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HomeMy WebLinkAboutAG-03/13/2007 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 FINAL 3/13/07 3:55 pm AGENDA SOUTHOLD TOWN BOARD March 13, 2007 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. Town Clerk Monthly Report February 2007 2. Justice Bruer February 2007 3. Program for the Disabled January 2007 4. Island Group Claim Lag Report 2/1/06 - 1/31/07 Southold Town Meeting Agenda - March 13, 2007 Page 2 5. Recreation Department January 2007 II. PUBLIC NOTICES 1. Application to NYS Liquor Authority for Transfer of Liquor License End of the Line LLC d/b/a/ Antares Cafe, 2350 Manahsset Ave., Greenport 2. Club Liquor License Renewal with NYS Liquor Authority Peconic Landing, 1500 Brecknock Road, Greenport 3. Renewal of Winery Permit with NYS Liquor Authority Osprey’s Dominion Vineyards, Ltd., 44075 Main Road, Peconic 4. Application for a Liquor License to NYS Liquor License Stephen Ammirati for a corporation to be formed. 28350 Main Road, Cutchogue (presently Fisherman’s Rest) 5. Permit Application to Army Corps of Engineers Raymond Raimondi, 1150 Mason Drive, Cutchogue - Dredge existing boat slip, reconstruct bulkhead, groin, dock, and steps (Cutchogue Harbor) 6. Permit Application to Army Corps of Engineers Gregersen’s Keep, LLC c/oBarbara Berbrich, 970 Willow Drive, Greenport, to construct docking assembly (Gull Pond) 7. Permit Application to Army Corps of Engineers A. Shelley Tupper, 3050 Minnehaha Boulevard, Southold - construct a catwalk ramp and float. (Corey Creek, Hog Neck Bay, LIttle Peconic Bay) 8. NYS DEC Notice of Complete Application Southview Custom Builders, S/S/O Main Bayview Rd S/O Victoria Dr, Southold - to subdivide 13.35 acre parcel into 3 residential lots III. COMMUNICATIONS 1. Suffolk Times New Expenses for Legal Notice: $10 per affidavit $3 per tear sheet $20 minimum production charge for non-Digital submissions Southold Town Meeting Agenda - March 13, 2007 Page 3 $50 fee for any legal submitted after deadline IV. DISCUSSION 1. 9:00 AM - Neb Brashich & Jamie Richter Transportation Commission Update 2. Home Rule Assembly Bill 1735 to create the Peconic Bay Regional Transportation Council 3. 9:30 AM - Phillip Beltz Hamlet Stakeholders 4. 9:50 AM - Jim Bunchuck Fencing at the Landfill 5. 10:00 AM - Mike Abatangelo & Vince Canuscio Cell Towers 6. Amendments to the Code 7. Coast to Coast Basketball 8. Set Coastal Erosion Public Hearing Date Bombera 9. Dues, Suffolk County Supervisors 10. Drainage Code 11. 12:00 Noon - Executive Session - John Sepenoski & Randy Parsons Acquisition of Property 12. Executive Session Reveiw of Stakeholder Names 13. Executive Session Contract - Raynor Foundation NFAWL 14. LWPR (General Discussion) per Councilman Krupski 15. Mattituck Fire District Request Southold Town Meeting Agenda - March 13, 2007 Page 4 Fire Training 16. Executive Session CSEA Negotiations MINUTES APPROVAL 1. Tuesday, February 13, 2007 V. RESOLUTIONS 2007-253 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit Dated 3/13/07 RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby March 13, 2007. Vote Record - Resolution RES-2007-253 ? 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 2007-254 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Next Board Meeting 3/27/07 RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, March 27, 2007 at the Southold Town Hall, Southold, New York at 4:30 P. M.. Vote Record - Resolution RES-2007-254 ? 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 - March 13, 2007 Page 5 2007-255 CATEGORY: Budget Modification DEPARTMENT: Town Clerk FIFD 2006 Budget Modification modifies the 2006 Fishers RESOLVED that the Town Board of the Town of Southold hereby Island Ferry District budget as follows: APPROPRIATIONS: TO: SM.1420.4 Town Attorney 4,000 SM.1950.4 Property Tax 10,800 SM.5610.4 Airport 71,900 SM.5709.2 Repairs 18,000 SM.5710.2 Ferry Operations, Equip. 51,600 SM.5710.4 Ferry Operations, C.E. 225,000 SM.5711.4 Office Expense 3,500 SM.7155.4 Theatre 3,700 SM.9010.8 NYS Retirement 40,000 SM.9730.7 B.A.N. Interest 15,900 FROM: SM.1310.4 Accounting 8,000 SM.1910.4 Insurance 16,400 SM.1930.4 Insurance Claims 3,333 SM.5710.1 Ferry Operations, P.S. 63,800 SM.5712.4 Commissioner Fees 6,000 SM.5713.4 US Mail 6,700 SM.9030.8 Social Security 2,700 SM.9060.8 Medical Insurance 24,600 REVENUES: TO: SM.5990.0 Fund Balance 312,867 Vote Record - Resolution RES-2007-255 ? 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 - March 13, 2007 Page 6 2007-256 CATEGORY: Attend Seminar DEPARTMENT: Police Dept Racism Training Seminar - PD grants permission to Chief RESOLVED that the Town Board of the Town of Southold hereby Carlisle E. Cochran, Jr., and Captain Martin Flatley to attend a training seminar entitled ERASE Racism Unraveling Racism Training at Suffolk County Community College, Riverhead, NY commencing Thursday, April 19 and Friday, April 20, 2007. Registration fee in the amount of $600.00 ($300.00 per person) to be a legal charge to the 2007 Police budget training line - A.3120.4.600.200. Travel to be by Town vehicle. Vote Record - Resolution RES-2007-256 ? 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 2007-257 CATEGORY: Budget Modification DEPARTMENT: Trustees CAC Budget Modification RESOLVEDmodifies the General Fund that the Town Board of the Town of Southold hereby Whole Town 2006 budget as follows: TO: A.3610.1.200.100 Regular Earnings $650.00 FROM: A.3610.4.500.300 Conservation Advisory Council $650.00 Vote Record - Resolution RES-2007-257 ? 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 - March 13, 2007 Page 7 2007-258 CATEGORY: Employment - Town DEPARTMENT: Accounting Retirement Jesse J. Wilson RESOLVEDaccepts with regret the that the Town Board of the Town of Southold hereby notice of retirement of Jesse J. Wilson from the position of Laborer in the Solid Waste Department , effective March 29, 2007. Vote Record - Resolution RES-2007-258 ? 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 2007-259 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification -- 06 Town Board Traffic Study RESOLVEDmodifies the 2006 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: To: A.1010.4.500.500 Town Board, C.E., Planning Consultants $5,000.00 From: A.1010.4.600.100 Town Board, C.E., Legal Notices $5,000.00 Vote Record - Resolution RES-2007-259 ? 