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HomeMy WebLinkAboutAG-02/12/2013ELIZABETH 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 February 12, 2013 7:30 PM POLICY: At scheduled Town Board meetings, the attending public is encouraged to briefly address the Town Board relating to agenda resolutions prior to their enactment; the public will also be given time at the conclusion of the regularly scheduled business agenda to address the Board on any given topic. ONLINE ACCESS: The Agenda is generally available the Friday before the meeting. The video of the meeting is usually available 1-2 hours after the meeting. Minutes with adopted resolutions are available 1-2 days after the meeting. A full copy of the minutes, agenda and meeting video can be viewed in one of two ways: (1) The town of Southold website: 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 7:30 PM Meeting called to order on February 12, 2013 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Present Absent Late Arrived Councilman William Ruland [] [] [] Councilman Christopher Talbot [] [] [] Councilwoman Jill Doherty [] [] [] Justice Louisa P. Evans [] [] [] Supervisor Scott Russell [] [] [] Southold Town Meeting Agenda - February 12, 2013 Page 2 I. REPORTS 1. Justice Rudolph H. Bruer January 2013 2. Implementation of Local Waterfront Revitalization Program 2012 year end 3. Land Tracking Fourth quarter 2012 4. Zoning Board of Appeals January 2013 5. Special Projects Coordinator January 2013 6. Town Clerk Monthly Report January 2013 7. North Fork Animal Welfare League Quarterly Performance Report; quarter ending 12/31/12 8. Justice William H. Price Jr. January 2013 9. Justice Louisa P. Evans January 2013 o II. PUBLIC NOTICES NYS Liquor Authority - New Liquor License Application 56125 Main Road, Southold NY 11971 Applicant: Daniele Cacioppo or Corp to be formed Suffolk County Aquaculture Lease Board Meetings Shellfish Aquaculture Lease Program in Peconic Bay and Gardiners Bay. 2 Meetings for review and comment: Tuesday, March 12 at 3:00 PM and Thursday, March 28 at 3:00 PM. H. Lee Dennison Bldg, Hauppauge IlL COMMUNICATIONS Southold Town Meeting Agenda - February 12, 2013 Page 3 IV. DISCUSSION 1. 9:00 A.M. Tom O'Hara - NDRF Long Term Recovery Executive Briefing with Town & Village Elected Officials 2. 9:30 A.M. - Lloyd Reisenberg Cell Phone Audit Review & Recommendations 3. 9:45 A.M. - Tom Gleason, Jeff Standish North Fork Hampton Collegiate Baseball Dug-out Proposal 4. 10:00 A.M. - Michael Collins, Town Engineer FISD Update 5. 10:15 A.M. - Heather Lanza Cell Tower Ownership Issues 6. Application for Trailer Permit 7. LL/Increase in Cold War Vets Tax Exemption (PH This Evening) 8. LL/Dogs on Beaches (To be Noticed for PH) 9. LL/Stop Sign on Bayview Road (To be Noticed for PH) 10. EXECUTIVE SESSION- Labor Matters involving employment of particular person(s) 11. EXECUTIVE SESSION- Litigation Jackson v. TOS, et al. Cashin Associates, P.C.v. TOS 12. F I Planning Board Appointment ¥. RESOLUTIONS 2013-126 CA TEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated February 12~ 2013. Southold Town Meeting Agenda - February 12, 2013 Page 4 Vote Record Resolution RES 2013 126 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&'awn Ct~'istopher Talbot [] [] [] [] [] Supeiwisor's Appt ~ [] Tax Receiver's Appt Jill Doherty [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt ~ [] No Action 2013-127 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 26, 2013 atthe Southold Town Hall, Southold, New York at 4:30 P.M.. Vote Record Resolution RES 2013 127 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&'awn Ct~'istopher Talbot [] [] [] [] [] Supeiwisor's Appt ~ [] Tax Receiver's Appt Jill Doherty [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt ~ [] No Action 2013-89 Tabled 1/2/2013 l l :OO AM,, 1/15/2013 7:30PM, 1/29/2013 4:30 PM CA TEGORY: Organizational DEPARTMENT: Town Clerk Appointment to the $outhold Town Planning Board Member RESOLVED that the Town Board of the Town of Southold hereby appoints Pierce Rafferty, Southold Town Meeting Agenda - February 12, 2013 Page 5 Fishers Island, 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 [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] WithO-awn ~ Ctn'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt ~ [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt ~-- [] No Action 2013-123 Tabled 1/29/2013 4:30 PM CA TEGORY: Enact Local Law DEPARTMENT: 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 (Lie) 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 (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: Southold Town Meeting Agenda - February 12, 2013 Page 6 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 (LIO) 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 manufactured, 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). (f)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 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, 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; Southold Town Meeting Agenda - February 12, 2013 Page 7 (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. v'VoteRecord ResolutionRES 2013 123 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&awn Ctn'istopher Talbot [] [] [] [] [] Supe~wisor's Appt [] Tax Receiver's Appt Jill Doherty [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2013-122 Tabled 1/29/2013 4:30 PM CA TEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact Chapter 193 Dogs TO BE WITHDRAWN 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 - February 12, 2013 Page 8 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: 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 play 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 duty; 3. an area that is within 50 feet of any 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 specifically 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 ability to leash the dog or other animal immediately). 