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Home My WebLink AboutTB-12/06/2011ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631) 765 - 1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING MINUTES December 6, 2011 7:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, December 6, 2011 at the Meeting Hall, 53095 Main Road, Southold, NY. Supervisor Russell opened the meeting at 7:30 PM with the Pledge of Allegiance to the Flag. Call to Order 7:30 PM Meeting called to order on December 6, 2011 at Meeting Hall, 53095 Route 25, Southold, NY. I. Reports 1. Justice Rudolph H. Bruer 2. Southold Planning Board 3. Zoning Board of Appeals 4. Justice William H. Price Jr 5. Zoning Inspector II. Public Notices IlL Communications IV. Discussion 1. 9:20 A.M. - Jeff Standish, Laura Klahre 2. 9:00 A.M. - Phillip Beltz, Karen McLaughlin, Jim McMahon 3. 9:40 A.M. - Jim King 4. 10:00 A.M. - Mark Terry, Cornell Cooperative Extension 5. Website - Discussion of Contract 6. 10:30 A.M. - Melissa Spiro 7. Fees for Solid Waste Management District 8. Sale of Surplus Cars 9. Tear Down Legislation, Next Steps? 10. LL/DiVelIo Rezone - Public Hearing Tonight 11. EXECUTIVE SESSION- Litigation 12. LL/Solar Energy Fast Track Permit Process - Public Hearing Tonight 13. EXECUTIVE SESSION- Labor December 6, 2011 Page 2 Southold Town Board Meeting Minutes 14. Dredging 15. Transportation Commission Recommendations Pledge to the Flag Supervisor Scott A. Russell SUPERVISOR RUSSELL: Please rise and join with me in the Pledge of Allegiance to the Flag. Thank you. Tonight we are going to swear in first Lieutenant Frank Kruszeski to the vacant position that was vacated when Chief Flatley became Chief from Captain. Frank, can you please come up with your family? (Supervisor Russell swears Frank Kruszeski in as Police Captain). And to the vacant Lieutenant's position, Jamie Ginas, come on up. (Supervisor Russell swears Jamie Ginas in as Police Lieutenant) I would also invite the public to notice the entire town police department that is here, we have one of the police departments in the United States of America. I think that would conclude the event. I want to thank all of the police officers for showing UP in support Of these men. Thank you. 2011-841 CA TEGOR Y: DEPARTMENT: Employment - Town Accounting Appoint Frank Kruszeski to Captain RESOLVED that the Town Board of the Town of Southold hereby appoints Frank R. Kruszeski to the position of Captain for the Police Department, effective immediately at an annual base salary of $139,101.07. Vote Record - Resolution RES-2011-841 [~ 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 Albe~I Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-842 CA TEGORY: Employment - Town DEPARTMENT: Accounting Appoint James Ginas to Lieutenant RESOLVED that the Town Board of the Town of Southold hereby appoints James A. Ginas to the position of Lieutenant for the Police Department, effective immediately at an annual base salary of $130,001.00. December 6, 2011 Page 3 Southold Town Board Meeting Minutes Vote Record - Re~olufion RES-2011-842 [] 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 [] [] [] [] [] Supt Hgwys Appt [] No Action Opening Comments Supervisor Russell Alright, what I would like to do at this point, if anybody would like to address the Town Board on any of the items that are on the agenda to please feel free. (No response) V. Resolutions 2011-799 CA TEGOR Y: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated December 6~ 2011. Vote Record - Resolution RES-2011-799 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William RulmM Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Chrisiophe~ ~aibOt Votex [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Seconder [] [] [] [2 [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-800 CA TEGOR Y: DEPARTMENT: Set Meeting Town Clerk Set Next Town Board Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held at 4:30 PM on Tuesda¥~ December 20~ 2011 at the Southold Town Hall, Southold, New York December 6, 2011 Page 4 Southold Town Board Meeting Minutes ,t' Vote Record - Resolution RES-2011-800 r~ Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt A!bea Krupski Jr. Seconder [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-801 CATEGOR~ DEPARTMEN~ Budget Modification Police Dept Budget Modification - Police Department Fiscal Impact: To appropriate money to cover seasonal employees and an underfitnded gasoline & oil budget line. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2011 General Fund Whole Town budget as follows: From: A.1990.4.100.200 To: A.3120.1.300.100 A.3120.4.100.200 Contingent, Police Retirement Reserve $29,665 Total $29,665 Police, P.S. Seasonal Employees, Regular Earnings $15,000 Police, C.E. Gasoline & Oil $14,665 Total $29,665 · ~' Vote Record - Resolution RES-2011-801 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Initiator [] [] [] [] [] Withdrawn Vincent Orlando Seconder [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert IQ~pski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] F] [] [] [] Supt Hgwys Appt [] No Action 2011-803 CA TEGOR Y: DEPARTMENT: Budget Modification Accounting December 6, 2011 Page 5 Southold Town Board Meeting Minutes Budget Modification 2011 Central Garage Fuel Fiscal Impact: Provide additional appropriation for fuel RESOLVED that the Town Board of the Town of Southold hereby modifies the Central Garage 2011 budget within the General Fund Whole Town as follows: From: A. 1640.4.400.650 To: A. 1640.4.100.200 Vehicle Maintenance & Repairs Total $1,100 $1,100 Gasoline & Oil $1,100 Total $1,100 vote Record - Resolution RES-2011-803 [] 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 F1 [] [] [] E] 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 2011-802 CA TEGOR Y: DEPARTMENT: Budget Modification Accounting Budget Modification for Health Plan Buyout Fiscal Impact: One additional and unexpected employee elected to take the buyout for family coverage during 2011 RESOLVED that the Town Board of the Town of Southold hereby modifies the 2011 budget as follows: General Fund Whole Town From (Decrease Appropriations): A.9901.9.000.000 Transfers to Health Plan Total To (Increase Appropriations): A.9089.8.000.100 Medical Plan Buyout Total $9,050 $9,050 $9,050 $9,050 December 6, 2011 Page 6 Southold Town Board Meeting Minutes Employee Health Plan Decrease Revenues: MS.5031.00 Interfund Transfers Total Decrease Appropriations: MS.9060.8.000.000 Medical Benefits Total $9,050 $9,050 $9,050 $9,050 Vote Record - Resolution RES-2011-802 [] Adopted [] Adopted as Amended [] Det~ated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Initiator [] [] [] [] [] Supe~isor's Appt Christopher Talbot Voter [] [] [] I~ [] Tax Receiver's Appt Albert Krupski Jr. Seconder [] 12 [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-804 C,4TEGORY: DEPARTMENT: Budget Modification Highway Department 2011 Budget Modification - 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(a9. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2011 Highway Fund Part Town budget as follows: To: DB.5110.1.100.200 General Repairs Personal Services Full Time Employees Overtime Earnings $ 9,000.00 DB.51 t0.4.400.600 General Repairs Contractual Expense Contracted Services Other Contracted Services $ 2,000.00 DB.5140.4.400.600 Brush & Weeds/Miscellaneous Contractual Expense Contracted Services Office Equipment/Maintenance/Repair $ 375.00 TOTAL: From: $11,375.00 December 6, 2011 Page 7 Southold Town Board Meeting Minutes DB.5110.4.100.900 DB.5110.4.100.975 DB.5140.4.600.200 General Repairs Contractual Expense Supplies & Materials Resurfacing Projects General Repairs Contractual Expense Supplies & Materials Steel Brash & Weeds/Miscellaneous Contractual Expense Miscellaneous Meetings & Seminars $ 9,000.00 $ 2,000.00 $ 375.00 TOTAL: $11,375.00 Vote Record - Resolution RES.2011-804 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-805 CA TEGOR Y: DEPARTMENT: Budget Modification Police Dept Budget Modification - Police Department Fiscal Impact: To appropriate money to cover unde(funded lines for dry cleaning, radar/equipment maintenance and vehicle maintenance. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2011 General Fund Whole town budget as follows: From: A.3120.2.500.400 A.3120.2.500.775 To.' A.3120.4.400.400 A.3120.4.400.600 A.3120.4.400.650 A.3130.2.500.200 Police, Radio Equipment Police, In-Car Video Total $2,000 18,000 $20,000 Police, Laundry & Dry Cleaning $6,000 Police, Radar/Equip. Maintenance 1,500 Police, Vehicle Maint. & Repairs 12,000 Bay Constable, Radio Equipment 500 December 6, 2011 Page 8 Southold Town Board Meeting Minutes Total $20,000 Vote Record - ReSOlution RES-2011-805 [] Adopted [] Adopted as Amended 13 Defeated Yes/Aye No/Nay Abstain Absent [] Tabled Willimn Ruland Initiator [] [] [] [] [] Withdrawn Vincent Orlando Seconder [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [2] [] F1 ~ [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [3 : [] [] [] Town Clerk's Appt scott Russell Voter [] [] [3 [] [] Supt Hgwys Appt [] No Action 2011-806 CATEGOR~ DEPARTMENT: Budget Modification Highway Department 2011 Budget Modification - 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 was insufficient funding in these line item(s). RESOLVED that the Town Board of the Town of Southold hereby modifies the 2011 General Fund Whole Town budget as follows: To-' A.5010.1.100.300 A.5010.1.100.400 From: A.1990.4.100.100 Superintendent of Highways, P.S. Full Time Employees, Vacation Earnings Superintendent of Highways, P.S. Full Time Employees, Sick Earnings Unallocated Contingencies TOTAL: $ 317 $5,428 TOTAL: $5,745 $5,745 $5,745 Vote Record- Resolution RESt2011-806 [] Adopted [] Adopted as Amended [] Defeated Y~s/Aye N0~ Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Initiator [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [3 [] [] [] [] Tax Receivers Appt Albert Krupski Jr. Seconder ~ [] [] [] [] Rescinded Louisa P, Evans Voter [] [3 [3 [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-807 December 6, 2011 Southold Town Board Meeting Minutes Page 9 CA TEGOR Y: DEPARTMENT: Budget Modification Solid Waste Management District SWMD Budget Mods Fiscal Impact: Town bag vending machine credit card vendor charges thru end qf year; overdrawn lines. Increase budgets for MSW removal, diesel.fuel, liquidation of employee overtime. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2011 Solid Waste Management District budget as follows: Revenues: Increase: SR 2130.00 Appropriations: From: SR.9710.7.100.100 To: SR 8160.4.500.500 SR 8160.4.100.125 SR 8160.4.100.210 SR 8160.4.100.250 SR 8160.4.100.596 SR 8160.4.100.200 SR 8160.4.400.805 SR 8160.1.100.200 Garbage Removal & Disposal Charges $70,000 Totals $70,000 Serial Bond Interest $ 6,055 Totals $ 6,055 Credit Card Processing Fees $ 1,800 Misc. Supplies 5 Propane Fuel 250 Heating Fuel 2,000 Maint/Supply CBI Grinder 2,000 Diesel Fuel 15,000 MSW Removal 50,000 Employee Overtime 5,000 Totals $76,055 Vote Record: Resolution RES-2011-807 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] E] [] [] [] Withdrawn Vincent Orlando Seconder [] [] [] 13 [] 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 2011-808 CA TEGOR Y: DEPARTMENT: Bid Acceptance Highway Department Accept Gasoline Bid 2012 December 6, 2011 Page 10 Southold Town Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby accepts the bid(s} from Petro Commercial Services~ at a price of $0.1775 per gallon fixed differential above the Northville Rack Price~ for supplying the Town of Southold with both Unleaded Gasoline (Ethanol} and Unleaded Plus Gasoline (Ethanol}~ respectively~ for the 2012 calendar year~ subject to the approval of the Town Attorney. Vote Record -Resolution RES=2011-808 ~ Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Seconder [] [] [] [] [] Rescinded Louisa P, Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-809 CA TE GO R Y: DEPARTMENT: Bid Acceptance Highway Department Accept Diesel 2012 RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Burt's Reliable~ at a fixed differential price of $0.09 per gallon over the Northville Rack Price, for supr}l¥in~ the Town of Southold with ultra low sulfur diesel fuel for the 2012 calendar year~ subject to the approval of the Town Attorney. Vote Record - Resolution RES-2011-809 [] Adopted [] Adopted as Amended [] Def~ated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Initiator [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Seconder I~ [3 [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-810 CATEGORY: DEPARTMENT: Accept Sand Bid 2012 Bid Acceptance Highway Department RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of East Coast Mines, in the amount of $14.20 per cubic yard~ for supplying Bulk Screened Sand for December 6, 2011 Southold Town Board Meeting Minutes Page 11 Ice Control and Highway Maintenance to the Highway Department for the 2012 calendar year, subiect to the approval of the Town Attorney. Vote Record - Resolution RES-2011-810 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Rulmld Voter [] [] [] [] [] Withdrawn Vincent Orlando Initiator [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Seconder I/~ [] [] [] [] Rescinded Louisa P. Evans Voter [] V1 [] [] [] Town Clerk's Appt Scott Russell Voter [] F1 [2 [] [] Supt Hgwys Appt [] No Action 2011-811 CA TEGOR Y: DEPARTMENT: Close/Use Town Roads Town Clerk Grant Permission for the 3Rd Annual North Fork Soldier Ride on Saturday, September 1, 2012 TO BE TABLED UNTIL 12/20/11 meeting RESOLVED the Town Board of the Town of Southold hereby grants permission to Wounded Warrior Proiect and authorizes a police escort for the 3rd Annual North Fork Soldier Ride on Saturday, September 1, 2012; the ride will commence at Mitchell Park, Greenport at 8:30 AM and proceed west on Route 25 to Mattituck Fire Department, north on Wickham Road to Route 48 and east to Moores Lane Park, Greenport; more accomplished riders will continue to Orient Point and back to Greenport without police escort. Approval is on the condition the applicant provide written approval from the Village of Greenport and 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 town fees for this event shall be waived. Vote Record - Resolution RES-2011-811 [] Adopted [] Adopted as Amended [] Supervisor's Appt Vincent Orlando Voter [] [] [] [] 2011-812 December 6, 2011 Southold Town Board Meeting Minutes Page 12 CA TE GO R Y: DEPARTMENT: Employment - Town Accounting Deferred Compensation Resolution to Amend and Restate the Model Plan for Employees of the Town of Southold Deferred Compensation Resolution to Amend and Restate the Model Plan WHEREAS, the New York State Deferred Compensation Board (the "Board"), pursuant to Section 5 of the New York State Finance Law ("Section 5") and the Regulations of the New York State Deferred Compensation Board (the "Regulations"), has promulgated the Plan Document of the Deferred Compensation Plan for Employees of the Town of Southold (the "ModelPlan") and offers the Model Plan for adoption by local employers; WHEREAS, the Town of Southold pursuant to Section 5 and the Regulations, has adopted and currently administers the Model Plan known as the Deferred Compensation Plan for Employees of the Town of Southold; WHEREAS, effective August 26, 2011 the Board amended the Model Plan to adopt provisions · Reorganizing and updating sections to improve the overall readability and eliminate unnecessary numerical references (annual limits) from the Model Plan document. · Including employer elections within the plan document including: suspension of deferrals following an unforeseeable emergency withdrawal, automatic distributions from small and inactive accounts, loan design parameters and Roth deferrals and in-plan conversions are permissive. The Model Plan document includes a Schedule A where the employer may indicate the election of one or more of these provisions. · Clarifying the first date a participant may make deferrals in compliance with Code Section 457(b) and timing requirements for any subsequent changes to deferral rates or allocations between pre-tax and after-tax deferrals. · Clarifying compensation available for deferral for purposes of calculating contributions and recognizes that employers use various methods in determining the order of deductions taken before a deferral percentage is applied. · Including provisions related to HEART Act of 2008 regarding treatment of differential pay and qualifying distributions for active military service in compliance with the HEART Act, including suspension of deferrals for six months following distribution. · Making technical recognition of the waiver of RMDs for 2009. · Clarifying that a beneficiary form must be received in good order to be considered valid. · Clarifying that the Model Plan will only accept rollovers from Eligible Retirement Plans comprised of pre~tax amounts and amounts may be rolled in by participants, beneficiaries (other than inherited accounts) and alternate payees. Model Plans may roll account balances out to Eligible Retirement Plans that include post-tax amounts if the receiving plan separately accounts for them. · Clarifying that a beneficiary of a deceased participant may roll a distribution directly to a Roth IRA, in addition to plan participants. · Including language allowing for future delivery of participant communications through December 6, 2011 Southold Town Board Meeting Minutes Page 13 electronic means, where appropriate. · Codifying that periodic and lump sum payments must be a minimum of $100 per payment, unless the Committee selects a different minimum, and sets a maximum annual number of partial distributions. · Clarifying that the $50,000 loan limit includes the highest loan value in the last twelve months from the Model Plan and other employer plans. Regarding participants who have defaulted on a Plan loan, subsequent loans would not be allowed until defaulted loan is repaid. Removes requirement that a participant must wait until the term of the original loan expires before applying for a new loan, assuming the defaulted loan is repaid. · Providing guidance on the handling of the receipt of special proceeds such as SEC settlements payable to former participants. · Allowing a surviving spouse beneficiary to name a beneficiary on their account. · Including the 5 year option for non-spousal beneficiaries to receive disthbutions and makes distribution rules consistent for pre- and post-age 70½ deaths. · Allowing earlier distributions due to severance of employment as long as a balance of $500 remains in the account for 45 days after a severance from employment. · Providing that outstanding loans from another New York state 457(b) plan may be allowed to be transferred or rolled in with a full account transfer. · Removing the Power of Attorney Language since the acceptance of a power of attorney is governed by State law and not required in the Model Plan document. · Clarifying the requirement that Committee actions must be taken at a public meeting in accordance with Article 7 of the Public Officers Law. · Limiting indemnification to Committee Members only. WHEREAS, the Board has offered for adoption the amended and restated Model Plan to each Model Plan sponsored by a local employer in accordance with the Regulations; and WHEREAS, upon due deliberation, the Town Board of the Town of Southold has concluded that it is prudent and appropriate to amend the Deferred Compensation Plan for Employees of the Town of Southold by adopting the amended Model Plan. NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Southold hereby amends the Deferred Compensation Plan for Employees of the Town of Southold by adopting the amended Model Plan effective August 26, 2011, including the optional provisions in Schedule A, in the form attached hereto as Exhibit A. Exhibit A SCHEDULE A Effective date of last completion or amendment of this Schedule A: April 1, 2011 Instructions This Schedule A and all later amendments to this Schedule A are part of the Plan document and should remain attached to the Plan document. Schedule A is used by the Committee (I) TO ACTIVATE or TERMINATE optional Plan provisions described below, (2) TO MODIFY the December 6, 2011 Page 14 $outhold Town Board Meeting Minutes default provisions of the Plan described below or (3) TO INDICATE that the default provisions described below will continue to apply under the Plan. Each section of this Schedule A must be completed by the Committee in connection with the adoption of this amendment and restatement of the Plan. All selections made shall remain effective until this Schedule A is later amended by the Committee. All section references refer to the corresponding sections of the Plan and all defined terms have the meanings ascribed to them in the Plan. Committee Elections - Optional Plan Provisions 3.1(c) ROTH PROGRAM Section 3.1(c) of the Plan permits Roth Contributions only if the Committee checks' YES below. The Committee must also indicate below the effective date of this election. The Committee should check NO below to indicate that Roth Contributions will not be permitted under the Plan or, at a later time, to change prospectively (as o fa specified effective date) a prior election under this section. The Plan shall maintain a Roth Program under which Participants may make Roth Contributions to the Plan, which Roth Contributions will be made and separately accounted for in compliance with the relevant provisions of the Plan and the Code. YES [] NO Effective date: April 1,2011 &4(d) IN-PLAN ROLLOVER TO A ROTH ACCOUNT Section 8.4(d) of the Plan permits Roth Contributions only if the Committee has checked YES above (permitting a Roth Program) and checked YES below allowing amounts that otherwise qualify as Eligible Rollover Distributions not attributable to Roth Contributions to be directly contributed to a Roth Account under the Plan. The Committee must also indicate below the effective date of this election. The Committee shouM check NO below to indicate that Eligible Rollover Distributions may not be directly rolled over to a Roth Account under the Plan or, at a later time, to changeprospectively (as ora specified effective date) aprior election under this section. To the extent the Committee has resolved to implement and maintain a Roth Program pursuant to Section 3.1 (c) of Schedule A, a Participant may elect to have the portion of his or her Eligible Rollover Distribution that is not attributable to Roth Contributions directly rolled over into a Roth Account in the Plan. YES (do not check YES unless Roth Program is in effect) December 6, 2011 Page 15 Southold Town Board Meeting Minutes [] NO Effective date: April 1,2011 3.1(e) SUSPENSION OF DEFERRALS AND CONTRIBUTIONS FOLLOWING AN UNFORESEEABLE EMERGENCY WITHDRAWAL Section 3.1(e) of the Plan allows the Employer automatically to suspend deferrals and contributions for six months following the date a Participant receives an Unforeseeable Emergency withdrawal only if the Committee checks YES below. The Committee must also indicate below the effective date of this election. The Committee should check NO below to indicate that a suspension of deferrals and contributions will not be required or, at a later time, to change prospectively (as of a specified effective date) a prior election under this section. A Participant's deferrals and contributions will be suspended for a period of six months following a distribution due to an Unforeseeable Emergency withdrawal. [] YES v' NO Effective date: April 1,2011 7.2(b) AUTOMATIC DISTRIBUTION OF SMALL ACCOUNTS FOLLOWING ,4 SEVERANCE FROM EMPLOYMENT Section 7.2(b) of the Plan allows the Employer to automatically distribute certain small account balances following a Severance from Employment only if the Committee has checked YES below. The Committee must also indicate below the effective date of this election. The Committee should cheek NO to indicate that no automatic distribution will occur following a Severance from Employment or, at a later time, prospectively to change(as of a specified effective date) a prior election under this section. With respect to a Participant or an Alternate Payee whose Account or Alternate Payee Account does not exceed the amount set forth in Section 7.2(a) of the Plan, the Committee shall direct the automatic distribution of the Participant's Account and Rollover Account or the Alternate Payee's Alternate Payee Account as soon as practicable following the Participant's Severance from Employment. [] YES ~ NO Effective date: April 1,2011 7.2(b) AUTOMATIC DISTRIBUTION OF INACTIVE SMALL ACCOUNTS Section 7.2(b) of the Plan allows the Employer to automatically distribute certain small account balances in inactive accounts only if the Committee has checked YES below and indicated the small account amount below. The Committee must also indicate below the December 6, 2011 Page 16 Southold Town Board Meeting Minutes effective date of this election. The Committee should check NO to indicate that no automatic distribution of inactive small accounts will occur or, at a later time, prospectively to change (as ora specified effective date) a prior election under this section. 