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Home My WebLink AboutAG-02/27/2007 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 southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER AGENDA SOUTHOLD TOWN BOARD February 27, 2007 4:30 PM Attendee Name Present Absent Late Arrival Councilman Albert Krupski Jr. ??? Councilman William P. Edwards ??? Councilman Daniel C. Ross ??? Councilman Thomas H. Wickham ??? Justice Louisa P. Evans ??? Supervisor Scott Russell ??? 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. I. REPORTS 1. Board of Trustees January 2007 2. Program for the Disabled January 2007 II. PUBLIC NOTICES 1. US Army Corps of Engineers Application to dredge Brushes Creeks with ten years maintenance and sand discharge for beach nourishment. Suffolk County Department of Public Works Southold Town Meeting Agenda - February 27, 2007 Page 2 2. NYS DEC Notice of Complete Application Peconic Land Trust, Harper Preserve, 1920 Lake Dr., Southold III. COMMUNICATIONS IV. DISCUSSION 1. 9:00 AM ZBA Report Jim Dinizio 2. 9:30 AM Hamlet/Halo Stakeholders Philip Beltz 3. 9:50 AM Goldsmith Inlet Jamie Richter 4. Peconic Recycling and Transfer Station 5. Home Rule Requests 6. Rental Housing Law 7. Waiver of Merger 8. Draft AG PDD 9. Senior Forum: 2/28 @ 10:00 AM 10. Appointment to Ethics Board 11. Appointment to Land Preservation Commission 12. LWRP Coordinating Committee Appointments 13. Buildable Lot Coverage 14. Wind Energy Systems Law 15. Request for B & Bs In Marine Zones 16. New Roles for Ag Advisory Committee 17. No Parking Request: Oak Street and Surroundings, Greenport 18. Southold Rep to Suffolk County Planning Commission Southold Town Meeting Agenda - February 27, 2007 Page 3 19. 1:00 PM - Executive Session - Personnel Karen McLaughlin 20. 1:30 PM - Executive Session - Acquisition of Property Melissa Spiro 21. Executive Session - Personnel - LWRP 22. Executive Session - Contract - Raynor Foundation 23. Executive Session - Ethics Board Decision 24. Executive Session - Acquisition of Property Clark’s Beach V. RESOLUTIONS 2007-247 CATEGORY: Audit DEPARTMENT: Town Clerk Audit 2/27/07 RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby February 27, 2007. Vote Record - Resolution RES-2007-247 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-248 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Next Meeting 3/13/07 7:30 Pm RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, March 13, 2007 at the Southold Town Hall, Southold, New York at 7:30 P. M.. Southold Town Meeting Agenda - February 27, 2007 Page 4 Vote Record - Resolution RES-2007-248 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-249 CATEGORY: Advertise DEPARTMENT: Town Clerk Amend Res #2007-187 RESOLVEDresolution #2007- that the Town Board of the Town of Southold hereby amends 187, adopted at the February 13, 2007 to read as follows: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 13th day of February, 2007 a Local Law entitled “A Local Law in relation to Amendments to Exemption for Volunteer Fire Fighters and Ambulance Workers” now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local 13th day of March 2007 Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the at 7:45 p.m. at which time all interested persons will be given an opportunity to be heard. Vote Record - Resolution RES-2007-249 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-250 CATEGORY: Advertise DEPARTMENT: Town Clerk Amend Res 2007-188 RESOLVED amends resolution #2007-188 adopted that the Town Board of the Town of Southold hereby at the February 13, 2007 meeting, to read as follows: Southold Town Meeting Agenda - February 27, 2007 Page 5 WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 13th day of February, 2007 a Local Law entitled “A Local Law in relation to Exemption for Veterans and Gold Star Parents” now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local 13th day of March 2007 Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the at 7:50 p.m. at which time all interested persons will be given an opportunity to be heard. Vote Record - Resolution RES-2007-250 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-251 CATEGORY: Employment - Town DEPARTMENT: Town Clerk Resignation Francesca Quintieri RESOLVEDaccepts, with regret, the that the Town Board of the Town of Southold hereby resignation of Francesca Quintieri from her position of Account Clerk in the Town Clerk’s office, effective February 28, 2007. Vote Record - Resolution RES-2007-251 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-252 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification--2006 Town Board and Fringes Southold Town Meeting Agenda - February 27, 2007 Page 6 RESOLVEDmodifies the 2006 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: To: A.1010.4.600.750 Town Board, C.E., FI Harbor Committee $1,675 A.9050.8.000.000 Unemployment Insurance 770 From: A.1010.4.600.100 Town Board, C.E., Legal Notices $1,675 A.9030.8.000.000 Social Security 770 Vote Record - Resolution RES-2007-252 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-253 CATEGORY: Budget Modification DEPARTMENT: Engineering Budget Modification - 2006 Engineer RESOLVED modifies the 2006 General that the Town Board of the Town of Southold hereby Fund, Whole Town Budget, as follows for the Engineering Department: To: A 1440.1.100.100 Regular Earnings $ 571.64 A 1440.1.100.200 Overtime Earnings $ 2,254.43 From: A 1440.1.200.100 Part Time Regular Earnings $ 2,826.07 Vote Record - Resolution RES-2007-253 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-254 Southold Town Meeting Agenda - February 27, 2007 Page 7 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification 2006 RESOLVEDmodifies the 2006 that the Town Board of the Town of Southold hereby Architectural Review Committee General Fund Part Town budget as follows: To: B.3989.1.200.100 Part-Time Regular Earnings $40.83 From: B.3989.4.100.100 Supplies & Materials $12.17 B.1990.4.100.100 Unallocated Contingencies $28.66 Vote Record - Resolution RES-2007-254 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-255 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk St. Patrick’s Day Parade, Cutchogue RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby rd Cutchogue-New Suffolk Chamber of Commerce to use the following roads for its 3 Annual St. Patrick’s Day Parade in Cutchogue on Saturday, March 18, 20072 beginning at PM : Cox’s Lane, west on Main Road, to Cases’s Lane, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and notify Capt. Flatley within ten (10) days of the approval of this resolution to coordinate traffic control. Southold Town Meeting Agenda - February 27, 2007 Page 8 Vote Record - Resolution RES-2007-255 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-256 CATEGORY: Public Service DEPARTMENT: Public Works Eagle Scout Project RESOLVEDapproves and authorizes that the Town Board of the Town of Southold hereby Dan Sawicki to conduct his Eagle Scout Project at the Laurel Lake Preserve, under the supervision of the Department of Public Works. Vote Record - Resolution RES-2007-256 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-257 CATEGORY: Surplus Equipment DEPARTMENT: Public Works Surplus Vehicle RESOLVEDdeclares the following that the Town Board of the Town of Southold hereby equipment to be surplus equipment: 1988 Dodge 3 yard Dump Truck Vin # 1B6MD345XJS651997 Fleet # PW3 RESOLVED Be it further that the Town Board authorizes and directs the Town Clerk to advertise for the sale of same in “as in” condition. Southold Town Meeting Agenda - February 27, 2007 Page 9 Vote Record - Resolution RES-2007-257 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-258 CATEGORY: Property Acquisition Public Hearing DEPARTMENT: Land Preservation N&J Management - Set Public Hearing RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold sets Tuesday, March 13, 2007, at 7:55 p.m., Southold Town Hall, 53095 Main Road, hereby Southold, New York as the time and place for a public hearing for the purchase of a development rights easement on property owned by N&J Management Company. Said property is identified as part of SCTM #1000-113-13-1.2. The address is 4735 Westphalia Road, Mattituck, New York. The property is located on the southerly side of Westphalia Road, approximately 830 feet east of the intersection of Cox Neck Road and Westphalia Road in Mattituck in the R-80 zoning district. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 16.5± acres of the 17.5± acre parcel. The exact area of the purchase is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The purchase price is $68,000 (sixty-eight thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds. The easement purchase may be eligible for partial funding from an awarded NYS Agriculture and Markets grant. The property is listed on the Town’s Community Preservation Project Plan as property that should be preserved due to its agricultural value; and Southold Town Meeting Agenda - February 27, 2007 Page 10 FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Vote Record - Resolution RES-2007-258 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-259 CATEGORY: Advertise DEPARTMENT: Police Dept Advertise for Traffic Control Officers for the 2007 Summer Season RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise for Traffic Control Officers for the 2007 summer season at the hourly wage of $14.14 per hour. Applications must be received by Monday, March 26, 2007. Vote Record - Resolution RES-2007-259 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-260 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to the Cutchogue Fire Department to Use the Following Roads for the Suffolk County Volunteer Firefighters Parade and Staging Areas In Cutchogue on Saturday, July 14, 2007 RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Cutchogue Fire Department to use the following roads for the Suffolk County Volunteer Firefighters Parade and staging areas in Cutchogue on Saturday, July 14, 2007 beginning at 5:00 PM: New Suffolk Lane, Harbor Lane, Cox Lane and Eugene’s Road provided they file Southold Town Meeting Agenda - February 27, 2007 Page 11 with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and notify Capt. Flatley immediately upon receipt of the approval of this resolution to coordinate traffic control. Vote Record - Resolution RES-2007-260 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-261 CATEGORY: Support Resolution DEPARTMENT: Town Clerk The Conservation Easement Conveyed by the Helen Wickham to the Peconic Land Trust, Inc. is Consistent with the Town’s Public Policy of Preserving Open Space and Scenic Vistas WHEREAS , Abigail A. Wickham, As Trustee under the Will of William Wickham for the benefit of Helen Wickham, (the Grantor) is the owner of 32 acres of land located on Middle Road (CR 48) in the hamlet of Cutchogue in the Town of Southold, Suffolk County, New York, identified as Suffolk County Tax Map Parcel Number (SCTM #:) 1000-101-1-8.1 and hereinafter referred to as the “Property”; and WHEREAS , the Property is located in the Agricultural Conservation District of the Town of Southold which designation, to the extent possible, is intended to prevent the unnecessary loss of those currently open lands and those which contain prime agricultural soils as outlined in the ; Town of Southold code, Section 100-30 and WHEREAS , the Grantor granted a Conservation Easement on the Property to Peconic Land Trust on May 15, 2006 so that an 8-acre portion of the Property shall remain in its open, undeveloped state and be available for open space; and WHEREAS , the Property is immediately to the east of approximately 22 acres of agricultural land protected by a sale of development rights to the Town of Southold; and Southold Town Meeting Agenda - February 27, 2007 Page 12 WHEREAS , the