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HomeMy WebLinkAboutAG-03/25/2008 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 March 25, 2008 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. CALL TO ORDER 7:30 PM Meeting called to order on March 25, 2008 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Present Absent Late Arrival ??? Councilman William Ruland ??? Councilman Vincent Orlando ??? Councilman Albert Krupski Jr. ??? Councilman Thomas H. Wickham ??? Justice Louisa P. Evans ??? Supervisor Scott Russell ??? Town Clerk Elizabeth A Neville ??? Assistant Town Attorney Kieran Corcoran I. REPORTS 1. Recreation Department Monthly Report February 2008 2. Claims Lag Report 3/1/07-2/29/08 3. Supervisors Budget Report January 2008 4. Supervisors Budget Report February 2008 Southold Town Meeting Agenda - March 25, 2008 Page 2 5. Board of Town Trustees February 2008 6. Judge Price February 2008 7. Judge Evans February 2008 II. PUBLIC NOTICES 1. NYSDOT - 50 Mph Speed Zone - Route 25, East Marion - Orient 2. 2008 Spring Cleanup Highway Town-wide Pick up begins April 14 in Orient Free of charge at Transfer Station April 12 through May 11 3. NYS Liquor License Renewal Osprey's Dominion Vineyards, Ltd., 44075 Main Rd., Peconic - Winery License Johnnie's Cutchogue Diner, Inc., Main Rd., Cutchogue - On premises Beer/Wine License III. COMMUNICATIONS 1. Mattituck Cutchogue Little League Thank you to Jim McMahon, Jeff Standish and his crew for renovating the field in Laurel IV. DISCUSSION 1. 9:00 AM - Dave Bergen RFP - Abandoned Mooring 2. 9:15 AM - Jeremy Samuelson, Group for the East End Bay to Sound Stewardship Initiative 3. 9:45 AM - Peter Harris, Jim McMahon Labor Crew Leaders 4. 10:15 AM - Jamie Richter Update on New Suffolk project 5. 10:30 AM - George Sullivan Resolution rejecting portion of Exec. Budget re elimination of Receiver of Taxes as an elective office Southold Town Meeting Agenda - March 25, 2008 Page 3 6. Suffolk Bike/Boat/Bike Event - 2008 7. Colony Pond Water 8. Re-Appointments to Town Committees/Call for Resumes 9. 12:00 Noon - Executive Session Personnel - Police Department Employment 10. 12:30 PM - Executive Session - Bob Scott Litigation - Tax Certiorari Settlements 11. Executive Session Litigation - Commencement of new action in Supreme Court 12. 1:00 PM - Jim Bunchuck Report from Jim Hill, Engineer 13. Deputy At Landfill 14. Proposed CPF Exemption for First-Time Home Buyers per Councilman Orlando MINUTES APPROVAL RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Tuesday, February 26, 2008 ? Vote Record - Acceptance of Minutes for February 26, 2008 7:30 PM Yes/Aye No/Nay Abstain Absent ? ? ? ? William Ruland ???????? Vincent Orlando ? Accepted ?????????? Accepted as Amended Albert Krupski Jr. ?? Tabled ???????? Thomas H. Wickham ???????? Louisa P. Evans ???????? Scott Russell V. RESOLUTIONS 2008-290 CATEGORY: Audit DEPARTMENT: Town Clerk Audit 3/25/08 RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby March 25, 2008. Southold Town Meeting Agenda - March 25, 2008 Page 4 ? Vote Record - Resolution RES-2008-290 Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland ?? Adopted as Amended ???????? Vincent Orlando ?? Defeated ???????? ??Albert Krupski Jr. Tabled ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell 2008-291 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Next Meeting 4/8/08 RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, April 8, 2008 at the Southold Town Hall, Southold, New York at 4:30 P. M.. ? Vote Record - Resolution RES-2008-291 Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland ?? Adopted as Amended ???????? Vincent Orlando ?? Defeated ???????? ??Albert Krupski Jr. Tabled ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell 2008-252 Tabled 2/26/2008 7:30 PM CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Suffolk Bicycle Riders Bike/Boat/Bike 6-1-08 RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Suffolk Bicycle Riders’ Association to use the following Town Roads for their Annual Bike - Boat - Bike event on Sunday, June 1, 2008, beginning at 7:00 a.m. , provided they file with the Town Clerk a One Million Dollar Certificate of Liability Insurance naming the Town of Southold as an additional insured and contact Captain Flatley, upon receipt of this approval, to coordinate traffic control: New Suffolk Avenue, Grathwohl Road, Depot Lane, Mill Road, Soundview Road, Soundview Road Ext., Lighthouse Road, Moores Lane, Albertson Lane, Youngs Avenue, Calves Neck Road, Hill Road, Wells Road, Oaklawn Avenue, Jockey Creek Southold Town Meeting Agenda - March 25, 2008 Page 5 Drive, Ackerly Pond Lane, North Bayview Road, Main Bayview Road, Cedar Avenue, Cedar Beach Road, Bridge Lane, Oregon Road, Wickham Avenue, Westphalia Road, Sound Avenue, and Factory Lane. Support is for this year only as the Town Board continues to evaluate the use of town roads. ? Vote Record - Resolution RES-2008-252 Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland ?? Adopted as Amended ???????? ??Vincent Orlando Defeated ???????? ??Albert Krupski Jr. Tabled ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell 2008-292 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification 2007 Health Plan Fiscal Impact: Administration of Medicare Part D was not included in the 2007 budget as the costs associated with administration of this new Federal program were not known at the time the 2007 budget was prepared. Revenues more than offset this expense. Medical Claims for the year ending December 31, 2007 exceeded the 2007 budget by about $125,000, and are the result of higher than expected usage and several severe, hence costly illnesses. RESOLVEDmodifies the 2007 that the Town Board of the Town of Southold hereby Employee Health Benefit Plan Fund budget as follows: Appropriations: From: MS.1910.4.000.000 Insurance $ 5,000.00 MS.1989.4.000.000 Medicare Reimbursement 13,000.00 To: MS.8686.4.000.100 Medicare Part D Administration $ 4,800.00 MS.9060.8.000.000 Medical Benefits 125,000.00 Revenues: To: MS.2401.00 Interest & Earnings $ 9,000.00 MS.2680.00 Insurance Recoveries 3,300.00 Southold Town Meeting Agenda - March 25, 2008 Page 6 MS.2700.00 Medicare D Reimbursement 32,000.00 MS.2709.00 Retiree/COBRA Contributions 9,000.00 MS.5031.00 Interfund Transfers 40,449.00 MS.5990.00 Appropriated Fund Balance 18,051.00 ? Vote Record - Resolution RES-2008-292 Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland ?? Adopted as Amended ???????? Vincent Orlando ?? Defeated ?????????? Tabled Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell 2008-293 CATEGORY: Retirement/Resignation DEPARTMENT: Accounting Georgia Rudder Intent to Retire RESOLVEDaccepts with regret the that the Town Board of the Town of Southold hereby letter of intent to retire of Georgia F. Rudder from the position of Secretarial Assistant in the Building Department , effective May 30, 2008. ? Vote Record - Resolution RES-2008-293 Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland ?? Adopted as Amended ???????? Vincent Orlando ?? Defeated ???????? ??Albert Krupski Jr. Tabled ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell 2008-294 CATEGORY: Budget Modification DEPARTMENT: Police Dept Budget Modification - Police Fiscal Impact: Several tow fees and fuel bills were submitted late by the vendors after the year end adjustment of 2007 budget thereby causing these overextended lines which needed to be balanced. RESOLVEDmodifies the 2007 that the Town Board of the Town of Southold hereby Police Whole Town budget as follows: Southold Town Meeting Agenda - March 25, 2008 Page 7 From: A.3120.2.200.200 Chairs $656.00 A.3120.4.100.100 Office Supplies & Station 280.92 A.3120.4.100.550 Flares, Oxygen, Ammunition 105.00 A.3120.4.100.600 Uniforms & Accessories 631.86 A.3120.4.100.900 Miscellaneous Supplies 54.37 A.3130.4.100.500 Equipment Parts/Supplies 339.80 $2067.95 To: A.3120.4.400.700 Vehicle Impound $1728.15 A.3130.4.100.200 Gasoline & Oil 339.80 $2067.95 ? Vote Record - Resolution RES-2008-294 Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland ?? Adopted as Amended ???????? ??Vincent Orlando Defeated ?????????? Tabled Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell 2008-295 CATEGORY: Attend Seminar DEPARTMENT: Police Dept Rescind Resolution No. 2008-259 Adopted At the March 11, 2008 Meeting RESOLVED that the Town Board of the Town of Southold hereby rescinds Resolution No. 2008-259 adopted at the March 11, 2008 Town Board meeting due to the cancellation of the course. ? Vote Record - Resolution RES-2008-295 Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland ?? Adopted as Amended ???????? ??Vincent Orlando Defeated ?????????? Tabled Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell 2008-296 CATEGORY: Attend Seminar DEPARTMENT: Police Dept Southold Town Meeting Agenda - March 25, 2008 Page 8 Request to Send Dive Team Members to Dive Rescue I Training At Orient Fire Department In April RESOLVED grants permission to Police that the Town Board of the Town of Southold hereby Officer Richard Buonaiuto, Police Officer Roman Wilinski, Senior Bay Constable Donald Dzenkowski and Bay Constable John Kirincic (as tender) to attend a seminar on Dive Rescue I at the Orient Fire Department, Orient, NY commencing on Friday, April 18 through Monday, April 20, 2008. All expenses for registration to be a legal charge to the 2008 Police Budget Training Line - A.3120.4.600.200. ? Vote Record - Resolution RES-2008-296 Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland ?? Adopted as Amended ???????? Vincent Orlando ?? Defeated ?????????? Tabled Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell 2008-297 CATEGORY: Attend Seminar DEPARTMENT: Building Department Attend Seminar - Building Dept RESOLVED grants permission to that the Town Board of the Town of Southold hereby Building Permits Examiner Patricia Conklin, Building Inspector Gary Fish, Fire Inspector Robert Fisher, Building Inspector George Gillen and Chief Building Inspector Michael Verity to attend a seminar on Wood Structural Panel Basics and Engineered Wood Products in Lindenhurst, New York, on March 26, 2008. All expenses for registration, travel and lodging (if necessary) to be a legal charge to the 2008 Building Department budget (meetings and seminars). ? Vote Record - Resolution RES-2008-297 Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland ?? Adopted as Amended ???????? ??Vincent Orlando Defeated ?????????? Tabled Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell Southold Town Meeting Agenda - March 25, 2008 Page 9 2008-298 CATEGORY: Attend Seminar DEPARTMENT: Data Processing 2008 LI/NYC Emergency Management Conference RESOLVED grants permission to Chief that the Town Board of the Town of Southold hereby Cochran, Lloyd Reisenberg, Ed Forrester and Karen McLaughlin to attend a seminar from May 28 to May 29 in Huntington NY , 2008. All expenses for registration, travel and lodging (if necessary) to be a legal charge to the 2008 Emergency Management budget (meetings and seminars). ? Vote Record - Resolution RES-2008-298 Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland ?? Adopted as Amended ???????? ??Vincent Orlando Defeated ?????????? Tabled Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell 2008-299 CATEGORY: Employment - Town DEPARTMENT: Accounting Set Salary of Pump-Out Boat Operator RESOLVEDsets the salary for Seasonal that the Town Board of the Town of Southold hereby pump-out boat operator for the Trustees, at a rate of $14.00 per hour, effective May 1, 2008. ? Vote Record - Resolution RES-2008-299 Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland ?? Adopted as Amended ???????? Vincent Orlando ?? Defeated ???????? ??Albert Krupski Jr. Tabled ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell 2008-300 CATEGORY: Public Service Southold Town Meeting Agenda - March 25, 2008 Page 10 DEPARTMENT: Highway Department Spring Cleanup 2008 RESOLVEDauthorizes that the Town Board of the Town of Southold hereby the acceptance of residential leaves and brush at the Southold Town Compost facility, free of charge, for four (4) weeks in connection with the Spring Cleanup for the year 2008 starting Saturday, April 12, 2008, through Sunday, May 11, 2008 ; and be it FURTHER RESOLVED that the Town Board hereby extends the waiver of such fees to commercial entities carrying leaves and brush from residential properties (located within the Town) during that period; and be it FURTHER RESOLVED that the Highway Department Spring Cleanup will commence on Monday, April 14, 2008, in ORIENT POINT and end at LAUREL; and be it FURTHER RESOLVED that the Fishers Island Spring Cleanup will also commence on Monday, April 14, 2008. ? Vote Record - Resolution RES-2008-300 Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland ?? Adopted as Amended ???????? Vincent Orlando ?? Defeated ?????????? Tabled Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell 2008-301 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Multiple Sclerosis Bike MS150 RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Southold Town Meeting Agenda - March 25, 2008 Page 11 National Multiple Sclerosis Society to use the following roads for its Annual MS 150 Twin Forks Bide Tour on September 13-14, 2008 : Soundview Avenue, Southold and Peconic; Mill Lane and Peconic Lane, Peconic; New Suffolk Road, New Suffolk; New Suffolk Avenue, Mattituck; Bay Avenue and Peconic Bay Blvd., Mattituck and Laurel, 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, upon receipt of a certified copy of this resolution, to coordinate traffic control. Support is for this year only as the Town Board continues to evaluate the use of town roads. ? Vote Record - Resolution RES-2008-301 Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland ?? Adopted as Amended ???????? ??Vincent Orlando Defeated ???????? ??Albert Krupski Jr. Tabled ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell 2008-302 CATEGORY: Refund DEPARTMENT: Planning Board Refund Park & Playground Fee - Marco Fiscal Impact: Applicant withdrew application for Conservation Subdivision and Planning Board reccommends return of Park & Playground fee RESOLVED that the Town Board of the Town of Southold, on the recommendation of the grants a refund in the amount of $24,500.00 to Philip Southold Town Planning board, hereby and Patricia Marco for Park and Playground fees that were received. ? Vote Record - Resolution RES-2008-302 Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland ?? Adopted as Amended ???????? Vincent Orlando ?? Defeated ???????? ??Albert Krupski Jr. Tabled ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell 2008-303 CATEGORY: Contracts, Lease & Agreements Southold Town Meeting Agenda - March 25, 2008 Page 12 DEPARTMENT: Community Development 2008 Shellfish Program - Cornell RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an n Agreement with Cornell Cooperative Extension in connection with the 2008 Southold Town Shellfish Program, in the amount of $18,000 for the term January 1, 2008 through December 31, 2008, all in accordance with the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-303 Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland ?? Adopted as Amended ???????? ??Vincent Orlando Defeated ?????????? Tabled Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell 2008-304 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Community Development Flora & Fauna Inventories RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an Agreement with Cornell Cooperative Extension, for flora & fauna inventories, as part of the Management Plans, for properties purchased by the Town of Southold, as part of the Town of Southold’s Community Preservation Program, in the amount of $30,000.00, all in accordance with the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-304 Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland ?? Adopted as Amended ???????? Vincent Orlando ?? Defeated ?????????? Tabled Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell 2008-305 CATEGORY: Contracts, Lease & Agreements Southold Town Meeting Agenda - March 25, 2008 Page 13 DEPARTMENT: Recreation Hire Spring Recreation Program Instructors RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an agreement with the following individuals for the spring 2008 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 2008 instructor line A7020.4.500.420. Lynda Agrusso (guitar)................................................................ $30/hour John Crosser (Youth Basketball Program)……………………….. $15/hour Kathleen Tergesen (Girls Youth Basketball Program)………….. $15/hour ? Vote Record - Resolution RES-2008-305 Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland ?? Adopted as Amended ???????? Vincent Orlando ?? Defeated ?????????? Tabled Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell 2008-306 CATEGORY: Employment - Town DEPARTMENT: Accounting Hire Diane K. Gatz As PT Home Health Aide RESOLVEDappoints Diane K. Gatz to that the Town Board of the Town of Southold hereby the position of a Part-time Home Health Aide for the Human Resource Center, effective March 26, 2008, at a rate of $12.56 per hour. ? Vote Record - Resolution RES-2008-306 Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland ?? Adopted as Amended ???????? ??Vincent Orlando Defeated ?????????? Tabled Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell 2008-307 Southold Town Meeting Agenda - March 25, 2008 Page 14 CATEGORY: Committee Appointment DEPARTMENT: Human Resource Center Appontment of HRC Staff to NYS Advisory Council on Long Term Care RESOLVED that the Town Board of the Town of Southold hereby grants permission for Jean DeLorme to accept an appointment to the newly established New York State Long NY Connects Term Care Advisory Council . As a stakeholder on the committee Mrs. DeLorme will represent Southold Town in the Council’s efforts to restructure long term care services in New York State. The Downstate Advisory Council meetings will be held quarterly in New York City and all expenses for travel and lodging (if necessary) will be reimbursed by the State Office for Aging. ? Vote Record - Resolution RES-2008-307 Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland ?? Adopted as Amended ???????? ??Vincent Orlando Defeated ?????????? Tabled Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell 2008-309 CATEGORY: Attend Seminar DEPARTMENT: Town Attorney Grants Permission to Assistant Town Attorney Lori M. Hulse to Attend the Seminar Entitled “Criminal Law & Procedure Update” At Bridgehampton National Bank In Bridgehampton, New York RESOLVEDgrants permission to that the Town Board of the Town of Southold hereby Assistant Town Attorney Lori M. Hulse to attend the Seminar entitled “Criminal Law & Procedure Update” at Bridgehampton National Bank in Bridgehampton, New York , on March 27, 2008. All expenses for registration and travel are to be a charge to the 2008 Town Attorney budget. ? Vote Record - Resolution RES-2008-309 Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland ?? Adopted as Amended ???????? Vincent Orlando ?? Defeated ???????? ??Albert Krupski Jr. Tabled ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell 2008-310 Southold Town Meeting Agenda - March 25, 2008 Page 15 CATEGORY: Misc. Public Hearing DEPARTMENT: Town Clerk Set Tuesday, April 8, 2008 At 4:40 P.M., Southold Town Hall, 53095 Main Road, Southold, New York As the Time and Place for a Public Hearing to Consider the Designation of the Vail/Scopaz House on the Town’s Register of Historic Landmarks RESOLVED that pursuant to the provisions of Chapter 170 (Landmark Preservation) of the Tuesday, April 8, 2008 at Town Code, the Town Board of the Town of Southold hereby sets 4:40 P.M., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing to consider the designation of the Vail/Scopaz house on the town’s register of Historic Landmarks; the house is located at SCTM 1000-63-6-16, 56755 Main Road, Southold, New York . The property owner has requested and the Historic Preservation Commission has recommended the property for inclusion on the town’s register ? Vote Record - Resolution RES-2008-310 Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland ?? Adopted as Amended ???????? Vincent Orlando ?? Defeated ?????????? Tabled Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell 2008-312 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint Seasonal School Crossing Guard RESOLVEDappoints Deborah A. that the Town Board of the Town of Southold hereby Doucette to the seasonal position of School Crossing Guard for the Police Department on Fishers Island, effective immediately, at a rate of $34.29 per day. ? Vote Record - Resolution RES-2008-312 Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland ?? Adopted as Amended ???????? ??Vincent Orlando Defeated ?????????? Tabled Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell Southold Town Meeting Agenda - March 25, 2008 Page 16 2008-313 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney Set 4/22/08 7:25Pm for a Public Hearing Re: a Local Law In Relation to Dormers on Accessory Landmarked Buildings WHEREAS , there has been presented to the Town Board of the Town of Southold, Suffolk th “A Local Law in County, New York, on the 25 day of March, 2008, a Local Law entitled relation to Dormers on Accessory Landmarked Buildings” now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 22nd day of April, 2008 at 7:35 p.m. at which time all interested persons will be given an opportunity to be heard. “A Local Law in relation to Dormers on Accessory The proposed Local Law entitled Landmarked Buildings” reads as follows: LOCAL LAW NO. 2008 “A Local Law in relation to Dormers on Accessory Landmarked A Local Law entitled, Buildings”. BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - The purpose of this Local Law is to exempt historic accessory buildings that have received a “Certificate of Appropriateness”, pursuant to Chapter 170 of the Town Code, from the restriction on dormers. Additionally, this Local Law corrects a misnumbered code section reference in Chapter 280. II. Chapter 280, Zoning, of the Code of the Town of Southold is hereby amended as follows: §280-15. Accessory buildings and structures. In the Agricultural-Conservation District and Low-Density Residential R-80, R-120, R- 200 and R-400 Districts, accessory buildings and structures or other accessory uses shall be Southold Town Meeting Agenda - March 25, 2008 Page 17 located in the required rear yard, subject to the following requirements: A. Buildings with a flat or mansard roof shall not exceed 16 feet in height and shall be set back at the minimum required for a sloping roof. B. Buildings with a sloping roof shall be subject to the following height and setback limitations: Lot Size (square feet) Maximum Height (feet) Minimum Setback for Side and/or Rear Yard (feet) Less than 10,000 18 3 Less than 10,000 20 5 Less than 10,000 22 10 10,000 - 19,999 18 5 10,000 - 19,999 20 15 10,000 - 19,999 22 20 20,000 - 39,999 18 10 20,000 - 39,999 20 15 20,000- 39,999 22 20 40,000 - 59,999 22 15 60,000 -79,999 22 20 80,000 and over 22 25 Such buildings shall not exceed 660 square feet on lots containing up to 20,000 C. square feet and shall not exceed 750 square feet on lots 20,000 square feet to 60,000 square feet. On lots over 60,000 square feet, no accessory building shall exceed 3% of the total size of the parcel. D. Dormers are permitted on accessory buildings up to 40% of the roof width. This restriction shall not apply to buildings receiving a certificate of appropriateness from the Town of Southold Historic Preservation Commission pursuant to Chapter 170 of the Town Code. E. Any accessory structure that is not a building shall not exceed 18 feet in height and shall be set back at the minimum required in Subsection B above. F. In the case of a waterfront parcel, accessory buildings and structures may be located in the front yard, provided that such buildings and structures meet the front-yard principal setback requirements as set forth by this Code, and the side yard setback requirements for accessory buildings in Subsection B above. III. Chapter 280, Zoning, of the Code of the Town of Southold is hereby amended as follows: §280-48. Use regulations. A. Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1), (12) and (13) hereof, are subject to site plan approval by the Planning Board: (2) Any permitted use set forth in and regulated by §280-91 45A(3) to (22) of the Hamlet Business District, except Subsection A(7) as applicable in the Business District is herein modified as follows: IV. 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. Southold Town Meeting Agenda - March 25, 2008 Page 18 V. EFFECTIVE DATE This Local Law shall take effect immediately after filing with the Secretary of State as provided by law. ? Vote Record - Resolution RES-2008-313 Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland ?? Adopted as Amended ???????? ??Vincent Orlando Defeated ???????? ??Albert Krupski Jr. Tabled ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell 2008-314 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney PH 4/22/08 At 7:40Pm a Local Law In Relation to Dog and Cat Care Facilities In the Limited Business Zone WHEREAS, there has been presented to the Town Board of the Town of Southold, “A Suffolk County, New York, on the 25th day of March, 2008 a Local Law entitled Local Law in relation to Dog and Cat Care Facilities in the Limited Business Zone” now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New nd 22 day of April, 2008 at 7:40 p.m. York, on the at which time all interested persons will be given an opportunity to be heard. “A Local Law in relation to Dog and Cat Care The proposed Local Law entitled, Facilities in the Limited Business Zone” reads as follows: LOCAL LAW NO. 2008 Southold Town Meeting Agenda - March 25, 2008 Page 19 “A Local Law in relation to Dog and Cat Care Facilities in A Local Law entitled, the Limited Business Zone” . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - In order to promote a greater variety of commercial uses in existing real property in the Limited Business zone, the Town Board finds it appropriate to allow for a Dog and Cat Care Facility as a permitted use, provided that all activity is conducted inside the facility, that sanitary conditions comply with all relevant regulations and . adequate parking is provided II. Chapter 280, Zoning, of the Code of the Town of Southold is hereby amended as follows: § 280-4. Definitions. B. INDOOR DOG AND CAT CARE FACILITY - a facility that provides dog and cat care services including, but not limited to, grooming, day care, overnight care, obedience training, and accessory retail sales of pet products, inside a building. All dogs and cats must be kept inside the building at all times, except for transfer to and from transportation. No outdoor kennels or pens are permitted at such facility, and all dogs and cats must be controlled at all times to prevent their escape or trespass onto neighboring properties. Animal waste must be disposed of in a manner that will not pollute groundwater or cause odors to leave the premises, and in accordance with the applicable Town, county or state regulations. The building must be insulated to minimize noise, such as dogs barking, that may be heard from neighboring properties. § 280-40. Purpose. The purpose of the Limited Business (LB) District is to provide an opportunity to accommodate limited business activity along highway corridors, but in areas outside the hamlet central business areas, that is consistent with the rural and historic character of surrounding areas and uses. Emphasis will be placed on review of design features so that existing and future uses will not detract from surrounding uses. The additional uses must generate low amounts of traffic and be designed to protect the residential and rural character of the area. § 280-41. Use regulations. In the LB District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: Southold Town Meeting Agenda - March 25, 2008 Page 20 A. Permitted uses. The following uses are permitted uses. All permitted uses except single-family and owner-occupied two-family residences require site plan approval. (1) Any permitted use as set forth in and regulated by § 280-13A of the Agricultural-Conservation District except wineries, which shall be as set forth in Subsection A(9) below. (2) Retail businesses complementary to the rural and historic character of the surrounding area, limited to the following: (a) Custom workshops and machine shops; (b) Wholesale or retail sale and accessory storage and display of garden materials and plants, including nursery operations, provided that the outdoor storage or display of plants and materials does not obstruct pedestrian flow or vehicular traffic and does not occur within three feet of the property line. (c) Libraries or museums. (3) Professional and business offices. (4) Funeral homes. (5) Restaurants, except drive-in restaurants or formula restaurants. (6) Repair shops for household, business or personal appliances, including cabinet shops, carpenter shops, electrical shops, plumbing shops, furniture repair shops and bicycle and motorcycle shops, landscaping and other service businesses. (7) Hotels. (8) Retail uses supplemental to the service business establishment. (9) Wineries which meet the following standards: (a) Wineries shall be a farm winery licensed under New York State law from which wine made from primarily Long Island grapes is produced and sold. (b) Wineries shall obtain site plan approval. (c) Wineries shall have retail sales on site. (10) Bed-and-breakfast uses as set forth in and as regulated by §280-13B(14). (11) Private warehousing. (12) Indoor dog and cat care facilities. § 280-78. Off-street parking areas. Type of Use Required Number of Parking Spaces Indoor dog and cat care facilities 1 space per 400 feet of gross floor area Southold Town Meeting Agenda - March 25, 2008 Page 21 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 after filing with the Secretary of State as provided by law. ? Vote Record - Resolution RES-2008-314 Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland ?? Adopted as Amended ???????? Vincent Orlando ?? Defeated ???????? ??Albert Krupski Jr. Tabled ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell 2008-315 CATEGORY: Legislation DEPARTMENT: Town Attorney Authorizes and Directs the Town Clerk to Forward the Proposed Local Law Entitled, “A Local Law In Relation to Dormers on Accessory Landmarked Buildings”, to the Southold Town Planning Board and the Suffolk County Planning Commission for Comments and Recommendations. RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to forward the proposed Local Law entitled, “A Local Law in relation to Dormers on Accessory Landmarked Buildings”, to the Southold Town Planning Board and the Suffolk County Planning Commission for comments and recommendations. ? Vote Record - Resolution RES-2008-315 Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland ?? Adopted as Amended ???????? ??Vincent Orlando Defeated ?????????? Tabled Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell Southold Town Meeting Agenda - March 25, 2008 Page 22 2008-316 CATEGORY: Legislation DEPARTMENT: Town Attorney Authorizes and Directs the Town Clerk to Forward the Proposed Local Law Entitled, “A Local Law In Relation to Dog and Cat Care Facilities In the Limited Business Zone,” to the Southold Town Planning Board and the Suffolk County Planning Commission for Comments and Recommendations. RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to forward the proposed Local Law entitled, “A Local Law in relation to Dog and Cat Care Facilities in the Limited Business Zone,” to the Southold Town Planning Board and the Suffolk County Planning Commission for comments and recommendations. ? Vote Record - Resolution RES-2008-316 Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland ?? Adopted as Amended ???????? ??Vincent Orlando Defeated ?????????? Tabled Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell 2008-317 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Reappoint Jean LePre, Eleanor Lingo and Carolyn G. Peabody to the Anti-Bias Task Force RESOLVEDreappoints Jean LePre, that the Town Board of the Town of Southold hereby Eleanor Lingo and Carolyn G. Peabody Anti-Bias Task Force to the, effective through March 31, 2011. ? Vote Record - Resolution RES-2008-317 Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland ?? Adopted as Amended ???????? Vincent Orlando ?? Defeated ?????????? Tabled Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell 2008-318 CATEGORY: Committee Appointment Southold Town Meeting Agenda - March 25, 2008 Page 23 DEPARTMENT: Town Clerk Reappoint Donald Wilder and Charles D. Hardy to the Conservation Advisory Council and Appoint Scott Worth to a Student Position RESOLVEDDonald Wilder that the Town Board of the Town of Southold hereby reappoints and Charles D. Hardy Conservation Advisory Council to the, effective through March 31, Scott Worth to a Student Position 2011 and appoint on the Conservation Advisory Council, effective through March 31, 2011. ? Vote Record - Resolution RES-2008-318 Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland ?? Adopted as Amended ???????? Vincent Orlando ?? Defeated ???????? ??Albert Krupski Jr. Tabled ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell 2008-319 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Reappoint Elbert M. Burr, Jr., Marquerite Purnell and Mike Posey to the Fishers Island Harbor Committee RESOLVEDreappoints Elbert M. Burr, that the Town Board of the Town of Southold hereby Jr., Marquerite Purnell and Mike Posey Fishers Island Harbor Committee to the, effective through March 31, 2013. ? Vote Record - Resolution RES-2008-319 Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland ?? Adopted as Amended ???????? Vincent Orlando ?? Defeated ?????????? Tabled Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell 2008-320 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Reappoint Ronald R. Rossi and James Grathwohl to the Historic Preservation Commission Southold Town Meeting Agenda - March 25, 2008 Page 24 RESOLVEDreappoints Ronald R. Rossi that the Town Board of the Town of Southold hereby and James GrathwohlHistoric Preservation Commission to the , effective through March 31, 2012. ? Vote Record - Resolution RES-2008-320 Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland ?? Adopted as Amended ???????? Vincent Orlando ?? Defeated ?????????? Tabled Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell 2008-321 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Reappoint Jennifer Gould, Donald Leslie Jr., and Margaret Minichini to the Housing Advisory Commission RESOLVEDreappoints Jennifer Gould, that the Town Board of the Town of Southold hereby Donald Leslie Jr., and Margaret Minichini Housing Advisory Commission to the, effective through March 31, 2011. ? Vote Record - Resolution RES-2008-321 Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland ?? Adopted as Amended ???????? Vincent Orlando ?? Defeated ?????????? Tabled Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell 2008-322 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Reappoint Lorne Brousseau, Robert Ghosio, Jill Doherty, James King, James McMahon, James Richter and Peter Harris to the Storm Water Runoff Committee RESOLVEDreappoints Lorne that the Town Board of the Town of Southold hereby Brousseau, Robert Ghosio, Jill Doherty, James King, James McMahon, James Richter and Southold Town Meeting Agenda - March 25, 2008 Page 25 Peter Harris Storm Water Runoff Committee to the, effective through March 31, 2009. ? Vote Record - Resolution RES-2008-322 Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland ?? Adopted as Amended ???????? Vincent Orlando ?? Defeated ?????????? Tabled Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell 2008-323 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Reappoint Margaret Brown and Frank Field to the Transportation Commission RESOLVEDreappoints Margaret that the Town Board of the Town of Southold hereby Brown and Frank Field Transportation Commission to the, effective through March 31, 2011. ? Vote Record - Resolution RES-2008-323 Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland ?? Adopted as Amended ???????? ??Vincent Orlando Defeated ?????????? Tabled Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell 2008-324 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Reappoint Ann Trimble and Derek Bossen to the Tree Committee RESOLVEDreappoints Ann Trimble that the Town Board of the Town of Southold hereby and Derek Bossen Tree Committee to the, effective through March 31, 2011. Southold Town Meeting Agenda - March 25, 2008 Page 26 ? Vote Record - Resolution RES-2008-324 Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland ?? Adopted as Amended ???????? Vincent Orlando ?? Defeated ???????? ??Albert Krupski Jr. Tabled ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell 2008-325 CATEGORY: Advertise DEPARTMENT: Town Clerk Advertise for Resumes for Various Committees/Boards/Commissions RESOLVED the Town Board of the Town of Southold hereby authorizes and directs the Town advertise for resumes for the following committees/boards/commissions Clerk to : Agricultural Advisory Committee Anti-Bias Task Force Architectural Review Committee Board of Ethics Land Preservation Committee Parks, Beaches and Recreation Committee Stormwater Runoff Committee ? Vote Record - Resolution RES-2008-325 Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland ?? Adopted as Amended ???????? ??Vincent Orlando Defeated ?????????? Tabled Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell 2008-326 CATEGORY: Seqra DEPARTMENT: Town Attorney Accepts the Proposal of L.K. McLean Associates, P.C. Dated March 3, 2008 RESOLVEDaccepts the Proposal of that the Town Board of the Town of Southold hereby L.K. McLean Associates, P.C. dated March 3, 2008 , relating to the preparation of bid documents for the removal of abandoned moorings in Town waters. Southold Town Meeting Agenda - March 25, 2008 Page 27 ? Vote Record - Resolution RES-2008-326 Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland ?? Adopted as Amended ???????? Vincent Orlando ?? Defeated ???????? ??Albert Krupski Jr. Tabled ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell 2008-327 CATEGORY: Litigation DEPARTMENT: Town Attorney Authorizes and Directs the Town Attorney’s Office to Commence an Action In Supreme Court, Suffolk County, Against Cheng Kai Yu RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Attorney’s Office to commence an action in Supreme Court, Suffolk County, against Cheng Kai Yu to direct Mr. Yu to remove the stairs, pallets and stones that are on the bluff and beach. ? Vote Record - Resolution RES-2008-327 Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland ?? Adopted as Amended ???????? ??Vincent Orlando Defeated ?????????? Tabled Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell 2008-328 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Expresses Support for the Draft Grant Proposal to be Submitted by the Group for the East End to the County of Suffolk for the Bay to Sound Stewardship Initiative RESOLVED expresses support for the draft that the Town Board of the Town of Southold grant proposal to be submitted by the Group for the East End to the County of Suffolk for the Bay to Sound Stewardship Initiative , in proposed cooperation with the Village of Greenport and the County of Suffolk for natural resources inventories mapping and cleanup, and public access initiatives. Southold Town Meeting Agenda - March 25, 2008 Page 28 ? Vote Record - Resolution RES-2008-328 Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland ?? Adopted as Amended ???????? Vincent Orlando ?? Defeated ???????? ??Albert Krupski Jr. Tabled ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell 2008-329 CATEGORY: Legal DEPARTMENT: Town Attorney Authorizing Comprise and Settlement of Tax Certiorari Proceedings Against Town of Southold WHEREAS , tax certiorari proceedings were commenced against the Town of Southold by petitioners seeking reductions in the assessment for certain properties for various certain tax years as more fully set forth in the schedule on file with this resolution in the Town Clerk’s records; and WHEREAS , Scott DeSimone PLLC, Special Counsel for the Town has recommended settlement of these proceedings as set forth in the schedule; and WHEREAS , the proposed settlements implementing reductions in assessment appear to be just, reasonable, and in the best interests of the Town of Southold; NOW THEREFORE BE IT RESOLVED , the Town Board hereby authorizes Special Counsel for the Town to procure any papers necessary to effectuate such settlements and execute the same; and be it further RESOLVED , the Town Clerk be and is hereby directed to forward a copy of this resolution and schedule to the Board of Assessors, the Town Attorney and Scott DeSimone PLLC, Special Counsel. ? Vote Record - Resolution RES-2008-329 Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland ?? Adopted as Amended ???????? Vincent Orlando ?? Defeated ???????? ??Albert Krupski Jr. Tabled ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell 2008-330 CATEGORY: Support Resolution Southold Town Meeting Agenda - March 25, 2008 Page 29 DEPARTMENT: Town Attorney Receivers of Taxes WHEREAS, the State of New York determines the manner in which municipal government is structured and officials are selected, having vested in the citizens of Suffolk County’s towns the power to elect Receivers of Taxes; and WHEREAS, Receivers of Taxes coordinate functions in a manner that currently provides for economies of scale while simultaneously providing an independent, effective and responsive structure that guarantees public confidence in the annual warrant of more than $4.5 billion in property taxes on almost 600,000 discrete parcels; and WHEREAS, in addition to accuracy of tax warrants upon which taxes are billed, Receivers of Taxes are liable for the sums held in their care and for timely disbursement to the various county, town, village, school district and special district service providers; and WHEREAS, elective office is the best way to guarantee the independence of officials with such authority and the Town – and not the County – is the most efficient level to collect, reconcile and distribute property taxes among municipal entities within a region of Suffolk’s size and complexity; and WHEREAS, the Town Board is opposed to both the elimination of the right to elect Receivers of Taxes and attempts to transfer the function of the Receiver from the Town to the County; and WHEREAS, supporting this proposed Act is an action as defined by 6 NYCRR §617.2(b), and therefore no further SEQRA review is required. NOW, THEREFORE, BE IT RESOLVEDurges the Suffolk County , that the Town Board of the Town of Southold hereby Southold Town Meeting Agenda - March 25, 2008 Page 30 delegation to the New York State Senate and New York State Assembly to reject provisions in the 2008 New York State Executive Budget (S.6806/A.9806, Part T) that would terminate the right of the Towns’ citizens to elect their Receiver of Taxes or allow transfer of the Receiver function to the County, or alternatively, for the Towns’ citizens to make such decisions for themselves ; and be it further RESOLVEDdirects the Town Clerk to , that the Town Board of the Town of Southold hereby forward certified copies of this resolution to Governor David Paterson and the Suffolk County delegations to the New York State Senate and the New York State Assembly. ? Vote Record - Resolution RES-2008-330 Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland ?? Adopted as Amended ???????? Vincent Orlando ?? Defeated ?????????? Tabled Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell 2008-331 CATEGORY: Budget Modification DEPARTMENT: Town Clerk Budget Mod - Abandoned Mooring Proposal Fiscal Impact: Trustee Bergen reports on a charge that the Town Board gave him last year concerning the removal of abandoned moorings in Town Creeks. No money was budgeted because it was believed the project would pay for itself through contractors pulling up the moorings to salvage materials. It was not the case and it is to difficult to determine how many moorings must be removed and their condition in order to advertise for bids. J. Richter is unable to handle the RFP for removal of abandoned moorings in RESOLVEDmodifies the 2008 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: From: A.1990.4.100.100 Contingent, C.E. Unallocated Contingencies $1870.00 To: A.8090.4.500.400 Trustees, C.E. Consultants – Prepare RFP Southold Town Meeting Agenda - March 25, 2008 Page 31 Abandoned Moorings $1870.00 ? Vote Record - Resolution RES-2008-331 Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland ?? Adopted as Amended ???????? Vincent Orlando ?? Defeated ?????????? Tabled Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ADJOURN MEETING 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