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HomeMy WebLinkAboutAG-01/02/2008ELIZABETH 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 www.southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER AGENDA SOUTHOLD TOWN BOARD January 2, 2008 4:30 PM 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. I. CALL TO ORDER 4:30 PM Meeting called to order on January 2, 2008 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Present Absent Late Arrival Councilman William Ruland ??? Councilman Vincent Orlando ??? Councilman Albert Krupski Jr. ??? Councilman Thomas H. Wickham ??? Justice Louisa P. Evans ??? Supervisor Scott Russell ??? Town Clerk Elizabeth A Neville ??? Assistant Town Attorney Kieran Corcoran ??? II. COMMUNICATIONS III. PUBLIC NOTICES 1. Renewal with NYS Liquor Authority Baldy Grimaldi Inc d/b/a Island End Golf & Country Club, Rt. 25, Greenport IV. DISCUSSION 1. Peconic School Capital Project 2. Elimination of Town Hall Capital Project Southold Town Meeting Agenda - January 2, 2008 Page 2 3. Lydia Tortora Confidential Secretary Ethics Board Secretary 4. Zba Appointment of Chairperson 5. Planning Board Appointment of Chairperson 6. Planning Department 1. Staffing Needs 2. Goals for 2008 3. Department functions/Process 7. Leave of Absence Request 8. Dept of State Denial of application for groin in New Suffolk 9. Animal Shelter Contract 10. Cell Tower Moratorium V. Resolutions 2008-63 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Land Preservation Lisa Kombrink Retainer Agreement WHEREAS , the Land Preservation Committee has made a recommendation to the Town Board that the Town Board engage outside legal counsel to prepare contracts for and to provide legal services with regard to farmland acquisitions; and, WHEREAS, funding for such legal counsel is provided for and will be charged to the appropriate Community Preservation Fund budget line (H3.8660.2.500.100); now, therefore, be it Southold Town Meeting Agenda - January 2, 2008 Page 3 RESOLVEDengages the professional that the Town Board of the Town of Southold hereby services of Lisa Clare Kombrink, Esquire, to provide legal counsel to the Land Preservation Committee at a municipal rate of $195.00 per hour for preparing contracts for and to provide legal services with regard to the farmland acquisitions, and to assist in any other matter related to the Town’s land preservation program. Attorney Cindy Tzerman who assists Ms. Kombrink on certain research matters as needed will be billed at $175.00 per hour, and time for paralegals will be billed at $90.00 per hour. Additional expenses subject to reimbursement shall include travel time, long distance telephone calls, telecopies, photocopying and printing fees. Vote Record - Resolution RES-2008-63 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland ?? Adopted as Amended ???????? Vincent Orlando ?? Defeated ?????????? Tabled Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell 2008-64 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Land Preservation Mary C. Wilson Retainer Agreement WHEREAS , the Land Preservation Committee has made a recommendation to the Town Board that the Town Board engage outside legal counsel to prepare contracts for and to provide legal services with regard to open space acquisitions; and, WHEREAS, funding for such legal counsel is provided for and will be charged to the appropriate Community Preservation Fund budget line (H3.8660.2.500.100); now, therefore, be it RESOLVEDengages the professional that the Town Board of the Town of Southold hereby services of Mary C. Wilson, Esquire, to provide legal counsel to the Land Preservation Southold Town Meeting Agenda - January 2, 2008 Page 4 Committee at an hourly rate of $195.00 per hour to prepare contracts for and to provide legal services with regard to open space acquisitions, and any other matter related to the Town’s land preservation program. Additional expenses subject to reimbursement shall include travel time, long distance telephone calls, telecopies, photocopying and printing fees. Vote Record - Resolution RES-2008-64 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland ?? Adopted as Amended ???????? Vincent Orlando ?? Defeated ?????????? Tabled Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell 2008-65 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Land Preservation Peconic Land Trust Professional Services Agreement RESOLVED engages the professional that the Town Board of the Town of Southold hereby services of the Peconic Land Trust, Incorporated to perform Conservation Planning, Acquisition, and Professional Services related to the Town’s land preservation efforts, and authorizes the Supervisor to sign the agreement between the Peconic Land Trust, Incorporated and the Town of Southold , subject to review of the contract language by the Town Attorney. Compensation shall not exceed sixty thousand ($60,000.00) dollars and the contract term shall be from January 1, 2008 to December 31, 2008. Vote Record - Resolution RES-2008-65 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland ?? Adopted as Amended ???????? Vincent Orlando ?? Defeated ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell 2008-66 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Land Preservation The Nature Conservancy 2008 Contract Southold Town Meeting Agenda - January 2, 2008 Page 5 RESOLVED that the Town Board of the Town of Southold hereby engages the professional services of The Nature Conservancy to perform Conservation Planning, Acquisition, and Professional Services related to the Town’s land preservation efforts within the Pipes Cove area, and authorizes the Supervisor to sign the agreement between The Nature Conservancy and the Town of Southold, subject to review of the contract language by the Town Attorney. Compensation shall be for direct travel expenses and for employee time at an hourly rate and shall not exceed twenty thousand ($20,000.00) dollars. The contract term shall be from January 1, 2008 to December 31, 2008. Invoices submitted under the terms of this contract shall be a legal charge to the 2008 Community Preservation Fund budget H3.8710.2.400.100 (Land Use Consultants). Vote Record - Resolution RES-2008-66 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland ?? Adopted as Amended ???????? Vincent Orlando ?? Defeated ?????????? Tabled Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell 2008-67 CATEGORY: Authorize to Bid DEPARTMENT: Public Works Town Hall Roof RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise for bids for the replacement and reconstruction of the Southold Town Hall Roof System, 53095 Main Road, Southold, NY, in accordance with the plans and specifications prepared by James A. Richter, R.A., Southold Town Engineering Department. Vote Record - Resolution RES-2008-67 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland ?? Adopted as Amended ???????? Vincent Orlando ?? Defeated ?????????? Tabled Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell 2008-68 CATEGORY: Budget Modification Southold Town Meeting Agenda - January 2, 2008 Page 6 DEPARTMENT: Accounting Amend CDBG Budget Modification of August 28, 2007 RESOLVEDamends resolution number that the Town Board of the Town of Southold hereby 2007-698, adopted at the regular meeting of the Southold Town Board on August 28, 2007, to read as follows: RESOLVEDmodifies the 2003 that the Town Board of the Town of Southold hereby Community Development Block Grant Program Budget as follows: From: Cutchogue Drainage Project FY 2003 $5,000 To: Home Improvement Program FY 2003 $5,000 Vote Record - Resolution RES-2008-68 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland ?? Adopted as Amended ???????? Vincent Orlando ?? Defeated ?????????? Tabled Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell 2008-69 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Recreation Hire Instructor Winter 2008 RESOLVEDauthorizes and directs Supervisor that the Town Board of the Town of Southold Scott A. Russell to execute an agreement with the following individual for the winter 2008 recreation programs , all in accordance with the approval of the town attorney. Funding for the instructors listed below has been budgeted for in the recreation department's 2008 instructor line A7020.4.500.420. Amy Preston (Fishers Island Dog Obedience).............................. $125/person Southold Town Meeting Agenda - January 2, 2008 Page 7 Vote Record - Resolution RES-2008-69 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland ?? Adopted as Amended ???????? Vincent Orlando ?? Defeated ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell 2008-70 CATEGORY: Bid Acceptance DEPARTMENT: Highway Department Accept Bid for Pickup with Snow Plow RESOLVED accepts the bid of Stevens that the Town Board of the Town of Southold hereby Ford, of Patchogue, New York, for the purchase of one (1) 2008 Ford F-250 pickup truck, with 9’ Fisher snow plow, in the amount of $28,295.00 (plus $500.00 additional for diamond plate running boards), for use by the Southold Town Highway Department, subject to the approval of the Town Attorney; and be it FURTHER RESOLVED that the appropriation line to be charged will be as follows: Highway Fund Part-Town line item DB.5130.2.300.100 Machinery Equipment & Capital Outlay Motor Vehicles Light Duty Vehicles Vote Record - Resolution RES-2008-70 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland ?? Adopted as Amended ???????? Vincent Orlando ?? Defeated ?????????? Tabled Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell 2008-71 CATEGORY: Bid Acceptance DEPARTMENT: Highway Department Accept Bid Brush Chipper RESOLVED accepts the bid of Trius, that the Town Board of the Town of Southold hereby Southold Town Meeting Agenda - January 2, 2008 Page 8 Inc., of Bohemia, New York, for the purchase of one (1) DC-50 Cone-Head Brush Chipper, in the amount of $24,995.00, for use by the Southold Town Highway Department, subject to the approval of the Town Attorney; and be it FURTHER RESOLVED that the appropriation line to be charged will be as follows: Highway Fund Part-Town line item DB.5130.2.300.200 Machinery Equipment & Capital Outlay Motor Vehicles Heavy Duty Vehicles Vote Record - Resolution RES-2008-71 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland ?? Adopted as Amended ???????? ??Vincent Orlando Defeated ?????????? Tabled Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell 2008-72 CATEGORY: Bid Acceptance DEPARTMENT: Highway Department Accept Gasoline and Diesel Bids RESOLVEDaccepts the bid[s] of Petro that the Town Board of the Town of Southold hereby Commercial Services, at a price of $0.1285 fixed differential over the Northville Rack Price, for supplying the Town of Southold with both Unleaded Gasoline [Ethanol] and Unleaded Plus Gasoline [Ethanol], respectively, for the 2008 year, all in accordance with the Town Attorney. RESOLVED accepts the bid of Petro that the Town Board of the Town of Southold hereby Commercial Services, at a price of $0.1285 fixed differential over the Northville Rack Price, for supplying the Town of Southold with #16 diesel fuel ULSD for the 2008 year, all in accordance with the Town Attorney. Southold Town Meeting Agenda - January 2, 2008 Page 9 Vote Record - Resolution RES-2008-72 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland ?? Adopted as Amended ???????? Vincent Orlando ?? Defeated ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell 2008-73 CATEGORY: Budget Modification DEPARTMENT: Human Resource Center Bud Mod HRC - RESOLVEDmodifies the 2007 that the Town Board of the Town of Southold hereby General Fund Whole Town budget as follows: From: Appropriations Programs for the Aging A.6772.2.500.700 Other Equipment $ 1,300.00 Kitchen Equipment To: Programs for the Aging Appropriations Contractual Expense A.6772.4.100.120 Adult Day Care Supplies $100.00 A.6772.4.200.100 Utilities Cellular Phone Service $450.00 A.6772.4.400.675 Contracted Svcs. Dishwashing $100.00 A.6772.4.600.300 Misc Travel Reimbursement $650.00 Vote Record - Resolution RES-2008-73 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland ?? Adopted as Amended ???????? Vincent Orlando ?? Defeated ?????????? Tabled Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell 2008-74 CATEGORY: Advertise Southold Town Meeting Agenda - January 2, 2008 Page 10 DEPARTMENT: Town Clerk Advertise Senior Planner RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise for the position of Senior Planner in accordance with the salary schedule in effect or agreed upon by the Town of Southold and CSEA. Vote Record - Resolution RES-2008-74 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland ?? Adopted as Amended ???????? Vincent Orlando ?? Defeated ?????????? Tabled Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell 2008-75 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Goldsmith’s Inlet Dredging RESOLVEDhereby authorizes Latham Sand that the Town Board of the Town of Southold & Gravel, Inc. and Chesterfield Assoc., Inc. to perform maintenance dredging work at Goldsmith’s Inlet , all at the rates set forth in the competitively-awarded Suffolk County Rate Schedule for Construction Equipment Services, in connection with dredging for 2007-2008, for approximately six (6) days of dredging work at a total daily cost of $6,170.00 per day, all to be completed at a total cost not to exceed the currently-budgeted amount of Forty Thousand ($40,000.00) Dollars. Vote Record - Resolution RES-2008-75 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland ?? Adopted as Amended ???????? Vincent Orlando ?? Defeated ?????????? Tabled Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell 2008-76 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney Southold Town Meeting Agenda - January 2, 2008 Page 11 Set PH for Cell Tower Moratorium WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk “Temporary County, New York, on the 2nd day of January, 2008, 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 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 29 day of January, 2008, at 7:35 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. _ __ of 2007 Temporary Moratorium on the Processing, Review of, and making A Local Law entitled, “ 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: I. 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 Southold Town Meeting Agenda - January 2, 2008 Page 12 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 rural culture. Regulations on the size, location and appearance of wireless communication facilities are necessary to address the problems these structures create. On July 31, 2007, the Town of Southold adopted a 180-day moratorium on all new wireless communication facilities. The Town Board intended to use the time to formulate a comprehensive plan for wireless facilities, to review the locations, size and appearance of cell towers, and to update and create new legislation to comprehensively meet the long-range goals of the Town. During the moratorium period, the Town retained a new Director of the Planning Department. The Director solicited proposals from several wireless consultants to assist the Town with the aforementioned plan. The Town Board retained one of the consultants who has started work, but has indicated a report and recommendations will not be provided prior to March 3, 2008. The Town Board finds it reasonable and in the public interest to extend the moratorium period for one additional one hundred and eighty (180) days beyond the original expiration period. This will provide the Town adequate time to examine the consultant recommendations, and draft and adopt necessary code amendments. II. A new Article XXX of Chapter 280 of the Code of the Town of Southold is hereby enacted as follows: ARTICLE XXX Moratorium §280-165. Enactment of Temporary Moratorium. For a period of One Hundred Eighty (180) Days following the effective date of Southold Town Meeting Agenda - January 2, 2008 Page 13 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. 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 Southold Town Meeting Agenda - January 2, 2008 Page 14 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. §280-166. 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. §280-167. Exclusions. 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. 2) Applications for co-location of wireless telecommunication facilities inside a permitted tower, with no component parts visible from the exterior. §280-168. 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 Southold Town Meeting Agenda - January 2, 2008 Page 15 and is intended to supersede and amend any said inconsistent authority. §280-169. 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 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. 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. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Southold Town Meeting Agenda - January 2, 2008 Page 16 Vote Record - Resolution RES-2008-76 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland ?? Adopted as Amended ???????? Vincent Orlando ?? Defeated ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell 2008-77 CATEGORY: Recommendations DEPARTMENT: Town Attorney Cell Tower SCPD & STPB Recommendations RESOLVEDdirects the Town Clerk to that the Town Board of the Town of Southold hereby transmit the proposed Local Law entitled, “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” to the Suffolk County Planning Department and the Southold Town Planning Board for their recommendations. Vote Record - Resolution RES-2008-77 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland ?? Adopted as Amended ???????? Vincent Orlando ?? Defeated ?????????? Tabled Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell 2008-78 CATEGORY: Employment - Town DEPARTMENT: Town Attorney Appoint Hearing Officer WHEREAS , the Town Board wishes to appoint a Hearing Officer to consider disciplinary charges against an employee pursuant to the Civil Service Law; NOW, THEREFORE, BE IT RESOLVED , that the Town Board hereby agrees to hire Valerie Marvin, Esq. as Hearing Officer in the disciplinary charges brought against a Town employee; and Southold Town Meeting Agenda - January 2, 2008 Page 17 BE IT FURTHER RESOLVED , that the Town Board hereby authorizes the suspension (including without pay for up to 30 days) of this employee following the service upon the employee of disciplinary charges, pending the final determination of those charges; and BE IT FURTHER RESOLVED , that the Town Clerk be directed to forward a copy of this resolution to Richard Zuckerman, Esq. Vote Record - Resolution RES-2008-78 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland ?? Adopted as Amended ???????? ??Vincent Orlando Defeated ?????????? Tabled Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell 2008-79 CATEGORY: Employment - Town DEPARTMENT: Town Attorney Denial of Leave RESOLVEDdenies the request of Part- that the Town Board of the Town of Southold hereby time Mini-Bus Driver Beatrice Freeman for a leave of absence . Vote Record - Resolution RES-2008-79 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland ?? Adopted as Amended ???????? Vincent Orlando ?? Defeated ?????????? Tabled Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell 2008-80 CATEGORY: Employment - Town DEPARTMENT: Supervisor LOA - Tortoria RESOLVEDauthorizes a six month that the Town Board of the Town of Southold hereby unpaid leave of absence, pursuant to the FMLA, effective December 7, 2007 for Lydia Southold Town Meeting Agenda - January 2, 2008 Page 18 Tortoria, Confidential Secretary for the Southold Town Supervisor. Vote Record - Resolution RES-2008-80 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland ?? Adopted as Amended ???????? Vincent Orlando ?? Defeated ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell