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HomeMy WebLinkAboutAG-09/08/2009 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 September 8, 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 September 8, 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. Island Group Claim Lag Report 8/1/08-7/31/09 2. Dept of Public Works Monthly Report August 2009 3. Town Clerk Monthly Report September 2009 4. Zba Southold Town Meeting Agenda - September 8, 2009 Page 2 August 2009 II. PUBLIC NOTICES 1. NYS DEC Notice of Complete Application National Grid Generation LLC, St Rt 25, west of Chapel Ln, Southold. Renewal of Title V permit for 5 more years; facility consists of one black start Combustion Turbine, fuel oil tanks, and several smaller tanks used for storing distillate, lubrication and/or dielectric oils. 2. Liquor License Renewal Application Bedell North Fork, LLC d/b/a Bedell Cellars, 36225 Main Rd., Cutchogue 3. Town of Riverhead LL # 36 III. COMMUNICATIONS IV. DISCUSSION 1. 9:00 AM - John Cushman Budget Update 2. North Fork Trail Signage Match 3. 10:00 AM - Mike Verity - Electrical Underwriters in the Town of Southold - Review of derelict building 4. 10:30 Am - Heather Lanza Grant proposal for Comp Plan Update and TIGER 5. 11:00 Am - Chief Cochran Police Staffing and Sergeant Vacancies 6. Deer Management Meeting Update 7. Vacancy on LI North Shore Heritage Area 8. Police Costs for August 15Th Barge Bash Event 9. Request for Support for Feasibility Study sewers and wastewater treatment facilities Southold Town Meeting Agenda - September 8, 2009 Page 3 10. Request for Use of Strawberry Fields 11. LWRP Amendment Update 12. Follow Up on Code Committee Issues wireless code, wind energy, convenience stores, HAC affordable apartments 13. SWMD Permit Fees and Parameters for Effective Date 14. Motorcycle Noise Regulation 15. ZBA Appointment 16. 1:00 Pm - Executive Session - Mike Krauthamer, Esq. Contract Negotiations 17. Executive Session Employment History of a Particular Person MINUTES APPROVAL RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Tuesday, August 11, 2009 ? Vote Record - Acceptance of Minutes for August 11, 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, August 25, 2009 ? Vote Record - Acceptance of Minutes for August 25, 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 2009-732 Southold Town Meeting Agenda - September 8, 2009 Page 4 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit 9/8/09 RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby September 8, 2009. ? Vote Record - Resolution RES-2009-732 ? 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 2009-733 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Set Next Meeting 9/22/09 4:30 Pm RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, September 22, 2009 at the Southold Town Hall, Southold, New York at 4:30 P. M.. ? Vote Record - Resolution RES-2009-733 ? 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 2009-734 CATEGORY: Special Events DEPARTMENT: Town Clerk Grant Permission to Boy Scouts Troop 6 to Hold Its Annual Boys Scout Car Show on Saturday, September 5, 2009 Fiscal Impact: Total Police cost for the event = $121.76 Note: This resolution was inadvertantly dropped from the 8/25/09 agenda Southold Town Meeting Agenda - September 8, 2009 Page 5 RESOLVEDBoy that the Town Board of the Town of Southold hereby grants permission to Scouts Troop 6 to hold its Annual Boys Scout Car Show on Saturday, September 5, 2009 Peconic Lane School (rain date September 6) from 9:00 AM to 5:00 PM at the , Peconic Lane, Peconic, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the town of Southold as additional insured and contact Captain Flatley upon receipt of the approval of the resolution to coordinate traffic control. Any fees associated with this approval shall be waived. ? Vote Record - Resolution RES-2009-734 ? 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 2009-735 CATEGORY: Retirement/Resignation DEPARTMENT: Accounting Intent to Retire PO Vincent Tirelli RESOLVEDaccepts the letter of intent that the Town Board of the Town of Southold hereby to retire of Vincent Tirelli from the position of Police Officer in the Southold Town Police Department , effective September 26, 2009. ? Vote Record - Resolution RES-2009-735 ? 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 2009-736 CATEGORY: Employment - Town DEPARTMENT: Accounting Accepts Retirement of PO Michael Fingerle Southold Town Meeting Agenda - September 8, 2009 Page 6 RESOLVEDacknowledges the that the Town Board of the Town of Southold hereby retirement of Michael Fingerle from the position of Police Officer in the Southold Town Police Department , effective August 27, 2009. ? Vote Record - Resolution RES-2009-736 ? 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 2009-738 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Clerk Appoint District Counsel for FIFD WHEREAS, the Town Attorney for the Town of Southold has advised the Fishers Island Ferry District Commissioners that appointment of District Counsel is in the best interest of the operation and management of the District; and WHEREAS, the Fishers Island Ferry District Commissioners have interviewed, found qualified, and selected BRIAN T. EGAN, ESQ., and the firm of EGAN & GOLDEN, LLP, of Patchogue NOW THEREFORE, New York as District Counsel; and be it RESOLVEDapproves theappointment by the Town Board of the Town of Southold hereby by the Fishers Island Ferry District of EGAN & GOLDEN, LLP, Attorneys at Law, of Patchogue, New York, as District Counsel to the Fishers Island Ferry District for an initial annual retainer of $18,000 . Said annual fee shall include all service as counsel, and shall exclude the defense or prosecution of litigation, in which event the hourly rates for the firm shall be $200 per hour. The retainer shall be subject to review and renewal at the annual meeting, and subject to the approval of the Town Attorney. Southold Town Meeting Agenda - September 8, 2009 Page 7 ? Vote Record - Resolution RES-2009-738 ? 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 2009-739 CATEGORY: Employment - FIFD DEPARTMENT: Accounting COLA Raise for PT Deckhands FIFD Eagan & Londregan WHEREAS the Board of Commissioners of the Fishers Island Ferry Districtadopted a resolution at their September 1, 2009 monthly meeting to increase the salaries of Daniel Eagan and Timothy Londregan, part time deckhands by 3.5% (new rate $9.315) effective June 1, 2009, (both were inadvertently left off the list of part timers to receive an increase in June) and WHEREAS the Town Board of the Town of Southold is required to approve appointments and salary adjustments of employees of the Fishers Island Ferry District, now therefore be it RESOLVEDincreases the salaries of that the Town Board of the Town of Southold hereby part time deckhands Daniel Eagan and Timothy Londregan by 3.5% effective June 1, 2009. ? Vote Record - Resolution RES-2009-739 ? 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 2009-740 CATEGORY: Attend Seminar DEPARTMENT: Police Dept Grant Permission to Public Safety Dispatcher Tanya Newman to Attend Mandated Certification Southold Town Meeting Agenda - September 8, 2009 Page 8 RESOLVED grants permission to Public that the Town Board of the Town of Southold hereby Safety Dispatcher I Tanya Newman to attend mandated certification on Advanced Emergency Medical Dispatch in Setauket, New York, commencing Friday, October 16 through Sunday, October 18, 2009. All expenses for registration and meals to be a legal charge to the 2009 Public Safety budget line - A.3020.2.200.700. ? Vote Record - Resolution RES-2009-740 ? 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 2009-741 CATEGORY: Organizational DEPARTMENT: Police Dept FI Emergency Manager RESOLVEDaccepts the resignation of that the Town Board of the Town of Southold hereby Michael Imbriglio from the position of Deputy Emergency Manager for Fishers Island , and be it further RESOLVEDappoints Jeremy Doucette that the Town Board of the Town of Southold hereby to the position of Deputy Emergency Manager for Fishers Island effective September 1, 2009. ? Vote Record - Resolution RES-2009-741 ? 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 2009-742 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Southold Town Meeting Agenda - September 8, 2009 Page 9 Amend 2009-678 - Grant Permission to the Mattituck Chamber of Commerce to Hold Its Annual Love Lane Movie Nights and Close Love Lane on Thursday, August 13 and Friday, August 28, 2009 from 6:00 PM to 11 PM Fiscal Impact: Total Police cost for event = $182.64 per night RESOLVED amends Resolution 2009- that the Town Board of the Town of Southold hereby 678 adopted at the August 11, 2009 regular Town Board meeting to read as follows: RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Mattituck Chamber of Commerce to hold its Annual Love Lane Movie Nights and close Love Saturday, September 5, 2009 Lane on Thursday, August 13 and Friday, August 28, 2009 from 6:00 PM to 11 PM, 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. The Special Event fee of $100 and $250 Clean-up deposit fee shall be waived. ? Vote Record - Resolution RES-2009-742 ? 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 2009-743 CATEGORY: Support/Non-Support Resolution DEPARTMENT: Town Attorney LI Community Foundation Letter in Support RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute a letter in support to the Long Island Community Foundation regarding the grant application by the Southold Town Anti-Bias Task Force, as Sponsor, working in partnership with the Southold Youth Bureau Board and local school districts in an effort to develop and administer a survey in schools whose findings will be Southold Town Meeting Agenda - September 8, 2009 Page 10 utilized to tailor actions in working with the community to foster an atmosphere of inclusivity and specifically mitigate hate crimes and violence, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2009-743 ? 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 2009-744 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney MS4 Notice of Intent RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Town’s Notice of Intent to comply with the New York State Department of Environmental ConservationPhase II SPDES General Permit for Stormwater Discharges from Municipal Separate Storm Sewer Systems (MS4s) (GP-0-08-002) , subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2009-744 ? 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 2009-745 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Stipulation of Settlement W/CSEA RESOLVEDratifies and approves the that the Town Board of the Town of Southold hereby Stipulation of Settlement between the Town of Southold and the CSEA in connection with the settlement of PERB Case #U-29148. Southold Town Meeting Agenda - September 8, 2009 Page 11 ? Vote Record - Resolution RES-2009-745 ? 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 2009-746 CATEGORY: Budget Modification DEPARTMENT: Police Dept Budget Modification - Police Fiscal Impact: First time employee has cashed in holiday time as per contract RESOLVEDmodifies the 2009 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: From: A.3130.1.100.200 Overtime Earnings $3,007.94 To: A.3130.1.100.500 Holiday Earnings $3,007.94 ? Vote Record - Resolution RES-2009-746 ? 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 2009-747 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District SWMD Budget Mod Fiscal Impact: For unexpected engine repairs on Ford Tractor which is needed to keep up with trucking recyclables, C&D. Southold Town Meeting Agenda - September 8, 2009 Page 12 RESOLVEDmodifies the 2009 that the Town Board of the Town of Southold hereby Solid Waste Management District budget as follows: From: Maint/Supply Komatsu Loader (SR 8160.4.100.550) $ 2,750 To: Maint/Supply Ford Tractor (SR 8160.4.100.580) $ 2,750 ? Vote Record - Resolution RES-2009-747 ? 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 2009-748 CATEGORY: Misc. Public Hearing DEPARTMENT: Town Clerk Set 7:32 PM, Tuesday, October 6, 2009, for a Public Hearing to Hear Citizens Views on Local Housing and Community Development Block Grant Funds RESOLVED hereby sets 7:32 PM, Tuesday, that the Town Board of the Town of Southold October 6, 2009, Southold Town Hall, 53095 Main Road, Southold, New York 11971, as the time and place for a Public Hearing to hear citizens views on local housing and community development needs to be met with approximately $130,000 in Community Development Block Grant funds the town of Southold expects to receive in April 2010 and authorizes the Town Clerk to publish an “Announcement of Public Hearing Notice”. ? Vote Record - Resolution RES-2009-748 ? 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 - September 8, 2009 Page 13 2009-749 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification-Scenic Byways Project Fiscal Impact: To cover additional expenses incurred for the Scenic Byways Project anticipated to be funded through state and federal grant that has not been awarded. The Town is still seeking this grant, the outcome of which is presently unknown. WHEREAS on February 3, 2009 the Town Board of the Town of Southold had authorized the completion of Phase II (Design) , New York State Scenic Byways Project Agreement for total cash outlay not to exceed $9,000, and WHEREAS the Town has learned that Phase II (Design), New York State Scenic Byways Project Agreement, had a total cost of $30,000, of which $5,000 was to be funded by the Town and $25,000 was to have been funded by a State and Federal grant, and WHEREAS the Town has learned that the State and Federal grant for completion of Phase II (Design), New York State Scenic Byways Project Agreement has not materialized and WHEREAS the contractor hired for completion of Phase II (Design), New York State Scenic Byways Project Agreement has completed work totaling about $20,000, now therefore be it RESOLVEDauthorizes the work that the Town Board of the Town of Southold hereby completed to date on Phase II (Design), New York State Scenic Byways Project Agreement total cash outlay not to exceed $20,000 and be it further 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 $ 11,000 Southold Town Meeting Agenda - September 8, 2009 Page 14 To: A.1010.4.600.720 Town Board, C.E. Interpretative Signage Project $ 11,000 ? Vote Record - Resolution RES-2009-749 ? 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 2009-750 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Reappoint Phyllis Atkinson to the Southold Town Board of Assessment Review RESOLVEDreappoints Phyllis that the Town Board of the Town of Southold hereby Atkinson to the Southold Town Board of Assessment Review effective October 1, 2009 through September 30, 2014. ? Vote Record - Resolution RES-2009-750 ? 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 2009-751 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Engineering Approve Change Order #2 to the Animal Shelter Construction Contract with Construction Consultants RESOLVEDapproves Change Order #2 that the Town Board of the Town of Southold hereby to the Animal Shelter Construction contract with Construction Consultants , contract dated June 15, 2007; change order dated today, September 8, 2009, in the amount of $15,435.86. Southold Town Meeting Agenda - September 8, 2009 Page 15 ? Vote Record - Resolution RES-2009-751 ? 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 2009-752 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Engineering Approve Change Order #1 to the Animal Shelter Construction Contract with Burt’s Reliable RESOLVEDapproves Change Order #1 that the Town Board of the Town of Southold hereby to the Animal Shelter Construction contract with Burt’s Reliable , contract dated July 24, 2007; change order dated today, September 8, 2009, in the amount of $1200.00. ? Vote Record - Resolution RES-2009-752 ? 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 2009-753 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute a Service Agreement Between the Town of Southold and Cablevision Lightpath, Inc RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute a Service Agreement between the Town of Southold and Cablevision Lightpath, Inc. regarding the conversion of the Town’s data, voice and internet connectivity, for a three year term, subject to the approval of the Town Attorney. Southold Town Meeting Agenda - September 8, 2009 Page 16 ? Vote Record - Resolution RES-2009-753 ? 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 2009-754 CATEGORY: Grants DEPARTMENT: Planning Board Support the Transportation Investment Generating Economic Recovery (TIGER) Grant Proposal RESOLVEDhereby supports the that the Town Board of the Town of Southold Transportation Investment Generating Economic Recovery (TIGER) grant proposal to be submitted in partnership with the Town of Riverhead, and hereby authorizes submission of a TIGER grant proposal supporting long-term transportation improvements to the East End Region through reduction of vehicular conflict and congestion along rural routes with traffic calming, and enhanced pedestrian and bicycle facilities at key locations throughout the town. ? Vote Record - Resolution RES-2009-754 ? 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 2009-755 CATEGORY: Grants DEPARTMENT: Planning Board Sign Agreement - TIGER RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to sign an agreement, in the amount not to exceed $4,000 to be paid from the Planning Department Consultant Budget Line (B 8020.4.500.500), and in Southold Town Meeting Agenda - September 8, 2009 Page 17 studio a/b architects accordance with approval of the Town Attorney, with to prepare the TIGER grant application. ? Vote Record - Resolution RES-2009-755 ? 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 2009-756 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute an Amendment to the Agreement with the New York State Department of State Grant Agreement #C006471 for Stormwater Management in the Town of Southold Creeks RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an Amendment to the Agreement with the New York State Department of State Grant Agreement #C006471 for Stormwater Management in the Town of Southold creeks , which Amendment pertains to the budget detail, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2009-756 ? 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 2009-757 CATEGORY: Employment - Town DEPARTMENT: Accounting Authorize and Direct the Town Clerk to Advertise for School Crossing Guards for the Police Department Southold Town Meeting Agenda - September 8, 2009 Page 18 RESOLVED authorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise for a School Crossing Guard for the PoliceDepartment at Route 25 and Maple Lane, Mattituck , at a rate of $72.63 per day. ? Vote Record - Resolution RES-2009-757 ? 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 2009-758 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Appoint George Horning to the Southold Town Zoning Board of Appeals RESOLVEDappoints George Horning that the Town Board of the Town of Southold hereby to the Southold Town Zoning Board of Appeals effective immediately through December 31, 2011, to fill the unexpired term of Ruth Oliva. ? Vote Record - Resolution RES-2009-758 ? 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 2009-759 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Set SWMD Permit Fees RESOLVEDsets fees for the Solid that the Town Board of the Town of Southold hereby Waste Management District effective with the issuance of the 2010-11 permits as follows: Permit Fees $60.00 first permit (with charging privileges) $15.00 each additional Permit Fees $30.00 first permit (two years) Southold Town Meeting Agenda - September 8, 2009 Page 19 (without charging privileges) $15.00 each additional Resident Single Entry Fee $5.00 Guest/Lessee Permits $25.00 Non-resident Permits $50.00 annually Tip Fees on Trash and Rubbish $130/ton (non-Town-bag) 2010-11 permits will be made available on November 16, 2009. ? Vote Record - Resolution RES-2009-759 ? 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 2009-760 CATEGORY: Strawberry Fields DEPARTMENT: Town Attorney Use of Strawberry Fields RESOLVEDgrants permission to that the Town Board of the Town of Southold hereby Bishop McGann-Mercy High School to use Strawberry Fields in Mattituck for Varsity and JV soccer practice from 3:00 p.m. to 6:00 p.m. on Mondays through Fridays and from 8:00 a.m. to Noon on Saturdays, commencing on September 8, 2009 through October 31, 2009 , subject to the payment of a fee to the Town in the sum of $150 per week during this time period and subject to the Applicant filing with the Town Clerk’s Office a One Million Dollar Certificate of Insurance naming the Town of Southold and the County of Suffolk as additional insured, subject to the approval of the Town Attorney. Southold Town Meeting Agenda - September 8, 2009 Page 20 ? Vote Record - Resolution RES-2009-760 ? 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 2009-761 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL # 11 - No Parking Champlin Place 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 11 day of August, 2009, a Local Law entitled relation to No Parking Area on Champlin Place and Main Street, Greenport” and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Boar of the Town of Southold hereby ENACTS the proposed Local “A Local Law in relation to No Parking Area on Champlin Place and Main Law entitled, Street, Greenport” reads as follows: LOCAL LAW NO. 11 of 2009 “A Local Law in relation to No Parking Area on Champlin Place and A Local Law entitled, Main Street, Greenport” . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - In order to provide for the health, safety and welfare of the citizens of the Town of Southold, the Town Board finds it necessary to enact these limited parking restrictions on Champlin Place in Greenport. II. Chapter 260 of the Vehicle and Traffic Code of the Town of Southold is hereby amended as follows: Southold Town Meeting Agenda - September 8, 2009 Page 21 § 260-8. Parking prohibited at all times . The parking of vehicles is hereby prohibited at all times in any of the following locations and at any other location where signage indicates “no parking”: Name of Street Side Location Champlin Place Both In Greenport, on both sides of Champlin Place from the intersection with Main Street, easterly for approximately 160 feet. 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-2009-761 ? 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 2009-762 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL in Relation to Chapter 148 Flood WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk “A Local Law in County, New York, on the 25th day of August, 2009, a Local Law entitled relation to Amendments to Chapter 148 of the Town Code entitled ‘Flood Damage Prevention’” and Southold Town Meeting Agenda - September 8, 2009 Page 22 WHEREAS that the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it. RESOLVEDENACTS that the Town Board of the Town of Southold hereby the proposed “A Local Law in relation to Amendments to Chapter 148 of the Town Local Law entitled, Code entitled ‘Flood Damage Prevention’” : LOCAL LAW NO. 12 of 2009 “A Local Law in relation to Amendments to Chapter 148 of the Town A Local Law entitled, Code entitled ‘Flood Damage Prevention’” . As part of the Town’s participation in the National Flood Insurance Program, the Town is required to implement flood damage prevention measures and corresponding amendments updating the program. These measures are set forth in Chapter 148 of the Town Code. The most recent amendments to the program that must be incorporated into the Town Code are . the subject of the proposed legislation that is being noticed for a public hearing The amendments to Chapter 148 “Flood Damage Prevention” of the Town Code include: 1. Clarification of the references to special flood hazard area as set forth in the definition of “area of special flood hazard” in §148-4. 2. Including a reference to the North American Vertical Datum of 1988 (NAVD 88) in the definition of “mean sea level” in §148-4. 3. Revision to the definition of “start of construction” set forth in §148-4. 4. Replacing all references to the “Flood Insurance Study, Suffolk County, New York (all jurisdictions)”, dated May 4, 1998 to September 25, 2009 throughout the Code. 5. Renaming the designations of Flood Insurance Rate Map panel numbers and adding panel numbers in §148-6(A)(2). 6. Requiring the certificate of elevation to be prepared by or under the direct supervision of a licensed land surveyor or professional engineer as set forth in §148-14(D)(2). 7. Expressly prohibiting basements in new and/or substantially improved residential structures as an enclosed area below the lowest floor of a structure in Zones A1- A30, AE or AH and in Zone A as set forth in §148-16(B)(3)(c). 8. Clarifying the standards for replacement and new machinery and equipment servicing a building set forth in §148-16(C)(1). 9. Clarifying residential structures as “new and substantially improved” residential structures as set forth in §148-17(A) and §148-18. Southold Town Meeting Agenda - September 8, 2009 Page 23 10. Increasing the elevation of new and/or substantially improved residential structures in Zones A1-A30, AE and AH and in Zone A to two feet above the base floor elevation (§148-17(A)(1)). 11. Increasing the elevation of new and/or substantially improved residential structures in Zone AO to having the lowest floor elevated above the highest adjacent grade at least as high as two feet above the depth number specified in feet on the Flood Insurance Rate Map (§148-17(A)(3)). 12. Increasing the elevation of new and/or substantially improved residential structures in coastal high-hazard areas requiring the lowest elevated floor to be elevated two feet above the level of the base flood elevation (§148-18(A)). 13. Increasing the elevation of non-residential structures in Zones A-1-A-30, AE and AH and in Zone A to have the lowest floor, including basements or cellars, elevated two feet above the base floor elevation and require that the structure is watertight below two feet above the base flood elevation (§148-19(A)(1) & (2)). 14. Increasing the elevation required for non-residential structures in Zone AO to require the lowest floor elevated above the highest adjacent grade at least as high as two feet above the depth number specified in feet on the Flood Insurance Rate Map (§148-19(B)(1)). 15. Requiring non-residential structures in coastal high-hazard areas to have the bottom of the lowest number of the lowest floor elevated and eliminating flood proofing as an alternative to compliance (§148-20). 16. Requiring manufactured homes in Zones A1-A30, AE, and AH be elevated on permanent foundation so that the lowest floor is elevated to or above two feet above the base flood elevation (§148-21(B)). The complete, proposed text amendments to Chapter 148 are available at the Town Clerk’s southoldtown.northfork.net Office and on the Town’s Web site at ? Vote Record - Resolution RES-2009-762 ? 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. 7:32 p.m. - LL/No Parking Area Champlin Pl 2. 7:34 pm - LL in Relation to Ch 148 Flood