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HomeMy WebLinkAboutAG-12/20/2011ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631 ) 765 - 1800 www. southoldt own.northfork.net FINAL AGENDA SOUTHOLD TOWN BOARD December 20, 2011 4:30 PM POLICY: At scheduled Town Board meetings, the attending public is encouraged to briefly address the Town Board relating to agenda resolutions prior to their enactment; the public will also be given time at the conclusion of the regularly scheduled business agenda to address the Board on any given topic. ONLINE ACCESS: The Agenda is generally available the Friday before the meeting. The video of the meeting is usually available 1-2 hours after the meeting. Minutes with adopted resolutions are available 1-2 days after the meeting. A full copy of the minutes, agenda and meeting video can be viewed in one of two ways: (1) The town of Southold website: southoldtown.northfork.net Click on "Town Board On- Line"; Click Box "Yes" to be redirected to IQM2 and you will then be redirected to the Town Clerk online site. (2) www.townclerk, com Enter zip code 11971 in box on lower right hand side and "enter". On the left hand side of screen a dark blue box will pop up, you will see "Town of Southold, Long Island, NY", click on this and another box will pop up that will tell you that you are being directed to another site click on "Yes" to go into the Town Clerk site. Go to the date of the meeting and click on "Minutes Packet" this is the full copy of the resolutions. (Scroll to bottom of page for KEY to symbols). You can view the live video of the meeting by clicking on the camera symbol. All of this information is available 24/7. If you would like help navigating the site, please feel free to call my office 631-765-1800. CALL TO ORDER 4:30 PM Meeting called to order on December 20, 2011 at Meeting Hall, 53095 Route 25, Southold, NY. I. REPORTS 1. Building Department November 2011 2. Town Clerk November 2011 3. Budget Month ended November 2011 4. Special Projects Coordinator Southold Town Meeting Agenda - December 20, 2011 Page 2 November 2011 5. Trustees Monthly Report November 2011 6. Justice Louisa P. Evans November 2011 7. Justice William H. Price Jr. November 2011 8. Recreation Dept Monthly Report November 2011 9. Island Group Employee Health Care Plan 12/1/10 through 11/30/11 claims 10. Planning Board November 2011 II. PUBLIC NOTICES NYSDEC Notice of Complete Application - Latham Farms Property LP lll. COMMUNICATIONS IV. DISCUSSION 1. 9:00 A.M. - Melissa Spiro Cooper Farm AgPDD/Change of Zone 2. 9:30 A.M. - Phillip Beltz, Heather Lanza, Mark Terry Parks & Rec Chapter of Comp Plan 3. Proposed RFP for Siting of Wind Turbines 4. Shellfish Advisory Committee 5. Police Advisory Coin DWI/DUI Analysis 6. LL/Property Code - referred to Code Committee 7. EXECUTIVE SESSION - Litigation Christine & Richard A. Rivera v. Town of Southold, et. al. 8. EXECUTIVE SESSION - Labor Matters involving employment of particular person/s 9. EXECUTIVE SESSION - Property Possible Property Acquisition and Associated Cost, Discussion of which will impact negotiations MINUTES APPROVAL RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, December 06, 2011 Southold Town Meeting Agenda - December 20, 2011 Page 3 Vote Record Acceptance of Minutes for December 6, 2011 7:30 PM Yes/Aye No/Nay Abstain Absent William Ruland [] [] [] [] [] Accepted Vincent Orlando [] [] [] [] [] Accepted as Panended Ctn'istopher Talbot [] [] [] [] [] Tabled Albert Kmpski Jr. [] [] [] [] Louisa P. Evans [] [] [] [] Scott Russell [] [] [] [] RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, November 22, 2011 · / Vote Record Acceptance of Minutes for November 22, 2011 4:30 PM Yes/Aye No/Nay Abstain Absent William Ruland [] [] [] [] [] Accepted Vincent Orlando [] [] [] [] [] Accepted as Panended Ctn'istopher Talbot [] [] [] [] [] Tabled Albert Kmpski Jr. [] [] [] [] Louisa P. Evans [] [] [] [] Scott Russell [] [] [] [] V. RESOLUTIONS 2011-843 CA TEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated December 20, 2011. v'VoteRecord ResolutionRES 2011 843 [] Adopted [] Adopted as Panended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ct~'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-844 CATEGORY: DEPARTMENT: Set Meeting Town Clerk Set 2012 Organizational & Regular Meeting RESOLVED that the 