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HomeMy WebLinkAboutTB-11/06/2013 ELIZABETH A. NEVILLE gUFFO(~ Town Hall, 53095 Main Road TOWN CLERK ~oo~ poop PO Box 1179 Southold, NY 11971 REGISTRAR OF VITAL STATISTICS Fax (631) 765-6145 MARRIAGE OFFICER y~ipf ~yd Telephone: (631) 765 - 1800 RECORDS MANAGEMENT OFFICER southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING November 6, 2013 7:00 PM A Regular Meeting of the Southold Town Board was held Wednesday, November 6, 2013 at the Meeting Hall, Southold, NY. Call to Order 7:00 PM Meeting called to order on November 6, 2013 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Organization Title Status Arrived James Dinizio Jr Town of Southold Councilman Present William P. Ruland Town of Southold Councilman Present Jill Doherty Town of Southold Councilwoman Present Christopher Talbot Town of Southold Councilman Present Louisa P. Evans Town of Southold Justice Present Scott A. Russell Town of Southold Supervisor Present Elizabeth A. Neville Town of Southold Town Clerk Present Martin D. Finnegan Town of Southold Town Attorney Present 1. Reports 1. Land Tracking 2. NFAWL Financial Statements 3. Justice Rudolph H. Bruer 4. Zoning Board of Appeals II. Public Notices 1. NYDEC Notice of Complete Application 2. Suffolk County Agricultural and Farmland Protection Board 3. Liquor License Application November 6, 2013 Page 2 Southold Town Board Meeting III. Communications IV. Discussion 1. 9:00 A.M. - Michael Collins and Jamie Richter 2. 9:15 A.M. - Michael Collins and Jamie Richter 3. 9:30 A.M. - CANCELLED - Chris Pickerell, Cornell Cooperative Extension and Mark Terry 4. 9:30 A.M. - Jeff Standish 5. 10:00 A.M. - Bob Scott and Kevin Webster 6. LL/Amendments to Chapter 245, Business Investment Exemption (Public Hearing This Evening) 7. Executive Session - Labor 8. Motion To: Motion to Enter Executive RESOLVED that the Town Board of the Town of Southold hereby Enter into Executive Session at 11:04AM for the purpose of discussing the following matters: (1) Labor - employment history of particular person or persons (2) CSEA Negotiations Update (3) Attorney Client Privilege RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: William P. Roland, Councilman AYES: Dinizio Jr, Roland, Doherty, Talbot, Evans, Russell 9. Motion To: Motion to Exit Executive RESOLVED that the Town Board of the Town of Southold hereby Exit/Recess from this Executive Session at 1:53PM. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell Resolution #812 was placed on the agenda as a result of this executive session. 10. Motion To: Recess 9:00 AM meeting RESOLVED that the Town Board of the Town of Southold hereby Recess this 9:00 AM meeting of the Town Board at 1:53 PM until the 4:00 PM & &:00 PM Budget Hearings and Regular Meeting of the Southold Town Board. November 6, 2013 Page 3 Southold Town Board Meeting RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER: Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell Pledge to the Flag 11. Motion To: Reconvenes 9:00 AM meeting RESOLVED that the Town Board of the Town of Southold hereby reconvenes the 9:00 AM meeting of the Southold Town Board at this 7:OOPM Regular Meeting of the Southold Town Board. RESULT: ADOPTED [UNANIMOUS] MOVER: Scott A. Russell, Supervisor SECONDER: Louisa P. Evans, Justice AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell Opening Comments SUPERVISOR RUSSELL: Would anyone like to comment on any of the items on the agenda? (No response) V. Resolutions 2013-780 CATEGORY.• Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated November 6 2013. 4' Vote Record - Resolution RES-2013-780 13 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn James Dinizio Jr Voter IA ? ? ? ? Supervisor's Appt William P. Roland Voter El ? ? ? ? Tax Receiver's Appt Jill Doherty Voter El ? ? ? ? Rescinded Christopher Talbot Seconder El ? ? ? ? Town Clerk's Appi Louisa P. Evans Mover D ? ? ? ? Supt Hgwys Appi Scott A. Russell Voter 0 ? ? ? ? No Action ? Lost November 6, 2013 Page 4 Southold Town Board Meeting 2013-781 CATEGORY: Set Meeting DEPARTMENT.• Town Clerk Set Next Regular Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, November 19, 2013 at the Southold Town Hall, Southold, New York at 4:30 P.M.. Vote Record - Resolution RES-2013-781 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn James Dinizio Jr Voter 0 ? ? ? ? Supervisor's Appt William P. Roland Seconder 0 ? ? ? ? Tax Receiver's Appt Jill Doherty Voter 0 ? ? ? ? Rescinded Christopher Talbot Voter 0 ? ? ? ? Town Clerk's Appt Louisa P. Evans Mover 0 ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter 0 ? ? ? ? No Action ? Lost 2013-745 Tabled 101812013 4:30 PM, 1012212013 7:30 PM CATEGORY.• Local Law Public Hearing DEPARTMENT: Town Clerk Enact LLISecond St. Parking/New Suffolk WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 101h day of September, 2013, a Local Law entitled "A Local Law in relation to Parking on Second Street in the Hamlet of New Suffolk" 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 Parking on Second Street in the Hamlet of New Suffolk" reads as follows: LOCAL LAW NO. 2013 A Local Law entitled, "A Local Law in relation to Parking on Second Street in the Hamlet of New Suffolk". BE IT ENACTED by the Town Board of the Town of Southold as follows: November 6, 2013 Page 5 Southold Town Board Meeting 1. Purpose. Parking on Second Street in the hamlet of New Suffolk has resulted in conditions that impact the public health, safety and welfare in the surrounding community. These conditions consist of undue congestion, restrictions on access and maneuverability as well as dangerous traffic impacts. Accordingly, it is necessary to prohibit parking in this area to protect the public and restrict the public's ability to block the ordinary flow of traffic. Accordingly, an Amendment to Chapter 260 is warranted. II. Chapter 260 of the Code of the Town of Southold is hereby amended as follows: $260-10. Parking prohibited during certain months. During Months of Name of Street Side (both inclusive) Location Second Street Both June to September At New Suffolk, from the southerly intersection of Main Street to the northerly Intersection of Jackson Street 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 b law. ? Vote Record - Resolution RES-2013-745 ? Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Noy Abstain Absent ? Tabled Rl Withdrawn James Dinizio Jr Mover 0 ? ? ? ? Supervisors Appt William P. Roland Voter D ? ? ? ? Tax Receiver's Appi Jill Doherty Seconder D ? ? ? ? Rescinded Christopher Talbot Voter 0 ? ? ? ? Town Clerk's Appt Louisa P. Evans Voter 0 ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter El ? ? ? ? No Action ? Lost Comment regarding resolution 745 COUNCILWOMAN DOHERTY: I have a little discussion, explanation. We want to look more into parking in that whole area and we have, you know, until spring. So we will be re-noticing it when we do re-visit it probably in the spring. November 6, 2013 Page 6 Southold Town Board Meeting COUNCILMAN RULAND: You are talking about alternative parking? COUNCILWOMAN DOHERTY: Alternative parking or maybe coming back to the way we wrote it here. We want to look into it more and see the whole area. COUNCILMAN RULAND: Sounds good. 2013-782 CATEGORY.• Budget Modification DEPARTMENT: Fishers Island Ferry District 2013 FIFD Budget Modification Financial Impact: To cover overexpended lines RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District Board of Commissioners dated October 21, 2013, which amended the 2013 Fishers Island Ferry District budget, as follows RESOLVED that the Commissioners of the Fishers Island Ferry District hereby amend the 2013 Fishers Island Ferry District budget as follows: Decrease Appropriations SM.5709.2.000.100 Rental Buildings 6,000 SM5710.4.000.800 Uniforms 2,000 SM5710.1.000.000 Personnel Services 10,000 SM.1910.4.000.300 Workman Comp Insurance 3,000 Total $ 21,000 Increase Appropriations SM1420.4.000.000 Legal Fees & Fines 10,000 SM5710.4.000.700 UPS Freight Charges 1,000 SM5710.4.000.900 Credit Card Fees 10,000 Total $21,000 V Vote Record - Resolution RES-2013-782 0 Adopted ? Adopted as Amended Yes/Aye No/Nay Abstain Absent ? Defeated James Dinizia Jr Voter ? ? ? ? Tabled William P. Roland Seconder ? ? ? ? Withdrawn Jill Doherty Mover ? ? ? ? Supervisor's Appt ? Tax Receivers App[ Christopher Talbot Voter D ? 11 ? ? Rescinded Louisa P. Evans Voter 0 ? ? ? ? Town Clerk's Appi Scott A. Russell Voter 0 ? ? ? ? Supt Hgwys Appi ? No Action November 6, 2013 Page 7 Southold Town Board Meeting ? Lost 2013-783 CATEGORY: Refund DEPARTMENT: Town Clerk Refund for Alarm Fine RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund to John Psaras in the amount of $100.00 for over-payment of false alarm fees. V Vote Record - Resolution RES-2013-783 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn James Dinizio Jr Voter 0 ? ? ? ? Supervisor's Appt William P. Ruland Mover 0 ? ? ? ? Tax Receiver's Appt Jill Doherty Voter 0 ? ? ? ? Rescinded Christopher Talbot Voter 0 ? ? ? ? Town Clerk's Appt Louisa P. Evans Seconder 0 ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter 0 ? ? ? ? No Action ? Lost 2013-784 CATEGORY: Budget Modification DEPARTMENT.' Public Works 2013 Budget Modification DPW Financial Impact: To cover over expended line in 2013 RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town budget as follows: From: A. 1620. 1. 100.100 Buildings & Grounds $5,000.00 Regular Earnings November 6, 2013 Page 8 Southold Town Board Meeting To: A.1620.4.100.200 Buildings & Grounds $5,000.00 Gas & Oil V Vote Record - Resolution RES-2013-784 El Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Voter ? ? ? ? Withdrawn ? Supervisor's Appt William P. Roland Voter 2 ? 11 ? ? Tax Receiver's Appt Jill Doherty Voter lZ ? ? ? ? Rescinded Christopher Talbot Seconder 0 ? ? ? ? Town Clerk's App[ Louisa P. Evans Mover 8 ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter Rl ? ? ? ? No Action ? Lost 2013-785 CATEGORY.• Surplus Equip - Non Usable DEPARTMENT: Police Dept Police Department-Surplus Vehicle RESOLVED that the Town Board of the Town of Southold hereby declared the following vebicle as surplus, 2008 Ford Expedition VIN#1FMFUI6548LA71098 Asset #3769: WHEREAS the Town Clerk advertised for bids for said surplus and received none, now therefore be it RESOLVED that Asset #3769 is to declared as unusable surplus equipment and disposed of for 'unk. .1 Vote Record - Resolution RES-2013-785 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn James Dinizio Jr Voter 10 ? ? ? ? Supervisor's Appt William P. Roland Voter 21 ? ? ? ? Tax Receiver's Appt Jill Doherty Voter 0 ? ? ? ? Rescinded Christopher Talbot Mover 2 ? ? ? ? Town Clerk's Appt Louisa P. Evans Seconder El ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter 0 ? ? ? ? No Action ? Lost November 6, 2013 Page 9 Southold Town Board Meeting Comment regarding resolution 785 COUNCILMAN RULAND: Discussion? SUPERVISOR RUSSELL: Yes? COUNCILMAN RULAND: How do we ascertain that the Aim Two thing has been removed before we junk it? It has been removed? No, the Aim Two thing is fuel master. It should have one. Somebody is making a note? Okay, I am good. 2013-786 CATEGORY.- Close/Use Town Roads DEPARTMENT: Town Clerk 2013 Turkey Trot on Nov. 28, 2013 Financial Impact: Police Department cost for event = $353.22 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Mattituck-Cutchogue Teachers' Association to use the following route for its 2013 Turkey Trot in Mattituck, on Thursday, November 28, 2013: beginning at Mattituck High School, head west to Pike Street, cross Route 25 to Reeve Avenue; head south, left on to New Suffolk Avenue; proceed east, right onto Marratooka Road to end, head north on Marratooka; cross New Suffolk Avenue onto Marratooka Lane, left on Route 25; head west, right onto Wickham Avenue, proceed north, right onto Pike Street, finish at the school; provided they follow all the conditions in the Town's Policy for Special Events on Town Properties. Failure to comply with items 5 and 6 will result in a clean up charge. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. The fees have been waived for this event. Vote Record - Resolution RES-2013-786 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn James Dinizio Jr Mover 0 ? ? ? ? Supervisor's Appt William P. Roland Voter El ? ? ? ? Tax Receiver's Appt Jill Doherty Voter 0 ? ? ? ? Rescinded Christopher Talbot Voter 0 ? ? ? ? Town Clerk's Appt Louisa P. Evans Seconder 0 ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter 0 ? ? ? ? No Action ? Lost November 6, 2013 Page 10 Southold Town Board Meeting 2013-787 CATEGORY: Surplus Equipment DEPARTMENT.• Police Dept Police Department-Dispose of Surplus Equipment RESOLVED that the Town Board of the Town of Southold hereby declared the following as surplus, 1988 20' Fiberglass Chincoteague with a 140hp Johnson Outboard Motor : WHEREAS the Town Clerk advertised for bids for said surplus and received none, now therefore be it RESOLVED that the 1988 Chincoteague boat is to declared as unusable surplus equipment and disposed of for *Unk. V Vote Record - Resolution RES-2013-787 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn James Dinizio Jr Voter El ? ? ? ? Supervisor's Appt William P. Roland Voter 0 ? ? ? ? Tax Receiver's Appt Jill Doherty Mover 0 ? ? ? ? Rescinded Christopher Talbot Voter 0 ? ? ? ? Town Clerk's Appt Louisa P. Evans Seconder El ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter El ? ? ? ? No Action ? Lost 2013-788 CATEGORY: Refund DEPARTMENT.• Zoning Board of Appeals Authorize a Refund of $750.00 to Landmark Properties of Suffolk, Ltd. RESOLVED the Town Board of the Town of Southold hereby authorizes a refund in the amount of $750.00 for the Landmark Properties of Suffolk, Ltd. for an application that was not necessary due to an incorrect Notice of Disapproval. Refund should be sent to: Landmark Properties of Suffolk, Ltd., 475 Rout 25A, Rocky Point, NY 11778. V Vote Record - Resolution RES-2013-788 0 Adopted Yes/Aye No/Nay Abstain Absent ? Adopted as Amended James Dinizio Jr Voter 0 ? ? ? ? Defeated William P. Roland Mover 0 ? ? ? ? Tabled Jill Doherty Voter 121 ? ? ? November 6, 2013 Page 11 Southold Town Board Meeting ? Withdrawn Christopher Talbot Voter El ? ? ? ? Supervisors Appt Louisa P. Evans Seconder 0 ? ? ? ? Tax Receiver's Appt Scott A. Russell Voter 0 ? ? ? ? Rescinded ? Town Clerk's Appt ? Supt Hgwys Appt ? No Action ? Lost 2013-789 CATEGORY.• Budget Modification DEPARTMENT: Solid Waste Management District 2013 Budget Modification DSW Financial Impact To cover the expenditure for 2014 permits RESOLVED that the Town Board of the Town of Southold hereby modifies the 2013 Solid Waste District budget as follows: TO: SR. 8160.4.100.110 Refuse & Garbage District $1700.00 Supplies and Materials Pre-Printed Forms FROM: SR.8160.2.100.200 Refuse & Garbage District $500.00 Equipment Desks SR.8160.2.100.300 Refuse & Garbage District 400.00 Equipment Chairs SR.8160.4.100.550 Refuse & Garbage District 800.00 Supplies and Materials Maint.-Komatsu Payloader V Vote Record - Resolution RES-2013-789 M Adopted Yes/Aye No/Nay Abstain Absent ? Adopted as Amended James Dinizio Jr Voter M ? ? ? ? Defeated William P. Roland Voter ? ? ? ? Tabled ? Withdrawn Jill Doherty Voter 0 ? ? ? ? Supervisor's Appt Christopher Talbot Seconder 0 ? ? ? ? Tax Receiver's Appt Louisa P. Evans Mover 9 ? ? ? ? Rescinded Scott A. Russell Voter 0 ? ? ? ? Town Clerk's Appi November 6, 2013 Page 12 Southold Town Board Meeting ? Supt Hgwys Appt ? No Action ? Lost 2013-790 CATEGORY.• Employment - Town DEPARTMENT.• Accounting Create and Set Salary Administrative Aide RESOLVED that the Town Board of the Town of Southold hereby creates the position of Administrative Aide and establishes the annual rate of pay for Administrative Aide as follows: Effective Date / Entry Step Level 1 2 3 4 5 January 1, 2012 $48,143.54 $51,581.53 $52,956.72 $54,813.25 $56,188.44 $59,626.43 ? Vote Record - Resolution RES-2013-790 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled 13 Withdrawn James Dinizio Jr Voter z 11 ? ? ? Supervisor's Appt William P. Roland Voter lZ ? ? ? ? Tax Receiver's Appi Jill Doherty Voter 0 ? ? ? ? Rescinded Christopher Talbot Mover Rl ? ? ? ? Town Clerk's Appt Louisa P. Evans Seconder El ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter M ? ? ? ? No Action ? Lost 2013-791 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification for High Band Radio Financial Impact: Provide an appropriation for 2013 High Band Radio monthly service (S1K per month) November 6, 2013 Page 13 Southold Town Board Meeting RESOLVED that the Town Board of the Town of Southold hereby modifies the 2013 General Fund Whole Town budget as follows: From: A. 1990.4. 100. 100 Unallocated Contingencies $3,000 Totals $3,000 To: A.3020.4.400.500 Public Safety Communications, C.E. High Band Radio Service $3,000 Totals $3,000 Vote Record - Resolution RES-2013-791 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn James Dinizio Jr Mover 0 ? ? ? ? Supervisor's Appt William P. Ruland Seconder 0 ? ? ? ? Tax Receiver'sAppt Jill Doherty Voter 0 ? ? ? ? Rescinded Christopher Talbot Voter 0 ? ? ? ? Town Clerk's Appt Louisa P. Evans Voter 0 ? ? ? ? Supt Hgwys Appt Scott A. Russell Mover 0 ? ? ? ? No Action ? Lost 2013-792 CATEGORY.• Contracts, Lease & Agreements DEPARTMENT: Town Attorney Drainage Easement W/Mattituck Park District RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Grant of Drainage Easement and all other necessary documents between the Town of Southold and the Mattituck Park District in connection with the Bay Avenue Bio-Retention Project, subject to the approval of the Town Attorney. I Vote Record - Resolution RES-2013-792 0 Adopted ? Adopted as Amended Yes/Aye No/Nay Abstain Absent ? Defeated James Dinizio Jr Voter 0 ? ? ? ? Tabled William P. Roland Seconder 0 ? ? ? ? Withdrawn Jill Doherty Mover 0 ? ? ? ? Supervisors Appt Christopher Talbot Voter 0 ? ? ? ? Tax Receiver's Appt Louisa P. Evans Voter 0 ? ? ? ? Rescinded Scott A. Russell Voter 0 ? ? ? ? Town Clerk's Appt ? Supt Hgwys Appi November 6, 2013 Page 14 Southold Town Board Meeting ? No Action ? Lost 2013-793 CATEGORY.• Budget Modification DEPARTMENT.• Accounting Budget Modification for Highway Fund Part Town Financial Impact: Appropriate SCWA reimbursement for Deep Hole Road paving RESOLVED that the Town Board of the Town of Southold hereby increases the 2013 Highway Fund Part Town budget as follows: Revenues: DB.2210.10 Services Other Governments, SCWA $20,240 Totals $20,240 Appropriations: DB.5110.4.100.900 Resurfacing Projects $20,240 Totals $20,240 Vote Record - Resolution RES-2013-793 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye NO/Nay Abstain Absent ? Tabled ? Withdrawn James Dinizio Jr Voter 0 ? ? ? ? Supervisor's Appt William P. Ruland Mover Rl ? ? ? ? Tax Receiver's Appt Jill Doherty Voter 0 ? ? ? ? Rescinded Christopher Talbot Voter 0 ? ? ? ? Town Clerk's Appt Louisa P. Evans Seconder 0 ? ? ? ? Supt Hgwys Apin Scott A. Russell Voter 0 ? ? ? ? No Action ? Lost 2013-794 CATEGORY: Employment - Town DEPARTMENT: Accounting Accepts the Resignation of Edward Coakley November 6, 2013 Page 15 Southold Town Board Meeting RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Edward Coakley from the position of a Part Time Mini Bus Driver for the Human Resource Center effective November 1, 2013. ? Vote Record - Resolution RES-2013-794 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled - ? Withdrawn James Dinizio Jr Voter 0 ? ? ? ? Supervisor's Appt William P. Roland Voter ? 