2. All dogs or domestic animals brought onto children's play 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). The Superintendent may, in his or her discretion, promulgate additional roles and regulations as necessary. Southold Town Meeting Agenda - February 12, 2013 Page 9 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 [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn CN'istopher Talbot [] [] [] [] [] Supe~wisor's Appt ~ [] Tax Receiver's Appt Jill Doherty [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hg~vys Appt ~ [] No Action 2013-128 CATEGORY: Attend Seminar DEPARTMENT: Police Dept Police Department-Training Request RESOLVED that the Town Board of the Town of Southold hereby grants permission to Detective Steven Harned to attend TASER Instructor Recertification Trainin~ on Thursday, April 4, 2013 in Riverhead NY. All expenses for registration to be a legal charge to the 2013 Police Training budget line, A. 3120.4.600.200. ffVoteRecord ResolutionRES 2013 128 [] 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 Louisa P. Evans [] [] [] [] [] Rescinded Scott Russell [] [] [] [] [] Town Clerk's Appt [] Supt Hgwys Appt [] No Action Southold Town Meeting Agenda - February 12, 2013 Page 10 2013-129 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk St. Patrick's Day Parade on Saturday, March 1 O, 2012 at 2:00 PM Financial Impact: Total Department Cost for Event $ 704.82 RESOLVED that the Town Board of the Town of Southold hereby ~rants permission to The North Fork Chamber of Commerce and the Cutcho~ue Fire Department to use the followin~ route: sta~in~ on Eugene's Road and be~in at Cox Lane, west to Cases Lane, endin~ at the Vffia~e Green for its 9th Annual St. Patrick's Day parade in Cutcho~ue, on Saturday, March 9, 2013 be~innin~ at 2:00 PM, Provided: 1. They file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured 2. Contact Capt. Kruszeski upon receipt of the approval of this resolution to coordinate traffic control. 3. No permanent markings be placed on town, county or state roads or property for the event 4. Any road markings or signs for the event be removed within twenty-four (24) hours of the completion of the event. All fees shall be waived. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. v'VoteRecord ResolutionRES 2013 129 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt ~ [] Tax Receiver's Appt Jill Doherty [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt ~ [] No Action Southold Town Meeting Agenda - February 12, 2013 Page 11 2013-130 CATEGORY: DEPARTMENT: Attend Seminar Police Dept Police Department - Training Conference RESOLVED that the Town Board of the Town of Southold hereby ~rants permission to Detective Sergeant John Sinnin~ and Police Officer Roman Wilinsld to attend the 14th Annual East Coast Gan~ Investigators Association Trainin~ Conference from September 23rd-27th~ 2013 in Rehoboth~ Delaware. All expenses for registration, travel to be a legal charge to the 2013 budget line, A.3120.4.600.200. Vote Record Resolution RES 2013 130 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supeiwisor's Appt ~ [] Tax Receiver's Appt Jill Doherty [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt ~ [] No Action 2013-131 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Release Matthew Lynch from Ferry Captain RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fisher Island Ferry District adopted January 29, 2013 that releases Matthew Lynch from the position of Ferry Captain for the Fishers Island Ferry District. Vote Record Resolution RES 2013 131 [] 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 Louisa P. Evans [] [] [] [] Scott Russell [] [] [] [] [] Town Clerk's Appt [] Supt Hg~vys Appt [] No Action Southold Town Meeting Agenda - February 12, 2013 Page 12 2013-132 CATEGORY: DEPARTMENT: Budget Modification Land Preservation CPF Budget Mod Financial Impact: Budget modification ia' needed to provide ample funds for overdrawn budget line re: regular earnings. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 Community Preservation Fund (2% tax) budget as follows: From: H3.8710.2.400.100 Land Use Consultants $ 295.00 To: H3.8710.1.200.100 P/T Employee Regular Earnings $ 295.00 · /VoteRecord ResolutionRES 2013 132 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt ~-- [] Tax Receiver's Appt Jill Doherty [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt = [] No Action 2013-133 CATEGORY: DEPARTMENT: Employment - Town Justice Court Heather Gadomski as Unpaid Justice Court Intern RESOLVED the Town Board of the Town of Southold hereby appoints Heather Gadomski as an intern in the Southold Town Justice Court effective immediately, to serve in this capacity without compensation. Southold Town Meeting Agenda - February 12, 2013 Page 13 Vote Record Resolution RES 2013 133 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supeiwisor's Appt ~ [] Tax Receiver's Appt Jill Doherty [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt ~ [] No Action 2013-134 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Accounting 2012 Deferred Compensation Plan Audit RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the engagement letter between the Town of Southold and Albrecht~ Vi~iano~ Zureck & Company~ P.C. to perform an audit of the Town's Deferred Compensation Plan for the year ending December 31, 2012, in connection with the Town's annual reporting obligations under the New York State Deferred Compensation Board, at a cost not to exceed $12,750., subject to the approval of the Town Attorney, said engagement to be a legal charge to the 2013 General Fund Whole Town, Independent Auditing and Accounting appropriation (A. 1320.4.500.300). Vote Record Resolution RES 2013 134 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supeiwisor's Appt ~ [] Tax Receiver's Appt Jill Doherty [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt ~ [] No Action 2013-135 Southold Town Meeting Agenda - February 12, 2013 Page 14 CATEGORY: DEPARTMENT: Budget Modification Planning Board Budget Mod Financial Impact: correct an over-expended budget line RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 General Fund, Whole Town budget as follows: From: B 8020.4.600.200 Meetings & Seminars $1.00 To: B 8020.1.200.100 Personal Services $1.00 Part Time Regular Earnings v'VoteRecord ResolutionRES 2013 135 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn = Ctn'istopher Talbot [] [] [] [] [] Supe~wisor's Appt ~-- Jill Doherty [] [] [] [] [] Tax Receiver's Appt = [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt ~ [] No Action 2013-136 CATEGORY: DEPARTMENT: Budget Modification Solid Waste Management District $I4/2/[D Budget Mods - Fehicle Repair and HFAC Financial Impact: D Emergency replacement of office HFAC unit; 2) front end work on Ford F450 (mechanic vehicle) - required to pass inspection RESOLVED that the Town Board of the Town of Southold hereby modifies the 2013 Solid Waste Management District budget as follows: From: SR 8160.4.100.650 (Garbage Bags) SR 8160.4.100.600 (Misc. Equip. Maint/Supplies) SR 8160.4.100.525 (Payloader/Truck Tires) $ 6,500 $1,000 $1,000 Southold Town Meeting Agenda - February 12, 2013 Page 15 SR 8160.4.400.651 (Repairs/Volvo Loader) To: SR 8160.4.100.800 (Maint -Facilities/Grounds) SR 8160.4.400.695 (Repairs-Mechanic Truck) $ 500 TOTAL: $ 9,000 $ 6,500 $ 2,500 TOTAL: $ 9,000 v'VoteRecord ResolutionRES 2013 136 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt = [] Tax Receiver's Appt Jill Doherty [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt = [] No Action 2013-137 CATEGORY: DEPARTMENT: Budget Modification Building Department Budget Modification Financial Impact: Reallocation offunds to cover over expended budget lines in the 2012 budget. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 Building Department budget in the General Fund Part Town as follows: From: B.3620.1.100.100 Full Time Regular Earnings $ 659 B.3620.1.100.200 Overtime Earnings 2,000 B.3620.4.100.100 Office Supplies 189 B.3620.4.100.150 Preprinted Forms 2 B.3620.4.200.100 Cellular Phones 173 B.3620.4.400.600 Equipment Repairs 480 B.3620.4.600.200 Meetings and Seminars 2,726 B.3620.4.600.300 Travel 441 B.3620.4.600.600 Dues and Subscriptions 1,998 Totals $ 8,668 To: B.3620.1.100.400 Sick Earnings $1,844 Southold Town Meeting Agenda - February 12, 2013 Page 16 B.3620.1.200.100 Part-Time Regular Earnings Total 6,824 $ 8,668 v'VoteRecord ResolutionRES 2013 137 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn = Ctn'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt = [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt ~--- [] No Action 2013-138 CATEGORY: DEPARTMENT: Budget Modification Accounting Budget Modification for 2012 Employee Health Plan Financial Impact: Provide appropriation for additional Medicare Part D Administration related to greater than expected recovery of Medicare Part D revenues, additional appropriations for claims. RESOLVED that the Town Board of the Town of Southold hereby increases the 2012 Employee Health Plan budget as follows: Revenues: MS.2680.00 Insurance Recoveries $153,000 MS.2700.00 Medicare D Reimbursements 8,800 MS.5990.00 Appropriated Fund Balance 15,200 Total $177,000 To: MS.8686.4.000.100 Medicare D Administration MS.9060.8.000.000 Medical Benefits Total $ 2,000 175,000 $177,000 · /VoteRecord ResolufionRES 2013 138 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended [] Defeated William Ruland [] [] [] [] [] Tabled Ct~'istopher Talbot [] [] [] [] [] Withch-awn Jill Doherty [] [] [] [] [] Supe~wisor's Appt Louisa P. Evans [] [] [] [] [] Tax Receiver's Appt Southold Town Meeting Agenda - February 12, 2013 Page 17 [] Rescinded Scott Russell [] Town Clerk's Appt [] Supt Hgwys Appt [] No Action 2013-139 CATEGORY: DEPARTMENT: Budget Modification Supervisor 2012 Budget Modification - Supervisor Financial Impact: To cover over expended line items in the Town Board's budget RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 General Fund Whole Town budget, as follows: TO: A. 1010.1.200.100 Part-Time Employees Regular Earnings $344.00 (FI HRBR) FROM: A. 1010.1.100.200 Full-Time Employees-Overtime Earnings $344.00 · /VoteRecord ResolutionRES 2013 139 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&awn Ctn'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2013-140 CATEGORY: DEPARTMENT: Attend Seminar Information Technology Suffolk County I7' Directors Meeting Financial Impact: Permission to attend the quarterly Suffolk County £ T. Directors Meeting. Southold Town Meeting Agenda - February 12, 2013 Page 18 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Lloyd Reisenberg to attend an informational seminar in Brookhaven, NY, on February 20, 2013. All expenses for registration travel to be a legal charge to the 2013 budget (meetings and seminars). Vote Record Resolution RES 2013 140 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supeiwisor's Appt ~ [] Tax Receiver's Appt Jill Doherty [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt ~ [] No Action 2013-141 CATEGORY: DEPARTMENT: Attend Seminar Land Preservation NFS Farmland Protection Working Group Meeting RESOLVED that the Town Board of the Town of Southold hereby ~rants permission to Melissa Spiro~ Land Preservation Coordinator~ to attend an educational meetin~ with the NYS Farmland Protection Workin~ Group in Albanv~ New York on February 28~ 2013. All expenses for meeting attendance, including travel and lodging, to be a legal charge to the 2013 Land Preservation Department budget line A. 8710.4.600.200 (meetings & seminars). Vote Record Resolution RES 2013 141 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supeiwisor's Appt ~ [] Tax Receiver's Appt Jill Doherty [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt ~ [] No Action 2013-142 Southold Town Meeting Agenda - February 12, 2013 Page 19 CATEGORY: Employment - FWD DEPARTMENT: Accounting Appoint Deborah Doucette FT Freight Agent RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fisher Island Ferry District adopted February 4, 2013 that appointed Deborah Doucette as a full time Freight Agent. v'VoteRecord ResolutionRES 2013 142 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2013-143 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Release Richard Hoch from Freight Agent Position RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fisher Island Ferry District adopted February 4, 2013 that released Richard Hoch from his Freight Agent appointment effective close of business January 31, 2013. v'VoteRecord ResolutionRES 2013 143 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt ~ [] Tax Receiver's Appt Jill Doherty [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt ~ [] No Action Southold Town Meeting Agenda - February 12, 2013 Page 20 2013-144 CATEGORY: DEPARTMENT: Budget Modification Accounting Budget Modif ication for Interpretative $ignage Project Financial Impact: Appropriate Federal Grant for Interpretative $ignage Project with additional Town funding RESOLVED that the Town Board of the Town of Southold hereby modifies the 2013 General Fund Whole Town budget as follows: Decrease: Appropriations A. 1990.4.100.100 Increase: Revenues A. 4597.20 Appropriations A. 1010.4.600.720 Unallocated Contingencies Federal Aid TEA 21 Grant Interpretive Signage Project $ 800 $99,200 $100,000 v'VoteRecord ResolutionRES 2013 144 [] Adopted [] Adopted as Panended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn = Cta'istopher Talbot [] [] [] [] [] Supe~wisor's Appt ~- [] Tax Receiver's Appt Jill Doherty [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2013-145 CATEGORY: DEPARTMENT: Bid Acceptance Solid Waste Management District Bid on Town Garbage Bags RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Waste Zero to supply the town with yellow '~town" garbage bags at the prices submitted in their bid of January 29, 2013, all in accordance with the Town Attorney. Southold Town Meeting Agenda - February 12, 2013 Page 21 v'VoteRecord ResolutionRES 2013 145 [] Adopted [] Adopted as Panended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt ~ [] Tax Receiver's Appt Jill Doherty [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt ~ [] No Action 2013-146 CATEGORY: DEPARTMENT: Authorize to Bid Solid Waste Management District Hauling Bids RESOLVED that the Town Board of the Town of Southold hereby rejects bids opened on January 13, 2013 with respect to the hauling of C&D and recyclables from the Cutchogue Transfer Station, and authorizes and directs the Town Clerk to re-advertise for bids for same. v'VoteRecord ResolutionRES 2013 146 [] Adopted [] Adopted as Panended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn ~ Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt ~ [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt ~--- [] No Action 2013-147 CATEGORY: DEPARTMENT: Bid Acceptance Solid Waste Management District Bid on Scrap Tire Removal - Option Fear Southold Town Meeting Agenda - February 12, 2013 Page 22 RESOLVED that the Town Board of the Town of Southold hereby accepts the option year bid of S&M Tire Recycling, Inc., submitted on December 1, 2011, to supply the town with scrap tire removal services from the Cutchogue Transfer Station in the amount of $1,450.00 per trailer load, which represents no increase over S&M's 2012 price, all in accordance with the Town Attorney. Vote Record Resolution RES 2013 147 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn ~ Ctn'istopher Talbot [] [] [] [] [] Supe~wisor's Appt ~--- Jill Doherty [] [] [] [] [] Tax Receiver's Appt ~ [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2013-148 CATEGORY: DEPARTMENT: Authorize to Bid Solid Waste Management District Bid for MSW Haul & Diapose WHEREAS the contract between Winters Brothers, Inc. and the Town of Southold for the hauling and disposal of MSW received at the Cutchogue Transfer Station includes a provision for a mutual option to extend the contract for a third year starting on July 1, 2013 (option year 1); and WHEREAS the Town of Southold elected to pick up the Option while Winters Brothers, Inc. declined to do so, it is hereby RESOLVED that the Town Board of the Town of Southold authorizes and directs the Town Clerk to advertise for bids for the hauling and disposal of MSW received at the Cutchogue Transfer Station starting July 1, 2013. Vote Record Resolution RES 2013 148 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended ~--- William Ruland [] [] [] [] [] Defeated ~ [] Tabled Ct~'istopher Talbot [] [] [] [] [] Withch-awn Jill Doherty [] [] [] [] [] Supeiwisor's Appt ~ Louisa P. Evans [] [] [] [] [] Tax Receiver's Appt ~--- [] Rescinded Scott Russell [] [] [] [] Southold Town Meeting Agenda - February 12, 2013 Page 23 [] Town Clerk's Appt [] Supt Hgwys Appt [] No Action 2013-149 CATEGORY: DEPARTMENT: Bid Acceptance Accounting Ratify FIFD Resolution for North Ramp Project RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the January 7, 2013 resolution of the Commissioners of the Fishers Island Ferry District that awards the North Ferry Ramp Project contract to the lowest responsible bidder, Mattern Construction, Inc. · /VoteRecord ResolutionRES 2013 149 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn ~ Ctn'istopher Talbot [] [] [] [] [] Supe~wisor's Appt [] Tax Receiver's Appt Jill Doherty [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt ~--- [] No Action 2013-150 CATEGORY: DEPARTMENT: Employment - Town Town Clerk Superintendent of FISD RESOLVED that the Town Board of the Town of Southold hereby appoints Michael Collins to the position of Superintendent of the Fishers Island Sewer District, effective immediately, to serve with no compensation. Duties include review and approval of building sewer permits, inspection and oversight of sewer work and approval of payments for services and goods purchased by the district. Superintendent will provide the Southold Town Board with written quarterly reports regarding the operation and status of the Sewer District. Southold Town Meeting Agenda - February 12, 2013 Page 24 Vote Record Resolution RES 2013 150 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&'awn Ct~'istopher Talbot [] [] [] [] [] Supeiwisor's Appt ~ [] Tax Receiver's Appt Jill Doherty [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt ~ [] No Action 2013-151 CATEGORY: DEPARTMENT: Public Service Town Clerk Dugout Cochran Park WHEREAS, the Town Board of the Town of Southold has been offered a donation to the People of the Town of Southold by North Fork Hampton Collegiate Baseball League of a dug out; and WHEREAS, the Town Board of the Town of Southold is desirous of accepting the donation to of a dugout at Jean Cochran Park in Peconic; and WHEREAS, the donation includes all fees and expenses associated with moving, delivering and mounting said sculpture and restoration of any Town land damaged in connection with the installation; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby accepts the donation by North Fork Hampton Collegiate Baseball League and authorizes Supervisor Scott A. Russell to execute an Agreement relating to the installation, subject to the approval of the Town Attorney. v'VoteRecord ResolutionRES 2013 151 [] 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 ~ Louisa P. Evans [] [] [] [] [] Rescinded Scott Russell [] [] [] [] [] Town Clerk's Appt ~ [] Supt Hgwys Appt [] No Action Southold Town Meeting Agenda - February 12, 2013 Page 25 2013-152 CATEGORY: DEPARTMENT: Budget Modification Accounting Budget Modification for 2013 Beach/Road End Restoration Work Financial Impact: Fund beach and road end restoration work for ~pring of 2013. Possible reimbursement from FFAdA is not reflected m this modification due to the uncertainty of that funding. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2013 budget as follows: General Fund Whole Town From: A. 1990.4.100.100 Unallocated Contingencies To: A. 1620.4.400.250 Storm Damage/Beach Restoration $19,000 $19,000 Highway Fund Part Town From: DB.9730.6.000.000 B.A.N. Principal To: DB.5110.4.400.250 Storm Damage/Road Stabilization $40,000 $40,000 v'VoteRecord ResolutionRES 2013 152 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] WithO'awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt ~ [] Tax Receiver's Appt Jill Doherty [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt ~ [] No Action 2013-153 CATEGORY: DEPARTMENT: Budget Modification Accounting Southold Town Meeting Agenda - February 12, 2013 Page 26 Budget Modification for Goldsmiths Inlet Rock Revetment Financial Impact: Rescind 2012 budget modifications for Goldsmiths Inlet Rock Revetment and reappropriate in 2013. Change funding source from General Fund I4/hole Town to Highway Fund. WHEREAS on September 25, 2012, the Town Board appropriated $45,000 in the General Fund Whole Town for the installation of a rock revetment at Goldsmiths Inlet, and WHEREAS on December 4, 2012 the Town Board provided an appropriation for the rock revetment at Goldsmiths Inlet in the Capital Fund, and WHEREAS the Town Board has determined that the rock revetment at Goldsmiths Inlet should be funded by the Highway Fund, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby rescinds resolution 2012- 740 that modified the 2012 General Fund Budget to fund the Goldsmith Rock Revetment project, and be it further RESOLVED that the Town Board of the Town of Southold hereby rescinds resolution 2012- 857 that established the Goldsmith Rock Revetment project in the 2012 Capital Fund and modified the 2012 General Fund Whole Town budget to fund that pro,iect~ and be it further RESOLVED that the Town Board of the Town of Southold hereby authorizes the establishment of the followin~ Capital Proiect in the 2013 Capital Fund: Capital Project Name: Goldsmiths Rock Revetment Financing Method: Transfer from the Highway Fund Budget: and be it further Revenues: H.5031.75 Appropriations: H.5110.2.500.350 Interfund Transfers $45,000 Goldsmiths Rock Revetment $45,000 RESOLVED that the Town Board of the Town of Southold hereby modifies 2013 Highway Fund budget as follows: From: DB.9710.6.000.000 To: Serial Bond Principal $45,000 Southold Town Meeting Agenda - February 12, 2013 Page 27 DB.9901.9.000.100 Transfers to Capital Fund $45,000 · /VoteRecord ResolutionRES 2013 153 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] WithO'awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2013-154 CATEGORY: Local Law- Public Hearing DEPARTMENT: Town Attomey PH 3/12/13 @ 7:32 PM LL/Stop Sign on Bayview Road WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, onthe 12th day of February, 2013, a Local Law entitled "A Local Law in relation to Amendments to Chapter 260, Vehicles and Traffic, in connection with Traffic and Pedestrian Safety" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 12th day of March, 2013, at 7:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 260, Vehicles and Traffic, in connection with Traffic and Pedestrian Safety" reads as follows: LOCAL LAW NO. 2013 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 260, Vehicles and Traffic, in connection with Traffic and Pedestrian Safety". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The purpose of this local law is to improve safety for pedestrians and vehicles, as well as dealing with impacts to the public's health, safety and welfare by replacing the yield sign Southold Town Meeting Agenda - February 12, 2013 Page 28 with a stop sign at the intersection of Baywater Avenue and Bayview Road in Southold. II. Chapter 260 of the Code of the Town of Southold is hereby amended as follows: §260-4. Stop intersections with stop signs. At Intersection Location Stop Sign on Direction of Travel With (Hamlet) Baywater Avenue East Ba,/view Road Southold §260-6. Yield intersections. Yield Sign on Direction of Travel At Intersection Location With (Hamlet) 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. Vote Record Resolution RES 2013 154 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supeiwisor's Appt ~ [] Tax Receiver's Appt Jill Doherty [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt ~ [] No Action 2013-155 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney 1>I4 3/26/13 @ 4:32 ?g/~ LL/Dogs on Beaches WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, onthe 12th day of February, 2013, a Local Law entitled "A Local Law in Southold Town Meeting Agenda - February 12, 2013 Page 29 relation to Amendments to Chapter 83, Animals, and Chapter 193, Parks and Recreation Areas, in connection with Control of Do~s or Domestic Animals throughout the Town" now-, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 26th day of March, 2013, at 4:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 83, Animals, and Chapter 193, Parks and Recreation Areas, in connection with Control of Do~s or Domestic Animals throughout the Town" reads as follows: LOCAL LAW NO. 2013 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 83, Animals, and Chapter 193, Parks and Recreation Areas, in connection with Control of Do~s or Domestic Animals throughout the Town". BE IT ENACTED by the Town Board of the Town of Southold as follows: Purpose. The purpose of these Amendments is to protect the health, safety and wellbeing of Town residents and guests using Tc, wn recreational areas by enacting regulations pertaining to control of dogs and other domestic animals throughout the Town and on Town-owned recreational areas, beaches, children's play areas, picnic areas and athletic fields. II. Chapter 83 of the Code of the Town of Southold is hereby amended as follows: §83-6. Prohibited activities. It shall be unlawful for any person owning, harboring, in possession of or in control of any dog in the Town of Southold to permit or allow such dog to: A. Run at large elsewhere than upon the premises of the owner or custodian unless said dog shall be on a leash er accc, mpanic~ ~' ........... · 1~,+ 12 ........ c .-~ ..~'-":--, -~s ~-.~-~-~-~'~ ...... · .... ~w~,.*~^lv~ cf suck ~cg, or unless it be upon the premises of another person with the ~owledge and consent of such person. Fcr tko pu~cgc cf This prohibition attic!c, shall not apply to a dog or dogs hunting in the company witk of a hunter or hunters upon any premises where hunting is pe~issible, gka!! bc III. Chapter 193 of the Code of the Town of Southold is hereby amended as follows: §193-3.1. Re~niations concernin~ do~s or domestic animals. A. Prohibition. No person shall bring a dog or other domestic animal onto: 1. recreation areas, picnic areas, children's play areas and/or athletic fields Southold Town Meeting Agenda - February 12, 2013 Page 30 that are posted with signage indicating "No Dogs or Domestic Animals Allowed" or "Dogs or Domestic Animals Prohibited"; beaches during such times that a lifeguard is on duty; an area that is within 50 feet of any 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 specifically prohibited in § 193-3.1 (A), if leashed and under immediate supervision and control of the owner or other responsible person. For the purposes of this article, the requirement of a leash shall not apply to a dog or dogs hunting in the company of a hunter or hunters on recreational areas where hunting is permissible All dog or domestic animal waste shall be removed in accordance with §83- 18(B). The Superintendent may, in his or her discretion, deem additional recreational areas subject to prohibition for § 193-3.1 (A) as circumstances warrant. §193-9. Behavior and conduct. No person shall: A. Be present in any recreational area while under the influence of intoxicating liquor. G.B Build or attempt to build a fire except in such areas and under such regulations as may be designated by the Superintendent. ~.C Fail to produce and exhibit any permit from the Superintendent which he claims to have upon request of any authorized person who shall desire to inspect the same for the purpose of enforcing compliance with any law or rule. tg.D Disturb or interfere unreasonably with any person or party occupying any area or participating in an activity under the authority of a permit. t~.E Erect any structure, stand or platform or hold any meetings, perform any ceremony, make a speech or address, exhibit any performance or form any parade or procession in any recreational area without first obtaining authorization. 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. Southold Town Meeting Agenda - February 12, 2013 Page 31 Vote Record Resolution RES 2013 155 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supeiwisor's Appt ~ [] Tax Receiver's Appt Jill Doherty [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt ~ [] No Action 2013-156 CATEGORY: DEPARTMENT: Legislation Town Attorney LL/Dogs on Beaches to SCPC & PB RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to transmit the proposed Local Law entitled "A Local Law in relation to Amendments to Chapter 83~ Animals~ and Chapter 193~ Parks and Recreation Areas~ in connection with Control of Do~s or Domestic Animals throughout the Town" to the Southold Town Plannin~ Board and the Suffolk County Department of Plannin~ for their recommendations and reports. Vote Record Resolution RES 2013 156 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Jill Doherty [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt ~ [] No Action 2013-157 CATEGORY: DEPARTMENT: Trailer Permit Town Clerk Southold Town Meeting Agenda - February 12, 2013 Page 32 Emma's Garden Growers Mc. Trailer Permit RESOLVED that the Town Board of the Town of Southold hereby ~rants approval of the trailer permit application of Emma's Garden Growers Inc, Cutchogue, New York, to locate a trailer on the property at 7645 Alvah's Lane, Cutchogue, SCTM #1000-101-1-14.3 to be used as a housing for essential personnel for the greenhouse operations. v'VoteRecord ResolutionRES 2013 157 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&awn Ctn'istopher Talbot [] [] [] [] [] Supe~wisor's Appt [] Tax Receiver's Appt Jill Doherty [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2013-158 CATEGORY: DEPARTMENT: Public Service Town Attorney ddt Energy/Natural Gas Supplier RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to enter into any Agreements necessary to join in the County of Suffolk's contract with JJT Energy, in accordance with General Municipal Law §103(16), and hereby designates JJT Energy as the Town's Energy Service company for the supply of natural gas, subject to the approval of the Town