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NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631) 765 - 1800 www.southoldtown.northfork.net
AGENDA
SOUTHOLD TOWN BOARD
August 2, 2011 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: southoldtown.northfork.net Click on Town Board OnLine; 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 August 2, 2011 at Meeting Hall, 53095 Route 25, Southold, NY.
I. 1.
REPORTS
North Fork Animal Welfare League Inc Financial Statements June 30, 2011 & 2010
2.
Southold Town Meeting Agenda - August 2, 2011 Page 2 July 2011 II. PUBLIC NOTICES 1. NYS Liquor License Renewals Cherry Way Restaurant Inc. d/b/a Pepis, 400 Old Main Rd., Southold 2. NYS Liquor License Peconic Landing, 1500 Brecknock Rd., Greenport III. COMMUNICATIONS IV. DISCUSSION 1. 9:00 A.M. - John Sepenoski IMA for Funds for Natural Heritage Survey & Report 2. 9:30 A.M. - Phillip Beltz, Ken Reeves, Judith McCleery Parks & Rec Survey 3. 4. 5. 6. 7. Jockey Creek Bridge Bulkhead Dog Park Road End at Mason Drive Request for Parking Permit Waiver at Goldsmith Inlet LL/Duck Pond Road End Areas set for Public Hearing 8. LL/Special Events to be Referred to Code Committee 9. LL/Tear Down to be Referred to Code Committee 10. EXECUTIVE SESSION - Labor Matters Involving Employment of Particular Person(s) 11. Town Clerk Book Fees MINUTES APPROVAL RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, June 21, 2011
4:30 PM
Yes/Aye No/Nay Abstain Absent
RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, July 05, 2011
RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, July 19, 2011
V. RESOLUTIONS
2011-542
CATEGORY: DEPARTMENT: Approve Audit Audit Town Clerk
RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated August 2, 2011.
2011-543
CATEGORY: DEPARTMENT: Set Meeting Town Clerk
RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held at 4:30 PM on Tuesday, August 16, 2011 at the Southold Town Hall, Southold, New York
2011-544
CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk
Waive the Parking by Permit Regulations on Mill Road, Peconic Fiscal Impact: There are no police expenses involved.
RESOLVED the Town Board of the Town of Southold hereby waives the No Parking regulations on Mill Lane, Peconic, 100 on either side and across from Fasbender Avenue on Saturday, July 23, 2011 from 3:00 PM to 10:00 PM.
2011-545
CATEGORY: DEPARTMENT: Budget Modification Police Dept
Budget Modification- PD Vacation and Sick Earnings Fiscal Impact: Transfer funds due to the retirement of a police department member.
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2011 General Fund Whole Town budget as follows: From: A.1990.4.100.200 To: A.3120.1.100.300 A.3120.1.100.400 Contingent, Police Retirement Reserve Total Police, P.S., Vacation Earnings Police, P.S., Sick Earnings Total $233,541 $233,541 $83,310 150,231 $233,541
2011-546
CATEGORY: DEPARTMENT: Budget Modification Police Dept
Budget Modification - Transport Trailer for PD Fiscal Impact: To obtain a trailer for the storage and transport of the department's all-terrain vehicles.
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2011 General Fund Whole Town budget as follows: From: A.3130.1.300.100
Southold Town Meeting Agenda - August 2, 2011 Page 6 Seasonal Employees, Regular Earnings Total To: A.3130.2.400.225 Bay Constable, Equipment Other Equipment, Transport Trailer Total
Yes/Aye No/Nay
2011-547
CATEGORY: DEPARTMENT: Budget Modification Accounting
Budget Modification 2011 Accounting Dept. Fiscal Impact: Move appropriation from full-time to part-time - anticipated promotion of part-timer to full-time as of 7/1/11 not completed.
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2011 General Fund Whole Town budget as follows: From: A.1310.1.100.100 To: A.1310.1.200.100
Accounting & Finance, P.S. Full Time Regular Earnings Total Accounting & Finance, P.S. Part Time Regular Earnings Total
2011-548
CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk
RESOLVED that the Town Board of the Town of Southold hereby grants permission to the North Fork Environmental Council to hold its Bike Whats Left event, on Saturday, August 13, 2010) beginning at 10:00 AM, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured.. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. There are no police expenses associated with this event. The route will begin in Mattituck and follow routes using Pike Street, Wickham Avenue, Grand Avenue, Mill Lane, Oregon Road, Depot Lane, Main Road, New Suffolk Avenue, Grathwohl Road, Bridge Lane, Route 48, Mill Road, Sound View Avenue, Lighthouse Road, and Albertson Lane
2011-549
CATEGORY: DEPARTMENT: Property Usage Town Clerk
Grant Permission to the Southold Yacht Club to Park Overflow Vehicles in the Towns Parking Lot at Goose Creek Beach
Southold Town Meeting Agenda - August 2, 2011 Page 8 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Southold Yacht Club to park overflow vehicles in the towns parking lot at Goose Creek Beach, on August 27, 2011for the Southold Yacht Club Regatta, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and provided the cars are displaying a special Southold Yacht Club Parking Permit and the yacht club contact Chief Martin Flatley of the Southold Police Department immediately for proper placement of the permits.
2011-550
CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Recreation
Resolved that the Town Board of the Town of Southold authorize and direct Supervisor Scott A. Russell to execute an agreement with the following individuals and businesses for the fall 2011 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 2011 instructor line A7020.4.500.420. Lynda Agrusso (guitar)....$30/hour Antoinette Beck-Witt (drawing class).....................................$30/hour Linda Berger (Watercolor)..$30/hour Sara Bloom (memoir writing)................................................$30/hour Thomas Boucher (guitar)....................................................... $30/hour Constance Case (Quilting)..................................................... $30/hour Eugenia Cherouski (folk dancing)......................................... $30/hour Paula Croteau (cooking & baking).$30/hour Lenora Dome (belly dancing)................................................ $30/hour Martha Eagle (Aerobics/Pilates/Yoga/Power Stretching)......$30/hour Vivian Eyre (poetry)$30/hour Bill Gatz (youth basketball)$30/hour Dan Gebbia (dog obedience)..................................................$70/dog Denise Gillies (Tai Chi)..$30/hour GymNation (Gymnastics)...$50/person
Southold Town Meeting Agenda - August 2, 2011 Page 9 Denise Magyar (Fearless Speaker).$30/hour Rosemary Martilotta (yoga)...................................................$55/class Judy McCleery (digital photography)....$30/hour Kate McDowell (tennis lessons).$30/hour Rosemary McKinley (kitchen economist)$30/hour Darren Mignone (Hula Hoop Fitness Program)..$30/hour Sue Mulholland (bridge lessons)............................................ $30/hour Maribeth Mundell (singing program)..$30/hour Sonomi Obinata (Japanese cooking)$30/hour Peconic Star Fleet (Block Island Trip).$105/person Tamara Pelosi (Empower Your Life)$30/hour R & C Agency Management Corp. (defensive driving)$30/person R & C Agency Management Corp. (CPR class)..$55/person Laurie Short (aerobics classes)................................................ $30/hour Steve Smith (weight training)...................................................$30/hour Gail Starkie (acrylic painting)..................................................$30/hour Jocelyn Suglia (youth basketball)$30/hour Barbara Terranova (Hiking & Knitting programs)..$30/hour The Little Red Riding School (Horse/Pony Camp)$100/person The Little Red Riding School (Lil Farmers Camp)$25/person Kendra Wadlington (beginner computer)............................... $30/hour
2011-551
CATEGORY: DEPARTMENT: Employment - FIFD Accounting
WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their July 21, 2011 meeting that upon successfully completing his probationary period, full time deckhand James G. Traub shall be given a pay increase to $15.00 per hour effective July 17, 2011 WHEREAS the Town Board of the Town of Southold is required to approve appointments and salary adjustments of employees of the Fishers Island Ferry District, now therefore be it
RESOLVED that the Town Board of the Town of Southold hereby increases the salary of Fishers Island Ferry District full time deckhand James G. Traub to $15.00 per hour effective July 17, 2011.
2011-552
CATEGORY: DEPARTMENT: Budget Modification Supervisor
Budget Modification - Summer Jam Donation Fiscal Impact: The Southold Youth Bureau continues to receive reduced funding from the New York State Office of Children and Family Services and seeks to continue funding programs that promote youth development. The Youth Bureau solicited Long Island Network of Community Services to underwrite expenses associated with its annual Summer Jam.
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2011 General Fund Whole Town budget as follows: Increase: Revenues: A.2705.40 Appropriations: Increase: A.7310.4.600.100
Adopted Adopted as Amended Defeated Tabled Withdrawn Supervisor's Appt Tax Receiver's Appt Rescinded Town Clerk's Appt Supt Hgwys Appt No Action
Gifts and Donations, Other Donations Youth Program, C.E., Youth Program Activities
Yes/Aye No/Nay
$ 1000.00 $ 1000.00
Abstain Absent
2011-553
CATEGORY: DEPARTMENT: Employment - Town Accounting
RESOLVED that the Town Board of the Town of Southold hereby appoints Gary Ostroski to the position of a Senior Cook for the Human Resource Center, effective August 3, 2011, at a rate of $47,890.16 per annum.
2011-554
CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Land Preservation
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Supervisor to execute Amendment No. 3 to Cooperative Agreement No. 732C31-9-042, dated June 30, 2009, between the United States of America Commodity Credit Corporation and the Town of Southold for the implementation of the United States Department of Agriculture - Natural Resources Conservation Service (USDA-NRCS) 2009 Federal Farm and Ranch Lands Protection Program (FRPP) that includes the addition of Attachment C providing awarded grant funding in the amount of $1,327,000 (FY 2011 Funds) for the Terry Farm project, subject to the approval of the Town Attorney.
2011-555
CATEGORY: DEPARTMENT: Budget Modification Police Dept
Budget Modification- Police Department Fiscal Impact: Donation received by the Police Department to be put towards the Office Equipment/Chairs budget line.
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2011 General Fund Whole Town budget as follows: To: Revenues: A.2705.40 To: Appropriations: A.3120.2.200.200
Vote Record - Resolution Adopted Adopted as Amended Defeated Tabled Withdrawn Supervisor's Appt Tax Receiver's Appt Rescinded Town Clerk's Appt Supt Hgwys Appt No Action
$50 $50
No/Nay Abstain Absent
2011-556
CATEGORY: DEPARTMENT: Budget Modification Police Dept
Fiscal Impact: To appropriate money to cover payment for invoices on the Bay Constable gasoline budget line.
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2011 General Fund Whole Town budget as follows: From: A.3130.1.300.100 To: A.3130.4.100.200
Bay Constable Seasonal Employees, Regular Earnings Total Bay Constable, C.E. Supplies & Materials, Gasoline & Oil Total
Yes/Aye No/Nay
2011-557
CATEGORY: DEPARTMENT: Property Usage Recreation
RESOLVED that the Town Board of the Town of Southold hereby grants permission to Southold High School to use the tennis courts at Tasker and Jean Cochran Parks for high school tennis matches from September 7 through October 14, 2011. There will be a total of 14 tennis matches. Applicant must file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as additional insured before the first event.
2011-558
CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk
RESOLVED that the Town Board of the Town of Southold hereby grants permission for the closure of Cases Lane adjacent to the Village Green, for the Douglas Moore Memorial Music Festivals Annual Concert on the Cutchogue Village Green, on Saturday, August 13, 2011, from 5:00 PM to 10:00 PM provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and contact Chief Flatley immediately to coordinate traffic control. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. Town fees shall be waived for this event.
2011-559
CATEGORY: DEPARTMENT: Budget Modification Accounting
Budget Modification-Employee Health Plan Fiscal Impact: Provide funding for the administrative fee paid to Island Group for the Early Retiree Reinsurance Program, a program whereby the Town receives federal aid for providing medical insurance to retirees too young to qualify for Medicare coverage. IGA's fee is 20% of the aid received, which is the same fee
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2011 Employee Health Benefit Plan budget as follows: From: MS.8686.4.000.100 To: MS.8686.4.000.200 Medicare D Administration Total ERRP Administration Total
Yes/Aye
2011-560
CATEGORY: DEPARTMENT: Bid for Payloader Tires Authorize to Bid Solid Waste Management District
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the purchase and installation of two (2) new tires and the removal, re-capping, and re-mounting of two (2) existing tires for a payloader for the Solid Waste District.
2011-561
Authorizes and Directs Supervisor Scott A. Russell to Execute Contract #C006880 Between the Town of Southold and the NYS Department of State in Connection with the Hashamomuck Pond Watershed Management Plan Implementation
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute Contract #C006880 between the Town of Southold and the NYS Department of State in connection with the Hashamomuck Pond Watershed Management Plan Implementation, subject to the approval of the Town Attorney.
2011-562
CATEGORY: DEPARTMENT: SWMD Budget Mods Fiscal Impact: Fuel Costs higher than budgeted; higher software contract w/scale upgrade; site visit to troubleshoot grinder issue; cost to install new scalehouse windows (already purchased). Rebuilt transmission for Mechanic vehicle and repairs to trailer floor and top rails. Lower projected C&D disposal costs. Budget Modification Solid Waste Management District
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2011 Solid Waste Management District budget as follows: From: SR 8160.4.400.810 (C&D Removal) SR 9901.9.000.000 Transfer to Health Plan SR 9901.9.000.100 Transfer to Capital Fund Totals To: SR 8160.4.100.200 (Diesel Fuel) SR 8160.4.400.250 (Scale Software Support) SR 8160.4.400.665 (Contr. Repairs/CBI Grinder)
Southold Town Meeting Agenda - August 2, 2011 Page 17 SR 8160.4.100.800 (Maint/Facilities-Grounds) SR 8160.4.400.680 Trailer Fleet Repairs SR 8160.4.100.646 Maintenance Mech Truck Totals
2011-563
CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney
Authorizes and Directs Supervisor Scott A. Russell to Execute an Agreement Between the Suffolk County Office for the Aging and the Town of Southold for the AAA Transportation Program
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Agreement between the Suffolk County Office for the Aging and the Town of Southold for the AAA Transportation Program, IFMS No. 0000000 No. 001-6806-4980-95285, for the period April 1, 2011 through March 31, 2012 with one extension at the Countys option, at no cost to the Town, subject to the approval of the Town Attorney.
2011-564
CATEGORY: DEPARTMENT: Advertise Human Resource Center
RESOLVED that the Town Board of the Town of Southold hereby grants permission to post and advertise for 2 weeks for the position of Full Time Assistant Cook for the Senior Nutrition Programs at the Human Resource Center at a salary of $ 33,392 per annum.
2011-565
CATEGORY: DEPARTMENT: Budget Modification Trustees
RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2011budget as follows: From: A.3610.4.500.300 To: A.3610.4.600.300
$500.00 $500.00
No/Nay Abstain Absent
2011-566
CATEGORY: Close/Use Town Roads
Waive the Parking by Permit Regulations on Mill Lane/Road, Peconic Fiscal Impact: There are no police expenses involved.
RESOLVED the Town Board of the Town of Southold hereby waives the No Parking regulations on Mill Lane/Road, Peconic, on Saturday, September 10, 2011 from 2:00 PM to 11:00 PM for parking of wedding guests.
2011-567
CATEGORY: DEPARTMENT: Legislation Town Attorney
RESOLVED that the Town Board of the Town of Southold hereby rescinds Resolution No. 2011-540 in its entirety, adopted at their regular meeting on July 19, 2011, and shall be replaced with Resolution No. 2011-568, adopted by the Town Board on August 2, 2011.
2011-568
CATEGORY: DEPARTMENT: Enact Local Law Town Attorney
WHEREAS, there was presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 21st day of June, 2011, a Local Law entitled A Local Law to Amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of that portion of SCTM #1000-140-2-32 from R-40 to LI; and WHEREAS, by Local Law No. 30 of 1999, the Town Board of the Town of Southold, in connection with the County Route 48 Land Use Study, rezoned the entirety of a parcel of land in Mattituck identified as SCTM #1000-140-2-32, from Light Industrial (LI) to R-40; and WHEREAS, the rezoning of the entirety of the parcel appears to have been in error, as the supporting Planning documents contemplated rezoning only the portion of that parcel fronting on Marys Road from LI to R-40; and WHEREAS, the Town Board finds it appropriate to correct that error and to rezone the portion of SCTM #1000-140-2-32 that was to have remained LI, back to LI; and WHEREAS, rezoning of the portion of the subject site as LI is consistent with the County Route 48 Land Use Study; and WHEREAS, the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law on Tuesday, July 19, 2011 at which time all interested persons were given an opportunity to be heard; and WHEREAS, the Town Board has received and reviewed all written comments, recommendations, and reports submitted in this matter; and WHEREAS, the Town Board declared itself Lead Agency on July 19, 2011 and conducted a coordinated SEQRA review on the proposed zone change, subdivision plan, and sanitary flow credit transfer; and on July 19, 2011 adopted a negative declaration pursuant to SEQRA. NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled A Local Law to Amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of that portion of SCTM #1000-140-2-32 from R-40 to LI which reads as follows: LOCAL LAW NO. __ of 2011 Section 1. Purpose. By Local Law No. 30 of 1999, the Town Board of the Town of Southold, in connection with the County Route 48 Land Use Study, rezoned the entirety of a parcel of land in Mattituck identified as SCTM #1000-140-2-32, from Light Industrial (LI) to R-40. The rezoning of the
Southold Town Meeting Agenda - August 2, 2011 Page 21 entirety of the parcel appears to have been in error, as the supporting Planning documents contemplated rezoning only the portion of that parcel fronting on Marys Road from LI to R-40. The Town Board finds it appropriate to correct that error and to rezone the portion of SCTM #1000-140-2-32 that was to have remained LI, back to LI. Therefore, rezoning of the portion of the subject site as LI will be consistent with the County Route 48 Land Use Study. Section 2. Code Amendment. Based upon our intention to correct the error, and upon our consideration of the recommendations of the Town Planning Board, the Suffolk County Planning Commission, the SEQRA report, and the public comments taken at the public hearing and otherwise, we hereby amend the Official Zoning Map of the Town of Southold as adopted by Section 100-21 (now known as Section 280-6) of the Town Code to change the portion of SCTM #1000-140-2-32 from R-40 to LI. The portion of the lot being rezoned is approximately .9 acres and is located between the Long Island Railroad property and Hill Street and immediately adjacent to SCTM #1000-140-2-30, as depicted in the attached map. The remaining portion of SCTM #1000-1402-32 (the .52 acre portion adjacent to Marys Road) shall continue to be zoned R-40. Section 3. 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. Section 4. Effective Date This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law.
2011-569
CATEGORY: DEPARTMENT: Hire PT Minibus Driver Employment - Town Accounting
RESOLVED that the Town Board of the Town of Southold hereby appoints Edward J. Brust to the position of a Part-Time Mini Bus Driver for the Human Resource Center, effective August 3, 2011 at a rate of $16.28 per hour, not to exceed 17.5 hours per week.
2011-570
CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk
Grant Permission to the Mattituck Presbyterian Churcho to Hold Its Annual Summer Fair and Close Old Sound Avenue, in Front of the Church, from 8:00 Am to 2:00 Pm on Saturday, August 6, 2011
RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Mattituck Presbyterian Church to hold its Annual Summer Fair and close Old Sound Avenue, in front of the church, from 8:00 am to 2:00 pm on Saturday, August 6, 2011, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and contact Capt. Flatley upon receipt of the approval of this resolution to coordinate traffic control. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. All town fees are waived.