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 2007-260 CATEGORY: Budget Modification Southold Town Meeting Agenda - March 13, 2007 Page 8 DEPARTMENT: Accounting 2006 & 2007 Budget Modification-The Nature Conservancy/North Fork Audubon for Piping Plover Management RESOLVEDmodifies the 2006 that the Town Board of the Town of Southold hereby General Fund Whole Town budget as follows: To: Appropriations: A.8720.4.400.100 Fish & Game, C.E. Piping Plover Management $3,500.00 To: Revenues: A.2770.20 Other Unclassified Revenue Nature Conservancy Grant $3,500.00 RESOLVEDmodifies the 2007 that the Town Board of the Town of Southold hereby General Fund Whole Town budget as follows: To: Appropriations: A.8720.4.400.100 Fish & Game, C.E. Piping Plover Management $8,000.00 To: Revenues: A.2770.20 Other Unclassified Revenue Nature Conservancy Grant $8,000.00 Vote Record - Resolution RES-2007-260 ? 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 2007-261 CATEGORY: Employment - Town DEPARTMENT: Highway Department Deputy Superintendent of Highways Southold Town Meeting Agenda - March 13, 2007 Page 9 appoints Curtis F. Davids to the position Superintendent of Highways, Peter W. Harris, hereby of Deputy Superintendent of Highways, effective March 30, 2007 , at an annual salary of $67,998.00, due to the retirement of the present Deputy Superintendent of Highways, Charles King, on March 29, 2007. Vote Record - Resolution RES-2007-261 ? 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 2007-262 CATEGORY: Budget Modification DEPARTMENT: Justice Court Budget Modification Justice Court RESOLVEDmodifies the 2006 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: To: A.1110.4.400.500 Justices, C. E. Parking Ticket Servicing $ 585.00 A.1110.4.600.200 Justices, C. E. Meetings & Seminars 510.00 From: A.1110.1.100.200 Justices, P. S. Overtime Earnings $1,095.00 Vote Record - Resolution RES-2007-262 ? 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 2007-263 CATEGORY: Budget Modification DEPARTMENT: Supervisor Budget Modification Supervisors Southold Town Meeting Agenda - March 13, 2007 Page 10 RESOLVEDmodifies the General Fund that the Town Board of the Town of Southold hereby Whole Town 2006 Budget (Supervisor Personal Services) as follows: To: A.1220.1.100.100 Supervisor’s Regular Earnings $100.00 From: A.1220.1.100.400 Supervisor’s Sick Earnings $100.00 Vote Record - Resolution RES-2007-263 ? 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 2007-264 CATEGORY: Attend Seminar DEPARTMENT: Town Clerk AntiBias Task Force Seminar RESOLVEDgrants permission to Cynthia that the Town Board of the Town of Southold Smith, Marjorie Dry, Merle Levine, Eleanor Lingo, Mary McCabe and Valerie Shelby to attend an “Unraveling Racism Training” seminar April 19 - 20, 2007 at the Riverhead Campus of Suffolk Community college. All registration, travel, etc. to be a legal charge to the Anti-Bias Task Force 2007 budget. Vote Record - Resolution RES-2007-264 ? 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 2007-265 CATEGORY: Budget Modification DEPARTMENT: Highway Department Budget Modification Highway Southold Town Meeting Agenda - March 13, 2007 Page 11 RESOLVEDmodifies the 2006 Highway that the Town Board of the Town of Southold hereby Fund Part Town budget as follows: To: DB.9901.9.000.000 Transfers to Other Funds Transfers Undesignated Transfers to Health Plan $ 8,773.97 From: DB.5110.1.100.100 General Repairs Personal Services Full Time Employees Regular Earnings $ 8,773.97 Vote Record - Resolution RES-2007-265 ? 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 2007-266 CATEGORY: Budget Modification DEPARTMENT: Police Dept Modify the 2006 General Fund Whole Town Budget - Police RESOLVEDmodifies the 2006 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: To: A.3120.1.100.100 Police, P.S., FT Regular Earnings $2,460.00 A.3120.2.300.100 Police, Equip., Automobiles 80.00 A.3120.4.100.200 Police, C.E., Gasoline & Oil 10,264.00 A.3120.4.400.650 Police, C.E., Vehicle Maint & Repairs 376.00 A.3120.4.500.200 Interpreter Service 300.00 A.3130.1.300.200 Bay Constable, Seasonal Overtime .50 A.3130.4.100.200 Bay Constable, C.E., Gasoline & Oil 1,241.00 A.3130.4.100.500 Bay Constable, C.E., Equip Parts/Supplies .50 A.3130.4.400.600 Bay Constable, C.E., Buoy Maintenance 1,077.00 A.3130.4.500.400 Bay Constable, C.E., FI Bay Constable 7,092.00 From: Southold Town Meeting Agenda - March 13, 2007 Page 12 A.1990.4.100.200 Contingent, Police Retirement Reserve $22,442.00 A.3120.2.500.400 Police, Equip., Radio Equipment 432.00 A.3120.4.100.900 Police, C.E., Misc Supplies 17.00 Vote Record - Resolution RES-2007-266 ? 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 2007-267 CATEGORY: Budget Modification DEPARTMENT: Highway Department Budget Modification - Highway PT RESOLVED modifies the 2007 Highway that the Town Board of the Town of Southoldhereby Fund Part Town budget as follows: To: DB.5142.4.100.975 Snow Removal Contractual Expense Supplies & Materials Plow Blades, Shoes, Wheels $1,259.00 From: DB.5110.4.100.975 General Repairs Contractual Expense Supplies & Materials Steel $1,259.00 Vote Record - Resolution RES-2007-267 ? 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 2007-268 CATEGORY: Authorize to Bid DEPARTMENT: Highway Department Advertise Trucks for Highway Southold Town Meeting Agenda - March 13, 2007 Page 13 RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise for bids for two (2) vehicles, with dump bodies, six-wheel, heavy duty trucks with specifications equivalint to Godwin U300, for use at the Highway Department. Vote Record - Resolution RES-2007-268 ? 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 2007-269 CATEGORY: Budget Modification DEPARTMENT: Human Resource Center Bud. Mod.- Donations to Appropriations HRC-Memorial Donations RESOLVEDmodifies the 2007 that the Town Board of the Town of Southold hereby General Whole Town budget as follows: To: Revenues Programs for the Aging A.2705.40 Gifts and Donations Other Donations $470.00 To: AppropriationsPrograms for the Aging A.6772.2.500.200 Other Equipment/Chairs $470.00 $ Vote Record - Resolution RES-2007-269 ? 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 2007-270 CATEGORY: Retirement/Resignation DEPARTMENT: Human Resource Center Accept Resignation of PT Mini Bus Driver At HRC. Maureen Campbell Sustained an Injury In a Fall At Home on 1/20/07 and Anticipates Long Recovery. She Was a Valued Employee and Will be Strongly Southold Town Meeting Agenda - March 13, 2007 Page 14 Considered for Rehire In the Future. RESOLVEDaccepts the resignation of that the Town Board of the Town of Southold hereby Maureen Campbell from the position of part-time Mini Bus Driver at the Human Resource Center effective March 3, 2007. Vote Record - Resolution RES-2007-270 ? 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 2007-271 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification-Approp NYS DOS Grants RESOLVEDmodifies the 2006 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: To: Revenues: A.3089.80 NYS Dept. of State Grants $125,000.00 To: Appropriations: A.8020.4.400.100 Planning, C.E., Contracted Services Cornell Cooperative Extension Southold Creek LWRP Implementation $ 75,000.00 A.8020.4.400.200 Planning, C.E., Contracted Services Cornell Cooperative Extension Stormwater Management Plan 50,000.00 Vote Record - Resolution RES-2007-271 ? 