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Smithtown Town Board
Regular Meeting
10/2/2012 2:00 PM
Victor T. Liss Meeting Room99 West Main Street P.O. Box 9090 Smithtown, NY 11787
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| CALL TO ORDER |
| | ROLL CALL |
| I. | APPOINTMENTS BY THE SUPERVISOR |
| 1. | 6637 : Supervisor Patrick R. Vecchio hereby appoints Ashley Schuette and Brittany Schuette to the Youth Advisory Board, term of office from October 3, 2012 through December 31, 2014. |
| II. | CORRESPONDENCE |
| 1. | 6593 : Parade/Run/Walk - Mt. Pleasant School Road Race |
| 2. | 6615 : Parade/Run/Walk - Friends of Students for 60,000 Inc. Will be holding a Walk-a-Thon from Port Jefferson to Centerport, NY on Sunday, October 28, 2012 |
| III. | PUBLIC HEARINGS |
| 1. | RES-2012-922 : The Town Board to consider Special Exception Petition #2012-05 as submitted by New York SMSA Limited Partnership d/b/a Verizon Wireless for a Special Exception for a modification to an existing public utility wireless communication facility on property located on the west side of Southern Boulevard, 889 feet south of Middle Country Road, Nesconset, New York, SCTM #0800-108-2-8.1, 9, 10 |
| 2. | RES-2012-923 : The Town Board to consider proposed amendments to Chapter 101 of the Code of the Town of Smithtown entitled Parks, Buildings and Grounds, as it relates to commercial activities in Town parks and beaches. |
| IV. | ADVERTISE FOR PUBLIC HEARING |
| 1. | RES-2012-924 : The Town Board to authorize the Town Clerk to advertise for a Public Hearing to be held at the Victor T. Liss Town Board Room 99 West Main Street, Smithtown, New York on the 6th day of November, 2012 at 2:00 p.m. to consider an amendment to Chapter 273 of the Code of the Town of Smithtown entitled "Tents" as it relates to permits required. |
| V. | RESOLUTIONS |
| 1. | The Town Board to award the following bids and to authorize the purchase of associated goods/services: |
| | A. | RES-2012-925 : Bid # 12-050 - Lubricants to Grade A Petroleum, Circle Lubricants, Black Bear Co., Inc. And Miles Petroleum, as per bids opened June 7, 2012. |
| | B. | RES-2012-926 : Bid # 12-075 for a Handicapped Ramp at Long Beach to Terry Contracting & Materials, Inc. and to further authorize the Supervisor to sign an agreement on a form approved by the Town Attorney, as per bid opening September 20, 2012. Bid award is contingent upon the Release Of Funds by the United States Department of Housing and Urban Development. |
| 2. | The Town Board to authorize the Town Clerk to advertise for the following Request For Proposals to be returned to Town of Smithtown Purchasing Department, 65 Maple Avenue, Smithtown, New York 11787 until 4:00 p.m. on the dates indicated: |
| | A. | RES-2012-927 : RFP# 12-082: Personal Wireless Telecommunications Facility at Callahan's Beach, October 25, 2012. |
| 3. | The Town Board after due study and deliberation of the subject record to issue a SEQRA Negative Declaration determination of non-significance (an EIS is not necessary) in the following matters for reasons stated in a memorandum on the dates indicated: |
| | A. | RES-2012-928 : The Town Board after due study and deliberation of the subject record to issue a SEQRA Negative Declaration, Determination of Non-Significance (an EIS is not necessary), in the matter of the application for site plan approval by Charles G. Lobell for 779 Middle Country Road, LLC (12-08), for the reasons as stated in a memorandum from Howard Barton 3rd, Assistant Environmental Protection Director, dated September 26, 2012. |
| 4. | The Town Board to approve the following: |
| | A. | Minutes Approval |
| | | 1. | Minutes of Sep 4, 2012 2:00 PM |
| | B. | RES-2012-929 : The Town Board to approve Supervisor Patrick R. Vecchio's appointment of Ashley Schuette and Brittany Schuette to the Youth Advisory Board, term of office October 3, 2012 through December 31, 2014. |
| | C. | RES-2012-930 : Town Attorney, or appropriate official, to enter into a stipulation of settlement or agreement and consent to the entry of an Order with regard to various tax certiorari matters (per the attached list) for various tax years, per recommendation of the Sole Assessor and Town Attorney. |
| | D. | RES-2012-931 : Stephanie Hurd, Senior Environmental Analyst and Richard Kitt, Environmental Analyst of the Department of Environment and Waterways, to attend the "Lower Hudson Coalition of Conservation Districts 12th Annual Stormwater Conference and Trade Show" in Fishkill, NY on November 8, 2012, at a cost of $125.00 per person, expenses in accordance with Town policy and to authorize the use of a Town Vehicle. |
| | E. | RES-2012-932 : The acceptance as complete for purposes of SEQRA review the Draft Environmental Impact Statement prepared by the firm of Nelson, Pope & Voorhis, LLC for the Uplands at St. Johnland (Change of Zone # 2007-04) and Amendments to Chapter 322 as it relates to Congregate Care Facilities and Continuing Care Retirement Community, to authorize the advertisement of same with a public comment period to close at 5:00 PM on December 10, 2012, and to authorize the Town Clerk to advertise for a SEQRA public hearing concerning the action (pursuant to 6 NYCRR Part 617.9a(4)) to be held on November 29, 2012 at 7:00 PM at the Smithtown Senior Citizen's Center, Smithtown. |
| | F. | RES-2012-933 : Adoption of amendment to Chapter 112 of the Code of the Town of Smithtown Town Code entitled "Building Construction" as it relates to fees as per Public Hearing held on September 20, 2012 and SEQRA dated September 26, 2012, and pursuant to the recommendation of the Town Attorney. |
| | G. | RES-2012-934 : All solid waste, rubbish, garbage, litter, graffiti and debris accumulated in violation of the property maintenance standards set forth in Chapter 221 of the Smithtown Town Code, upon a certain parcel of real property known as 10 Fairview Avenue, Smithtown, New York 11878 (SCTM # 0800-077.00-02.00-024.000), be removed from said property by the reputed owner of said parcel, Fairview Holding Corporation. |
| | H. | RES-2012-935 : Adoption of amendments to Chapter 322 of the Code of the Town of Smithtown entitled "Building Zone Ordinance" as per public hearing held on July 17, 2012, and pursuant to the recommendation of the Town Attorney. |
| 5. | The Town Board to authorize the acceptance of the following: |
| | A. | RES-2012-936 : Donations from Andrey Tsukanov (ck.#678)-$100.00 and Florence Bowers (ck.#762)-$25.00. (Animal Shelter) |
| 6. | The Town Board to authorize the Comptroller to execute the following: |
| | A. | RES-2012-937 : Transfer from account A.7140.0453 (Maintenance Contracts) in the amount of $4,000.00; and transfer to account A.7141.0494 (Special Programs) in the amount of $4,000.00. (Recreation) |
| | B. | RES-2012-938 : Transfer from SL2.5183.0412 (Road supplies) in the amount of $4,000.00; and transfer to account SL2.5183.0225 (Lighting Improvements) in the amount of $4,000.00. (Traffic Safety) |
| | C. | RES-2012-939 : Transfer from account A.1355.0417 (Software Licensing & Maint) in the amount of $750.00; and transfer to account A.1355.0210 (Office Equipment) in the amount of $750.00. (Assessor) |
| | D. | RES-2012-940 : Transfer from account B.3620.0444 (Professional Services) in the amount of $400.00; and transfer to account B.3620.0473 (Books & Subscriptions) in the amount of $400.00. (Building Department) |
| | E. | RES-2012-941 : Transfer from account A.1421.0120 (Part Time Salaries) in the amount of $250.00; and transfer from account A.3640.0116 (Longevity) in the amount of $450.00; and transfer to account A.1421.0116 (Longevity) in the amount of $700.00. (Public Safety) |
| | F. | RES-2012-942 : Transfer from account A.1650.0270 (Communications Equipment) in the amount of $120.00; and transfer to account A.1650.0429 (Video Security) in the amount of $120.00. (Public Safety) |
| | G. | RES-2012-943 : Transfer from account A.1421.0120 (Part Time Salaries) in the amount of $2,000.00; and transfer to account A.1421.0130 (Overtime Salary) in the amount of $2,000.00. (Public Safety) |
| | H. | RES-2012-944 : Transfer from account A.8162.0498 (Operating Expenses) in the amount of $5,000.00; and transfer to account A.8162.0419 (Fuel) in the amount of $5,000.00. (MSF) |
| | I. | RES-2012-945 : Transfer from account DM.5130.0240.00000143 (Salt Brine System) in the amount of $3,000.00; and transfer to account DM.5130.0446 (Uniform Allowance) in the amount of $3,000.00. (Highway) |
| 7. | The Town Board to authorize the Supervisor to execute the following on a form approved by the Town Attorney: |
| | A. | RES-2012-946 : Term extension to the Agreement for Catering Services at Smithtown Landing with Lessing's Inc. and amendments regarding license fees and capital improvements for the contract period covering January 1, 2013 through December 31, 2017. |
| | B. | RES-2012-947 : Agreements with National Grid and Master Mechanical Corporation, for the purpose of a Natural Gas Conversion at the Harned Sawmill House (61 New Highway, Commack), at a total cost of $8,480.00. |
| 8. | The Town Board to authorize the release of the following: |
| | A. | RES-2012-948 : Release cash in lieu of performance bond in the amount of $32,795.00 (Planning Receipt # 037451) and cash deposit in the amount of $1,366.00 (Planning Receipt #037452) to Douglas Baumgarth, 30 Doris Ave., Northport, NY 11768 regarding 280 application Liberty Ave. (SCTM#: 167-4-8) |
| | B. | RES-2012-949 : Release escrow in the amount o $75,000.00 (Planning Receipt #038990) to Progressive, 1811 4 Mile Road N.E., Grand Rapids, MI 49525 posted to guarantee
on-site Improvements as per Board of Site Plan Review approval. Re: Toys R Us, SW/c Veterans Memorial Hwy. & Sunken Meadwo Parkway, Commack (SCTM#: 116-2-9.2 & 9.3) |
| PERSONNEL |
| 9. | The Town Board to approve the following Personnel matters: |
| | A. | RES-2012-950 : Full time appointment of James P. Biggane to the position of Maintenance Mechanic III in the Department of Parks, Buildings and Grounds, at a rate of pay of $25.30 per hour, subject to a 52 week probationary period, effective October 9, 2012. |
| | B. | RES-2012-951 : Change of status of Jason Mulderig, Dispatcher in the Department of Public Safety, from seasonal to part time (not to exceed 1/2 the normal work week) no change in title or rate of pay, effective October 8, 2012. |
| | C. | RES-2012-952 : Return from medical leave of absence-MaryJo Betyak-Eisler, Drug & Alcohol Community Coordinator I, to the Horizons Dept., effective 11/5/12. |
| | D. | RES-2012-953 : Medical leave of absence for John Babski for a period not to exceed six months, effective October 1, 2012 (Parks). |
| | E. | RES-2012-954 : Termination of Victor Travaglianti, Mini Bus Driver in the Office of Handicapped Services effective close of business, September 13, 2012. |
| | F. | RES-2012-955 : Change of status of Blaze Interligi , Student Intern III, in the Planning and Community Development Department, from seasonal to part time at the same rate of pay, not to exceed 1/2 the normal work week, effective October 8, 2012. |
| | G. | RES-2012-956 : Reinstate Michael Mastrogiacomo to the position of Part-time Mini Bus Driver
in the Senior Citizens Department, at a rate of pay of $14.75 per hour effective September 24, 2012. |
| | H. | RES-2012-957 : Accept volunteer services of Christine O'Connor at the
Smithtown Senior Citizens Department effective October 8, 2012. |
| VI. | The Town Board, sitting as a Board of Site Plan Review, to consider the following: |
| 1. | RES-2012-958 : Bahama Breeze @ Smith Haven Mall (12-14), NE/c Middle Country Rd. & Alexander Ave., Nesconset, Zoning District: SCB (Shopping Center Business), SCTM# 800-114.4-23.7, Proposal: Proposed 7,091 sq. ft. restaurant with a 1,689 sq. ft. outdoor dining area (porch). |
| 2. | RES-2012-959 : Acer's Garden Center (12-15), N/s Jericho Tpke., 811' W/o Beechwood La., Commack, Zoning District: WSI (Wholesale Service Ind.) & R-10 (Residential), SCTM #800-90-2-16 & 17, Proposal: Demolition of existing structures. Legalization of a 2,215 sq. ft. Greenhouse addition attached to an existing 5, 132 sq. ft. "nursery building". |
| 3. | RES-2012-960 : PJ Venture-Bldg 2 (12-16), SE/c Henry St. & Crooked Hill Road, Commack, Zoning District: SCB (Shopping Center Business), SCTM # 800-174-3-84.2, Proposal: Proposed 27,022 sq. ft. second floor retail addition within an existing building. |
| 4. | RES-2012-961 : 28 Pulaski Road (Logalbo) (12-17), S/s Pulaski Road, 300' W/o Main St., Kings Park, Zoning District: CB (Central Business), SCTM #800-14-3-37. Proposal: Change of use from residence to maintain an 813 sq. ft. office, 520 sq. ft. second floor apartment, and 372 sq. ft. detached office. |
| VII. | READ-ONS: |
| 1. | RES-2012-962 : Adoption of Amendments to Chapter 322 of the Code of the Town of Smithtown entitled "Building Zone Ordinance" as per public hearing held on July 17, 2012, with minor modifications, and pursuant to the recommendation of the Town Attorney. |
| 2. | RES-2012-963 : The Town Board to authorize the Town Clerk to advertise for a public hearing to be held at the Eugene A. Cannataro Senior Citizen Center, 420 Middle Country Road, Smithtown, New York on the 25th day of October, 2012 at 7:00 P.M., to consider the Preliminary Budget of the Town of Smithtown for the fiscal year 2013. |
| PUBLIC SPEAKERS: |
| ADJOURNED |
| VIII. | ADJOURN |
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