Loading...
HomeMy WebLinkAboutAG-09/25/2007 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 FINAL AGENDA SOUTHOLD TOWN BOARD September 25, 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. Board of Trustees August 2007 2. Justice Evans August 2007 3. Justice Price August 2007 4. Recreation Dept Monthly Report August 2007 5. Town Clerk Monthly Report August 2007 II. PUBLIC NOTICES 1. NYS DEC Notice of Complete Application - Sy & Catherine Ghassemi 6785 St Rte 25, East Marion (SCTM 1000-31-1-1.2) to subdivide 31.7632 acre lot into four lots 2. NYS Liquor Authority Joseph Paul Winery Inc., 18910 Middle Rd, Cutchogue application for Farm Winery License Renewal 3. Notice of Complete Application - NYSDEC Southold Town Meeting Agenda - September 25, 2007 Page 2 Orlando Property 4. Army Corp of Engineers Notice of Application Peocnic Gold Corp. to place plastic-covered wire mesh trays to grow bay scallops and oysters in Hog Neck Bay. 5. NYS DEC Notice of Complete Application - US Dept of Homeland Security DHS Plum Island Animal Disease Ctr., Orient Point Dock - to construct bulkhead seaward of existing bulkheads III. COMMUNICATIONS IV. DISCUSSION 1. Fishers Island Sewer District Louisa Evans 2. “Cold War Veterans” Exemption 3. PDD Legislation Code Comm Mtg Minutes by Councilman Wickham 4. 10:00 Melissa Spiro and John Sepenoski Management Plans 5. 10:30 Mark Terry and John Sepenoski LWRP Council Recommended Code and Procedure Changes 6. Ag Code - Per Supervisor Russell Farmstands, etc. Site Plan regulations for ag structures per 2004 law etc. 7. BCI Communications Waiver Request 8. Plum Island Request for Use of Equipment per Supervisor Russell 9. BOAR Reappointment Daniel McConlogue’s term expires 9/30/07. CALL TO ORDER 7:30 PM Meeting called to order on September 25, 2007 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Present Absent Late Arrival Southold Town Meeting Agenda - September 25, 2007 Page 3 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 ??? Asst. Town Attorney Kieran Corcoran ??? PLEDGE OF ALLEGIANCE OPENING STATEMENTS V. MINUTES APPROVAL 1. Tuesday, July 03, 2007 2. Tuesday, July 17, 2007 3. Tuesday, July 31, 2007 VI. RESOLUTIONS 2007-744 CATEGORY: Audit DEPARTMENT: Accounting Approve Audit 9/25/07 RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby September 25, 2007. Vote Record - Resolution RES-2007-744 ? 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 2007-745 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Set Next Meeting 10/9/07 Southold Town Meeting Agenda - September 25, 2007 Page 4 RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, October 9, 2007 at the Southold Town Hall, Southold, New York at 4:30 P. M.. Vote Record - Resolution RES-2007-745 ? 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 2007-746 CATEGORY: Attend Seminar DEPARTMENT: Building Department Attend Seminar - Building Department - 10/10/07 RESOLVED grants permission to that the Town Board of the Town of Southold hereby Building Inspector Gary Fish, Building Inspector George Gillen, Fire Inspector Robert Fisher, Building Permits Examiner Pat Conklin, Building Permits Examiner Damon Rallis and Chief Building Inspector Michael Verity to attend a seminar on Manufactured Homes in Lindenhurst, New York, on October 10, 2007. All expenses for registration, travel and lodging (if necessary) to be a legal charge to the 2007 Building Department budget (meetings and seminars). Vote Record - Resolution RES-2007-746 ? 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 2007-747 CATEGORY: Attend Seminar DEPARTMENT: Building Department Attend Seminar - Building Depart - 10/17/07 RESOLVED grants permission to Fire that the Town Board of the Town of Southold hereby Inspector Bob Fisher, Building Inspector Gary Fish, Building Inspector George Gillen, Southold Town Meeting Agenda - September 25, 2007 Page 5 Building Permits Examiner Pat Conklin, Building Permits Examiner Damon Rallis and Chief Building Inspector Michael Verity to attend a seminar on Inspecting for Structural Details in Lindenhurst, New York, on October 17, 2007. All expenses for registration, travel and lodging (if necessary) to be a legal charge to the 2007 Building Department budget (meetings and seminars). Vote Record - Resolution RES-2007-747 ? 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 2007-748 CATEGORY: Attend Seminar DEPARTMENT: Building Department Attend Seminar - Building Depart - 10/18/07 RESOLVED grants permission to Fire that the Town Board of the Town of Southold hereby Inspector Bob Fisher, Building Inspector Gary Fish, Building Inspector George Gillen, Building Permits Examiner Pat Conklin, Building Permits Examiner Damon Rallis and Chief Building Inspector Michael Verity to attend a seminar on Wood Framing in Lindenhurst, New York, on October 18, 2007. All expenses for registration, travel and lodging (if necessary) to be a legal charge to the 2007 Building Department budget (meetings and seminars). Vote Record - Resolution RES-2007-748 ? 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 2007-749 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Increase Salaries of PT Deckhands Fishers Island Southold Town Meeting Agenda - September 25, 2007 Page 6 RESOLVED that the Town Board of the Town of Southold hereby increases the salaries of the following Fishers Island Ferry Districts’ part-time Deckhands effective August 2, 2007: Raymond Lefevre $10.00 John Mc Veight $11.00 Thomas Evanko $11.00 John McElligott $11.00 Peter Gilmore $11.00 David Yale $11.00 William Felker $10.00 Edward Bridgeman $11.00 Vote Record - Resolution RES-2007-749 ? 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 2007-750 CATEGORY: Attend Seminar DEPARTMENT: Accounting Attend Retirement Meeting - Accounting RESOLVED grants permission to Janice that the Town Board of the Town of Southold hereby Foglia and Barbara Rudder to attend a seminar on Retirement related topics in Riverhead, on Wednesday, October 17, 2007. Travel expenses to be a legal charge to the 2007 Accounting budget (meetings and seminars). Vote Record - Resolution RES-2007-750 ? 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 2007-751 Southold Town Meeting Agenda - September 25, 2007 Page 7 CATEGORY: Attend Seminar DEPARTMENT: Accounting Permission to Attend NYSHIP Regional Meeting RESOLVED grants permission to that the Town Board of the Town of Southold hereby Principal Account Clerk Janice Foglia and Administrative Assistant_Barbara Rudder to attend a NYSHIP Regional Meeting for Participating Agencies at the Huntington Hilton, on October 4, 2007. There are no registration fees, travel to be a legal charge to the 2007 Accounting budget (meetings and seminars). Vote Record - Resolution RES-2007-751 ? 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 2007-752 CATEGORY: Budget Modification DEPARTMENT: Public Works Budget Modification - DPW - Street Signs RESOLVEDmodifies the 2007 that the Town Board of the Town of Southold hereby Traffic Control budget as follows: From: A.1620.2.500.950 Hamlet Trash Receptacles $750 To: A.3310.4.100.995 Signs & Sign Parts $750 Vote Record - Resolution RES-2007-752 ? 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 2007-753 Southold Town Meeting Agenda - September 25, 2007 Page 8 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification-Appropriate Insurance Recovery RESOLVEDmodifies the 2007 that the Town Board of the Town of Southold hereby General Fund Whole Town budget as follows: To: Revenues: A.2680.00 Insurance Recoveries $3,033.75 To: A.5182.2.500.500 Street Lighting Street Light Fixtures $3,033.75 Vote Record - Resolution RES-2007-753 ? 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 2007-754 CATEGORY: Attend Seminar DEPARTMENT: Building Department Attend Seminar - Building Department RESOLVED grants permission to that the Town Board of the Town of Southold hereby George Gillen to attend a seminar on Zoning in Hauppauge, New York, on October 25, 2007. All expenses for registration, travel and lodging (if necessary) to be a legal charge to the 2007 Building Department budget (meetings and seminars). Vote Record - Resolution RES-2007-754 ? 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 - September 25, 2007 Page 9 2007-755 CATEGORY: Budget Modification DEPARTMENT: Town Clerk Modify the Trustees’ General Fund Whole Town 2007 Budget RESOLVEDTrustees’ that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2007 budget as follows: FROM : A.8090.4.100.550 Waterway Markers & Equipment $500.00 TO : A.8090.4.100.100 Office Supplies/Stationary $500.00 Vote Record - Resolution RES-2007-755 ? 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 2007-756 CATEGORY: Attend Seminar DEPARTMENT: Police Dept Grant Permission to Detective Sergeant John Sinning to Attend the First Annual New York Gang Investigator’s Conference In Brooklyn, NY RESOLVED grants permission to that the Town Board of the Town of Southold hereby Detective Sergeant John Sinning to attend the First Annual New York Gang Investigator's New York City Regional Conference on Monday, October 22, 2007, Kings County District Attorney's office in Brooklyn, NY. Travel to be by Town vehicle. The cost of the conference will be a $35.00 registration fee and shall be a legal charge to the 2007 Police Training budget line (A.3120.4.600.200). Vote Record - Resolution RES-2007-756 ? 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 - September 25, 2007 Page 10 2007-757 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to the Knights of Columbus, Marian Council No. 3852 to Use Certainroads for Its Annual Right to Life March In Cutchogue on Saturday, October 20, 2007 RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Knights of Columbus, Marian Council No. 3852 to use the following roads for its Annual Right to Life March in Cutchogue on Saturday, October 20, 2007 beginning at 11:45 AM: Main Road (from parking lot of Sacred Heart Church) east to Depot Lane to Sacred Heart Cemetery, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and contact Capt. Flatley upon receipt of notification of Town Board approval. Vote Record - Resolution RES-2007-757 ? 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 2007-758 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Southold PTA Halloween Parade RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Southold Town PTA to hold it Annual Halloween parade, to begin at the Southold Firehouse on the Main Road, proceed west to Oaklawn Avenue and end at the elementary school, on Saturday, October 27, 2007 beginning at 12:00 noon, 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 - September 25, 2007 Page 11 Vote Record - Resolution RES-2007-758 ? 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 2007-759 CATEGORY: Grants DEPARTMENT: Community Development Set 7:40 PM October 23, 2007, Southold Town Hall, 53095 Main Road, Southold, New York 11971, As the Time and Place for a Public Hearing to Hear Citizens Views on Local Housing and Community Development Needs for 2008 RESOLVED hereby sets 7:40 PM October 23, that the Town Board of the Town of Southold 2007, Southold Town Hall, 53095 Main Road, Southold, New York 11971, as the time and place for a Public Hearing to hear citizens views on local housing and community development needs to be met with approximately $136,000 in Community Development Block Grant funds the town of Southold expects to receive in April 2008 and authorizes Town Clerk Elizabeth Neville to publish an “Announcement of Public Hearing Notice”. Vote Record - Resolution RES-2007-759 ? 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 2007-760 CATEGORY: Grants DEPARTMENT: Community Development Downtown Beautification Grant RESOLVED that the Town Board of the Town of Southold hereby supports and endorses the grant application of the Greenport-Southold Chamber of Commerce grant application to the Suffolk County, Department of Economic Development & Workforce Housing, Downtown Beautification Program, in connection with improvements to the municipal parking lot in the center of the Southold Business District. Southold Town Meeting Agenda - September 25, 2007 Page 12 Vote Record - Resolution RES-2007-760 ? 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 2007-761 CATEGORY: Attend Seminar DEPARTMENT: Planning Board Water Resources Seminar RESOLVED grants permission to that the Town Board of the Town of Southold hereby Heather Cusack, Mark Terry & Anthony Trezza to attend a seminar on Water Resources in Upton, New York , on Thursday, October 11, 2007. All expenses for registration, travel and lodging (if necessary) to be a legal charge to the 2007 Planning Board budget (meetings and seminars). Vote Record - Resolution RES-2007-761 ? 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 2007-762 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to the Mattituck High School to Use Mary’s Road, Pike Street, Westphalia Avenue, Sound Avenue, and Love Lane, Mattituck for Its 14Th Annual Homecoming Parade on Saturday, September 27, 2007 At 9:00 AM RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Mattituck High School to use Mary’s Road, Pike Street, Westphalia Avenue, Sound th Avenue, and Love Lane, Mattituck for its 14 Annual Homecoming Parade on Saturday, September 27, 2007 at 9:00 AM 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. Southold Town Meeting Agenda - September 25, 2007 Page 13 Flatley immediately after the approval of this resolution to coordinate traffic control. Vote Record - Resolution RES-2007-762 ? 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 2007-763 CATEGORY: Budget Modification DEPARTMENT: Human Resource Center Budget Mod - Personal Services RESOLVEDmodifies the 2007 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: From: Appropriations Programs for the Aging A.6772.1.100.300 Personal Services Vacation Earnings $500.00 A.6772.1.100.400 Personal Services Sick Earnings $267.00 A.6772.1.200.100 Personal Services Part Time Earnings $1,100.00 To: Appropriations Programs for the Aging $1,867.00 A.6772.1.100.200 Personal Services Overtime Earnings Vote Record - Resolution RES-2007-763 ? 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 2007-764 CATEGORY: Budget Modification Southold Town Meeting Agenda - September 25, 2007 Page 14 DEPARTMENT: Human Resource Center Bud. Mod to Purchase AED Defribrilator Units HRC. of the Total Cost for These 2 New AED- Defribrilator Units, a Minimum of $2,100.00 Will be Reimbursed to the Town Through Suffolk County Leg. Ed Romaine’s Community Service Initiative Grants. RESOLVEDmodifies the 2007 that the Town Board of the Town of Southold hereby General Fund Whole Town budget as follows: From:Programs for the Aging $ 2,900.00 Appropriations: Contracted Services A.6772..4.400.650 Vehicle Maint. And Repairs To: Programs for the Aging Appropriations: A.6772.4.100.110 Contractual Expense $2,900.00 Program Supplies and Materials Vote Record - Resolution RES-2007-764 ? 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 2007-765 CATEGORY: Property Usage DEPARTMENT: Town Clerk Adopt the Stewardship Management Plans for Laurel Lake Preserve, Reese Property, and Hog’s Neck Preserves RESOLVEDadopts the Stewardship that the Town Board of the Town of Southold hereby Management Plans for the following properties: Laurel Lake Preserve Stewardship Management Plan for identified as Suffolk County tax map number 1000-125.-1-14 and 5145 Route 25, Laurel; Reese Property Stewardship Management Plan for the identified as Suffolk County tax map number 1000-45.-5-5 and 70380 Route 25, Greenport; and Hog’s Neck Preserves Stewardship Management Plan for the consisting of the following properties: Forestbrook identified as Suffolk County tax map number 1000-79.-2-7.7, Zoumas Southold Town Meeting Agenda - September 25, 2007 Page 15 identified as Suffolk County tax map number 1000-79.-4-17.25 and Hurtado identified as Suffolk County tax map number 1000-79.-5-20.15, all on North Bayview Road in Southold. Vote Record - Resolution RES-2007-765 ? 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 2007-766 CATEGORY: Legal DEPARTMENT: Solid Waste Management District Waste District Overdue Accounts turns over to the Town RESOLVED that the Town Board of the Town of Southold hereby Attorney collection efforts on the following past due amounts owed to the Solid Waste District, and hereby removes said amounts from 2007 Solid Waste District Budget Revenues, in accordance with a determination by the Town Comptroller and the Town Attorney: Account # 298: Seledonio Villareal in the amount of $848.58 Account # 317: Mattituck Fence in the amount of $220.56 Account # 513: Carlos Estrada in the amount of $294.28 Account # 819: Homescape Construction in the amount of $2192.67 Account # 1198: LI Custom Drywall in the amount of $93.56 Account #s 1534 and 71534: Estuardo Ramirez in the amount of $576.63 Account # 7417: Long Island Vineyard Mgmt. in the amount of $3000.00 Account # 71410: Ubaldino Perez in the amount of $81.03 Vote Record - Resolution RES-2007-766 ? 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 2007-767 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Contractual Agreement Between the Town of Southold and KJB Industries, Inc. In Connection with the Construction of a Concrete Slab for the Southold Town Meeting Agenda - September 25, 2007 Page 16 Processing of C&D Debris At the Cutchogue Transfer Station RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Contractual Agreement between the Town of Southold and KJB Industries, Inc. in connection with the construction of a concrete slab for the processing of C&D debris at the Cutchogue Transfer Station , subject to the approval of the Town Attorney. Vote Record - Resolution RES-2007-767 ? 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 2007-768 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Clerk FISD Rent PH 10/23/07 @ 7:40 PM WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New “A Local Law in relation to Fishers York, on the 25th day of September, 2007 a Local Law entitled Island Sewer District Rent” now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid 23rd day of Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the October, 2007 at 7:40 p.m. at which time all interested persons will be given an opportunity to be heard. “A Local Law in relation to the Fishers Island Sewer District Rent” The proposed Local Law entitled, reads as follows: LOCAL LAW NO. 2007 “A Local Law in Relation to the Fishers Island Sewer District Rent” A Local Law entitled, . Southold Town Meeting Agenda - September 25, 2007 Page 17 BE IT ENACTED , by the Town Board of the Town of Southold as follows: I. Chapter 215 (Sewers and Sewage Disposal) of the Code of the Town of Southold is hereby amended as follows: 1. Section 215-49 is hereby amended to read as follows A. In addition to any and all other fees and charges provided by law, the owner of a parcel of land served by the sanitary sewer system of the FISD shall pay an annual sewer rent for the use of such sanitary sewer system, which shall be based upon an four hundred fifty dollars ($450) annual charge of three hundred dollars ($300) for each separate dwelling unit served by the system. Such annual sewer rents shall be two hundred paid in semiannual installments of one hundred fifty dollars ($150) twenty-five dollars ($225) on the first day of January and June of each year. II. This Local Law shall take effect upon its filing with the Secretary of State Vote Record - Resolution RES-2007-768 ? 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 2007-769 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Appoint David Bauer, As the Greenport Village Representative, to the Southold Town Transportation Commission RESOLVEDappoints David Bauer, as that the Town Board of the Town of Southold hereby the Greenport Village representative, to the Southold Town Transportation Commission , effective immediately. Vote Record - Resolution RES-2007-769 ? 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 - September 25, 2007 Page 18 2007-770 CATEGORY: Seqra DEPARTMENT: Land Preservation Bittner SEQRA WHEREAS, the Town Board of the Town of Southold wishes to purchase fee title to certain properties owned by Jacqueline Moeller and TMJ Realty Inc. a/k/a Bittner properties pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Code of the Town of Southold. Said properties are identified as SCTM #1000-58-1-1, #1000-68-1-17.2 and #1000-68-1-17.3. The total area of the properties is 58± acres. The addresses of the properties are respectively 5415, 4305 & 4305 Soundview Avenue in Peconic. The properties are located in the R-80 zoning district. The properties begin approximately 4300 feet westerly on Soundview Avenue from the intersection of Soundview Avenue and Kenney’s Road in Southold. The combined properties include 1360± feet of road frontage on Soundview Avenue and 1404± feet along Long Island Sound. The proposed acquisition is for the Town, in a 50%/50% partnership with the County of Suffolk, to acquire fee title as tenants in common to the entire 58± acres for open space passive recreational purposes. The exact area of the purchase is subject to survey. The purchase price for the entire 58± acre property is $13,294,000 (thirteen million two hundred ninety-four thousand dollars) plus acquisition costs. The purchase price and acquisition costs will be shared equally by the Town of Southold and County of Suffolk and will be funded by the Town’s Community Preservation Fund and the County of Suffolk Legacy Fund. The Town is eligible for funding from an awarded $1,464,735 (one million four hundred sixty-four thousand seven hundred thirty-five dollar) federal grant from the US National Oceanic and Atmospheric Administration, Coastal Estuarine Land Conservation Program (NOAA/CELCP). The property includes a vacated residential structure and bulkheading; both will be removed in their entirety upon obtaining fee title to these parcels. The County will not be responsible for removal costs of the residential structure; now, therefore, be it RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; and, be it further RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and, be it further Southold Town Meeting Agenda - September 25, 2007 Page 19 RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is accepted and attached hereto; and, be it further RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action. Vote Record - Resolution RES-2007-770 ? 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 2007-771 CATEGORY: Bond DEPARTMENT: Town Clerk Order for the Bond to Increase and Improve the Facilities of The Fishers Island Sewer District At 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, New York, on the 25th day of September, 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 In the Matter of the Increase and Improvement of Facilities of the Fishers Island Sewer District, in the Town of Southold, Southold Town Meeting Agenda - September 25, 2007 Page 20 in the County of Suffolk, New York, pursuant to Section 202-b of the Town Law Offered by: _______________________ Seconded by: ______________________ RESOLUTION AND ORDER AFTER PUBLIC HEARING WHEREAS, the Town Board of the Town of Southold (herein called the “Town Board” and the “Town”, respectively), in the County of Suffolk, New York, acting on behalf of the Fishers Island Sewer District (herein called the “District”), in the Town, has reviewed a preliminary map, plan and report prepared by Diversified Technology Consultants., Inc., engineers duly licensed by the State of New York (the “Engineer”), for the increase and improvement of facilities of the 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 therefor, 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, the Engineer has completed and filed with the Town Board such preliminary map, plan and report for said increase and improvement of facilities of the District and has estimated the cost thereof to be $125,000; and Southold Town Meeting Agenda - September 25, 2007 Page 21 WHEREAS, the Town Board adopted an order describing in general terms the proposed increase and improvement of facilities, specifying the estimated cost thereof, and stating the Town Board would meet to hear all persons interested in said increase and improvement of facilities on September 25, 2007 at 7:35 o’clock P.M. (Prevailing Time) at the Town Hall, 53095 Main Road, Southold, New York, in the Town; and WHEREAS, a Notice of such public hearing was duly published, posted and mailed pursuant to the provisions of Article 12 of the Town Law; and WHEREAS, such public hearing was duly held by the Town Board on the 25th day of September, 2007 at 7:35 o’clock P.M. (Prevailing Time) at the Town Hall, 53095 Main Road, Southold, New York, with considerable discussion on the matter having been had and all persons desiring to be heard having been heard, including those in favor of and those in opposition to said increase and improvement of such facilities; and WHEREAS, the Town Board, as lead agency, has given due consideration to the impact that the project described herein may have on the environment and has determined that such project constitutes a Type II action pursuant to the State Environmental Quality Review Act (“SEQRA”), constituting Article 8 of the New York Environmental Conservation Law, and 6 N.Y.C.R.R., Regulations Part 617.5 (c)(2), and no further environmental review is required; Now, therefore, on the basis of the information given at such hearing, it is hereby DETERMINED, that it is in the public interest to increase and improve the facilities of the District hereinabove described as the Sewer Improvement, at the estimated maximum cost of $125,000; and it is hereby ORDERED, that the facilities of the District shall be so increased and improved and that the Engineer heretofore retained by the Town Board shall prepare plans and Southold Town Meeting Agenda - September 25, 2007 Page 22 specifications and make a careful estimate of the expense for said increase and improvement of such facilities and, with the assistance of the Town Attorney or the attorney for the District, shall prepare a proposed contract for such increase and improvement of facilities of the District, which plans and specifications, estimate and proposed contract shall be presented to the Town Board as soon as possible; and it is hereby FURTHER ORDERED, that the expense of said increase and improvement of facilities shall be financed by the issuance of $125,000 serial bonds of the Town and the costs of said increase and improvement of facilities, including payment of principal of and interest on said bonds, shall be paid by the assessment, levy and collection of assessments upon the several lots and parcels of land within the District which the Town Board shall deem especially benefited by said facilities, so much upon and from each as shall be in just proportion to the amount of benefit which the improvement shall confer upon the same; and it is hereby FURTHER ORDERED, that the Town Clerk record, or cause to be recorded, a certified copy of this Resolution and Order After Public Hearing in the office of the Clerk of Suffolk County within thirty (30) days after adoption thereof. DATED: September 25, 2007 (SEAL) TOWN BOARD OF THE TOWN OF SOUTHOLD 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 Southold Town Meeting Agenda - September 25, 2007 Page 23 The adoption of the foregoing Resolution and Order was duly put to a vote on roll call, which resulted as follows: Hon. Scott A. Russell, Supervisor voting______________ Louisa P. Evans, Justice voting______________ William P. Edwards, Councilperson voting______________ Thomas H. Wickham, Councilperson voting______________ Daniel C. Ross, Councilperson voting______________ Albert J. Krupski, Jr., Councilperson voting______________ The Resolution and Order was declared adopted. Vote Record - Resolution RES-2007-771 ? 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 2007-772 CATEGORY: Bond DEPARTMENT: Town Clerk Bond for FISD BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED SEPTEMBER 25, 2007, APPROPRIATING $125,000 FOR THE INCREASE AND IMPROVEMENT OF FACILITIES OF THE FISHERS ISLAND SEWER DISTRICT, CONSISTING OF VARIOUS UPGRADES TO THE Southold Town Meeting Agenda - September 25, 2007 Page 24 WASTEWATER PUMP STATION, THE INSTALLATION OF A GENERATOR TO REPLACE THE EXISTING GENERATOR, INSTALLATION OF A PROPANE TANK, INCLUDING THE CONSTRUCTION OF THE FOUNDATION THEREFOR, 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, AND AUTHORIZING THE ISSUANCE OF $125,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION Offered by: Seconded By: Recital WHEREAS, following preparation of a map, plan and report and an estimate of cost for the increase and improvement of facilities of the Fishers Island Sewer District (herein called the “District”), in the Town of Southold (herein called the “Town”), in the County of Suffolk, New York, and after a public hearing duly called and held, the Town Board (herein called “Town Board”) of the Town determined that it is in the public interest to increase and Southold Town Meeting Agenda - September 25, 2007 Page 25 improve the facilities of the District, and ordered that such facilities be so increased and improved; Now, therefore, be it RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK (by the favorable vote of not less than two-thirds of all the members of said Board) AS FOLLOWS: Section 1. The Town hereby appropriates the amount of $125,000 for the increase and improvement of facilities of the 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 therefor, 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 therefore (herein sometimes referred to as “Sewer Improvement”). The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $125,000. The plan of financing includes the issuance of $125,000 bonds of the Town to finance said appropriation and the assessment, levy and collection of assessments upon the several lots and parcels of land within the District which the Town Board shall deem especially benefited by said 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. Section 2. Serial bonds of the Town are hereby authorized to be issued in the principal amount of $125,000 pursuant to the provisions of the Local Finance Law, constituting Southold Town Meeting Agenda - September 25, 2007 Page 26 Chapter 33-a of the Consolidated Laws of the State of New York (herein called “Law”), to finance said appropriation. Section 3. The following additional matters are hereby determined and stated: (a) The period of probable usefulness of the Sewer Improvement, being the specific object or purpose for which said bonds are authorized to be issued, within the limitations of Section 11.00 a. 4 of the Law, is thirty (30) years. (b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution, or for expenditure made prior to the effective date of this resolution if a declaration of intent to issue bonds has been made, for the purpose for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) The proposed maturity of the serial bonds authorized by this resolution will exceed five (5) years. (d) The Town Board, as lead agency, has given due consideration to the impact that the Sewer Improvement may have on the environment and has determined that such project is a Type II Action pursuant to the New York State Environmental Quality Review Act (“SEQRA”), constituting Article 8 of the New York Environmental Conservation Law, and pursuant to 6 N.Y.C.R.R., Regulations Part 617.5 (c)(2), and no further environmental review is required. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of said bonds shall contain the recital of validity Southold Town Meeting Agenda - September 25, 2007 Page 27 prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation said bonds shall be general obligations of the Town, payable as to both principal and interest by a general tax upon all the taxable real property within the Town without limitation as to 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 issued 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, 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 the renewals of said bond anticipation notes, and relative to executing contracts for credit enhancements and providing for substantially level or declining annual debt service, 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 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 Southold Town Meeting Agenda - September 25, 2007 Page 28 (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 resolution shall take effect immediately and the Town Clerk is hereby authorized and directed to publish the foregoing bond resolution, in summary, in Exhibit “A,” substantially the form annexed hereto and made a part hereof and designated in “SUFFOLK TIMES” and “NEWSDAY,” two newspapers each having a general circulation in said Town, which newspapers are hereby designated as the official newspapers of the Town for such publication, together with the Town Clerk’s statutory notice in the form prescribed by Section 81.00 of the Local Finance Law of the State of New York. The adoption of the foregoing Resolution was duly put to a vote on roll call, which resulted as follows: Hon. Scott A. Russell, Supervisor voting______________ Louisa P. Evans, Justice voting______________ William P. Edwards, Councilperson voting______________ Thomas H. Wickham, Councilperson voting______________ Daniel C. Ross, Councilperson voting______________ Albert J. Krupski, Jr., Councilperson voting______________ The Resolution was declared adopted. Southold Town Meeting Agenda - September 25, 2007 Page 29 Vote Record - Resolution RES-2007-772 ? 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 2007-773 CATEGORY: Property Acquisition Purchase DEPARTMENT: Land Preservation Bittner - Elect to Purchase WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of fee title to certain properties owned by Jacqueline Moeller and TMJ Realty Inc. th a/k/a Bittner properties on the 25 day of September, 2007, pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Code of the Town of Southold. Said properties are identified as SCTM #1000-58-1-1, #1000-68-1-17.2, and #1000-68-1-17.3. The total area of the properties is 58± acres. The addresses of the properties are respectively 5415, 4305 & 4305 Soundview Avenue in Peconic. The properties are located in the R-80 zoning district. The properties begin approximately 4300 feet westerly on Soundview Avenue from the intersection of Soundview Avenue and Kenney’s Road in Southold. The combined properties include 1360± feet of road frontage on Soundview Avenue and 1404± feet along Long Island Sound; and, WHEREAS, the proposed acquisition is for the Town, in a 50%/50% partnership with the County of Suffolk, to acquire fee title as tenants in common to the entire 58± acres for open space passive recreational purposes. The exact area of the purchase is subject to survey. The purchase price for the entire 58± acre property is $13,294,000 (thirteen million two hundred ninety-four thousand dollars) plus acquisition costs. The purchase price and acquisition costs will be shared equally by the Town of Southold and County of Suffolk and will be funded by the Town’s Community Preservation Fund and the County of Suffolk Legacy Fund. The Town is eligible for funding from an awarded $1,464,735 (one million four hundred sixty-four thousand seven hundred thirty-five dollar) federal grant from the US National Oceanic and Atmospheric Administration, Coastal Estuarine Land Conservation Program (NOAA/CELCP). The property includes a vacated residential structure and bulkheading; both will be removed in their entirety upon obtaining fee title to these parcels. The County will not be responsible for removal costs of the residential structure; and Southold Town Meeting Agenda - September 25, 2007 Page 30 WHEREAS, the property is listed on the Town’s Community Preservation Project Plan as property that should be preserved for the following purposes: preservation of open space; nature preserve or recreational areas; preservation of undeveloped beachlands or shorelines; and preservation of unique or threatened ecological areas. Uses of the property shall be limited to those consistent with passive recreational uses and shall be designed in accordance with the environmentally significant nature of the property. Proposed uses of the property may include the establishment of a nature preserve and passive recreational area with trails and limited parking for trail access purposes. A Management Plan will be developed for the property; and, WHEREAS, as per Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5, the Land Preservation Coordinator has determined, that due to the nature of the funding for the acquisition, no sanitary flow credits will be available for transfer from the property; and WHEREAS, the purchase of fee title to these properties for open space purposes is in conformance with the provision of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code of the Town of Southold; and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has recommended that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire fee title to this open space acquisition; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase fee title on these properties; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby elects to purchase fee title to certain properties owned Jacqueline Moeller and TMJ Realty Inc. a/k/a Bittner properties pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Code of the Town of Southold. Said properties are Southold Town Meeting Agenda - September 25, 2007 Page 31 identified as SCTM #1000-58-1-1, #1000-68-1-17.2 and #1000-68-1-17.3. The total area of the properties is 58± acres. The addresses of the properties are respectively 5415, 4305 & 4305 Soundview Avenue in Peconic. The properties are located in the R-80 zoning district. The properties begin approximately 4300 feet westerly on Soundview Avenue from the intersection of Soundview Avenue and Kenney’s Road in Southold. The combined properties include 1360± feet of road frontage on Soundview Avenue and 1404± feet along Long Island Sound. The proposed acquisition is for the Town, in a 50%/50% partnership with the County of Suffolk, to acquire fee title as tenants in common to the entire 58± acres for open space passive recreational purposes. The exact area of the purchase is subject to survey. The purchase price for the entire 58± acre property is $13,294,000 (thirteen million two hundred ninety-four hundred thousand dollars) plus acquisition costs. The purchase price and acquisition costs will be shared equally by the Town of Southold and County of Suffolk and will be funded by the Town’s Community Preservation Fund and the County of Suffolk Legacy Fund. The Town is eligible for funding from an awarded $1,464,735 (one million found hundred sixty-four thousand seven hundred thirty-five dollars) federal grant funding from The US National Oceanic & Atmospheric Administration, Coastal Estuarine Land Conservation Program (NOAA/CELCP). The property includes a vacated residential structure and bulkheading; both will be removed in their entirely upon obtaining fee title to these parcels. The County will not be responsible for removal costs of the residential structure. The property is listed on the Town’s Community Preservation Project Plan as property that should be preserved for the following purposes: preservation of open space; nature preserve or recreational areas; preservation of undeveloped beachlands or shorelines; and preservation of unique or threatened ecological areas. Uses of the property shall be limited to those consistent with passive recreational uses and shall be designed in accordance with the environmentally significant nature of the property. Proposed uses of the property may include the establishment of a nature preserve and passive recreational area with trails and limited parking for trail access purposes. A Management Plan will be developed for the property. As per Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5, the Land Preservation Coordinator has determined, that due to the nature of the funding, no sanitary flow credits will be available for transfer from the property. The purchase of fee title to these properties for open space purposes is in conformance with the provision of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code of the Town of Southold. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has recommended that this action is consistent with the LWRP. Southold Town Meeting Agenda - September 25, 2007 Page 32 Vote Record - Resolution RES-2007-773 ? 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 VII. 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. Public Hearing Call to Order FISD Bond 7:35 PM 3. Moeller/Bittner Set Public Hearing, September 25, 2007 7:40 Pm VIII. CLOSING STATEMENTS 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