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HomeMy WebLinkAboutAG-07/14/2009 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 July 14, 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 July 14, 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 ??? Town Attorney Martin D. Finnegan I. REPORTS 1. DPW Monthly Report June 2009 2. HRC Monthly Report June 2009 3. Judge Bruer Monthly Report June 2009 4. Trustees Monthly Report June 2009 Southold Town Meeting Agenda - July 14, 2009 Page 2 5. Town Clerk Monthly Report June 2009 II. PUBLIC NOTICES 1. Northeast Nurseries Donation of Trees 2. NYS Liquor License Renewals Cherry Way Restaurant Inc d/b/a Pepi's, 400 Old Main Rd., Southold Joseph Paul Winery, Inc., 18910 Middle Rd., Cutchogue Villa Michelangelo Italian Restaurant & Pizzeria Inc. d/b/a Original Michelangelo, 10095 Rt 25, Store 3, Mattituck 3. Summer Showcase Concert Series Schedule III. COMMUNICATIONS None IV. DISCUSSION 1. 9:00 A.M. - Trustees & Mark Terry LWRP Reviews/Compliance Inspections 2. 9:30 A.M. - Sanford Hanauer & ARC Commercial Construction Applications 3. 9:50 Am - Peter Harris GFD request to use Strawberry Fields 4. 10:00 A.M. - Dredge Committee/Policy LWRP Dredge Windows 5. 10:30 A.M. - John Cushman & Noah Nadelson, MUNISTAT, Inc. multi-year budgeting 6. 11:00 A.M. - John Cushman Budget, especially retirement costs 7. 11:30 A.M. - Phillip Beltz - Homeless Application Southold Town Meeting Agenda - July 14, 2009 Page 3 - Youth Bureau update - Public Discussion Forums 8. 12:00 P.M. - Melissa Spiro, Tamara Sadoo & Heather Lanza Open Development Area 9. Re-Zoning Request 10. Establishment of Recreational Marine Fishing Licenses 11. L U N C H 12. Code Committee Set Date re: Walz decision 13. Unpaid Bill to Vendor for Gravel 14. Set Date for Local Laws Permits & Licenses for Solid Waste Disposal 15. Special Events 16. 1:30 P.M. - EXECUTIVE SESSION - Melissa Spiro Possible property acquisition & Discussion of value 17. Executive Session Labor Contract Negotiations 18. Executive Session 3 Litigation matters 19. Tax Cashier Position 20. Appointment of CAC Chairperson 21. Town Clerk to Attend Cornell Clerks’ Institute V. RESOLUTIONS 2009-584 CATEGORY: Audit DEPARTMENT: Town Clerk Southold Town Meeting Agenda - July 14, 2009 Page 4 Approve Audit 7/14/09 RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby July 14, 2009. ? Vote Record - Resolution RES-2009-584 ? 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 2009-585 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Set Next Meeting 7/28/09 4:30 Pm RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, July 28, 2009 at the Southold Town Hall, Southold, New York at 4:30 P. M.. ? Vote Record - Resolution RES-2009-585 ? 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 2009-573 Tabled 6/30/2009 4:30 PM CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Dredging Halls Creek (Mud Creek) WHEREAS the Town of Southold has requested the County of Suffolk to dredge a navigation channel in Halls Creek (Mud Creek), Town of Southold; and Southold Town Meeting Agenda - July 14, 2009 Page 5 WHEREAS the County of Suffolk proposes to do said dredging of Halls Creek (Mud Creek) in the Town of Southold at a nominal cost to the Town of Southold, and WHEREAS in order to accomplish said dredging, plans, specifications, agreements and other documents must be executed on behalf of the Town of Southold; and WHEREAS this approval shall remain in effect for the period of the required permits and any renewals thereof; now therefore be it RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute all necessary plans and specifications, surplus material area agreements, assurances to the County of Suffolk , license and/or dredging permit applications to Federal and State Agencies and any and all other documents that may be required to accomplish said dredging work, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2009-573 ? 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 2009-560 Tabled 6/30/2009 4:30 PM CATEGORY: Attend Seminar DEPARTMENT: Building Department Training RESOLVED grants permission to that the Town Board of the Town of Southold hereby Zoning Inspector Damon Rallis to attend mandatory training on Existing Buildings. The training will be in Babylon, on July 21, 2009. All expenses for registration and travel to be a legal charge to the 2009 Building Department budget (meetings and seminars). Southold Town Meeting Agenda - July 14, 2009 Page 6 ? Vote Record - Resolution RES-2009-560 ? 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 2009-586 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Community Development 2009 Southold Town Shellfish Program Fiscal Impact: 2009 Southold Town Shellfish Program at Cornell Cooperative Extension, Cedar Beach Hatchery, A.8830.4.400.100 RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an Agreement with Cornell Cooperative Extension in connection with the 2009 Southold Town Shellfish Program, in the amount of $18,000 for the term January 1, 2009 through December 31, 2009, all in accordance with the approval of the Town Attorney. ? Vote Record - Resolution RES-2009-586 ? 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 2009-587 CATEGORY: Landfill Misc. DEPARTMENT: Town Clerk Letter of Intent for Feasibility Study of Solar at Landfill RESOLVED authorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute a letter of interest permitting New Age Energy, Inc. to conduct a feasibility study for a solar farm at the Southold Town Landfill , subject to the approval of the Town Attorney. Southold Town Meeting Agenda - July 14, 2009 Page 7 ? Vote Record - Resolution RES-2009-587 ? 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 2009-588 CATEGORY: Surplus Equip - Non Usable DEPARTMENT: Town Clerk Used Computer Equipment - Destroy WHEREAS the Town Board of the Town of Southold authorized the Town Clerk to advertise for the sale of Used Equipment, and WHEREAS , on bids were received, now therefor be it RESOLVEDdeclares the Used that the Town Board of the Town of Southold hereby Equipment as unusable and authorizes the destruction of same. ? Vote Record - Resolution RES-2009-588 ? 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 2009-589 CATEGORY: Retirement/Resignation DEPARTMENT: Accounting Intent to Retire - William Zebroski RESOLVEDaccepts the letter of intent that the Town Board of the Town of Southold hereby to retire of William Zebroski from the position of Custodial Worker I in the Department of Public Works , effective July 31, 2009. Southold Town Meeting Agenda - July 14, 2009 Page 8 ? Vote Record - Resolution RES-2009-589 ? 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 2009-590 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification - Deputy Emergency Prep Coord RESOLVEDmodifies the 2009 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: From: A.3640.1.200.100 Emergency Preparedness, P.S. Part-time Employees Regular Earnings $ 3,000 To: A.3640.4.400.200 Emergency Preparedness, C.E. Contracted Services Deputy Coordinator $ 3,000 ? Vote Record - Resolution RES-2009-590 ? 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 2009-591 CATEGORY: Bid Acceptance DEPARTMENT: Town Clerk Reject Bid on Compost Bldg. Foundation Southold Town Meeting Agenda - July 14, 2009 Page 9 RESOLVED rescinds resolution 2009- that the Town Board of the Town of Southold hereby 534 which reads as follows, in its entirety: RESOLVED that the Town Board of the Town of Southold hereby rejects the bid of Debut Concrete and General Contractor to construct a concrete foundation at the compost facility in Cutchogue at a cost of $29,531., all in accordance with the plans and specifications provided by the Town Engineer and with the approval of the Town Attorney. ? Vote Record - Resolution RES-2009-591 ? 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 2009-592 CATEGORY: Bid Acceptance DEPARTMENT: Town Clerk Reject All Bids Received for SWMD Found RESOLVEDrejects any and all bids that the Town Board of the Town of Southold hereby received for the construction of a concrete foundation at the compost facility in Cutchogue. ? Vote Record - Resolution RES-2009-592 ? 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 2009-593 CATEGORY: Refund DEPARTMENT: Town Clerk Grant a Partial Refund of $300.00 to Steve and Olga Tenedios for Zoning Board of Appeals Permit No. 6315 Southold Town Meeting Agenda - July 14, 2009 Page 10 RESOLVEDgrants a partial refund of that the Town Board of the Town of Southold hereby $300.00 to Steve and Olga Tenedios for Zoning Board of Appeals Permit No. 6315 at the recommendation of the Zoning Board because the application was withdrawn, the application is now void and no other processing to reactivate the file may follow. ? Vote Record - Resolution RES-2009-593 ? 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 2009-594 CATEGORY: Budget Modification DEPARTMENT: Assessors Budget Mod Assessors Fiscal Impact: This budget modification is to cover the expenses for our certiorari attorney. RESOLVEDmodifies the Whole Town, that the Town Board of the Town of Southold hereby General Fund 2009 budget as follows: To: A1355.4.500.100 Board of Assessors Fee for Service Legal Counsel $2000.00 From: A1355.4.500.200 Board of Assessors Fee for Service Appraisals $2000.00 ? Vote Record - Resolution RES-2009-594 ? 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 2009-595 CATEGORY: Budget Modification Southold Town Meeting Agenda - July 14, 2009 Page 11 DEPARTMENT: Fishers Island Ferry District FIFD Budget Mod Fiscal Impact: FROM: As of June 30, 2009, only expended 16% of budget line. TO: Additional unanticipated costs for reprogramming of ticketing and reservation systems including the kiosks and also the printing of new schedules for the new rates and summer schedule for the 2009 PEAK season. Unanticipated unemployment insurance claim which was extended into 2009. RESOLVED modifies the 2009 Fishers that the Town Board of the Town of Southold hereby Island Ferry District budget as follows: FROM : SM 5710.4.000.300 Fuel Oil Vessels $20,000. TO : SM 5710.4.000.000 Ferry Operations, Other $12,000 SM 9050.8.000.000 Unemployment Insurance $8,000 ? Vote Record - Resolution RES-2009-595 ? 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 2009-596 CATEGORY: Retirement/Resignation DEPARTMENT: Accounting Intent to Retire Barbara Rudder RESOLVEDaccepts the intent to retire that the Town Board of the Town of Southold hereby of Barbara Rudder from the position of Administrative Assistant in the Accounting Department , effective August 10, 2009. Southold Town Meeting Agenda - July 14, 2009 Page 12 ? Vote Record - Resolution RES-2009-596 ? 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 2009-597 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Land Preservation USDA-NRCS 2009 FRPP Awarded Grant $771,500 RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute Cooperative Agreement No. 73-2C31-9-042 between the United States of America Commodity Credit Corporation and the Town of Southold for the implementation of the United States Department of Agriculture - Natural Resources Conservation Service (USDA-NRCS) 2009 Federal Farm and Ranch Lands Protection Program (FRPP) awarded grant in the amount of $771,150.00, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2009-597 ? 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 2009-598 CATEGORY: Budget Modification DEPARTMENT: Land Preservation Budget Mod Laurel Lake Preserve Parking Area Grant Fiscal Impact: The Town received a grant award of $97,500 from NYS Parks, Recreation and Historic Preservation for the Laurel Lake Preserve Area. The Laurel Lake Preserve Area is made up of properties owned by New York State, Suffolk County, the Suffolk County Water Authority and the Town of Southold. The Town is making improvements for preservation purposes within the Laurel Lake Preserve Area. Improvements included within the grant award will be funded by the awarded grant. The current Town budget includes Southold Town Meeting Agenda - July 14, 2009 Page 13 the $97,500 grant award as a line item within the Community Preservation Fund Expenditure budget Worksheet. The $97,500 is a grant award, not CPF generated revenue. Parking area improvements in the amount of $1,085 are proposed for a Town owned property within the Laurel Lake Preservation Area which was not purchased with Community Preservation Funds. The grant award is not CPF generated revenue; therefore, $1,085 of the grant award is being transferred to the General Fund Whole Town budget to ensure that CPF funds are not appropriated to the improvements on Town land which was not purchased with CPF funds. Community Preservation Fund Decrease Revenues H3.3097.20 Capital Grant, NYS Parks -- Laurel Lake Grant $1085 Decrease Appropriations H3.8710.2.400.300 Land Preservation, Capital Outlay, Laurel Lake Improvements $1085 General Fund Whole Town Increase Revenues A.3089.35 Miscellaneous State Aid, NYS Parks -- Laurel Lake Grant $1085 Increase Appropriations A.1620.2.500.670 Buildings and Grounds, Other Capital Outlay, Laurel Lake Improvements $1085 ? Vote Record - Resolution RES-2009-598 ? 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 2009-599 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification - Revenue for Youth Fiscal Impact: The Town has been holding the sum of $1,470.30 in "substance abuse committee" donations since the Jean Cochran administration in the Trust and Agency Fund. The Town Board should consider transferring these donations to the General Fund and appropriating same for the Youth Bureau to promote substance abuse prevention for local youth. RESOLVEDauthorizes the transfer of that the Town Board of the Town of Southold hereby the $1,470.30 earmarked “substance abuse committee” in the Trust and Agency Fund from the Trust and Agency Fund to the General Fund Whole Town’s Gifts and Donations Southold Town Meeting Agenda - July 14, 2009 Page 14 revenue account, A.2705.40 - Other Donations, and be it further RESOLVEDmodifies 2009 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: Increase: Revenues: A.2705.40 Gifts and Donations, Other Donations $1,470.30 Appropriations: Increase: A.7310.4.600.100 Youth Program, C.E., Youth Program Activities $1,470.30 ? Vote Record - Resolution RES-2009-599 ? 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 2009-600 CATEGORY: Budget Modification DEPARTMENT: Town Attorney TB Budget Modification Fiscal Impact: for the purpose of consulting services provided in connection with the Bombara Coastal Erosion Management Permit Appeal RESOLVEDmodifies the 2009 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows : From: A.1990.4.100.100 Contingencies $1,500.00 To: A.1010.4.500.300 Town Board, Environmental $1,500.00 Southold Town Meeting Agenda - July 14, 2009 Page 15 Consultants ? Vote Record - Resolution RES-2009-600 ? 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 2009-601 CATEGORY: Employment - Town DEPARTMENT: Accounting Resignation of Clerk Typist Marianne Sawicki RESOLVEDaccepts the resignation of that the Town Board of the Town of Southold hereby Marianne Sawicki from the position of part-time Account Clerk in the Town Clerks Department , effective July 24, 2009. ? Vote Record - Resolution RES-2009-601 ? 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 2009-602 CATEGORY: Attend Seminar DEPARTMENT: Town Clerk Grant Permission to Town Clerk and Records Management Assistant to Attend a New York State Archives Seminar on Preservation of Historical Records in Hauppauge, NY, on July 15, 2009 RESOLVED grants permission to Town that the Town Board of the Town of Southold hereby Clerk Elizabeth Neville and to attend a New Records Management Assistant Stacey Norklun York State Archives Seminar on Preservation of Historical Records in Hauppauge, New York, on July 15, 2009. Expenses for travel to be a legal charge to the 2009 Town Clerk budget A.1410.4.600.300 (meetings and seminars). Southold Town Meeting Agenda - July 14, 2009 Page 16 ? Vote Record - Resolution RES-2009-602 ? 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 2009-603 CATEGORY: Support Resolution DEPARTMENT: Town Clerk Homelessness Prevention Act Agreement WHEREAS , Peconic Community Council, Inc., a non-profit organization, is submitting an application to the County of Suffolk Department of Social Services in response to a Request for Applications for Homelessness Prevention and Rapid Re-Housing Services funding under the American Recovery and Reinvestment Act of 2009. WHEREAS , the Peconic Community Council has extensive experience with the operation of homeless programs on the East End of Long Island and the County of Suffolk intends to award only one grant in the amount $478,330 for all of the Eastern Long Island. The Town Board has determined that it is in the interest of its residents to partner with East End municipalities in support of Peconic Community Council to apply for these funds to address and prevent homelessness within the region. RESOLVED , that the Town Board adopts this resolution in support of the application by the Peconic Community Council in partnership with other East End municipalities. Nothing herein shall authorize any expenditure by the Town in conjunction with this application except that the Town Board authorizes the use of staff time of the Office of Housing and Community Development and the Department of Human Services at the direction of the respective department heads for the purpose of providing for the delivery of services to the residents of the Town under this grant and to any other staff necessary to effectuate the agreement RESOLVEDauthorizes and directs Supervisor Scott Russell to , that the Town Board hereby sign the Partnership Memorandum of Understanding (inter-municipal agreement) which will formally ratify the individual Towns, Villages and Authority’s involvement if the grant is awarded to the Peconic Community Council for this project pursuant to the provisions stated in the Partnership Memorandum of Understanding in a form agreed to by the Town Attorney. Southold Town Meeting Agenda - July 14, 2009 Page 17 ? Vote Record - Resolution RES-2009-603 ? 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 2009-604 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Appoint James C. Eckert as Chairman of the Southold Town Conservation Advisory Council RESOLVEDappoints James C. Eckert that the Town Board of the Town of Southold hereby as Chairman of the Southold Town Conservation Advisory Council , effective immediately. ? Vote Record - Resolution RES-2009-604 ? 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 2009-605 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification/Engagement-Multi-Year Budget Fiscal Impact: Provide an appropriation for and to engage Munistat for multi-year financial planning services as discussed with the Town Board at their July 14 worksession. RESOLVEDmodifies the 2009 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: From: A.1990.4.100.100 Contingent, C.E. Unallocated Contingencies $ 6,000 To: A.1310.4.500.600 Accounting & Finance, C.E. Southold Town Meeting Agenda - July 14, 2009 Page 18 Multi-Year Financial Planning $ 6,000 and be it further RESOLVEDengages Munistat Services, that the Town Board of the Town of Southold hereby Inc. to provide multi-year financial planning services for the Town of Southold in accordance with their proposal dated June 23, 2009 at a fee not to exceed $6,000 which shall be a legal charge to the Accounting and Finance Department’s 2009 Multi-Year Financial Planning budget, A.1310.4.500.600. ? Vote Record - Resolution RES-2009-605 ? 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 2009-606 CATEGORY: Legislation DEPARTMENT: Town Attorney Set Public Hearing on “A Local Law in Relation to the Amendment of Requirements for Issuance and Duration of Permits and Licenses for Solid Waste Disposal” WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk th “A Local Law in County, New York, on the 14 day of July, 2009, a Local Law entitled relation to the Amendment of Requirements for Issuance and Duration of Permits and Licenses for Solid Waste Disposal” 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 11th day of August, 2009 at 7:32 p.m. at which time all interested persons will be given an opportunity to be heard. Southold Town Meeting Agenda - July 14, 2009 Page 19 “A Local Law in relation to the Amendment of The proposed Local Law entitled, Requirements for Issuance and Duration of Permits and Licenses for Solid Waste Disposal” reads as follows: LOCAL LAW NO. 2009 “A Local Law in relation to the Amendment of Requirements for A Local Law entitled, Issuance and Duration of Permits and Licenses for Solid Waste Disposal” . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose – To increase the duration of permits for solid waste disposal from one year to two. II. Chapter 233 of the Code of the Town of Southold is hereby amended as follows: § 233-4. Fees; issuance and duration of permits and licenses. C. Issuance and duration of permits and/or licenses. All permits and/or licenses provided for in this article shall be issued by the Town Clerk. Residential permits shall be valid for one calendar year January 1 through December 31 from the date of purchase until December 31 of the following calendar year. Commercial permits shall be valid for one two years from the date of the issue date. 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. Southold Town Meeting Agenda - July 14, 2009 Page 20 ? Vote Record - Resolution RES-2009-606 ? 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 2009-607 CATEGORY: Strawberry Fields DEPARTMENT: Town Clerk Grant Permission to the Greenport Fire Department to Use Strawberry Fields in Mattituck for a Carnival on August 5 through 9, 2009 (Wednesday through Sunday) RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Greenport Fire Department to use Strawberry Fields in Mattituck for a Carnival on August 5 through 9, 2009 (Wednesday through Sunday). Set-up on August 4, 2009 and breakdown on August 10, 2009, subject to the conditions of the Town Board and the approval of the Town Attorney. Applicant must file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold and the County of Suffolk as additional insured. ? Vote Record - Resolution RES-2009-607 ? 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 2009-608 CATEGORY: Support Resolution DEPARTMENT: Town Attorney Oppose Recreational Marine Fishing Licenses WHEREAS , the New York State Assembly is considering establishing a Recreational Marine Fishing License in A.159-B as part of a fund raising mechanism to charge additional fees, and WHEREAS , the imposition of such a license on waters within the jurisdiction of the Town of Southold unlawfully intrudes on the Town's patent power to regulate its waterways established under the Nichols Patent and attempts to limit the rights of the residents of this Town to establish their own permits and fees for fishing, and Southold Town Meeting Agenda - July 14, 2009 Page 21 WHEREAS , the law seeks to raise money for the State of New York by dumping another permit responsibility on the Town Clerk without any compensation, and constitutes another of the unfunded state mandates that is undermining the ability of a town to control its finances, now, Therefore be it RESOLVEDformally opposes the , that the Town Board of the Town of Southold hereby adoption of A.159-B as it relates to Recreational Marine Fishing Licenses and hereby directs the Town Clerk to send copies of this resolution to the legislators in this district and to the adjoining towns of Shelter Island and Riverhead. ? Vote Record - Resolution RES-2009-608 ? 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 2009-611 CATEGORY: Attend Seminar DEPARTMENT: Town Clerk Nassau/Suffolk Town Clerk Business Meeting RESOLVED grants permission to Town that the Town Board of the Town of Southold hereby Clerk Elizabeth Neville and Account Clerk Marianne Sawicki to attend a Nassau/Suffolk Town Clerk Business seminar on Hosted Document Management Solutions by General Code Publishers Corporation in Orient, New York, on June 25, 2009. Expenses for two (2) meals to be a legal charge to the Town Clerk 2009 budget A.1410.4.600.200(meetings and seminars). ? Vote Record - Resolution RES-2009-611 ? 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 2009-609 CATEGORY: Seqra DEPARTMENT: Land Preservation Southold Town Meeting Agenda - July 14, 2009 Page 22 P&E LLC (Peter Harbes) SEQRA WHEREAS, the Town Board of the Town of Southold wishes to purchase a development rights easement on a certain parcel of property owned by P&E LLC pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Code of the Town of Southold. Said property is identified as part of SCTM #1000-120.-3-11.11. The address is 5655 Aldrich Lane. The property is located in the A-C zoning district and is on the westerly side of Aldrich Lane, approximately 1200 feet south from the intersection of Aldrich Lane and Sound Avenue in Laurel, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 18± acres (subject to survey) of the 22.17± acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The purchase price for the easement is $65,000 (sixty-five thousand dollars) per buildable acre plus acquisition costs; now, therefore, be it RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it further RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is accepted and attached hereto; and, be it further RESOLVEDfinds no significant impact that the Town Board of the Town of Southold hereby on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action. ? Vote Record - Resolution RES-2009-609 ? 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 2009-610 CATEGORY: Property Acquisition Purchase DEPARTMENT: Land Preservation P&E LLC (Peter Harbes) Elect to Purchase Southold Town Meeting Agenda - July 14, 2009 Page 23 WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of a development rights easement on a certain parcel of property owned by P&E th LLC on the 14 day of July, 2009, pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as part of SCTM #1000-120.-3-11.11. The address is 5655 Aldrich Lane. The property is located in the A-C zoning district and is on the westerly side of Aldrich Lane, approximately 1200 feet south from the intersection of Aldrich Lane and Sound Avenue in Laurel, New York; and WHEREAS, the development rights easement comprises a part of the property consisting of approximately 18± acres (subject to survey) of the 22.17± acre parcel. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owner; and WHEREAS, t he purchase price for the easement is $65,000 (sixty-five thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds; and WHEREAS, the property is listed on the Town’s Community Preservation Project Plan as property that should be preserved due to its open space agricultural and acquifer recharge values; and WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has recommended that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the development rights easement; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on this agricultural land; now, therefore, be it RESOLVEDelects to purchase a that the Town Board of the Town of Southold hereby development rights easement on agricultural land owned by P&E LLC pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Code of the Town of Southold. Said property is identified as part of SCTM #1000-120.-3-11.11 . The address is 5655 Aldrich Lane. The property is located in the A-C zoning district and is on the westerly side of Aldrich Lane, approximately 1200 feet south from the intersection of Aldrich Lane and Sound Avenue in Laurel, New York. The Southold Town Meeting Agenda - July 14, 2009 Page 24 development rights easement comprises a part of the property consisting of approximately 18± acres (subject to survey) of the 22.17± acre parcel. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owner. The purchase price for the easement is $65,000 (sixty-five thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds. Town funding for this purchase is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code of the Town of Southold. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the Local Waterfront Revitalization Program (LWRP) and the Town Board has determined that this action is consistent with the LWRP. ? Vote Record - Resolution RES-2009-610 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded VI. PUBLIC HEARINGS 1. Motion To: Motion to recess to Public Hearing RESOLVEDbe and hereby is declared that this meeting of the Southold Town Board Recessed in order to hold a public hearing. Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at __________ P.M. * * * * *