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HomeMy WebLinkAboutAG-04/21/2009 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 April 21, 2009 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 April 21, 2009 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 Jennifer Andaloro I. REPORTS 1. Program for the Disabled March 2009 2. Judge Price Monthly Report March 2009 3. Justice Rudolph H. Bruer march 2009 4. Island Group Claim Lag Report Southold Town Meeting Agenda - April 21, 2009 Page 2 4/1/09 to 3/31/09 II. PUBLIC NOTICES 1. NYS Liquor Authority - New Application Simcha Cellars, LLC, 35 Cox Neck Rd., Mattituck - Applying for Special Farm Winery License III. COMMUNICATIONS IV. DISCUSSION 1. 9:00 A.M. - John Cushman Budget Review 2. 9:30 A.M. - Phillip Beltz 1. Youth Bureau Update: a. Global Youth Service Day b. Internships with Town Gov't c. Suffolk County Youth Work Experience Program 2. Anti-Bias Education Day 3. Coastal Steward Adopt a Beach Program 3. 10:00 A.M. - Ken Reeves/Jen Andaloro Special Events plus request (attached) 4. Transportation Commission Recommendation Griffin Street & Route 25, Cutchogue 5. Summary of Volpe Presentation Supervisor Russell 6. Stormwater Management Committee Supervisor Russell 7. Bombara Proposal from En-Consultants 8. National Flood Insurance Program Flood Insurance Rate Maps for Suffolk County 9. Amendments to Chapter 111 Southold Town Meeting Agenda - April 21, 2009 Page 3 10. Amendments to Chapter 275 11. Amendments to Penalties Zoning 12. Fishers Island Ferry District Items Procurement letter Deferred Comp Employee Handbook 13. SCWA/Laurel Lake Preserve Easement 14. Request from Long Island Farm Bureau Signage 15. Home Rule Request CPF 16. Cell Phone Policy Councilman Orlando 17. 1:00 P.M. - Melissa Spiro Potential Property Acquisition and possible discussion of cost 18. Executive Session Employment history/status of a particular person 19. Personnel - Storm water committee intern - Justice Court intern - Building Department vacancy 20. Support Reforms to Federal Regulations Commercial Fisheries SPECIAL PRESENTATION Arbor Day Poster Winners MINUTES APPROVAL Southold Town Meeting Agenda - April 21, 2009 Page 4 RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Wednesday, August 06, 2008 ? Vote Record - Acceptance of Minutes for August 6, 2008 1:30 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, November 18, 2008 ? Vote Record - Acceptance of Minutes for November 18, 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, February 03, 2009 ? Vote Record - Acceptance of Minutes for February 3, 2009 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 : Thursday, February 12, 2009 ? Vote Record - Acceptance of Minutes for February 12, 2009 3:00 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, February 24, 2009 Southold Town Meeting Agenda - April 21, 2009 Page 5 ? Vote Record - Acceptance of Minutes for February 24, 2009 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, March 10, 2009 ? Vote Record - Acceptance of Minutes for March 10, 2009 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, March 24, 2009 ? Vote Record - Acceptance of Minutes for March 24, 2009 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, April 07, 2009 ? Vote Record - Acceptance of Minutes for April 7, 2009 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 V. RESOLUTIONS 2009-306 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit 4/21/09 Southold Town Meeting Agenda - April 21, 2009 Page 6 RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby April 21, 2009. ? Vote Record - Resolution RES-2009-306 ? 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 2009-307 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Set Next Meeting 5/5/09 4:30 Pm RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, May 5, 2009 at the Southold Town Hall, Southold, New York at 4:30 P. M.. ? Vote Record - Resolution RES-2009-307 ? 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 2009-308 Tabled 4/7/2009 4:30 PM CATEGORY: Budget Modification DEPARTMENT: Public Works Park & Playground Improvements Fiscal Impact: Special Recreation Facilities, using park & playground funds RESOLVEDmodifies the 2009 that the Town Board of the Town of Southold hereby General Fund Whole Town budget as follows: Southold Town Meeting Agenda - April 21, 2009 Page 7 To Revenues: A.2025.00 Special Recreation Facilities Park & Recreation $107,500 Total $107,500 To Appropriations: A.1620.2.500.850 Bldgs & Grounds, Equip., Capital Outlay Tasker Park Improvements $ 12,500 A.1620.2.500.825 Bldgs & Grounds, Equip., Capital Outlay Cochran Park Improvements $ 75,000 A.1620.2.500.350 Bldgs & Grounds, Equip., Capital Outlay Beach Improvements $ 12,000 A.1620.2.500.975 Bldgs & Grounds, Equip., Capital Outlay Rec Center Park Lot Improvements $ 8,000 Total $107,500 ? Vote Record - Resolution RES-2009-308 ? 