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 - March 13, 2007 Page 15 2007-272 CATEGORY: Advertise DEPARTMENT: Human Resource Center Advertise for PT Mini Bus Driver At the HRC RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise for the position of part time Mini Bus Driver at the Human Resource Center at 17.5 hours per week at $12.11 per hour. Vote Record - Resolution RES-2007-272 ? 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 2007-273 CATEGORY: Committee Resignation DEPARTMENT: Town Clerk Resignation of Ed Dart From Tree Committee RESOLVEDaccepts with regret the that the Town Board of the Town of Southold hereby resignation of Edward Dart as a member and chairman of the Southold Town Tree Committee , effective March 31, 2007. Vote Record - Resolution RES-2007-273 ? 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 2007-274 CATEGORY: Committee Resignation DEPARTMENT: Town Clerk Accept the Resignation of Martha Jones From the Position of Secretary to the Southold Town Tree Committee Southold Town Meeting Agenda - March 13, 2007 Page 16 RESOLVEDaccepts the resignation of that the Town Board of the Town of Southold hereby Martha Jones from the position of Secretary to the Southold Town Tree Committee , effective immediately. Vote Record - Resolution RES-2007-274 ? 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 2007-275 CATEGORY: Employment - Town DEPARTMENT: Town Clerk Advertise for Operator of Pump-Out Boat RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise for two (2) weeks, on March 29, 2007 and April 12, 2007, for an operator of the pump-out boat under the supervision of the Town Trustees, on a seasonal basis starting the weekend of May 26, 1007 through the weekend of October 6, 2007, at a salary of $12.00 per hour. Vote Record - Resolution RES-2007-275 ? 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 2007-276 CATEGORY: Attend Seminar DEPARTMENT: Police Dept Grant Permission to Sergeant Raymond VanEtten, Police Officers Thomas Hudock, William Brewer and Roman Wilinski to Attend Gang Awareness and Violence Prevention Training Seminar on March 27, 2007 At Wading River, NY RESOLVED grants permission to that the Town Board of the Town of Southold hereby Sergeant Raymond VanEtten, Police Officers Thomas Hudock, William Brewer and Southold Town Meeting Agenda - March 13, 2007 Page 17 Roman Wilinski to attend a Gang Awareness and Violence Prevention seminar on Tuesday, March 27, 2007 from 8:00 am to 2:45 pm at The Inn at East Wind, Wading River, New York. Expenses for registration at $45.00 per person to be a legal charge to the 2007 Police budget training line - A.3120.4.600.200. Travel to be by Town vehicle. Vote Record - Resolution RES-2007-276 ? 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 2007-277 CATEGORY: Seqra DEPARTMENT: Land Preservation N&J Management Co - SEQRA WHEREAS, purchase a development the Town Board of the Town of Southold wishes to rights easement on a certain parcel of property owned by N&J Management Company pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Code of the Town of Southold. Said property is identified as part of SCTM #1000-113-13-1.2. The address is 4735 Westphalia Road, Mattituck, New York, and is located on the southerly side of Westphalia Road, approximately 830 feet east of the intersection of Cox Neck Road and Westphalia Road in Mattituck in the R-80 zoning district. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 16.5± acres (subject to survey) of the 17.5± acre parcel. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owner. The purchase price for the easement is $68,000 (sixty-eight thousand dollars) per buildable acre plus acquisition costs; now, therefore, be it RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it further RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is accepted and attached hereto; and, be it further Southold Town Meeting Agenda - March 13, 2007 Page 18 RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action. Vote Record - Resolution RES-2007-277 ? 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 2007-278 CATEGORY: Litigation DEPARTMENT: Town Attorney Retains Frank A. Isler As Special Counsel In the Matter of Henry Oman and Christina J. Oman V. Zoning Board of Appeals of the Town of Southold RESOLVEDretains Frank A. Isler as that the Town Board of the Town of Southold hereby Special Counsel in the matter of Henry Oman and Christina J. Oman v. Zoning Board of Appeals of the Town of Southold , which action was filed on March 7, 2007. Vote Record - Resolution RES-2007-278 ? 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 2007-279 CATEGORY: Litigation DEPARTMENT: Town Attorney Retains Frank A. Isler As Special Counsel In the Matter of John Diller V. Zoning Board of Appeals of the Town of Southold RESOLVEDretains Frank A. Isler as that the Town Board of the Town of Southold hereby Special Counsel in the matter of John Diller v. Zoning Board of Appeals of the Town of Southold , which action was filed on March 7, 2007. Southold Town Meeting Agenda - March 13, 2007 Page 19 Vote Record - Resolution RES-2007-279 ? 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 2007-280 CATEGORY: Authorize Payment DEPARTMENT: Town Clerk Reimbursement of Recording Fees for the Town-Related Documents In the Amount of $1360.00 From Closing RESOLVED that the Town Board of the Town of Southold hereby authorizes the reimbursement of recording fees for the Town-related documents in the amount of $1360.00 from the closing between the County of Suffolk, Town of Southold and CDC Cottages at Mattituck regarding the "". Vote Record - Resolution RES-2007-280 ? 