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HomeMy WebLinkAboutTB-11/09/2011ELIZABETH 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.northfork, net MINUTES November 9, 2011 7:00 PM A Regular Meeting of the Southold Town Board was held Wednesday, November 9, 2011 at the Meeting Hall, 53095 Main Road, Southold, NY. Supervisor Russell opened the meeting at 7:00 PM with the Pledge of Allegiance to the Flag. Call to Order. 7:00 PM Meeting called to order on November 9, 2011 at Meeting Hall, 53095 Route 25, Southold, NY. I. Reports 1. Justice Rudolph H. Bruer 2. Special Projects Coordinator Monthly Report 3. Land Tracking Report 4. NFAWL Financial Statements 5. Program for the Disabled 6. Zoning Board of Appeals 7. Zoning Inspector 8. Town Clerk II. Public Notices 1. 2011-12 Scallop Season 2. NYS Liquor License Renewal 3. DHS and FEMA Nationwide Test of the Emergency Alert System IlL Communications IV. Discussion 1. 9:00 Am - Jim McMahon 2. 9:30 Am - Ken Reeves 3. 10:00 Am - Jennifer Andaloro 4. Department Name Change "Information Technologies" 5. Set Code Committee Meeting November 9, 2011 Southold Town Board Meeting Minutes Page 2 6. Love Lane U-Turns 7. LL/Parking Village Lane, Orient 8. LL/Solar Energy Fast Track Permit 9. LL/Tear Down 10. Support Resolution - Suffolk County Local Law 11. Energy Committee - Flat Screen Monitors/LIPA Retrofit Rebate 12. EXECUTIVE SESSION 12:00 - Melissa Spiro, Randy Parsons 13. EXECUTIVE SESSION 12:15 Pm- Chief Flatley Opening comments Supervisor Russell Okay, so we will pass the resolution first. (Swears in William Helinski as Police Sergeant). Congratulations. Well deserved. On any of the regular agenda items, does anyone want to make any comments on any of the agenda items? (No response). V. Resolutions 2011-739 CA TEGOR Y: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated November 9~ 2011. ~ V0,te Record 2 Resolution RES-2011-739 g~ Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Clxds~opher Talbot Seconder [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr, Voter [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-740 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, November 22, 2011 at the Southold Town Hall, Southold, New York November 9, 2011 Page 3 Southold Town Board Meeting Minutes v' Vote Record ~ Res01uflon 11~S-2011~740 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstnin Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter ~ El [] [] [] Supervisors Appt ~[9pher Talb0~ Seconder [] [] [] E] [] Tax Receiver's Appt Albert ~PSki Jr, Voter [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-736 Tabled 10/25/2011 7:30 PM CATEGORY: Enact Local Law DEPARTMENT: Town Clerk TABLE - 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 Building Code Administration, and Chapter 280, Zoning" 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 Building Code Administration, and Chapter 280~ Zoning" 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 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. November 9, 2011 Page 4 Southold Town Board Meeting Minutes 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 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. (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)0) Each application for a building permit for a new dwelling unit shall be accompanied by plans and specifications bearing the signature and November 9, 2011 Page 5 Southold Town Board Meeting Minutes 0)(!) (k)(m_) original seal of a licensed professional engineer or architect. 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. 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. Definitions. The following definitions have been added and/or revised: ALTERATION - ^ ........... ~, ....... ~,,, .............. ~ ..................... ~, .................... A c ange or 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 reconfi~uration 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. November 9, 2011 Page 6 Southold Town Board Meeting Minutes ARTICLE XXlII Nonconforming Uses and Buildings § 280-122. Nonconforming buildings with conforming uses. A. Nothing in this article shall be deemed to prevent the rcmc~e!ing 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 ~modetmg 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 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). November 9, 2011 Southold Town Board Meeting Minutes Page 7 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: (I) 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 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. (3)The consultant(s) will work under the direction of the Board of Appeals November 9, 2011 Page 8 Southold Town Board Meeting Minutes 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 an,/dems~ons being mad . 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. ¥. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Vote Record - Resolution RES-20i i-736 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled william Ruland Initiator [] [] : [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Ta!b0~ Voter [] Fl [] [] [] Tax Receiver's Appt [] Rescinded Albert Krapski Jr. Voter [] [] [] [] [] Town Clerk's Appt Louisa P. Evans Seconder [] F1 [] [] [] Supt Hgwys Appt Scoit Russell Voter [~ [] [] [] [] No Action Next: Nov 22, 2011 4:30 PM 2011-741 CATEGORY: DEPARTMENT: Employment - Town Accounting Accepts the Resignation of Heather Piscatelli RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Heather Piscatelli from the position of a Part Time Senior Citizen Aide II for the Human Resource Center effective November 28,2011. Vote Record - Resolution RES-201i~741 [] Adopted [] Adopted as Panended [] Defeated ~s/Aye No/NaY Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Initiator [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-742 November 9, 2011 Southold Town Board Meeting Minutes Page 9 CA TEGOR Y: DEPARTMENT: Close/Use Town Roads Town Clerk 2011 Turkey Trot RESOLVED that the Town Board of the Town of Southold hereby grants permission to Mattituck-Cutchogue Teachers' Association to use the following route for its 2011 Turkey Trot in Mattituck, on Thursday, November 24, 2011: beginning at Mattituck High School~ head south on Maple Avenue~ cross Route 25 to Reeve Avenue[ head south~ left on to New Suffolk Avenue[ proceed east~ right onto Maratooka Road[ proceed south~ loop left on Center Drive and Bungalow Avenue back to right on to Maratooka; cross New Suffolk Avenue onto Maratooka Lane~ left on Route 257 head wesh right onto Wickham Avenue~ proceed north~ right onto Pike Street~ finish at the 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. The fees have been waived for this event. ~' Vote Reeord~ ResolUtion RES;20ii;742 ~] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt ~SiOpher Talbo[ Voter ~ [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Initiator [] [] : [] [3 [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-743 CATEGOR~ DEPARTMEN~ Bid Acceptance Police Dept Reject Bid Used PD Vehicles RESOLVED that the Town Board of the Town of Southold hereby REJECTS any and all bids received for the used Police vehicles listed below. ASSET # DESCRIPTION VIN # 2362 2520 2562 2707 2688 3495 3382 1998 Ford Crown Victoria 1999 Ford Crown Victoria 2000 Ford Expedition 2001 Ford Crown Victoria 2001 Ford Crown Victoria 2006 Ford Crown Victoria 2006 Ford Crown Victoria 2FAFP71W9WX163148 2FAFP71W5XX194074 1FMPU 16LXYLB42405 2FAFP71W31X187115 2FAFP71W71X187120 2FAHP71WX6X138610 2FAHP71W96X102326 November 9, 2011 Page 10 Southold Town Board Meeting Minutes ~' Vote Rec0rd ~ Resol~fl0~ RES-2011-743 [] Adopted [] Adopted as Amended [] Defeated ~es/~y~ N0~aY Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Chhs~opher Talbot Seconder [] F1 [] [] [] Tax Receiver's Appt A!b~ ~pski ~r: ~pter [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Tom Clerk's Appt Scott Russell Voter [] [] [] [] Fl Supt Hgwys Appt [] No Action 2011-744 CA TEGOR Y: DEPARTMENT: Contracts, Lease & Agreements Public Works North Fork Promotional Council/Cablevision Fiscal Impact: Request by North Fork Promotional Council to have Cablevision install broadband communication services, at no cost to the Town of Southold. Greenport & Mattituck lnformation Centers. RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Agreement with Cablevision in connection the installation of broadband communication services at the North Promotional Council buildings in Greenport and Mattituck, that are owned by the Town of Southold, at no cost to the Town of Southold, all in accordance with the approval of the Town Attorney. vote Record- Resoluti0n RES-2011-744 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] 13 [] [] Supervisor's Appt Christopher Talbot Initiator [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr, Voter [] [] [] [] [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] Supt Hgwys Appt [] No Action 2011-745 CATEGORY: DEPARTMENT: Budget Modification Police Dept Budget Modification - Police Department Fiscal Impact: To cover underfunded overtime for the seasonal employees. November 9, 2011 Southold Town Board Meeting Minutes Page 11 RESOLVED that the Town Board of the Town of Southold hereby modifies the 2011 General Fund Whole Town budget as follows: From: A.3120.2.500.575 T._.qo: A.3120.1.300.200 Police, Equipment Noise Meters $200 Police, Seasonal Employees Overtime Earnings $200 ~ ¥0ie ~0rd ~ Resolution RES-2011-745 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Initiator [] [] [] [] [] Withdrawn Vincent Orlando Seconder : [] [] [] [] [] [] [] [] [] Superviso~'s Appt ~S[pphe[ Talbot Voter [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] 13 [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-746 CATEGORY: DEPARTMENT: Budget Modification Highway Department 2011 Budget Mod - Highway Fiscal Impact: The reason for these budget modifications is due to the fact that the above line item(s) need to be increased as there is currently insufficient funding in these line item(s). RESOLVED that the Town Board of the Town of Southold hereby modifies the 2011 Highway Fund Part Town budget as follows: To: DB.5110.4.100.200 General Repairs DB.5110.4.100.350 DB.5110.4.100.995 Contractual Expense Supplies & Materials Fuel/Lubricants General Repairs Contractual Expense Supplies & Materials Traffic Paint General Repairs Contractual Expense Supplies & Materials Signs & Sign Posts $40,000.00 $ 1,800.00 $ 4,000.00 TOTAL: $45,800.00 November 9, 2011 Page 12 Southold Town Board Meeting Minutes From** DB.5110.4.100.900 To: DB .5140.4.100.600 DB.5140.4.400.600 DB.5140.4.600.600 From: DB.5140.4.400.100 DB.5140.4.600.300 General Repairs Contractual Expense Supplies & Materials Resurfacing Projects Brash & Weeds/Miscellaneous Contractual Expense Supplies & Materials Uniforms Brush & Weeds/Miscellaneous Contractual Expense Contracted Services Office Equip Maintenance/Repair Brush & Weeds/Miscellaneous Contractual Expense Miscellaneous Dues & Subscriptions Brush & Weeds/Miscellaneous Contractual Expense Contracted Services Cleanup Week Debris Disposal Brush & Weeds/Miscellaneous Contractual Expense Miscellaneous Travel TOTAL: $45,800.00 $45,800.00 $ 2,000.00 $ 200.00 $ 100.00 TOTAL: $2,300.00 $ 200.00 $ 2,100.00 TOTAL: $ 2,300.00 Vote Record - Resolution RES-2011-746 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Initiator [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] fq [] Supt