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HomeMy WebLinkAboutAG-01/29/2013ELIZABETH 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.southoldtownny.gov FINAL AGENDA SOUTHOLD TOWN BOARD January 29, 2013 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: www. southoldtownn¥.gov 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 January 29, 2013 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Present Absent Late Arrived Councilman William Ruland [] [] [] Councilman Christopher Talbot [] [] [] Councilwoman Jill Doherty [] [] [] Councilman Albert Krupski Jr. [] [] [] Justice Louisa P. Evans [] [] [] Southold Town Meeting Agenda - January 29, 2013 Page 2 [ Supervisor Scott Russell [] [] [] I I. REPORTS 1. Island Group - Employee Health Care Plan 1/1/12 - 12/31/12 Claims 2. Department of Solid Waste Monthly Reports November 2012 December 2012 3. North Fork Animal Welfare League Financial Statements: December 31, 2012 & 2011 II. PUBLIC NOTICES 1. NYS DOT - Proposed Work on NY Route 25 from CR 58 to Tuckers Lane 2. NYS DEC Notice of Complete Application New Suffolk Waterfront Fund Inc: First Street Marina, 650 First St.. New Suffolk to subdivide a 169,000 sq ft parcel into 2 lots. Lot 1 to be combined with existing adjacent lotto form a new, larger parcel. A lean-to, gravel parking area and nature preserve area are proposed for the new combined lot. No construction is proposed for the 2nd lot. Comment period: No later than 2/14/13 III. COMMUNICATIONS IV. DISCUSSION 1. 9:00 A. M. - Laura Klahre Proposed boardwalk on Main Trail at Arshamomaque Pond Preserve 2. 9:15 A. M. - Laura Klahre Renaming of Arshamomaque Pond Preserve 3. 9:30 A. M. - Lloyd Reisenberg Southold Town Internet Service on Fishers Island per Justice Louisa Evans 4. 9:45 A.M. - Jim McMahon, Jeff Standish, Jamie Richter, Michael Collins and Lloyd Reisenberg 2013 Beach and Road End Restoration Projects 5. 10:00 A.M. - Lloyd Reisenberg Long -Term Recovery Executive Briefings for Town and Village Elected Officials 6. 10:15 A.M. - Jim McMahon, Jeff Standish and Tim Abrams Agreement with F I Utility Co. and Repair of Street Lights, per Justice Louisa Evans Southold Town Meeting Agenda - January 29, 2013 Page 3 o o 10. 11. 12. 13. 14. 15. 16. 17. Consider Resolution to Support NYS Assembly Foreclosure BiBs Permit & Tipping Fee Waivers from Superstorm Sandy (Building, Trustees & Landfill) (Currently Expire 2/1/13) Geothermal Heat Systems, Per Councilman Christopher Talbot Code Enforcement - Update on Joint Meeting Small Wind Turbines and Growing Complaints on Noise and Vibration - How to Qualify and Rectify Consider Adoption of Employee Confidentiality Policy LL/Dogs on Beaches (PH This Afternoon) LL/LIO & LI (PH This Afternoon) Executive Session - Labor Matters involving employment of particular person(s) Update on CSEA Negotiations Executive Session - Litigation Lewis Edson v. Southold Town Zoning Board of Appeals Village of Greenport, et al. v. Town of Southold, et al. Town of Southold v. Rose's Vineyard, LLC and Joseph Paul Winery, Inc d/b/a Vineyard 48 Long Island Sound Dredge Spoil Sites SPECIAL PRESENTATION Proclamation James McMahon MINUTES APPROVAL RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, December 18, 2012 RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Wednesday, January 02, 2013 RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Wednesday, January 02, 2013 V. RESOLUTIONS 2013-87 CA TEGORY: Audit DEPARTMENT: Town Clerk Southold Town Meeting Agenda - January 29, 2013 Page 4 Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated January 29~ 2013. Vote Re'cord 'Resolution RES 2013 87 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] With&'awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hg~vys Appt Scott Russell [] [] [] [] [] No Action 2013-88 CATEGORY: DEPARTMENT: Set Meeting Town Clerk Set Next Regular Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, February 12, 2013 atthe Southold Town Hall, Southold, New York at 7:30 P.M.. Vote Record Resolution RES 2013 88 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] With&'awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hg~vys Appt Scott Russell [] [] [] [] [] No Action 2013-89 ]'ctbled 1/2/2013 11:00 AM,, 1/15/2013 7:30 PM CA TEGORY: Organizational DEPARTMENT: Town Clerk Southold Town Meeting Agenda - January 29, 2013 Page 5 Appointment to the $outhold Town Planning Board Member RESOLVED that the Town Board of the Town of Southold hereby appoints a Fishers Island resident to the Southold Town Planning Board effective from January 1, 2013 through December 31, 2017. Vote Record Resolution RES 2013 89 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] WithO'awn CN'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hgwys Appt Scott Russell [] [] [] [] [] No Action 2013-90 Tabled 1/15/2013 7:30 PM CA TEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL Re: Amendments to Chapter 111 and Chapter 275 WHEREAS, there had been presented to the Town Board of the Town of Southold, Suffolk County, New York, onthe 18th day of December, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 11 L Coastal Erosion Hazard Areas and Further Amendments to Chapter 275, Wetlands and Shoreline" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons will be given an opportunity to be heard, now therefore be it RESOLVED the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 11L Coastal Erosion Hazard Areas and Further Amendments to Chapter 275, Wetlands and Shoreline" that reads as follows: LOCAL LAW NO. 2013 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 111, Coastal Erosion Hazard Areas and Further Amendments to Chapter 275, Wetlands and Southold Town Meeting Agenda - January 29, 2013 Page 6 Shoreline". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town of Southold has the authority to administer a Coastal Erosion Management Program within its jurisdiction. One purpose of this chapter is to establish standards and procedures to protect natural protective features, expanding the definition to include wetland areas. Another purpose of this chapter is to regulate development activities in coastal areas subject to coastal flooding and erosion in order to prevent damage or destruction of natural protective features and other natural resources. Regulating how to calculate the building area with more specificity will aid in preventing unnecessary damage to the natural protective features and protect human life. A coastal erosion management permit is necessary for the installation of cable service landward of the shoreline structures, consistent to other similar services. Reference to Chapter 236, recognizes certain activities that require a coastal erosion management permit and also fall within the regulations of Stormwater Management. II. Chapter 111 of the Code of the Town of Southold is hereby amended as follows: §111-6. Def'mitions. ADMINISTRATOR -- The local officials responsible for administrating and enforcing this chapter. The Southold Town Board of Trustees is hereby designated as the "Administrator." The Administrator designates the Southold Town Police Department, Bay Constables and the Office of Code Enforcement as responsible for the enforcement of this Chapter. LIVABLE FLOOR AREA -- All spaces within the exterior walls of a dwelling unit, exclusive of garages, breezeways, unheated porches, cellars, heater rooms and approved basements having a window area of less than 10% of the square foot area of the room. Usable floor area shall include all spaces not otherwise excluded above, such as principal rooms, utility rooms, bathrooms, all closets and hallways opening directly into any rooms within the dwelling unit. MAJOR ADDITION -- An addition to a stn:cturc principal building resulting in a twenty-five- percent or greater increase in the ~un,. area c~¥cragc building footprint of the ......... principal building other than an erosion protection structure or a pier, dock or whar£ The increase will be calculated as the proposed livable floor area ~cun,. area cc¥cragc ~ ~c a,.,.c,., including any additions to the principal building prc¥icus!y constructed '_ ' '_~_'_ : managcmcn~ pcrmi~ as of the enactment date of this chapter, divided by the~ ..... w**,.~ ~. ............. ~ ~v, ~ ~ livable floor area of the ' ' '~'~"~' .... ........................ ~ ............... principal building. NATURAL PROTECTIVE FEATURE - A nearshore area, beach, blufl~ primary dune, secondary dune, wetland or marsh and their vegetation. PRINCIPAL BUILDING - A building in which is conducted the main or principal use of the lot Southold Town Meeting Agenda - January 29, 2013 Page 7 on which said building is located. UNREGULATED ACTIVITY -- Excepted activities which are not regulated by this chapter include but are not limited to elevated walkways or stairways constructed solely for pedestrian use and built by an individual property owner for the limited purposes of providing noncommercial access to the beach; docks, piers, wharves or structures built on floats, columns, open timber piles or other similar open work supports with a top surf:ace area of less than 200 square feet or which are removed in the fall of each year; normal beach grooming or cleanup; maintenance of structures when normal and customary and/or in compliance with an approved maintenance program; set up and maintenance oftemporar,/wildlife protective structures; planting vegetation and sand fencing so as to stabilize or entrap sand in primary dune and secondary dune areas in order to maintain or increase the height and width of dunes; routine agricultural operations, including cultivation or harvesting; and the implementation of practices recommended in a soil and water conservation plan as defined in § 3, Subsection (12), of the Soil and Water Conservation Districts Law; provided, however, that agricultural operations and implementation of practices will not be construed to include any activity that involves the construction or placement of a structure. WILDLIFE PROTECTIVE STRUCTURES - Structures, temporary in nature, used for the sole purpose of protecting nesting and habitat of wildlife species. §111-10. Structural hazard area. The following restrictions apply to regulated activities within structural hazard areas: A coastal erosion management permit is required for the installation of public service distribution, transmission or collection systems for gas, electricity, water or wastewater and cable service. Systems installed along the shoreline must be located landward of the shoreline structures. §111-11. Nearshore area. Clean sand or gravel of an equivalent or slightly larger grain size is the only material which may be deposited within nearshore areas., ^~.~' ,~vo.~v- ~ ..... :~: ^~ and will requires a coastal erosion management permit. §111-12. Beach area. Active bird nesting and breeding areas must not be disturbed unless such disturbance is pursuant to a specific wildlife management activity approved, in writing, by the New York State Department of Environmental Conservation. §111-14. Bluffarea. Bluff~ protect shorelands and coastal development by absorbing the often destructive energy of Southold Town Meeting Agenda - January 29, 2013 Page 8 open water. Blufi~ are a source of depositional material for beaches and other unconsolidated natural protective features. The following activities are prohibited on blufi~: (4) Disturbance of active bird nesting and breeding areas, unless such disturbance is pursuant to a specific wildlife management activity approved, in writing, by the New York State Department of Environmental Conservation. §111-25. Appealto Board of Review. The Coastal Erosion Hazard Board of Review may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination of the Administrator, including stop or cease-and-desist orders. Notice of such decision will forthwith be given to all parties in interest. The rules and procedures for filing appeals are as follows: A. Appeals may be made only by the applicant in the underlying decision. A.B~ Appeals must be filed with the Town Clerk within 30 days of the date of the adverse decision. g.C~ All appeals made to the Coastal Erosion Hazard Board of Review must be in writing on standard forms prescribed by the Board. The Board will transmit a copy to the Commissioner of the New York State Department of Environmental Conservation for his information. C~D~ All appeals must refer to the specific provisions of this chapter involved, specify the alleged errors, the interpretation thereof that is claimed to be correct and the relief which the appellant claims. § 111-27. Coastal erosion management permit. A coastal erosion management permit will be issued for regulated activities which comply with the general standards (§ 111-9), restrictions and requirements of the applicable sections of this chapter, provided that the following are adhered to: Permits will be issued by and bear the name and signature of the Administrator and will specify the: (5) Period of permit validity. If not otherwise specified, a permit will expire one year two years from the date of issuance. §111-29. Powers and duties of Administrator. The authority for