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Home My WebLink AboutAG-04/22/2008 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 April 22, 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 April 22, 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. Trustees Monthly Report March 2008 2. Town Clerk Monthly Report March 2008 3. Budget Report Month ended March 31, 2008 4. Animal Shelter February 2008 March 2008 Southold Town Meeting Agenda - April 22, 2008 Page 2 5. Justice Evans March 2008 II. PUBLIC NOTICES 1. Application to Army Corps of Engineers Pirate’s Cove Marina, Fishers Island, to expand an existing 2.5’ wide 31’ long straddle hoist pier. 2. Application to Army Corps of Engineers Fishers Island Yacht Club, Fishers Island to remove existing float and replace with a concrete float with finger floats, add a pier extension and deck. 3. New Liquor License Application Top Fork Foods, 240 Love Lane, Mattituck 4. Liquor License Renewals with NYS Liquor Authority Fishers Island Yacht Club, Inc., Fishers Island - Summer liquor license Castello di Borghese LLC., 17150 County Rd 48, Cutchogue 5. Town of Riverhead Zoning Ordinance III. COMMUNICATIONS IV. DISCUSSION 1. 9:00 A.M. - TDR Group Final Report - TDR Feasibility Study 9:45 Pm - Jamie Richter DOT Transportation Grant 2. 10:00 A.M. - George Sullivan, Lloyd Reisenberg Tax Collection Software 3. 10:30 A.M. Phillip Beltz 2008 Rental Guidelines and Home Sales Prices 4. Request for Facilities At Laurel Lake Fields 5. Fees for Use of Town Fields 6. Moratorium on Docks Southold Town Meeting Agenda - April 22, 2008 Page 3 7. Requests to Waive 30-Day Notification for Liquor Licenses Blue Dolphin Motel Aepos Corp. 8. Visit to Fishers Island - May 16? 9. Request From Island Community Board 10. Code Committee Meeting Agenda - April 24 - Farmstand Code - Other 11. Appointment to North Shore Heritage Trail Board 12. 1:00 P.M. - Melissa Spiro - Executive Session Property Acquisition 13. Executive Session Work History of Particular Employee 14. Executive Session Selection of Senior Planner - Discussion of Particular Persons MINUTES APPROVAL RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Tuesday, March 25, 2008 ? Vote Record - Acceptance of Minutes for March 25, 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 2008-374 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit 4/22/08 Southold Town Meeting Agenda - April 22, 2008 Page 4 RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby April 22, 2008. ? Vote Record - Resolution RES-2008-374 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-375 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Set Special Meeting for 4/30/08 At 6 PM and the Next Regular Meeting 5/6/08 At 4:30 PM RESOLVED Special Meeting that a of the Southold Town Board will be held Wednesday, April 30, 2008 at 6:00 PM at the Southold Town Hall, Southold, New York to select a consultant for the Transportation Grant Program, and be it further RESOLVED Regular Town Board Meeting that the next of the Southold Town Board be held, Tuesday, May 6, 20084:30 P. M at the Southold Town Hall, Southold, New York at .. ? Vote Record - Resolution RES-2008-375 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-376 Tabled 3/25/2008 7:30 PM 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 Southold Town Meeting Agenda - April 22, 2008 Page 5 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 Abandoned Moorings $1870.00 ? Vote Record - Resolution RES-2008-376 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-377 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint Lucielle Cappabianco RESOLVEDappoints Lucielle that the Town Board of the Town of Southold hereby Cappabianco to the position of a part-time Legal stenographer for the Zoning Board of Appeals, effective April 25, 2008, at a rate of $17.72 per hour. ? Vote Record - Resolution RES-2008-377 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-378 Southold Town Meeting Agenda - April 22, 2008 Page 6 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to the Mattituck-Cutchogue Cub Scout Pack 39 to Use Bailie Beach Road In Mattituck for Its Annual Cubmobile Race on Saturday, June 7, 2009 RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Mattituck-Cutchogue Cub Scout Pack 39 to use Bailie Beach Road in Mattituck for its Annual Cubmobile Race on Saturday, June 7, 2009 from 9:00 AM to 12:00 PM noon (rain date June 8), 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. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. ? Vote Record - Resolution RES-2008-378 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-379 CATEGORY: Employment - Town DEPARTMENT: Town Clerk Appoint Michelle Martocchia As Secretary for the Parks, Beaches and Recreation Committee RESOLVEDappoints Michelle that the Town Board of the Town of Southold hereby Martocchia as Secretary for the Parks, Beaches and Recreation Committee , effective immediately through December 31, 2008 not to exceed five (5) hours per week in addition to her regular 35 hour work week, regardless of the number of committees she serves. ? Vote Record - Resolution RES-2008-379 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded Southold Town Meeting Agenda - April 22, 2008 Page 7 2008-380 CATEGORY: Public Service DEPARTMENT: Police Dept Request Permission for the Following Students to Job Shadow At the Police Department RESOLVED grants permission to the that the Town Board of the Town of Southold hereby following students from the listed local High Schools to participate in a day of job shadowing at the Southold Town Police Department on Wednesday, April 16, 2008 : Mattituck High School Ted Richards Kaitlin Leden Southold High School Chris Conrardy Dan Scotto Joe Juettner ? Vote Record - Resolution RES-2008-380 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-381 CATEGORY: Property Acquisition Purchase DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Conveyance Documents and All Other Necessary Documents In Connection with the Town’s Purchase of the Peconic School From the Southold UFSD RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the conveyance documents and all other necessary documents in connection with the Town’s purchase of the Peconic School from the Southold UFSD , SCTM #1000-75-1-13. Southold Town Meeting Agenda - April 22, 2008 Page 8 ? Vote Record - Resolution RES-2008-381 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-382 CATEGORY: Sanitary Flow Credits DEPARTMENT: Land Preservation Stackler Sanitary Flow Credits WHEREAS , on March 26, 2008, the Town of Southold purchased Fee Title to parcels known as the "Stackler" properties and identified as: SCTM #1000-45-5-7.1 (1650 Shore Drive, Greenport) SCTM #1000-45-5-7.2 (No # Silvermere Road, Greenport) SCTM #1000-47-2-33 (1650 Shore Drive, Greenport) SCTM #1000-47-2-34 (2075 Shore Drive, Greenport) SCTM #1000-53-1-18 (1653 Shore Drive, Greenport); and WHEREAS , said properties total 35.418 acres and were surveyed, mapped and calculated as being 21.03 acres (SCTM #1000-45-5-7.1), 3.681 acres (SCTM #1000-45-5-7.2), 0.22 acre (SCTM #1000-47-2-33), 0.231 acre (SCTM #1000-47-2-34), and 10.256 acres (SCTM #1000- 53-1-18), as per a survey prepared by Nathan Taft Corwin III Land Surveyor, Inc. surveyed February 7, 2002 (file #21-647A), with revisions and survey updates dated May 8, 