Hgwys Appt [] No Action 2011-747 CA TEGOR Y: DEPARTMENT: Budget Modification Trustees Pump Out Boat Supplies November 9, 2011 Page 13 Southold Town Board Meeting Minutes Fiscal Impact: Necessary supplies for winterization and winter storage of Town Pump-Out Boats RESOLVED that the Town Board of the Town of Southold hereby modifies the 2011 Board of Trustees General Fund Whole Town budget as follows: From: A.8090.4.400.840 To: A.8090.4.600.800 Pump-Out Waste Disposal $500.00 Pump-Out Boat Miscellaneous $500.00 Vote ReCOrd ' ResOlUtion RES-2011447 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt ~hristoPher Ta!bo~ Voter [] [] [] [] [] Tax Receiver's Appt A!b~ ~pski J[. initi~t0r [] 0 [] v1 [] Rescinded Louisa P. Evans Voter [] [] [] [] 13 Town Clerk's Appt Scoi~ Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-748 CATEGORY: DEPARTMENT: Employment - Town Accounting Appoint John Sepenoski Geo. Info Sys. Tech 111 RESOLVED that the Town Board of the Town of Southold hereby appoints John P. Sepenoski to the position of Geographic Information Systems Technician III for the Land Management Coordination Department, effective November 10, 2011, at a rate of $88,480.47 per annum. Vote Record - Resolution RES6201I~748 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Seconder [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] [] [3 Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-749 CA TE GO R Y: DEPARTMENT: Budget Modification Accounting November 9, 2011 Page 14 Southold Town Board Meeting Minutes Budget Modification for Workers Comp Insurance Fiscal Impact: As we expected late in 201 O, the actual Workers Compensation insurance premium allocations for 2011 are slightly higher than the budgeted appropriations. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2011 budget as follows: General Fund Whole Town From: A.9060.8.000.000 To: A.9040.8.000.000 Medical Insurance Total Workers Compensation Insurance Total $900 $900 $900 $900 $700 $700 $700 $700 $300 $300 $300 $300 Highway Fund Part Town From: DB.9055.8.000.000 Employee Benefit Fund Insurance Total To.' DB.9040.8.000.000 Workers Compensation Insurance Total Solid Waste District From: SR.9055.8.000.000 Employee Benefit Fund Insurance Total To~: SR.9040.8.000.000 Workers Compensation Insurance Total Vote Record -Resolution RES-2011-749 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Initiator ~ [3 [] [] [] Tax Receiver's Appt Albert Krapski Jr. Voter [] 13 [] [] [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] E] [] [] [] Supt Hgwys Appt [] No Action 2011-750 CA TE GO R Y: Employment - Town November 9, 2011 Southold Town Board Meeting Minutes Page 15 DEPARTMENT: Accounting Accepts Resignation of Charles Tyler Jr. RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Charles Il. Tyler Jr. from the position of Public Safety Dispatcher I in the Police Department, effective November 2, 2011. Vote ReCOrd ~ Resoluaon RES-2011-750 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Initiator [] [] [] [] [] Withdrawn Vincent Orlando Seconder [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albea Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-751 CA TEGOR Y: DEPARTMENT: Contracts, Lease & Agreements Accounting Engage A VZ for Agreed Upon Procedures Report Fiscal Impact: Engage AVZ to complete an Agreed Upon Procedures Report relating to the grant for the Laurel Lake Preservation and Trail Plan with anticipated reimbursement coming from the grant. RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott Russell to execute an engagement letter with Albrechh Viggiano, Zureck and Compan¥~ P.C. in connection with the Agreed Upon Procedures Report as required under the grant contract between the Town and New York State Office of Parks, Recreation & Historic Preservation relating to Laurel Lake Preservation and Trail Plan (EPF 540328) in an amount not to exceed $7,500 which shall be a legal charge to the Community Preservation Fund Independent Auditing budget appropriation (H3.1320.4.500.300), all in accordance with the approval of the Town Attorney. Vote Record 2 Resolution RES-20il-751 [] Adopted [] Adopted as A~nended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando initiator [] [] [3 [] [] Withdrawn [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Seconder [] [3 [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action November 9, 2011 Page 16 Southold Town Board Meeting Minutes 2011-752 cA TE GO R Y: DEPARTMENT: Budget Fishers Island Ferry District FIFD Tax Levy RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District Board of Commissioners dated November 1,2011 which reads as follows: RESOLVED that, pursuant to General Municipal Law 3-c(5), the Board of Commissioners of the Fishers Island Ferry District, overrides, for the 2012 fiscal year, the tax levy limit imposed by General Municipal Law 3-c. Vote ReCOrd - Resolution RES~2011-752 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Seconder [] [] [] [] [] 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 2011-753 CATEGORY: DEPARTMENT: Budget Fishers Island Ferry District Approve FIFD Budget 2012 RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District Board of Commissioners dated November 1,2011 which reads as follows: Resolved, that the Board of Commissioners hereby approves the District budget for 2012, a copy of which is attached as Exhibit A (with total revenues and expenses of $3.3150MM including a tax levy of $.75MM). November 9, 2011 Page 17 Southold Town Board Meeting Minutes Vote R~cord - Resolution RES-2011-753 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] D [] [] [] Supervisor's Appt Christopher Talbot Seconder I~ [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] 0 [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-754 CA TEGOR Y: DEPARTMENT: Surplus Equip - Non Usable Human Resource Center Declare HRC Vehicles as Surplus - Non-Usable RESOLVED that the Town Board of the Town of Southold hereby declares the following equipment to be surplus equipment: 1994 Dodge Grand Caravan - VIN# 1B4GH54R4RX292086 (N-6) 2003 Ford Crown Victoria - VIN# 2FAFP71W93X109523 (N-19) Contact person is Karen McLaughlin, Town Director of Human Services - (631)298-4460. Vehicles are in "as is" condition and may be viewed at Lou's Garage, Pacific Street, Mattituck, New York. Be it further RESOLVED that the Town Board authorizes and directs the Town Clerk to advertise for the sale of same. Vote Record - Resolution RES-2011-754 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled william Ruiand Seconder [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot initiator [] [] [] [] [] Tax Receiver's Appt Albefl Kmpski Jr, Voter [] [] [] D [] Rescinded Louisa P. Evans Voter [] El [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-755 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Recreation Hire Winter Recreation Program Instructor November 9, 2011 Southold Town Board Meeting Minutes Page 18 Resolved that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an agreement with the following individual for the winter 2011-12 recreation programs, all in accordance with the approval of the town attorney. Funding for the instructors listed below has been budgeted for in the recreation department's instructor line A7020.4.500.420. Eric Izzo (youth basketball) .......................................... $30/hour Vote Record - Resolution RES-2011-755 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Initiator [] [] [] [] [] Withdrawn Vincent Orlando Seconder gl [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-756 CATEGORY: DEPARTMENT: Bid Acceptance Highway Department Accept Bid Flo 'n Dump Body RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Trius~ Inc, of Bohemia~ New York~ for one (1) new 10' FIo'N Dump Body~ in the sum of $17~987.00~ as this was the lowest bid received. All the above is 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: DB. 5142.2.400.200. Vote Record - Resolution RES-2011-756 ~I Adopted [] Adopted as Amended [] Defeated ~es!Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Initiator [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] /ax Receiver's Appt Albert ~PSki Jr: Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-757 CA TEGORY: Contracts, Lease & Agreements November 9, 2011 Page 19 Southold Town Board Meeting Minutes DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Preventative Maintenance Agreement Between Weston & Sampson CMR, Inc. and the Town of Southold for the Maintenance of the Fishers Island Pump Station RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Preventative Maintenance Agreement between Weston & Sampson CMR~ Inc. and the Town of Southold for the maintenance of the Fishers Island Pump Station for a total of two visits at a total contract price of $2,174.00 for 2012, subject to the approval of the Town Attorney. Z ¥6{~ R~rd ~ Remiafi~n ~$;20i1,757 ~ Adopted [] Adopted as Amended [] Defeated Yes/Axe No/Nay Abstain Absent D Tabl~ William Rulm~d Vot~ ~ ~ D ~ ~ With~ Vinc~t ~lando S<ond~ ~ ~ ~ ~ ~ Sup~i~r's Appt Christoph~ Talbot Voter ~ ~ ~ ~ ~ Tax R~eiv~'s Appt Alb~ Kmpski Jr. Initiator ~ ~ D ~ ~ R~c~d~ Louisa P. Evans Vot~ ~ ~ D ~ D Town Cl~k's Appt Scott Russell Vot~ ~ D ~ ~ ~ Supt Hgwys Appt ~ No Action 2011-758 CA TEGOR Y: DEPARTMENT: Local Law Public Hearing Town Attorney PH 12/6/11 Di Vello Rezone WHEREAS, by Local Law No. 30 of 1999, the Town Board of the Town of Southold, in connection with the County Route 48 Land Use Study, rezoned a portion ora parcel fronting on Mary's Road, Mattituck, identified as SCTM #1000-140-2-32, from Light Industrial (LI) to R- 40; and WHEREAS, upon further review of the zoning in the area, the Town Board finds it appropriate to rezone a .52-acre portion of SCTM #1000-140-2-32 that is presently zoned R-40 to RO; and WHEREAS, rezoning of the portion of the subject site as RO is consistent with the zoning of the adjacent area. NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Southold is considering the change of zone of a .52-acre portion of SCTM #1000-140-2-32 from R-40 to Residential Office (RO) on its own motion; and be it further November 9, 2011 Page 20 Southold Town Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold requests the Planning Board and/or Planning Staff to prepare a report and recommendations on the proposed rezoning, including a SEQRA report and recommendation; and it is further RESOLVED that the Town Clerk of the Town of Southold is directed to forward the matter to the Suffolk County Planning Commission for a report and recommendations; and it is further RESOLVED that pursuant to the requirements of Section 265 of the New York State Town Law and the Code of the Town of Southold, Suffolk County, New York, the Town Board of the Town of Southold will hold a public hearing on a proposed Local Law entitled "A Local Law to amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of a .52-acre portion of SCTM #1000440~2~32 from R-40 to RO" at Southold Town Itall~ 53095 Main Road~ Southold~ New York~ on the 6th day of December~ 2011 at 7:32 p.m. The portion of the property to be rezoned is approximately .52 acres, is located on the southwest side of Mary's Road in Mattituck, and is depicted on the attached drawing. November 9, 2011 Page 21 Southold Town Board Meeting Minutes November 9, 2011 Page 22 Southold Town Board Meeting Minutes 2011-759 CATEGORY: DEPARTMENT: Budget Modification Solid Waste Management District SMWD Budget Increase Fiscal Impact: Appropriate "surplus" revenues for MSW Removal, Diesel appropriations, and Trailer fleet repairs RESOLVED that the Town Board of the Town of Southold hereby increases the 2011 Solid Waste Management District budget as follows: Revenues: SR 2130.00 Garbage Removal & Disposal Charges $153,300 Appropriations: SR 8160.4.100.200 Diesel Fuel SR 8160.4.400.805 MSW Removal SR 8160.4.400.680 Trailer Fleet Repair Total $16,000 $135,000 $ 2,3OO $153,300 Vote ReCOrd - Resolution P~S-2011-759 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Initiator [] [] [] [] [] Tax Receiver's Appt Albert Kropski Jr. Voter ~ [2] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-760 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Contract Between the Town of Southold November 9, 2011 Page 23 Southold Town Board Meeting Minutes and the North Fork Audubon Society in Connection with the Beach-Dependent Species Management RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the contract between the Town of Southold and the North Fork Audubon Society in connection with the beach-dependent species management in the total amount of $15,000.00 for the term March 1, 2012 through March 1, 2014, subject to the approval of the Town Attorney. Vote Re. rd ~ ReSOlution RE8-201i,760 [~ Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Initiator [] [] [] Fl [] Withdrawn Vincent Orlando Seconder [] F1 [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Krapski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter ~ [] [] [] [] Supt Hgwys Appt [] No Action 2011-761 CATEGOR~ DEPARTMENT: Employment - FIFD Accounting Fishers Island Longevity Nicholas Espinosa WHEREAS, the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their November 1,2011 meeting increasing the wages of full-time Maintenance Mechanic II Nicholas S. Espinosa by 3% due to 5 years longevity effective November 27, 2011, and WHEREAS the Town Board of the Town of Southold is required to approve appointments and salary adjustments of employees of the Fishers Island Ferry District, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby increases the salary of Nicholas S. Espinosa, Maintenance Mechanic II, Fishers Island Ferry District, by 3% effective November 27, 2011. vote Record ~ Resolution RES;2011-761 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Initiator [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] F1 Albert Krupski Jr. Seconden' ~ [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa Pi Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter I~ [] [] [] [] Supt Hgwys Appt [] No Action November 9, 2011 Southold Town Board Meeting Minutes Page 24 2011-762 CATEGORY: DEPARTMENT: Budget Modification Public Works Dog Park Improvements - Recreation Center Fiscal Impact: Park & Playground funded project - Special Recreation Facilities RESOLVED that the Town Board of the Town of Southold hereby increases the 2011 General Fund Whole Town budget as follows: Revenue~ A.2025.00 Appropriations: A.1620.2.500.775 Special Recreation Facilities Park & Playground Total Dog Park Improvement Project Total $10,500 $10,500 $10,500 $10,500 Vote Record ? Resolution RES-2011-762 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Votec [] [] [] [] [] Withdrawn Vincent Orlando Seconder [] F1 F1 [2] [] Supervisor's Appt Christopher Talbot initiator [] [] [] [] 13 Tax Receiver's Appt Albert Krupski Jr. Voter ~] [] [] [] 13 Rescinded Louisa P. Evans Voter I~l [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [3 Supt Hgwys Appt [] No Action Comments regarding resolution 762 COUNCILMAN KRUPSKI: A number of us looked at this this afternoon, that number started at $18,000 it is now $10,500. I don't believe it is going to be anywhere near that by the time the project is done. 2011-763 CA TE G OR Y: DEPARTMENT: Budget Modification Solid Waste Management District SWMD Budget Mods Fiscal Impact: Cover overdrawn budget lines. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2011 Solid Waste Management District budget as follows: November 9, 2011 Page 25 Southold Town Board Meeting Minutes From: SR 8160.1.200.100 SR 8160.4.100.300 SR 8160.4.100.566 SR 8160.4.100.610 SR 8160.4.100.615 SR 8160.4.100.650 SR 8160.4.400.600 SR 8160.4.400.681 SR 8160.4.400.685 SR 8160.4.600.300 SR 8160.4.600.200 To.' SR 1490.1.100.200 SR 8160.4.100.551 SR 8160.4 100.581 SR 8160.4.100.596 SR 8160.4.400.125 SR 8160.4.100.622 P/T Regular Earnings $ 2,000 Odor Control 500 Maintenance Cat Quarry Track 500 Maint/Supply Forklift 300 Maint/Supply CAT 816 B Compactor 400 Garbage Bags 275 Scale Maintenance 350 Kenworth Tractor Repairs 240 Repairs/Chevy Pick-Up 400 Travel Reimbursement 750 Meetings and Seminars 700 TOTAL: $6,415 Admin - Overtime Earnings $ 2,050 CAT 966 Maint/Supplies 1,500 Supplies - Kenworth Tractor 900 Maint/Supply CBI Grinder 1,000 Compost Analysis 300 Maint/350 Pick-up 665 TOTAL: $ 6,415 Vote Record. Resolution RES-2011-763 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt ChristoPher Talbot Seconder [] [] [] [] Tax Receivers Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-764 CA TEGOR Y: DEPARTMENT: Surplus Equip - Non Usable Police Dept Surplus Equipment - Police Department RESOLVED that the Town Board of the Town of Southold hereby declares the following equipment to be surplus and unusable equipment: Asset# 2101 Asset# 2561 Asset# 2896 1995 Chevy 1985 Chevy t986 Volvo Vin#1G1BL52P4SR153557 Vin#2GCEK24LOF 1201202 Vin#YV1 FX8752G2057637 November 9, 2011 Page 26 Southold Town Board Meeting Minutes Asset# 3168 2004 Ford Asset# 3414 1990 Olds Vin#2FAHP71 W34X 164589 Vin#2G3AM84NOL2320645 Vote Reeord-,,Re~olutto,n,RES-2011-764 [~ Adopted [] Adopted as Amended [] Defeated Yes/AYe No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Initiator [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-765 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Hereby Authorizes and Directs Supervisor Scott A. Russell to Execute an Interagency Contract with the County of Suffolk through Its Duly Constituted Department of Fire, Rescue and Emergency Services and the Town of Southold for the Provision of an Emergency Generator for Fishers Island RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Interagency Contract with the CounW of Suffolk through its duly constituted Department of Fire~ Rescue and Emergency Services and the Town of Southold for the provision of an emergency generator for Fishers Island at no cost to the Town, subject to the approval of the Town Attorney. Vote Record - Resolution R1~S-2011-765 r~ Adopted [] Adopted as Amended [] Defeated yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Initiator [] [] [] [] [] Withdrawn Vincent Orlando Seconder [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] I-1 FI [] [] 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 2011-766 CA TEGOR Y: DEPARTMENT: Contracts, Lease & Agreements Town Attomey Authorizes and Directs Supervisor Scott A. Russell to Execute the Agreement Between the Town of Southold and the New York State Division of Homeland Security and Emergency Services in Connection with the FY09 Buffer Zone Protection Program November 9, 2011 Southold Town Board Meeting Minutes Page 27 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Agreement between the Town of Southold and the New York State Division of Homeland Securit~ and Emergency Services in connection with the FY09 Buffer Zone Protection Program regarding grant funds in the sum of $194,000.00 for equipment to enhance the security of critical infrastructure and key resource assets, to be implemented by the Southold Town Police Department, for the period from April 1, 2009 through March 31, 2012, subject to the approval of thc Town Attorney. Vote Record ~ Reaolution RES-2011-766 [] Adopted 13 Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn vincem ~i~nd0 iniiiator ~ [] [3 [] [] Supervisoes Appt Chhst0pher Talbot Voter [] [] El [] [] Tax Receiver's Appt Albert Krapski Jr. Seconder I~ [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [3 [] [] [] Supt Hgwys Appt [] No Action 2011-767 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney 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 #C006789 (Planning & Development of Southold Town Code Revisions) to December 31, 2012 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 #C006789 (Planning & Development of Southold Town Code Revisions) to December 31, 2012, subject to the approval of the Town Attomey. Vote Record ? Resolution RES-2011-767 [] Adopted [] Adopted as Amended [] Defeated ~es/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Seconder [] [] [] [] [] 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 [] [] D [] [] Supt Hgwys Appt [] No Action 2011-768 CA TEGOR Y: DEPARTMENT: Local Law Public Hearing Town Attorney November 9, 2011 Page 28 Southold Town Board Meeting Minutes 7:35PM 12/6/11 - PH Solar Energy Fast Track Permit WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 9th day of November, 2011, a Local Law entitled "A Local Law in relation to Amendments to Chapter 144~ Fire Prevention and Building Code Administration~ in connection with Residential Solar Energy System Fast Track Permit Application Process" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 6th day of December, 2011 at 7:35 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 144~ Fire Prevention and Building Code Administration~ in connection with Residential Solar Energy System Fast Track Permit Application Process" 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~ in connection with Residential Solar Energy System Fast Track Permit Application Process". BE IT ENACTED by the Town Board of the Town of Southold as follows: Purpose. it is the intention of the Town Board of the Town of Southold, as part of its goal to limit dependence on imported sources of fossil energy, cut greenhouse gas emissions and reduce the cost of energy for our residents, to enact a Solar Energy System Fast Track Permit process modeled on the guideline recommendations of the Long Island Unified Solar Permitting Initiative composed of the Suffolk County Planning Commission, Nassau County Planning Commission, and the Long Island Power Authority, whereby the installation of standard solar energy systems can be standardized, simplified and accelerated in Towns and Villages across Long Island. II. Chapter 144 of the Code of the Town of Southold is hereby amended as follows: §144-3. Administration and enforcement officers designated; definitions. D. As used in this chapter, the following terms shall have the meanings indicated: SOLAR POWER FAST TRACK PROGRAM - A Program to expedite all applications for standard installations of solar electric and solar hot water energy systems on residential buildings and legal accessory structures on residential property as developed by Long Island Unified Solar Permitting Initiative. November 9, 2011 Page 29 Southold Town Board Meeting Minutes STANDARD INSTALLATION - Those installations that meet the following criteria. and any subsequent amendment thereto: (1) (2) (3) Are not subject to architectural review or review by the Architectural Review Board or Landmark Preservation Commission~ Are proposed for installation on a roof with a single layer of roof covering; Are to be flush-mounted parallel to the roof surface and no more than 6" above the surface[ (4) Have an 18" clearing at the roof ridge and an 18" clearing