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HomeMy WebLinkAboutAG-06/19/2007 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 AGENDA SOUTHOLD TOWN BOARD June 19, 2007 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. Program for the Disabled May 2007 2. Justice Evans Monthly Report May 2007 3. Justice Price Monthly Report May 2007 4. Trustees Monthly Report May 2007 5. Zoning Board of Appeals Southold Town Meeting Agenda - June 19, 2007 Page 2 May 2007 6. Town Clerk Monthly Report May 2007 II. PUBLIC NOTICES 1. Renewal of NYS Liquor License Porpey Restaurant, Inc. d/b/a The Old Mill Inn, 5775 West Mill Road, Mattituck 2. US Army Corps of Engineers Notice of Application Application of Winergy Power LLC to install a Wind Energy Generating Facility and Submarine Electric Cables, Gardiner’s Bay, 0.28 miles (1500-feet) offshore of Plum Island, 2.1 miles offshore of Orient Point, Town of Southold, Suffolk County, New York. 3. NYS DEC Notice of Shellfishing Areas In Cutchogue Harbor Area III. COMMUNICATIONS IV. DISCUSSION 1. 9:00 AM - Jim Dinizio ZBA 2. 9:30 AM - POSTPONED Until 7/17/07 CAC Update 3. Cell Tower Policy/Possible Moratorium 4. Schneider Ferry Traffic Study Bill 5. Peconic School Acquisition 6. Dredge Priority List - Per Councilman Krupski 7. Planning Director 8. No Parking At Bay Shore Road 9. Per Councilman Krupski Abandoned Moorings Mooring Code Southold Town Meeting Agenda - June 19, 2007 Page 3 Shellfish Code 10. Award Bid for HVAC - Animal Shelter 11. Beach Parking Daily Beach Permits - per Supervisor Russell Guest Passes Town Policy - Beaches, Ramps, etc - per Councilman Krupski 12. Officer Retirement From Police Department - Need New Hire 13. Water Map 14. Executive Session Acquisition of Property - per Town Attorney 15. 1:00 PM - Melissa Spiro Acquisition of Property 16. Executive Session Personnel 17. Rezoning of Abandoned Commercial Property (General Wayne Inn) - per Supervisor Russell OPENING STATEMENTS MINUTES APPROVAL Tuesday, April 10, 2007 V. RESOLUTIONS 2007-535 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit Dated June 19, 2007 RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby June 19, 2007. Southold Town Meeting Agenda - June 19, 2007 Page 4 Vote Record - Resolution RES-2007-535 ? 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 2007-536 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Next Meeting Tuesday, July 3, 2007 At 4:30 PM RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, July 3, 20074:30 P. M at the Southold Town Hall, Southold, New York at .. Vote Record - Resolution RES-2007-536 ? 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 2007-525 Tabled 6/5/2007 7:30 PM CATEGORY: Seqra DEPARTMENT: Town Attorney Finds that the Adoption of the Local Law Entitled “A Local Law In Relation to No Parking Area on Oak Street and Maple Street In Greenport During School Hours” is Classified As a Type II Action Pursuant to SEQRA Rules and Regulations RESOLVEDfinds that the adoption of that the Town Board of the Town of Southold hereby the local law entitled “A Local Law in relation to No Parking Area on Oak Street and Maple Street in Greenport During School Hours” 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. Southold Town Meeting Agenda - June 19, 2007 Page 5 Vote Record - Resolution RES-2007-525 ? 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 2007-537 CATEGORY: Employment - Town DEPARTMENT: Town Clerk Rescind Resolution No. 2007-515 (Duplicate) RESOLVEDrescinds Resolution No. that the Town Board of the Town of Southold hereby 2007-515 adopted at the June 6, 2007 Town Board meeting appointing Richard T. Olszweski and Stanley Zurek to the position of Part-Time Gatekeeper at the Cutchogue Transfer Station , effective June 8, 2007 at a rate of $12.01 per hour. The resolution is being rescinded because the correct version was adopted as Resolution No. 2007-516 at the June 6, 2007 Town Board meeting. . Vote Record - Resolution RES-2007-537 ? 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 2007-538 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Sign the 2007 Community Development Block Grant Program Agreement In Connection with the 2007 CDBG Program In the Amount of $136,000.00 RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to sign the 2007 Community Development Block Grant Program Agreement in connection with the 2007 CDBG Program in the amount of $136,000.00 , subject to the approval of the Town Attorney. Southold Town Meeting Agenda - June 19, 2007 Page 6 Vote Record - Resolution RES-2007-538 ? 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 2007-539 CATEGORY: Property Acquisition Purchase DEPARTMENT: Town Attorney Authorizes Given Associates to Prepare an Update of the 2005 Appraisal on the Property Known As 1000-61-1-3 Located Behind the Existing Town Hall Building RESOLVEDauthorizes Given that the Town Board of the Town of Southold hereby Associates to prepare an update of the 2005 appraisal on the property known as 1000-61-1-3 located behind the existing Town Hall building , at a cost not to exceed $1,500.00. Vote Record - Resolution RES-2007-539 ? 