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HomeMy WebLinkAboutAG-10/21/2014 ELIZABETH A. NEVILLE Town Hall, 53095 Main Road TOWN CLERK PO Box 1179 Southold, NY 11971 REGISTRAR OF VITAL STATISTICS Fax (631) 765-6145 MARRIAGE OFFICER Telephone: (631) 765 - 1800 RECORDS MANAGEMENT OFFICER www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER FINAL AGENDA SOUTHOLD TOWN BOARD October 21, 2014 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.southoldtownny.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 October 21, 2014 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee NamePresentAbsentLateArrived Councilman Robert Ghosio  Councilman James Dinizio Jr  Councilman William P. Ruland  Councilwoman Jill Doherty  Southold Town Meeting Agenda - October 21, 2014 Page 2 Justice Louisa P. Evans  Supervisor Scott A. Russell  I. REPORTS 1. Program for the Disabled Monthly Report September 2014 2. Island Group Claim Lag Report 10/1/13-9/30/14 3. Building Department Monthly Report September 2014 4. Planning Board Monthly Report September 2015 5. Zoning Board of Appeals Monthly Report September 2014 II. PUBLIC NOTICES 1. NYS Department of Public Works New Area Code for Suffolk County III. COMMUNICATIONS IV. DISCUSSION 1. 9:00 Am - Missy Weiss, Group for the East End Downs Farm Preserve Operating Budget Proposal 2. 9:15 Am - John Cushman Financial Update & 2015 Tentative Budget 3. 10:00 Am - Leslie Weisman LL/Time Limits on Variances 4. 10:15 Am - John Bredemeyer Removal of Abandoned Vessel 5. Justice Court Update Southold Town Meeting Agenda - October 21, 2014 Page 3 6. LL/First Time Homebuyer CPF Tax Exemption (PH) 7. EXECUTIVE SESSION - Labor Matters Involving Employment of Particular Person/s PLEDGE TO THE FLAG MINUTES APPROVAL RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Tuesday, July 01, 2014 RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Tuesday, August 12, 2014 RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Tuesday, August 26, 2014 RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Tuesday, September 09, 2014 RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Tuesday, September 23, 2014 RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Tuesday, October 07, 2014 V. RESOLUTIONS 2014-824 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby October 21, 2014. Vote Record - Resolution RES-2014-824  Adopted  Yes/AyeNo/NayAbstainAbsent Adopted as Amended  Robert Ghosio  Defeated  James Dinizio Jr  Tabled  WithdrawnWilliam P. Ruland Supervisor's Appt Jill Doherty  Tax Receiver's Appt  Louisa P. Evans  Rescinded  Scott A. Russell Town Clerk's Appt  Southold Town Meeting Agenda - October 21, 2014 Page 4 Supt Hgwys Appt  No Action  Lost 2014-825 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, Wednesday, November 5, 2014 at the Southold Town Hall, Southold, New York at 7:00 P.M.. Vote Record - Resolution RES-2014-825  Adopted Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  Robert Ghosio  Tabled  Withdrawn  James Dinizio Jr Supervisor's Appt  William P. Ruland  Tax Receiver's Appt Jill Doherty  Rescinded Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt  Scott A. Russell  No Action  Lost  2014-826 CATEGORY: Attend Seminar DEPARTMENT: Planning Board Attend Suffolk County Planning Federation Conference RESOLVED that the Town Board of the Town of Southold hereby grants permission to Heather Lanza, Mark Terry, Alyxandra Sabatino and Brian Cummings to attend the 2014 Suffolk County Planning Federation Autumn Conference in Hauppauge, NY, on October 21, 2014 at no cost to the 2014 Planning Board Budget. Vote Record - Resolution RES-2014-826  Adopted  Yes/AyeNo/NayAbstainAbsent Adopted as Amended Robert Ghosio Defeated James Dinizio Jr  Tabled  Southold Town Meeting Agenda - October 21, 2014 Page 5 Withdrawn  William P. Ruland  Supervisor's Appt  Jill Doherty Tax Receiver's Appt Louisa P. Evans  Rescinded Town Clerk's Appt Scott A. Russell  Supt Hgwys Appt  No Action  Lost  2014-827 CATEGORY: Employment - Town DEPARTMENT: Accounting Acknowledges Retirement William Zebroski WHEREAS, the Town of Southold has received email notification on October 8, 2014 from the NYS Retirement System concerning the retirement of William Zebroski effective December 31, 2014 now therefore be it RESOLVEDacknowledges the intent to that the Town Board of the Town of Southold hereby retire of William Zebroski from the position of Custodial Worker I for the Department of Public Works effective December 31, 2014. Vote Record - Resolution RES-2014-827  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  Robert Ghosio  Tabled  Withdrawn  James Dinizio Jr  Supervisor's Appt William P. Ruland Tax Receiver's Appt Jill Doherty  Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell No Action  Lost  2014-828 CATEGORY: Budget Modification DEPARTMENT: Information Technology IT Budget Modification Southold Town Meeting Agenda - October 21, 2014 Page 6 Financial Impact: Budet modification between IT and DPW. Additional funding is required to purchase a new digital recorder for the Meeting Hall. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2014 General Fund Whole Town budget as follows: From : A.1680.4.400.450 Telephone System Maint. $35.00 To : A.1620.2.500.945 Miscellaneous Equipment $35.00 Vote Record - Resolution RES-2014-828  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated Robert Ghosio Tabled Withdrawn James Dinizio Jr  Supervisor's Appt  William P. Ruland  Tax Receiver's Appt  Jill Doherty Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell  No Action Lost 2014-829 CATEGORY: Refund DEPARTMENT: Recreation Authorize Refund for Water Safety Instructor Course RESOLVED that the Town Board of the Town of Southold hereby authorizes that a refund (not to exceed $300) be issued to those individuals who take an American Red Cross Water Safety Instructor Course and subsequently teach swimming lessons over the summer of 2015 for the recreation department. Refund to be issued after the conclusion of the swimming lesson program; said charge to be made to A7020.4.500.420, Youth Program Instructors. Vote Record - Resolution RES-2014-829  Adopted Yes/AyeNo/NayAbstainAbsent Adopted as Amended Robert Ghosio  Defeated James Dinizio Jr Tabled  William P. Ruland Withdrawn  Southold Town Meeting Agenda - October 21, 2014 Page 7 Supervisor's Appt  Jill Doherty  Tax Receiver's Appt  Louisa P. Evans Rescinded Scott A. Russell  Town Clerk's Appt Supt Hgwys Appt No Action  Lost  2014-830 CATEGORY: Employment - Town DEPARTMENT: Accounting Ashley Barr-Tuinman as Unpaid Justice Court Intern RESOLVED the Town Board of the Town of Southold hereby appoints Ashley Barr-Tuinman as an intern in the Southold Town Justice Court effective immediately, to serve in this capacity without compensation. Vote Record - Resolution RES-2014-830  Adopted Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  Robert Ghosio  Tabled  Withdrawn  James Dinizio Jr Supervisor's Appt  William P. Ruland Tax Receiver's Appt Jill Doherty  Rescinded Town Clerk's Appt Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell No Action  Lost  2014-831 CATEGORY: Budget Modification DEPARTMENT: Police Dept Police Department - Budget Modification Financial Impact: Reallocation of funds for the purchase of three light bars for new PD Interceptors RESOLVEDmodifies the 2014 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: Southold Town Meeting Agenda - October 21, 2014 Page 8 From: A.3120.2.500.250 Police, Equipment Other Equipment/ Defribulators $627 A.3120.2.500.875 Police, Equipment Other Equip./Other Vehicle Equip. $3,772 TOTAL $4,399 To: A.3120.2.500.800 Police, Equipment Other Equipment/Light Bars $4,399 TOTAL $4,399 Vote Record - Resolution RES-2014-831  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  Robert Ghosio  Tabled  Withdrawn James Dinizio Jr  Supervisor's Appt William P. Ruland Tax Receiver's Appt  Jill Doherty  Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell No Action  Lost 2014-832 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Accounting Authorize Supervisor to Execute a Municipal Advisory Services Agreement with Munistat Services Inc. RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an agreement with Munistat Services Inc. for 2015 municipal advisory services in connection with the Town’s Statement of Annual Financial and Operating Information in accordance with SEC Rule 15C12-12 and the Town’s Continuing Disclosure Undertaking at a fee not to exceed $3000, as well as other advisory services which may be required in connection with bond financings during 2015 at the fee levels enumerated in Appendix B, said agreement subject to the approval of the Town Attorney. Vote Record - Resolution RES-2014-832  Adopted  Yes/AyeNo/NayAbstainAbsent Adopted as Amended  DefeatedRobert Ghosio Tabled James Dinizio Jr  Withdrawn Southold Town Meeting Agenda - October 21, 2014 Page 9 Supervisor's Appt  William P. Ruland  Tax Receiver's Appt  Jill Doherty Rescinded Louisa P. Evans  Town Clerk's Appt Supt Hgwys Appt Scott A. Russell  No Action  Lost  2014-833 CATEGORY: Budget Modification DEPARTMENT: Town Clerk 2014 Budget Modification - Central Copying Financial Impact: To cover copy paper order before end of the year RESOLVED that the Town Board of the Town of Southold hereby modifies the 2014 General Fund, Whole town budget as follows: TO: A.1670.4.100.100 Central Copying & Mailing $1,748.00 Supplies & Materials Copy Machine Paper FROM: A.1670.4.100.200 Central Copying & Mailing $1,748.00 Supplies & Materials Copy Machine Toner Vote Record - Resolution RES-2014-833  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  Robert Ghosio  Tabled  Withdrawn  James Dinizio Jr  Supervisor's Appt William P. Ruland Tax Receiver's Appt Jill Doherty  Rescinded Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell No Action  Lost  Southold Town Meeting Agenda - October 21, 2014 Page 10 2014-834 CATEGORY: Refund DEPARTMENT: Town Clerk Return of Clean-Up Deposit to on the Mark Locations WHEREAS On The Mark Locations has supplied the Town of Southold with a Clean-up Deposit fee in the amount of $250.00 for their photo shoot and WHEREAS the Southold Town Police Chief, Martin Flatley, has informed the Town Clerk’s office that this fee may be refunded, now therefor be it RESOLVED that Town Board of the Town of Southold hereby authorizes a refund be issued in the amount of $250.00 to On The Mark Locations, Ltd, 310 Greenwich Street, Suite 38G, New York NY 10013. Vote Record - Resolution RES-2014-834  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated Robert Ghosio Tabled Withdrawn James Dinizio Jr  Supervisor's Appt  William P. Ruland  Tax Receiver's Appt  Jill Doherty Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell  No Action Lost 2014-835 CATEGORY: Refund DEPARTMENT: Town Clerk Return of Clean-Up Deposit for a Wedding - Svoboda/Kallus WHEREAS Mark Svoboda supplied the Town of Southold with a Clean-up Deposit fee in the amount of $250.00 for his Beach Wedding at Southold Town Beach and WHEREAS the Southold Town Recreation Director Ken Reeves has informed the Town Clerk’s office that this fee may be refunded, now therefore be it RESOLVED that Town Board of the Town of Southold hereby authorizes a refund be issued in st the amount of $250.00 to Mark J. Svoboda, 2417 41 Street, Apt 3F, Astoria, New York 11103. Southold Town Meeting Agenda - October 21, 2014 Page 11 Vote Record - Resolution RES-2014-835  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated Robert Ghosio Tabled Withdrawn James Dinizio Jr  Supervisor's Appt  William P. Ruland  Tax Receiver's Appt  Jill Doherty Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell  No Action Lost 2014-836 CATEGORY: Refund DEPARTMENT: Town Clerk Return of Clean-Up Deposit to Cystic Fibrosis Foundation WHEREAS the Cystic Fibrosis Foundation supplied the Town of Southold with a Clean-up Deposit fee in the amount of $250.00 for their event and WHEREAS the Southold Town Police Chief Martin Flatley, has informed the Town Clerk’s office that this fee may be refunded, now therefore be it RESOLVED that Town Board of the Town of Southold hereby authorizes a refund be issued in the amount of $250.00 to Cystic Fibrosis Foundation, 6931 Arlington Road, Bethesda, MD 20814. Vote Record - Resolution RES-2014-836  Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated Robert Ghosio  Tabled  Withdrawn  James Dinizio Jr Supervisor's Appt  William P. Ruland  Tax Receiver's Appt  Jill Doherty  Rescinded  Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell  No Action Lost  Southold Town Meeting Agenda - October 21, 2014 Page 12 2014-837 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to the Southold Elementary School to Hold Its Halloween Parade in Southold, on Saturday, October 25, 2014 at 11:00 AM RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Southold PTA to use the following route for its Halloween Parade in Southold, on Saturday, October 25, 2014 at 11:00 A.M. : beginning at the Southold Firehouse, proceed west on Route 25 to Oaklawn Avenue to the elementary school, provided they closely adhere to the all the conditions of the Town’s Policy for Special Events on Town Properties. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. All fees shall be waived. Vote Record - Resolution RES-2014-837  Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated Robert Ghosio  Tabled  Withdrawn  James Dinizio Jr Supervisor's Appt  William P. Ruland  Tax Receiver's Appt  Jill Doherty  Rescinded  Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell  No Action  Lost  2014-838 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Oysterponds Halloween Parade Financial Impact: Police Department cost for the event = $131.98 RESOLVED that the Town Board of the Town of Southold hereby grants a police escort and permission to Oysterponds U.F.S.D to use the following route: Oysterponds Elementary School to Village Lane to Orchard Street to Tabor Road and back to Oysterponds School, for its Annual Halloween Parade in Orient on Friday, October 31, 2014 beginning at 2:00 PM, provided they closely adhere to the all the conditions of the Town’s Policy for Special Events on Town Properties. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. All fees shall be waived. Southold Town Meeting Agenda - October 21, 2014 Page 13 Vote Record - Resolution RES-2014-838  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated Robert Ghosio Tabled Withdrawn James Dinizio Jr  Supervisor's Appt  William P. Ruland  Tax Receiver's Appt  Jill Doherty Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell  No Action Lost 2014-839 CATEGORY: Attend Seminar DEPARTMENT: Human Resource Center Permission for Karen McLaughlin and Jacqui Martinez to Attend SCOFA Public Hearing RESOLVED that the Town Board of the Town of Southold hereby grants permission to Human Services Director, Karen McLaughlin, and Senior Center Manager, Jacqueline Martinez to attend and provide testimony at the Suffolk County Office for the Aging’s Public Hearing on its Annual Implementation Plan on October 29, 2014 in Hampton Bays. Vote Record - Resolution RES-2014-839  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  Robert Ghosio  Tabled  Withdrawn James Dinizio Jr  Supervisor's Appt William P. Ruland Tax Receiver's Appt Jill Doherty  Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell No Action  Lost  2014-840 CATEGORY: Attend Seminar DEPARTMENT: Human Resource Center Southold Town Meeting Agenda - October 21, 2014 Page 14 Permission for Jean DeLorme to Attend NYS Adult Day Services Assoc. Training RESOLVED that the Town Board of the Town of Southold hereby grants permission to Jean DeLorme, Adult Day Care Supervisor, to attend the New York State Adult Day Services Association’s training on NYS Standards and Regulations for Social Model Adult Day Care providers at Parker Jewish Institute for Health Care and Rehabilitation in New Hyde Park , on December 12, 2014. All expenses for registration, travel to be a legal charge to the 2014 Programs for the Aging budget (meetings and seminars). Vote Record - Resolution RES-2014-840  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  Robert Ghosio  Tabled  Withdrawn  James Dinizio Jr  Supervisor's Appt William P. Ruland Tax Receiver's Appt Jill Doherty  Rescinded Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell No Action  Lost  2014-841 CATEGORY: Authorize Payment DEPARTMENT: Town Attorney Lubitz Claim Settlement/Authorize Payment to Starlite Auto Body RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the payment of the sum of $954.00 to Starlite Auto Body, Inc. for repairs to a vehicle owned by Steven Lubitz in connection with property damage stemming from an incident on July 1, 2014, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2014-841  Adopted Yes/AyeNo/NayAbstainAbsent Adopted as Amended Defeated  Robert Ghosio  Tabled  James Dinizio Jr Withdrawn  William P. Ruland  Supervisor's Appt  Tax Receiver's Appt  Jill Doherty  Rescinded Louisa P. Evans Town Clerk's Appt Scott A. Russell  Supt Hgwys Appt No Action  Lost  Southold Town Meeting Agenda - October 21, 2014 Page 15 2014-842 CATEGORY: Authorize Payment DEPARTMENT: Town Attorney Brian Shelby Notice of Claim/Authorize Payment to Starlite Auto Body RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the payment of the sum of $811.50 to Starlite Auto Body, Inc. for repairs to a vehicle owned by Brian Shelby in connection with property damage stemming from an incident that occurred on or about July 1, 2014, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2014-842  Adopted  Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated Robert Ghosio Tabled Withdrawn  James Dinizio Jr  Supervisor's Appt  William P. Ruland  Tax Receiver's Appt  Jill Doherty Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt Scott A. Russell  No Action Lost 2014-843 CATEGORY: Employment - Town DEPARTMENT: Accounting Tax Receivers' Office-Request to Advertise for Seasonal PT Clerk RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise for the position of Seasonal PT Clerk for the Tax Receivers Office at rate of $12.92 per hour. Vote Record - Resolution RES-2014-843  Yes/AyeNo/NayAbstainAbsent Adopted  Adopted as Amended  Robert Ghosio  Defeated James Dinizio Jr Tabled William P. Ruland  Withdrawn  Supervisor's Appt  Jill Doherty  Southold Town Meeting Agenda - October 21, 2014 Page 16 Tax Receiver's Appt  Louisa P. Evans  Rescinded  Scott A. Russell Town Clerk's Appt Supt Hgwys Appt No Action Lost  2014-844 CATEGORY: Equipment DEPARTMENT: Accounting Transfer Vehicle from HRC to Central Garage transfers Asset 2913, a 2003 RESOLVED that the Town Board of the Town of Southold hereby Chrysler Voyager, Tag no. N5 , from Programs for the Aging to Central Garage effective immediately. Vote Record - Resolution RES-2014-844  Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated  Robert Ghosio  Tabled  Withdrawn  James Dinizio Jr Supervisor's Appt  William P. Ruland  Tax Receiver's Appt  Jill Doherty  Rescinded Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell  No Action  Lost  2014-848 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to the Cutchogue Fire Department to Hold Its Halloween Parade RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Cutchogue Fire Department to use the following route for its Halloween Parade in Southold, on Friday, October 31, 2014 at 6:00 P.M. : beginning at the Cutchogue West School, proceeding west on Route 25 to New Suffolk Road, Cutchogue to the Fire Department, provided they closely adhere to the all the conditions of the Town’s Policy for Special Events on Southold Town Meeting Agenda - October 21, 2014 Page 17 Town Properties. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. All fees shall be waived with the exception of the clean-up deposit. Vote Record - Resolution RES-2014-848  Adopted Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  Robert Ghosio  Tabled  Withdrawn  James Dinizio Jr  Supervisor's Appt  William P. Ruland Tax Receiver's Appt Jill Doherty  Rescinded Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell No Action  Lost  2014-850 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification for 375Th Anniversary Committee Financial Impact: Provide appropriation for Secretary for 375th anniversary committee RESOLVED that the Town Board of the Town of Southold hereby modifies the 2014 General Fund Whole Town budget as follows: From: A.1010.4.400.300 Communications/Public Information $1,200 Total $1,200 To: A.1010.1.100.250 Overtime, 375th Committee $1,200 Total $1,200 Vote Record - Resolution RES-2014-850  Adopted Yes/AyeNo/NayAbstainAbsent Adopted as Amended Robert Ghosio  Defeated  Tabled  James Dinizio Jr Withdrawn  William P. Ruland  Supervisor's Appt  Jill Doherty  Tax Receiver's Appt  Rescinded Louisa P. Evans Town Clerk's Appt Scott A. Russell  Supt Hgwys Appt Southold Town Meeting Agenda - October 21, 2014 Page 18 No Action  Lost  2014-853 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Accept Bid and Authorize Supervisor to Execute Agreement/South Fork Asphalt WHEREAS , the Environmental Conservation Law (ECL) authorized State assistance to the Town of Southold for the water quality improvement project known as Grove Road Stormwater Project by means of Contract C-303426; and WHEREAS , the Town Board of the Town of Southold deems it to be in the public interest and benefit under this Contract to enter into an Agreement with South Fork Asphalt Inc. to perform the work necessary to construct the Project; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of South Fork Asphalt Inc. in the sum of $49,490.00 upon recommendation by the Town Engineer to construct the Grove Road Stormwater Project, all in accordance with plans and provisions of Contract #C-303426 Peconic Bay Estuary Program, Amendment No.3, dated August 25, 2014; and be it further RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Agreement between the Town of Southold and South Fork Asphalt Inc. in the amount of $49,490.00, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2014-853  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  Robert Ghosio Tabled Withdrawn James Dinizio Jr  Supervisor's Appt  William P. Ruland  Tax Receiver's Appt  Jill Doherty Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell  No Action Lost Southold Town Meeting Agenda - October 21, 2014 Page 19 2014-854 CATEGORY: Fmla DEPARTMENT: Accounting Grant FMLA Leave to a Town Employee RESOLVED that the Town Board of the Town of Southold hereby grants a leave of absence for up to 12 weeks to Employee #8237 effective October 28, 2014 pursuant to the Family Medical Leave Act. Vote Record - Resolution RES-2014-854  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  Robert Ghosio Tabled Withdrawn James Dinizio Jr  Supervisor's Appt  William P. Ruland  Tax Receiver's Appt  Jill Doherty Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell  No Action  Lost 2014-855 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Appoint Helicopter Noise Steering Committee Member RESOLVED the Town Board of the Town of Southold hereby appoints Teresa McCaskie to the Southold Town Helicopter Noise Steering Committee to serve at no compensation. Vote Record - Resolution RES-2014-855  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  Robert Ghosio  Tabled  Withdrawn  James Dinizio Jr  Supervisor's Appt William P. Ruland Tax Receiver's Appt Jill Doherty  Rescinded Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell No Action  Lost  Southold Town Meeting Agenda - October 21, 2014 Page 20 2014-851 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney PH 11/18/14 @ 7:32 PM LL/Time Limits on Variances WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk st “A Local Law in County, New York, on the 21 day of October, 2014, a Local Law entitled relation to Amendments to Chapter 280, Zoning, in connection with Time Limits on Variances” now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the th 18 aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the day of November, 2014, at 4:32 p.m. at which time all interested persons will be given an opportunity to be heard. “A Local Law in relation to Amendments to Chapter 280, The proposed Local Law entitled, Zoning, in connection with Time Limits on Variances” reads as follows: LOCAL LAW NO. 2014 “A Local Law in relation to Amendments to Chapter 280, Zoning, in A Local Law entitled, connection with Time Limits on Variances” . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town Board of the Town of Southold has determined that variances which are not acted upon within a reasonable time may become stale and incompatible with the surrounding community due to changed conditions. Therefore, the Town Board, upon the recommendation of the Board of Appeals, in order to protect the health, safety and welfare of the community, requires that variances have a limited duration of three (3) years, with the possibility of three (3) consecutive one (1) year extensions at the discretion of the Board of Appeals. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-146. Powers and duties. B. Variances: Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of these regulations, the Board of Appeals shall have the power to vary or modify the application of such regulations so that Southold Town Meeting Agenda - October 21, 2014 Page 21 the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done. Effective as of January 1, 2015, any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk, within three (3) years from the date such variance was granted, unless the Board of Appeals, upon written request, grants an extension not to exceed three (3) consecutive one (1) year terms. 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-2014-851  Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated  Robert Ghosio  Tabled  Withdrawn  James Dinizio Jr Supervisor's Appt  William P. Ruland  Tax Receiver's Appt  Jill Doherty  Rescinded Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell  No Action  Lost  2014-852 CATEGORY: Legislation DEPARTMENT: Town Attorney LL/Time Limits on Variances 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 280, Zoning, in connection with Time Limits on Variances” to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations and reports. Vote Record - Resolution RES-2014-852  AdoptedYes/AyeNo/NayAbstainAbsent Southold Town Meeting Agenda - October 21, 2014 Page 22 Adopted as Amended  Robert Ghosio  Defeated  James Dinizio Jr Tabled William P. Ruland  Withdrawn Supervisor's Appt Jill Doherty  Tax Receiver's Appt  Louisa P. Evans Rescinded  Scott A. Russell  Town Clerk's Appt  Supt Hgwys Appt  No Action  Lost 2014-846 CATEGORY: Misc. Public Hearing DEPARTMENT: Town Clerk Set PH for 2015 Budget th RESOLVED 4:00 PM, Wednesday, on the 5 of that this Town board shall meet at November, 2014, at the Southold Town Hall for the purpose of holding a public hearing on the Preliminary Budget, and after all persons attending said hearing shall have had an opportunity to be heard in favor or against the Preliminary Budget as compiled, or for or against any item and thereafter convened at 7:00 PM items therein contained, that said hearing be then recessed and on said day for the same purpose; and be it RESOLVED FURTHER that the Preliminary Budget will be available for viewing on the Southold Town official website: www.southoldtownny.gov, and be it RESOLVED FURTHER that the Town Clerk shall give notice of such hearings in the manner provided for in Section 108 of the Town Law and that such notice be published in substantially the following form: NOTICE OF PUBLIC HEARING ON THE 2015 PRELIMINARY BUDGET AND 2015 PRELIMINARY CAPITAL BUDGET NOTICE IS HEREBY GIVEN that the Preliminary Budget and Preliminary Capital Budget of the Town of Southold, Suffolk County, New York for the fiscal year beginning on January 1, 2015 has been prepared and approved by the Southold Town Board and filed in the Office of the Town Clerk at the Southold Town Hall, 53095 Main Road, Southold, New York, where they are available for inspection and where copies may be obtained by any interested person during business hours. Southold Town Meeting Agenda - October 21, 2014 Page 23 , FURTHER NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold will public meet and review said Preliminary Budget and Preliminary Capital Budget and hold a hearing thereon at the Southold Town Hall, 53095 Main Road, Southold, New York, in said 4:00 p.m. and at 7:00 p.m., on Wednesday, November 5, 2014 Town at , and at such hearing any persons may be heard in favor of or against the 2015 Preliminary Budget and 2015 Preliminary Capital Budget as compiled, or for or against any item or items therein contained. FURTHER NOTICE IS HEREBY GIVEN that pursuant to Section 108 of the Town Law, the following are proposed yearly salaries of members of the Town Board, the Town Clerk and the Superintendent of Highways: SCHEDULE OF SALARIES OF ELECTED OFFICIALS (ARTICLE 8 OF TOWN LAW) Officer Members of the Town Board (4) @ $ 33,716 Town Justice and Member of the Town Board, Fishers Island $ 51,415 Town Justices (2) @ $ 68,969 Town Clerk $ 98,639 Superintendent of Highways $ 102,370 Tax Receiver $ 38,486 Assessors (3) @ $ 73,728 Trustees (5) @ $ 18,619 Vote Record - Resolution RES-2014-846  Adopted  Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated Robert Ghosio Tabled Withdrawn  James Dinizio Jr  Supervisor's Appt  William P. Ruland  Tax Receiver's Appt  Jill Doherty Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt Scott A. Russell  No Action Lost Southold Town Meeting Agenda - October 21, 2014 Page 24 2014-847 CATEGORY: Subdivisions DEPARTMENT: Planning Board Sidor ODA Approval Resolution WHEREAS, on October 6, 2014, the Southold Town Planning Board granted Sketch Approval on the Sketch Plat prepared by prepared by Fox Land Surveying, dated February 19, 2014, for an Open Development Area pursuant to 240-26(A) of the Town Code; and WHEREAS, the Town Board has received a petition from Esseks, Hefter & Angel, LLP to establish an Open Development Area pursuant to Chapter 240 of the Town Code on the property identified as part of SCTM#1000-100-4-4 and located in the A-C Zoning District; and WHEREAS, the requested Open Development Area is located on 7.2 acres of the 61.1 acre parcel with the Open Development Area consisting of three lots ranging in size from 1.8 to 2.4+/- acres per lot; and WHEREAS, the Development Rights to the remaining 53.9 acres will be acquired by the Town using Community Preservation Funds and a grant from the United States Department of Agriculture Natural Resources Conservation Service and the 53.9 acre area will be subject to a Development Rights Easement; and WHEREAS, the Open Development Area Plan was found to be consistent with the Sketch Plan approved on October 6, 2014 by the Planning Board; and WHEREAS, on October 7, 2014, the Town Board adopted a resolution accepting the petition as complete and setting the public hearing for October 21, 2014; and WHEREAS, on October 21, 2014 the Town Board held and closed a public hearing on the proposed establishment of the Open Development Area; and WHEREAS, the Town Board finds that the requirements for the establishment of an Open Development Area pursuant to Southold Town Code Chapter 240, ARTICLE VIII, Open Development Area have been met; and WHEREAS, the Town Board performed a coordinated review of this Type I action pursuant to 6 NYCRR Part 617, Section 617.7 of the State Environmental Quality Review Act (SEQRA); and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has recommended that this action is consistent with the LWPR; therefore be it Southold Town Meeting Agenda - October 21, 2014 Page 25 RESOLVED, that the Town Board of the Town of Southold, pursuant to SEQRA, hereby establishes itself as lead agency and as lead agency, makes a determination of non-significance for the proposed action and issues a Negative Declaration; and be it further RESOLVED, that the Town Board of the Town of Southold hereby grants approval for the establishment of an Open Development Area as shown on the map prepared by Fox Land Surveying entitled “Development Rights Easement Survey prepared for Town of Southold”, dated Sep 22, 2014 and last revised Oct 1, 2014, and labeled “Reserve Area A” and “Reserve Area B”, subject to the following conditions: 1. Revise the Open Development Area map referenced above (mylars and paper) to show the following: a. Replace the notations “Reserve Area A” and “Reserve Area B” with the notation “Open Development Area”. b. Revise the title of the map to show “Open Development Area Martin Sidor”. 2. The approval of the Open Development Area shall not be valid if the Sale of the Development Rights to the Town is not completed and a copy of the recorded deed of development rights is not submitted to the Town of Southold Town Board on or before one year from the date of this approval. Vote Record - Resolution RES-2014-847  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  Robert Ghosio Tabled Withdrawn James Dinizio Jr  Supervisor's Appt  William P. Ruland  Tax Receiver's Appt  Jill Doherty Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell  No Action Lost 2014-845 CATEGORY: Property Acquisition Purchase DEPARTMENT: Land Preservation SEQRA/Accept Land Donation SINATRA st WHEREAS, the Town Board of the Town of Southold held a public hearing on the 21 day of October, 2014, on the question of adding a parcel owned by Richard Sinatra and Camille Sinatra to the Town’s Community Preservation Fund Eligible Parcel List and for accepting a land donation of fee title to said parcel for open space and passive recreational purposes, pursuant to Southold Town Meeting Agenda - October 21, 2014 Page 26 the provisions of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code of the Town of Southold, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as SCTM #1000-22.-3-5.1 and No # Kayleigh’s Court, East Marion, New York, and is located at the end of Kayleigh’s Court starting with a dirt access which is a part of the property in East Marion in the R-80 zoning district; and WHEREAS, the open space acquisition is for fee title of the ±10 acre property; and WHEREAS, the property includes existing Subdivision Open Space and a two (2) acre development area. The Town’s database incorrectly coded this property as entirely Subdivision Open Space when in fact it includes a two (2) acre development area. The database error resulted in the property being included on the list of Preserved Lands instead of included on the list of Eligible Parcels. The Town is adding the property to the list of Eligible Parcels for purposes of open space preservation, similar to the criteria listed for the properties in the vicinity of the subject property which are on the current Eligible Parcel List; and WHEREAS, the subject property will be added to the Community Preservation Project Plan Eligible Parcel List and its acquisition costs associated with the transfer of fee title will be funded by the Community Preservation Fund. The purpose of the acquisition is for the preservation of open space and passive recreation; and WHEREAS, the acquisition of this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code of the Town of Southold; and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has determined that this action is consistent with the LWRP; and WHEREAS, as per Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5, the Land Preservation Coordinator and the Town Board have reviewed the acquisition and have determined that one (1) sanitary flow credit is available upon the Town’s acquisition of the property. The transfer of the Sanitary Flow Credit into the Town TDR Bank will not be finalized, and shall not occur, until the Town closes on the property, and the Town Board passes a resolution allowing the transfer into the Town TDR Bank; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition and recommends that the Town Board acquire the property; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold accept the land donation of fee title to the subject property for the purpose of the preservation of open space and passive recreation; and Southold Town Meeting Agenda - October 21, 2014 Page 27 WHEREAS, THE TOWN BOARD OF THE TOWN OF SOUTHOLD CLASSIFIES THIS ACTION AS AN UNLISTED ACTION PURSUANT TO THE SEQRA RULES AND REGULATIONS, 6NYCRR 617.1 ET. SEQ.; AND, WHEREAS, the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and, WHEREAS, the Town Board of the Town of Southold accepted the Short Environmental Form for this project that is attached hereto; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action; and, be it further RESOLVED that the subject property is hereby added to the Community Preservation Project Plan Eligible Parcel List and a copy of the plan shall be filed with the Commissioner of Environmental Conservation, the Commissioner of Agriculture and Markets, and the Commissioner of the Office of Parks, Recreation and Historic Preservation; and, be it further RESOLVED that the Town Board of the Town of Southold hereby elects to accept the land donation of fee title to property owned by Richard Sinatra and Camille Sinatra, identified as SCTM #1000-22.-3-5.1. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the LWRP Coordinator and the Town Board has determined that this action is consistent with the LWRP. The Town Board has reviewed the acquisition and has determined that one (1) sanitary flow credit is available upon the Town’s acquisition of the property. The transfer of the Sanitary Flow Credit into the Town TDR Bank will not be finalized, and shall not occur, until the Town closes on the property, and the Town Board passes a resolution allowing the transfer into the Town TDR Bank. Vote Record - Resolution RES-2014-845  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  Robert Ghosio  Tabled  Withdrawn  James Dinizio Jr  Supervisor's Appt William P. Ruland Tax Receiver's Appt Jill Doherty  Rescinded Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell No Action  Lost  2014-849 Southold Town Meeting Agenda - October 21, 2014 Page 28 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL/1St Time Homebuyer CPF Exemption WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk th “A Local Law in County, New York, on the 7 day of October, 2014, a Local Law entitled relation to Amendments to Chapter 17, Community Preservation Fund, in connection with First Time Homebuyer Exemption.”, and WHEREAS that 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, and now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local “A Local Law in relation to Amendments to Chapter 17, Community Law entitled, Preservation Fund, in connection with First Time Homebuyer Exemption” reads as follows: LOCAL LAW NO. 11 of 2014 “A Local Law in relation to Amendments to Chapter 17, Community A Local Law entitled, Preservation Fund, in connection with First Time Homebuyer Exemption” . BE IT ENACTED by the Town Board of the Town of Southold as follows: I.Purpose. The Town Board has determined that in order to promote the affordability of home ownership within the Town for first-time homebuyers, certain first-time homebuyers may be exempt from the Peconic Bay Region Community Preservation Fund transfer tax in accordance with the recent amendment to New York State §1449-ee(4). II. Chapter 17 of the Code of the Town of Southold is hereby amended as follows: §17-4. Definitions. As used in this article, the following words and terms shall have the meanings indicated: 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). FIRST TIME HOMEBUYER - A person who has not owned a primary residential property and is not married to a person who has owned a residential property during the three-year period prior to his or her purchase of the primary residential property, and who does not own a vacation or investment home. Southold Town Meeting Agenda - October 21, 2014 Page 29 PRIMARY RESIDENTIAL PROPERTY – Any one or two family house, townhouse or condominium located in the Town of Southold which is to be owner occupied by such homebuyer. §17-25. Additional exemptions. A. There shall be allowed an exemption of $150,000 on the consideration of the conveyance of improved real property or an interest therein. B. There shall be an exemption of $75,000 on the consideration of the conveyance of unimproved real property or an interest therein. C. There shall be allowed an exemption for a first time homebuyer where the purchase price of the primary residential property is within sixty percent of the purchase price limits defined by the State of New York Mortgage Agency Low Interest Rate Mortgage Program (SONYMA) in the non-target one-family categories for Suffolk County in effect on the contract date for the sale of such property and the homebuyer’s household income does not exceed the income limits defined by SONYMA’s Low Interest Rate Mortgage Program in the non-target, one and two person household category for Suffolk County in effect on the contract date for the sale of such property. 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-2014-849  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  Robert Ghosio Tabled Withdrawn James Dinizio Jr  Supervisor's Appt William P. Ruland  Tax Receiver's Appt  Jill Doherty Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell  No Action  Lost VI. PUBLIC HEARINGS Southold Town Meeting Agenda - October 21, 2014 Page 30 Motion To: Motion to recess to Public Hearing RESOLVEDbe and hereby is declared that this meeting of the Southold Town Board Recessed in order to hold a public hearing. 1. Sidor ODA Set Hearing 2. Set P.H. Sinatra Land Donation 3. PH 10/21/14 @ 7:34 PM LL/1St Time Homebuyer CPF Exemption Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at __________ P.M. * * * * * Elizabeth A. Neville Southold Town Clerk