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HomeMy WebLinkAboutAG-05/05/2009 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 May 5, 2009 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 May 5, 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. NFAWL Financial Statements December 31, 2008 2. Justice Evans March 2009 3. Budget Report Month ended March 31, 2009 4. Peconic Bay Community Preservation Fund Southold Town Meeting Agenda - May 5, 2009 Page 2 Financial Statement for year ended December 31, 2008 II. PUBLIC NOTICES 1. Application to Army Corps of Engineers Peter Cosola, Corey Creek, Southold - install 4 2-pile mooring dolphins at end of existing dock. Comments accepted through May 14, 2009 2. NYS Liquor License Renewal Shady Lady Restaurant Corp., 305 North Rd., Greenport 3. NY Metropolitan Transportation Council Coordinated Public Transit-Human Service plan "Connecting Communities through Coordination". Comment period for the Draft Report is May 4 - June 3 Public Meeting - May 14 3-5pm and 6-8pm at H L Dennison Bldg., 100 Veterans Highway, Media Room, Hauppauge. III. COMMUNICATIONS IV. DISCUSSION 1. 9:00 A.M. - Mark Terry, John Sepenoski LWRP Year End Review 2. 9:30 A.M. - Jim McMahon, Ken Reeves YES (Youth Environmental Stewardship) Program 3. 10:00 A.M. - Mike Verity New hiring in Building Department 4. 10:30 A.M. - Peter Harris Escalation clause for asphalt bids 5. Justice Court Intern 6. Lunch 7. Police Advisory Committee Goals, mission Statement, review 8. Bombara Hearing to be re-opened June 2nd at 9:00 a.m. and republished Southold Town Meeting Agenda - May 5, 2009 Page 3 9. SEQRA Documents Estate of Grigonis/Water Map Amendment 10. Special Events 11. Signs per Councilman Krupski 12. Convenience Stores 13. Public Informational Meeting re: Noise Ordinance 14. Public Informational Meeting re: Docks 15. Proposed Change to Local Law re: Yard Sales 16. US Dept of Energy Energy Efficiency and Conservation Block grants - Supervisor Russell 17. MetroPCS Site Lease Agreement 18. TDR Findings Statement 19. Set Interviews for CAC 20. Ethics Board Appointments 21. 12:00 Noon - EXECUTIVE SESSION - Melissa Spiro Potential Property Acquisition and offer 22. 12:30 P.M. - EXECUTIVE SESSION - John Cushman, Heather Lanza Employment History/status/issues of particular persons - Planning department - 12:30 p.m. - ZBA office 23. Executive Session Plum Island Southold Town Meeting Agenda - May 5, 2009 Page 4 MINUTES APPROVAL RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Tuesday, April 21, 2009 ? Vote Record - Acceptance of Minutes for April 21, 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 V. RESOLUTIONS 2009-335 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit 5/5/09 RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby May 5, 2009. ? Vote Record - Resolution RES-2009-335 ? 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 2009-346 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Set Next Meeting 5/19/09 4:30 Pm RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, May 19, 2009 at the Southold Town Hall, Southold, New York at 4:30 P. M.. Southold Town Meeting Agenda - May 5, 2009 Page 5 ? Vote Record - Resolution RES-2009-346 ? 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 2009-310 Tabled 4/21/2009 7:30 PM 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 THIS RESOLUTION IS WITHDRAWN 2009-324 Tabled 4/21/2009 7:30 PM 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. Southold Town Meeting Agenda - May 5, 2009 Page 6 ? 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 2009-333 Tabled 4/21/2009 7:30 PM 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 2009-347 CATEGORY: Attend Seminar DEPARTMENT: Police Dept Attend Seminar - Police - Hudock 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 Association Quarterly meeting commencing on Thursday, June 4 through Friday, June 5, 2009 in Lake George, New York. All expenses for travel and miscellaneous expenses to be a legal charge to the 2009 Juvenile Aid Budget line - A.3157.4.600.200. Travel to be by Department vehicle. Southold Town Meeting Agenda - May 5, 2009 Page 7 ? Vote Record - Resolution RES-2009-347 ? 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 2009-348 CATEGORY: Advertise DEPARTMENT: Police Dept Authorize Town Clerk to Advertise - Property Bureau, Inc. RESOLVED authorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise that the Police Department will have surplus property available for bid at www.PropertyRoom.com <http://www.PropertyRoom.com> (an online auction site) for the period commencing April 1, 2009 through April 1, 2011 in the local newspaper for two (2) consecutive weeks. ? Vote Record - Resolution RES-2009-348 ? 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 2009-349 CATEGORY: Committee Resignation DEPARTMENT: Town Clerk Accept the Resignation of Margaret Minichine from the Orient Hamlet Stakeholders RESOLVEDaccepts the resignation of that the Town Board of the Town of Southold hereby Margaret Minichine from the Orient Hamlet Stakeholders , effective June 30, 2009. Southold Town Meeting Agenda - May 5, 2009 Page 8 ? Vote Record - Resolution RES-2009-349 ? 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 2009-350 CATEGORY: Misc. Public Hearing DEPARTMENT: Town Attorney Set June 2, 2009 at 9:00 AM in the Town Meeting Hall to Reopen the Public Hearing on the Coastal Erosion Hazard Board of Review Appeal of Robert G. Bombara RESOLVEDsets June 2, 2009 at 9:00 AM in that the Town Board of the Town of Southold the Town Meeting Hall, 53095 Main Road, Southold, New York 11971, as the time and reopen place to the public hearing on the Coastal Erosion Hazard Board of Review Appeal of Robert G. Bombara, relating to a proposed new single-family dwelling, garage and swimming pool proposed to be located at 1725 North Sea Drive, Southold, SCTM #1000-54- 4-19 , and directs the Town Clerk to publish notice of such appeal in The Suffolk Times not less than ten (10) days nor more than thirty (30) days prior to such hearing and to notify the applicant by first class mail. ? Vote Record - Resolution RES-2009-350 ? 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 2009-351 CATEGORY: Organizational DEPARTMENT: Town Attorney Special ADA Designation/Jennifer Andaloro RESOLVEDrequests Suffolk County that the Town Board of the Town of Southold hereby District Attorney Thomas Spota to designate Southold Assistant Town Attorney, Jennifer Southold Town Meeting Agenda - May 5, 2009 Page 9 Andaloro, as Special Assistant District Attorney , for the purpose of prosecuting violations of the Code and Ordinances of the Town of Southold, to serve at the pleasure of the Town Board. ? Vote Record - Resolution RES-2009-351 ? 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 2009-352 CATEGORY: Advertise DEPARTMENT: Human Resource Center Advertise for P/T MiniBus Driver RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise for the position of part-time Mini Bus Driver at the Human Resource Center at 17.5 hours per week at $15.66 per hour , CDL license required ? Vote Record - Resolution RES-2009-352 ? 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 2009-353 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to the North Fork Environmental Council to Hold Its “Bike What’s Left” Event, on Saturday, August 15, 2009 RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby North Fork Environmental Council to hold its “Bike What’s Left” event, on Saturday, August 15, 2009 (rain date Sunday, August 16) from 11:00 AM to 1:00 PM , provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold Town Meeting Agenda - May 5, 2009 Page 10 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. There is no police expenses associated with this event. The route will begin at the Mattituck train station parking lot, go up Pike Street to Wickham Avenue to Mill Lane on to Oregon Road, down to Depot lane, to Main Road, right on Main Road to New Suffolk Road to New Suffolk Avenue, back to the Main Road to the NFEC office. ? Vote Record - Resolution RES-2009-353 ? 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 2009-354 CATEGORY: Attend Seminar DEPARTMENT: Human Resource Center Grant Permission to Karen McLaughlin, Town Director of Human Services to Attend and be a Guest Speaker on a Community Approach to Integrating Behavior Health in Older Adults at the 3Rd Annual Geriatric Mental Health Alliance of New York Conference at the Marriott New York in Brooklyn on May 15, 2009 Fiscal Impact: No overtime will apply and use of Town vehicle is not required. RESOLVEDgrants permission to Karen McLaughlin, that the Town Board of the Town of Southold Town Director of Human Services to attend and be a guest speaker on A Community Approach to rd Integrating Behavior Health in Older Adults at the 3 Annual Geriatric Mental Health Alliance of New York Conference at the Marriott New York in Brooklyn on May 15, 2009 . There will be no expenses or charges to the town resulting from her attendance at the conference. ? Vote Record - Resolution RES-2009-354 ? 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 - May 5, 2009 Page 11 2009-355 CATEGORY: Employment - Town DEPARTMENT: Accounting Hire Three Pumpout Boat Operators RESOLVEDappoints David Comando, that the Town Board of the Town of Southold hereby Matthew Quinn and William C. Fisher, each to the seasonal position of Pumpout Boat Operator for the Trustees, effective May 22, 2009 through October 12, 2009, at a rate of $14.00 per hour. ? Vote Record - Resolution RES-2009-355 ? 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 2009-356 CATEGORY: Employment - Town DEPARTMENT: Accounting Resignation of Mini-Bus Driver RESOLVEDaccepts the resignation of that the Town Board of the Town of Southold hereby Daniel E. Cleary from the position of Mini-bus Driver in the Department of Human Services , effective May 15, 2009. ? Vote Record - Resolution RES-2009-356 ? 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 2009-357 CATEGORY: Employment - Town DEPARTMENT: Accounting Southold Town Meeting Agenda - May 5, 2009 Page 12 Retirement of Police Sergeant Raymond Van Etten RESOLVEDacknowledges the that the Town Board of the Town of Southold hereby retirement of Raymond E. Van Etten from the position of Sergeant in the Town of Southold Police Department , effective May 28, 2009. ? Vote Record - Resolution RES-2009-357 ? 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 2009-358 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint Town Attorney RESOLVEDappoints Martin Finnegan that the Town Board of the Town of Southold hereby to the position of Town Attorney, effective June 1, 2009, at a rate of $106,862.50 per annum, he to hold such office until the first day of January next succeeding the first biennial town election. ? Vote Record - Resolution RES-2009-358 ? 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 2009-359 CATEGORY: Attend Seminar DEPARTMENT: Data Processing LI/NYC Emergency Management Conference 2009 Fiscal Impact: Southold Town Meeting Agenda - May 5, 2009 Page 13 Annual LI/NYC Emergency Management Conference. The focus this year will be on the current status of emergency management planning, preparing and readiness to react and respond. RESOLVED grants permission to Chief that the Town Board of the Town of Southold hereby Cochran, Capt. Flatley, Lt. Sawicki, Peter Harris and Lloyd Reisenberg to attend a seminar from May 27 to May 28 in Huntington NY , 2009. All expenses for registration, travel and lodging (if necessary) to be a legal charge to the 2009 Emergency Management budget (meetings and seminars). ? Vote Record - Resolution RES-2009-359 ? 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 2009-360 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Orient FD Memorial Day Parade RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Orient Fire Department to use the following route for its Annual Memorial Day Parade in Orient on Monday, May 25, 2009 beginning at 7:30 AM: begin at the Firehouse and take Tabor Road to Orchard Street to Navy Street to Village Lane to Main Road and back to the Firehouse, 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-2009-360 ? 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 - May 5, 2009 Page 14 2009-361 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Communications Site Lease Agreement Between the Town of Southold and MetroPCS New York, LLC RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Communications Site Lease Agreement between the Town of Southold and MetroPCS New York, LLC , regarding a cell tower site located at the Town of Southold Police Department, for a term of 60 months, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2009-361 ? 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 2009-362 CATEGORY: Budget Modification DEPARTMENT: Town Attorney TA Budget Modification Fiscal Impact: for the purpose of covering sick, vacation and overtime earnings paid out for separated employees and to cover a student intern from the Supervisor’s Office that assisted the Town Attorney’s Office in January 2009 RESOLVEDmodifies the General Fund that the Town Board of the Town of Southold hereby Whole Town 2009 budget as follows: TO: A.1420.1.100.200 Town Attorney, Overtime Earnings $ 1,672.00 A.1420.1.100.300 Town Attorney, Vacation Earnings $ 6,900.00 A.1420.1.100.400 Town Attorney, Sick Earnings $17,249.00 A.1220.1.300.100 Supervisor, Seasonal Employees, $ 425.00 Regular Earnings Southold Town Meeting Agenda - May 5, 2009 Page 15 TOTALS: $26,246.00 FROM: A.1420.1.100.100 Town Attorney, Regular Earnings $26,246.00 TOTALS: $26,246.00 ? Vote Record - Resolution RES-2009-362 ? 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 2009-363 CATEGORY: Bid Acceptance DEPARTMENT: Highway Department Accept Bid Dump Body/Spreader RESOLVED accepts the bid of Trius that the Town Board of the Town of Southold hereby Inc., located at 458 Johnson Avenue, P.O. Box 158, Bohemia, NY, for the purchase of One (1) New Swenson Model APB Combination Dump Body/Material Spreader (10’/7.7 Cubic Yd. capacity), for use by the Highway Department, in the amount of $12,000.00, all in accordance with the Town Attorney. ? Vote Record - Resolution RES-2009-363 ? 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 2009-364 CATEGORY: Employment - Town DEPARTMENT: Accounting Hire Pumpout Boat Operators for Fishers Island Waters Southold Town Meeting Agenda - May 5, 2009 Page 16 RESOLVEDappoints Michael Conroy that the Town Board of the Town of Southold hereby and George E. Peabody Jr., each to the seasonal position of Pumpout Boat Operator for the Trustees in waters around Fishers Island, effective May 22, 2009 through October 12, 2009, at a rate of $14.00 per hour. ? Vote Record - Resolution RES-2009-364 ? 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 2009-365 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Amendment of Agreement Between the Suffolk County Office for the Aging and the Town of Southold for the IIIC Nutrition Programs RESOLVED authorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Amendment of Agreement between the Suffolk County Office for the Aging and the Town of Southold for the IIIC Nutrition Programs , for the period January 1, 2007 through December 31, 2009, for congregate and home delivered meals for the elderly, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2009-365 ? 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 2009-366 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Manufacturer’s Agreement Between the Town of Southold and Musco Sports Lighting, LLC Regarding the Installation of Musco’s Light Structure Southold Town Meeting Agenda - May 5, 2009 Page 17 Green System and the Reconfiguration of Some Existing Musco System Lights RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Manufacturer’s Agreement between the Town of Southold and Musco Sports Lighting, LLC regarding the installation of Musco’s Light Structure Green System and the reconfiguration of some existing Musco system lights at the softball/baseball field on Peconic Lane, at a total cost of $39,000, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2009-366 ? 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 2009-367 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Recreation Hire Spring 2009 Computer Instruction Recreation RESOLVEDauthorizes and directs Supervisor that the Town Board of the Town of Southold Scott A. Russell to execute an agreement with the following individual for the Spring 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. Kendra Wadlington (beginner computer)................................... $30/hour ? Vote Record - Resolution RES-2009-367 ? 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 - May 5, 2009 Page 18 2009-368 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification for Tax Receiver RESOLVEDmodifies the 2009 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: From: A.1330.1.300.100 Tax Collection, P.S. Seasonal Employees, Regular Earnings $190.00 To: A.1330.1.300.200 Tax Collection, P.S. Seasonal Employees, Overtime Earnings $190.00 ? Vote Record - Resolution RES-2009-368 ? 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 2009-369 CATEGORY: Authorize to Bid DEPARTMENT: Highway Department Authorize and Directs the Town Clerk to Advertise for Various Road Treatment Bids for the Calendar Year 2008 RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise for various road treatment bids for the calendar year 2009 . ? Vote Record - Resolution RES-2009-369 ? 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 - May 5, 2009 Page 19 2009-370 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Supervisor Energy Services Program Agreement RESOLVED authorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an Energy Services Program agreement between the Power Authority of the State of New York and the Town of Southold to reduce energy costs and/or to realize significant environmental benefits, subject to approval of the Town Attorney. ? Vote Record - Resolution RES-2009-370 ? 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 2009-371 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Appoint Cathy Sleckman and William Grigonis to the Ethics Board RESOLVEDappoints the following that the Town Board of the Town of Southold hereby members to the Ethics Board, effective immediately: Cathy Sleckman, term to expire March 31, 2011 and William Grigonis, term to expire March 31, 2014 . ? Vote Record - Resolution RES-2009-371 ? 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 2009-372 CATEGORY: Attend Seminar Southold Town Meeting Agenda - May 5, 2009 Page 20 DEPARTMENT: Town Clerk Authorize Town Clerk Elizabeth Neville and Records Management Assistant Stacey Norklun, to Attend the New York State Archives Workshop, Entitled “Developing Records Management Policies & Procedures” RESOLVEDTown Clerk that the Town Board of the Town of Southold hereby authorizes Elizabeth Neville and Records Management Assistant Stacey Norklun, to attend the New York State Archives Workshop, entitled “Developing Records Management Policies & Procedures”, at Hauppauge, New York, on Wednesday, May 6, 2009 , at no cost to the town. ? Vote Record - Resolution RES-2009-372 ? 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 2009-373 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Clerk LL Yard Sales 6/2 4:40 Pm WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk th “A Local Law in relation County, New York, on the 5 day of May, 2009, a Local Law entitled to Yard Sales” now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the nd 2 day of June, 2009 at 4:40 p.m. at which time all interested persons will be given an opportunity to be heard. “A Local Law in relation to Yard Sales” The proposed Local Law entitled, reads as follows: LOCAL LAW NO. 2009 Southold Town Meeting Agenda - May 5, 2009 Page 21 “A Local Law in relation to Yard Sales” A Local Law entitled, . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - The purpose of this local law is to allow for one additional yard sale per annum, not to exceed two per lot in a calendar year. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: § 280-13. Use Regulations. C. Accessory uses, limited to the following uses and subject to the conditions listed in §280-15 herein: (9) Yard sales, attic sales, garage sales, auction sales or similar types of sales of personal property owned by the occupant of the premises and located thereon, subject to the following requirements: (a) Not more than one two such sales shall be conducted on any lot in any one calendar year. (b) Adequate supervised parking facilities shall be provided. (c) No signs, except one on-premises sign not larger than six square feet in size displayed for a period of not longer than one week immediately prior to the day of such sale, shall be permitted. (d) A permit shall be obtained therefor from the Town Clerk upon the payment of a fee of $15. [Amended 8-24-1993 by L.L. No. 18-1993] (e) The display permit issued by the Town Clerk shall be posted on the premises so it can be read from the street and removed before sundown on the day of the sale. [Added 8-24-1993 by L.L. No. 18- 1993] III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV.EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided Southold Town Meeting Agenda - May 5, 2009 Page 22 by law. ? Vote Record - Resolution RES-2009-373 ? 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 2009-374 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Memorandum of Understanding Between the Town of Southold and RSVP (Retired Senior Volunteer Program) RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Memorandum of Understanding between the Town of Southold and RSVP (Retired Senior Volunteer Program) regarding the Human Resource Center working with RSVP as a volunteer station providing various services to homebound senior citizens, at no cost to the Town, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2009-374 ? 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 2009-375 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney LL Special Events 6/2/09 4:45 Pm WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk th “A Local Law in relation County, New York, on the 5 day of May, 2009, a Local Law entitled to Special Events” now, therefore, be it Southold Town Meeting Agenda - May 5, 2009 Page 23 RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the nd 2day of June, 2009 at 4:45 p.m. at which time all interested persons will be given an opportunity to be heard. “A Local Law in relation to Special Events” The proposed Local Law entitled, reads as follows: LOCAL LAW NO. 2009 “A Local Law in relation to Special Events” A Local Law entitled, . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - Organized events that attract a large number of people, if not regulated by the Town can adversely affect the well-being of Town residents. Due to the increase in the number of events, additional regulations are required for special events that utilize Town amenities, resources and property. Experience has shown the need for procedures whereby the Town can be informed of such special events and can regulate them or prohibit those special events and can regulate safety, health and/or the public welfare. II. Chapter 205 of the Code of the Town of Southold is hereby amended as follows: § 205-1. Certain entertainment restricted; permit required . A. To preserve public peace and good order and to prevent tumultuous assemblages, the following special events shall be prohibited in the Town of Southold, unless a permit is obtained in accordance with the requirements set forth below: all public outdoor shows and entertainment, including but not limited to bazaars, fairs, carnivals and circuses, are prohibited in the Town of Southold (1) All events or activities occurring on public property, having more than 50 persons in attendance, open to the public, conducted outdoors, with or without an admission or invitation fee, a sponsorship, or requested donation and held on a one-time or occasional basis, including but not limited to carnivals, circuses, fairs, bazaars, outdoor shows, parades, walks, runs, marathons or bicycle races are prohibited in the Town of Southold, unless a permit is obtained in accordance with the requirements set forth below. Southold Town Meeting Agenda - May 5, 2009 Page 24 (2) Outdoor events at a winery, for profit, at which the expected attendance exceeds the maximum occupancy of the public area of the building. B. Nothing herein or in the foregoing shall apply to bazaars, fairs, carnivals and circuses and other public outdoor shows and entertainments that are approved, in writing, by the Town Clerk and held in the Town under the sole management and for the profit of local fraternal, charitable or religious organizations. B. Application for events on or utilizing public property: (1) All applications for a special events permit shall be made to the Town Board of the Town of Southold at least 60 days prior to the proposed date of the event and filed with the Town Clerk, together with a fee of $100; $250.00 clean-up deposit fee; and a Certificate of Insurance naming the Town of Southold as an additional insured during the time of the event. (2) Where the Town Board determines that there is no specific Town benefit from the event or that the event is conducted for profit, a deposit shall be made in an amount to be determined prior to issuance of the permit based upon the estimated direct costs attributable to additional police and highway costs associated with the event. After the event, the deposit will be used to cover such costs. (3) Upon filing an application for a special event on public property, the applicant shall send written notice to every property owner abutting or adjacent to the public property, as shown on the current Town of Southold assessment roll, and directly opposite (by extension of the lot lines through a street or right-of-way) of the public property that is the subject of the application. For applications for a special events permit for a parade, walk, run, marathon, bicycle race, or similar events, notice shall be given to property owners abutting or adjacent to the location of the commencement of the event and to all property owners abutting or adjacent to the location of the terminus of the event. The Town Board may require additional notice, including but not limited to publication and signage, based upon the circumstances involved in each application, as necessary. Said notice shall include the date, time and location of the proposed special event. (4) Notwithstanding the foregoing, the Town Board shall have the discretion to waive any application requirement set forth in §205-1B(1)-(3) above. C. All applications to the Town Clerk for permits shall be in writing and shall supply the name and address of the organization and its officers making such application Southold Town Meeting Agenda - May 5, 2009 Page 25 and the nature of the affair, that the same is for charitable purposes, the length of time contemplated and the exact location where the same is to be conducted. C. Town Board Review Criteria: In determining whether to issue a special events permit on an application for an event on or utilizing public property, the Town Board of the Town of Southold shall consider the following: (1) The size of the premises in relation to the number of people attending the event; (2) The sufficiency of arrangements made to control traffic, parking, noise, lighting and refuse; (3) The frequency of events proposed or approved for the premises and whether the frequency is so great that the events constitute a persistent usage of the property incompatible with its character or with that of the surrounding area; (4) Conflicts with ordinary public use of the land or facilities involved; (5) Whether the applicant has been convicted for failure to comply with the terms of this chapter within the past three years; and (6) Special events are strongly discouraged at Town beaches and parks from the Friday before the observance of Memorial Day until Labor Day. D. Applications for tents under this Chapter must be submitted to the Building Department. [Amended 1-16-2007 by L.L. No. 3-2007] E. If a winery holds an outdoor event, for profit, at which the expected attendance exceeds the maximum occupancy of the public area of the building, the winery must obtain approval from the Zoning Board of Appeals. An application shall be accompanied by a fifty-dollar fee. In granting such approval, the following factors must be considered: (1) All parking must be off street and traffic control must be provided by the winery. (2) Adequate sanitary facilities must be provided. (3) All food must be catered and prepared off site. Southold Town Meeting Agenda - May 5, 2009 Page 26 (4) Events for 300 or more people require preparation of a traffic control plan. F. All other public activities which are not a permitted use under the Southold Town Code shall require the approval of the Zoning Board of Appeals. G.Penalties for Offenses. An offense against the provisions of this Chapter shall constitute a violation of this Chapter and shall be punishable by a fine of not more than $2,500. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV.EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ? Vote Record - Resolution RES-2009-375 ? 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 2009-376 CATEGORY: Seqra DEPARTMENT: Town Attorney Town Board Accepts and Adopts the TDR SEQRA Findings Statement TOWN BOARD OF THE TOWN OF SOUTHOLD SEQRA RESOLUTION May 5, 2009 NOTICE OF ACCEPTANCE OF THE FINDINGS STATEMENT FOR THE TOWN OF SOUTHOLD TRANSFER OF DEVELOPMENT RIGHTS (TDR) PROGRAM WHEREAS , the Town Board of the Town of Southold (the “Board”) commissioned and received a study entitled the “Transfer of Development Rights (TDR) Planning Report to the Southold Town Meeting Agenda - May 5, 2009 Page 27 Town Board”; and WHEREAS , the Board determined that the Program outlined in the study warranted the preparation of a Draft Generic Environmental Impact Statement (“DGEIS”) and issued a Positive Declaration requiring the preparation of said document; and WHEREAS , the DSGEIS was submitted to the lead agency (the Southold Town Board, the agency having discretionary jurisdiction over the proposed action) and was accepted by that agency as complete for public review and comment on April 22, 2008; and WHEREAS , a public hearing on the DSGEIS was conducted on May 27, 2008; and WHEREAS , a Final SGEIS was prepared to address the written comments on the DSGEIS received by the lead agency from other governmental agencies and the oral comments provided during the May 27, 2008 public hearing; and WHEREAS , the Board accepted the Final SGEIS by resolution dated May 5, 2009; WHEREAS , the Board has received and reviewed the SEQRA Findings Statement for the Transfer of Development Rights (TDR) Program and finds that the next procedural step under SEQRA is the acceptance and adoption of said document. NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Southold hereby accepts and adopts the SEQRA Findings Statement for the Town of Southold TDR Program; and be it further RESOLVED that the Town Board authorizes the Town Clerk of the Town of Southold to file the SEQRA Findings Statement for the Town of Southold TDR Program with the following parties: Southold Town Meeting Agenda - May 5, 2009 Page 28 Town of Southold, Town Clerk Town of Southold, Supervisor’s Office Town of Southold, Planning Board Town of Southold, Town Trustees Town of Southold, Zoning Board of Appeals Suffolk County Dept. of Health Suffolk County Dept. of Public Works Suffolk County Planning Commission Services Suffolk County Water Authority NYS Dept. of State NYS Dept. of Transportation NYS Dept. of Environmental Conservation, Commissioner, Albany NYS Dept. of Environmental Conservation, Regional Office, Stony Brook Parties of Interest Officially on Record with the Town Clerk (if applicable) ? Vote Record - Resolution RES-2009-376 ? 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 Motion To: Adjourn Town Board Meeting COMMENTS - Current Meeting: RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at __________ P.M.