2002, June 29, 2007, and September 21, 2007; and, WHEREAS , said designated properties are located within the following Zoning Districts: SCTM #1000-45-5-7.1 - R-40 (6.79 acres) / R-80 (14.24 acres), SCTM #1000-45-5-7.2 - R-40, SCTM #1000-47-2-33 - R-40, SCTM #1000-47-2-34 - R-40, SCTM #1000-53-1-18 - R-80; and WHEREAS , said properties are located within the Greenport School District; and WHEREAS , the deeds recorded as part of the purchases prohibit the use of the properties for Southold Town Meeting Agenda - April 22, 2008 Page 9 any residential, commercial or industrial uses and prohibits the use of the properties for anything other than open space; and WHEREAS , as per Section 117-5 (Determination of Sanitary Flow Credit to be Deposited in the TDR Bank) of the Town Code, the Land Preservation Coordinator provided the Town Board with a calculation of the estimated sanitary flow credits available for transfer from the above- mentioned parcels prior to the Town Board public hearing on the purchases; and WHEREAS , the Land Preservation Coordinator provided the Town Board with a final calculation of the sanitary flow credits available for transfer from the above-mentioned parcels following the closing on the parcels; and WHEREAS , a total of 11.85 (eleven and eighty-five one hundredths) sanitary flow credits are available to be placed into the Town TDR Bank as a result of these purchases, calculated as follows: SCTM #1000-45-5-7.1 9.85 credits SCTM #1000-45-5-7.2 0 credits (road area) SCTM #1000-47-2-33 1 credit SCTM #1000-47-2-34 1 credit SCTM #1000-53-1-18 0 credits (TNC grant toward purchase does not allow for sanitary flow credit transfer;) be it therefore RESOLVEDplaces 11.85 (eleven and that the Town Board of the Town of Southold hereby eighty-five one hundredths) sanitary flow credits into the Town TDR Bank from the Town’s fee title purchases of the properties identified as SCTM #1000-45-5-7.1, #1000-47-2- 33, and #1000-47-2-34 ; and, be it RESOLVED FURTHER that the Town Clerk shall enter this transfer of 11.85 (eleven and eighty-five one hundredths) sanitary flow credits into the Sanitary Flow Credit Log; and, be it RESOLVED FURTHER that the Town Clerk shall forward this resolution to the Tax Assessors Office, the Land Preservation Department, the Special Projects Coordinator and the Planning Department for inclusion into the Town database and GIS system. Southold Town Meeting Agenda - April 22, 2008 Page 10 ? Vote Record - Resolution RES-2008-382 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-383 CATEGORY: Bid Acceptance DEPARTMENT: Highway Department Accept Bid for Road Treatment - Item #1 RESOLVEDaccepts the bid of that the Town Board of the Town of Southold hereby Corazzini Asphalt, Inc., for furnishing and placing Bituminous Surface Treatment Liquid Asphalt Grades 50% MC-250 and 50% RC-250 with Screened Sand (“Oil and Sand”) within the Town of Southold, all in accordance with the bid specifications and Town Attorney, and as follows: TownFishers Island (Mainland) Bituminous Surface Treatment $ 2.65 per sq. yd. $ 6.75 per sq. yd. Schim Mix Asphalt $ 84.00 per ton $ 185.00 per ton Fog Coat $ 2.00 per gallon $ 3.00 per gallon ? Vote Record - Resolution RES-2008-383 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-384 CATEGORY: Bid Acceptance DEPARTMENT: Highway Department Accept Bid for Road Treatment - Item #2 RESOLVEDaccepts the bid of that the Town Board of the Town of Southold hereby Southold Town Meeting Agenda - April 22, 2008 Page 11 Corazzini Asphalt, Inc., for furnishing and placing Bituminous Surface Treatment RC-250 Liquid Asphalt &1A Stone (“Oil and Stone”) within the Town of Southold, all in accordance with the bid specifications and Town Attorney, and as follows: TownFishers Island (Mainland) Bituminous Surface Treatment $ 2.45 per sq. yd. $ 7.25 per sq. yd. Schim Mix Asphalt Concrete $ 71.00 per ton $ 160.00 per ton Fog Coat $ 2.00 per gallon $ 3.00 per gallon ? Vote Record - Resolution RES-2008-384 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-385 CATEGORY: Bid Acceptance DEPARTMENT: Highway Department Accept Bid Road Treatment - #3 Liquid Asphalt RESOLVEDaccepts the bid of that the Town Board of the Town of Southold hereby Corazzini Asphalt, Inc., for furnishing and placing Liquid Asphalt Grades RC-250 & MC- 250 within the Town of Southold, all in accordance with the bid specifications and Town Attorney, and as follows: Town Fishers Island (Mainland) Furnish and Place Within $5.00 per gallon $7.00 per gallon ? Vote Record - Resolution RES-2008-385 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-386 Southold Town Meeting Agenda - April 22, 2008 Page 12 CATEGORY: Bid Acceptance DEPARTMENT: Highway Department Accept Bid for Road Treatment - Item #4 RESOLVEDaccepts the bid of that the Town Board of the Town of Southold hereby Corazzini Asphalt, Inc., for furnishing and placing Hot Mix Asphalt Concrete Pavement “Type 5 Shim” Sand Mix Asphalt within the Town of Southold, all in accordance with the bid specifications and Town Attorney, and as follows: Town Fishers Island (Mainland) Hot Mix Asphalt Concrete Pavement 3X 500-1000 tons $69.00 per ton $175.00 per ton 4X Over 1000 tons $69.00 per ton $175.00 per ton ? Vote Record - Resolution RES-2008-386 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-387 CATEGORY: Bid Acceptance DEPARTMENT: Highway Department Accept Bid ForRoad Treatment - Item #5 RESOLVEDaccepts the that the Town Board of the Town of Southold hereby bid of Corazzini Brothers, Inc., for furnishing and placing Hot Mix Asphalt Concrete Pavement “Type 6 Top” within the Town of Southold, all in accordance with the bid specifications and Town Attorney, and as follows: Town Fishers Island (Mainland) 3X 500-1000 tons $69.75 per ton $175.00 per ton 4X Over 1000 tons $69.75 per ton $175.00 per ton Southold Town Meeting Agenda - April 22, 2008 Page 13 ? Vote Record - Resolution RES-2008-387 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-388 CATEGORY: Bid Acceptance DEPARTMENT: Highway Department Accept Bid for Road Treatment - Item #6 RESOLVEDaccepts thebid of that the Town Board of the Town of Southold hereby Corazzini Asphalt, Inc., for furnishing and placing Bituminous Surface Treatment RC-250 Liquid Asphalt “Oil & Recycled Stone ” within the Town of Southold, all in accordance with the bid specifications and Town Attorney, and as follows: Town (Mainland) Bituminous Surface Treatment $ 2.05 per sq. yd. Schim Mix Asphalt Concrete $ 86.00 per ton Fog Coat $ 2.00 per gallon ? Vote Record - Resolution RES-2008-388 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-389 CATEGORY: Bid Acceptance DEPARTMENT: Highway Department Accept Bid for Road Treatment - Item #7 RESOLVED thataccepts thebid of the Town Board of the Town of Southold hereby Thomas H. Gannon & Sons, Inc., for the application of Polymer Modified Emulsified Southold Town Meeting Agenda - April 22, 2008 Page 14 Asphalt Pavement Type II Micro-Surfacing within the Town of Southold, all in accordance with the bid specifications and Town Attorney, and as follows: Type II Micro-Surfacing $ 1.89 per sq. yd. Truing & Leveling (Type 5 - Shim) $135.00 per ton ? Vote Record - Resolution RES-2008-389 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-390 CATEGORY: Bid Acceptance DEPARTMENT: Highway Department Accept Bid for Road Treatment - Item #8 RESOLVEDaccepts thebid of that the Town Board of the Town of Southold hereby East Island Asphalt Corp., in the amount of $58.00 per ton, for the purchase of Type 6 Top Hot Mix Asphalt to be picked up and used by the Southold Town Highway Department, , all in accordance with the bid specifications and Town Attorney. ? Vote Record - Resolution RES-2008-390 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-391 CATEGORY: Attend Seminar DEPARTMENT: Police Dept Grant Permission to Police Officer Thomas Hudock to Attend Quarterly Meeting of the State Juvenile Officers Association Southold Town Meeting Agenda - April 22, 2008 Page 15 RESOLVED grants permission to Police that the Town Board of the Town of Southold hereby Officer Thomas Hudock to attend the State of New York Juvenile Officers Association Quarterly meeting commencing on Thursday, June 6 through Friday, June 6, 2008, in Ithaca, New York. All expenses for travel and miscellaneous expenses to be a legal charge to the 2008 Juvenile Aid Budget line - A.3157.4.600.200. Travel to be by Department vehicle. ? Vote Record - Resolution RES-2008-391 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-392 CATEGORY: Road Dedications DEPARTMENT: Town Attorney The Cottages Road Dedication WHEREAS, CDCLI Housing Development Fund Corporation has made application to the Town Board of the Town of Southold to dedicate certain roads in Mattituck, New York, to be known as “COTTAGE WAY”, “RECHARGE BASIN”, and “PEDESTRIAN AND EMERGENCY ACCESS”, as shown on the map entitled “Map of Cottages at Mattituck” filed in the Office of the Clerk of the County of Suffolk on January 30, 2007 as Map No. 11491, together with the release executed by the owner thereof; and WHEREAS, the Southold Town Superintendent of Highways has inspected the said highways and has advised the Town Board that said proposed highways comply in all respects with the specifications for the dedication of highways in the Town of Southold; now, therefore, be it RESOLVED that in accordance with Section 171 of the Highway Law of the State of New given to the Superintendent of Highways to make York, consent be, and the same hereby is, an order laying out the aforesaid highways, to consist of lands described in said application as shown on certain maps attached to said application ; and be it further Southold Town Meeting Agenda - April 22, 2008 Page 16 RESOLVED that the Town Clerk be, and she hereby is, authorized and directed to forthwith cause the dedication, release, and deed to be recorded in the Office of the Clerk of the County of Suffolk, New York. ? Vote Record - Resolution RES-2008-392 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-393 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Appoint Leslie Tombari, FIFD WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their April 16, 2008 meeting to appoint Leslie Tombari of Fishers Island, NY to the part-time position of Clerk for the Fishers Island Ferry District, effective April 22, 2008, at a rate of $10.00 per hour, and WHEREAS the Town Board of the Town of Southold is required to also appoint employees of the Fishers Island Ferry District, now therefore be it RESOLVEDappoints Leslie Tombari of that the Town Board of the Town of Southold hereby Fishers Island, NY to the part-time position of Clerk for the Fishers Island Ferry District, effective April 22, 2008, at a rate of $10.00 per hour. ? Vote Record - Resolution RES-2008-393 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded Southold Town Meeting Agenda - April 22, 2008 Page 17 2008-394 CATEGORY: Attend Seminar DEPARTMENT: Planning Board Townsend RESOLVED grants permission to that the Town Board of the Town of Southold hereby Planning Board member Joseph Townsend to attend a seminar on Innovative Floodplain Strategies for Coastal Areas at Stony Brook University, on April 30, 2008. Registration and travel to be a legal charge to the 2008 Planning Budget (meetings and seminars). ? Vote Record - Resolution RES-2008-394 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-395 CATEGORY: Employment - Town DEPARTMENT: Accounting Hire Scott A. Hilary and William J. Lohn, Provisional Planners WHEREAS the Town of Southold has exhausted the Suffolk County Department of Civil Service List of Eligible’s for the competitive position of Planner, and WHEREAS the Town Board of the Town of Southold has determined that the Town should fill two Planner positions for the Planning Department with provisional appointments, and has received permission from Suffolk County Department of Civil Service to make said provisional appointments, now therefore be it RESOLVEDappoints Scott A. Hilary to that the Town Board of the Town of Southold hereby the position of provisional Planner for the Planning Department, effective April 23, 2008, at Southold Town Meeting Agenda - April 22, 2008 Page 18 the Step 4 salary of $55,883.90 per annum, and be it further RESOLVEDappoints William J. Lohn that the Town Board of the Town of Southold hereby to the position of provisional Planner for the Planning Department, effective May 7, 2008, at the entry level salary of $48,714.78 per annum. ? Vote Record - Resolution RES-2008-395 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-396 CATEGORY: Property Usage DEPARTMENT: Land Preservation Reese & Stackler Stewardship Management Plan RESOLVED that the Town Board of the Town of Southold hereby amends Resolution 2007- 765 adopting the Stewardship Management Plan for the Reese Property to hereafter be known as Reese & Stackler Properties and adopts a revised the Stewardship Management Plan for the plan which will include the Stackler properties identified as Suffolk County tax map numbers as follows: 1000-45.-5-7.1 1650 Shore Drive, Greenport 1000-45.-5-7.2 No # Silvermere Road, Greenport 1000-47.-2-33 1650 Shore Drive, Greenport 1000-47.-2-34 2075 Shore Drive, Greenport 1000-53.-1-18 1653 Shore Drive, Greenport ? Vote Record - Resolution RES-2008-396 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded Southold Town Meeting Agenda - April 22, 2008 Page 19 2008-397 CATEGORY: Budget Modification DEPARTMENT: Town Clerk Modify the Fishers Island Ferry District 2008 Budget WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their special April 7, 2008 meeting to modify the 2008 Fishers Island Ferry District budget and WHEREAS the Town Board of the Town of Southold is required to also modify the budget of the Fishers Island Ferry District, now therefore be it RESOLVEDmodifies the Fishers Island that the Town Board of the Town of Southold hereby Ferry District 2008 budget as follows: From: SM .5710.1.000.000 Personnel Services $900 To: SM .9050.8.000.000 Unemployment Insurance $900 ? Vote Record - Resolution RES-2008-397 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-398 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification for CAC NOAA Workshop WHEREAS the 2008 budget established for the Conservation Advisory Council does not Southold Town Meeting Agenda - April 22, 2008 Page 20 include an appropriation for a National Oceanic and Atmospheric Administration (NOAA) workshop on May 10, 2008 at Peconic Landing, and WHEREAS the Conservation Advisory Council has decided to charge a $10 per person fee for all attendees at said NOAA workshop, and WHEREAS the Town Board of the Town of Southold has agreed to support