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HomeMy WebLinkAboutAG-12/01/2015 ELIZABETH A. NEVILLE Town Hall, 53095 Main Road TOWN CLERK PO Box 1179 Southold, NY 11971 REGISTRAR OF VITAL STATISTICSFax (631) 765-6145 MARRIAGE OFFICER Telephone: (631) 765 - 1800 RECORDS MANAGEMENT OFFICER www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER AGENDA SOUTHOLD TOWN BOARD December 1, 2015 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 - 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 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 December 1, 2015 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee NamePresentAbsentLateArrived Councilman Robert Ghosio Councilman James Dinizio Jr Councilman William P. Ruland Councilwoman Jill Doherty Justice Louisa P. Evans Supervisor Scott A. Russell Southold Town Meeting Agenda - December 1, 2015 Page 2 I. REPORTS 1. Dept of Public Works Monthly Report october 2015 2. Town Budget Report October 2015 3. Judge Evans Monthly Report May 2015 August 2015 4. Judge Bruer Monthly Report May 2015 August 2015 5. Judge Price Monthly Report August 2015 6. Solid Waste District Monthly Report September 2015 October 2015 7. Land Tracking Report 3rd Quarter 8. Solid Waste District Monthly Report October 2015 9. Judge Evans Monthly Report August 2015 10. Judge Bruer Monthly Report August 2015 II. PUBLIC NOTICES 1. NYS Liquor License - Renewal Legends Harborside Ltd. d/b/a Legends 2. NYS Assembly Standing Committee Public Hearing December 16, 2015, 11:30 am - Smithtown III. COMMUNICATIONS Southold Town Meeting Agenda - December 1, 2015 Page 3 IV. DISCUSSION 1. 9:00 Am - Robert Harper Litter in Southold Town 2. 9:15 Am - Michael Collins, Jamie Richter and John Sepenoski Narrow River and Peter Stoutenburgh Wetlands Restoration Projects 3. 9:30 Am - Heather Lanza and Mark Terry Comprehensive Plan Update - Land Use Chapter 4. 10:00 Am - John Cushman Fishers Island Ferry District Discussion 5. Intern for Town Attorney's Office 6. Transportation Commission Recommendations Reduction of Speed Limit on Skunk Lane Pequash Avenue Stop Sign Laughing Waters Parking by Permit Signage 7. EXECUTIVE SESSION - Labor - Matters Involving Employment of Particular Person/S 11:15 am - Chief Flatley 8. Suffolk County Regional Planning Alliance 9. Southold Town Alarm System Fees Discussion V. RESOLUTIONS 2015-939 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby December 1, 2015. Vote Record - Resolution RES-2015-939 Adopted Yes/AyeNo/NayAbstainAbsent Adopted as Amended Robert Ghosio Defeated Tabled James Dinizio Jr Withdrawn William P. Ruland Supervisor's Appt Southold Town Meeting Agenda - December 1, 2015 Page 4 Tax Receiver's Appt Jill Doherty Rescinded Louisa P. Evans Town Clerk's Appt Scott A. Russell Supt Hgwys Appt No Action Lost 2015-940 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Next Town Board Meeting RESOLVED held, that the next Regular Town Board Meeting of the Southold Town Board be Tuesday, December 15, 2015 at the Southold Town Hall, Southold, New York at 4:30 P. M. Vote Record - Resolution RES-2015-940 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 2015-914 Tabled 11/17/2015 4:30 PM CATEGORY: Budget Modification DEPARTMENT: Engineering Budget Modification - Purchase Highway Office Phone System Financial Impact: Transfer of funds from Engineering to pay for an upgraded phone system at the Highway Department Office. No net budget impact. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2015 General Fund Whole Town budget as follows: Southold Town Meeting Agenda - December 1, 2015 Page 5 From: A.1440.4.400.300 MS4 Brochure Printing $500 A.1440.4.500.100 Engineering Surveys $3,000 A.1440.4.500.200 Water Quality Testing $2,000 A.1440.4.500.300 Soil Boring Analysis $1,000 A.1440.4.600.800 MS4 Advertising $500 Total $7,000 To: A.1680.2.500.450 Telephone Equipment $7,000 Total $7,000 Vote Record - Resolution RES-2015-914 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 2015-941 CATEGORY: Budget Modification DEPARTMENT: Police Dept Police Department-Budget Modification Financial Impact: Reallocation of funds to cover current and anticipated vehicle maintenance and repair fees modifies the 2015 General RESOLVED that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: From: A.3120.4.100.200 Police/C.E./Gasoline & Oil $45,000 Total $45,000 To: A.3120.4.400.650 Police/C.E/Vehicle Maint. & Repairs $45,000 Total $45,000 Southold Town Meeting Agenda - December 1, 2015 Page 6 Vote Record - Resolution RES-2015-941 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 2015-942 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification for Medical Insurance Financial Impact: Provide appropriations for medical insurance - family changes and transferred employees RESOLVED that the Town Board of the Town of Southold hereby modifies the 2015 budget as follows: Highway Fund Part Town From: DB.9010.8.000.000 NYS Retirement, ERS $20,800 To: DB.9060.8.000.000 Medical Insurance, NYSHIP $20,800 Solid Waste District From: SR.9010.8.000.000 NYS Retirement, ERS $17,100 To: SR.9060.8.000.000 Medical Insurance, NYSHIP $17,100 Vote Record - Resolution RES-2015-942 Adopted Yes/AyeNo/NayAbstainAbsent Adopted as Amended Defeated Robert Ghosio Tabled James Dinizio Jr Withdrawn Southold Town Meeting Agenda - December 1, 2015 Page 7 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 2015-943 CATEGORY: Budget Modification DEPARTMENT: Police Dept Police Department-Budget Modification Financial Impact: Reallocation of funds to cover expenditures needed to outfit the new HP2 Police Interceptor RESOLVED modifies the 2015 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: From: A.3120.2.300.100 Police/Equipment/MV/Automobiles $9,306 A.3120.2.500.800 Police/Equipment/Other/Light Bars $3,312 Total $12,618 To: A.3120.2.500.875 Police/Equip/Other/Other Veh. Equip. $12,618 Total $12,618 Vote Record - Resolution RES-2015-943 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 - December 1, 2015 Page 8 2015-944 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Fishers Island Ferry District FIFD Bid Award - Airport 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 13, 2015 regarding award letter to Baseline King Corp of Barneveld, New York. Vote Record - Resolution RES-2015-944 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 2015-945 CATEGORY: Budget Modification DEPARTMENT: Information Technology Information Technologies Budget Modification Financial Impact: Transfer funds between operating expense budget lines RESOLVED that the Town Board of the Town of Southold hereby modifies the 2015 Information Technologies budget in the General Fund Whole Town as follows: From: A.1680.4.400.200 Training $2,000 A.1680.4.400.356 UPS Maintenance 1,000 Total $3,000 To: A.1680.2.400.450 Workstation / Server $3,000 Total $3,000 Southold Town Meeting Agenda - December 1, 2015 Page 9 Vote Record - Resolution RES-2015-945 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 2015-946 CATEGORY: Equipment DEPARTMENT: Highway Department Transfer Assets RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the transfer of the Department of Public Works Asset number (2438) Garbage Truck and Asset number (2205) Aerial Bucket truck to the Highway Departments Asset list. Vote Record - Resolution RES-2015-946 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 2015-947 CATEGORY: Bond DEPARTMENT: Highway Department Southold Town Meeting Agenda - December 1, 2015 Page 10 Amend Highway Bond Dated 2013 RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED DECEMBER 1, 2015, AMENDING THE BOND RESOLUTION ADOPTED ON SEPTEMBER 10, 2013 Recitals WHEREAS, the Town Board of the Town of Southold, in the County of Suffolk, New York, has heretofore duly authorized the construction of improvements to Town highway facilities at the estimated maximum cost of $3,500,000, pursuant to the bond resolution adopted by the Town Board on September 10, 2013; and WHEREAS, the estimated cost of said project has now been determined to be $3,700,000, and it is necessary and in the public interest to increase the appropriation for the project by $200,000 and to amend said bond resolution to authorize the issuance of $3,700,000 bonds to reflect such increase; Now, therefore, be it RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK (by the favorable vote of not less than two-thirds of all members of said Town Board) AS FOLLOWS: Section (A) The bond resolution of the Town of Southold duly adopted by the Town Board on September 10, 2013, entitled: September 10, 2013, authorizing the construction of improvements to Town highway facilities, stating the estimated maximum cost thereof is $3,500,000, appropriating said amount for such purpose, and authorizing the issuance of bonds in the principal amount of is hereby amended to read as follows: BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED SEPTEMBER 10, 2013 AND AMENDED DECEMBER 1, 2015, AUTHORIZING THE CONSTRUCTION OF IMPROVEMENTS TO TOWN HIGHWAY FACILITIES, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $3,700,000, APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE, AND AUTHORIZING THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $3,700,000 TO FINANCE SAID APPROPRIATION THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two- thirds of all the members of said Town Board) AS FOLLOWS: Section 1. The Town of Southold, in the County of Suffolk, New York (herein ay facilities, consisting of construction of a pre-engineered metal building containing a welding bay, service bays, toilets and administrative spaces; a pre-engineered pole barn; a consolidated fueling Southold Town Meeting Agenda - December 1, 2015 Page 11 station; an outdoor truck washing area; material storage bins; and demolition of existing fuel storage tanks; all of the foregoing to include site work, installation or extension of necessary utilities and any ancillary work required in connection therewith. The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $3,700,000 and said amount is hereby appropriated for such purpose. The plan of financing includes the issuance of not to exceed $3,700,000 bonds of the Town to finance said appropriation, and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Section 2. Bonds of the Town in the principal amount of $3,700,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33- said appropriation. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness applicable to the object or purpose for which said bonds are authorized to be issued, within the limitations of Section 11.00 a. 11(b) of the Law, is twenty (25) years. (b) The proceeds of the bonds herein authorized, and any bond anticipation notes issued in anticipation of said bonds, may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) The proposed maturity of the bonds authorized by this resolution will exceed five (5) years. (d) The Town Board of the Town, acting in the role of Lead Agency pursuant determined that the objects or purposes described in Section 1 hereof is an Unlisted Action as Department has completed a Long Environmental Assessment Form which has been reviewed by the Town Board and the Town Board has determined that the project will not have a significant impact on the environment and a Negative Declaration has been issued by the Town Board. Section 4. Each of the bonds authorized by this resolution, and any bond anticipation notes issued in anticipation of the sale of said bonds, shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds, and any notes issued in anticipation of said bonds, shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds, and any notes issued in anticipation of the sale of said bonds, and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and Southold Town Meeting Agenda - December 1, 2015 Page 12 pursuant to the provisions of Section 21.00 relative to the authorization of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 and Section 168.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, and as to executing agreements for credit enhancement, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution, or a summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This bond resolution is subject to a permissive referendum and the Town Clerk is hereby authorized and directed, within ten (10) days after the adoption of this resolution, to publish or cause to be published, in full, in the a newspaper having a general circulation within said Town and hereby designated the official newspaper of the Town for such publication, and posted on the sign board of the Town maintained pursuant to the Town Law, a Notice in substantially the following form: TOWN OF SOUTHOLD, NEW YORK PLEASE TAKE NOTICE that on December 1, 2015 the Town Board of the Town of Southold, in the County of Suffolk, New York, adopted a resolution amending the bond resolution adopted by said Town Board on September 10, 2013, which bond resolution, as amended, is entitled: September 10, 2013 and amended December 1, 2015, authorizing the construction of improvements to Town highway facilities, stating the estimated maximum cost thereof is $3,700,000, appropriating said amount for such purpose, and authorizing the issuance of bonds in the principal amount of not to exceed an abstract of such bond resolution, concisely stating the purpose and effect thereof, being as follows: Southold Town Meeting Agenda - December 1, 2015 Page 13 FIRST: AUTHORIZING said Town to construct improvements to Town highway facilities, consisting of construction of a pre-engineered metal building containing a welding bay, service bays, toilets and administrative spaces; a pre-engineered pole barn; a consolidated fueling station; an outdoor truck washing area; material storage bins; and demolition of existing fuel storage tanks; all of the foregoing to include site work, installation or extension of necessary utilities and any ancillary work required in connection therewith; STATING the estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $3,700,000; APPROPRIATING said amount for such purpose; and STATING the plan of financing includes the issuance of not to exceed $3,700,000 bonds of the Town to finance said appropriation, and the levy of a tax upon all the taxable real property within the Town to pay the principal of said bonds and interest thereon; SECOND: AUTHORIZING the issuance of not to exceed $3,700,000 bonds of said appropriation; THIRD: DETERMINING and STATING the period of probable usefulness applicable to the purpose for which said bonds are authorized to be issued is twenty (25) years; the proceeds of said bonds and any bond anticipation notes issued in anticipation thereof may be applied to reimburse the Town for expenditures made after the effective date of this bond resolution for the purpose for which said bonds are authorized; and the proposed maturity of said bonds will exceed five (5) years; and STATING that the Town Board, as Lead Agency pursuant to the provisions of the New York State Environmental Quality R determined that the purpose for which the bonds are authorized is an Unlisted Action and a Negative Declaration has been issued FOURTH: DETERMINING that said bonds and any bond anticipation notes issued in anticipation of said bonds and the renewals of said bond anticipation notes shall be general obligations of the Town; and PLEDGING to their payment the faith and credit of the Town; FIFTH: DELEGATING to the Supervisor the powers and duties as to the issuance of said bonds, and any bond anticipation notes issued in anticipation of said bonds, or the renewals thereof; and SIXTH: DETERMINING that the bond resolution is subject to a permissive referendum. DATED: December 1, 2015 Elizabeth A. Neville Town Clerk Section 8. The Town Clerk is hereby authorized and directed, after said bond resolution shall take effect, to cause said bond resolution to be published, in summary, in the newspaper referred to in Section 7 hereof, and hereby designated the official newspaper for said publication, together with a Notice in substantially the form as provided by Section 81.00 of the Law. Section (B) The amendment of the bond resolution as set forth in Section (A) of Southold Town Meeting Agenda - December 1, 2015 Page 14 this resolution shall in no way affect the validity of any liabilities incurred, obligations issued, or action taken pursuant to said bond resolution prior to amendment, and all such liabilities incurred, obligations issued, or action taken shall be deemed to have been incurred, issued or taken pursuant to said bond resolution, as amended. Section (C) Said bond resolution, as amended, is subject to a permissive referendum as therein provided. In the event that a valid petition protesting against said bond resolution and requesting that it be submitted to the electors of said Town for their approval or disapproval is filed and the Proposition submitted therefor is defeated, the validity of the bond resolution adopted September 10, 2013 shall not be in any way affected and shall remain in full force and effect. Vote Record - Resolution RES-2015-947 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 2015-948 CATEGORY: Consulting DEPARTMENT: Engineering Energy Performance RFP for Town Facilities WHEREAS the Request for Proposals for an Energy Performance Contract for Town Facilities opening was incomplete, now there for be it RESOLVED authorizes and directs the that the Town Board of the Town of Southold hereby Engineering Department to re-issue a Request for Proposals for an Energy Performance Contract for Town Facilities to qualified firms, as pe, subject to the approval of the Town Attorney. . Vote Record - Resolution RES-2015-948 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 - December 1, 2015 Page 15 Tax Receiver's Appt Louisa P. Evans Rescinded Scott A. Russell Town Clerk's Appt Supt Hgwys Appt No Action Lost 2015-949 CATEGORY: Budget Modification DEPARTMENT: Police Dept Police Department-Budget Modification Financial Impact: Reallocation of funds to purchase channel markers and buoys for Fishers Island and Southold Town that were damaged during the 2015 Summer season. RESOLVED modifies the 2015 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: From: A.3120.4.600.250 Police, C.E., Misc. FI Constable Training $1,500.00 A.3130.4.100.200 Bay Constable, C.E., Supplies & Materials, Gas & Oil 850.00 Total $2,350.00 To: A.3130.2.400.400 Bay Constable, Equip, Other Equip, Buoys $2,350.00 Total $2,350.00 Vote Record - Resolution RES-2015-949 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 - December 1, 2015 Page 16 No Action Lost 2015-950 CATEGORY: Bid Acceptance DEPARTMENT: Engineering Accept Bid of Diam-N-Blu Mechanical Corp. RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Diam-N- Blu Mechanical Corp. in the amount of $444,500.00 for heating, ventilation and air conditioning work in connection with the construction of a new Southold Town Highway Maintenance Building; 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 Diam- N-Blu Mechanical Corp. in the total amount of $444,500.00, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2015-950 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 2015-951 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District SWMD Budget Mods Financial Impact: Provide funds for: earned overtime; pending purchase of new 2-yr residential & commercial vehicle permits (2016-2017); 4th qtr groundwater monitoring. Southold Town Meeting Agenda - December 1, 2015 Page 17 RESOLVED that the Town Board of the Town of Southold hereby modifies the 2015 Solid Waste Management District budget as follows: From: SR 8160.1.100.100 F/T Employee-Reg Earnings $1,750 SR.8160.4.100.200 Diesel Fuel 200 SR 8160.4.100.225 Lubricants 1,300 SR 8160.4.100.650 Town Garbage Bags 3,450 SR 8160.4.500.175 Gas Monitoring 1,200 $7,900 To: SR 8160.1.100.200 F/T Employee-Overtime Earnings $1,750 SR 8160.4.100.110 Pre-Printed Forms 1,500 SR 8160.4.500.150 Groundwater Monitoring 4,650 Total $7,900 Vote Record - Resolution RES-2015-951 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 2015-952 CATEGORY: Bid Acceptance DEPARTMENT: Solid Waste Management District LF Monitoring Contract Financial Impact: New contract for semi-annual groundwater monitoring as approved this year by DEC; and quarterly gas monitoring. Semi-annual testing represents a savings of 50% over prior groundwater sampling costs. WHEREAS three proposals were received in response to the Solid Waste Management Cutchogue landfill as required by the New York State Department of Environmental Conservation; and Southold Town Meeting Agenda - December 1, 2015 Page 18 WHEREAS the proposal received by Dvirka and Bartilucci Engineers and Architects was the lowest cost proposal submitted; it is hereby RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Dvirka and Bartilucci Engineers and Architects, PC to conduct semi-annual groundwater and quarterly gas monitoring through calendar year 2019 at a total combined cost not to exceed $75,000 over that time, in accordance with the terms and pricing schedules specified in the RFP, all with the approval of the Town Attorney; and it is further RESOLVED that Supervisor Russell is authorized to execute a contract with D&B for same, with the approval of the Town Attorney. Vote Record - Resolution RES-2015-952 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 2015-953 CATEGORY: Attend Seminar DEPARTMENT: Accounting Authorize Viewing of NYS GFOA Workers Compensation Webinar RESOLVED that the Town Board of the Town of Southold hereby grants permission to Secretarial Assistant Christine Foster to view the NYS GFOA Workers Compensation Webinar on December 16, 2015 to charge the $55.00 registration fee to the 2015 Accounting & Finance Department Meetings & Seminars appropriation (A.1310.4.600.200). Vote Record - Resolution RES-2015-953 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 Southold Town Meeting Agenda - December 1, 2015 Page 19 Rescinded Louisa P. Evans Town Clerk's Appt Scott A. Russell Supt Hgwys Appt No Action Lost 2015-954 CATEGORY: Trailer Permit DEPARTMENT: Town Clerk Trailer Permit Refund RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund of th $250.00 to Philippe Jacquet, Inc., 3513 76 Street, Apt. 31, Jackson Heights, New York 11372 for a trailer permit application that was determined unnecessary by the Building Department, Vote Record - Resolution RES-2015-954 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 2015-955 CATEGORY: Budget Modification DEPARTMENT: Justice Court 2015 Budget Modification - Justice Court Financial Impact: to cover an over-expended appropriation line. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2015 General Fund Whole Town budget, as follows: From : Southold Town Meeting Agenda - December 1, 2015 Page 20 A.1110.4.500.300 Justices, C.E., Interpreters $3,000 A.1110.4.600.200 Justices, C.E., Meetings & Seminars 600 A.1110.2.500.625 Justices, C.E., Tasers 600 Totals $4,200 To : A.1110.4.500.200 Justices, C.E., Court Reporters $3,000 A.1110.4.100.600 Justices, C.E., Uniforms & Accessories 600 A.1110.4.100.100 Justices, C.E., Office Supplies 600 Totals $4,200 Vote Record - Resolution RES-2015-955 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 2015-956 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney MOA with CSEA RESOLVED that the Town Board of the Town of Southold hereby ratifies the Memorandum of Agreement between the Town of Southold and the CSEA dated November 16, 2015, concerning the settlement of PERB Case Nos. U-34121. Vote Record - Resolution RES-2015-956 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 - December 1, 2015 Page 21 2015-957 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Accounting Amend NADE Agreement RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott Russell to execute an addendum agreement with Alere eScreen, to provide drug and alcohol collection services to the Town of Southold for the period from January 1, 2016 to December 31, 2016 with the option to extend the contract in one (1)-year increments, said agreement subject to the approval of the Town Attorney. Vote Record - Resolution RES-2015-957 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 2015-958 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District 2015 SWMD Budget Modification Financial Impact: to cover the actual cost of L.K. McLean Associates to develop a new Local Solid Waste Management Plan RESOLVED that the Town Board of the Town of Southold hereby modifies the 2015 Solid Waste District budget as follows: From: SR.8160.4.100.500 Refuse & Garbage District $1040.00 Contractual Expenses Southold Town Meeting Agenda - December 1, 2015 Page 22 Motor Vehicle Glass SR.8160.4.100.650 Refuse & Garbage District $3930.00 Contractual Expenses Garbage Bags Total $4970.00 To: SR.8160.4.400.100 Refuse & Garbage District $4970.00 Contractual Expenses Engineering Total $4970.00 Vote Record - Resolution RES-2015-958 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 2015-959 CATEGORY: Authorize Payment DEPARTMENT: Highway Department Purchase Truck for Highway RESOLVED that the Town Board of the Town of Southold hereby approves the purchase of one used 1994 Ford L-9000 Dump Truck from Fine Care Landscape Inc., at the agreed price of $9,950. This to be a legal charge to the 2015 budget line DB.5130.2.300.200 (Heavy Duty Vehicles) Vote Record - Resolution RES-2015-959 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 - December 1, 2015 Page 23 No Action Lost 2015-960 CATEGORY: Budget Modification DEPARTMENT: Highway Department 2015 Highway Budget Modification Financial Impact: to cover over expended lines RESOLVED that the Town Board of the Town of Southold hereby modifies the 2015 Highway Fund Part Town budget as follows: From: DB.5140.4.400.100 Clean-up Debris 2,300.00 DB.5110.4.100.915 Cement 2,500.00 DB.5110.4.100.960 Drain Pipe/Rings/Covers 2,900.00 DB.5110.1.100.100 General Repairs Regular Earnings 11,000.00 DB.5130.1.100.100 Machinery Regular Earnings 2,500.00 DB.5110.4.100.950 Warning Devices 1,200.00 DB.5110.4.100.930 Stone Blend 1,000.00 DB.5110.4.100.200 Fuel/Lubricants 7,915.00 DB.5110.4.100.995 Signs & Posts 2,200.00 DB.5110.4.100.100 Miscellaneous Supplies 2,000.00 DB.5142.2.400.200 Snow Equipment 6,192.00 DB.5142.4.100.975 Plow Blades/Shoes 5,000.00 Total $46,707.00 To: DB.5110.4.100.905 Asphalt Patch 4,535.00 DB.5110.4.100.900 Resurfacing Projects 2,800.00 DB.5110.4.100.350 Traffic Paint 920.00 DB.5140.1.100.100 Brush & Weed Regular Earnings 4,203.00 DB.5110.1.100.200 General Repairs Overtime Earnings 4,155.00 DB.5130.1.100.100 Machinery Regular Earnings 2,500.00 DB.5130.4.100.500 Parts & Supplies 14,500.00 DB.5140.4.100.100 Office Supplies 320.00 DB.5140.4.200.100 Telephones/Cell Phones 246.00 DB.5140.4.400.150 Rubbish Disposal 450.00 DB.5140.4.400.600 Office Equip Maint/Repairs 309.00 Southold Town Meeting Agenda - December 1, 2015 Page 24 DB.5140.4.600.300 Travel 1,522.00 DB.5130.2.300.200 Heavy Duty Vehicles 9,950.00 DB.5130.4.100.550 Tires 297.00 Total $46,707.00 Vote Record - Resolution RES-2015-960 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 2015-961 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District 2015 SWMD Budget Modification Financial Impact: to purchase RCA for Compost site maintenance RESOLVED that the Town Board of the Town of Southold hereby modifies the 2015 Solid Waste District budget as follows: From: SR.8160.4.400.300 Public Information/Print $1000.00 SR.8160.4.100.800 Maint. Facilities/grounds 1000.00 Total $2000.00 To: SR.8160.4.100.609 RCA Blend $2000.00 Total $2000.00 Vote Record - Resolution RES-2015-961 Adopted Yes/AyeNo/NayAbstainAbsent Adopted as Amended Robert Ghosio Defeated Tabled James Dinizio Jr Withdrawn William P. Ruland Supervisor's Appt Southold Town Meeting Agenda - December 1, 2015 Page 25 Tax Receiver's Appt Jill Doherty Rescinded Louisa P. Evans Town Clerk's Appt Scott A. Russell Supt Hgwys Appt No Action Lost 2015-962 CATEGORY: Legal DEPARTMENT: Town Attorney Intern for the Town Attorneys Office RESOLVED that the Town Board of the Town of Southold hereby appoints Ashley Finger as an this capacity without compensation. Vote Record - Resolution RES-2015-962 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 2015-963 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact Local Law Amends Chapters 275 & 280 WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk th County, New York, on the 4 day of November, 2015, a Local Law entitled relation to Amendments to Chapter 275, Wetlands and Shoreline, and Chapter 280, Zoning, in connection with building or str and Southold Town Meeting Agenda - December 1, 2015 Page 26 WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons will be given an opportunity to be heard, Now Therefor Be It RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, Shoreline, and Chapter 280, Zoning, in connection with building or structure setbacks from bulkheads r eads as follows: LOCAL LAW NO. 2015 A Local Law entitled, and Shoreline, and Chapter 280, Zoning, in connection with building or structure setbacks . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town Board has determined that there exists in the Town Code certain conflicting setbacks for waterfront property. The Town Board finds that in order to create uniformity in the Code, Chapter 275 and Chapter 280 shall be amended so that waterfront setbacks are consistent and duplicative administrative review is reduced. II. Chapters 275 and 280 of the Code of the Town of Southold is hereby amended as follows: §275-3. C. Jurisdiction. The following areas are subject to protection under Chapter 275 of the Code of Southold. \[Amended 10-11-2005 by L.L. No. 17-2005; 10-9-2012 by L.L. No. 12-2012\] (1) Any freshwater wetland, tidal wetland, beach, bluff, dune, flat, marsh, swamp, wet meadow, bog, or vernal pool; (2) Any creek, estuary, stream, pond, canal, or lake; (3) Land under water; (4) Land subject to tidal action; (5) Land within 100 feet of the areas listed above; (6) All Town waters. D. Setbacks. \[Amended 10-11-2005 by L.L. No. 17-2005\] (1) The following minimum setbacks apply to any and all operations proposed on residential property within the jurisdiction of the Board of Trustees: (a) Wetland boundary. Southold Town Meeting Agenda - December 1, 2015 Page 27 \[1\] Residence: 100 feet. \[2\] Driveway: 50 feet. \[3\] Sanitary leaching pool (cesspool): 100 feet. \[4\] Septic tank: 75 feet. \[5\] Swimming pool and related structures: 50 feet. \[6\] Landscaping or gardening: 50 feet. \[7\] Placement of C & D material: 100 feet. (b) Top of bluff. \[Amended 10-9-2012 by L.L. No. 12-2012\] \[1\] Residence: 100 feet. \[2\] Driveway: 100 feet. \[3\] Sanitary leaching pool (cesspool): 100 feet. \[4\] Swimming pool and related structures: 50 feet 100 feet. (2) The Board of Trustees reserves the right to waive or alter these setbacks where site- specific and/or environmental conditions justify such action. §280-116 Notwithstanding any other provisions of this chapter, the following setback requirements shall apply to all buildings or structures located on lots adjacent to water bodies and wetlands: A. Lots adjacent to Long Island Sound, Fishers Island Sound and Block Island Sound. a bluff or a bank as defined in Chapter 275 of the Southold Town Code. (1) All buildings or structures located on lots adjacent to sounds and upon which there exists a bluff or bank landward of the shore or beach shall be set back not fewer than 100 feet from the top of such bluff or bank. A(1) (2) Except as otherwise provided in Subsection hereof, all buildings or structures located on lots adjacent to sounds shall be set back not less than 100 feet from the ordinary high-water mark of said sound. (3) Buildings or structures which are proposed landward of existing principal A(1) dwellings shall be exempt from the requirements set forth in Subsection and (2) hereof. B. All buildings or structures located on lots upon which a bulkhead, concrete wall, riprap or similar structure exists and which are adjacent to tidal water bodies other than sounds shall be set back not less than 75 feet from the bulkhead. The following exceptions will apply: (1) Buildings which are proposed landward of existing buildings. (2) Lands which are not bulkheaded and are subject to a determination by the Board 275 of Town Trustees under Chapter , Wetlands and Shoreline, of the Code of the Town of Southold. (3) Docks, wharves, pilings, boardwalks, stairs, promenades, walkways and piers, which are accessory and separate from existing buildings or accessory structures. C. All buildings and structures located on lots adjacent to any freshwater body shall be set back Southold Town Meeting Agenda - December 1, 2015 Page 28 not less than 75 feet from the edge of such water body or not less than 75 feet from the landward edge of the freshwater wetland, whichever is greater. The following exception will apply: 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-2015-963 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 1. PH for Wetlands Setbacks 12/1/15 7:31 Pm