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HomeMy WebLinkAboutAG-10/17/2006 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 17, 2006 4:30 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. Judge Evans Monthly Report September 2006 2. Judge Bruer Monthly Report September 2006 3. Town Clerk Monthly Report September 2006 4. Program for the Disabled September 2006 Events Southold Town Meeting Agenda - October 17, 2006 Page 2 5. Trustees Monthly Report September 2006 II. PUBLIC NOTICES III. COMMUNICATIONS IV. DISCUSSION 1. 9:00 A.M. - Landmarks Preservation Update Jim Grathwohl 2. 9:30 A.M. - Review of Open Space Stewardship Melissa Spiro / Jim McMahon 3. 10:00 A.M. - Drainage Code Jamie Richter 4. 10:30 A.M. - Building Depart. Permit Procedure Policy & Staffing Needs Mike Verity 5. 11:00 A.M. - Process for Hiring Planning Director John Cushman 6. 11:30 A.M. - Executive Session - Litigation (Clark) John McKay, Esq. 7. Town Hall Needs Current & Future 8. Proposed Legislation Ban sleeping & camping on Town parks & beaches 9. Hamlet - HALO Implementation/Stakeholders 10. 1:00 P.M. - Animal Shelter Schematic of downsized original plan - Design Learned 11. Report of TDR Work Group 12. Status Update - Water Mains Map - Traffic Study Southold Town Meeting Agenda - October 17, 2006 Page 3 - Family Recreational Use (Cox Lane) 13. Executive Session - Acquisition of Property Melissa Spiro John Sep 14. Executive Session - Police Captain Contract V. RESOLUTIONS 2006-807 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit October 17, 2006 RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby October 17, 2006. Vote Record - Resolution RES-2006-807 ? 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 2006-808 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Next Meeting 11/9/06 At 7:00 P.M. RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, November 9, 2006 at the Southold Town Hall, Southold, New York at 7:00 P. M.. Vote Record - Resolution RES-2006-808 ? 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 2006-809 Southold Town Meeting Agenda - October 17, 2006 Page 4 Tabled 10/3/2006 7:30 PM 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 insured and notify Capt. Flatley within ten (10) days of the approval of this resolution to coordinate traffic control. Vote Record - Resolution RES-2006-809 ? 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 2006-810 CATEGORY: Budget Modification DEPARTMENT: Police Dept Modify the 2006 General Fund Whole Town Budget - Police Department RESOLVEDmodifies the 2006 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: From: A.3020.2.200.700 Communication Equipment $1115.00 To: A.3020.4.600.400 Training $1115.00 Southold Town Meeting Agenda - October 17, 2006 Page 5 Vote Record - Resolution RES-2006-810 ? 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 2006-811 CATEGORY: Budget Modification DEPARTMENT: Data Processing Modify the 2006 General Fund, Whole Town Budget to Transfer Funds From the Justice Court Application Maintenance Account to the Computer Software Account for the Purchase of a New Parking Ticket Module. RESOLVEDmodifies the 2006 that the Town Board of the Town of Southold hereby General Fund, Whole Town budget as follows: From: A.1680.4.400.557 Court System Maintenance $ 2700.00 To: A.1680.2.400.520 Personal Computer Software $ 2700.00 Vote Record - Resolution RES-2006-811 ? 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 2006-812 CATEGORY: Surplus Equipment DEPARTMENT: Police Dept Declare the Following Vehicle to be Surplus Equipment At the Police Department RESOLVEDdeclares the following that the Town Board of the Town of Southold hereby equipment to be surplus equipment: 2000 Ford Crown Victoria - VIN 2FAFP71W8YX176394 - 135,000 miles 2001 Ford Crown Victoria - VIN 2FAFP71W01X187119 - 133,000 miles Southold Town Meeting Agenda - October 17, 2006 Page 6 Contact person is Lt. H. William Sawicki - (631) 765-2600. Vehicles are in "as is" condition. The 2000 Ford Crown Victoria may be viewed at Lou's Garage, Pacific Street, Mattituck (across from the Southold Nutrition Center). The 2001 Ford Crown Victoria may be viewed at Police Headquarters by making arrangements with Lt. Sawicki. RESOLVED Be it further that the Town Board authorizes and directs the Town Clerk to advertise for the sale of same. Vote Record - Resolution RES-2006-812 ? 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 2006-813 CATEGORY: Budget Modification DEPARTMENT: Human Resource Center Modify the 2006 General Fund Whole Budget - HRC RESOLVEDmodifies the 2006 that the Town Board of the Town of Southold hereby General Fund Whole budget as follows: From: Appropriations: A.6772.4.400.650 Programs for the Aging Contractual Expenses Vehicle Maint. And Repairs $700.00 To: Appropriations: A.6772.4.400.100 Programs for the Aging Contractual Expenses Building Maint. And Repairs $700.00 Southold Town Meeting Agenda - October 17, 2006 Page 7 Vote Record - Resolution RES-2006-813 ? 