the Conservation Advisory Council request to host said NOAA workshop, and WHEREAS the Town Board of the Town of Southold desires to modify the 2008 budget to accommodate the revenues and expenses associated with said NOAA workshop, now therefore be it RESOLVEDmodifies the 2008 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: From: Appropriations: A.1990.4.100.100 Unallocated Contingencies $ 500 To: Revenues A.2705.40 Gifts and Donations, Other $ 1,500 Appropriations: A.3610.4.600.200 CAC, Meetings & Seminars $ 2,000 ? Vote Record - Resolution RES-2008-398 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-399 CATEGORY: Budget Modification Southold Town Meeting Agenda - April 22, 2008 Page 21 DEPARTMENT: Solid Waste Management District SWD Budget Mod Fiscal Impact: Budget line about to be exceeded due to higher than expected fuel costs. This Budget Modification is intended to cover heating costs through end of year. RESOLVEDmodifies the 2008 that the Town Board of the Town of Southold hereby Solid Waste Management District budget as follows: From: SR 8160.4.400.810 C&D Removal $ 4,000.00 To: SR 8160.4.100.250 Heating Fuel $ 4,000.00 ? Vote Record - Resolution RES-2008-399 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-400 CATEGORY: Attend Seminar DEPARTMENT: Town Clerk New York State Town Clerk Assoc Annual Conference RESOLVED grants permission to Town that the Town Board of the Town of Southold hereby Clerk Elizabeth Neville to attend the 2008 New York State Town Clerk Association Annual Conference in Saratoga Springs, New York on April 27-30, 2008. All expenses for registration, travel and lodging to be a legal charge to the 2008 Town Clerk Whole Town budget (meetings and seminars). Southold Town Meeting Agenda - April 22, 2008 Page 22 ? Vote Record - Resolution RES-2008-400 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-401 CATEGORY: Attend Seminar DEPARTMENT: Land Preservation 2008 Regional Open Space Advisory Committee RESOLVEDgrants permission to that the Town Board of the Town of Southold hereby Melissa Spiro, Land Preservation Coordinator, to attend the 2008 Regional Open Space Advisory Committee at the State Parks Long Island Headquarters in Belmont State Park, Babylon, New York, in her capacity as an advisory committee member for the drafting and recommendations for the 2009 New York State Open Space Conservation Plan, on April 17, 2008, and any further meetings scheduled thereafter during 2008. All expenses for travel, if any, will be a legal charge to the 2008 Land Preservation Department budget A.8710.4.600.200 (meetings & seminars). ? Vote Record - Resolution RES-2008-401 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-402 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Clerk Set Sell Price & Rent Maximums RESOLVEDsets the maximum sales that the Town Board of the Town of Southold hereby price and maximum allowable monthly rent for 2008 for affordable housing units in the Southold Town Meeting Agenda - April 22, 2008 Page 23 AHD Zoning District, pursuant to Chapter 280-30(D) of the Town Code , as follows: Home Purchase Price Households earning 80% or less of the HUD median income (for Nassau/Suffolk) $194,250.00 Households earning 100% or less of HUD median $242,750.00 Households earning 120% or less of HUD median $291,250.00 Monthly Rent Efficiency $850.00 One Bedroom $910.00 Two Bedroom $1,092.00 Three Bedroom $1,262.00 Four Bedroom $1,407.00 ? Vote Record - Resolution RES-2008-402 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-403 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Mofication-Cemeteries WHEREAS the Town of Southold has just recently received both the 2007 and 2008 invoice for $6.00 per year for maintenance of the Legion cemetery plot by the East Marion Cemetery Association, and WHEREAS the Town of Southold’s financial books for 2007 have been closed and the 2008 budget contains appropriations only for one year of maintenance for said cemetery plot, now therefore be it Southold Town Meeting Agenda - April 22, 2008 Page 24 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 $ 6.00 To: A.8810.4.400.200 Cemeteries, C.E. Legion Plot Maintenance $ 6.00 ? Vote Record - Resolution RES-2008-403 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-404 CATEGORY: Bond DEPARTMENT: Town Attorney SEQRA Tax Receiver Software Bond RESOLVEDfinds that the issuance of a that the Town Board of the Town of Southold hereby bond for the acquisition of tax collection software for use by the town tax receiver’s office, at the estimated maximum cost of $75,000.00 is classified as a Type II action pursuant to SEQRA rules and regulations , 6 NYCRR section 617.5, and is not subject to review under SEQRA. ? Vote Record - Resolution RES-2008-404 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-405 CATEGORY: Bond Southold Town Meeting Agenda - April 22, 2008 Page 25 DEPARTMENT: Town Attorney SEQRA for SWMD Bond RESOLVEDfinds that the issuance of a that the Town Board of the Town of Southold hereby bond for the increase and improvement of the facilities of the Southold Solid Waste Management District (“District”) is classified as a Type II action pursuant to SEQRA rules and regulations , 6 NYCRR section 617.5, and is not subject to review under SEQRA. ? Vote Record - Resolution RES-2008-405 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-406 CATEGORY: Bond DEPARTMENT: Town Clerk Bond for Tax Receiver Software BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED APRIL 22, 2008, AUTHORIZING THE ACQUISITION OF TAX COLLECTION SOFTWARE FOR USE BY THE TOWN TAX RECEIVER’S OFFICE, AT THE ESTIMATED MAXIMUM COST OF $75,000; APPROPRIATING SAID AMOUNT THEREFOR, AND AUTHORIZING THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT OF $75,000 TO FINANCE SAID APPROPRIATION. THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two- thirds of all the members of said Town Board) AS FOLLOWS: Section 1. The Town of Southold, in the County of Suffolk, New York Southold Town Meeting Agenda - April 22, 2008 Page 26 (herein called the “Town”), is hereby authorized to acquire tax collection software for use by the Town Tax Receiver’s Office, at the estimated maximum cost of $75,000, including preliminary, incidental and financing costs, and said amount is hereby appropriated therefor. The plan of financing includes the issuance of serial bonds of the Town in the principal amount of $75,000 to finance said appropriation, and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Section 2. Serial bonds of the Town in the principal amount of $75,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (referred to herein as the “Law”), to finance said appropriation. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness applicable to the specific object or purpose for which said serial bonds are authorized to be issued, within the limitations of Section 11.00 Chapter 53-a of the Law, is ten (10) years; however, the bonds authorized pursuant to this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds, shall mature no later than five (5) years from the earlier of the date of original issuance of said bonds or notes issued in anticipation of such bonds. (b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized, or for expenditures made on or prior to such date if a prior declaration of intent has been made. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) The Town Board of the Town, acting in the role of Lead Agency pursuant to the provisions of the New York State Environmental Quality Review Act (“SEQRA”), has heretofore determined that the said specific object or purpose herein above described in Section 1 is a Type II Action as defined in said Act and the Regulations promulgated thereunder and no further review is required. Southold Town Meeting Agenda - April 22, 2008 Page 27 (d) The proposed maturity of the bonds authorized by this resolution will not exceed five (5) years. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town without limitation of rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of the issuance of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and of Section 50.00 and Sections 56.00 to 60.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution and of any notes issued in anticipation of the sale of said bonds may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after Southold Town Meeting Agenda - April 22, 2008 Page 28 the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This bond resolution shall take effect immediately, and the Town Clerk is hereby authorized and directed to publish a summary of this bond resolution, in substantially the form set forth in Exhibit A attached hereto and made a part hereof, together with a Notice attached in substantially the form prescribed by Section 81.00 of the Law in “THE SUFFOLK TIMES,” a newspaper published in Southold, New York, having a general circulation in the Town and hereby designated the official newspaper of said Town for such publication. * * * EXHIBIT A BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED APRIL 22, 2008, AUTHORIZING THE ACQUISITION OF TAX COLLECTION SOFTWARE FOR USE BY THE TOWN TAX RECEIVER’S OFFICE, AT THE ESTIMATED MAXIMUM COST OF $75,000; APPROPRIATING SAID AMOUNT THEREFOR, AND AUTHORIZING THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT OF $75,000 TO FINANCE SAID APPROPRIATION. Object or purpose: to acquire tax collection software for use by the Town Tax Receiver’s Office, at the estimated maximum cost of $75,000, appropriating said amount therefor and stating that acquisition of said Tax Collection Software has been determined to be a Type II Action pursuant to the New York State Environmental Quality Review Act (“SEQRA”). Amount of obligations to be issued: $75,000 Period of probable usefulness: ten (10) years; however, the bonds authorized pursuant to this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds, shall mature no later than five (5) years from the earlier of the date of original issuance of said bonds or notes issued in anticipation of such bonds. Southold Town Meeting Agenda - April 22, 2008 Page 29 A complete copy of the Bond Resolution summarized above shall be available for public inspection during normal business hours at the office of the Town Clerk, Town Hall, 53095 Main Road, Southold, New York. Dated: April 22, 2008 Southold, New York ? Vote Record - Resolution RES-2008-406 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-407 CATEGORY: Bond DEPARTMENT: Town Clerk Bond for SWMD Increase & Improvement A regular meeting of the Town Board of the Town of Southold, in the County of Suffolk, New York, held at the Town Hall, 53095 Main Road, Southold, in said Town, on the 22nd day of April, 2008. PRESENT: Hon. Scott A. Russell, Supervisor Louisa P. Evans, Justice William P. Ruland, Councilperson Thomas H. Wickham, Councilperson Vincent M. Orlando, Councilperson Albert J. Krupski, Jr., Councilperson -------------------------------------------------------------X In the Matter of the : Increase and Improvement of Facilities of the Southold Solid Waste Management : District, in the Town of Southold, in the County of Suffolk, New York, pursuant to : Section 202-b of the Town Law. ------------------------------------------X ORDER CALLING PUBLIC HEARING TO BE HELD ON Southold Town Meeting Agenda - April 22, 2008 Page 30 MAY 20, 2008 RECITALS WHEREAS, the Town Board of the Town of Southold (herein called “Town Board” and “Town”, respectively), in the County of Suffolk, New York, on behalf of the Southold Solid Waste Management District, heretofore established and now existing in the Town (hereinafter sometimes called “District”), has heretofore determined that it is in the best interests of the Town and the District (i) to improve the existing Transfer Station within the District by constructing an overhead garage door addition to the southwest side of the Station (the “Transfer Station Improvements”), at the estimated maximum cost of $180,000, and (ii) to acquire various equipment, including a trammel screening plant, a compost bagger and shelter, a front-end wheel loader and a walking floor transfer trailer, for use by the District, at the estimated maximum cost of $395,000 (the “Equipment Acquisitions” and together with the Transfer Station Improvements, the “Project”). The estimated total cost of the Project is $575,000, including preliminary costs incidental thereto and to the financing thereof; and WHEREAS, grant funds may be received from the United States of America, the State of New York and any other available sources to pay a part of such cost, and any such grant funds received or to be received, shall be applied towards the cost of said object or purpose or redemption of the bonds issued therefor, or shall be budgeted as an offset to the taxes for the payment of the principal and interest on said bonds; and WHEREAS, the Town Board and the Town have complied in every respect with all applicable Federal, State and local laws and regulations regarding environmental matters, have given due consideration to the impact that the Project may have upon the environment and, on the basis of such consideration, the Town Board, acting as Lead Agency, pursuant to the New York State Environmental Quality Review Act (hereinafter sometimes called “SEQRA”) has heretofore found and determined that the Project is a Type II Action, no further review is required and/or other applicable documentation has been issued and filed in the office of the Town Clerk; NOW, THEREFORE, BE IT ORDERED, that a meeting of the Town Board of the Town be held at the Town th Hall, 53095 Main Road, Southold, New York, in the Town, on the 20 day of May, 2008, at 4:35 o’clock P.M. (Prevailing Time), to consider the Project at the estimated total cost of $575,000 and to hear all persons interested in the subject thereof concerning the same and for such other action on the part of the Town Board with relation thereto as may be required by law; and be it FURTHER ORDERED, that the Town Clerk (i) publish at least once in the “SUFFOLK TIMES,” a newspaper published in Mattituck, in the Town of Southold and hereby designated as the official newspaper of the Town for such publication, (ii) post on the Town Clerk Bulletin board of the Town maintained pursuant to subdivision 6 of Section 30 of the Town Law and (iii) mail by first class mail to each owner of taxable real property in the District, Southold Town Meeting Agenda - April 22, 2008 Page 31 Exhibit “A a notice of such public hearing in substantially the form attached hereto designated ” and hereby made a part hereof, the first publication thereof, said posting and said mailing to be not less than ten (10) nor more than twenty (20) days before the date of such public hearing. EXHIBIT A LEGAL NOTICE NOTICE OF PUBLIC HEARING MAY 20, 2008 WHEREAS, it has been determined by the Town Board (the “Board”) of the th Town of Southold (“Town”), Suffolk County, New York, on the 20 day of May, 2008, to consider the increase and improvement of the facilities of the Southold Solid Waste Management District (“District”), described as (i) to improve the existing Transfer Station within the District by constructing an overhead garage door addition to the southwest side of the transfer station, at the estimated maximum cost of $180,000 (the “Transfer Station Improvements”), and (ii) to acquire various equipment, including a trammel screening plant, a compost bagger and shelter, a front-end wheel loader and a walking floor transfer trailer, for use by the District, at the estimated maximum cost of $395,000 (the “Equipment Acquisitions” and together with the Transfer Station Improvements, the “Project”). The estimated total cost of the Project is $575,000, including preliminary costs incidental thereto and to the financing thereof; provided that grant funds may be received from the United States of America, the State of New York or any other available sources to pay a part of some of such said costs. Pursuant to the New York State Environmental Quality Review Act (“SEQRA”) the Board, as Lead Agency, has determined that the Project is a Type II Action, no further review is required and/or other applicable documentation has been issued and filed in the office of the Town Clerk NOTICE IS HEREBY GIVEN that the Town Board will meet at the Town Hall, 4:35 o’clock P.M. (Prevailing Time), on May 20, 53095 Main Road, Southold, New York, at 2008 , for the purpose of conducting a public hearing to consider the Project, as hereinabove described. At said public hearing, the Town Board will hear all persons interested in said subject matter thereof concerning the same. Dated: April 22, 2008 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, STATE OF NEW YORK Southold Town Meeting Agenda - April 22, 2008 Page 32 ? Vote Record - Resolution RES-2008-407 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-408 CATEGORY: Organizational DEPARTMENT: Solid Waste Management District Deputy At SW District appoints David Zuhoski as RESOLVED that the Town Board of the Town of Southold hereby Deputy Solid Waste Coordinator for the Solid Waste Management District at a stipend of $5,000 for calendar year 2008, effective immediately through December 31, 2008 . ? Vote Record - Resolution RES-2008-408 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-409 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Orient Fire Department - Memorial Day Parade RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Orient Fire Department to use the following roads for its Annual Memorial Day Parade in Orient on Monday, May 26, 2008 beginning at 7:30 AM: Tabor Road, Orchard Street, Navy Street and Village Lane, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and notify Capt. Flatley within ten (10) days of the approval of this resolution to coordinate traffic control. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. Southold Town Meeting Agenda - April 22, 2008 Page 33 ? Vote Record - Resolution RES-2008-409 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-410 CATEGORY: Seqra DEPARTMENT: Town Attorney SEQRA LL Dog & Cat Care Facility RESOLVED“A that the Town Board of the Town of Southold hereby finds that the proposed Local Law in relation to Dog and Cat Care Facilities in the Limited Business Zone” is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action in accordance with the recommendation of Mark Terry dated April 18, 2008, and authorizes is exempt Supervisor Scott A. Russell to sign the short form EAF in accordance therewith, and from review under Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Reviewisconsistent with the LWRP pursuant to Chapter 268 of the Town OR Code of the Town of Southold, Waterfront Consistency Review . ? Vote Record - Resolution RES-2008-410 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-411 CATEGORY: Seqra DEPARTMENT: Town Attorney SEQRA LL Dormers - Landmarked Buildings Southold Town Meeting Agenda - April 22, 2008 Page 34 RESOLVED“A that the Town Board of the Town of Southold hereby finds that the proposed Local Law in relation to Dormers on Accessory Landmarked Buildings” is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action in accordance with the recommendation of Mark Terry dated April 18, 2008, and authorizes is exempt Supervisor Scott A. Russell to sign the short form EAF in accordance therewith, and from review under Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Reviewisconsistent with the LWRP pursuant to Chapter 268 of the Town OR Code of the Town of Southold, Waterfront Consistency Review . ? Vote Record - Resolution RES-2008-411 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-412 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint Kristy Winser to the Position of Provisional Senior Planner WHEREAS the Town of Southold has exhausted the Suffolk County Department of Civil Service List of Eligible’s for the competitive position of Senior Planner, and WHEREAS the Town Board of the Town of Southold has determined that the Town should fill the Senior Planner position for the Planning Department with a provisional appointment, and has received permission from Suffolk County Department of Civil Service to make said provisional appointment, now therefore be it RESOLVEDappoints Kristy Winser to that the Town Board of the Town of Southold hereby the position of provisional Senior Plannereffective June 2, for the Planning Department, Southold Town Meeting Agenda - April 22, 2008 Page 35 2008, at the Step 2 salary of $60,360.71 per annum . ? Vote Record - Resolution RES-2008-412 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-413 CATEGORY: Property Acquisition Public Hearing DEPARTMENT: Town Clerk PH 5/6/08 @ 4:35 PM - Paradise Pt Holding RESOLVED that pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code, the Town Board of the Town of ets Tuesday, May 6, 2008, at 4:35 p.m., Southold Town Hall, 53095 Main Southold hereby s Road, Southold, New York as the time and place for a public hearing for the purchase of the properties owned by Paradise Point Holding Corp. and VJ Development Corp . Said properties are identified, respectively, as SCTM #1000-81-2-5 and SCTM #1000-79-8-16. The addresses of the properties are, respectively, 695 Paradise Point Road and 10250 North Bayview Road in Southold. Both parcels are located in the A-C zoning district. The adjoining parcels begin approximately 1200 feet in two separate southerly directions from the intersection where Paradise Point Road and North Bayview Road meet with one parcel being located along the westerly side of Paradise Point Road, the other parcel being located along the southerly side of North Bayview Road. The proposed acquisition is for the Town to acquire fee title to the entire 21.907± acres of the combined lots for open space purposes. The exact area of the acquisition is subject to a Town provided survey. The purchase price for the combined lots equaling 21.907± acres is $2,604,000 (two million six hundred four thousand dollars) and the purchase will be funded by the Community Preservation Fund. Southold Town Meeting Agenda - April 22, 2008 Page 36 The property is listed on the Town’s Community Preservation Project Plan as property that should be preserved for purposes of open space and wetlands protection. Proposed uses of the property may include the establishment of a nature preserve or as a passive recreational area with trails and limited parking for access purposes. As per Chapter 117.5 (Transfer of Development Rights) of the Code of the Town of Southold, Section 87-5, the Land Preservation Coordinator has calculated that 12 Sanitary Flow Credits may be available for transfer from these parcels upon the Town’s purchase of these properties. The transfer of the Sanitary Flow Credits into the Town TDR Bank will not be finalized, and shall not occur, until the Town closes on these properties, and the Town Board passes a resolution allowing the transfer into the Town TDR Bank. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. ? Vote Record - Resolution RES-2008-413 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-414 CATEGORY: Budget Modification DEPARTMENT: Trustees Budget Modification - Waterfront Documentary Fiscal Impact: This is to pay an invoice from Cornell for the Trustees/Cornell waterfront documentary. NY State will re- imburse the Town RESOLVEDmodifies the 2008 General that the Town Board of the Town of Southold hereby Fund, Whole Town budget, as follows: Southold Town Meeting Agenda - April 22, 2008 Page 37 From: Appropriations A.1990.4.100.100 Unallocated Contingencies $2,432.44 To: Revenues A.3089.80 Department of State Grant $7,553.99 Appropriations A.8090.4.500.300 Consultants-Documentary $9,986.43 ? Vote Record - Resolution RES-2008-414 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-415 CATEGORY: Misc. Public Hearing DEPARTMENT: Town Attorney Accept DGEIS & Set PH for TDR WHEREAS , the Town Board of the Town of Southold (the “Board”) has assumed lead agency status for review of the proposed Transfer of Development Rights program and for the purpose of compliance with the State Environmental Quality Review Action (SEQRA) for the action, as codified in 6 NYCRR Part 617, and WHEREAS, the Board found that a Generic Environmental Impact Statement (GEIS) would be necessary, and issued the appropriate determination (via a Positive Declaration) to require such document for the proposed action, and WHEREAS , the Draft Generic Environmental Impact Statement (DGEIS) has been prepared, the Board has reviewed the document and determined that it is adequate for public review and comment. Southold Town Meeting Agenda - April 22, 2008 Page 38 NOW THEREFORE BE IT RESOLVED , that the Town Board hereby accepts the Draft Generic Environmental Impact Statement after due deliberation and review of the prepared documentation, for the purpose of public and interested agency review and input, and BE IT FURTHER RESOLVED , the Town Board hereby directs the Town Clerk to file a Notice of Complete Draft EIS and Notice of Public Hearing in accordance with the Notice and Filing Requirements of SEQRA and circulate the Draft EIS to public, interested agencies and parties of interest (noted below), in accordance with 6 NYCRR Part 617.12, and BE IT FURTHER RESOLVEDsets a Public Information Session , the Town Board hereby for review of the DGEIS document on May 6, 2008 at 7:30 p.m. at the Southold Town Hall, 53095 Main Road, Southold; and BE IT FURTHER RESOLVEDhold a public hearing on the Draft , the Town Board will GEIS at a special Town Board Meeting on May 27, 2008 at 7:30 p.m. at the Southold Town Hall, 53095 Main Road, Southold , to receive public comment on the DGEIS. At least 10 days will be provided for written comment after the close of the public hearing, and BE IT FURTHER RESOLVED , that the Town Board of the Town of Southold hereby directs the Town Clerk to file Notice of the Public Hearing in at least one (1) local newspaper, at least fifteen (15) days prior to the Public Hearing. Town of Southold Supervisor’s Office Town Clerk of the Town of Southold Town of Southold Planning Board Town of Southold Zoning Board of Appeals Town of Southold Town Trustees Suffolk County Dept. of Health Services Suffolk County Dept. of Public Works Suffolk County Water Authority Suffolk County Planning Commission NYS Dept. of Environmental Conservation, Commissioner, Albany NYS Dept. of Environmental Conservation, Regional Office at Stony Brook Southold Town Meeting Agenda - April 22, 2008 Page 39 NYS Dept. of Transportation NYS Dept. of State US Army Corps of Engineers Inc. Village of Greenport Town of Riverhead Town of Southampton Town of Shelter Island ? Vote Record - Resolution RES-2008-415 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-416 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Approve Agreement with CSEA RESOLVEDapproves the that the Town Board of the Town of Southold hereby memorandum of agreement between the Town of Southold and the CSEA dated April 22, 2008, concerning the settlement of grievances. ? Vote Record - Resolution RES-2008-416 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-417 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney LL Dock Moratorium WHEREAS , there has been presented to the Town Board of the Town of Southold, Suffolk “A Local Law in County, New York, on the 22nd day of April 2008 a Local Law entitled Southold Town Meeting Agenda - April 22, 2008 Page 40 Relation to a One Hundred and Eighty (180) day Moratorium on the Processing, Review of, and Making Decisions on Dock Applications (new or pending) made to the Board of Trustees pursuant to Chapter 275 ‘Wetlands and Shoreline’ of the Code of the Town of Southold” now, therefore, be it RESOLVEDhold a public hearing on the that the Town Board of the Town of Southold will aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 20th day of May 2008 at 4:45 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed local law entitled, “A Local Law in Relation to a One Hundred and Eighty (180) day Moratorium on the Processing, Review of, and Making Decisions on Dock Applications (new or pending) made to the Board of Trustees pursuant to Chapter 275 ‘Wetlands and Shoreline’ of the Code of the Town of Southold” reads as follows: LOCAL LAW NO. ___ of 2008 “A Local Law in Relation to a One Hundred and Eighty (180) day Moratorium on the Processing, Review of, and Making Decisions on Dock Applications (new or pending) made to the Board of Trustees pursuant to Chapter 275 ‘Wetlands and Shoreline’ of the Code of the Town of Southold”. BE IT ENACTED BY, the Town Board of the Town of Southold as follows: Section 1: Legislative Intent The Town Board finds that the construction of docks in the Peconic Bay, Long Island Sound, Block Island Sound and Fishers Island Sound impairs the Town’s unique environment and ecology. The construction of docks in these waters results in environmental and physical degradation including, but not limited to, impacts to vegetation, water quality, marine life and benthic communities. Docks have the effect of impeding the public access and use of waters and shorelines, affecting navigation of vessels and creating negative aesthetic impacts. Southold Town Meeting Agenda - April 22, 2008 Page 41 The Town Board finds that it is necessary to temporarily suspend the approval process for new docks in these waters, in order to