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 2007-540 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification 2006 PD Overtime RESOLVEDmodifies the 2006 that the Town Board of the Town of Southold hereby General Fund Whole Town budget as follows: To: A.3120.1.100.200 Police Full-time Overtime $ 2,011 From: A.9015.8.000.000 Police & Fire Retirement $ 2,011 Southold Town Meeting Agenda - June 19, 2007 Page 7 Vote Record - Resolution RES-2007-540 ? 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 2007-541 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Authorize the Closure of Case’s Lane, From Cedar Road to Main Road, Cutchogue, New York, From 7:00 A.M. to 5:00 P.M., Saturday, July 7, 2007, In the Interest of Public Safety During the Cutchogue- New Suffolk Historical Council “Annual Antiques Show and Sale” on the Village Green RESOLVEDauthorizes the closure of that the Town Board of the Town of Southold hereby Case’s Lane, from Cedar Road to Main Road, Cutchogue, New York, from 7:00 a.m. to 5:00 p.m., Saturday, July 7, 2007, in the interest of public safety during the Cutchogue-New Suffolk Historical Council “Annual Antiques Show and Sale” on the Village Green, provided they file with the Town Clerk a One Million Dollar Certificate of Liability Insurance naming the town of Southold as an additional insured and contact Capt. Flatley as soon as this resolution is approved to coordinate traffic control. Vote Record - Resolution RES-2007-541 ? 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 2007-542 CATEGORY: Property Acquisition Public Hearing DEPARTMENT: Land Preservation Pfeifle - Set Public Hearing Dev Rights Easement 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, July 3, 2007, at 4:35 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 a Southold Town Meeting Agenda - June 19, 2007 Page 8 development rights easement on property owned by Richard P. Pfeifle and Carlin A. Pfeifle. Said property is identified as part of SCTM #1000-97-4-19. The address is 825 Leslie Road, Cutchogue, New York. The property is located on the northerly side of Leslie Road, approximately 794 feet northeasterly from the intersection of Bay Avenue (Skunk Lane) and Leslie Road in Cutchogue in the A-C zoning district. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 9.8± acres of the 11.6± acre parcel. The exact area of the purchase is subject to a survey acceptable to the Land Preservation Committee, and the property owner. The purchase price is $78,000 (seventy-eight thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds. This acquisition may be eligible for partial reimbursement of the purchase price from an awarded federal grant. The property is listed on the Town’s Community Preservation Project Plan as property that should be preserved due to its agricultural value; 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-2007-542 ? 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 2007-543 CATEGORY: Employment - Town DEPARTMENT: Recreation Hire Summer Lifeguard/Rescind 6/5 Resolution Southold Town Meeting Agenda - June 19, 2007 Page 9 RESOLVEDappoint the following individual that the Town Board of the Town of Southold as a lifeguard for the period June 23 - September 3, 2007 as follows: STILLWATER LIFEGUARD HOURLY SALARY Christiana Marron (1st year) $ 12.17 RESOLVEDrescind the resolution dated June that the Town Board of the Town of Southold 5, 2007 that appointed the following individual as a lifeguard for the period June 23 - September 3, 2007 as follows: STILLWATER LIFEGUARD HOURLY SALARY Ryan Kraemer (4th year) $ 12.99 Mr. Kraemer has decided not to work as a lifeguard this summer as he has another full time job. Vote Record - Resolution RES-2007-543 ? 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 2007-544 CATEGORY: Property Acquisition Public Hearing DEPARTMENT: Land Preservation Stackler - Set Public Hearing RESOLVED that pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code, the Town Board of the Town of sets Tuesday, July 3, 2007, at 4:37 p.m., Southold Town Hall, 53095 Main Southold hereby Road, Southold, New York as the time and place for a public hearing for the purchase of properties owned by Stackler and others, or the successors thereto . Said properties are identified as SCTM #1000-53-1-18, #1000-47-2-33, #1000-47-2-34, #1000-45-5-7.1 and #1000- 45-5-7.2. The total area of the properties is 38.2± acres. The addresses of the properties are respectively 1653, 1650, 2075, 1650 Shore Drive and no # Silvermere Road in Greenport. The properties are located within the R-40 and R-80 zoning districts. The Stackler properties begin Southold Town Meeting Agenda - June 19, 2007 Page 10 approximately 569 feet south of Route 25, along the westerly side of Shore Drive where Shore Drive intersects with lands of Long Island Rail Road and are bordered on the east by Shore Drive, south by Pipes Cove, west by Pipes Neck Creek, and north by land of LIRR. ? The proposed acquisition is for the Town to acquire fee title to the entire 38.2 acres known as the Stackler Property for open space purposes. The exact area of the purchase is subject to a ? Town provided survey. The purchase price for the entire 38.2 acre property is $4,500,000 (four million five hundred thousand dollars) and the purchase will be funded by the Community Preservation Fund, and a $325,000 (three hundred twenty-five thousand dollar) donation from The Nature Conservancy. The Town may also be eligible for grant funding from The National Oceanic & Atmospheric Administration, Coastal Estuarine Land Conservation Program. The Stackler properties contain the existing road known as Shore Drive. Shore Drive provides access to existing residential dwellings. Once the acquisition is completed, the Town will own the road for purposes of access to the Town-owned open space. The existing residential dwellings will retain legal access over Shore Drive. The property is listed on the Town’s Community Preservation Project Plan as property that should be preserved for open space, park, nature preserve and passive recreational purposes, fresh and saltwater marsh and wetland protection, and the preservation of undeveloped beachland and shoreline. Proposed uses of the property may include the establishment of a nature preserve, passive recreational area with trails and limited parking for access purposes. The Nature Conservancy will be working in partnership with the Town to prepare a Pipes Cove/Arshamomaque Park Stewardship and Management Plan for preserved properties within the Pipes Cove area. As per Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5, the Land Preservation Coordinator has estimated that 11± Sanitary Flow Credits may be available for transfer from the properties upon the Town’s purchase of the properties. The transfer of the Sanitary Flow Credits into the Town TDR Bank will not be finalized, and Southold Town Meeting Agenda - June 19, 2007 Page 11 shall not occur, until the Town closes on the properties, and the Town Board passes a resolution allowing the transfer in the Town TDR Bank. 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-2007-544 ? 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 2007-545 CATEGORY: Retirement/Resignation DEPARTMENT: Police Dept Acknowledge Disability Retirement of Jennifer Combs RESOLVEDacknowledges the disability that the Town Board of the Town of Southold hereby retirement of Jennifer Combs from the Police Department, effective June 8, 2007. Vote Record - Resolution RES-2007-545 ? 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 2007-546 CATEGORY: Retirement/Resignation DEPARTMENT: Accounting Resignation of Albert Orlowski Southold Town Meeting Agenda - June 19, 2007 Page 12 RESOLVEDaccepts the resignation of that the Town Board of the Town of Southold hereby Albert Orlowski from the position of Guard/Gate Attendant in the Solid Waste Department , effective June 14, 2007. Vote Record - Resolution RES-2007-546 ? 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 2007-547 CATEGORY: Budget Modification DEPARTMENT: Town Clerk Budget Modification Media Traq RESOLVEDmodifies the 2007 that the Town Board of the Town of Southold hereby Whole Town budget as follows: From: A.1990.4.100.100 Unallocated C.E. Unallocated Contingencies $2,300.00 To: A.1410.4.400.500 Minute Tracking Software $2,300.00 Media Traq Video Streaming Vote Record - Resolution RES-2007-547 ? 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 2007-548 CATEGORY: Grants DEPARTMENT: Land Preservation NYS Parks, Rec & Historic Pres Grant Submission Southold Town Meeting Agenda - June 19, 2007 Page 13 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the The Nature Conservancy, on behalf of the Town of Southold, to submit a grant proposal requesting $500,000 from New York State Office of Parks, Recreation and Historic Preservation, under the Acquisitions Grant Program . This is a matching grant program for the acquisition of fee title to lands identified as high priority for protection in the Peconic Estuary’s Critical Lands Protection Program. Vote Record - Resolution RES-2007-548 ? 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 2007-549 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Community Development 2007 Youth Bureau Grant RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an Agreement with the County of Suffolk for the 2007 Youth Services grant in the amount of $10,316. for the term January 1, 2007 through December 31, 2007, all in accordance with the approval of the Town Attorney. Vote Record - Resolution RES-2007-549 ? 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 2007-550 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Grant Agreement Between the Town of Southold and the Federal Aviation Administration In Connection with Project No. 3-36-0029-14-07 for Airfield Lighting At Elizabeth Field Airport, Fishers Island, New York Southold Town Meeting Agenda - June 19, 2007 Page 14 RESOLVED authorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Grant Agreement between the Town of Southold and the Federal Aviation Administration in connection with Project No. 3-36-0029-14-07 for airfield lighting at Elizabeth Field Airport, Fishers Island, New York , subject to the approval of the Town Attorney. Vote Record - Resolution RES-2007-550 ? 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 2007-551 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Land Preservation USDA-NRCS Cooperative Agreement 2007 RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute a Cooperative Agreement between the United States of America Commodity Credit Corporation and the Town of Southold for the implementation of the United States Department of Agriculture – Natural Resources Conservation Service (USDA-NRCS) Federal Farm and Ranch Lands Protection Program FY 2007, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2007-551 ? 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 2007-552 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Sub-License Agreement Among the Town of Southold, the Suffolk County Real Property Tax Service Agency, and the Nature Conservancy, Southold Town Meeting Agenda - June 19, 2007 Page 15 for the Suffolk County GIS Basemap License Program RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Sub-License Agreement among the Town of Southold, the Suffolk County Real Property Tax Service Agency, and The Nature Conservancy, for the Suffolk County GIS Basemap License Program , for a term that will expire on December 31, 2011, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2007-552 ? 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 2007-553 CATEGORY: Grants DEPARTMENT: Community Development Peconic School Grant _NYS EPF Funds RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to sign a grant application for funds from the New York State Parks, Recreation and Historic Preservation Program , in accordance with the provisions of Title 9 of the Environmental Protection Act of 1993 or the Federal Land and Water Conservation Fund Act of 1965, in an amount not to exceed $300,000 and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to the Town of Southold for the acquisition of the Peconic Lane School Building and if appropriate, a conservation easement/preservation covenant to the deed of the assisted property. . Vote Record - Resolution RES-2007-553 ? 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 2007-554 Southold Town Meeting Agenda - June 19, 2007 Page 16 CATEGORY: Landfill Misc. DEPARTMENT: Solid Waste Management District SWD Account Collections RESOLVEDdeclares as uncollectible that the Town Board of the Town of Southold hereby the following past due amounts owed to the Solid Waste District, in accordance with a determination by the Town Attorney: Account # 1521: John Rutkowski in the amount of $309.62 Account # 1699: Stirling Harbor Trattoria in the amount of $76.82. Account # 5017: Thompson’s Emporium in the amount of $35.07 Vote Record - Resolution RES-2007-554 ? 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 2007-555 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute an Interagency Agreement with the County of Suffolk Through Its Duly Constituted Department of Fire, Rescue and Emergency Services and the Town of Southold RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an Interagency Agreement with the County of Suffolk through its duly constituted Department of Fire, Rescue and Emergency Services and the Town of Southold for the provision of an emergency generator for the Town of Southold at no cost to the Town, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2007-555 ? 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 - June 19, 2007 Page 17 2007-556 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Clerk Parking Conditions - FIFD RESOLVEDapproves of the conditions that the Town Board of the Town of Southold hereby set forth by the Fishers Island Ferry District in regard to parking areas owned by the Town of Southold, maintained and controlled by the Fishers Island Ferry District . They are as follows: 1. Parking will be allowed for automobiles, pickup trucks and standard size vans only. No large, commercial heavy duty trucks trailers, etc. will be allowed to park in these areas. 2. Any dumping of trash, abandoning vehicles of any type including boats and/or trailers will be subject to a fine of $1,000. Vote Record - Resolution RES-2007-556 ? 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 2007-557 CATEGORY: Bid Acceptance DEPARTMENT: Solid Waste Management District Town Garbage Bag Bid RESOLVED accepts the bid of that the Town Board of the Town of Southold hereby Phoenix Recycling, Inc. to supply the town with Town Garbage Bags in the amount of $86.80 per one thousand “small” bags, $185.50 per one thousand “medium” bags, and $241.80 per one thousand “large” bags, plus storage, distribution, and billing charges of $7.50, $26.00, and $65.00 respectively, all in accordance with the Town Attorney. Southold Town Meeting Agenda - June 19, 2007 Page 18 Vote Record - Resolution RES-2007-557 ? 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 2007-558 CATEGORY: Bid Acceptance DEPARTMENT: Solid Waste Management District MSW Transport and Disposal RESOLVED accepts the bid of that the Town Board of the Town of Southold hereby Trinity Transportation Corp. to supply the town with MSW Transportation and Disposal services, as detailed in the Town of Southold Bidders’ Solcitation for Solid Waste Haul and Disposal Services of May of 2007 in the Evaluation Unit Bid Price amount of $ $78.11 per ton. It is further RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Scott A. Russell to execute a contract with Trinity Transportation Services, Inc. for the provision of such MSW Transportation and Disposal Services, subject to the review and approval of the Town Attorney. Vote Record - Resolution RES-2007-558 ? 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 2007-559 CATEGORY: Bid Acceptance DEPARTMENT: Town Attorney Accepts and Awards the Low Bid of Burt’s Reliable, Inc. In the Reduced Amount of $316,975.00 for HVAC and Mechanical Systems Work In Connection with a New Southold Town Animal Shelter Southold Town Meeting Agenda - June 19, 2007 Page 19 RESOLVEDaccepts and awards the low that the Town Board of the Town of Southold hereby bid of Burt’s Reliable, Inc. in the reduced amount of $316,975.00 for HVAC and mechanical systems work in connection with a new Southold Town Animal Shelter , subject to entering into a contract with the approval of the Town Attorney. Vote Record - Resolution RES-2007-559 ? 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 2007-560 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Clerk Submit Grant Application for Nysdec RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Mark Terry, LWRP Coordinator on behalf of the Town of Southold, to submit a grant proposal request to The New York State Department of Environmental Conservation under the Aquatic Invasive Species Eradication Grant Program for the eradication of the invasive plant species Phragmites australis on Town owned land . The Town of Southold will satisfy the (50) percent match requirement with in-kind services. Vote Record - Resolution RES-2007-560 ? 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 2007-561 CATEGORY: Bid Acceptance DEPARTMENT: Town Clerk Animal Shelter HVAC Southold Town Meeting Agenda - June 19, 2007 Page 20 RESOLVEDaccepts and awards the bid that the Town Board of the Town of Southold hereby of Burt’s Reliable, Inc. in the amount of $340,975.00 for HVAC work in connection with a new Southold Town Animal Shelter , subject to entering into a contract with the approval of the Town Attorney. Vote Record - Resolution RES-2007-561 ? 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 2007-562 CATEGORY: Legal DEPARTMENT: Town Clerk Retain Mary Eisenstein RESOLVEDretains Mary Eisenstein to that the Town Board of the Town of Southold perform employee mediation services at the rate of $125.00 per hour. Vote Record - Resolution RES-2007-562 ? 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 2007-563 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Clerk Cell Tower LL 7/17/07 4:35 Pm WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk “Temporary County, New York, on the 19th day of June, 2007, a Local Law entitled, Moratorium on the Processing, Review of, and making Decisions on applications for Building Permits, Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold” ; now therefore, be it Southold Town Meeting Agenda - June 19, 2007 Page 21 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 17th day of July 2007 at 4:35 p.m. at which time all interested persons will be given an opportunity to be heard. “Temporary Moratorium on the Processing, Review of, The proposed Local Law entitled, and making Decisions on applications for Building Permits, Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold” reads as follows: LOCAL LAW NO. _______ 2007 Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Building Permits, Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold. BE IT ENACTED BY the Town Board of the Town of Southold as follows: Section 1. PURPOSE AND INTENT The Town Board is considering the important implications of the recent proliferation of wireless communication facilities projects within the Town, including already constructed cell towers, towers currently under Town review and proposed cell tower projects. The Town Board believes that a haphazard, piecemeal approach to the proliferation of such towers could be detrimental to the character of the Town, including its active farmland, open spaces, scenic byways and vistas, all of which the Town has expended substantial resources to preserve, cultivate and maintain. The Town Board recognizes that the existing Zoning Code is inadequate to deal with the inherent conflict between the need for cell towers, for emergency and other communication purposes, and the Town’s other planning goals. The size and scale of the Town, the scale of its agricultural and rural history, and the long-range goals of the Town (as set forth in the recently adopted Hamlet Study and other past planning studies) dictate that wireless communication facilities should be placed in a strategic manner so as to coexist as peacefully as possible with the Town’s historical, agricultural and Southold Town Meeting Agenda - June 19, 2007 Page 22 rural culture. Regulations on the size, location and appearance of wireless communication facilities are necessary to address the problems these structures create. It is critical that the issues be handled in a comprehensive manner, crucial legislative decisions made and those decisions implemented. The Town is establishing a Wireless Communication Facility Task Force to work with the Planning Board, Planning Department and the Town Attorney to review the locations, size and appearance of cell towers, to update and create new legislation that will comprehensively meet the long-range goals of the Town. The Town Board finds that it is reasonable and in the public interest to temporarily suspend the application process for wireless communication facilities so that it has adequate time to examine, assess and address these uses that would otherwise be detrimental to the community. For the reasons stated above and to permit the Town Board to decide on and enact needed legislation, this moratorium is necessary. Section 2. ENACTMENT OF TEMPORARY MORATORIUM For a period of One Hundred Eighty (180) Days following the effective date of this Local Law after which date this Local Law shall lapse and be without further force and effect and subject to any other Local Law adopted by the Town Board during the One Hundred Eighty (180) Day period: 1) the Planning Board shall not accept for review, continue review, hold a hearing or make any decision upon any application for a site plan containing a WIRELESS COMMUNICATION FACILITY, whether submitted prior to or after the effective date of this law, and shall not be subject to the time periods specified in Town Law §274-a and Article XXV of the Southold Town Code, including without limitation, provisions relating to the processing, reviewing, holding of hearings and the rendering of decisions. The statutory and locally- enacted time periods for processing and making decisions on all aspects of said site plan applications are suspended and stayed while this Local Law is in effect. All terms used in this Local Law are as defined in §280-4 of the Code of the Town of Southold. Southold Town Meeting Agenda - June 19, 2007 Page 23 2) The Zoning Board of Appeals shall not accept for review, continue review, hold a hearing on, continue a hearing or make any decision upon any application for a special exception use permit containing a WIRELESS COMMUNICATION FACILITY, whether submitted prior to or after the effective date of this law, and shall not be subject to the time periods specified in Town Law §274-b and Chapter 280 of the Southold Town Code, including without limitation, provisions relating to the processing, reviewing, holding of hearings and the rendering of decisions. The statutory and locally-enacted time periods for processing and making decisions on all aspects of said special exception use permits are suspended and stayed while this Local Law is in effect. All terms used in this Local Law are as defined in §280-4 of the Code of the Town of Southold. 3) The Building Inspector shall not accept for review, continue review or make any determination upon any application for a building permit proposing a WIRELESS COMMUNICATION FACILITY, whether submitted prior to or after the effective date of this law, and shall not be subject to the time periods specified in Town Law §274-a, Chapter 280 and Article XXV of the Southold Town Code, including without limitation, provisions relating to the processing, reviewing and the rendering of determinations. The statutory and locally- enacted time periods for processing and making determinations on all aspects of said building permit applications are suspended and stayed while this Local Law is in effect. All terms used in this Local Law are as defined in §280-4 of the Code of the Town of Southold. Section 3. APPLICATION This Local Law shall apply to ALL [new or pending] applications for site plans or special exception use permits for WIRELESS COMMUNICATION FACILITIES in the Town of Southold. Section 4. EXCLUSIONS Southold Town Meeting Agenda - June 19, 2007 Page 24 This Local Law shall not apply to: 1) Site plans for which final or conditional final approval was granted by the Planning Board prior to the effective date of this Local Law. Section 5. CONFLICT WITH STATE STATUTES AND AUTHORITY TO SUPERSEDE To the extent that any provisions of this Local Law are in conflict with or are construed as inconsistent with the provisions of New York State Town Law, this Local Law supersedes, amends and takes precedence over NYS Town Law pursuant to the Town’s municipal home rule powers, pursuant to Municipal Home Rule Law §10(1)(ii)(d)(3); §10(1)(ii)(a)(14) and §22 to supersede any inconsistent authority. In particular, to the extent and degree any provisions of this Local Law are construed as being inconsistent with the provisions of Town Law §274-a, §274-b and the provisions and requirements set forth in Chapter 280 of the Southold Town Code, which require that the Planning Board or Zoning Board of Appeals process, review, hold hearings on, and act upon applications for site plans and special exception use permits within specified time periods, this Local Law suspends and stays the running of time periods for processing, review, holding hearings on, making decisions, and taking action on such applications provided for in those laws and is intended to supersede and amend any said inconsistent authority. Section 6. APPEAL PROCEDURES a. The Town Board shall have the authority to vary or waive the application of any provision of this Local Law if, in its legislative discretion, upon its determination, the variance or waiver is required to alleviate an extraordinary hardship affecting a parcel of property. To grant such request, the Town Board must find that a variance or waiver will not adversely affect the purpose of this Local Law, the health, safety or welfare of the Town of Southold, or any comprehensive planning efforts being undertaken in the Town. The Town Board shall take into account the existing land use in the immediate vicinity of the property, the range of business opportunities in the vicinity of the property and the surrounding hamlet, the rural, cultural, historic and business character of the hamlet, and the impact of the variance or waiver on the Southold Town Meeting Agenda - June 19, 2007 Page 25 open and recreational space, and transportation infrastructure of the Town. The application must comply with all other applicable provisions of the Southold Town Code. b. Any request for a variance or waiver shall be filed with the Town Clerk and shall include a fee of two hundred fifty ($250.00) dollars for the processing of such application, along with copies of the site development plan and any related information required in accordance with the procedures set forth in Chapter 280 of the Southold Town Code. c. All such applications shall, within five (5) days of filing with the Town Clerk be referred to the Planning Board, which shall have ten (10) days following receipt to make a recommendation to approve or disapprove a variance or waiver of this Local Law. The application and recommendation shall be transmitted to the Town Board. The Town Board may conduct a public hearing and make a final decision on the application, with or without conditions. Final approval is reserved to the absolute legislative discretion of the Town Board Section 7. 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. Section 8. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Vote Record - Resolution RES-2007-563 ? 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 2007-564 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Clerk LL Daily Parking Permits 7/17/07 4:40 Pm Southold Town Meeting Agenda - June 19, 2007 Page 26 WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk th “A Local Law in County, New York, on the 19 day of June, 2007 a Local Law entitled relation to One-Day Nonresident Parking Permits” 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 th 17 day of July, 2007 at 4:40 p.m. at which time all interested persons will be given an opportunity to be heard. “A Local Law in relation to One-Day Nonresident Parking The proposed Local Law entitled, Permits” reads as follows: LOCAL LAW NO. 2007 “A Local Law in relation to One-Day Nonresident Parking Permits” A Local Law entitled, . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose – To restrict the sale of parking permits at beaches to be available from the Town Clerk and the Town beach attendants only, in order to provide for better control of issuance of permits and to alleviate congestion in certain parking areas of Town. II. Chapter 189 of the Parking Code of the Town of Southold is hereby amended as follows: §189-3(D). One-day nonresident permits. (1) One-day nonresident parking permits may be issued for the parking of vehicles on the parking areas at Southold Town Beach, Norman E. Klipp Marine Park and New Suffolk Beach to any person, by the attendant on duty at such parking areas, or by the Town Clerk.and also shall be sold in books of 50 permits to the proprietors of the following recreational businesses: bike rentals, kayak rentals and fishing stations. III. SEVERABILITY Southold Town Meeting Agenda - June 19, 2007 Page 27 If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Vote Record - Resolution RES-2007-564 ? 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 2007-565 CATEGORY: Seqra DEPARTMENT: Town Clerk The Adoption of the “Town of Southold Housing Implementation Plan” is Classified As a Type II Action Pursuant to SEQRA Rules and Regulations RESOLVEDfinds that the adoption of the that the Town Board of the Town of Southold hereby “Town of Southold Housing Implementation Plan” 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-2007-565 ? 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 2007-566 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Adopt Housing Implementation Plan Southold Town Meeting Agenda - June 19, 2007 Page 28 RESOLVEDadopts the Housing that the Town Board of the Town of Southold hereby Implementation Plan dated May 29, 2007. Vote Record - Resolution RES-2007-566 ? 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 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. 1. Sets June 19, 2007, At 4:45 P.M., Located At Town Hall, 53095 Main Road, Southold, New York, As the Time and Place for a Public Hearing on the Adoption of the Town of Southold Housing Implementation Plan CLOSING STATEMENTS 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