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Home My WebLink AboutAG-08/12/2008 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 FINAL AGENDA SOUTHOLD TOWN BOARD August 12, 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 August 12, 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 ??? Town Attorney Patricia A Finnegan I. REPORTS 1. Board of Trustees July 2008 2. Department of Public Works Monthly Report July 2008 3. Program for the Disabled July 2008 4. Judge Bruer July 2008 Southold Town Meeting Agenda - August 12, 2008 Page 2 II. PUBLIC NOTICES III. COMMUNICATIONS IV. DISCUSSION 1. 9:00 A.M. Erosion Mitigation & Beach Restoration Committee 2. 9:30 A.M. - Heather Lanza - Bed & Breakfast in the MI & MII Zones - Planning Department Work Plan - Basic Design Standards for Residential Site Plans 3. Request for Support of Resolution Ed Romaine 4. Farmstand Code 5. Code Committee Follow-Up Set Next Meeting Agenda 6. 11:00 A.M. - Melissa Spiro, Jim McMahon Community Preservation Management & Stewardship Plan 7. Small Lot Policy Proposal 8. 12:00 Noon - Executive Session - Melissa Spiro Property Acquisition 9. Executive Session Litigation 10. Executive Session CSEA Negotiations 11. Lunch 12. Jet Skis Proximity to Designated Swimming Areas Councilman Wickham & Assistant Town Attorney 13. Animal Shelter Change Order - James Richter - Change in Contract Southold Town Meeting Agenda - August 12, 2008 Page 3 - Needs change officially approved 14. Permission for “Haunted Attraction” V. RESOLUTIONS 2008-756 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit Dated August 12, 2008 RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby August 12, 2008. ? Vote Record - Resolution RES-2008-756 ? 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 2008-757 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Next Meeting August 26, 2008 at 4:30 P.M. RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, August 26, 2008 at the Southold Town Hall, Southold, New York at 4:30 P. M.. ? Vote Record - Resolution RES-2008-757 ? 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 2008-747 Southold Town Meeting Agenda - August 12, 2008 Page 4 Tabled 7/29/2008 4:30 PM CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL 9 Inclusionary Zoning WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk “A Local Law in Relation County, New York on the 1st day of July, 2008, a Local Law entitled to amendments to Inclusionary Zoning requirements in the Code of the Town of Southold”, a nd 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 amendments to Inclusionary Zoning Local Law entitled requirements in the Code of the Town of Southold”, reads as follows: Local Law No. _9__ 2008 Section 1. Purpose- The Town Board of the Town of Southold enacted legislation in 2004 requiring developers of a standard subdivision to include provisions for affordable housing in the subdivision. Since that time, no affordable homes have been built pursuant to the requirement, as developers have pursued other options. This Town Board has taken a hard look at the original legislation, and considered feedback from the Planning Department in preparing these amendments. The purpose of this legislation is to advance the goal of increasing housing opportunities for families and individuals in the Town of Southold, while at the same time providing greater flexibility for the subdivision applicant so that these goals can be realized. The law will reduce the required set-aside to 20% to be more consistent with the national standard. The law will allow for a buy-out of the requirement, with the funds being deposited into the Housing Fund to create housing opportunities elsewhere in Town. One possible option would be the provision of loans from the buy-out funds to assist residents to buy into existing housing stock. The law provides for phasing of construction to ensure that homes required to be built pursuant to the requirement are actually constructed, and are of the same appearance and quality of other homes in the subdivision. This Local Law changes the “priority” groups used to determine eligibility for the Town housing programs. It increases the residency requirement to three years, and provides additional priority groups for age-restricted (age 55 and over) affordable housing administered through the Town. Southold Town Meeting Agenda - August 12, 2008 Page 5 The original legislation was prompted by the rapid escalation of real estate prices (129% increase in five years). Although the escalation of home sales has abated, the Town Board finds that affordable housing is still a crisis for local residents. Suffolk Research Services, Inc. reported that the median sales price for single-family homes in the Town of Southold was $510,000 for 2007 and decreased to $485,000 for the first quarter of 2008. The decrease is likely partially attributable to the sale of 22 below-market homes in The Cottages. There are currently more than 300 households on the Town’s housing registry. Incomes of local residents in need of affordable housing have not kept pace with housing prices, despite their decline. The Town Board finds that these changes are necessary to further the goals of providing a range of affordable housing within the Town. Section 2.Code Amendment. Chapter 240 of the Code of the Town of Southold is hereby amended as follows: § 240-10 B. (2) Standard Subdivision. (c) Affordable housing requirement. Every new standard residential subdivision involving the creation of five or more lots shall comply with the requirements herein to provide affordable housing. Twenty [1] Twenty-five percent of the lot yield as determined pursuant to § 240- 10B(2)(a) and (b) shall be set aside as moderate-income family dwelling units (MIFDU), as defined, created and administered under the provisions of the Affordable Housing District, §§ 280-24 through 280-33 of this Code. Each MIFDU shall be created subject to covenants and restrictions as set forth at § 280-30 or through another mechanism approved by the Town Board that will keep units perpetually affordable. The number of if MIFDU units required in a subdivision shall be rounded up to the next whole number the fractional requirement is .50 or greater, and shall be rounded down to the next whole number if the fractional requirement is less than .50. [2] Upon application to the Planning Board, the requirement to build 20% of the total number of units as MIFDUs in the subdivision may be waived. This requirement may be waived only upon applicant’s choosing any one or combination of the following options pursuant to a plan that is acceptable to the Planning Board and furthers the goals for creating a variety of affordable housing opportunities within the Town. In satisfaction of the requirement to create 25% MIFDU units, the standard subdivision applicant shall be required to construct no less than 10% of the total yield as MIFDU units in the subdivision. All subdivisions shall have at least one constructed MIFDU unit within the subdivision. The remaining required units shall be provided by the applicant in any of the following ways: [a] The applicant may construct dwelling units in the subdivision equal in number to the remaining percentage, thereby providing a total of 25% of the yield of the subdivision as MIFDU units. If this option is chosen, the applicant will Southold Town Meeting Agenda - August 12, 2008 Page 6 receive an increased density of one additional lot per MIFDU lot created in excess of 10% under this option. The additional lots shall be built in the subdivision and shall be MIFDU units. For each additional lot created as part of the increased density pursuant to this option, the developer shall pay a sum representing the cost of development rights equal to the number of additional units created. This sum shall be set annually by Town Board resolution and shall be based on the average cost of development rights purchased by the Town in the previous year. The resolution in effect at the time of the preliminary plat hearing shall determine the sum to be paid under this section. This amount shall be paid to the Community Preservation Fund to be used according to the terms of the Fund. Alternatively, in lieu of payment, the developer may extinguish an equivalent number of development rights on another parcel in Town, in a form approved by the Town Attorney. [ab] The applicant shall pay a sum to the Town of Southold Housing Fund. The sum shall be based on the number of required MIFDU lots not constructed in the subdivision. The per unit sum shall be set annually by resolution of the Town , Board and shall consider factors such as the average cost of building lots and and median income costs of construction in the Town of Southold. [b] The applicant may build all of the units in another location within the Town of Southold. [c] The applicant may provide property with development rights equal to the number of the required MIFDU units not constructed in the subdivision, to the Town of Southold Housing Fund, North Fork Housing Alliance, Community Land Trust of Southold Town, or other similar organization approved by the Town Board for the sole purpose of developing affordable housing on the site. The property must be acceptable to the recipient as a viable site for affordable housing development, and proof of same must be provided to the Planning Board during preliminary plat review. this is chosen and a waiver of the requirement to build [d] If the option MIFDUs in the subdivision is approved, provided in Subsection B(2)(c)[2][b] or [c] is chosen, the applicant may build any remaining allowed lots in the subdivision, and they shall not be required to be MIFDU units. [3] Fee Waiver. An applicant shall receive a waiver of all application fees, building permit fees, plan review fees, inspection fees, park and playground fees and such other development fees and costs attributable to the MIFDUs built in the subdivision. A waiver may not be granted for Sanitary Flow Credits purchased pursuant to the provisions of Chapter 117. [4] Phasing of Construction. The applicant shall provide to the Planning Board a phasing plan that provides for the timely and integrated development of the Southold Town Meeting Agenda - August 12, 2008 Page 7 affordable housing units as the subdivision is built out. The phasing plan shall provide for the development of the MIFDUs concurrently with the market rate units. Building permits shall be issued for dwelling units within the subdivision based on the phasing plan. The phasing plan may be adjusted by the Planning Board when necessary in order to account for different financing and funding environments, economies of scale, and infrastructure needs applicable to the development of the market rate and the MIFDUs. The phasing plan shall also provide that the MIFDUs shall not be the last units to be developed in the applicable subdivision. [5] Exterior Appearance. The exterior appearance of the MIFDUs shall be visually compatible with the market rate units in the development. External building materials and finishes shall be substantially the same in type and quality for MIFDUs and market rate units. [6] Appeal. A developer of any project subject to the requirements of this chapter may appeal to the Town Board for a reduction, adjustment or waiver of the requirements based upon the absence of any reasonable relationship or nexus between the impact of the development and either the amount of fee charged or the inclusionary requirement. Section 3Code Amendment. . Chapter 280 of the Code of the Town of Southold is hereby amended as follows: § 280-25. Definitions. For the purpose of this article, the following terms, phrases and words shall have the following meanings: ASSET- Includes real property holdings and equity, personal property (car, boat, etc.) valued in excess of $10,000, savings, cash, IRA’s, 401k, and any federally recognized tax deferred vehicles. HEAD OF HOUSEHOLD - The adult member of the family who is the head of the household for purposes of determining income eligibility and rent. HOUSEHOLD - The family and live-in-aide, if applicable. PRIMARY RESIDENCE- The address listed on a person’s Federal Income Tax return. § 280-30. General regulations and requirements. (non-age restricted) C. Eligibility. In each AHD, the sale or lease of dwelling units and unimproved lots shall be reserved for moderate-income families who do not have any ownership interest in any other residence or vacant lot. The net worth of an applicant (individual or family) shall not exceed 25% of the purchase price of a home sold pursuant to this section. The eligible Southold Town Meeting Agenda - August 12, 2008 Page 8 applicants shall be grouped on a priority basis, and a lottery system will be administered by the Special Projects Coordinator within each group in a formula acceptable to the Town Board. The priority groups are as follows: (1) Income eligible individuals or families who have lived and worked in the Town of in the same school district as the dwelling unit or lot Southold for a period of at least three s one year prior to the submission of their application. (2) Income eligible individuals or families who have lived in the Town of Southold for a period of at least three years prior to the submission of their application. (3) Income eligible individuals/families who have been employed in the Town of Southold for a period of at least one year prior to the submission of their three years application. (4) Income eligible individuals/families who have previously lived for a minimum of three years one year in the Town of Southold and wish to return. (5) To all other eligible applicants. D. Age-restricted (age 55 and over) dwelling units or unimproved lots. The sale or lease of dwelling units and unimproved lots in an age-restricted community shall be reserved for moderate-income families in the following order of priority: (1) Income eligible individuals or families where the head of household is age 55 or over, who have had a primary residence in the Town of Southold for a period of at least five (5) years prior to the submission of the application, and do not own real estate. Household annual income may not exceed 80% of the HUD median income for Suffolk County and net worth may not exceed twice the price of the unit to be purchased. (2) Income eligible individuals or families where the head of household is age 55 or over, who have had a primary residence in the Town of Southold for a period of at least five (5) years prior to the submission of the application, and do not own real estate. Household annual income may not exceed 100% of the HUD median income for Suffolk County and net worth may not exceed twice the price of the unit to be purchased. (3) Income eligible individuals or families where the head of household is age 55 or over, who have had a primary residence in the Town of Southold for a period of at least five (5) years prior to the submission of the application, and who will be divested of all real estate holdings within 90 days of the contract execution with project sponsor (such 90 day period may be extended by resolution of the Town Board). Household annual income may not exceed 80% of the HUD median income for Suffolk County and net worth may not Southold Town Meeting Agenda - August 12, 2008 Page 9 exceed twice the price of the unit to be purchased. (4) Income eligible individuals or families where the head of household is age 55 or over, who have had a primary residence in the Town of Southold for a period of at least five (5) years prior to the submission of the application, and who will be divested of all real estate holding within 90 days of the contract execution with project sponsor (such 90 day period may be extended by resolution of the Town Board). Household annual income may not exceed 100% of the HUD median income for Suffolk County and net worth may not exceed twice the price of the unit to be purchased. (5) Income eligible individuals or families where the head of household is age 55 or over, who have had a residence in the Town of Southold for a period of at least five (5) years prior to the submission of the application, and who will be divested of all real estate holding within 90 days of the contract execution with project sponsor. Household annual income may not exceed 100% of the HUD median income for Suffolk County and net worth may not exceed twice the price of the unit to be purchased. (6) Other income eligible applicants age 55 or over whose household annual income may not exceed 100% of the HUD median income for Suffolk County and net worth may not exceed twice the price of the unit to be purchased. Section 4. Severability . If any section or subsection, paragraph, clause, phrase or provision of this law shall be adjudged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional. Section 5. Effective Date. This Local Law shall take effect immediately upon filing with the Secretary of State. ? Vote Record - Resolution RES-2008-747 ? 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 2008-758 CATEGORY: Employment - Town DEPARTMENT: Accounting Contract with the Hartford for Deferred Comp Southold Town Meeting Agenda - August 12, 2008 Page 10 WHEREAS , the Town of Southold did establish a Deferred Compensation Plan for employees, and WHEREAS , the Deferred Compensation Committee did accept and review proposals for the administration of the Deferred Compensation Plan for a five-year contract period as stipulated in Section 9003 of , and Subtitle II, Title 9 NYCRR WHEREAS , the Deferred Compensation Committee does recommend the award of such contract to The Hartford as Administrative Services Agency and Financial Organization pursuant to section 9003 of , and Subtitle II, Title 9 NYCRR WHEREAS , the Deferred Compensation Committee does recommend that State Street Bank and Trust Company act as trustee, NOW, THEREFORE, BE IT RESOLVEDadopts the “Model Plan” that the Town Board of the Town of Southold hereby with an effective date of January 1, 2002 including amendments through December 7, 2007, and be it further RESOLVED that the Supervisor Scott Russell, Chairman of the Town of Southold Deferred execute all necessary documents to Compensation Plan, is hereby authorized and directed to contract with The Hartford and State Street Bank & Trust Company for administrative, financial, and trustee services for the Town of Southold Deferred Compensation Plan for the period September 1, 2008 or as soon thereafter as possible through August 31, 2013 . ? Vote Record - Resolution RES-2008-758 ? 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 - August 12, 2008 Page 11 2008-759 CATEGORY: Budget Modification DEPARTMENT: Town Clerk Budget Modification to Town Clerk Budget Fiscal Impact: This budget modification will transfer $1,291.00 from Town Clerk Full-Time Regular Earnings to Town Clerk Full-Time Employee Sick Earnings. It was estimated last year in 2007 for 2008 budget that $10,000.00 would be necessary to pay out these sick earnings. However, due to additional raise, given by Town Board to this employee, the payout amount calculated to an additional $1,291.00 in sick earnings. RESOLVEDmodifies the 2008 Town that the Town Board of the Town of Southold hereby Clerk Whole Town budget as follows: From: A.1410.1.100.100 Town Clerk , P.S. , Full-Time Employees $1,292.00 Regular Earnings To: A.1410.1.100.400 Town Clerk, P.S., Full-time Employees $1,292.00 Sick Earnings ? Vote Record - Resolution RES-2008-759 ? 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 2008-760 CATEGORY: Attend Seminar DEPARTMENT: Town Attorney Grants Permission to Town Attorney, Patricia A. Finnegan, to Attend the Seminar Entitled “Environmental Law Section Fall Meeting” at the Hyatt Regency Long Island at Wind Watch Golf Club in Hauppauge, New York RESOLVEDgrants permission to Town that the Town Board of the Town of Southold hereby Attorney, Patricia A. Finnegan, to attend the seminar entitled “Environmental Law Section Southold Town Meeting Agenda - August 12, 2008 Page 12 Fall Meeting” at the Hyatt Regency Long Island at Wind Watch Golf Club in Hauppauge, New York , on September 26, 2008. All expenses for registration and travel are to be a charge to the 2008 Town Attorney budget. ? Vote Record - Resolution RES-2008-760 ? 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 2008-761 CATEGORY: Budget Modification DEPARTMENT: Trustees Pump-Out Boat/Employee Earnings Fiscal Impact: Due to a major mechanical engine breakdown, the Greenport pump-out boat has been out of service since June 26, 2008. Trustee David Bergen agreed to have our boat service on a limited basis the waters of Greenport Village in return for no charge for any effluent discharge between June 26th and when the Greenport boat was back in service. The Southold boat operators showed self-initiative making the decision to spend extra hours in the Village waters, resulting in overtime charges. Once Trustee David Bergen was made aware of this, he communicated with both Greenport and our operators that unless they received authorization in advance, they could not work more than 17 hours per week. Trustee David Bergen would recommend that the funds required to cover the overtime be taken from the effluent discharge line. RESOLVEDmodifies the 2008 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: From: A.8090.4.400.840 Pump-Out Waste Disposal $600.00 To: A.8090.1.300.200 Seasonal Employees Overtime Earnings $600.00 Southold Town Meeting Agenda - August 12, 2008 Page 13 ? Vote Record - Resolution RES-2008-761 ? 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 2008-762 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute Agreements Between Harold’s LLC (Harold Cook) and the Town of Southold RESOLVED amends Resolution No. that the Town Board of the Town of Southold hereby 2008-740 to read as follows: RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute Agreements between Harold’s LLC (Harold Cook) and the Town of Southold for the maintenance of the Pump Station of the Fishers Island Sewer District for a period effective June 1, 2008 through December 31, 2008, for the sum of $888.19 AND $1,036.21 for the maintenance of the Grounds of the Fishers Island Sewer District for a period effective June 1, 2008 through December 31, 2008, for the sum of $495.57 $578.13, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-762 ? 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 2008-763 CATEGORY: Budget Modification DEPARTMENT: Police Dept Budget Modification - Police Southold Town Meeting Agenda - August 12, 2008 Page 14 Fiscal Impact: Transferring from the budget line created for equipment to set up new vehicles to a newly created line for equipment to set up new vehicles RESOLVEDmodifies the 2008 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: From: A.3120.2.500.775 In Car Video/Computer/Radios $1840.00 To: A.3120.2.500.875 Other Vehicle Equipment $1840.00 ? Vote Record - Resolution RES-2008-763 ? 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 2008-764 CATEGORY: Employment - Town DEPARTMENT: Town Clerk Town Clerk - Records Management PT RESOLVEDappoints Amanda that the Town Board of the Town of Southold hereby Nunemaker to the position of a part-time clerk-typist in the Town Clerk Records Management Office, 17 ½ hours per week, effective August 22, 2008, at the rate of $12.28 per hour. ? Vote Record - Resolution RES-2008-764 ? 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 2008-765 CATEGORY: Grants Southold Town Meeting Agenda - August 12, 2008 Page 15 DEPARTMENT: Community Development Amend Resolution 2008-725 RESOLVEDResolution 2008- that the Town Board of the Town of Southold hereby amends 725 authorizing Supervisor Scott A. Russell to execute a Subrecipient Agreement, as part if the 2008 Community Development Block Grant Program, with Community Action Southold Town (CAST). The grant amount is $7,500 and not the $5,000 as stated in Resolution 2008-725, all in accordance with the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-765 ? 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 2008-766 CATEGORY: Authorize to Bid DEPARTMENT: Public Works Abandon Mooring Removal Project RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise for bids for the removal of abandon moorings in Southold Town water, as per the plans and specification prepared by L.K. McLean Associates ? Vote Record - Resolution RES-2008-766 ? 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 2008-767 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Southold Town Meeting Agenda - August 12, 2008 Page 16 Authorizes and Directs Supervisor Scott A. Russell to Execute the PSAP Agency Agreement Between the County of Suffolk and the Town of Southold in Connection with the Enhanced 911 Program RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the PSAP Agency Agreement between the County of Suffolk and the Town of Southold in connection with the Enhanced 911 Program for a 5- year term, at a cost not to exceed $40,000.00 for calendar year 2008, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-767 ? 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 2008-768 CATEGORY: Attend Seminar DEPARTMENT: Accounting NYS GFOA LI Regional Fall Conference-Cushman RESOLVED grants permission to Town that the Town Board of the Town of Southold hereby Comptroller John Cushman to attend the NYS GFOA Long Island Regional Fall Seminar in Great River, New York on Tuesday, September 9, 2008. All expenses for registration and travel will be a legal charge to the 2008 Accounting & Finance Department budget, Meetings and Seminars (A.1310.4.600.200). ? Vote Record - Resolution RES-2008-768 ? 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 2008-769 CATEGORY: Contracts, Lease & Agreements Southold Town Meeting Agenda - August 12, 2008 Page 17 DEPARTMENT: Town Clerk FIFD Renew Insurance Policies RESOLVED that the Town Board of the Town of Southold, upon recommendation of the renews the 2008-2009 Property /Liability insurance Fishers Island Ferry District hereby package, administered by Gencorp Insurance Group for the renewal premium of $53,670.27. ? Vote Record - Resolution RES-2008-769 ? 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 2008-770 CATEGORY: Employment - Town DEPARTMENT: Accounting Hire Donna Goodale as Fulltime Food Service Worker RESOLVEDappoints Donna Goodale that the Town Board of the Town of Southold hereby to the position of a full time Food Service Worker for the Human Resource Center, effective August 13, 2008 at a rate of $ 24,979.50 per annum. ? Vote Record - Resolution RES-2008-770 ? 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 2008-771 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint Gary Ostroski to PT Food Service Worker HR Southold Town Meeting Agenda - August 12, 2008 Page 18 RESOLVEDappoints Gary Ostroski to that the Town Board of the Town of Southold hereby the position of a part-time Food Service Worker (not to exceed 17 ½ hours per week) for the Human Resource Center, effective September 2, 2008, at a rate of $12.56 per hour. ? Vote Record - Resolution RES-2008-771 ? 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 2008-772 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Solid Waste Management District SWMD Temporary Storage Fiscal Impact: Paid in advance, this will save approx. $500 in fiscal year 2008, and approx. $10,000 in Town Garbage Bag storage costs over the life of the agreement. RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an agreement for the Solid Waste Management District with North Fork Self Storage in the amount of $6,110 for the term August 15, 2008 – August 31, 2009 for secure storage of inventory, all in accordance with the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-772 ? 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 2008-773 CATEGORY: Attend Seminar DEPARTMENT: Highway Department Harris Attend Conference Southold Town Meeting Agenda - August 12, 2008 Page 19 RESOLVEDgrants permission to that the Town Board of the Town of Southold hereby Superintendent of Highways Peter W. Harris to attend the Suffolk County Highway Superintendent’s Association Conference to be held at the Pridwin Hotel, Shelter Island, New York, September 14 - 16, 2008. All travel expenses, lodging and registration to be a legal charge to DB.5140.4.600.200 and DB.5140.4.600.300. ? Vote Record - Resolution RES-2008-773 ? 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 2008-774 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Peconic Landing Event Bailey Beach RESOLVED grants permission to allow the Town Board of the Town of Southold hereby overflow vehicles to park on Bailey Beach Road in Mattituck without a permit on Sunday, August 24, 2008 from 4:00 P.M. to 8:00 P.M. for an event sponsored by Peconic Landing at the Bailey Beach Lodge provided Peconic Landing contacts Capt. Flatley upon receipt of this resolution to coordinate parking for that date. ? Vote Record - Resolution RES-2008-774 ? 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 2008-775 CATEGORY: Organizational DEPARTMENT: Town Clerk Southold Town Meeting Agenda - August 12, 2008 Page 20 Create Beach Erosion Mitigation & Restoration Comm RESOLVEDcreates the Southold Town Beach Erosion Mitigation and that the Town hereby Restoration Task Force , to consist of eight (8) members, and three (3) liaisons, who shall serve a term not to exceed six (6) months; the members to serve without compensation; and be it further RESOLVEDcreated that the Beach Erosion Mitigation and Restoration Task Force is hereby for the following purpose: To develop a town administered action plan to address the critical issue of beach erosion and to develop and evaluate options to replenish eroded public and private beaches. Such options should include the acquisition of dredge equipment to be used for this purpose. ? Vote Record - Resolution RES-2008-775 ? 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 2008-776 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Appoint Member to BEM & RTF RESOLVEDappoints the following that the Town Board of the Town of Southold hereby individuals to the Beach Erosion Mitigation & Restoration Task Force, for a term not to exceed six (6) months: Eugene Berger Peter McGreevy Chris Showalter Jerry Schulteis Robert Lehnert Robert Ghosio Jamie Richter James McMahon Jill Doherty & David Bergen - liaisons Albert Krupski - Town Board liaison Southold Town Meeting Agenda - August 12, 2008 Page 21 ? Vote Record - Resolution RES-2008-776 ? 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 2008-777 CATEGORY: Employment - Town DEPARTMENT: Police Dept Resignation PO Fohrkolb RESOLVEDacknowledges the that the Town Board of the Town of Southold hereby retirement of Andrew Fohrkolb, from his position as a Police Officer for the Town of Southold , effective August 10, 2008. ? Vote Record - Resolution RES-2008-777 ? 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 2008-778 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Engineering Change Order #1 Animal Shelter RESOLVEDapproves Change Order #1 that the Town Board of the Town of Southold hereby to the Animal Shelter Construction contract with Construction Consultants , dated July 25, 2008 in the amount of $12,063.66. Southold Town Meeting Agenda - August 12, 2008 Page 22 ? Vote Record - Resolution RES-2008-778 ? 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 2008-779 CATEGORY: Budget Modification DEPARTMENT: Town Clerk Budget Modification- Records Management Fiscal Impact: This budget modification will transfer $8,000.00 From: Records Management Personal Services, Full-Time Overtime Earnings (3,000) & from Office Equipment (5,000) To: Personal Services Part-Time Employees to cover the hiring of Amanda Nunemaker Part-Time in Records Management Office effective August 22 – December 31, 2008. (Resolution Number 764 on today’s agenda) RESOLVEDmodifies the 2008 that the Town Board of the Town of Southold hereby Town Clerk Whole Town Budget as follows: From: A.1460.1.100.200 Records Management Office Full-Time Personal Services, Overtime Earnings $3,000.00 A.1460.2.200.500 Records Management Office $5,000.00 Equipment, Office Equipment To: A.1460.1.200.100 Records Management Office Part-Time Employees $8,000.00 ? Vote Record - Resolution RES-2008-779 ? 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 - August 12, 2008 Page 23 2008-780 CATEGORY: Budget Modification DEPARTMENT: Town Clerk Budget Modification - SWMD Fiscal Impact: PROPOSED BUDGET MODS ARE INTENDED TO COVER COSTS FOR THESE ITEMS THROUGH 2008. Diesel Fuel and Electric are significantly higher than budgeted. The budget for Town Garbage Bags is depleted due to surcharges for plastic resin, as a result of rising oil costs, approved in the contractor’s bid in 2007. Storage space rental will reduce current year costs for handling bag inventory (as well as through August 2009). MSW Removal costs are running somewhat under projections. The remainder in this line may still be sufficient to cover 2008 charges. RESOLVEDmodifies the 2008 Solid that the Town Board of the Town of Southold hereby Waste Management District budget, as follows: To SR 8160.4.100.200 Diesel Fuel $ 30,000.00 SR 8160.4.100.650 Town Garbage Bags $ 18,000.00 SR 8160.4.200.200 Light and Power $ 7,500.00 SR 8160.4.400.600 Scale Maintenance $ 1,500.00 FROM SR 8160.4.400.805 MSW Removal $ 57,000.00 ? Vote Record - Resolution RES-2008-780 ? 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 2008-781 CATEGORY: Policies DEPARTMENT: Town Attorney Small Parcel Preservation Policy RESOLVED adopts the following that the Town Board of the Town of Southold hereby “Small Parcel Preservation Policy” as a guiding document for use by the Land Southold Town Meeting Agenda - August 12, 2008 Page 24 Preservation Committee in their review of proposed acquisitions. Town of Southold Small Parcel Preservation Policy: 1. Intent: Typically Southold’s program focuses on large sub-dividable parcels; but, preservation of certain small parcels may have significant environmental benefit or aesthetic value and may even define a neighborhood. Such small parcels are worthy of preservation and should be pursued when it appears that criteria in this policy can be met. ?? A small parcel is defined as generally less than about 40,000 square feet total, but may be more if non-subdividable or has a large portion of unbuildable area. ?? Preservation of small lots shall be guided by the special guidance that follows as well (1) as the Town’s general policy for land preservation. 2. Criteria, in addition to agreeable cost and general land preservation criteria: The Town will consider small lots offered for preservation if: a) Acquisition creates public access to navigable water or the littoral zone, or -- b) Significant environmental, scenic, aesthetic, historic or public health benefit to the townspeople is demonstrated. Such benefit to be demonstrated by the Town’s natural resources professional, the Town Historian or Town Engineer (drainage) as applicable, or an equivalent outsourced capability. 3. When Town preservation is indicated: Preservation may be by purchase of development rights (conservation or other type of easement) or by outright purchase (fee simple or bargain sale). Gifts may be by either mode. a) Purchase of Development Rights: In the case of purchase of development rights, a clear severance of all development rights on the entire parcel is preferred in the interest of simplicity and minimization of Town costs. At minimum, the Town is to receive an easement stating that no residential structure or accessory structure, or structure accessory to contiguous land, will be placed upon the parcel; except on the upland portion where a minimal dock approach, without utilities, up to 200 square feet in size may be placed. Any dock or structure of course, must have the necessary regulatory permits. The rights and obligations of the grantee and the grantor shall be clearly and completely stated in the easement agreement. Any easement must include description of the private uses retained by the easement grantorand the price paid shall not exceed the public value of the purchase after the retained uses are considered. Development rights not so specified as retained are parts of the rights purchased. b) Outright Purchase: All interests in the parcel become the property and Southold Town Meeting Agenda - August 12, 2008 Page 25 responsibility of the town by fee simple transfer. c) Local Preservation: A third method of small lot preservation may be by “local preservation” - that is, where title to any interest in the parcel would be held by local area or contiguous residents and the Town’s role is limited to assistance with procedural advice and professional services. Services such as planning, a survey, planning consultation, flagging, law interpretation, research, mediation and communication services, as well as limited grants, may be Town provided. Such services may to be provided at the request of the landowner and the interested local parties given a positive recommendation by the LPD/LPC and subsequent quid pro quo Town Board approval. The for the Town’s expenditure of public funds would be a perpetual easement to the Town describing the extinguishment of residential development rights. d) Coordination: The preservation shall be coordinated by, or under the direction of, the Land Preservation Coordinator to assure application of the special guidance. e) Tax Deduction: If the seller intends to claim a non-cash-contribution tax deduction resulting from a bargain-sale or gift, the Town will complete an IRS form 8283 for the donor. But, per IRS instruction, such acknowledgement does not represent agreement with any claimed fair market value. It does acknowledge that the property has been received and, if the Town sells the property within three years, the Town will file an IRS form 8282 and accordingly notify the donor. The Town, holding itself to a higher standard, will not sign a blatantly fraudulent 8283 form. f) Environmental Distress: If the land has been, or apparently will be, compromised, an environmental restoration/protection plan shall be made that identifies tasks, schedule and responsibility. In the case of purchase of development rights, the plan shall be made part of the easement. Public/private/trust partnerships may be employed. In the case of a fee simple acquisition, resulting responsibilities for the Town as well as funding and expected funding sources shall be identified. ? Vote Record - Resolution RES-2008-781 ? 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 2008-782 Southold Town Meeting Agenda - August 12, 2008 Page 26 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Clerk LL Merger Law - 9/9/08 7:35 Pm 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 12 day of August, 2007 a Local Law entitled relation to Amendments to the Waiver Provisions of the Merger Law” now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the th day of September, 2008 at 7:35 p.m. 9 at which time all interested persons will be given an opportunity to be heard. “A Local Law in relation to Amendments to the Waiver The proposed Local Law entitled, Provisions of the Merger Law” reads as follows: LOCAL LAW NO. 2008 “A Local Law in relation to Amendments to the Waiver Provisions of A Local Law entitled, the Merger Law” . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - The purpose of this amendment is to provide an additional path by which owners of lots deemed “merged” may apply to waive those mergers under certain circumstances. II. Chapter 280 of the Town Code of the Town of Southold is hereby amended as follows: § 280-11. Waiver of merger. A. If a lot has merged pursuant to the provisions of Section 280-10, the Zoning Board of Appeals may waive the merger and recognize original lot lines upon public hearing and finding that: Southold Town Meeting Agenda - August 12, 2008 Page 27 (1) The lot proposed to be recognized has not been transferred to an unrelated person or entity since the time the merger was effected; and The waiver will not result in a significant increase in the density of the neighborhood. (2) Upon balancing whether: (a) The proposed waiver would recognize a lot that is as large, or greater in size than a majority of the improved lots within a 1000 foot distance from any lot line of the lot proposed to be recognized; (b) The lot proposed to be recognized is vacant and has historically been treated an maintained as a separate and independent residential lot since the date of its original creation; and (c) The proposed waiver and recognition will create an adverse impact on the physical or environmental conditions in the neighborhood or district. The waiver would recognize a lot that is consistent with the size of lots in that neighborhood. (3) The waiver will avoid economic hardship. (4) The natural details and character of the and the character of the contours and slopes of the lot will not be significantly changed or altered in any manner, and there will not be a substantial filling of land affecting nearby environmental or flood areas. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ? Vote Record - Resolution RES-2008-782 ? 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 2008-783 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Clerk Southold Town Meeting Agenda - August 12, 2008 Page 28 LL B& B Marine Districts - 9/9/08 7:40 Pm WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk “A Local Law in County, New York, on the 12th day of August, 2008 a Local Law entitled relation to adding Bed-and-Breakfast Uses to Marine Districts” 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 9th day of September, 2008 at 7:40 p.m. at which time all interested persons will be given an opportunity to be heard. “A Local Law in relation to adding Bed-and-Breakfast The proposed Local Law entitled, Uses to Marine Districts” reads as follows: LOCAL LAW NO. 2008 “A Local Law in relation to adding Bed-and-Breakfast Uses to A Local Law entitled, Marine Districts” BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - In order to be consistent with other allowable uses in these districts, this Local Law will include bed and breakfast uses in the Marine zoning districts by special exception obtained from the Zoning Board of Appeals. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: ARTICLE XII, Marine I (MI) District § 280-52 B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals, as hereinafter provided, subject to site plan approval by the Planning Board: (3) Bed-and-Breakfast uses as set forth in and regulated by 280-13B(14) ARTICLE XIII, Marine II (MII) District [Added 1-10-1989 by L.L. No. 1-1989] Southold Town Meeting Agenda - August 12, 2008 Page 29 § 280-55. Use regulations. B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals, as hereinafter provided, subject to site plan approval by the Planning Board: (7) Bed-and-Breakfast uses as set forth in and regulated by 280-13B(14). SEVERABILITY III. 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. EFFECTIVE DATE IV. This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ? Vote Record - Resolution RES-2008-783 ? 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 2008-784 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney LL CPFM&SP - 9/9/08 7:45 Pm WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk “A Local Law in County, New York, on the 12th day of August, 2008 a Local Law entitled relation to the 2008 Town of Southold Community Preservation Fund Management and Stewardship Plan” 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 th day of September, 2008 at 7:45 p.m. 9 at which time all interested persons will be given an opportunity to be heard. Southold Town Meeting Agenda - August 12, 2008 Page 30 “A Local Law in relation to the 2008 Town of Southold The proposed Local Law entitled, Community Preservation Fund Management and Stewardship Plan” reads as follows: LOCAL LAW NO. 2008 “A Local Law in relation to the 2008 Town of Southold Community A Local Law entitled, Preservation Fund Management and Stewardship Plan” . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - In compliance with the recently-enacted New York State legislation relating to Peconic Bay Community Preservation Fund Administration Reforms, the Land Preservation Department has prepared a 2008 Management and Stewardship Plan for real property interests acquired through the fund. This plan must be adopted by local law and all expenditures from the fund for management and stewardship functions must be in compliance with the terms of the . plan II. Chapter 17 of the Code of the Town of Southold is hereby amended as follows: § 17-13A. Community Preservation Fund Management and Stewardship Plan adopted. A. The Town Board of the Town of Southold hereby approves and adopts the Community Preservation Management and Stewardship Plan for real property interests acquired by use of moneys from the Town of Southold Community Preservation Fund, prepared by the Land Preservation Department and Land Preservation Committee, for the period July 1, 2008 through December 31, 2008, presented to the Town Board during the Work Session of August 12, 2008, and intended to be the management and stewardship plan required by amendments to § 64-e of the New York State Town Law. 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. EFFECTIVE DATE IV. This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Southold Town Meeting Agenda - August 12, 2008 Page 31 ? Vote Record - Resolution RES-2008-784 ? 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 2008-785 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney LL Farmstands - 9/9/08 7:50 Pm 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 12 day of August, 2008 a Local Law entitled relation to Regulations Governing Farm Stands” 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 th day of September, 2008 at 7:50 p.m. 9 at which time all interested persons will be given an opportunity to be heard. “A Local Law in relation to Regulations Governing Farm The proposed Local Law entitled, Stands” reads as follows: LOCAL LAW NO. OF 2008 “A Local Law in relation to Regulations Governing Farm Stands” A Local Law entitled, . BE IT ENACTED by the Town Board of the Town of Southold as follows: Chapter 135 of the code of the Town of Southold is hereby repealed in its entirety. A new Chapter 72 of the Code of the Town of Southold is hereby adopted as follows: I.§72-1. Title. This law shall be known as the “Agricultural Uses Law”. §72-2. Purpose. II. Southold Town Meeting Agenda - August 12, 2008 Page 32 Regulation of agricultural uses in the Town of Southold is necessary to facilitate and encourage bona fide agricultural operations while providing for the health, safety and welfare of the Town’s residents and its visitors. Farm stands are an important part of the Town’s agricultural base and character, and are increasingly vital to the viability of the agricultural industry in the Town. The first Chapter of this proposed Local Law governing agricultural uses will pertain to farm stands, and require, among other things, that they be part of active farming operations within the Town. §72-3. Statutory authorization. This local law is enacted pursuant to Section 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through land use regulations intended to govern agricultural uses within the entire Town. The variance provision of this local law shall supersede any inconsistent portions of the Town Law Section 267-a and govern the subject of variances in this local law. §72-4. Definitions. As used in this Chapter, the following terms shall have their meanings indicated: AGRICULTURAL PRODUCTION - The production for sale of crops, livestock or livestock products, which shall include but not be limited to: (a) field crops, including corn, wheat, oats, rye, barley, hay, potatoes and dry beans; (b) fruits, including apples, peaches, grapes, cherries, tomatoes and berries; (c) vegetables, including snap beans, cabbage, carrots, beets and onions; (d) horticultural specialties, including nursery stock, ornamental shrubs, ornamental trees and flowers; (e) livestock and livestock products, including cattle, sheep, hogs, goats, horses, poultry, ratites, such as ostriches, emus, rheas and kiwis, farmed deer, farmed buffalo, fur bearing animals, milk eggs and furs; (f) maple sap; (g) Christmas trees derived from a managed Christmas tree operation whether dug for transplanting or cut from the stump; (h) aquaculture products, including fish, fish products, water plants and shellfish; (i) woody biomass, which means short rotation woody crops raised for bioenergy, and shall include farm woodland. AGRICULTURAL USES - Activities devoted primarily to production, processing, marketing and sale of agricultural and acquacultural commodities, including any and all agricultural, Southold Town Meeting Agenda - August 12, 2008 Page 33 horticultural, vineyard products, corn for grain, oats, soybeans, barley, wheat, poultry or poultry products, bees, maple syrup, christmas trees, livestock, including swine, and honey, sold in the state either in their natural state or as processed by the producer thereof but does not included milk, timber or timber products, other than christmas trees, all hay, rye and legumes. FARM STAND - Any primary structure or portion of a structure greater than 80 square feet in area used for the purpose of retail sale of locally produced agricultural product grown by the owner or lessor of the structure, as well as the accessory sale of processed agricultural products, agriculture-related products and incidental accessory items. For the purposes of this Chapter, a farm stand shall be limited to structures operated by an applicant on a parcel with either: not less than seven acres of land used as a single operation in the preceding two years for the production or sale of crops, livestock or livestock products of an average gross sales value of ten thousand dollars or more; or, land of seven acres or less used as a single operation in the preceding two years for the production or sale of crops, livestock or livestock products of an average gross sales value of fifty thousand dollars or more. PROCESSED AGRICULTURAL PRODUCTS - Agricultural product which has been converted from its original state into a distinct product by techniques such as cooking, distillation, fermentation, crushing and straining. Examples of processed agricultural product include, without limitation, jams, jellies, cheeses, potato chips, wine and other alcoholic beverages. Simple washing, cleaning, arrangement or packaging of agricultural product shall not cause the product to be considered “processed” under this definition. RETAIL SALES AREA - Portions of a farm stand operation, usually covered, which are dedicated to the direct marketing and sale of farm stand products, including public rest rooms, but excluding storage areas, temporary display areas and other areas not accessible to the general public. ARTICLE I - FARM STANDS §72-5. Farm Stand Permit Required. A. No person shall erect, place or operate a farm stand without the Building Southold Town Meeting Agenda - August 12, 2008 Page 34 Department’s issuance of a farm stand permit for the farm stand operation. A farm stand permit shall be subject to revocation if the farm stand fails to operate in compliance with the requirements set forth herein. B. The Building Department shall only issue a farm stand permit to a party engaged in bona fide agricultural production within the Town of Southold. For the purposes of this Article, “bona fide agricultural production” shall be limited to the operation, within the Town of Southold, of either: not less than seven acres of land used as a single operation in the preceding two years for the production or sale of crops, livestock or livestock products of an average gross sales value of ten thousand dollars or more; or, land of seven acres or less used as a single operation in the preceding two years for the production or sale of crops, livestock or livestock products of an average gross sales value of fifty thousand dollars or more. C. A farm stand existing as of the date of adoption of this Article which does not meet the requirements of this Article shall be deemed to be a nonconforming building under the Zoning regulations of this Code, Chapter 280. Notwithstanding the contrary provisions of this Article, a farm stand legally existing in the Town as of January 1, 2008 shall be permitted to expand or enlarge the total area of the farm stand structure(s) by up to fifty percent, cumulatively, of the total area of the farm stand structure(s) legally existing as of January 1, 2008, subject to compliance with the parking requirements of this Article. §72-6. Farm Stand Permits Issued Without the Requirement of Site Plan Approval. A. A farm stand permit shall be issued to applicants meeting the following requirements, and such farm stands shall not require site plan approval from the Planning Board, notwithstanding the provisions of Chapter 280, Article XXIV: (1) The farm stand is located on lands used in bona fide agricultural production by the owner or lessee of the property. (2) The total area of the farm stand structure(s) does not exceed 3,000 square feet. (3) The permanent farm stand structure is set back at least fifty feet from the Southold Town Meeting Agenda - August 12, 2008 Page 35 road. (4) The farm stand parcel provides at least four off-street parking spaces, and also provides adequate space that may be used for unimproved on-site parking equivalent to one parking space for each 200 square feet of retail sales area. C. Retail sales operations that do not meet the definition of a farm stand pursuant to this Chapter, as well as farm stands that do not meet the requirements of § 72-6A, shall be subject to the full site plan requirements of Chapter 280, Article XXIV, as well as all other zoning and use restrictions of Chapter 280 or the Town Code. §72-7. Farm Stand Offerings. All farm stands shall conform to the following product offering restrictions: A. At least sixty percent of the gross dollar value of all items offered for sale at farm stands shall consist of agricultural products grown by the farm stand operator within the Town of Southold. B. No more than forty percent of the gross dollar value of all items offered for sale at a farm stand may consist of the following items only: (1) Agricultural products grown by a person or entity, other than the farm stand operator, engaged in bona fide agricultural production within the Town of Southold, and not including agricultural products not grown within the Town of Southold; (2) Items manufactured or processed from the agricultural products grown by the farm stand operator, or manufactured or processed from products grown by a person or entity, other than the farm stand operator, engaged in bona fide agricultural production within the Town of Southold; (3) Clothing, apparel and other similar items, but limited to such items that promote the specific farm stand site or operator, and souvenir items of the farm stand; and (4) Other accessory items, but limited to items complementary to the specific Southold Town Meeting Agenda - August 12, 2008 Page 36 farm stand agricultural operation, such as decorative housewares, planters and like items. §72-8. Maximum Size of Farm Stand. In all cases, farm stand structure(s) shall not exceed 3,000 square feet in total area. §72-9. [Reserved] §72-10. [Reserved] §72-11. Variance Procedures. Any farm stand that is found not to meet the requirements of this Article may appeal such decision or seek a variance therefrom with the Zoning Board of Appeals. In addressing the merits of any variance application, the Zoning Board of Appeals shall consider the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the community by such grant, in further consideration of (1) whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the variance; (2) whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than a variance; (3) whether the requested variance is substantial; (4) whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and (5) whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the board of appeals, but shall not necessarily preclude the granting of the variance. §72-12. Penalties for Offenses. Any violation of this Article shall be grounds for the revocation of an existing farm stand permit. Furthermore, any violator of this Article shall, upon conviction, be guilty of a violation punishable by a fine not exceeding $500 or imprisonment not to exceed 15 days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense as permitted by law. For a second and subsequent conviction within 18 months thereafter, such person shall be guilty of a violation punishable by a fine not exceeding $1,500 or imprisonment not to exceed 15 days, or both. Southold Town Meeting Agenda - August 12, 2008 Page 37 II.SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. III. APPLICABILITY AND EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ? Vote Record - Resolution RES-2008-785 ? 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 2008-786 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney Send 3 LL to SCPD & STPB RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to send the following proposed Local Laws to the Suffolk County Planning Department and the Southold Town Planning Board for their recommendations and review: A Local Law in relation to Amendments to the Waiver Provisions of the Merger Law A Local Law in relation to adding Bed-and-Breakfast Uses to Marine Districts A Local Law in relation to Regulations Governing Farm Stand Southold Town Meeting Agenda - August 12, 2008 Page 38 ? Vote Record - Resolution RES-2008-786 ? 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 2008-787 CATEGORY: Bond DEPARTMENT: Town Clerk MPD Resolution & Order After PH RESOLUTION AND ORDER AFTER PUBLIC HEARING WHEREAS, the Board of Commissioners of the Mattituck Park District (the “Board” and the “District,” respectively) of the Town of Southold (the “Town”), Suffolk County, New York, pursuant to the provisions of Chapter 924 of the 1941 Laws of New York and the resolution adopted by said Board of Commissioners on March 13, 2008, has requested the Town Board of the Town to call a public hearing to hear all persons interested in the subject thereof, being the construction of sports lighting on the property heretofore acquired and now owned by the Park District at Aldrich Lane Fields, Laurel, New York; and WHEREAS, the Town Board adopted an Order describing in general terms the proposed increase and improvement of facilities, specifying the estimated cost thereof, and stating the Town Board would meet to hear all persons interested in said increase and improvement of facilities on August 12, 2008 at 8:00 o’clock P.M. (Prevailing Time) at the Town Hall, 53095 Main Road, Southold, New York; and WHEREAS, a Notice of said public hearing was duly published and posted pursuant to the provisions of Article 12 of the Town Law; and WHEREAS, said public hearing was duly held by the Town Board on the 12th day of August, 2008 at 8:00 o’clock P.M. (Prevailing Time) at the Town Hall, 53095 Main Road, Southold, New York, with considerable discussion on the matter having been had and all persons desiring to be heard having been heard, including those in favor of and those in opposition to Southold Town Meeting Agenda - August 12, 2008 Page 39 said increase and improvement of such facilities; and WHEREAS, said Board of Commissioners, in the role of Lead Agency, has undertaken the requisite proceedings pursuant to the New York State Environmental Quality Review Act (“SEQRA”) and has determined that the project described herein is an Unlisted Action thereunder having no adverse impact upon the environment and a Negative Declaration has been issued; Now, therefore, it is hereby DETERMINED, that it is in the public interest to increase and improve the facilities of the District as hereinabove described, at the estimated maximum cost of $338,800; and it is hereby ORDERED, that the facilities of the District shall be so increased and improved as hereinabove described and, further, that the Engineer heretofore retained by the Board of Commissioners shall prepare specifications and make careful estimates of the expense of said increase and improvement of the facilities and with the assistance of the Attorney for the District, prepare a proposed contract or contracts therefor, which specifications, estimate and proposed contract(s) shall be presented to said Board of Commissioners and the Town Board as soon as possible; and it is hereby FURTHER ORDERED, that the expense of so increasing and improving the facilities of the District shall be financed by the expenditure of $39,000 from the District’s Operating Fund, $100,000 from funds available in the Town of Southold Recreation Fund, and the issuance of $199,800 bonds of the Town; and it is hereby FURTHER ORDERED, that the Town Clerk record, or cause to be recorded, a certified copy of this Resolution and Order After Public Hearing in the office of the Clerk of Suffolk County within ten (10) days after adoption thereof. ? Vote Record - Resolution RES-2008-787 ? 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 - August 12, 2008 Page 40 2008-788 CATEGORY: Bond DEPARTMENT: Town Clerk MPD Bond Resolution BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED AUGUST 12, 2008, APPROPRIATING $338,800 FOR THE INCREASE AND IMPROVEMENT OF FACILITIES OF THE MATTITUCK PARK DISTRICT, INCLUDING THE EXPENDITURE OF $39,000 FROM THE DISTRICT’S OPERATING FUND AND $100,000 AVAILABLE IN THE TOWN’S RECREATION FUND TO PAY A PART OF SAID APPROPRIATION; AND AUTHORIZING THE ISSUANCE OF $199,800 SERIAL BONDS TO FINANCE THE BALANCE OF SAID APPROPRIATION Recital WHEREAS, the Board of Commissioners of the Mattituck Park District (herein called the “District”) in the Town of Southold (herein called the “Town”), in the County of Suffolk, New York, has requested that the Town Board undertake proceedings pursuant to Section 202-b of the Town Law for the increase and improvement of facilities of the District and said Board of Commissioners has caused Ward Associates, P.C., engineers duly licensed by the State of New York (the “Engineer”) to prepare a plan and report dated January 7, 2008, for such increase and improvement of facilities of the District, consisting of the construction of sports lighting on the property heretofore acquired and now owned by the Park District at Aldrich Lane Fields, Laurel, New York; and the Engineer has completed said preliminary plan and report for said increase and improvement of facilities of the District and has estimated the cost thereof to be $338,800 and said map, plan and report have been filed with the Town Board of the Town; and WHEREAS, after a public hearing duly called and held, the Town Board of the Town determined that it is in the public interest to increase and improve the facilities of the District, and ordered that such facilities be so increased and improved; Southold Town Meeting Agenda - August 12, 2008 Page 41 Now, therefore, be it RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK (by the favorable vote of not less than two-thirds of all the members of said Board) AS FOLLOWS: Section 1. The Town hereby appropriates the amount of $338,800 for the increase and improvement of facilities of the District, as described in the Recitals hereto, including the expenditure of $39,000 from the District’s Operating Fund and $100,000 available in the Town’s Recreation Fund to pay a part of said appropriation. The estimated maximum cost of the increase and improvement of facilities, including preliminary costs and costs incidental thereto and the financing thereof, is $338,800. The plan of financing includes the expenditure of $39,000 from the District’s Operating Fund and $100,000 available in the Town’s Recreation Fund to pay a part of said appropriation, the issuance of $199,800 bonds to finance the balance of said appropriation, and the assessment, levy and collection of assessments upon the several lots and parcels of land within the District in the same manner and at the same time as other Town charges. If the cost of the project, including payment of principal and interest on any obligations issued therefor, is not paid from such assessments, all the taxable property within the Town shall be subject to the levy of an ad valorem tax, without limitation as to rate or amount, sufficient to pay the principal of and interest on said obligations as the same shall become due and payable. Section 2. Bonds of the Town are hereby authorized to be issued in the principal amount of $199,800 pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called “Law”), to finance a part of said appropriation. Section 3. The following additional matters are hereby determined and stated: (a) The period of probable usefulness of the object or purpose for which said bonds are authorized to be issued, within the limitations of Section 11.00 a. 35 of the Law, is five (5) years. (b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town and/or District for expenditures made after the effective date of this resolution, or for expenditures made on or prior Southold Town Meeting Agenda - August 12, 2008 Page 42 to the effective date if a declaration of intent to issue bonds has been made. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) The proposed maturity of the serial 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 said bonds shall contain the recital of validity prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation said bonds shall be general obligations of the Town, payable as to both principal and interest by a general tax upon all the taxable real property within the Town without limitation as to rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds, and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes issued in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of the issuance of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 and 168.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and the renewals of said bond anticipation notes, and relative to executing contracts for credit enhancements and providing for substantially level or declining annual debt service, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or Southold Town Meeting Agenda - August 12, 2008 Page 43 (b) the provisions of law which should be complied with at the date of the publication of such resolution, or a summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This resolution shall take effect immediately and the Town Clerk is hereby authorized and directed to publish this bond resolution, in summary, in the “SUFFOLK TIMES,” a newspaper having a general circulation in said Town, which newspaper is hereby designated as the official newspaper of the Town for such publication, together with the Town Clerk’s statutory notice in the form prescribed by Section 81.00 of the Local Finance Law of the State of New York. ? Vote Record - Resolution RES-2008-788 ? 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 Motion To: Motion to recess to Public Hearing COMMENTS - Current Meeting: RESOLVEDbe and hereby is declared that this meeting of the Southold Town Board Recessed in order to hold a public hearing. 1. Matt Park Dist Call to Order 8:00 pm 8/12/08 History: 08/12/08 Town Board ADJOURNED Next: 09/09/08 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. Southold Town Meeting Agenda - August 12, 2008 Page 44 * * * * * Elizabeth A. Neville Southold Town Clerk