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HomeMy WebLinkAboutAG-01/03/2006 ELIZABETH 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 southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER AGENDA SOUTHOLD TOWN BOARD January 3, 2006 4:30 PM Attendee Name Present Absent Late Arrival Councilman William P. Edwards ??? Councilman Daniel C. Ross ??? Councilman Thomas H. Wickham ??? Councilman Albert Krupski Jr. ??? Justice Louisa P. Evans ??? Supervisor Scott Russell ??? Town Clerk Elizabeth A. Neville ??? Town Attorney Patricia A. Finnegan ??? 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. Call to Order. Pledge of Allegiance. I. REPORTS Subject Details 1. Southold Town Budget Report November 2005 2. Southold Town Program for the Disabled January through April 2006 II. PUBLIC NOTICES Subject Details 1. Intent to Apply for Liquor License with NYS James D. Reyburn or Corp to be formed at 62385 Liquor Authority Main Rd., Southold III. COMMUNICATIONS None IV. FOR DISCUSSION Subject Details 1. Transfer Station 2. Councilman Krupski Concerns LWRP, Boat Ramps, Code Enforcement Southold Town Meeting Agenda - January 3, 2006 Page 2 V. RESOLUTIONS 2006-87 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit January 3, 2006 RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby January 3, 2006. Vote Record - Resolution 2006-87 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards ? Adopted ???????? ?? Daniel C. Ross Adopted as Amended ?????????? Defeated Thomas H. Wickham ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-88 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Next Town Board Meeting January 17, 2006 RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, January 17, 2006 at the Southold Town Hall, Southold, New York at 7:30 P. M.. Vote Record - Resolution 2006-88 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards ? Adopted ???????? Daniel C. Ross ?? Adopted as Amended ?? Defeated ???????? Thomas H. Wickham ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell Southold Town Meeting Agenda - January 3, 2006 Page 3 2006-89 CATEGORY: Budget Modification DEPARTMENT: Accounting 2006 Budget Modification--Mitchell Park Project RESOLVEDmodifies the General Fund that the Town Board of the Town of Southold hereby Whole Town 2006 budget as follows: To: Revenues: A.2025.00 Special Recreation Facilities Park & Playground $100,000.00 Appropriations: A.1620.2.500.600 Buildings & Grounds, Capital Outlay Mitchell Park Project $100,000.00 Vote Record - Resolution 2006-89 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards ? Adopted ???????? ?? Daniel C. Ross Adopted as Amended ?????????? Defeated Thomas H. Wickham ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-90 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Clerk Authorize and Direct Supervisor Scott A. Russell to Sign an Agreement with General Code RESOLVED authorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to sign an agreement with General Code to provide codification services to the Town of Southold. Vote Record - Resolution 2006-90 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards ? Adopted ???????? Daniel C. Ross ?? Adopted as Amended ?????????? Defeated Thomas H. Wickham ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell Southold Town Meeting Agenda - January 3, 2006 Page 4 2006-91 CATEGORY: Budget Modification DEPARTMENT: Data Processing Modify the 2005 Data Processing Budget RESOLVEDmodifies the 2005 Data that the Town Board of the Town of Southold hereby Processing budget as follows: From: A.1680.4.100.555 Cables and Connectors $645.00 To: A.1680.4.100.554 Tapes and Diskettes $645.00 Vote Record - Resolution 2006-91 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards ? Adopted ???????? Daniel C. Ross ?? Adopted as Amended ?????????? Defeated Thomas H. Wickham ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-92 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Solid Waste Management District Authorize and Direct Supervisor Scott Russell to Sign a Memorandum of Understanding (MOU) with the Greater Long Island Clean Cities Coalition RESOLVED that the Town Board of the Town of Southold, in recognition of the need to reduce dependency upon foreign fuel imports and the development and availability of new, cost- authorizes and directs effective, alternate fuel technologies that may further this goal, hereby Supervisor Scott Russell to sign a Memorandum of Understanding (MOU) with the Greater Long Island Clean Cities Coalition to support the Coalition’s efforts to promote the voluntary use, where practicable, of Alternate Fuel Vehicles by public and private agencies on Long Island, all in accordance with the approval of the Town Attorney. Southold Town Meeting Agenda - January 3, 2006 Page 5 Vote Record - Resolution 2006-92 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards ? Adopted ???????? Daniel C. Ross ?? Adopted as Amended ?? Defeated ???????? Thomas H. Wickham ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-93 CATEGORY: Bid Acceptance DEPARTMENT: Solid Waste Management District Accept the Bid of Meridian, Inc., of Plainfield, CT, to Remove Waste Scrap Tires RESOLVED accepts the bid of that the Town Board of the Town of Southold hereby Meridian, Inc., of Plainfield, CT, to remove waste scrap tires from the Southold Town Solid Waste District for the 2006 calendar year at a cost of $ 1,350 per trailer load, all in accordance with the Town Attorney. Vote Record - Resolution 2006-93 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards ? Adopted ???????? ?? Daniel C. Ross Adopted as Amended ?????????? Defeated Thomas H. Wickham ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-94 CATEGORY: Bid Acceptance DEPARTMENT: Solid Waste Management District Accept the Bid of Phoenix Recycling, Inc. to Supply the Town with Plastic Yellow Garbage Bags RESOLVED accepts the bid of Phoenix that the Town Board of the Town of Southold hereby Recycling, Inc. to supply the Town with plastic yellow garbage bags from April 1, 2006 through March 31, 2007 at a total price of $85,512 , all in accordance with the Town Attorney. Southold Town Meeting Agenda - January 3, 2006 Page 6 Vote Record - Resolution 2006-94 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards ? Adopted ???????? Daniel C. Ross ?? Adopted as Amended ?? Defeated ???????? Thomas H. Wickham ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-95 CATEGORY: Bid Acceptance DEPARTMENT: Solid Waste Management District Accept the Bid of Care Environmental Corp. to Remove Household Hazardous Wastes (HHW) RESOLVED accepts the bid of Care that the Town Board of the Town of Southold hereby Environmental Corp. to remove household hazardous wastes (HHW) collected from residents under the Town’s periodic HHW drop-off program in calendar year 2006 , at a total estimated cost of $40,000, all in accordance with the Town Attorney. Vote Record - Resolution 2006-95 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards ? Adopted ???????? ?? Daniel C. Ross Adopted as Amended ?????????? Defeated Thomas H. Wickham ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-96 CATEGORY: Bid Acceptance DEPARTMENT: Solid Waste Management District Accept the Bid of Pabco Industries, LLC, of Newark, NJ to Supply the Town with Biodegradable Paper Leaf Bags RESOLVED accepts the bid of Pabco that the Town Board of the Town of Southold hereby Industries, LLC, of Newark, NJ to supply the town with biodegradable paper leaf bags for the 2006 calendar year , at a cost of $ .2954 per bag for up to 25,000 bags; $.2856 per bag for 25,001 – 65,000 bags; and $.2835/bag for over 65,000 bags, all in accordance with the Town Attorney. Southold Town Meeting Agenda - January 3, 2006 Page 7 Vote Record - Resolution 2006-96 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards ? Adopted ???????? Daniel C. Ross ?? Adopted as Amended ?? Defeated ???????? Thomas H. Wickham ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-97 CATEGORY: Budget Modification DEPARTMENT: Accounting Modify the 2006 Solid Waste Management District Budget RESOLVEDmodifies the 2006 Solid that the Town Board of the Town of Southold hereby Waste Management District budget as follows: From: SR.8160.4.400.855 HAZMAT Physicals $ 1,700 To: SR.8160.4.400.900 Security/Alarm Systems $ 1,700 Vote Record - Resolution 2006-97 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards ? Adopted ???????? Daniel C. Ross ?? Adopted as Amended ?? Defeated ???????? Thomas H. Wickham ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-98 CATEGORY: Authorize to Bid DEPARTMENT: Solid Waste Management District Authorize and Direct the Town Clerk to Advertise for Bids for the Purchase of a Used Maintenance Vehicle for the Solid Waste Management District RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise for bids for the purchase of a Used Maintenance Vehicle for the Southold Town Meeting Agenda - January 3, 2006 Page 8 Solid Waste Management District, all in accordance with specifications prepared by the Solid Waste Coordinator. Vote Record - Resolution 2006-98 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards ? Adopted ???????? Daniel C. Ross ?? Adopted as Amended ?? Defeated ???????? Thomas H. Wickham ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-99 CATEGORY: Budget Modification DEPARTMENT: Building Department Modify the 2005 Building Department Budget RESOLVEDmodifies the 2005 Building that the Town Board of the Town of Southold hereby Department budget as follows: From: B.3620.4.600.200 Meetings and Seminars $1,282.00 B.3620.4.600.300 Travel $1.350.00 B.3620.4.600.100 Radio Airtime $151.54 To: B.3620.1.100.200 Overtime Earnings $2,783.54 Vote Record - Resolution 2006-99 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards ? Adopted ???????? ?? Daniel C. Ross Adopted as Amended ?????????? Defeated Thomas H. Wickham ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-100 CATEGORY: Bid Acceptance DEPARTMENT: Police Dept Southold Town Meeting Agenda - January 3, 2006 Page 9 Accept the Bid of Bay Ridge Motors, Inc., for Surplus Vehicles RESOLVED accepts the bid of Bay that the Town Board of the Town of Southold hereby Ridge Motors, Inc. in the amount of $379.00 each for the 1999 Ford vehicle and 2000 Ford vehicle and $559.00 for the 2001 Ford vehicle located at Lou's Garage, Mattituck, for parts in "as is" condition, all in accordance with the Town Attorney. Vote Record - Resolution 2006-100 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards ? Adopted ???????? ?? Daniel C. Ross Adopted as Amended ?? Defeated ???????? Thomas H. Wickham ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-101 CATEGORY: Litigation DEPARTMENT: Town Attorney Designate Southold Town Assistant Town Attorney, Lori Hulse Montefusco, As Special Assistant District Attorney RESOLVEDamends Resolution No. 783 that the Town Board of the Town of Southold hereby of 2005 to read as follows: RESOLVED that the Town Board of the Town of Southold hereby requests Suffolk County District Attorney Thomas Spota to designate Southold Town Assistant Town Attorney, Lori , for the purpose of prosecuting Hulse Montefusco, as Special Assistant District Attorney violations of the Code and Ordinances of the Town of Southold , to serve at the pleasure of the Town Board. Vote Record - Resolution 2006-101 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards ? Adopted ???????? Daniel C. Ross ?? Adopted as Amended ?? Defeated ???????? Thomas H. Wickham ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell Southold Town Meeting Agenda - January 3, 2006 Page 10 2006-102 CATEGORY: Bid Acceptance DEPARTMENT: Town Clerk Reject Bids for Police Uniforms Supplying and Authorize the Town Clerk to Rebid RESOLVEDrejects any and all bids that the Town Board of the Town of Southold hereby received for the supplying of Police Uniforms for the 2006 calendar year due to a specification correction and be it further RESOLVEDauthorized and directed to re-bid when the that the Town Clerk is hereby specifications have been corrected. Vote Record - Resolution 2006-102 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards ? Adopted ???????? ?? Daniel C. Ross Adopted as Amended ?????????? Defeated Thomas H. Wickham ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-103 CATEGORY: Bid Acceptance DEPARTMENT: Town Clerk Declare Surplus Law Books to be Obsolete and Destroyed WHEREAS the Town Clerk has received no bids for the following Used Law Books, 6 McKinney’s NY Rules of Court State & Federal 1996 175 McKinney’s Consolidated Laws of NY Annotated 80’s 90’s, some older 1 McKinney’s Volunteer Ambulance Workers Benefit Law 1995 Pamphlet 1 McKinney’s Interim Update 1 McKinney’s Domestic Relations Law Pamphlet 6 Sheppard’s NY Miscellaneous Citations 1994 8 Sheppard’s NY Court of Appeals Citations 1993 12 Sheppard’s NY Supreme Court Citations 1995 1 Sheppard’s NY Supreme Court Citations 1996 Southold Town Meeting Agenda - January 3, 2006 Page 11 2 Sheppard’s NY Supreme Court Citations 1997 5 Sheppard’s NY Statute Citations 1995 1 Local Laws of the Cities, Counties & Villages in the State of NY enacted during the year 1943 now therefor be it RESOLVED the surplus Law that the Town Board of the Town of Southold hereby declares Books to be obsolete and destroyed. Vote Record - Resolution 2006-103 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards ? Adopted ???????? ?? Daniel C. Ross Adopted as Amended ?????????? Defeated Thomas H. Wickham ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-104 CATEGORY: Public Service DEPARTMENT: Public Works Eagle Scout Project RESOLVEDgrants permission to Ryan that the Town Board of the Town of Southold hereby McIntyre to replace a wood footbridge at Downs Farm Preserve , as part of his Eagle Scout Project for Boy Scout Troop 39, Mattituck, as per the plans and specifications drawn by James Richter, Office of the Town Engineer. Vote Record - Resolution 2006-104 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards ? Adopted ???????? Daniel C. Ross ?? Adopted as Amended ?? Defeated ???????? Thomas H. Wickham ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-105 CATEGORY: Bid Acceptance DEPARTMENT: Town Clerk Southold Town Meeting Agenda - January 3, 2006 Page 12 Accept the Bid of Arshamomaque Dairy Farm, Inc. to Supply Milk to the Human Resource Center RESOLVEDaccepts the bid of that the Town Board of the Town of Southold hereby Arshamomaque Dairy Farm, Inc. to supply milk to the Human Resource Center for the 2006 calendar year, all in accordance with the Town Attorney. Vote Record - Resolution 2006-105 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards ? Adopted ???????? ?? Daniel C. Ross Adopted as Amended ?????????? Defeated Thomas H. Wickham ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-106 CATEGORY: Employment DEPARTMENT: Town Clerk Appoint Daniel Welch to the Position of Part-Time Scale Operator RESOLVED appoints Daniel Welsh to that the Town Board of the Town of Southold hereby the position of part-time scale operator effective January 11, 2006 at a rate of $12.91 per hour, not to exceed 20 hours per week. Vote Record - Resolution 2006-106 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards ? Adopted ???????? ?? Daniel C. Ross Adopted as Amended ?????????? Defeated Thomas H. Wickham ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-107 CATEGORY: Landfill Misc. DEPARTMENT: Town Clerk Authorize the Re-Opening of the Solid Waste Transfer Station and Yard Waste Compost Facility Southold Town Meeting Agenda - January 3, 2006 Page 13 RESOLVEDauthorizes the re-opening that the Town Board of the Town of Southold hereby of the Solid Waste Transfer Station and Yard Waste Compost facility to the public on Wednesdays beginning January 11, 2006. Vote Record - Resolution 2006-107 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards ? Adopted ???????? ?? Daniel C. Ross Adopted as Amended ?????????? Defeated Thomas H. Wickham ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-108 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District Modify the 2005 Solid Waste Management District Budget RESOLVEDmodifies the 2005 Solid that the Town Board of the Town of Southold hereby Waste Management District budget as follows: From: SR.8160.2.500.450 – Radio Equipment $ 207.57 SR.8160.4.100.150 – Scalehouse Supplies $ 110.99 SR.8160.4.400.805 - MSW Removal $1,500.00 SR.8160.4.600.200 - Meetings and Seminars $ 375.00 To: SR.8160.2.500.300 – Traffic Control Devices $ 207.57 SR.8160.4.100.125 – Miscellaneous Supplies $ 110.99 SR.8160.4.400.100 - Engineering $1,500.00 SR.8160.4.600.300 - Travel Reimbursement $ 375.00 Vote Record - Resolution 2006-108 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards ? Adopted ???????? ?? Daniel C. Ross Adopted as Amended ?????????? Defeated Thomas H. Wickham ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell Southold Town Meeting Agenda - January 3, 2006 Page 14 2006-109 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Clerk Authorize and Direct Supervisor Scott A. Russell to Execute an Agreement with Island Group Administration, Inc. RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an agreement with Island Group Administration, Inc. for the administration of the Town of Southold Employee Health Plan for the 2006 calendar year, said agreement subject to the approval of the Town Attorney. Vote Record - Resolution 2006-109 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards ? Adopted ???????? ?? Daniel C. Ross Adopted as Amended ?????????? Defeated Thomas H. Wickham ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-110 CATEGORY: Seqra DEPARTMENT: Town Clerk Determine that the Adoption of the Local Law Entitled "A Ninety Day Extension of the Temporary Moratorium on the Processing, Review Of, and Making Decisions on Applications for Site Plans and Special Exception Use Permits for Retail Stores Over 3000 Square Feet In the Town of Southold" In a Type II Action and Not Subject to Review Under SEQRA Rules and Regulations RESOLVEDfinds that the adoption of the local that the Town Board of the Town of Southold hereby law entitled “A Ninety day Extension of the Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Site Plans and Special Exception Use Permits for Retail Stores over 3000 square feet in the Town of Southold” is classified as a Type II Action pursuant to SEQRA Rules and Regulations , 6 NYCRR Section 617.5, and is not subject to review under SEQRA. Southold Town Meeting Agenda - January 3, 2006 Page 15 Vote Record - Resolution 2006-110 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards ? Adopted ???????? Daniel C. Ross ?? Adopted as Amended ?? Defeated ???????? Thomas H. Wickham ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-111 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact Local Law Entitled, “A Ninety Day Extension of the Temporary Moratorium on the Processing, Review Of, and Making Decisions on Applications for Site Plans and Special Exception Use Permits for Retail Stores Over 3000 Square Feet In the Town of Southold WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New “A Ninety day Extension of the York, on the 20th day of December, 2005, a Local Law entitled, Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Site Plans and Special Exception Use Permits for Retail Stores over 3000 square feet in the Town of Southold” ; and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED ENACTS“A that the Town Board of the Town of Southold hereby local law entitled, Ninety day Extension of the Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Site Plans and Special Exception Use Permits for Retail Stores over 3000 square feet in the Town of Southold ” which reads as follows: LOCAL LAW NO. __1__ 2006 A Ninety Day Extension of the Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Site Plans and Special Exception Use Permits for Retail Stores over 3000 square feet in the Town of Southold BE IT ENACTED BY, the Town Board of the Town of Southold as follows: Section 1. PURPOSE AND INTENT Southold Town Meeting Agenda - January 3, 2006 Page 16 The Town Board is considering the important recommendations of the recently adopted Hamlet Study and the Planning Board, but is faced at the same time with pending and proposed applications for development of retail, formula, and “big box” type development which could be detrimental to the character and sustainability of the hamlet centers. The Town Board recognizes that the existing Zoning Code is inadequate to deal with these chain and large-scale businesses that have been and will, in the near future, be proposed. The size and population of the Town, the scale of its existing buildings, the traffic and transportation issues facing the hamlets, and the long-range goals of the Town (as set forth in the recently adopted Hamlet Study and other past planning studies) dictate that retail and commercial limits should be established to sustain the hamlets. Regulation on the size, location and appearance of large chain retail businesses is necessary to address the problems these businesses create. It is critical that the issues be handled in a comprehensive manner, crucial legislative decisions made and those decisions implemented. The Town Planning Board, Planning Department and Town Attorney Department have been working hard since the enactment of the moratorium to review retail uses, sizes, and locations to update and create new legislation that will comprehensively meet the long- range goals of the Town. The Town Board held a hearing on proposed legislation on December 14, 2005, at which time valuable public comments were received. The Town Board would like to review the public input, and revise the proposed legislation to better serve the needs of the community. Further, on January 1, 2006, there will be a new Town Supervisor and one new Councilperson, who will provide input into the crafting of legislation. The Town Board finds that it is reasonable and in the public interest to further temporarily suspend the application process for larger retail stores so that it has adequate time to examine, assess and address these uses that would otherwise be detrimental to the community. For the reasons stated above and to permit the Town Board to decide on and enact needed legislation, the extension of this moratorium is necessary. Section 2. ENACTMENT OF TEMPORARY MORATORIUM For a period of Ninety (90) Days following the effective date of this Local Law after which date this Local Law shall lapse and be without further force and effect and subject to any other Local Law adopted by the Town Board during the Ninety (90) Day period: 1) the Planning Board shall not accept for review, continue review, hold a hearing or make any decision upon any application for a site plan containing a RETAIL STORE over 3000 square feet, whether submitted prior to or after the effective date of this law, and shall not be subject to the time periods specified in Town Law § 274-a and Article Southold Town Meeting Agenda - January 3, 2006 Page 17 XXV of the Southold Town Code, including without limitation, provisions relating to the, processing, reviewing, holding of hearings and the rendering of decisions. The statutory and locally-enacted time periods for processing and making decisions on all aspects of said site plan applications are suspended and stayed while this Local Law is in effect. All terms used in this Local Law are as defined in §100-13 of the Code of the Town of Southold. 2) The Zoning Board of Appeals shall not accept for review, continue review, hold a hearing on, continue a hearing or make any decision upon any application for a special exception use permit containing a RETAIL STORE over 3000 square feet, whether submitted prior to or after the effective date of this law, and shall not be subject to the time periods specified in Town Law § 274-b and Chapter 100 of the Southold Town Code, including without limitation, provisions relating to the, processing, reviewing, holding of hearings and the rendering of decisions. The statutory and locally-enacted time periods for processing and making decisions on all aspects of said special exception use permits are suspended and stayed while this Local Law is in effect. All terms used in this Local Law are as defined in §100-13 of the Code of the Town of Southold. Section 3. APPLICATION This local law shall apply to ALL [new or pending] applications for site plans or special exception use permits for RETAIL STORES over 3000 square feet in the Town of Southold. Section 4. EXCLUSIONS This Local Law shall not apply to: 1) Site plans for which final or conditional final approval was granted by the Planning Board prior to the effective date of this local law; 2) Additions to existing retail stores or restaurants, provided said addition will not result in a cumulative floor area of said business in excess of 3000 square feet, and further provided such addition to retail store or restaurant does not include a drive-through component; 3) Wineries; 4) Agricultural operations and accessory uses thereto. Section 5. CONFLICT WITH STATE STATUTES AND AUTHORITY TO SUPERSEDE Southold Town Meeting Agenda - January 3, 2006 Page 18 To the extent that any provisions of this Local Law are in conflict with or are construed as inconsistent with the provision of New York State Town Law, this Local Law supersedes, amends and takes precedence over NYS Town Law pursuant to the Town’s municipal home rule powers, pursuant to Municipal Home Rule Law § 10(1)(ii)(d)(3); § 10(1)(ii)(a)(14) and § 22 to supersede any inconsistent authority. In particular, to the extent and degree any provisions of this Local Law are construed as being inconsistent with the provisions of Town Law § 274-a, §274-b and the provisions and requirements set forth in Chapter 100 of the Southold Town Code, which require that the Planning Board or Zoning Board of Appeals process, review, hold hearings on, and act upon applications for site plans and special exception use permits within specified time periods, this local law suspends and stays the running of time periods for processing, review, holding hearings on, making decisions, and taking action on such applications provided for in those laws and is intended to supersede and amend any said inconsistent authority. Section 6. APPEAL PROCEDURES a. The Town Board shall have the authority to vary or waive the application of any provision of this Local Law if, in its legislative discretion, upon its determination, the variance or waiver is required to alleviate an extraordinary hardship. To grant such request, the Town Board must find that a variance or waiver will not adversely affect the purpose of this local law, the health, safety or welfare of the Town of Southold, or any comprehensive planning efforts being undertaken in the Town. The Town Board shall take into account the existing land use in the immediate vicinity of the property, the range of business opportunities in the vicinity of the property and the surrounding hamlet, the rural, cultural, historic and business character of the hamlet, and the impact of the variance or waiver on the open and recreational space, and transportation infrastructure of the Town. The application must comply with all other applicable provisions of the Southold Town Code. b. Any request for a variance or waiver shall be filed with the Town Clerk and shall include a fee of two hundred fifty ($250.00) dollars for the processing of such application, along with copies of the site development plan and any related information required in accordance with the procedures set forth in Chapter 100 of the Southold Town Code. c. All such applications shall, within five (5) days of filing with the Town Clerk be referred to the Planning Board, which shall have ten (10) days following receipt to make a recommendation to approve or disapprove a variance or waiver of this Local Law. The application and recommendation shall be transmitted to the Town Board. The Town Board may conduct a public hearing and make a final Southold Town Meeting Agenda - January 3, 2006 Page 19 decision on the application, with or without conditions. Final approval is reserved to the absolute legislative discretion of the Town Board Section 7. 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 effect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Section 8. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State. Vote Record - Resolution 2006-111 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards ? Adopted ???????? Daniel C. Ross ?? Adopted as Amended ?? Defeated ???????? Thomas H. Wickham ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell PUBLIC HEARINGS Public Hearing #1 5:00 P.M.- PHETMR A UBLIC EARING ON AN XTENSION OF THE EMPORARY ORATORIUM ON ETAIL S TORES Vote Record - Public Hearing #1 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards ???????? Daniel C. Ross ? Adjourned ???????? Thomas H. Wickham ?? Closed ???????? Albert Krupski Jr. ???????? Louisa P. Evans ???????? Scott Russell