2012 Organizational Town Board Meeting of the Southold Town Board be held, Tuesday, January 3, 2012 at the Southold Town Hall, Southold, New York at 11:00 A. M. and be it further Southold Town Meeting Agenda - December 20, 2011 Page 4 RESOLVED that the Regular Town Board Meeting of the Southold Town Board be held, Tuesday, January 3, 2012 atthe Southold Town Hall, Southold, New York at 4:30 P.M.. · /VoteRecord ResolutlonRES 2011 844 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-845 Tabled 12/6/2011 7:30 PM CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission for the 3Rd Annual North Fork Soldier Ride on Saturday, September 1, 2012 RESOLVED the Town Board of the Town of Southold hereby ~rants 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. · /VoteRecord ResolufionRES 2011 845 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-846 CATEGORY: DEPARTMENT: Property Usage Public Works Southold Town Meeting Agenda - December 20, 2011 Page 5 Hamptons Collegiate Baseball 2012 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Han~ptons Collegiate Baseball to use the baseball field at Cochran Park for the 2012 baseball season~ subject to scheduling by the Southold Recreation Department and the applicant filing a One Million Dollar Certificate of Insurance, with the Town Clerk, naming the Town of Southold as additional insured, all in accordance with the approval of the Town Attorney. v'VoteRecord ResolutionRES 2011 846 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&awn Vincent Orlando [] [] [] [] [] Supeiwisor's Appt Ct~'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-847 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Public Works Dredging of Goldsmith Inlet 2012 RESOLVED that the Town Board of the Town of Southold hereby authorizes Chesterfields Associates, Inc. and Latham Sand and Gravel to perform maintenance dredging work at Goldsmith Inlet, all rates set forth in the competitively awarded Suffolk County Rate Schedule for Construction Equipment Services, in connection with the dredging work, scheduled begin January 2012, at a cost not to exceed a total of $50,000, all in accordance with the Town Attorney. v'VoteRecord ResolutionRES 2011 847 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&awn Vincent Orlando [] [] [] [] [] Supeiwisor's Appt Ct~'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-848 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Public Works Southold Town Meeting Agenda - December 20, 2011 Page 6 Goldsmith Inlet Dredging 2012 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an A~reement with Chesterfields Associates~ Inc. and Latham Sand & Gravel~ in connection with the 2012 dredging of Goldsmith Inlet, in an amount not to exceed $50,000, all in accordance with the approval of the Town Attorney. · /VoteRecord ResolutionRES 2011 848 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-849 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Land Preservation PLT 2012 Preservation Planning Agmt RESOLVED that the Town Board of the Town of Southold hereby engages the professional services of the Peconic Land Trust, Incorporated to perform Conservation Planning, Acquisition, and Professional Services related to the Town's land preservation efforts, and authorizes the Supervisor to sign the agreement between the Peconic Land Trust, Incorporated and the Town of Southold, subject to review of the contract language by the Town Attorney. Compensation shall not exceed fifty-five thousand ($55,000.00) dollars. The contract term shall be from January 1, 2012 to December 31, 2012. Invoices submitted under this contract shall be a legal charge to the 2012 Community Preservation Fund budget H3.8710.2.400.100 (Land Use Consultants). · /VoteRecord ResolutionRES 2011 849 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-851 CATEGORY: DEPARTMENT: Employment - FIFD Accounting Southold Town Meeting Agenda - December 20, 2011 Page 7 Accepts Retirement of Mark Easter WHEREAS, the Town of Southold has received email notification on December 7, 2011 from the NYS Retirement System concerning the retirement of Mark B. Easter effective January 15, 2012 and has forwarded the same via email on December 7, 2011 to the Fishers Island Ferry District, and WHEREAS, the Town Board of the Town of Southold is required to approve the retirement of employees