comprehensively review the current code provisions and recent scientific studies. The Town Board expects to prepare legislation to address when, and under what circumstances, docks may be permitted in the Peconic Bay, Long Island Sound, Block Island Sound and Fishers Island Sound. Section 2: Enactment of a Temporary Moratorium Chapter 275 §275-17 Temporary Moratorium A. For a period of one hundred and eighty (180) days following the effective date of this Local Law after which date this Local Law shall lapse and be without further force and effect: 1) The Board of Trustees of the Town of Southold shall not accept for review, continue review, hold a hearing or make any decision upon any application (new or pending) made pursuant to Chapter 275 of the Town Code of the Town of Southold for any new dock (as defined in Chapter 275) proposed to be located in the Peconic Bay, Long Island Sound, Block Island Sound and Fishers Island Sound; 2) The Board of Trustees of the Town of Southold shall not accept for review, continue review, hold a hearing or make any decision upon any application (new or pending) made pursuant to Chapter 275 of the Town Code of the Town of Southold for any extension or addition to any existing dock (as defined in Chapter 275) located in the Peconic Bay, Long Island Sound, Block Island Sound and Fishers Island Sound. B. APPLICATION 1) This Local Law shall apply to ALL (new or pending) applications for a Chapter 275 permit from the Board of Trustees of the Town of Southold for any new or existing dock (as that term is defined in Chapter 275). Southold Town Meeting Agenda - April 22, 2008 Page 42 C. EXCLUSIONS This Local Law shall not apply to: 1) the ordinary and usual maintenance or repair, in-place, of a presently existing dock that has been issued a permit by the Board of Trustees. D. CONFLICT WITH OTHERS LAWS AND AUTHORITY TO SUPERCEDE To the extent that any provisions of this Local Law are in conflict with or are construed as inconsistent with the provisions of Chapter 275 of the Southold Town Code this Local Law supercedes, amends and takes precedence over such provisions pursuant to the Town’s municipal home rule powers, pursuant to Municipal Home Rule Law section 10(1)(ii)(d)(3); section 10(1)(ii)(a)(14) and section 22 to supercede any inconsistent authority. In particular, this local law supercedes Southold Town Code Chapter 275 sections 275-5 and sections 275-7 through 11, to the extent that these sections require the Board of Trustees to act upon, hold hearings on, and make decisions concerning applications. E. APPEALS PROCEDURE The Town Board shall have the authority to vary or waive the application of any provision of this Local Law, in its legislative discretion, upon its determination that such variance or waiver is required to alleviate an extraordinary hardship. To grant such a request the applicant must file with the Town Board and the Board of Trustees supporting documentation. Any request for a variance or waiver shall be filed with the Town Clerk and the Board of Trustees (for recommendation) and shall include a fee of $50.00 dollars for the processing of the application. The application and Board of Trustee recommendation shall be transmitted to the Town Board which may conduct a public hearing and make a final decision on the application, with or without conditions. Final approval is reserved to the absolute legislative discretion of the Town Board. Section 3: SEVERABILITY Southold Town Meeting Agenda - April 22, 2008 Page 43 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 effect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Section 4: EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ? Vote Record - Resolution RES-2008-417 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-418 CATEGORY: Public Service DEPARTMENT: Town Clerk Waive the 30 Day Notification for the Renewal of a Liquor License to Blue Dolphin Hotel Inc., RESOLVEDwaives the 30 Day that the Town Board of the Town of Southold hereby notification for the renewal of a liquor license to Blue Dolphin Hotel Inc., 7850 Main Street, East Marion, New York. ? Vote Record - Resolution RES-2008-418 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-419 CATEGORY: Public Service DEPARTMENT: Town Clerk Southold Town Meeting Agenda - April 22, 2008 Page 44 Waive the 30 Day Notification for the Transfer of a Liquor License to Aepos Corp. RESOLVEDwaives the 30 Day that the Town Board of the Town of Southold hereby notification for the transfer of a liquor license to Aepos Corp. from the Rhumb Line, 34 Front Street, Greenport, New York ? Vote Record - Resolution RES-2008-419 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-420 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Appoint Neboysha Brashich to Serve on the Board of Trustees for the Long Island North Fork Heritage Program RESOLVEDappoints Neboysha that the Town Board of the Town of Southold hereby Brashich to serve on the newly-formed Board of Trustees for the Long Island North Fork Heritage Program , effective immediately, at $2500 per annum plus expenses. ? Vote Record - Resolution RES-2008-420 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-421 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL Dog & Cat Care Facilities WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk Southold Town Meeting Agenda - April 22, 2008 Page 45 “A Local Law in County, New York, on the 25th day of March, 2008 a Local Law entitled relation to Dog and Cat Care Facilities in the Limited Business Zone” and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVEDENACTS that the Town Board of the Town of Southold hereby the proposed “A Local Law in relation to Dog and Cat Care Facilities in the Limited Local Law entitled, Business Zone” reads as follows: LOCAL LAW NO. 4 of 2008 “A Local Law in relation to Dog and Cat Care Facilities in the A Local Law entitled, 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. Southold Town Meeting Agenda - April 22, 2008 Page 46 § 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: 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. Southold Town Meeting Agenda - April 22, 2008 Page 47 (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 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-2008-421 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-422 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL Dormers on 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” and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVEDENACTS that the Town Board of the Town of Southold hereby the proposed Southold Town Meeting Agenda - April 22, 2008 Page 48 “A Local Law in relation to Dormers on Accessory Landmarked Local Law entitled Buildings” whichreads as follows: LOCAL LAW NO. 3 of 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 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 Southold Town Meeting Agenda - April 22, 2008 Page 49 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. 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-2008-422 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded VI. PUBLIC HEARINGS 1. PH 4/22/08 At 7:40Pm a Local Law In Relation to Dog and Cat Care Facilities In the Limited Business Zone 2. Set 4/22/08 7:25Pm for a Public Hearing Re: a Local Law In Relation to Dormers on Accessory Landmarked Buildings