path to the ridge; (5) Create a roof load of no more than 5 pounds per square foot for photovoltaic (PV) and 6 pounds per square foot for residential solar hot water (RSHW); (6) Be installed by LIPA authorized contractors; (7) Use PV panels that have been certified by a nationally-recognized testing laboratory as meeting the requirements of the Underwriters Laboratory (UL) Standard 1703 and inverters must be on a list of New York State Public Service Commission type tested inverters which are tested by UI, or other nationally-recognized laboratories to conform with UL 1741; (8) Use RSHW equipment that has been certified by the Solar Rating and Certification Corporation under its OGo 100 standard for solar collectors; (9) Use other equipment such as modules, combiner boxes and a mounting system that have been approved for public use; and (10) Be in full compliance with all current National Electrical Code (NEC) requirements. §144-8. Building permit required; application for permit. Applications. (1) Except for standard installations of solar energy systems, the requirements for which are set forth in Section C(3) of this Chapter, 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 National Electric Code (NEC), the Uniform Code and the Energy Code. The application shall include or be accompanied by the following information and documentation: November 9, 2011 Page 30 Southold Town Board Meeting Minutes (2) (3) Exception to the requirements set forth in § 144-8C. Building Inspectors have the right, when an application for a structure is accompanied by plans and specifications beating the signature and original seal of a licensed professional engineer or architect and accompanied by an affidavit stating that the plans and specifications comply with the Uniform Code and Energy Code, to verify that both the plans and the c,~n~t:',:'ct~n installation comply with the High Wind Load requirements, the Uniform Code and Energy Code at the field inspection stage. Applications for standard installations of solar energy systems shall be made on the Fast Track Permit Application form provided by the Building Inspector and shall include a completed requirements checklist bearing the signature of the property owner and contractor, a project information sheet and configuration diagram prepared by a Professional Engineer or Registered Architect, and any other information that the Building Inspector deems necessary. Applications for standard installations on residential and legal accessory structures on residential property shall be determined within fourteen (14) business days of the filing ora completed application. Permit fees. (1) The following fees shall be paid upon the filing of an application with the Building Inspector for a building permit, which fees shall be paid into the general fund if the application is approved or returned to the applicant if the application is denied: (i) The fee for standard applications for any residential solar energy system shall be $ 50.00. 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. November 9, 2011 Page 31 Southold Town Board Meeting Minutes ~ ~o~e Reeorfi e Resolution RES-2011,768 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/NaY Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter ~ [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-769 CATEGORY: DEPARTMENT: Legislation Town Attorney LL/Solar Energy Permit 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 Admlni~tration~ in connection with Residential Solar Energy System Fast Track Permit Application Process" to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations and reports. Vote Record ~ Resolution RigS-2011-769 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Initiator [] rq [] F1 [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Seconder ~ [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-770 CA TEGOR Y: DEPARTMENT: Employment - Town Accounting Promote William Helinski to Police Sergeant RESOLVED that the Town Board of the Town of Southold hereby appoints William Itelinski to the position of Police Sergeant for the Police Department, effective November 10, 2011, at an annual base salary of $115,620. November 9, 2011 Southold Town Board Meeting Minutes Page 32 Vote Record- Resolution RES-2011-770 I~ Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Absta n Absent [] Tabled William Ruland Voter F~ [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Initiator [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter R] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-771 CA TEGOR Y: DEPARTMENT: Public Service Town Attorney Data Processing Department Name Change RESOLVED that the Town Board of the Town of Southold hereby apl~roves a chan~;e of the title of the "Data Processing Department" to the "Information Technologies Department" effective immediately. VOte ReCOrd - Resolution RES-2011-771 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled ~illiam Ruland Initiator [] [] [] ~ [] Withdrawn Vincent Orlando Voter [] [3 [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P Evah~ Seconder ga 13 [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-772 CATEGOR~ DEPARTMEN~ Employment - Town Accounting Appoint Dawn M. Jacobs to PSD I RESOLVED that the Town Board of the Town of Southold hereby appoints Dawn M. Jacobs to the position of a Public Safe ,W Dispatcher I for the Southold Town Police Department, effective November 14, 2011, at a rate of $46,857.25 annually. November 9, 2011 Page 33 Southold Town Board Meeting Minutes · r V0te Record - ReS~lutlon RES-2011.772 ~ Adopted [] Adopted as Amended [] Defeated Y~s/Aye N0fNay ~b~tain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Oriand~ initiator [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receive/'s Appt [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] : [] [] [] [] Supt Hgwys Appt [] No Action Comments regarding resolution 722 SUPERVISOR RUSSELL: Can we do the swearing in? (Administers Oath of Office to Dawn Jacobs) 2011-773 CATEGORY: DEPARTMENT: Support/Non-Support Resolution Town Clerk Support Resolution for Suffolk County Legislature Introductory Resolution for Proposed Local Law Entitled "A Charter Law to Ensure Appropriate Representation of the Ten Towns on the Sc Planning Commission RESOLVED the Southold Town Board hereby supports the Count, of Suffolk Introductory Resolution to be introduced as a proposed local law entitled "A Charter Law to Ensure Appropriate Representation of the Ten Towns on the Suffolk County Planning Commission" and respectfully urges the Suffolk County legislature to pass this legislation in its current form. Vote Record - Resolution RES-2011-773 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albe~t Kmpski Jr. Initiator [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scot~ Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action Comments regarding resolution 773 SUPERVISOR RUSSELL: I would just like to quickly thank Legislator Ed Romaine for bringing that to the legislature. That is to give towns the opportunity to appoint its members to the Suffolk County Planning Commission. Comments regarding resolutions 774 & 775 JUSTICE EVANS: Can we pass 774? I thought John said that we had to set a special meeting November 9, 2011 Page 34 Southold Town Board Meeting Minutes to pass the budget? COUNCILMAN ORLANDO: We are adopting the preliminary budget. SUPERVISOR RUSSELL: Why can't we adopt the annual budget? We had two public hearings. JUSTICE EVANS: John said something that he had to file it with someone? TOWN CLERK NEVILLE: File it with the state and he hasn't done that yet. COUNCILMAN KRUPSKI: It is normally done, isn't it normally adopted the meeting after the public hearing? COUNCILMAN RULAND: There is not enough time. TOWN CLERK NEVILLE: But there is not enough time, it has to be done by the 20th under law. So I guess we will have to have a special meeting and have Louisa sign a waiver. SUPERVISOR RUSSELL: Well, we will pass on it tonight but I have a feeling we will be back together very soon. 2011-774 CATEGORY: Budget DEPARTMENT: Town Clerk Adopt 2012 Annual Budget WHEREAS, the Town Board of the Town of Southold has met at the time and place specified in the notice of public heatings on the Preliminary Budget for the fiscal year beginning on January 1, 2012, and heard all persons desiring to be heard thereon; now, therefore, be it RESOLVED that the Town Board of the Town of Southold does hereby adopt such Preliminary Budget as the Annual Budget of this Town for the fiscal year beginning on the 1st day of January 2012; and be it FURTHER RESOLVED that such budget as adopted by this Board be entered in detail in the minutes of the proceedings of this Town Board; and be it FURTHER RESOLVED that the Town Clerk of the Town of Southold shall prepare and certify copies of said annual budget as adopted by the Town Board of the Town of Southold, together with the estimates, if any, adopted pursuant to Section 202a, Subdivision 5 of the Town Law, and deliver a copy thereof to the County Legislature of the County of Suffolk. Vote Record - Resolution RES-2011-774 [] Adopted [] Adopted as Amended [3 Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt 12] Rescinded Albert Krapski Jr. Voter [] [] [] [] [] Town Clerk's Appt Louisa P. Evans Initiator [] [] [] [] [] Supt Hgwys Appt Scott Russell Voter [] [] [] [] No Action Next: Nov 15, 2011 3:00 PM November 9, 2011 Page 35 Southold Town Board Meeting Minutes 2011-775 CATEGORY: Budget DEPARTMENT: Town Clerk Adopt Such Preliminary Capital Budget as the Annual Capital Budget of This Town for the Fiscal Year Beginning on the 1St January 2012 WHEREAS, the Town Board of the Town of Southold has met at the time and place specified in the notice of public hearings on the Preliminary Capital Budget for the fiscal year beginning on January 1, 2012, and heard all persons desiring to be heard thereon, now, therefore, be it RESOLVED that the Town Board of the Town of Southold does hereby adopt such Preliminary Capital Budget, as amended~ as the Annual Capital Budget of this Town for the fiscal year beginning on the 1st January 2012; and be it FURTHER RESOLVED that such capital budget as adopted by this Board be entered in detail in the minutes of the proceedings of this Town Board; and be it FURTHER RESOLVED that the Town Clerk of the Town of Southold shall prepare and certify copies of said annual Capital Budget as adopted by the Town Board of the Town of Southold, together with the estimates, if any, adopted pursuant to Section 202a, Subdivision 5 of the Town Law, and deliver a copy thereof to the County Legislature of the County of Suffolk. Vote Reeo~-d - Resolution RES-2011 ~775 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] Withdmum [] Supervisor's Appt Vincent Orlando Voter [] [] Tax Receiver's Appt Christopher Talbot Voter [] [] [] [] [] Rescinded Albert Krupski Jr. Voter [] [] [3 [] [] Town Clerk's Appt Louisa P. Evans Initiator [] Supt Hgwys Appt Scott Russell Voter [~ [] [] [] [] NO Action Next: Nov 15, 2011 3:00 PM Closing Comments Supervisor Russell That concludes the agenda. Would anybody like to address the Town Board on any issue? (No response). Hearing none. Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 7:34 P.M. November 9, 2011 Page 36 Southold Town Board Meeting Minutes Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Talbot, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell