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HomeMy WebLinkAboutAG-11/18/2008 ELIZABETH A. NEVILLE Town Hall, 53095 Main Road TOWN CLERK PO Box 1179 Southold, NY 11971 REGISTRAR OF VITAL STATISTICS Fax (631) 765-6145 MARRIAGE OFFICER Telephone: (631) 765 - 1800 RECORDS MANAGEMENT OFFICER www.southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER Final AGENDA SOUTHOLD TOWN BOARD November 18, 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. CALL TO ORDER 4:30 PM Meeting called to order on November 18, 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 SPECIAL PRESENTATION – HISTORICAL LANDMARK PLAQUES I. REPORTS 1. Claim Lag Report 10/1/07-9/30/08 2. Program for the Disabled October 2008 3. Justice Court Monthly Report - Bruer October 2008 4. Land Tracking Summary Southold Town Meeting Agenda - November 18, 2008 Page 2 3rd Quarter 2008 5. Department of Public Works October 2008 II. PUBLIC NOTICES 1. Army Corps of Engineers Application of Belvedere Property Management, LLC to reorganize an existing jetty, Cutchogue Harbor, New Suffolk 2. Liquor License Renewal with NYS Liquor Authority North Steak, LLC, 44780 Middle Rd., Southold 3. Suffolk County Department of Planning Riverhead Code Amendment to Section 108-58.1 “Yardsales” III. COMMUNICATIONS IV. DISCUSSION 1. 9:00 A. M. - John Cushman Budget - -Current revenue and expense status; fund balance projection -2009 Budget outstanding issues 2. Request of Cell Tower Merger 3. Continuation: Tee Lane 4. 10:30 A. M. - Jeff Standish Deer Management 5. 11:00 A. M. - Heather Lanza, Mark Terry Septic Study 6. 11:30 A. M. - Executive Session - Melissa Spiro, Randy Parsons Potential property acquisition and possible discussion of value of property 7. 12:00 Noon - Executive Session - Frank Isler, Esq. Litigation 8. Executive Session Litigation Southold Town Meeting Agenda - November 18, 2008 Page 3 9. New Position - Tree Trimmer II V. RESOLUTIONS 2008-1011 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit November 18, 2008 RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby November 18, 2008. ? Vote Record - Resolution RES-2008-1011 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-1012 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Set Meeting December 2, 2008 7:30 Pm RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, December 2, 2008 at the Southold Town Hall, Southold, New York at 7:30 P. M.. ? Vote Record - Resolution RES-2008-1012 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-1001 Tabled 11/5/2008 7:00 PM CATEGORY: Attend Seminar DEPARTMENT: Police Dept Southold Town Meeting Agenda - November 18, 2008 Page 4 Grant Permission to Police Officer Thomas Hudock to Attend Quarterly Meeting State of New York Juvenile Officers Association, Syracuse, New York RESOLVED grants permission to Police that the Town Board of the Town of Southold hereby Officer Thomas Hudock to attend the State of New York Juvenile Officers Quarterly meeting commencing on Thursday, December 4 through Friday, December 5, 2008 in Syracuse, New York. All expenses for travel and miscellaneous expenses to be a legal charge to the 2008 Juvenile Aid Budget Line - A.3157.4.600.200. Travel to be by Department vehicle. ? Vote Record - Resolution RES-2008-1001 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-1013 CATEGORY: Employment - FIFD DEPARTMENT: Accounting FIFD Hire FT Deckhand Conal O’Keefe 11/12/08 WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their November 5, 2008 meeting appointing Conal O’Keefe to the positionof a full time Deckhand for the Fishers Island Ferry District, effective November 12, 2008, at a rate of $13.00 per hour, and WHEREAS the Town Board of the Town of Southold is required to approve promotions of employees of the Fishers Island Ferry District, now therefore be it RESOLVEDappoints Conal O’Keefe to that the Town Board of the Town of Southold hereby the position of a full time Deckhand for the Fishers Island Ferry District, effective November 12, 2008, at a rate of $13.00 per hour. Southold Town Meeting Agenda - November 18, 2008 Page 5 ? Vote Record - Resolution RES-2008-1013 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-1014 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Appoint Robert Craft as PT Deckhand FIFD WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their November 5, 2008 meeting to appoint Robert Craft to the position of part time Deckhand effective November 12, 2008, at a salary of $ 9.50 per hour, and WHEREAS the Town Board of the Town of Southold is required to approve appointments of employees of the Fishers Island Ferry District, now therefore be it RESOLVEDappoints Robert Craft to that the Town Board of the Town of Southold hereby the position of a part-time Deckhand for the Fishers Island Ferry District, effective November 12, 2008, at a rate of $9.50 per hour. ? Vote Record - Resolution RES-2008-1014 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-1015 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Appoint Nicholas V. Bence to PT Deckhand FIFD Southold Town Meeting Agenda - November 18, 2008 Page 6 WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their November 5, 2008 meeting to appoint Nicholas V. Bence position of a part- time Deckhand effective November 12, 2008, at a salary of $ 9.50, per hour, and WHEREAS the Town Board of the Town of Southold is required to approve appointments of employees of the Fishers Island Ferry District, now therefore be it RESOLVEDappoints Nicholas V. Bence that the Town Board of the Town of Southold hereby to the position of a part-time Deckhand for the Fishers Island Ferry District, effective November 12, 2008, at a rate of $9.50 per hour. ? Vote Record - Resolution RES-2008-1015 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-1016 CATEGORY: Surplus Equip - Non Usable DEPARTMENT: Public Works Surplus - John Deere Mowers RESOLVEDdeclares the following that the Town Board of the Town of Southold hereby equipment to be surplus & unusable equipment: John Deere Mover, Model 425 (M00425A025638) John Deere Mower, Model 318 (M00318X114207) RESOLVED Be it further that the Town Board declares that the above equipment is junk, unusable and should be disposed of. Southold Town Meeting Agenda - November 18, 2008 Page 7 ? Vote Record - Resolution RES-2008-1016 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-1017 CATEGORY: Surplus Equip - Non Usable DEPARTMENT: Public Works DPW Work Van - Surplus RESOLVEDdeclares the following that the Town Board of the Town of Southold hereby vehicle be surplus: 1997 Dodge Van Vin Number: 2B5WB35Y4VK524478 RESOLVED Be it further that the Town Board declares that the above vehicle is junk, undrivable, unusable and should be disposed of. ? Vote Record - Resolution RES-2008-1017 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-1018 CATEGORY: Employment - Town DEPARTMENT: Accounting Hire Gary Ostroski Full-Time Food Service Worker RESOLVEDappoints Gary Ostroski to that the Town Board of the Town of Southold hereby Southold Town Meeting Agenda - November 18, 2008 Page 8 the position of a full-time Food Service Worker for the Human Resource Center, effective November 23, 2008, at a rate of $13.7255 per hour. ? Vote Record - Resolution RES-2008-1018 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-1019 CATEGORY: Budget Modification DEPARTMENT: Police Dept Budget Modification - Police Fiscal Impact: To fund Town Board resolution 2008-569 - Fishers Island Channel markers RESOLVEDmodifies the 2008 Whole that the Town Board of the Town of Southold hereby Town budget as follows: From: A.3130.1.200.100 P/T Employees Regular Earnings $2,390.82 To: A.3130.4.400.600 Buoy Maintenance $2,390.82 ? Vote Record - Resolution RES-2008-1019 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-1020 CATEGORY: Budget Modification DEPARTMENT: Accounting Create Budget for the Arts in Southold Town Southold Town Meeting Agenda - November 18, 2008 Page 9 RESOLVEDmodifies the 2008 General that the Town Board of the Town of Southold hereby Fund budget as follows: From: A.1990.4.100.100 Contingent, C.E. Unallocated Contingencies $ 1,000.00 To: A.1010.4.600.730 Town Board, C.E. The Arts in Southold Town $ 1,000.00 ? Vote Record - Resolution RES-2008-1020 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-1021 CATEGORY: Attend Seminar DEPARTMENT: Building Department Amend Resolution No. 2008-990 Adopted November 5, 2008 RESOLVED amends Resolution No. that the Town Board of the Town of Southold hereby 2008-990 adopted November 5, 2008 as follows: RESOLVED that the Town Board of the Town of Southold hereby grants permission to Building Permits , Building Inspector Gary Fish Examiner Patricia Conklin and Chief Building Inspector Michael Verity and to attend a seminar on Energy Conservation in Stony Brook, New York, on November 19, 2008 permission to Building Inspector Gary Fish to attend a seminar on Energy Conservation at Nassau County Fire Service Academy in Old Bethpage on November 20, 2008. All expenses for registration and travel to be a legal charge to the 2008 Building Department budget (meetings and seminars). ? Vote Record - Resolution RES-2008-1021 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded Southold Town Meeting Agenda - November 18, 2008 Page 10 2008-1022 CATEGORY: Retirement/Resignation DEPARTMENT: Accounting Retirement Edward Forrester Dir. of Code Enforcemt RESOLVEDaccepts with regret the that the Town Board of the Town of Southold hereby intent to retire of Edward Forrester from the position of Director of Code Enforcement in the Department of the Town Attorney , effective November 28, 2008. ? Vote Record - Resolution RES-2008-1022 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-1023 CATEGORY: Budget Modification DEPARTMENT: Town Clerk Modify the 2008 Highway Fund Part Town Budget Fiscal Impact: The reason(s) for the above-described transfer(s) is/are that they have been necessitated in order to prevent under-funding of several line items, particularly in connection with fuel invoices, FI ferry fees, seminar travel fees, the need for additional traffic paint as well as costs inherent to the Town fall cleanup and cleanup week disposal line changes. RESOLVEDmodifies the 2008 Highway that the Town Board of the Town of Southold hereby Fund Part Town budget as follows : To: DB.5110.4.100.200 General Repairs, C.E. Supplies & Materials Fuel/Lubricants $40,000.00 DB.5110.4.100.350 General Repairs, C.E. Supplies & Materials Traffic Paint $ 1,170.00 Southold Town Meeting Agenda - November 18, 2008 Page 11 DB.5110.4.100.995 General Repairs, C.E. Supplies & Materials Signs & Sign Posts $ 1,000.00 DB.5130.2.500.300 Machinery Equipment & Capital Outlay Other Equipment Contractor Equipment $ 3,120.00 DB.5140.4.100.125 Brush & Weeds/Misc, C.E. Supplies & Materials Miscellaneous Supplies $ 4,700.00 DB.5140.4.100.600 Brush & Weeds/Misc, C.E. Supplies & Materials Uniforms $ 1,200.00 DB.5140.4.600.300 Brush & Weeds/Misc, C.E. Miscellaneous Travel $ 4,068.00 DB.5140.4.100.100 Brush & Weeds/Misc, C.E. Supplies & Materials Office Supplies $ 150.00 From : DB.5142.4.100.935 Snow Removal, C.E. Supplies & Materials Rock Salt $47,768.00 DB.5110.4.100.100 General Repairs, C.E. Supplies & Materials Miscellaneous Supplies $ 2,170.00 DB.5130.4.400.650 Machinery, C.E. Contracted Services Maintenance & Repairs $ 3,120.00 DB.5110.4.100.900 General Repairs, C.E. Supplies & Materials Resurfacing Projects $ 1,200.00 DB.5140.4.600.200 Brush & Weeds/Misc, C.E. Miscellaneous Southold Town Meeting Agenda - November 18, 2008 Page 12 Meetings & Seminars $ 1,000.00 DB.5140.4.100.900 Brush & Weeds/Misc, C.E. Supplies & Materials Landscaping Materials $ 150.00 ? Vote Record - Resolution RES-2008-1023 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-1024 CATEGORY: Public Service DEPARTMENT: Public Works Latimer Reef Light Station, Fishers Island WHEREAS, certain real property owned by the United States of America, located in the Town of Southold, County of Suffolk, State of New York, has been declared surplus at the discretion of the General Services Administration, and the National Historical Lighthouse Preservation Act (16 U.S.C 470w-7) and policies promulgated pursuant thereto, more particularly described as follows: Latimer Reef Light Station 8.83 acres, some being submerged GSA Control No. 1-U-NY-0901 WHEREAS, the Town of Southold needs and will use said property in perpetuity for the purposes set forth in its application and in accordance with the requirements of said Act and any regulations and policies promulgated thereunder; NOWTHEREFORE, BE IT RESOLVEDmake an , , that the Town of Southold shall application to the National Park Service acting for the Secretary of the Interior for, and secure the transfer to the above mentioned property for said use and subject to such exceptions, reservations, term, covenants, agreements, conditions, and restrictions as the National Park Service and the Federal disposal agency may require in connection with the disposal of said property under said Act and the regulations and policies issued pursuant thereto. BE IT FURTHER RESOLVEDTown of Southold has legal authority, and is will that the and able, to properly develop, maintain, operate and assume liability of the property, and Southold Town Meeting Agenda - November 18, 2008 Page 13 that Scott A. Russell, Supervisor, Town of Southold, is hereby authorized, for and on behalf of the Town of Southold to do and perform any and all acts and things which may be necessary to carry out the foregoing resolution , including the preparing, making and filing of plans, applications, reports, and other documents, the execution, acceptance, delivery and recordation of agreements, deeds, and other instruments pertaining to the transfer of said property, including filing of copies of the application and the conveyance documents in the records of the governing body, and the payment of any and all sums necessary on account of the purchase price thereof or fees or costs incurred in connection with the Transfer of said property for survey, title searches, recordation or instruments, or other costs identified with acquisition of said property ? Vote Record - Resolution RES-2008-1024 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-1025 CATEGORY: Public Service DEPARTMENT: Town Clerk Appoint Heather Domino as a Volunteer Intern in the Southold Town Justice Court RESOLVEDappoints Heather Domino that the Town Board of the Town of Southold hereby as a volunteer intern in the Southold Town Justice Court, effective November 14, 2008. She is to serve in this capacity with no compensation. ? Vote Record - Resolution RES-2008-1025 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-1026 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Solid Waste Management District DEC Grant Extension Southold Town Meeting Agenda - November 18, 2008 Page 14 RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute a no-cost extension through December 31, 2009 of Contract # C302644 with the Municipal Waste Reduction and Recycling State Assistance Program of the New York State Department of Environmental Conservation for receipt of a $30,000 grant in reimbursement of certain expenses related to the operation of the Town’s Yard Waste Compost Facility in Cutchogue, all in accordance with the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-1026 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-1027 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to the Mattituck Cutchogue Teachers’ Association to Use Certain Roads for Its Thanksgiving Day “Annual Turkey Trot” Race on Thursday Morning, November 27, 2008 RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Mattituck Cutchogue Teachers’ Association to use the following roads for its Thanksgiving Day “Annual Turkey Trot” race on Thursday morning, November 27, 2008: Pike Street, Reeve Avenue, New Suffolk Avenue, Locust Avenue and Route 25, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and contact Capt. Flatley to coordinate traffic control. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. ? Vote Record - Resolution RES-2008-1027 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded Southold Town Meeting Agenda - November 18, 2008 Page 15 2008-1028 CATEGORY: Employment - Town DEPARTMENT: Town Clerk Transfer Amanda Nunemaker, from the Town Clerk Records Management Office to the Assessors’ Office, Effective December 1, 2008 RESOLVEDtransfers Amanda that the Town Board of the Town of Southold hereby Nunemaker, part-time clerk-typist, from the Town Clerk Records Management Office to the effective December 1, 2008 Assessors’ Office, , 17 ½ hours per week, at the rate of $12.28 per hour. ? Vote Record - Resolution RES-2008-1028 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-1029 CATEGORY: Retirement/Resignation DEPARTMENT: Accounting Terminate Employment RESOLVEDterminates the that the Town Board of the Town of Southold hereby probationary part-time employment of a Food Service Worker for the Southold Town Human Resource Center, effective November 26, 2008. ? Vote Record - Resolution RES-2008-1029 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-1030 CATEGORY: Bid Acceptance DEPARTMENT: Solid Waste Management District Southold Town Meeting Agenda - November 18, 2008 Page 16 Compost Site Metal Building RESOLVED accepts the bid of MBMI that the Town Board of the Town of Southold hereby Metal Buildings in the amount of $ 19,619.00, to supply the Solid Waste District with a metal building for the compost bagging system in accordance with the specifications provided by the Solid Waste Coordinator and subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-1030 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-1031 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Rate Increase Mark Easter WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their October 15, 2008 increase the salary of Mark Easter to $135,678.00 effective October 11, 2008 in accordance with a Memorandum of Understanding between the Board of Commissioners and Mark Easter signed on October 7, 2007, and WHEREAS the Town Board of the Town of Southold is required to approve appointments and salary adjustments of employees of the Fishers Island Ferry District, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby increases the salary of Mark Easter to $135,678.00 per annum effective October 11, 2008. Southold Town Meeting Agenda - November 18, 2008 Page 17 ? Vote Record - Resolution RES-2008-1031 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-1032 CATEGORY: Budget Modification DEPARTMENT: Public Works Modify the 2008 General Fund Department of Public Works Budget Fiscal Impact: The request is due to cover unexpected costs of ferry travel in 2008. RESOLVEDmodifies the 2008 that the Town Board of the Town of Southold hereby General Fund Department of Public Works budget as follows: From A.1620.4.100.100 Miscellaneous Supplies $2300. To: A.1620.4.600.400 Travel $2300. ? Vote Record - Resolution RES-2008-1032 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-1033 CATEGORY: Bid Acceptance DEPARTMENT: Town Clerk NPV Proposal for SEQRA Review on Matt Inlet Marina RESOLVED accepts the proposal of that the Town Board of the Town of Southold hereby Southold Town Meeting Agenda - November 18, 2008 Page 18 Nelson, Pope, and Voohris, LLC for environmental consulting services, in the preparation of SEQRA Review of the proposed expansion of Mattituck Inlet Marina, SCTM#1000-106- 6-13.3 in the amount of $ 2,950.00 (to be paid by applicant in advance) , all in accordance with the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-1033 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-1034 CATEGORY: Attend Seminar DEPARTMENT: Town Clerk Designate Town Board Member Attend EETC RESOLVED designates Councilman that the Town Board of the Town of Southold hereby Thomas H. Wickham to attend and represent the Town Board at the East End Transportation Council Meeting in Riverhead, New York , on December 11, 2008. ? Vote Record - Resolution RES-2008-1034 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-1035 CATEGORY: Misc. Public Hearing DEPARTMENT: Town Attorney Waiver Application of Omnipoint Communications BE IT RESOLVEDwill hold a public hearing that the Town Board of the Town of Southold at 7:35 p.m. on December 2, 2008, at Southold Town Hall, 53095 Main Road, Southold, New York, 11971, concerning the application of Omnipoint Communications, Inc. , for a Southold Town Meeting Agenda - November 18, 2008 Page 19 waiver of the “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” and the Town Clerk is hereby directed to refer the application to the Planning Board for comment. ? Vote Record - Resolution RES-2008-1035 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-1036 CATEGORY: Policies DEPARTMENT: Town Attorney Adopt 2008 Southold Town Deer Management Program RESOLVED that the Town Board of the Town of Southold hereby adopts the 2008 Southold Town Deer Management Program, whereby the following Town-owned properties will be designated as properties available for the issuance of archery hunting permits to Town residents for the period of December 1, 2008 through December 31, 2008, Wednesdays through Saturdays: Hogs Neck, Sections I and II, Southold; Mill Road, Mattituck; Tall Pines, Southold; the Reese Property, Greenport; and the Stackler Property, Greenport; and BE IT FURTHER RESOLVED that the Town Clerk is hereby authorized to issue such archery hunting permits by lottery drawing, that all such issued permits shall be subject to the rules for the 2008 Town of Southold Deer Management Program, and shall be subject to revocation upon the violation of any such rules; and BE IT FURTHER RESOLVED that the Town of Southold, Department of Public Works, shall be authorized to institute such further rules and procedures necessary to manage the 2008 Town of Southold Deer Management Program, subject to oversight by the Town Board. Southold Town Meeting Agenda - November 18, 2008 Page 20 ? Vote Record - Resolution RES-2008-1036 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-1037 CATEGORY: Budget DEPARTMENT: Town Clerk Adopt Such Preliminary Budget, as Amended, as the Annual Budget of This Town for the Fiscal Year Beginning on the 1St Day of January 2009 WHEREAS, the Town Board of the Town of Southold has met at the time and place specified in the notice of public hearings on the Preliminary Budget for the fiscal year beginning on January 1, 2008, and heard all persons desiring to be heard thereon; now, therefore, be it RESOLVED that the Town Board of the Town Board of the Town of Southold does hereby adopt such Preliminary Budget, as amended, as the Annual Budget of this Town for the st fiscal year beginning on the 1 day of January 2009 ; and be it FURTHER RESOLVED that such budget as adopted by this Board be entered in detail in the minutes of the proceedings of this Town Board; and be it FURTHER RESOLVED that the Town Clerk of the Town of Southold shall prepare and certify copies of said annual budget as adopted by the Town Board of the Town of Southold, together with the estimates, if any, adopted pursuant to Section 202a, Subdivision 5 of the Town Law, and deliver a copy thereof to the County Legislature of the County of Suffolk. ? Vote Record - Resolution RES-2008-1037 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded Southold Town Meeting Agenda - November 18, 2008 Page 21 2008-1038 CATEGORY: Budget DEPARTMENT: Town Clerk Adopt Such Preliminary Capital Budget, as Amended, as the Annual Capital Budget of This Town for the Fiscal Year Beginning on the 1St January 2009 WHEREAS , the Town Board of the Town of Southold has met at the time and place specified in the notice of public hearings on the Preliminary Capital Budget for the fiscal year beginning on January 1, 2008, and heard all persons desiring to be heard thereon, now, therefore, be it RESOLVEDhereby adopt such that the Town Board of the Town of Southold does Preliminary Capital Budget, as amended, as the Annual Capital Budget of this Town for st the fiscal year beginning on the 1 January 2009 ; and be it FURTHER RESOLVED that such capital budget as adopted by this Board be entered in detail in the minutes of the proceedings of this Town Board; and be it FURTHER RESOLVED that the Town Clerk of the Town of Southold shall prepare and certify copies of said annual Capital Budget as adopted by the Town Board of the Town of Southold, together with the estimates, if any, adopted pursuant to Section 202a, Subdivision 5 of the Town Law, and deliver a copy thereof to the County Legislature of the County of Suffolk. ? Vote Record - Resolution RES-2008-1038 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-1039 CATEGORY: Seqra DEPARTMENT: Town Attorney SEQRA LL/Dock Moratorium Extension Southold Town Meeting Agenda - November 18, 2008 Page 22 RESOLVEDfinds that the adoption of that the Town Board of the Town of Southold hereby the local law entitled “A Local Law in Relation to a Ninety day extension of the Moratorium on the Processing, Review of, and Making Decisions on Dock Applications (new or pending) made to the Board of Trustees pursuant to Chapter 275 ‘Wetlands and Shoreline’ of the Code of the Town of Southold” is classified as a Type II Action pursuant to SEQRA Rules and Regulations , 6 NYCRR Section 617.5, and is not subject to review under SEQRA. ? Vote Record - Resolution RES-2008-1039 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-1040 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk ENACTS the Proposed Local Law Entitled, “A Local Law in Relation to a Ninety Day Extension of the Moratorium on the Processing, Review Of, and Making Decisions on Dock Applications (New or Pending) Made to the Board of Trustees Pursuant to Chapter 275 ‘Wetlands and Shoreline’ of the Code of the Town of Southold” 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 therefore be it RESOLVED ENACTS that the Town Board of the Town of Southold hereby the proposed local A Local Law in Relation to a Ninety day extension of the Moratorium on the law entitled, “ Processing, Review of, and Making Decisions on Dock Applications (new or pending) made to the Board of Trustees pursuant to Chapter 275 ‘Wetlands and Shoreline’ of the Code of the Town of Southold ” which reads as follows: Southold Town Meeting Agenda - November 18, 2008 Page 23 LOCAL LAW NO. ___ of 2008 “A Local Law in Relation to a Ninety day extension of the Moratorium on the Processing, Review of, and Making Decisions on Dock Applications (new or pending) made to the Board of Trustees pursuant to Chapter 275 ‘Wetlands and Shoreline’ of the Code of the Town of Southold”. Be it enacted by the Town Board of the Town of Southold as follows: Section 1: Legislative Intent The Town Board finds that the construction of docks in the Peconic Bay, Long Island Sound, Block Island Sound and Fishers Island Sound impairs the Town’s unique environment and ecology. The construction of docks in these waters results in environmental and physical degradation including, but not limited to, impacts to vegetation, water quality, marine life and benthic communities. Docks have the effect of impeding the public access and use of waters and shorelines, affecting navigation of vessels and creating negative aesthetic impacts. On May 20, 2008, the Town Board enacted a one hundred and eighty (180) day moratorium on the approval process for new docks in these waters, in order to comprehensively review the current code provisions and recent scientific studies. A survey of all town waters, review of available scientific materials and evaluation of the Town code has taken place. The Town staff assigned to this project has worked diligently and is prepared to review findings and recommendations with the Town Board. The Town Board is currently involved in detailed budget review, and will turn full attention this matter after the state imposed deadline for budget adoption of November 20, 2008. The Town Board expects to prepare legislation to address when, and under what circumstances, docks may be permitted in the Peconic Bay, Long Island Sound, Block Island Sound and Fishers Island Sound. It is expected that this legislation will be prepared by the end of the year, and scheduled for public hearing and eventual adoption. Section 2: Enactment of a Temporary Moratorium Chapter 275 §275-17 Temporary Moratorium A. For a period of ninety days following the expiration of the current moratorium (90 days from November 20, 2008), after which date this Local Law shall lapse and be without further force and effect: 1) The Board of Trustees of the Town of Southold shall not accept for review, continue review, hold a hearing or make any decision upon any application (new or pending) made pursuant to Chapter 275 of the Town Code of the Town of Southold for any new dock (as defined in Chapter 275) proposed to be located in the Peconic Bay, Long Island Sound, Block Southold Town Meeting Agenda - November 18, 2008 Page 24 Island Sound and Fishers Island Sound (excluding Silver Eel Cove, Hay Harbor, West Harbor, Chocomount Cove and East Harbor); 2) The Board of Trustees of the Town of Southold shall not accept for review, continue review, hold a hearing or make any decision upon any application (new or pending) made pursuant to Chapter 275 of the Town Code of the Town of Southold for any extension or addition to any existing dock (as defined in Chapter 275) located in the Peconic Bay, Long Island Sound, Block Island Sound and Fishers Island Sound (excluding Silver Eel Cove, Hay Harbor, West Harbor, Chocomount Cove and East Harbor). B. APPLICATION 1) This Local Law shall apply to ALL (new or pending) applications for a Chapter 275 permit from the Board of Trustees of the Town of Southold for any new or existing dock (as that term is defined in Chapter 275). C. EXCLUSIONS This Local Law shall not apply to: 1) the ordinary and usual maintenance or repair, in-place, of a presently existing dock that has been issued a permit by the Board of Trustees. D. CONFLICT WITH OTHERS LAWS AND AUTHORITY TO SUPERCEDE To the extent that any provisions of this Local Law are in conflict with or are construed as inconsistent with the provisions of Chapter 275 of the Southold Town Code this Local Law supercedes, amends and takes precedence over such provisions pursuant to the Town’s municipal home rule powers, pursuant to Municipal Home Rule Law section 10(1)(ii)(d)(3); section 10(1)(ii)(a)(14) and section 22 to supercede any inconsistent authority. In particular, this local law supercedes Southold Town Code Chapter 275 sections 275-5 and sections 275-7 through 11, to the extent that these sections require the Board of Trustees to act upon, hold hearings on, and make decisions concerning applications. E. APPEALS PROCEDURE The Town Board shall have the authority to vary or waive the application of any provision of this Local Law, in its legislative discretion, upon its determination that such variance or waiver is required to alleviate an extraordinary hardship. To grant such a request the applicant must file with the Town Board and the Board of Trustees supporting documentation. Any request for a variance or waiver shall be filed with the Town Clerk and the Board of Trustees (for recommendation) and shall include a fee of $50.00 dollars for the processing of the application. The application and Board of Trustee recommendation shall be transmitted to the Town Board which may conduct a public hearing and make a final decision on the application, with or Southold Town Meeting Agenda - November 18, 2008 Page 25 without conditions. Final approval is reserved to the absolute legislative discretion of the Town Board. Section 3: 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 effect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Section 4: EFFECTIVE DATE This Local Law shall take effect on November 20, 2008, and remain in effect for 90 days. ? Vote Record - Resolution RES-2008-1040 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded PUBLIC HEARINGS LL Dock Moratorium PH 11/18/08 4:35 PM PUBLIC PORTION Meeting was adjourned at ______pm. ? Vote Record - Resolution Meeting Adjourned ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded