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Home My WebLink AboutAG-08/28/2007 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 www.southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER AGENDA SOUTHOLD TOWN BOARD August 28, 2007 7:30 PM POLICY: At scheduled Town Board meetings, the attending public is encouraged to briefly address the Town Board relating to agenda resolutions prior to their enactment; the public will also be given time at the conclusion of the regularly scheduled business agenda to address the Board on any given topic. I. REPORTS 1. Recreation Department July 2007 2. Justice Evans July 2007 3. Justice Bruer July 2007 4. Program for the Disabled July 2007 5. Board of Trustees July 2007 6. Justice Price July 2007 II. PUBLIC NOTICES 1. Application to US Army Corps of Engineers Elizabeth Wolff to construct timber deck and stairs and replace bulkhead, Hog Neck Bay, Southold 2. Liquor License Renewal with NYS Liquor Authority Southold Town Meeting Agenda - August 28, 2007 Page 2 Stepfal Restaurant Corp d/b/a Village Pizza, 13500 Main Road, Mattituck Costello di Borghese LLC, 17150 County Road 48, Cutchogue 3. SC Dept of Health - Public Hearing September 11, 2007 3-5 pm, Riverhead III. COMMUNICATIONS IV. DISCUSSION 1. 9:00 Am - East End Rural Transit Margaret Brown Hank de Cillia 2. Natural Resource Department 3. 10:00 Am - Mattituck Stakeholders Charlie Zaloom 4. 10:30 Am - New Suffolk Stakeholders Tom Samuels 5. Request of Verification of Water for CFD 6. $4 Million Land Preservation Bond 7. Reports on Plum Island Scoping Session Per Supervisor Russell 8. 12:30 Pm Executive Session Property Acquisition - Melissa Spiro 9. Code Committee Report Noise Control Affordable Housing 10. Shellfish Code Closures per Councilman Krupski 11. Reschedule Next Meeting Date Next meeting date is 9/11 Southold Town Meeting Agenda - August 28, 2007 Page 3 12. A Local Law In Relation to Shellfish and Other Marine Resources per Supervisor Russell 13. Executive Session Property Acquisition 14. Executive Session Labor/Litigation 15. Executive Session Litigation CALL TO ORDER 7:30 PM Meeting called to order on August 28, 2007 at Meeting Hall, 53095 Route 25, Southold, NY. 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 ??? Assistant Town Attorney Kieran M. Corcoran ??? PLEDGE OF ALLEGIANCE OPENING STATEMENTS Statement Statement Statement Statement Statement Statement Statement Southold Town Meeting Agenda - August 28, 2007 Page 4 MINUTES APPROVAL Tuesday, May 08, 2007 Tuesday, June 05, 2007 Tuesday, May 29, 2007 V. RESOLUTIONS 2007-694 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit Dated 8/28/07 RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby August 28, 2007. Vote Record - Resolution RES-2007-694 ? 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 2007-695 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Next Meeting 9/11/07 RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, September 11, 2007 at the Southold Town Hall, Southold, New York at 4:30 P. M.. Vote Record - Resolution RES-2007-695 ? 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 2007-696 Southold Town Meeting Agenda - August 28, 2007 Page 5 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Recreation Hire Fall Instructors RESOLVEDauthorizes and directs that the Town Board of the Town of Southold Supervisor Scott A. Russell to execute an agreement with the following individuals for the fall 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. Martine Abitbol (French cooking)………………………………$25/hour Antoinette Beck-Witt (drawing class)..........................................$25/hour Sara Bloom (memoir writing)...................................................... $25/hour Thomas Boucher (guitar)............................................................. $30/hour Constance Case (Quilting for Beginners)……………………. $25/hour Eugenia Cherouski (folk dancing)............................................... $25/hour Doris Coniglio (knitting for beginners)……………………… $25/hour James Crosser (Youth Basketball Program)…………………… $12.50/hour Paula Croteau (baking classes)………………………………… $25/hour Shirley Darling (tennis).............................................................. $30/class Lenora Dome (belly dancing).................................................... $25/hour Martha Eagle (Aerobics).............................................................. $30/hour East End Insurance Services (Defensive Driving)..................... $30/person Glen Franke (Youth Night Program)……………………………$25/hour Jill Franke (Youth Night Program)……………………..……… $25/hour Mike Furst (beginner computer)................................................. $25/hour Kathy Gadomski (Youth Night Program)……………………… $25/hour Tom Gadomski (Youth Night Program)……………………… $25/hour Bill Gatz (Youth Basketball Program)………………………… $25/hour Dan Gebbia (dog obedience)..................................................… $55/dog Carol Giordano (Baton)................................................................$25/class Elizabeth Hagen (Senior Safety)...………………………………$25/hour Rebecca Johnson (volleyball)……………………………………$25/hour Jean Jung (Plant Talk)……………………………………………$25/hour Rosemary Martilotta (hatha yoga)…………………………….....$55/class Rosemary McKinley (Study Skills/Financial Inventory)……… $25/hour Judy McCleery (Digital Photography)………………………… $25/hour Cynthia Mignone (Youth Night Program)……..………….. ….. $25/hour Elizabeth Morrison (childbirth class)……………………………$25/hour Theresa Pressler (youth programs)………………………………$25/hour Riverside Gymnastics (youth gymnastics)................................. $60/person Connie Rosnack (Youth Night Program)……..…………………$25/hour Southold Town Meeting Agenda - August 28, 2007 Page 6 Candice Schott (Youth Night Program)……..…………………..$25/hour Megan Schutt (Youth Night Program)……..……………………$25/hour Laurie Short (aerobics classes)................................................... $25/hour Touch Dancing Studios (ballroom dancing)…………………… $54/person Heather Walker (cheerleading)………………………………… $25/hour Vote Record - Resolution RES-2007-696 ? 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 2007-697 CATEGORY: Authorize to Bid DEPARTMENT: Public Works Southold Recreation Center Improvements RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise for bids for “Southold Recreation Center Improvements – Roof, Siding, Windows and Doors”, in accordance with the plans and construction specifications prepared by L. K. McLean Associates, P. C. Vote Record - Resolution RES-2007-697 ? 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 2007-698 CATEGORY: Budget Modification DEPARTMENT: Community Development CDBG Budget Mod RESOLVEDmodifies the 2003 & 2005 that the Town Board of the Town of Southold hereby Community Development Block Grant Program Budgets as follows: From: Southold Town Meeting Agenda - August 28, 2007 Page 7 Cutchogue Drainage Project FY 2003 $5,000 To: Home Improvement Program FY 2005 $5,000 Vote Record - Resolution RES-2007-698 ? 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 2007-699 CATEGORY: Budget Modification DEPARTMENT: Public Works Planning Office - Director RESOLVEDmodifies the 2007 that the Town Board of the Town of Southold hereby General Fund Part-Town Planning Board Budget as follows: From: B.8020.1.100.100 Planning, Personal Services Full-Time Regular Earnings $750 To: B.8020.2.100.200 Furniture & Furnishings Tables, Desks $600 B.8020.2.100.300 Furniture & Furnishings Chairs $150 Vote Record - Resolution RES-2007-699 ? 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 2007-700 CATEGORY: Budget Modification DEPARTMENT: Police Dept Modify the 2007 General Fund Whole Town Budget - Police Southold Town Meeting Agenda - August 28, 2007 Page 8 RESOLVEDmodifies the 2007 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: From: A.1990.4.100.200 Police Retirement Reserve $50,000.00 To: A.3120.4.400.650 Vehicle Maintenance & Repairs $50,000.00 Vote Record - Resolution RES-2007-700 ? 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 2007-701 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District SWD Budget Mods Aug 07 RESOLVEDmodifies the 2007 that the Town Board of the Town of Southold hereby Solid Waste District budget as follows: From: SR.8160.4.400.805 MSW Removal $ 5,360.00 To: SR.8160.2.500.600 Misc. Sanitation Equipment $ 100.00 SR.8160.4.100.500 Motor Vehicle Glass 500.00 SR.8160.4.100.630 Maint/Solid Waste Coord. Vehicle 500.00 SR.8160.4.100.995 Signage 2,000.00 SR.8160.4.400.610 Vending Machine Maintenance 250.00 SR.8160.4.400.625 Tire Repair 2,000.00 SR.8160.4.500.300 Equipment Lease – Whole Town 10.00 Vote Record - Resolution RES-2007-701 ? 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 Southold Town Meeting Agenda - August 28, 2007 Page 9 2007-702 CATEGORY: Grants DEPARTMENT: Land Preservation NYS AG & MKTS GRANT PROPOSAL - Preservation RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Land Preservation Coordinator Melissa Spiro to submit a proposal to the New York State Department of Agriculture and Markets to solicit State assistance from the 2007-2008 Farmland Protection Implementation Grant (FPIG) Program. Vote Record - Resolution RES-2007-702 ? 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 2007-703 CATEGORY: Litigation DEPARTMENT: Town Attorney Retain Special Counsel In Zupa Litigation RESOLVEDretains Frank A. Isler as that the Town Board of the Town of Southold hereby Special Counsel in the matter of Zupas, et al. v. Board of Trustees of the Town of Southold, et al., which action was filed on July 31, 2007. Vote Record - Resolution RES-2007-703 ? 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 2007-704 CATEGORY: Employment - Town DEPARTMENT: Accounting Southold Town Meeting Agenda - August 28, 2007 Page 10 Change Start Date for David Doroski RESOLVEDchanges the appointment that the Town Board of the Town of Southold hereby th date for Auto Equipment Operator David A. Doroski from June 21, 2007 to August 30 2007. (amends resolution 2007-506) Vote Record - Resolution RES-2007-704 ? 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 2007-705 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney ZBA Court Reporter RESOLVEDauthorizes Erika Nadeau that the Town Board of the Town of Southold hereby Court Reporting and Transcription, pursuant to their Proposal dated August 27, 2007 , for court reporting services for the Zoning Board of Appeals of the Town of Southold, subject to the review of the Town Attorney. Vote Record - Resolution RES-2007-705 ? 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 2007-706 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Approves the Agreement Between the CSEA and the Town of Southold RESOLVEDapproves the agreement that the Town Board of the Town of Southold hereby between the CSEA and the Town of Southold dated August 27, 2007. Southold Town Meeting Agenda - August 28, 2007 Page 11 Vote Record - Resolution RES-2007-706 ? 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 2007-707 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Proposal Dated August 20, 2007, Between the Town of Southold and Diversified Technology Consultants RESOLVED authorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Proposal dated August 20, 2007, between the Town of Southold and Diversified Technology Consultants , in connection with the Fishers Island Sewer District, regarding emergency upgrades of the Pump Station, generator replacement and leaching field repairs, at a cost not to exceed $10,900.00, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2007-707 ? 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 2007-708 CATEGORY: Seqra DEPARTMENT: Town Attorney F.I. Sewer District Proposed Improvements Type II RESOLVEDproposed that the Town Board of the Town of Southold hereby finds that the improvements to the Fishers Island Sewer District Pump Station is classified as a Type II Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617.5, and is not subject to review under SEQRA. Southold Town Meeting Agenda - August 28, 2007 Page 12 Vote Record - Resolution RES-2007-708 ? 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 2007-709 CATEGORY: Misc. Public Hearing DEPARTMENT: Town Clerk Public Hearing Call to Order FISD Bond A regular meeting of the Town Board of the Town of Southold, in the County of Suffolk, New York, held at the Town Hall, 53095 Main Road, Southold, in said Town, on the th 28 of August, 2007. PRESENT: Hon. Scott A. Russell, Supervisor Louisa P. Evans, Justice William P. Edwards, Councilperson Thomas H. Wickham, Councilperson Daniel C. Ross, Councilperson Albert J. Krupski, Jr., Councilperson -------------------------------------------------------------X In the Matter : of the : Increase and Improvement of Facilities of the Fishers Island Sewer : ORDER CALLING PUBLIC District, in the Town of Southold, in the HEARING TO BE HELD ON County of Suffolk, New York pursuant to : SEPTEMBER 25, 2007 at 7:35 pm Section 202-b of the Town Law. ------------------------------------------------------------X RECITALS WHEREAS, the Town Board of the Town of Southold (herein called “Town Board” and “Town”, respectively), in the County of Suffolk, New York, on behalf of the Fishers Island Sewer District, has caused Diversified Technology Consultants., Inc., competent engineers duly licensed by the State of New York, to prepare a map, plan and report for the Southold Town Meeting Agenda - August 28, 2007 Page 13 proposed sewer improvements, consisting of various upgrades to the wastewater pump station, the installation of a generator to replace the existing generator, installation of a propane tank, including the construction of the foundation therefore, the removal and replacement of the underground diesel fuel tank and reconstruction of the leach field pipe and other work related, appurtenant and supplemental thereto, including any original equipment, machinery, and apparatus required therefor (the “Sewer Improvement”), and pursuant to the direction of the Town Board, the Engineer has completed and filed with the Town Board such map, plan and report of the Sewer Improvement and has estimated the total cost of such increase and improvement of facilities to be $125,000; and WHEREAS, the Town Board has given due consideration to the impact that the Sewer Improvement may have on the environment and, on the basis of such consideration, the Town Board had found that no substantial adverse environmental impact will be caused by the Sewer Improvement; and WHEREAS, the Town Board and the Town have complied in every respect with all applicable federal, state and local laws and regulations regarding environmental matters, including compliance with the New York State Environmental Quality Review Act, constituting Article 8 of the Environmental Conservation Law; and WHEREAS, the maximum amount proposed to be expended for the construction of the Sewer Improvement is estimated to be $125,000, which is planned to be financed by the issuance of serial bonds of the Town and the levy and collection of assessments upon the several lots and parcels of land within the Sewer District which the Town Board shall determine to be especially benefited by the Sewer Improvement, so much upon and from each as shall be in just proportion to the amount of benefit which the Sewer Improvement shall confer upon the same, to pay the principal of and interest on said bonds as the same shall become due and payable; and WHEREAS, the annual cost of operation and maintenance of said Sewer Improvement shall be paid with a charge upon the entire area of the Town outside of any villages and shall be levied and collected in the same manner and at the same time as other Town charges; Now, therefore, be it Southold Town Meeting Agenda - August 28, 2007 Page 14 ORDERED, that the Town Board shall meet and hold a public hearing at the Town Hall, 53095 Main Road, Southold, New York, in the Town, on the 25th day of September, 2007, at 7:35 o’clock P.M. (Prevailing Time) to consider the construction and implementation of the Sewer Improvement, at which all persons interested in the subject thereof may be heard concerning the same, and for such other action on the part of the Town Board with relation thereto as may be required by law; and be it FURTHER ORDERED, that the Town Clerk (i) publish at least once in “THE SUFFOLK TIMES” and newspaper published in Mattituck, in the Town of Southold and hereby designated as the official newspaper of the Town for such publication; (ii) conspicuously post on the bulletin board of the Town Clerk, maintained pursuant to subdivision 6 of Section 30 of the Town Law, a copy of this Order certified by said Town Clerk; and (iii) mail by first class mail to each owner of taxable real property in the Sewer District, the Notice of such public hearing in substantially the form attached hereto designated Exhibit “A”; the first publication, posting and mailing to be not less than ten (10) nor more than twenty (20) days before the day set and designated herein for said public hearing as aforesaid, DATED: August 28, 2007 TOWN BOARD OF THE TOWN OF SOUTHOLD Exhibit A NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold, in the County of Suffolk, State of New York, will meet at the Town Hall, 53095 Main Road, Southold, New York, in the Town, on the 25th day of September, 2007, at 7:35 o’clock P.M. (Prevailing Time), for the purpose of conducting a public hearing to consider to the proposed increase and improvement of facilities of the Fishers Island Sewer District, consisting of various upgrades to the wastewater pump station, the installation of a generator to replace the existing generator, installation of a propane tank, including the construction of the foundation therefore, the removal and replacement of the underground diesel fuel tank and reconstruction of the leach field pipe and other work related, appurtenant and supplemental thereto, including any original Southold Town Meeting Agenda - August 28, 2007 Page 15 equipment, machinery, and apparatus required therefor (the “Sewer Improvement”), at the estimated total cost of $125,000. At said public hearing, the Town Board will hear all persons interested in the subject matter thereof concerning the same and for such other action on the part of the Town with relation thereto as may be required by law. Dated: August 28, 2007 Southold, New York BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, STATE OF NEW YORK By Elizabeth A. Neville, Town Clerk Town of Southold Vote Record - Resolution RES-2007-709 ? 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 2007-710 CATEGORY: Bond DEPARTMENT: Town Clerk Final Call to Order FISD A regular meeting of the Town Board of the Town of Southold, in the County of Suffolk, New York, held at the Town Hall, 53095 Main Road, Southold, in said Town, on the th 28 of August, 2007. PRESENT: Southold Town Meeting Agenda - August 28, 2007 Page 16 Hon. Scott A. Russell, Supervisor Louisa P. Evans, Justice William P. Edwards, Councilperson Thomas H. Wickham, Councilperson Daniel C. Ross, Councilperson Albert J. Krupski, Jr., Councilperson ---------------------------------------------X In the Matter of the Establishment of the Fishers Island Sewer District: in the Town of Southold, in the County of Suffolk, New York, pursuant to Article 12-A the Town Law. ---------------------------------------------X FINAL ORDER ESTABLISHING DISTRICT WHEREAS, the Town Board of the Town of Southold (herein called “Town Board” and “Town”, respectively), had heretofore caused to be prepared a general map and plan relating to the establishment of the Fishers Island Sewer District (the “District”), and the improvement of the facilities of said District, consisting of construction of a secondary treatment system connected to private mains, which map and plan were duly filed in the office of the Town Clerk of the Town for public inspection; and WHEREAS, pursuant to the order of the Town Board dated June 21, 1977, a public hearing upon the question of such establishment of the District was held on July 12, 1977 at 11:00 o’clock A.M. (Prevailing Time); and WHEREAS, the Town Board adopted a conditional order on November 10, 1977, reciting a description of the boundaries of the District in a manner sufficient to identify the lands included therein as in a deed of conveyance, the improvements proposed, the fact that the cost of the establishment and improvement of the District and facilities shall be at no cost to the Town and shall be paid entirely by the owners of the real property within said District or from additional sources, the fact that a map and report describing the same are on file in the Town Clerk’s office for public inspection; and Southold Town Meeting Agenda - August 28, 2007 Page 17 WHEREAS, following publication and posting of certified copies of said Order pursuant to Article 12-A of the Town Law and after a public hearing duly held by the Town Board at the time and place herein referred to, the Town Board, by resolution duly adopted November 10, 1977, determined that the notice of public hearing was published and posted as required by law, and is otherwise sufficient, that all the property and property owners within the proposed District are benefited thereby, that all the property and property owners benefited are included within the limits of the proposed District, that it is in the public interest to establish the District, subject to permissive referendum. Now, therefore, be it ORDERED, that the Fishers Island Sewer District is hereby established, to be known as Fishers Island Sewer District, in the Town of Southold, situate wholly outside of any incorporated village or city, and bounded and described as follows: ALL that certain parcel of land located at Fishers Island, Town of Southold, Suffolk County, New York, more particularly bounded and described as follows: BEGINNING at a point in the shore line of Fishers Island and Fishers Island Sound as same is located in Parcel No. 1 of a Quitclaim Deed between the United States of America and Race Point Corporation, recorded in the office of the Suffolk County Clerk in Liber 4615 p. 283; RUNNING THENCE South 46 degrees 58 minutes East about 408 feet to a monument; THENCE South 35 degrees 24 minutes East, 424.00 feet to a monument, both lines abutting northeasterly on land now or formerly of the Estate of S.A. Salvage; RUNNING THENCE three lines abutting southeasterly, northeasterly and northwesterly on land now or formerly of Wilmerding, South 32 degrees 36 minutes West, 465.9 feet to a monument; THENCE South 26 degrees 57 minutes East about 405 feet to a monument; THENCE North 62 degrees 26 minutes East, 687.22 feet to a monument at land now or formerly of John Wilmerding; THENCE South 31 degrees 18 minutes East, 188.41 feet and North 62 degrees 26 minutes East, 1.61 feet to a monument; THENCE South 27 degrees 34 minutes East, 25.00 feet to a monument; THENCE running the southwesterly line of Equestrian Avenue, South 76 degrees 2 minutes 30 seconds East, 58.22 feet to a drill hole at the intersection of the southeasterly line of Winthrop Drive and the southwesterly line of Equestrian Avenue (being the point of beginning of said Parcel No. 1 in Deed Liber 4615 p. 283); THENCE continuing southeasterly and northeasterly along Equestrian Southold Town Meeting Agenda - August 28, 2007 Page 18 Avenue to its intersection with Beach Avenue described as the point or place of beginning of the st “1 Tract” in a Quitclaim Deed from the United States of America to the Town of Southold, recorded in the Suffolk County Clerk’s Office in Liber 4614 p. 296; THENCE along the southwesterly, southerly and southeasterly line of Beach Avenue the following 8 courses and distances: (1) South 47 degrees 7 minutes 40 seconds East, 514.09 feet; (2) South 84 degrees 21 minutes 15 seconds East, 345.39 feet; (3) South 78 degrees 31 minutes 10 seconds East, 281.33 feet; (4) South 81 degrees 28 minutes East, 447.94 feet; (5) South 67 degrees 38 minutes East, 342.57 feet; (6) North 77 degrees 17 minutes East, 202.32 feet; (7) North 26 degrees 2 minutes 30 seconds East, 131.81 feet; (8) North 25 degrees 36 minutes 50 seconds West, 32.38 feet; THENCE South 39 degrees 45 minutes 10 seconds East, 226.28 feet; THENCE South 39 degrees 41 minutes 40 seconds East, 64.38 feet; THENCE South 76 degrees 0 minutes West, 386 feet; THENCE South 13 degrees 20 minutes East, 107 feet to the shore of Fishers Island and Block Island Sound as same is located in the Deed aforesaid to the Town of Southold in Liber 4614 p. 296; THENCE following the meanders of said shore line in a westerly direction to the shore line of Fishers Island Sound; THENCE following the meanders of said shore line and the meanders of the shore line of Silver Eel Cove and again the meanders of Fishers Island Sound to the point or place of BEGINNING. and be it further ORDERED, that said District shall be established at no cost to the Town as hereinabove set forth in the recitals hereto; and be it further ORDERED, that within ten (10) days after adoption of this Order, the Town Clerk shall record with the Clerk of the County of Suffolk and file with the Department of Audit and Control in Albany, New York, copies of this Order, certified by said Town Clerk. Vote Record - Resolution RES-2007-710 ? 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 2007-711 Southold Town Meeting Agenda - August 28, 2007 Page 19 CATEGORY: Misc. Public Hearing DEPARTMENT: Town Attorney BCI Communications Waiver Cell Moratorium BE IT RESOLVEDwill hold a public hearing that the Town Board of the Town of Southold at 4:35 p.m. on September 11, 2007, at Southold Town Hall, 53095 Main Road, Southold, New York 11971, concerning the application of BCI Communications, Inc ., as agent for Nextel of New York Inc., for a waiver of the “Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Building Permits, Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold,” and the Town Clerk is hereby directed to refer the application to the Planning Board for comment. Vote Record - Resolution RES-2007-711 ? 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 2007-712 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification-Debt Service on Animal Shelter RESOLVEDmodifies the 2007 that the Town Board of the Town of Southold hereby General Fund Whole Town budget as follows: From: A.9730.6.000.000 B.A.N. Principal $ 128,278.00 A.9730.7.000.000 B.A.N. Interest 1,722.00 To: A.9901.9.000.100 Transfer to Capital Fund $ 130,000.00 Southold Town Meeting Agenda - August 28, 2007 Page 20 Vote Record - Resolution RES-2007-712 ? 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 2007-713 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes Supervisor Scott A. Russell to Retain L.K. McLean Associates, P.C. to Complete an Environmental Review In Connection with the Town’s Purchase of the Peconic School Property 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 an environmental review in connection with the Town’s purchase of the Peconic School property , also known as SCTM #1000-75-1-13, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2007-713 ? 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 2007-714 CATEGORY: Seqra DEPARTMENT: Town Attorney LL/Amendments to Peddlers SEQRA RESOLVED“A that the Town Board of the Town of Southold hereby finds that the proposed Local Law in relation to Amendments to Peddlers, Solicitors and Transient Retail Merchants” 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 Mark Terry dated August 27, 2007, and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith. Southold Town Meeting Agenda - August 28, 2007 Page 21 Vote Record - Resolution RES-2007-714 ? 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 2007-715 CATEGORY: Bond DEPARTMENT: Town Clerk Open Space Bond BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED AUGUST 28, 2007, AUTHORIZING THE ACQUISITION OF INTERESTS OR RIGHTS IN AGRICULTURAL LANDS, INCLUDING DEVELOPMENT RIGHTS IN OPEN AGRICULTURAL LANDS; PROVIDED, HOWEVER, THAT NO SUCH INTERESTS OR RIGHTS IN SUCH AGRICULTURAL LANDS 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 $4,000,000; FURTHER AUTHORIZING THE TOWN TO RESERVE THE RIGHT TO SELL, LEASE, ALIENATE OR OTHERWISE TRANSFER SUCH INTERESTS OR RIGHTS IN AGRICULTURAL LANDS HEREINAFTER ACQUIRED PURSUANT HERETO AND TO PROVIDE FINANCING FOR THE PREPARATION OF PLANS AND SPECIFICATIONS AND OTHER STUDIES RELATIVE TO THE DEVELOPMENT AND USE OF THE ACQUIRED AGRICULTURAL LANDS; APPROPRIATING SAID AMOUNT THEREFOR; AUTHORIZING THE ISSUANCE OF $4,000,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION; STATING THAT LAND INSTALLMENT PURCHASE OBLIGATIONS ARE AUTHORIZED TO BE ISSUED PURSUANT TO THIS BOND RESOLUTION; AND DETERMINING THAT THIS BOND RESOLUTION SHALL BE SUBJECT TO A MANDATORY REFERENDUM. Recitals WHEREAS, pursuant to Section 247 of the New York General Municipal Law, constituting Chapter 24 of the Consolidated Laws of the State of New York (hereinafter called “Section 247”), the Town of Southold, Suffolk County, New York (hereinafter called the Southold Town Meeting Agenda - August 28, 2007 Page 22 “Town”), is authorized to acquire agricultural lands used in bona fide agricultural production as set forth in Section 247; and WHEREAS, such acquisition of interests or rights in agricultural land located 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 findings and determinations of the State Legislature as set forth in Section 247; and WHEREAS, in pursuance thereof, the Town desires to (i) implement the agricultural land acquisition and financing program hereinafter described, (ii) authorize the issuance of land installment purchase obligations for the purpose of financing the acquisition of such interests or rights in agricultural land, (iii) reserve the right to sell, lease, alienate or otherwise transfer such interests or rights in agricultural land hereinafter acquired pursuant hereto, as may be permitted by law and subject to such terms, conditions and restrictions as may be determined by the Town Board, and (iv) provide financing for the preparation of plans and specifications and other studies relative to the development and use of the acquired agricultural land, in conformity with Section 247; and WHEREAS, pursuant to §617.5(c) 21 and 27 of the New York State Environmental Quality Review Act (hereinafter called “SEQRA”), constituting Article 8 of the New York Environmental Conservation Law, this undertaking is and has been determined by the Town Board, acting as lead agency, to be a Type II action requiring no further action pursuant to SEQRA, provided, however, that no agricultural land shall be acquired and no improvements or enhancements to any Town facilities shall be undertaken pursuant to this resolution until all applicable provisions of SEQRA, have been complied with and a determination of significance has been duly declared with respect to each specific project to be undertaken hereunder; and WHEREAS, the Town Board of the Town has further determined that it is appropriate and in the best interests of the Town to submit a Proposition for the approval or disapproval of this bond resolution to the qualified voters present and voting at the Biennial Town Election to be held on November 6, 2007. Now, therefore Southold Town Meeting Agenda - August 28, 2007 Page 23 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: Section 1. The Town Board hereby finds, determines and deems the acquisition of interests or rights in agricultural land located throughout the Town for the preservation of open spaces and areas and the maintenance and enhancement of the conservation of natural or scenic resources to be necessary, in the public interest and a proper public purpose of the Town in accordance with the findings and determinations of the New York State Legislature as set forth in Section 247. Section 2. 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 agricultural land, 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; 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 agricultural lands shall be so acquired until all relevant provisions of 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 with respect to the specific project to be undertaken hereunder. The Town is further authorized to retain the right to sell, lease, alienate or otherwise transfer such interests or rights in agricultural land hereinafter acquired pursuant hereto, as may be permitted by law and subject to such terms, conditions and restrictions as may be determined by the Town Board, and to provide financing for the preparation of plans and specifications and other studies relative to the development and use of the acquired agricultural land, in conformity with Section 247. The estimated maximum cost of said class of objects or purposes, including preliminary costs and costs incidental thereto and the financing thereof, is $4,000,000, and said amount is hereby appropriated therefor. The plan of financing includes the issuance of Southold Town Meeting Agenda - August 28, 2007 Page 24 $4,000,000 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. Section 3. Serial bonds of the Town in the principal amount of $4,000,000 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 “Law”), to finance said appropriation. Section 4. 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 agricultural land may be issued in the form of a land installment purchase obligation or obligations pursuant to the provisions of 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 $4,000,000 serial bonds will exceed five (5) years. Section 5. Each of the bonds and any land installment purchase obligation 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 Southold Town Meeting Agenda - August 28, 2007 Page 25 bonds, land installment obligations, 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, land installment purchase obligations 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, land installment obligations, and any notes in anticipation of said bonds, to mature in such year and (b) the payment of interest to be due and payable in such year. Section 6. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the issuance of bonds with substantially level or declining annual debt service, Section 29.10 relative to the issuance of land installment purchase obligations and of Section 30.00 relative to the issuance of bond anticipation notes and of Sections 50.00, 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 and land installment purchase obligations 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 the execution of contracts for credit enhancements, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 7. 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 Southold Town Meeting Agenda - August 28, 2007 Page 26 (c) such obligations are authorized in violation of the provisions of the constitution. Section 8. A proposition for the approval or disapproval of this bond resolution shall be submitted as a Proposition to the qualified voters of the Town at the Biennial Town Election to be held on November 6, 2007, and this bond resolution shall take effect upon the approval of the Proposition by said voters of the Town at that referendum vote. Vote Record - Resolution RES-2007-715 ? 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 2007-716 CATEGORY: Bond DEPARTMENT: Town Clerk Open Space Bond to be Submitted for Election A RESOLUTION DETERMINING AND SPECIFYING THAT A PROPOSITION RELATING TO THE ACQUISITION OF AGRICULTURAL LAND, THE FINANCING THEREOF, THE SALE, LEASE OR TRANSFER OF SUCH AGRICULTURAL LAND AND THE PREPARATION OF PLANS AND SPECIFICATIONS AND STUDIES RELATIVE TO THE DEVELOPMENT AND USE OF THE AGRICULTURAL LAND, SHALL BE SUBMITTED AT THE BIENNIAL TOWN ELECTION TO BE HELD ON NOVEMBER 6, 2007. Recitals WHEREAS, continuing development within the Town of Southold has demonstrated a compelling need to acquire agricultural land for open space in the Town to enhance the general quality of life and the environment of the Town, and thereby benefit the residents and taxpayers of the Town; and WHEREAS, New York State General Municipal Law §247 recognizes the value of agricultural lands and the need to preserve such land and, moreover, specifically empowers Southold Town Meeting Agenda - August 28, 2007 Page 27 municipalities with the authority to acquire agricultural land to preserve such land as open space; and WHEREAS, if existing agricultural lands are to be preserved, protected and maintained, the Town must develop a cogent mechanism creating the capacity to (i) efficiently acquire agricultural land, including the fee or any lesser interest, or development right, easement, covenant or other contractual right, for the preservation of open space as the need arises and opportunities are identified and (ii) retain the right to sell, lease, alienate or otherwise transfer such interests or rights in agricultural land, as may be permitted by law and subject to such terms, conditions and restrictions as may be determined by the Town Board, and to provide financing for the preparation of plans and specifications and other studies relative to the development and use of the acquired agricultural land, in conformity with Section 247; and WHEREAS, pursuant to §617.5(c) 21 and 27 of the New York State Environmental Quality Review Act (hereinafter called “SEQRA”), this action is and has been determined by the Town Board to be a Type II action requiring no further action pursuant to SEQRA; provided, however, that no agricultural land shall be acquired and no improvements or enhancements to any Town facilities shall be undertaken pursuant to this resolution until all applicable SEQRA provisions have been complied with and a final declaration as to environmental impact has been duly determined by the entity duly authorized to make such declaration and determination with respect to the specific project to be undertaken hereunder. NOW, THEREFORE, THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES AS FOLLOWS: Section 1. At the Biennial Town Election of the Town of Southold, in the County of Suffolk, New York (hereinafter called the “Town”), to be held on November 6, 2007, the Proposition referred to in Section 2 hereof shall be submitted to the qualified voters and shall be included in the Notice of such Election. Section 2. The Town Clerk is hereby authorized and directed to give notice of submission of such Proposition at the Biennial Town Election (a) by publishing, at least ten (10) days prior to such Biennial Town Election, a Notice thereof in form and substance as hereinafter Southold Town Meeting Agenda - August 28, 2007 Page 28 set forth, at least once in “SUFFOLK TIMES” and “NEWSDAY,” two newspapers having general circulation in the Town, and hereby designated the official newspapers of the Town for such publication, and (b) by posting, at least ten (10) days prior to such Special Town Election, on the sign-board of the Town maintained pursuant to subdivision 6 of Section 30 of the Town Law. Said Notice shall be in substantially the following form: TOWN OF SOUTHOLD, NEW YORK NOTICE OF SUBMISSION OF A PROPOSITION AT THE BIENNIAL TOWN ELECTION TO BE HELD ON NOVEMBER 6, 2007 NOTICE IS HEREBY GIVEN that pursuant to the resolution duly adopted by the Town Board of the Town of Southold, in the County of Suffolk, New York on August 28, 2007, a Proposition shall be submitted to the qualified voters present and voting at the Biennial Town Election to be held on November 6, 2007 in the Town of Southold. Such Biennial Town Election shall be conducted at the time and places and in accordance with procedures determined pursuant to applicable law and by the Suffolk County Board of Elections. Such Proposition shall be in substantially the following form: PROPOSITION SHALL THE RESOLUTION ENTITLED: “Bond Resolution of the Town of Southold, New York, adopted August 28, 2007, authorizing the acquisition of interests or rights in agricultural lands, including development rights in open agricultural lands; provided, however, that no such interests or rights in such agricultural lands 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 $4,000,000; further authorizing the Town to reserve the right to sell, lease, alienate or otherwise transfer such interests or rights in agricultural lands hereinafter acquired pursuant hereto and to provide financing for the preparation of plans and specifications and other studies relative to the development and use of the acquired agricultural lands; appropriating said amount therefor; authorizing the issuance of $4,000,000 serial bonds of said Town to finance said appropriation; stating that land installment purchase obligations are authorized to be issued pursuant to this bond resolution; and determining that this bond resolution shall be subject to a mandatory referendum,” BE APPROVED? Southold Town Meeting Agenda - August 28, 2007 Page 29 An abstract of said bond resolution, concisely stating the purpose and effect thereof, is as follows: FIRST: RECITING pursuant to Section 247 of the New York General Municipal Law, constituting Chapter 24 of the Consolidated Laws of the State of New York (hereinafter called “Section 247”), the Town of Southold, Suffolk County, New York (hereinafter called the “Town”), is authorized to acquire agricultural lands used in bona fide agricultural production as set forth in Section 247; such acquisition of interests or rights in agricultural land located 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 findings and determinations of the State Legislature as set forth in Section 247; in pursuance thereof, the Town desires to (i) implement the agricultural land acquisition and financing program hereinafter described, (ii) authorize the issuance of land installment purchase obligations for the purpose of financing the acquisition of such interests or rights in agricultural land, (iii) reserve the right to sell, lease, alienate or otherwise transfer such interests or rights in agricultural land hereinafter acquired pursuant hereto, as may be permitted by law and subject to such terms, conditions and restrictions as may be determined by the Town Board, and (iv) provide financing for the preparation of plans and specifications and other studies relative to the development and use of the acquired agricultural land, in conformity with Section 247; pursuant to §617.5(c) 21 and 27 of the New York State Environmental Quality Review Act (hereinafter called “SEQRA”), constituting Article 8 of the New York Environmental Conservation Law, this undertaking is and has been determined by the Town Board, acting as lead agency, to be a Type II action requiring no further action pursuant to SEQRA, provided, however, that no agricultural land shall be acquired and no improvements or enhancements to any Town facilities shall be undertaken pursuant to this resolution until all applicable provisions of SEQRA, have been complied with and a determination of significance has been duly declared with respect to each specific project to be undertaken hereunder; the Town Board of the Town has further determined that it is appropriate and in the best interests of the Town to submit a Proposition for the approval or disapproval of this bond resolution to the qualified voters present and voting at the Biennial Town Election to be held on November 6, 2007; Southold Town Meeting Agenda - August 28, 2007 Page 30 SECOND: STATING that the Town Board finds, determines and deems the acquisition of interests or rights in agricultural land throughout the Town for such purposes to be in the public interest and a proper public purpose of the Town in accordance with the findings and determinations of the New York State Legislature; 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 agricultural land, 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, development right, easement, covenant, or other contractual right in any piece or parcel of such agricultural 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; FURTHER AUTHORIZING the Town to retain the right to sell, lease, alienate or otherwise transfer such interests or rights in agricultural land hereinafter acquired pursuant hereto, as may be permitted by law and subject to such terms, conditions and restrictions as may be determined by the Town Board, and to provide financing for the preparation of plans and specifications and other studies relative to the development and use of the acquired agricultural land, in conformity with Section 247; STATING the estimated maximum cost thereof is $4,000,000; APPROPRIATING $4,000,000 to pay said cost; and STATING the plan of financing includes the issuance of $4,000,000 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; Southold Town Meeting Agenda - August 28, 2007 Page 31 THIRD: AUTHORIZING the issuance of $4,000,000 serial bonds of the Town pursuant to the Local Finance Law of the State of New York (“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 indebtedness 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 or land installment purchase obligations 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 any land installment purchase obligations; and SEVENTH: DETERMINING that a Proposition for the approval or disapproval of this bond resolution shall be submitted to the qualified voters of the Town at the Biennial Town Election to be held on November 6, 2007 and that this bond resolution shall take effect upon such approval. Said Proposition shall appear on the ballot label to be inserted in the voting machines to be used for voting in substantially the following form: PROPOSITION YES NO Southold Town Meeting Agenda - August 28, 2007 Page 32 SHALL THE RESOLUTION ENTITLED: “Bond Resolution of the Town of Southold, New York, adopted August 28, 2007, authorizing the acquisition of interests or rights in agricultural lands, including development rights in open agricultural lands; provided, however, that no such interests or rights in such agricultural lands 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 $4,000,000; further authorizing the Town to reserve the right to sell, lease, alienate or otherwise transfer such interests or rights in agricultural lands hereinafter acquired pursuant hereto and to provide financing for the preparation of plans and specifications and other studies relative to the development and use of the acquired agricultural lands; appropriating said amount therefor; authorizing the issuance of $4,000,000 serial bonds of said Town to finance said appropriation; stating that land installment purchase obligations are authorized to be issued pursuant to this bond resolution; and determining that this bond resolution shall be subject to a mandatory referendum,” BE APPROVED? By order of the Town Board Dated: August 28, 2007 Section 3. In addition to the foregoing, the Town Board hereby authorizes and directs the Town Clerk to do the following: (a) To cause a certified copy of this resolution to be forwarded to the Suffolk County Planning Commission, as required by the Laws of the State of New York; and (b) To maintain and distribute copies hereof, ready for public review and inspection in the Office of the Town Clerk and any and all other locations deemed necessary by the Town Clerk and the Town Attorney to comply with New York State Law regarding referenda; and (c) To take all necessary steps, with assistance of the Town Attorney, to ensure that such Proposition is properly placed before the duly qualified Electors of the Town of Southold at the Biennial Town Election referenced hereinabove. Section 4. After said bond resolution shall take effect, the Town Clerk is hereby directed to cause said bond resolution to be published, in summary, in substantially the form annexed hereto and made a part hereof and designated Exhibit “A,” in each of the newspapers referred to in Section 2 hereof, and hereby designated the official newspapers of the Town for Southold Town Meeting Agenda - August 28, 2007 Page 33 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. Section 5. This resolution shall take effect immediately. Vote Record - Resolution RES-2007-716 ? 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 2007-717 CATEGORY: Seqra DEPARTMENT: Town Attorney Ag PDD LL SEQRA RESOLVED“A that the Town Board of the Town of Southold hereby finds that the proposed Local Law in relation to an Agricultural Planned Development District” 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 Mark Terry dated May 4, 2007, and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith. Vote Record - Resolution RES-2007-717 ? 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 2007-718 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact AgPPD Local Law Southold Town Meeting Agenda - August 28, 2007 Page 34 WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 31st day of July, 2007 a Local Law entitled “A Local Law in relation to an Agricultural Planned Development District”, and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons will be given an opportunity to be heard, and now therefor be it RESOLVED that the Town Board of the Town of Southold finds that this Local Law is CONSISTENT with the LWRP and be it further RESOLVEDENACTS that the Town Board of the Town of Southold hereby the proposed “A Local Law in relation to an Agricultural Planned Development Local Law entitled, District” reads as follows: LOCAL LAW NO. 2007 “A Local Law in relation to an Agricultural Planned Development A Local Law entitled, District” . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Legislative Intent. Farmland is a critical component of the Town of Southold’s rural character. Agriculture provides the cornerstone of the land use environment valued by year-round residents as well as visitors. Numerous planning documents and studies in the Town’s comprehensive planning over the past 20 years have recognized this value and have recommended strategies to preserve this key resource. In recent years, the Town has engaged in an aggressive effort to preserve farmland through the use of a variety of conservation tools, most notably the purchase of development rights. The Town has joined with other governmental agencies at the Federal, State and County levels, and with conservation groups such as the Peconic Land Trust to further its efforts. In addition, the Town has made use of various long- and short-term funding options to purchase interests in farmland, such as the Community Preservation Fund (CPF) transfer tax, voter- approved bonds and grants. The Town Board recognizes that preservation efforts must continue in accordance with the Town’s comprehensive planning efforts and initiatives. Additional funds will be required, and if possible, leveraged, to enable the Town to continue to purchase interests in farmland and retain the Town’s rural character. Southold Town Meeting Agenda - August 28, 2007 Page 35 The Town Board determines that its land preservation efforts can best be accomplished through a number of legislative initiatives. This local law creates an Agricultural Planned Development District, a floating zone classification. The Agricultural Planned Development District is intended to encourage the preservation and conservation of farmland, while preserving land equity. It is intended to provide incentive to Landowners dedicated to the preservation and conservation of farmland. New York State Town Law Sections 261-a and 261-c provide the framework to accomplish these goals. The Town Board seeks through this legislation to provide for the incremental sale of development rights by landowners whose property is actually used in agricultural production. This will be accomplished by providing a source of funds to facilitate agricultural production without requiring the sale of all development rights applicable to the property, at the same time reducing the density potential on the property. The benefit to the Town, in addition to facilitating agricultural production, is the assurance that the Town will have the option purchase the remaining development rights on a parcel, excepting those that are necessary for a conservation subdivision at the density/open space percentage as required by this legislation. II. Chapter 280 of the Code of the Town of Southold is hereby amended to create a new Article XXX, as follows: Sec. 280-170. Purpose. The Agricultural Planned Development District emphasizes the importance of agriculture as both a vital economic base and as a land form that provides the town with much of its rural character and scenic beauty. This program will provide the landowner with another mechanism to access the equity in his land by providing him with development rights that can be immediately transferred or sold, incrementally or at one time, to facilitate the preservation of farmland without having to subdivide his property. The development rights can be sold on an incremental basis while assuring the Town of the opportunity to purchase the remaining development rights applicable to the property, except those that may be used to develop a conservation subdivision. This Agricultural Planned Development District creates a mechanism whereby the property can be rezoned upon application of the landowner. 280-171 Definition DEVELOPMENT RIGHTS -- The rights permitted to a lot, parcel, or area of land under a zoning ordinance or local law regarding permissible use, area, density, bulk, or height of improvements executed thereon. 280-172. Classification. A. The Agricultural Planned Development District (AgPDD) is established as a Planned Development District pursuant to Town Law Section 261-c. Southold Town Meeting Agenda - August 28, 2007 Page 36 B. The AgPDD classification may be considered on a floating zone basis. Upon rezoning to the AgPDD classification, all principal and accessory uses, restrictions and controls listed in the specific AgPDD shall govern the lands subject to the rezoning. 280-173. Requirements for Eligibility. All properties meeting the standards and criteria set forth in this Article shall be deemed eligible for rezoning as an AgPDD. In order to be considered for rezoning to AgPDD, lands in the Town of Southold must meet all of the following criteria: A. The lands must consist of a sub-dividable parcel of at least seven (7)acres meeting the Town’s preservation goals and included in the Community Preservation Project Plan (CPPP), which may consist of a lot designated as a separate tax map number, or of two or more contiguous lots with separate tax map numbers. A landowner may also apply for the rezoning of a parcel contiguous to property already zoned AgPDD or already preserved, even if smaller than seven (7) acres. B. The parcel must be enrolled in an agricultural district or individual commitment, pursuant to Article 25AA of New York State Agriculture and Markets Law. C. The Town Board must find that the parcel provides an environmental, physical, economic, aesthetic, social or cultural benefit to the Town. 280-174. Zoning Approval; Application and review procedure. The Town Board may rezone lands from that of their underlying zoning district to the AgPDD classification upon written application of the landowner pursuant to this Article. A. Application. An applicant shall submit two (2) copies of the following to the Town Board: 1. Form of Application approved by the Town Board, including the name of the owner and/or applicant, description of current use of the property, and disclosure affidavit; 2. Deed(s) covering all lands for which application is made; 3. Survey(s) or map(s) showing all lands proposed to be rezoned to AgPDD, and any improvements on those lands. B. Upon receipt of a completed application, the Town Board shall review the application at a worksession and make a preliminary determination whether the Board is interested in considering rezoning of the parcel to AgPDD. If the Town Board is interested in considering the rezoning, it shall refer the application to the Planning Board and the Land Preservation Committee for review and recommendation. C Upon receipt of the application, the Land Preservation Committee shall consider the application at its next meeting and prepare recommendations to the Town Board with a copy to the Planning Board. Southold Town Meeting Agenda - August 28, 2007 Page 37 D. If the applicant seeks agricultural and/or residential structure areas, the placement shall be agreed upon among the Land Preservation Committee, the Planning Board and the landowner. E. Upon recommendation of the Planning Board and the and the Land Preservation Committee, the Land Preservation Coordinator shall commission a survey and a title search of the property, which will be forwarded to the Planning Department upon receipt. F. The Planning Department will calculate the yield on the parcel based on the zoning in effect at the time of the application. Yield will be calculated as follows: Buildable Lands ÷ Minimum Lot Area of Zoning District= Yield on Entire Parcel. The landowner will be informed of the number of development rights available on the parcel. Any fractional amount shall be rounded down to the nearest whole number. Any existing non- agricultural production uses shall reduce the number of development rights available for sale on a parcel. G. Environmental Review. The Town Board shall comply with SEQRA in acting upon any application for the rezoning of any lands to the AgPDD classification. H. The Planning Board and other committees shall provide a report within ninety (90) days of the date of the meeting at which the referral is received from the Town Board. No action shall be taken by the Town Board until receipt of the Planning Board report and other Committee reports, as applicable, or the expiration of its 60-day review period, whichever comes first. The review period may be extended by mutual consent of the applicant, the Town Board, the Planning Board, and the Land Preservation Committee. I. Planning Board Report. The Planning Board may recommend approval, approval with conditions, or disapproval of the proposed rezoning. In preparing its report, the Planning Board shall take into account the recommendations of the Southold Town Farm and Farmland Protection Strategy, adopted as policy by Town Board resolution of January 18, 2000 and supporting documents, the recommendations of the Land Preservation Committee, the studies contained in the Town’s comprehensive planning efforts and initiatives, the existing characteristics of the property and the surrounding properties, the environmental, social, physical, aesthetic, economic and cultural aspects of the property and its surroundings, and such other factors as may be necessary to carry out the purposes of this Article and this Chapter. The Planning Board’s report shall provide detailed reasons for its recommendation. J. Public Hearing. Within thirty (30) days of the receipt of the Planning Board report, or the expiration of the Planning Board review period, whichever occurs first, the Town Board may schedule a public hearing on the application, with the same notice prescribed for zoning amendments. Southold Town Meeting Agenda - August 28, 2007 Page 38 K. Town Board Action. Within thirty (30) days of the date of the closing of the public hearing, the Town Board shall either approve or disapprove the rezoning and file its decision with the Town Clerk, with notice to the applicant. In approving such rezoning, the Town board shall determine, after considering the Planning Board’s recommendation, that the subject parcel contains adequate resources, environmental quality and public facilities, including adequate transportation, water supply, waste disposal and fire protection, and that there will be no significant environmentally damaging consequences. If approved, the Town Board shall amend the zoning map of the Town in accordance with the approval and forward a copy of the resolution containing the decision to the Planning Board, the Land Preservation Committee, the Agricultural Advisory Committee, and the applicant. Any such approval shall be subject to the Conditions of Approval as set forth below in 280-175 of this Chapter. 280-175. Conditions of Approval. A. The boundaries of the re-zoned property, permitted uses thereon, and number of development rights shall become part of this Town Code and the Zoning Map shall be amended accordingly. B The Land Preservation department shall coordinate the closing and filing of the easement in accordance with their normal procedures for purchase of development rights. C Easement. 1. Following a public hearing and approval of the rezoning pursuant to Chapter 280 of the Town Code and Chapter 247 of the General Municipal Law, the Landowner shall sell at least one (1) development right to the Town. The landowner shall file a Preservation Easement (the “Easement”) on the property following the sale, in the form provided by the Town, which shall indicate that at least one (1) development right has been sold, and shall also indicate the number of remaining development rights available for sale or transfer from the parcel. a. The easement shall be in a standard form, acceptable to the Landowner and the Town Attorney and shall be consistent with the terms of the AgPDD. b. The easement shall be recorded in the Office of the Suffolk County Clerk. 280-176 Price for Development Rights The Town Board shall by resolution, at least annually, set a price to be paid by the Town for AgPDD development rights sales. This price shall be the fair market value of development rights for non-waterfront farmland of average size with an average amount of road frontage, obtained from two independent certified appraisers. 280-177. Subsequent Development Right Sales to the Town A. At any time, the landowner may offer to sell development rights on all or part of the parcel that has been zoned AgPDD. The development rights may be sold to the Town or to others provided that the landowner enters into a conservation easement on the property in a form Southold Town Meeting Agenda - August 28, 2007 Page 39 acceptable to the Town. The conservation easement shall list the number of development rights sold and the number remaining, based on the yield for the parcel as set forth at the time of rezoning to AgPDD. B. At the discretion of the Town, the Town may commission a new survey and a title search of the property. C. The Land Preservation Coordinator shall make a determination of the number of development rights remaining for purchase on the parcel based on the original yield as calculated by the Planning Department less any development rights sold, and shall so advise the Land Preservation Committee. The Land Preservation Committee shall make a recommendation to the Town Board on the purchase of development rights. D. The Town Board shall hold a public hearing on the question of the purchase of development rights from the AgPDD zoned parcel, and may adopt a resolution approving or disapproving the sale. Any resolution shall set forth the number of development rights purchased and the number remaining on the parcel. At the time of sale, a preservation easement as set forth above in 280-175 shall be filed indicating the additional number of development rights that have been extinguished from the parcel, and the remaining number of development rights. E. Development rights may be purchased by the Town in increments of one-half (1/2) of a development right. F. The Town Board shall not be required to purchase development rights from a parcel zoned AgPDD sooner than 180 (one hundred and eighty) days after the previous purchase on the same parcel, and any refusal by the Town to do so shall not be considered an election not to purchase pursuant to §280-180E. G. Upon the landowner’s application, the Town shall purchase ten percent (10%) of the landowners residual development rights, or not less than one full development right, per calendar year. Any fractional amount shall be rounded to the nearest half of a development right. The Town may, if requested by the landowner, purchase more or less than ten percent each year. H. No application for sale of development rights received after November 1 of any calendar year shall be closed until the following calendar year, unless the Town and the landowner mutually agree to close in the same year. I. Participation in the AgPDD shall not preclude the landowner from participation in other preservation programs, including but not limited to, negotiating with the Town for the sale of all development rights. If the landowner chooses to negotiate with the Town for sale of development rights, the Town will pay for the appraisal one time. Any subsequent negotiations and application for sale of development rights through the Land Preservation program will be permitted, however the Town will obtain the appraisal at the expense of the landowner. 280-178. (Reserved) Southold Town Meeting Agenda - August 28, 2007 Page 40 280-179. Clearing House. The Land Preservation Coordinator will maintain a log indicating the development rights sold and remaining on any parcel zoned AgPDD. The easement executed and recorded by the landowner at the time of each sale will indicate the number of development rights sold and the number remaining on the parcel. §280-180 Conditions A. Any reserved area for development shall be set by the Town Board and defined in the Town Code at the time of rezoning to AgPDD. A landowner may apply to the Town Board to amend such code if circumstances have changed since the rezoning. Any new additional reserved area will be deducted from the available development rights on the parcel, and any reduction in the reserved area may increase the development rights available on the parcel. Any reserved area for development shall not exceed 20% of the buildable area of the parcel. B. Any structure proposed on a parcel which is zoned AgPDD will require the approval of the Land Preservation Committee prior to issuance of a building permit. The approval of the committee shall take into account the conditions set forth in the preservation easement on the property. C. If a residential structure exists on property zoned AgPDD, any new structure accessory to such residence must be located within 150 feet of the existing residential structure. D. Any structures, other than those for agricultural production, shall reduce the number of development rights available for sale or transfer. E. If the Town elects not to purchase 10% of development rights as set forth in 280-177G, the landowner may pursue a Standard Subdivision as set forth in §280-181C. If there has been a subsequent request by the landowner for purchase of development rights and an agreement by the Town to purchase at least 10% development rights pursuant to §280-177G, the landowner is not eligible to pursue a standard subdivision. §280-181 Subdivision A. If the landowner of property zoned AgPDD files for subdivision of the property, the land Preservation Coordinator shall advise the Planning Board of the number of development rights remaining on the parcel. B. Any conservation subdivision of AgPDD property must accomplish preservation of eighty percent (80%) of the parcel, and density reduction of seventy-five percent (75%) of the original yield. If the landowner elects to pursue this Conservation Subdivision, the land preserved by sale of development rights shall apply toward the required preservation component. Southold Town Meeting Agenda - August 28, 2007 Page 41 C. If the Town elects not to purchase 10% of development rights as set forth in 280-177G, the landowner may pursue a Standard Subdivision. For a period of ten years from the date of the Town’s election not to purchase development rights pursuant to §280-177G, the yield for the subdivision shall be based on the zoning in effect on the parcel at the time it was zoned AgPDD, after which the yield shall be that of the underlying zone in effect as of the date of the subdivision. Any land preserved by sale of development rights shall not be applied toward any preservation or subdivision open space requirement. The yield calculated pursuant to §280-174F shall not be the yield for the standard subdivision. The standard subdivision yield shall be calculated pursuant to Chapter 240 of the Town Code. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Vote Record - Resolution RES-2007-718 ? 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. Motion To: Motion to recess to Public Hearing COMMENTS - Current Meeting: RESOLVEDbe and hereby is declared that this meeting of the Southold Town Board Recessed in order to hold a public hearing. 2. Ph LL 8/28 7:45 Pm AgPPD Statement Statement Statement 3. PH LL 8/28 7:50 Pm Peddling Statement Southold Town Meeting Agenda - August 28, 2007 Page 42 Statement Statement VII. CLOSING STATEMENTS Statement Statement Statement Statement Statement Motion To: Adjourn Town Board Meeting COMMENTS - Current Meeting: RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at __________ P.M. * * * * * Elizabeth A. Neville Southold Town Clerk