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Home My WebLink AboutAG-12/02/2008 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 December 2, 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 December 2, 2008 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Present Absent Late Arrival ??? Councilman William Ruland ??? Councilman Vincent Orlando ??? Councilman Albert Krupski Jr. ??? Councilman Thomas H. Wickham ??? Justice Louisa P. Evans ??? Supervisor Scott Russell ??? Town Clerk Elizabeth A Neville ??? Town Attorney Patricia A Finnegan I. REPORTS 1. Justice Evans October 2008 2. Justice Price October 2008 3. Board of Trustees October 2008 4. Town Clerk Southold Town Meeting Agenda - December 2, 2008 Page 2 October 2008 5. Budget Report October 2008 6. Program for the Disabled November 2008 II. PUBLIC NOTICES 1. Renewal Application to NYS Liquor Authority North Fork Wines & Vineyards, 19110 Soundview Ave., Southold The Pequot Inn, Inc, 246 Montauk Ave., Fishers Island III. COMMUNICATIONS IV. DISCUSSION 1. 9:00 A.M. - Mark Terry Update on the Management of Private, Residential Dock Structures 2. 10:00 A.M. - Renewable Energy Committee Legislative Goals for 2009 - Energy Star Construction - Lighting Code 3. Request for Use of Strawberry Fields 4. SCWA Key Money Fees 5. Justice Court Scheduling for Meeting Hall 6. Board Appointments 7. Budget Discussion Councilman Ruland 8. Cablevision - Special Franchise & PSE Rate - Possible action Southold Town Meeting Agenda - December 2, 2008 Page 3 9. Town Employees on Committees per Councilman Orlando 10. Vehicle Use Policy MINUTES APPROVAL RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Tuesday, September 09, 2008 ? Vote Record - Acceptance of Minutes for September 9, 2008 7:30 PM Yes/Aye No/Nay Abstain Absent ? ? ? ? William Ruland ???????? Vincent Orlando ? Accepted ?????????? Accepted as Amended Albert Krupski Jr. ?? Tabled ???????? Thomas H. Wickham ???????? Louisa P. Evans ???????? Scott Russell RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Tuesday, September 23, 2008 ? Vote Record - Acceptance of Minutes for September 23, 2008 4:30 PM Yes/Aye No/Nay Abstain Absent ? ? ? ? William Ruland ???????? Vincent Orlando ? Accepted ?????????? Accepted as Amended Albert Krupski Jr. ?? Tabled ???????? Thomas H. Wickham ???????? Louisa P. Evans ???????? Scott Russell RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Tuesday, October 07, 2008 ? Vote Record - Acceptance of Minutes for October 7, 2008 7:30 PM Yes/Aye No/Nay Abstain Absent ? ? ? ? William Ruland ???????? ? Vincent Orlando Accepted ?????????? Accepted as Amended Albert Krupski Jr. ?? Tabled ???????? Thomas H. Wickham ???????? Louisa P. Evans ???????? Scott Russell V. RESOLUTIONS 2008-1041 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit December 2, 2008 Southold Town Meeting Agenda - December 2, 2008 Page 4 RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby December 2, 2008. ? Vote Record - Resolution RES-2008-1041 ? 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 2008-1042 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Set Meeting December 16, 2008 4:30 Pm RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, December 16, 2008 at the Southold Town Hall, Southold, New York at 4:30 P. M.. ? Vote Record - Resolution RES-2008-1042 ? 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 2008-1043 CATEGORY: Grants DEPARTMENT: Public Works Improvements to Southold Town Parking Lot Grant RESOLVEDImprovements to that the Town Board of the Town of Southold hereby finds that the Southold Town Parking LotSuffolk County Downtown , funded by a grant , as part of the Revitalization Program is classified as an Unlisted Action pursuant to SEQRA Rules and Town Board of the Town of Southold hereby Regulations, 6 NYCRR Section 617, and that the established itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action and authorizes Supervisor Scott A. Russell to sign the Southold Town Meeting Agenda - December 2, 2008 Page 5 short form EAF for this action ? Vote Record - Resolution RES-2008-1043 ? 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 2008-1044 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Recreation Hire Winter 2009 Recreation Instructors RESOLVEDauthorizes and directs Supervisor that the Town Board of the Town of Southold Scott A. Russell to execute an agreement with the following individuals for the Winter 2009 recreation programs , all in accordance with the approval of the Town Attorney. Funding for the instructors listed below has been budgeted for in the recreation department's 2009 instructor line A7020.4.500.420. Antoinette Beck-Witt (drawing class)........................................... $30/hour Susan Blacklocke (Poi-dancing)…………………………………… $30/hour Thomas Boucher (guitar)............................................................. $30/hour Constance Case (quilting classes)............................................ $30/hour Eugenia Cherouski (folk dancing)............................................... $30/hour Doris Coniglio (knitting classes)............................................... $30/hour John Crosser (Youth Basketball Program)……………………. $15/hour Paula Croteau (baking classes)…………………………………… $30/hour Lenora Dome (belly dancing).................................................... $30/hour Martha Eagle (Aerobics).............................................................. $30/hour East End Insurance Services (Defensive Driving)..................... $30/person Bill Gatz (Youth Basketball Program)…………………………… $30/hour Rosemary Martilotta (hatha yoga)……………………………...... $55/class Judy McCleery (Digital Photography)…………………………… $30/hour Riverside Gymnastics (youth gymnastics)................................. $50/person Laurie Short (aerobics classes)................................................... $30/hour Steve Smith (Weight Training)..................................................... $30/hour Jocelyn Suglia (Youth Basketball Program)…………………… $30/hour Kathleen Tergesen (Girls Youth Basketball Program)………….. $15/hour Angela Tondo (Mommy & Me)................................................... $30/hour Southold Town Meeting Agenda - December 2, 2008 Page 6 Touch Dancing Studios (ballroom dancing)……………………… $65/person Devon Treharne (writing and reading classes)………………….. $30/hour ? Vote Record - Resolution RES-2008-1044 ? 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 2008-1045 CATEGORY: Authorize to Bid DEPARTMENT: Human Resource Center Re-advertise for the 2009 Milk Bid for the Human Resource Center RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to re-advertise for the 2009 Milk Bid for the Human Resource Center. ? Vote Record - Resolution RES-2008-1045 ? 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 2008-1046 CATEGORY: Budget Modification DEPARTMENT: Land Preservation 2008 Budget Mod - Land Preservation Fiscal Impact: The purpose of this budget modification is to correct a budget line deficit created by the Sepenoski development rights easement purchase and to provide funding for the Ficner and Wenofske development rights easement purchases. Funds will also be used for closing costs associated with the Heaney and Dickerson open space property donations. These four projects are expected to be completed during the year 2008. Funds are available from "surplus" carried over from 2007 as well as current year Serial Bond Interest appropriations. RESOLVEDhereby modifies the 2008 that the Town Board of the Town of Southold Community Preservation Fund budget as follows: Southold Town Meeting Agenda - December 2, 2008 Page 7 Increase: Appropriations H3.8660.2.600.100 Land Acquisitions $ 4,000,000 Revenues H3.5990.00 Appropriated Fund Balance 3,381,000 Decrease: Appropriations H3.9710.7.100.100 Serial Bond Interest $619,000 ? Vote Record - Resolution RES-2008-1046 ? 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 2008-1047 CATEGORY: Authorize to Bid DEPARTMENT: Town Clerk Amend Resolution 2008-1017 RESOLVEDamends resolution 2008- that the Town Board of the Town of Southold hereby 1017, adopted at the November 18, 2008 Town Board regular meeting to read as follows: RESOLVED that the Town Board of the Town of Southold hereby declares the following vehicle be surplus: 1997 Dodge Van Vin #: 2B5WB35Y4VK524478 RESOLVED Be it further that the Town Board declares that the above vehicle is junk, authorizes and directs the Town Clerk to undrivable, unusable and should be disposed of. advertise same for bid. Southold Town Meeting Agenda - December 2, 2008 Page 8 ? Vote Record - Resolution RES-2008-1047 ? 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 2008-1048 CATEGORY: Attend Seminar DEPARTMENT: Town Clerk Attend Seminar - HRC RESOLVED grants permission to that the Town Board of the Town of Southold hereby Jacqui Martinez, Senior Citizen Center Manager to attend a seminar sponsored by the New York State Office for Aging on Strategies for Effectively Managing Nutrition Programs in Today’s Challenging Environment in Uniondale, on December 9, 2008. All expenses for registration and travel to be a legal charge to the 2008 budget (meetings and seminars). ? Vote Record - Resolution RES-2008-1048 ? 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 2008-1049 CATEGORY: Bid Acceptance DEPARTMENT: Town Clerk Drydocking of Race Point RESOLVEDaccepts the bid of Thames that the Town Board of the Town of Southold hereby Shipyard and Repair of New London, CT for dry-docking the vessel Race Point, for the Fishers Island Ferry District in the amount of $77,896.00, all in accordance with the Town Attorney. Southold Town Meeting Agenda - December 2, 2008 Page 9 ? Vote Record - Resolution RES-2008-1049 ? 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 2008-1050 CATEGORY: Attend Seminar DEPARTMENT: Planning Board Grant Permission to Mark Terry, Planner, to Attend Peconic Estuary Program Strategic Planning on Shelter Island, New York on December 8 and 9, 2008 RESOLVED grants permission to Mark that the Town Board of the Town of Southold hereby Terry, Planner, to attend Peconic Estuary Program Strategic Planning on Shelter Island, New York on December 8 and 9, 2008. All expenses for registration and travel to be a legal charge to the 2008 Planning Department budget (meetings and seminars). ? Vote Record - Resolution RES-2008-1050 ? 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 2008-1051 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to the Mattituck-Cutchogue Cub and Girl Scouts to Close Love Lane to Have a Holiday Celebration and Tree Decorating with the Mattituck Chamber of Commerce on Sunday, December 7, 2008 Beginning from 3:00 Pm. to 5:00 P.M. RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Mattituck-Cutchogue Cub and Girl Scouts to close Love Lane to have a holiday celebration and tree decorating with the Mattituck Chamber of Commerce on Sunday, December 7, 2008 beginning from 3:00 pm. to 5:00 p.m. , providing they provide the Town Clerk’s office Southold Town Meeting Agenda - December 2, 2008 Page 10 with a certificate of insurance naming the town as an additional insured for one million dollars and contact Capt. Flatley upon receipt of the approval of this resolution 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-2008-1051 ? 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 2008-1052 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Clerk Deferred Compensation Agreement WHEREAS , State Street Bank and Trust Company ("State Street") currently serves as passive, nondiscretionary Trustee for the Town Of Southold Deferred Compensation Plan (the "Plan"); and WHEREAS , State Street has provided notice to Hartford Life Insurance Company that it will no longer provide these services to our customers beyond January 9, 2009; and WHEREAS , as a result, it is desirable to remove State Street as passive, nondiscretionary Trustee of the trust for the Plan and to appoint Reliance Trust Company ("RTC") as successor passive, nondiscretionary Trustee of the trust for the Plan; and now THEREFORE BE IT RESOLVED , that State Street is hereby removed as passive, nondiscretionary Trustee of the trust for the Plan, and that Reliance Trust Company is hereby appointed as successor passive, nondiscretionary Trustee for the trust for the Plan; and Be it FURTHER Southold Town Meeting Agenda - December 2, 2008 Page 11 RESOLVED , that the Supervisor of the Town of Southold, on behalf of the Board, is hereby authorized, empowered and directed to execute any and all documents required to effectuate each removal and appointment, including but not limited to the enclosed Trustee Removal and Appointment, and to take such actions as are necessary, appropriate or advisable to effectuate the foregoing resolution. ? Vote Record - Resolution RES-2008-1052 ? 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 2008-1053 CATEGORY: Litigation DEPARTMENT: Town Attorney Accept Artco Drainage Corp. Settlement RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Board to accept the sum of $7,500.00 in full settlement of the account of unpaid tipping fees for Artco Drainage Corp. ; and authorizes BE IT FURTHER RESOLVED that the Town Board of the Town of Southold hereby and directs Supervisor Scott A. Russell to execute the General Release between the Town of Southold and Artco Drainage Corp. in connection with this settlement , subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-1053 ? 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 2008-1054 Southold Town Meeting Agenda - December 2, 2008 Page 12 CATEGORY: Retirement/Resignation DEPARTMENT: Accounting Accept Martha Jones Intent to Retire RESOLVEDacknowledges the intent to that the Town Board of the Town of Southold hereby retire of Martha Jones from the position of Clerk Typist in the Assessors Office , effective January 9, 2009. ? Vote Record - Resolution RES-2008-1054 ? 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 2008-1055 CATEGORY: Attend Seminar DEPARTMENT: Town Attorney Grants Permission to Assistant Town Attorney, Lori M. Hulse, to Attend the Seminar Entitled “Practicing in the Outlying Districts: Town Ordinances & Landlord-Tenant Matters” at Fifth District Court in Ronkonkoma, New York RESOLVEDgrants permission to that the Town Board of the Town of Southold hereby Assistant Town Attorney, Lori M. Hulse, to attend the Seminar entitled “Practicing in the Outlying Districts: Town Ordinances & Landlord-Tenant Matters” at Fifth District Court in Ronkonkoma, New York , on December 10, 2008. All expenses for registration and travel are to be a charge to the 2008 Town Attorney budget. ? Vote Record - Resolution RES-2008-1055 ? 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 2008-1056 Southold Town Meeting Agenda - December 2, 2008 Page 13 CATEGORY: Committee Decisions DEPARTMENT: Town Clerk Town Board Review Committee RESOLVED appoints Councilman that the Town Board of the Town of Southold hereby Thomas Wickham and Councilman Vincent Orlando to a committee to review the issues of town employees on town committees. ? Vote Record - Resolution RES-2008-1056 ? 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 VI. PUBLIC HEARINGS 1. Waiver Application of Omnipoint Communications