0 ? ? ? Tax Receiver's Appt Jill Doherty Voter 0 ? ? ? ? Rescinded Christopher Talbot Seconder 0 ? ? ? ? Town Clerk's Appt Louisa P. Evans Mover 0 ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter 0 ? ? ? ? No Action ? Lost 2013-795 CATEGORY. Committee Appointment DEPARTMENT. Town Clerk Appointment of William Dougherty to Housing Advisory Commission RESOLVED the Town Board of the Town of Southold hereby appoints William Dougherty to the Housing Advisory Commission, effective immediate) through March 31, 2015. ? Vote Record - Resolution RES-2013-795 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled - : : - ? Withdrawn James Dinizio Jr Voter 0 ? ? ? ? Supervisor's Appi William P. Roland Voter 0 ? ? ? ? Tax Receiver's Appt Jill Doherty Voter 0 ? ? ? ? Rescinded Christopher Talbot Mover 0 ? ? ? ? Town Clerk's Appt Louisa P. Evans Seconder 0 ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter 0 ? ? ? ? No Action ? Lost 2013-796 CATEGORY. Refund November 6, 2013 Page 16 Southold Town Board Meeting DEPARTMENT. Solid Waste Management District Town Bag Refund RESOLVED by the Town Board of the Town of Southold that the Solid Waste District shall refund to Betty Rugg the amount of $44.25 for the return of unused Town garbage bags. ? Vote Record - Resolution RES-2013-796 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn James Dinizio Jr Mover 0 ? ? ? ? Supervisor's App[ William P. Roland Voter 0 ? ? ? Jill Doherty Seconder 0 ? ? ? 's App[ ? Tax Receiver ? Rescinded Christopher Talbot Voter 0 ? ? ? ? Town Clerk's Appt Louisa P. Evans Voter 0 ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter 0 ? ? ? ? No Action ? Lost 2013-797 CATEGORY.- Contracts, Lease & Agreements DEPARTMENT' Recreation Hire Winter 2014 Program Instructors Resolved that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an agreement with the following individuals and businesses for the Winter 2014 Recreation programs, all in accordance with the approval of the Town Attorney. Funding for the instructors listed below has been budgeted for in the Recreation Department's 2014 instructor line A7020.4.500.420. Thomas Boucher (guitar) $30/hour Michelle Buckley (wellness program) $30/hour Lenora Dome (belly dancing) $30/hour Martha Eagle (Aerobics/Pilates/Yoga/Power Stretching)....... $30/hour Susan Forte (iPhone & iPad) $30/hour Bill Gatz (youth basketball) $30/hour Denise Gillies (Tai Chi) $30/hour Thomas LaMothe (Spanish) $30/hour Rosemary Martilotta (yoga) $55/class Judy McCleery (digital photography) $30/hour Maribeth Mundell (singing program) $30/hour November 6, 2013 Page 17 Southold Town Board Meeting Linda Nemeth (Watercolor) $30/hour North Fork School for Dogs (dog obedience) $70/person North Fork School for Dogs (pre-therapy).. * * * $90/person Dr. Jeffrey Poplarski (Golf Fitness) $55/class Dr. Jeffrey Poplarski (Youth Fitness) $65/class R & C Agency Management Corp. (defensive driving)......... $30/person R & C Agency Management Corp. (CPR class) $55/person Laurie Short (aerobics classes) $30/hour Steve Smith (weight training) $30/hour Jocelyn Suglia (youth basketball) $30/hour Lisa Tettelbach (greeting cards) $30/hour Touch Dance Studios (ballroom dancing) $65/person US Coast Guard Auxiliary (adult boating) $50/ person; $90/couple ? Vote Record - Resolution RES-2013-797 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay ! Abstain Absent ? Tabled ? Withdrawn James Dinizio Jr Voter 0 11 11 ? ? Supervisor's Appt William P. Ruland Seconder 0 ? ? ? ? Tax Receiver's Appt Jill Doherty Mover 0 ! ? ? ? ? Rescinded Christopher Talbot Voter 0 ? ? ? ? Town Clerk's Appt Louisa P. Evans Voter 0 ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter 0 ? ? ? ? No Action ? Lost 2013-798 CATEGORY.. Attend Seminar DEPARTMENT. Land Preservation M. Spiro to Attend Conference 1112012013 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Melissa Spiro, Land Preservation Coordinator, to attend the conference "Harvesting Opportunities in New York: Growing Local Food Economies & Protecting Farmland" sponsored by the American Farmland Trust, on November 20, 2013, in Albany, New York. 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-2013-798 0 Adopted Yes/Aye No/Nay Abstain Absent ? Adopted as Amended James Dinizio Jr Voter 0 ? ? ? ? Defeated William P. Ruland over 0 ? ? ? ? Tabled Jill Doherty Voter 21 ? ? ? November 6, 2013 Page 18 Southold Town Board Meeting ? Withdrawn Christopher Talbot Voter 0 - ? ? ? ? Supervisor's Appt Louisa P. Evans Seconder EI ? ? ? ? Tax Receiver's Appt Scott A. Russell Voter RI ? ? - ? ? Rescinded ? Town Clerk's Appt ? Supt Hgwys Appt ? No Action ? Lost 2013-799 CATEGORY.• Contracts, Lease & Agreements DEPARTMENT: Town Attorney Right of First Refusal Agreement W/SCWA (Laurel Lake Preserve Parcels) RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Right of First Refusal Agreement between the Town of Southold and the Suffolk County Water Authority in connection with the tracts of land located in the hamlet of Mattituck and east of the Laurel Lake Preserve which are identified as SCTM Nos. 1000-121-4-9.3, 1000-121-5-1.10, 1000-121-5-5.1, 1000-122-2-25, and 1000-122-6-35.9, subject to the approval of the Town Attorney. ? Vote Record - Resolution RE3-2013-799 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn James Dinizio Jr Voter 0 13 - ? ? ? Supervisor's Appt William P. Roland Voter 0 ? ? ? O Tax Receiver's Appt Jill Doherty Voter 0 ? ? ? ? Rescinded Christopher Talbot Seconder 0 ? ? ? ? Town Clerk's Appt Louisa P. Evans Mover 0 ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter EI ? ? ? ? No Action ? Lost 2013-800 CATEGORY: Attend Seminar DEPARTMENT.- Special Projects Coordinator Community Building: Gang Awareness and Prevention November 6, 2013 Page 19 Southold Town Board Meeting RESOLVED that the Town Board of the Town of Southold hereby grants permission to Special Projects Coordinator Phillip Beltz to attend a seminar on Prevention and Awareness in Riverhead, New York, on November 15, 2013. All expenses for registration and travel to be a legal charge to the 2013 budget (meetings and seminars). ? Vote Record - Resolution RES-2013-800 -T Adopted ? Adopted as Amended ? Defeated Ves/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn James Dinizio Jr Voter 0 ? ? ? ? Supervisor's Appt William P. Ruland Voter 0 ? ? ? ? Tax Receiver's Appt Jill Doherty Voter El ? ? ? ? Rescinded Christopher Talbot Mover 0 ? ? ? ? Town Clerk's Appt Louisa P. Evans Seconder 0 ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter 0 ? ? ! ? ? No Action ? Lost 2013-801 CATEGORY. Policies DEPARTMENT.• Special Projects Coordinator Housing Policy & Procedures RESOLVED the Town Board of the Town of Southold hereby adopts the revised Town of Southold Housing Proerams Policies and Procedures dated October 2013. ? Vote Record - Resolution RES-2013-801 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn James Dinizio Jr Mover 0 ? ? ? ? Supervisor's Appt William P. Ruland Voter 0 ? ? ? ? Tax Receiver's Appi Jill Doherty Seconder 0 ? ? ? ? Rescinded Christopher Talbot Voter - 0 ? ? ? ? Town Clerk's Appt Louisa P. Evans Voter 0 ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter El ? ? ? ? No Action ? Lost 2013-802 November 6, 2013 Page 20 Southold Town Board Meeting CATEGORY.: Policies DEPARTMENT. Special Projects Coordinator Youth Bureau Social Media Policy RESOLVED the Town Board of the Town of Southold hereby adopts the Town of Southold Youth Bureau Social Media Usage policy dated October 2013. ? Vote Record - Resolution RES-2013-802 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled 11 Withdrawn James Dinizio Jr Voter 0 ? ? ? ? Supervisor's App[ William P. Roland Seconder 0 ? ? El ? Tax Receiver's Appt Jill Doherty Mover 0 ? ? ? ? Rescinded Christopher Talbot Voter 0 ? ? ? ? Town Clerk's Appt Louisa P. Evans Voter 0 ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter 0 ? ? ? ? No Action ? Lost 2013-803 CATEGORY. Grants DEPARTMENT.: Engineering Accept Grant from Suffolk County Soil and Water Conservation District for the Bay Avenue Bioretention Project RESOLVED that the Town Board of the Town of Southold hereby accepts the grant of $5,330 from the Suffolk County Soil & Water Conservation District for the construction of a bioretention area off of Bay Avenue in Mattituck and modifies the 2013 Capital Projects Account as follows: Increase: H.8540.2.100.175 Drainage $5,330.00 Bay Ave Bioretention Proj Increase: H.2389.30 Misc Revenue, Other Gov't $5,330.00 S/C-Bay Ave Bioretention V Vote Record - Resolution RES-2013-803 0 Adopted Yes/Aye No/Nay Abstain Absent ? Adopted as Amended ? Defeated James Dinizio Jr Voter ' 0 ? ? ? November 6, 2013 Page 21 Southold Town Board Meeting ? Tabled William P. Roland Mover 0 ? ? ? ? Withdrawn Jill Doherty Seconder 0 ? ? ? ? Supervisor's Appt Christopher Talbot ! Voter 0 ? - ? ? ? Tax Receiver's Appt Louisa P. Evans Voter 0 ? ? ? ? Rescinded Scott A. Russell Voter El ? ? ? ? Town Clerk's Appt ? Supt Hgwys Appt ? No Action ? Lost 2013-804 CATEGORY. Contracts, Lease & Agreements DEPARTMENT. Town Attorney Lease Agreement W/Oysterponds UFSD BOE RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a Lease Agreement between the Town of Southold and the Oysterponds UFSD Board of Education in connection with District property to be utilized as recreational facilities for use by the public, at an annual rent in the amount of $10.00, commencing June 1, 2012 through May 31, 2022, subject to the approval of the Town Attorney. 7 Vote Record - Resolution RES-2013-804 El Adopted ? Adopted as Amended ? Defeated Ycs/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn James Dinizio Jr Voter 0 ? ? ? ? Supervisor's Appi William P. Roland Voter 0 ? ? ? ? Tax Receiver's Appt Jill Doherty Voter 0 11 ? ? ? Rescinded Christopher Talbot Seconder 0 ? ? ? ? Town Clerk's Appt Louisa P. Evans Mover Rl ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter 0 ? ? ? ? No Action ? Lost 2013-805 CATEGORY. Advertise DEPARTMENT: Human Resource Center Re-Advertise for PT Mini Bus Driver at the HRC November 6, 2013 Page 22 Southold Town Board Meeting RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for two weeks in all local papers and Newsday for the position of part time Mini Bus Driver for the Human Resource Center at a rate of $16.93 per hour up to 17.5 hours per week. I Vote Record - Resolution RES-2013-805 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Noy Abstain Absent ? Tabled ? Withdrawn James Dinizio Jr Voter 0 ? ? ? ? Supervisor's Apia William P. Roland Voter 0 ? ? ? ? Tax Receiver's Appi Jill Doherty Voter 0 ? ? ? ? Rescinded Christopher Talbot Mover 0 ? ? ? ? Town Clerk's Appt Louisa P. Evans Seconder 0 ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter 0 ? ? ? ? No Action ? Lost 2013-806 CATEGORY: Attend Seminar DEPARTMENT.• Human Resource Center Permission for Jean DeLorme to Attend Annual Conference on Alzheimers Disease Financial Impact: The is no registration fee for this conference. Reimbursement for travel will be provided. RESOLVED that the Town Board of the Town of Southold hereby grants permission to Jean DeLorme, Adult Day Care Supervisor, to attend the 15th Annual Alzheimer's Conference for Caregivers at the Hilton Garden Inn in Stony Brook on Friday, November 8th, 2013. All expenses for travel to be a legal charge to the 2013 Programs for the Aging budget (travel reimbursement). ? Vote Record - Resolution RES-2013-806 0 Adopted ? Adopted as Amended ? Defeated Ves/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn James Dinizio Jr Mover 0 ? ? ? ? Supervisors Appt William P. Roland Voter 0 ? ? ? ? Tax Receiver's Appt Jill Doherty Voter 0 ? ? ? ? Rescinded Christopher Talbot Voter 0 ? ? ? ? Town C'lerk's Appt Louisa P. Evans Seconder 0 ? ? ? ? Supt llgwys Appt Scott A. Russell Voter 0 ? ? ? ? No Action ? Lost November 6, 2013 Page 23 Southold Town Board Meeting 2013-807 CATEGORY. Contracts, Lease & Agreements DEPARTMENT. Town Attorney Pet Therapy Partnership Agreement W/Bideawee RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Pet Therapy Partnership Agreement between the Town of Southold and Bideawee in connection with introducing a Pet Therapy Program at the Katinka House and Senior Center, at no cost to the Town, subject to the consent of participants and approval of the Town Attorney. ? Vote Record - Resolution RES-2013-807 0 Adopted ? Adopted as Amended ? Defeated . Yes/Aye No/Noy Abstain Absent ? Tabled ? Withdrawn James Dinizio Jr Voter D - ? ? ? ? Supervisor's Appt William P. Ruland Seconder 0 ? ? ? ? Tax Receiver's Appt Jill Doherty Mover El ? ? ? ? Rescinded Christopher Talbot Voter 21 ? ? ? ? Town Clerk's Apia Louisa P. Evans Voter ? 21 ? ? ? Supt Hgwys Apia Scott A. Russell Voter - 0 ? ? ? ? No Action ? Lost 2013-808 CATEGORY.• Employment - FIFD DEPARTMENT.- Accounting Fishers Island Longevity Raymond LeFevre RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted November 4, 2013 that approved Raymond LeFevre's longevity increase effective November 1, 2013. ? Vote Record - Resolution RES-2013-808 p Adopted Yes/Aye No/Nay Abstain Absent ? Adopted as Amended James Dinizio Jr Voter Rl ? ? ? ? Defeated William P. Ruland Mover Rl ? ? ? ? Tabled Jill Doherty Voter p ? ? ? ? Withdrawn Christopher Talbot Seconder El ? ? ? ? Supervisor's Appt Louisa P. Evans Voter El ? ? ? November 6, 2013 Page 24 Southold Town Board Meeting ? Tax Receiver's Appt Scott A. Russell Voter 0 ? ? ? ? Rescinded ? Town Clerk's Appt ? Supt Hgwys Appt ? No Action ? Lost 2013-809 CATEGORY.- Employment - FIFD DEPARTMENT.- Accounting Appoint Jonathan Haney PT Captain RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fisher Island Ferry District adopted November 4, 2013 that appoints Jonathan Haney as a art time Captain in addition to his art time Deckhand duties. V Vote Record - Resolution RES-2013-809 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn James Dinizio Jr Voter 0 ? ? ? ? Supervisor's Appt William P. Ruland Voter 0 ? ? ? ? Tax Receiver's App[ Jill Doherty Voter 0 ? ? ? ? Rescinded Christopher Talbot Seconder 0 ? ? ? ? Town Clerk's Appt Louisa P. Evans Mover 0 ? ? ? ? Supt Hgwys Appt Scott A. Russell Mover 0 ? ? ? ? No Action ? Lost 2013-810 CATEGORY.- Budget Modification DEPARTMENT: Fishers Island Ferry District 2013 FIFD Budget Modification Financial Impact: To cover over extended line items RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District Board of Commissioners dated November 4, 2013, which amended the 2013 Fishers Island Ferry District budget, as follows November 6, 2013 Page 25 Southold Town Board Meeting RESOLVED that the Commissioners of the Fishers Island Ferry District hereby amend the 2013 Fishers Island Ferry District budget as follows: Decrease Appropriations SM.5710.4.000.200 Utilities-FI $4,500 Total $ 4,500 Increase Appropriations SM1910.4.000.100 Ferry Insurance 2,300 SM5710.4.000.950 Training/Education 1,980 SM7155.4.000.000 Theater $220 Total $4,500 Vote Record - Resolution RES-2013-810 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn James Dinizio Jr Voter 0 ? ? ? ? Supervisor's Appt William P. Ruland Voter D ? ? ? ? Tax Receiver's Appt Jill Doherty Voter 121 ? ? ? ? Rescinded Christopher Talbot ! Mover ® ? ? ? ? Town Clerk's Appt Louisa P. Evans Seconder El ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter 0 ? ? ? ? No Action ? Lost 2013-811 CATEGORY.. Local Law Public Hearing DEPARTMENT: Town Attorney 11119113 PH @ 4:36 PMLLISuperstorm Sandy Assessment Relief Act WHEREAS, there has been resented to the Town Board of the Town of Southold, Suffolk County, New York, on the 6` day of November, 2013, a Local Law entitled "A Local Law in relation to Amendments to Chapter 245, Taxation, to Provide Assessment and Tax Relief to Property Owners Impacted by Superstorm Sandy". RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 19`h day of November, 2013 at 4:36 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 245, November 6, 2013 Page 26 Southold Town Board Meeting Taxation, to Provide Assessment and Tax Relief to Property Owners Impacted by Superstorm Sandy" reads as follows: LOCAL LAW NO. 2013 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 245, Taxation, to Provide Assessment and Tax Relief to Property Owners Impacted by Superstorm Sandy". BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. Purpose. Superstorm Sandy caused catastrophic property damage in Suffolk County in the Fall of 2012. Many homes were either destroyed or severely damaged by the high winds, rains and flooding associated with Superstorm Sandy. Superstorm Sandy struck the Town after assessment rolls were prepared; as a result, property owners who experienced substantial damage to their homes and businesses were required to pay their normal property tax bill in 2013. The State of New York has enacted legislation which addresses this inequity by authorizing local governments to grant assessment relief to Superstorm Sandy victims whose properties were substantially damaged or destroyed. The Town of Southold was included in the Federal Disaster Declaration of Superstorm Sandy and, therefore, is eligible to extend assessment relief to its residents. As such, the Town Board believes it is fair and equitable to provide relief to residents who saw their properties damaged or destroyed and their lives upended by Superstorm Sandy. Therefore, the purpose of this local law is to elect to provide assessment relief to persons substantially impacted by Superstorm Sandy as authorized by the "Superstorm Sandy Assessment Relief Act", enacted by the New York State Legislature as Chapter 424 of the 2013 Laws of the State of New York. IT. Chapter 245 of the Code of the Town of Southold is hereby amended as follows: ARTICLE IX Assessment and Tax Relief for Property Owners Impacted by Superstorm Sandy 4245-20. Definitions. Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged (or latest edition). IMPACTED TAX ROLL - the final assessment roll which satisfies both of the following conditions: the roll is based upon (a) a taxable status date occurring prior to October 28, November 6, 2013 Page 27 Southold Town Board Meeting 2012, and (b) taxes levied uon that roll were payable without interest on or after October 28, 2012. IMPROVED VALUE - the market value of real property improvements excluding the land. PROPERTY - Real property, property or land as defined under paragraphs (a) through (g) of subdivision 12 of New York Real Property Law. RELIEF ACT - the Superstorm Sandy Assessment Relief Act as enacted by New York State Legislature, Chapter 424 of 2013 Laws of the State of New York. SUPERSTORM SANDY - the storms rains winds or floods which occurred within the State of New York and the County of Suffolk during the period October 29, 2012 and ending November 3, 2012. TOTAL ASSESSED VALUE - the total assessed value of the property prior to any an d all exemption adjustments. 4245-21. Implementation and Adoption of Sunerstorm Sandy Assessment Relief Act. This law adopts and implements the provisions of the Sunerstorm Sandy Assessment Relief Act, as enacted by the New York State Legislature, Chapter 424 of the 2013 Laws of the State of New York, granting assessment relief to the victims of Sunerstorm Sandy. 4245-22. Eligibility criteria and relief granted. Notwithstanding any provision of law to the contrary, the Town of Southold elects to provide assessment relief for properties damaged by Sunerstorm Sandy, as authorized by the Relief Act, as follows: Reduction of Assessed Value Lost Improved Value of Property Attributable to Improvements on as a result of Sunerstorm Sandy the Impacted Assessment Roll At least 10% but less than 20% 15% At least 20% but less than 30% 25% At least 30% but less than 40% 35% At least 40% but less than 50% 45% At least 50% but less than 60% 55% At least 60% but less than 70% 65% At least 70% but less than 80% 75% At least 80% but less than 90% 85% At least 90% but less than 100% 95% November 6, 2013 Page 28 Southold Town Board Meeting 100% 100% 4245-23. Other provisions. A. To receive relief under this law, a property owner must submit a written request to the Town Assessor's Office on a form approved by the Director of the New York State Office of Real Property Tax Services and in accordance with the specific requirements of the Relief Act. Such request shall attach any and all determinations made by the Federal Emergency Management Agency, any and all reports made by insurance adjusters, and describe in reasonable detail the damage caused to the property by Superstorm Sandy and the condition of the property and shall be accompanied by supporting documentation, if available. B. The percentage of loss in improved value shall be adopted by the Assessor from a written finding of the Federal Emergency Management Agency, or where no such finding exists, shall be determined by the Assessor in a manner provided by the Relief Act, subject to review by the Board of Assessment Review. C. Where an Assessor determines a property has lost at least 10% of its improved value due to Superstorm Sandy, the assessed value attributable to the improvements on the property on the impacted assessment roll shall be reduced by the appropriate percentage specified in &245-22 of this law, provided that any exemptions which the property may be receiving shall be adjusted as necessary to account for such reduction in the total assessed value. To the extent the total assessed value of the property originally appearing on such roll exceeds the amount to which it should be reduced pursuant to the Relief Act and this local law, the excess shall be considered an error in essential fact as defined by subdivision 3 of Section 550 of the Real Property Tax Law. If the error appears on a tax roll, the tax roll shall be corrected in the manner provided by Section 554 of the Real Property Tax Law or a refund or credit of taxes shall be granted in the manner provided by Sections 556 or 556-b of the Real property Tax Law. If the error appears on a final assessment roll but not on a tax roll such final assessment roll shall be corrected in the manner prescribed by Section 553 of the Real Property Tax Law. 4245-24. Applicability. This law shall apply to the impacted assessment roll, as that term is defined in the Relief Act and this local law. 111. 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. November 6, 2013 Page 29 Southold Town Board Meeting 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-2013-811 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled - ? Withdrawn James Dinizio Jr Mover 0 ? ? ? ? Supervisor's App[ William P. Roland Voter 0 ? ? ? ? Tax Receiver's Appt Jill Doherty Seconder 0 ? ? ? ? Rescinded Christopher Talbot - Voter 0 ? ? ? ? Town Clerk's Appt Louisa P. Evans Voter 0 ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter 21 ? ? ? ? No Action ? Lost 2013-812 CATEGORY: Authorize to Bid DEPARTMENT.- Town Attorney Advertise for RFP to Apply for LIPA Feed-In-Tariff II Program and Solar Photovoltaic System RESOLVED the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for Request for Proposals for the application to participate in the Long Island Power Authority Feed-In-Tariff II Program and for the development of a 2 megawatt solar photovoltaic system on the landfill property located at 6155 Cox Lane, Cutchogue, New York in accordance bid specifications prepared by Bright Power Inc. and subject to the approval of the Town Attorney and Town Engineer. ? Vote Record - Resolution RES-2013-812 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Voter 0 ? ? ? ? Withdrawn William P. Roland Seconder 0 ? ? ? ? Supervisor's Appt Jill Doherty Mover 0 ? ? ? ? Tax Receiver's Appi Christopher Talbot Voter 0 ? ? ? ? Rescinded Louisa P. Evans Voter 0 ? ? ? ? Town Clerk's Appt Scott A. Russell Voter 0 ? ? ? ? Supt Hgwys Appi ? No Action ? Lost November 6, 2013 Page 30 Southold Town Board Meeting 2013-813 CATEGORY.' Budget Modification DEPARTMENT: Public Works 2013 Budget Modification DPW Financial Impact: To cover dredging at Town Beach RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town budget as follows: From: A.1620.4.400.300 Building & Grounds Dredging Goldsmiths Inlet $4000.00 To: A.1620.4.400.200 Building & Grounds Property & Repair $4000.00 ? Vote Record - Resolution RES-2013-813 0 Adopted ? Adopted as Amended ? Defeated Ves/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn James Dinizio Jr Voter p ? ? ? ? Supervisor's Appt William P. Roland Mover 0 ? ? ? ? Tax Receiver's Appi Jill Doherty Voter 0 ? ? ? ? Rescinded Christopher Talbot Voter 0 ? ? ? ? Town Clerk's Appi Louisa P. Evans Seconder 0 ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter 0 ? ? ? ? No Action ? Lost VI. Public Hearings 4 PM & 7PM 2014 Budget Hearings 7:05 PM - Hearing for Local Law amendment to Chapter 245 1. Set PH for 2014 Budget November 6, 2013 Page 31 Southold Town Board Meeting RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Christopher Talbot, Councilman AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell Supervisor Russell Continuation of Budget Hearing 7:00 PM SUPERVISOR RUSSELL: Please join in the Pledge of Allegiance to the Flag. Thank you. At this time I am going to take questions from the audience. If anybody would like to comment on the preliminary budget proposed by the Town Board for fiscal 2014. Anyone? (No response) What we will do is we will hold that open and right now we will get down to some of the regular business of the Town. Motion To: Motion to recess to Public Hearing RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed at 7:19 PM in order to hold a public hearing. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell 11/6/13 PH @ 7:05 PM LL/Amendments to Chapter 245 RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell Councilman Christopher M. Talbot COUNCILMAN TALBOT: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 8`h day of October, 2013, a Local Law entitled "A Local Law in relation to Amendments to Chapter 245, Taxation, to Enact the Business Investment Exemption". RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 6`h day of November, 2013 at 7:05 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 245, Taxation, to Enact the Business Investment Exemption" reads as follows: LOCAL LAW NO. 2013 November 6, 2013 Page 32 Southold Town Board Meeting A Local Law entitled, "A Local Law in relation to Amendments to Chapter 245, Taxation, to Enact the Business Investment Exemption". BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. Purpose. New York State Real Property Tax Law §485-b establishes a framework for counties to work with other local governments to encourage economic development that is consistent with the master plans of their communities and crafted in conformity with the needs of their residents, businesses and environment. Suffolk County has created the Industrial Commercial Incentive Board to work with the Towns within the County to create a Strategic Industries Property Tax Abatement Plan, which includes the Industrial/Commercial Incentive Plan, Town of Southold, to attract and encourage business growth, allowing the Town to target tax incentives to businesses that make improvements to real property in areas identified by the Town. In accordance with the Strategic Industries Property Tax Abatement Plan, the Town is enacting this exemption to encourage targeted economic development, and the value of the exemption is justified by the need to provide employment opportunities and broaden the tax base in designated areas within the Town of Southold. II. Chapter 245 of the Code of the Town of Southold is hereby amended as follows: ARTICLE II Targeted Business Investment Exemption §245 7 Exemption repealed Pufsuai,A to the atAhority of Subdivision 7 of § 485 b of the Real Property T-wk Law, !he paFtial exemption from el ad Va4e m le and s ,.L,,...___ p .ided by _ _b § 48-5-- b i h LJ r-epealed insofar ..eh exeffipfien .......1.11..,..,. 1,,.,.,. ..««1:e bie to eligible ___l Y"'Y""J uwwo..u aer Te%m puTesesr 4245-7. Exemption granted. A. Real property constructed, altered installed or improved subsequent to the effective date of this Article for the purpose of commercial, business or industrial activities that are set forth in the Industrial/Commercial Incentive Plan Town of Southold permitted uses pursuant to Chapter 280, Zoning and which are identified parcels in the Industrial/Commercial Incentive Plan, Town of Southold shall be eligible for an exemption from taxation and special ad valorem levies from each school district located within the area within which said exemption shall apply unless such school district by resolution, shall determine that such exemptions shall not be applicable to its tax and ad valorem levies. For the purposes of this section the terms "construction," "alteration," "installation" and "improvement" shall not include ordinary maintenance and repair. B. This exemption shall only apply to those proiects where the cost of such construction alteration, installation or improvements exceeds the sum of $50,000. The amount of the exemption shall be calculated by taking the increase in the assessed value of such real property attributable to such construction, alteration installation or improvement and reducing that increase in the assessed value of such real property, on a declining percentage basis, pursuant to the following accelerated strategic exemption schedule: Year of Exemption Percentage of Exemption 1, 50% November 6, 2013 Page 33 Southold Town Board Meeting 2 50% 3 50% 4 40% 5 30% 6 20% 7 10% 8 10% 9 10% 10 5% C. No exemption shall be granted unless such construction alteration installation or improvement is completed as may be evidenced by a certificate of occupancy or other appropriate documentation as provided by the owner. D. Application: (1) Such exemption shall be granted only upon application by the owner of such real property on a form prescribed by the New York State Department of Taxation and Finance. Such application shall be filed with the Assessor of the Town having the power to assess property for taxation on or before the appropriate taxable status date of the Town or County and within one year from the date of completion of such construction, alteration installation or improvement (2) If the Assessor is satisfied that the applicant is entitled to an exemption pursuant to this Article he or she shall approve the application and such real property shall thereafter be exempt from taxation and special ad valorem levies except for special ad valorem levies for school district purposes as herein provided commencing with the assessment roll prepared after the taxable status date of March 1 of each year. The assessed value of any exemption granted pursuant to this Article shall be entered by the Assessor on the assessment roll with the taxable property, with the amount of the exemption shown in a separate column E. In the event the real property granted an exemption pursuant to this Article ceases to be used primarily for eligible purposes as set forth in the Industrial/Commercial Incentive Plan, Town of Southold, the exemption granted shall cease. 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. I have a notice that it was posted in the Suffolk Times on the October 24, 2013 as well as on the Town Clerk's bulletin board on October 15, 2013. And that is it. Supervisor Scott A. Russell SUPERVISOR RUSSELL: Would anybody like to be heard on this particular local law? (No response) November 6, 2013 Page 34 Southold Town Board Meeting Councilman Talbot COUNCILMAN TALBOT: Hopefully some of the businesses in town did take advantage of this, we haven't come up with anything like this in recent memory that I know of and it has a potential to be a benefit, so I hope someone takes advantage of it. Closing Statements Supervisor Scott A. Russell SUPERVISOR RUSSELL: Would anybody like to address the Town Board on any issue of mutual interest? (No response) Would anybody like to tell a joke or something? Anything random? (No response) Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 7:23P.M. Y" Eliz eth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Talbot, Councilman SECONDER: Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell