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Proffessional Services Agreement

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					                                    Smithtown Town Board
                                                                                    Smithtown, NY 11787
                                            Regular Meeting                        www.smithtowninfo.com

                                               ~Agenda ~                                Vincent Puleo
                                                                                       (631) 360-7620


Tuesday, June 8, 2010                            2:01 PM                    Victor T. Liss Meeting Room

CALL TO ORDER


CORRESPONDENCE
            1. Parade/Run/Walk - Smithtown HS West Homecoming First Reading


            2. Parade/Run/Walk - Kings Park Chamber of Commerce - Kings Park Day Bike
               Rally Second Reading


            3. Building Department Report - May, 2010


            4. Special Event - Kings Park Chamber of Commerce - Kings Park Day Festival
               Second Reading


            5. Special Event - Airmid Theatre Company Carnival in Kings Park Shopping
               Center Second Reading


ADVERTISE FOR PUBLIC HEARING
            1. Authorize the Town Clerk to advertise for public hearing to be held at the
               Eugene A. Cannataro Senior Citizen Center, 420 Middle Country Road,
               Smithtown, New York on Thursday, June 24, 2010 at 7:00 PM to consider
               amending Chaper 322 ( Zoning Ordinance) of the Town Code as it relates to
               Commercial Vehicles.

            2. 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 24th day of June, 2010 at 7:00 P.M., to
               consider Special Exception Petition #2010-05 as submitted by Jeffrey
               Nekrutman, for a special exception to construct a commercial public recreation
               and sports complex in LI (Light Industrial) District on property located on the
               northwest corner of Indian Head Road and Old Northport Road, Kings Park,
               NY. SCTM #0800-042-1-23.4 & 37

RESOLUTIONS

 1. The Town Board to authorize the Town Clerk to advertise for the following bids to be
    returned to Town Hall, 99 West Main Street, P.O. Box 646, Smithtown, New York
    11787, 11:00am on dates indicated:
            A. Bid # 10-043: Furnish and Install Chain Link Fence, July 1, 2010.

 2. The Town Board to award the following bids and to authorize the purchase of
    associated goods/services:
            A. Bid # 10-034 for Mulch Bags to Dyna-Pak Corp. as per bids opened May 20,
               2010.

            B. Bid # 10-035 for L.E.D. Street Lighting Material to Best L.E.D. Group as per
               bids opened May 20, 2010.




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Regular Meeting                                    Agenda                                     June 8, 2010

            C. Bid # 10-037 for Steel Stock to Sims Steel Corp. as per bids opened May 20,
               2010.

 3. The Town Board to award the following Request For Proposal(s) per opening date
    indicated:
            A. RFP # 09-061 for an Environmental Impact Statement for a Continuing Care
               Retirement Community to Nelson, Pope & Voorhis, LLC as per Best and Final
               Offers received on October 14, 2009 and to authorize the Supervisor to sign an
               agreement on a form approved by the Town Attorney.

 4. 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. The Town Board’s Own Motion to support and concur with the designation of
               100 Davids Drive and 320, 330, and 380 Oser Avenue as an Empire Zone Area
               for a regionally significant project known as MITEQ, Inc., dated May 28, 2010.

            B. The Town Board’s Own Motion to support and concur with the designation of 87
               Modular Avenue as an Empire Zone area for a regionally significant project
               known as Gemini Pharmaceuticals, Inc., dated May 28, 2010.

            C. Site plan approval by Metro PCS New York, LLC for Metro PCS New York, LLC
               (10-06), dated June 2, 2010.

            D. Site Plan approval by Sol Niego, Architect for Contract Pharmacal Corporation
               (10-07), dated June 1, 2010.

            E. The Town Board’s own motion to amend Smithtown Town Code Chapter 322,
               regarding non-conforming uses and the Board of Zoning Appeals, dated June
               2, 2010.

 5. The Town Board to approve the following:
            A. Town Clerk to issue Special Event Permit to the Airmid Theatre Group for a
               carnival to be held from June 11 - 14, 2010 in the Kings Park Shopping Center
               and to notify the proper authorities.

            B. Town Clerk to issue a Parade/Run/Walk permit to the Kings Park Chamber for
               their Kings Park Bike Rally to be held on Saturday, June 19, 2010 and to notify
               the proper authorities.

            C. Town Clerk to issue a Special Event permit to the Kings Park Chamber of
              Commerce for their annual Kings Park Day Festival to be held on Saturday,
              June 19th, 2010 and to notify the proper authorities.

            D. 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 the Town Attorney.

            E. Retain the Services of Wiley Engineering as design consultant for theTraffic
               Signal Design of Old Willetts Path at Oser Ave.

            F. Town Board to support and concur with theSuffolk County/Town of Riverhead
               Empire Zone to include the properties identified as SCTM#: 0800-180.00-01.00-
               018.000 as an Empire Zone area for a Regionally Significant Project.

            G. Town Board to support and concur with theSuffolk County/Town of Riverhead
              Empire Zone to include the properties identified as SCTM#: 0800-182.00-01.00-
              033.022, 0800-182.00-01.00-033.049. 0800-182.00-01.00-033.023, 0800-



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Regular Meeting                                  Agenda                                   June 8, 2010

               182.00-01.00-033.029,   0800-182.00-01.00-033.041,         0800-182.00-01.00-
               033.042 as an Empire Zone area for a Regionally Significant Project.

            H. Change Order to Maple Avenue Reconstruction contract with J. Anthony
              Enterprises, Inc.

            I. Continued services of Devitt Spellman Barrett to represent the Town of
               Smithtown in the matter of TJS of New York, Inc. v. Town of Smithtown, and to
               further authorize an additional $40,000.00 in fees for a total fee not to exceed
               $100,000.00 without further authorization, per the recommendation of the Town
               Attorney (Federal Court Action - Docket No. 03 CV 4407 (SJF)(ARL)

            J. Maureen Fiorello, Director of School Age Child Care and staff (as per attached
               list) to attend a Hi -Hello Child Care Conference for Child Care Providers on
               June 12th 2010 from 8:30 am to 4:00 pm.

 6. The Town Board to authorize the acceptance of the following:
            A. Donations as follows: Club Moriches (1324) (1330) - $91.35; Fort Salonga
               (862) (865) - $70.00

 7. The Town Board to authorize the Comptroller to execute the following:
            A. Transfer from account A.7317.0444 (Proffessional Services) in the amount of
               $3,125.00; and Transfer to account A.7317.0290 (Computer Equipment) in the
               amount of $3,000.00; and Transfer to account A.7317.0424 (Water) in the
               amount of $125.00. (School Age Childcare)

            B. Transfer from account DM.5130.0110 (Personnel Salaries) in the amount of
               $50,000.00; and transfer to account DM.5130.0140 (Snow Remov. Overtime) in
               the amount of $50,000.00. (Highway)

            C. Transfer from account A.5010.0110 (Personnel Salaries) in the amount of
              $8,200.00; and transfer to account A.5010.0120 (Part Time Salaries) in the
              amount of $5,000.00; and transfer to account A.5010.0130 (Overtime Salary) in
              the amount of $200.00; and transfer to account A.5010.0150 (Accruals) in the
              amount of $3,000.00. (Highway)

            D. Transfer from account DR.5110.0110 (Personnel Salaries) in the amount of
              $200,000.00; and transfer to account DR.5110.0150 (Accruals) in the amount of
              $200,000.00. (Highway)

            E. Transfer from account A.1421.0120 (Personnel Salaries) in the amount of
              $5,000.00; and Transfer to account A.1421.0444 (Proffessional Services) in the
              amount of $5,000.00. (Public Safety)

            F. Transfer from account A.1990.0900 (Contingency) in the amount of $4,000.00;
               and transfer to account A.1010.0120 (Part Time Salaries) in the amount of
               $4,000.00. (Town Council)

            G. Transfer from account A.1990.0900 (Contingency) in the amount of $7,211.00;
              and transfer to account A.1410.0150 (Accruals) in the amount of $7,211.00.
              (Town Clerk)

            H. Increase account A.0000.2712 (Sr. Cit. Gifts & Donations) in the amount of
              $161.35; and increase account A.7620.0480 (Celebrations) in the amount of
              $161.35. (Senior Citizens)

            I. Transfer from account DM.5130.0248 (CNG Vehicles) in the amount of
               $110,400.00; and transfer to account DM.5130.0240 (Heavy Equipment
               Purchase) in the amount of $110,400.00. (Highway)




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Regular Meeting                                   Agenda                                     June 8, 2010

            J. Transfer from account DM.9710.0700 (Interest) in the amount of $2,000.00; and
               transfer to account DM.9710.0600 (Principal) in the amount of $2,000.00.
               (Highway)

            K. Increase account H05.0000.2770.00000115 (Misc Revenues CP10 St Johnland
               EIS)   in   the   amount    of   $126,200.00;  and   increase    account
               H05.8790.0395.00000115 (Env Pro. CP10 St. Johnland EIS) in the amount of
               $126,200.00. (DEW)

            L. Transfer from account A.1315.0460 (Provision For Official Stateme) in the
               amount of $5,000.00; and transfer to account A.1315.0449 (Printing) in the
               amount of $5,000.00. (Comptroller)

            M. Transfer from account B.8020.0443 (Outside Secretary/Steno) in the amount of
              $1,000.00; and Transfer from account B.8020.0449 (Printing) in the amount of
              $800.00; and Transfer from account B.8010.0443 (Outside Secretary/Steno) in
              the amount of $6,000.00; and Transfer from account B.8010.0449 (Printing) in
              the amount of $700.00; and Transfer to account B.8021.0120 (Part Time
              Salaries) in the amount of $8,500.00. (Planning)

            N. Transfer from account H02.1990.0900 (Contingency) in the amount of
              $137,000.00; and Transfer to account H02.5197.0571.00000080 (CP09 Maple
              Ave Const Town Share) in the amount of $137,000.00 (Traffic)

            O. Transfer from account A.8166.0489 (Leachate Removal / Disposal) in the
              amount of $15,000.00; and Transfer to account A.8164.0489 (Leachate
              Removal & Disposal) in the amount of $15,000.00 (DEW)

 8. The Town Board to authorize the Supervisor to execute the following on a form
    approved by the Town Attorney:
            A. Amendment to the Collective Bargaining Agreement with the Smithtown
              Administrators Guild concerning the position of Deputy Clerk I.

            B. Amendment to the Collective Bargaining Agreement with the Smithtown
              Administrators Guild concerning the position of Deputy Clerk II.

            C. Agreement with Claims Service Bureau of New York Inc. to serve as third-party
               administrator of existing workers' compensation claims effective July 1, 2010, at
               an annual administration fee of $1,000.00, plus additional costs billed per file in
               accordance with a flat rate or an hourly rate, whichever is less.

            D. Specialized Services Agreement with International Soccer Academy and the
              Recreation Department during the months of June, July and August 2010.

            E. Specialized Services Agreement with Lisa Spector and the Recreation
              Department during the months of July and August 2010.

            F. Specialized Services Agreement with Empire State Karate and the Recreation
               Department during the months of June, July and August 2010.

            G. Specialized Services Agreement with US Sports Institute and the Recreation
              Department during the months of July and August 2010.

            H. Specialized Services Agreement with Energy Interactive Fitness and the
              Recreation Department from June 28, 2010 through September 1, 2010.

            I. Specialized Services Agreement with Winner’s Edge Sports, Inc. and the
               Recreation Department during the months of July and August 2010.

            J. Addedum to the agreement with NADE for non-DOT drug and alcohol tests.




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Regular Meeting                                 Agenda                                   June 8, 2010

            K. Agreement with Montesano & Tallarico, DVM, LLP to provide veterinary
              services for the Town’s animals at Hoyt Farm for the period June 28, 2010
              througjh June 27, 2015.

            L. Agreement with Pamela Mizzi to provide consulting services        for Horizons
               Counseling and Education Center June 8, 2010 - June 8-2011 .

            M. Agreement with Kathi Letscher to provide consulting services fo rHorizons
              Counseling and Education Center June 8, 2010 - June 8, 2011 .

            N. Agreement with Patricia Feehan to provide consulting services for Horizons
              Counseling and Education Center June 8, 2010 - June 8-2011.

 9. The Town Board to approve settlement in the following matters per recommendation
    of the Town Attorney:
            A. Theresa Salerno v. Town of Smithtown in the total amount of $287.00.

 10.     The Town Board to authorize the release of the following:
            A. Performance Bond #112673 (Nova Casualty Company) in the amount of
              $11,069.00 and Cash Deposit in the amount of $500.00 for the site known as
              280A-Dorothy Street and to further authorize the Town Board to accept
              dedication of all public improvements. Principal: Steven and Stacy Trebing,
              386 Lake Avenue, Nesconset, New York 11767.

            B. Certified Check # 1019 (North Fork Bank) in the amount of $3,625.00 (Town
               Receipt # 24844, I.D. #96061200) posted in lieu of Growth and Life Bond for the
               subdivision known as Kemper Estates # 866. Principal: J. L. Hurtado, Jr., 9018
               Shenadoah Circle, Naples, Florida 34113.

            C. Certified Check #1132 (State Bank of Long Island) in the amount of $875.00 (
               Town Receipt # 85068, I.D. # 04051100) posted in lieu of Growth and Life Bond
               for the subdivision known as Godsell Plat # 994. Principal: J. Godsell, 1899
               Lakeland Avenue, Suite F, Ronkonkoma, New York 11779.

            D. Certified Check #11259 (State Bank of Long Island) in the amount of $500.00
               (Town Receipt #52263, I.D. # 00011004), posted in lieu of Growth and Life
               Bond for the subdivision known as Land of Peterford # 933. Principal: Valmont
               Construction Co., Inc., 6268 Jericho Turnpike, Commack, New York 11725.

PERSONNEL

 11.     The Town Board to approve the following Personnel matters:
            A. Seasonal appointments/reappointments per the attached list in the Recreation
               Department, to various positions at a rate of pay as indicated, not to exceed
               $5,000 per year, effective 7/1/10 to 8/31/10.

            B. Seasonal appointment of Laura Marchese to the position of Park Attendant II in
               the Department of Public Safety at a rate of pay of $8.50 per hour, not to
               exceed $5,000 per year, effective June 9, 2010.

            C. Part time appointment of Timothy Brown to the position of Park Ranger I in the
               Public Safety Department, at a rate of pay of $16.50 per hour, not to exceed
               1/2 the normal work week, effective June 9, 2010.

            D. Extend a medical leave of absence for Tara Foglia, Recreation Leader in the
               Department of Recreation, effective June 27, 2010, not to exceed three months.

            E. Seasonal appointments/reappointments per the attached list, in the Recreation
               Department to various positions at a rate of pay as indicated, not to exceed
               $5,000 per year, effective 6/26/10 to 9/6/10.



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Regular Meeting                                   Agenda                                    June 8, 2010

            F. Full time appointment of John J. Morris to the position of Town Comptroller to
               complete the unexpired term of Anthony A. Minerva, at a rate of pay of
               $100,000.00 per year, effective July 6, 2010; said term to expire December 31,
               2011.

            G. Seasonal appointments/reappointments per the attached list in the Recreation
              Department, to various positions at a rate of pay as indicated, not to exceed
              $5,000 per year, effective 7/1/10 to 8/31/10.

            H. Seasonal appointment of Christopher Scotto to the position of Student Intern II
               in the Town Council/Supervisor’s office at a rate of pay of $8.00 per hour, not to
               exceed $5,000 per year, effective 6/9/2010.

            I. Full time appointment of Maureen Sussillo to the position of Deputy Town Clerk I
                in the Office of the Town Clerk, at a rate of pay of $38.53 per hour, effective
                June 14, 2010.

            J. Full time appointment of Susan Sillaro to the position of Deputy Town Clerk II in
               the Office of the Town Clerk, at a rate of pay of $29.78 per hour, effective June
               14, 2010.

            K. Seasonal appointment of Kevin Bean to the position of Park Attendant II in the
               Department of Public Safety at a rate of pay of $8.50 per hour, not to exceed
               $5,000 per year, effective June 9, 2010.

            L. Part time appointment of Jodi Pinchuk to the position of Account Clerk in the
               Assessor’s Office, at a rate of pay of $10.50 per hour, not to exceed 1/2 the
               normal work week, effective June 9, 2010.

            M. Seasonal appointment of Lyndsay Knoeller to the position of Student Intern I in
              the Department of Public Safety at a rate of pay of $7.25 per hour, not to
              exceed $5,000 per year, effective June 9, 2010.

            N. Termination of William J. Corio, Auto Mechanic II , from the Department of
              Parks, Buildings and Grounds for his failure to comply with Stipulation of
              Settlement with the Town effective the close of business on June 8, 2010

            O. Seasonal reappointment of Robert Daly to the posititon of Laborer at a rate of
              pay of $7.50 hrly., not to exceed $5,000 per year, effective June 9, 2010
              (Parks).

            P. Change in salary for Jillian Holst, Student Intern II, in the Department of Public
               Safety from $8.00 to $8.50 per hour, effective June 9, 2010.

            Q. Seasonal reappointment of Daniel Johnson to the position of Rec Aide in the
              Recreation Department, at a rate of pay of $7.25 per hour, not to exceed $5,000
              per year, effective 6/9/10.

TO BE HEARD

ADJOURNED




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