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 2006-814 CATEGORY: Letter of Credit DEPARTMENT: Town Clerk Accept the Site Improvement Performance Bond No. 18655 Issued by the The Service Insurance Company, Inc. In the Amount of $75,546.00 for the Proposed Clustered Conservation Subdivision Entitled Flower Hill Subdivision A/K/A “Beach Plum Division” RESOLVEDaccepts the Site that the Town Board of the Town of Southold hereby Improvement Performance Bond No. 18655 issued by the The Service Insurance Company, Inc. in the amount of $75,546.00 for the proposed Clustered Conservation Subdivision entitled Flower Hill Subdivision a/k/a “Beach Plum Division” , SCTM #1000-69-3-10.1, located on the north side of Ackerly Pond Road and the west side of NYS Route 25 in Southold, as recommended by the Southold Town Planning Board, all in accordance with the approval of the Town Attorney. Vote Record - Resolution RES-2006-814 ? 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 2006-815 CATEGORY: Employment - Town DEPARTMENT: Police Dept Authorize and Direct the Town Clerk to Advertise for School Crossing Guards for the Police Department RESOLVED authorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise for School Crossing Guards for the PoliceDepartment at the Cutchogue East School, Main Road, Cutchogue , at a rate of $41.89 per day. Southold Town Meeting Agenda - October 17, 2006 Page 8 Vote Record - Resolution RES-2006-815 ? 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 2006-816 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grants Permission to the Greenport Teachers Association to Hold a Dr. Claire 5K Run on November 4, 2006 At 9:00 Am RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Greenport Teachers Association to hold a Dr. Claire 5K run on November 4, 2006 at 9:00 am using the following town roads, providing they file a certificate of insurance with the Town Clerk’s office naming the town as an additional insured and they contact Capt. Flatley for traffic control: Main Road (Front Street) Moore’s Lane Vote Record - Resolution RES-2006-816 ? 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 2006-817 CATEGORY: Employment - Town DEPARTMENT: Town Clerk Accept the Resignation of Leslie Tombari From the Position of Senior Citizen Coordinator on Fishers Island In the Human Resource Department RESOLVEDaccepts the resignation of that the Town Board of the Town of Southold hereby Leslie Tombari from the position of Senior Citizen Coordinator on Fishers Island in the Human Resource Department , effective October 17, 2006. Southold Town Meeting Agenda - October 17, 2006 Page 9 Vote Record - Resolution RES-2006-817 ? 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 2006-818 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Recreation Authorize and Direct Supervisor Scott A. Russell to Execute an Agreement with the Following Individual for the Fall 2006 Recreation Programs RESOLVEDauthorizes and directs Supervisor that the Town Board of the Town of Southold Scott A. Russell to execute an agreement with the following individual for the fall 2006 recreation programs , all in accordance with the approval of the town attorney. Funding for the instructors listed below has been budgeted for in the recreation department's 2006 instructor line A7020.4.500.420. Bill Gatz (Youth Basketball Program)................................................ $25/hour Vote Record - Resolution RES-2006-818 ? 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 2006-819 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Clerk Authorize and Direct Supervisor Scott A. Russell to Commit to Suffolk County $14,960 In 2007 As the Town’s Contribution (5.89%) Toward Digital Aerial Photos RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to commit to Suffolk County $14,960 in 2007 as the Town’s contribution (5.89%) toward digital aerial photos to be taken in the spring of 2007 , all in accordance with the approval of the Town Attorney. Southold Town Meeting Agenda - October 17, 2006 Page 10 Vote Record - Resolution RES-2006-819 ? 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 2006-820 CATEGORY: Attend Seminar DEPARTMENT: Town Attorney Grants Permission to Assistant Town Attorneys, Lori Hulse Montefusco and Kieran M. Corcoran, to Attend the 18Th Annual Supreme Court Review Seminar At Touro College Law Center In Huntington, New York RESOLVEDgrants permission to that the Town Board of the Town of Southold hereby Assistant Town Attorneys, Lori Hulse Montefusco and Kieran M. Corcoran, to attend the th 18 Annual Supreme Court Review Seminar at Touro College Law Center in Huntington, New York , on October 20, 2006. All expenses for registration and travel are to be a charge to the 2006 Town Attorney budget. Vote Record - Resolution RES-2006-820 ? 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 2006-821 CATEGORY: Refund DEPARTMENT: Town Attorney Authorize and Direct the Town of Southold to Reimburse the Peconic Land Trust for Recording Fees In the Sum of $426.20 RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town of Southold to reimburse the Peconic Land Trust for recording fees in the sum of $426.20 payable to the Suffolk County Clerk in connection with the recording of the Correction Deeds for Thomas J. Hubbard and Anne A. Hubbard . A receipt from the Southold Town Meeting Agenda - October 17, 2006 Page 11 Suffolk County Clerk for these fees will be provided to the Southold Town Accounting Department for their records. Vote Record - Resolution RES-2006-821 ? 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 2006-822 CATEGORY: Budget Modification DEPARTMENT: Police Dept Modify the 2006 General Fund Whole Town Budget - Police Department RESOLVEDmodifies the 2006 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: From: A.3120.4.600.400 Inoculations $3,300.00 To: A.3120.4.100.500 Motor Vehicle Tires $3,300.00 Vote Record - Resolution RES-2006-822 ? 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 2006-823 CATEGORY: Budget Modification DEPARTMENT: Public Works Modify the 2006 Community Preservation Fund Budget RESOLVEDmodifies the 2006 that the Town Board of the Town of Southold hereby Community Preservation Fund Budget as follows: Southold Town Meeting Agenda - October 17, 2006 Page 12 From: H3.1620.1.300.100 Seasonal Employees Regular Earnings $6,000 To: H3.1620.1.100.100 Full-Time Employees Regular Earrings $6,000 Vote Record - Resolution RES-2006-823 ? 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 2006-824 CATEGORY: Budget DEPARTMENT: Accounting Close Capital Fund for Downs Farm Preserve WHEREAS the Town Board of the Town of Southold adopted a bond resolution on October 29, 1999 thereby establishing a Capital Fund for Improvements to Downs Farm Preserve, and WHEREAS General Fund Whole Town funds were transferred to the Capital Fund to partially finance Improvements to Downs Farm Preserve, and WHEREAS the Bond Anticipation Notes issued for the Improvements to Downs Farm Preserve have been fully paid by the Town through the General Fund Whole Town, and WHEREAS the Improvements to Downs Farm Preserve as described in the bond resolution of October 29, 1999 have been completed, now therefore be it RESOLVEDdeclares the Improvements that the Town Board of the Town of Southold hereby to Downs Farm Preserve project complete , and be it further Southold Town Meeting Agenda - October 17, 2006 Page 13 RESOLVEDcloses the Capital Fund that the Town Board of the Town of Southold hereby established for the Improvements to Downs Farm Preserve and directs that all remaining funds in said Capital Fund be transferred to the General Fund Whole Town . Vote Record - Resolution RES-2006-824 ? 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 2006-825 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to the Cutchogue Fire Department to Hold Its Annual Halloween Parade In Cutchogue on October 31, 2006 RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Cutchogue Fire Department to hold its annual Halloween Parade in Cutchogue on October 31, 2006 beginning at 6:00 PM provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and notify Capt. Flatley within ten (10) days of the approval of this resolution to coordinate traffic control. Vote Record - Resolution RES-2006-825 ? 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 2006-826 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to the Oysterponds UFSD to Use the Following Roads for Its Annual Halloween Parade In Orient on October 31, 2006 RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Oysterponds UFSD to use the following roads for its annual Halloween Parade in Orient on Southold Town Meeting Agenda - October 17, 2006 Page 14 October 31, 2006 beginning at 1:45 PM: Village Lane Orchard Street Tabor Road 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-2006-826 ? 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 2006-827 CATEGORY: Grants DEPARTMENT: Community Development Authorize and Direct Supervisor Scott A. Russell to Sign an Application for Funding for the 2007 Juvenile Aid Bureau Program RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to sign an application for funding for the 2007 Juvenile Aid Bureau Program in the amount of $27,395. Vote Record - Resolution RES-2006-827 ? 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 2006-828 CATEGORY: Proclamation DEPARTMENT: Town Clerk Archives Week Proclamation Southold Town Meeting Agenda - October 17, 2006 Page 15 WHEREAS, archives help us anchor our rapidly changing society in the stream of time, document our stewardship of the present, and remind us of our accountability to future generations, and WHEREAS, archives are central to research and education, both now and in the future, and WHEREAS, the archives of our governments protect the rights of citizens, support the effective operation of government, and document the evolution of our democracy, and WHEREAS, archives are essential to understanding the diversity of our society and the development of our private and non-profit organizations, and WHEREAS, the sound selection, preservation, accessibility, and broad use of archival records are vital to the present and future citizens of the Town of Southold, and WHEREAS, greater public awarenesss of archival conditions and increased support for archival programs in the Town of Southold is urgently needed, now, therefore be it RESOLVED that the Town Board of the Town of Southold does hereby proclaim the month of October 2006 ARCHIVES MONTH IN THE TOWN OF SOUTHOLD Vote Record - Resolution RES-2006-828 ? 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 2006-829 CATEGORY: Bid Acceptance DEPARTMENT: Town Clerk Accept the Bid of Aerial Lift, Inc. for the Purchase of One (1) 62-Ft Rear Mount Aerial Lift Bucket on a 2007 Ford F750XL Chassis RESOLVEDaccepts the bid of Aerial that the Town Board of the Town of Southold hereby Lift, Inc. for the purchase of one (1) 62-ft Rear Mount Aerial Lift Bucket on a 2007 Ford F750XL chassis, in the amount of $108,601.00, for use at the Highway Department, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2006-829 ? 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 17, 2006 Page 16 2006-830 CATEGORY: Retirement/Resignation DEPARTMENT: Town Clerk Accept the Resignation of John Holzapfel From the Position of Southold Town Trustee RESOLVEDaccepts the resignation of that the Town Board of the Town of Southold hereby John Holzapfel, Southold Town Trustee , effective October 6, 2006. Vote Record - Resolution RES-2006-830 ? 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 2006-831 CATEGORY: Refund DEPARTMENT: Solid Waste Management District Refund Tipping Fee RESOLVEDauthorizes a refund to Joe that the Town Board of the Town of Southold hereby Dunne from the Solid Waste Management District in the amount of $108.60 to correct a tip fee charged for debris disposal at the Cutchogue Transfer Station. Vote Record - Resolution RES-2006-831 ? 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 2006-832 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney Set November 21, 2006, 5:05 Pm, At Southold Town Hall, As the Time and Place for a Public Hearing on a Local Law Entitled,” a Local Law In Relation to Amendments to Penalties In the Southold Town Code”. Southold Town Meeting Agenda - October 17, 2006 Page 17 WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk A Local Law in County, New York, on the 17th day of October 2006, a Local Law entitled,” relation to Amendments to Penalties in the Southold Town Code” 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 21stday of November, 2006 at 5:05p.m., at which time all interested persons will be given an opportunity to be heard. “A Local Law in relation to Amendments to Penalties in The proposed Local Law entitled, the Southold Town Code” reads as follows: LOCAL LAW NO._____2006 “A Local Law in relation to Amendments to Penalties in the Southold A Local Law entitled, Town Code”. BE IT ENACTED by the Town Board of the Town of Southold as follows: I. PURPOSE The Town Board has reviewed the penalties associated with violations of the Southold Town Code and determined that insofar as the amounts of the fines have not been updated in at least ten years, they do not reflect a fair and appropriate assessment against those convicted of offenses and crimes under the Town Code. Therefore, the Town Board believes it necessary to increase the amounts of the fines to discourage potential violators from un-permitted and/or illegal activity and as a punitive response where warranted. II. CHAPTERS 144, 135, 233, 264, 228 and 100 are hereby amended as follows: Fire Prevention and Building Construction §144-20 Compliance required; penalties for offenses. Southold Town Meeting Agenda - October 17, 2006 Page 18 A. It shall be unlawful for any person, firm or corporation to construct, alter, repair, move, remove, demolish, equip, use or occupy or maintain any building or structure or portion thereof in violation of any provisions of this chapter, or to fail in any manner to comply with a notice, directive, or order of the Building Inspector, or to construct, alter or use and occupy any building or structure or part thereof in a manner not permitted by an approved building permit or certificate of occupancy. Energy Code, B. For each offense against any provisions of the Uniform Code, or of this chapter, or any regulations made pursuant thereto, or failure to comply with a written notice or order of any Building Inspector within the time fixed for compliance therewith, the owner, occupant, builder, architect, contractor or their agents or any other person who commits, takes part or assists in the commission of any such offense or who shall fail to comply with a written order or notice of any Building Inspector shall, upon a first conviction thereof, be guilty of a to exceed five thousand violation punishable by a fine not exceeding five hundred dollars ($5,000.) ($500.) or imprisonment for a period not to exceed fifteen (15) days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense. For a second thirty-six (36) and subsequent conviction within eighteen (18) months thereafter, such person to shall be guilty of a violation punishable by a fine not exceeding one thousand five hundred exceed ten thousand ($10,000) dollars ($1500.)or imprisonment for a period not to exceed fifteen (15) days, or both such fine and imprisonment. Farm Stands §135-6. Penalties for offenses. Any violation of this chapter shall be grounds for revocation of the farm stand permit. an Furthermore, any violator of this chapter shall, upon conviction, be guilty of a violation offense to exceed one thousand dollars ($1,000.) punishable by a fine not exceeding $500. or fifteen imprisonment for a period not to exceed15 days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense. For a second and subsequent eighteenan conviction within 18 months thereafter, such person shall be guilty of a violation offensenot to exceedfive thousand dollars($5,000.) punishable by a fine not exceeding $1,500 fifteen or imprisonment for a period not to exceed 15 days or both such fine and imprisonment. Southold Town Meeting Agenda - October 17, 2006 Page 19 Solid Waste §233-6. Penalties for offenses. A. Illegal dumping. Any person committing an offense of illegal dumping under this chapter shall, upon conviction thereof, be guilty of a violation punishable as follows: (1) For a first offense: $5,000.; (a) A fine not less than $1,000. and not more than $1,500. to exceed 15 (b) Imprisonment for a term not exceeding 10 days.; or forty (c) Community service of (40) hours, to be performed within 30 days of the date the Town of Southold. of sentencing (2) For a second offense: $5,000. $10,000.; (a) A fine of not less than $2,500.and not more than $5,000. to exceed thirty (b) Imprisonment for a term not exceeding 30 days; or one hundred twenty (c) Community service of (120) hours, to be performed within the Town of Southold. 90 days of the date of sentencing Vehicles, Motor-Driven §264-20 Penalties for offenses; restitution. A. Any person, firm or corporation violating or permitting the violation of any provision of this chapter shall be guilty of a violation and shall be subject to a fine of not less $500. not to exceed fifteen than $50. nor more than $250.or to imprisonment of not more than (15) days, or both such fine and imprisonment. Each day’s continued violation shall constitute a separate offense. In the case of a second or subsequent violation, the court may order Any second confiscation of said vehicle or conveyance in lieu of any fine and/or imprisonment. or subsequent conviction of such person, firm or corporation shall be subject to a fine not less than two hundred fifty ($250.) dollars nor more than seven hundred fifty($750.) dollars and the vehicle or conveyance shall be subject to confiscation pursuant to §264-19. Any and stored by the Town in vehicle or conveyance which is confiscated pursuant to this section excess of thirty (30) days may, upon conviction under this chapter, will be sold at public auction according to the appropriate procedures and laws affecting public auctions by municipalities. Soil Removal Southold Town Meeting Agenda - October 17, 2006 Page 20 §228-13 Penalties for offenses. Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be guilty of a violation punishable by a fine not exceeding two hundred to exceed two thousand five hundred ($2,500.) fifty dollars (250.) or by imprisonment for a to exceed term not exceeding fifteen (15) days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day additional the offense is committed, a separate and distinct offense hereunder. Buildings, Unsafe §100-10 Penalties for offenses. A. Any person who neglects, refuses or fails to comply with any order or notice a violation issued hereunder shall be guilty of an offense punishable by a fine not to exceed two five thousand ($5,000.) hundred fifty dollars ($250) or by imprisonment for a term not to exceed fifteen (15) days, or both such fine and imprisonment. Each week’s continued violation shall and constitute a separate additional offense or violation. B. Nothing in this chapter shall be construed as depriving the town of any other available remedy relevant to a violation of this chapter. B. In addition to the criminal violation, the Town Attorney is authorized to pursue any and all actions in law or equity, including but not limited to actions for compensatory damages, civil penalties, or injunctive relief. C. Strict Liability. Personal knowledge of the existence of a violation under this chapter is not required, no mens rea (intent) is required, and any violation charged herein shall be one of strict liability. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Southold Town Meeting Agenda - October 17, 2006 Page 21 IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Vote Record - Resolution RES-2006-832 ? 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 2006-833 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney Set November 21, 2006, 5:10 Pm, Southold Town Hall As the Time and Place for a Public Hearing on a Local Law Entitled, ”A Local Law In Relation to Compliance with Site Plan and Conditions Imposed by the Planning Board And/Or Zoning Board of Appeals In Section 280 of the Southold Town Code" WHEREAS , there has been presented to the Town Board of the Town of Southold, Suffolk ”A Local Law in County, New York, on the 17th day of October 2006, a Local Law entitled, relation to compliance with site plan and conditions imposed by the Planning Board and/or Zoning Board of Appeals in Section 280 of the Southold Town Code” 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 21st day of November, 2006 at 5:10 p.m. , at which time all interested persons will be given an opportunity to be heard. “A Local Law in relation to compliance with site plan and The proposed Local Law entitled, conditions imposed by the Planning Board and/or Zoning Board of Appeals in Section 280 of the Southold Town Code” reads as follows: LOCAL LAW NO._____2006 Southold Town Meeting Agenda - October 17, 2006 Page 22 A Local Law in relation to compliance with site plan and conditions A Local Law entitled, “ imposed by the Planning Board and/or Zoning Board of Appeals in Section 280 of the Southold Town Code ”. BE IT ENACTED by the Town Board of the Town of Southold as follows: V. PURPOSE The Town Board recognizes the need for additional inspections to ensure compliance with an approved site plan and to ensure conditions imposed by the Planning Board or Zoning Board of Appeals are met prior to use and/or occupancy of a site. VI. Chapter 280 is hereby amended as follows: §280-130. Approval of site plan required. A. After the filing of an application for a building permit, the Building Inspector shall make a determination as to whether a site plan or an amendment thereto is required, and this written determination shall be forwarded to the Planning Department for comment. The Planning Department must provide written comments on this determination to the Building Inspector within five business days, or be deemed to have waived the opportunity to comment. After review of comments, or after the time period for comment has elapsed, the Building Inspector shall issue a final determination to the applicant, which shall in no event be more than 15 business days from the filing of the application. Such determination shall also include a written decision as to whether the proposed use is permitted and whether a special exception is required from the Zoning Board of Appeals. No building permit shall be issued for any structure or building for which use a site plan is required pursuant to this chapter, until, if required, an approved site development plan or approved amendment of any such plan has been secured by the applicant from the Planning Board and presented to the Building Inspector, along with all necessary approvals and permits as may be required by other public agencies. [Amended 5-15- 1995 by L.L. No. 8-1995; 3-9-2004 by L.L. No. 8-2004; 12-14-2004 by L.L. No. 25-2004] B. No re-grading, clearing, tree removal or any other work in preparation of future use of a site, except limited clearing needed to undertake survey work or soils investigations, Southold Town Meeting Agenda - October 17, 2006 Page 23 may take place or be permitted to take place until the site plan has been approved by the Planning Board. C. No certificate of occupancy shall be issued for any building, structure, premises, lot or use of land covered by this article unless the structure has been completed (whether the structure is being constructed, renovated, reconstructed, altered, moved or put into use), and the site is developed in accordance with an approved site development plan or approved amendment An on-site inspection by Planning Department staff must be made to of any such plan. determine compliance with the site plan, with the written consent of the owner or agent, before the Planning Board authorizes a final approval. The Planning Board shall, upon approval following inspection, issue a letter of compliance to the owner or agent of record, the Building Department, and the Town Engineer. D. Upon request of the owner or his authorized agent for a certificate of occupancy, the Building Inspector shall issue the certificate, provided that said Building Inspector, along with the Planning Board, shall find that such building or structure and site is in conformity with the approved site plan. E. After a certificate of occupancy is issued, there shall be no exterior alterations of a building that expand the footprint or any revisions of the site or changes of use without first obtaining Planning Board approval. F. Failure to obtain site plan approval shall be a violation of this article and shall be subject to such penalties as are set forth in § 280-155 of this chapter. [Amended 6-7-2005 by L.L. No. 8-2005] G. Failure to comply with a term or condition of an approved site plan shall be a violation of this article and shall be subject to such penalties as are set forth in § 280-155 of this chapter. [Added 6-7-2005 by L.L. No. 8-2005] H. Upon recommendation of the Planning Board and approval of the Town Attorney, the Building Inspector may revoke an existing certificate of occupancy upon a showing that the subject premises is being occupied or used in violation of an approved site plan and may direct that such occupancy or use be discontinued. The Town Attorney is authorized to commence proceedings in a court of appropriate jurisdiction to restrain said use or occupancy. [Amended 6- 7-2005 by L.L. No. 8-2005] Southold Town Meeting Agenda - October 17, 2006 Page 24 §280-132. Duration of plan. A. An approved site development plan shall be valid for a period of three years from the date of approval. All work proposed on the plan shall be completed within three years from the date of approval unless a longer period was approved or the applicant obtains an extension , subject to the following limitations: from the Planning Board (1) Use or occupancy on the site shall not be permitted until such time as all work is completed in accord with the approved site plan and a certificate of occupancy is issued. (2) Use or occupancy on the site without all work completed in satisfaction of the approved site plan or, in the alternative, without express written permission of the Planning Board, prior to such use or occupancy shall be a violation of this article and shall be subject to such penalties as are set forth in §280-155 of this chapter . B. All site plans which have received final approval prior to the enactment of this article shall remain valid for a period of three years from the date of such enactment. This period will begin when all governmental approvals have been obtained. §280-147. Additional conditions and safeguards. In deciding any matter before it, the Board of Appeals may impose such conditions and safeguards as it deems necessary or appropriate to preserve and protect the spirit and the Any condition or term imposed by the Board of Appeals that is objectives of this chapter. not complied with shall be a violation of this chapter and shall be subject to such penalties as are set forth in §280-155 of this chapter. §280-155. Penalties for offenses. For each offense against any of the provisions of this chapter or any regulations made pursuant thereto or for failure to comply with a written notice or order of any Building Inspector within the time fixed for compliance therewith, the owner, occupant, builder, architect, contractor or their agents or any other person who commits, takes part or assists in the commission of any such offense or who shall fail to comply with a written order or notice of any Southold Town Meeting Agenda - October 17, 2006 Page 25 an offense Building Inspector shall, upon a first conviction thereof, be guilty of a violation, to exceed five thousand dollars ($5,000.) punishable by a fine of not exceeding $500 or by imprisonment for a period not to exceed 15 days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense. For a second and subsequent conviction thirty-six (36) within 18 months thereafter, such person shall be guilty of a violation punishable to exceed ten thousand dollars ($10,000) by a fine not exceeding $1,500 or by imprisonment for a period not to exceed 15 days, or by both such fine and imprisonment. VII. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. VIII. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Vote Record - Resolution RES-2006-833 ? 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 2006-834 CATEGORY: Budget Modification DEPARTMENT: Assessors Modify the Whole Town General Fund 2006 Budget - Assessors RESOLVEDmodifies the General Fund that the Town Board of the Town of Southold hereby Whole Town 2006 budget as follows: To: A1355.1.200.100 Board of Assessors Part Time Employees Southold Town Meeting Agenda - October 17, 2006 Page 26 Regular Earnings $900.00 From: A1355.4.500.400 Board of Assessors Fee for Service BOAR Stenographer $900.00 Vote Record - Resolution RES-2006-834 ? 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 2006-835 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorize and Direct Supervisor Scott Russell to Execute an Employment Contract Between Captain Martin Flatley and the Town of Southold RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott Russell to execute an employment contract between Captain Martin Flatley and the Town of Southold, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2006-835 ? 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 VI. 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. Southold Town Meeting Agenda - October 17, 2006 Page 27 2. 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 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.