7.2(b) Automatic Distributions a~er a Severance from Employment. With respect to a Participant or an Alternate Payee whose Account or Alternate Payee Account does not exceed the amount set forth in Section 7.2(a) of the Plan, upon an Account Participant's Plan Benefit falling below $ , [Insert any whole dollar amount up to the dollar limit under Section 411(a)(ll)(A) of the Code] to the extent that the requirements of Section 7.2(a) of the Plan are met, the Committee shall direct the automatic distribution of the Participant's Account and Rollover Account or the Alternate Payee's Alternate Payee Account in accordance with 7.2(b) of the Plan. [] YES v: NO Effective date: April 1,2011 7.3 PLAN LOANS FOR ACTIVE EMPLOYEES Section 7.3 of the Plan allows active Employees to request a Plan loan only if the Committee has checked YES below. The Committee must also indicate below the effective date of this election. The Committee should check NO to indicate that no Plan loans will be permitted or, at a later time, prospectively (as o fa specified effective date) to change a prior election under this section. Participants who are active Employees shall be eligible to request a Plan loan and may be granted a loan pursuant to the requirements of Section 7.3 of the Plan. YES [] NO Effective date: April 1,2011 7.3(a) PLAN LOANS FOR PARTICIPANTS ON AN APPROVED LEA VE OF ABSENCE Section 7.3(a) of the Plan allows Participants who are on an approved leave of absence to be eligible to request a Plan loan only if the Committee has checked YES above (permitting Plan loans for active Employees) and checked YES below extending the loan provisions to Participants on an approved leave of absence. The Committee must also indicate below the effective date of this election. The Committee should check NO to indicate that no Plan loans will be permitted for Participants, on an approved leave of absence or, at a later time, prospectively to change (as o fa specified effective date) a prior election under this section. Participants who are on an approved leave of absence from their Employer shall be eligible to request a Plan loan and may be granted a loan pursuant to the requirements of Section 7.3 of the Plan. YES (do not check YES unless Plan Loans are authorized for active Employees) December 6, 2011 Southold Town Board Meeting Minutes Page 17 [] NO Effective date: April t, 2011 Committee Elections - Modification of Default Plan Provisions 7.309 DURATION OF LOAN GRACE PERIOD Section 7.3 of the Plan allows the Committee to permit Plan loans (see elections above). If the Committee permits Plan loans, the Plan document states that, unless the Committee makes an election below, any such loan will be in default ifa Participant fails to make a required loan repayment within 90 days following the due date for such repayment. The Plan document refers to this period as the "Loan Grace Period." Section 7.309 of the Plan allows the Committee to specify a shorter Loan Grace Period by indicating a period of fewer than 90 days below and by indicating that such election will apply to Plan loans made after the effective date specified below. The Committee may, at a later time, indicate (as of a specified effective date) a different Loan Grace Period by making a new election under this section. The Loan Grace Period for purposes of Section 7.3(f) shall be 90 days [a number of days greater than 0 but less than 90] following the due date of a Participant's scheduled loan repayment. Effective date: April 1,2011 8.1(c)(i) and (iii) MINIMUM LUMP SUM AMOUNT Sections 8.1(c)(i) and (iii) of the Plan allow a Participant who is otherwise eligible for a distribution under the Plan to elect to receive that distribution in a total or partial lump sum. The Plan document states that, unless the Committee makes an election below, the amount of a partial lump sum distribution cannot be less than $100. The Plan document refers to this amount as the "Minimum Lump Sum Amount." Sections 8.1(c)(i) and (iii) of the Plan allow the Committee to specify a different Minimum Lump Sum Amount by indicating a dollar amount below and by indicating that such Minimum Lump Sum Amount will apply to distributions made after the effective date specified below. The Committee may also indicate there is no Minimum Lump Sum Amount by inserting the "none" or "0" below. The Committee may, at a later time, indicate (as of a specified effective date) on a prospective basis a different Minimum Lump Sum Amount by making a new election under this section. The Minimum Lump Sum Amount shall be $100. Effective date: April 1,2011 8.1 (c)(ii) MINIMUM INSTALLMENT AMOUNT Section 8.1(c)(ii) of the Plan allows' a Participant who is otherwise eligible for a distribution under the Plan to elect to receive that distribution in periodic monthly, quarterly, semi-annual or annual installments. The Plan document states that, unless the Committee makes an election below, the amount of an installment distribution cannot be less than $100. The Plan document refers to this amount as the "Minimum Installment Amount. ' December 6, 2011 Southold Town Board Meeting Minutes Page 18 Section 8.1(c)(ii) of the Plan allows the Committee to specify a different Minimum Installment Amount by indicating a dollar amount below and by indicating that such Minimum Installment Amount will apply to distributions made after the effective date specified below. The Committee may also indicate there is no Minimum Installment Amount by inserting the "none" or "0" below· The Committee may, at a later time, indicate (as ora specified effective date) on a prospective basis a different Minimum Installment Amount by making a new election under this section. The Minimum Installment Amount shall be $ ! 00. Effective date: April 1,2011 8.1(c)(i) and (iii) MAXIMUM ANNUAL NUMBER OF PARTIAL DISTRIBUTIONS PER PLAN YEAR Sections 8.1(c)(i) and (iii) of the Plan allow a Participant who is otherwise eligible for a distribution under the Plan to elect to receive that distribution in a total or partial lump sum. The Plan document states that, unless the Committee makes an election below, the maximum number of partial lump sum distributions in a Plan Year may not exceed 12. The Plan document refers to this amount as the "Maximum Annual Number of Partial Distributions." Sections 8.1(c)(i) and (iii) of the Plan allow the Committee to specify a different Maximum Number of Partial Distributions per Plan Year by indicating a different limit below and by indicating that such limit will apply to distributions made after the effective date specified below. The Committee may, at a later time, indicate (as ora specified effective date) on a prospective basis a different Maximum Number of Partial Distributions for a Plan Year by making a new election under this' section. The Maximum Annual Number of Partial Distributions for each Plan Year shall be 1~2. Effective date: April 1,2011 8.1(e) DISTRIBUTION WAITING PERIOD Section &l(c) of the Plan allows a Participant who is otherwise eligible for a distribution under the Plan to elect to receive that distribution in a total or partial lump sum or in installments. Section &l(e) of the Plan document also states that, unless the Committee makes an election below, a distribution will be delayed for 45 days if the distribution wouM result in the Participant having an account balance of less than $500. The Plan document refers to this period as the "Distribution Waiting Period." Section &l(e) of the Plan allows the Committee to specify a different Distribution Waiting Period by indicating a different limit below and by indicating that such limit will apply to distributions made after the effective date specified below· The Committee may also indicate there is no Distribution Waiting Period by inserting the word "none" below. The Committee may, at a later time, indicate (as ora specified effective date) on a prospective basis a different Distribution Waiting Period for a Plan Year by making a new election under this Schedule A . The Distribution Waiting Period shall be NONE days. Effective date: April 1,2011 December 6, 2011 Southold Town Board Meeting Minutes Page 19 Vote Record - Resolution RES-2011~812 [] Adopted [] Adopted as A~nended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincen{ Orlando Voter [] [] [] [] [] Supervisor's Appt ChristoPher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Seconder [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [3 [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-814 CA TEGOR Y: DEPARTMENT: Policies Public Works DPW- Inoculations Fiscal Impact: Hepatitis B Series for DPW Staff RESOLVED that the Town Board of the Town of Southold hereby modifies the 2011 General Fund Whole Town - Building & Grounds budget as follows: From: A. 1620.4.600.200 Refuse Disposal $1,260 To: A. 1620.4.600.500 Inoculations $1,260 Vote Record - Resolution RES-2011-814 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled ~iiiia~ Ruland Initiator [] [] [] [] [] Withdrawn Vincent Orlando Seconder [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-815 CA TEGOR Y: DEPARTMENT: Bid Acceptance Solid Waste Management District HHW Bid Acceptance RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of December 6, 2011 Southold Town Board Meeting Minutes Page 20 MXI Environmental Services LLC to supply the town with Household Hazardous Waste (HHW) collection and removal services for calendar year 2012 and 2013 at the prices submitted by MXI in their bid of Novc~mbcr 23,2011 for the various listed hazardous materials classifications, all in accordance with the Town Attorney. Vote Record -Resolution RESt201 !-815 [] 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 [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-816 CATEGORY: DEPARTMENT: Attend Seminar Building Department Training Seminar RESOLVED that the Town Board of the Town of Southold hereby grants permission to Building Inspector George Gillen to attend a seminar on Building Height and Area in Patchogue, N.Y, on December 14, 2011. All expenses for registration and travel to be a legal charge to the 2011 building department budget (meetings and seminars). Vote Record - Resolution RES-2011-816 [] 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 Kmpski Jr. iniiiat0r ~ [3 [] [] [] Rescfilded Louisa P. Evans Voter [] FI FI UI [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-817 CA TEGOR Y: DEPARTMENT: Attend Seminar Building Department Training Seminar RESOLVED that the Town Board of the Town of Southold hereby grants permission to Chief Building Inspector Michael Verity to attend a seminar on Concrete and Masonry Construction in Patchogue~ N.Y, on December 15, 2011 and Building Permits Examiner Patricia Conklin and Fire Inspector Robert Fisher to attend a seminar on Public Assembly December 6, 2011 Southold Town Board Meeting Minutes Page 21 on Tuesday~ December 13~ 2011 in Quogue~ NY. All expenses for registration and travel to be a legal charge to the 2011 building department budget (meetings and seminars). Vote Record - Resolution RESt2011-817 [] Adopted [] Adopted as Amended [] Defeated yes/Aye N~(N~ ~b~t~i~ Absent [] Tabled Wiiiiam Ruland Seconder [] [] [] [] [] Withdrawn Vincent Orlando Voter [] ; [3 [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P, Evans Initiator [] [] [] [3 [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-818 CATEGORY: DEPARTMENT: Committee Appointment Town Clerk Appoint John Vitteritti to the Housing Advisory Commission RESOLVED the Town Board of the Town of Southold hereby appoints John Vitteritti to the Housing Advisory Commission effective immediately through March 31, 2013. Vote Record - Resolution RES-2011-818 [] Adopted [] Adopted as Amended [] Defeated yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Initiator [] [] [] [] [] Withdrawn Vincent Orlando Seconder [] ~ [3 [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt AIberl Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] : [] [] [] Supt Hgwys Appt [] No Action 2011-819 CA TEGOR Y: DEPARTMENT: Employment - Town Accounting Create and Set &dary Scale Program Aide I RESOLVED that the Town Board of the Town of Southold hereby creates the seasonal position of part-time Program Aide I and establishes the hourly rate of pay for part time Program Aide I as follows: Effective Date Rate January 1, 2012 $12.98 per hour December 6, 2011 Page 22 Southold Town Board Meeting Minutes Vote Record. Resolution RES~2011~8t9 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Initiator [] [] F1 [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Seconder [] FI FI [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter D1 [] [] [] [] Supt Hgwys Appt [] No Action 2011-820 CATEGORY: DEPARTMENT: Surplus Equip - Non Usable Town Clerk Declare HRC Vehicles as Surplus - Non-Usable RESOLVED that the Town Board of the Town of Southold hereby amends resolution no. 2011-754~ adopted at the November 9~ 2011 meeting as follows: 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) Asset #3179 2003 Ford Crown Victoria - VIN# 2FAFP71W93X109523 (N-19) Asset #2795 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, with a minimum bid of $348.00 for the Dodge and $368.00 for the Ford. · r' Vote Record - Res01ution RES-2011-820 I [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] FI [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supcnvisor's Appt Ch~Sstopher Talbot Vote~ [] [] [] [] [] Tax Receiver's Appt Albert Krapski Jr. Initiator [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-821 CATEGORY: DEPARTMENT: Bid Acceptance Town Clerk December 6, 2011 Page 23 Southold Town Board Meeting Minutes Accept Bid for PD Vehicles RESOLVED that the Town Board of the Town of Southold hereby accepts a bid of $340.82 each vehicle from Donald Grim for the seven (7) Police Department vehicles, for a total of $2385.74. Vote Re~ord- Resolut on RES-2011-821 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] : [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [3 Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Seconder [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-822 CATEGORY: DEPARTMENT: Bid Acceptance Police Dept Accept the Bid of Hoppy's Cleaners to Clean Southold Town Police Uniforms RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Hoppy's Cleaners to clean Southold Town Police Uniforms for calendar year 2012 in the amounts indicated on the bid submitted, all in accordance with the Town Attorney. Vote ReCOrd- Resolution RES-2011-822 [] Adopted [] Adopted as Amended [] Defeated ~(Aye No(Nay Abstain Absent [] Tabled William Ruland Initiator [] [] [] [] [] Withdrawn Vincent Orlando Seconder [] [] : [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] I-1 [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Seoi~ Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-823 CA TEGOR Y: DEPARTMENT: Bid Acceptance Town Clerk Accept the Bid of Charles Greenblatt, Inc. to Supply the Town with Police Uniforms for 2012 RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Charles Greenblatt, Inc. to supply the town with Police Uniforms for 2012 in the amounts indicated on the bid submitted, all in accordance with the Town Attorney. December 6, 2011 Page 24 Southold Town Board Meeting Minutes ~' vote ReCOrd * ReSOlution R~S-2011.823 [] Adopted [] Adopted as Amended [] Defeated Yes/Axe No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Initiator [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] : [] [] [] [] Tax Receiver's Appt ~ib~ ~Psk! Jr. S¢~0nder : ~ [] [] [] [] Rescinded Louisa P. Evans Voter [] [] rl [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-824 CA TEGOR Y: DEPARTMENT: Seqra Town Attorney SEQRA LL/Solar Fast Track RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed "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" is classified as a Type II action pursuant to SEQRA rules and regulations, and is not subject to further review under SEQRA and is consistent with the LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. Vote Record = Resolution RES=2011~824 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando se~0nder ~ [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] D [] [] [] Tax Receivers Appt A bert IQ~apski Jr. Initiator [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-825 CA TEGOR Y: DEPARTMENT: Enact Local Law Town Clerk Enact LL # 13 Solar Fast Track 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" and December 6, 2011 Southold Town Board Meeting Minutes Page 25 WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested pm'sons 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~ in connection with Residential Solar Ener~ System Fast Track Permit Application Process" 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~ 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. STANDARD INSTALLATION - Those installations that meet the following criteria, and any subsequent amendment thereto: (1) Are not subject to architectural review or review by the Architectural Review Board or Landmark Preservation Commission[ (2) Are proposed for installation on a roof with a single layer of roof coveting; (3) 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' cleating path to the Page 26 December 6, 2011 Southold Town Board Meeting Minutes (s) (6) (7) ridge; 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); Be installed by LIPA authorized contractors; 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 OG-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: (2) 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 bearing 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:tmct~n installation comply with the High Wind Load requirements, the Uniform Code and Energy Code at the field inspection stage. (3) 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 December 6, 2011 Southold Town Board Meeting Minutes Page 27 K. Permit (1) 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 of a completed application. fees. 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. IlL SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Vote Record - Resolution RES-2011-825 [] 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 [] [] [] [] Supt Hgwys Appt [] No Action 2011-826 CATEGORY: DEP~4RTMENT: Seqra Town Attorney LL/DiVelIo .52-Acre Portion SEQRA RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed Local Law entitled "A Local Law to Amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of a .52-acre portion of SCTM #1000-140-2-32 from R-40 to RO" 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 December 5,2011 and December 6, 2011 Southold Town Board Meeting Minutes Page 28 that said local law is consistent with LWRP coastal consistency review pursuant to §268-3 of the Town Code of the Town of Southold, Waterfront Consistency Review. Vote Record - Re~olution RES-2011-826 [] Adopted [] Adopted as Amended 13 Del~ated y~s/AYe No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Votc'r [] [] [] [] [] Tax Receiver's Appt Albert Krapski Jr. Seconder [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [3 Supt Hgwys Appt [] No Action 2011-827 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Execute the Grant qf Drainage Easement and All Other Necessary Documents Between Joseph Battaglia and Heidi M. Battaglia and the Town of Southold RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Grant of Drainage Easement and all other necessary documents to effectuate same between Joseph Battaglia and Heidi M. Battaglia and the Town of Southold, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2011-827 [] Adopted [] Adopted as Amcmded [] Defeated ~s/AYe No/Nay Abstain Absent [] Tabled William Ruland Initiator [] [] [] [] [] Withdrawn Vincent Orlando Seconder [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Resch~ded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-828 CATEGORY: DEPARTMENT: Local Law Public Hearing Town Attorney LL/Amendments to Chapter 219 WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 6tnday of December, 2011, a Local Law entitled "A Local Law in relation to Amendments to Chapter 219, Shellfish and Other Marine Resources" now, therefore, be it December 6, 2011 Southold Town Board Meeting Minutes Page 29 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 3rd day of January, 2012 at 4:32 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 219~ Shellfish and Other Marine Resources" reads as follows: LOCAL LAW NO. 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 219~ Shellfish and Other Marine Resources". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. It is the purpose and intent of these amendments to provide for the proper use and regulation of shellfish and underwater lands and to protect the natural resources of the Town, thereby promoting the general health, safety and welfare of the residents of the Town of Southold and the public at large. II. Chapter 219 of the Code of the Town of Southold is hereby amended as follows: §219-4 Definitions. Unless otherwise expressly stated, the following t~rms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged (or latest edition). MARINE RESOURCES - Blue claw crabs, horseshoe crabs, eels and mussels and other marine biota. SHELLFISH - Clams, scallops, oysters, blue~....~1 ....... v..~o,*'~ and mussels. §219-9 Clams. C. Churning by power may not be employed in the taking of clams 6de4bae-in Town waters. §219-12 Mussels. B. Not more than 10 bushels of mussels may be taken from Town waters for commercial purposes in one day by any one person..r ......................... :. ~ ,~. ..... ~. December 6, 2011 Southold Town Board Meeting Minutes Page 30 §219-16 Restricted areas. Shellfish shall not be taken from any Town waters which have been restricted by the T~,wn Board of Trustees, provided that such restricted areas shall have been properly designated by a resolution duly passed by said Board of Trustees and notices posted by said Board of Trustees. §219-23 Coordination and enforcement. The ~ Office of Code Enforcement andh~ the Bay Constable are responsible for coordination and enforcement of the provisions of this chapter, and have the authority to issue violations of the provisions of this chapter. IlL SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Vote Record - Resolution RES-2011428 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [3 [] [] [] Withdrawn Vincent Orlando Initiator [] [] [] [] [3 Supervisor's Appt Christopher Talbot Voter [] [] [] fil [] 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 2011-829 CA TEGOR Y: DEPARTMENT: Legislation Town Attorney LL/Amendments to 219 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 December 6, 2011 Southold Town Board Meeting Minutes Page 31 Amendments to Chapter 219~ Shellfish and Other Marine Resources" to the Southold Town Planning Board and the Suffolk CounW Department of Planning for their recommendations and reports. Vote Record- R~olution RES-2011-829 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Cl~stopher 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 2011-830 CA TEGOR Y: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Execute an Agreement Between the Town of Southold and Johnson Electrical Construction Corp. 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 Johnson Electrical Construction Corp. in connection with traffic light tel)airs and maintenance along Count3, Route 48, at a cost of $525.00 per month plus an additional $5.50 per bulb fee, for a one year term, effective January 1, 2012, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2011-830 [] Adopted [] Adopted as AJnended [3 Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] Supervisor's Appt Christopher Talbot Voter [] [3 [] [] [] Tax Receiver's Appt Albert IG-upski Jr. Seconder [] [] [] [] [] Rescinded Louisa P. Evans initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-831 CA TEGOR Y: DEPARTMENT: Contracts, Lease & Agreements Town Clerk Set SWMD Permit Fees RESOLVED that the Town Board of the Town of Southold hereby sets fees for the Solid Waste Management District effective with the issuance of the 2012 2-year permits as follows: December 6, 2011 Page 32 Southold Town Board Meeting Minutes Permit Fees: Commercial Permit Fees: Residential $120.00 first permit $ 60.00 each additional $30.00 first permit (two years) $15.00 each additional $15.00 first permit (2"d year) $ 7.50 each additional (2nd year) Vote Record ~ ResolutiOn RES-20ii-831 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Raland Initiator [] [] [] [] [] Withdrawn Vincent Orlando Seconder : [] D [] [] [] 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 2011-832 CA TE GORY: Grants DEPARTMENT: Supervisor 2012 Community Development Block Grant Program RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to sign the Proiect Description Forms for the 2012 Community Development Block Grant Program as follows: Administration Peconic Lane Community Center (interior renovations and improvements) North Fork Housing Alliance (Home Improvement Program) Southold Senior Services (Ramp Loan Program) Robert Perry Child Day Center Community Action Southold Town Peconic Community Council $ 9,472 $10,000 $55,243 $ 5,000 $ 5,000 $ 5,000 $ 5,000 Vote Record - Resolution RESt2011-832 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando initiator [] : [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Seconder ~ F1 [3 [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] 13 [] Supt Hgwys Appt [] No Action December 6, 2011 Page 33 Southold Town Board Meeting Minutes 2011-833 CA TE GO R Y: DEPARTMENT: Ratify Fishers Island Reso. Fishers Island Ferry District F1FD Computer Purchase 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 15, 2011 approving the purchase of three Dell computers (two for FI Business Office, one for FI Reservations office) at $880.00 a piece. Vote Record - Resolution RES~2011r833 [] Adopted [] Adopted as Panended [] 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 ~1 [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [3 [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-834 CA TEGOR Y: DEPARTMENT: Ratify Fishers Island Reso. Fishers Island Ferry District Increase Hourly Wage for FIFD Recording Secretary 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 15,2011 to increase the hourly wage for Catherine Edwards, recording secretary from $20.00 per hour to $25.00 per hour effective October 19, 2011 following completion of a three month probationary period beginning July 19, 2011, as set out in a resolution dated July 19, 2011. Vote Record - Resolution RES-2011~34 [] Adopted [] Adopted as Amended [] Det~ated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn ~in~en~ 0;iand~ se~0hder M [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [3 [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Vo[er [] [] [] [] [] Rescinded Louisa P. Evans Initiator ~ [] F1 FI [] Town Clerk's Appt Scott Russell Voter [] FI [] [] [] Supt Hgwys Appt [] No Action 2011-835 December 6, 2011 Southold Town Board Meeting Minutes Page 34 CA TEGOR Y: DEPARTMENT: Ratify Fishers Island Reso. Fishers Island Fen-y District FIFD Accept Bid of SuperSeal Services 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 15, 2011 accepting the quote from SuperSeal Services, LLC in the amount of $1300.00 to seal cracks and repaint lines in the New London Terminal parking lot. Vote Record ~ Resolution RES~2011~835 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Initiator [] [] [] [] [] Withdrawn Vincent Orlando Seconder [] [] [] [] [] Supervisor's Appt ~Siop)er Tg!b0[ V0[er [] [] [] [] [] Tax Receiver's Appt Albea Krapski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-836 CATEGOR~ DEPARTMEN~ Ratify Fishers Island Reso. Fishers Island Ferry District FIFD Financial System Update 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 15,2011 approving the time line for the financial system update as proposed by Randy Wyrofsky. Vote Record - ReSOlution RES-20ti-836 [] Adopted [] Adopted as Amended [] Defeated y~s/~ N~)~NBy ~bs~!~ Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vi~ent 6;l~do hritiaior [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Krapski Jr. Seconder [] [] [] [] [] Rescinded Louisa P. Evans Vote~ [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-837 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Memorandum of Agreement Between the Town of Southold and the CSEA Dated December 2, 2011 Page 35 December 6, 2011 Southold Town Board Meeting Minutes. RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the Memorandum of Agreement between the Town of Southold and the CSEA dated December 2~ 2011, concerning the settlement of Grievance No. 2010-001. Vote Record - ReSOlutiOn RES-20il;837 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Rulm~d 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 [] : [2 [2 [2 [3 Supt Hgwys Appt [3 No Action Comments regarding resolution 838 BENJA SCHWARTZ: Supervisor Russell, a point of order please, ifI may? I was unable to enter the room with the crowd that was in here was exiting at the time that you started the meeting. By the time I got in here, you had already proceeded past the point which we usually have public comment on the resolutions. I would like to comment if I may, on this next resolution before it is passed, before it is voted on. SUPERVISOR RUSSELL: Sure, but you were well within the room when the police officers were outside. You stopped and talked to ChiefFlatley and I gave, I think, more than ample amount of time for people .... MR. SCHWARTZ: No, there was a rash of people going out. I had to fight my way in. SUPERVISOR RUSSELL: You were standing right there. COUNCILMAN RULAND: Let's hear the man out and keep moving. SUPERVISOR RUSSELL: Okay. MR. SCHWARTZ: Fight my way in. First of all, I don't see any dollar amount for the contract and it is my opinion that the dollar amount has not been settled although I know there was a discussion of the same, I think it should be in the resolution. If you are voting to authorize signing the contract, the most basic essential term of a contract is how much it costs. The Suffolk Times reporting on the Town Board meeting two weeks ago it was reported that an internal town committee vetted 12 companies that bid on the contract. Well, I think it was Supervisor Russell that mentioned something about 12 bids being received but only six bids were publicly disclosed. I believe there is a slight exaggeration there. There were only six bids. The Suffolk Times report continued that CivicPlus websites have many modem conveniences including ability to stream live video, mobile phone apps and social media integration and as you know, you were here this morning, there was a discussion they may be lacking the ability to post the meeting minutes, so their ability to stream live video, we are not questioning that, their ability to post the meeting minutes was questioned. I believe Town Clerk Neville had some December 6, 2011 Southold Town Board Meeting Minutes Page 36 questions about that but the Town Board didn't have any questions. The ability to view the website on mobile phones was, we were in the middle of a presentation by the IT coordinator for the town, I don't know what you are calling him now but he was interrupted, when I was allowed to ask him to continue, he never explained, he did explain, he said he did not know whether that ability would be applying to all mobile phones or only mobile phones that were able to install a specific application in order to view the website and it is my position that the town website should be accessible to everybody in the most accessible way and we should find that out. But we were told this morning that we had no answer to that yet. I think its a little, that is important. Also I think we learned that this company would not be managing the social media. We don't have to pay for facebook and twitter, that that comes free. All of this was no reason to reevaluate their service, there was two other reasons presented for awarding the contract to CivicPlus, that they design for almost 1,000 municipalities and that we would save money because we could stop paying IQ2M to present the minutes of the meetings, the video of the meetings. Right now currently we are paying $455 a meeting. That was a surprise to me. For two meetings a month, $900 something a month, $460 (inaudible). But then we heard that the, presented from the town website committee said that we might still have to continue paying that because CivicPlus might not be able to provide that, to displace that service for us. All of this is no concern. Excuse me? SUPERVISOR RUSSELL: Address the Town Board. MR. SCHWARTZ: Well, he keeps talking. It is hard to, here, so, on, from some information I had and after questions, it was apparent that the CivicPlus fully integrated agenda management system was not something that 1,000 municipalities are using and have been using for a long time, it was something that was just announced last month by the company and we don't know if a single municipality is using it or if it will work yet. And that was pretty much a quote, that we don't know if it is going to work. So with all due respect, I think that, you know, we should look into this a little more, maybe we should find out how much it costs to travel from Kansas to Southold. I still don't know if anybody from Kansas or that company has actually come to Southold Town, although at the public meeting, we were promised that we would be allowed to attend a presentation of the website. We never got that chance, there was talk about maybe the internal website committee was privy to some presentations but on questioning today, last point, on questioning today as to whether the 20,000 plus dollars that this contract is going to cost in the first year was going to entitle us to any direct personal meeting with anybody from that company, it was suggested that wasn't necessary, we could do everything by telephone, they could build the website by telephone without ever stepping foot in Southold Town. And we didn't know, I asked the question and the answer was, we don't know whether this contract, whether that $25,000 will pay for any time for someone to come here, to have a face to face meeting or conference for the development or the training. We don't know whether we will have someone come and have to pay additional monies for that. With all due respect, I think it is premature to vote on this. I didn't see this item on the agenda until the final agenda. It wasn't on the initial agenda but I guess after the meeting this morning, you put it back on the agenda, the voting on this contract. Which I think the Supervisor indicated this morning that the contract still doesn't exist. So we don't know the essential terms, I don't see how you can vote on it. You do it all the time though, according to .... December 6, 2011 Southold Town Board Meeting Minutes Page 37 COUNCILMAN KRUPSKI: Actually, just to address one of your concerns, as far as people coming from Kansas to Southold to explain the website or how it works, you know the Town came under criticism years ago because so many town employees traveled here for this seminar, here to that seminar in an effort to educate town employees on either improvements or keeping up with the various new codes and laws and it was suggested that why don't the town employees use the new intemet to gain that knowledge so we don't have to spend that expense of sending people here or sending people there, you know, it is their time, the cost, the travel, the meals, the lodging etc. So here is an example of something like a website that people can communicate electronically, to get the information through electronically. They don't have to travel physically to get that information to be trained, so I kind of agree with that, that nobody has to go to Kansas. MR SCHWARTZ: Well, I do websites for people in New Orleans and California but they are not municipal websites. To design and develop a municipal website, I believe there is a real advantage of being present in the municipality And you know what the problems are with those webinars, you, from Fishers Island, you know the difficulties of that type of communication. JUSTICE EVANS: I think it is a problem with our internet but I think the internet here works pretty well. MR. SCHWARTZ: Thank you very much. TOWN CLERK NEVILLE: Frank Mocireno of CivicPlus to get more information about that portion of it. 2011-838 CA TE GO R Y: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Execute a Service and License Agreement with Civic Plus RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Scott A. Russell to execute a Service and License Agreement with Civic Plus to provide website development, design, implementation, support, maintenance and hosting, subject to the approval of the Town Attorney. Vote Record - Resolution RES-201i-838 [] Adopted [] Adopted as Amended [] Defeated Y~/Aye N0~Nay Abstain Absent [] Tabled William Ruland Voter [] [] F1 [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr, Seconder [] 12 ~ [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] 12] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] NO Action December 6, 2011 Southold Town Board Meeting Minutes Page 38 2011-839 CA TE GO R Y: DEPARTMENT: Ratify Fishers Island Reso. Fishers Island Ferry District FIFD Hire Robert Half Finance & Accounting to Conduct Search for Manager/CEO 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 15, 2011 agreeing to hire Robert Half Finance & Accounting to conduct a search for a Manager/CEO of the Fishers Island Ferry District; accepting the terms as set out in a Letter of Agreement by and between The Fishers Island Ferry District and Robert Half Finance and Accounting/Robert Half International, dated November 2, 2011, and the fee schedule. Vote Record -Resolution RESa2011-839 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William RUland Initiator [] [] 13 [] [] Withdrawn Vincent Orlando Seconder [] [] [] [] [] Supervisor's Appt CluSstopher Talbot Voter [] [] [3 [] [] Tax Receivers Appt Albert Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-840 CA TEGOR Y: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Execute the Intermunicipal Agreement Between the Town of Southold and the Suffolk County Department of Public Works RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Intermunicipal Agreement between the Town of Southold and the Suffolk County Department of Public Works relating to reimbursement overtime costs incurred for dredging work done prior to expiration of dredge windows and any extension thereof for dredging of particular creeks within the Town of Southold, in an amount not to exceed $6,800.00 per week, subject to the approval of the Town Attorney. Vote Record -Resolution RES~201i-840 [] Adopted [] Adopted as A~nended [] Defeated yes/Aye No/Nay : Abstain Absent [] Tabled wiiii~m Ruland ~0ter [] [] [] [] [] Withdrawn Vincent Orlando Initiator [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Alber~ Krapski Jr. Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] NO Action December 6, 2011 Page 39 Southold Town Board Meeting Minutes Motion To: Motion to recess to Public Hearing RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed at 4:44 P.M. in order to hold a public hearing. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Kmpski Jr., Evans, Russell ABSENT: Christopher Talbot VI. Public Hearings PH 12/6/11 DiVello Rezone RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Krupski Jr., Evans, Russell ABSENT: Christopher Talbot Justice Evans JUSTICE EVANS: NOTICE IS HEREBY GIVEN 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 #1000-140-2- 32 from R-40 to RO" at Southold Town Hall~ 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. There has been a legal notice published in the Suffblk Times, I see the person who does the affidavit is on vacation but we have proof in here that it was published from the Suffolk Times and it has been posted on the Town Clerk's bulletin board in Town Hall. I have an affidavit here from our Town Clerk and I have correspondence from Andy Freleng, I have correspondence from the Town Planning Board from Martin Sidor, the chairman. "Thank you for the opportunity to comment on this application, the Planning Board has reviewed this change of zone request for a portion of the parcel referenced above for a residential office zoning district where currently it is in a residential 40 district. The location of this area between a commercial district and a low density residential district fits the purpose of this proposed new zoning designation which is described in Southold Town code section 280-37 as follows: the purpose of the residential office district is to provide a transition area between business areas and low density residential development along major roads that provide opportunity for limited non- residential uses and essentially residential areas while strongly encouraging the adaptive reuse of existing older residences to preserve the existing visual character of the town and to achieve the goals of well planned, environmentally sensitive balanced development which the town has determined to be desirable. The surrounding zoning includes residential office immediately to December 6, 2011 Page 40 Southold Town Board Meeting Minutes the north and on the west side is light industrial commercial zone. The south of the area is R-40 district zoning and across the street to the east is R-80 zoning, both of which are low density residential zoning districts. Changing the zone of this small area will provide a transition from the adjacent light industrial zone to the low density low residential zones adjacent across the street." And then we also have correspondence from Andrew Freleng, the chief planner from the county, "Pursuant to the requirements of section A14-14 to A14-25 of the Suffolk County administrative code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant county-wide or inter-community impact. A decision of local determination should not be construed as either an approval or a disapproval" And then we also have correspondence from Mark Terry, the LWRP coordinator, "The proposed local law has been reviewed to Chapter 268 Waterfront Consistency Review of the Town of Southold town code and the Local Waterfront Revitalization Program, the LWRP policy standards. Based upon the information provided to this department as well as the records available to me, it is my recommendation that the proposed action is consistent with the LWRP policy standard and therefore is consistent with the LWRP, specifically policy one which states: foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location and minimizes adverse effect of development. The proposed action is not in a significant material conflict with a community's current plans or goals. The change of zone to residential office R-O will establish a low intensity residential commercial use transitional area between an existing low intensity (light industrial) commercial district (LI) and a low density residential district, R-80. The change further supports the purpose of the proposed new zoning designation R-O which is described in Southold Town code section 280-37 as follows: "The purpose of the residential office district is to provide a transition area between business areas and Iow density residential development along major roads which provide opportunity for limited nonresidential uses and essentially residential areas while strongly encouraging the adaptive reuse of existing older residences, to preserve the existing visual character of the town and to achieve the goals of well- planned, environmentally sensitive, balanced development which the town has determined to be desirable." Residential office zoning occurs immediately to the north and this change would continue the RO zoning district to the south. To the west the zoning is light industrial, a commercial zone. To the south of the area is R-40 zoning district and across the street to the east is R-80 district zoning, both of which are residential zoning districts. The zone change is not expected to have a significant impact on growth and community. Pursuant to chapter 268, the Town Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action." And then we have the Short Environmental Assessment Form, the negative declaration and it is an unlisted action and I think that is it. Supervisor Russell SUPERVISOR RUSSELL: Would anybody like to comment on this local law? (No response) 7:35PM 12/6/11 - PH Solar Energy Fast Track Permit RESULT: CLOSED [UNANIMOUS1 MOVER: Louisa P. Evans, Justice SECONDER: William Ruland, Councilman AYES: Ruland, Orlando, Kmpski Jr., Evans, Russell December 6, 2011 Page 41 Southold Town Board Meeting Minutes ABSENT: Christopher Talbot Councilman Krupski COUNCILMAN KRUPSKI: NOTICE IS HEREBY GIVEN, 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 NOTICE IS HEREBY FURTHER GIVEN 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. December 6, 2011 Page 42 Southold Town Board Meeting Minutes STANDARD INSTALLATION - Those installations that meet the following criteria, and any subsequent amendment thereto: (1) Are not subiect to architectural review or review by the Architectural Review Board or Landmark Preservation Commission; (2) Are proposed for installation on a roof with a single layer of roof covering; (3) Are to be flush-mounted parallel to the roof surface and no more than 6" (4) (5) (6) (7) above the surface; Have an 18" clearing at the roof ridge and an 18" clearing path to the ridge; 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); Be installed by LIPA authorized contractors; 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 UL 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 OG-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: (2) 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 bearing the signature and original seal of a licensed professional engineer or architect and accompanied by an affidavit stating December 6, 2011 Southold Town Board Meeting Minutes Page 43 that the plans and specifications comply with the Uniform Code and Energy Code, to verify that both the plans and the czng~:cti,vn installation comply with the High Wind Load requirements, the Uniform Code and Energy Code at the field inspection stage. (3) 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 proiect 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 of a 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. It was noticed by legal notice, we have proof of that in the file. Here is a letter from Southold Town Planning Board chairman, Marty Sidor "Thank you for the opportunity to provide comments on the proposed local law. The Planning Board has reviewed the proposed amendments and supports the changes." We have a letter dated November 23rd from the Suffolk County Department of Planning from Andrew P. Freleng, chief planner, "Pursuant to the requirements of A14-14 through A14-25 of the Suffolk County Administrative code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant county-wide or inter-community impact. A decision of local determination should not be construed as either an approval or disapproval." And we have a letter dated November 21 from Mark Terry, principal planner, "The proposed local law has been reviewed to chapter 268, Waterfront Consistency Review of the Town of Southold town code and the Local Waterfront Revitalization Program (LWRP) policy standards. Based upon the information provided to this department as well as the records available to me, it is my recommendation that the proposed action is December 6, 2011 Page 44 Southold Town Board Meeting Minutes consistent with the LWRP policy standards and therefore is consistent with the LWRP. Pursuant to chaptex 268, the Town Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action." We have another letter dated November 21 from Mark Terry, principal planner, "The proposed action has been reviewed to New York State Department of Environmental Conservation regulation 6NYCCRR part 617 State Environmental Quality review and it is my determination that pursuant to part 617.5C(27) the action, as proposed, is a type II action and therefore not subject to SEQRA review." TOWN CLERK NEVILLE: It was also posted on the town clerk bulletin board on the 16th and there is an affidavit in the file. COUNCILMAN KRUPSKI: Thank you. Supervisor Russell SUPERVISOR RUSSELL: I would invite anybody that would like to comment on this particular local law to please feel free. Marie? Marie Dominiei, Mattituek MARIE DOMENICI: Marie Domenici, Mattituck. Good evening everyone. First I would like to congratulate Scott and his team, Bill Ruland for getting re-elected, so congratulations to you guys and continued success. Now, as it relates to this fast track, certainly I support that but correct me if I am wrong, previously permits cost about $250 and now we are reducing it to $50, I am hard pressed to understand, I mean, I can understand streamlining the process but reducing the cost, I am not sure how that .... SUPERVISOR RUSSELL: The irony here is that that fundamentally is going to be the only real change as a result of adoption of this law. The county had put together sort of this east end planning initiative and the idea was, well, not just east end but the idea was to try to develop some consistency throughout all of the town, led by the Suffolk County Planning Commission. The idea is that the vendors, the installers are going to be dealing with the same set of rules in every town they go to. MS. DOMENICI: Right. SUPERVISOR RUSSELL: That is really what the genesis of this was. In Southold a lot of the things that law would have simply not required, we didn't require it anyway. Surveys, things like that of your roof mountings, you know. So the only real, at the end of the day, the only real benefit to this is simply the reduction of the building permit fee and the idea is to incentivize people moving in the direction of alternative and renewable energy. MS. DOMENICI: But can the town