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