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 2007-281 CATEGORY: Property Acquisition Public Hearing DEPARTMENT: Land Preservation Set Tuesday, March 27, 2007, At 4:55 P.M., Southold Town Hall, 53095 Main Road, Southold, New York As the Time and Place for a Public Hearing for the Purchase of Development Rights Easements on Properties Owned by Robert Rowehl RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold sets Tuesday, March 27, 2007, at 4:55 p.m., Southold Town Hall, 53095 Main Road, hereby Southold, New York as the time and place for a public hearing for the purchase of development rights easements on properties owned by Robert Rowehl. Said properties are identified as part of SCTM #1000-100-2-6.1 (Parcel A) and the entire SCTM #1000-94-4-2 (Parcel B). The address for the two adjacent parcels is 2755 Oregon Road, Mattituck, New York. Parcel A is located at the northwesterly side of Oregon Road where Elijah’s Lane intersects with Oregon Road, running northerly to Sound View Avenue in Mattituck in the A-C zoning district. Southold Town Meeting Agenda - March 13, 2007 Page 20 Parcel B is accessed by means of a right of way over Parcel A located approximately 3,500 feet easterly from the intersection of Lloyds Lane and Sound View Avenue in Mattituck in the A-C zoning district. The proposed acquisition is for a development rights easement on a part of the property identified as SCTM #1000-100-2-6.1 consisting of approximately 24± acres of the 27± acre parcel, and a development rights easement on the entire adjacent parcel identified as SCTM #1000-94-4-2 consisting of 5± acres. The exact area of the purchase is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The purchase price is $78,000 (seventy-eight thousand dollars) per buildable acre for the 24± acre easement and $448,000 (four hundred forty- eight thousand dollars) for the easement on the entire 5± acre adjacent parcel plus acquisition costs. Both easements will be acquired using Community Preservation Funds. The 24± acre easement purchase may be eligible for partial funding from an awarded NYS Agriculture and Markets grant. The properties are listed on the Town’s Community Preservation Project Plan as properties that should be preserved due to their agricultural values; and FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Vote Record - Resolution RES-2007-281 ? 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 2007-282 CATEGORY: Employment - Town DEPARTMENT: Public Works Resignation - DPW RESOLVEDhereby accepts the resignation of that the Town Board of the Town of Southold Mike Pendergast from the position of part-time custodian for the Department of Public Works effective March 22, 2007. Southold Town Meeting Agenda - March 13, 2007 Page 21 Vote Record - Resolution RES-2007-282 ? 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 2007-283 CATEGORY: Committee Appointment DEPARTMENT: Town Attorney Appoint Hamlet Stakeholders WHEREASintends to appoint stakeholders from , the Town Board of the Town of Southold each Hamlet to assist with the implementation of the 2005 Hamlet Study findings to further define a vision statement for each Hamlet; to assist the Town in identifying and prioritizing short and long-term planning projects outlined in the Study; to identify funding resources available to accomplish identified projects; to solicit public and private partnerships to facilitate such projects and help disseminate information to all residents within the community ; and it is therefore RESOLVED, that the Town Board of the Town of Southold hereby appoints the following members as Hamlet Stakeholders: Cutchogue: Jack DiPaola Jane Minerva Gwynn Schroeder Fred Carcich Bill Gatz East Marion: Perry Angelson Ruth Ann Bramson Walter Gaipa Jenny Gould Kate Sepenoski Joe Townsend Kevin Webster John Copertino Southold Town Meeting Agenda - March 13, 2007 Page 22 George Peter Marilyn LoPresti Regi Weile Greenport West: Don Leslie, Jr. Tanya Palmore Peter Russo Ural Talgat Victor Brown Melanie Norden Mattituck: Sue Auer Peter Coleman Constance Connor Joseph Lee Ron McGreevey Henry Raynor Frank Wills Charlie Saloom Nick Planamento Bill Bladykas Andy Kolb New Suffolk: Joan Robbins Tom Samuels, Jr. Jerry Schultheis Michael Simon Brian Andrews James Baker III Patricia (Pat) McIntyre Kim Petrie Stephan Roussan Orient: Glynis Berry Margaret Minichini Southold Town Meeting Agenda - March 13, 2007 Page 23 Linton Duell Janet Markarian Priscilla Bull Ted Webb Keri Christ Bill Latham Rona Smith Peconic: Dave Cichanowicz Andrew Greene Ed Dart Bill Grigonis Robert Adipietro Rich Bohner Hugh Switzer Vote Record - Resolution RES-2007-283 ? 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 2007-284 CATEGORY: Advertise DEPARTMENT: Town Clerk Advertise for Resumes for Various RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise for resumes for various committees, as needed, for terms expiring March 31, 2007 and any vacancies created by resignations. Vote Record - Resolution RES-2007-284 ? 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 2007-285 Southold Town Meeting Agenda - March 13, 2007 Page 24 CATEGORY: Authorize Payment DEPARTMENT: Town Attorney Authorizes the Payment In the Amount of $8,000 to Richard Corazzini In Satisfaction of the Town’s Obligation to Install Fencing Along the Boundary Lines of the Town’s and Mr. Corazzini’s Property In Cutchogue RESOLVEDauthorizes the payment in that the Town Board of the Town of Southold hereby the amount of $8,000 to Richard Corazzini in satisfaction of the Town’s obligation to install fencing along the boundary lines of the Town’s and Mr. Corazzini’s property in Cutchogue , pursuant to the Land Swap Agreement between the parties dated September 3, 2004. Vote Record - Resolution RES-2007-285 ? 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 2007-286 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Clerk Set 4/10/07 7:45 PM for PH a Local Law In Relation to Amendments to the Vehicle and Traffic Law In the Town of Southold WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, “A Local Law in relation to New York, on the 13th day of March, 2007 a Local Law entitled Amendments to the Vehicle and Traffic Law in the Town of Southold” now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on 10th day of April, 2007 at 7:45 p.m. at which time all interested persons will be given an opportunity to be heard. “A Local Law in relation to Amendments to the Vehicle and The proposed Local Law entitled, Traffic Law in the Town of Southold” reads as follows: Southold Town Meeting Agenda - March 13, 2007 Page 25 LOCAL LAW NO. 2007 “A Local Law in relation to Amendments to the Vehicle and Traffic Law A Local Law entitled, in the Town of Southold” . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose – In order to provide for the health, safety and welfare of the citizens of the Town, it is necessary for the Town Board to make amendments to the Town’s vehicle and traffic regulations, including regulations regarding parking in fire lanes, handicapped spaces, and other areas, as well as updating and consolidating the fines for various infractions. II. Chapter 189 of the Code of the Town of Southold is hereby amended as follows: §189-8. Penalties for offenses.[Amended 7-31-1973 by L.L. No. 1-1973] Any person committing an offense against any provision of this article shall, upon conviction thereof, be guilty of a violation punishable by a fine as set forth below not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this article shall constitute, for each day the offense is continued, a separate and distinct offense hereunder. Penalty Schedule Fine Penalty at 30 days Penalty at 60 days Penalty at 90 days $50$75 $100 $150 $170 III. Chapter 193 of the Code of the Town of Southold is hereby amended as follows: §193-3. Regulations concerning motor vehicles. A. No person in a recreational area shall: (6) Park a vehicle in other than an established or designated parking area, and such use shall be in accordance with the posted instructions thereat and with the instructions of any attendant who may be present. IV. Chapter 260 of the Code of the Town of Southold is hereby amended, as follows: §260-8. Parking prohibited at all times. The parking of vehicles is hereby prohibited at all times in any of the following Southold Town Meeting Agenda - March 13, 2007 Page 26 locations and at any other location where signage indicates “No Parking”: §260-12. Public parking lots. [Added 7-7-1981 by L.L. No. 4-1981] The parking of vehicles in the a public parking lot located in Southold on the south side of New York Route 25, approximately 170 feet east of Wells Avenue, is hereby prohibited for a period longer than two hours. for a period of more than two hours is hereby prohibited at the following locations: Name of Street Side Location New York Route 25 South In Southold, approximately 170 feet east of Wells Avenue New York Route 25 North In Cutchogue, east of Griffing Street, in rear of Shopping Center (except in those spaces designated by signage authorizing parking in excess of two hours) §260-13. Stopping prohibited at all times. [Added 8-12-1980 by L.L. No. 4-1980] The stopping of vehicles is hereby prohibited at all times in any of the following locations and at any other location where signage indicates “No Stopping”: §260-14. Fire zones, fire lanes, fire hydrants, fire wells.[Added 8-12-1980 by L.L. No. 4-1980] A. The parking of vehicles is hereby prohibited at all times in the following fire lane locations zones: . A1. At the shopping center located on the north side of New York Route 25, approximately 1,400 feet west of Cox Lane in the Hamlet of Cutchogue, commonly known as the “Key Food Shopping Center,” such fire lane to be 30 feet in width from the southerly sidewalk curbline on the south side (front) of the building and extending for the entire length of the store building. B.2. At the shopping center located on the north side of New York Route 25, having ingress and egress on both Route 25 and Factory Avenue in the Hamlet of Mattituck, commonly known as the “A & P Shopping Center,” such fire lane to be 24 feet in width, from the southerly and Southold Town Meeting Agenda - March 13, 2007 Page 27 westerly sidewalk curbline on the south and west (front) side of the building and extending the entire length of the L-shaped store building; i.e., 466 feet along the southerly face of the building and 222 feet along the westerly face.[Added 4-25-1989 by L.L. No. 5-1989] B. The stopping, standing or parking of vehicles within 15 feet in either direction of a fire hydrant is hereby prohibited. C. The stopping, standing or parking of vehicles within 15 feet in either direction of a fire well is hereby prohibited. D. The stopping, standing or parking of vehicles is prohibited at all times in the areas designated and marked as fire lanes. §260-17. Handicapped parking. [Added 12-23-1997 by L.L. No. 29-1997] No person shall The stopping, standing or parking of park or stand a motor vehicles in any parking space designated for the parking of motor vehicles by individuals with handicapped license plates or permits as set forth below, as handicapped parking by blue markings and/or handicapped signage is prohibited unless said the vehicle displays such a valid handicapped license plate, or a valid handicapped parking permit displayed in the manner and location as designated by New York State or Local law. or regulation, in any located listed below: Name of Street Side Location Orchard Street [Added 10-12-1999 East From the northeast corner of Village by L.L. No. 12-1999] Lane and Orchard Street easterly along Orchard Street adjacent to the United Methodist Church Sound Avenue South From the Presbyterian Church Driveway entrance easterly for a Distance of 95 feet §260-18. Additional parking regulations.[Added 3-26-2002 by L.L. No. 2-2002] A. No person shall park a vehicle so as to obstruct a fire hydrant. B.A. No person shall double park a vehicle on any Town highway or roadway. Southold Town Meeting Agenda - March 13, 2007 Page 28 C.B. No person shall park a vehicle in whole or part on a sidewalk located adjacent to a highway. D.C. No vehicle shall be parked upon any public highway or roadway without first being registered and inspected pursuant to the Vehicle and Traffic Law of the State of New York. E.D. On a one-way roadway vehicles shall be parked facing in the direction of authorized traffic movement; on a two-way roadway such motor vehicle shall be facing in the direction of authorized traffic movement on that portion of the roadway on which the vehicle rests. F.E. No person shall park a vehicle so as to obstruct any driveway except with express permission of the owner. G. No person shall park a vehicle overtime in a time restricted parking space. F. In an established or designated parking area, a vehicle is to be wholly within the markings or signage where established or designated lines and markings are indicated. §260-27. Penalties for offenses. A. Every person convicted of a traffic infraction for a violation of any provision of this chapter, which is not a violation of any provision of the Vehicle and Traffic Law of the State of New York, and said traffic infraction is not covered by Subsection B below, shall, for a first conviction thereof, be punished by a fine of not more than $50 not to exceed $110 or by imprisonment for not more than 15 days, or by both such fine and imprisonment.; for a second such conviction within 18 months thereafter, such person shall be punished by a fine of not more than $100 or by imprisonment for not more than 45 days, or by both such fine and imprisonment; upon a third or subsequent conviction within 18 months after the first conviction, such person shall be punished by a fine of not more than such person shall be punished by a fine of not more than $250 or by imprisonment for not more than 90 days, or by both such fine and imprisonment. B. All persons cited on a Town parking summons for violation of this chapter, permit parking or parking related violations shall be subject to a fine as set forth below and shall answer on or before 30 days after the issuance of the summons. Persons failing to answer before the expiration of 30 days after issuance of the summons shall be subject to the penalties set forth in the penalty schedule below, in addition to the prescribed fines: Fine Schedule Southold Town Meeting Agenda - March 13, 2007 Page 29 Section Description Amount 260-8 Parking prohibited at all times $35 $75 260-9A Parking prohibited certain hours $35 $75 260-9B Between 10:00 p.m. and 6:00 a.m. $35 $75 260-9C Night fishing permit $50 260-10 Parking prohibited certain months $35 $75 260-11 Parking limited time $35 $75 260-12 Parking public lots $35 $75 260-13 Stopping prohibited at all times $75 260-14A Fire lanes $75 260-14B Fire hydrant $75 260-14C Fire wells $75 260-14D Fire zone $75 260-15 Parking or standing prohibited certain $35 $75 times Fine Schedule Section Description Amount 260-16 260-17 Handicapped parking only $110* 193-A(6)260-18F Parking a vehicle in other than established $50 $75 or designated area 189-2A189-2F Parking by Southold Town permit only $50 $75 189-3A(3) Resident parking permit Permit properly $50 $75 affixed Southold Town Meeting Agenda - March 13, 2007 Page 30 260-18A Fire hydrant $75 260-18BA Double parked $35 $75 260-18CB On sidewalk $35 $75 260-18DC Expired registration $35$50 Over 60 days $50$75 260-18DC Expired inspection $35$50 Over 60 days $50$75 260-18ED Wrong side to curb $35 $75 260-18FE Obstructed driveway $35 $75 260-18F Designated parking space $75 260-18G Overtime parking $35 $75 260-19 No stopping zone $35 $75 260-20 Fire zone $75 260-21 Bus stop $35 $75 260-22 Loading zone $35 $75 NOTES: * Includes NYS mandatory surcharge of $35. Penalty Schedule Penalty at Penalty at Penalty at Section Description Fine 30 Days 60 Days 90 Days 260-8 Parking prohibited $35$75 $70$100 $105$150 $125$170 at all times 260-9A Parking prohibited $35$75 $70$100 $105$150 $125$170 certain hours 260-9B Between 10:00 p.m. $35$75 $70$100 $105$150 $125$170 and 6:00 a.m. 260-9C Night fishing permit $50 $100 $150 $170 Southold Town Meeting Agenda - March 13, 2007 Page 31 260-10 Parking prohibited $35$75 $70$100 $105$150 $125$170 certain months 260-11 Parking limited time $35$75 $70$100 $105$150 $125$170 260-12 Parking public lots $35$75 $70$100 $105$150 $125$170 260-13 Stopping prohibited $75 $100 $150 $170 at all times 260-14A Fire lanes $75 $150 $225 $245 260-14B Fire hydrant $75 $150 $225 $245 260-14C Fire wells $75 $150 $225 $245 260-14D Fire zone $75 $150 $225 $245 260-15 Parking or standing $35$75 $70$100 $105$150 $125$170 prohibited certain times 260-16 Fire wells $75 $150 $225 $245 260-17 Handicapped parking $110* $185 $260 $280 Only NOTES: * Includes NYS mandatory surcharge of $35. Penalty Schedule Penalty at Penalty at Penalty at Section Description Fine 30 Days 60 Days 90 Days 193-3A(6) Parking a vehicle in $50$75 $100 $150 $170 260-18F other than established or designated area 189-2A2F Parking by Southold $50$75 $100 $150 $170 Town permit only 189-3A(3) Resident parking $50$75 $100 $150 $170 Permit Permit properly Southold Town Meeting Agenda - March 13, 2007 Page 32 affixed 260-18A Fire hydrant $75 $150 $225 $245 260-18BA Double parked $35$75 $70$100 $105$150 $125$170 260-18CB On sidewalk $35$75 $70$100 $105$150 $125$170 260-18DC Expired registration $35$50 $70$75 $105$125 $125$150 Over 60 days $50$75 $100$125 $150$175 $170$200 260-18DC Expired inspection $35$50 $70$75 $105$125 $125$150 Over 60 days $50$75 $100$125 $150$175 $170$200 260-18ED Wrong side to curb $35$75 $70$100 $105$150 $125$170 260-18FE Obstructed driveway $35$75 $70$100 $105$150 $125$170 260-18F Designated parking $75 $100 $150 $170 space 260-19 No stopping zone $35$75 $70$100 $105$150 $125$170 260-20 Fire zone $75 $150 $225 $245 Penalty Schedule Penalty at Penalty at Penalty at Section Description Fine 30 Days 60 Days 90 Days 260-21 Bus stop $35$75 $70$100 $105$150 $125$170 260-22 Loading zone $35$75 $70$100 $105$150 $125$170 V. 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 Southold Town Meeting Agenda - March 13, 2007 Page 33 this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. VI. APPLICABILITY AND EFFECTIVE DATE. This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Vote Record - Resolution RES-2007-286 ? 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 2007-287 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Clerk Ratify the Settlement Agreement of a Grievance Brought by a Town Employee, Dated March 13, 2007 RESOLVEDratifies the settlement agreement of that the Town Board of the Town of Southold hereby a grievance brought by a town employee, dated March 13, 2007 . Vote Record - Resolution RES-2007-287 ? 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 2007-288 CATEGORY: Misc. Public Hearing DEPARTMENT: Town Attorney Sets April 24, 2007 At 9:00 A.M. In the Town Meeting Hall, 54375 Main Road, Southold, New York 11971, As the Time and Place for a Public Hearing on the Coastal Erosion Hazard Board of Review Appeal of Robert G. Bombara, Relating to a Proposed New Single-Family Dwelling, Garage and Swimming Pool Proposed to be Located At 1725 North Sea Drive, Southold, SCTM #1000-54-4-19 IT IS HEREBY RESOLVEDsets April 24, that the Town Board of the Town of Southold 2007 at 9:00 a.m. in the Town Meeting Hall, 54375 Main Road, Southold, New York 11971, Southold Town Meeting Agenda - March 13, 2007 Page 34 as the time and place for a public hearing on the Coastal Erosion Hazard Board of Review Appeal of Robert G. Bombara, relating to a proposed new single-family dwelling, garage and swimming pool proposed to be located at 1725 North Sea Drive, Southold, SCTM #1000-54-4-19 , and directs the Town Clerk to publish notice of such appeal in The Suffolk Times not less than ten (10) days nor more than thirty (30) days prior to such hearing and to notify the applicant by first class mail. Vote Record - Resolution RES-2007-288 ? 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 2007-289 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Clerk Agreement with East End Towns and Villages RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Scott A. Russell Memorandum of Understanding with the East End Towns and Villages to execute a regarding land use and transportation strategies coordinated by the East End Transportation Council. Vote Record - Resolution RES-2007-289 ? 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 2007-290 CATEGORY: Seqra DEPARTMENT: Town Clerk SEQRA Gold Star Parents LL RESOLVEDfinds that the adoption of the local that the Town Board of the Town of Southold hereby law entitled “A Local Law in relation to Exemption for Veterans and Gold Star Parents” is Southold Town Meeting Agenda - March 13, 2007 Page 35 classified as a Type II Action pursuant to SEQRA Rules and Regulations , 6 NYCRR Section 617.5, and is not subject to review under SEQRA. Vote Record - Resolution RES-2007-290 ? 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 2007-291 CATEGORY: Seqra DEPARTMENT: Town Clerk SEQRA Fire Fighters RESOLVEDfinds that the adoption of the local that the Town Board of the Town of Southold hereby law entitled “A Local Law in relation to Amendments to Exemption for Volunteer Fire Fighters and Ambulance Workers” is classified as a Type II Action pursuant to SEQRA Rules and Regulations , 6 NYCRR Section 617.5, and is not subject to review under SEQRA. Vote Record - Resolution RES-2007-291 ? 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 2007-292 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL Fire Fighters WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk “A Local Law in County, New York, on the 13th day of February, 2007 a Local Law entitled relation to Amendments to Exemption for Volunteer Fire Fighters and Ambulance Workers” and Southold Town Meeting Agenda - March 13, 2007 Page 36 WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons will be given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local “A Local Law in relation to Amendments to Exemption for Volunteer Fire Law entitled, Fighters and Ambulance Workers” reads as follows: LOCAL LAW NO. 2007 “A Local Law in relation to Amendments to Exemption for Volunteer A Local Law entitled, Fire Fighters and Ambulance Workers. BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose – The Town Board of the Town of Southold seeks to provide to unremarried spouses of volunteer fire fighters or ambulance workers killed in the line of duty the maximum exemption from Town-imposed taxes available under New York State Law. II. Chapter 245 of the Code of the Town of Southold is hereby amended as follows: §245-13. Unremarried spouses of volunteer fire fighters or ambulance workers killed in line of duty. [Added 6-20-2006 by L.L. No. 9-2006] Any exemption granted under §245-11 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 unremarried spouse if such member is killed in the line of duty; provided, however, that: A. Such unremarried spouse is certified by the authority having jurisdiction for the incorporated volunteer fire company, fire department or incorporated volunteer ambulance service as an unremarried spouse of an a deceased 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 died in the line of duty and 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; or Southold Town Meeting Agenda - March 13, 2007 Page 37 D. Such deceased member had been an enrolled member for at least twenty years; and E. Such deceased volunteer and unremarried spouse had been receiving the exemption prior to his or her death. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. APPLICABILITY AND EFFECTIVE DATE This Local Law shall apply to assessment rolls prepared on the basis of taxable status dates occurring on or after January 1, 2007. This Local Law shall take effect Immediately upon filing with the Secretary of State as provided by law. Vote Record - Resolution RES-2007-292 ? 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 2007-293 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk ENACT Gold Star Parents LL WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk “A Local Law in County, New York, on the 13th day of February, 2007 a Local Law entitled relation to Exemption for Veterans and Gold Star Parents” and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons will be given an opportunity to be heard, now therefor be it Southold Town Meeting Agenda - March 13, 2007 Page 38 RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local “A Local Law in relation to Exemption for Veterans and Gold Star Parents” Law entitled, reads as follows: LOCAL LAW NO. 2007 “A Local Law in relation to Exemption for Veterans and Gold Star A Local Law entitled, Parents. BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose – The Town Board of the Town of Southold seeks to provide to certain war veterans and gold star parents the maximum exemption for Town-imposed taxes available under New York State Law. II. A new Article VI of Chapter 245 of the Code of the Town of Southold is hereby adopted as follows: §245-15. Definitions. As used in this Article, the following terms shall have their meanings indicated: GOLD STAR PARENT – A parent of a child who died in the line of duty while serving in the United States Armed Forces during a period of war. PERIOD OF WAR – The Spanish-American War; the Mexican border period: World War I: World War II: the hostilities known as the “Korean War”, which commenced June 27, 1950, and terminated on January 31, 1955; the hostilities known as the “Vietnam War”, which commenced December 22, 1961, and terminated on May 7, 1975; and the hostilities known as the “Persian Gulf conflict”, which commenced August 2, 1990. VETERAN – A person: A. Who served in the active military, naval, or air service during a period of war or who was a recipient of the armed forces expeditionary medal, naval expeditionary medal, Marine Corps expeditionary medal or global war on terrorism expeditionary medal, and who was discharged or released therefrom under honorable conditions; or B. Who was employed by the War Shippings Administration or Office of Defense Transportation or their agents as a merchant seaman documented by the United States Coast Guard or Department of Commerce or as a civil servant employed by the United States Army Transportation Service (later redesignated as Southold Town Meeting Agenda - March 13, 2007 Page 39 the United States Army Transportation Corps, Water Division) or the Naval Transportation Service; and who served satisfactorily as a crew member during the period of armed conflict, December 7, 1941, to August 15, 1945, aboard merchant vessels in oceangoing (i.e., foreign), intercoastal or coastwise service, as such terms are defined under federal law (46 U.S.C.A. §§10301 and 10501), and further to include near-foreign voyages between the United States, Canada, Mexico or the West Indies via ocean routes or public vessels in oceangoing service or foreign waters and who has received a certificate of release or discharge from active duty and a discharge certificate or an honorable service certificate/report of casualty from the Department of Defense; C. Who served as a United States civilian employed by the American Field Service and served overseas under United States Armies and United States Army Groups in World War II during the period of armed conflict December 7, 1941, through May 8, 1945, and who was discharged or released therefrom under honorable conditions; or D. Who served as a United States civilian flight crew and aviation ground support employee of Pan American World Airways or one of its subsidiaries or its affiliates and served overseas as a result of Pan American’s contract with Air Transport Command or Naval Air Transport Service during the period of armed conflict, December 14, 1941, through August 14, 1945, and who was discharged or released therefrom under honorable conditions. §245-16. Exemption granted to veterans and Gold Star parents. A. The maximum exemption allowable to qualifying residential real property exempt from taxation, under §458-a of the New York Real Property Tax Law to the extent of 15% of the assessed value, shall be increased from $27,000 to $54,000. B. In addition to the exemption provided by Subsection A of this Section, the maximum exemption allowable to veterans who served in a combat theater or combat zone of operations, as documented by the award of the United States Campaign Ribbon or Service Medal, or the armed forces expeditionary medal, naval expeditionary medal, Marine Corps expeditionary medal, or global war on terrorism expeditionary medal shall be increased from $27,000 to $36,000. C. The maximum exemption allowable, as an additional exemption available to a veteran who has received a compensation rating from a New York veterans organization or the United States Department of Defense because of a service- connected disability, calculated as the product of the assessed value multiplied by 50% of the veteran’s disability rating under §458-a of the New York Real Property Tax Law, is hereby increased from $90,000 to $180,000. Southold Town Meeting Agenda - March 13, 2007 Page 40 D. The County of Suffolk hereby elects to include a Gold Star parent within the definition of “qualified owner” and to include property owned by a Gold Star parent within the definition of “qualifying residential real property”, as provided in §458-a(1)(c) and (d) of the New York Real Property Tax Law, on the condition that such property shall be the primary residence of the Gold Star parent. The exemption granted by Subsections A and B of this section are hereby extended to the primary residences of Gold Star parents located within the Town of Southold. The real property tax exemption provided to Gold Star parents under §458-a of the New York Real Property Tax Law is hereby extended to such Gold Star parents to the maximum extent permissible under state law. E. Where a veteran already receiving an exemption pursuant to Section 458 or 458-a of the Real Property Tax Law sells the property receiving the exemption and purchases property within the same town or village, the assessor shall transfer and prorate, for the remainder of the fiscal year, the exemption which the veteran received. The prorated exemption shall be based upon the date the veteran obtains title to the new property and shall be calculated by multiplying the tax rate or rates for each municipal corporation which levied taxes, or for which taxes were levied, on the appropriate tax roll used for the fiscal year or years during which the transfer occurred times the previously granted exempt amount times the fraction of each fiscal year or years remaining subsequent to the transfer of title. Nothing in this section shall be construed to remove the requirement that any such veteran transferring an exemption pursuant to this section reapply for the exemption authorized pursuant to Section 458-a of the Real Property Tax Law on or before the following taxable status date, in the event such veteran wishes to receive the exemption in future fiscal years. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. APPLICABILITY AND EFFECTIVE DATE This Local Law shall apply to assessment rolls prepared on the basis of taxable status dates occurring on or after January 1, 2007. This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Vote Record - Resolution RES-2007-293 ? 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 - March 13, 2007 Page 41 2007-294 CATEGORY: Property Acquisition Purchase DEPARTMENT: Land Preservation N&J Managment Co - Elect to Purchase WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of a development rights easement on a certain parcel of property owned by N&J Management Company on the 13th day of March, 2007, pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as part of SCTM #1000-113-13-1.2. The address is 4735 Westphalia Road, Mattituck, New York, and is located on the southerly side of Westphalia Road, approximately 830 feet east of the intersection of Cox Neck Road and Westphalia Road in Mattituck in the R-80 zoning district; and WHEREAS, the development rights easement comprises approximately 16.5± acres (subject to survey) of the 17.5± acre parcel. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owner; and WHEREAS, t he purchase price for the easement is $68,000 (sixty-eight thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds. The easement purchase may be eligible for partial funding from an awarded NYS Agriculture and Markets grant; and WHEREAS, the property is listed on the Town’s Community Preservation Project Plan as property that should be preserved due to its agricultural value; and WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has recommended that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the development rights easement; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on this agricultural land; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a development rights easement on agricultural land owned by N&J Management Company Southold Town Meeting Agenda - March 13, 2007 Page 42 pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Code of the Town of Southold. Said property is identified as part of SCTM #1000-113-13-1.2. The address is 4735 Westphalia Road, Mattituck, New York, and is located on the southerly side of Westphalia Road, approximately 830 feet east of the intersection of Cox Neck Road and Westphalia Road in Mattituck in the R-80 zoning district. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 16.5± acres (subject to survey) of the 17.5± acre parcel. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owner. The purchase price for the easement is $68,000 (sixty-eight thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds. Town funding for this purchase is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code of the Town of Southold. The easement purchase may be eligible for partial funding from an awarded NYS Agriculture and Markets grant. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the Local Waterfront Revitalization Program (LWRP) and the Town Board hereby determines that this action is consistent with the LWRP. Vote Record - Resolution RES-2007-294 ? 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 43. 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. * * * * * Elizabeth A. Neville Southold Town Clerk 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. 2. 7:45 PM A Local Law In Relation to Amendments to Exemption for Volunteer Fire Fighters and Ambulance Workers Southold Town Meeting Agenda - March 13, 2007 Page 43 3. 7:50 PM A Local Law In Relation to Exemption for Veterans and Gold Star Parents 4. 7:55 PM N&J Management