afford to do that? SUPERVISOR RUSSELL: Well, we don't get that many applications so it wasn't really a substantial cost to the town. When you look at the amount of applications we are getting for photo voltaic installations, there are not that many. Also, some could ask, can we afford not to, given the current state of global affairs. December 6, 2011 Southold Town Board Meeting Minutes Page 45 MS. DOMENICI: Because you know I worked in the renewable energy industry and delivered many a time permit requests and they were pretty substantial. I don't have a number for Southold as a whole but the number is pretty substantial. SUPERVISOR RUSSELL: Well, LIPA incentivized it by offsetting cost to the town by giving us, towns that passed it, $15,000 grants. I think that is going to more than offset the loss of revenue as a result of building permit fees. MS. DOMENICI: Okay. Alright, thank you. I have more questions but I will wait until this is done. SUPERVISOR RUSSELL: Sure. Would anybody else like to comment on this particular local law? Benja Schwartz, Cutchogue BENJA SCHWARTZ: $15,000 is it? SUPERVISOR RUSSELL: LIPA's wording is up to $15,000 so we are submitting for that. MR. SCHWARTZ: So it is a one time .... SUPERVISOR RUSSELL: Yes. MR. SCHWARTZ: From the ratepayers to the town. SUPERVISOR RUSSELL: That is exactly fight. But it might as well be the ratepayers of Southold that get it back because they are the ones that have been paying for it. MR. SCHWARTZ: So in order to get it back, we have got to put solar on our roofs. So we can save the $200. SUPERVISOR RUSSELL: Well, no, because this is revenue in town coffers and revenue in the town coffers benefits the people that live in the community. MR. SCHWARTZ: Thanks. Supervisor Russell SUPERVISOR RUSSELL: Would anybody else like to comment on this particular local law? (No response) Closing Comments Supervsior Russell SUPERVISOR RUSSELL: That would then close the business of this particular meeting. Would anyone like to comment on any issue? Please feel free. December 6, 2011 Southold Town Board Meeting Minutes Page 46 Robert Dunn, Mill Road, Peconic ROBERT DUNN: (inaudible) Mill Lane. SUPERVISOR RUSSELL: Right. MR. DUNN: I had a question. I wasn't able to be here on the 22nd and I know you did something about giving the rip rap? SUPERVISOR RUSSELL: Right. MR. DUNN: And I tried to find out and to be honest, different people have different answers. SUPERVISOR RUSSELL: What we are in the process now is we actually had gotten prices, we have selected a size which is a little bit more substantial in size than what was originally forecast. What we are trying to do right now is find an allocation in the budget for it, so that we can buy it and stockpile it at the highway yard. We are working with the town comptroller now on that. You have to remember, we just passed a budget and we didn't foresee this cost in that previous budget. But I am sure we can find the money to purchase the rip rap. That is an emergency, it is like a two phased plan. The second one is I believe Jim McMahon and the town engineer were already going to meet with the DEC to develop what would be an acceptable long term solution to fortifying that area. MR. DUNN: Okay. I had a meeting with Ed Romaine last week and I told Jim McMahon about it, he came and he spoke with Mr. Romaine there and there was a question about getting an easement .... SUPERVISOR RUSSELL: Yes, we would need .... MR. DUNN: Mr. Romaine said he would do whatever he had to, insisting that, not only that but he suggested that the town request that the county come up with part of the money because it was actually protecting county land. SUPERVISOR RUSSELL: Yes, I actually talked to Legislator Romaine about that. He has always been a great champion for the east end. The easement is something that we will be able to get easily. It is getting the DEC's cooperation and their direction which is the more paramount issue which is why we haven't discussed dollars with Ed because we still need to know .... MR. DUNN: I am just making the point that he saw that there was a reason for the county to participate in that and then when he heard about the annual dredging, he also suggested that you guys request that the county help on that, too because it is also and (inaudible) COUNCILMAN ORLANDO: Did you happen to find something on the beach? MR. DUNN: Sorry. December 6, 2011 Southold Town Board Meeting Minutes Page 47 COUNCILMAN ORLANDO: Did you happen to find something walking the beach? SUPERVISOR RUSSELL: Actually it looks like a monument. MR. DUNN: Actually it is not on the beach anymore. SUPERVISOR RUSSELL: That is a survey monument. MR. DUNN: This was the monument that last year on this date, could not be seen. It was six or eight inches below the sand. And it became, after the December storm of last year, it became about eight inches above the sand and that was in June and subsequently, the weekend before Thanksgiving it got pushed 40 feet into the Atlantic, so this is about how much is gone. There is now a huge hole where this was. So I am just trying to tell you about the urgency of this. SUPERVISOR RUSSELL: We understand that. Thank you. COUNCILMAN KRUPSKI: Mother nature doesn't wait for the town or the county or the state to act. MR. DUNN: If the town or the state or the county doesn't act, we are not only talking about Mill Lane, we are talking about the potential to actually flood back to Soundview Avenue. COUNCILMAN KRUPSKI: No, we are aware... Dennis O'Donnell DENNIS O'DONNELL: Good evening, my name is Dennis O'Dounell, I am here on behalf of the Wounded Warrior project. Forgive me, I was a few minutes late coming from Nassau County. Not knowing your rules of order or procedure, I just wanted to ask a clarifying question if I may about 2011-811 regarding close and use of town roads for the Wounded Warrior project. I thank you for considering the application, it is an important event to a lot of warriors, wounded warriors. The approval is on the condition that the applicant provide written approval from the Village of Greenport and file with the Town Clerk a $1,000,000 certificate. That is all understood. My question had to do with the timing, these notes say to be table until the 12/20/2011 meeting and I just didn't want to waste your time at that meeting considering this again. I was advised by the Village Clerk of Greenport that they are considering this and that the last week of December, so not prior to that December 20th meeting. I am not sure procedurally if that takes it off the agenda, if we don't come in with that before the 20th? SUPERVISOR RUSSELL: No, actually we are unrelated to any Village action. We just simply tabled it because some of the council members had issues with regard to the specific weekend, them was some overriding traffic issues that they wanted addressed. MR. O'DONNELL: Alright. SUPERVISOR RUSSELL: There was also I believe a discussion that for some reason one of the December 6, 2011 Southold Town Board Meeting Minutes Page 48 council members believes there might be two separate Wounded Warrior rides in 2012 and we just wanted time to reach out to you and get a better understanding. MR. O'DONNELL: Sure. So I will just wait to do that and hear from you afterwards? JUSTICE EVANS: Do you know, are those dates Labor Day weekend? MR. O'DONNELL: That is Labor Day weekend. The Saturday off SUPERVISOR RUSSELL: I think the Town Board was going to ask if you would consider a different weekend because of the obvious .... COUNCILMAN KRUPSKI: It is a safety issue. There is so much traffic on that weekend, if it is good weather that any sort of extra bike tiding, that sort of thing, could be a safety issue. MR. O'DONNELL: We would certainly consider an alternative weekend. I mean, we are tiding by your graces. Just, I did a little bit of asking around beforehand and apparently this was forwarded to Chief Flatley, who I spoke with and it is not a tacit approval but he said, I said to the Chief do you want us to avoid Labor Day weekend, he said it is not necessary this year. Not that I can testify for him but he said it is not necessary, if you start it early enough and you get the ride over with in the three hours that it usually takes, it has been done twice before. In fact, I saw him heading out tonight, he said I wouldn't have a problem that particular day. That is why we moved for that weekend. Why we asked for it. SUPERVISOR RUSSELL: Just so you understand, we just simply made a decision today to table so we could, I could reach out to you and get some of those issues on the table. MR. O'DONNELL: Great. I won't waste your time. SUPERVISOR RUSSELL: It automatically stays on the agenda, it doesn't come off the agenda when we vote to table it. It will carry over for two weeks. MR. O'DONNELL: Should I be here .... SUPERVISOR RUSSELL: And that will give me ample time to reach out to you and answer some of the questions. MR. O'DONNELL: Okay. Thank you very much. SUPERVISOR RUSSELL: Okay. Mr. Lademann. John Lademann, Cutchogue JOHN LADEMANN: John Lademann, Cutchogue. I would like to be brought up to date on what you found out from Motor Vehicle on the Satur using the unlicensed vehicles on Alvahs Lane? I had a talk with an ADA who works out of Southampton office, he researched it and said we are tight, those vehicles should not be on the road and I want to find out what the lawyer Page 49 December 6, 2011 Southold Town Board Meeting Minutes found when he called Motor Vehicle. Two weeks ago, the way we left it, that you were going to contact and find out. TOWN ATTORNEY FINNEGAN: I think i already told you that we ..... SUPERVISOR RUSSELL: Yes, we already found out from the DA and from the New York State police department, I think. The New York State police. TOWN ATTORNEY FINNEGAN: And yes, the state police .... MR. LADEMANN: They said it is legal? SUPERVISOR RUSSELL: What's that? They would view it as farm equipment and exempt it from registration. MR. LADEMANN: They are not farm equipment. We have it in writing. The ADA said it is not farm equipment, he contacted Motor Vehicle. SUPERVISOR RUSSELL: Have him call me tomorrow. Have him call me tomorrow and I will certainly listen to him, you know, we have reached out. This is the answer we are getting from his higher ups .... MR. LADEMANN: You cannot have a defense attorney telling an ADA in court that they are farm vehicles. SUPERVISOR RUSSELL: Have him reach out, I will listen to everything he has to say. Have him contact me. MR. LADEMANN: Well, why doesn't the town contact the Motor Vehicle .... SUPERVISOR RUSSELL: We actually .... MR. LADEMANN: Two weeks ago at the last meeting you were going to do it. SUPERVISOR RUSSELL: We wrote the tickets, we did that. JUSTICE EVANS: Inaudible. TOWN ATTORNEY FINNEGAN: Well, the police department has reached out to all these different agencies and has sought counsel and advice on what can be done here. The District Attorney's office has come back and written a letter to them advising them they would not be able to prosecute this. If you have another DA in Southampton, maybe he should get in touch with the DA's in Southold and communicate with them about it. There are different offices that cover this end, there is an east end office, they could coordinate that but we can only go by what they say, sir. Nothing has changed in the last two weeks since you were here on that opinion as December 6, 2011 Southold Town Board Meeting Minutes Page 50 far as we are aware. MR. LADEMANN: Three weeks ago there was another accident up there and Richie McBride, a forklift came out with about (inaudible) that high, hit the side of his track, did $4,000 damage. They backed the forklift into their property, said they didn't do it. He called the cops right away and they came up there. But $4,000 damage. Nothing is in the paper about these accidents on Alvahs Lane, I don't know why. TOWN ATTORNEY FINNEGAN: I can't answer that but my understanding is the police have issued numerous violations .... MR. LADEMANN: We got it from the DOT that it is illegal. TOWN ATTORNEY FINNEGAN: Well, the violations that are issued are pending and are going to go to court and be adjudicated by the court and we can't do anything faster than that right now. We just have to wait for the court to decide the violations. MR. LADEMANN: How come Southampton doesn't allow them on the road? I mean, how can they do that? Did you call Southampton court, this was, at the last meeting, you were going to contact them. TOWN ATTORNEY FINNEGAN: I don't recall that, sir. But I can look