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HomeMy WebLinkAboutAG-01/29/2008ELIZABETH 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 29, 2008 7:30 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. CALL TO ORDER 7:30 PM Meeting called to order on January 29, 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 ??? Town Attorney Patricia A Finnegan ??? I. REPORTS 1. Town Clerk 2007 Year End Report 2. Recreation Center Monthly Report December 2007 3. Judge Price December 2007 II. PUBLIC NOTICES 1. NYSDEC Notice of Complete Application Shillo Property Southold Town Meeting Agenda - January 29, 2008 Page 2 2. Renewal with NYS Liquor Authority Baiting Hollow Farm Vineyard, LLC, 35 Cox Rd., Mattituck - renewal of winery license Orient by the Sea Marina (MGH Enterprises), Main Rd., Orient - renwal of summer liquor license East End Vineyards, LLC, d/b/a Clovis Point, 35 Cox Neck Rd., Mattituck - renwal of special farm winery license R J Heaney Inc. d/b/a Skippers Restaurant, 4545 Route 25, Greenport - renewal of liquor license Cliff's Elbow Room Inc., Cliff's Elbow Too!, 1085 Franklinville Rd., Laurel - renewal of liquor license III. COMMUNICATIONS IV. DISCUSSION 1. 9:00 AM - Workforce Violence Prevention Plan Building Use Policy Kieran Corcoran & Phillip Beltz 2. 9:30 AM - Planning Board EPF Grant Update & Match Request Heather Lanza & Mark Terry 3. Dredge Committee Councilman Krupski 4. Channel Markers Councilman Krupski 5. Proposed Tax Reduction for 1St Time Buyers (Re-Visit) 6. Seaview Bicycle Trails Maps 7. 12:30 PM - Executive Session Property Acquisition Tim Caufield & Stephen Searl 8. Executive Session Discipline of Employee 9. Home Rule Requests 1. To create the Peconic Bay regional transportation council Southold Town Meeting Agenda - January 29, 2008 Page 3 2. Require any local law or amendment to a local law relating to the Peconic Bay community preservation funds shall be subject to a mandatory referendum 3. Amend the tax law, in relation to the enforcement of the tax on real estate transfers in the Peconic Bay region and authorizing said towns to enter into cooperative agreements with the department of taxation and finance for the enforcement of said tax. 4. To permit towns and villages in the Peconic Bay region to assess special development fees in connection with the issuance of building permits V. RESOLUTIONS 2008-115 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit 1/29/08 RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby January 29, 2008. Vote Record - Resolution RES-2008-115 ? 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 2008-116 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Next Board Meeting 2/12/08 4:30 Pm RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, February 12, 2008 at the Southold Town Hall, Southold, New York at 4:30 P. M.. Vote Record - Resolution RES-2008-116 ? 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 Southold Town Meeting Agenda - January 29, 2008 Page 4 2008-117 CATEGORY: Authorize to Bid DEPARTMENT: Public Works DPW Vehicle RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise for bids for a new 2007 Sports Utility Vehicle, for use by the Department of Public Works. Vote Record - Resolution RES-2008-117 ? 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 2008-118 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute a Contract Between the Town of Southold Police Department and PropertyRoom.Com, Inc. RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute a Contract between the Town of Southold Police Department and PropertyRoom.com, Inc. regarding online auctioning services for a period of one year commencing on January 1, 2008, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2008-118 ? 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 2008-119 CATEGORY: Attend Seminar DEPARTMENT: Police Dept Grant Permission to Public Safety Dispatcher I Donna L. Klug to Attend Advanced Emergency Medical Dispatcher Training Southold Town Meeting Agenda - January 29, 2008 Page 5 RESOLVED grants permission to Public that the Town Board of the Town of Southold hereby Safety Dispatcher I Donna L. Klug to attend an Advanced EMD (Emergency Medical Dispatch) training at Suffolk County Fire Rescue, Yaphank, NY commencing on Monday, February 11 through Wednesday February 13, 2008. All expenses for registration and travel to be a legal charge to the 2008 Public Safety Communications budget line A.3020.2.200.700. Vote Record - Resolution RES-2008-119 ? 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 2008-120 CATEGORY: Budget Modification DEPARTMENT: Accounting Create Capital Budget for PC’s, Printers, Laptops RESOLVED authorizes the that the Town Board of the Town of Southold hereby establishment of the following Capital Project in the 2008 Capital Budget : Capital Project Name: PC’s, printers, laptops Financing Method: Transfer from General Fund Whole Town Budget: Revenues: H.5031.35 Interfund Transfers $20,200 Appropriations: H.1680.2.600.100 Data Processing Capital Outlay Workstations and Printers $20,200 Vote Record - Resolution RES-2008-120 ? 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 Southold Town Meeting Agenda - January 29, 2008 Page 6 2008-121 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Agreement Between the Town of Southold and Erika Nadeau RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Agreement between the Town of Southold and Erika Nadeau for court reporting services for the Zoning Board of Appeals of the Town of Southold, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2008-121 ? 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 2008-122 CATEGORY: Employment - Town DEPARTMENT: Police Dept Advertise for Traffic Control Officers for the 2008 Season RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise for two (2) weeks for Traffic Control Officers for the 2008 summer season at the hourly wage of $14.67 per hour. Applications must be received by Monday, March 3, 2008. Vote Record - Resolution RES-2008-122 ? 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 2008-123 CATEGORY: Employment - Town DEPARTMENT: Police Dept Southold Town Meeting Agenda - January 29, 2008 Page 7 Advertise for Seasonal Police Officers RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise for two (2) weeks for Seasonal Police Officers for the 2009 summer season. Attendance at the Suffolk County Police Academy for training to commence in the fall of 2008. Applications must be received by Monday, March 3, 2008. Vote Record - Resolution RES-2008-123 ? 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 2008-125 CATEGORY: Budget Modification DEPARTMENT: Accounting Create Road End Restoration Capital Project RESOLVED authorizes the that the Town Board of the Town of Southold hereby establishment of the following Capital Project in the 2008 Capital Budget: Capital Project Name: Bay Ave. Road Restoration Financing Method: Transfer from General Fund Whole Town Budget: Revenues: H.5031.50 Interfund Transfers $7,500 Appropriations: H.1490.2.600.100 Public Works Capital Outlay Road End Restorations $7,500 Vote Record - Resolution RES-2008-125 ? 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 2008-126 Southold Town Meeting Agenda - January 29, 2008 Page 8 CATEGORY: Retirement/Resignation DEPARTMENT: Accounting Resignation of Elizabeth Simcik RESOLVEDaccepts the resignation of that the Town Board of the Town of Southold hereby _Elizabeth Simcik from the position of Home Health Aide in the Human Resource Department , effective January 22, 2008. Vote Record - Resolution RES-2008-126 ? 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 2008-127 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Accounting Agreement with BNB for Merchant Services RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute a Merchant Services agreement with Bridgehampton National Bank in connection with credit card processing, all in accordance with the approval of the Town Attorney. Vote Record - Resolution RES-2008-127 ? 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 2008-128 CATEGORY: Authorize to Bid DEPARTMENT: Highway Department Advertise for Dump Truck Highway RESOLVED: authorizes and directs the that the Town Board of the Town of Southold hereby Southold Town Meeting Agenda - January 29, 2008 Page 9 Town Clerk to advertise for bids for one new (1) 2007 or 2008 Diesel-powered Tri-axle Dump Truck, or equal, for use by the Southold Town Highway Department in Newsday on Thursday, January 31, 2008. All as per bond resolution adopted on January 15, 2008. Line Item H.5130.2.300.500. Vote Record - Resolution RES-2008-128 ? 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 2008-129 CATEGORY: Bid Acceptance DEPARTMENT: Highway Department Accept Sand Bid 2008 RESOLVEDaccepts the that the Town Board of the Town of Southold hereby bid of East Coast Mines in the amount of $14.25 per cubic yard, for supplying Bulk Sand for Ice Control and Highway Maintenance to the Highway Department for the 2008 calendar year, all in accordance with the Town Attorney. Vote Record - Resolution RES-2008-129 ? 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 2008-130 CATEGORY: Grants DEPARTMENT: Planning Board Grant Appl NYSEPF RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to sign a grant application for the New York State Southold Town Meeting Agenda - January 29, 2008 Page 10 Environmental Protection Fund - Local Waterfront Revitalization Program Year 2007- 2008 for the implementation of the Hashamomuck Pond Watershed Management Plan with Town matching funds not to exceed $336,000.00. Vote Record - Resolution RES-2008-130 ? 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 2008-131 CATEGORY: Grants DEPARTMENT: Planning Board Grant Appl NYSEPF $335,250.00 RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to sign a grant application for the New York State Environmental Protection Fund - Local Waterfront Revitalization Program Year 2007- 2008 for Implementing and Advancing the Town of Southold Local Waterfront Revitalization Program through the Implementation of the Town of Southold Hamlet Studywith Town matching funds not to exceed $335,250.00. Vote Record - Resolution RES-2008-131 ? 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 2008-132 CATEGORY: Grants DEPARTMENT: Planning Board Grant Appli NYSEPF $65,000.00 RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Southold Town Meeting Agenda - January 29, 2008 Page 11 Supervisor Scott A. Russell to sign a grant application for the New York State Environmental Protection Fund - Local Waterfront Revitalization Program Year 2007- 2008 for Great Pond Watershed Management Plan with Town matching funds not to exceed $65,000.00 of which $56,000.00 will be satisfied with the past land acquisition of a parcel known as “the Harper parcel” SCTM# 1000-59.-1-20.1. Vote Record - Resolution RES-2008-132 ? 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 2008-133 CATEGORY: Employment - Town DEPARTMENT: Solid Waste Management District Scale Operator Resignation RESOLVEDaccepts, with regret, the that the Town Board of the Town of Southold hereby resignation of Jeffrey Boyle from the position of Scale Operator with the Solid Waste District , effective January 23, 2008. Vote Record - Resolution RES-2008-133 ? 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 2008-134 CATEGORY: Refund DEPARTMENT: Solid Waste Management District Credit Refund RESOLVEDauthorizes a refund in the that the Town Board of The Town of Southold amount of $85.20 to Island’s End Landscaping for overpayment on their tip fee account with the Solid Waste Management District. Southold Town Meeting Agenda - January 29, 2008 Page 12 Vote Record - Resolution RES-2008-134 ? 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 2008-135 CATEGORY: Budget Modification DEPARTMENT: Highway Department Budget Modification - Highway RESOLVEDmodifies the 2007 Highway that the Town Board of the Town of Southold hereby Fund Part Town budget as follows : To: DB.5110.1.100.300 General Repairs Personal Services Full Time Employees Vacation Earnings $ 6,375.53 DB.5110.1.100.400 General Repairs Personal Services Full Time Employees Sick Earnings $17,213.93 DB.5110.4.100.200 Generals Repairs Contractual Expenses Supplies & Materials Fuel/Lubricants $ 1,261.37 DB.5110.4.100.920 General Repairs Contractual Expense Supplies & Materials Sand $ 5,906.80 DB.5130.1.100.300 Machinery Personal Services Full Time Employees Vacation Earnings $ 9,446.77 DB.5130.1.100.400 Machinery Personal Services Southold Town Meeting Agenda - January 29, 2008 Page 13 Full Time Employees Sick Earnings $23,791.87 DB.5130.4.100.500 Machinery Contractual Expense Supplies & Materials Parts & Materials $ 600.00 DB.5142.4.100.975 Snow Removal Contractual Expense Supplies & Materials Plow Blades, Shoes, Wheels $ 1,975.00 Total $66,571.27 From: DB.5110.1.100.100 General Repairs Personal Services Full Time Employees Regular Earnings $23,589.46 DB.5110.4.100.975 General Repairs Contractual Expense Supplies & Materials Steel $ 1,261.37 DB.5130.1.100.100 Machinery Personal Services Full Time Employees Regular Earnings $23,791.87 DB.5130.1.100.200 Machinery Personal Services Full Time Employees Overtime Earnings $ 9,446.77 DB.5130.4.400.650 Machinery Contractual Expense Contracted Services Maintenance & Repairs $ 600.00 DB.5110.4.100.100 General Repairs Contractual Expense Supplies & Materials Miscellaneous Supplies $ 1.60 Southold Town Meeting Agenda - January 29, 2008 Page 14 DB.5142.4.100.920 Snow Removal Contractual Services Supplies & Materials Sand $ 5,905.20 DB.5142.2.400.200 Snow Removal Equipment Industrial Equipment Snow Equipment $1,975.00 Total $66,571.27 Vote Record - Resolution RES-2008-135 ? 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 2008-136 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute an Agreement with Network Adjusters Incorporated RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an agreement with Network Adjusters Incorporated to manage the Town’s self-insurance program for all motor vehicles/no fault, general liability and professional liability claims , subject to the approval of the Town Attorney. Vote Record - Resolution RES-2008-136 ? 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 2008-137 CATEGORY: Advertise DEPARTMENT: Police Dept Authorize and Direct the Town Clerk to Advertise Surplus Property Available on Southold Town Meeting Agenda - January 29, 2008 Page 15 Www.Propertybureau.Com RESOLVED authorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise that the Police Department will have surplus property available for bid at www.propertybureau.com <http://www.propertybureau.com> (an online auction site) for the period commencing January 1, 2008 through December 31, 2008 in the local newspaper for two (2) consecutive weeks. Vote Record - Resolution RES-2008-137 ? 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 2008-138 CATEGORY: Budget Modification DEPARTMENT: Highway Department Budget Modification - Highway RESOLVEDmodifies the 2008 Highway that the Town Board of the Town of Southold hereby Fund Part Town budget as follows : To: DB.5130.2.500.300 Machinery Equipment & Capital Outlay Other Equipment Contractor Equipment $ 24,995.00 From: DB.5130.2.300.100 Machinery Equipment & Capital Outlay Motor Vehicles Light Duty Vehicles $ 24,995.00 Southold Town Meeting Agenda - January 29, 2008 Page 16 Vote Record - Resolution RES-2008-138 ? 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 2008-139 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Amends Resolution 2007-878 RESOLVEDamends resolution 2007- that the Town Board of the Town of Southold hereby 878 as follows: RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an Agreement with Hart Roofing, 1123 Jericho Turnpike, Commack, New York , in connection with improvements to the Southold Recreation $254,000.00 Center in the amount of $146,000.00 , in accordance with the plans and specifications prepared by L.K. McLean Associates, P.C., subject to the approval of the Town Attorney. Vote Record - Resolution RES-2008-139 ? 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 2008-140 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute an Agreement with Cornell Cooperative Extension RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an Agreement with Cornell Cooperative Extension in Southold Town Meeting Agenda - January 29, 2008 Page 17 connection with the Southold Town Trustees’ Documentary, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2008-140 ? 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 2008-141 CATEGORY: Attend Seminar DEPARTMENT: Solid Waste Management District Solid Waste Conferences RESOLVED grants permission to Solid that the Town Board of the Town of Southold hereby Waste Coordinator Bunchuck to attend a joint meeting of the Boards of the Federation of New York State Solid Waste Associations, of which Mr. Bunchuck and the Town of Southold are members, on February 13, 2008 in Albany, NY; and to attend the Federation’s Annual Conference and Trade Show on May 4 – 7, 2008 in Bolton Landing, NY. All expenses for registration, travel and lodging (if necessary) to be a legal charge to the 2008 Solid Waste Management District budget (meetings and seminars). Vote Record - Resolution RES-2008-141 ? 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 2008-142 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes Supervisor Scott A. Russell to Execute the Grant of Agricultural, Scenic, and Conservation Easement and All Other Necessary Documents to Effectuate Same RESOLVEDauthorizes Supervisor that the Town Board of the Town of Southold hereby Scott A. Russell to execute the Grant of Agricultural, Scenic, and Conservation Easement Southold Town Meeting Agenda - January 29, 2008 Page 18 and all other necessary documents to effectuate same , in connection with the Standard Subdivision of Barry Savits at Peconic, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2008-142 ? 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 2008-143 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Services Agreement Between the Town of Southold and HTE VAR, LLC RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Services Agreement between the Town of Southold and HTE VAR, LLC in connection with upgrading three server operating systems for Town Hall and the Police Department, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2008-143 ? 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 2008-144 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District Final SWMD 2007 Budget Mods RESOLVEDmodifies the 2007 that the Town Board of the Town of Southold hereby Solid Waste Management District budget as follows: From: Southold Town Meeting Agenda - January 29, 2008 Page 19 (SR 8160.1.100.100) Full-time Emplyees, Regular Earnings $11,497.94 (SR 9730.7.000.000) B.A.N. Interest 13,791.18 To: (SR 8160.1.100.200) Full-time Employees, Overtime Earnings $ 9,115.12 (SR 8160.1.100.500) Full-time Employees, Holiday Pay 2,382.82 (SR 8160.2.200.500) Misc. Office Equipment 18.49 (SR 8160.4.100.150) Scalehouse Paper/Supplies 345.92 (SR 8160.4.100.200) Diesel Fuel 10,128.44 (SR 8160.4.100.250) Heating Fuel 1,731.99 (SR 8160.4.100.550) Maintenance – Komatsu PayLoader 459.90 (SR 8160.4.100.590) Maintenance – Mack Tractor .77 (SR 8160.4.100.596) Maintenance – CBI Grinder 724.13 (SR 8160.4.100.609) RCA Blend 107.00 (SR 8160.4.200.200) Light & Power 186.36 (SR 8160.4.400.610) Vending Machine Maintenance 88.18 Vote Record - Resolution RES-2008-144 ? 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 2008-145 CATEGORY: Grants DEPARTMENT: Town Clerk LGRMIF 2008-2009 Grant for Records Management RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an Active Records grant application, in the amount of $18,000.00 to the New York State Education DepartmentNew York State Archives and , Records Administration, under the 2008-2009 (LGRMIF) Local Government Records Management Improvement Fund grant program, for the purpose of hiring a consultant to perform a needs assessment for a (ECMS) Electronic Content Management System. Southold Town Meeting Agenda - January 29, 2008 Page 20 Vote Record - Resolution RES-2008-145 ? 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 2008-146 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Letter Agreement W/East Marion Fire District RESOLVEDauthorizes Supervisor that the Town Board of the Town of Southold hereby Scott A. Russell to send a letter agreement to the East Marion Fire District, whereby the Town will store phragmites on Fire District property to “de-water”, in no event later than April 1, 2008, and the Town will restore the area to the condition as it existed prior to said storage of phragmites. Vote Record - Resolution RES-2008-146 ? 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 2008-147 CATEGORY: Policies DEPARTMENT: Town Attorney TOS Workforce Violence Prevention Plan WHEREAS , the Town of Southold employs over 200 employees and is one of the largest employers in the Town; and WHEREAS , the Town of Southold is committed to protecting and enhancing the safety of all its employees; and WHEREAS , as an employer of many employees, it is the goal of the Town to provide a Southold Town Meeting Agenda - January 29, 2008 Page 21 workplace environment that reduces and/or minimizes all incidents associated with violence in the workplace; and WHEREAS , the Town of Southold intends to accomplish these goals through the implementation of prevention and remediation systems, to further protect employees who work for the Town of Southold; BE IT RESOLVEDrecognizes the importance of that the Town of Southold hereby preventing and addressing violence in the workplace and adopts the 2008 Town of Southold Workforce Violence Protection Plan . Vote Record - Resolution RES-2008-147 ? 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 2008-148 CATEGORY: Policies DEPARTMENT: Town Attorney TOS Building Utilization Policy RESOLVEDadopts the 2008 Town of that the Town Board of the Town of Southold hereby Southold Building Utilization Policy relating to community requests for the use of Town facilities . Vote Record - Resolution RES-2008-148 ? 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 2008-149 CATEGORY: Seqra DEPARTMENT: Town Attorney Southold Town Meeting Agenda - January 29, 2008 Page 22 LL/Cell Tower Moratorium Extension Type II RESOLVED finds that the adoption of that the Town Board of the Town of Southold hereby the local law, extending the moratorium, 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” is classified as a Type II Action pursuant to SEQRA Rules and Regulations , 6 NYCRR Section 617.5, is not subject to review under SEQRA, and is exempt from review under Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. Vote Record - Resolution RES-2008-149 ? 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 2008-150 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL - Moratorium Extension Cell Towers 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” 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 were given an opportunity to be heard, now therefor be it RESOLVEDENACTS that the Town Board of the Town of Southold hereby the proposed “Temporary Moratorium on the Processing, Review of, and making 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 ” reads as follows: LOCAL LAW NO. _1 of 2008 Southold Town Meeting Agenda - January 29, 2008 Page 23 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 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 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 Southold Town Meeting Agenda - January 29, 2008 Page 24 (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 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. Southold Town Meeting Agenda - January 29, 2008 Page 25 §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 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 Southold Town Meeting Agenda - January 29, 2008 Page 26 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. Vote Record - Resolution RES-2008-150 ? 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 VI. PUBLIC HEARINGS 1. Set PH for Cell Tower Moratorium