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Home My WebLink AboutAG-11/18/2014 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 November 18, 2014 4:30 PM POLICY: At scheduled Town Board meetings, the attending public is encouraged to briefly address the Town Board relating to agenda resolutions prior to their enactment; the public will also be given time at the conclusion of the regularly scheduled business agenda to address the Board on any given topic. ONLINE ACCESS: The Agenda is generally available the Friday before the meeting. The video of the meeting is usually available 1-2 hours after the meeting. Minutes with adopted resolutions are available 1-2 days after the meeting. A full copy of the minutes, agenda and meeting video can be viewed in one of two ways: (1) The town of Southold website: www.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 4:30 PM Meeting called to order on November 18, 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 - November 18, 2014 Page 2 Justice Louisa P. Evans  Supervisor Scott A. Russell  I. REPORTS 1. Town Clerk Monthly Report October 2014 2. Programs for the Disabled Monthly Report October 2014 3. Trustees Monthly Report October 2014 4. Claim Lag Report 11/1/13-10/31/14 5. Town Clerk Quarterly Report July-Sept 2014 6. Planning Board Monthly Report October 2014 II. PUBLIC NOTICES 1. S.C. Dept of Economic Development & Planning Public Meeting - Aquaculture Lease Program - 12/9/14 4:00 pm - 6:00 pm III. COMMUNICATIONS IV. DISCUSSION 1. 9:00 Am - John Cushman 2015 Budget 2. 9:15 Am - John Bredemeyer Potential Use of the Cornell Marine Program Lab at Cornell Cedar Beach Boat Restrictions at the Goose Creek Bathing Beach Quotes for Removal of Boat from James Creek 3. 9:30 Am - Kevin Webster, Bob Scott and Scott DeSimone Appraisal for Peconic Landing 4. Jim Bunchuck Fees on Disposal & Sale of Woodchips Southold Town Meeting Agenda - November 18, 2014 Page 3 5. 10:00 Am - Councilman Ghosio Budget for Southold Town 375th Anniversary Committee 6. 10:15 Am - Mark Terry LL/Amendments to Chapter 280 in connection with Floating Zone District (Code Committee) 7. LL/Time Limits of Variances (PH) 8. LL/Amendments to Chapter 240 in Connection with Tree Fund 9. EXECUTIVE SESSION - Labor Matters involving Employment of Particular Person/s 11:00 am - Chief Flatley 10. EXECUTIVE SESSION - Litigation Potential Claim - TOS v. American Tower Corp. 11. 10:30 Am - Michael Collins Highway Fueling Station Bid Results V. RESOLUTIONS 2014-892 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby November 18, 2014. Vote Record - Resolution RES-2014-892  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 - November 18, 2014 Page 4 2014-893 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, December 2, 2014 at the Southold Town Hall, Southold, New York at 7:30 P.M.. Vote Record - Resolution RES-2014-893  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  2014-894 CATEGORY: Budget Modification DEPARTMENT: Recreation Budget Modification Recreation Department Financial Impact: Additional appropriations to cover estimated expenses for recreation program instructors and youth program supplies. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2014 General Fund Whole Town budget as follows: From: A7180.1.300.100 Beaches, Seasonal, Regular Earnings $6,500 Total $6,500 To: A7020.4.500.420Recreation,Youth Program Instructors $5,000 A7020.4.100.150 Recreation,Youth Program Supplies $1,500 Total $6,500 Southold Town Meeting Agenda - November 18, 2014 Page 5 Vote Record - Resolution RES-2014-894  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 2014-895 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification for Highway Fund Financial Impact: Replenish resurfacing projects used for culvert replacement RESOLVED that the Town Board of the Town of Southold hereby modifies the 2014 Highway Fund Part Town budget as follows: Increase Revenues: DB.5990.00 Appropriated Fund Balance $38,629 Decrease Appropriations: DB.5110.4.400.350 General Repairs, Culvert Repair 1,371 Total $40,000 Increase Appropriations: DB.5110.4.100.900 General Repairs, Resurfacing Projects $40,000 Total $40,000 Vote Record - Resolution RES-2014-895  Adopted  Yes/AyeNo/NayAbstainAbsent Adopted as Amended Robert Ghosio  Defeated James Dinizio Jr  Tabled Withdrawn  William P. Ruland Supervisor's Appt  Jill Doherty  Tax Receiver's Appt  Louisa P. Evans  Rescinded  Southold Town Meeting Agenda - November 18, 2014 Page 6 Town Clerk's Appt  Scott A. Russell  Supt Hgwys Appt  No Action Lost 2014-896 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Recreation Hire Recreation Program Instructor Resolved that the Town Board of the Town of Southold authorizes and directs Supervisor Scott A. Russell to execute an agreement with the following individual for the winter 2015 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 2015 instructor line A7020.4.500.420. Daniel Gladstone (String Orchestra Program) $30/hour Vote Record - Resolution RES-2014-896  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  2014-897 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification for Employee Health Plan Financial Impact: Increase the appropriation for Medicare premium reimbursements, mostly reflective of an IRMAA adjustment retroactive to 11/1/2012. Southold Town Meeting Agenda - November 18, 2014 Page 7 RESOLVED that the Town Board of the Town of Southold hereby modifies the 2014 Employee Health Benefit Plan budget as follows: From: MS.1910.4.000.000 Insurance $14,000 To: MS.1989.4.000.000 Medicare Reimbursement $14,000 Vote Record - Resolution RES-2014-897  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  2014-898 CATEGORY: Refund DEPARTMENT: Town Attorney Authorize Refund to Philip M. Bianculli/LFirst Time Homebuyer CPF Exemption RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund (from Account #H3.1189.10) to Philip M. Bianculli from the Town of Southold in the amount of $2,280.00 in connection with his payment of the Community Preservation Fund tax on property in Southold (SCTM #1000-51-6-20) purchased by Mr. Bianculli on November 7, 2014, as Mr. Bianculli qualifies for the First Time Homebuyer exemption set forth in §17-25(C) of the Southold Town Code. Vote Record - Resolution RES-2014-898  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 - November 18, 2014 Page 8 Supt Hgwys Appt  No Action  Lost 2014-899 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney PD Job Shadow/Work Program W/Eastern Long Island Academy of Applied Technology RESOLVED that the Town Board of the Town of Southold hereby authorizes Chief Martin Flatley to participate in a Job Shadow/Work Experience Program with Eastern Long Island Academy of Applied Technology (“ELIAAT”) and to execute the Memorandum of Agreement between the Town of Southold and ELIAAT setting forth the terms of participation, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2014-899  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 2014-900 CATEGORY: Budget Modification DEPARTMENT: Highway Department 2014 Highway Dept Budget Mod Financial Impact: transfer funds from light duty to heavy duty equipment RESOLVEDmodifies the 2014 Highway that the Town Board of the Town of Southold hereby Fund Part Town budget line items as follows: From: DB.5130.2.300.200 Machinery Southold Town Meeting Agenda - November 18, 2014 Page 9 Equipment & Capital Outlay Motor Vehicles Heavy Duty Vehicles $ 110,000.00 TOTAL: $ 110,000.00 To: DB.5130.2.300.100 Machinery Equipment & Capital Outlay Motor Vehicles Light Duty Vehicles $ 110,000.00 TOTAL: $ 110,000.00 Vote Record - Resolution RES-2014-900  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 2014-901 CATEGORY: Budget Modification DEPARTMENT: Fishers Island Ferry District 2014 FIFD Budget Modification Financial Impact: correct under funded accounts 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 10, 2014, which amended the 2014 Fishers Island Ferry District budget. Vote Record - Resolution RES-2014-901  Adopted  Yes/AyeNo/NayAbstainAbsent Adopted as Amended  Defeated Robert Ghosio  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  Southold Town Meeting Agenda - November 18, 2014 Page 10 Supt Hgwys Appt  Scott A. Russell  No Action  Lost 2014-902 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Appoint James Moore Full Time Cashier RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted November 10, 2014 that reassigns James Moore to the position of full time Cashier. Vote Record - Resolution RES-2014-902  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 2014-903 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Appoint Amy Ruffin Full Time Deckhand RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted November 10, 2014 that reassigns Amy Ruffin to the position of full time Deckhand. Vote Record - Resolution RES-2014-903  Adopted  Yes/AyeNo/NayAbstainAbsent Adopted as Amended Robert Ghosio Defeated James Dinizio Jr  Tabled  Southold Town Meeting Agenda - November 18, 2014 Page 11 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  2014-904 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Appoint Christopher Newell Full Time Deckhand RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted November 10, 2014 that reassigns Christopher Newell to the position of full time Deckhand. Vote Record - Resolution RES-2014-904  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  2014-905 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Appoint Brian Busse, III Part Time Deckhand RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted November 10, 2014 that reassigns Brian Busse, III to the position of part time Deckhand. Southold Town Meeting Agenda - November 18, 2014 Page 12 Vote Record - Resolution RES-2014-905  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 2014-906 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Appoint Darcy Scroxton Part Time Cashier RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted November 10, 2014 that reassigns Darcy Scroxton to the position of part time Cashier. Vote Record - Resolution RES-2014-906  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  2014-907 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Appoint Scott Fenton Part Time Call in Deckhand Southold Town Meeting Agenda - November 18, 2014 Page 13 RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted November 10, 2014 that reassigns Scott Fenton to the position of part time call-in Deckhand. Vote Record - Resolution RES-2014-907  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 2014-908 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Appoint Jason Marks Part Time Call in Deckhand RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted November 10, 2014 that reassigns Jason Marks to the position of part time call-in Deckhand. Vote Record - Resolution RES-2014-908  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 - November 18, 2014 Page 14 2014-909 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Approves Voluntary Resignation of Justin Carlson RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted November 10, 2014 that approves the voluntary resignation of Justin Carlson. Vote Record - Resolution RES-2014-909  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 2014-910 CATEGORY: Budget Modification DEPARTMENT: Accounting Create Capital Project for Police Server Upgrade Financial Impact: Create capital project for Police Server Upgrade WHEREAS the Town Board of the Town of Southold adopted a 2014 Capital Budget which includes a $70,000 appropriation for a Police Server Upgrade, and WHEREAS the Town’s Capital Budget process requires a resolution to formally establish Capital Budget items in the Capital Fund, now therefore be it RESOLVED authorizes the that the Town Board of the Town of Southold hereby establishment of the following Capital Project in the 2014 Capital Fund : Capital Project Name:Police Server Upgrade Financing Method: Transfer from the General Fund Whole Town Southold Town Meeting Agenda - November 18, 2014 Page 15 Budget: Revenues: H.5031.33 Interfund Transfers $70,000 Total $70,000 Appropriations: H.1680.2.600.600 Data Processing Capital Outlay Police Server Upgrade $70,000 Total $70,000 Vote Record - Resolution RES-2014-910  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 2014-911 CATEGORY: Budget DEPARTMENT: Town Clerk Adopt Such Preliminary Capital Budget as the Annual Capital Budget of This Town for the Fiscal Year Beginning on the 1St January 2015 WHEREAS , the Town Board of the Town of Southold has met at the time and place specified in the notice of public hearings on the Preliminary Capital Budget for the fiscal year beginning on January 1, 2015, and heard all persons desiring to be heard thereon, now, therefore, be it RESOLVEDhereby adopt such that the Town Board of the Town of Southold does Preliminary Capital Budget, as amended, as the Annual Capital Budget of this Town for st the fiscal year beginning on the 1 January 2015 ; and be it FURTHER RESOLVED that such capital budget as adopted by this Board be entered in detail in the minutes of the proceedings of this Town Board; and be it FURTHER RESOLVED that the Town Clerk of the Town of Southold shall prepare and certify copies of said annual Capital Budget as adopted by the Town Board of the Town of Southold, together with the estimates, if any, adopted pursuant to Section 202a, Subdivision 5 of the Town Law, and deliver a copy thereof to the County Legislature of the County of Suffolk. Southold Town Meeting Agenda - November 18, 2014 Page 16 Vote Record - Resolution RES-2014-911  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 2014-912 CATEGORY: Budget DEPARTMENT: Town Clerk Adopt 2015 Annual Budget WHEREAS, the Town Board of the Town of Southold has met at the time and place specified in the notice of public hearings on the Preliminary Budget for the fiscal year beginning on January 1, 2015, and heard all persons desiring to be heard thereon; now, therefore, be it RESOLVED adopt such that the Town Board of the Town of Southold does hereby Preliminary Budget as the Annual Budget of this Town for the fiscal year beginning on the st 1 day of January 2015 ; and be it FURTHER RESOLVED that such budget as adopted by this Board be entered in detail in the minutes of the proceedings of this Town Board; and be it FURTHER RESOLVED that the Town Clerk of the Town of Southold shall prepare and certify copies of said annual budget as adopted by the Town Board of the Town of Southold, together with the estimates, if any, adopted pursuant to Section 202a, Subdivision 5 of the Town Law, and deliver a copy thereof to the County Legislature of the County of Suffolk. Vote Record - Resolution RES-2014-912  Adopted  Yes/AyeNo/NayAbstainAbsent Adopted as Amended  Robert Ghosio Defeated  TabledJames Dinizio Jr  Withdrawn William P. Ruland  Supervisor's Appt Jill Doherty Tax Receiver's Appt Southold Town Meeting Agenda - November 18, 2014 Page 17 Rescinded  Louisa P. Evans  Town Clerk's Appt  Scott A. Russell Supt Hgwys Appt No Action Lost 2014-913 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Clerk Accept Bid and Authorize Supervisor to Execute Agreement/Aventura RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Aventura in the sum of $948,850.00 ($933,850.00 plus Alter #1 - $12,000.00 and Alter #2 - $3,000.00 upon recommendation by the Town Engineer to construct a Fuel Dispensing Facility at the Southold town Highway all in accordance with plans; 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 Aventura in the total amount of $948,850.00, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2014-913  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  2014-914 CATEGORY: Seqra DEPARTMENT: Town Attorney SEQRA LL/Time Limits on Variances Southold Town Meeting Agenda - November 18, 2014 Page 18 RESOLVED that the Town Board of the Town of Southold hereby determines that the proposed Local Law entitled “A Local Law in Relation to Amendments to Chapter 280, Zoning, in connection with Time Limits on Variances” is classified as a Type II action pursuant to SEQRA rules and regulations, and is not subject to further review under SEQRA and is exempt from LWRP review pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. Vote Record - Resolution RES-2014-914  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 2014-915 CATEGORY: Employment - Town DEPARTMENT: Town Attorney Administrative, Appointed, Elected Officials Health Insurance RESOLVED by the Town Board of the Town of Southold that effective January 1, 2015, the Town’s self-insured health insurance plan offered by the Town to eligible Administrative employees and elected and appointed Officials, will be replaced with coverage through the New York State Health Insurance Program. The employee’s contribution to the premium shall be the same as the contribution made by CSEA employees. Vote Record - Resolution RES-2014-915  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 - November 18, 2014 Page 19 2014-916 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Amend Resolution 2014-890 Weston & Sampson Agreement RESOLVED that the Town Board of the Town of Southold hereby amends Resolution 2014- 890 adopted on November 5, 2014 to read as follows: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Preventative Maintenance Agreement between Weston & Sampson CMR, Inc. and the Town of Southold for the maintenance of the Fishers inspections, not including any necessary repair Island Pump Station for a total of two visits work, at a total contract price of $2,174.00 for 2015, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2014-916  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 2014-917 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney PH 12/16/14 @ 4:32 PM LL/Tree Fund 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 18 day of November, 2014, a Local Law entitled relation to Amendments to Chapter 240, Subdivision of Land, and Chapter 280, Zoning, in connection with a Tree Fund” now, therefore, be it Southold Town Meeting Agenda - November 18, 2014 Page 20 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 th 16 day of December, 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 240, The proposed Local Law entitled, Subdivision of Land, and Chapter 280, Zoning, in connection with a Tree Fund” reads as follows: LOCAL LAW NO. 2014 “A Local Law in relation to Amendments to Chapter 240, Subdivision A Local Law entitled, of Land, and Chapter 280, Zoning, in connection with a Tree Fund” . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town Board finds that in order to protect and preserve the rural character of the Town of Southold, including the scenic view sheds within the Town, street trees need to be planted and trees which are located on Town property, which have been removed or destroyed, need to be replaced. This local law expands the Planning Board’s discretion to consider a request by the applicant to contribute a sum of money, in lieu of planting trees for landscaping or screening purposes in connection with a site plan or subdivision, where to do so would be impracticable. The fees generated would be exclusively used by the Town of Southold Tree Committee to pay for the much needed planting and/or replanting of street trees and trees located on Town property. II. Chapters 240 and 280 of the Code of the Town of Southold are hereby amended as follows: §240-49. Clearing. I.Landscaping and ground cover. (4) Tree fee. (a) Upon the request of an applicant, if the Planning Board makes a finding pursuant to this Chapter that the proposed site plan presents a proper case for requiring trees to be planted for screening, landscaping purposes, but that a suitable location for said plantings does not exist, or it is otherwise impracticable, the Planning Board may permit the applicant to pay a sum of money in lieu thereof. The fee shall be as follows: Southold Town Meeting Agenda - November 18, 2014 Page 21 (i)Not less than Three Hundred Fifty Dollars ($350.00), nor more than Seven Hundred Fifty Dollars ($750.00) per tree, based on caliper, that would have been required for screening or landscaping purposes. (b) Timing of fee payment. The fee shall be paid prior to any subdivision approval. (c) The fee shall be deposited into the Fiduciary Fund and used by the Southold Town Tree Committee exclusively for the planting of new street trees and/or the replacement of damaged or removed trees on Town property. §280-129. Objectives. C. Landscaping and screening: that all parking, service and similar areas are screened at all seasons of the year from view of adjacent residential districts and streets and that the landscaping of the site complements the intended use. Existing trees of at least six inches or more in diameter measured three feet above the base of the trunk shall be retained to the maximum extent possible. (1) Tree fee. (a) Upon the request of an applicant, if the Planning Board makes a finding pursuant to this Chapter that the proposed site plan presents a proper case for requiring trees to be planted for screening, landscaping purposes, but that a suitable location for said plantings does not exist, or it is otherwise impracticable, the Planning Board may permit the applicant to pay a sum of money in lieu thereof. The fee shall be as follows: (i) Not less than Three Hundred Fifty Dollars ($350.00), nor more than Seven Hundred Fifty Dollars ($750.00) per tree, based on caliper, that would have been required for screening or landscaping purposes. (b) Timing of fee payment. The fee shall be paid prior to any subdivision approval. (c) The fee shall be deposited into the Fiduciary Fund and used by the Southold Town Tree Committee exclusively for the planting of new street trees and/or the replacement of damaged or removed trees on Town property. III. SEVERABILITY Southold Town Meeting Agenda - November 18, 2014 Page 22 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-2014-917  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 2014-918 CATEGORY: Legislation DEPARTMENT: Town Attorney LL/Tree Fund 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 240, Subdivision of Land, and Chapter 280, Zoning, in connection with a Tree Fund” to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations and reports. Vote Record - Resolution RES-2014-918  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  RescindedLouisa P. Evans  Town Clerk's Appt Scott A. Russell  Supt Hgwys Appt No Action Southold Town Meeting Agenda - November 18, 2014 Page 23 Lost  2014-919 CATEGORY: Landfill Misc. DEPARTMENT: Solid Waste Management District Woodchip Fees RESOLVED Be it by the Town Board of the Town of Southold that a tip fee of $30 per ton is hereby established for the disposal of woodchips at the Town Compost Facility in Cutchogue, effective December 1, 2014; and be it further RESOLVED that the price by volume for double-ground and screened woodchips sold by the Compost Facility is hereby established at $4/cubic yard, such price to remain in effect until further notice. Vote Record - Resolution RES-2014-919  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  2014-920 CATEGORY: Litigation DEPARTMENT: Town Attorney Retain Frank Isler, Special Counsel/Svatovic V. TOS, Et Al. RESOLVED that the Town Board of the Town of Southold hereby retains Frank A. Isler, Esq. as Special Counsel in the Supreme Court, Suffolk County civil action entitled “Zarko Svatovic v. Town of Southold, et al.” under Index No. 14-22339. Vote Record - Resolution RES-2014-920  Adopted  Yes/AyeNo/NayAbstainAbsent Adopted as Amended  Southold Town Meeting Agenda - November 18, 2014 Page 24 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  2014-921 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint Barbara Turner to Tax Cashier RESOLVEDappoints Barbara Turner that the Town Board of the Town of Southold hereby to the position of a Tax Cashier for the Tax Receivers’ Office effective December 1, 2014, at a rate of $16.93 per hour. Vote Record - Resolution RES-2014-921  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 2014-922 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification for Assessors Financial Impact: Provide appropriation for Peconic Landing appraisal Southold Town Meeting Agenda - November 18, 2014 Page 25 RESOLVED that the Town Board of the Town of Southold hereby modifies the 2014 Assessors budget in the General Fund Whole Town as follows: From: A.1355.4.500.100 Legal Counsel $2,500 Totals $2,500 To: A.1355.4.500.200 Appraisals $2,500 Totals $2,500 Vote Record - Resolution RES-2014-922  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  2014-923 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact 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” and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid th 18 day of November, 2014, at 4:32 p.m. Local Law on the at which time all interested persons were given an opportunity to be heard, now there for be it. RESOLVED that the Town Board of the Town of Southold hereby ENACT the proposed Local “A Local Law in relation to Amendments to Chapter 280, Zoning, in Law entitled, connection with Time Limits on Variances” reads as follows: Southold Town Meeting Agenda - November 18, 2014 Page 26 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 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 prior to the date of expiration, 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-2014-923  Adopted Yes/AyeNo/NayAbstainAbsent Adopted as Amended  Robert Ghosio  Defeated  TabledJames Dinizio Jr  Withdrawn  William P. Ruland Supervisor's Appt  Jill Doherty  Tax Receiver's Appt Southold Town Meeting Agenda - November 18, 2014 Page 27 Rescinded  Louisa P. Evans  Town Clerk's Appt  Scott A. Russell Supt Hgwys Appt No Action Lost 2014-924 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint Police Officers RESOLVEDappoints Jacob Bogden, that the Town Board of the Town of Southold hereby Robert Haase Jr., John Hinton, Michael Sirico and Garrett Lake effective November 24, 2014 and Tara Tandy and Samuel Nitsch effective at the start of the Suffolk County Police Academy and Alex Chenche at a date to be determined to the position of Police Officer for the Southold Town Police Department. Vote Record - Resolution RES-2014-924  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 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. Public Hearing to Hear Citizens Views on Local Housing and Community Development Needs PH 11/18/14 LL/Time Limits on Variances Southold Town Meeting Agenda - November 18, 2014 Page 28 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