into it again but I know that we, Captain Kruszeski has done a lot of work to try to figure this out and see what can be done and we have talked about it in house a lot and it is not that they are looking to ignore the situation but their hands are tied if they can't get the DA to prosecute. MR. LADEMANN: I heard that they are afraid of getting sued, that is why. For issuing a violation on an unlicensed vehicle. SUPERVISOR RUSSELL: They have issued the violations. And again, those issues haven't been adjudicated in court yet. This police department has already written violations. It is due its day in court. We have, we have discussed numerous different strategies. I am sony you don't like the answer, Mr. Lademann, but this is the answer we are getting from the District Attorney that represents us all and from the New York State police department. MR. LADEMANN: How come another district attorney researched it .... SUPERVISOR RUSSELL: An ADA? Have him contact the ADA's that work in this town. They all work under the same district attorney. MR. LADEMANN: Supposedly. I mean, Southampton works under New York Motor Vehicles, also and we don't. Benja Schwartz BENJA SCHWARTZ: Good evening again. Benjamin Schwartz. Let's say it was a tractor and not a forklift. You have got tractors Al, you are allowed to drive them on the road, right? December 6, 2011 Page 51 Southold Town Board Meeting Minutes COUNCILMAN KRUPSKI: Sure. MR. SCHWARTZ: But are you allowed to drive them on the road if you have things piled up in the front of the tractor so you can't see where you are going? Because I have seen these forklifts with the driver hanging trying to see around the boxes and then he puts another person on the other side of the forklift sometimes maybe sometimes he doesn't have another person to try and see what is going on in front of them but they can't see what is going on in front of them. Now cars are licensed to drive on the road but if you block the windows and block the view of the driver, that is illegal. So it seems to me that whether it is a forklift or a tractor or whatever, it should not be legal to drive it without being able to see where you are going. COUNCILMAN KRUPSKI: That is true. JUSTICE EVANS: Inaudible. John Lademann MR. LADEMANN: Ijust wanttoaddtothat, they are working until l0:00 at nightupthere with onelittlelight on th~. Do you thinkth~,supposing somebody g~s hit, the town is going to g~ sued. SUPERVISOR RUSSELL: You are talking to someone who agrees with you. I have been agreeing with you for several years now, I took it on the chin a few years ago when the owner there complained to a former councilman who took thmn under his wing, I agree with you but I need the other agents, I need the other players to agree as well. I need for the District Attorney who has got to prosecute the violations we wrote, I need all these other people to line up and see it the same way. That's .... MR. LADEMANN: Why should we have to do the research, if you have a town attorney, why don't the town get a hold of the motor vehicle and tell them what the problem is? SUPERVISOR RUSSELL: The police department is the enforcement agent. They have researched it. They have gotten answers that you or I don't like but they are the answers we have gotten. Now, we still have violations that are out there. They will have their day in court. They will come before the judge and the judge will decide whether we are right, whether the, those who think it should be exempt are right. That is an adjudication process that hasn't taken place yet. MR. LADEMANN: Well, this ADA told me just what the DOT said. Okay? What they are considered. They are not considered farm vehicles. So I suggest that the town contact Motor Vehicles and get an answer. SUPERVISOR RUSSELL: Okay. Would anybody else like to comment on any issue? Marie? Marie Dominici MARIE DOMENICI: I have a question, I have a couple of questions actually. In the planning December 6, 2011 Southold Town Board Meeting Minutes Page 52 of your budget, the town budget, do you still or maybe you don't, I don't want to accuse but let me put it out there and you can tell me, use the budget line or lose the budget line? Do we have that mindset? SUPERVISOR RUSSELL: No, that is not at all how the process works. I know the mindset that if you give someone $5,000 and if they don't allocate or use that $5,000 we take it away from them, no we don't. We do use zero line budgeting but we do not punish people for showing restraint during the course of the year. MS. DOMENICI: Right, okay, because that, I mean, if I were managing a budget line of $100,000 and I only spent $50, I wouldn't have to want to waste the other $50 to get that $100,000 budget line again. SUPERVISOR RUSSELL: They wouldn't have the unilateral authority to go out and spend that $50 anyway, in other words, to just hmTy up and spend it so it looks like they are using it. Those allocations come before the Town Board through a warrant, they come through resolutions, so it is not like, we not only scrutinize the budget that we give them to operate at the beginning of the year, we scrutinize it every single day of the year... MS. DOMENICI: Okay. SUPERVISOR RUSSELL: With that oversight. So we are certainly attuned to the fact that if someone is going to spend money just for the sake of spending money, I think that is not going to take place. MS. DOMENICI: Yes. Okay. COUNCILMAN ORLANDO: I understand where you are coming from, Marie. There are some agencies and some government places if you don't spend your money, you don't get that money back for next years, so you are kind of forced to spend it. MS. DOMENICI: Right. That is good to hear. SUPERVISOR RUSSELL: Budgeting isn't a once a year process, it is a 365 day a year process. MS. DOMENICI: Okay. Thank you. Scott, I had spoken to you a few weeks ago regarding the thru traffic signs that were taken down from Aldrich and the Main Road and I asked you, I did some research and the DOT said they are not going to post any signs and if at the very least the town can put up signs that say no thru trucking except for deliveries under two tons or over two tons or whatever and I proposed that to you .... SUPERVISOR RUSSELL: The DOT has expressed to me, any indication that they have given us the right to erect signs in the state right of way. MS. DOMENICI: Well, they said that. Page 53 December 6, 2011 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: If they have, then have them contact me. But they have not indicated and it certainly hasn't been past practice to give the town unilateral right to install signs in their right of way. MS. DOMENICI: I forget the gentleman's name. I have it written at home. But that is what he had said to me. SUPERVISOR RUSSELL: I know several of them, so feel free to have contact me. MS. DOMENICI: I think his name is Mike something but I will find it out and I will get back to you on that. SUPERVISOR RUSSELL: And if that is the case, they will give us that authority and I will take it right to that Transportation Commission for recommendation. MS. DOMENICI: And the only reason why I am pursuing that, even though the signs are down, trackers who have been driving that route for years just, you know, rotely do the same procedure driving down, stop, go down Aldrich when they could really go straight through and not impose all the people and traffic and all of that in those residential communities. My community personally is not affected but you know, Aldrich Lane is the periphery and you know, I am sure the people of Aldrich Lane would, you know, prefer not to have all those trucks going down there if they don't have to go down there. SUPERVISOR RUSSELL: Well, the signs would have to be, I have to presume, of a suggestive nature. We can't make anybody stay on the Main Road. MS. DOMENICI: Well, basically what it, what we could post, it said on the comer of Franklinville right there and on Aldrich would be no thru tracking. Except for deliveries. SUPERVISOR RUSSELL: I think that sounds like a dictum that we don't have the authority to make. You could say .... COUNCILMAN KRUPSKI: It is shorter to Mattituck this way. MS. DOMENICI: Shortest distance between two points. SUPERVISOR RUSSELL: You know, track route with an arrow, keeping the direction going forward on Route 25 but I don't think we can say no track traffic on Aldrich. I think that is a dictum we don't have the authority under state law. MS. DOMENICI: Well, that is what he... COUNCILMAN RULAND: We could put a weight limit, Scott. December 6, 2011 Page 54 Southold Town Board Meeting Minutes MS. DOMENICI: Yeah, you could put a weight limit. COUNCILMAN RULAND: Just like the Town of Riverhead has done around the hamlet. I mean, there are only certain, especially the cross streets between 25 and the North, there are only certain ones that allow thru trucking. SUPERVISOR RUSSELL: That is good to know. MS. DOMENICI: So, can we do it? Or do you still need to .... SUPERVISOR RUSSELL: I would certainly, if that is an option that we have, first of all, please have that gentleman contact me. MS. DOMENICI: Okay. SUPERVISOR RUSSELL: And I will take that fight to the Transportation Commission. MS. DOMENICI: Okay. My next question is, in resolution 819, there was a reference to program aid, can you get into a little more detail? What is that? SUPERVISOR RUSSELL: Sure let me just find it. JUSTICE EVANS: Isn't that the one that was like an intern? MS. DOMENICI: it was for what department? COUNCILMAN KRUPSKI: Accounting. SUPERVISOR RUSSELL: No, this is for Karen McLaughlin. JUSTICE EVANS: Landmark preservation. SUPERVISOR RUSSELL: Oh, I am sorry. This is why we are confused. We have been trying to establish an intern for the Landmarks Preservation Commission for a couple of years now. The Department of Civil Service just gave us, we have to submit a duty statement to the Department of Civil Service, they gave us the title, so we were able to out now and advertise and try to fill that position. But it is a part-timer who will be working with the Landmarks Preservation Commission, we have a list of historic properties in this town called the SPLIA list, it's about 1200 properties. The idea is to have this intern help them to re-inventory that list, to see what is still standing, what is not. Not all of those properties are under the statutory protection of our Landmarks Preservation law. Only the ones that have been enrolled in certain registrars, like the federal or state registrar are. Most of them are not. So what happens is, that committee doesn't know what is taking place with the inventory. The idea with this inventory would be to help them visit these 1,200 properties and give them an indication of what state of repair or disrepair that those structures are in. December 6, 2011 Page 55 Southold Town Board Meeting Minutes MS. DOMENICI: Okay, thank you. And my last question is resolution 837, it was a resolution to a grievance, so my question is, is there a cost associated to the town because of this grievance or maybe I am not at liberty to know what the grievance is but you know, as a tax payer I would like to know what cost is associated with that. SUPERVISOR RUSSELL: The cost isn't in dollars, it is in comp time. I believe that settlement was for comp time. MS. DOMENICI: Okay. SUPERVISOR RUSSELL: And settlement of three or four parties. But there will be no dollar amount assigned to that, they will simply be awarded comp time that they had been denied previously. MS. DOMENICI: Okay, so is it comp time due them or .... SUPERVISOR RUSSELL: They will take it in time off. MS. DOMENICI: Right. SUPERVISOR RUSSELL: In other words they don't get paid .... MS. DOMENICI: No, I understand. Well, they get paid for the comp time they are taking, fight? SUPERVISOR RUSSELL: No, it just means that they will take a day offand not have it count against, you know, you have a certain amount of days off. MS. DOMENICI: Right. No, I understand that but I mean, that would be a paid time off anyway, correct? SUPERVISOR RUSSELL: Well, they are salaried employees, yes. MS. DOMENICI: Right. Okay. Thank you very much for the information. Have a nice evening. Supervisor Russell SUPERVISOR RUSSELL: Sure. Okay. before the Town Board? (No response) Would anybody else like to comment on any issue Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 8:40 P.M. December 6, 2011 Page 56 Southold Town Board Meeting Minutes RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: ABSENT: Southold Town Clerk Ruland, Orlando, Krupski Jr., Evans, Russell Christopher Talbot