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HomeMy WebLinkAboutAG-10/03/2006 ELIZABETH A. NEVILLE Town Hall, 53095 Main Road TOWN CLERK PO Box 1179 Southold, NY 11971 REGISTRAR OF VITAL STATISTICS Fax (631) 765-6145 MARRIAGE OFFICER Telephone: (631) 765 - 1800 RECORDS MANAGEMENT OFFICER southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER AGENDA SOUTHOLD TOWN BOARD October 3, 2006 7:30 PM Attendee Name Present Absent Late Arrival Councilman Albert Krupski Jr. ??? Councilman William P. Edwards ??? Councilman Daniel C. Ross ??? Councilman Thomas H. Wickham ??? Justice Louisa P. Evans ??? Supervisor Scott Russell ??? Town Clerk Elizabeth A. Neville ??? Town Attorney Patricia A. Finnegan ??? POLICY: At scheduled Town Board meetings, the attending public is encouraged to briefly address the Town Board relating to agenda resolutions prior to their enactment; the public will also be given time at the conclusion of the regularly scheduled business agenda to address the Board on any given topic. Call to Order. Pledge of Allegiance. I. REPORTS 1. Recreation Department Monthly Report August 2006 II. PUBLIC NOTICES 1. NYSDEC Notice of Complete Application NYS DOT to replace existing bridge for Route 25 over the Long Island Railroad in area of Sage and Kerwin Boulevards. 2. Board of Trustees Scallop Season - 2006 Southold Town Meeting Agenda - October 3, 2006 Page 2 3. Fall Leaf and Brush Cleanup Grace Period at Disposal Area begins November 18, 2006 Cleanup begins November 27, 2006 in Orient III. COMMUNICATIONS IV. DISCUSSION 1. 9:00 A.M. Multi Modal Project Authorization and Bid Jamie Richter 2. Bucket Truck Purchase Highway Department 3. 9:30 A.M. Water Map John Sep 4. 10:00 A.M. East Marion Community Center Proposal Stephen Searl, Tim Caufield 5. Supervisor’s 2007 Budget Set meeting Schedule 6. 12:00 P.M. - Lunch Lunch 7. Code Enforcement Fees & Penalties 8. Size, Height & Setback Standards Accessory Buildings 9. Resignation From Town Trustee John Holzapfel 10. L W R P - Update on L W R P / Trustees Meeting - Coordinating Council - Coordinator Discussion 11. Cleaves Point Condo Request Southold Town Meeting Agenda - October 3, 2006 Page 3 12. J. W. Guild Decision Town Code/Ag Zoning & Code Requirements 13. Status Update - T D R’s 14. Executive Session CSEA Contract - Equal Time off grievances 15. Executive Session Litigation - Pat Finnegan 16. Executive Session Cross Sound Ferry Litigation - Councilman Wickham 17. Executive Session CSEA - MOA for Maintenance Mechanic V. MINUTES APPROVAL 1. Wednesday, August 09, 2006 2. Tuesday, August 22, 2006 3. Tuesday, September 05, 2006 4. Tuesday, September 19, 2006 VI. RESOLUTIONS 2006-768 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit 10/3/06 RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby October 3, 2006. Southold Town Meeting Agenda - October 3, 2006 Page 4 Vote Record - Resolution RES-2006-768 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-769 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Next Town Board Meeting 10/17/06 and Set Budget Review Session. RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, October 17, 2006 at the Southold Town Hall, Southold, New York at 4:30 P.M.. and be it further RESOLVED that the Town Board shall hold budget review sessions at 1:30 PM on the following dates: Tuesday, October 10; Thursday, October 12; Friday, October 13; Tuesday, October 17; Thursday, October 19; and Friday, October 20, 2006. Vote Record - Resolution RES-2006-769 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-770 Tabled 9/19/2006 4:30 PM CATEGORY: Bid Acceptance DEPARTMENT: Highway Department Rescind Resolution # 2006-169, Adopted At January 31, 2006 Regular Town Board Meeting, Aerial Boom Truck RESOLVEDrescinds Resolution # 2006- that the Town Board of the Town of Southold hereby 169, adopted at January 31, 2006 regular Town Board meeting that read as follows: RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Aerial Lift Inc., of Milford, Ct, for the purchase of one (1) 1998 60-Foot Rear Mount Aerial Lift Boom Southold Town Meeting Agenda - October 3, 2006 Page 5 vehicle in the amount of $62,500.00, for use by the Southold Town Highway Department, all subject to the approval of the Town Attorney. Vote Record - Resolution RES-2006-770 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-771 Tabled 9/19/2006 4:30 PM CATEGORY: Authorize to Bid DEPARTMENT: Highway Department Authorize and Direct the Town Clerk to Advertise for Bids for a 2006 or Newer 62 Ft Rear Mount Aerial Lift Boom Vehicle RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise for bids for a 2006 or newer 62 ft Rear Mount Aerial Lift Boom Vehicle for use at the Highway Department. Vote Record - Resolution RES-2006-771 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-772 Tabled 9/19/2006 4:30 PM CATEGORY: Budget Modification DEPARTMENT: Town Clerk Modify the 2006 Highway Fund Part Town Budget RESOLVEDmodifies the 2006 that the Town Board of the Town of Southold hereby Highway Fund Part Town budget as follows: From: DB.5110.4.100.975 General Repairs Southold Town Meeting Agenda - October 3, 2006 Page 6 Contractual Expense Supplies & Materials Steel $ 3,000.00 DB.5110.4.100.900 General Repairs Contractual Expense Supplies & Materials Resurfacing Projects $38,016.00 To: DB.5110.4.100.995 General Repairs Contractual Expense Supplies & Materials Signs & Sign Posts $ 3,000.00 DB.5130.2.300.200 Machinery Equipment & Capital Outlay Motor Vehicles Heavy Duty Vehicles $38,016.00 Vote Record - Resolution RES-2006-772 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-776 CATEGORY: Budget Modification DEPARTMENT: Public Works Modify the 2006 General Fund Whole Town Budget - Police Dept Roof Repair RESOLVEDmodifies the 2006 that the Town Board of the Town of Southold hereby General Fund Whole Town budget as follows: From: A.1620.2.500.700 Yard Maintenance Equipment $2,220.12 A.1620.4.400.200 Property Maint/Repairs $3,000.00 To: A.1620.4.400.100 Building Maint/Repairs $5,220.12 Southold Town Meeting Agenda - October 3, 2006 Page 7 Vote Record - Resolution RES-2006-776 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-777 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification for Workers Compensation and Unemployment Insurance RESOLVEDmodifies the 2006 that the Town Board of the Town of Southold hereby budget as follows: General Fund Whole Town To: A9040.8.000.000 Workers Compensation $14,300 From: A9010.8.000.000 NYS Retirement $14,300 General Fund Part Town To: B9040.8.000.000 Workers Compensation $725 From: B9010.8.000.000 NYS Retirement $725 Highway Fund Part Town To: DB9040.8.000.000 Workers Compensation $9,520 From: DB9010.8.000.000 NYS Retirement $9,520 Solid Waste District To: SR9040.8.000.000 Workers Compensation $3,550 SR.9050.8.000.000 Unemployment Insurance 860 From: SR9010.8.000.000 NYS Retirement $4,410 Southold Town Meeting Agenda - October 3, 2006 Page 8 Vote Record - Resolution RES-2006-777 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-778 CATEGORY: Attend Seminar DEPARTMENT: Land Preservation Grant Permission to Melissa Spiro, Land Preservation Coordinator, to Attend American Farmland Trust’s National Conference “Farming on the Edge - the Next Generation” At the University of Delaware RESOLVEDgrants permission to that the Town Board of the Town of Southold hereby Melissa Spiro, Land Preservation Coordinator, to attend American Farmland Trust’s National Conference “Farming on the Edge – The Next Generation” at the University of Delaware from November 13 to November 15, 2006. All expenses for registration, travel and lodging to be a legal charge to the 2006 Land Preservation Department budget A.8710.4.600.200 (meetings & seminars). Vote Record - Resolution RES-2006-778 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-779 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Increase the Salary of Fishers Island Ferry Captain Michael Fiora by 5% for Having Completed 5 Years of Active Service RESOLVEDincreases the salary of that the Town Board of the Town of Southold hereby Fishers Island Ferry Captain Michael Fiora by 5% for having completed 5 years of active service. This increase shall be retroactive to June 21, 2006. Southold Town Meeting Agenda - October 3, 2006 Page 9 Vote Record - Resolution RES-2006-779 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-780 CATEGORY: Grants DEPARTMENT: Community Development Set October 17, 2006 At 5:00 P.M., Southold Town Hall, 53095 Main Road, Southold New York 11971, As the Time and Place for a Public Hearing to Hear Citizens Views on Local Housing and Community Development Needs RESOLVEDhereby sets October 17, 2006 at that the Town Board of the Town of Southold 5:00 p.m., Southold Town Hall, 53095 Main Road, Southold New York 11971, as the time and place for a Public Hearing to hear citizens views on local housing and community development needs to be met with approximately $136,000 in Community Development Block Grant funds the Town of Southold expects to receive in April 2007 and authorizes the Town Clerk Elizabeth Neville to publish an Announcement of Public Hearing Notice. Vote Record - Resolution RES-2006-780 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-781 CATEGORY: Bid Acceptance DEPARTMENT: Public Works Reject the Bid of Atlantic Coast Dock Building Corp for the Westphalia Ave. Culvert Replacement & Drainage Project RESOLVEDrejects the bid of Atlantic the Town Board of the Town of Southold hereby Coast Dock Building Corp for the Westphalia Ave. Culvert Replacement & Drainage Project. Southold Town Meeting Agenda - October 3, 2006 Page 10 Vote Record - Resolution RES-2006-781 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-782 CATEGORY: Budget Modification DEPARTMENT: Recreation Modify the General Fund Whole Town 2006 Budget - Recreation RESOLVEDmodifies the General Fund that the Town Board of the town of Southold hereby Whole Town 2006 budget as follows: FROM: A7180.1.300.100 (Beaches-Personal Services) $8,000.00 TO: A7020.4.100.150 (Youth Program Supplies) $1,000.00 A7020.4.400.650 (Vehicle Repairs) $ 200.00 A7020.4.500.420 (Youth Program Instructors) $6,500.00 A7020.4.600.300 (Travel Reimbursement) $ 300.00 Vote Record - Resolution RES-2006-782 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-783 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Recreation Authorize and Direct Supervisor Scott A. Russell to Execute an Agreement with Individuals for the Fall 2006 Recreation Program RESOLVEDauthorizes and directs Supervisor that the Town Board of the Town of Southold Scott A. Russell to execute an agreement with the following individuals for the fall 2006 recreation programs , all in accordance with the approval of the town attorney. Funding for the Southold Town Meeting Agenda - October 3, 2006 Page 11 instructors listed below has been budgeted for in the recreation department's 2006 instructor line A7020.4.500.420. James Crosser (Youth Basketball)……………………… $12.50/hour Rebecca Johnson (volleyball)…………………………… $25.00/hour Vote Record - Resolution RES-2006-783 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-784 CATEGORY: Committee Resignation DEPARTMENT: Town Clerk Accept the Resignation of Jennifer Mannino From the Position of a Member of the Conservation Advisory Board RESOLVEDaccepts the resignation of that the Town Board of the Town of Southold hereby Jennifer Mannino from the position of a member of the Conservation Advisory Board , effective October 3, 2006. Vote Record - Resolution RES-2006-784 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-785 CATEGORY: Legal DEPARTMENT: Town Attorney Correction Deed of Development Rights for Anne A. Hubbard RESOLVEDauthorizes the Town that the Town Board of the Town of Southold hereby Attorney to have recorded with the Suffolk County Clerk a Correction Deed of Development Rights between Anne A. Hubbard and the Town of Southold on property known as SCTM #1000-59-4-9.1 located on CR 48 and Hortons Lane in the hamlet of Southold Town Meeting Agenda - October 3, 2006 Page 12 Southoldauthorizes and , to reflect the correct legal description of the property and further directs Supervisor Scott A. Russell to execute this Correction Deed of Development Rights and any and all conveyance documents pertaining thereto , subject to the approval of the Town Attorney. Vote Record - Resolution RES-2006-785 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-786 CATEGORY: Legal DEPARTMENT: Town Attorney Correction Deed for Thomas J. Hubbard RESOLVEDamends resolution 2006- that the Town Board of the Town of Southold hereby 393, adopted at the April 25, 2006 regular Town Board meeting to read as follows : RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Attorney to have recorded with the Suffolk County Clerk a Correction Deed of Development Rights between Thomas J. Hubbard and the Town of Southold on property known as SCTM #1000-63-1-1.7, located on CR 48 and Hortons Lane in the hamlet of Southold , to reflect the existence of residential structures, reserving Grantor’s rights to use, alter, maintain, etc. the residential structures, and to correct an error in the legal description, and authorizes and directs Supervisor Scott A. Russell to execute this Correction Deed of further Development Rights and any and all conveyance documents pertaining thereto , subject to the approval of the Town Attorney. Vote Record - Resolution RES-2006-786 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell Southold Town Meeting Agenda - October 3, 2006 Page 13 2006-787 CATEGORY: Strawberry Fields DEPARTMENT: Town Clerk AMENDS Resolution No. 2006-648 to Grant Permission to the Goya of Transfiguration of Christ Greek Orthodox Church to Use Strawberry Fields on Friday, October 20, 2006 Through Sunday, October 22, 2006 RESOLVEDAMENDS Resolution No. that the Town Board of the Town of Southold hereby 2006-648 to read as follows: RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Goya of Transfiguration of Christ Greek Orthodox Church to use Strawberry Fields on Friday, Friday, October 20, 2006 through Sunday, September 1 thru Sunday, September 3, 2006 October 22, 20063:00 PM to 10:00 PM for its Church Festival beginning at 8:00 AM provided that approval is granted by the appropriate town agencies and they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold and the County of Suffolk 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 RES-2006-787 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-788 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to the Marian Council of the Knights of Columbus to Hold a Right to Life March In Cutchogue on Saturday, October 28, 2006. RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Marian Council of the Knights of Columbus to use the following roads for a Right To Life March in Cutchogue on Saturday, October 28, 2006 beginning at 10:30 AM: Main Road and Depot Lane, provided they file with the Town Clerk a One Million Dollar Certificate of Southold Town Meeting Agenda - October 3, 2006 Page 14 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 RES-2006-788 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-789 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Mattituck Lions Halloween Parade RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Mattituck Lions Club to use the following roads for their Annual Halloween Parade in Mattituck on Tuesday, October 31, 2006 beginning at 6:00 PM: Pike Street, Westphalia Road, Sound Avenue, and Love Lane 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 RES-2006-789 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-790 CATEGORY: Employment - Town DEPARTMENT: Police Dept Sponsor the Following Individuals As Seasonal Police Officers for the 2007 Season At the Suffolk County Police Academy RESOLVED that the Town Board of the Town of Southold hereby sponsors the following candidates in the Suffolk County Police Academy, Brentwood, New York, as Seasonal Police Officers for the 2007 season, commencing on Tuesday, October 3, 2006: Southold Town Meeting Agenda - October 3, 2006 Page 15 Rory Flatley Jason Luhrs Gregory Simmons Vote Record - Resolution RES-2006-790 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-791 CATEGORY: Employment - Town DEPARTMENT: Accounting Accept the Resignation of Shannon Van-Etten Yalcin From the Position of Assistant Cook In the Human Resource Center RESOLVEDaccepts the resignation of that the Town Board of the Town of Southold hereby Shannon Van-Etten Yalcin from the position of Assistant Cook in the Human Resource Center , effective 4/1/ 2005. Vote Record - Resolution RES-2006-791 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-792 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Southold PTA Halloween Parade RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Southold Town PTA to hold it Annual Halloween parade, to begin at the Southold Firehouse on the Main Road, proceed west to Oaklawn Avenue and end at the elementary school, on Saturday, October 28, 2006 beginning at 12:00 noon, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional Southold Town Meeting Agenda - October 3, 2006 Page 16 insured and notify Capt. Flatley within ten (10) days of the approval of this resolution to coordinate traffic control. Vote Record - Resolution RES-2006-792 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-793 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute an Agreement Between the Town of Southold and Wayne I. Galante, Certified Court Reporter, for Court Reporting Services for the Southold Town Board of Trustees RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an Agreement between the Town of Southold and Wayne I. Galante, Certified Court Reporter, for court reporting services for the Southold Town Board of Trustees , at a rate not to exceed $600 per month, commencing on October 1, 2006, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2006-793 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-794 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint Amanda Susan Fink to the Position of a Permanent Assistant Cook WHEREAS a temporary vacancy was created by an extended leave of absence granted to the Permanent Assistant Cook in 2005, and Southold Town Meeting Agenda - October 3, 2006 Page 17 WHEREAS Amanda Fink was appointed as a Temporary Assistant Cook effective November 14, 2005 to fill said vacancy and has essentially work full-time since then, and WHEREAS the Town Board of the Town of Southold has today accepted the resignation of the incumbent Permanent Assistant Cook effective April 1, 2005, and WHEREAS the Town Board of the Town of Southold wishes to grant permanent status to Amanda Fink retroactive to her Temporary appointment date of November 15, 2005, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby amends resolution no. 2005- 696 of 2005 to read: RESOLVED appoints Amanda Susan that the Town Board of the Town of Southold hereby Fink to the position of a Permanent Assistant Cook for the Southold Town Senior Nutrition Center, effective November 14, 2005, at a rate of $12.15 per hour for 40 hours per week, and be it further RESOLVEDamends the rate of pay for that the Town Board of the Town of Southold hereby Amanda Susan Fink, Assistant Cook for the Southold Town Senior Nutrition Center, from an hourly rate to an annual salary rate of $27,148.32 per annum effective October 4, 2006. Vote Record - Resolution RES-2006-794 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-795 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District SWMD Budget Mods Southold Town Meeting Agenda - October 3, 2006 Page 18 RESOLVEDmodifies the 2006 that the Town Board of the Town of Southold hereby Solid Waste Management District budget as follows: From: SR 8160.4.100.350 (Pest Control) $ 1,420 SR 8160.4.100.640 (Maint/Supply Trailer Fleet) $ 1,000 SR 8160.4.400.675 (Repairs 816B Compactor) $ 2,000 SR 8160.4.400.820 (Plastic Recycling) $ 805 SR 8160.4.400.850 (Refrigerant Removal) $ 3,000 To: SR 8160.2.100.300 (Chairs) $ 125 SR 8160.2.500.200 (Garage & Shop Equipment) $ 1,500 SR 8160.2.500.300 (Traffic Control Devices) $ 200 SR 8160.4.100.550 (Maint – Komatsu Payloader) $ 750 SR 8160.4.100.573 (Maint/Supply Trommel Screen) $ 750 SR 8160.4.100.590 (Maint – Mack Tractor) $ 200 SR 8160.4.100.600 (Misc. Equip. Maint/Supplies) $ 400 SR 8160.4.100.800 (Maint – Facilities/Grounds) $ 1,200 SR 8160.4.400.900 (Security/Alarm Systems) $ 3,100 Vote Record - Resolution RES-2006-795 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-796 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute an Agreement Entitled “Statement of Work” Between the Town of Southold and Verizon Network Integration RESOLVED authorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an agreement entitled “Statement of Work” between the Town of Southold and Verizon Network Integration regarding the wireless project for the Police Department, subject to the approval of the Town Attorney. Southold Town Meeting Agenda - October 3, 2006 Page 19 Vote Record - Resolution RES-2006-796 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-797 CATEGORY: Public Service DEPARTMENT: Town Clerk Fall Clean-Up 2006 RESOLVEDauthorizes that the Town Board of the Town of Southold hereby the acceptance of residential leaves and brush at the Southold Town Compost facility, free of charge, for four (4) weeks in connection with the Fall Cleanup for the year 2006 starting Saturday, November 18, through Sunday, December 17 ; and be it RESOLVED FURTHER that the Town Board hereby extends the waiver of such fees to commercial entities carrying leaves and brush from residential properties (within the Town only) during that period; and be it RESOLVEDFall Cleanup will FURTHER that the Highway Department commence on Monday, November 27, at Orient Point and end in Laurel. RESOLVED FURTHER that the Fishers Island Fall Cleanup will also commence on Monday, November 27. Vote Record - Resolution RES-2006-797 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-798 Southold Town Meeting Agenda - October 3, 2006 Page 20 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Approves the Memorandum of Agreement Between the Town of Southold and the CSEA Dated October 3, 2006 RESOLVEDapproves the that the Town Board of the Town of Southold hereby Memorandum of Agreement between the Town of Southold and the CSEA dated October 3, 2006 , relating to hours of work for Maintenance Mechanics assigned to the Department of Public Works. Vote Record - Resolution RES-2006-798 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-799 CATEGORY: Attend Seminar DEPARTMENT: Police Dept Emergency Medical Dispatch Training for Public Safety Dispatchers - Police Department RESOLVED grants permission to the that the Town Board of the Town of Southold hereby following Public Safety Dispatchers to attend Emergency Medical Dispatch course commencing of Monday, October 23, 2006 through Wednesday, October 25, 2006 at Suffolk County Fire Rescue & Emergency Services, Yaphank Avenue, Yaphank, NY: PSD Dania Atkinson PSD Charles Tyler PSD Colleen VanHoy PSD Christopher Macdowell PSD Donna Klug All expenses for registration and travel to be a legal charge to the 2006 Public Safety Communication budget line - A.3020.2.200.700. Southold Town Meeting Agenda - October 3, 2006 Page 21 Vote Record - Resolution RES-2006-799 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-800 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to the Mattituck High School to Use Mary’s Road, Pike Street, Westphalia Avenue, Sound Avenue, and Love Lane, Mattituck for Its 13Th Annual Homecoming Parade on Saturday, October 7, 2005 At 9:00 AM RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Mattituck High School to use Mary’s Road, Pike Street, Westphalia Avenue, Sound th Avenue, and Love Lane, Mattituck for its 13 Annual Homecoming Parade on Saturday, October 7, 2005 at 9:00 AM provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and notify Capt. Flatley immediately after the approval of this resolution to coordinate traffic control. Vote Record - Resolution RES-2006-800 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-801 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Clerk Set November 21, 2006 At 5:00 P.M., Southold Town Hall, Southold As the Time and Place for a Public Hearing on a Local Law In Relation to Size, Height & Setbacks for Accessory Buildings WHEREAS , there has been presented to the Town Board of the Town of Southold, Suffolk “A Local Law in County, New York, on the 3rd day of October 2006 a Local Law entitled relation to the Size, Height and Setbacks for Accessory Buildings” now, therefore, be it Southold Town Meeting Agenda - October 3, 2006 Page 22 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 st 21 day of November 2006 at 5:00 p.m. at which time all interested persons will be given an opportunity to be heard. “A Local Law in relation to the Size, Height and Setbacks The proposed local law entitled, for Accessory Buildings” reads as follows: LOCAL LAW NO. 2006 A Local Law entitled “A Local Law in relation to the Size, Height and Setbacks for Accessory Buildings” BE IT ENACTED by the Town Board of the Town of Southold, as follows: I. Purpose- The purpose of this Local Law is to establish clear standards governing the maximum building height, size and setbacks for accessory structures, in order to further preserve the character of single-family neighborhoods and reduce confusion among applicants and town officials. These changes will reduce the impact of accessory buildings on adjoining residences. These changes shall apply to the Low- Density Residential (R-40) zoning district, as well as the R-80, R-120, R-200, R-400 and Agricultural-Conservation (A-C) zoning districts. II . Chapter 280 of the Zoning Code of the Town of Southold is hereby amended as follows: § 280-4. Definitions. FLAT ROOF—Any roof that has a pitch of less than 4:12. HEIGHT OF BUILDING, ACCESSORY STRUCTURES -- The vertical distance measured from the average elevation of the existing natural grade adjacent to the building, before any alteration or fill, to the highest point of the roof for flat and mansard roofs and to the mean height between eaves and ridge for other type roofs. to the lowest point of the eaves for flat and low- pitched roofs, and to the highest point of the ridge for sloping and other type roofs. SLOPING ROOF—Any roof that has a pitch equal to or greater than 4:12. § 280-15. Accessory buildings. In the Agricultural-Conservation District and Low-Density Residential R-80, R-120, R-200 and R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear yard, subject to the following requirements: A. Such buildings shall not exceed eighteen (18) sixteen (16) feet in height for flat/shallow roof and shall be setback at the minimum required for a sloping roof. Southold Town Meeting Agenda - October 3, 2006 Page 23 B. Buildings with a sloping roof shall be subject to the following height and setback limitations: Lot size Maximum Height Minimum Setback (square feet) (feet) (feet) Less than 10,000 18 3 Less than 10,000 20 5 Less than 10,000 22 10 10,000- 19,999 18 5 10,000- 19,999 20 15 10,000- 19,999 22 20 20,000- 39,999 18 10 20,000- 39,999 20 15 20,000- 39,999 22 20 40,000 –59,999 22 15 60,000-79,999 22 20 80,000 and over 22 25 Setbacks. [Amended 7-17-1990 by L.L. No. 14-1990; 2-5-1991 by L.L. No. 2-1991] (1) On lots containing up to twenty thousand (20,000) square feet, such buildings shall be set back no less than three (3) feet from any lot line. (2) On lots containing more than twenty thousand (20,000) square feet up to thirty-nine thousand nine hundred ninety-nine (39,999) square feet, such buildings shall be set back no less than five (5) feet from any lot line. (3) On lots containing in excess of thirty-nine thousand nine hundred ninety-nine (39,999) square feet up to seventy-nine thousand nine hundred ninety-nine (79,999) square feet, such buildings shall be set back no less than ten (10) feet from any lot line. (4) On lots containing in excess of seventy-nine thousand nine hundred ninety-nine (79,999) square feet, such buildings shall be set back no less than twenty (20) feet from any lot line. C. Such buildings shall not exceed 660 square feet on lots containing up to 20,000 square feet, and shall not exceed 750 square feet on lots 20,000 square feet to 60,000 square feet. On lots over 60,000 square feet, no accessory building shall exceed five percent (5%) of the total lot size. . III. Severability. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not effect 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 Southold Town Meeting Agenda - October 3, 2006 Page 24 This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Strike-through represents deletion. Underline represents insertion. Vote Record - Resolution RES-2006-801 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-802 CATEGORY: Authorize to Bid DEPARTMENT: Town Clerk Advertise for Bids for the Repair & Reconstruction of the Municipal Parking Lot on Property Known As SCTM # 1000-61-4 and 1000-61-4-5 Located on State Route 25 In the Hamlet of Southold RESOLVED that the Town Board of the Town of Southold herebyauthorizes the Town Clerk to advertise for Bids for the Repair & Reconstruction of the Municipal Parking lot on property known as SCTM # 1000-61-4 and 1000-61-4-5 located on State Route 25 in the Hamlet of Southold all in accordance with the plans and specifications prepared by the Southold Town Engineering Department and subject to the approval of the Town Attorney's Office. Vote Record - Resolution RES-2006-802 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-803 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Clerk Retain the Peconic Land Trust to Assist the Town In Assessment of a Mixed Use Center In East Marion RESOLVEDretains the Peconic Land that the Town Board of the Town of Southold hereby Trust to assist the Town in assessment of a mixed use center in East Marion , pursuant to Southold Town Meeting Agenda - October 3, 2006 Page 25 their proposal dated September 28, 2006 at a cost not to exceed $7,000.00, subject to the approval of the Town Attorney. This expenditure shall be a charge to the Planning Board's consulting budget. Vote Record - Resolution RES-2006-803 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-804 CATEGORY: Employment - Town DEPARTMENT: Town Clerk Increase the Stipend of the LWRP Coordinator, Mark Terry, to $7,000.00 Per Annum RESOLVEDincreases the stipend of the that the Town Board of the Town of Southold hereby LWRP Coordinator, Mark Terry, to $7,000.00 per annum, effective October 1, 2006. Vote Record - Resolution RES-2006-804 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-805 CATEGORY: Seqra DEPARTMENT: Town Attorney Finds that the Excavation and Construction of an Irrigation Pond by the North Fork Country Club, and the Issuance of a Soil Removal Permit Pursuant Thereto, is an Unlisted Action Under SEQRA RESOLVEDfinds that the Excavation that the Town Board of the Town of Southold hereby and Construction of an Irrigation Pond by the North Fork Country Club, and the issuance of a soil removal permit pursuant thereto, is an unlisted action under SEQRA and will not have any significant adverse environmental impacts, as reflected on the completed Short Form Environmental Assessment Form. Southold Town Meeting Agenda - October 3, 2006 Page 26 Vote Record - Resolution RES-2006-805 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-806 CATEGORY: L W R P DEPARTMENT: Town Attorney Grant the North Fork Country Club a Soil Removal Permit Pursuant to Chapter 228, to the Extent Applied For, As Modified Pursuant to the Comment of the Town Engineering Inspector WHEREAS , the North Fork Country Club has submitted an application for a permit for the excavation and removal of soil, for the purposes of creating an irrigation pond to act as a new water source for its golf course irrigation system; and WHEREAS , the Town’s LWRP Consistency Coordinator on September 26, 2006, recommended that the proposed action be found CONSISTENT with the Town’s LWRP Policy Standards; and WHEREAS , the Town Engineering Inspector on August 30, 2006, issued a recommendation that the application meets the “Permit Standards” requirements of Chapter 228 of the Town Code; and WHEREAS , the Town Board has held a duly noticed public hearing on this application; and it is hereby RESOLVEDhereby grants the North Fork that the Town Board of the Town of Southold Country Club a soil removal permit pursuant to Chapter 228, to the extent applied for, as modified pursuant to the comment of the Town Engineering Inspector ; and Southold Town Meeting Agenda - October 3, 2006 Page 27 BE IT FURTHER RESOLVED that the Town Board of the Town of Southold finds that the application, as modified pursuant to the comment of the Town Engineering Inspector, meets the permit requirements of Section 228-5 of the Town Code; and BE IT FURTHER RESOLVED that the Town Board finds the issuance of such permit to be CONSISTANT with the Town’s LWRP policy standards BE IT FURTHER RESOLVED that the Town Board finds no performance bond is necessary due to the location of the project wholly within the applicant’s property; and BE IT FURTHER RESOLVED that the issuance of the permit shall be conditioned upon the payment of fees pursuant to Chapter 228 and the adherence to the regulations set forth in Section 228-7, and such permit shall be issued for a period of one year. Vote Record - Resolution RES-2006-806 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell VII. PUBLIC HEARINGS 1. Motion To: Motion to recess to Public Hearing COMMENTS - Current Meeting: RESOLVEDbe and hereby is declared that this meeting of the Southold Town Board Recessed in order to hold a public hearing. rd 2. Set 3 Day of October, 2006 At 8:00 P.M. At the Southold Town Hall, Main Road, Southold As the Time and Place for a Public Hearing Regarding the Excavation Permit of North Fork Country Club 3. Motion To: Adjourn Town Board Meeting COMMENTS - Current Meeting: RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at __________ P.M.