Attorney. ffVoteRecord ResolutionRES 2013 158 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&awn Ct~'istopher Talbot [] [] [] [] [] Supeiwisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action Southold Town Meeting Agenda - February 12, 2013 Page 33 2013-159 CATEGORY: DEPARTMENT: Employment - Town Accounting Appoints Hearing officer RESOLVED that the Town Board of the Town of Southold hereby appoints Mary C. Wilson as Hearing Officer in the Civil Service Law § 75 disciplinary charges against Town employee #4273; and BE IT FURTHER RESOLVED that the Town Board of the Town of Southold hereby authorizes the suspension (without pay for up to 30 days) of this Town employee effective the day after the service of the charges upon the employee and pending the determination of those charges. v'VoteRecord ResolutlonRES 2013 159 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&awn = CN'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt = [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt ~ [] No Action 2013-160 CATEGORY: DEPARTMENT: Organizational Town Clerk Deputy Supervisor SUPERVISOR'S APPOINTMENT Supervisor Scott A. Russell hereby appoints William Ruland as Deputy Supervisor of the Town of Southold, for the term of January 1, 2013 through December 31, 2013. ffVoteRecord ResolutionRES 2013 160 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled = CN'istopher Talbot [] [] [] [] [] WithO'awn Southold Town Meeting Agenda - February 12, 2013 Page 34 [] Supe~wisor's Appt Jill Doherty [] Tax Receiver's Appt Louisa P. Evans [] Rescinded [] Town Clerk's Appt Scott Russell [] Supt Hgwys Appt [] No Action 2013-161 CATEGORY: Employment - Town DEPARTMENT: Town Clerk Member Town Board RESOLVED that the Town Board of the Town of Southold hereby appoints James Dinizio as a Southold Town Board member to fill the vacancy created by Albert Krupski. Vote Record Resolution RES 2013 161 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn CN'istopher Talbot [] [] [] [] [] Supeiwisor's Appt ~ [] Tax Receiver's Appt Jill Doherty [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt ~ [] No Action 2013-162 CATEGORY: DEPARTMENT: Enact Local Law Town Clerk Enact LL Increase &e Tax Exemption for Cold I/Var Feterans WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 15th day of January, 2013, a Local Law entitled "A Local Law to Increase the Tax Exemption for Cold War Veterans" 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 Southold Town Meeting Agenda - February 12, 2013 Page 35 RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law to Increase the Tax Exemption for Cold War Veterans" reads as follows: LOCAL LAW NO. 2013 A Local Law entitled, "A Local Law to Increase the Tax Exemption for Cold War Veterans". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town Board of the Town of Southold wishes to increase the New York State Real Property Tax Law exemption provided to Cold War Veterans. This increase of the existing exemption to veterans of the Cold War period is an appropriate accommodation and recognition of these valued individuals, to the fullest extent permitted by New York State law. II. Chapter 245 of the Code of the Town of Southold is hereby amended as follows: §245-18. Cold War Veterans Exemption. A. Qualifying residential real property shall be exempt from taxation to the extent of fifteen percent (15%) of the assessed value of such property; provided, however, that such exemption shall not exceed two!Ye fifty four thousand dollars or the product oftwcP.'c fifty four thousand dollars multiplied by the latest state equalization or the latest class ratio, whichever is less. B. In addition to the exemption provided by paragraph A of this Section, where the Cold War Veteran received a compensation rating from the United States veterans affairs or from the United States department of defense because of a service connected disability, qualifying residential real property shall be exempt from taxation to the extent of the product of the assessed value of such property, multiplied by fifty percent of the Cold War veteran disability rating; provided, however, that such exemption shall not exceed f~y one hundred eighty thousand dollars, or the product of fzXy one hundred eighty thousand dollars multiplied by the latest state equalization rate or the latest class ratio, whichever is less. 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 apply to assessment rolls prepared on the basis of taxable status dates occurring on or after January 1,299~ 2013. This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. The Southold Town Clerk is directed to Southold Town Meeting Agenda - February 12, 2013 Page 36 forward a copy of this Local Law to the State Board of Real Property Services and the Southold Town Assessors. · /VoteRecord ResolutionRES 2013 162 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn ~ Ctn'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt ~ [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt ~--- [] 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 2/12/13 ~ 7:32 PM LL/Increase Cold War Vets Tax Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at P.M. Linda J. Cooper Southold Deputy Town Clerk