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Home My WebLink AboutAG-08/16/2005ELIZABETH NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER AGENDA SOUTHOLD TOWN BOARD August 16, 2005 4:30 PM Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631) 765-1800 southoldtown.northfork.net Councilman William P. Edwards [] [] [] Councilman Daniel C. Ross [] [] [] Councilman John M. Romanelli [] [] [] Justice Louisa P. Evans [] [] [] Supervisor Joshua Y. Horton [] [] [] Town Clerk Elizabeth A. Neville [] [] [] Town Attorney Patricia A. Finnegan [] [] [] 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. Pledge of Allegiance. Approval of the Audit of Bills of August 16, 2005. Next Regular Town Board Meeting: August 30, 2005, 7:30 p.m. I. REPORTS Subject Details 1. Southold Town's Program for the Disabled July 2005 2. Southold Town Trustees Monthly Report July 2005 3. North Fork Animal Welfare League, Financial 2nd Quarter ended 6/30/05 & 6/30/04 Statement 4. Southold Town Justice Court, Bruer July 2005 II. PUBLIC NOTICES Subject Details 1. Notification of Alteration Permit to NYS Liquor Authority 2. Notification of Liquor License Renewal with NYS Liquor Authority 3. Notification of New Liquor License Application with NYS Liquor Authority Gerard Hayden (currently Coeur de Vigne Restaurant) 57335 Main Road, Southold. Pepi's Restaurant Elements of Nature, Michael Miller, President 56125 Main Road, Southold Southold Town Meeting Agenda - August 16, 2005 Page 2 III. COMMUNICATIONS None IV. FOR DISCUSSION Subject 1. Comprehensive Plan for Southold Town 2005 - Draft 2. Proposed Resolutions Re East Marion/Orient Causeway Project 3. TDR Halo Zones 4. DOT/Overflow Parking At Orient Point 5. Proposed Local Law Boats & Recreational Vehicles 6. Cablevision Complaint 7. Request for Retaining $5000 Park & Playground Fee Details 9:00 a.m. North Fork Environmental Council 9:30 a.m. - Jamie Richter, Engineer and Neb Brashich, Transportation Commission ~er Councilman Edwards Storage and Parking of Boats & Recreational Vehicles ~er Assistant Town Attorney Corcoran Subdivision of Bertha Pawluczyk V. RESOLUTIONS 2005-491 CATEGOR~ DEPARTMEN~ Road Dedications Town Attorney Accept the Road Dedication of Summit Estates M East Marion WHEREAS, Gusmar Realty Corporation has made application to the Town Board of the Town of Southold to dedicate certain roads in East Marion, New York, to be known as SUMMIT LANE, MARINA LANE, and GUS DRIVE, and also RECHARGE BASIN and DRAINAGE EASEMENT, as shown and designated on the subdivision maps entitled Map of Summit Estates, Section One, filed in the Office of the Clerk of the County of Suffolk on November 4, 1993 as Map No. 9426, Map of Summit Estates, Section Two, filed in the Office of the Clerk of the County of Suffolk on May 21, 2002 as Map No. 10768, and Map of Summit Estates, Section Three, filed in the Office of the Clerk of the County of Suffolk on May 21, 2002 as Map No. 10769, together with the release executed by the owner thereof; and WHEREAS, the Southold Town Superintendent of Highways has inspected the said highways, recharge basin and drainage easement and has advised the Town Board that said proposed Southold Town Meeting Agenda - August 16, 2005 Page 3 highways and land complies in all respects with the specifications for the dedication of highways and drainage in the Town of Southold; now therefore, be it RESOLVED, that in accordance with Section 171 of the Highway Law of the State of New York, consent be, and the same hereby is, given to the Superintendent of Highways to make an order laying out the aforesaid highways, to consist of lands described in said application as shown on certain maps attached to said application; and be it FURTHER RESOLVED, that the Town Clerk be~ and she hereby is~ authorized and directed to forthwith cause the dedication~ release and deed to be recorded in the Office of the Clerk of the County of Suffollq New York. [] Adopted W~liam P. Edwm'ds [] [] [] [] [] Adopted as Amended Daniel C. Ross [] [] [] [] [] Defeated Thomas H. Wickham [] [] [] [] [] Tabled Jotm M. Rom~elli [] [] [] [] [] Wit hob-awn Lo,flsa P. Evm~s [] [] [] [] Joshua Y. Horton [] [] [] [] 2005-492 CATEGOR~ DEPARTMEN~ Surplus Equipment Data Processing Declare Equipment to be Surplus Equipment, Authorize and Direct Town Clerk to Advertise Same for Sale RESOLVED that the Town Board of the Town of Southold hereby declares the following equipment to be surplus equipment: Computer Asset No.: = 2464 Class: = 044 Computer Asset No.: = 2452 Class: = 044 Computer Asset No.: = 2449 Class: = 044 Computer Asset No.: = 2453 Class: = 044 Computer Asset No.: = 2451 Class: = 044 Computer Asset No.: = 2458 Class: = 044 Southold Town Meeting Agenda - August 16, 2005 Page 4 Computer Asset No.: = 2459 Class: = 044 Computer Asset No.: = 2455 Class: = 044 Computer Asset No.: = 2454 Class: = 044 Computer Asset No.: = 2463 Class: = 044 Computer Asset No.: = 246'1 Class: = 044 Computer Asset No.: = 2457 Class: = 044 Computer Asset No.: = 2460 Class: = 044 Computer Asset No.: = 2466 Class: = 044 Computer Asset No.: = 2462 Class: = 044 Computer Asset No.: = 2467 Class: = 044 Computer Asset No.: = 2456 Class: = 044 Computer Asset No.: = 2465 Class: = 044 Computer Asset No.: = 23'1 '1 Class: = 044 Computer Asset No.: = 2338 Class: = 044 Computer Asset No.: = 2385 Class: = 044 Computer Asset No.: = 2384 Class: = 044 Computer Asset No.: = 2387 Class: = 044 Computer Asset No.: = 2386 Class: = 044 Computer Asset No.: = 2383 Class: = 044 Computer Asset No.: = 2382 Class: = 044 Computer Asset No.: = 2337 Class: = 044 Computer Asset No.: = 234'1 Class: = 044 Computer Asset No.: = 2339 Class: = 044 Computer Asset No.: = 2340 Class: = 044 Computer Asset No.: = 2487 Class: = 044 Computer Asset No.: = 2532 Class: = 044 Computer Asset No.: = 250'1 Class: = 044 Computer Asset No.: = 2535 Class: = 044 Computer Asset No.: = 228'1 Class: = 044 Computer Asset No.: = 2282 Class: = 044 Printer Asset No.: = '165'1 Class: = 046 Printer Asset No.: = '165'1 Class: = 046 Printer Asset No.: = '16'14 Class: = 046 Printer Asset No.: = '1708 Class: = 046 Printer Asset No.: = 2504 Class: = 046 Scanner Asset No.: = 209'1 Class: = 040 Be it further RESOLVED that the Town Board authorizes and directs the Town Clerk to advertise for the sale of same. Southold Town Meeting Agenda - August 16, 2005 Page 5 [] Adopted W~liam P. Edwm'ds [] [] [] [] [] Adopted as Amended Daniel C. Ross [] [] [] [] [] Defeated Thomas H. Wickham [] [] [] [] [] Tabled Jotm M. Rom~elh [] [] [] [] [] Wit hch-awn Lo~tisa P. Evm~s [] [] [] [] Joshua Y. Horton [] [] [] [] 2005-493 CATEGOR~ DEPARTMEN~ Employment Police Dept Accept the Letter of Resignation of Robert Z Harney From His Position As a Public Safety Dispatcher for the $outhold Town Police Department RESOLVED that the Town Board of the Town of Southold hereby accepts the letter of resignation of Robert J. Harne¥ from his position as a Public Safety Dispatcher for the Southold Town Police Department, effective Wednesday, August 31, 2005. [] Adopted William P. Edwm'ds [] [] [] [] [] Adopted as Amended Daniel C. Ross [] [] [] [] [] Defeated Thomas H. Wickham [] [] [] [] [] Tabled Jotm M. Rom~elh [] [] [] [] [] Wit hch-awn Lo~tisa P. Evm~s [] [] [] [] Joshua Y. Horton [] [] [] [] 2005-494 CA TEGORY: Contracts, Lease & Agreements DEPARTMENT: Recreation Authorize and Direct Supervisor Joshua Y. Horton to Execute Agreements with Individuals for the Fall 2005 Recreation Programs RESOLVED that the Town Board of the Town of Southold authorizes and directs Supervisor Joshua Y. Horton to execute an agreement with the following individuals for the fall 2005 recreation programs~ all in accordance with the approval of the Town Attorney. Funding for the instructors listed below has been Southold Town Meeting Agenda - August 16, 2005 Page 6 budgeted for in the recreation department's 2005 instructor line A7020.4.500.420. Martine Abitbol (French Cooking) ................................................... $25/hour Antoinette Beck-Witt (drawing class) .............................................. $25/hour Sara Bloom (memoir writing) ........................................................... $25/hour Thomas Boucher (guitar) ................................................................. $30/hour Eugenia Cherouski (folk dancing) ................................................... $25/hour Custer Institute (stargazing) ............................................................. $45/person Shirley Darling (tennis) ................................................................... $30/class Jules DeVito (Hula Dance) .............................................................. $25/hour Martha Eagle (Aerobics) .................................................................. $30/hour East End Insurance Services (Defensive Driving) ............................ $30/person Susan Filzgerald (sewing class) ..................................................... $25/hour Mike Furst (beginner computer) ....................................................... $25/hour Dan Gebbia (dog obedience) .......................................................... $55/dog Carol Giordano (Baton) ................................................................... $25/class Dave Haurus (golf lessons) ........................................................... $50/person Hidden Lake Farms (Horseback Riding) ......................................... $230/person Rosemary Martilotta (hatha yoga) ....................................... $55/class Susan Merrie (frame drumming) ..................................................... $25/hour Jim Mikelbank (youth basketball) ....................................... $25/hour Mark Parson (golf lessons) ........................................................... $50/person Theresa Pressler (youth programs) ................................................ $25/hour Riverside Gymnastics (youth gymnastics) ..................................... $60/person Laurie Short (aerobics classes) ......................................................... $25/hour Steve Smith (weight training) ........................................................... $25/hour Touch Dancing Studios (ballroom) ................................................... $48/person US Coast Guard Auxiliary Flotilla 18-8 (GPS) .............................. $35/person Garance Werthmuller (Monoprinfing) .............................................. $25/hour [] Adopted William P. Edwm'ds [] [] [] [] [] Adopted as Amended Daniel C. Ross [] [] [] [] [] Defeated Thomas H. Wickham [] [] [] [] [] Tabled Jotm M. Rom~elli [] [] [] [] [] Wit hch-awn Lo,flsa P. Evm~s [] [] [] [] Joshua Y. Horton [] [] [] [] Southold Town Meeting Agenda - August 16, 2005 Page 7 2005-495 CATEGOR~ DEPARTMEN~ Budget Modification Police Dept Modify 2005 Juvenile ~1 ide Bureau Budget RESOLVED that the Town Board of the Town of Southold hereby modifies the GF-WT Juvenile Aide Bureau 2005 budget~ as follows: TO: A.3157.1.100.300 A.3157.1.100.400 JAB, P.S., F-T Employees Vacation Earnings JAB, P.S., F-T Employees Sick Earnings $83,614.82 $87,103.48 FROM: A.3120.1.100.300 A.3120.1.100.400 A.3120.1.600.500 Police, P.S., F-T Employees Vacation Earnings Police, P.S., F-T Employees Sick Earnings Police, P.S., Misc. Retirement Reserve $45,000.00 $65,000.00 $60,718.30 [] Adopted W~liam P. Ed~vm'ds [] [] [] [] [] Adopted as Amended Daniel C. Ross [] [] [] [] Southold Town Meeting Agenda - August 16, 2005 Page 8 2005-496 CATEGOR~ DEPARTMEN~ Legislation Supervisor Memorial Resolution Requesting Suffolk County Executive to Approve Suffolk County Legislature Resolution No. 1647 of 2005 WHEREAS, Suffolk County Legislators Michael Caracciolo and Jay Schneiderman sponsored a law entitled "A Charter Law to Provide for Fair and Equitable Distribution of Public Safety Sales and Compensating Use Tax Revenues" (Resolution No. 1647 of 2005); and WHEREAS, numerous public hearings were held before the Budget and Finance Committee of the Suffolk County Legislature with testimony provided by numerous East End Town Supervisors and Village Mayors; and WHEREAS, the Suffolk County Legislature, at its meeting held on August 9, 2005, adopted the above-referenced legislation, which will now provide for the fair and equitable distribution of public safety sales and compensating use tax revenues to those Towns and Villages not utilizing the services of the Suffolk County Police Department, namely, all of the East End Towns and Villages; and NOW, THEREFORE BE IT RESOLVED that the Town Board of the Town of Southold hereby requests that the Suffolk County Executive approve the above-cited legislation; and be it FURTHER RESOLVED that the Town Clerk is directed to forward a copy of this Resolution to Suffolk County Executive Steve Levy and the members of the Suffolk County Legislature. Southold Town Meeting Agenda - August 16, 2005 Page 9 [] Adopted William P. Edwm'ds [] [] [] [] [] Adopted as Amended Daniel C. Ross [] [] [] [] [] Defeated Thomas H. Wickham [] [] [] [] [] Tabled Jotm M. Rom~elli [] [] [] [] [] Wit hch-awn Lo,flsa P. Evm~s [] [] [] [] Joshua Y. Horton [] [] [] [] 2005-497 CATEGOR~ DEPARTMEN~ Budget Modification Town Clerk Authorize &e Modification of the 2005 General Fund, I4/hole Town Budget for Code Book and Updates RESOLVED that the Town Board of the Town of Southold hereby modifies the General Ftmd~ Whole Town 2005 budget as follows: To' A.1010.4.100.125 From: A.9901.9.000.300 Town Board C.E. Code Updates & Law Books Transfers to Other Funds Transfers to Risk Retention Fund $15,000.00 $15,000.00 [] Adopted W~liam P. Edwm'ds [] [] [] [] [] Adopted as Amended Daniel C. Ross [] [] [] [] [] Defeated Thomas H. Wickham [] [] [] [] [] Tabled Jotm M. Roma~elli [] [] [] [] [] Withch-awn Lo,flsa P. Evm~s [] [] [] [] Joshua Y. Horton [] [] [] [] Southold Town Meeting Agenda - August 16, 2005 Page 10 2005-498 CATEGOR~ DEPARTMEN~ Road Dedications Town Attorney Accept the Road Dedication of Rockcove Estates WHEREAS, East of Eden, LLC has made application to the Town Board of the Town of Southold to dedicate certain roads in CJreenport, New York, to be known as SOUND DRIVE, INLET POND ROAD, ROCKCOVE LANE, CAIOLA COURT and also RECHARGE BASIN, as shown and designated on the subdivision maps entitled Map of Rockcove Estates, filed in the Office of the Clerk of the County of Suffolk on June 11,2001, as Map No. 10637, together with the release executed by the owner thereof, and WHEREAS, the Southold Town Superintendent of Highways has inspected the said highways and recharge basin and has advised the Town Board that said proposed highways and land complies in all respects with the specifications for the dedication of highways and drainage in the Town of Southold; now therefore, be it RESOLVED that in accordance with Section 171 of the Highway Law of the State of New York, consent be~ and the same hereby is~ given to the Superintendent of Highways to make an order la~4ng out the aforesaid highways~ to consist of lands described in said application as shown on certain maps attached to said application; and be it FURTHER RESOLVED that the Town Clerk be, and she hereby is, authorized and directed to forthwith cause the dedication~ release and deed to be recorded in the Office of the Clerk of the County of Suffollq New York. [] Adopted W~liam P. Edwm'ds [] [] [] [] [] Adopted as Amended Daniel C. Ross [] [] [] [] [] Defeated Thomas H. Wickham [] [] [] [] [] Tabled Jotm M. Rom~elli [] [] [] [] [] Wit hob-awn Lo,flsa P. Evm~s [] [] [] [] Joshua Y. Horton [] [] [] [] Southold Town Meeting Agenda - August 16, 2005 Page 11 2005-499 CATEGOR~ DEPARTMEN~ Retirement/Resignation Accounting Accept the Resignation of Peggylee Dzenkowski From the Position of Full-Time Temporary Cook RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Peggylee Dzenkowski from the position of full-time temporary Cook at the Human Resource Center effective August 26, 2005. [] Adopted William P. Edwm'ds [] [] [] [] [] Adopted as Amended Daniel C. Ross [] [] [] [] [] Defeated Thomas H. Wickham [] [] [] [] [] Tabled Jotm M. Rom~elli [] [] [] [] [] Withch-awn Lo,flsa P. Evm~s [] [] [] [] Joshua Y. Horton [] [] [] [] 2005-500 CATEGOR~ DEPARTMEN~ Employment Accounting Amend Colin Volinski Pay Rate RESOLVED that the Town Board of the Town of Southold hereby amends resolution 2005- 476~ adopted at the August 2~ 2005 regular Town Board meeting to read as follows: RESOLVED that the Town Board of the Town of Southold hereby appoints Colin Volinski to the position of Student Intern I in the Southold Town Clerk Records Management office, at a rate of $!0.?. $10.49 per hour, effective August 3, 2005 [] Adopted William P. Edwm'ds [] [] [] [] [] Adopted as Amended Daniel C. Ross [] [] [] [] [] Defeated Thomas H. Wickham [] [] [] [] [] Tabled Jotm M. Rom~elli [] [] [] [] [] Wit hob-awn Lo,flsa P. Evm~s [] [] [] [] Joshua Y. Horton [] [] [] [] Southold Town Meeting Agenda - August 16, 2005 Page 12 2005-501 CATEGOR~ DEPARTMEN~ Employment Public Works Appoint Jeffery Standish to the Position of Deputy Director of Public Works RESOLVED that the Town Board of the Town of Southold hereby appoints Jeffery Standish to the position of Deputy Director of Public Works, effective August 17, 2005, at a salary of $6,180.00 per annum. [] Adopted William P. Edwm'ds [] [] [] [] [] Adopted as Amended Daniel C. Ross [] [] [] [] [] Defeated Thomas H. Wickham [] [] [] [] [] Tabled Jotm M. Roma~elli [] [] [] [] [] Withch-awn Lo,flsa P. Evm~s [] [] [] [] Joshua Y. Horton [] [] [] [] 2005-502 CATEGOR~ DEPARTMEN~ Attend Seminar Town Attorney Authorize Town Attorney to Attend the Joint Fall Meeting of the Munic~ pal and Environmental Law Sections of the New 7ork State Bar Association In Bolton Landing, NT, September 23-25, 2005 RESOLVED that the Town Board of the Town of Southold hereby grants ~ermission to Town Attorney Patricia A. Finnegan to attend the Joint Fall Meeting of the Municipal and Enviromnental Law sections of the New York State Bar Association in Bolton Landing, NY, September 23-25, 2005. All expenses for registration, travel and lodging to be a legal charge to the 2005 Town Attorney budget (meetings and seminars). Yes/Aye No/Nay Abstain Absent [] Adopted William P. Edwm'ds [] [] [] [] [] Adopted as Amended Daniel C. Ross [] [] [] [] [] Defeated Thomas H. Wickham [] [] [] [] [] Tabled Jotm M. Rom~elli [] [] [] [] [] Wit hob-awn Lo,flsa P. Evm~s [] [] [] [] Joshua Y. Horton [] [] [] [] Southold Town Meeting Agenda - August 16, 2005 Page 13 2005-503 CATEGOR~ DEPARTMEN~ Attend Seminar Accounting Grant Permission to Barbara Rudder and danice Foglia to A trend a Mandatory Meeting M to Hauppauge on August 24, 2005 RESOLVED that the Town Board Town of Southold hereby grants permission to Barbara Rudder and Janice Foglia to attend a mandatory meeting in to Hauppauge at the Suffolk County Department of Civil Service office on August 24~ 2005. All expenses to be charged to the Accounting Departments seminar line. [] Adopted William P. Edwm'ds [] [] [] [] [] Adopted as Amended Daniel C. Ross [] [] [] [] [] Defeated Thomas H. Wickham [] [] [] [] [] Tabled Jotm M. Rom~elli [] [] [] [] [] Wit hch-awn Lo,flsa P. Evmis [] [] [] [] Joshua Y. Horton [] [] [] [] 2005-504 CATEGOR~ DEPARTMEN~ Legislation Town Attorney Determine that the Proposed Local Law Entitled ".4 Local Law M Relation to Amendments to the Preservation of Historic Landmarks Law" is Classified As a Type ll Action RESOLVED that the Town Board of the Town of Southold hereby determines that the proposed Local Law entitled "A Local Law in Relation to Amendments to the Preservation of Historic Landmarks Law" is classified as a Type II action )ursuant to SEQRA rules and regulations, and is not subject to further review under SEQRA. Yes/Aye No/Nay Abstain Absent [] Adopted William P. Edwm'ds [] [] [] [] [] Adopted as Amended Daniel C. Ross [] [] [] [] [] Defeated Thomas H. Wickham [] [] [] [] [] Tabled Jotm M. Rom~elli [] [] [] [] [] Wit hob-awn Lo,flsa P. Evm~s [] [] [] [] Joshua Y. Horton [] [] [] [] Southold Town Meeting Agenda - August 16, 2005 Page 14 2005-505 CATEGOR~ DEPARTMEN~ Contracts, Lease & Agreements Community Development Authorize and Direct Supervisor Joshua F. Horton to Execute an Agreement Between the Town of $outhold and the NFS Department of State In Connection with the Implementation of the Town of $outhold's Local Water Revitalization Program RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to execute an Agreement between the Town of Southold and the NYS Department of State in connection with the Implementation of the Town of Southold's Local Water Revitalization Program in the amount of $150,000.00 all in accordance with the approval of the Town Attorney. [] Adopted William P. Edwm'ds [] [] [] [] [] Adopted as Panended Daniel C. Ross [] [] [] [] [] Defeated Thomas H. Wickham [] [] [] [] [] Tabled Jotm M. Rom~elli [] [] [] [] [] Withch-awn Lo,flsa P. Evm~s [] [] [] [] Joshua Y. Horton [] [] [] [] 2005-506 CATEGOR~ DEPARTMEN~ Bond Town Attorney Rescind Resolution #2005-471, Adopted At the August 2, 2005 Regular Town Board Meeting. RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED AUGUST 16, 2005, REPEALING, RESCINDING AND REVOKING THE SERIAL BOND RESOLUTION AUTHORIZING THE CONSTRUCTION OF A NEW TOWN ANIMAL SHELTER, IN SAID TOWN AT THE ESTIMATED MAX~ COST OF $2,600,000, ADOPTED BY THE TOWN BOARD OF SAID TOWN ON AUGUST 2, 2005. Southold Town Meeting Agenda - August 16, 2005 Page 15 THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two- thirds of all the members of said Town Board) AS FOLLOWS: The Town of Southold, in the County of Suffolk, New York (herein called the "Town")~ hereby repeals~ rescinds and revokes the serial bond resolution entitled: "BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK ADOPTED AUGUST 2, 2005, AUTHORIZING THE CONSTRUCTION OF A NEW TOWN ANIMAL SHELTER, IN SAID TOWN, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $2,600,000, APPROPRIATING SAID AMOUNT THEREFOR, AND AUTHORIZING THE ISSUANCE OF $2,600,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION." This resolution shall take place immediately. [] Adopted William P. Edwm'ds [] [] [] [] [] Adopted as Amended Daniel C. Ross [] [] [] [] [] Defeated Thomas H. Wickham [] [] [] [] [] Tabled Jotm M. Rom~elli [] [] [] [] [] Wit hob-awn Lo,flsa P. Evm~s [] [] [] [] Joshua Y. Horton [] [] [] [] 2005-507 CATEGOR~ DEPARTMEN~ Bond Town Attorney Approve Bond Resolution Appropriating $2,600, O00 for the Construction ora New Town Animal Shelter and Au&orize the Issuance on Serial Bonds to Finance Said Appropriation BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED AUGUST 16, 2005, AUTHORIZING THE CONSTRUCTION OF ANEW TOWN ANIMAL SHELTER, iN SAID TOWN, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $2,600,000, APPROPRIATING SAID AMOUNT THEREFOR AND AUTHORIZING THE Southold Town Meeting Agenda - August 16, 2005 Page 16 ISSUANCE OF $2,600,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two- thirds of all the members of said Town Board) AS FOLLOWS: The Town of Southold, in the County of Suffolk, New York (herein called the "Town"), is hereby authorized to construct a new Town anhnal shelter on the site of the existing animal shelter located at 269 Peconic Lane, in the Town, including demolition of the existing animal shelter~ purchase of the original furnishings~ equipment~ machinery and apparatus required for the purpose for which said new shelter is to be used and grading and improving the site. The estimated maximum cost of said specific object or purpose~ including preliminary costs and costs incidental thereto and to the financing thereof~ is $2~600~000 and the said amount is hereby appropriated therefor. The plan of financing includes the issuance of not to exceed $2~600~000 serial bonds of the Town to finance said appropriation and the levy and collection of taxes upon all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Serial bonds of the Town in the principal amount of not to exceed $2~600~000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law~ constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the "Law")~ to f'mance said appropriation. The following additional matters are hereby determined and declared: (a) Said new shelter will be of Class "B" construction as defined by Section 11.00 a. 11.(b) of the Law and the period of probable usefulness applicable thereto for which said bonds are authorized to be issued, within the limitations of said Section 11.00 a. 1 l(b) of the Law, is fifteen (15) years. (b) The proceeds of the bonds herein authorized, and any bond anticipation notes issued in anticipation of said bonds, may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. Southold Town Meeting Agenda - August 16, 2005 Page 17 (c) The Town Board of the Town, acting in the role of Lead Agency pursuant to the provisions of the New York State Environmental Quality Review Act, constituting Article 8 of the Environmental Conservation Law, and 6 N.Y.C.R.R., Regulations Part 617 ("SEQRA") has heretofore determined that the project described herein is an Unlisted Action pursuant to SEQRA. The Town Board has reviewed a Full Environmental Assessment Form and has determined that the project will not result in any significant adverse environmental impact and a negative declaration has been adopted. (d) The proposed maturity of the bonds authorized by this resolution will exceed five (5) years. Each of the bonds authorized by this resolution, and any bond anticipation notes issued in anticipation of the sale of said bonds, shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds, and any notes issued in anticipation of said bonds, shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town without limitation of rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds, and any notes issued in anticipation of the sale of said bonds, and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of the sale of said bonds, may be contested only if: Southold Town Meeting Agenda - August 16, 2005 Page 18 such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or the provisions of law which should be complied with at the date of the publication of such resolution, or a summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) constitution. such obligations are authorized in violation of the provisions of the This bond resolution is subject to a permissive referendum and the Town Clerk is hereby authorized and directed, within ten (10) days after the adoption of this resolution, to cause to be published, in full, in the "THE TRAVELER WATCHMAN," a newspaper published in Southold, New York and hereby designated the official newspaper for such publication and posted on the sign board of the Town maintained pursuant to the Town Law, a Notice in substantially the following form: TOWN OF SOUTHOLD, NEW YORK PLEASE TAKE NOTICE that on August 16, 2005, the Town Board of the Town of Southold, in the County of Suffolk, New York, adopted a bond resolution entitled: "BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED AUGUST 16, 2005, AUTHORIZING THE CONSTRUCTION OF ANEW TOWN ANIMAL SHELTER, 1N SAID TOWN, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $2,600,000, APPROPRIATING SAID AMOUNT THEREFOR AND AUTHORIZING THE ISSUANCE OF $2,600,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION" an abstract of which bond resolution concisely stating the purpose and effect thereof, being as follows: FIRST: AUTHORIZING the Town of Southold ("Town") to construct a new Town animal shelter on the site of the existing animal shelter located at 269 Peconic Lane, in Town, including demolition of the existing shelter, purchase of the original furnishings equipment, machinery and apparatus required and grading and improving the site; STATING the estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $2,600,000; APPROPRIATING said amount therefor and STATING the plan of financing includes the issuance of not to exceed $2,600,000 serial bonds of the Town to finance said appropriation and the levy and collection of taxes on all the taxable real property in Southold Town Meeting Agenda - August 16, 2005 Page 19 the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable; SECOND: AUTHORIZING the issuance of not to exceed $2,600,000 serial bonds of the Town pursuant to the Local Finance Law of the State of New York (the "Law") to finance said appropriation; THIRD: DETERMINING and STATING the period of probable usefulness applicable to said shelter, the purpose for which said serial bonds are authorized to be issued, is fifteen (15) years; the proceeds of said bonds and any bond anticipation notes issued in anticipation thereof may be applied to reimburse the Town for expenditures made after the effective date of this bond resolution for the purpose for which said bonds are authorized; the Town Board of the Town has heretofore determined that the project is an Unlisted action pursuant to SEQRA; and the proposed maturity of said $2,600,000 serial bonds will exceed five (5) years; FOURTH: DETERMINING that said bonds and any bond anticipation notes issued in anticipation of said bonds and the renewals of said bond anticipation notes shall be general obligations of the Town; and PLEDGING to their payment the faith and credit of the Town; FIFTH: DELEGATING to the Supervisor the powers and duties as to the issuance of said bonds and any bond anticipation notes issued in anticipation of said bonds, or the renewals thereof; and SIXTH: DETERMINING that the bond resolution is subject to a permissive referendum. DATED: August 16, 2005 Elizabeth A. Neville Town Clerk Section 8. The Town Clerk is hereby authorized and directed to cause said bond resolution to be published, in summary, in substantially the form set forth in Exhibit "A" attached hereto and made a part hereof, after said bond resolution shall take effect, in the newspaper referred to in Section 7 hereof, and hereby designated the official newspaper for said publication, together with a Notice in substantially the form as provided by Section 81.00 of the Southold Town Meeting Agenda - August 16, 2005 Page 20 Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York. EXHIBIT "A" BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED AUGUST 16, 2005 AUTHORIZING THE CONSTRUCTION OF A NEW TOWN ANIMAL SHELTER, IN SAID TOWN, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $2,600,000, APPROPRIATiNG SAID AMOUNT THEREFOR, AND AUTHORIZING THE ISSUANCE OF $2,600,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION. Object or purpose: Amount of obligations to be issued: Period of probable usefulness: to construct a new Town animal shelter on the site of the existing animal shelter located at 269 Peconic Lane, in the Town of Southold, including demolition of the existing shelter, purchase of the original furnishings equipment, machinery and apparatus required and grading and improving the site $2,600,000 fifteen (15) years A complete copy of the bond resolution summarized above shall be available for public inspection during normal business hours at the office of the Town Clerk, at the Town Hall, 53095 Main Street, Southold, New York. Dated: August 16, 2005 Southold, New York [] Adopted William P. Edwm'ds [] [] [] [] [] Adopted as Amended Daniel C. Ross [] [] [] [] [] Defeated Thomas H. Wickham [] [] [] [] [] Tabled Jotm M. Rom~elli [] [] [] [] [] Withch-awn Lo,flsa P. Evm~s [] [] [] [] Joshua Y. Horton [] [] [] [] Southold Town Meeting Agenda - August 16, 2005 Page 21 2005-508 CATEGOR~ DEPARTMEN~ Seqra Town Attorney Determine that the Town of Southold Serve As Lead Agency for the SEQRA Review of the Petition for Annexation Submitted by KACE LI, LLC WHEREAS, the Town Board of the Town of Southold has received a Petition for Annexation (the "Petition") submitted by KACE LI, LLC; and WHEREAS, the Board of Trustees of the Village of Greenport has proposed that it serve as lead agency for the environmental review of the Petition pursuant to SEQRA; BE IT HEREBY RESOLVED, that the Town Board of the Town of Southold preliminarily classifies the Petition as an Unlisted Action; and be it further RESOLVED, that the Town Board of the Town of Southold proposes that the Town of Southold serve as lead agency for the SEQRA review of the Petition~ and hereby directs that the Town Clerk mail a copy of this proposal to the Village of Greenport and all other interested a~encies; and be it further RESOLVED, that, in the event the Village of Greenport and the Town of Southold are unable to agree upon the lead agency determination with respect to the Petition, that the Town of Southold shall submit the issue to the Commissioner of the Department of Environmental Conservation for resolution pursuam to §617.6(b)(5) of the SEQRA Rules and Regulations. [] Adopted William P. Edwm'ds [] [] [] [] [] Adopted as Amended Daniel C. Ross [] [] [] [] [] Defeated Thomas H. Wickham [] [] [] [] [] Tabled Jotm M. Rom~elli [] [] [] [] [] Withch-awn Lo,flsa P. Evm~s [] [] [] [] Joshua Y. Horton [] [] [] [] Southold Town Meeting Agenda - August 16, 2005 Page 22 2005-509 CATEGOR~ DEPARTMEN~ Bid Acceptance Town Attorney Accept Proposal of Island Structures Engineering, PC and Authorize and Direct the Supervisor to Sign Agreement RESOLVED, that the Town Board of the Town of Southold hereby accepts the Proposal of Island Structures Engineering~ P.C. in the amount of $$0~000 for engineering services to complete Phase "i-A" of the Orient Causeway Scenic Byways Project; and be it further RESOLVED, that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to sign an Agreement between the Town of Southold and Island Structures Engineering~ P.C. in the amount of $50~000 for engineering services to complete Phase "i-A" of the Orient Causeway Scenic Byways Project, subject to the approval of the Town Attorney. [] Adopted William P. Edwm'ds [] [] [] [] [] Adopted as Panended Daniel C. Ross [] [] [] [] [] Defeated Thomas H. Wickham [] [] [] [] [] Tabled Jotm M. Roma~elli [] [] [] [] [] Wit hch-awn Lo,flsa P. Evm~s [] [] [] [] Joshua Y. Horton [] [] [] [] 2005-510 CATEGOR~ DEPARTMEN~ Enact Local Law Town Attorney Enact Local Law Entitled ".4 Local Law In Relation to Amendments to the Preservation of Historic Landmarks Law" YVItEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 2nd day of August, 2005 a Local Law entitled "A Local Law in relation to Amendments to the Preservation of Historic Landmarks Law"; and Southold Town Meeting Agenda - August 16, 2005 Page 23 YVHEREAS 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 Board of the Town of Southold hereby enacts the Local Law entitled, "A Local Law in relation to Amendments to the Preservation of Historic Landmarks Law" which reads as follows: LOCAL LAW NO. 2005 A Local Law in relation to Amendments to the Preservation of Historic Landmarks Law. BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. In order to provide for greater community representation on the Historic Preservation Commission, and to foster the development of appropriate committees and the division of labor, it is necessary to empower the Town Board of the Town of Southold to enlarge the membership of the Commission from five (5) to seven (7) members. II. Code Amendment. § 56-4. Powers and Duties of the Historic Preservation Commission. A. There is hereby created a commission to be known as the Town of Southold Historic Preservation Commission. The Historic Preservation Commission shall consist of no fewer than five (5) members and no ~reater than seven (7) members, to be appointed by the Town Board, to the extent available in the community, as follows: buildings; At least one member shall be an architect experienced in working with historic 2. At least one member shall have demonstrated significant interest in and commitment to the field of historic preservation; and 3. All members shall have a known interest in historic preservation and architectural development within the Town of Southold. II. Severability. Southold Town Meeting Agenda - August 16, 2005 Page 24 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. III. Effective Date. This Local Law shall be effective immediately upon its filing in the Office of the Secretary of State. [] Adopted William P. Edwm'ds [] [] [] [] [] Adopted as Panended Daniel C. Ross [] [] [] [] [] Defeated Thomas H. Wickham [] [] [] [] [] Tabled Jotm M. Roma~elli [] [] [] [] [] Withch-awn Lo~tisa P. Evm~s [] [] [] [] Joshua Y. Horton [] [] [] [] PUBLIC HEARINGS Public Hearing # 1 5:00 P.M. - "A LOCAL LAW IN RELATION TO AMENDMENTS TO THE PRESERVATION OF HISTORIC LANDMARKS LAW" William P. Edwm'ds [] [] [] [] Daniel C. Ross [] [] [] [] [] Adjo~m~ed Thomas H. Wickham [] [] [] [] [] Closed Jotm M. Rom~a~elli [] [] [] [] Lo~tisa P. Evm~s [] [] [] [] Joshua Y. Horton [] [] [] [] TOWN BOARD APPOINTMENTS Sub. ject 9:00 A.M. - North Fork Environmental Council 9:30 A.M Jamie Richter, Engineer & Neb Brashich, Transportation Commission Details re: IV-1 RE: IV2 Proposed Resolutions Re East Marion/Orient Causeway Prqject EXECUTIVE SESSION