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Home My WebLink AboutAG-09/09/2008 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 September 9, 2008 7:30 PM POLICY: At scheduled Town Board meetings, the attending public is encouraged to briefly address the Town Board relating to agenda resolutions prior to their enactment; the public will also be given time at the conclusion of the regularly scheduled business agenda to address the Board on any given topic. CALL TO ORDER 7:30 PM Meeting called to order on September 9, 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. Claim Lag Report August 2008 2. Recreation Department Monthly Report July 2008 3. Recreation Department Monthly Report August 2008 4. Tracking Report Southold Town Meeting Agenda - September 9, 2008 Page 2 2nd Quarter 2008 5. Department of Public Works Monthly Report August 2008 6. Budget Month ended July 31, 2008 7. Program for the Disabled August 2008 II. PUBLIC NOTICES 1. Renewal of Liquor Licenses - Pugliese Vineyards III. COMMUNICATIONS IV. DISCUSSION 1. 9:00 AM - Jim McMahon Bucket Truck 2. 9:15 AM - Peter Harris, Jim McMahon Banners 3. 9:30 AM - Jim McMahon, Jamie Richter, Mark Terry Goldsmith Jetty - EIS? 4. 10:00 AM - Ed Forrester, Lori Hulse, Ruth Oliva, Jeri Woodhouse Code Enforcement - Gerenal Discussion of Policies & Procedures - Vacancy Noise Ordinance 5. 11:00 AM - Mike Verity Denial of Building Permit Refund 6. Employment Assistance Program 7. CAC Appointment 8. Follow Up - Code Committee Meeting Southold Town Meeting Agenda - September 9, 2008 Page 3 9. Follow Up - Deer Management Meeting 10. 1:30 P.M. - EXECUTIVE SESSION - Melissa Spiro Potential Property Acquisition & Value of Potential Purchase 11. Bay Constables per Councilman Krupski 12. Storm Water Stickers per Councilman Krupski 13. 11:30 A.M. - Chief Cochran Hiring Police Officers 14. 10:45 A.M. - Phillip Beltz Grant Submission Policy 15. 12:00 Noon - Heather Lanza Design Requirements for Residential Site Plans 16. 12:30 P.M. - LUNCH 17. Accept Resignation of Dennis Noncarrow Ethics Board MINUTES APPROVAL RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Wednesday, June 11, 2008 ? Vote Record - Acceptance of Minutes for June 11, 2008 4:00 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, June 17, 2008 ? Vote Record - Acceptance of Minutes for June 17, 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 Southold Town Meeting Agenda - September 9, 2008 Page 4 2008-839 Tabled 8/26/2008 4:30 PM CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Accounting Execute Agreement for Employee Assistance Program RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an agreement with National EAP, Inc. in connection with an Employee Assistance Program in the amount of $4.37 per month per employee for the period September 1, 2008 through August 31, 2009, said agreement subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-839 ? 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 2008-840 Tabled 8/26/2008 4:30 PM CATEGORY: Budget Modification DEPARTMENT: Accounting Create Budget Lines for EAP RESOLVEDmodifies the 2008 budget that the Town Board of the Town of Southold hereby as follows: General Fund Whole Town From: A.1990.4.100.100 Unallocated Contingencies $4,200 To: A.9055.8.000.200 Employee Assistance Program $4,200 General Fund Part Town Southold Town Meeting Agenda - September 9, 2008 Page 5 From: B.1990.4.100.100 Unallocated Contingencies $600 To: B.9055.8.000.200 Employee Assistance Program $600 Highway Fund Part Town From: DB.9030.8.000.000 Social Security Benefits $625 To: DB.9055.8.000.200 Employee Assistance Program $625 Solid Waste Management District From: SR.9010.8.000.000 NYS Retirement Benefits $325 To: SR.9055.8.000.200 Employee Assistance Program $325 ? Vote Record - Resolution RES-2008-840 ? 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 2008-841 Tabled 8/26/2008 4:30 PM CATEGORY: Refund DEPARTMENT: Town Clerk Deny the Request by Robert Criscito of Robert’s Custom Homes for a Refund of Building Permit Fees for Permit No. 33720Z RESOLVEDdenies the request by that the Town Board of the Town of Southold hereby Robert Criscito of Robert’s Custom Homes for a refund of Building Permit fees for Permit No. 33720Z granted to Tina Lepik. Southold Town Meeting Agenda - September 9, 2008 Page 6 ? Vote Record - Resolution RES-2008-841 ? 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 2008-842 Tabled 8/26/2008 4:30 PM CATEGORY: Employment - Town DEPARTMENT: Public Works Russell Ackroyd Mechanic III RESOLVEDappoints Russell Ackroyd that the Town Board of the Town of Southold hereby to the position of Maintenance Mechanic III for the Department of Public Works , effective October 16, 2008, at a rate of $21.8881 per hour. ? Vote Record - Resolution RES-2008-842 ? 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 2008-843 CATEGORY: Grants DEPARTMENT: Land Preservation NYS Dept of Ag & Mks Grant Submission RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Land Preservation Coordinator Melissa Spiro to submit a proposal to the New York State Department of Agriculture and Markets to solicit State assistance from the 2008-2009 (Round 12) Farmland Protection Implementation Grant (FPIG) Program. Southold Town Meeting Agenda - September 9, 2008 Page 7 ? Vote Record - Resolution RES-2008-843 ? 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 2008-844 CATEGORY: Grants DEPARTMENT: Public Works Flashing Beacon - Mattituck-Cutchogue School RESOLVEDauthorizes and directs that that the Town Board of the Town of Southold hereby an application be submitted to the New York State Department of Transportation for a Department of Transportation work permit relating to the installation of a flashing beacon light on State Route 25 a the Mattituck High School located at 15125 Main Road, Mattituck, NY 11952 , and authorizes the payment for such work through a grant to be provided to the Town by the State of New York. ? Vote Record - Resolution RES-2008-844 ? 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 2008-845 CATEGORY: Authorize to Bid DEPARTMENT: Public Works Laurel Lake Preserve Grant RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise for bids for the demolition, removal of concrete block buildings, wooden frame buildings, old tanks, concrete and asphalt pads and miscellaneous debris, on Southold Town Meeting Agenda - September 9, 2008 Page 8 the Laurel Lake Preserve, in accordance with the plans & specifications prepared by James Richter, RA, Office of the Town Engineer. ? Vote Record - Resolution RES-2008-845 ? 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 2008-846 CATEGORY: Budget Modification DEPARTMENT: Planning Board Budget Modification - Planning Board Fiscal Impact: Unused vacation time was paid out to a departing employee, causing a deficit in the Vacation Earnings line. The Sick Earnings line has a surplus of funds that are not expected to be needed in 2008. RESOLVEDmodifies the 2008 Planning that the Town Board of the Town of Southold hereby Board budget as follows: To : B.8020.1.100.300 Vacation Earnings $1,829.39 From : B.8020.1.100.400 Sick Earnings $1,829.39 ? Vote Record - Resolution RES-2008-846 ? 