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Home My WebLink AboutAG-05/09/2006 ELIZABETH A. NEVILLE Town Hall, 53095 Main Road TOWN CLERK PO Box 1179 Southold, NY 11971 REGISTRAR OF VITAL STATISTICS Fax (631) 765-6145 MARRIAGE OFFICER Telephone: (631) 765 - 1800 RECORDS MANAGEMENT OFFICER southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD SOUTHOLD TOWN BOARD REGULAR MEETING May 9, 2006 7:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, May 9, 2006 at the Meeting Hall, Southold, NY. Supervisor Russell opened the meeting at 7:30 PM with the Pledge of Allegiance to the Flag. Attendee Name Organization Title Status Arrived Albert Krupski Jr. Town of Southold Councilman Present William P. Edwards Town of Southold Councilman Present Daniel C. Ross Town of Southold Councilman Present Thomas H. Wickham Town of Southold Councilman Present Louisa P. Evans Town of Southold Justice Present Scott Russell Town of Southold Supervisor Present Elizabeth A Neville Town of Southold Town Clerk Present Patricia A Finnegan Town of Southold Town Attorney Present I. Reports 1. Justice Court Monthly Report Judge Price 2. Justice Court Monthly Report Justice Evans 3. Supervisor’s Report March 2006 4. Recreation Department Monthly Report March 2006 5. Justice Court Monthly Report April 2006 - Bruer Page 1 May 9, 2006 Town of Southold Board Meeting II. Public Notices 1. Renewal of NYS Liquor License Antares Cafe 2. Renewl of Liquor License Fishers Island Yacht Club, Inc. III. Communications 1. Mr & Mrs Brian Sullivan Human Resource Center IV. Discussion 1. 9:00 A.M. Stormwater Runoff 2. 9:30 A.M. Pump Out Boat Dave Bergen 3. 10:00 A.M. Traffic Study Pat Cleary 4. 10:30 P.M. Size, Height & Setbacks for Accessory Buildings Mike Verity 5. 11:30 A.M. Retail Local Law Mark Terry 6. Renewable & Alternative Energy Committee Supervisor Russell 7. Water Map Amendments 8. Principal Planner 9. Boat Rack Height Bill Edwards 10. Amendments to Minor Exempt Actions List - LWRP Review Kieran Corcoran 11. 1:00 P.M. Executive Session - Property Acquisition Melissa Spiro 12. Executive Session CSEA Contract Page 2 May 9, 2006 Town of Southold Board Meeting 13. Home Rule Request Extend the sunset date for the real estate transfer tax authorized pursuant to the Peconic Bay Community Preservation Fund law from December 31, 2020 to December 31, 2030. 14. Removal & Distruction of Abandoned Sailboat 15. Executive Session Personnel - Police Captain Contract V. Minutes Approval 1. Tuesday, April 11, 2006 2. Tuesday, April 25, 2006 VI. Special Presentation 1. 7:30 P.M. Presentation to Winner of Arbor Day Poster Contest VII. Resolutions 2006-398 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit Dated May 9, 2006 RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby May 9, 2006. Vote Record - Resolution 2006-398 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Seconder ?? Withdrawn ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter 2006-399 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Set May 23, 2006 At 4:30 Pm Next Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, May 23, 2006 at the Southold Town Hall, Southold, New York at 4:30 P. M.. Page 3 May 9, 2006 Town of Southold Board Meeting Vote Record - Resolution 2006-399 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Seconder ?? Withdrawn ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter 2006-400 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Community Development Authorize and Direct Supervisor Scott A. Russell to Execute the 2006 Community Development Block Grant Agreement with the Suffolk County Office of Community Development RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the 2006 Community Development Block Grant Agreement with the Suffolk County Office of Community Development, in the amount of $139,000, all in accordance with the approval of the Town Attorney. Vote Record - Resolution 2006-400 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Initiator ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Seconder ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2006-401 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to North Fork Country Club to Use Moore’s Lane, Cutchogue for the “Two Day Member Guest Golf Tournament” on July 14 and 15, 2006. RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby North Fork Country Club’s “Two Day Member Guest Golf Tournament” in Cutchogue for a limited closure Moore’s Lane, from the Main Road to the southerly line of the “Country Club Estates” subdivision, total closure from that southerly point south to the northern line of the William Tyree land parcel, and limited closure from that point south to the intersection of Moores Lane and New Suffolk Avenue (closures would permit access to residents of Moores Lane and “Country Club Estates”), beginning on Friday, July 14 and Page 4 May 9, 2006 Town of Southold Board Meeting continuing through Saturday, July 15, 2006 provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and notify Capt. Flatley within ten (10) days of the approval of this resolution to coordinate traffic control. Vote Record - Resolution 2006-401 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? ??William P. Edwards Initiator Adopted as Amended ?????????? Defeated Daniel C. Ross Seconder ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2006-402 CATEGORY: Budget DEPARTMENT: Accounting Modify 2006 General Fund Whole Town Budget for Pump-Out Boat & Operational Expenses RESOLVEDmodifies the 2006 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows : Revenues: To: A.2389.30 Misc. Rev., County Pump-Out Boat Grant $22,500.00 A.3089.85 State Aide, Pump-Out Boat Grant 35,000.00 Appropriations: To: Trustees A.8090.1.300.100 Seasonal Employees, Regular Earnings $ 3,600.00 A.8090.2.200.300 Equipment, Pump-Out Boat Trailer 3,500.00 A.8090.2.200.400 Equipment, Pump-Out Boat Equipment 3,000.00 A.8090.2.300.300 Equipment, Pump-Out Boat 79,000.00 A.8090.4.100.200 C.E., Pump-Out Boat Gas & Oil 2,500.00 A.8090.4.100.600 C.E., Pump-Out Operator Uniforms 300.00 A.8090.4.400.840 C.E., Pump-Out Waste Disposal 5,000.00 A.8090.4.600.800 C.E., Pump-Out Boat Miscellaneous 250.00 From: Contingent A.1990.4.100.100 Unallocated Contingencies $39,650.00 Page 5 May 9, 2006 Town of Southold Board Meeting Vote Record - Resolution 2006-402 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross Initiator ?? Tabled ???????? Thomas H. Wickham Seconder ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2006-403 CATEGORY: Employment - Town DEPARTMENT: Police Dept Appoint Marie Deuel As a Detention Attendant At the Police Department Effective May 10, 2006 RESOLVEDappoints Marie Deuel to that the Town Board of the Town of Southold hereby the position of Detention Attendant for the Police Department, effective May 10, 2006, at a rate of $13.63 per hour. Vote Record - Resolution 2006-403 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross Seconder ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter 2006-404 CATEGORY: Employment - Town DEPARTMENT: Accounting Establish a Rate of Pay for Boat Operator RESOLVEDestablishes the hourly rate that the Town Board of the Town of Southold hereby of pay for Boat Operator of $12.00 per hour for the 2006 season. Vote Record - Resolution 2006-404 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ?????????? Defeated Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Initiator ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Scott Russell Voter 2006-405 CATEGORY: Employment - Town Page 6 May 9, 2006 Town of Southold Board Meeting DEPARTMENT: Recreation Establish Seasonal Summer Employee Salaries RESOLVEDestablish the following seasonal that the Town Board of the Town of Southold employee salary schedule for summer employees as follows: STILLWATER LIFEGUARDS 1st year . . . . . . . . . . . . . . $12.17/hour 2nd year . . . . . . . . . . . . . $12.44/hour 3rd year . . . . . . . . . . . . . $12.72/hour 4th year . . . . . . . . . . . . . $12.99/hour 5th year . . . . . . . . . . . . . $13.27/hour 6th year . . . . . . . . . . . . . $13.54/hour 7th year . . . . . . . . . . . . . $13.82/hour 8th year . . . . . . . . . . . . . $14.09/hour 9th year+ . . . . . . . . . . . . $14.37/hour BEACH ATTENDANTS 1st year . . . . . . . . . . . . . . $9.42/hour 2nd year . . . . . . . . . . . . . $9.58/hour 3rd year . . . . . . . . . . . . . . $9.75/hour 4th year . . . . . . . . . . . . . . $9.91/hour 5th year . . . . . . . . . . . . . . $10.08/hour 6th year . . . . . . . . . . . . . . $10.24/hour 7th year . . . . . . . . . . . . . . $10.42/hour 8th year . . . . . . . . . . . . . . $10.60/hour 9th year+ . . . . . . . . . . . . . $10.78/hour RECREATION SPECIALISTS (WATER SAFETY INSTRUCTORS) 1st year . . . . . . . . . . . . . . $16.57/hour 2nd year . . . . . . . . . . . . . $16.82/hour 3rd year . . . . . . . . . . . . . $17.07/hour 4th year . . . . . . . . . . . . . . $17.32/hour 5th year . . . . . . . . . . . . . . $17.57/hour 6th year . . . . . . . . . . . . . . $17.82/hour 7th year . . . . . . . . . . . . . . $18.07/hour 8th year . . . . . . . . . . . . . . $18.32/hour 9th year+ . . . . . . . . . . . . . $18.57/hour BEACH MANAGERS 1st year . . . . . . . . . . . . . . $13.54/hour 2nd year . . . . . . . . . . . . . . $13.84/hour 3rd year . . . . . . . . . . . . . . $14.14/hour 4th year . . . . . . . . . . . . . . $14.44/hour Page 7 May 9, 2006 Town of Southold Board Meeting 5th year . . . . . . . . . . . . . . $14.74/hour 6th year . . . . . . . . . . . . . . $15.04/hour 7th year . . . . . . . . . . . . . . $15.34/hour 8th year . . . . . . . . . . . . . . $15.64/hour 9th year+ . . . . . . . . . . . . $15.94/hour RECREATION AIDES (PLAYGROUND INSTRUCTORS) 1st year . . . . . . . . . . . . . . $11.34/hour 2nd year . . . . . . . . . . . . . $11.59/hour 3rd year . . . . . . . . . . . . . . $11.84/hour 4th year . . . . . . . . . . . . . . $12.09/hour 5th year . . . . . . . . . . . . . . $12.34/hour 6th year . . . . . . . . . . . . . . $12.59/hour 7th year . . . . . . . . . . . . . . $12.84/hour 8th year . . . . . . . . . . . . . . $13.09/hour 9th year+ . . . . . . . . . . . . . $13.34/hour LIFEGUARD TRAINER 1st year . . . . . . . . . . . . . . $15.74/hour 2nd year . . . . . . . . . . . . . $15.99/hour 3rd year . . . . . . . . . . . . . . $16.24/hour 4th year . . . . . . . . . . . . . . $16.49/hour 5th year . . . . . . . . . . . . . . $16.74/hour 6th year . . . . . . . . . . . . . . $16.99/hour 7th year . . . . . . . . . . . . . . $17.24/hour 8th year . . . . . . . . . . . . . . $17.49/hour 9th year+ . . . . . . . . . . . . . $17.74/hour Vote Record - Resolution 2006-405 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Initiator ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Scott Russell Voter 2006-406 CATEGORY: Public Service DEPARTMENT: Police Dept Grant Permission for Students From Mattituck/Cutchogue and Southold High Schools to Participate In Job Shadowing At the Police Deparment Page 8 May 9, 2006 Town of Southold Board Meeting RESOLVEDgrants permission for the that the Town Board of the Town of Southold hereby following students from Mattituck/Cutchogue and Southold High Schools to participate in "Job Shadow" day on Friday, April 28, 2006, at the Southold Town Police Department: Mattituck/Cutchogue Michael Lessard Tia Santacroce Southold Michael Patem Will Smith Megan Blanchard Doug Hartman Vote Record - Resolution 2006-406 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Seconder ? Adopted ???????? William P. Edwards Initiator ?? Adopted as Amended ?????????? Defeated Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2006-407 CATEGORY: Petty Cash DEPARTMENT: Recreation Authorizes that Certain Summer Personnel be Provided with Petty Cash Funds and Beach Stickers RESOLVEDauthorizes Southold Town Beach that the Town Board of the Town of Southold Attendants (7) and beach managers (2) to be supplied with a petty cash fund in the amount of $40.00 (30 singles, 2 fives) per person , to enable them to make change. Check in the amount of $360.00 to be made payable to Kenneth Reeves and all funds to be returned by Kenneth Reeves to the Town after the 2006 summer season. RESOLVEDauthorizes the issuance of beach that the Town Board of the Town of Southold parking permits to the following employees: Water Safety Instructors, Beach Attendants, Lifeguards, Lifeguard Trainer, Beach Managers, and Recreation Supervisor Ken Reeves. Page 9 May 9, 2006 Town of Southold Board Meeting Vote Record - Resolution 2006-407 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Seconder ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross Initiator ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2006-408 CATEGORY: Employment - Town DEPARTMENT: Police Dept Appoint John Helf, Jr., and Gregory Simmons As Traffic Control Officers - Seasonal - for the 2006 Season RESOLVEDappoints John Helf, Jr., that the Town Board of the Town of Southold hereby and Gregory Simmons to the position of Traffic Control Officers - Seasonal - for the 2006 season , effective May 26, 2006, at a rate of $13.63 per hour. Vote Record - Resolution 2006-408 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ?????????? Defeated Daniel C. Ross Seconder ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter 2006-409 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorize and Direct Supervisor Scott A. Russell to Execute the Contract Between the Town of Southold and the North Fork Audubon Society RESOLVED authorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Contract between the Town of Southold and the North Fork Audubon Society in connection with the beach-dependent species management program for Piping Plover Management , subject to the approval of the Town Attorney. Page 10 May 9, 2006 Town of Southold Board Meeting Vote Record - Resolution 2006-409 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Initiator ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Scott Russell Voter 2006-410 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorize and Direct Supervisor Scott A. Russell to Execute the Contract Between the Nature Conservancy and the Town of Southold RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Contract between The Nature Conservancy and the Town of Southold in connection with the beach-dependent species management program for Piping Plover Management , known as Contract #LIC 2005 05-04-05 E, for the term commencing on May 4, 2006 and ending on March 1, 2008, subject to the approval of the Town Attorney. Vote Record - Resolution 2006-410 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Initiator ? Adopted ???????? ??William P. Edwards Seconder Adopted as Amended ?????????? Defeated Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2006-411 CATEGORY: Budget DEPARTMENT: Accounting Modify the 2006 General Fund Whole Town Budget - Central Garage for MVA -- Marine Vehicle Vs. Code Enforcement Vehicle RESOLVEDmodifies the 2006 that the Town Board of the Town of Southold hereby General Fund Whole Town budget as follows: From: A.9901.9.000.300 Transfers to Other Funds Page 11 May 9, 2006 Town of Southold Board Meeting Transfers to Risk Retention Fund $1,725.00 To: A.1640.4.400.650 Central Garage, C.E. Vehicle Maintenance & Repairs $1,725.00 Vote Record - Resolution 2006-411 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Seconder ? Adopted ???????? ??William P. Edwards Initiator Adopted as Amended ?????????? Defeated Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2006-412 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorize and Direct Supervisor Scott A. Russell to Execute a Renewal Agreement Between the Town of Southold and the CSEA Employee Benefit Fund RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute a Renewal Agreement between the Town of Southold and the CSEA Employee Benefit Fund for dental benefits provided by the CSEA, for the term commencing as of January 1, 2003 and ending on December 31, 2007, subject to the approval of the Town Attorney. Vote Record - Resolution 2006-412 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross Initiator ?? Tabled ???????? Thomas H. Wickham Seconder ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2006-413 CATEGORY: Budget Modification DEPARTMENT: Police Dept Modify the 2006 Bay Constable Budget RESOLVEDmodifies the 2006 Bay that the Town Board of the Town of Southold hereby Constable budget as follows: Page 12 May 9, 2006 Town of Southold Board Meeting From: A.3130.2.300.100 Automobiles/Light Truck $3,500.00 To: A.3130.2.400.150 Light Bars $3,500.00 Vote Record - Resolution 2006-413 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Seconder ?? Withdrawn ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter 2006-414 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Public Works Authorize and Direct Supervisor Scott A. Russell to Execute an Agreement with the New York State Environmental Facilities Corporation RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an Agreement with the New York State Environmental Facilities Corporation, in the amount of $35,000, for funding under the Clean Vessel Act Assistance Program for a Pump-Out Boat for Fishers Island , all in accordance with the approval of the Town Attorney. Vote Record - Resolution 2006-414 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? ??William P. Edwards Voter Adopted as Amended ?????????? Defeated Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Initiator ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Scott Russell Voter 2006-415 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Public Works Authorize and Direct Supervisor Scott A. Russell to Execute an Agreement with the Suffolk County Department of Health Services, Division of Environmental Health RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an Agreement with the Suffolk County Department Page 13 May 9, 2006 Town of Southold Board Meeting of Health Services, Division of Environmental Health for funding, in the amount of $7,000 in connection with the purchase of a Pump-Out Boat for Fishers Island, all in accordance with the approval of the Town Attorney. Vote Record - Resolution 2006-415 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Initiator ? Adopted ???????? ??William P. Edwards Voter Adopted as Amended ?????????? Defeated Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Scott Russell Voter 2006-416 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Clerk Accept the Proposal of Pirates Cove Marine, Inc. , Fishers Island, New York, for Repair and Replacement of Channel Markers, Fishers Island RESOLVEDaccepts the proposal of that the Town Board of the Town of Southold hereby Pirates Cove Marine, Inc. , Fishers Island, New York, in the amount of $2,152.38 for repair and replacement of channel markers to be placed in both West Harbor and Hay Harbor, Fishers Island, New York, as well as repairing and replacing, or returning missing markers and instructional floats that are lost during the season, at a rate of $50.00 per marker, under the supervision of part-time Bay Constables, buoys to be prepared and placed at the beginning of the season, and removed and stored by October 17, 2006; foregoing all in accordance with the bid proposal. Vote Record - Resolution 2006-416 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? ??William P. Edwards Initiator Adopted as Amended ?? Defeated ???????? Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Scott Russell Voter 2006-417 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint Kendra Wadington to the Position of a Justice Court Clerk From the Civil Service List Page 14 May 9, 2006 Town of Southold Board Meeting RESOLVEDappoints Kendra that the Town Board of the Town of Southold hereby Wadington to the position of a Justice Court Clerk from the Civil Service list for Justice Court, effective May 11, 2006, at a rate of $40,854.09 per annum. Vote Record - Resolution 2006-417 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross Initiator ?? Tabled ???????? Thomas H. Wickham Seconder ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2006-418 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Public Works Authorize and Direct Supervisor Scott A. Russell to Execute an Easement Agreement Between the Town of Southold and the Suffolk County Water Authority RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an Easement Agreement between the Town of Southold and the Suffolk County Water Authority in connection with the Laurel Lake Preservation & Trail Plan, all in accordance with the approval of the Town Attorney. Vote Record - Resolution 2006-418 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Seconder ?? Withdrawn ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter 2006-419 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Public Works Authorize and Direct Supervisor Scott A. Russell to Execute a License Agreement Between the Town of Southold and the Suffolk County Water Authority RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute a License Agreement between the Town of Southold and the Suffolk County Water Authority in connection with the Laurel Lake Preservation & Page 15 May 9, 2006 Town of Southold Board Meeting Trail Plan, all in accordance with the approval of the Town Attorney. Vote Record - Resolution 2006-419 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Initiator ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Scott Russell Voter 2006-420 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Clerk Authorize Submission of a 2006 Proposal to the U.S. Department of Agriculture (USDA) Commodity Credit Corporation Farm and Ranch Lands Protection Program, RESOLVEDauthorizes submission of a that the Town Board of the Town of Southold hereby 2006 proposal to the U.S. Department of Agriculture (USDA) Commodity Credit Corporation Farm and Ranch Lands Protection Program, whereby the Town of Southold proposes a cooperative effort to acquire the development rights to agricultural properties which have been submitted by their owners to the Land Preservation committee of the Town of Southold for sale of such rights to the Town of Southold, in accordance with the terms of the Farm and Ranch Lands Protection Program (FRPP). Vote Record - Resolution 2006-420 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Initiator ? Adopted ???????? ??William P. Edwards Seconder Adopted as Amended ?????????? Defeated Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2006-421 CATEGORY: Budget Modification DEPARTMENT: Town Clerk Modify the 2006 Records Management Budget RESOLVEDmodifies the 2006 that the Town Board of the Town of Southold hereby Records Management budget to allow for the purchase of OSHA Hazardous Safety supplies for use in Town Hall basement vault and records room as follows: Page 16 May 9, 2006 Town of Southold Board Meeting From: A.1990.4.100.100 Contingent, C.E. $1,000.00 Unallocated contingencies To: A.1460.4.100.550 Contractual Expenses $1,000.00 Equipment, Parts/Supplies Vote Record - Resolution 2006-421 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Seconder ? Adopted ???????? William P. Edwards Initiator ?? Adopted as Amended ?????????? Defeated Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2006-422 CATEGORY: Retirement/Resignation DEPARTMENT: Town Clerk Accepts the Resignation of Colin Volinski From the Position of Student Intern In the Records Management Department RESOLVEDaccepts the resignation of that the Town Board of the Town of Southold hereby Colin Volinski from the position of Student Intern in the Records Management Department in the Office of the Town Clerk effective immediately. Vote Record - Resolution 2006-422 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? ??William P. Edwards Voter Adopted as Amended ?????????? Defeated Daniel C. Ross Initiator ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Scott Russell Voter 2006-423 CATEGORY: Bid Acceptance DEPARTMENT: Highway Department Accept the Bid of Corazzini Asphalt, Inc., for Furnishing and Placing Bituminous Surface Treatment Liquid Asphalt Grades 50% RC-250 and 50% MC-250 with Screened Sand (“Oil and Sand”) RESOLVEDaccepts the bid of that the Town Board of the Town of Southold hereby Corazzini Asphalt, Inc., for furnishing and placing Bituminous Surface Treatment Liquid Page 17 May 9, 2006 Town of Southold Board Meeting Asphalt Grades 50% RC-250 and 50% MC-250 With Screened Sand (“Oil and Sand”) within the Town of Southold, all in accordance with the bid specifications and the Town Attorney, and as follows: TownFishers Island (Mainland) Bituminous Surface Treatment $ 2.50 per sq. yd. $ 6.00 per sq. yd. Schim Mix Asphalt Concrete $ 82.00 per ton $160.00 per ton Fog Coat $ 2.00 per gallon $ 3.00 per gallon Vote Record - Resolution 2006-423 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? ??William P. Edwards Voter Adopted as Amended ?????????? Defeated Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Seconder ?? Withdrawn ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter 2006-424 CATEGORY: Bid Acceptance DEPARTMENT: Highway Department Accept the Bid of Corazzini Asphalt, Inc., for Furnishing and Placing Bituminous Surface Treatment RC- 250 Liquid Asphalt & 1A Stone (“Oil and Stone”) RESOLVEDaccepts the bid of that the Town Board of the Town of Southold hereby Corazzini Asphalt, Inc., for furnishing and placing Bituminous Surface Treatment RC-250 Liquid Asphalt & 1A Stone (“Oil and Stone”) within the Town of Southold, all in accordance with the bid specifications and Town Attorney, and as follows: TownFishers Island (Mainland) Bituminous Surface Treatment $ 2.60 per sq. yd. $ 7.00 per sq. yd. Schim Mix Asphalt Concrete $82.00 per ton $160.00 per ton Fog Coat: $ 2.00 per gallon $ 3.00 per gallon Page 18 May 9, 2006 Town of Southold Board Meeting Vote Record - Resolution 2006-424 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Initiator ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Scott Russell Voter 2006-425 CATEGORY: Bid Acceptance DEPARTMENT: Highway Department Accept the Bid of Corazzini Asphalt, Inc., for Furnishing and Placing Liquid Asphalt Grades RC-250 & MC-250 RESOLVEDaccepts the bid of that the Town Board of the Town of Southold hereby Corazzini Asphalt, Inc., for furnishing and placing Liquid Asphalt Grades RC-250 & MC- 250 within the Town of Southold, all in accordance with the bid specifications and Town Attorney, and as follows: Town Fishers Island (Mainland) Furnish and Place Within $4.50 per gallon $6.50 per gallon Vote Record - Resolution 2006-425 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Initiator ? Adopted ???????? ??William P. Edwards Seconder Adopted as Amended ?????????? Defeated Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2006-426 CATEGORY: Bid Acceptance DEPARTMENT: Town Clerk Accept the Bid of Corazzini Asphalt, Inc., for Furnishing and Placing Hot Mix Asphalt Concrete Pavement “Type 5 Shim” Sand Mix Asphalt RESOLVEDaccepts the bid of that the Town Board of the Town of Southold hereby Corazzini Asphalt, Inc., for furnishing and placing Hot Mix Asphalt Concrete Pavement “Type 5 Shim” Sand Mix Asphalt within the Town of Southold, all in accordance with the bid specifications and Town Attorney, and as follows: Page 19 May 9, 2006 Town of Southold Board Meeting Town Fishers Island (Mainland) Hot Mix Asphalt Concrete Pavement 0-300 tons: $130.00 per ton $220.00 per ton 300-500 $ 88.00 per ton $195.00 per ton 500-1000 $ 56.00 per ton $140.00 per ton Over 1000 $ 53.00 per ton $140.00 per ton Vote Record - Resolution 2006-426 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Seconder ? Adopted ???????? William P. Edwards Initiator ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2006-427 CATEGORY: Bid Acceptance DEPARTMENT: Highway Department Accept the Bid of Corazzini Brothers, Inc., for Furnishing and Placing Hot Mix Asphalt Concrete Pavement “Type 6 Top” RESOLVEDaccepts the bid of that the Town Board of the Town of Southold hereby Corazzini Brothers, Inc., for furnishing and placing Hot Mix Asphalt Concrete Pavement “Type 6 Top” within the Town of Southold, all in accordance with the bid specifications and Town Attorney, and as follows: Town Fishers Island (Mainland) 300-500 ton $70.00 per ton $200.00 per ton 500-1000 ton $54.90 per ton $150.00 per ton Over 1000 tons $53.90 per ton $150.00 per ton Vote Record - Resolution 2006-427 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? ??William P. Edwards Voter Adopted as Amended ?? Defeated ???????? Daniel C. Ross Initiator ?? Tabled ???????? Thomas H. Wickham Seconder ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter Page 20 May 9, 2006 Town of Southold Board Meeting 2006-428 CATEGORY: Bid Acceptance DEPARTMENT: Highway Department Accept the Bid of Corazzini Asphalt, Inc., for Furnishing and Placing Bituminous Surface Treatment RC- 250 Liquid Asphalt “Oil & Recycled Stone” RESOLVEDaccepts the bid of that the Town Board of the Town of Southold hereby Corazzini Asphalt, Inc., for furnishing and placing Bituminous Surface Treatment RC-250 Liquid Asphalt “Oil & Recycled Stone ” within the Town of Southold, all in accordance with the bid specifications and Town Attorney, and as follows: Town (Mainland) Bituminous Surface Treatment $ 2.00 per sq. yd. Schim Mix Asphalt Concrete $82.00 per ton Fog Coat $ 2.00 per gallon Vote Record - Resolution 2006-428 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Seconder ?? Withdrawn ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter 2006-429 CATEGORY: Bid Acceptance DEPARTMENT: Highway Department Accept the Bid of Thomas H. Gannon & Sons, Inc., for the Application of Polymer Modified Emulsified Asphalt Pavement, Type II Micro-Surfacing RESOLVEDaccepts the bid of Thomas that the Town Board of the Town of Southold hereby H. Gannon & Sons, Inc., for the application of Polymer Modified Emulsified Asphalt Pavement, Type II Micro-Surfacing within the Town of Southold, all in accordance with the bid specifications and Town Attorney, and as follows: Type II Micro-Surfacing $ 1.49 per sq. yd. Page 21 May 9, 2006 Town of Southold Board Meeting Truing & Leveling (Type 5 – Shim) $95.00 per ton Vote Record - Resolution 2006-429 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Initiator ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Scott Russell Voter 2006-430 CATEGORY: Bid Acceptance DEPARTMENT: Highway Department Accept the Bid of Corazzini Brothers, Inc., In the Amount of $57.00 Per Ton, for the Purchase of Type 6 Asphalt , to be Picked Up and Used by the Southold Town Highway Department RESOLVEDaccepts the bid of that the Town Board of the Town of Southold hereby Corazzini Brothers, Inc., in the amount of $57.00 per ton, for the purchase of Type 6 Asphalt, to be picked up and used by the Southold Town Highway Department and in accordance with the bid specifications and Town Attorney.. Vote Record - Resolution 2006-430 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Initiator ? Adopted ???????? William P. Edwards Seconder ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2006-431 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint Darcy Scroxton to the Position of a Part-Time Seasonal Clerk RESOLVEDappoints Darcy Scroxton to that the Town Board of the Town of Southold hereby the position of a Part-time Seasonal Clerk for the Fishers Island Ferry District, effective May 2, 2006, at a rate of $9.50 per hour. Page 22 May 9, 2006 Town of Southold Board Meeting Vote Record - Resolution 2006-431 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Seconder ? Adopted ???????? William P. Edwards Initiator ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2006-432 CATEGORY: Strawberry Fields DEPARTMENT: Town Clerk Grant Permission to the Mattituck Lions Club to Hold Their Annual Strawberry Festival and Country Fair RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Mattituck Lions Club to hold their annual Strawberry Festival and Country Fair , Route 48, Mattituck from Monday, June 12, 2006 through June 18, 2006 provided they file with the Town Clerk a one million dollar Certificate of Liability with the Town Clerk. Capt. Flatley to be contacted at within ten (10) days after Town Board approval to coordinate traffic control. Note: Certificate of Insurance has been filed Vote Record - Resolution 2006-432 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? ??William P. Edwards Voter Adopted as Amended ?????????? Defeated Daniel C. Ross Initiator ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Scott Russell Voter 2006-433 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Designate the Chief Inspector And/Or Each of the Duly Appointed Inspectors of Certified Electrical Inspections, Inc., As Electrical Inspectors of the Town of Southold RESOLVED designates the Chief that the Town Board of the Town of Southold hereby Inspector and/or each of the duly appointed inspectors of Certified Electrical Inspections, Inc., 188A Park Avenue, Amityville, New York 11701, as electrical inspectors of the Town of Southold , and authorizes and deputizes them as agents of the Town of Southold to make Page 23 May 9, 2006 Town of Southold Board Meeting inspections and re-inspections of all electrical installations, all in accordance with Chapter 43 (Electrical Inspections) of the Code of the Town of Southold; and it is further RESOLVED that Certified Electrical Inspections, Inc., in accordance with Chapter 43, Section 43-2, of the Town Code of the Town of Southold, shall provide the Town of Southold with a Certificate of Liability Insurance in the amount of Nine (9) Million Dollars ($9,000,000), naming the Town of Southold as an additional insured. Vote Record - Resolution 2006-433 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? ??William P. Edwards Voter Adopted as Amended ?? Defeated ???????? Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Seconder ?? Withdrawn ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter 2006-434 CATEGORY: Grants DEPARTMENT: Community Development Authorize and Direct Supervisor Scott A. Russell to Sign a Grant Application for Funding Under the New York State Environmental Protection Fund And/Or the Clean Water/Clean Air Bond Act RESOLVED authorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to sign a grant application for funding under the New York State Environmental Protection Fund and/or the Clean Water/Clean Air Bond Act, as part of the New York State Parks, Recreation and Historic Preservation - Grants Program, in connection with the acquisition of the Peconic Lane School, Peconic, New York, for use as a community recreation center. Vote Record - Resolution 2006-434 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ?????????? Defeated Daniel C. Ross Seconder ?? Tabled ???????? Thomas H. Wickham Initiator ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2006-435 CATEGORY: Grants Page 24 May 9, 2006 Town of Southold Board Meeting DEPARTMENT: Community Development Authorize and Direct Supervisor Scott A. Russell to Sign a Grant Application for Funding Under the New York State Environmental Protection Fund And/Or the Clean Water/Clean Air Bond Act RESOLVED authorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to sign a grant application for funding under the New York State Environmental Protection Fund and/or the Clean Water/Clean Air Bond Act, as part of the New York State Department of State Local Waterfront Revitalization Grant Program in connection with the Goldsmith Jetty Reconstruction Project Vote Record - Resolution 2006-435 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Initiator ? Adopted ???????? ??William P. Edwards Voter Adopted as Amended ?????????? Defeated Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Seconder ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2006-436 CATEGORY: Grants DEPARTMENT: Community Development Authorize and Direct Supervisor Scott A. Russell to Sign a Grant Application for Funding Under the New York State Environmental Protection Fund and /Or the Clean Water/Clean Air Bond Act. RESOLVED authorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to sign a grant application for funding under the New York State Environmental Protection Fund and /or the Clean Water/Clean Air Bond Act, as part of the New York State Department of Environmental Conservation – Water Quality Improvement Program in connection with Stormwater Drainage Projects in the Town of Southold Vote Record - Resolution 2006-436 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Seconder ? Adopted ???????? William P. Edwards Initiator ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter Page 25 May 9, 2006 Town of Southold Board Meeting 2006-437 CATEGORY: Employment - Town DEPARTMENT: Public Works Appoint Kenneth Heidtmann to the Position of a Seasonal Laborer for the Department of Public Works RESOLVEDappoints Kenneth that the Town Board of the Town of Southold hereby Heidtmann to the position of a Seasonal Laborer for the Department of Public Works , effective May 10, 2006, at a rate of $12.59 per hour. Vote Record - Resolution 2006-437 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross Initiator ?? Tabled ???????? Thomas H. Wickham Seconder ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2006-438 CATEGORY: Budget Modification DEPARTMENT: Data Processing Modify the 2006 General Fund Budget - Data Processing RESOLVEDmodifies the 2006 General that the Town Board of the Town of Southold hereby Fund budget, as follows: From: A.1010.4.600.200 Town Board Meetings and Seminars $365.00 To: A.1680.2.400.450 Data Processing Workstation/Servers Periph $365.00 Vote Record - Resolution 2006-438 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Seconder ?? Withdrawn ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter 2006-439 CATEGORY: Local Law Public Hearing Page 26 May 9, 2006 Town of Southold Board Meeting DEPARTMENT: Town Attorney Set June 20, 2006 At 5:00 Pm., Southold Town Hall As the Time and Place for a Public Hearing on Amendment to Volunteer FirefighterTax Exemption Local Law WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New th “A Local Law in relation to Extending the Tax York, on the 9 day of May, 2006 a Local Law entitled Exemption for Unremarried Spouses of Deceased Firefighters and Ambulance Workers Killed in Line of Duty” now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid 20th day of June, Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 2006 at 5:00 p.m. at which time all interested persons will be given an opportunity to be heard. “A Local Law in relation to Extending the Tax Exemption for Un- The proposed Local Law entitled, remarried Spouses of Deceased Firefighters and Ambulance Workers Killed in Line of Duty” reads as follows: LOCAL LAW NO. 2006 A Local Law in relation to Extending the Tax Exemption for Un-remarried Spouses of Deceased Firefighters and Ambulance Workers Killed in Line of Duty . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The amendments to this local law are intended to permit the Board of Assessors to extend the Real Property tax exemption granted to the un-remarried spouses of volunteer fire fighters and ambulance workers who are killed in the line of duty. In support of these vitally necessary volunteers and their efforts to preserve the health, safety and welfare of the citizens of the Town of Southold, the Town Board finds it appropriate to extend such tax exemptions to their un-remarried spouses in the event of such tragedy. II. Chapter 85 of the Code of the Town of Southold is hereby amended as follows: § 85-13. Un-remarried spouses of volunteer firefighters or volunteer ambulance workers killed in line of duty. Any exemption granted under § 85-11 to an enrolled member of an incorporated volunteer fire company, fire department, or incorporated volunteer ambulance service, shall be extended to Page 27 May 9, 2006 Town of Southold Board Meeting such deceased enrolled member's un-remarried spouse if such member is killed in the line of duty; provided, however, that: A. Such un-remarried spouse is certified by the authority having jurisdiction for the incorporated volunteer fire company, fire department or incorporated volunteer ambulance service as an un-remarried spouse of an enrolled member of such incorporated volunteer fire company, fire department or incorporated voluntary ambulance service who was killed in the line of duty; and B. Such deceased volunteer had been an enrolled member for at least five years; and C. Such deceased volunteer had been receiving the exemption prior to his or her death. § 85-14. Applicability. Section 85-14 shall apply to assessment rolls prepared on the basis of taxable status dates occurring on or after January 1, 2006. III. Severability. The provisions of this local law are severable. If any provision of this local law is found invalid, such finding shall not affect the validity of this local law as a whole or any part or provision hereof other than the provision so found to be invalid. IV. Effective Date. This local law shall take effect immediately upon its filing in the office of the Secretary of State in accordance with Section 27 of the Municipal Home Rule Law. Vote Record - Resolution 2006-439 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross Seconder ?? Tabled ???????? Thomas H. Wickham Initiator ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2006-440 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District Modify the 2006 Solid Waste District Budget - Electric Switch RESOLVEDmodifies the 2006 that the Town Board of the Town of Southold hereby Solid Waste District budget as follows: Page 28 May 9, 2006 Town of Southold Board Meeting From: SR 8160.4.100.566 $ 2,000 SR 8160.4.400.825 $ 2,600 To: SR 8160.2.500.750 $ 4,600 Vote Record - Resolution 2006-440 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Seconder ?? Adopted as Amended ?????????? Defeated Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Initiator ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2006-441 CATEGORY: Employment - Town DEPARTMENT: Police Dept Reinstate Michael Boken to the Position of Public Safety Dispatcher I for the Police Department RESOLVEDreinstates Michael Boken that the Town Board of the Town of Southold hereby as a Public Safety Dispatcher I for the Police Department, effective May 25, 2006, starting at pay Step 4 ($49,865.42). Vote Record - Resolution 2006-441 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Initiator ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Seconder ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2006-442 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Clerk Set June 20, 2006, At 5:05 Pm, As the Time and Place for a Public Hearing on a Local Law In Relation to Size Limitations on Retail Uses WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk “A Local Law in County, New York, on the 9th day of May, 2006 a Local Law entitled relation to Size Limitations on Retail Uses”, now, therefore, be it Page 29 May 9, 2006 Town of Southold Board Meeting RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on th 6 of June, 2006 at 8:00 p.m. the at which time all interested persons will be given an opportunity to be heard; and be it further RESOLVED that the Town Board of the Town of Southold hereby directs the Town Clerk to transmit this proposed Local Law to the Suffolk County Planning Commission and the Town of Southold Planning Board for their reports and recommendations. “A Local Law in relation to Size Limitations on Retail The proposed Local Law entitled, Uses” reads as follows: LOCAL LAW NO. OF 2006 “A Local Law in relation to Size Limitations on Retail Uses” A Local Law entitled, . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose – The goals of the Town of Southold, as set forth in numerous planning documents over the past twenty years, include the preservation of land, preservation of the rural, cultural and historic character of the hamlets, preservation of the Town’s natural environment and natural resources, promotion of a range of housing and business opportunities that support a socio-economically diverse community, and an increase in transportation efficiency while preserving the scenic and historic attributes of the Town. The Town of Southold Hamlet Study, adopted by the Town Board in 2005, recommended amendments to the zoning code which would strengthen the business centers and encourage businesses that support the east end lifestyle. The study concludes that large-scale commercial activity is inconsistent with the community character of the Town, and would be inappropriate. The Local Waterfront Revitalization Plan (LWRP), also adopted by the Town Board in 2005, mandates that all new development should be integrated in the hamlets in a manner that is compatible with the community character, and the economic vitality of the business districts should be enhanced. A report prepared for the Town Board by Mark Terry, Acting Department Head, dated November 2005 titled the “Impacts of Big Box and Large Retail Stores on Community Business and Proposed Amendments to the Town of Southold Town Code” highlights the Page 30 May 9, 2006 Town of Southold Board Meeting detrimental effects large scale commercial development can have on small towns. The Town of Southold’s unique geography coupled with these potential detrimental effects on the community have prompted the Town Board to prepare this Local Law. The Town Board enacted a temporary moratorium on retail site plans and special exception use permits over 3000 square feet in October 2005 in order to allow the Town the opportunity to grapple with the issue and adequately prepare a solution to the mounting pressure from large scale retailers. This Local Law is intended to place limits on the sizes of retail structures in the Town of Southold, in order to preserve the community character of the hamlets and the sustainability of the business districts. In addition, the law provides that those seeking larger retail businesses will comply with the Town’s design standards and to demonstrate that the new structure will be in harmony with surrounding community and local economy. II. Chapter 100 of the Code of the Town of Southold is hereby amended as follows: § 100-91. Use Regulations. In the HB District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. The following are permitted uses and, except for those uses permitted under Subsection A(1), A(2), A(3) and A(20) hereof, are subject to site plan approval by the Planning Board: (7) Retail stores, up to a maximum of 6,000 total square feet of gross floor area in any building (inclusive of all floor area associated with the retail store(s)), notwithstanding the provisions of the Bulk Schedule for Business, Office and Industrial Districts. Such retail stores greater than 3,000 total square feet shall comply with the retail building standards for HB Districts listed below, in addition to the site plan requirements of this Chapter. (a) Building Massing and Facade Treatment i. Variation in Massing a. A single, large, dominant building mass shall be prohibited. b. There shall be no blank, unarticulated, exterior building walls. All exterior building walls shall include materials and design characteristics consistent with those on the front of the building. Page 31 May 9, 2006 Town of Southold Board Meeting ii. Building walls that face public streets, connecting pedestrian walkways, or adjacent development shall meet the following standards: (a) Facades shall be subdivided and proportioned using features such as windows, entrances, arcades, arbors, awnings, trellises with vines, or alternate architectural detail that defines human scale, along no less than sixty percent (60%) of the facade. (b) To maintain the “Main Street” character in the Hamlet Centers (requires definition), buildings shall be sited with a zero (0) or minimum setback from the front property line or primary pedestrian walkways and be transparent between the height of three (3) feet and eight (8) feet above the grade of the walkway for no less than sixty 60% of the horizontal length of the building facade. iii. Awnings. (a) Awnings shall be no longer than a single storefront. (b) Fabric awnings and canvas awnings with a matte finish are permitted. Awnings with high gloss finish and illuminated, plastic awnings are prohibited. iv. Customer Entrances Buildings shall have clearly-defined, highly-visible customer entrance(s) featuring no fewer than three (3) of the following: (a) Canopies or porticos; (b) Overhangs; (c) Recesses/projections; (d) Arcades; (e) Raised corniced parapets over the door; (f) Peaked roof forms; (g) Arches; (h) Outdoor patios; (i) Display windows; (j) Architectural detail such as tile work and moldings integrated into the building structure and design; or (k) Integral planters or wing walls that incorporate landscaped areas and/or places for sitting. Page 32 May 9, 2006 Town of Southold Board Meeting v. Buildings containing a drive-through or drive-up window are prohibited. (b) Building Materials 1. All buildings should be constructed or clad with materials that Are durable, economically-maintained, and of a quality that will retain their appearance over time, including, but not limited to, natural or synthetic stone; brick; stucco; integrally-colored, textured, or glazed concrete masonry units or glass. 2. Exterior building materials shall not include the following: i. Smooth-faced gray concrete block, painted or stained concrete block, tilt-up concrete panels; ii. Field-painted or pre-finished standard corrugated metal siding; (c) Signage 1. Advertisements, including trademark logos, service marks may not be affixed, painted or glued onto the windows of the business or onto any exterior structures, including waste disposal receptacles and flags. 2. Florescent and backlit signs located within or on a building or structure and facing an exterior public space are prohibited. (d) Site Design 1. The principal building entrance shall face the primary street frontage and/or sidewalk. 2. New construction along primary pedestrian walkways within the Hamlet Centers (requires definition) shall have a zero (0) or minimum setback from the sidewalk/ front property line, whenever possible, to reinforce the “Main Street” street wall. (e) Off–Street Parking 1. Off -street parking shall not be located in the front yard Between the front facade of the building (s) and the primary abutting Street Parking areas must be located in the side and rear yards of the building. Adequate parking shall be provided in accordance with Page 33 May 9, 2006 Town of Southold Board Meeting that required by Article XIX, of the Town of Southold Town Code. 2. Parking areas shall be screened from adjacent properties, streets and public sidewalks, pursuant to § 100-214. Landscaped Parking Area. B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, except Subsection (10) which may be permitted as a special exception by the Planning Board, and all such special exception uses shall be subject to site plan approval by the Planning Board. (10) Retail stores in excess of 6,000 total square feet of gross floor area in any building, up to a maximum of 12,000 total square feet of such gross floor area in any building (inclusive of all floor area associated with the retail store(s)), subject to the following requirements: (a) Compliance with the retail building standards listed below, in addition to the site plan requirements of this Chapter. 1. Building Massing and Facade Treatment a. Variation in Massing i. A single, large, dominant building mass shall be prohibited. ii. There shall be no blank, unarticulated, exterior building walls. All exterior building walls shall include materials and design characteristics consistent with those on the front of the building. iii. Building walls that face public streets, connecting pedestrian walkways, or adjacent development shall meet the following standards: (a) Facades shall be subdivided and proportioned using features such as windows, entrances, arcades, arbors, awnings, trellises with vines, or alternate architectural detail that defines human scale, along no less than sixty percent (60%) of the facade. (b) To maintain the “Main Street” character Page 34 May 9, 2006 Town of Southold Board Meeting in the Hamlet Centers (requires definition), buildings shall be sited with a zero (0) or minimum setback from the front property line or primary pedestrian walkways and be transparent between the height of three (3) feet and eight (8) feet above the grade of the walkway for no less than sixty 60% of the horizontal length of the building facade (c) Buildings shall consist of a building bay Or structural building system that is a maximum of thirty feet (30’) in width. Bays shall be visually established by architectural features such as columns, ribs or pilasters, piers, changes in wall planes and changes in texture or materials. iv. Awnings. (a) Awnings shall be no longer than a single storefront. (b) Fabric awnings and canvas awnings with a matte finish are permitted. Awnings with high gloss finish and illuminated, plastic awnings are prohibited. v. Customer Entrances Buildings shall have clearly-defined, highly- visible customer entrance(s) featuring no fewer than three (3) of the following: (a) Canopies or porticos; (b) Overhangs; (c) Recesses/projections; (d) Arcades; (e) Raised corniced parapets over the door; (f) Peaked roof forms; (g) Arches; (h) Outdoor patios; (i) Display windows; Page 35 May 9, 2006 Town of Southold Board Meeting (j) Architectural detail such as tile work and moldings integrated into the building structure and design; or (k) Integral planters or wing walls that incorporate landscaped areas and/or places for sitting. vi. Buildings containing a drive-through or drive- up window are prohibited. 2. Building Materials a. All buildings should be constructed or clad with materials that are durable, economically-maintained, and of a quality that will retain their appearance over time, including, but not limited to, natural or synthetic stone; brick; stucco; integrally-colored, textured, or glazed concrete masonry units or glass. b. Exterior building materials shall not include the following: i. Smooth-faced gray concrete block, painted or stained concrete block, tilt-up concrete panels; ii. Field-painted or pre-finished standard corrugated metal siding; 3. Signage a. Advertisements, including trademark logos, service marks may not be affixed, painted or glued onto the windows of the business or onto any exterior structures, including waste disposal receptacles and flags. b. Florescent and backlit signs located within or on a building or structure and facing an exterior public space are prohibited. 4. Site Design a. The principal building entrance shall face the primary street frontage and/or sidewalk. Page 36 May 9, 2006 Town of Southold Board Meeting b. New construction along primary pedestrian walkways within the Hamlet Centers (requires definition) shall have a zero (0) or minimum setback from the sidewalk/front property line, whenever possible, to reinforce the “Main Street” street wall. 5. Off–Street Parking a. Off -street parking shall not be located in the front yard between the front facade of the building (s) and the primary abutting street. Parking areas must be located in the side and rear yards of the building. Adequate parking shall be provided in accordance with that required by Article XIX, of the Town of Southold Town Code. b. Parking areas shall be screened from adjacent properties, streets and public sidewalks, pursuant to § 100-214. Landscaped Parking Area. (b) The Planning Board shall determine that the proposed retail store(s) will not have an undue adverse impact on the community. In making such a determination, the Planning Board shall conduct or hire a consultant to conduct a Market and Municipal Impact Study, at the expense of the applicant. Such study shall include an analysis of the projected impact of the retail store(s) on: i. The existing local retail market, including market shares, if applicable. ii. The supply and demand for local retail space. iii. Local wages, benefit and employment. iv. Revenues retained within the local economies of the Town of Southold. v. Public service and facilities costs. vi. Public revenues. vii. Impacts on municipal taxes. viii. Impacts of property values in the community. ix. Effects on retail operations in the surrounding market area. x. Employee housing needs, if applicable. xi. The Town of Southold’s ability to implement its Comprehensive Plan consistent with the proposed project. Page 37 May 9, 2006 Town of Southold Board Meeting §100-101. Use regulations. In the B District, no building or premises shall be used and no building or part thereof shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1), (12) and (13) hereof, are subject to site plan approval by the Planning Board: (2) Any permitted use set forth in and regulated by § 100-91A(3) to (21) of the Hamlet Business District, except Subsection A(7) as applicable in the Business District is herein modified as follows: (a) Retail stores, up to a maximum of 8,000 total square feet of gross floor area in any building (inclusive of all floor area associated with the retail store(s), notwithstanding the provisions of the Bulk Schedule for Business, Office and Industrial Districts. Such retail stores greater than 4,000 total square feet shall comply with the retail building standards for B Districts listed below, in addition to the site plan requirements of this Chapter. 1. Building Massing and Façade Treatment a. Variation in Massing i. A single, large, dominant building mass shall be prohibited. ii. There shall be no blank, unarticulated, exterior building walls. All exterior building walls shall include materials and design characteristics consistent with those on the front of the building. iii. Building walls that face public streets, connecting pedestrian walkways, or adjacent development shall meet the following standards: (a) Facades shall be subdivided and proportioned using features such as windows, entrances, arcades, arbors, Page 38 May 9, 2006 Town of Southold Board Meeting awnings, trellises with vines, or alternate architectural detail that defines human scale, along no less than sixty percent (60%) of the facade. iv. Awnings. a. Awnings shall be no longer than a single storefront. b. Fabric awnings and canvas awnings with a matte finish are permitted. Awnings with high gloss finish and illuminated, plastic awnings are prohibited. v. Customer Entrances Retail buildings shall have clearly-defined, highly- visible customer entrance(s) featuring no less than three (3) of the following: (a) Canopies or porticos; (b) Overhangs; (c) Recesses/projections; (d) Arcades; (e) Raised corniced parapets over the door; (f) Peaked roof forms; (g) Arches; (h) Outdoor patios; (i) Display windows; (j) Architectural detail such as tile work and moldings integrated into the building structure and design; or (k) Integral planters or wing walls that incorporate landscaped areas and/or places for sitting. vi. Buildings containing a drive-through or drive- up window are prohibited. 2. Building Materials a. All primary buildings should be constructed or clad with materials that are durable, economically-maintained, and of a quality that will retain their appearance over time, Page 39 May 9, 2006 Town of Southold Board Meeting including, but not limited to, natural or synthetic stone; brick; stucco; integrally-colored, textured, or glazed concrete masonry units or glass. b. Exterior building materials shall not include the following: i. Smooth-faced gray concrete block, painted or stained concrete block, tilt-up concrete panels; ii. Field-painted or pre-finished standard corrugated metal siding; 3. Signage a. Advertisements, including trademark logos, service marks may not be affixed, painted or glued onto the windows of the business or onto any exterior structures, including waste disposal receptacles and flags. b. Florescent and backlit signs located within or on a building or structure and facing an exterior public space are prohibited. 4. Site Design a. The principal building entrance shall face the primary street frontage and/or sidewalk. 5. Off–Street Parking a. No greater that thirty percent (30%) of the off street parking spaces provided for all uses contained in the development’s building(s) shall be located between the front facade of the building(s) and the primary abutting street. Adequate parking shall be provided in accordance with that required by Article XIX, of the Town of Southold Town Code. b. Parking areas shall be screened from adjacent properties, treets and public sidewalks, pursuant to § 100- 214. Landscaped Parking Area. B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, Page 40 May 9, 2006 Town of Southold Board Meeting except Subsection (17) which may be permitted as a special exception by the Planning Board, and all such special exception uses shall be subject to site plan approval by the Planning Board. (17) Retail stores in excess of 8,000 total square feet of gross floor area in any building, up to a maximum of 15,000 total square feet of such gross floor area in any building (inclusive of all floor area associated with the retail store(s), subject to the following requirements: (a) Compliance with the retail building standards for B Districts listed below, in addition to the site plan requirements of this Chapter. 1. Building Massing and Facade Treatment a. Variation in Massing i. A single, large, dominant building mass shall be prohibited. ii. There shall be no blank, unarticulated, exterior building walls. All exterior building walls shall include materials and design characteristics consistent with those on the front of the building. iii. Building walls that face public streets, connecting pedestrian walkways, or adjacent development shall meet the following standards: (a) Facades shall be subdivided and proportioned using features such as windows, entrances, arcades, arbors, awnings, trellises with vines, or alternate architectural detail that defines human scale, along no less than sixty percent (60%) of the facade. iv. Buildings shall consist of a building bay or structural building system that is a maximum of thirty feet (30’) in width. Bays shall be visually established by architectural features such as columns, ribs or pilasters, piers, changes in wall planes and changes in texture or materials. Page 41 May 9, 2006 Town of Southold Board Meeting v. Awnings. a. Awnings shall be no longer than a single storefront. b. Fabric awnings and canvas awnings with a matte finish are permitted. Awnings with high gloss finish and illuminated, plastic awnings are prohibited. vi. Customer Entrances Retail buildings shall have clearly-defined, highly-visible customer entrance(s) featuring no less than three (3) of the following: (a) Canopies or porticos; (b) Overhangs; (c) Recesses/projections; (d) Arcades; (e) Raised corniced parapets over the door; (f) Peaked roof forms; (g) Arches; (h) Outdoor patios; (i) Display windows; (j) Architectural detail such as tile work and moldings integrated into the building structure and design; or (k) Integral planters or wing walls that incorporate landscaped areas and/or places for sitting. vii. Buildings containing a drive-through or drive-up window are prohibited. 2. Building Materials a. All primary buildings should be constructed or clad with materials that are durable, economically-maintained, and of a quality that will retain their appearance over time, including, but not limited to, natural or synthetic stone; brick; stucco; integrally-colored, textured, or glazed concrete masonry units or glass. b. Exterior building materials shall not include the following: i. Smooth-faced gray concrete block, painted or stained concrete block, tilt-up concrete panels; Page 42 May 9, 2006 Town of Southold Board Meeting ii. Field-painted or pre-finished standard corrugated metal siding; 3. Signage a. Advertisements, including trademark logos, service marks may not be affixed, painted or glued onto the windows of the business or onto any exterior structures, including waste disposal receptacles and flags. b. Florescent and backlit signs located within or on a building or structure and facing an exterior public space are prohibited. 4. Site Design a. The principal building entrance shall face the primary street frontage and/or sidewalk. 5. Off–Street Parking a. No greater that thirty percent (30%) of the off street parking spaces provided for all uses contained in the development’s building(s) shall be located between the front facade of the building(s) and the primary abutting street. Adequate parking shall be provided in accordance with that required by Article XIX, of the Town of Southold Town Code. b. Parking areas shall be screened from adjacent properties, streets and public sidewalks, pursuant to § 100-214. Landscaped Parking Area. (b) The Planning Board shall determine that the proposed retail store(s) will not have an undue adverse impact on the community. In making such a determination, the Planning Board shall conduct or hire a consultant to conduct a Market and Municipal Impact Study, at the expense of the applicant. Such study shall include an analysis of the projected impact of the retail store(s) on: i. The existing local retail market, including market shares, if applicable. ii. The supply and demand for local retail space. iii. Local wages, benefit and employment. Page 43 May 9, 2006 Town of Southold Board Meeting iv. Revenues retained within the local economies of the Town of Southold. v. Public service and facilities costs. vi. Public revenues. vii. Impacts on municipal taxes. viii. Impacts of property values in the community. ix. Effects on retail operations in the surrounding market area. x. Employee housing needs, if applicable. xi. The Town of Southold’s ability to implement its Comprehensive Plan consistent with the proposed project. 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 2006-442 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ?????????? Defeated Daniel C. Ross Initiator ?? Tabled ???????? Thomas H. Wickham Seconder ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2006-443 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Clerk Set June 20, 2006, 5:10 Pm, As the Time and Place for a Public Hearing on a Local Law In Relation to Amendments to the Minor Exempt Actions List of the Waterfront Consistency Review Law Page 44 May 9, 2006 Town of Southold Board Meeting WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New th “A Local Law in relation to Amendments to the York, on the 9 day of May, 2006 a Local Law entitled Minor Exempt Actions List of the Waterfront Consistency Review Law” now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid th day of June, Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 6 2006 at 8:05 p.m. at which time all interested persons will be given an opportunity to be heard; and be it further RESOLVED that the Town Board of the Town of Southold hereby directs the Town Clerk to transmit this proposed Local Law to the Suffolk County Planning Commission and the Town of Southold Planning Board for their reports and recommendations. “A Local Law in relation to Amendments to the Minor Exempt The proposed Local Law entitled, Actions List of the Waterfront Consistency Review Law” reads as follows: LOCAL LAW NO. 2006 A Local Law in relation to Amendments to the Minor Exempt Actions List of the Waterfront Consistency Review Law . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The amendments to this local law are adopted under the authority of the Municipal Home Rule Law and the Waterfront Revitalization of Coastal Areas and Inland Waterways Act of the State of New York (Article 42 of the Executive Law). It is intended that, by making additions to the “minor actions” exempt list, certain actions that by their nature will not have an adverse effect on the coastal area and resources will not require a review under this law, which will result in a more efficient review process. II. Chapter 95 of the Code of the Town of Southold is hereby amended as follows: § 95-3. Definitions. MINOR ACTIONS — Include the following actions, which are not subject to review under this chapter: A. Maintenance or repair involving no substantial changes in an existing structure or facility; Page 45 May 9, 2006 Town of Southold Board Meeting B. Replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the same site, including upgrading buildings to meet building or fire codes, except for structures in areas designated by the Coastal Erosion Hazard Area (CEHA) law where structures may not be replaced, rehabilitated or reconstructed without a permit; C. Repaving or widening of existing paved highways not involving the addition of new travel lanes; D. Street openings and right-of-way openings for the purpose of repair or maintenance of existing utility facilities; E. Maintenance of existing landscaping or natural growth, except where threatened or endangered species of plants or animals are affected, or within significant coastal fish and wildlife habitat areas; F. Granting of individual setback and, lot line and lot area variances, except in relation to a regulated natural feature or a bulkhead or other shoreline defense structure or any activity within the CEHA; G. Minor temporary uses of land having negligible or no permanent impact on coastal resources or the environment; H. Installation of traffic control devices on existing streets, roads and highways; I. Mapping of existing roads, streets, highways, natural resources, land uses and ownership patterns; J. Information collection including basic data collection and research, water quality and pollution studies, traffic counts, engineering studies, surveys, subsurface investigations and soils studies that do not commit the agency to undertake, fund or approve any action; K. Official acts of a ministerial nature involving no exercise of discretion, including building where issuance is predicated solely on the applicant's compliance or noncompliance with the relevant local building code; L. Routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment; M. Conducting concurrent environmental, engineering, economic, feasibility and other studies and preliminary planning and budgetary processes necessary to the formulation of a proposal for action, provided those activities do not commit the agency to commence, engage in or approve such action; N. Collective bargaining activities; O. Investments by or on behalf of agencies or pension or retirement systems, or refinancing existing debt; P. Inspections and licensing activities relating to the qualifications of individuals or businesses to engage in their business or profession; Q. Purchase or sale of furnishings, equipment or supplies, including surplus government Page 46 May 9, 2006 Town of Southold Board Meeting property, other than the following: land, radioactive material, pesticides, herbicides, storage of road de-icing substances, or other hazardous materials; R. Adoption of regulations, policies, procedures and local legislative decisions in connection with any action on this list; S. Engaging in review of any part of an application to determine compliance with technical requirements, provided that no such determination entitles or permits the project sponsor to commence the action unless and until all requirements of this chapter have been fulfilled; T. Civil or criminal enforcement proceedings, whether administrative or judicial, including a particular course of action specifically required to be undertaken pursuant to a judgment or order, or the exercise of prosecutorial discretion; U. Adoption of a moratorium on land development or construction; V. Interpreting an existing code, rule or regulation; W. Designation of local landmarks or their inclusion within historic districts; X. Emergency actions that are immediately necessary on a limited and temporary basis for the protection or preservation of life, health, property or natural resources, provided that such actions are directly related to the emergency and are performed to cause the least change or disturbance, practicable under the circumstances, to coastal resources or the environment. Any decision to fund, approve or directly undertake other activities after the emergency has expired is fully subject to the review procedures of this chapter; Y. Local legislative decisions such as rezoning where the Town Board determines the action will not be approved;. Z. Split rail fences not interfering with the public’s rights of passage along the foreshore; AA. Removal of a structure greater than 75 feet from a wetland; BB. Additions to the landward side of an existing dwelling constituting less than 25 percent of the existing structure, except in a Coastal Erosion Hazard Area; CC. Structures less than 100 square feet in size that are accessory to existing permitted primary structures, and which accessory structures are greater than 50 feet from a tidal wetland; DD. Pervious residential driveways greater than 50 feet from a wetland; EE. Upgrades to existing fuel tanks; FF. Cutting phragmites to greater than 12 inches and vegetative restoration; GG. Bulkhead to replace existing bulkhead on the applicant’s property in the same location with a silt curtain employed during construction; and HH. Lot line changes. III. Severability. Page 47 May 9, 2006 Town of Southold Board Meeting The provisions of this local law are severable. If any provision of this local law is found invalid, such finding shall not affect the validity of this local law as a whole or any part or provision hereof other than the provision so found to be invalid. IV. Effective Date. This local law shall take effect immediately upon its filing in the office of the Secretary of State in accordance with Section 27 of the Municipal Home Rule Law. Vote Record - Resolution 2006-443 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Seconder ?? Withdrawn ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter 2006-444 CATEGORY: Litigation DEPARTMENT: Town Attorney Retain Peter Bergen, Esq. As Special Counsel for Advice and Representation of the Town In Connection with Regulatory Proceedings Brought Before the Federal Energy Regulatory Commission Relating to the Proposed Broadwaters Floating LNG Facility RESOLVEDhereby retains Peter Bergen, Esq. that the Town Board of the Town of Southold as Special Counsel for advice and representation of the Town in connection with regulatory proceedings brought before the Federal Energy Regulatory Commission relating to the proposed Broadwaters floating LNG facility , at a rate not to exceed $175.00 per hour, in accordance with the supervision of the Town Attorney. Vote Record - Resolution 2006-444 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross Seconder ?? Tabled ???????? Thomas H. Wickham Initiator ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2006-445 CATEGORY: Seqra DEPARTMENT: Town Clerk Page 48 May 9, 2006 Town of Southold Board Meeting Retain Cleary Consulting to Perform a SEQRA Review of the Proposed Local Law Entitled “A Local Law In Relation to Size Limitations on Retail Uses RESOLVEDCleary Consulting that the Town Board of the Town of Southold hereby retains to perform a SEQRA review of the proposed local law entitled "A Local Law in relation to Size Limitations on Retail Uses ," in accordance with their proposal dated January 2, 2006, at a cost not to exceed $850., and authorizes and directs Supervisor Scott A. Russell to execute an agreement with same. Vote Record - Resolution 2006-445 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Initiator ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Seconder ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2006-446 CATEGORY: Authorize to Bid DEPARTMENT: Town Clerk Authorize Bid Advertisement for Pump-Out Boat RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise for bids for the Marine Pump-Out Boat for the Town Trustees Department, all in accordance with the specifications as prepared by the Town Trustees. Vote Record - Resolution 2006-446 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Seconder ? Adopted ???????? William P. Edwards Initiator ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2006-447 CATEGORY: Legislation DEPARTMENT: Town Clerk Home Rule S.7787 and A.10845 Extending the Community Preservation Fund Until December 31, 2030. WHEREAS, a bill has been introduced in the State Legislature as S.7787 and A.10845 and Page 49 May 9, 2006 Town of Southold Board Meeting WHEREAS, the bill seeks to amend chapter 114 of the laws of 1998 amending the town law and other laws relating to authorizing certain towns in the Peconic Bay region to establish community preservation funds, in relation to extending the effective date thereof from December 31, 2020 to December 31, 2030; now, therefore, be it RESOLVED , that pursuant to Article IX of the Constitution, the Town Board of the Town of hereby requests the enactment of Senate Bill No. S.7787 and Assembly Bill No. Southold A.1-845 entitled “AN ACT to amend chapter 114 of the laws of 1998 amending the town law and other laws relating to authorizing certain towns in the Peconic Bay region to establish community preservation funds, in relation to extending the effective date thereof”. Vote Record - Resolution 2006-447 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? ??William P. Edwards Voter Adopted as Amended ?????????? Defeated Daniel C. Ross Initiator ?? Tabled ???????? Thomas H. Wickham Seconder ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2006-448 CATEGORY: Employment - Town DEPARTMENT: Town Attorney Maternity Leave for Town Attorney RESOLVEDgrants a maternity leave of that the Town Board of the Town of Southold hereby absence to Patricia A. Finnegan, Town Attorney , from May 22, 2006 and returning to work on September 11, 2006. Vote Record - Resolution 2006-448 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? ??William P. Edwards Voter Adopted as Amended ?????????? Defeated Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Seconder ?? Withdrawn ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter 2006-449 CATEGORY: Legislation DEPARTMENT: Town Clerk Amend Water Main Map to Include Cutchogue Subdivisions Known As Country Club Estates, Fairway Farms, and Highland Rd, As Well As the North Fork Country Club and Cutchogue Library Page 50 May 9, 2006 Town of Southold Board Meeting WHEREAS residents of the Cutchogue subdivisions known as Country Club Estates, Fairway Farms, and Highland Rd, as well as the North Fork Country Club and Cutchogue Library have requested water service from the Suffolk County Water Authority; and WHEREAS the Suffolk County Department of Health Services has determined that some of these areas have substandard water quality and has determined that these locations are priority areas for new water service; and WHEREAS the Town of Southold has a map, adopted by the Town Board in 2000, entitled “Location of Exisiting Water Mains and of Future Water Mains Relative to Protected Lands within Southold Town” which dictates the locations of public water mains pursuant to the adopted Water Supply Management and Water Protection Strategy; and WHEREAS the aforementioned map was created and adopted by the Town of Southold and the Suffolk County Water Authority, and endorsed by the Suffolk County Department of Health Services, and is part of the ongoing comprehensive planning efforts of the Town, and further, the map represents the only locations where public water will be installed in the Town of Southold; and WHEREAS the aforementioned locations that are requesting public water installations in order to alleviate the public health concerns are not currently shown on the adopted map as being eligible for water connection; and WHEREAS all locations seeking hookup to the public water are currently developed properties served by a private on-site well, which will be abandoned resulting in no potential for adverse environmental impacts on the aquifer; and it is hereby RESOLVED that the Water Mains map is hereby amended to include the locations shown on the document known as “Town of Southold Water Map Amendments” dated May 5, 2006 ; and it is hereby RESOLVED that the Town Board, as Lead Agency, determines that this action is a Type II action having no potential for an adverse impact on the environment as all locations to be hooked up to public water are developed areas with existing wells that will be disconnected. Vote Record - Resolution 2006-449 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? ??William P. Edwards Voter Adopted as Amended ?????????? Defeated Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Initiator ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Scott Russell Voter 2006-450 CATEGORY: Legislation DEPARTMENT: Town Clerk Page 51 May 9, 2006 Town of Southold Board Meeting Amend Water Main Map to Include Sound Avenue From the Riverhead Line to Cox Neck Road, Mattituck WHEREAS, the Town of Southold has an adopted map entitled “Location of Existing Water Mains and of Future Water Mains Relative to Protected Lands within Southold Town” which dictates the locations of public water mains pursuant to the adopted Water Supply Management and Water Protection Strategy; and WHEREAS, the aforementioned map was created and adopted by the Town of Southold and the Suffolk County Water Authority, and endorsed by the Suffolk County Department of Health Services, and is part of the ongoing comprehensive planning efforts of the Town, and further, the map represents the only locations where public water will be installed in the Town of Southold; and WHEREAS the map has been developed to guide the installation of limited infrastructure to developed areas; and WHEREAS, the SCWA has determined that limited water supply should be brought from Riverhead via a transmission main to help meet the current demand and mitigate the impacts of developing such supply within the Town; and WHEREAS, the SCWA has determined that the limited addition of transmission mains within the Town of Southold are necessary to maintain water supply, adequately move water around the Town, maintain adequate pressure, and improve water circulation for better water quality; and WHEREAS, the SCWA has determined, and the Town of Southold agrees, that the only lands that will be hooked up to public water on a transmission main are those that are already developed and are abandoning an existing well; and it is therefore RESOLVED, that the Town Board of the Town of Southold at the request of the SCWA amends the existing water map to include a transmission main on Sound Avenue from the Riverhead line to Cox Neck Road as set forth in the map dated May 5, 2006; and it is further RESOLVED, that the Town Board, as Lead Agency, determines that this action is a Type II action having no potential for an adverse impact on the environment as all locations to be hooked up to public water are developed parcels with existing wells that will be disconnected, and there will be no net effect on the aquifer. Vote Record - Resolution 2006-450 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? ??William P. Edwards Initiator Adopted as Amended ?????????? Defeated Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Seconder ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter Page 52 May 9, 2006 Town of Southold Board Meeting 2006-451 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Clerk Authorize and Direct Supervisor Scott A. Russell to Execute an Agreement with the New York State Environmental Facilities Corporation In the Amount of $35,000. for Funding Under the Clean Vessel Act Assistance Program In Connection with the Pump-Out Boat for the Town of Southold RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an Agreement with the New York State Environmental Facilities Corporation in the amount of $35,000. for funding under the Clean Vessel Act Assistance Program in connection with the Pump-Out Boat for the Town of Southold , all in accordance with the approval of the Town Attorney. Vote Record - Resolution 2006-451 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ?????????? Defeated Daniel C. Ross Initiator ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Scott Russell Voter 2006-452 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Clerk Authorize and Direct Supervisor Scott A. Russell to Execute an Agreement with the Suffolk County Department of Health Services, Division of Environmental Health, In the Amount of $22,500. In Connection with the Purchase of a Pump-Out Boat for the Town of Southold RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an Agreement with the Suffolk County Department of Health Services, Division of Environmental Health, in the amount of $22,500. in connection with the purchase of a Pump-Out Boat for the Town of Southold , all in accordance with the approval of the Town Attorney. Vote Record - Resolution 2006-452 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ?????????? Defeated Daniel C. Ross Seconder ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter Page 53 May 9, 2006 Town of Southold Board Meeting 2006-453 CATEGORY: Equipment DEPARTMENT: Town Clerk Removal And/Or Destruction of an Unnavigable Sailboat Owned by Boyce Terrell of Farmingville RESOLVED that, pursuant to Section 32-33 of the Town Code, having given prior written directs the removal notice to the owner, the Town Board of the Town of Southold hereby and/or destruction of an unnavigable sailboat owned by Boyce Terrell of Farmingville , which sailboat is currently located at the end of West Road in Cutchogue, and further directs that the costs of such removal, storage, sale or destruction shall be borne by the owner. Vote Record - Resolution 2006-453 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? ??William P. Edwards Voter Adopted as Amended ?????????? Defeated Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Initiator ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Scott Russell Voter 2006-454 CATEGORY: Organizational DEPARTMENT: Town Clerk Special Work Session Town Board Meeting 9:00 AM, Friday, May 6, 2006 RESOLVED that a Special Work Session Meeting of the Southold Town Board will be held at 9:00 A.M., Friday, May 12, 2006 at the Southold Town Annex in the Conference Room, Southold, New York for the purpose of discussing the Water Map. Vote Record - Resolution 2006-454 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Initiator ? Adopted ???????? ??William P. Edwards Seconder Adopted as Amended ?????????? Defeated Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter Page 54