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Home My WebLink AboutAG-07/29/2008 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 July 29, 2008 4:30 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 4:30 PM Meeting called to order on July 29, 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. Island Group Claim Lag Report Plan Year 7/1/07 - 6/30/08 2. North Fork Animal Welfare League Financial Statements - 6/30/07-6/30/08 3. Recreation Department Monthly Report June 2008 II. PUBLIC NOTICES 1. Liquor License Renewal with NYS Liquor Authority Southold Town Meeting Agenda - July 29, 2008 Page 2 Laurel Lake Vineyards, 3165 Main Rd., Laurel 2. Town of Riverhead Amended Zoning Ordinance III. COMMUNICATIONS IV. DISCUSSION 1. 9:00 A.M. - Jill Doherty, Mike Verity Code Committee Questions 2. 9:30 A.M. - Phillip Beltz Housing Advisory Commission Apartment Recommendations 3. 10:00 A.M. - Mark Terry - Overview of dock surveys - Grants Update 4. 10:30 A.M. - Ron McGreevy, Jim McMahon, Jim King Mattituck Inlet 111 Study 5. 10:45 A.M. - Start Up Discussion - Establish Erosion Mitigation & Beach Restoration Action Plan 6. Island Community Board Support Request 7. Mattituck Chamber Request for Support of Movie Nights 8. Code Committee: Thursday, July 31 at 2:30 P.M. in Annex - Lot Waiver Merger - Finish Farm Stand Code 9. 12:00 Noon - Karen McLaughlin Update on Human Resource Center 10. 12:15 P.M. - EXECUTIVE SESSION - Karen McLaughlin Work history and possible promotion of a particular person 11. Executive Session Work history of a particular person and possible extension of leave of absence Southold Town Meeting Agenda - July 29, 2008 Page 3 12. 12:30 P.M. - LUNCH 13. DPW Staffing per Councilman Orlando 14. Anti-Bias Task Force Request for Support 15. Executive Session Acquisition of Property per Councilman Krupski 16. Executive Session - Litigation Cross Sound Ferry Update - Supervisor Russell MINUTES APPROVAL RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Tuesday, May 20, 2008 ? Vote Record - Acceptance of Minutes for May 20, 2008 4:30 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 RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Tuesday, May 27, 2008 ? Vote Record - Acceptance of Minutes for May 27, 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 2008-707 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit Dated July 29, 2008 Southold Town Meeting Agenda - July 29, 2008 Page 4 RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby July 29, 2008. ? Vote Record - Resolution RES-2008-707 ? 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 2008-708 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Next Meeting Fishers Island August 6, 2008 1:30 RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Wednesday, August 6, 2008 on Fishers Island, New York at 1:30 P. M.. ? Vote Record - Resolution RES-2008-708 ? 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 2008-709 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Next Meeting August 12, 2008 at 7:30 Pm RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, August 12, 2008 at the Southold Town Hall, Southold, New York at 7:30 P. M.. Southold Town Meeting Agenda - July 29, 2008 Page 5 ? Vote Record - Resolution RES-2008-709 ? 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 2008-710 Tabled 7/1/2008 4:30 PM, 7/15/2008 7:30 PM CATEGORY: Attend Seminar DEPARTMENT: Police Dept Grant Permission to Police Officers William Brewer and Thomas Hudock to Attend the Annual Training Conference for the State of New York Police Juvenile Officers Association RESOLVED grants permission to Police that the Town Board of the Town of Southold hereby Officers William Brewer and Thomas Hudock to attend the State of New York Juvenile Officers Association Annual Training Conference commencing on Sunday, August 24 through Friday, August 29, 2008 in Ithaca, New York. All expenses for travel, accommodations 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-2008-710 ? 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 2008-712 CATEGORY: Budget Modification DEPARTMENT: Town Clerk FI Budget Modification Fiscal Impact: to move a Federal Grant from the Operating Fund to the Capital Fund WHEREAS the Commissioner of the Fishers Island Ferry District met on July 16, 2008 and modified the 2008 Fishers Island Ferry District budget to correct a revenue budget item that Southold Town Meeting Agenda - July 29, 2008 Page 6 should have been included in the Capital Fund, not the Operating Fund, and WHEREAS the Town Board of the Town of Southold is required to approve budget modifications of the Fishers Island Ferry District, now therefore be it RESOLVEDmodifies the 2008 Fishers that the Town Board of the Town of Southold hereby Island Ferry District budget, as follows: From : SM.4097 Capital Grant, Federal Government $126,275 To : SM.5990 Appropriated Fund Balance $126,275 ? Vote Record - Resolution RES-2008-712 ? 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 2008-713 CATEGORY: Budget Modification DEPARTMENT: Town Clerk FI Budget Modification Fiscal Impact: to appropriate State and Federal grants for Elizabeth Airport. WHEREAS the Commissioner of the Fishers Island Ferry District met on July 16, 2008 and modified the 2008 Fishers Island Ferry District budget by appropriating State and Federal grants for Elizabeth Airport, and WHEREAS the Town Board of the Town of Southold is required to approve budget modifications of the Fishers Island Ferry District, now therefore be it RESOLVEDmodifies the 2008 Fishers that the Town Board of the Town of Southold hereby Southold Town Meeting Agenda - July 29, 2008 Page 7 Island Ferry District budget, as follows: Revenues : SM.3097 Capital Grant, New York State $1,004 SM.4097 Capital Grant, Federal government $124,783 Appropriations : SM.5610.4 Elizabeth Airport, C.E. $125,787 ? Vote Record - Resolution RES-2008-713 ? 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 2008-714 CATEGORY: Employment - Town DEPARTMENT: Accounting Promote Terry Pace to Highway Labor Crew Leader RESOLVEDpromotes Terry Pace to the that the Town Board of the Town of Southold hereby position of a Highway Labor Crew Leader for the Southold Town Highway Department, effective July 1, 2008, at a rate of $29.5093 per hour. ? Vote Record - Resolution RES-2008-714 ? 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 2008-715 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Love Lane Closure for Movie Nights - 2008 Southold Town Meeting Agenda - July 29, 2008 Page 8 RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Mattituck Chamber of Commerce to use Love Lane, Mattituck at the intersections of Pike Street and State Route 25 for the purpose of Movie Night on Friday, July 25 and Saturday, August 16, 2008 during the hours of 5:00 PM to 12:00 AM (midnight) provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured for both events 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-2008-715 ? 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 2008-716 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification for Computer Consultants RESOLVEDmodifies the 2008 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: From: A.1680.4.400.558 PC Software Maintenance $1000 To: A.1680.4.400.400 Computer Consultants $1000 ? Vote Record - Resolution RES-2008-716 ? 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 - July 29, 2008 Page 9 2008-717 CATEGORY: Public Service DEPARTMENT: Town Clerk Waive the 30 Day Notification for the Renewal of a Liquor License to the Restaurant at Four Doors Down RESOLVEDwaives the 30 day that the Town Board of the Town of Southold hereby notification for the renewal of a liquor license to The Restaurant at Four Doors Down, 10560 Main Road, Mattituck. ? Vote Record - Resolution RES-2008-717 ? 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 2008-718 CATEGORY: Budget Modification DEPARTMENT: Town Attorney Budget Modification WHEREAS, the Town Board of the Town of Southold is considering the acquisition of the property located at 1005 County Route 48, Mattituck, also known as SCTM #1000-113-12-14; and WHEREAS, funding is required in the appropriate budget line item to accomplish the legally required appraisal of that property; it is hereby RESOLVEDmodifies the 2008 General that the Town Board of the Town of Southold hereby Fund Whole Town budget in connection with the appraisal prepared by Andrew Stype Realty, Inc. as follows : Southold Town Meeting Agenda - July 29, 2008 Page 10 From: A.1990.4.100.100 Contingencies $750.00 To: A.1010.4.500.800 Town Board, Appraisals $750.00 ? Vote Record - Resolution RES-2008-718 ? 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 2008-719 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District SWMD Budget Modifications Fiscal Impact: Freight not charged as expected on part shipment for CBI grinder, amount being returned to repairs line; Komatsu line over budget due to continuing repair/part needs; this modification intended to cover expenses thru remainder of 2008. RESOLVEDmodifies the 2008 that the Town Board of the Town of Southold hereby Solid Waste Management District budget as follows: From: Freight and Express Mail (SR 8160.4.600.500) $ 1,000 MSW Removal (SR 8160.4.400.805) 3,000 RCA Blend (SR 8160.4.100.609) 2,000 To: Contractual Repairs CBI Grinder (SR 8160.4.400.665) $ 1,000 Maint/Supplies Komatsu Payloader (SR 8160.4.100.550) 5,000 Southold Town Meeting Agenda - July 29, 2008 Page 11 ? Vote Record - Resolution RES-2008-719 ? 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 2008-720 CATEGORY: Authorize to Bid DEPARTMENT: Town Clerk Declare the 1998 Ford Suburban – 1FBSS31LOWHB68149 at the Human Resource Center to be Surplus Equipment and Authorize the Town Clerk to Advertise Sale of Same. RESOLVEDdeclares the following that the Town Board of the Town of Southold hereby equipment to be surplus equipment: 1998 Ford Suburban – 1FBSS31LOWHB68149 Contact persons are Karen McLaughlin and Jane Edstrom at the Human Resource Center 631- 298-4460. Vehicles are in "as is" condition and may be viewed at the Human Resource Center, Pacific Street, Mattituck, New York. RESOLVED Be it further that the Town Board authorizes and directs the Town Clerk to advertise for the sale of same. ? Vote Record - Resolution RES-2008-720 ? 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 2008-721 CATEGORY: Authorize to Bid DEPARTMENT: Solid Waste Management District Bid for New Trommel Screen Southold Town Meeting Agenda - July 29, 2008 Page 12 RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise for bids for the purchase of a new trommel screening plant for the Solid Waste District, subject to preparation of bid specifications by the Solid Waste Coordinator. ? Vote Record - Resolution RES-2008-721 ? 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 2008-722 CATEGORY: Committee Resignation DEPARTMENT: Town Clerk Resignation of Chris Kempner from CAC RESOLVEDaccepts, with regret, the that the Town Board of the Town of Southold hereby resignation of Chris Kempner from the Conservation Advisory Council, effective immediately, and be it FURTHER RESOLVED that the Town Board of the Town of Southold herby authorizes and advertise for a member to the Conservation Advisory Council directs the Town Clerk to to fill the vacancy created by Chris Kempner’s resignation. ? Vote Record - Resolution RES-2008-722 ? 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 2008-723 CATEGORY: Authorize to Bid DEPARTMENT: Solid Waste Management District Southold Town Meeting Agenda - July 29, 2008 Page 13 Bid for Compost Bagging Machine RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise for bids for the purchase of a compost bagging machine for the Solid Waste Management District, subject to the preparation of specifications by the Solid Waste Coordinator. ? Vote Record - Resolution RES-2008-723 ? 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 2008-724 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Memorandum of Understanding Among the Long Island Home D/B/A South Oaks Hospital, the Mental Health Association of Suffolk County, Inc., the Center for Essential Management Services, Eastern Long Island Hospital, and the Town of Southold RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Memorandum of Understanding among The Long Island Home d/b/a South Oaks Hospital, The Mental Health Association of Suffolk County, Inc., the Center for Essential Management Services, Eastern Long Island Hospital, and the Town of Southold in connection with an Office of Mental Health Grant to provide services in an effort to integrate physical and mental health systems available to the community, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-724 ? 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 - July 29, 2008 Page 14 2008-725 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Community Development 2008 Community Development Programs RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute Subrecipient Agreements in connection with the 2008 Community Development Block Grant Program for the following programs: North Fork Early Learning Center, Child Day Care Program $7,500 Robert Perry Child Day Care Program $7,500 Community Action Southold Town (CAST) $5,000 all in accordance with the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-725 ? 