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 2008-847 CATEGORY: Public Service DEPARTMENT: Town Attorney Cleveland Request to Connect to FISD Southold Town Meeting Agenda - September 9, 2008 Page 9 WHEREAS , pursuant to Section 215 of the Southold Town Code, the Town Board, acting for and on behalf of the Fishers Island Sewer District, is authorized and empowered to regulate the disposal of wastewater and proper operations and maintenance of the public sewers, the sewage treatment facility, and other sewage works within the Fishers Island Sewer District (FISD); and WHEREAS , Clement Cleveland, IV wishes to obtain a permit to connect to the public sewer located at 1 Winthrop Drive, Fishers Island, New York, for the purposes of construction of a single-family residence on a vacant lot, presently owned by Mr. Cleveland, said lot located on the south side of Winthrop Drive, Fishers Island, New York (Suffolk County Tax Map #1000-9-10-1); now, therefore, be it RESOLVEDauthorizes Clement that the Town Board of the Town of Southold hereby Cleveland, IV to connect to the Fishers Island Sewer District at 1 Winthrop Drive, Fishers Island, New York (Suffolk County Tax Map #1000-9-10-1), in accordance with the rules and regulations set forth in Chapter 215 of the Southold Town Code, subject to the Town Board receiving a written approval from CME Associates Engineering, Land Surveying & Architecture, PLLC. ? Vote Record - Resolution RES-2008-847 ? 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 2008-848 CATEGORY: Budget Modification DEPARTMENT: Accounting Establish Capital Fund - PD Electric Svc Project Southold Town Meeting Agenda - September 9, 2008 Page 10 WHEREAS the Town Board of the Town of Southold adopted a 2008 Capital Budget which includes a $35,000 appropriation for upgrading the electric service at Police Headquarters in Peconic, and WHEREAS the Town’s Capital Budgeting process requires a resolution to formally establish a Capital Budget item in the Capital Fund, and WHEREAS the Department Head of the Town’s Department of Public Works desires to establish a lesser amount in the 2008 Capital Fund for upgrading the electric service at Police Headquarters in Peconic, now therefore be it RESOLVED authorizes the that the Town Board of the Town of Southold hereby establishment of the following Capital Project in the 2008 Capital Fund: Capital Project Name: Police HQ Electric Service Financing Method: Transfer from General Fund Whole Town Budget: Revenues: H.5031.55 Interfund Transfers $3,000 Appropriations: H.1620.2.300.300 Buildings & Grounds Capital Outlay Police HQ Electric Service $3,000 ? Vote Record - Resolution RES-2008-848 ? 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 2008-849 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Adopt the Suffolk County Multi-Jurisdictional Multi-Hazard Mitigation Plan Southold Town Meeting Agenda - September 9, 2008 Page 11 WHEREAS , all of Suffolk County has exposure to natural hazards that increase the risk to life, property, environment and the County’s economy; and WHEREAS , pro-active mitigation of known hazards before a disaster event can reduce or eliminate long-term risk to life and property; and WHEREAS , The Disaster Mitigation Act of 2000 (Public Law 106-390) established new requirements for pre- and post-disaster hazard mitigation programs; and WHEREAS , a coalition of Suffolk County municipalities with like planning objectives has been formed to pool resources and create consistent mitigation strategies to be implemented within each partner’s identified capabilities, within Suffolk County; and WHEREAS , the coalition has completed a planning process that engages the public, assesses the risk and vulnerability to the impacts of natural hazards, develops a mitigation strategy consistent with a set of uniform goals and objectives, and creates a plan for implementing, evaluating and revising this strategy; NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Southold: 1. Adopts the Suffolk County Multi-Jurisdictional Multi-Hazard Mitigation Plan (the “Plan”) as this jurisdiction’s Natural Hazards Mitigation Plan, and resolves to execute the actions identified in the Plan that pertain to this jurisdiction. 2. Will use the adopted and approved portions of the Plan to guide pre- and post- disaster mitigation of the hazards identified. 3. Will coordinate the strategies identified in the Plan with other planning programs and mechanisms under its jurisdictional authority. 4. Will continue its support of the Mitigation Planning Committee as described within the Plan. 5. Will help to promote and support the mitigation successes of all participants in this Plan. Southold Town Meeting Agenda - September 9, 2008 Page 12 6. Will incorporate mitigation planning as an integral component of government and partner operations. ? Vote Record - Resolution RES-2008-849 ? 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 2008-850 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District SWMD Budget Mods Fiscal Impact: Lubricants line overdrawn due to cost increases in oils, greases, etc.; Storage space rental approved by TB 8/26 - rental cost is actually 1,000 less than approved; Misc. sanitation equip. for purchase of used water truck. MSW Removal line expected to be under budget in 2008. RESOLVEDmodifies the 2008 that the Town Board of the Town of Southold hereby Solid Waste Management District budget as follows: From: MSW Removal (SR 8160.4.400.805 $ 15,120 To: Lubricants (SR 8160.4.100.225 $ 5,000 Storage Space Rental (SR 8160.4.400.725) 5,120 Misc. Sanitation Equipment (SR 8160.2.500.600) 5,000 ? Vote Record - Resolution RES-2008-850 ? 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 - September 9, 2008 Page 13 2008-851 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk CNS Historical Council Close Cases Lane RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Cutchogue-New Suffolk Historical Council’s A day of Family Fun and History” on the Cutchogue Village Green, and to close Cases Lane from Route 25 to Fairway Drive, on Saturday, September 27, 2008 from 11:00 A.M. to 4:00 P.M., provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and notify Capt. Flatley upon receipt of 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-2008-851 ? 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 2008-852 CATEGORY: Budget Modification DEPARTMENT: Public Works DPW - Bucket Truck - Streetlights RESOLVEDmodifies the 2008 General that the Town Board of the Town of Southold hereby Fund Whole Town Budget as follows: From: A.1990.4.100.100 Contingencies $6,200.00 Unallocated Contingencies To: A.5182.4.400.650 Street Lighting, C.S. $6,200.00 Vehicle Maintenance & Repairs Southold Town Meeting Agenda - September 9, 2008 Page 14 ? Vote Record - Resolution RES-2008-852 ? 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 2008-853 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Planning Board Authorize Supervisor Scott A. Russell to Extend the Consultancy Agreement Retaining the Services of William Cremers to Assist the Planning Department through December 31, 2008. RESOLVEDauthorizes Supervisor that the Town Board of the Town of Southold hereby Scott A. Russell to extend the consultancy agreement retaining the services of William Cremers to assist the Planning Department in site plan review and other Town planning functions , payment not to exceed $1,000 per month, for an additional four (4) months, ending December 31, 2008, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-853 ? 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 2008-854 CATEGORY: Refund DEPARTMENT: Solid Waste Management District SWMD Refund of Overpayment Fiscal Impact: The holder of this account is deceased. RESOLVEDauthorizes a refund in the that the Town Board of The Town of Southold amount of $55.60 to the account of Joseph N. Diaz for overpayment on his tip fee account with the Solid Waste Management District. Southold Town Meeting Agenda - September 9, 2008 Page 15 ? Vote Record - Resolution RES-2008-854 ? 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 2008-855 CATEGORY: Budget Modification DEPARTMENT: Town Clerk Budget Modification FIFD Fiscal Impact: Due to an increase in auto and passenger traffic, credit card fees are larger than expected, which in turn has over-extended the Ferry Operations expenditure line RESOLVEDmodifies the 2008 Fishers that the Town Board of the Town of Southold hereby Island Ferry District budget as follows: TO: SM.5710.4.000.000 Ferry Operations, Other $15,000.00 FROM: SM.5710.1.000.000 Personnel Services $15,000.00 ? Vote Record - Resolution RES-2008-855 ? 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 2008-856 CATEGORY: Petty Cash DEPARTMENT: Town Clerk Create Petty Cash Fund for Youth Bureau RESOLVEDa petty cash fund is hereby that pursuant to Section 64(1-a) of the Town Law, Southold Town Meeting Agenda - September 9, 2008 Page 16 established in the amount of $200 for Special Projects Coordinator B. Phillip Beltz. ? Vote Record - Resolution RES-2008-856 ? 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 2008-857 CATEGORY: Budget Modification DEPARTMENT: Data Processing Server Maintenance Budget Modification Fiscal Impact: Our Town Hall IBM I520 server maintenance/warranty is up for renewal in October. IBM offers 1 and 3 year contracts by choosing a 3 year contract over a 1 year we will save $1500. RESOLVEDmodifies the 2008 Data that the Town Board of the Town of Southold hereby Processing budget as follows: From: A.1680.4.400.357 Police AS400 Maint. $ 5000.00 A.1680.4.400.352 Printer Maint. $ 4000.00 A.1680.4.400.410 Scanner Maint. $ 5500.00 To: A.1680.4.400.350 AS400 Maint. $ 14500.00 ? Vote Record - Resolution RES-2008-857 ? 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 2008-858 CATEGORY: Attend Seminar DEPARTMENT: Accounting Permission to Attend NYSHIP Seminar -Barbara Rudder Southold Town Meeting Agenda - September 9, 2008 Page 17 RESOLVED grants permission to that the Town Board of the Town of Southold hereby Barbara Rudder to attend a NYSHIP Regional meeting on the Empire Plan in Hauppauge, on Friday October 3, 2008. All expenses for registration, travel and lodging (if necessary) to be a legal charge to the 2008 Accounting Department budget (meetings and seminars). ? Vote Record - Resolution RES-2008-858 ? 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 2008-859 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Land Preservation The Nature Conservancy 2008 Contract Revision RESOLVEDamends resolution #2008- that the Town Board of the Town of Southold hereby 66, adopted at the January 2, 2008 regular Town Board meeting to read as follows: RESOLVED that the Town Board of the Town of Southold hereby engages the professional services of The Nature Conservancy to perform Conservation Planning, Acquisition, and Professional Services related to the Town’s land preservation efforts within the Pipes Cove area, and authorizes the Supervisor to sign the agreement between The Nature Conservancy and the Town of Southold, subject to review of the contract language by the Town Attorney. as set Compensation shall be for direct travel expenses and for employee time at an hourly rate forth in Exhibit A - TNC Staff Reimbursement Schedules 2008 and shall not exceed twenty thousand ($20,000.00) dollars. The contract term shall be from January 1, 2008 to December 31, 2008. Invoices submitted under the terms of this contract shall be a legal charge to the 2008 Community Preservation Fund budget H3.8710.2.400.100 (Land Use Consultants). Southold Town Meeting Agenda - September 9, 2008 Page 18 ? Vote Record - Resolution RES-2008-859 ? 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 2008-860 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Agreement for Architectural Services Between V. Baras Architects PC and the Town of Southold in Connection with Assessing the Cost Feasibility of a Modular Design Development of a New Court Complex RESOLVED authorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Agreement for Architectural Services between v. Baras Architects PC and the Town of Southold in connection with assessing the cost feasibility of a modular design development of a new Court complex , at a cost on a flat fee basis of $7,800.00, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-860 ? 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 2008-861 CATEGORY: Committee Resignation DEPARTMENT: Town Clerk Board of Ethics Resignation RESOLVEDaccepts the resignation of that the Town Board of the Town of Southold hereby R. Denis Noncarrow from the position of a member of the Southold Town Board of Ethics , effective immediately, and be it further Southold Town Meeting Agenda - September 9, 2008 Page 19 RESOLVED that the Town Clerk hereby is authorized and directed to advertise for this vacany. ? Vote Record - Resolution RES-2008-861 ? 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 2008-862 CATEGORY: Property Acquisition Public Hearing DEPARTMENT: Land Preservation Ficner - Set Public Hearing RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold sets Tuesday, September 23, 2008, at 4:40 p.m., Southold Town Hall, 53095 Main hereby Road, Southold, New York as the time and place for a public hearing for the purchase of a development rights easement on property owned by Carolyn Blaskiewicz, Barbara Bokina, Susan Cheshire, Jeanette Sayre, and Stacia Ficner (known as the “Ficner” Property) Said property is identified as part of SCTM #1000-95-4-6. The address is 7990 Oregon Road in the A- C zoning district and located approximately 1029 feet southwesterly from the intersection of Depot Lane and Oregon Road in Cutchogue, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 6± acres (subject to survey) of the 8.3± acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owners. The purchase price is $79,000 (seventy-nine thousand dollars) per buildable acre for the 6± acre easement plus acquisition costs. The easement will be acquired using Community Preservation Funds. The property is not listed on the Town’s 2006 Community Preservation Project Plan List of Eligible parcels; however, it is proposed to be added to the plan after a public hearing to amend Southold Town Meeting Agenda - September 9, 2008 Page 20 the List of Eligible parcels that will also be held on September 23, 2008. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. ? Vote Record - Resolution RES-2008-862 ? 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 2008-863 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk CAC Appointment - Trimble RESOLVEDappoints Ann Trimble as a that the Town Board of the Town of Southold hereby member of the Conservation Advisory Council, effective September 9, 2008. ? Vote Record - Resolution RES-2008-863 ? 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 2008-864 CATEGORY: Policies DEPARTMENT: Town Attorney Adopts the 2008 Town of Southold Grant Submission Policy and Procedure to Assist Department Heads and the Town Board in Decision-Making Towards Obtaining Funding from External Sources WHEREAS , the Town of Southold is committed to seeking funding opportunities that benefit Southold Town Meeting Agenda - September 9, 2008 Page 21 Town departments and residents of the Town. However, the availability of funding resources shall not solely guide efforts to obtain funding due to strict compliance and accountability requirements; now, therefore, it is RESOLVEDadopts the 2008 Town of that the Town Board of the Town of Southold hereby Southold Grant Submission Policy and Procedure to assist Department Heads and the Town Board in decision-making towards obtaining funding from external sources. ? Vote Record - Resolution RES-2008-864 ? 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 2008-865 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Installation of Storm Drain Markers RESOLVEDapproves a cooperative that the Town Board of the Town of Southold hereby effort with the Southold VOICE for installation of storm drain markers to be installed on storm drains leading to the creeks, bays, sound and wetlands , in conjunction with a plan approved by the Superintendant of Highways and the Town's Stormwater Runoff Committee. ? Vote Record - Resolution RES-2008-865 ? 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 2008-866 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Southold Town Meeting Agenda - September 9, 2008 Page 22 Authorizes and Directs Supervisor Scott A. Russell to Execute the Proposal of Kinsley Power Systems Dated September 5, 2008, to Replace the Transfer Switch for the Generator in Connection with the Fishers Island Pump Station, RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Proposal of Kinsley Power Systems dated September 5, 2008, to replace the transfer switch for the generator in connection with the Fishers Island Pump Station not exceed $3,000.00 , subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-866 ? 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 2008-867 CATEGORY: Seqra DEPARTMENT: Land Preservation Wesnofske 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 the Estate of Eugene L. Wesnofske (Eugene Wesnofske and Chrystal Wesnofske as contract vendees) 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 #1000-69-4-8.1. The address is 36450 County Road 48 in the A-C zoning district and is approximately 960 feet west of North Road By-Pass in Southold, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 6.2326± acres (subject to survey) of the 8.0726± 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 owner/contract vendee. The purchase price for the easement is $68,000 (sixty-eight thousand dollars) per buildable acre plus acquisition costs; now, therefore, be it RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it further RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only Southold Town Meeting Agenda - September 9, 2008 Page 23 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 RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action. ? Vote Record - Resolution RES-2008-867 ? 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 2008-868 CATEGORY: Seqra DEPARTMENT: Town Attorney SEQRA for LL/B&B Uses in Marine Districts RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed local “A Local Law in relation to adding Bed-and-Breakfast Uses to Marine law entitled Districts” 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 recommendations of Mark Terry dated September 8, 2008, and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith; and be it further RESOLVED that the Town Board of the Town of Southold hereby determines such actions to be consistent with the Town of Southold LWRP. Southold Town Meeting Agenda - September 9, 2008 Page 24 ? Vote Record - Resolution RES-2008-868 ? 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 2008-869 CATEGORY: Seqra DEPARTMENT: Town Attorney SEQRA for LL/Regulations Governing Farm Stands RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed local “A Local Law in relation to Regulations Governing Farm Stands” law entitled 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 recommendations of Mark Terry dated September 8, 2008, and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith; and be it further RESOLVED that the Town Board of the Town of Southold hereby determines such actions to be consistent with the Town of Southold LWRP. ? Vote Record - Resolution RES-2008-869 ? 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 2008-870 CATEGORY: Seqra DEPARTMENT: Town Attorney SEQRA for LL/Waiver Provisions of Merger Law Southold Town Meeting Agenda - September 9, 2008 Page 25 RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed local “A Local Law in relation to Amendments to the Waiver Provisions of the law entitled Merger Law” 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 recommendations of Mark Terry dated September 8, 2008, and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith; and be it further RESOLVED that the Town Board of the Town of Southold hereby determines such actions to be consistent with the Town of Southold LWRP. ? Vote Record - Resolution RES-2008-870 ? 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 2008-871 CATEGORY: Seqra DEPARTMENT: Town Attorney SEQRA for LL/CPF Management Plan RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed local “A Local Law in relation to the 2008 Town of Southold Community law entitled Preservation Fund Management and Stewardship Plan” 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 recommendations of Mark Terry dated September 8, 2008, and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith; and be it further Southold Town Meeting Agenda - September 9, 2008 Page 26 RESOLVED that the Town Board of the Town of Southold hereby determines such actions to be consistent with the Town of Southold LWRP. ? Vote Record - Resolution RES-2008-871 ? 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 2008-872 Tabled 8/12/2008 7:30 PM CATEGORY: Bond DEPARTMENT: Town Clerk MPD Resolution & Order After PH RESOLUTION AND ORDER AFTER PUBLIC HEARING WHEREAS, the Board of Commissioners of the Mattituck Park District (the “Board” and the “District,” respectively) of the Town of Southold (the “Town”), Suffolk County, New York, pursuant to the provisions of Chapter 924 of the 1941 Laws of New York and the resolution adopted by said Board of Commissioners on March 13, 2008, has requested the Town Board of the Town to call a public hearing to hear all persons interested in the subject thereof, being the construction of sports lighting on the property heretofore acquired and now owned by the Park District at Aldrich Lane Fields, Laurel, New York; and WHEREAS, the Town Board adopted an Order describing in general terms the proposed increase and improvement of facilities, specifying the estimated cost thereof, and stating the Town Board would meet to hear all persons interested in said increase and improvement of facilities on August 12, 2008 at 8:00 o’clock P.M. (Prevailing Time) at the Town Hall, 53095 Main Road, Southold, New York; and WHEREAS, a Notice of said public hearing was duly published and posted pursuant to the provisions of Article 12 of the Town Law; and WHEREAS, said public hearing was duly held by the Town Board on the 12th Southold Town Meeting Agenda - September 9, 2008 Page 27 day of August, 2008 at 8:00 o’clock P.M. (Prevailing Time) at the Town Hall, 53095 Main Road, Southold, New York, with considerable discussion on the matter having been had and all persons desiring to be heard having been heard, including those in favor of and those in opposition to said increase and improvement of such facilities; and WHEREAS, said Board of Commissioners, in the role of Lead Agency, has undertaken the requisite proceedings pursuant to the New York State Environmental Quality Review Act (“SEQRA”) and has determined that the project described herein is an Unlisted Action thereunder having no adverse impact upon the environment and a Negative Declaration has been issued; Now, therefore, it is hereby DETERMINED, that it is in the public interest to increase and improve the facilities of the District as hereinabove described, at the estimated maximum cost of $338,800; and it is hereby ORDERED, that the facilities of the District shall be so increased and improved as hereinabove described and, further, that the Engineer heretofore retained by the Board of Commissioners shall prepare specifications and make careful estimates of the expense of said increase and improvement of the facilities and with the assistance of the Attorney for the District, prepare a proposed contract or contracts therefor, which specifications, estimate and proposed contract(s) shall be presented to said Board of Commissioners and the Town Board as soon as possible; and it is hereby FURTHER ORDERED, that the expense of so increasing and improving the facilities of the District shall be financed by the expenditure of $39,000 from the District’s Operating Fund, $100,000 from funds available in the Town of Southold Recreation Fund, and the issuance of $199,800 bonds of the Town; and it is hereby FURTHER ORDERED, that the Town Clerk record, or cause to be recorded, a certified copy of this Resolution and Order After Public Hearing in the office of the Clerk of Suffolk County within ten (10) days after adoption thereof. Southold Town Meeting Agenda - September 9, 2008 Page 28 ? Vote Record - Resolution RES-2008-872 ? 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 2008-873 Tabled 8/12/2008 7:30 PM CATEGORY: Bond DEPARTMENT: Town Clerk MPD Bond Resolution BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED AUGUST 12, 2008, APPROPRIATING $338,800 FOR THE INCREASE AND IMPROVEMENT OF FACILITIES OF THE MATTITUCK PARK DISTRICT, INCLUDING THE EXPENDITURE OF $39,000 FROM THE DISTRICT’S OPERATING FUND AND $100,000 AVAILABLE IN THE TOWN’S RECREATION FUND TO PAY A PART OF SAID APPROPRIATION; AND AUTHORIZING THE ISSUANCE OF $199,800 SERIAL BONDS TO FINANCE THE BALANCE OF SAID APPROPRIATION Recital WHEREAS, the Board of Commissioners of the Mattituck Park District (herein called the “District”) in the Town of Southold (herein called the “Town”), in the County of Suffolk, New York, has requested that the Town Board undertake proceedings pursuant to Section 202-b of the Town Law for the increase and improvement of facilities of the District and said Board of Commissioners has caused Ward Associates, P.C., engineers duly licensed by the State of New York (the “Engineer”) to prepare a plan and report dated January 7, 2008, for such increase and improvement of facilities of the District, consisting of the construction of sports lighting on the property heretofore acquired and now owned by the Park District at Aldrich Lane Southold Town Meeting Agenda - September 9, 2008 Page 29 Fields, Laurel, New York; and the Engineer has completed said preliminary plan and report for said increase and improvement of facilities of the District and has estimated the cost thereof to be $338,800 and said map, plan and report have been filed with the Town Board of the Town; and WHEREAS, after a public hearing duly called and held, the Town Board of the Town determined that it is in the public interest to increase and improve the facilities of the District, and ordered that such facilities be so increased and improved; Now, therefore, be it RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK (by the favorable vote of not less than two-thirds of all the members of said Board) AS FOLLOWS: Section 1. The Town hereby appropriates the amount of $338,800 for the increase and improvement of facilities of the District, as described in the Recitals hereto, including the expenditure of $39,000 from the District’s Operating Fund and $100,000 available in the Town’s Recreation Fund to pay a part of said appropriation. The estimated maximum cost of the increase and improvement of facilities, including preliminary costs and costs incidental thereto and the financing thereof, is $338,800. The plan of financing includes the expenditure of $39,000 from the District’s Operating Fund and $100,000 available in the Town’s Recreation Fund to pay a part of said appropriation, the issuance of $199,800 bonds to finance the balance of said appropriation, and the assessment, levy and collection of assessments upon the several lots and parcels of land within the District in the same manner and at the same time as other Town charges. If the cost of the project, including payment of principal and interest on any obligations issued therefor, is not paid from such assessments, all the taxable property within the Town shall be subject to the levy of an ad valorem tax, without limitation as to rate or amount, sufficient to pay the principal of and interest on said obligations as the same shall become due and payable. Section 2. Bonds of the Town are hereby authorized to be issued in the principal amount of $199,800 pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called “Law”), to finance a part of said appropriation. Section 3. The following additional matters are hereby determined and stated: Southold Town Meeting Agenda - September 9, 2008 Page 30 (a) The period of probable usefulness of the object or purpose for which said bonds are authorized to be issued, within the limitations of Section 11.00 a. 35 of the Law, is five (5) years. (b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town and/or District for expenditures made after the effective date of this resolution, or for expenditures made on or prior to the effective date if a declaration of intent to issue bonds has been made. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) The proposed maturity of the serial bonds authorized by this resolution will not exceed five (5) years. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of said bonds shall contain the recital of validity prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation said bonds shall be general obligations of the Town, payable as to both principal and interest by a general tax upon all the taxable real property within the Town without limitation as to rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds, and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes issued in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of the issuance of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 and 168.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and the renewals of said bond anticipation notes, and relative to executing contracts for credit enhancements and providing for substantially level or Southold Town Meeting Agenda - September 9, 2008 Page 31 declining annual debt service, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution, or a summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This resolution shall take effect immediately and the Town Clerk is hereby authorized and directed to publish this bond resolution, in summary, in the “SUFFOLK TIMES,” a newspaper having a general circulation in said Town, which newspaper is hereby designated as the official newspaper of the Town for such publication, together with the Town Clerk’s statutory notice in the form prescribed by Section 81.00 of the Local Finance Law of the State of New York. ? Vote Record - Resolution RES-2008-873 ? 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 2008-874 CATEGORY: Property Acquisition Purchase DEPARTMENT: Land Preservation Wesnofske Elect to Purchase Southold Town Meeting Agenda - September 9, 2008 Page 32 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 the Estate of Eugene L. Wesnofske (Eugene Wesnofske and Chrystal Wesnofske, as contract th vendees) on the 9 day of September, 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 #1000-69-4-8.1. The address is 36450 County Road 48 in the A-C zoning district and is located approximately 960 feet west of North Road By-Pass in Southold, New York; and WHEREAS, the development rights easement comprises a part of the property consisting of approximately 6.2326± acres (subject to survey) of the 8.0726± 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/contract vendees; and WHEREAS, t he purchase price for the easement is $68,000 (sixty-eight 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 WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program (LWRP) Southold Town Meeting Agenda - September 9, 2008 Page 33 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 the Estate of Eugene L. Wesnofske (Eugene Wesnofske and Chrystal Wesnofske, as contract vendees) 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 #1000-69-4-8.1. The address is 36450 County Road 48 in the A-C zoning district and is located approximately 960 feet west of North Road By-Pass in Southold, New York. The development rights easement comprises a part of the property consisting of approximately 6.2326± acres (subject to survey) of the 8.0726± 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/contract vendee. The purchase price for the easement is $68,000 (sixty-eight 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 - September 9, 2008 Page 34 ? Vote Record - Resolution RES-2008-874 ? 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 2008-875 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL Merger WHEREAS , there has been presented to the Town Board of the Town of Southold, Suffolk th “A Local Law in County, New York, on the 12 day of August, 2008, a Local Law entitled relation to Amendments to the Waiver Provisions of the Merger Law” 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 RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed “A Local Law in relation to Amendments to the Waiver Provisions of Local Law entitled, the Merger Law” which reads as follows: LOCAL LAW NO. 2008 “A Local Law in relation to Amendments to the Waiver Provisions of A Local Law entitled, the Merger Law” . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - The purpose of this amendment is to provide an additional path by which owners of lots deemed “merged” may apply to waive those mergers under certain circumstances. II. Chapter 280 of the Town Code of the Town of Southold is hereby amended as follows: Southold Town Meeting Agenda - September 9, 2008 Page 35 § 280-11. Waiver of merger. A. If a lot has merged pursuant to the provisions of Section 280-10, the Zoning Board of Appeals may waive the merger and recognize original lot lines upon public hearing and finding that: (1) The lot proposed to be recognized has not been transferred to an unrelated person or entity since the time the merger was effected; and The waiver will not result in a significant increase in the density of the neighborhood. (2) Upon balancing whether: (a) The proposed waiver would recognize a lot that is as large, or greater in size than a majority of the improved lots within a 1000 foot distance from any lot line of the lot proposed to be recognized; (b) The lot proposed to be recognized is vacant and has historically been treated an maintained as a separate and independent residential lot since the date of its original creation; and (c) The proposed waiver and recognition will create an adverse impact on the physical or environmental conditions in the neighborhood or district. The waiver would recognize a lot that is consistent with the size of lots in that neighborhood. (3) The waiver will avoid economic hardship. (4) The natural details and character of the and the character of the contours and slopes of the lot will not be significantly changed or altered in any manner, and there will not be a substantial filling of land affecting nearby environmental or flood areas. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Southold Town Meeting Agenda - September 9, 2008 Page 36 ? Vote Record - Resolution RES-2008-875 ? 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 2008-876 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL B & B in MMII WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk “A Local Law in County, New York, on the 12th day of August, 2008 a Local Law entitled relation to adding Bed-and-Breakfast Uses to Marine Districts” 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 adding Bed-and-Breakfast Uses to Marine Local Law entitled, Districts” which reads as follows: LOCAL LAW NO. 2008 “A Local Law in relation to adding Bed-and-Breakfast Uses to A Local Law entitled, Marine Districts” BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - In order to be consistent with other allowable uses in these districts, this Local Law will include bed and breakfast uses in the Marine zoning districts by special exception obtained from the Zoning Board of Appeals. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: Southold Town Meeting Agenda - September 9, 2008 Page 37 ARTICLE XII, Marine I (MI) District § 280-52 B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals, as hereinafter provided, subject to site plan approval by the Planning Board: (3) Bed-and-Breakfast uses as set forth in and regulated by 280-13B(14) ARTICLE XIII, Marine II (MII) District [Added 1-10-1989 by L.L. No. 1-1989] § 280-55. Use regulations. B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals, as hereinafter provided, subject to site plan approval by the Planning Board: (7) Bed-and-Breakfast uses as set forth in and regulated by 280-13B(14). SEVERABILITY III. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. EFFECTIVE DATE IV. This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ? Vote Record - Resolution RES-2008-876 ? 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 2008-877 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL Farmstand WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk th “A Local Law in County, New York, on the 12 day of August, 2008 a Local Law entitled relation to Regulations Governing Farm Stands” and Southold Town Meeting Agenda - September 9, 2008 Page 38 WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons will be 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 Regulations Governing Farm Stands” Local Law entitled, which reads as follows: LOCAL LAW NO. OF 2008 “A Local Law in relation to Regulations Governing Farm Stands” A Local Law entitled, . BE IT ENACTED by the Town Board of the Town of Southold as follows: Chapter 135 of the code of the Town of Southold is hereby repealed in its entirety. A new Chapter 72 of the Code of the Town of Southold is hereby adopted as follows: I.§72-1. Title. This law shall be known as the “Agricultural Uses Law”. §72-2. Purpose. II. Regulation of agricultural uses in the Town of Southold is necessary to facilitate and encourage bona fide agricultural operations while providing for the health, safety and welfare of the Town’s residents and its visitors. Farm stands are an important part of the Town’s agricultural base and character, and are increasingly vital to the viability of the agricultural industry in the Town. The first Chapter of this proposed Local Law governing agricultural uses will pertain to farm stands, and require, among other things, that they be part of active farming operations within the Town. §72-3. Statutory authorization. This local law is enacted pursuant to Section 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through land use regulations intended to govern agricultural uses within the entire Town. The variance provision of this local law shall supersede any inconsistent portions of the Town Law Section 267-a and govern the subject of variances in this local law. §72-4. Definitions. As used in this Chapter, the following terms shall have their meanings Southold Town Meeting Agenda - September 9, 2008 Page 39 indicated: AGRICULTURAL PRODUCTION - The production for sale of crops, livestock or livestock products, which shall include but not be limited to: (a) field crops, including corn, wheat, oats, rye, barley, hay, potatoes and dry beans; (b) fruits, including apples, peaches, grapes, cherries, tomatoes and berries; (c) vegetables, including snap beans, cabbage, carrots, beets and onions; (d) horticultural specialties, including nursery stock, ornamental shrubs, ornamental trees and flowers; (e) livestock and livestock products, including cattle, sheep, hogs, goats, horses, poultry, ratites, such as ostriches, emus, rheas and kiwis, farmed deer, farmed buffalo, fur bearing animals, milk eggs and furs; (f) maple sap; (g) Christmas trees derived from a managed Christmas tree operation whether dug for transplanting or cut from the stump; (h) aquaculture products, including fish, fish products, water plants and shellfish; (i) woody biomass, which means short rotation woody crops raised for bioenergy, and shall include farm woodland. AGRICULTURAL USES - Activities devoted primarily to production, processing, marketing and sale of agricultural and acquacultural commodities, including any and all agricultural, horticultural, vineyard products, corn for grain, oats, soybeans, barley, wheat, poultry or poultry products, bees, maple syrup, christmas trees, livestock, including swine, and honey, sold in the state either in their natural state or as processed by the producer thereof but does not included milk, timber or timber products, other than christmas trees, all hay, rye and legumes. FARM STAND - Any primary structure or portion of a structure greater than 80 square feet in area used for the purpose of retail sale of locally produced agricultural product grown by the owner or lessor of the structure, as well as the accessory sale of processed agricultural products, agriculture-related products and incidental accessory items. For the purposes of this Chapter, a farm stand shall be limited to structures operated by an applicant on a parcel with either: not less than seven acres of land used as a single operation in the preceding two years for the production or sale of crops, livestock or livestock products of an average gross sales value of ten thousand dollars or more; or, land of seven acres or less used as a single operation in the preceding two years for the production or sale of crops, livestock or livestock products of an average gross sales Southold Town Meeting Agenda - September 9, 2008 Page 40 value of fifty thousand dollars or more. PROCESSED AGRICULTURAL PRODUCTS - Agricultural product which has been converted from its original state into a distinct product by techniques such as cooking, distillation, fermentation, crushing and straining. Examples of processed agricultural product include, without limitation, jams, jellies, cheeses, potato chips, wine and other alcoholic beverages. Simple washing, cleaning, arrangement or packaging of agricultural product shall not cause the product to be considered “processed” under this definition. RETAIL SALES AREA - Portions of a farm stand operation, usually covered, which are dedicated to the direct marketing and sale of farm stand products, including public rest rooms, but excluding storage areas, temporary display areas and other areas not accessible to the general public. ARTICLE I - FARM STANDS §72-5. Farm Stand Permit Required. A. No person shall erect, place or operate a farm stand without the Building Department’s issuance of a farm stand permit for the farm stand operation. A farm stand permit shall be subject to revocation if the farm stand fails to operate in compliance with the requirements set forth herein. B. The Building Department shall only issue a farm stand permit to a party engaged in bona fide agricultural production within the Town of Southold. For the purposes of this Article, “bona fide agricultural production” shall be limited to the operation, within the Town of Southold, of either: not less than seven acres of land used as a single operation in the preceding two years for the production or sale of crops, livestock or livestock products of an average gross sales value of ten thousand dollars or more; or, land of seven acres or less used as a single operation in the preceding two years for the production or sale of crops, livestock or livestock products of an average gross sales value of fifty thousand dollars or more. C. A farm stand existing as of the date of adoption of this Article which does not Southold Town Meeting Agenda - September 9, 2008 Page 41 meet the requirements of this Article shall be deemed to be a nonconforming building under the Zoning regulations of this Code, Chapter 280. Notwithstanding the contrary provisions of this Article, a farm stand legally existing in the Town as of January 1, 2008 shall be permitted to expand or enlarge the total area of the farm stand structure(s) by up to fifty percent, cumulatively, of the total area of the farm stand structure(s) legally existing as of January 1, 2008, subject to compliance with the parking requirements of this Article. §72-6. Farm Stand Permits Issued Without the Requirement of Site Plan Approval. A. A farm stand permit shall be issued to applicants meeting the following requirements, and such farm stands shall not require site plan approval from the Planning Board, notwithstanding the provisions of Chapter 280, Article XXIV: (1) The farm stand is located on lands used in bona fide agricultural production by the owner or lessee of the property. (2) The total area of the farm stand structure(s) does not exceed 3,000 square feet. (3) The permanent farm stand structure is set back at least fifty feet from the road. (4) The farm stand parcel provides at least four off-street parking spaces, and also provides adequate space that may be used for unimproved on-site parking equivalent to one parking space for each 200 square feet of retail sales area. C. Retail sales operations that do not meet the definition of a farm stand pursuant to this Chapter, as well as farm stands that do not meet the requirements of § 72-6A, shall be subject to the full site plan requirements of Chapter 280, Article XXIV, as well as all other zoning and use restrictions of Chapter 280 or the Town Code. §72-7. Farm Stand Offerings. All farm stands shall conform to the following product offering restrictions: A. At least sixty percent of the gross dollar value of all items offered for sale at farm Southold Town Meeting Agenda - September 9, 2008 Page 42 stands shall consist of agricultural products grown by the farm stand operator within the Town of Southold. B. No more than forty percent of the gross dollar value of all items offered for sale at a farm stand may consist of the following items only: (1) Agricultural products grown by a person or entity, other than the farm stand operator, engaged in bona fide agricultural production within the Town of Southold, and not including agricultural products not grown within the Town of Southold; (2) Items manufactured or processed from the agricultural products grown by the farm stand operator, or manufactured or processed from products grown by a person or entity, other than the farm stand operator, engaged in bona fide agricultural production within the Town of Southold; (3) Clothing, apparel and other similar items, but limited to such items that promote the specific farm stand site or operator, and souvenir items of the farm stand; and (4) Other accessory items, but limited to items complementary to the specific farm stand agricultural operation, such as decorative housewares, planters and like items. §72-8. Maximum Size of Farm Stand. In all cases, farm stand structure(s) shall not exceed 3,000 square feet in total area. §72-9. [Reserved] §72-10. [Reserved] §72-11. Variance Procedures. Any farm stand that is found not to meet the requirements of this Article may appeal such decision or seek a variance therefrom with the Zoning Board of Appeals. In addressing the merits of any variance application, the Zoning Board of Appeals shall consider the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the community by such grant, in further consideration of (1) whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties Southold Town Meeting Agenda - September 9, 2008 Page 43 will be created by the granting of the variance; (2) whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than a variance; (3) whether the requested variance is substantial; (4) whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and (5) whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the board of appeals, but shall not necessarily preclude the granting of the variance. §72-12. Penalties for Offenses. Any violation of this Article shall be grounds for the revocation of an existing farm stand permit. Furthermore, any violator of this Article shall, upon conviction, be guilty of a violation punishable by a fine not exceeding $500 or imprisonment not to exceed 15 days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense as permitted by law. For a second and subsequent conviction within 18 months thereafter, such person shall be guilty of a violation punishable by a fine not exceeding $1,500 or imprisonment not to exceed 15 days, or both. II.SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. III. APPLICABILITY AND EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ? Vote Record - Resolution RES-2008-877 ? 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 - September 9, 2008 Page 44 2008-878 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL for CPFM & S Plan WHERAS there has been presented to the Town Board of the Town of Southold, Suffolk “A Local Law in County, New York, on the 12th day of August, 2008 a Local Law entitled relation to the 2008 Town of Southold Community Preservation Fund Management and Stewardship Plan” 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 will be 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 the 2008 Town of Southold Community Local Law entitled, Preservation Fund Management and Stewardship Plan” which reads as follows: LOCAL LAW NO. 2008 “A Local Law in relation to the 2008 Town of Southold Community A Local Law entitled, Preservation Fund Management and Stewardship Plan” . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - In compliance with the recently-enacted New York State legislation relating to Peconic Bay Community Preservation Fund Administration Reforms, the Land Preservation Department has prepared a 2008 Management and Stewardship Plan for real property interests acquired through the fund. This plan must be adopted by local law and all expenditures from the fund for management and stewardship functions must be in compliance with the terms of the . plan II. Chapter 17 of the Code of the Town of Southold is hereby amended as follows: Southold Town Meeting Agenda - September 9, 2008 Page 45 § 17-13A. Community Preservation Fund Management and Stewardship Plan adopted. A. The Town Board of the Town of Southold hereby approves and adopts the Community Preservation Management and Stewardship Plan for real property interests acquired by use of moneys from the Town of Southold Community Preservation Fund, prepared by the Land Preservation Department and Land Preservation Committee, for the period July 1, 2008 through December 31, 2008, presented to the Town Board during the Work Session of August 12, 2008, and intended to be the management and stewardship plan required by amendments to § 64-e of the New York State Town Law. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. EFFECTIVE DATE IV. This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ? Vote Record - Resolution RES-2008-878 ? 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 Motion To: Adjourn Town Board Meeting COMMENTS - Current Meeting: RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at __________ P.M. * * * * * Elizabeth A. Neville Southold Town Clerk VI. PUBLIC HEARINGS Motion To: Motion to recess to Public Hearing COMMENTS - Current Meeting: Southold Town Meeting Agenda - September 9, 2008 Page 46 RESOLVEDbe and hereby is declared that this meeting of the Southold Town Board Recessed in order to hold a public hearing. 1. Matt Park Dist Call to Order 8:00 pm 8/12/08 History: 08/12/08 Town Board ADJOURNED Next: 09/09/08 2. Wesnofske PH 9/9 7:34 Pm 3. LL Merger Law - 9/9/08 7:35 Pm 4. LL B& B Marine Districts - 9/9/08 7:40 Pm 5. LL Farmstands - 9/9/08 7:50 Pm 6. LL CPFM&SP - 9/9/08 7:45 Pm