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HomeMy WebLinkAboutTB-05/09/2006 ELIZABETH A. NEVILLE TOWN CLERK Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631)765-6145 Telephone: (631)765 - 1800 southoldtown.northfork.net REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD SOUTHOLD TOWN BOARD REGULAR MEETING MINUTES May 9, 2006 7:30 PM Status J\rrived Present Present Present Present Present Present Present Present A Regular Meeting of the Southold Town Board was held Tues Hall, Southold, NY. Supervisor Russell opened themlieting at 7:30 Allegiance to the Flag. 1. J\ttendee Name Albert Krupski Jr. William P. Edwards Daniel C. Ross Thomas H. Wickham Louisa P. Evans Scott Russell Elizabeth A Neville Patricia A Finne TMIe Councilman uncilman cilman uncilman stice Supervisor Town Clerk Town Attome I. 2. Justice Court Justice Evans 3. Supervisor's Report March 2006 4. Recreation Department Monthly Report March 2006 5. Justice Court Monthly Report April 2006 - Bruer Page I May 9,2006 Town of South old Board Meeting Minutes II. Public Notices 1. Renewal of NYS Liquor License Antares Cafe 2. Renewal 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 l May 9,2006 Town of Southold Board Meeting Minutes 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 SUPERVISOR RUSSELL: Would everybody please rise so we can pledge allegiance to the flag? Okay, the first thing we are going to do tonight is a special ceremony before we get onto the regular business of Town government. I would like to introduce Ed Dart of the Southold Town Tree Committee to present some recognition for some wonderful art work. ED DART: Hello, ladies and gentlemen and members of the Board, Mr. Supervisor. What is fast becoming a right of spring here on the north fork in Southold is the annual Southold Town Arbor Day celebration and poster contest. Each year we have a poster contest among some of the youngsters in our local elementary schools and you can see here that the walls of the town meeting room are adorned with the art work of many, many of the local contributors to the contest. And we have selected one winner for this contest and that young lady is here tonight and this is her winning entry, her poster says "Plant a tree for me". This was created by Sidney Campbell, a 4th grader in Southold. We would like to introduce Miss Campbell. Can you come up and say hello to everybody? This is Sidney Campbell from Southold. We also want to recognize the Tree Committee members who have done this work, you probably saw them coming in to the school, didn't you? With their little tree seedlings, handing out the little tree seedlings? That is part of our Arbor Day celebration; the distribution of little tree seedlings. For you Sidney, we have a certificate, this official certificate right here from the Town of Southold that commemorates your beautiful artwork and the significant poster and also the Tree Committee has its own little certificate that we want to present to you. I would like to ask the Supervisor ifhe could officially sign that right now for you. JUSTICE EVANS: Ed, can you turn the picture so we can see it, too? MR. DART: Yes, we certainly can. There it is. COUNCILMAN KRUPSKI: That is very nice. Page 3 . May 9,2006 Town of South old Board Meeting Minutes MR. DART: Nice creation and now, so that you Town Board members can participate in the Arbor Day celebration the same way that our local elementary school children have, I have something for you. And that is, these are your Arbor Day seedlings which you are now charged with taking these home and carefully planting them and caring and nurturing for these until their maturity. That is a long term responsibility. These happen to be white spruces. You'll have to give one to Mr. Edwards. In the elementary school, we also distributed these kits, which are little lesson assignments and work projects that are tutorial things for youngsters to leam a little bit about Arbor Day, a little bit about nature and it is a wonderful way that our Town, through its Tree Committee can connect with the youth of our Town. (Inaudible) UNIDENTIFIED: Mr. Dart? MR. DART: Yes? UNIDENTIFIED: Sydney is too polite to tell you but she is a 5th grade student. MR. DART: Oh, I thought she was a 4th grade, you are a 5th grade student. Who is your teacher? SYDNEY CAMPBELL: Mrs. Haase is my teacher. MR. DART: Oh, Mrs. Haase. She is one of the best teachers in Southold. You are very, very lucky to have Mrs. Haase. Now, Sydney, if you could do one more thing. These are the coloring kits. Would you give one of these to each of the people up front there? Now, I know some of you people got these last year and I don't know if you completed your assignments on this but the teacher is here tonight and is wondering.. ..if you don't have your crayons from last year gentleman, there is an extra set here for you. So, thank you very much. Beautiful job. That is it. And the last thing is for the Fishers Island school, who is never overlooked, if you could deliver these at your next opportunity, please. Thank you. SUPERVISOR RUSSELL: I want to say that there is a lot of fine artwork up here and a lot of hard work that went into this and Sydney, the fact that yours stood out as the best is something to be really proud of. And I actually read it for the first time, I saw it tonight and I was very struck by it. It is a very nice poster and a very succinct message to it. You should be very proud. MR. DART: Let me just lastly acknowledge three Tree Committee members who are here tonight that are responsible for the Arbor Day seedling distribution. That is Derek Bosson, Peg Murphy and Ann Trimble. Thank you. SUPERVISOR RUSSELL: Okay. Enjoy the concert. Any other business before we close the meeting? Okay. At this point I would like anybody who would like to comment on any issue of any item on the agenda, now is the time to come up and address the Town Board. Mr. Nickles. JOHN NICKLES, JR.: John Nickles, Jr. Southold. The resolution about extending the 2% transfer tax. I have some comments and questions. I guess I am wondering why we are talking Page 4 . May 9, 2006 Town of South old Board Meeting Minutes about extending this tax again, I think the voters just voted to do that a couple of years ago, if I am not mistaken. I understand that the Town may want to borrow against future taxes coming in so that it can leverage preservation efforts. I totally understand that but I am wondering if the Town Board actually has a cost-spending plan for these tax dollars and if you have any idea what kind of tax dollars it is going to bring in, in 2020 much less 2030? You know, I, any comments? JUSTICE EVANS: We spoke about it today and we spoke about it more in terms of other towns. At this point we are already borrowing against it and we don't have any plans at this point but maybe in the future, depending on what the real estate market does, there may be a need for a lot of money suddenly. We don't have any plans, I don't think; anyone on this Board, it hasn't come up about borrowing against it. MR. NICKLES, JR: Alright. COUNCILMAN EDWARDS: Also, I might add that our supporting the home rule motion doesn't in anyway reduce the fact that the or ignore the fact that the public ultimately will have an opportunity to vote on it at some point in the future, as the public has in the past. MR. NICKLES, JR: Of course. I am just wondering if there are other citizens that are thinking the same thing that I am thinking. That if the thing expires in 2020, how come we are not talking about it in 2017 or 20l8? COUNCILMAN EDWARDS: Well, I can respond partly to that because two years ago there was a committee chaired by Tom McAdam that I was involved with which looked forward and estimated at that point to purchase the development rights, were they available for purchase, to all of the land that is on the target list would cost in the range of $95,000,000 and the proposal was made to the Town Board to bond against that potential revenue stream so as to buy more now when prices were cheaper. Ultimately the Town Board didn't take up that proposal but the very, obviously the length of time and the anticipated revenues are going to be the determining factor in terms of, let's say we had in the next five years a down slope in the price of farmland, which is entirely possible, I mean, it has happened before and let's say at the same time you had a whole bunch of families that more or less simultaneously wanted to sell their development rights, which could also happen as people get older, the Town right now is limited, the money it has right now is what it has, what it has gathered to date and what has been bonded but you could have a situation where suddenly you say we could really essentially preserve the Town forever or whatever, a significant portion of it for $40, $50 or $60 million and you would want to be able to bond against those anticipated revenues to take advantage of that opportunity and clearly the sunset, how close it is, is going to determine how much you can borrow. So that is the thinking. And the other town's, Riverhead has borrowed against it and I believe Southampton, although I am not positive, has and I think that is the motivating factor behind it. COUNCILMAN KRUPSKI: And really, what has become apparent is that all the land is in private hands and people really have to have the right opportunity for each individual ownership and family to be ready to sell the development rights. You can't be impatient about it, it is not Page 5 May 9,2006 Town of South old Board Meeting Minutes going to happen all at once and it is going to take a long time and I think it gives the Town a longer opportunity to basically wait people out until they are ready. SUPERVISOR RUSSELL: I would say that I actually wouldn't have any apprehension about borrowing against anticipated future revenue if I had the opportunity to protect, buy and preserve today. We just simply don't have that opportunity so I think based on the current demand for sales, we are probably well-funded for that based on the difficulties getting people in the front door. But this is probably an effort to settle long-term debt issues for other jurisdictions that do want to borrow against that money. The surety of anticipated revenue, instead of 2020 to 2030 would probably benefit their debt service to the bond market, so that's in that regard. But I have to tell you, at the end of the day, it is not for me to decide, it is for the public to decide and that is why I am going to support it because it will give the voters an opportunity to be heard on it. It is one of those things, it is for the voters, not for me. MR. NICKLES, JR.: One more question? This Peconic tax, I guess is the five east end towns, is it required that each Board vote yes in order for the referendum to come back to any town? SUPERVISOR RUSSELL: I am not sure. I am not sure how the state measure is set up. MR. NICKLES, JR.: Thank you. COUNCILMAN EDWARDS: There is legislation in Albany right now that I think will change the law, ifit is passed and this is happening at the behest of town's upstate, individual towns, to essentially create the same kind of program we have in the five east towns, in which case individual towns presumably if that passes, would be able to do it, we would be able to do it even if the other four east end t.owns didn't. That legislation hasn't passed but it is moving along. COUNCILMAN KRUPSKI: So ask us in 2018, no, ask us in 2028. Come back and ask us if you think we should extend it again. MR. NICKLES, JR.: I don't know how many of us will still be here. I would ask the Board to consider one thing, which would be to try to figure out what the estimated revenues are going to be as you are thinking about 2020 or 2030 instead of just allowing another good tax to never die. Thanks. SUPERVISOR RUSSELL: Good point. Would anybody else like to address the Board on any resolution, any business that is on the agenda? (No response) Alright. Hearing none, let's move forward. VII. Resolutions 2006-398 CATEGORY: DEPARTMENT: Audit. Town Clerk Approve Audit Dated May 9, 2006 Page 6 May 9, 2006 Town of Southold Board Meeting Minutes RESOLVED that the Town Board of the Town of South old hereby approves the audit dated Mav 9. 2006. ./ Vote Record ~ Resolution 2006-398 Yes/Aye Noll'iay Abstain Absent Ii'I Adopted Albert KrupskiJr. Voter Ii'I 0 0 0 0 Adopted as Amended William P. Edwards Voler Ii'I 0 0 0 0 Defeated Daniel C. Ross Voter Ii'I 0 0 0 0 Tabled Thomas H. Wickham Seconder Ii'I 0 0 0 0 Withdrawn Louisa P. Evans Initiator Ii'I 0 0 0 Scott Russell Voter Ii'I 0 0 0 2006-399 CATEGORY: DEPARTMENT: Set Meeting 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.. ./ Vote Record - Resolution 2006~399 Yes/Aye No/Nay Abstain Absent Ii'I Adopted Albert Krupski Jr, Voter Ii'I 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'I 0 0 0 0 Defeated Daniel C. Ross Voter Ii'I 0 0 0 0 Tabled Thomas H. Wickham Seconder Ii'I 0 0 0 0 Withdrnwn Louisa P. Evans Initiator Ii'I 0 0 0 Scott Russell Voter Ii'I 0 0 0 2006-400 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements 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 RESOLVED that the Town Board of the Town of South old hereby authorizes and directs Supervisor Scott A. Russell to execute the 2006 Community Development Block Grant Al!reement with the Suffolk County Office of Community Development, in the amount of $139,000, all in accordance with the approval of the Town Attorney. Page 7 l May 9,2006 Town of Southold Board Meeting Minutes ./ Vote Record R Resolution 2006-400 Ye.s/Aye. NolNay Abstain Absent Ii'! Adopted Albert Krupski Jr. Initiator Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'! 0 0 0 0 Defeated Daniel C. Ross Voter Ii'! 0 0 0 0 Tabled Thomas H. Wickham Seconder Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2006-401 CATEGORY: DEPARTMENT: ClosefUse Town Roads 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. RESOLVED that the Town Board of the Town of Southold hereby I!rants permission to the North Fork Country Club's "Two Day Member Guest Golf Tournament" in Cutchol!ue for a limited closure Moore's Lane, from the Main Road to the southerly line of the "Countrv 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 A venue (closures would permit access to residents of Moores Lane and "Countrv Club Estates"), bel!inninl! on Friday. July 14 and continuinl! throu\!h 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 NolNay Abstain Absent Ii'! Adopted Albert Krupski Jr. Voter Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Initiator Ii'! 0 0 0 0 Defeated Daniel C. Ross Seconder Ii'! 0 0 0 0 Tabled Thomas H. Wickham Voter Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2006-402 CATEGORY: DEPARTMENT: Budget Accounting ModifY 2006 General Fund Whole Town Budget for Pump-Out Boat & Operational Expenses Page 8 ~T May 9,2006 Town of Southold Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby modifies the 2006 General Fund Whole Town budl!.et as follows: Revenues: To: A.2389.30 A.3089.85 AllPrOpriations: To: Trustees A.8090.1.300.100 A.8090.2.200.300 A.8090.2.200.400 A.8090.2.300.300 A.8090.4.100.200 A.8090.4. I 00.600 A.8090.4.400.840 A.8090.4.600.800 From: Continl!.ent A.1990.4.1 00.1 00 Misc. Rev., County Pump-Out Boat Grant State Aide, Pump-Out Boat Grant Seasonal Employees, Regular Earnings Equipment, Pump-Out Boat Trailer Equipment, Pump-Out Boat Equipment Equipment, Pump-Out Boat C.E., Pump-Out Boat Gas & Oil C.E., Pump-Out Operator Uniforms C.E., Pump-Out Waste Disposal C.E., Pump-Out Boat Miscellaneous Unallocated Contingencies $22,500.00 35,000.00 $ 3,600.00 3,500.00 3,000.00 79,000.00 2,500.00 300.00 5,000.00 250.00 $39,650.00 ./ Vote Record - Resolution 2006-402 Yes/Aye l'lolNay Abstain Absent 611 Adopted Albert Krupski Jr. Voter 611 0 0 0 0 Adopted as Amended William P. Edwards Voter 611 0 0 0 0 Defeated Daniel C. Ross Initiator 611 0 0 0 0 Tabled Thomas H. Wickham Seconder 611 0 0 0 0 Withdrawn Louisa P. Evans Voter 611 0 0 0 Scott Russell Voter 611 0 0 0 2006-403 CATEGORY: DEPARTMENT: Employment - Town Police Dept Appoint Marie Deuel As a Detention Attendant At the Police Department Effective May 10. 2006 RESOLVED that the Town Board of the Town of Southold hereby appoints Marie Deuel to the position of Detention Attendant for the Police Department, effective May 10, 2006, at a rate of $13.63 per hour. Page 9 I May 9,2006 Town of Southold Board Meeting Minutes ./ Vote Record. Resolution 2006-403 YeslAye NOfl\{ay Abstain Absent Ii!I Adopted Albert Krupski Jr. Voter Ii!I 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii!I 0 0 0 0 Defeated Daniel C. Ross Seconder Ii!I 0 0 0 0 Tabled Thomas H. Wickham Voter Ii!I 0 0 0 0 Withdrawn Louisa P. Evans Initiator Ii!I 0 0 0 Scott Russell Voter Ii!I 0 0 0 2006-404 CATEGORY: DEPARTMENT: Employment - Town Accounting Establish a Rate of Pay for Boat Operator RESOLVED that the Town Board of the Town of South old hereby establishes the hourlv rate of Dav for Boat ODerator of $12.00 Der hour for the 2006 season. ./ Vote Record - Resolution 2006.404 Yes/Aye No/Nay Abstain Absent Ii!I Adopted AI~ett KruP~ki Jr. Voter Ii!I 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii!I 0 0 0 0 Defeated Daniel C. Ross Voter Ii!I 0 0 0 0 Tabled Thomas H. Wickham Initiator Ii!I 0 0 0 0 Withdrawn Louisa P. Evans Seconder Ii!I 0 0 0 Scott Russell Voter Ii!I 0 0 0 2006-405 CATEGORY: DEPARTMENT: Employment - Town Recreation Establish Seasonal Summer Employee Salaries RESOLVED that the Town Board of the Town of Southold establish the followine seasonal emDlovee salary schedule for summer emplovees as follows: STILLWATER LIFEGUARDS 1st year. ............. $12.17/hour 2ndyear............. $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 8thyear............. $14.09/hour 9th year+ . . . . . . . . . . . . $14.37/hour Page 10 n I May 9, 2006 Town of South old Board Meeting Minutes BEACH ATTENDANTS 1st year. . . . . . . . . . . . . . 2nd year. . . . . . . . . . . . . 3rd year. . . . . . . . . . . . . . 4th year. . . . . . . . . . . . . . 5th year. . . . . . . . . . . . . . 6th year. . . . . . . . . . . . . . 7th year. . . . . . . . . . . . . . 8th year. . . . . . . . . . . . . . 9th year+ . . . . . . . . . . . . . $9.42/hour $9.58/hour $9.75/hour $9.91/hour $1O.08/hour $10.24/hour $10.42/hour $10.60/hour $10.78/hour RECREATION SPECIALISTS (WATER SAFETY INSTRUCTORS) 1st year. . . . . . . . . . . . . . $16.57/hour 2nd year. . . . . . . . . . . . . $16.82/hour 3rdyear............. $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 9thyear+............. $18.57/hour BEACH MANAGERS 1st year. . . . . . . . . . . . . . 2nd year. ............. 3rd year. . . . . . . . . . . . . . 4th year. . . . . . . . . . . . . . 5th year. . . . . . . . . . . . . . 6th year. . . . . . . . . . . . . . 7th year. . . . . . . . . . . . . . 8th year. . . . . . . . . . . . . . 9thyear+........... . $13 .54/hour $ 13.84/hour $14.l4/hour $14.44/hour $14.74/hour $15.04/hour $15,34/hour $15.64/hour $1 5. 94/hour RECREATION AIDES (PLAYGROUND INSTRUCTORS) 1st year. ............. $11.34/hour 2nd year. . . . . . . . . . . . . $1 1. 59/hour 3rd year. . . . . . . . . . . . . .. $1 1. 84/hour 4th year. . . . . . . . . . . . . . $12.09/hour 5thyear.............. $12.34/hour 6th year. ............. $ I 2. 59/hour 7th year. . . . . . . . . . . . . . $12.84/hour 8th year. . . . . . . . . . . . . . $ 13.09/hour 9th year+ . . . . . . . . . . . . . $13 ,34/hour LIFEGUARD TRAINER Page II l May 9,2006 Town of Southold Board Meeting Minutes 1st year. . . . . . . . . . . . . . 2nd year. . . . . . . . . . . . . 3rd year. . . . . . . . . . . . . . 4th year. . . . . . . . . . . . . . 5th year. . . . . . . . . . . . . . 6th year. . . . . . . . . . . . . . 7th year. . . . . . . . . . . . . . 8th year. . . . . . . . . . . . . . 9th year+ . . . . . . . . . . . . . $15.74/hour $15.99/hour $ 16.24/hour $ 16.49/hour $16.74/hour $16.99/hour $ 17.24/hour $17.49/hour $ 17.74/hour ./ Vote Record - Resolution 2006-405 Yes/Aye NolNay Abstain Absent Ii'I Adopted i\lbert Krupski Jr. Initiator Ii'I 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'I 0 0 0 0 Defeated Daniel C. Ross Voter Ii'I 0 0 0 0 Tabled Thomas H. Wickham Voter Ii'I 0 0 0 0 Withdrawn Louisa P. Evans Seconder Ii'I 0 0 0 Scott Russell Voter III 0 0 0 2006-406 CATEGORY: DEPARTMENT: Public Service Police Dept Grant Permission for Students From MattitucklCutchogue and Southold High Schools to Participate In Job Shadowing At the Police Deparment RESOLVED that the Town Board of the Town of Southold hereby I!:rants permission for the followinl!: students from MattitucklCutchol!:ue and Southold Hil!:h 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 NolNay Abstain Absent III Adopted Nbert Kl'upski Jr. Seconder III 0 0 0 0 Adopted as Amended William P. Edwards Initiator Ii'I 0 0 0 0 Defeated Daniel C. Ross Voter III 0 0 0 0 Tabled Thomas H. Wickham Voter III 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii'I 0 0 0 Scott Russell Voter Ii'I 0 0 0 Page 12 May 9,2006 Town of Southold Board Meeting Minutes 2006-407 CATEGORY: DEPARTMENT: Petty Cash Recreation Authorizes that Certain Summer Personnel be Provided with Petty Cash Funds and Beach Stickers RESOLVED that the Town Board of the Town of Southold authorizes Southold Town Beach Attendants (7) and beach mana!!:ers (2) to be supplied with a petty cash fund in the amount of $40.00 (30 sinldes. 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. RESOLVED that the Town Board of the Town of South old authorizes the issuance of beach parkin!!: permits to the following employees: Water Safety Instructors, Beach Attendants, Lifeguards, Lifeguard Trainer, Beach Managers, and Recreation Supervisor Ken Reeves. -/ Vote Record ~ Resolution 2006-407 Yes/Aye No/Nay Abstain Absent Ii'I Adopted Albert Krupski Jr. Voter Ii'I 0 0 0 0 Adopted as Amended William P. Edwards Seconder Ii'I 0 0 0 0 Defeated Daniel C. Ross Initiator Ii'I 0 0 0 0 Tabled Thomas H. Wickham Voter Ii'I 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii'I 0 0 0 Scott Russell Voter Ii'I 0 0 0 2006-408 CATEGORY: DEPARTMENT: Employment - Town Police Dept Appoint John Helf, Jr., and Gregory Simmons As Traffic Control Officers - Seasonal -for the 2006 Season RESOLVED that the Town Board of the Town of Southold hereby appoints John Helf. Jr.. and Gre!!:orv 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. Page 13 . May 9, 2006 Town of South old Board Meeting Minutes .;' Vote Record. Resolution 2Q06..408 Yes/Aye No/Nay Abstain Absent Ii!! Adopted Albert Krupski Jr. Voter Ii!! 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii!! 0 0 0 0 Defeated Daniel C. Ross Seconder Ii!! 0 0 0 0 Tabled Thomas H. Wickham Voter Ii!! 0 0 0 0 Withdrawn Louisa P. Evans Initiator Ii!! 0 0 0 Scott Russell Voter Ii!! 0 0 0 2006-409 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorize and Direct Supervisor Scott A. Russell to Execute the Contract Between the Town of Southo/d and the North Fork Audubon Society RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs 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 mana2ement pr02ram for PiPin2 Plover Mana2ement, subject to the approval of the Town Attorney. ~ Vote Record - Resolution 2006-409 Yes/Aye NolNay Abstain Absent Ii!! Adopted Albert Krupski Jr. Voter Ii!! 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii!! 0 0 0 0 Defeated Daniel C. Ross Voter Ii!! 0 0 0 0 Tabled Thomas H. Wickham Initiator Ii!! 0 0 0 0 Withdrawn Louisa P. Evans Seconder Ii!! 0 0 0 Scott Russell Voter Ii!! 0 0 0 2006-410 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorize and Direct Supervisor Scott A. Russell to Execute the Contract Between the Nature Conservancy and the Town of Southo/d RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Contract between The Nature Conservancv and the Town of Southold in connection with the beach-dependent species mana2ement pr02ram for Pipinl! Plover Mana2ement, known as Contract #L1C 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. Page 14 I May 9, 2006 Town of Southold Board Meeting Minutes ./ Vote Record - Resolution 2006-410 Yes/Aye NolNay Abstain Absent It! Adopted Albert Krupski Jr. Initiator It! 0 0 0 0 Adopted as Amended William P. Edwards Seconder It! 0 0 0 0 Defeated Daniel C. Ross Voter It! 0 0 0 0 Tabled Thomas H. Wickham Voter It! 0 0 0 0 Withdrawn Louisa P. Evans Voter It! 0 0 0 Scott Russell Voter It! 0 0 0 2006-411 CATEGORY: DEPARTMENT: Budget Accounting Modify the 2006 General Fund Whole Town Budget - Central Garage for MVA -- Marine Vehicle Vs. Code Enforcement Vehicle RESOLVED that the Town Board of the Town of South old hereby modifies the 2006 General Fund Whole Town budl!et as follows: From: A.9901.9.000.300 Tnmsfers to Other Funds Tnmsfers 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 NolNay Abstain Absent It! Adopted Albert Krupski if Seconder It! 0 0 0 0 Adopted as Amended William P. Edwards Initiator It! 0 0 0 0 Defeated Daniel C. Ross Voter It! 0 0 0 0 Tabled Thomas H. Wickham Voter It! 0 0 0 0 Withdrawn Louisa P. Evans Voter It! 0 0 0 Scott Russell Voter It! 0 0 0 2006-412 CATEGORY: DE.'PARTMENT: Contracts, Lease & Agreements 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 RESOLVED that the Town Board of the Town of South old hereby authorizes and directs Suvervisor Scott A. Russell to execute a Renewal Al!reement between the Town of Southold and the CSEA Emvlovee Benefit Fund for dental benefits provided by the CSEA, for the term Page 15 May 9,2006 Town of Southold Board Meeting Minutes 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 NolNay Abstain Absent Ii'! Adopted A1ilert Krupski Jr. Voter Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'! 0 0 0 0 Defeated Daniel C. Ross Initiator Ii'! 0 0 0 0 Tabled Thomas H. Wickham Seconder Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2006-413 CATEGORY: DEPARTMENT: Budget Modification Police Dept Modify the 2006 Bay Constable Budget RESOLVED that the Town Board of the Town of Southold hereby modifies the 2006 Bav Constable budeet as follows: 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 YeslAye NolNay Abstain Absent Ii'! Adopted Albert Krupski Jr. Voter Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'! 0 0 0 0 Defeated Daniel C. Ross Voter Ii'! 0 0 0 0 Tabled Thomas H. Wickham Seconder Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Initiator Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2006-414 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Public Works Authorize and Direct Supervisor Scott A. Russell to Execute an Agreement with the New York State Environmental Facilities Corporation RESOLVED that the Town Board of the Town of South old hereby authorizes and directs Supervisor Scott A. Russell to execute an Aereement with the New York State Page 16 I May 9,2006 Town of Southold Board Meeting Minutes Environmental Facilities Corporation. in the amount of $35.000. for fundin!! under the Clean Vessel Act Assistance Pro!!ram for a Pump-Out Boat for Fishers Island, all in accordance with the approval ofthe Town Attorney. ./ Vote Record - Resolution 2006414 Yes/Aye NolNay Abstain Absent 0'] Adopted N~ert:Knlpski Jr. Voter 0'] 0 0 0 0 Adopted as Amended William P. Edwards Voter 0'] 0 0 0 0 Defeated Daniel C. Ross Voter 0'] 0 0 0 0 Tabled Thomas H. Wickham Initiator 0'] 0 0 0 0 Withdrawn Louisa P. Evans Seconder 0'] 0 0 0 Scott Russell Voler 0'] 0 0 0 2006-415 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements 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 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an A!!reement with the Suffolk County Department of Health Services. Division of Environmental Health for fundin!!. 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/l"lsy Abstain Absent 0'] Adopted Albert Krupski Jr. Initiator 0'] 0 0 0 0 Adopted as Amended William P. Edwards Voter 0'] 0 0 0 0 Defeated Daniel C. Ross Voter 0'] 0 0 0 0 Tabled Thomas H. Wickham Voter 0'] 0 0 0 0 Withdrawn Louisa P. Evans Seconder 0'] 0 0 0 Scott Russell Voter 0'] 0 0 0 2006-416 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Clerk Accept the Proposal of Pirates Cove Marine, Inc., Fishers Island, New York, for Repair and Replacement of Channel Markers, Fishers Island RESOLVED that the Town Board of the Town of South old hereby accepts the proposal of Pirates Cove Marine. Inc.. Fishers Island. New York. in the amount of $2.152.38 for Page 17 . May 9,2006 Town of Southold Board Meeting Minutes repair and replacement of channel markers to be placed in both West Harbor and Hav Harbor. Fishers Island. New Yark, as weU 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 aU in accordance with the bid proposal. ./' Vote Record ~ Resolution 2006-416 Yes/Aye No/Nay Abstain Absent Ii'! Adopted Al~ertKrl1ps~ Jr. Voter Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Initiator Ii'! 0 0 0 0 Defeated Daniel C. Ross Voter Ii'! 0 0 0 0 Tabled Thomas H. Wickham Voter Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Seconder Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2006-417 CATEGORY: DEPARTMENT: Employment - Town Accounting Appoint Kendra Wadington to the Position oj a Justice Court Clerk From the Civil Service List RESOLVED that the Town Board of the Town of South old hereby appoints Kendra Wadinlrton to the position of a Justice CoUrt Clerk from the Civil Service list for Justice Court, effective May II, 2006, at a rate of $40,854.09 per annum. v' Vote Record - Resolution 2006-417 Yes/Aye NolNay Abstain Absent Ii'! Adopted ;\Ibertl(ropski Jr. Voter Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'! 0 0 0 0 Defeated Daniel C. Ross Initiator Ii'! 0 0 0 0 Tabled Thomas H. Wickham Seconder Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2006-418 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Public Works Authorize and Direct Supervisor Scott A. Russell to Execute an Easement Agreement Between the Town oj Southold and the Suffolk County Water Authority RESOLVED that the Town Board of the Town of South old hereby authorizes and directs Supervisor Scott A. Russell to execute an Easement Al!reement between the Town of Page 18 May 9, 2006 Town of South old Board Meeting Minutes Southold and the Suffolk County Water Authoritv 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 NolNay Abstain Absent 0 Adopted ~AJb~I<.rupskiJr. Voter 0 0 0 0 0 Adopted as Amended William P. Edwards Voter 0 0 0 0 0 Defeated Daniel C. Ross Voter 0 0 0 0 0 Tabled Thomas H. Wickham Seconder 0 0 0 0 0 Withdrawn Louisa P. Evans Initiator 0 0 0 0 Scott Russell Voter 0 0 0 0 2006-419 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Public Works Authorize and Direct Supervisor Scott A. Russel! to Execute a License Agreement Between the Town of Southold and the Suffolk County Water Authority RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a License AID"eement between the Town of Southold and the Suffolk County Water Authoritv in connection with the Laurel Lake Preservation & Trail Plan, all in accordance with the approval of the Town Attorney. ./ Vote Record - Resolution 2006-419 Yes/Aye NolNay Abstain Absent 0 Adopted Albett Krupski lr. Voter 0 0 0 0 0 Adopted as Amended William P. Edwards Voter 0 0 0 0 0 Defeated Daniel C. Ross Voter 0 0 0 0 0 Tabled Thomas H. Wickham Initiator 0 0 0 0 0 Withdrawn Louisa P. Evans Seconder 0 0 0 0 Scott Russell Voter 0 0 0 0 2006-420 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Clerk Authorize Submission of a 2006 Proposal to the Us. Department of Agriculture (USDA) Commodity Credit Corporation Farm and Ranch Lands Protection Program, RESOLVED that the Town Board of the Town of Southold hereby authorizes submission of a 2006 proposal to the U.S. Department of Al!:riculture (uSDA) Commodity Credit Corporation Farm and Ranch Lands Protection Prol!:ram, whereby the Town of Southold proposes a cooperative effort to acquire the development rights to agricultural properties which Page 19 May 9,2006 Town of Southold Board Meeting Minutes 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 NolNay Abstain Absent 1<1 Adopted J\l~ertKnlPs~Jr. Initiator 1<1 0 0 0 0 Adopted as Amended William P. Edwards Seconder 1<1 0 0 0 0 Defeated Daniel C. Ross Voter 1<1 0 0 0 0 Tabled Thomas H. Wickham Voter 1<1 0 0 0 0 Withdrawn Louisa P. Evans Voter 1<1 0 0 0 Scott Russell Voter 1<1 0 0 0 2006-421 CATEGORY: DEPARTMENT: Budget Modification Town Clerk ModifY the 2006 Records Management Budget RESOLVED that the Town Board of the Town of Southold hereby modifies the 2006 Records Manal!ement budl!et to allow for the purchase of OSHA Hazardous Safety supplies for use in Town Hall basement vault and records room as follows: From: A. I 990.4.1 00.1 00 Contingent, C.E. $1,000.00 Un allocated contingencies To: A.1460.4.100.550 Contractual Expenses $1,000.00 Equipment, Parts/Supplies 0/ Vote Record - Resolution 2006-421 Yes/Aye No/Nay Abstain Absent 1<1 Adopted Albert Krupski Jr. Seconder 1<1 0 0 0 0 Adopted as Amended William P. Edwards Initiator 1<1 0 0 0 0 Defeated Daniel C. Ross Voter 1<1 0 0 0 0 Tabled Thomas H. Wickham Voter 1<1 0 0 0 0 Withdrawn Louisa P. Evans Voter 1<1 0 0 0 Scott Russell Voter 1<1 0 0 0 2006-422 CATEGORY: DEPARTMENT: Retirement/Resignation Town Clerk Accepts the Resignation of Colin Volinski From the Position of Student Intern In the Records Management Department Page 20 May 9,2006 Town of Southold Board Meeting Minutes RESOLVED that the Town Board of the Town of South old hereby accepts the resilmation of Colin V olinski from the position of Student Intern in the Records Mana!!ement Department in the Office of the Town Clerk effective immediately. ./' Vote Record - Resolution 2006-422 Yes/Aye NofNay Abstain Absent ItJ Adopted Albert Krupslci Jr. Voter ItJ 0 0 0 0 Adopted as Amended William P. Edwards Voter ItJ 0 0 0 0 Defeated Daniel C. Ross Initiator ItJ 0 0 0 0 Tabled Thomas R Wickham Voter ItJ 0 0 0 0 Withdrawn Louisa P. Evans Seconder ItJ 0 0 0 Scott Russell Voter ItJ 0 0 0 2006-423 CATEGORY: DEPARTMENT: Bid Acceptance Highway Department Accept the Bid ofCorazzini Asphalt, lnc.Jor Furnishing and Placing Bituminous Surface Treatment Liquid Asphalt Grades 50% RC-250 and 50% MC-250 with Screened Sand ("Oil and Sand'') RESOLVED that the Town Board of the Town of South old hereby accepts the bid of Corazzini Asphalt. Inc.. for furnishin!! and placin!! Bituminous Surface Treatment Liquid Asphalt Grades 50% RC-250 and 50% MC-250 With Screened Sand ("Oil and Sand") within the Town of South old, all in accordance with the bid specifications and the Town Attorney, and as follows: Bituminous Surface Treatment Schim Mix Asphalt Concrete Fog Coat Town (Mainland) $ 2.50 per sq. yd. $ 82.00 per ton $ 2.00 per gallon Fishers Island $ 6.00 per sq. yd. $160.00 per ton $ 3.00 per gallon ./ Vote Record - Resolution 2006-423 yes/Aye NolNay Abstain Absent ItJ Adopted Albert Krupski Jr. Voter ItJ 0 0 0 0 Adopted as Amended William P. Edwards Voter ItJ 0 0 0 0 Defeated Daniel C. Ross Voter ItJ 0 0 0 0 Tabled Thomas H. Wickham Seconder ItJ 0 0 0 0 Withdrawn Louisa P. Evans Initiator ItJ 0 0 0 Scott Russell Voter ItJ 0 0 0 2006-424 Page 21 I May 9,2006 Town of South old Board Meeting Minutes CATEGORY: DEPARTMENT: Bid Acceptance Highway Department Accept the Bid ofCorazzini Asphalt, Inc.Jor Furnishing and Placing Bituminous Surface Treatment RC- 250 Liquid Asphalt & lA Slone ("Oil and Stone") RESOLVED that the Town Board of the Town of South old hereby accepts the bid of Corazzini Asphalt. Inc.. for furnishin!! and placin!! Bituminous Surface Treatment RC-250 LiQuid Asphalt & IA Stone ("Oil and Stone") within the Town of South old, all in accordance with the bid specifications and Town Attorney, and as follows: Bituminous Surface Treatment Town (Mainland) $ 2.60 per sq. yd. Fishers Island $ 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 -/ Vote Record ~ Resolution 2006-424 Yes/Aye No/Nay Abstain Absent 0 Adopted Albert Krupski Jr. Voter 0 0 0 0 0 Adopted as Amended William P. Edwards Voter 0 0 0 0 0 Defeated Daniel C. Ross Voter 0 0 0 0 0 Tabled Thomas H. Wickham Initiator 0 0 0 0 0 Withdrawn Louisa P. Evans Seconder 0 0 0 0 Scott Russell Voter 0 0 0 0 2006-425 CATEGORY: DEPARTMENT: Bid Acceptance Highway Department Accept the Bid ofCorazzini Asphalt, Inc., for Furnishing and Placing Liquid Asphalt Grades RC-250 & MC-250 RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Corazzini Asphalt. Inc.. for furnishin!! and placin!! LiQuid Asphalt Grades RC-250 & MC- 250 within the Town of South old, all in accordance with the bid specifications and Town Attorney, and as follows: Furnish and Place Within Town (Mainland) $4.50 per gallon Fishers Island $6.50 per gallon Page 22 May 9,2006 Town of South old Board Meeting Minutes ./ Vote Record - Resolution 2006-425 yes/Aye Noll'iay Abstain Absent 1<1 Adopted AlbC?tI<I-upskiJr. Initiator 1<1 0 0 0 0 Adopted as Amended William P. Edwards Seconder 1<1 0 0 0 0 Defeated Daniel C. Ross Voter 1<1 0 0 0 0 Tabled Thomas H. Wickham Voter 1<1 0 0 0 0 Withdrawn Louisa P. Evans Voter 1<1 0 0 0 Scott Russell Voter 1<1 0 0 0 2006-426 CATEGORY: DEPARTMENT: Bid Acceptance Town Clerk Accept the Bid ofCorazzini Asphalt, Inc., for Furnishing and Placing Hot Mix Asphalt Concrete Pavement "Type 5 Shim" Sand Mix Asphalt RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Corazzini Asphalt. Inc.. for furnishin!! and placin!! Hot Mix Asphalt Concrete Pavement "Tvpe 5 Shim" Sand Mix Asphalt within the Town of South old, all in accordance with the bid specifications and Town Attorney, and as follows: Town (Mainland) Fishers Island Hot Mix Asphalt Concrete Pavement 0-300 tons: 300-500 500-1000 Over 1000 $130.00 per ton $ 88.00 per ton $ 56.00 per ton $ 53.00 per ton $220.00 per ton $195.00 per ton $140.00 per ton $140.00 per ton ./ Vote Record - Resolution 2006-426 Yes/Aye NolNay Abstain Absent 1<1 Adopted Albert Krupski Jr. Seconder 1<1 0 0 0 0 Adopted as Amended William P. Edwards Initiator 1<1 0 0 0 0 Defeated Daniel C. Ross Voter 1<1 0 0 0 0 Tabled Thomas H. Wickham Voter 1<1 0 0 0 0 Withdrawn Louisa P. Evans Voter 1<1 0 0 0 Scott Russell Voter 1<1 0 0 0 2006-427 CATEGORY: DEPARTMENT: Bid Acceptance Highway Department Accept the Bid ofCorazzini Brothers, Inc.,for Furnishing and Placing Hot Mix Asphalt Concrete Page 23 May 9, 2006 Town of South old Board Meeting Minutes Pavement "Type 6 Top" RESOLVED that the Town Board of the Town of South old hereby accepts the bid of Corazzini Brothers. Inc.. for furnishin!!: and placin!!: Hot Mix Asphalt Concrete Pavement "Tvpe 6 Top" within the Town of Southold, all in accordance with the bid specifications and Town Attorney, and as follows: Town (Mainland) Fishers Island 300-500 ton 500-1000 ton Over 1000 tons $70.00 per ton $54.90 per ton $53.90 per ton $200.00 per ton $150.00 per ton $150.00 per ton '" Vote Record - Resolution 2006-427 Yes/Aye NolNay Abstain Absent Ii'! Adopted Albert Krupski Jr. Voter Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'! 0 0 0 0 Defeated Daniel C. Ross Initiator Ii'! 0 0 0 0 Tabled Thomas H. Wickham Seconder Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2006-428 CATEGORY: DEPARTMENT: Bid Acceptance Highway Department Accept the Bid of Corazzini Asphalt, Inc., for Furnishing and Placing Bituminous Surface Treatment RC- 250 Liquid Asphalt "Oil & Recycled Stone" RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Corazzini Asphalt. Inc.. for furnishin!!: and placin!!: Bituminous Surface Treatment RC-250 Liquid Asphalt "Oil & Recvcled Stone" within the Town of Southold, all in accordance with the bid specifications and Town Attorney, and as follows: Bituminous Surface Treatment Schim Mix Asphalt Concrete Fog Coat Town (Mainland) $ 2.00 per sq. yd. $82.00 per ton $ 2.00 per gallon Page 24 I May 9,2006 Town of South old Board Meeting Minutes ./ Vote Record. Resolution 2006-428 Yes/Aye NolN'ay Abstain Absent Iil Adopted Albert Krupski Jr. Voter Iil 0 0 0 0 Adopted as Amended William P. Edwards Voter Iil 0 0 0 0 Defeated Daniel C. Ross Voter Iil 0 0 0 0 Tabled Thomas H. Wickham Seconder Iil 0 0 0 0 Withdmwn Louisa P. Evans Initiator Iil 0 0 0 Scott Russell Voter Iil 0 0 0 2006-429 CATEGORY: DEPARTMENT: Bid Acceptance Highway Department Accept the Bid of Thomas H Gannon & Sons, Inc., for the Application of Polymer Modified Emulsified Asphalt Pavement, Type II Micro-Surfacing RESOLVED that the Town Board of the Town of South old hereby acceots the bid of Thomas H. Gannon & Sons. Inc.. for the aoolication of Polymer Modified Emulsified Asohalt Pavement. Tvoe II Micro-Surfacinl!: within the Town of Southold, all in accordance with the bid specifications and Town Attorney, and as follows: Type II Micro-Surfacing Truing & Leveling (Type 5 - Shim) $ 1.49 per sq. yd. $95.00 per ton ./ Vote Record - Resolution 2006-429 Yes/Aye NolNay Abstain Absent Iil Adopted Albert Krupski Jr. Voter Iil 0 0 0 0 Adopted as Amended William P. Edwards Voter Iil 0 0 0 0 Defeated Daniel C. Ross Voter Iil 0 0 0 0 Tabled Thomas H. Wickham Initiator Iil 0 0 0 0 Withdrawn Louisa P. Evans Seconder Iil 0 0 0 Scott Russell Voter Iil 0 0 0 2006-430 CATEGORY: DEPARTMENT: Bid Acceptance Highway Department Accept the Bid ofCorazzini 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 RESOLVED that the Town Board ofthe Town of Southold hereby acceots the bid of Corazzini Brothers. Inc.. in the amount of $57.00 oer ton. for the ourchase of Tvoe 6 Asphalt. to be picked UP and used bv the Southold Town Hil!:hwav Department and in accordance with the bid specifications and Town Attorney.. Page 25 . May 9,2006 Town of South old Board Meeting Minutes <t' Vote Record - Resolution 2006...430 Yes/Aye NolNay Abstain Absent Ii!! Adopted Albert Krupski Jr. Initiator Ii!! 0 0 0 0 Adopted as Amended William P. Edwards Seconder Ii!! 0 0 0 0 Defeated Daniel C. Ross Voter Ii!! 0 0 0 0 Tabled Thomas H. Wickham Voter Ii!! 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii!! 0 0 0 Scott Russell Voter Ii!! 0 0 0 2006-431 CATEGORY: DEPARTMENT: Employment - Town Accounting Appoint Darcy Scroxton to the Position of a Part-Time Seasonal Clerk RESOLVED that the Town Board of the Town of Southold hereby appoints Darcv Scroxton to 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. ./ Vote Record - Resolution 2006431 Yes/Aye No~ay Abstain Absent Ii!! Adopted Albert Krupski Jr. Seconder Ii!! 0 0 0 0 Adopted as Amended William P. Edwards Initiator Ii!! 0 0 0 0 Defeated Daniel C. Ross Voter Ii!! 0 0 0 0 Tabled Thomas H. Wickham Voter Ii!! 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii!! 0 0 0 Scott Russell Voter Ii!! 0 0 0 2006-432 CATEGORY: DEPARTMENT: Strawberry Fields Town Clerk Grant Permission to the Mattituck Lions Club to Hold Their Annual Strawberry Festival and Country Fair RESOLVED that the Town Board of the Town of Southold hereby l!:rants permission to the 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. Cap!. Flatley to be contacted at within ten (10) days after Town Board approval to coordinate traffic control. Note: Certificate ofInsurance has been filed Page 26 I May 9, 2006 Town of South old Board Meeting Minutes ./ Vote Record w Resolution 2006-432 Yes/t-\.ye j'<JolN'ay Abstain Absent Ii'! Adopted Albert Krupski Jr. Voter Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'! 0 0 0 0 Defeated Daniel C. Ross Initiator Ii'! 0 0 0 0 Tabled Thomas H. Wickham Voter Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Seconder Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2006-433 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements 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 South old RESOLVED that the Town Board of the Town of South old hereby desil!:nates the Chief Inspector and/or each of the dulv appointed inspectors of Certified Electrical Inspections. Inc.. 188A Park Avenue. Amitvville. New York 11701. as electrical inspectors of the Town of South old, and authorizes and deputizes them as agents of the Town of South old to make inspections and re-inspections of all electrical installations, all in accordance with Chapter 43 (Electrical Inspections) of the Code of the Town of South old; 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 South old, shall provide the Town of South old 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 y ~s/Aye No/Nay Abstain Absent Ii'! Adopted Albert Krupski Jr. Voter Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'! 0 0 0 0 Defeated Daniel C. Ross Voter Ii'! 0 0 0 0 Tabled Thomas H. Wickham Seconder Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Initiator Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2006-434 CA TEGOR Y: DEPARTMENT: Grants Community Development Authorize and Direct Supervisor Scott A. Russell 10 Sign a Grant Application for Funding Under the New York State Environmental Protection Fund And/Or the Clean Water/Clean Air Bond Act Page 27 . May 9,2006 Town of South old Board Meeting Minutes RESOLVED that the Town Board ofthe Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to silm a erant application for fundine 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/;\ye NO~llY Abstain Absent Ii'! Adopted i\lhertl<l-upskiJr. Voter Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'! 0 0 0 0 Defeated Daniel C. Ross Seconder Ii'! 0 0 0 0 Tabled Thomas H. Wickham Initiator Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2006-435 CATEGORY: DEPARTMENT: Grants Community Development Authorize and Direct Supervisor Scott A. Russell to Sign a Grant Applicationfor Funding Under the New York State Environmental Protection Fund And/Or the Clean Water/Clean Air Bond Act RESOLVED that the Town Board of the Town of South old hereby authorizes and directs Supervisor Scott A. Russell to sien a erant application for fundine 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 of' Vote Record - Resolution 2006-435 Yes/Aye No~ay Abstain Absent Ii'! Adopted AI.,ert Krups~i Jr. Initiator Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'! 0 0 0 0 Defeated Daniel C. Ross Voter Ii'! 0 0 0 0 Tabled Thomas H. Wickham Seconder Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2006-436 CATEGORY: DEPARTMENT: Grants Community Development Page 28 ~ May 9, 2006 Town of Southold Board Meeting Minutes Authorize and Direct Supervisor Scott A. Russell to Sign a Grant Application for Funding Under the New York State Environmental Protection Fund and lOr the Clean Water/Clean Air Bond Act. RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to silm a !!:rant application for fundin!!: under the New York State Environmental Protection Fund and lor 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 NolNay Abstain Absent 1<1 Adopted i\lbertl<JupskiJr. Seconder 1<1 0 0 0 0 Adopted as Amended William P. Edwards Initiator 1<1 0 0 0 0 Defeated Daniel C. Ross Voter 1<1 0 0 0 0 Tabled Thomas H. Wickham VOler 1<1 0 0 0 0 Withdrawn Louisa P. Evans Voter 1<1 0 0 0 Scott Russell Voter 1<1 0 0 0 2006-437 CATEGORY: DEPARTMENT: Employment - Town Public Works Appoint Kenneth Heidtmann to the Position of a Seasonal Laborer for the Department of Public Works RESOLVED that the Town Board of the Town of South old hereby appoints Kenneth 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/N"ay Abstain Absent 1<1 Adopted Albertl<rupski Jr. Voter 1<1 0 0 0 0 Adopted as Amended William P. Edwards Voter 1<1 0 0 0 0 Defeated Daniel C. Ross Initiator 1<1 0 0 0 0 Tabled Thomas H. Wickham Seconder 1<1 0 0 0 0 Withdrawn Louisa P. Evans Voter 1<1 0 0 0 Scott Russell Voter 1<1 0 0 0 2006-438 CATEGORY: DEPARTMENT: Budget Modification Data Processing ModifY the 2006 General Fund Budget - Data Processing Page 29 . May 9, 2006 Town of Southold Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby modifies the 2006 General Fund budl!:et, as follows: From: A.IOl0.4.600.200 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 y ~sjAye No/Nay Abstain Absent 1<1 Adopted Albert Krupski Jr. Voter 1<1 0 0 0 0 Adopted as Amended William P. Edwards Voter 1<1 0 0 0 0 Defeated Daniel C. Ross Voter 1<1 0 0 0 0 Tabled Thomas H. Wickham Seconder 1<1 0 0 0 0 Withdrawn Louisa P. Evans Initiator 1<1 0 0 0 Scott Russell Voter 1<1 0 0 0 2006-439 CATEGORY: DEPARTMENT: Local Law Public Hearing Town Attorney Set June 20,2006 At 5:00 Pm., Southo/d 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 South old, Suffolk County, New York, on the 9th day of May, 2006 a Local Law entitled "A Local Law in relation to Extendinl!: the Tax ExemDtion for Unremarried SDouses of Deceased Firefil!:hters and Ambulance Workers Killed in Line of Dutv" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 20th day of June, 2006 at 5:00 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Extendinl!: the Tax ExemDtion for Un- remarried SDouses of Deceased Firefil!:hters and Ambulance Workers Killed in Line of Dutv" reads as follows: LOCAL LAW NO._2006 Page 30 I May 9, 2006 Town of Southold Board Meeting Minutes 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 South old is hereby amended as follows: S 85-13. Un-remarried spouses of volunteer firefighters or volunteer ambulance workers killed in line of duty. Any exemption granted under S 85-11 to an enrolled member of an incorporated volunteer fire company, fire department, or incorporated volunteer ambulance service, shall be extended to 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. S 85-14. Applicability. Section 85-14 shall apply to assessment rolls prepared on the basis of taxable status dates occurring on or after January I, 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. Page 31 I May 9,2006 Town of Southold Board Meeting Minutes 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 NolNay Abstain Absent 0 Adopted Albert Krupski Jr. Voter 0 0 0 0 0 Adopted as Amended William P. Edwards Voter 0 0 0 0 0 Defeated Daniel C. Ross Seconder 0 0 0 0 0 Tabled Thomas H. Wickham Initiator 0 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 0 Scott Russell Voter 0 0 0 0 2006-440 CATEGORY: DEPARTMENT: Budget Modification Solid Waste Management District ModifY the 2006 Solid Waste District Budget - Electric Switch RESOLVED that the Town Board of the Town of South old hereby modifies the 2006 Solid Waste District budl!et as follows: From: SR 8160.4.100.566 SR 8160.4.400.825 Contractual Expense Maint-Cat Quarry Truck Contractual Expense Glass Removal $ 2,000 $ 2,600 To: SR 8160.2.500.750 Equipment Heating & Lighting Equip $ 4,600 ./ Vote Record - Resolution 2006-440 Yes/Aye NolNay Abstain Absent 0 Adopted J\1~~I<.rups~i,Jr. Voter 0 0 0 0 0 Adopted as Amended William P. Edwards Seconder 0 0 0 0 0 Defeated Daniel CRoss Voter 0 0 0 0 0 Tabled Thomas H. Wickham Initiator 0 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 0 Scott Russell Voter 0 0 0 0 2006-441 CATEGORY: DEPARTMENT: Employment - Town Police Dept Reinstate Michael Boken to the Position of Public Safety Dispatcher lfor the Police Department Page 32 May 9, 2006 Town of Southold Board Meeting Minutes RESOLVED that the Town Board of the Town of South old hereby reinstates Michael Boken 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 YesiAye No/Nay Abstain Absent Ii'! Adopted t\lbert~pslciJr. Initiator Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'! 0 0 0 0 Defeated Daniel C. Ross Voter Ii'! 0 0 0 0 Tabled Thomas H. Wickham Seconder Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2006-442 CATEGORY: DEPARTMENT: Local Law Public Hearing Town Clerk Set June 6, 2006, At 8:00 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 South old, Suffolk County, New York, on the 9th day of May, 2006 a Local Law entitled "A Local Law in relation to Size Limitations on Retail Uses", now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 6th of June, 2006 at 8:00 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. The proposed Local Law entitled, "A Local Law in relation to Size Limitations on Retail Uses" reads as follows: LOCAL LAW NO. OF 2006 Page 33 . May 9, 2006 Town of South old Board Meeting Minutes A Local Law entitled, "A Local Law in relation to Size Limitations on Retail Uses". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - The goals of the Town of South old, as set forth in numerous planning documents over the past twenty years, include the preservation ofland, 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 detrimental effects large scale commercial development can have on small towns. The Town of South old'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: S 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: Page 34 l May 9,2006 Town of Southold Board Meeting Minutes A. Permitted uses. The following are permitted uses and, except for those uses permitted under Subsection A(l), 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 anv 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 complv 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 1. 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. ii. Building walls that face public streets. connecting pedestrian walkwavs. or adiacent 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 sixtv 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 primarv pedestrian walkwavs and be transparent between the height of three (3) feet and eight (8) feet above the grade ofthe walkwav for no less than sixtv 60% of the horizontal length of the building facade. 111. Awnings. (a) Awnings shall be no longer than a single storefront. Page 35 I May 9,2006 Town of South old Board Meeting Minutes (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/pro;ections; (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. 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: 1. Smooth-faced gray concrete block. painted or stained concrete block. tilt-up concrete panels; n. 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 Page 36 l May 9, 2006 Town of South old Board Meeting Minutes 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 I. 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 I. 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 bv Article XIX. of the Town of South old Town Code. 2. Parking areas shall be screened from adiacent 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 (! 0) which may be permitted as a special exception bv the Planning Board. and all such special exception uses shall be subject to site plan approval by the Planning Board. (! 0) 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)), subiect to the following requirements: (a) Compliance with the retail building standards listed below. in addition to the site plan requirements of this Chapter. I. Building Massing and Facade Treatment a. Variation in Massing Page 37 ~ May 9,2006 Town of Southold Board Meeting Minutes k A single. large. dominant building mass shall be prohibited. n. 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. lll. Building walls that face public streets, connecting pedestrian walkways. or adiacent 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 (reauires 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 W Buildings shall consist of a building bay Or structural building system that is a maximum of thirty feet 00') 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. Page 38 May 9, 2006 Town of Southold Board Meeting Minutes (11) 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; G) 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- ill! 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: 1. Smooth-faced grav concrete block. painted or stained concrete block. tilt-up concrete panels; Page 39 ~ May 9,2006 Town of South old Board Meeting Minutes 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 receotacles 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 primarv street frontage and/or sidewalk. 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. AdeCluate parking shall be provided in accordance with that required bv Article XIX, of the Town of Southold Town Code. b. Parking: areas shall be screened from adiacent 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 proiected impact of the retail store(s) on: Page 40 . May 9, 2006 Town of Southold Board Meeting Minutes 1. The existing local retail market. including market shares. if applicable. ii. The supplv and demand for local retail space. lll. Local wages. benefit and employment. IV. Revenues retained within the local economies of the Town of South old. v. Public service and facilities costs. VI. Public revenues. VII. Impacts on municipal taxes. viii. Impacts of propertv values in the communi tv. IX. Effects on retail operations in the surrounding market area. x. Emplovee housing needs. if applicable. Xl. The Town of South old's abilitv to implement its Comprehensive Plan consistent with the proposed proiect. ~100-1O1. 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(I), (12) and (13) hereof, are subject to site plan approval by the Planning Board: (2) Any permitted use set forth in and regulated by ~ I 00-9IA(3) to (21) of the Hamlet Business District. except Subsection An) as applicable in the Business District is herein modified as follows: (a) Retail stores. ull to a maximum of 8.000 total SQuare feet of ~oss floor area in anv 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 complv with the retail building standards for B Districts listed below. in addition to the site plan reQuirements of this Chapter. I. Building Massing and Facade Treatment Page 41 I May 9,2006 Town of South old Board Meeting Minutes a. Variation in Massing i. A single. large. dominant building mass shall be prohibited. n. 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. 1Il. Building walls that face public streets. connecting pedestrian walkwavs. or adiacent 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. 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 c1earlv-defined. highly- visible customer entrance( s) featuring no less than three (3) of the following: (a) Canopies or porticos; (b) Overhangs; (c) Recesses/proiections; (d) Arcades; ( e) Raised corniced parapets over the door; Page 42 May 9,2006 Town of South old Board Meeting Minutes (f) Peaked roof forms; (g) Arches; (h) Outdoor patios; (i) Displav 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- Jill 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 Qualitv 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: 1. 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. L Site Design Page 43 I May 9, 2006 Town of Southold Board Meeting Minutes a. The principal building entrance shall face the primary street frontage and/or sidewalk. ~ 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 bv Article XIX. of the Town of Southold Town Code. b. Parking areas shall be screened from adiacent properties, treets and public sidewalks. pursuant to Ii 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, exceot Subsection (J 7) which may be permitted as a special exception bv the Planning Board. and all such special exception uses shall be subject to site plan approval by the Planning Board. (J 7) 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). subiect 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. I. 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. Page 44 , May 9,2006 Town of South old Board Meeting Minutes iii. Building walls that face public streets. connecting pedestrian walkways. or adiacent 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. Bavs shall be visually established bv architectural features such as columns. ribs or pilasters. piers. changes in wall planes and changes in texture or materials. 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. Page 45 May 9, 2006 Town of South old Board Meeting Minutes VI. Customer Entrances Retail buildinl!s shall have clearly-defined. hil!hly-visible customer entrance(s) featurinl! no less than three (3) of the followinl!: (a) Canopies or porticos; (b) Oyerhanl!s; (c) Recesses/projections; (d) Arcades: (e) Raised corniced parapets over the door; (f) Peaked roofforms; (g) Arches; (h) Outdoor vatios; (i) Display windows; (j) Architectural detail such as tile work and moldings integrated into the building structure and design; or (k) Integral vlanters or wing walls that incorporate landscaped areas and/or places for sitting. vii. Buildings containing a drive-throul!h 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: 1. Smooth-faced gray concrete block. painted or stained concrete block. tilt-up concrete panels; ii. Field-painted or ore-finished standard corrugated metal siding; 3. Signage a. Advertisements. including trademark logos. service marks may not be affixed. painted or glued onto the windows Page 46 I May 9,2006 Town of South old Board Meeting Minutes 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 shan 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 an uses contained in the development's building(s) shan 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 bv Article XIX, ofthe Town of Southold Town Code. b. Parking areas shan be screened from adiacent 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 shan conduct or hire a consultant to conduct a Market and Municipal Impact Study, at the expense of the applicant. Such study shan include an analysis of the proiected impact of the retail store(s) on: 1. The existing local retail market, including market shares, if applicable. ii. The supply and demand for local retail space. iii. Local wages, benefit and emplovrnent. 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 communi tv. IX. Effects on retail operations in the surrounding market area. Page 47 r May 9,2006 Town of Southold Board Meeting Minutes x. Emplovee housing needs. if applicable. XI. The Town of Southold's abilitv to implement its Comprehensive Plan consistent with the proposed proiect. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shaH be adjudged by any court of competent jurisdiction to be invalid, the judgment shaH 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 shaH take effect immediately upon filing with the Secretary of State as provided by law. v' Vote Record 8 Resolution 2006-442 Yes/Aye N()/Nay Abstain Absent 0 Adopted Albert Krupski Jr. Voter 0 0 0 0 0 Adopted as Amended William P. Edwards Voter 0 0 0 0 0 Defeated Daniel C. Ross Initiator 0 0 0 0 0 Tabled Thomas H. Wickham Seconder 0 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 0 Scott Russell Voter 0 0 0 0 2006-443 CA TEGOR Y: DEPARTMENT: Local Law Public Hearing Town Clerk Set June 6, 2006, 8:05 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 WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 9th day of May, 2006 a Local Law entitled "A Local Law in relation to Amendments to the Minor Exempt Actions List ofthe Waterfront Consistencv Review Law" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 6th day of June, Page 48 May 9, 2006 Town of South old Board Meeting Minutes 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. The proposed Local Law entitled, "A Local Law in relation to Amendments to the Minor ExemDt Actions List of the Waterfront Consistencv 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 South old 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; 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 Page 49 I May 9, 2006 Town of Southold Board Meeting Minutes 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 llfId, 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 ofland 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 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 Page 50 \ May 9,2006 Town of South old Board Meeting Minutes 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 oflocallandmarks 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 accessorv to existing permitted primary structures. and which accessorv structures are greater than 50 feet from a tidal wetland: DD. Pervious residential drivewavs 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 propertv in the same location with a silt curtain emploved during construction; and HH. Lot line changes. 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. Page 51 I May 9, 2006 Town of South old Board Meeting Minutes ./ Vote Record - Resolution 2006443 Yt:s!Aye NolNay Abstain Absent 0 Adopted Albert Krupski Jr. Voter 0 0 0 0 0 Adopted as Amended William P. Edwards Voter 0 0 0 0 0 Defeated Daniel C. Ross Voter 0 0 0 0 0 Tabled Thomas H. Wickham Seconder 0 0 0 0 0 Withdrawn Louisa P. Evans Initiator 0 0 0 0 Scott Russell Voter 0 0 0 0 2006-444 CATEGORY: DEPARTMENT: Litigation 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 RESOLVED that the Town Board of the Town of South old hereby retains Peter Berl!en. ESQ. as Soecial Counsel for advice and reoresentation of the Town in connection with rel!ulatorv oroceedinl!s broul!ht before the Federal Enerl!V Rel!ulatorv Commission relatinl! to the orooosed Broadwaters floatinl! LNG facility, at a rate not to exceed $175.00 per hour, in accordance with the supervision ofthe Town Attorney. 0/ Vote Record - Resolution 2006-444 Yes/Aye NolNay Abstain Absent 0 Adopted i\Jbert Krupski Jr. Voter 0 0 0 0 0 Adopted as Amended William P. Edwards Voter 0 0 0 0 0 Defeated Daniel C. Ross Seconder 0 0 0 0 0 Tabled Thomas H. Wickham Initiator 0 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 0 Scott Russell Voter 0 0 0 0 2006-445 CATEGORY: DEPARTMENT: Seqra Town Clerk 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 RESOLVED that the Town Board of the Town of South old hereby retains Cleary Consultinl! to oerform a SEORA review of the orooosed 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. Page 52 . May 9,2006 Town of South old Board Meeting Minutes ./ Vote Record ~ Resolution 2006-445 Yes/Aye NolNay Abstain Absent 6!1 Adopted AI~ertKrupski Jr. Initiator 6!1 D D D D Adopted as Amended William P. Edwards Voter 6!1 D D D D Defeated Daniel C. Ross Voter 6!1 D D D D Tabled Thomas H. Wickham Seconder 6!1 D D D D Withdrawn Louisa P. Evans Voter 6!1 D D D Scott RusseU Voter 6!1 D D D 2006-446 CATEGORY: DEPARTMENT: Authorize to Bid Town Clerk Authorize Bid Advertisement for Pump-Out Boat RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the 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 NolNay Abstain Absent 6!1 Adopted Albert Krupski Jr. Seconder 6!1 D D D D Adopted as Amended William P. Edwards Initiator 6!1 D D D D Defeated Daniel C. Ross Voter 6!1 D D D D Tabled Thomas H. Wickham Voter 6!1 D D D D Withdrawn Louisa P. Evans Voter 6!1 D D D Scott Russell Voter 6!1 D D D 2006-447 CATEGORY: DEPARTMENT: Legislation Town Clerk Home Rule S. 7787 and A.I 0845 Extending the Community Preservation Fund Until December 31, 2030. WHEREAS, a bill has been introduced in the State Legislature as S.7787 and A.I 0845 and 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 Southold hereby reauests the enactment of Senate Bill No. S.7787 and Assembly Bill No. 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'. Page 53 I May 9, 2006 Town of Southold Board Meeting Minutes .;' Vote Record - Resolution 2006-447 Yes/;\Y,e NolNay Abstain Absent 6'1 Adopted ~lb~KrupskiJr. Voter 6'1 0 0 0 0 Adopted as Amended William P. Edwards Voter 6'1 0 0 0 0 Defeated Daniel C. Ross Initiator 6'1 0 0 0 0 Tabled Thomas H. Wickham Seconder 6'1 0 0 0 0 Withdrawn Louisa P. Evans Voter 6'1 0 0 0 Scott Russell Voter 6'1 0 0 0 2006-448 CATEGORY: DEPARTMENT: Employment - Town Town Attorney Maternity Leave for Town Attorney RESOLVED that the Town Board of the Town of Southold hereby l!rants a maternity leave of absence to Patricia A. Finnel!an. Town Attornev, from May 22, 2006 and returning to work on September II, 2006. ./ Vote Record - Resolution 2006-448 Xes! Aye l\Io!l"Jay Abstain Absent 6'1 Adopted Albert Krupski Jr. Voter 6'1 0 0 0 0 Adopted as Amended William P. Edwards Voter 6'1 0 0 0 0 Defeated Daniel C. Ross Voter 6'1 0 0 0 0 Tabled Thomas H. Wickham Seconder 6'1 0 0 0 0 Withdrawn Louisa P. Evans Initiator 6'1 0 0 0 Scott Russell Voter 6'1 0 0 0 2006-449 CATEGORY: DEPARTMENT: Legislation 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 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 Page 54 r May 9, 2006 Town of Southold Board Meeting Minutes 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 South old 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 Ii'! Adopted Alb~ KrupskiJr. Voter Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'! 0 0 0 0 Defeated Daniel C. Ross Voter Ii'! 0 0 0 0 Tabled Thomas H. Wickham Initiator Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Seconder Ii'! 0 0 0 Scott Russell Voter . Ii'! 0 0 0 2006-450 CATEGORY: DEPARTMENT: Legislation Town Clerk Amend Water Main Map to Include Sound Avenue From the Riverhead Line to Cox Neck Road, Mattituck WHEREAS, the Town of South old 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 Page 55 l May 9, 2006 Town of Southold Board Meeting Minutes 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 SCW A 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 SCW A 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 SCW A 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 South old at the request of the SCWA amends the existing water map to include a transmission main on Sound A venue 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 enviromnent 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 NOlNay Abstain Absent Ii'I Adopted Albert Krupski Jr. Voter 0 Ii'I 0 0 0 Adopted as Amended William P. Edwards Initiator Ii'I 0 0 0 0 Defeated Daniel C. Ross Voter Ii'I 0 0 0 0 Tabled Thomas H. Wickham Seconder Ii'I 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii'I 0 0 0 Scott Russell Voter Ii'I 0 0 0 2006-451 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Clerk Authorize and Direct Supervisor Scott A. Russell 10 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 RESOLVED that the Town Board of the Town of South old hereby authorizes and directs Supervisor Scott A. Russell to execute an Aereement with the New York State Page 56 I May 9, 2006 Town of Southold Board Meeting Minutes Environmental Facilities Corporation in the amount of $35.000. for fundin~ under the Clean Vessel Act Assistance Pro~ram in connection with the Pumn-Out Boat for the Town of Southold, all in accordance with the approval of the Town Attorney. ./ Vote Record. Resolution 2006~4S1 Yes/;\ye No/Nay Abstain Absent 1<1 Adopted t\lllertJ<rupski}r. Voter 1<1 0 0 0 0 Adopted as Amended William P. Edwards Voter O'l 0 0 0 0 Defeated Daniel C. Ross Initiator 1<1 0 0 0 0 Tabled Thomas H. Wickham Voter 1<1 0 0 0 0 Withdrawn Louisa P. Evans Seconder O'l 0 0 0 Scott Russell Voter 1<1 0 0 0 2006-452 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements 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 RESOLVED that the Town Board of the Town of South old hereby authorizes and directs Supervisor Scott A. Russell to execute an A~reement 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. 0/ Vote Record - Resolution 2006-452 Yes/Aye NolNay Abstain Absent O'l Adopted i\lbertJ<rupski Jr. Voter 1<1 0 0 0 0 Adopted as Amended William P. Edwards Voter 1<1 0 0 0 0 Defeated Daniel C. Ross Seconder 1<1 0 0 0 0 Tabled Thomas H. Wickham Voter 1<1 0 0 0 0 Withdrawn Louisa P. Evans Initiator O'l 0 0 0 Scott Russell Voter 1<1 0 0 0 2006-453 CATEGORY: DEPARTMENT: Equipment Town Clerk Removal And/Or Destruction of an Unnavigable Sailboat Owned by Boyce Terrell of Farmingvil/e RESOLVED that, pursuant to Section 32-33 of the Town Code, having given prior written notice to the owner, the Town Board of the Town of Southold hereby directs the removal and/or destruction of an unnavi~able sailboat owned bv Bovee Terrell of Farmin~iIIe, Page 57 I May 9, 2006 Town of South old Board Meeting Minutes 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 Iil Adopted Albert Krupski Jr. Voter Iil 0 0 0 0 Adopted as Amended William P. Edwards Voter Iil 0 0 0 0 Defeated Daniel C. Ross Voter Iil 0 0 0 0 Tabled Thomas H. Wickham Initiator Iil 0 0 0 0 Withdrawn Louisa P. Evans Seconder Iil 0 0 0 Scott Russell Voter 0 0 0 0 2006-454 CATEGORY: DEPARTMENT: Organizational 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.. Fridav. Mav 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 NolNay Abstain Absent 0 Adopted AJi>ert Krllpski Jr. Initiator Iil 0 0 0 0 Adopted as Amended William P. Edwards Seconder 0 0 0 0 0 Defeated Daniel C. Ross Voter 0 0 0 0 0 Tabled Thomas H. Wickham Voter 0 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 0 Scott Russell Voter 0 0 0 0 58. Statement SUPERVISOR RUSSELL: Would anybody like to address the Board on any issue? PEGGY MURPHY: Scott, I was, Let Albertson died recently and I was struck at the funeral home and the funeral by the outpouring from just so many different walks of life and kinds of people for Let. And we have parks named for various public officials and I was trying to think of a piece of land that might be left that could be named to honor Let, if the Board were so inclined, and then of course, I, 434, I think the Peconic Lane school as a recreation center, so there you are. Maybe that could be dedicated in his memory. So I just would like the Board to consider a gesture in that direction. SUPERVISOR RUSSELL: That is a very good thought. Thank you. BEV KENDALL: My name is Bev Kendall and I am a member of the Goose Creek Lane South homeowners association. And this issue has been handed over to Southold Town, there is a lot of rural roads that were under the county's jurisdiction. Trying to get the Town to accept them and I know it is a complicated issue but the association, the homeowners on that road are at the Page 58 I May 9,2006 Town of South old Board Meeting Minutes mercy, whatever decision is made and we would appreciate being in the loop at some point or getting or being given an opportunity to voice our concerns. So, if possible, you know, I would like to call the office and see if I could set up a meeting at some point. SUPERVISOR RUSSELL: Absolutely. Actually, Councilman Wickham had talked to me about this earlier. I had talked to some of your neighbors down there for the past year and a half at least, on this issue. As an assessor, I am familiar with the problems with these more or less walked away from roads. These dirt roads, pavements, streets things like that. Developers sell their lots, they walk away from it and the taxes end up going derelict and the county takes it and by all means, the county doesn't really want to own these things but we do need to come up with a comprehensive policy, town wide, but I do know in your case, we need to make some specific decisions and I am well aware of it and I would be happy to meet with you any time. MS. KENDALL: Great. Thank you so much. SUPERVISOR RUSSELL: Sure. Would anybody else like to address the Board on any issue? Yes? UNIDENTIFIED: There was one item, I, it is number 444 I believe and I wanted to find out a little more about it. This is the part where they are going to assign a special party who will address these problems associated with the liquid natural gas facility to be docked off of Southold and I, did anybody speak of this or has anybody done anything with this? I didn't hear any discussion of it. SUPERVISOR RUSSELL: We have had ongoing discussions with the Broadwater proposal, actually preceding even as I sat here as supervisor. It started under the previous supervisor. There have been several discussions and Pat, maybe you can fill him in on this particular resolution? TOWN ATTORNEY FINNEGAN: This resolution would be to retain an attorney who is involved in it and who specializes in energy regulatory law to work with us on that and point out different areas that we might be effective at presenting views of the Town. You know, there are areas where we might not be so effective and there are areas where we would be. Commenting, for example, on our L WRP or things like that. So that, he is going to help us focus in that direction. UNIDENTIFIED: Okay. So this gentleman will help you focus on the problems and help you in decision making? TOWN ATTORNEY FINNEGAN: Correct. UNIDENTIFIED: And are you going to approach the townspeople and get their thoughts on this in some fashion? Through a vote or an additional meeting of some nature? SUPERVISOR RUSSELL: In terms of whether they would embrace the Broadwater proposal or Page 59 l May 9, 2006 Town of South old Board Meeting Minutes not? UNIDENTIFIED: Yes. SUPERVISOR RUSSELL: The previous Town Board, prior to my being the supervisor, had passed a resolution in opposition to Broadwater, I truly believe that that is generally the sentiment of most of the people that I have talked to. But certainly we could have a public meeting on this, some sort of public forum. That would be great. UNIDENTIFIED: Okay. Well, hey, I thank you. I appreciate it. COUNCILMAN ROSS: We are not really leading the charge here, we just wanted to have counsel to follow, to follow the situation. There are other parties who are going to be more involved but we thought it would be correct to have participation in it; so our voice is heard. JUSTICE EVANS: This attorney is also working.... UNIDENTIFIED: You are proceeding prudently. COUNCILMAN ROSS: Absolutely. We think so. SUPERVISOR RUSSELL: I would say the lead party here is probably the Town of River head. TOWN ATTORNEY FINNEGAN: And the County of Suffolk is very vocal, very active in opposing it. This particular attorney is also working with Riverhead. JUSTICE EVANS: He will let the Town know how they.... UNIDENTIFIED: I can't hear you. JUSTICE EVANS: He will let the Town know how they can be effective in fighting this. We are not leading the charge, by no means. It is just when we can put in our two cents, we will. UNIDENTIFIED: I am glad you are in the fight. Thank you so much. SUPERVISOR RUSSELL: Would anybody else like to address the Board on any issue? (No response) Hearing none, can I get a motion to adjourn? 8. Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 8:20 P.M. . . . . . fY~~/.g~ O.!}J4 ~:Neville Page 60 May 9,2006 Town of South old Board Meeting Minutes -/ Vote Record - Adiourn Town Board Meetine 1<1 o o t\lbert~ps~i Jr. William P. Edwards Daniel C. Ross Thomas H. Wickham Louisa P. Evans Scott Russell Adopted Defeated Withdrawn Southold Town Clerk Voter Voter Seconder Initiator Voter Voter Yes/Aye 1<1 1<1 1<1 1<1 1<1 1<1 ~olNay o o o o o o Abstain o o o o o o Absent o o o o o o Page 61