of the Fishers Island Ferry District, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby aclmowled~es the retirement of Mark B. Easter from the position of Assistant Manager of the Fishers Island Ferry District effective January 15, 2012. v'VoteRecord ResolufionRES 2011 851 [] Adopted [] Adopted as Panended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ct~'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-852 CATEGORY: DEPARTMENT: Budget Modification Public Works DPW- Heating Fuel Fiscal To cover overdrawn expense RESOLVED that the Town Board of the Town of Southold hereby modifies the 2011 General Fund Whole Town Budget - Buildin~ & Grounds budget as follows: From: A. 1620.4.200.300 Utilities Gas $6,000 To: A. 1620.4.100.250 Heating Fuel $6,000 Southold Town Meeting Agenda - December 20, 2011 Page 8 v'VoteRecord ResolufionRES 2011 852 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-853 CATEGORY: DEPARTMENT: Grants Public Works 2012 Youth Services Program RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to si~n the 2012 Southold Youth Services Pro,ram Application in the amount of $9,527 for the term January 1, 2012 through December 31, 2012, all in accordance with the approval of the Town Attorney. v'VoteRecord ResolufionRES 2011 853 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-854 CATEGORY: Budget Modification DEPARTMENT: Accounting Establish 2011 Capital Budget for Restoring Early Town Records Fiscal Impact: 2011 Capital Budget to Restore Early Town Records RESOLVED that the Town Board of the Town of Southold hereby authorizes the establishment of the followin~ Capital Prolect in the 2011 Capital Budget: Capital Project Name: Restore Early Town Records Financing Method: Transfer from General Fund Whole Town Budget: Southold Town Meeting Agenda - December 20, 2011 Page 9 Revenues: H.5031.36 Appropriations H. 1460.2.400.200 Int erfund Transfers Restore Early Town Records Records Management Capital Outlay Contracted Services Restore Early Town Records $5,500 $5,500 v'VoteRecord ResolufionRES 2011 854 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-855 CATEGORY: DEPARTMENT: Budget Modification Accounting Establish 2011 Capital Budget for Highway Diagnostic Computer Fiscal Impact: 2011 Capital Budget for Highway Diagnostic Computer RESOLVED that the Town Board of the Town of Southold hereby authorizes the establishment of the followin~ Capital Proiect in the 2011 Capital Budget: Capital Project Name: Highway Diagnostic Computer Financing M~hod: Budge: Revenues: H.5031.10 Appropri~ions H.1680.2.600.300 Transfer from Highway Fund Part Town Int erfund Transfers Highway Diagnostic Computer $4,000 Data Processing Highway Diagnostic Computer $4,000 Southold Town Meeting Agenda - December 20, 2011 Page 10 ffVoteRecord ResolutionRES 2011 855 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-856 CATEGORY: DEPARTMENT: Budget Modification Data Processing Information Technology Budget Modification Fiscal Impact: Funds ~om 2 £ T. accounts will be used to supplement a shortage in another £ 7~ account. ]'he Data, Foice and mternet account does not have enough funds to cover the remaining 2011 monthly expenses for all of the Lightpath charges this past year and for the monthly Ferizon invoices that have been charged to this account as well. RESOLVED that the Town Board ofthe Town of Southold hereby modifies the 2011 General Fund, ~Vhole Town budget as follows: From: A. 1680.4.400.353 8 MM Tape Drive Maintenance $6000 A. 1680.4.400.200 Training $2000 To: A. 1680.4.200.100 Data, Voice and Internet $8000 · /VoteRecord ResolutionRES 2011 856 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ct~'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-857 CATEGORY: DEPARTMENT: Employment - FWD Accounting Accepts Retirement of Frederick Barrett Jr. Southold Town Meeting Agenda - December 20, 2011 Page 11 WHEREAS, the Town of Southold has received email notification on December 12, 2011 from the NYS Retirement System concerning the retirement of Frederick C. Barrett Jr. effective January 31, 2012 and has forwarded the same via email on December 12, 2011 to the Fishers Island Ferry District, and WHEREAS, the Town Board of the Town of Southold is required to approve the retirement of employees of the Fishers Island Ferry District, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby aclmowled~es the retirement of Frederick C. Barrett Jr. from the position of a Purser for the Fishers Island Ferry District effective January 31, 2012. · /VoteRecord ResolufionRES 2011 857 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-858 CATEGORY: DEPARTMENT: Ratify Fishers Island Reso. Fishers Island Ferry District FI Accept Lock Quote from Harold's 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 December 6, 2011 accepting the quote from Harold's, Fishers Island, NY, in the amount of $755.00 to replace three locksets in the Fishers Island Ferry District business office and waiting room, parts and labor included. · /VoteRecord ResolufionRES 2011 858 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-859 CATEGORY: Ratify Fishers Island Reso. Southold Town Meeting Agenda - December 20, 2011 Page 12 DEPARTMENT: Fishers Island Ferry District FJFD to Purchase Paint for FJ Theater 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 December 6, 2011 agreeing to purchase up to six gallons of paint for the interior painting of the Fishers Island Theater lobby, trim, ticket booth and ceiling by Friends of the Fishers Island Theater. v'VoteRecord ResolufionRES 2011 859 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&'awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ct~'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-860 CATEGORY: DEPARTMENT: Ratify Fishers Island Reso. Fishers Island Ferry District FIFD Accept Bid of Thames Shipyard 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 December 6, 2011 accepting the bid of Thames Shipyard to furnish and deliver drydocking services for the M/V MUNNATAWKET as described in a legal notice dated October 21, 2011, for the amount of $73,670.00 base bid. v'VoteRecord ResolufionRES 2011 860 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&'awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ct~'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-861 CATEGORY: DEPARTMENT: Ratify Fishers Island Reso. Fishers Island Ferry District FIFD Provide Limited Free Service for School Teams Southold Town Meeting Agenda - December 20, 2011 Page 13 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 December 6, 2011 agreeing to the Fishers Island Union Free School District's request for the Ferry District to provide up to 12 one way free fares per visiting team and one way free fares for up to 2 coaches of that team v'VoteRecord ResolufionRES 2011 861 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-862 CATEGORY: DEPARTMENT: Authorize to Bid Public Works Authorize to Bid for DPW 2012 Truck RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the purchase of a 2012 2500 Series Truck or equal for the Department of Public Works. v'VoteRecord ResolutionRES 2011 862 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-863 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District SWMD Budget Modifications Fiscal Impact: Final 2011 budget mods for affected lines. Employee vacation is for separation payout. Southold Town Meeting Agenda - December 20, 2011 Page 14 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.8160.4.400.815 SR 8160.4.100.646 SR 8160.4.100.647 SR 8160.4.400.300 Garbage Removal & Disposal Charges $20,000 Totals $20,000 Scrap Tire Removal Maint/Supply Mechanic Truck Maint/Supply Water Truck Public Information/Printing Totals $ 2,100 500 3OO 510 $3,410 $ 23,410 To: SR 8160.4.400.810 C&D Removal $14,000 SR 8160.4.500.150 Groundwater Monitoring 6,000 SR 8160.4.400.840 Hazardous Waste Removal 1,650 SR 8160.4.100.250 Heating Fuel 1,000 SR 8160.4.100.800 Maint Facilities/Grounds 50 SR 8160.4.100.210 Propane Fuel 125 SR 8160.4.200.400 Drinking Water 85 SR 8160.1.100.300 Employee Vacation Earnings 500 Totals $23,410 v'VoteRecord ResolutionRES 2011 863 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withdrawn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt CN'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-864 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute an Agreement with Chestetfield Associates, Inc. m Connection with &e Sound View Avenue Road Shoulder Reconstruction, Rock Revetment and Shoulder Stabilization Project RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Southold Town Meeting Agenda - December 20, 2011 Page 15 Supervisor Scott A. Russell to execute an A~reement with Chesterfield Associates, Inc. in connection with the Sound View Avenue Road Shoulder Reconstruction, Rock Revetment and Shoulder Stabilization Project, in an amount not to exceed $80,000.00, subject to the approval of the Town Attorney. · /VoteRecord ResolutionRES 2011 864 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-865 CATEGORY: DEPARTMENT: Employment - Town Accounting Separate Employee # 1723 RESOLVED that the Town Board of the Town of Southold hereby separates employee # 1723 from his employment with the Southold Town Police Department pursuant to Civil Service Law Section 73, effective December 9, 2011. · /VoteRecord ResolufionRES 2011 865 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ct~'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-866 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Accounting Island Group 2012 Plan Administration Fiscal Impact: For administration of the Town's self-insured medicalplan, including a rate of $ perperson per month, up from $21. O0 per person per month from the 2011 agreement..4n increase to $22 per person per month was included m the 2012 budget. Southold Town Meeting Agenda - December 20, 2011 Page 16 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an a~reement with Island Group Administration~ Inc. for the administration of the Town of S outhold Employee Health Plan for the 2012 calendar year, said agreement subject to the approval of the Town Attorney. · /VoteRecord ResolutionRES 2011 866 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-867 CATEGORY: DEPARTMENT: Employment - FIFD Accounting Fishers Island Longevity Donald F~ Brown WHEREAS, the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their December 6, 2011 meeting increasing the wages of full-time Laborer Donald F. Brown by 3% due to 5 years longevity effective December 18, 2011, and WHEREAS the Town Board of the Town of Southold is required to approve appointments and salary adjustments of employees of the Fishers Island Ferry District, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby increases the salary of Donald F. Brown, Laborer, Fishers Island Ferry District, by 3% effective December 18, 2011. · /VoteRecord ResolutionRES 2011 867 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-868 CATEGORY: DEPARTMENT: Employment - FIFD Accounting Rate of Pay dohn E. Morgan Southold Town Meeting Agenda - December 20, 2011 Page 17 WHEREAS, the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their December 6, 2011 meeting that John E. Morgan will be paid at the rate of $20.16 per hour when working as a Deckhand and $23.03 per hour when working as a Ferry Captain and WHEREAS the Town Board of the Town of Southold is required to approve appointments and salary adjustments of employees of the Fishers Island Ferry District, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby resolves that John Morgan will be paid atthe rate of $20.16 per hour when working as a Deckhand and $23.03 per hour when working as a Ferry Captain effective December 8, 2011. v'VoteRecord ResolutionRES 2011 868 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-869 CATEGORY: DEPARTMENT: Budget Modification Town Attorney Town Board Budget Modification Fiscal ]mi)act: to pay Andrew Stype Real Estate mvoice for preparation of an Appraisal for the Old M#l Road parcel ($CTM #1000-106- 6-2) RESOLVED that the Town Board of the Town of Southold hereby modifies the 2011 General Fund Whole Town budget as follows: A. 1990.4.100.100 Unallocated Contingencies $500.00 To A. 1010.4.500.800 Appraisals $500.00 Southold Town Meeting Agenda - December 20, 2011 Page 18 v'VoteRecord ResolutionRES 2011 869 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-870 CATEGORY: DEPARTMENT: Recommendations Land Preservation AgPDD Change of Zone Cooper Farm WHEREAS the Town Board of the Town of Southold has received a Change of Zone application for the property known as SCTM #1000-106-9-2.3, owned by David Cooper Jr., Donald Cooper and Doug Cooper (Cooper Farm) from Low Density Residential R-80 to Cooper Farm Agricultural Planned Development District; and WHEREAS the property meets the Requirements for Eligibility for rezoning to AgPDD as per Section 280-173 of the Town Code; and WHEREAS the Town Board reviewed the application at a work session held on December 20, 2011, and made a preliminary determination of interest in considering the rezoning; be it therefore RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to forward the Change of Zone application for Cooper Farm (SCTM #1000- 106-9- 2.3) to the Southold Town Planning Board and the Land Preservation Committee for review and recommendation in accordance with Section 280-173 of the Town Code. v'VoteRecord ResolufionRES 2011 870 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ct~'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-871 CATEGORY: Employment - Town Southold Town Meeting Agenda - December 20, 2011 Page 19 DEPARTMENT: Accounting Appoint Part Time Clerk Typist Assessors Office RESOLVED that the Town Board of the Town of Southold hereby appoints Christine Fahrbaeh to the position of part-time Clerk Typist for the Assessors Department, effective December 22, 2011, at a rate of $13.25 per hour, not to exceed 17.5 hours per week. v'VoteRecord ResolufionRES 2011 871 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-872 CATEGORY: DEPARTMENT: Enact Local Law Town Attorney LL/DiFello Rezone Enactment WHEREAS, there was 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 to Amend the Zonin~ Map of the Town of Southold by Chan~in~ the Zonin~ Designation of a .52-acre portion of SCTM #1000-140-2-32 from R-40 to RO"; and WHEREAS, by Local Law No. 30 of 1999, the Town Board of the Town of Southold, in connection with the County Route 48 Land Use Study, rezoned a portion of a parcel fronting on Mary's Road, Mattituck, identified as SCTM #1000-140-2-32, from Light Industrial (LI) to R- 40; and WHEREAS, upon further review of the zoning in the area, the Town Board finds it appropriate to extend the adjacent Residential Office (RO) zoning to include this .52-acre portion of SCTM #1000-140-2-32; and WHEREAS, extending the RO zoning and rezoning the portion of the subject site as RO is consistent with the zoning of the adjacent area and the comprehensive plan of the Town; and WHEREAS, the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law on Tuesday, December 6, 2011 at which time all interested persons were given an opportunity to be heard; and Southold Town Meeting Agenda - December 20, 2011 Page 20 WHEREAS, the Town Board has received and reviewed all written comments, recommendations and reports submitted in this matter; and WHEREAS, the Town Board declared itself Lead Agency on December 6, 2011 and conducted a SEQRA review on the proposed zone change, and on December 6, 2011 adopted a negative declaration pursuant to SEQRA. NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled "A Local Law to Amend the Zonin~ Map of the Town of Southold by Chan~in~ the Zonin~ Designation of a .52-acre portion of SCTM #1000-140-2-32 from R-40 to RO" which reads as follows: LOCAL LAW NO. 14 of 2011 Section 1. Purpose. The Town Board of the Town of Southold has performed the necessary analyses and studies in connection with the inclusion of this .52-acre portion of SCTM #1000-140-2-32 in the RO zone and finds that this amendment to the zoning map is consistent with the Town's comprehensive plan and the zoning in the adjacent area. The purpose of this Local Law is to promote the planned orderly growth and development of the Town. Section 2. Code Amendment. Based upon the Town Board's consideration of the recommendations of the Town Planning Board, the Suffolk County Planning Commission, the SEQRA report, and the public comments taken at the public hearing and otherwise, we hereby amend the Official Zoning Map of the Town of Southold as adopted by Section 280-6 of the Town Code to extend the RO zoning district to include and incorporate the .52-acre portion of SCTM #1000-140-2-32 with frontage on Mary's Road as depicted on the attached map. The remaining portion of SCTM #1000-140- 2-32 (the 9-acre portion adjacent to SCTM #1000-140-2-30) shall continue to be zoned LI. Section 3. 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. Section 4. Effective Date. This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Southold Town Meeting Agenda - December 20, 2011 Page 21 · /VoteRecord ResolutionRES 2011 872 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-873 CATEGORY: DEPARTMENT: Litigation Town Attorney Retains Frank A. ]sler, Ese as Special Counsel m the U.S. District Court for the Eastern District of New York Action Entitled "Christine Rivera and Richard A. Rivera I~ Town of Southold, Et Al. " Under Case No. CV-11-6029. RESOLVED that the Town Board of the Town of Southold hereby retains Frank A. Isler~ Esq. as Special Counsel in the U.S. District Court for the Eastern District of New York action entitled "Christine Rivera and Richard A. Rivera v. Town of Southold, et al." under Case No. CV-11-6029. · /VoteRecord ResolutionRES 2011 873 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-874 CATEGORY: DEPARTMENT: Planning Town Attorney Ratifies andApproves the Resolution of the Planning Board Dated December 19, 2011, Relating to the Deferral of the Park and Playground and Admmistrative Fees and the Issuance of a Performance Guarantee by Western Surety Company in Connection with the Proposed Conservation Subdivision for the Estate of Antone Grigonis RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the Resolution of the Planning Board dated December 19, 2011, relating to the deferral of the Park and Playground and Administrative Fees and the issuance of a Performance Guarantee by Southold Town Meeting Agenda - December 20, 2011 Page 22 Western Surety Company in connection with the proposed Conservation Subdivision for the Estate of Antone Grigonis. · /VoteRecord ResolutlonRES 2011 874 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt CN'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-875 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor $cott A. Russell to Execute the Intermunicipal Agreement Between the Town of Sou&old and &e Suffo& County Department of Public Works Au&orizing &e Town of Sou&old to Admmister a Project to Evaluate Goldsmith Inlet and Its Watershed RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Intermunicipal A~reement between the Town of Southold and the Suffolk County Department of Public Works authorizin~ the Town of Southold to administer a project to evaluate Goldsmith Inlet and its watershed, in an amount not to exceed $85,666.00, subject to the approval of the Town Attorney. · /VoteRecord ResolufionRES 2011 875 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supeiwisor's Appt CN'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-876 CATEGORY: DEPARTMENT: Budget Modification Human Resource Center Budget Modification to Cover 2011 Increase in Gasoline and Oil Expenses. Fiscal Impact: Funds are available m PT employee earnings expenditure line to cover this increase m contractual expense. Southold Town Meeting Agenda - December 20, 2011 Page 23 RESOLVED that the Town Board of the Town of Southold hereby modifies the 2011 General Fund Whole Town Pro,rams for the A~in~ budget as follows: From: Appropriations A. 6772.1.200.100 To: Appropriations A. 6772.4.100.200 Programs for the Aging Personal Services Part Time Employees Regular Earnings Programs of the Aging Contractual Expense Supplies and Materials Gasoline and Oil $5,000 $5,000 ~VoteRecord ResolutionRES 2011 876 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] WithO'awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-877 CATEGORY: DEPARTMENT: Committee Appointment Town Attorney Establish Shellfish Advisory Committee RESOLVED that the Town Board of the Town of Southold hereby establishes a Shellfish Advisory Committee, consisting of seven (7) members, whose terms shall be for two (2) years, commencing March 1, 2012. The mission of the Committee shall be to represent Southold Town before the NYS Department of Environmental Conservation and regulatory agency(s) having responsibility and statutory authority in matters relating to the sanitary certification and water quality testing of Town-owned shellfish harvest lands. The purpose of the Committee shall be to facilitate the timely certification/recertification of Town shellfish lands with the goal of improved harvest status of Town waters. The Committee shall be advisory to the Town Board and Town Trustees but may act in an advisory capacity to other Southold Town Boards and Committees upon written request; and be it further Southold Town Meeting Agenda - December 20, 2011 Page 24 RESOLVED that the Town Clerk is hereby directed to advertise for resumes for candidates to serve on said Committee. · /VoteRecord ResolutionRES 2011 877 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjoumed at P.M. Elizabeth A~ Neville Southold Town Clerk