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 2009-309 CATEGORY: Budget Modification DEPARTMENT: Police Dept Budget Modification - Police Fiscal Impact: This budget modification is needed to cover contractual obligation on an unfunded line. RESOLVEDmodifies the 2009 that the Town Board of the Town of Southold hereby General Fund Whole Town budget as follows: From: Southold Town Meeting Agenda - April 21, 2009 Page 8 A.3130.1.100.200 Overtime Earnings $250.00 To: A.3130.100.500 Holiday Earnings $250.00 ? Vote Record - Resolution RES-2009-309 ? 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 TO BE TABLED 2009-310 CATEGORY: Bid Acceptance DEPARTMENT: Police Dept Accept Bid Asset #3383 RESOLVEDaccepts the bid of Friends that the Town Board of the Town of Southold hereby Auto Sales of Illinois for the 2006 Ford Crown Victoria, Asset #3383, in the amount of $2,289.00 , all in accordance with the Town Attorney’s office. ? Vote Record - Resolution RES-2009-310 ? 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 2009-311 CATEGORY: Authorize to Bid DEPARTMENT: Public Works Peconic School Rehabilitation - Phase I RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise for bids for the Peconic School Rehabilitation – Phase 1 Southold Town Meeting Agenda - April 21, 2009 Page 9 Improvements Project, as per the plans and specification prepared by L. K. McLean Associates, P.C. ? Vote Record - Resolution RES-2009-311 ? 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 2009-312 CATEGORY: Fmla DEPARTMENT: Accounting FMLA Leave for DPW Employee RESOLVEDgrants a 12 week leave of that the Town Board of the Town of Southold hereby absence under the FMLA (the Family and Medical Leave Act) to DPW employee # 4885, effective March 23, 2009. ? Vote Record - Resolution RES-2009-312 ? 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 2009-313 CATEGORY: Budget Modification DEPARTMENT: Land Preservation Budget Modification - CPF Funds Fiscal Impact: Budget modification to correct a miscommuniciation when preparing the 2009 Town budget where no funds were allocated for an existing budget line dedicated to appraisal preparation fee expenditures. Appraisals are necessary for land acquisitions. RESOLVEDhereby modifies the 2009 that the Town Board of the Town of Southold Community Preservation Fund (2% tax) budget as follows: Southold Town Meeting Agenda - April 21, 2009 Page 10 From: H3.8660.2.600.100 Land Acquisitions $ 25,000.00 To: H3.8660.2.500.200 Appraisals $ 25,000.00 ? Vote Record - Resolution RES-2009-313 ? 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 2009-314 CATEGORY: Budget Modification DEPARTMENT: Accounting Modifythe 2009 Fishers Island Ferry District Budget RESOLVEDmodifies the 2009 that the Town Board of the Town of Southold hereby Fishers Island Ferry District budget as follows: TRANSFER FROM: SM 5710.2.000.200 Race Point Repairs $10,000. Fund 5710.2.000.000 “Both Vessels” for items used in both boats. SM 5710.2.000.100 Munnatawket Repairs $5,000. Fund 5710.2.000.000 “Both Vessels” for items used in both boats. SM 5710.4.000.000 Ferry Operations, Other $50,000. Fund 2 new line items, 5710.4.000.800 “Uniforms” and 5710.4.000.9 “Credit Card Fees” in order to track these large expenses separately from this line item. TRANSFER INTO: SM 5710.2.000.000 Both Vessels $15,000. Fund this account to cover items purchased for use on both vessels. SM 5710.4.000.800 Uniforms $10,000. SM 5710.4.000.900 Credit Card Fees $40,000. Establish these 2 new line items to track these large ticket expense items. TRANSFER INTO: Southold Town Meeting Agenda - April 21, 2009 Page 11 SM 5610.2.000.000 Airport Capital Outlay $43,875. Approved cost for the engineering study of the cracks in the runways at airport. TRANSFER INTO: REVENUE SM 3097.00 NYS Capital Grants $1,125. NYDOT approved grant to fund the engineering study at the airport. SM 4097.00 Federal Capital Grants $42,750. FAA approved grant to fund the engineering study at the airport. Net change to the 2009 Budget $0.00 ? Vote Record - Resolution RES-2009-314 ? 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 2009-315 CATEGORY: Refund DEPARTMENT: Zoning Board of Appeals Grant a Refund of $300.00 to Frank Scarola. for Zoning Board of Appeals Permit No.6227 RESOLVEDgrants a refund of $300.00 that the Town Board of the Town of Southold hereby to Frank Scarola for Zoning Board of Appeals Permit No. 6227 at the recommendation of the Zoning Board because the application has been withdrawn. ? Vote Record - Resolution RES-2009-315 ? 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 2009-316 CATEGORY: Refund DEPARTMENT: Zoning Board of Appeals Grant a Refund of $100.00 to M & D Meyran for Zoning Board of Appeals Permit No. 6251 Southold Town Meeting Agenda - April 21, 2009 Page 12 RESOLVEDgrants a refund of $100.00 that the Town Board of the Town of Southold hereby to M & D Meyran for Zoning Board of Appeals Permit No. 6251 at the recommendation of the Zoning Board because the application was withdrawn. ? Vote Record - Resolution RES-2009-316 ? 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 2009-317 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Property Disposition Services Agreement Between the Town of Southold and PropertyRoom.Com, Inc. RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Property Disposition Services Agreement between the Town of Southold and PropertyRoom.com, Inc. regarding online auctioning services for a period of two years commencing on April 1, 2009, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2009-317 ? 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 2009-318 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute an Agreement Between the Town of Southold and the County of Suffolk Southold Town Meeting Agenda - April 21, 2009 Page 13 RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an Agreement between the Town of Southold and the County of Suffolk in connection with the 2009 Youth Services Program, in an amount not to exceed $10,585, commencing on January 1, 2009 through December 31, 2009, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2009-318 ? 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 2009-319 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Statement of Work for Services Between the Town of Southold and IBM (International Business Machines Corporation RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Statement of Work for Services between the Town of Southold and IBM (International Business Machines Corporation) for four (4) hours of consultation to update the Town Hall IBM I520 Server, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2009-319 ? 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 2009-320 CATEGORY: Grants DEPARTMENT: Public Works Southold Town Meeting Agenda - April 21, 2009 Page 14 Bittner Preserve Grant - NYSDOS RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an Agreement with NYS Department of State in connection with a grant from NYS Department of State, under the 2007-2008 Local Waterfront Revitalization Program, Environmental Protection Fund for improvements to the Bittner Preserve in the amount of $195,000, all in accordance with the approval of the Town Attorney. ? Vote Record - Resolution RES-2009-320 ? 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 2009-321 CATEGORY: Authorize to Bid DEPARTMENT: Public Works Bittner Preserve Grant RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise for bids for the removal of the house, pool and bulkhead at the Bittner Preserve, in accordance with the plans & specifications prepared by James Richter, RA, Office of the Town Engineer, Town of Southold. ? Vote Record - Resolution RES-2009-321 ? 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 2009-322 CATEGORY: Attend Seminar DEPARTMENT: Town Attorney Grants Permission to Assistant Town Attorney Jennifer Andaloro to Attend the Seminar Entitled “Use of Southold Town Meeting Agenda - April 21, 2009 Page 15 Force, Risk Management and Legal Strategies” at the Suffolk County Police Academy in Brentwood, New York RESOLVEDgrants permission to that the Town Board of the Town of Southold hereby Assistant Town Attorney Jennifer Andaloro to attend the seminar entitled “Use of Force, Risk Management and Legal Strategies” at the Suffolk County Police Academy in Brentwood, New York , on May 4, 2009. All expenses for registration and travel are to be a charge to the 2009 Town Attorney budget. ? Vote Record - Resolution RES-2009-322 ? 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 2009-323 CATEGORY: Refund DEPARTMENT: Town Clerk Grant a Refund of $500.00 to Arlene Marvin for a Lot Line Change Application to the Planning Department RESOLVEDgrants a refund of $500.00 that the Town Board of the Town of Southold hereby to Arlene Marvin for a lot line change application to the Planning Department at the recommendation of the Planning Department because it was determined an application was not necessary. ? Vote Record - Resolution RES-2009-323 ? 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 - April 21, 2009 Page 16 TO BE TABLED 2009-324 CATEGORY: Equipment DEPARTMENT: Public Works DPW - Field Groomer RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise for bids for the purchase of a Field Groomer for the Department of Public Works. ? Vote Record - Resolution RES-2009-324 ? 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 2009-325 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute an Agreement with the County of Suffolk for the 2009 STOP-DWI Program RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an Agreement with the County of Suffolk for the 2009 STOP-DWI Program in an amount not to exceed $19,000.00, for the term January 1, 2009 through December 31, 2009, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2009-325 ? 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 - April 21, 2009 Page 17 2009-326 CATEGORY: Attend Seminar DEPARTMENT: Town Clerk New York State Town Clerks Association Conference RESOLVED grants permission to Town that the Town Board of the Town of Southold hereby Clerk Elizabeth A. Neville to attend the New York State Town Clerks Association Annual Conference on April 25, 2009 through April 29, 2009 in Rochester, New York All expenses for registration, lodging, and travel to be a legal charge to the 2009 Town Clerk General Fund budget (meetings and seminars). ? Vote Record - Resolution RES-2009-326 ? 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 2009-327 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to Cub Scout Pack 39 to Close Bailey Beach Road and the North End of Inlet View Drive in Mattituck for Its Annual Cubmobile Race on Saturday, June 6Th 2009 from 8:00 AM to 12:00 Noon RESOLVEDgrants permission to Cub that the Town Board of the Town of Southold hereby Scout Pack 39 to close Bailey Beach Road and the north end of Inlet View Drive in th Mattituck for its Annual Cubmobile Race on Saturday, June 6 2009 from 8:00 AM to 12:00 noon , 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 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. Southold Town Meeting Agenda - April 21, 2009 Page 18 ? Vote Record - Resolution RES-2009-327 ? 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 2009-328 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to the Southold American Legion to Host the Annual Memorial Day Parade in Southold on Monday, May 25, 2009 Beginning at 10:00 AM RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Southold American Legion use the following route: from Boisseau Avenue, west on Route 25 to the American Legion Hall at the corner of Route 25 and Tuckers Lane; and to line up along Boisseau Avenue and Hobart Road, for the Town’s Annual Memorial Day Parade in Southold, on Monday, May 25, 2009, beginning at 10:00 AM , 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 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-2009-328 ? 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 2009-329 CATEGORY: Employment - Town DEPARTMENT: Accounting Heather Lanza Permanent Position WHEREAS the Town Board of the Town of Southold has provisionally appointed Heather Southold Town Meeting Agenda - April 21, 2009 Page 19 Lanza to the position of Town Planning Director effective August 29, 2007 and WHEREAS Heather Lanza has taken and passed the Civil Service examination for Town Planning Director, and is reachable on the Suffolk County Department of Civil Service List of Eligible’s for the competitive position of Town Planning Director, and WHEREAS the Town Board of the Town of Southold has determined that it is the best interest of the Town to appoint Heather Lanza to the permanent position of Town Planning Director from said List of Eligible’s, now therefore be it RESOLVEDappoints Heather Lanza to that the Town Board of the Town of Southold hereby the position of Town Planning Director from the Suffolk County Department of Civil Service effective April 21, 2009 List of Eligible’s , with no salary change. ? Vote Record - Resolution RES-2009-329 ? 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 2009-330 CATEGORY: Employment - Town DEPARTMENT: Accounting Permanent Principal Planner Mark Terry WHEREAS the Town Board of the Town of Southold has provisionally appointed Mark Terry to the position of Principal Planner effective May 8, 2007 and WHEREAS Mark Terry has taken and passed the Civil Service examination for Principal Planner, and is reachable on the Suffolk County Department of Civil Service List of Eligible’s for the competitive position of Principal Planner, and Southold Town Meeting Agenda - April 21, 2009 Page 20 WHEREAS the Town Board of the Town of Southold has determined that it is the best interest of the Town to appoint Mark Terry to the permanent position of Principal Planner from said List of Eligible’s, now therefore be it RESOLVEDappoints Mark Terry to that the Town Board of the Town of Southold hereby the position of Principal Planner from the Suffolk County Department of Civil Service List of effective April 21, 2009 Eligible’s , with no salary change. ? Vote Record - Resolution RES-2009-330 ? 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 2009-331 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Clerk Ad E.E.I. East End Inspection Agency, LLC as Electrical Insp. RESOLVED that the Town Board of the Town of Southold hereby designates the Chief E.E.I. East End Inspection Agency, Inspector and/or each of the duly appointed inspectors of LLC, East Quogue, New York, as Electrical Inspectors of the Town of Southold , to make inspections and reinspections of all electrical installations, commencing immediately through December 31, 2009, all in accordance with Chapter 126 (Electrical Inspections) of the Code of the Town of Southold and all in accordance with the office of the Town Attorney; and be it further RESOLVED , that E.E.I. East End Inspection Agency, LLC, in accordance with Chapter 126 of provide the Town with a Certificate of Liability Insurance in the the Town Code, shall amount of Nine Million Dollars , naming the Town of Southold as an additional insured and all in accordance with the Town Attorney. Southold Town Meeting Agenda - April 21, 2009 Page 21 ? Vote Record - Resolution RES-2009-331 ? 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 2009-332 CATEGORY: Employment - Town DEPARTMENT: Accounting Permanent Position Tamara Sadoo WHEREAS the Town Board of the Town of Southold has provisionally appointed Tamara Sadoo to the position of Planner effective June 9, 2008 and WHEREAS Tamara Sadoo has taken and passed the Civil Service examination for Planner, and is reachable on the Suffolk County Department of Civil Service List of Eligible’s for the competitive position of Planner, and WHEREAS the Town Board of the Town of Southold has determined that it is the best interest of the Town to appoint Tamara Sadoo to the permanent position of Planner from said List of Eligible’s, now therefore be it RESOLVEDappoints Tamara Sadoo to that the Town Board of the Town of Southold hereby the position of Planner from the Suffolk County Department of Civil Service List of Eligible’s effective April 21, 2009 , with no salary change. ? Vote Record - Resolution RES-2009-332 ? 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 - April 21, 2009 Page 22 TO BE TABLED 2009-333 CATEGORY: Retirement/Resignation DEPARTMENT: Accounting Resignation Theresa Van Etten RESOLVEDaccepts the resignation of that the Town Board of the Town of Southold hereby _Theresa Van Etten from the position of Account Clerk in the Building Department , effective May 29, 2009. ? Vote Record - Resolution RES-2009-333 ? 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 2009-334 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Clerk FIFD Computer Upgrade RESOLVEDauthorizes the Fishers Island that the Town Board of the Town of Southold hereby Ferry District Board of Commissioners to engage Star Computers of Niantic, CT to furnish and install the necessary hardware and software to develop a Virtual Private Network that is internet based and will link the New London offices together with the Fishers Island offices for the contracted price of $9475.00. ? Vote Record - Resolution RES-2009-334 ? 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 - April 21, 2009 Page 23 2009-336 CATEGORY: Coastal Erosion DEPARTMENT: Town Attorney Authorizes Supervisor Scott A. Russell to Retain En-Consultants, Inc. to Perform a Review and Render an Opinion in Connection with Robert Bombara’s Coastal Erosion Appeal, RESOLVEDauthorizes Supervisor that the Town Board of the Town of Southold hereby Scott A. Russell to retain En-Consultants, Inc. to perform a review and render an opinion in connection with Robert Bombara’s Coastal Erosion appeal , in accordance with their Proposal dated April 20, 2009, at a rate of $250.00 per hour, with a minimum fee of $1,500.00 and an estimated 10 to 15 hours of work, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2009-336 ? 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 2009-337 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint Daniel McCarthy to Part Time Clerk Typist RESOLVEDappoints Daniel McCarthy that the Town Board of the Town of Southold hereby to the position of a part-time Clerk Typist for the Town Clerk/Records Management Department, effective April 22, 2009, at a rate of $12.74 per hour. ? Vote Record - Resolution RES-2009-337 ? 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 - April 21, 2009 Page 24 2009-338 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Multi-Modal Program Capital Project Agreement WHEREAS , a Project for the installation of flashing school zone signage for the Mattituck- Cutchogue School District with speed indicator signs, P.I.N. #OMA140.30A (the “Project”) is eligible for funding under Title 23 U.S. Code, as amended, and New York State’s Multi-Modal Program administered by the NYS Department of Transportation (“NYSDOT”); and WHEREAS , the Town of Southold desires to advance the Project by making a commitment of advance funding of the non-local share and funding of the full local share of the costs of the Project. NOW, THEREFORE , the Town Board of the Town of Southold, duly convened be it RESOLVED that the Town Board of the Town of Southold hereby approves the above subject Project; and it is further RESOLVED that the Town Board of the Town of Southold hereby authorizes the Town of Southold to pay in the first instance 100% of the federal and non-federal share of the cost of the installation of the flashing beacon work for the Project or portions thereof; and it is further RESOLVED that the sum of $95,000 is hereby appropriated from the Traffic Control Budget in the General Fund and made available to cover the cost of participation in the above phase of the Project; and it is further RESOLVED that in the event the full federal and non-federal share costs of the Project exceeds the amount appropriated above, the Town of Southold shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the New York State Southold Town Meeting Agenda - April 21, 2009 Page 25 Department of Transportation thereof; and it is further RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute all necessary Agreements, certifications or reimbursement requests for Federal Aid and/or Multi-Modal Program Funding on behalf of the Town of Southold with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality’s first instance funding of Project costs and permanent funding of the local share of federal-aid and all Project costs that are not so eligible; and it is further RESOLVED that a certified copy of this Resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project; and it is further RESOLVED that a certified copy of this Resolution be filed with the Commissioner of Transportation of the State of New York by attaching it to any required and/or appropriate Agreements executed in connection with the Project between the Town of Southold and the State of New York; and it is further RESOLVED that this Resolution shall take effect immediately. ? Vote Record - Resolution RES-2009-338 ? 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 2009-339 CATEGORY: Policies DEPARTMENT: Town Clerk Adopt a Cell Phone Policy Southold Town Meeting Agenda - April 21, 2009 Page 26 RESOLVEDadopts the following that the Town Board of the Town of Southold hereby POLICY regarding the usage of cell phones: The Town of Southold provides cellular telephones to some employees as a business tool. Cell phones are provided to assist employees in communicating with management and other employees, residents, associates, and others with whom they may conduct business. Cell phones' will be used strictly for official Town business by employees and officials. Cell phone assignments will .be granted .in 'cases where it can be demonstrated that such use will improve efficiency, or enhance safety and emergency response. Assignment of Town cell phones shall be restricted to officials and employees who: ? must be accessible at all times at meetings or similar functions due to the nature of their duties, OR ? travel from their assigned work sites on official Town business for a significant part (25% 01' more) of their normal work day, AND . ? have a frequent and continuing need to communicate' with others on official Town business while away from the assigned work site. Requests for cell phone assignments shall be made by the appropriate department head and submitted to the Town Supervisor for approval. Whenever a position becomes vacant, that cell phone assignment shall be reevaluated; Employees may have access to a cell phone while in their cars and should remember that their primary responsibility is driving safely and obeying the rules of the road. Employees are prohibited from using cell phones to conduct business while driving and should safely pull off the road and come to a complete stop before dialing or talking on the phone. As a representative of the Town of Southold, cell phone users are reminded that the regular business etiquette employed when speaking from office phones or in meetings applies to conversations conducted over a cell phone. Southold Town Meeting Agenda - April 21, 2009 Page 27 ? Vote Record - Resolution RES-2009-339 ? 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 2009-340 CATEGORY: Employment - Town DEPARTMENT: Accounting Full Time Appointment Confidential Secretary RESOLVEDappoints Sandra Berliner that the Town Board of the Town of Southold hereby to the position of Confidential Secretary for the Supervisor, effective April 22, 2009, at a rate of $54,691.00 per annum. ? Vote Record - Resolution RES-2009-340 ? 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 2009-341 CATEGORY: Support Resolution DEPARTMENT: Town Clerk Support Reform to Federal Regulations for Comm. Fish RESOLVEDsupports the following resolution that the Town Board of the Town of Southold in regard to reforms to Federal Regulations which Impact Commercial Fisheries: Resolution Supporting Reforms to Federal Regulations Which Impact Commercial Fisheries WHEREAS, commercial fisheries are a critical component of eastern Long Island's local Southold Town Meeting Agenda - April 21, 2009 Page 28 economy, and like its agricultural traditions, constitute an important aspect of the area's heritage; and heavily WHEREAS; the fishing industry operates within one of the most regulated business environments in the nation, with an administrative framework from multiple layers of government such as the federally appointed Marine Fisheries Councils, the States' Atlantic Marine Fisheries' Commission, the United States Congress, the National Marine Fisheries Services, the US. Department of Commerce, the New York State Legislature, and the New York State Department of Environmental Conservation; and WHEREAS, the federal and state regulations' promulgated from these and other entities have negative resulted in significant and continuing consequences to commercial fishermen and related industries; including resort tourism, restaurants, and recreational aspects of the region's economy; and WHEREAS, the nationwide economic downturn is further compounding the problem and government remove community advocates are calling upon to onerous burdens and stream line regulations, particularly those which have been called into question for longstanding creating inequities across the northeastern United States; and WHEREAS, over the years, numerous efforts at reform have been undertaken for public consideration such as the East End Economic & Environmental Task's blueprint for Our Future, the Pombo-Frank bill in House of Representatives, as well as a myriad of initiatives from individual lawmakers and advocacygroups; and WHEREAS, United States Senator Charles Schumer of New York has proposed a standardization of the quotas for the northeast region to level the playing field for commercial fishermen, and to ease draconian deadlines and onerous restrictions which have been based upon questionable statistical methods: and now THEREFORE BE IT RESOLVED that the East End Supervisors and Mayors Association hereby adopts this resolution in support of federal legislation to ensure parity for Long Island in regard to other states such as Connecticut, New Jersey, and Rhode Island; and BE IT FURTHER RESOLVED, that among those reforms supported by the East End Supervisors and Mayors Association are those put forth by Senator Schumer, which included: (1) changes to length of fishing seasons, along with the number and size of fish that maybe kept; (2) developing and evaluating a new type of data collection system to ensure the most accurate statistics are used in considering future recommendations; (3) an annual analysis of the cumulative socioeconomic impacts to a fishing community when determining timelines, cutbacks, and quotas, as well as developing multiyear management plans to reflect an average of fishing quotes, rather than attempting to offset annual fluctuations; and BE IT FURTHER RESOLVED, that the East End Supervisors and Mayors Association shall send a copy of this resolution to U.S. Senator Charles Schumer, U.S. Senator Kirsten Gillibrand, Southold Town Meeting Agenda - April 21, 2009 Page 29 U.S. Congressman Timothy Bishop; N.Y State Senator Kenneth LaValle, N.Y. State Assemblyman Fred Thiele, N.Y; State Assemblyman Marc Alessi, N.Y. State Governor David Levy, Paterson, Suffolk County Executive Steve Suffolk County Commissioner of Economic Development and Workforce Housing Patrick Heaney. ? Vote Record - Resolution RES-2009-341 ? 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 2009-342 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute an Agreement Between the Town of Southold and Coastal Steward Adopt-A-Beach Program RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an Agreement between the Town of Southold and Coastal Steward Adopt-A-Beach Program regarding the organization of volunteer clean-up programs on certain Town beaches, as prioritized by the Town Board, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2009-342 ? 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 2009-343 CATEGORY: Public Service DEPARTMENT: Town Attorney Wedding Ceremonies on Public Beaches RESOLVEDadopts the application that the Town Board of the Town of Southold hereby Southold Town Meeting Agenda - April 21, 2009 Page 30 form submitted by Recreation Director Kenneth Reeves, for the use of Southold Town beaches for the purpose of Wedding Ceremonies. ? Vote Record - Resolution RES-2009-343 ? 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 2009-344 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney PH LL 6/2/09 4:35 Pm Penalties - Zoning WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, “A Local Law in relation to New York, on the 21st day of April, 2009, a Local Law entitled Amendments to Penalties in the Southold Town Code” now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the nd 2 aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the day of June, 2009 at 4:35 p.m. at which time all interested persons will be given an opportunity to be heard. “A Local Law in relation to Amendments to Penalties in the The proposed Local Law entitled, Southold Town Code” reads as follows: LOCAL LAW NO. 2009 “A Local Law in relation to Amendments to Penalties in the Southold A Local Law entitled, Town Code” . BE IT ENACTED by the Town Board of the Town of Southold as follows: Southold Town Meeting Agenda - April 21, 2009 Page 31 I. Purpose - The Town Board has reviewed the penalties associated with violations of the Zoning Chapter of the Town Code and determined that insofar as the fines have not been updated in many years, do not reflect a fair and appropriate assessment against those in violation of this chapter, and are not consistent with the penalty schedules in other chapters in the Town Code. Therefore, the Town Board believes it necessary to increase the amounts of the fines to discourage potential violators from unpermitted and/or illegal activity and assert punitive remedy where warranted. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: § 280-33. Penalties for offenses . Any violation of any provision of this article shall be punishable in the following manner: A. First offense: by a fine of not less than $1,000 nor more than $5,000. B. Second offense and for any offense thereafter: by a fine of not less than $5,000 and not more than $10,000 for each offense. C. Any offense under this article may be punishable by revocation of an existing certificate of occupancy. D. Any individual who has violated covenants and resolutions imposed pursuant to this article shall be prohibited from further participation in ownership opportunities and benefits within an approved AHD District. §280-155. Penalties for offenses. For each offense against any of the provisions of this chapter or any regulations made pursuant thereto or for failure to comply with a written notice or order of any Building Inspector within the time fixed for compliance therewith, the owner, occupant, builder, architect, contractor or their agents or any other person who commits, takes part or assists in the commission of any such offense or who any person, including an owner, contractor, agent or other person who shall fails to comply with a written order or notice of any Building Inspector, Zoning Ordinance Inspector, or Code Enforcement Officer shall, upon a first conviction thereof, be guilty of a violation, punishable by a fine of not exceeding $500 $5000 or by imprisonment for a period not to exceed 15 days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense. For a second and subsequent conviction within 18 months thereafter, such person shall be guilty of a violation punishable by a fine not exceeding $1,500 $10,000 or by imprisonment for a period not to exceed 15 days, or by both such fine and imprisonment. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by Southold Town Meeting Agenda - April 21, 2009 Page 32 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-2009-344 ? 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 2009-345 CATEGORY: Employment - Town DEPARTMENT: Accounting Hire Student Intern for Stormwater Mitigation RESOLVEDappoints Meaghan Burke that the Town Board of the Town of Southold hereby to the position of Student Intern in the Planning Department at a rate of $12.00 per hour, said appointment starting on or about May 18, 2009 and ending on or about August 15, 2009, with the costs associated with this employment to be funded in full or in part by grant contract C303426, Peconic Estuary Program – Hashamomuck Pond between the Town and the NYS Department of Environmental Conservation or other storm water mitigation grant contracts with other state agencies . ? Vote Record - Resolution RES-2009-345 ? 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 Southold Town Meeting Agenda - April 21, 2009 Page 33 1. LL Docks PH 4/21/09 7:35 Pm