administering and enforcing this chapter is hereby conferred upon the Administrator. The Administrator has the powers and duties to: Designate the Southold Town Police Department, Bay Constables, and/or the Office of Code Enforcement to enforce ............................. wolat~ons ofth~s Chapter and notice of violations t~-against property owners or to other responsible persons. Southold Town Meeting Agenda - January 29, 2013 Page 9 III. Chapter 275 of the Code of the Town of Southold is hereby amended as follows: Purpose. In order to continue to protect the natural state of the shorelines and wetlands within the Town of Southold, while balancing the rights of property owners, it is the purpose of these amendments to simplify the permit process, codify and clarify existing policies and conform certain regulations to environmentally accepted practice. § 275-4. Exceptions. The provisions of this chapter shall not require a permit for the following: (t0) Installation of new or replacement windows, roof shingles, solar panels, siding; or doors, on existin~ upland structures and second story additions that are madev...: :c ~a:^~,~ ithi th ~":'~:~ fo tp int f i ti d d .............. arcw n e ......... s o r o an exs ngan arc ma ctoan ........... v ........... structure. § 275-11. Construction and operation standards. General. The following standards are required for all operations within the jurisdiction of the Trustees: (6) Platforms. (a) Platforms associated with stairs may not be larger than gg tOO .square feet. IV. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. V. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Vote Record Resolution RES 2013 90 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] WithO'awn CN'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hg~vys Appt Scott Russell [] [] [] [] [] No Action Southold Town Meeting Agenda - January 29, 2013 Page 10 2013-91 CATEGORY: DEPARTMENT: Property Usage Public Works Collegiate Baseball 2013 Financial Impact: Use of Cochran Park Baseball Field for 2013 season subject to approval of the Town Board, scheduling of the $outhold Town Recreation Department and filing of insurance certificate. RESOLVED that the Town Board of the Town of Southold hereby ~rants permission to Hampton Collegiate Baseball to use the baseball field at Cochran Park for the 2013 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 to Town of Southold as additional insured, all in accordance with the approval of the Town Attorney. Vote Record Resolution RES 2013 91 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] WithO'awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hg~vys Appt Scott Russell [] [] [] [] [] No Action 2013-92 CATEGORY: DEPARTMENT: Public Service Town Clerk Appoint I/Villiam P. Stengel as a Temporary Marriage Officer RESOLVED the Town Board of the Town of Southold hereby appoints William P. Stengel as a Temporary Marriage Officer for the Town of S outhold, on Saturday, May 25, 2013 only, to serve at no compensation. v'VoteRecord Resolution RES 2013 92 [] Adopted Yes/Aye No/Nay Abstain Absent William Ruland [] [] [] [] Ct~'istopher Talbot [] [] [] [] [] Adopted as Amended [] Defeated [] Tabled Southold Town Meeting Agenda - January 29, 2013 Page 11 [] Withch-awn Jill Doherty [] Supe~wisor's Appt Albert Krupski Jr. [] Tax Receiver's Appt [] Rescinded Louisa P. Evans [] Town Clerk's Appt Scott Russell [] Supt Hgwys Appt [] No Action 2013-93 CATEGORY: DEPARTMENT: Budget Modification Accounting Establish Capital Budget for 2 Hybrid Automobiles Financial Impact: Provide appropiration for two hybrid Ford Fusions included in the 2013 Capital Budget WHEREAS the Town Board of the Town of Southold adopted a 2013 Capital Budget which includes a $28,000 appropriation for a Central Garage hybrid automobile and a $28,000 appropriation for a Human Services Department hybrid automobile, and WHEREAS the Town's Capital Budget process requires a resolution to formally establish Capital Budget items in the Capital Fund, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby authorizes the establishment of the foHowin~ Capital Project in the 2013 Capital Fund: Capital Project Name: Automobiles Financing Method: Transfer from the General Fund Whole Town Budget: Revenues: H. 5031.85 Int erfund Transfers Total Appropriations: H. 1640.2.300.200 H.6772.2.300.200 $56,000 $56,000 Central Garage Capital Outlay Automobiles $28,000 Programs for the Aging Capital Outlay Automobiles 28,000 Total $56,000 Vote Record Resolution RES 2013 93 [] Adopted [] Adopted as Amended Southold Town Meeting Agenda - January 29, 2013 Page 12 [] Defeated William Ruland CN'istopher Talbot [] Supe~wisor's Appt Jill Doherty [] Tax Receiver's Appt Albert Krupski Jr. [] Rescinded Louisa P. Evans [] Town Clerk's Appt [] Supt Hgwys Appt Scott Russell [] No Action 2013-94 CATEGORY: DEPARTMENT: Committee Appointment Town Clerk Committee Members RESOLVED that the Town Board of the Town of Southold hereby appoints the following members to the Committee On Health Issues And Services For The Elderly, on the recommendation of Karen McLaughlin, Chairperson: 2013 Appointees: Paul Connor, CEO Eastern Long Island Hospital Holly Rhodes-Teague, Director of the Suffolk County Office for the Aging Juliet Frodella, Director of the Senior Options and Solutions Program ELIH Jacqueline Martinez, Senior Citizens Center Manager, Town of Southold Jean DeLorme, Adult Day Care Program Supervisor, Town of Southold Phyllis Markopolous, Caseworker, Town of Southold Senior Services Lynne Richards, Developmental Disabilities Program Director Vote Record Resolution RES 2013 94 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] Withch-awn CN'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hgwys Appt Scott Russell [] [] [] [] [] No Action Southold Town Meeting Agenda - January 29, 2013 Page 13 2013-95 CATEGORY: Employment - Town DEPARTMENT: Accounting Accepts Res/gnat/on of Amy D. Maguire-Burns RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Amy D. Maguire-Bums from the position of Clerk in the Tax Receiver's Office, effective January 30, 2013. Vote Record Resolution RES 2013 95 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hgwys Appt Scott Russell [] [] [] [] [] No Action 2013-96 CATEGORY: DEPARTMENT: Budget Modification Accounting Modify 2013 Fishers Island Sewer District Budget Financial Impact: Reallocate Fishers Island Sewer District Budget RESOLVED that the Town Board of the Town of Southold hereby increases and modifies the 2013 Fishers Island Sewer District as follows: Increase Revenues: SS2.5990.00 APPROPRIATED FUND BALANCE $ 3,400 Increase Appropriations: SS2.8120.4.200.200 SS2.8120.4.200.300 SS2.8120.4.400.100 SS2.8120.4.400.200 SS2.8120.4.400.300 SS2.8120.4.600.700 ELECTRICITY PROPANE SEPTIC TANK INSPECTIONS SERVICE CONTRACTS SYSTEM MAINTENANCE/REPAIR PERMITS TOTAL $ 250 5OO 2,000 5,000 19,800 350 $ 27,900 Southold Town Meeting Agenda - January 29, 2013 Page 14 Decrease Appropriations: SS2.1440.4.000.000 ENGINEER SS2.8160.4.000.000 REFUSE & GARBAGE, C.E. TOTAL $12,000 12,500 $ 24,500 Vote Record Resolution RES 2013 96 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hg~vys Appt Scott Russell [] [] [] [] [] No Action 2013-97 CATEGORY: Employment - Town DEPARTMENT: Accounting Hire PTMinibus Driver - Gary Rempel RESOLVED that the Town Board of the Town of Southold hereby appoints Gary D. Rempel to the position of a Part-Time Mini Bus Driver for the Human Resource Center, effective February 4, 2013 at a rate of $16.93 per hour, not to exceed 17.5 hours per week. Vote Record Resolution RES 2013 97 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled ~--- [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded ~ Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hg~vys Appt Scott Russell [] [] [] [] [] No Action 2013-98 Southold Town Meeting Agenda - January 29, 2013 Page 15 CATEGORY: DEPARTMENT: Budget Modification Police Dept Budget Modification - Police Department Financial Impact: Reallocation of funds to cover overexpended budget lines m the 2012 budget. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 General Whole Town budget as follows: From: A. 3120.2.500.775 A. 3120.2.500.875 Police, Other Equipment In Car Video/Computer/RAD Police, Equipment Other Vehicle Equipment $12,000.00 $ 1,941.00 TOTAL $13,941.00 A. 3120.1.300.100 A. 3120.4.100.550 A. 3130.1.100.300 A. 3130.1.100.400 A. 3130.4.400.650 Police, Season/Temp Employees Regular Earnings Police, C.E. Flares, Oxygen, Ammunition Bay Constable, P.S. Vacation Earnings Bay Constable, P.S. Sick Earnings Bay Constable, Contracted Services Vehicle Maintenance & Repairs $13,900.00 10.00 5.00 13.00 13.00 TOTAL $13,941.00 Vote Record Resolution RES 2013 98 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland [] [] [] [] [] Defeated : [] Tabled Ct~'istopher Talbot [] [] [] [] [] Withch-awn Jill Doherty [] [] [] [] [] Supe~wisor's Appt Albert Krupski Jr. [] [] [] [] Southold Town Meeting Agenda - January 29, 2013 Page 16 [] Tax Receiver's Appt Louisa P. Evans [] Rescinded Scott Russell [] Town Clerk's Appt [] Supt Hgwys Appt [] No Action 2013-99 CATEGORY: DEPARTMENT: Budget Modification Justice Court 2012 Budget Modification - Justice Financial Impact: to cover over-expended appropriation lines RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 General Fund, Whole Town budget as follows: TO: A. 1110.1.100.100 Full Time Employees $154.00 Regular Earnings FROM: A. 1110.4.100.100 Supplies & Materials $154.00 Office Supplies/Stationary Vote Record Resolution RES 2013 99 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hgwys Appt Scott Russell [] [] [] [] [] No Action 2013-100 CATEGORY: DEPARTMENT: Budget Modification Recreation Budget Modification - Recreation Department Southold Town Meeting Agenda - January 29, 2013 Page 17 Financial ]mi)act: to cover funding for the 2013 summer concert series that was inadvertently omitted from the recreation department's budget. RESOLVED the Town Board of the Town of Southold hereby modifies the 2013 General Fund Whole Town to cover funding for the 2013 summer concert series as follows From: Youth Program Instructors A7020.4.500.420 .................. $3,900 To: Summer Concert Series A7020.4.600.400 .................. $3,900 v'VoteRecord ResolufionRES 2013 100 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] With&awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] Louisa P. Evans [] [] [] [] [] Supt Hg~vys Appt Scott Russell [] [] [] [] [] No Action 2013-101 CATEGORY: DEPARTMENT: Employment - Town Accounting Grant Fg/JIM Leave to a Town Employee WHEREAS Employee #4749 has been out of work due to non-work related condition since January 11, 2013, and WHEREAS the Town Board of the Town of Southold is required to comply with the Family Medical Leave Act (FMLA) and the Town's collective bargaining agreement with the PBA, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby grants an FMLA leave of Southold Town Meeting Agenda - January 29, 2013 Page 18 absence for up to 12 weeks to Employee #4749 effective January 11, 2013. · /VoteRecord l~esolufionRES 2013 101 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hg~vys Appt Scott Russell [] [] [] [] [] No Action 2013-102 CATEGORY: Employment - Town DEPARTMENT: Accounting Accepts the Resignation of Albert J. Krupski RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Albert J. Krupski from the position of Town Board Council Member for the Town Board effective January 23, 2013. · /VoteRecord ResolutionRES 2013 102 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled ~ [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded ~- Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hgwys Appt Scott Russell [] [] [] [] [] No Action 2013-103 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney 370 Cost Time Extension/Contract C303426 Southold Town Meeting Agenda - January 29, 2013 Page 19 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Amendment to State Assistance Contract Form between the Town of Southold and the New York State Department of Environmental Conservation in connection with a no-cost extension of time extending the term of Contract #C303426 (Peconic Bay Estuary Program) to March 31, 2014, subject to the approval of the Town Attorney. ~VoteRecord ResolufionRES 2013 103 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] WithO'awn CN'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hgwys Appt Scott Russell [] [] [] [] [] No Action 2013-104 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney IMA I/V/Greenport Fillage Records Management 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 Village of Greenport in connection with the Town's Records Management System and coordinated assessment services, subject to the approval of the Town Attorney. ffVoteRecord ResolutionRES 2013 104 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] Withdrawn CN'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hg~vys Appt Scott Russell [] [] [] [] [] No Action Southold Town Meeting Agenda - January 29, 2013 Page 20 2013-105 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney 370 Cost Time Extension/Contract C006975 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Modification Agreement Form between the Town of Southold and the New York State Department of State in connection with a no-cost extension of time extending the term of Contract #C006975 (Developing Priority Impaired Waterbody and SGA Subwatershed Management Plans) to April 20, 2014, subject to the approval of the Town Attorney. v'VoteRecord ResolutionRES 2013 105 [] Adopted [] Adopted as Panended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hg~vys Appt Scott Russell [] [] [] [] [] No Action 2013-106 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Solid Waste Management District Sandy Storm Debris WHEREAS the Town of Southold has been able to utilize capacity at the Brookhaven Landfill through arrangements made through the Suffolk County Office of Emergency Management and the Federal Emergency Management Agency (FEMA) for the disposal of debris resulting from Hurricane Sandy; and WHEREAS the Town of Southold is permitted to pass tip fee and other charges relating to such disposal directly to FEMA under the rules allowed by the federal disaster declaration issued in response to Sandy, as opposed to seeking reimbursement later; and WHEREAS a formal agreement between the Town of Southold and Town of Brookhaven is necessary to authorize Brookhaven to submit charges incurred relating to disposal of Southold Southold Town Meeting Agenda - January 29, 2013 Page 21 debris to FEMA; it is hereby RESOLVED that the Town Board of the Town of Southold authorizes and directs Supervisor Scott A. Russell to execute an intermunicipal agreement (IMA) with the Town of Brookhaven such that Brookhaven can submit Sandy debris disposal charges to FEMA on behalf of the Town of Southold, all in accordance with the approval of the Town Attorney. · /VoteRecord ResolufionRES 2013 106 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hgwys Appt Scott Russell [] [] [] [] [] No Action 2013-107 CATEGORY: DEPARTMENT: Budget Modification Public Works DPW Building & Grounds Budget Mod Financial Impact: Budget modification to cover shore'all m several budget lines RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 Building & Grounds Whole Town budget as follows: From: A. 1620.1.100.100 Regular Earnings $11,910 Total $11,910 To' A. 1620.1.100.200 Overtime Earnings $ 5,400 A. 1620.1.100.300 Vacation Earnings 4,818 A. 1620.1.100.400 Sick Earnings 248 A. 1490.1.100.100 Public Works Administration 2 A. 1620.4.600.200 Refuse Disposal 194 A. 1620.4.600.400 Travel 1,232 A. 5182.1.100.200 Overtime Earnings 16 Southold Town Meeting Agenda - January 29, 2013 Page 22 Total $ 11,910 ~VoteRecord ResolufionRES 2013 107 [] Adopted [] Adopted as Panended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] With&awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hgwys Appt Scott Russell [] [] [] [] [] No Action 2013-108 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk Grant Permission for the Event Power to Hold It's "15Th Annual Mighty North Fork Triathlon" Financial Impact: Total police Department Cost for Event $589.66 RESOLVED that the Town Board of the Town of Southold hereby ~rants permission for the Event Power to hold it's "15tb Annual Mighty North Fork Triathlon", at Cedar Beach Park, Southold, New York, on Sunday~ July 14~ 2013 using the following roads: Cedar Beach Road Jacobs Lane Harbor Light Road Dayton Road Baywater Avenue Nokomis Road Watersedge Way Paradise Point Road N. Bayview Road Windjammer Drive North Parish Drive South Harbor Minnihaha Blvd. Rambler Road Main Bayview Road Brigantine Drive Anchor Lane Pine Neck Road Hiawathas Path Longview Lane Provided: 1. They file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured; a $100 filing fee; a remuneration fee of $590.00 for traffic control; $500.00 deposit for clean-up (deposit to be returned after event upon recommendation of Chief Flatley, Southold Town Police Department); 2. Make every effort to control noise; 3. Comply with Chapter 205 of the Southold Town Code to notify neighbors in advance of event; 4. Secure permission from Suffolk County Parks, Recreation and Conservation for their use of Cedar Beach Park facility. 5. Coordinate traffic control upon notification of the adoption of this resolution with Chief Southold Town Meeting Agenda - January 29, 2013 Page 23 Flatley 6. No permanent markings be placed on town, county or state roads or property for the event; 7. Any road markings or signs for the event be removed within twenty-four (24) hours of the completion of the event. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. · /VoteRecord ResolufionRES 2013 108 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded ~-- Louisa P. Evans [] [] [] [] [] Town Clerk's Appt = [] Supt Hgwys Appt Scott Russell [] [] [] [] [] No Action 2013-109 CATEGORY: Trailer Permit DEPARTMENT: Town Attorney Set Trailer Permit Fees Effective 1/1/13 RESOLVED that the Town Board of the Town of Southold hereby sets the following fees for the Town Clerk's Office, effective January 1, 2013: Permits for trailers on land used in Agricultural production $200.00 annually · /VoteRecord ResolutionRES 2013 109 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated ~--~ William Ruland [] [] [] [] [] Tabled ~--~ [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded = Louisa P. Evans [] [] [] [] [] Town Clerk's Appt ~_ [] Supt Hg~vys Appt Scott Russell [] [] [] [] [] No Action Southold Town Meeting Agenda - January 29, 2013 Page 24 2013-110 CATEGORY: DEPARTMENT: Refund Solid Waste Management District Tip Fee Refund RESOLVED that the Town Board of the Town of Southold hereby authorizes a tip fee refund to Daniel Petrie in the amount of $51.60 for Hurricane Sandy storm debris inadvertently charged as non-storm debris on January 7, 2013. · /VoteRecord ResolutionRES 2013 110 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled ~--- [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded = Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hgwys Appt Scott Russell [] [] [] [] [] No Action 2013-111 CATEGORY: DEPARTMENT: Public Service Town Attorney Waive Building Permit Fees RESOLVED that the Town Board of the Town of Southold hereby waives Trustees' permit fees for any repairs or construction, that in the sole discretion of the Board of Trustees, are determined to be related to Superstorm Sandy, until March 1, 2013. · /VoteRecord ResolufionRES 2013 111 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended -- [] Defeated William Ruland [] [] [] [] [] Tabled Ct~'istopher Talbot [] [] [] [] [] With&-awn = Jill Doherty [] [] [] [] [] Supe~wisor's Appt Albert Krupski Jr. [] [] [] [] [] Tax Receiver's Appt = [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt ~--- [] No Action Southold Town Meeting Agenda - January 29, 2013 Page 25 2013-112 CATEGORY: DEPARTMENT: Public Service Town Attorney Waive Building Permit Fees RESOLVED that the Town Board of the Town of Southold hereby waives building permit fees for any repairs or construction, that in the sole discretion of the Building Inspector, are determined to be related to Superstorm Sandy, until March 1, 2013. v'VoteRecord ResolutionRES 2013 112 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated ~--- William Ruland [] [] [] [] [] Tabled ~--- [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded ~ Louisa P. Evans [] [] [] [] [] Town Clerk's Appt ~_. [] Supt Hg~vys Appt Scott Russell [] [] [] [] [] No Action 2013-113 CATEGORY: DEPARTMENT: Public Service Town Attomey Waive Tip Fees RESOLVED that the Town Board of the Town of Southold hereby waives tipping fees for disposal of storm related yard, household and construction/demolition debris only, until March 1, 2013. Vote Record Resolution RES 2013 113 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended -- William Ruland [] [] [] [] [] Defeated [] Tabled Ct~'istopher Talbot [] [] [] [] [] Withch-awn Jill Doherty [] [] [] [] [] Supe~wisor's Appt ~--- Albert Krupski Jr. [] [] [] [] [] Tax Receiver's Appt ~--- [] Rescinded Louisa P. Evans [] [] [] [] Southold Town Meeting Agenda - January 29, 2013 Page 26 [] Town Clerk's Appt Scott Russell [] Supt Hgwys Appt [] No Action 2013-114 CATEGORY: DEPARTMENT: Budget Modification Human Resource Center Modification of ADC Donations to DPW for Improvements~epairs to Katinka Hom'e Entry Financial Impact: Modification of donations to ADC to DPW Buildings and Grounds for needed improvements/repairs to entrance enclosure and door of Katinka House. RESOLVED that the Town Board of the Town of Southold hereby increases the 2013 General Fund Whole Town budget as follows: Revenues: A. 2705.50 Adult Day Care Donations $2,200 Appropriations: A. 1620.4.400.100 Buildings Maintenance & Repairs $2,200 ffVoteRecord ResolutionRES 2013 114 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled = [] Withdrawn CN'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded ~- Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hgwys Appt Scott Russell [] [] [] [] [] No Action 2013-115 CATEGORY: DEPARTMENT: Budget Modification Accounting Create Capital Budget for Computers, Laptop& Printers Financial Impact: Formally create project m 2013 Capital Budget for personal computers, laptops and prmters Southold Town Meeting Agenda - January 29, 2013 Page 27 WHEREAS the Town Board of the Town of Southold adopted a 2013 Capital Budget which includes a $38,000 appropriation for Personal Computers, Laptops and Printers and WHEREAS the Town's Capital Budgeting process requires a resolution to formally establish a Capital Budget item in the Capital Fund, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby authorizes the establishment of the followin~ Capital Project in the 2013 Capital Fund: Capital Proiect Name: Personal Computers Financing Method: Transfer from General Fund Whole Town Budget: Revenues: H. 5031.35 Int erfund Transfers $38,000 Appropriations: H.1680.2.600.100 Central Data Processing Capital Outlay Workstations & Printers $38,000 v'VoteRecord ResolutionRES 2013 115 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hg~vys Appt Scott Russell [] [] [] [] [] No Action 2013-116 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Agreement I/V/SC Office for Agmg/IIIC Nutrition Programs RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Consultant/Personal Services Contract between the Suffolk County Office for the Aging and the Town of Southold for the IIIC Nutrition Programs, for the period January 1, 2013 through December 31, 2013, for congregate and home delivered Southold Town Meeting Agenda - January 29, 2013 Page 28 meals for the elderly, at no cost to the Town, subject to the approval of the Town Attorney. v'VoteRecord ResolutionRES 2013 116 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hg~vys Appt Scott Russell [] [] [] [] [] No Action 2013-117 CATEGORY: DEPARTMENT: Support/Non-Support Resolution Town Attorney Support NFS Regarding Proposed Laws Concerning Contact Information for Facant Structures WHEREAS, vacant, abandoned and foreclosed homes and structures have proliferated throughout New York State over the last five years with many existing in the Town of Southold; and WHEREAS, vacant structures that are not maintained for months at a time degrade and depreciate the value of the vacant structure as well as the value of surrounding properties; and WHEREAS, lending institutions that hold mortgages on said vacant structures do not always provide the contact information of a responsible party; and WHEREAS, Assembly Bill A. 88 and Assembly Bill A.824, currently pending, would make it mandatory for lending institutions to provide contact information of responsible parties regarding vacant structures; and require good faith in obtaining a foreclosure; and WHEREAS, the Town of Southold Town Board supports the passage of said Bills. NOW THEREFORE, BE IT RESOLVED that the Town of Southold hereby supports the passage of said Bills and respectfully requests that the State Representatives who represents constituents in the Town of Southold support the passage of said Bills. Copies of this resolution to be forwarded to Senator LeValle, Assemblyman Losquadro, and Assemblyman Kearns, sponsor of these Bills. Southold Town Meeting Agenda - January 29, 2013 Page 29 Vote Record Resolution RES 2013 117 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Supt Hg~vys Appt Scott Russell [] [] [] [] [] No Action 2013-118 CATEGORY: DEPARTMENT: Public Service Town Attorney US EPA SEIS Comments for Evaluating Potential Designation of One or More Ocean Dredged Material Disposal Sites (ODMDS) RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Scott A. Russell to submit comments on behalf of the Town Board to the U.S. Environmental Protection Agency (New England Region) regarding the Notice of Intent to Prepare a Supplemental Environmental Impact Statement (SEIS) for the purpose of evaluating the potential designation of one or more Ocean Dredged Material Disposal Sites (ODMDS) to serve the Eastern Long Island Sound Region, including New York, Connecticut and Rhode Island, subject to the approval of the Town Attorney. ffVoteRecord ResolutionRES 2013 118 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hgwys Appt Scott Russell [] [] [] [] [] No Action Southold Town Meeting Agenda - January 29, 2013 Page 30 2013-119 CATEGORY: DEPARTMENT: Employment - Town Accounting Appoint James McMahon PT Land Management Specialist H RESOLVED that the Town Board of the Town of Southold hereby appoints Jan~es McMahon to the position of a Part-Time Land Management Specialist II for the Land Preservation Department, effective January 31, 2013, at a rate of $28.1540 per hour, not to exceed 17.5 hours )er week. ffVoteRecord ResolutionRES 2013 119 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled ~--- [] With&awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded ~ Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hgwys Appt Scott Russell [] [] [] [] [] No Action 2013-120 CATEGORY: Seqra DEPARTMENT: Town Attorney LL/Dogs on Beaches SEQRA RESOLVED that the Town Board of the Town of Southold hereby determines that the proposed Local Law entitled "A Local Law in Relation to Amendments to Chapter 193, Parks and Recreation Areas, in connection with Do~s or Domestic Animals on Town Recreational Areas" 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-. · /VoteRecord ResolutionRES 2013 120 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland [] [] [] [] [] Defeated ~ Ctn'istopher Talbot [] [] [] [] [] Tabled ~__ [] With&awn Jill Doherty [] [] [] [] [] Supe~wisor's Appt Albert Krupski Jr. [] [] [] [] Southold Town Meeting Agenda - January 29, 2013 Page 31 [] Tax Receiver's Appt Louisa P. Evans [] Rescinded Scott Russell [] Town Clerk's Appt [] Supt Hgwys Appt [] No Action 2013-121 CATEGORY: Seqra DEPARTMENT: Town Attorney LL/LIO & LI Use Regulations SEQRA RESOLVED that the Town Board of the Town of Southold hereby determines that the proposed Local Law entitled "A Local Law in Relation to Amendments to Chapter 280, Zoning, in connection with Use Regulations within the Light Industrial Park/Planned Office Park (LIO) District and Light Industrial (LI) District and Retail Sales" 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. v'VoteRecord ResolutionRES 2013 121 [] Adopted [] Adopted as Panended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hg*vys Appt Scott Russell [] [] [] [] [] No Action 2013-122 CATEGORY: DEPARTMENT: Enact Local Law Town Clerk Enact Chal)ter 193 Dogs WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, onthe 2nd day of January, 2013, a Local Law entitled "A Local Law in relation to Amendments to Chapter 193, Parks and Recreation Areas, in connection with Southold Town Meeting Agenda - January 29, 2013 Page 32 Dogs or Domestic Animals on Town Recreational Areas", and WHEREAS the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 193, Parks and Recreation Areas, in connection with Dogs or Domestic Animals on Town Recreational Areas" reads as follows: LOCAL LAW NO. 2013 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 193, Parks and Recreation Areas, in connection with Dogs or Domestic Animals on Town Recreational Areas". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The purpose of these Amendments is to protect the health, safety and wellbeing of residents using Town recreational areas by enacting regulations pertaining to dogs and other domestic animals on Town-owned recreational areas, beaches, children's play areas, picnic areas and athletic fields. II. Chapter 193 of the Code of the Town of Southold is hereby amended as follows: §193-3.1. Regulations concerning dogs or domestic animals. A. Prohibition. No person shall bring a dog or other domestic animal onto: 1. recreation areas, picnic areas, children's pla,/areas and/or athletic fields that are posted with signage indicating "No Dogs or Domestic Animals Allowed" or "Dogs or Domestic Animals Prohibited"; 2. bathing beaches during such times that a lifeguard is on dut,/; 3. an area that is within 50 feet of an,/recreation area that is posted for protection of piping plovers and other endangered species. Dogs or other domestic animals are permitted on all other recreational areas unless specificall,/prohibited in § 193-3.1 (A), subject to the following: 1. All dogs or domestic animals shall be under immediate supervision and control of the owner or other responsible person (the owner or responsible person has the abilit,/to leash the dog or other animal immediatel,/). 2. All dogs or domestic animals brought onto children's pla,/areas, picnic areas or athletic fields shall be leashed at all times. All dog or domestic animal waste shall be removed in accordance with §83- 28(B). Southold Town Meeting Agenda - January 29, 2013 Page 33 The Superintendent may, in his or her discretion, promulgate additional rules and regulations as necessary. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. v'VoteRecord ResolutionRES 2013 122 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hg~vys Appt Scott Russell [] [] [] [] [] No Action 2013-123 CATEGORY: DEPARTMENT: Enact Local Law Town Clerk Enact Chapter 280, LIO & L] WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 2nd day of January, 2013, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280~ Zonin~ in connection with Use Regulations within the Light Industrial Park/Planned Office Park (LIO) District and Light Industrial (LI) District and Retail Sales" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280~ Zonin~ in connection with Use Regulations within the Light Industrial Park/Planned Office Park Southold Town Meeting Agenda - January 29, 2013 Page 34 (Lie) District and Light Industrial (LI) District and Retail Sales" reads as follows: LOCAL LAW NO. 2013 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Use Regulations within the Light Industrial Park/Planned Office Park (Lie) District and Light Industrial (LI) District and Retail Sales". BE IT ENACTED by the Town Board of the Town of Southold as follows: Purpose. It is the intent and purpose of this law to allow retail sales areas within bonafide Light Industrial Park uses and Light Industrial uses to further the viability and stability of such uses in the Town of Southold if certain requirements are met. It is also the intent of this law to preserve property values and the health, safety and welfare of the community. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: ARTICLE XIV Light Industrial Park/Planned Office Park (Lie) District §280-58. Use regulations. B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, subject to site plan approval by the Planning Board: (9) Retail sale of items manui~actured, assembled, processed and produced on site, subject to the following conditions: (a)The premises is located within a designated Hamlet Locus (HALO) zone; (b) Retail floor area shall be no more than 15% of the gross floor area of the building, including all areas having public access, not to exceed 2,000 square feet. (c) Adequate on-site parking must be available for the retail sales area as determined by the Planning Board and as set forth in §280-78; (d)Resale of items produced off site is prohibited; (e) Should a site contain multiple LIO uses, such uses may utilize a single retail sales area. In such instances, the single retail floor area shall be no more than 15% of the total combined gross floor area of all such uses, including all areas having public access (not to exceed 2,000 square feet). (I)Outdoor storage and display of retail items is prohibited. ARTICLE XV Light Industrial (LI) District §280-62. Use regulations. B. Uses permitted by special exception of the Board of Appeals. The following uses are Southold Town Meeting Agenda - January 29, 2013 Page 35 permitted as a special exception by the Board of Appeals as hereinafter provided and subject to site plan approval by the Planning Board: (9) Retail sale of items manufactured, assembled, processed and produced on site, subiect to the following conditions: (a)The premises is located within a designated Hamlet Locus (HALO) zone; (b) Retail floor area shall be no more than 15% of the gross floor area of the building, including all areas having public access, not to exceed 2,000 square feet; (c) Adequate on-site parking must be available for the retail sales area as determined by the Planning Board and as set forth in §280-78; (d)Resale of items produced off site is prohibited; (e) Should a site contain multiple LI uses, such uses may utilize a single retail sales area. In such instances, the single retail floor area shall be no more than 15% of the total combined gross floor area of all such uses, including all areas having public access (not to exceed 2,000 square feet). (f) Outdoor storage and display of retail items is prohibited. 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. ~VoteRecord ResolutionRES 2013 123 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled ~ [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded ~-- Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hg~vys Appt Scott Russell [] [] [] [] [] No Action 2013-124 CATEGORY: DEPARTMENT: Property Acquisition Purchase Land Preservation Southold Town Meeting Agenda - January 29, 2013 Page 36 Mayne Open Space Property A cquisition WHEREAS, the Town Board of the Town of Southold held a public hearing on the 29th day of January, 2013 on the question of adding a parcel owned by Frederick H. Mayne to the Town's Community Preservation Fund Eligible Parcel List and for purchasing fee title to said parcel for open space purposes, pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code of the Town of Southold, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as SCTM #1000-68.-4-11 and 2732 Soundview Avenue, Peconic, New York, and is located between the southerly side of Soundview Avenue and northerly side of CR48 in Peconic in the R-80 zoning district; and WHEREAS, the open space acquisition is for fee title of 2.5075 acres, as per a survey dated January 31, 2003 by Peconic Surveyors, P.C. The purchase price is $12,537.50 (twelve thousand five hundred thirty-seven dollars and fifty cents) based on an accepted offer of $5,000.00 (five thousand dollars) per acre. The seller may claim a bargain sale; and WHEREAS, the subject property will be added to the Community Preservation Project Plan Eligible Parcel List and its purchase will be funded by the Community Preservation Fund as the purpose of the acquisition is for the preservation of open space, aquifer recharge and wetland protection. The property will remain in its undisturbed natural state; and WHEREAS, the purchase of this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) Chapter 185 (Open Space Preservation) of the Town Code of the Town of Southold; and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has determined that this action is consistent with the LWRP; and WHEREAS, as per Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5, the Land Preservation Coordinator and the Town Board have reviewed the acquisition and have determined that sanitary flow credits will not be transferred from this property; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition and recommends that the Town Board acquires the property; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase fee title to the subject property for the purpose of the preservation of open space, aquifer recharge and wetlands protection, and to allow the property to remain in its undisturbed natural state; and Southold Town Meeting Agenda - January 29, 2013 Page 37 WHEREAS, THE TOWN BOARD OF THE TOWN OF SOUTHOLD CLASSIFIES THIS ACTION AS AN UNLISTED ACTION PURSUANT TO THE SEQRA RULES AND REGULATIONS, 6NYCRR 617.1 ET. SEQ.; AND, WHEREAS, the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and, WHEREAS, the Town Board of the Town of Southold accepted the Short Environmental Form for this project that is attached hereto; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action; and, be it further RESOLVED that the subject property is hereby added to the Community Preservation Project Plan Eligible Parcel List and a copy of the plan shall be filed with the Commissioner of Environmental Conservation, the Commissioner of Agriculture and Markets, and the Commissioner of the Office of Parks, Recreation and Historic Preservation; and, be it further RESOLVED that the Town Board of the Town of Southold hereby elects to purchase fee title to property owned by Frederick H. Mayne, identified as SCTM #1000-68.-4-11. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the LWRP and the Town Board has determined that this action is consistent with the LWRP. The Town Board has reviewed the acquisition and has determined that sanitary flow credits will not be transferred from this property. v'VoteRecord ResolutionRES 2013 124 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hgwys Appt Scott Russell [] [] [] [] [] No Action VI. PUBLIC HEARINGS Motion To: Motion to recess to Public Hearing RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed in order to hold a public hearing. PH 1/29/13 ~ 4:32 PM LL Dogs on Beaches Southold Town Meeting Agenda - January 29, 2013 Page 38 Ph 1/29/13 ~ 4:34 Pm LI/Lio & Li Set P.H. Mayne Property Acquisition Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at P.M. Elizabeth A. Neville Southold Town Clerk