Property has a total of 290 feet of road frontage on Middle Road (CR 48) which offers the public significant, scenic vistas from a public highway of the subject property; and WHEREAS , the Property is within the Special Groundwater Protection Area established by Suffolk County, is located near a central dome of the sole source aquifer for the North Fork, and its conservation is important for the protection of the sole source aquifer which is the primary source of drinking water to the Town of Southold; and WHEREAS , it is the policy of the Town of Southold, as articulated in the Town’s Master Plan of 1973, amended in 1986 and 1989 as adapted by the Town Board, Town of Southold code, Section 272-a of the Town Law, to protect environmentally sensitive areas, preserve prime agricultural soils, to protect the scenic, open space character of the Town and to protect the Town’s resort and agricultural economy; and NOW, THEREFORE, BE IT RESOLVEDthat the , that the Town of Southold finds Conservation Easement conveyed by the Grantor to the Peconic Land Trust, Inc. is consistent with the Town’s public policy of preserving open space and scenic vistas and that said conveyance will yield a significant public benefit ; and BE IT FURTHER RESOLVED , that the Town Clerk will forward a copy of this resolution to Abigail A. Wickham, 13015 Main Road, PO Box 1424, Mattituck, NY 11952 and to the Peconic Land Trust, Inc. at P.O. Box 1776, Southampton, New York 11969. Vote Record - Resolution RES-2007-261 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-262 Southold Town Meeting Agenda - February 27, 2007 Page 13 CATEGORY: Budget Modification DEPARTMENT: Town Clerk Budget Mod 2007 Highway RESOLVED modifies the 2007 Highway that the Town Board of the Town of Southoldhereby Fund Part Town budget as follows: From: DB.5142.4.100.935 Snow Removal Contractual Expense Supplies & Materials Rock Salt $ 4,468.52 To: DB.5142.4.100.525 Snow Removal Contractual Expense Supplies & Materials Snow Fence $ 1,594.52 DB.5142.4.100.975 Snow Removal Contractual Expense Supplies & Materials Plow Blades, Shoes, Wheels $ 2,874.00 Vote Record - Resolution RES-2007-262 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-263 CATEGORY: Budget Modification DEPARTMENT: Town Clerk 2006 Highway Budget Mod RESOLVED modifies the 2006 Highway that the Town Board of the Town of Southoldhereby Fund Part Town budget as follows: From: DB.5142.1.100.200 Snow Removal Personal Services Full Time Employees Southold Town Meeting Agenda - February 27, 2007 Page 14 Overtime Earnings $ 49,290.00 To: DB.5140.4.400.100 Brush & Weeds/Miscellaneous Contractual Expense Contracted Services Cleanup Week Debris Disp $ 49,290.00 Vote Record - Resolution RES-2007-263 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-264 CATEGORY: Budget Modification DEPARTMENT: Town Clerk Highway Dept. 2007 Budget Mod. RESOLVED modifies the 2007 Highway that the Town Board of the Town of Southoldhereby Fund Part Town budget as follows: From: DB.5110.4.100.900 General Repairs Contractual Expense Supplies & Materials Resurfacing Projects $ 29,695.84 To: DB.5130.2.300.100 Machinery Equipment & Capital Outlay Motor Vehicles Light Duty Vehicles $ 29,695.84 Vote Record - Resolution RES-2007-264 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-265 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Land Preservation Southold Town Meeting Agenda - February 27, 2007 Page 15 USDA-NRCS Amendment No. 3 RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute Amendment No. 3 to Contribution Agreement No. 73-2C31-5-836 between the USDA-Natural Resources Conservation Service and the Town of Southold in connection with an existing Cooperative Agreement between the United States of America Commodity Credit Corporation and the Town of Southold, dated June 22, 2005. The execution of this amendment will amend Attachment A of said Cooperative Agreement to remove the Deerkoski Farm as a pending offer and add the Macari Farm for the use of financial support available to the Town of Southold for the implementation of the Federal Farm and Ranch Lands Protection Program FY 2005, all in accordance with the approval of the Town Attorney. All other terms and conditions of the original agreement are to remain unchanged and in full force and effect. Vote Record - Resolution RES-2007-265 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-266 CATEGORY: Legislation DEPARTMENT: Town Clerk Request the Enactment of Assembly Bill 1077 Entitled “An ACT to Amend the Tax Law, In Relation to the Enforcement of the Tax on Real Estate Transfers In Towns In the Peconic Bay Region and Authorizing Said Towns to Enter Into Cooperative Agreements with the Department of Taxation and Finance for the Enforcement of Said Tax". WHEREAS , as a bill has been introduced in the State Assembly as 1077 and WHEREAS , the bill will allow cooperation between the New York State Department of Taxation and Finance and the five towns in the Peconic Bay Region to enforce the provisions of the 2% transfer tax on real estate transactions and will provide a mechanism to allow the towns and State to be better able to collect the tax; now, therefore, be it Southold Town Meeting Agenda - February 27, 2007 Page 16 RESOLVED , that pursuant to Article IX of the Constitution, the Town Board of the Town of Assembly Bill 1077An ACT to amend the Southold hereby requests the enactment of entitled “ tax law, in relation to the enforcement of the tax on real estate transfers in towns in the Peconic Bay region and authorizing said towns to enter into cooperative agreements with the department of taxation and finance for the enforcement of said tax ”. Vote Record - Resolution RES-2007-266 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-267 CATEGORY: Legislation DEPARTMENT: Town Clerk Request the Enactment of Assembly Bill 985 Entitled “AN ACT to Amend the Town Law, In Relation to Permitting Towns and Villages In the Peconic Bay Region to Assess Special Development Fees In Connection with the Issuance of Building Permits”. WHEREAS , a bill has been introduced in the State Assembly as 985 and WHEREAS , the legislation would permit towns and villages within the Peconic Bay region to impose special development or impact fees on building permits for new construction or the substantial improvement of existing constriction for the purposed of: (a) community facilities, (b) traffic mitigation, and (c) school facilities; therefore be it RESOLVED , that pursuant to Article IX of the Constitution, the Town Board of the Town of of Assembly Bill 985 entitled “AN ACT to amend the Southold hereby requests the enactment town law, in relation to permitting towns and villages in the Peconic Bay region to assess special development fees in connection with the issuance of building permits”. Southold Town Meeting Agenda - February 27, 2007 Page 17 Vote Record - Resolution RES-2007-267 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-268 CATEGORY: Budget Modification DEPARTMENT: Data Processing Data Processing Budget Modification RESOLVEDmodifies the 2007 that the Town Board of the Town of Southold hereby General Fund Whole Town budget as follows: From: A.1680.4.100.200 Data Processing, C.E. PC Parts and Supplies $ 2,500.00 To : A.1680.2.400.450 Data Processing, Equipment Workstation/Server Periph $ 2,500.00 Vote Record - Resolution RES-2007-268 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-269 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute an Agreement with the County of Suffolk for the 2007 STOP-DWI Program RESOLVED authorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an Agreement with the County of Suffolk for the 2007 STOP-DWI Program in an amount not to exceed $19,000.00, for the term January 1, 2007 through December 31, 2007, all in accordance with the approval of the Town Attorney. Southold Town Meeting Agenda - February 27, 2007 Page 18 Vote Record - Resolution RES-2007-269 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-270 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Recreation Hire Spring Instructors RESOLVEDauthorizes and directs Supervisor that the Town Board of the Town of Southold Scott A. Russell to execute an agreement with the following individuals for the spring 2007 recreation programs , all in accordance with the approval of the town attorney. Funding for the instructors listed below has been budgeted for in the recreation department's 2007 instructor line A7020.4.500.420. Constance Case (Quilting for Beginners)……………………. $25/hour Patrick Kaelin (Basic Home Repair)……………………………. $25/hour Vote Record - Resolution RES-2007-270 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-271 CATEGORY: Bid Acceptance DEPARTMENT: Town Clerk Accept the Bid of Stevens Ford Lincoln Mercury, of N. Patchogue, New York, for the Purchase of One (1) 2007 Ford Expedition XLT EL 4X4, In the Amount of $29,695.84 RESOLVED accepts the bid of Stevens that the Town Board of the Town of Southold hereby Ford Lincoln Mercury, of N. Patchogue, New York, for the purchase of one (1) 2007 Ford Expedition XLT EL 4x4, in the amount of $29,695.84, for use by the Southold Town . Highway Department and subject to the approval of the Town Attorney Southold Town Meeting Agenda - February 27, 2007 Page 19 Vote Record - Resolution RES-2007-271 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-272 CATEGORY: Bid Acceptance DEPARTMENT: Town Clerk Accept the Bid of LaCorte Farm & Lawn Equipment of Calverton, New York, for the Purchase of One (1) 2007 John Deere 5525 Tractor, with Enclosed Cab, Equipped with a Right-Side Arm Flail Mower, In the Amount of $52,100.00 RESOLVEDaccepts the bid of LaCorte that the Town Board of the Town of Southold hereby Farm & Lawn Equipment of Calverton, New York, for the purchase of one (1) 2007 John Deere 5525 Tractor, with enclosed cab, equipped with a right-side arm flail mower, in the amount of $52,100.00, for use by the Southold Town Highway Department and subject to the approval of the Town Attorney. Vote Record - Resolution RES-2007-272 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-273 CATEGORY: Bond DEPARTMENT: Town Clerk Tractor Bond for Highway BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED FEBRUARY 27, 2007, AUTHORIZING THE ACQUISITION OF A TRACTOR-MOWER FOR USE BY THE TOWN HIGHWAY DEPARTMENT AT THE ESTIMATED MAXIMUM COST OF $60,000; APPROPRIATING SAID AMOUNT THEREFOR AND AUTHORIZING THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT OF $60,000 TO FINANCE SUCH APPROPRIATION Southold Town Meeting Agenda - February 27, 2007 Page 20 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 acquire a tractor-mower for use by the Town Highway Department. The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $60,000 and said amount is hereby appropriated therefor. The plan of financing includes the issuance of bonds of the Town in the principal amount of $60,000 to finance said appropriation, and the levy and collection of taxes on 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 $60,000 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 (referred to herein as the “Law”), to finance said appropriation. The following additional matters are hereby determined and declared: (a) The period of probable usefulness applicable to the purpose for which said $60,000 serial bonds are authorized to be issued, within the limitations of Section 11.00 a. 28. of the Law, is fifteen (15) years; however, the bonds authorized pursuant to this resolution, and any bond anticipation notes issued in anticipation of the sale of said bonds, shall mature no later than five (5) years from the date of original issuance of said bonds or notes. (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, or for expenditures made on or prior to such date if a prior declaration of intent has been made. 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. (c) The proposed maturity of the bonds authorized by this resolution will not 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 the issuance 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 of 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 Southold Town Meeting Agenda - February 27, 2007 Page 21 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: 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 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 such obligations are authorized in violation of the provisions of the constitution. This bond resolution shall take effect immediately, and the Town Clerk is hereby authorized and directed to publish a summary of this bond resolution, in substantially the form set forth in Exhibit A attached hereto and made a part hereof, together with a Notice attached in substantially the form prescribed by Section 81.00 of the Law in “THE SUFFOLK TIMES,” a newspaper published in Southold, New York, having a general circulation in the Town and hereby designated the official newspaper of said Town for such publication. ******** Exhibit A BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED FEBRUARY 27, 2007, AUTHORIZING THE ACQUISITION OF A TRACTOR-MOWER FOR USE BY THE TOWN HIGHWAY DEPARTMENT AT THE ESTIMATED MAXIMUM COST OF $60,000; APPROPRIATING SAID AMOUNT THEREFOR AND AUTHORIZING THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT OF $60,000 TO FINANCE SUCH APPROPRIATION The object or purpose for which the bonds are authorized is to acquire a tractor-mower for use by the Town Highway Department. The period of usefulness is fifteen (15) years; however, the bonds authorized pursuant to this resolution, and any bond anticipation notes issued in anticipation of the sale of said bonds, shall mature no later than five (5) years from the date of original issuance of said bonds or notes. The amount of obligations to be issued is $60,000. Southold Town Meeting Agenda - February 27, 2007 Page 22 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, Town Hall, 53095 Main Road, Southold, New York. The bond resolution is dated February 27, 2007. Vote Record - Resolution RES-2007-273 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-274 CATEGORY: Bond DEPARTMENT: Town Clerk Drain Cleaner Bond BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED FEBRUARY 27, 2007, AUTHORIZING THE ACQUISITION OF AN AIR VACUUM DRAIN CLEANER, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $278,000, APPROPRIATING SAID AMOUNT THEREFOR, INCLUDING THE EXPENDITURE OF GRANT FUNDS EXPECTED TO BE RECEIVED TO PAY A PART OF SAID APPROPRIATION; AND AUTHORIZING THE ISSUANCE OF $278,000 BONDS TO FINANCE THE BALANCE OF 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: Section 1. The Town of Southold, in the County of Suffolk, New York (herein called the “Town”), is hereby authorized to acquire an air vacuum drain cleaner for use by the Town Highway Department. The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $278,000 and said amount is hereby appropriated therefor. The plan of financing includes the issuance of $278,000 serial bonds of the Town to finance said appropriation, and the levy and collection of taxes on 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. Any funds received from the United States of America, the State of New York and/or any other source are authorized to be applied towards the cost of said object or purpose or redemption of the Town’s bonds or notes issued therefor, or to be budgeted as an offset to the taxes for the payment of the principal of and interest on said bonds or notes. Southold Town Meeting Agenda - February 27, 2007 Page 23 Section 2. Serial bonds of the Town in the principal amount of $278,000 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 finance said appropriation. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness applicable to the purpose for which said serial bonds are authorized to be issued, within the limitations of Section 11.00 a. 28 of the Law, is fifteen (15) years; however, the bonds authorized pursuant to this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds, shall mature no later than five (5) years from the date of original issuance of said bonds or notes. (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, or for such expenditures made on or before such effective date if the Town Board has made a prior declaration of intent to issue indebtedness therefor. 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. (c) The proposed maturity of the bonds authorized by this resolution will not exceed five (5) years. Section 4. 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. Section 5. 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 and 168.00 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, and as to executing credit enhancement agreements, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. 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 - February 27, 2007 Page 24 (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) 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) such obligations are authorized in violation of the provisions of the constitution. Section 7. This bond resolution shall take effect immediately, and the Town Clerk is hereby authorized and directed to publish the foregoing resolution, in summary, in substantially the form set forth in Exhibit “A” attached hereto and made a part hereof, together with a Notice attached in substantially the form prescribed by Section 81.00 of the Law in the “THE SUFFOLK TIMES,” a newspaper having a general circulation in the Town and hereby designated the official newspaper of said Town for such publication. Vote Record - Resolution RES-2007-274 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-275 CATEGORY: Seqra DEPARTMENT: Town Attorney Authorizes Supervisor Scott A. Russell to Retain L.K. McLean Associates, P.C. to Complete a SEQR Review In Connection with the Local Law Entitled “A Local Law In Relation to Stormwater, Grading & Drainage Control” RESOLVEDauthorizes Supervisor that the Town Board of the Town of Southold hereby Scott A. Russell to retain L.K. McLean Associates, P.C. to complete a SEQR review in connection with the Local Law entitled “A Local Law in relation to Stormwater, Grading & Drainage Control” , pursuant to their Proposal dated February 26, 2007, at a cost not to exceed $375.00, subject to the approval of the Town Attorney. Southold Town Meeting Agenda - February 27, 2007 Page 25 Vote Record - Resolution RES-2007-275 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-276 CATEGORY: Seqra DEPARTMENT: Town Attorney SEQRA Drainage Code LL RESOLVED“A that the Town Board of the Town of Southold hereby finds that the proposed Local Law in relation to Stormwater, Grading & Drainage Control” is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action in accordance with the recommendation of L.K. McLean Associates, P.C. dated February 26, 2007 and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith. Vote Record - Resolution RES-2007-276 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-277 CATEGORY: Bid Acceptance DEPARTMENT: Town Clerk Accept Bids for Used Highway Equipment RESOLVEDaccepts the following bids that the Town Board of the Town of Southold hereby for Miscellaneous Surplus Used Highway Equipment: HWY REAL ASSET # # SALE PG 2 BIDDER NAME PAGE 1 AWARD CODE Southold Town Meeting Agenda - February 27, 2007 Page 26 2 93 $1,111.00 O FRANK LOCROTONDO 5 94 $1,150.00 Q D & D USED TRUCKS 15 97 $1,026.00 M DONALD GRIM 34 174 $1,378.13 D B.P. WRECKERS 63 194 $151.00 Q D & D USED TRUCKS 103 75 $1,222.00 N INTERNATIONAL TRANSPORTATION 106 76 $2,100.21 G MICHAEL MUJSCE INC. 115 154 $1,850.50 G MICHAEL MUJSCE INC. 132 127 $1,111.00 N INTERNATIONAL TRANSPORTATION 133 163 $1,850.01 G MICHAEL MUJSCE INC. 143 102 $573.13 D B.P. WRECKERS 155 $1,253.00 Q D & D USED TRUCKS 156 757 $327.00 C THOMAS WOWAK 164 1317 $1,111.00 N INTERNATIONAL TRANSPORTATION 165 1318 $888.00 N INTERNATIONAL TRANSPORTATION 166 1319 $1,111.00 N INTERNATIONAL TRANSPORTATION 169 1346 $556.00 N INTERNATIONAL TRANSPORTATION 170 1343 $444.00 N INTERNATIONAL TRANSPORTATION 171 1345 $527.77 B BERNARD HEINISCH 175 1699 $999.00 N INTERNATIONAL TRANSPORTATION 178 1718 $1,111.00 N INTERNATIONAL TRANSPORTATION 179 1719 $1,111.00 N INTERNATIONAL TRANSPORTATION 180 1730 $351.00 H BRIAN KING 184 $655.00 N INTERNATIONAL TRANSPORTATION 192 2048 $988.00 N INTERNATIONAL TRANSPORTATION 196 2050 $888.00 N INTERNATIONAL TRANSPORTATION 199 2109 $503.00 Q D & D USED TRUCKS 201 2098 $366.00 N INTERNATIONAL TRANSPORTATION $26,712.75 Vote Record - Resolution RES-2007-277 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-278 CATEGORY: Budget Modification DEPARTMENT: Town Clerk 2007 Highway Fund Part Town Budget Modification Southold Town Meeting Agenda - February 27, 2007 Page 27 RESOLVED modifies the 2007 Highway that the Town Board of the Town of Southoldhereby Fund Part Town budget as follows: From: DB.5110.4.100.920 General Repairs Contractual Expense Supplies & Materials Sand $ 1,043.80 To: DB.5142.4.100.920 Snow Removal Contractual Expense Supplies & Materials Sand $ 1,043.80 Vote Record - Resolution RES-2007-278 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-279 CATEGORY: Budget Modification DEPARTMENT: Town Clerk Budget Modification 2006 General Fund Whole Town DPW RESOLVEDGeneral Fund that the Town Board of the Town of Southold hereby modifies the Whole Town 2006 budget as follows: To: Appropriations A.1490.1.100.100 Public Works Admin., P.S. F-T Regular Earnings 245.00 A.1490.4.100.100 Public Works Admin., C.E Office Supplies/Stationary 36.00 A.1620.4.100.200 Buildings & Grounds, C.E. Gasoline & Oil 6,185.00 A.1620.4.200.100 Buildings & Grounds, C.E. Telephone 6,307.00 A.1620.4.200.200 Buildings & Grounds, C.E. Light & Power 2,036.00 A.1620.4.200.400 Buildings & Grounds, C.E. Southold Town Meeting Agenda - February 27, 2007 Page 28 Water 101.00 A.1620.4.400.600 Buildings & Grounds, C.E. Equipment Maint/Repair 2,589.00 A.1620.4.400.700 Buildings & Grounds, C.E. Building Rentals 4,366.00 A.1620.4.600.100 Buildings & Grounds, C.E. Property Taxes 1,882.00 A.1620.4.600.200 Buildings & Grounds, C.E. Refuse Disposal 12,171.00 A.3310.4.100.995 Traffic Control, C.E. Signs & Sign Parts 703.00 A.3310.4.200.200 Traffic Control, C.E. Light & Power 1,153.00 A.3310.4.400.600 Traffic Control, C.E. Signal Maintenance & Repair 7,805.00 A.5650.4.100.100 Off Street Parking, C.E. Miscellaneous Supplies 79.00 A.8660.1.100.100 Community Development, P.S. Regular Earnings 1,482.00 A.8660.1.100.300 Community Development, P.S. Vacation Earnings 2,162.00 A.8660.4.600.300 Community Development Travel Reimbursement 133.00 From: Appropriations A.1490.1.100.200 Public Works Admin., P.S. Overtime Earnings 3,000.00 A.1490.1.100.300 Public Works Admin., P.S. Vacation Earnings 31,120.44 A.1620.1.100.200 Buildings & Grounds, P.S. Overtime Earnings 231.88 A.1620.1.200.100 Buildings & Grounds, P.S. P-T Regular Earnings 530.46 A.1620.2.500.400 Buildings & Grounds Equip. Park Improvements 85.53 A.1620.4.100.100 Buildings & Grounds, C.E. Miscellaneous Supplies 1,204.62 A.1620.4.100.250 Buildings & Grounds, C.E. Heating Fuel 892.96 A.1620.4.100.500 Buildings & Grounds, C.E. Motor Vehicle Parts/Supplies 740.03 Southold Town Meeting Agenda - February 27, 2007 Page 29 A.1620.4.100.550 Buildings & Grounds, C.E. Equipment Parts/Supplies 117.97 A.1620.4.100.650 Buildings & Grounds, C.E. Vehicle Maint & Repairs 232.95 A.1620.4.200.300 Buildings & Grounds, C.E. Gas 763.58 A.3310.4.100.400 Traffic Control, C.E. Small Tools, Implements 150.00 A.5182.4.100.200 Street Lighting, C.E. Gasoline & Oil 240.24 A.5182.4.200.250 Street Lighting, C.E. Street Lighting Power 85.15 A.5182.4.400.700 Street Lighting, C.E. Pole Rental 101.90 A.5650.4.100.905 Off Street Parking, C.E. Asphalt 2,548.32 A.5650.4.400.700 Off Street Parking, C.E. Property Leases 3,794.40 A.8660.1.100.200 Community Development, P.S. Overtime Earnings 2,594.81 A.8660.4.100.100 Community Development, C.E. Office Supplies/Stationary 106.04 A.8660.4.100.600 Community Development, C.E. Supplies & Materials 456.82 A.8660.4.200.100 Community Development, C.E. Cellular Telephone Service 336.90 A.8660.4.400.800 Community Development, C.E. Film & Film Developing 100.00 Vote Record - Resolution RES-2007-279 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-280 CATEGORY: Grants DEPARTMENT: Land Preservation USDA-NRCS Amendment to Contract Re: Macari Southold Town Meeting Agenda - February 27, 2007 Page 30 RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute Amendment No. 1 to Contribution Agreement No. 73-2C31-5-846 between the USDA-Natural Resources Conservation Service (NRCS) and the Town of Webster in connection with an existing Cooperative Agreement. The execution of this amendment will amend Attachment A of said Cooperative Agreement to add the Town of Southold as a new grantee, moving $318,000 in grant funds awarded to the Town of Webster and apply them to the Town of Southold for the pending Macari Farm project, all in accordance with the Town Attorney. With the signing of this amendment, the Town of Webster will be removed from all responsibilities under this Cooperative Agreement. All other terms and conditions of the original agreement are to remain unchanged and in full force and effect. Vote Record - Resolution RES-2007-280 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-281 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Salary Increase FI Ferry District Marine Mechanic, John Paradise RESOLVEDincreases the salary of that the Town Board of the Town of Southold hereby Fishers Island Ferry District Marine Mechanic, John Paradise by 5% , effective March 1, 2007. Vote Record - Resolution RES-2007-281 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-282 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Southold Town Meeting Agenda - February 27, 2007 Page 31 Salary Increase FIFD Manager Thomas Doherty RESOLVED increases the salary of that the Town Board of the Town of Southold hereby Thomas Doherty, Manager of the Fishers Island Ferry District , effective March 1, 2007, at a rate of 5% per annum. Vote Record - Resolution RES-2007-282 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-283 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification -- Town Board RESOLVEDmodifies the 2006 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: To: A.1010.4.500.300 Town Board, C.E. Environmental Consultant $11,050.00 From: A.9015.8.000.000 NYS Retirement Police & Fire Retirement $11,050.00 Vote Record - Resolution RES-2007-283 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-284 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Clerk Set a PH for a Local Law In Relation to Amendments to the Merger Law for 3/27/07 At 4:45 PM Southold Town Meeting Agenda - February 27, 2007 Page 32 WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk “A Local Law in County, New York, on the 27th day of February, 2007, a Local Law entitled relation to Amendments to the Merger Law” now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 27thday of March, 2007 at 4:45 p.m. at which time all interested persons will be given an opportunity to be heard. “A Local Law in relation to Amendments to the Merger The proposed Local Law entitled, Law” reads as follows: LOCAL LAW NO. 2007 “A Local Law in relation to Amendments to the Merger Law” A Local Law entitled, . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose – The Town Board has received substantial public comment to the effect that the Town of Southold merger law, as currently constituted, unfairly subjects surviving spouses and other joint owners of property to the loss of the single and separate status of their adjoining properties merely by the death of one such joint owner. Insamuch as the Town Board believes this result is unjust and not the intended consequence of the merger law, it believes it necessary to provide for a limited exception to the merger of such properties. II. Chapter 280 of the Town Code of the Town of Southold is hereby amended as follows: § 280-10. Merger. A. Merger. A nonconforming lot shall merge with an adjacent conforming or nonconforming lot which has been held in common ownership with the first lot at any time after July 1, 1983. An adjacent lot is one which abuts with the parcel for a common course of 50 feet or more in distance. Nonconforming lots shall merge until the total lot size conforms to the current bulk schedule requirements. B. Definitions. "Common ownership" shall mean that the parcel is held by the same person in Southold Town Meeting Agenda - February 27, 2007 Page 33 the same percentage of ownership as an adjoining parcel. C. Exceptions. Lots which are recognized under § 280-9 and meet any of the following categories shall be exempt from the merger provision set forth above and shall not be deemed merged by operation of this chapter: (1) The nonconforming lot has a minimum size of 40,000 square feet, or (2) The nonconforming lot obtained a lot size variance from the Zoning Board, or (3) If the lot is not on the maps described in former § 100-12, Editor's Note: Former § 100-12, Exceptions, was repealed 11-28-1995 by L.L. No. 23-1995, effective January 1, 1996. the nonconforming lot has been held in single and separate ownership from July 1, 1983 to date, or (4) If the lot is on the maps described in former § 100-12, the nonconforming lot has been [Amended 3-4- held in single and separate ownership from January 1, 1997, to date, 1997 by L.L. No. 4-1997] or. (5) Each lot is currently developed with a one-family dwelling with a minimum 850 square feet which falls within the existing lot lines and which has a certificate of [Added 3-4-1997 by L.L. No. 4-1997] occupancy or would qualify for one, or. (6) The lots would be considered merged merely by operation of law as a result of the death of a co-owner of one or more of the adjoining lots, the lots are greater than 20,000 square feet, and the lots remain in the ownership of the surviving co-owner. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Southold Town Meeting Agenda - February 27, 2007 Page 34 Vote Record - Resolution RES-2007-284 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-285 CATEGORY: Legislation DEPARTMENT: Town Attorney Authorizes and Directs the Town Clerk to Transmit the Proposed Local Law Entitled “A Local Law In Relation to Amendments to Merger Law” to the Southold Town Planning Board and the Suffolk County Department of Planning for Their Recommendations and Reports. RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to transmit the proposed Local Law entitled “A Local Law in relation to Amendments to Merger Law” to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations and reports . Vote Record - Resolution RES-2007-285 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-286 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Clerk Set PH LL Buildable Lot Coverage 3/27/07 At 4:50 PM WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk “A Local Law in County, New York, on the 27th day of February, 2007 a Local Law entitled relation to Amendments to the Calculation of Lot Coverage of Buildable Land ” now, therefore, be it Southold Town Meeting Agenda - February 27, 2007 Page 35 RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the th 27 day of March, 2007 at 4:50 p.m. at which time all interested persons will be given an opportunity to be heard. “A Local Law in relation to the Calculation of Lot The proposed Local Law entitled, Coverage of Buildable Land” reads as follows: LOCAL LAW NO. 2007 “A Local Law in relation to the Calculation of Lot Coverage of A Local Law entitled, Buildable Land” . BE IT ENACTED by the Town Board of the Town of Southold as follows: V. Purpose – In order to provide for the health, safety and welfare for the citizens of the Town of Southold, the Town Board finds it expedient to amend the Town Code so that the calculation of permissible lot coverage on an individual parcel shall first exclude lands that have . been deemed unbuildable by our local laws from an environmental perspective VI. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: § 280-4. Definitions. LOT COVERAGE – That percentage of the buildable lands existing on a lot area which is covered by the building area. BUILDABLE LANDS – The area of a lot or parcel, not including the square footage of tidal and freshwater wetlands, land seaward of the coastal erosion hazard area line, beaches, bluffs, primary dunes, secondary dunes, or underwater lands. The terms “wetlands,” beaches,” “bluffs,” and “underwater lands” shall have the meanings set forth in Chapter 275, Wetlands and Shoreline, of the Town Code. The terms “coastal erosion hazard area line,” “primary dunes” and “secondary dunes” shall have the meanings set forth in Chapter 111, Coastal Erosion Hazard Area, of the Town Code. BUILDABLE LAND – The net area of a lot or parcel after deducting wetlands, streams, ponds, slopes over 15%, underwater land, easements or other restrictions preventing use of such land for construction of buildings or development. Southold Town Meeting Agenda - February 27, 2007 Page 36 VII. 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. APPLICABILITY AND EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Vote Record - Resolution RES-2007-286 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-287 CATEGORY: Planning DEPARTMENT: Town Clerk Direct the Town Clerk to Forward the Change of Zone Application of Mims Holding, LLC to the Southold Town Planning Board and Suffolk County Planning Commission for Comments and Recommendations RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to forward the change of zone application of Mims Holding, LLC to the Southold Town Planning Board and Suffolk County Planning Commission for comments and recommendations. Vote Record - Resolution RES-2007-287 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-288 CATEGORY: Committee Appointment Southold Town Meeting Agenda - February 27, 2007 Page 37 DEPARTMENT: Town Clerk LWRP Coordinating Council Appointments RESOLVEDappoints the LWRP that the Town Board of the Town of Southold hereby Coordinating Council, pursuant to Section 268-4B of the Southold Town Code as follows: John Sepenoski, Chairman Scott Russell, Supervisory Thomas Wickham, Town Board Albert Krupski, Town Board Jerilyn Woodhouse, Planning Board Chairperson Ruth Oliva, Zoning Board of Appeals James King, President of the Board of Trustees Peg Dickerson, Trustee Heather Cusack, Environmental Technician Mark Terry, Acting Planning Director James Richter, Engineering Inspector James McMahon, Director of Public Works Peter Harris, Superintendent of Highways Captain Martin Flatley, Police Department Jack McGreevy, Conservation Advisory Council Vote Record - Resolution RES-2007-288 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-289 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Appointment to Board of Ethics RESOLVEDappoints Robert R. Meguin that the Town Board of the Town of Southold hereby as a member of the Southold Town Board of Ethics to fill a vacancy created by a resignation from this board, for a term of office to expire on March 31, 2012 effective immediately, to serve in this position without compensation. Southold Town Meeting Agenda - February 27, 2007 Page 38 Vote Record - Resolution RES-2007-289 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-290 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Appointment to Land Preservation Committee RESOLVEDappoints Monica Harbes as that the Town Board of the Town of Southold hereby a member of the Southold Town Land Preservation Committee to fill a vacancy on this committee, for a term of office to expire on March 31, 2008, effective immediately, to serve in this position without compensation. Vote Record - Resolution RES-2007-290 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-291 CATEGORY: Planning DEPARTMENT: Town Clerk Transmit Buildable Lot LL to SC & ST Planning RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to forward the proposed Local Law in relation to lot coverage of buildable area, to the Southold Town Planning Board and the Suffolk County Planning Commission for comments and recommendations. Southold Town Meeting Agenda - February 27, 2007 Page 39 Vote Record - Resolution RES-2007-291 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-292 CATEGORY: Bond DEPARTMENT: Town Clerk Excavator Bond BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED FEBRUARY 27, 2007, AUTHORIZING THE EXCAVATOR ACQUISITION OF AN FOR USE BY THE TOWN HIGHWAY DEPARTMENT AT THE ESTIMATED MAXIMUM COST OF $100,000; APPROPRIATING SAID AMOUNT THEREFOR AND AUTHORIZING THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT OF $100,000 TO FINANCE SUCH 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 acquire an excavator for use by the Town Highway Department. The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $100,000 and said amount is hereby appropriated therefor. The plan of financing includes the issuance of bonds of the Town in the principal amount of $100,000 to finance said appropriation, and the levy and collection of taxes on 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 $100,000 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 (referred to herein as the “Law”), to finance said appropriation. The following additional matters are hereby determined and declared: (a) The period of probable usefulness applicable to the purpose for which said $100,000 serial bonds are authorized to be issued, within the limitations of Section 11.00 a. 28. of the Law, is fifteen (15) years; however, the bonds authorized pursuant to this resolution, and any bond anticipation notes issued in anticipation of the sale of said bonds, shall mature no later than five (5) years from the date of original issuance of said bonds or notes. Southold Town Meeting Agenda - February 27, 2007 Page 40 (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, or for expenditures made on or prior to such date if a prior declaration of intent has been made. 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. (c) The proposed maturity of the bonds authorized by this resolution will not 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 the issuance 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 of 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: 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 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 such obligations are authorized in violation of the provisions of the constitution. This bond resolution shall take effect immediately, and the Town Clerk is hereby authorized and directed to publish a summary of this bond resolution, in substantially the form set forth in Exhibit “A” attached hereto and made a part hereof, together with a Notice attached in substantially the form prescribed by Section 81.00 of the Law in “THE SUFFOLK TIMES,” a newspaper published in Southold, New York, having a general circulation in the Town and hereby designated the official newspaper of said Town for such publication. Southold Town Meeting Agenda - February 27, 2007 Page 41 Exhibit “A” BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED FEBRUARY 27, 2007, AUTHORIZING THE ACQUISITION OF AN EXCAVATOR FOR USE BY THE TOWN HIGHWAY DEPARTMENT AT THE ESTIMATED MAXIMUM COST OF $100,000; APPROPRIATING SAID AMOUNT THEREFOR AND AUTHORIZING THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT OF $100,000 TO FINANCE SUCH APPROPRIATION. The object or purpose for which the bonds are authorized is to acquire an excavator for use by the Highway Department. The period of usefulness is fifteen (15) years; however, the bonds authorized pursuant to this resolution, and any bond anticipation notes issued in anticipation of the sale of said bonds, shall mature no later than five (5) years from the date of original issuance of said bonds or notes. The amount of obligations to be issued is $100,000. 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, Town Hall, 53095 Main Road, Southold, New York. The bond resolution was adopted on July 13, 2006. Vote Record - Resolution RES-2007-292 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-293 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk A Local Law In Relation to Stormwater, Grading and Drainage Control WHEREAS, there had been presented to the Town Board of the Town of Southold, Suffolk County, New “A Local Law in relation to Stormwater, York, on the 30th day of January, 2007 a Local Law entitled Grading and Drainage Control” and Southold Town Meeting Agenda - February 27, 2007 Page 42 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, therefore be it RESOLVEDENACTS that the Town Board of the Town of Southold hereby the proposed Local Law “A Local Law in relation to Stormwater, Grading and Drainage Control” entitled, which reads as follows: LOCAL LAW NO. 2007 “A Local Law in relation to Stormwater, Grading and Drainage Control” A Local Law entitled, . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. A new Chapter 236 of the Code of the Town of Southold is hereby adopted as follows: § 236-1. Title. This local law shall be known as the “Stormwater, Grading and Drainage Control law”. § 236-2.Statutory Authorization. This local law is enacted pursuant to Section 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through land use regulations intended to control flooding, erosion or sedimentation within the entire Town. The variance provision of this local law shall supersede any inconsistent portions of the Town Law Section 267-a and govern the subject of variances in this local law. § 236-3.Purpose. It is the purpose of this local law to promote and protect, to the greatest extent practicable, the public health, safety and general welfare by: (a) Minimizing soil erosion, sedimentation and stormwater runoff; (b) Controlling, restricting or prohibiting activities which alter natural drainage systems, floodplains, stream channels and natural protective features, including wetlands, which contribute to the accommodation of flood waters and retention of sediment; (c) Controlling, restricting or prohibiting land use activities which increase nonpoint source pollution due to stormwater runoff, and/or which result in discharge onto public lands, neighboring properties or natural protective features; and (d) Assuring that land and water uses in the Town are designed and/or conducted using best management practices to control flooding, stormwater runoff and discharge onto public lands, neighboring properties or natural protective features. (e) Promoting the recharge of stormwater into the fresh water aquifer to protect the Southold Town Meeting Agenda - February 27, 2007 Page 43 drinking water supply and minimize salt water intrusion. § 236-4.Definitions. As used in this chapter, the following terms shall have the meanings indicated: AGRICULTURE – The production, keeping or maintenance, for sale, lease or personal use, of all plants and animals useful to man, including but not limited to, forages and sod crops; grains and seed crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats or any mutation of hybrids thereof, including the breeding and grazing of any or all of such animals; bees and apiary products; fur animals; fruits of all kinds, including grapes, nuts and berries, vegetables; floral, ornamental and greenhouse products; or lands devoted to a soil conservation or forestry management program. BEST MANAGEMENT PRACTICE - Procedures and methods pertaining to construction activities which are intended to prevent stormwater runoff, retain valuable topsoil and minimize water pollution. BUILDING INSPECTOR - The persons(s) appointed by the Town Board to enforce the provisions of Southold Code Chapter 280 and this chapter. CLEAN FILL – Naturally deposited earthen material from an approved upland borrow source. CONSTRUCTION - The siting, building, erection, extension, or material alteration of any structure the use of which requires permanent or temporary location on the ground, as well as the installation of any hardened surfaces at or below grade. DEVELOPMENT - Any man-made change to improved or unimproved real property including but not limited to any construction activities, the construction of buildings or other structures, creating access to and circulation within the site, clearing of vegetation, grading, providing utilities and other services, parking facilities, drainage systems, methods of sewage disposal and other services, and creating landforms. Development also includes significant alteration of natural resources in preparation for development, such as the dredging or filling of wetlands, ponds or other natural drainage areas. DISCHARGE – to emit, expel, pour, direct or otherwise cause the flow of liquid in a manner other than the natural course of that liquid which existed prior to the disturbance of the natural state of the land upon which it flowed, if any. DRAINAGE SYSTEMS - Includes gutters, swales, pipes, conduits and superstructures (e.g., drywells, sumps, berms, etc.) for the collection and conduction of stormwater to an adequate facility for its storage and disposal. Southold Town Meeting Agenda - February 27, 2007 Page 44 EROSION - The wearing away of land as a result of the action of natural forces or man- related activities. EROSION, SEDIMENTATION AND STORMWATER RUNOFF CONTROL PLAN - A drawing showing the proposed use of the site and the methods, techniques and improvements, both during and after construction, that will be employed to control erosion, sedimentation and stormwater runoff, which shall employ best management practices. Where the nature of the existing conditions and proposed activities warrant, the Building Inspector may require that such plan be prepared by a registered design professional licensed in the State of New York. EXCAVATION - The removal, addition, or alteration of soil, sand, or vegetation by digging, dredging, drilling, cutting, scooping, or hollowing out. FILLING - The deposition of natural or artificial material so as to modify the surface or subsurface conditions of upland or underwater land. GRADING - The excavation, filling or alteration of the surface or subsurface conditions of land, lakes, ponds, or watercourses. ILLICIT DISCHARGES - Illicit Discharges shall include but not be limited to discharge of solid waste; human and animal waste; antifreeze, oil, gasoline, grease and all other automotive products; flammable or explosive materials; metals in excess of naturally occurring amounts, whether in liquid or solid form; chemicals not normally found in uncontaminated water; solvents and degreasers; painting products; drain cleaners; commercial and household cleaning materials; pesticides; herbicides; fertilizers; acids; alkalis; ink; steam-cleaning waste; laundry waste; soap; detergent ammonia; chlorine; chlorinated swimming pool or hot tub water; domestic or sanitary sewage; roof structure runoff; animal carcasses; food and food waste; yard waste; dirt; sand; and gravel. IMPERVIOUS SURFACE – Any surface exposed to stormwater from which water runs off and cannot pass through, including but not limited to, structures, paving, paving blocks, bedding material, packed earth, treated surfaces, roof structures, patios, decking, stoops, porches, and accessory structures. MUNICIPAL PERMIT - Any permit, grant, approval, license, certificate or other authorization issued by the Town of Southold including but not limited to permits for building, grading, demolition, clearing and excavation and subdivision and site plan approvals. NATURAL DRAINAGE - The stormwater runoff patterns resulting from topographical and geological surface conditions, prior to clearing, regrading or construction. NATURAL WATERCOURSE – The route farmed by natural processes, topography and geology leading to a natural watershed. Southold Town Meeting Agenda - February 27, 2007 Page 45 NATURAL WATERSHED - An area of land which in its natural state and prior to any man-made change, and due to its topography and geology, drains to a particular location within that area. NATURAL PROTECTIVE FEATURE - A nearshore area, beach, bluff, dune or wetland and the vegetation thereon. ONE-HUNDRED YEAR FLOOD PLAIN - The land area subject to the highest level of flooding that, on the average, is likely to occur once every one hundred (100) years (i.e., that has a one-percent chance of occurring each year), as said level is shown on the Federal Emergency Management Agency Flood Insurance Rate Maps on file in the Southold Town Building Department. RESPONSIBLE PARTY – Owners and occupants of premises, applicants for municipal permits, and any other person or entity contributing to an act regulated by this local law. SEDIMENTATION - The processes that operate at or near the surface of the ground to deposit soils, debris and other materials either on other ground surfaces or in water channels. SITE PREPARATION - The activities of stripping, clearing, grubbing, excavating, filling, and grading to facilitate construction or other use of the land. STORMWATER RUNOFF - That part of precipitation that flows over the land surface. STRIPPING - The process of mechanically scraping away topsoil. STRUCTURE - Any object constructed, erected, installed or placed on land or in water, including buildings, sheds, mobile homes, tanks, bulkheads, piers and docks and any additions or alterations thereto. TOPSOIL – The uppermost layer of soil, usually the top 15-20 cm, it having the highest concentration of organic matter and microorganisms, and where most of the Earth’s biological soil activity occurs. Plants generally concentrate their roots in, and obtain most of their nutrients from this layer. Topsoil can be measured as the depth from the surface to the first densely packed soil layer known as hardpan. § 236-5. This local law shall apply to all property within the Town of Southold, and shall govern: A. All grading, drainage and erosion control, whether or not a permit is required; B. All new or replaced impervious surface and all land disturbing activities, whether or not a permit is required; Southold Town Meeting Agenda - February 27, 2007 Page 46 C. All discharges directly or indirectly to a highway or public right of way, public drainage control system, neighboring property, wetland or public waterway; and D. All new and existing land uses within the Town. § 236-6.Discharges. All discharges within the Town are subject to this subtitle unless explicitly exempted. Conduct exempted from this subtitle include activities necessary for the conduct of agricultural uses in connection with a bona fide agricultural operation. § 236-7. Prohibited Discharges. The following discharges are prohibited: A. Discharges to public highways and rights-of- way. B. Discharges to tidal and freshwater wetlands, bluffs, dunes, beaches and other natural protective features as defined in Chapter 275 of this Town Code. C. Discharges from private properties to adjoining properties, without express permission. D. Discharges to public drainage control systems and networks, without express permission. E. Discharges of illicit liquids to any of the areas listed above and any other area within the Town, except in accordance with facilities approved for the handling of such materials by the Town, County and/or State. § 236-8. Requirements for all Stormwater Discharges. For all stormwater discharges, responsible parties shall implement and maintain operational source controls to include but not be limited to: A. Installation of drainage control structures to contain and recharge all run-off generated by development. B. Maintaining private roads, streets, driveways, parking lots and walkways. C. Identifying and eliminating unauthorized connections to Town Drainage Control Systems and Public Right-of-Ways. D. Maintaining and protecting Natural Drainage patterns. E. Maintaining and protecting Natural Watersheds. § 236-9 . Requirements for all Land Disturbing Activities or Impervious Surfaces. All land disturbing activities or addition or replacement of impervious surfaces shall provide temporary and permanent construction controls, and shall be required to contain a 2” rain fall on site, even where a Drainage Control Permit is not required under this Southold Town Meeting Agenda - February 27, 2007 Page 47 Chapter. All applicants for municipal permits shall demonstrate to the satisfaction of the Building Inspector that the proposed activities can meet this standard, either by the installation of gutters, leaders, drywells or other measures, prior to the issuance of such a municipal permit. § 236-10. Activities Requiring a Drainage Control Permit. None of the following activities shall be undertaken until a Drainage Control Permit has been issued under the provisions of this local law. 1) Grading or stripping which affects more than five thousand (5,000) square feet of ground surface. 2) Excavation or filling involving more than two hundred (200) cubic yards of material within any parcel or any contiguous area. 3) Site preparation on slopes which exceed ten (10) feet of vertical rise to one hundred (100) feet of horizontal distance. 4) Site preparation within one hundred (100) feet of wetlands, beach, bluff or coastal erosion hazard area. 5) Site preparation within the one hundred (100) year floodplain of any watercourse. The following activities shall be exempted from such review: 1) Minor clearing or excavation work not incident to a substantial change in the existing use of the land, which may be reasonably expected not to contribute to any additional on-site generated runoff or degradation of any lands or water beyond the boundaries of the property involved. 2) Emergency repairs on public or private objects, necessary for the preservation of life, health or property, or taken to implement and accomplish the beneficial purpose of this local law as set forth herein under such circumstances where it would be impracticable to obtain approval prior to making such emergency repairs. Following such an emergency situation, however, any approvals required by this local law shall be obtained. 3) Routine maintenance or repair work on public or private roads or utility line rights-of-way where interim and permanent stormwater runoff control measures will be undertaken. To the maximum extent practicable, vegetation shall be used as a stabilizer and method of filtering and slowing stormwater flow from road surfaces. 4) Pervious structures, e.g., open decks, where the removal of topsoil allows for the recharge of groundwater. § 236-11. Compliance. Southold Town Meeting Agenda - February 27, 2007 Page 48 Where a Drainage Control Permit is required by this Local Law, all development, construction, excavation and landscaping activities shall be conducted in accordance with an approved Erosion, Sedimentation and Stormwater Runoff Control Plan, and all other requirements of this local law. § 236-12. Application Process. a) Any applicant for a municipal permit to conduct a development, construction or excavation activity within the Town of Southold shall complete a Stormwater Assessment Form to assist in determining compliance with this local law. Applicants that meet the threshold set forth above and require a Drainage Control Permit shall also submit an Erosion, Sedimentation and Stormwater Runoff Control Plan to the Building Inspector. b) Upon receipt by the Building Inspector of any application for a Drainage Control Permit to conduct any activity regulated by this law, the Building Inspector may refer the proposed Erosion, Sedimentation, and Stormwater Runoff Control Plan to the Town Engineering Department for comment and recommendation. No municipal permit that shall be issued for activities requiring a Drainage Control Permit, nor shall any application therefor be deemed complete, until the Building Inspector has first issued its approval of the Erosion, Sedimentation and Stormwater Runoff Control Plan. c) Such plan may contain the following elements, which may be integrated into a site plan or subdivision plat submitted for approval pursuant to applicable Town law: 1) A vicinity map drawn to a scale of not less than two thousand (2,000) feet to one (1) inch showing the relationship of the site to its general surroundings. 2) A plan of the site drawn to a scale of not less than one hundred (100) feet to the inch showing the location and description of property boundaries, site acreage, existing natural and man-made features on and within five hundred (500) feet of the site boundary, including roads, structures, water sources, drainage structures, utilities, topography including existing contours with intervals of not more than five (5) feet where the slope is ten percent or greater and not more than two (2) feet where the slope is less than ten percent, soil characteristics, location of wooded areas, the depth to seasonal high watertable and a copy of the Soil Conservation District soil survey where available. 3) Location and description of proposed changes to the site and existing development on the site, which includes: a) all excavation, filling, stripping and grading proposed to be undertaken, identified as to the depth, volume, and nature Southold Town Meeting Agenda - February 27, 2007 Page 49 of the materials involved; b) all areas requiring clearing, identified as to the nature of vegetation affected; c) all areas where topsoil is to be removed and stockpiled and where topsoil is to be ultimately placed; d) all temporary and permanent vegetation to be placed on the site, identified as to planting type, size, and extent; e) all temporary and permanent stormwater runoff control measures including soil stabilization techniques and stormwater drainage and storage systems including ponds, recharge and sediment basins (identified as to the type of facility, the materials from which it is constructed, its dimensions, and its capacity in cubic feet); f) the anticipated pattern of surface drainage during periods of peak runoff, upon completion of site preparation and construction activities, identified as to rate and direction of flow at all major points within the drainage system; g) the location of all roads, driveways, sidewalks, structures, utilities, and other improvements; and h) the final contours of the site at intervals of no greater than two (2) feet. 4) A schedule of the sequence of installation of planned soil erosion, sedimentation and stormwater runoff control measures as related to the progress of the project including anticipated starting and completion dates. § 236-13. Performance Standards for Approval of Erosion, Sedimentation and Stormwater Runoff Control Plans. a) The site erosion, sedimentation and stormwater runoff control measures shall be appropriate for existing topography, vegetation and other salient natural features of the site. The plan shall indicate that the development will preserve natural features, minimize grading and cut and fill operations, ensure conformity with natural topography, and retain natural vegetation and trees to the maximum extent practicable in order to create the least erosion potential and handle adequately the volume and rate or velocity, of surface water runoff. b) Site grading, excavation and filling shall minimize destruction of natural vegetation, the potential for erosion, sedimentation and stormwater runoff and the threat to the health, safety and welfare of neighboring property owners and the general public. c) Erosion, sedimentation and stormwater runoff shall be controlled prior to, during, and after site preparation and construction. During grading operations, appropriate measures for dust control shall be undertaken. Southold Town Meeting Agenda - February 27, 2007 Page 50 d) Areas exposed by site preparation shall be protected during site construction with hay bales, temporary vegetation and/or mulching to meet the requirements of the NYS DEC SPDES Program in effect. e) Natural drainage patterns shall be protected and incorporated into site design. Where natural drainage patterns are demonstrated to be adversely affecting a beach or wetland, drainage patterns may be altered in a manner which reduces the threat to such beach or wetland and does not create other flooding or erosion problems. f) Site preparation, including stripping of vegetative cover and grading, shall be undertaken so that no individual building site is stripped of its vegetation cover more than thirty (30) days prior to commencement of construction. Soils exposed or disturbed by site preparation shall remain so for the shortest practical period of time during site clearing, construction and restoration. g) Disturbed soils shall be stabilized and revegetated or seeded as soon as practicable. During the interim, erosion protection measures such as temporary vegetation, retention ponds, recharge basins, berming, silt traps and mulching shall be used to ensure that sedimentation is minimized and mitigated. h) In no case shall stormwater be diverted to another property either during site preparation or after development. In appropriate cases, with the approval of the Superintendent of Highways, drainage control measures may be implemented in the right of way attendant to an adjacent Town highway, at the applicant’s expense. i) During the construction period, disposal of stormwater runoff generated by development activity shall be handled on-site. Baling, mulching, debris basins, silt traps, use of fibrous cover materials or similar measures shall be used to contain soil erosion on the site. j) All projects, regardless of the area of groundwater removal and/or grading, shall retain a natural vegetative buffer zone along waterbodies, including wetlands and marshes, if one is imposed by the Board of Trustees. If necessary, other forms of erosion control measures will also be included. k) Natural land features such as shallow depressions shall be used, wherever possible, to collect stormwater on-site for recharge. l) Site designs shall minimize impermeable paving. m) Stormwater runoff shall not be directly discharged to surface waters, marshes and wetlands. Stormwater pollutants shall not be discharged directly into a wetland, but shall be attenuated by using holding ponds, sedimentation basins, perimeter berming, vegetated buffer areas and other measures that reduce flow velocity and increase storage time. Pollutants shall not be discharged into wetlands. In addition, any filtering devices constructed as part of the drainage system must be adequately maintained in order to function properly. n) All wetland vegetation shall be maintained. Dredging and site construction should not disturb wetlands either by direct removal of vegetation or Southold Town Meeting Agenda - February 27, 2007 Page 51 substrate, or by the alteration of adjacent slopes that would undermine the stability of the substrate unless permission is obtained from the Board of Trustees. Grading equipment shall not be allowed to enter into or cross any watercourse or wetland. o) Subsurface sediments shall be maintained to provide structural support for the soils of the wetlands. p) The elevation of a wetland shall not be altered. q) No vegetation required by any agency as a buffer to a natural protective feature shall be disturbed by grading, erosion, sedimentation, or direct removal of vegetation. r) Fill shall not encroach on natural watercourses, constructed channels, wetlands, or floodway areas. All fill shall be compacted at a final angle of repose which provides stability for the material, minimizes erosion and prevents settlement. s) Trails and walking paths along waterbodies shall be sited and constructed so they are not a source of sediment subject to the approval of the Board of Trustees. t) The amount and velocity of runoff from a site after development shall approximate its predevelopment characteristics. However, if the site is adjacent to coastal waters, storm water shall be contained on-site, to the maximum extent practicable, to prevent direct discharge of runoff to coastal waters. u) Natural flood plains and major drainage swales shall not be altered or disturbed in a manner which decreases their ability to accommodate and channel stormwater runoff and flood waters. If no practicable alternative to the location of development, roadway, driveways, and similar surfaces within these areas exists, such facilities shall be sited and constructed to minimize and mitigate the amount and velocity of stormwater entering the channel, floodplain or swale and to approximate the original functions of the undisturbed condition. v) No land having a slope equal to or greater than twenty (20) percent shall be developed or disturbed except for conservation measures or measures intended to remove debris which inhibits the functioning of the swale, except accessways to shorelines approved by the Board of Trustees shall be permitted. Natural vegetation and topography shall be retained to stabilize soils and reduce the volume of stormwater overflow. w) On lands having slopes of less than twenty (20) percent, but composed of highly erodible soils, development proposals shall include consideration of the load-bearing capacity of the soils. Unless it can be demonstrated that the soils can be stabilized with a minimum of on-site disturbance and no adverse impacts to the stability of neighboring properties, the development proposal shall not be approved as submitted. x) All permanent (final) vegetation and mechanical erosion control measures called for in approved plans shall be installed within the time limits specified by the Building Inspector, and no later than the expiration of the Southold Town Meeting Agenda - February 27, 2007 Page 52 municipal permit issued therewith. § 236-14. Approved Plans. Plans approved by the Building Inspector in conjunction with the issuance of a Drainage Control Permit shall also be filed with the County Clerk indicating that such plans are binding as against future purchasers, granting the Town permission to enter the property for compliance enforcement purposes, and containing a summary of the plan’s requirements. § 236-15. Variances. A variance may be granted by the Zoning Board of Appeals of the Town of Southold upon receipt of an application from a property owner which demonstrates unnecessary hardship from the imposition of such regulations. § 236-16. Inspection, Restoration, Certificate of Occupancy and Fines. a) Inspection Inspection for soil erosion, sedimentation, and runoff control plan compliance shall be conducted by the Building Inspector to determine that the work has been completed in accordance with such plan. The plan may be modified by mutual agreement if, during or after installation, the Building Inspector deems that the installed measures are not adequate to meet the performance standards or if alternatives would better meet the Code requirements. If no agreement is reached, the Building Inspector may require the submission of a modified plan in order to maintain compliance with this local law. b) Restoration. Any clearing, excavation or development of land in violation of this local law shall be corrected forthwith after written notice by the Building Inspector. In the event that corrective action is not taken as directed within a reasonable time, the Town may, at its own expense, take corrective action to restore the property or initiate legal action to prevent unlawful or unauthorized activity. The cost of restoration shall become a lien upon the property upon which such unlawful activity occurred. c) Certificate of Occupancy. No certificate of occupancy shall be issued by the Building Inspector until all work required to be completed pursuant to the plan has been satisfactorily done. Southold Town Meeting Agenda - February 27, 2007 Page 53 d) Fines. Any responsible party undertaking clearing, excavation or development of land in violation of this local law, or falsifying information in connection with the requirements of this Local Law, upon conviction, shall be guilty of a misdemeanor, punishable by a fine of not less than five hundred dollars ($500) and not more than two thousand dollars ($2,000). Such person shall be deemed guilty of a separate offense for each day during which a violation of this local law is committed or continues. e) Enforcement. The Director of Code Enforcement and/or the Building Inspector are responsible for enforcement of the provisions of this Chapter, and have the authority to issue violations of this Chapter. The Town Attorney shall be responsible for prosecution of any such violations. In addition to the above-provided fines, the Town Board may authorize an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this Chapter. VIII. 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. III. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Vote Record - Resolution RES-2007-293 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-294 CATEGORY: Bond DEPARTMENT: Town Clerk Land Preservation Bond 2007 Southold Town Meeting Agenda - February 27, 2007 Page 54 BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED FEBRUARY 27, 2007, AUTHORIZING THE ACQUISITION OF INTERESTS OR RIGHTS IN REAL PROPERTY, DEVELOPMENT RIGHTS INCLUDING, BUT NOT LIMITED TO, IN OPEN AGRICULTURAL LANDS, WITHIN SAID TOWN, FOR THE PRESERVATION OF OPEN SPACES AND AREAS AND TO MAINTAIN AND ENHANCE THE CONSERVATION OF NATURAL RESOURCES, PROVIDED, HOWEVER, THAT NO SUCH INTERESTS OR RIGHTS IN REAL PROPERTY SHALL BE ACQUIRED UNTIL ALL RELEVANT PROVISIONS OF THE STATE ENVIRONMENTAL QUALITY REVIEW ACT HAVE BEEN COMPLIED WITH AND A FINAL DECLARATION AS TO ENVIRONMENTAL IMPACT HAS BEEN DULY DECLARED, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $22,500,000, APPROPRIATING SAID AMOUNT THEREFOR, AUTHORIZING THE ISSUANCE OF $22,500,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION AND STATING THAT LAND INSTALLMENT PURCHASE OBLIGATIONS ARE AUTHORIZED TO BE ISSUED PURSUANT TO THIS BOND RESOLUTION Recitals WHEREAS, pursuant to Section 247 of the General Municipal Law, constituting Chapter 24 of the Consolidated Laws of the State of New York (herein called “Section 247”), the Town of Southold, Suffolk County, New York (herein called “Town”), is authorized to acquire interests or rights in real property for the preservation of open spaces and areas as defined in Section 247; and WHEREAS, such acquisition of interests or rights in land situate throughout the Town for the preservation of open spaces and areas and maintaining and enhancing the conservation of natural resources, as defined in Section 247, must be found, determined and deemed to be necessary, in the public interest and a proper public purpose of the Town in accordance with the findings and determinations of the State Legislature as set forth in Section 247; and WHEREAS, in pursuance thereof, the Town desires to implement the land acquisition and financing program hereinafter set forth and to authorize the issuance of land installment purchase obligations for the purpose of financing the acquisition of such interests or rights in real property; Now, therefore 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 three- fifths of all the members of said Town Board) AS FOLLOWS: Southold Town Meeting Agenda - February 27, 2007 Page 55 Section 1. The Town is hereby authorized to acquire by purchase, gift, grant, bequest, devise, lease or otherwise, the fee or any lesser interest, development right, easement, covenant or other contractual right necessary to achieve the purposes of Section 247, in various parcels of real property, including, but not limited to, development rights in open agricultural lands, within the Town, for the preservation of open spaces and areas and to maintain and enhance the conservation of natural or scenic resources, after due notice and a public hearing, pursuant to the provisions of Section 247 and applicable provisions of the Town of Southold Code, including incidental costs incurred in relation thereto, such acquisition being hereby found, determined and deemed to be necessary and in the public interest and a proper public purpose of the Town in accordance with the findings and determinations set forth in Section 247; provided, however, that no such right, including the fee or any lesser interest, or development right, easement, covenant, or other contractual right in any piece or parcel of such lands shall be so acquired until all relevant provisions of the State Environmental Quality Review Act (herein called “SEQRA”), constituting Article 8 of the New York Environmental Conservation Law, have been complied with and a final declaration as to environmental impact has been duly declared by the entity duly authorized to make such determination and declaration. The estimated total cost of said class of objects or purposes, including preliminary costs and costs incidental thereto and the financing thereof, is $22,500,000, and said amount is hereby appropriated therefor. The plan of financing includes the expenditure of funds currently available or to become available in the Town of Southold Community Preservation Fund (“CPF”), the issuance of $22,500,000 serial bonds of the Town to finance said appropriation, and the levy and collection of taxes on 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. Any funds currently available or to become available in the CPF are hereby authorized to be expended to pay for all or part of the cost of the object or purpose for which said serial bonds are authorized or to pay principal and/or interest on any obligations issued pursuant to this bond resolution or any other bond resolutions adopted by the Town Board to finance the acquisition of open space or any other purposes authorized under Section 247, subject to the availability of such funds and only for such purposes authorized by applicable law. Section 2. Serial bonds of the Town in the principal amount of $22,500,000 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 finance said appropriation. Section 3. The following additional matters are hereby determined, stated and declared: (a) The period of probable usefulness of said class of objects or purposes, as described herein, for which the serial bonds authorized pursuant to this resolution are to be issued, within the limitations of Section 11.00 (a) 21. of the Law, is thirty (30) years. (b) All or a portion of the indebtedness to be contracted by the Town for the purpose of financing the acquisition of such interests or rights in real property may be issued in the form of a land installment purchase obligation or obligations pursuant to the provisions of Southold Town Meeting Agenda - February 27, 2007 Page 56 Section 29.10 of the Law; any portion of said estimated maximum cost that is not financed by the issuance of a land installment obligation or obligations may be financed through the issuance of such bonds or bond anticipation notes issued in anticipation of the sale of such bonds. (c) 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 or purposes 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. (d) The proposed maturity of said $22,500,000 serial bonds will exceed five (5) years. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds as well as any bond purchase obligation 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. Section 5. 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 the issuance of bonds with substantially level or declining annual debt service and of Section 30.00 relative to the authorization of the issuance of bond anticipation notes and of 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. Section 6. 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: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution 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) such obligations are authorized in violation of the provisions of the constitution. Southold Town Meeting Agenda - February 27, 2007 Page 57 Section 7. 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 SUFFOLK TIMES,” 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 February 27, 2007, 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 February 27, 2007, authorizing the acquisition of interests or rights in real property, including, but not limited to, development rights in open agricultural lands, within said Town, for the preservation of open spaces and areas and to maintain and enhance the conservation of natural resources, provided, however, that no such interests or rights in real property shall be acquired until all relevant provisions of the State Environmental Quality Review Act have been complied with and a final declaration as to environmental impact has been duly declared, stating the estimated maximum cost thereof is $22,500,000, appropriating said amount therefor, authorizing the issuance of $22,500,000 serial bonds of said Town to finance said appropriation and stating that land installment purchase obligations are authorized to be issued pursuant to this Bond Resolution,” an abstract of which bond resolution concisely stating the purpose and effect thereof, being as follows: FIRST: RECITING that pursuant to Section 247 of the New York General Municipal Law (“Section 247”), the Town of Southold (“Town”), is authorized to acquire interests or rights in real property for the preservation of open spaces and areas and maintaining and enhancing the conservation of natural or scenic resources, as defined therein; that such acquisition of interests or rights in real property throughout the Town must be found, determined and deemed to be necessary, in the public interest and a proper public purpose of the Town in accordance with the provisions of Section 247 and the Town desires to implement the land acquisition and financing program hereinafter set forth and to authorize the issuance of land installment purchase obligations for such purpose; SECOND: AUTHORIZING the Town to acquire by purchase, gift, grant, bequest, devise, lease or otherwise, the fee or any lesser interest, development right, easement, covenant or other contractual right necessary to achieve the purposes of Section 247, in various parcels of real property, including, but not limited to, development rights in open agricultural Southold Town Meeting Agenda - February 27, 2007 Page 58 lands, within the Town, for the preservation of open spaces and areas and to maintain and enhance the conservation of natural or scenic resources, after due notice and a public hearing, pursuant to the provisions of Section 247 and applicable provisions of the Town of Southold Code, including incidental costs incurred in relation thereto, such acquisition being hereby found, determined and deemed to be necessary and in the public interest and a proper public purpose of the Town in accordance with the findings and determinations set forth in Section 247; provided, however, that no such right, including the fee or any lesser interest, development right, easement, covenant, or other contractual right in any piece or parcel of such lands shall be so acquired until all relevant provisions of the State Environmental Quality Review Act (“SEQRA”), have been complied with and a final declaration as to environmental impact has been duly declared by the entity duly authorized to make such determination and declaration; STATING the estimated total cost thereof is $22,500,000; APPROPRIATING $22,500,000 to pay said cost; STATING the plan of financing includes the issuance of $22,500,000 serial bonds of the Town and the levy and collection of taxes upon all the taxable real property within the Town to pay the principal of said bonds and interest thereon; and STATING any funds currently available or to become available in the CPF are hereby authorized to be expended to pay for all or part of the cost of the object or purpose for which said serial bonds are authorized or to pay principal and/or interest on any obligations issued pursuant to this bond resolution or any other bond resolutions adopted by the Town Board to finance the acquisition of open space or any other purposes authorized under Section 247, subject to the availability of such funds and only for such purposes authorized by applicable law. THIRD: AUTHORIZING the issuance of $22,500,000 serial bonds of the Town pursuant to the Local Finance Law of the State of New York (the “Law”) to finance said appropriation; FOURTH: DETERMINING and STATING the period of probable usefulness applicable to the class of objects or purposes for which said bonds are authorized to be issued is thirty (30) years; that all or a portion of such bonds or any bond anticipation notes may be issued in the form of a land installment purchase obligation or obligations pursuant to Section 29.10 of the Law; the proceeds of the bonds may be used to reimburse the Town for expenditures made after the effective date hereof for the purpose for which said bonds are authorized; and the proposed maturity of said serial bonds will exceed five (5) years; FIFTH: 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; SIXTH: 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 SEVENTH: DETERMINING that the bond resolution is subject to a permissive referendum. Southold Town Meeting Agenda - February 27, 2007 Page 59 DATED: February 27, 2007 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 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 FEBRUARY 27, 2007, AUTHORIZING THE ACQUISITION OF INTERESTS OR RIGHTS IN REAL PROPERTY, INCLUDING, BUT NOT LIMITED TO, DEVELOPMENT RIGHTS IN OPEN AGRICULTURAL LANDS, WITHIN SAID TOWN, FOR THE PRESERVATION OF OPEN SPACES AND AREAS AND TO MAINTAIN AND ENHANCE THE CONSERVATION OF NATURAL RESOURCES, PROVIDED, HOWEVER, THAT NO SUCH INTERESTS OR RIGHTS IN REAL PROPERTY SHALL BE ACQUIRED UNTIL ALL RELEVANT PROVISIONS OF THE STATE ENVIRONMENTAL QUALITY REVIEW ACT HAVE BEEN COMPLIED WITH AND A FINAL DECLARATION AS TO ENVIRONMENTAL IMPACT HAS BEEN DULY DECLARED, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $22,500,000, APPROPRIATING SAID AMOUNT THEREFOR, AUTHORIZING THE ISSUANCE OF $22,500,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION AND STATING THAT LAND INSTALLMENT PURCHASE OBLIGATIONS ARE AUTHORIZED TO BE ISSUED PURSUANT TO THIS BOND RESOLUTION The object or purpose for which the bonds are authorized is to acquire interests or rights in real property for the preservation of open spaces and areas as defined in Section 247. The amount of obligations to be issued is $22,500,000. The period of probable usefulness of the bonds is thirty (30) years. Southold Town Meeting Agenda - February 27, 2007 Page 60 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. This bond resolution is dated February 27, 2007. Vote Record - Resolution RES-2007-294 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell VI. PUBLIC HEARINGS 1. Stormwater LL PH 2/27/07 At 5:00 Pm 2. PH Comm Pres. Bond 2/27/07 5:05 PM