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 2008-726 CATEGORY: Employment - Town DEPARTMENT: Accounting FMLA Leave of Absence --Employee #5378 WHEREAS Employee #5378 in the Human Resource Center, has been out of work due a non- job related illness since May 2, 2008, and WHEREAS the Town Board of the Town of Southold is required to comply with the Family Medical Leave Act (FMLA) and the Town’s collective bargaining agreement with the CSEA, now therefore be it Southold Town Meeting Agenda - July 29, 2008 Page 15 RESOLVEDgrants an FMLA leave of that the Town Board of the Town of Southold hereby absence for up to 12 weeks to Employee #5378 in the Human Resource Center, effective May 2, 2008. ? Vote Record - Resolution RES-2008-726 ? 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 2008-727 CATEGORY: Employment - Town DEPARTMENT: Accounting FMLA Leave of Absence -- Employee #3754 WHEREAS Employee #3754 in the Department of Public Works, has been out of work due a non-job related illness since May 19, 2008, and WHEREAS the Town Board of the Town of Southold is required to comply with the Family Medical Leave Act (FMLA) and the Town’s collective bargaining agreement with the CSEA, now therefore be it RESOLVEDgrants an FMLA leave of that the Town Board of the Town of Southold hereby absence for up to 12 weeks to Employee #3754 in the Department of Public Works effective May 16, 2008. ? Vote Record - Resolution RES-2008-727 ? 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 - July 29, 2008 Page 16 2008-728 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Land Preservation USDA-NRCS 2007 Agreement Rev #1 73-2C31-7-00956 RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute Revision Number 1 to Cooperative Agreement No. 73-2C31-7-00956 between the USDA-Natural Resources Conservation Service (NRCS) and the Town of Southold in connection with an existing Cooperative Agreement between the United States of America Commodity Credit Corporation and the Town of Southold, dated June 26, 2007. The execution of this revision will include Attachment C to this Agreement and provide an additional $1,220,000.00 in financial support available to the Town of Southold for the implementation of the Federal Farm and Ranch Lands Protection Program FY 2007, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-728 ? 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 2008-729 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification -- Land Acquisition WHEREAS the Town Board of the Town of Southold is required to provide an appropriation for the purchase of property from Michael and Lauretta Caraftis known as SCTM #1000-113-12- 14, now therefore be it RESOLVEDmodifies the General Fund that the Town Board of the Town of Southold hereby Whole Town 2008 budget as follows: Southold Town Meeting Agenda - July 29, 2008 Page 17 To: Revenues: A.2025.00 Special Recreation Facilities Park & Playground $ 90,000.00 Appropriations: A.1620.2.500.300 Land Purchase $ 90,000.00 ? Vote Record - Resolution RES-2008-729 ? 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 2008-730 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute a Contract of Sale with Michael and Lauretta Caraftis for the Purchase of Property Known as SCTM #1000-113-12-14 RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute a Contract of Sale with Michael and Lauretta Caraftis for the purchase of property known as SCTM #1000-113-12-14 , said Contract subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-730 ? 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 2008-731 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Matt Presbyterian Church Street Fair Southold Town Meeting Agenda - July 29, 2008 Page 18 RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Mattituck Presbyterian Church to close Sound Avenue from Love Lane to the driveway of the parking lot east of the Church of the Redeemer for its Annual Summer Fair on Saturday, August 9, 2008 from 7:00 AM to 4:00 PM provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and contact Capt. Flatley upon approval of this resolution to coordinate traffic control. ? Vote Record - Resolution RES-2008-731 ? 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 2008-732 CATEGORY: Attend Seminar DEPARTMENT: Police Dept Grant Permission to Public Safety Dispatcher II Bryan Weingart and Public Safety Dispatcher Mark Zaleski to Attend NYSPIN Advisory Committee Meeting in Albany, New York in November RESOLVED grants permission to Public that the Town Board of the Town of Southold hereby Safety Dispatcher II Bryan Weingart and Public Safety Dispatcher Mark Zaleski to attend a seminar on the implementation of the new E-Justice Portal in Albany, New York, commencing on Thursday, November 6 through Friday, November 7, 2008. All expenses for registration, travel and lodging to be a legal charge to the 2008 Police Public Safety budget line A.3020.4.600.400. Travel to be by Town vehicle. ? Vote Record - Resolution RES-2008-732 ? 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 2008-733 CATEGORY: Close/Use Town Roads Southold Town Meeting Agenda - July 29, 2008 Page 19 DEPARTMENT: Town Clerk Douglas Moore Memorial Concert 2008 RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Douglas Moore Memorial Music Festival to close Case’s Lane adjacent to the Village Green, for its Annual Concert on the Cutchogue Village Green, on Saturday, August 9, 2008, from 5:00 PM to 10:00 PM provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and contact Capt. Flatley immediately to coordinate traffic control. ? Vote Record - Resolution RES-2008-733 ? 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 2008-734 CATEGORY: Employment - Town DEPARTMENT: Town Clerk Resignation of Beach Attendant - Crosser RESOLVEDaccepts the resignation of that the Town Board of the Town of Southold hereby James Crosser from his position as a 2008 Beach Attendant for the Southold Town Recreation Center, effective July 17, 2008. ? Vote Record - Resolution RES-2008-734 ? 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 2008-735 CATEGORY: Employment - Town DEPARTMENT: Town Clerk Southold Town Meeting Agenda - July 29, 2008 Page 20 Thomas Boucher Resignation RESOLVEDaccepts the resignation of the that the Town Board of the Town of Southold following summer seasonal employee for the period June 28 - September 1, 2008: STILLWATER LIFEGUARDS HOURLY SALARY Thomas Boucher (2nd year) ………….…………………….. $12.44 ? Vote Record - Resolution RES-2008-735 ? 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 2008-736 CATEGORY: Bond DEPARTMENT: Town Clerk Release Bond Estimate Cottages RESOLVEDreleases the following Bond that the Town Board of the Town of Southold hereby Estimate for the standard subdivision of Cottages at Mattituck No. 1926N by the Service Insurance Company, Inc in the amount of $284,165.00, as recommended by the Southold Town Planning Board and the Town Engineer, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-736 ? 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 2008-737 CATEGORY: Surplus Equipment DEPARTMENT: Accounting Southold Town Meeting Agenda - July 29, 2008 Page 21 Surplus Equipment IBM Wheelwriter 5 RESOLVEDdeclares the following that the Town Board of the Town of Southold hereby equipment to be surplus equipment: IBM Wheel Writer 5 (Serial Number 6747-11- 0657780) RESOLVED Be it further that the Town Board authorizes and directs the Town Clerk to advertise for the sale of same. ? Vote Record - Resolution RES-2008-737 ? 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 2008-738 CATEGORY: Seqra DEPARTMENT: Town Clerk SEQRA for Land Bond $400,000 RESOLVEDfinds that the adoption of the bond that the Town Board of the Town of Southold hereby entitled “$400,000 Serial Bonds for Land Acquisition” 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-2008-738 ? 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 2008-739 CATEGORY: Bond DEPARTMENT: Town Clerk Bond for Acquiring Property Southold Town Meeting Agenda - July 29, 2008 Page 22 BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED JULY 29, 2008, APPROPRIATING $400,000 TO PAY THE COST OF ACQUIRING THE EASTERLY HALF OF THE CERTAIN PIECE OF PARCEL OF LAND, CONTAINING ONE HALF OF ONE ACRE, MORE OR LESS, SITUATE ADJACENT TO THE TOWN HALL PROPERTY, AND PREVIOUSLY ACQUIRED BY THE TOWN PURSUANT TO THE EMINENT DOMAIN PROCEEDING (INDEX NO. 06- 23054) COMMENCED IN THE SUPREME COURT OF THE STATE OF NEW YORK, SUFFOLK COUNTY, ON AUGUST 3, 2006, AND AUTHORIZING THE ISSUANCE OF $400,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION 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 Town Board), AS FOLLOWS: Section 1. The Town of Southold, in the County of Suffolk, New York (herein called the “Town”), hereby appropriates $400,000 to pay the cost of acquiring the easterly half of the certain piece or parcel of land, containing one half of one acre, more or less, including the improvements thereon, situate adjacent to the Town Hall property, described on the Suffolk County Tax Map as P/O District 1000, Section 61, Block 1, Lot 3, to be used by the Town for the expansion of the existing Town Hall facility, previously acquired by the Town pursuant to the eminent domain proceeding (Index No. 06-23054) commenced in the Supreme Court of the State of New York, Suffolk County, on August 3, 2006. The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $400,000. The plan of financing includes the issuance of $400,000 serial bonds of the Town to finance said appropriation and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Section 2. Serial bonds of the Town in the principal amount of $400,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the “Law”), to Southold Town Meeting Agenda - July 29, 2008 Page 23 finance said appropriation. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness applicable to the land acquisition, to pay the cost for which $400,000 serial bonds herein authorized are to be issued, within the limitations of Section 11.00 a. 21. (a) of the Law, is thirty (30) 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 after the date of original issuance of said bonds or notes. (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 such expenditures made before such effective date if the Town Board has made a prior declaration of intent to issue indebtedness therefor. 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 bonds authorized by this resolution will not exceed five (5) years. (d) The Town Board has determined that the project described herein is a Type II action pursuant to the State Environmental Quality Review Act (SEQRA), constituting Article 8 of the Environmental Conservation Law and 6 N.Y.C.R.R., Regulations Part 617.5 (C) (25) and therefore no further environmental review is required. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of 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 Southold Town Meeting Agenda - July 29, 2008 Page 24 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 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 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, 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 bond resolution shall take effect immediately, and the Town Clerk is hereby authorized and directed to publish the foregoing resolution, in summary, in substantially the form set forth as 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 “THE SUFFOLK TIMES,” a newspaper having a general circulation in the Town and hereby Southold Town Meeting Agenda - July 29, 2008 Page 25 designated the official newspaper of the Town for such publication. Exhibit A BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED JULY 29, 2008, APPROPRIATING $400,000 TO PAY THE COST OF ACQUIRING THE EASTERLY HALF OF THE CERTAIN PIECE OF PARCEL OF LAND, CONTAINING ONE HALF OF ONE ACRE, MORE OR LESS, SITUATE ADJACENT TO THE TOWN HALL PROPERTY, AND PREVIOUSLY ACQUIRED BY THE TOWN PURSUANT TO THE EMINENT DOMAIN PROCEEDING (INDEX NO. 06- 23054) COMMENCED IN THE SUPREME COURT OF THE STATE OF NEW YORK, SUFFOLK COUNTY, ON AUGUST 3, 2006, AND AUTHORIZING THE ISSUANCE OF $400,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION Object or purpose: Appropriating $400,000 to pay the cost of acquiring the easterly half of the certain piece or parcel of land, containing one half of one acre, more or less, including the improvements thereon, situate adjacent to the Town Hall property, described on the Suffolk County Tax Map as P/O District 1000, Section 61, Block 1, Lot 3, to be used by the Town for the expansion of the existing Town Hall facility, previously acquired by the Town pursuant to the eminent domain proceeding (Index No. 06-23054) commenced in the Supreme Court of the State of New York, Suffolk County, on August 3, 2006. The Project has been determined to be a Type II Action having no significant environmental impact pursuant to the New York State Environmental Quality Review Act. Amount of obligations to be issued: $400,000 Period of probable usefulness: five (5) years 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 Street, Southold, New York. Southold Town Meeting Agenda - July 29, 2008 Page 26 Dated: July 29, 2008 Southold, New York ? Vote Record - Resolution RES-2008-739 ? 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 2008-740 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 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 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, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-740 ? 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 2008-741 CATEGORY: Seqra DEPARTMENT: Town Attorney SEQRA LL/Cell Tower Moratorium Extension RESOLVEDfinds that the adoption of that the Town Board of the Town of Southold hereby Southold Town Meeting Agenda - July 29, 2008 Page 27 the local law entitled “Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Building Permits, Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold” 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-2008-741 ? 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 2008-742 CATEGORY: Seqra DEPARTMENT: Town Attorney LL/Inclusionary Zoning SEQRA RESOLVED “A that the Town Board of the Town of Southold hereby finds that the proposed Local Law in Relation to amendments to Inclusionary Zoning requirements in the Code of the Town of Southold” 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 July 29, 2008, and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith, and is consistent with the LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. ? Vote Record - Resolution RES-2008-742 ? 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 - July 29, 2008 Page 28 2008-743 CATEGORY: Seqra DEPARTMENT: Town Attorney SEQRA for LL/New Suffolk Parking Restrictions RESOLVEDfinds that the adoption of that the Town Board of the Town of Southold hereby the local law entitled “A Local Law in relation to Parking Restrictions in the Hamlet of New Suffolk” 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-2008-743 ? 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 2008-744 CATEGORY: Seqra DEPARTMENT: Land Preservation Sepenoski SEQRA WHEREAS, the Town Board of the Town of Southold wishes to purchase a development rights easement on a certain parcel of property owned by John A. Sepenoski and Patricia Sepenoski pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Code of the Town of Southold. Said property is identified as part of SCTM #1000-54-3-24.1. The address is 1655 Old North Road and the property is located in the A-C zoning district and is approximately 982 feet northeasterly from the intersection of Old North Road and Horton Lane, in Southold, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 45.9± acres (subject to survey) of the 53.9± acre parcel. The exact area of the development rights easement is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owners. The purchase price for the easement is $80,000 (eighty thousand dollars) per buildable acre plus acquisition costs; now, therefore, be it Southold Town Meeting Agenda - July 29, 2008 Page 29 RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it further RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is accepted and attached hereto; and, be it further RESOLVEDfinds no significant impact that the Town Board of the Town of Southold hereby on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action. ? Vote Record - Resolution RES-2008-744 ? 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 2008-745 CATEGORY: Seqra DEPARTMENT: Land Preservation ZIP Peconic Wells SEQRA WHEREAS, the Town Board of the Town of Southold wishes to purchase a development rights easement on part of a certain parcel of property owned by ZIP Peconic Wells, LLC pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Code of the Town of Southold. Said property is identified as part of SCTM #1000- 86-1-10.9. The address is 2350 Wells Road, Peconic, New York, and is located at the southwest corner of NYS Route 25 and Wells Road in Peconic in the R-80 zoning district. The proposed Southold Town Meeting Agenda - July 29, 2008 Page 30 acquisition is for a development rights easement on a part of the property consisting of approximately 30± acres (subject to survey) of the 32.83± acre parcel. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owner. The purchase price for the easement is $83,000 (eighty-three thousand dollars) per buildable acre plus acquisition costs; now, be it RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it further RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is accepted and attached hereto; and, be it further RESOLVEDno significant impact that the Town Board of the Town of Southold hereby finds on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action. ? Vote Record - Resolution RES-2008-745 ? 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 2008-746 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL 7 Moratorium Cell Towers WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk Southold Town Meeting Agenda - July 29, 2008 Page 31 “Temporary County, New York, on the 1st day of July, 2008, a Local Law entitled, Moratorium on the Processing, Review of, and making Decisions on applications for Building Permits, Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold”, and 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 Tow Board of the Town of Southold hereby the proposed Local “Temporary Moratorium on the Processing, Review of, and making Decisions Law entitled, on applications for Building Permits, Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold ” which reads as follows: LOCAL LAW NO. _7_ of 2008 Temporary Moratorium on the Processing, Review of, and making A Local Law entitled, “ Decisions on applications for Building Permits, Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold ”. BE IT ENACTED by the Town Board of the Town of Southold as follows: I. PURPOSE AND INTENT The Town Board is considering the important implications of the recent proliferation of wireless communication facilities projects within the Town, including already constructed cell towers, towers currently under Town review and proposed cell tower projects. The Town Board believes that a haphazard, piecemeal approach to the proliferation of such towers could be detrimental to the character of the Town, including its active farmland, open spaces, scenic byways and vistas, all of which the Town has expended substantial resources to preserve, cultivate and maintain. The Town Board recognizes that the existing Zoning Code is inadequate to deal with the inherent conflict between the need for cell towers, for emergency and other communication purposes, and the Town’s other planning goals. The size and scale of the Town, the scale of its agricultural and rural history, and the long-range goals of the Town (as set forth in the recently adopted Hamlet Study and other past planning studies) dictate that wireless communication facilities should be placed in a strategic manner so as to coexist as peacefully as possible with the Town’s historical, agricultural and Southold Town Meeting Agenda - July 29, 2008 Page 32 rural culture. Regulations on the size, location and appearance of wireless communication facilities are necessary to address the problems these structures create. On July 31, 2007, the Town of Southold adopted a 180-day moratorium on all new wireless communication facilities. The Town Board intended to use the time to formulate a comprehensive plan for wireless facilities, to review the locations, size and appearance of cell towers, and to update and create new legislation to comprehensively meet the long-range goals of the Town. During the initial moratorium period, the Town retained a new Director of the Planning Department. The Director solicited proposals from several wireless consultants to assist the Town with the aforementioned plan. The Town Board retained one of the consultants to work with the Town. In January 2008, the Town Board extended the moratorium an additional 180 days. It was anticipated that the report and recommendations of the consultant would be finalized in the Spring, however the Town presently has only a draft that includes recommendations on code amendments. The Town Board and the Planning staff will require additional time to review the draft recommendations, hold a public hearing on proposed code amendments and enact a Local Law. It is anticipated that this can be accomplished with an additional one hundred and eighty (180) day extension of the moratorium. The Town Board finds it reasonable and in the public interest to extend the moratorium period for one additional one hundred and eighty (180) days beyond the expiration period. This will provide the Town adequate time to examine the consultant recommendations, and draft and adopt necessary code amendments. II. A new Article XXX of Chapter 280 of the Code of the Town of Southold is hereby enacted as follows: ARTICLE XXX Moratorium §280-165. Enactment of Temporary Moratorium. For a period of One Hundred 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 and subject to any other Local Law adopted by the Town Board during the One Hundred Eighty (180) Day period: 1) The Planning Board shall not accept for review, continue review, hold a hearing or make any decision upon any application for a site plan containing a WIRELESS COMMUNICATION FACILITY, whether submitted prior to or after the effective date of this law, and shall not be subject to the time periods specified in Town Law §274-a and Article XXV of the Southold Town Code, including without limitation, provisions relating to the processing, reviewing, holding of hearings and the rendering of decisions. The statutory and locally- enacted time periods for processing and making decisions on all aspects of said site plan applications are suspended and stayed while this Local Law is in Southold Town Meeting Agenda - July 29, 2008 Page 33 effect. All terms used in this Local Law are as defined in §280-4 of the Code of the Town of Southold. 2) The Zoning Board of Appeals shall not accept for review, continue review, hold a hearing on, continue a hearing or make any decision upon any application for a special exception use permit containing a WIRELESS COMMUNICATION FACILITY, whether submitted prior to or after the effective date of this law, and shall not be subject to the time periods specified in Town Law §274-b and Chapter 280 of the Southold Town Code, including without limitation, provisions relating to the processing, reviewing, holding of hearings and the rendering of decisions. The statutory and locally-enacted time periods for processing and making decisions on all aspects of said special exception use permits are suspended and stayed while this Local Law is in effect. All terms used in this Local Law are as defined in §280-4 of the Code of the Town of Southold. 3) The Building Inspector shall not accept for review, continue review or make any determination upon any application for a building permit proposing a WIRELESS COMMUNICATION FACILITY, whether submitted prior to or after the effective date of this law, and shall not be subject to the time periods specified in Town Law §274-a, Chapter 280 and Article XXV of the Southold Town Code, including without limitation, provisions relating to the processing, reviewing and the rendering of determinations. The statutory and locally- enacted time periods for processing and making determinations on all aspects of said building permit applications are suspended and stayed while this Local Law is in effect. All terms used in this Local Law are as defined in §280-4 of the Code of the Town of Southold. §280-166. Application. This Local Law shall apply to ALL [new or pending] applications for site plans or special exception use permits for WIRELESS COMMUNICATION FACILITIES in the Town of Southold. §280-167. Exclusions. This Local Law shall not apply to: 1) Site plans for which final or conditional final approval was granted by the Planning Board prior to the effective date of this Local Law. 2) Applications for co-location of wireless telecommunication facilities inside a permitted tower, with no component parts visible from the exterior. §280-168. Conflict with State Statutes and Authority to Supersede. Southold Town Meeting Agenda - July 29, 2008 Page 34 To the extent that any provisions of this Local Law are in conflict with or are construed as inconsistent with the provisions of New York State Town Law, this Local Law supersedes, amends and takes precedence over NYS Town Law pursuant to the Town’s municipal home rule powers, pursuant to Municipal Home Rule Law §10(1)(ii)(d)(3); §10(1)(ii)(a)(14) and §22 to supersede any inconsistent authority. In particular, to the extent and degree any provisions of this Local Law are construed as being inconsistent with the provisions of Town Law §274-a, §274-b and the provisions and requirements set forth in Chapter 280 of the Southold Town Code, which require that the Planning Board or Zoning Board of Appeals process, review, hold hearings on, and act upon applications for site plans and special exception use permits within specified time periods, this Local Law suspends and stays the running of time periods for processing, review, holding hearings on, making decisions, and taking action on such applications provided for in those laws and is intended to supersede and amend any said inconsistent authority. §280-169. Appeal Procedures. a. The Town Board shall have the authority to vary or waive the application of any provision of this Local Law if, in its legislative discretion, upon its determination, the variance or waiver is required to alleviate an extraordinary hardship affecting a parcel of property. To grant such request, the Town Board must find that a variance or waiver will not adversely affect the purpose of this Local Law, the health, safety or welfare of the Town of Southold, or any comprehensive planning efforts being undertaken in the Town. The Town Board shall take into account the existing land use in the immediate vicinity of the property, the range of business opportunities in the vicinity of the property and the surrounding hamlet, the rural, cultural, historic and business character of the hamlet, and the impact of the variance or waiver on the open and recreational space, and transportation infrastructure of the Town. The application must comply with all other applicable provisions of the Southold Town Code. b. Any request for a variance or waiver shall be filed with the Town Clerk and shall include a fee of two hundred fifty ($250.00) dollars for the processing of such application, along with copies of the site development plan and any related information required in accordance with the procedures set forth in Chapter 280 of the Southold Town Code. c. All such applications shall, within five (5) days of filing with the Town Clerk be referred to the Planning Board, which shall have ten (10) days following receipt to make a recommendation to approve or disapprove a variance or waiver of this Local Law. The application and recommendation shall be transmitted to the Town Board. The Town Board 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. 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. Southold Town Meeting Agenda - July 29, 2008 Page 35 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-2008-746 ? 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 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL 8 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. ___8__ 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 Southold Town Meeting Agenda - July 29, 2008 Page 36 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. 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 MIFDU units required in a subdivision shall be rounded up to the next whole number. [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 Southold Town Meeting Agenda - July 29, 2008 Page 37 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 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 Southold Town Meeting Agenda - July 29, 2008 Page 38 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 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 Southold Town Meeting Agenda - July 29, 2008 Page 39 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 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 Southold Town Meeting Agenda - July 29, 2008 Page 40 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 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. Southold Town Meeting Agenda - July 29, 2008 Page 41 ? 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 2008-748 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL 9 New Suffolk Parking 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 Parking Restrictions in the Hamlet of New Suffolk” 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 Parking Restrictions in the Hamlet of New Local Law entitled, Suffolk” reads as follows: LOCAL LAW NO. 9 2008 “A Local Law in relation to Parking Restrictions in the Hamlet of A Local Law entitled, New Suffolk” . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - Parking associated with the public’s use of the Town beach and boat ramp in the hamlet of New Suffolk has resulted conditions that impact the public health, safety and welfare. These conditions consist of undue congestion, restrictions on access and maneuverability, as well as potentially dangerous traffic impacts. Accordingly, it is necessary to impose a range of parking limitations in the hamlet of New Suffolk to protect the welfare of the residents of the Town, and restrict the public’s ability to block the ordinary flow of traffic and Southold Town Meeting Agenda - July 29, 2008 Page 42 the orderly use of Town facilities by Town residents. II. Chapter 260 of the Code of the Town of Southold is hereby amended as follows: § 260-4. Stop intersections with stop signs . The following highway intersections are hereby designated as stop intersections and stop signs shall be erected as follows: Stop Sign on Direction of Travel At Intersection Location With (hamlet) First Street North Jackson Street New Suffolk First Street South Jackson Street New Suffolk Jackson Street North New Suffolk Avenue New Suffolk Third Street North Jackson Street New Suffolk Third Street South Jackson Street New Suffolk § 260-6. Yield intersections. The following highway intersections are hereby designated as yield intersections and yield signs shall be erected as follows: Jackson Street North New Suffolk Avenue New Suffolk Third Street North Jackson Street New Suffolk Third Street South Jackson Street New Suffolk § 260-8. Parking Prohibited at all times . The parking of vehicles is hereby prohibited at all times in any of the following locations and at any other location where signage indicates “no parking”: Name of Street Side Location Jackson Street Both At New Suffolk, from the intersection of First Street westerly to the intersection of Fourth Street §260-8A. Trailer Parking Prohibited at all times. The parking of trailers and the parking of vehicles with trailers is hereby prohibited at all times in any of the following locations and at any other location where signage indicates “no trailer parking”: Hamlet of New Suffolk Name of Street Side Location Southold Town Meeting Agenda - July 29, 2008 Page 43 Fifth Street Both From the intersection with Main Street To the southerly terminus of Fifth Street First Street Both From the intersection with Orchard Street To the southerly terminus of First Street Fourth Street Both From the intersection with Orchard Street To the intersection with King Street Fourth Street West From the intersection with King Street To the intersection with Main Street Fourth Street Both From the intersection with Main Street To the southerly terminus of Fourth Street Jackson Street Both From the intersection with Fifth Street to The intersection with First Street King Street Both From the intersection with New Suffolk Road To the easterly terminus of King Street Main Street Both From the intersection with New Suffolk Road Easterly to the intersection with First Street New Suffolk Road Both From the intersection with Orchard Street To the intersection with Main Street Orchard Street Both From the intersection with New Suffolk Road To the easterly terminus of Orchard Street Second Street Both From the intersection with Orchard Street To the southerly terminus of Second Street Third Street Both From the intersection with Orchard Street To the intersection with King Street Third Street East From the intersection with King Street To the intersection with Main Street Third Street Both From the intersection with Main Street To the southerly terminus of Third Street § 260-11. Parking for limited time only. Southold Town Meeting Agenda - July 29, 2008 Page 44 The parking of vehicles is hereby prohibited for a longer period of time than that designated, between the hours indicated, in any of the following locations: Name of Street Side Between the Time Limit Location Hours of First Street West At all times 15 mins. At New Suffolk, from from the northerly intersection of Jackson Street, northerly for a distance of 150 feet First Street South At all times 15 mins. At New Suffolk, at the southerly terminus of First Street III . Chapter 189 of the Code of the Town of Southold is hereby amended as follows: § 189-2. Designation of parking areas requiring permits: A. The following beach parking areas are hereby designated as Town of Southold “Parking by Southold Town Permit Only” areas: (7) Parking area adjacent to the bathing beach located at the terminus of First Street, Peconic Bay, New Suffolk, known as and referred to herein as “New Suffolk Beach.,” except the seven (7) larger parking spaces adjacent to Jackson Street are designated as areas limited to parking by vehicles with trailers bearing Town of Southold Resident or Lessee parking permits. 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 upon filing with the Secretary of State as provided by law. ? Vote Record - Resolution RES-2008-748 ? 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 - July 29, 2008 Page 45 2008-749 CATEGORY: Property Acquisition Purchase DEPARTMENT: Land Preservation Sepenoski Elect to Purchase WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of a development rights easement on a certain parcel of property owned by John A. Sepenoski and Patricia Sepenoski on the 29th day of July, 2008, pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as part of SCTM #1000-54-3-24.1. The address is 1655 Old North Road and the property is located in the A-C zoning district and is approximately 982 feet northeasterly from the intersection of Old North Road and Horton Lane in Southold, New York; and WHEREAS, the development rights easement comprises a part of the property consisting of approximately 45.9± acres (subject to survey) of the 53.9± acre parcel. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owners; and WHEREAS, t he purchase price for the easement is $80,000 (eighty thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds; and WHEREAS, the property is listed on the Town’s Community Preservation Project Plan as property that should be preserved due to its agricultural value; and WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, and Southold Town Meeting Agenda - July 29, 2008 Page 46 WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has recommended that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the development rights easement; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on this agricultural land; now, therefore, be it RESOLVEDelects to purchase a that the Town Board of the Town of Southold hereby development rights easement on agricultural land owned by John A. Sepenoski and Patricia Sepenoski pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Code of the Town of Southold. Said property is identified as part of SCTM #1000-54-3-24.1. The address is 1655 Old North Road the property is located in the A-C zoning district and is approximately 982 feet northeasterly from the intersection of Old North Road and Horton Lane in Southold, New York. The development rights easement comprises a part of the property consisting of approximately 45.9± acres (subject to survey) of the 53.9± acre parcel. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owners. The purchase price for the easement is $80,000 (eighty thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds. Town funding for this purchase is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code of the Town of Southold. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the Local Waterfront Revitalization Program (LWRP) and the Town Board has determined that this action is consistent with the LWRP. Southold Town Meeting Agenda - July 29, 2008 Page 47 ? Vote Record - Resolution RES-2008-749 ? 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 2008-750 CATEGORY: Property Acquisition Purchase DEPARTMENT: Land Preservation ZIP Peconic Wells Elect to Purchase WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of a development rights easement on a certain parcel of property owned by ZIP th Peconic Wells, LLC on the 29 day of July, 2008, pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as part of SCTM #1000-86-1-10.9. The address is 2350 Wells Road, Peconic, New York, and is located at the southwest corner of NYS Route 25 and Wells Road in Peconic in the R-80 zoning district; and WHEREAS, the proposed acquisition is for a development rights easement on a part of the property consisting of approximately 30± acres (subject to survey) of the 32.83± acre parcel. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owner; and WHEREAS, t he purchase price for the easement is $83,000 (eighty-three thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds. The Town may be eligible for grant funding from the United States Department of Agriculture 2007 Federal Farm and Ranch Lands Protection Program Funding for partial reimbursement of the purchase price; and Southold Town Meeting Agenda - July 29, 2008 Page 48 WHEREAS, the property is listed on the Town’s Community Preservation Project Plan as property that should be preserved due to its agricultural value; and WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has recommended to the Town Board that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the development rights easement; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on this agricultural land; now, therefore, be it RESOLVEDelects to purchase a that the Town Board of the Town of Southold hereby development rights easement on agricultural land owned by ZIP Peconic Wells, LLC pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Code of the Town of Southold. Said property is identified as part of SCTM #1000-86-1-10.9. The address is 2350 Wells Road, Peconic, New York, and is located at the southwest corner of NYS Route 25 and Wells Road in Peconic in the R-80 zoning district. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 30± acres (subject to survey) of the 32.83± parcel. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owner. The purchase price for the easement is $83,000 (eighty-three thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds. The Town may be eligible for grant funding Southold Town Meeting Agenda - July 29, 2008 Page 49 from the United States Department of Agriculture 2007 Federal Farm and Ranch Lands Protection Program Funding for partial reimbursement of the purchase price. Town funding for this purchase is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code of the Town of Southold. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the Local Waterfront Revitalization Program (LWRP) and the Town Board hereby determines that this action is consistent with the LWRP. ? Vote Record - Resolution RES-2008-750 ? 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 Cell Tower 2. Ph 7/29/08 @ 4:40 Pm a Local Law in Relation to Amendments to Inclusionary Zoning Requirements in the Code of the Town of Southold 3. PH 7/29/08 @ 4:45 Pm Parking Restrictions in NS 4. Set Public Hearing For Tuesday, July 29, 2008, at 4:55 P.M., for the Purchase of a Development Rights Easement on Property Owned by John A. Sepenoski and Patricia Sepenoski 5. Set Public Hearing For Tuesday, July 29, 2008, at 4:50 P.M., for the Purchase of a Development Rights Easement on Property Owned by ZIP Peconic Wells, LLC