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HomeMy WebLinkAboutAG-10/21/2008 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 October 21, 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 October 21, 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. Judge Evans September 2008 2. Judge Price September 2008 3. Island Group Claim Lag Report 9/1/07 through 8/31/08 Southold Town Meeting Agenda - October 21, 2008 Page 2 4. Judge Bruer September 2008 5. Trustees Monthly Report September 2008 6. Budget Report August 31, 2008 September 30, 2008 7. Recreation Department Monthly Report September 2008 8. Program for the Disabled September 2008 9. Department of Public Works Monthly Report September 2008 10. Town Clerk Monthly Report September 2008 II. PUBLIC NOTICES 1. Town of Riverhead Code Amendments 1. Section 108-33 "Conditions for Approval" 2. Section 108-60 "Off Street Parking" 2. Scallop Season Set by Trustees Non-Commercial in Town Waters - Opens Monday, November 3, 2008 sunrise to sunset through Sunday 16, 2008 inclusive, except Hallocks Bay which is closed. Commercial and Non-Commercial - Monday, November 17, 2008 sunrise to sunset, through Tuesday, March 31, 2009 inclusive, except Hallocks Bay which is closed. 3. Renewals with New York State Liquor Authority The Broken Down Valise, 180 Pike St., Mattituck A Touch of Venice Restaurant, Mattituck Southold Town Meeting Agenda - October 21, 2008 Page 3 III. COMMUNICATIONS 1. Town Police Department Receives Gold Award 2008 Community Traffic Safety Awards Program IV. DISCUSSION 1. 10:30 Am - Heather Lanza Discussion of Pending Local Laws (on for public hearing) 2. Southold Town Economic Summit 3. Budget 4. Request for Opening of Tee Lane 5. Deer Fencing 6. 10:00 A.M. - Rob Posner & Jeff Davoli AVZ Audit 7. CAC Request for Extension of Docks Moratorium 8. Guardrail at Island View Lane, Greenport 9. Waiver of Merger 10. Re-Appointment to Board of Assessment Review Cara Wells 11. Site Plan for SAVES, Inc. 12. Set Interviews - Board of Ethics 13. 12:00 P.M. - Melissa Spiro Potential Property Acquisition and value of Potential Purchase 14. 12:30 P.M. - LUNCH SPECIAL PRESENTATION 4:30 P.M. - Antonia Booth Special Recognition Southold Town Meeting Agenda - October 21, 2008 Page 4 V. RESOLUTIONS 2008-946 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit October 21, 2008 RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby October 21, 2008. ? Vote Record - Resolution RES-2008-946 ? 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 2008-947 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Set Meeting November 5, 2008 7:00 Pm RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, November 5, 2008 at the Southold Town Hall, Southold, New York at 7:00 P. M.. ? Vote Record - Resolution RES-2008-947 ? 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 2008-948 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Budget Review Work Session on Thursday, October 23, 2008 at 10:00 AM Southold Town Meeting Agenda - October 21, 2008 Page 5 RESOLVED budget review work that the Town Board of the Town of Southold will hold a session on Thursday, October 23, 2008 at 10:00 AM at the Southold Town Hall, Southold, New York. ? Vote Record - Resolution RES-2008-948 ? 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 2008-949 CATEGORY: Set Meeting DEPARTMENT: Town Clerk A Special Town Board Meeting Will be Held, Monday, October 27, 2008 at 9:00 AM RESOLVED a Special Town Board Meeting that of the Southold Town Board be held, Monday, October 27, 2008 at 9:00 AM at the Southold Town Hall, Southold, New York. ? Vote Record - Resolution RES-2008-949 ? 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 2008-950 CATEGORY: Enact Local Law DEPARTMENT: Town Attorney Enact Merger Law WHEREAS, there was presented to the Town Board of the Town of Southold, Suffolk County, th “A Local Law in relation to New York, on the 12 day of August, 2008 a Local Law entitled Amendments to the Waiver Provisions of the Merger Law” now, therefore, be it Southold Town Meeting Agenda - October 21, 2008 Page 6 RESOLVED that the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the th day of September, 2008 at 7:35 p.m. 9 at which time all interested persons were given an opportunity to be heard. “A Local Law in relation to Amendments to the Waiver The proposed Local Law entitled, Provisions of the Merger Law” reads as follows: LOCAL LAW NO. 2008 “A Local Law in relation to Amendments to the Waiver Provisions of A Local Law entitled, the Merger Law” . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - The purpose of this amendment is to provide an additional path by which owners of lots deemed “merged” may apply to waive those mergers under certain circumstances. II. Chapter 280 of the Town Code of the Town of Southold is hereby amended as follows: § 280-11. Waiver of merger. A. If a lot has merged pursuant to the provisions of Section 280-10, the Zoning Board of Appeals may waive the merger and recognize original lot lines upon public hearing and finding that: (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 comparable in size to a majority of the improved lots in the neighborhood; (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 not create an adverse impact on the physical or environmental conditions in the neighborhood or district. Southold Town Meeting Agenda - October 21, 2008 Page 7 The waiver would recognize a lot that is consistent with the size of lots in that neighborhood. (3) The waiver will avoid economic hardship. (4) The natural details and character of the and the character of the contours and slopes of the lot will not be significantly changed or altered in any manner, and there will not be a substantial filling of land affecting nearby environmental or flood areas. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ? Vote Record - Resolution RES-2008-950 ? 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 2008-951 CATEGORY: Authorize to Bid DEPARTMENT: Town Clerk 2009 Yearly Town Bids RESOLVEDhereby authorizes and directs the that the Town Board of the Town of Southold Town Clerk to advertise for bids for the following items for 2009: Milk for the Human Resource Center Purchase of Police Department Uniform Clothing Cleaning of Police Department Uniform Clothing Gasoline for Town Vehicles Heating Fuel Oil for Town Buildings Diesel Fuel Oil for Highway Department and Transfer Station Bulk Ice Control Sand for the Highway Department Removal of Scrap Tires from the Transfer Station Southold Town Meeting Agenda - October 21, 2008 Page 8 Town Brown Leaf Bags Town Yellow Garbage Bags Motor Oil and Grease Removal of Electronic Waste (E-Waste) ? Vote Record - Resolution RES-2008-951 ? 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 2008-952 CATEGORY: Budget Modification DEPARTMENT: Police Dept Budget Modification - Police Fiscal Impact: Transfer of funds to pay mediator hired to counsel employees RESOLVEDmodifies the 2008 Whole that the Town Board of the Town of Southold hereby Town budget as follows: From: A.3120.4.600.200 Police Officer Training $1,750.00 A.3120.4.600.250 FI Training 1,500.00 To: A.1010.4.500.200 Labor Relations $3,250.00 ? Vote Record - Resolution RES-2008-952 ? 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 2008-953 CATEGORY: Attend Seminar DEPARTMENT: Planning Board Grant Permission to Certain Members of the Planning Board and Planning Department to Attend Suffolk Southold Town Meeting Agenda - October 21, 2008 Page 9 County Planning Federation’s 2008 Autumn Planning Conference in Holtsville, NY, on October 23, 2008 RESOLVEDgrants permission to that the Town Board of the Town of Southold hereby Planning Board Members Martin Sidor, Ken Edwards and Joseph Townsend, Principal Planner Mark Terry, Planners Scott Hilary and Tamara Sadoo, Senior Planner Kristy Winser, Planning Director Heather Lanza, Zoning Board of Appeal members Leslie Weisman and Ruth Oliva to attend Suffolk County Planning Federation’s 2008 Autumn Planning Conference in Holtsville, NY, on October 23, 2008 ; only expenses will be for travel which will be in town vehiclesor mileage will be a legal charge against the 2008 Planning Department budget (meetings and seminars). ? Vote Record - Resolution RES-2008-953 ? 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 2008-954 CATEGORY: Attend Seminar DEPARTMENT: Building Department Seminar- Building Dept RESOLVED grants permission to that the Town Board of the Town of Southold hereby Building Permits Examiner Patricia Conklin, Building Inspector George Gillen and Building Permits Examiner Damon Rallis to attend a seminar on Zoning and Planning in Holtsville, New York, on October 23, 2008. All expenses for registration, travel and lodging (if necessary) to be a legal charge to the 2008 Building Department budget (meetings and seminars). Southold Town Meeting Agenda - October 21, 2008 Page 10 ? Vote Record - Resolution RES-2008-954 ? 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 2008-955 CATEGORY: Budget Modification DEPARTMENT: Town Clerk Budget Modification for Records Management Grant - NYS Archives Fiscal Impact: This budget modification is necessary to appropriate the funds from the NYS Archives Records Management Grant into the proper budget line in order to expend the funds. RESOLVEDmodifies the 2008 General that the Town Board of the Town of Southold hereby Fund budget as follows: To: Appropriations: A.1460.4.400.400Records Management Consulting Services $16,920.00 Revenues: A.3089.00Records Archive Grant $16,920.00 ? Vote Record - Resolution RES-2008-955 ? 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 2008-956 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to Oysterponds School to Use Certain Roads for Its Halloween Parade in Orient on Friday, October 31, 2008 Beginning at 2:00 PM Southold Town Meeting Agenda - October 21, 2008 Page 11 RESOLVEDgrants permission to that the Town Board of the Town of Southold hereby Oysterponds School to use the following route for its Halloween Parade in Orient on Friday, October 31, 2008 beginning at 2:00 PM : Oysterponds School to Village Lane to Orchard Street to Tabor Road ending back at the school, 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 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-2008-956 ? 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 2008-957 CATEGORY: Authorize to Bid DEPARTMENT: Town Clerk Advertise for Bids FI Drydocking Race Point grants permission to the RESOLVED that the Town Board of the Town of Southold hereby Fishers Island Board Commissioners to advertise for bids for the dry docking of the vessel Race Point. The dry docking and associated work should be accomplished during the month of January, 2009 and must be completed by February 18, 2009. Bids will be opened at the monthly meeting on November 19, 2008. ? Vote Record - Resolution RES-2008-957 ? 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 - October 21, 2008 Page 12 2008-958 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District SWMD Budget Modification RESOLVEDmodifies the 2008 that the Town Board of the Town of Southold hereby Solid Waste Management District budget as follows: From: SR 1490.1.100.100 Administration-Regular Earnings $160.55 To: SR 1490.1.100.200 Administration-Overtime Earnings $160.55 ? Vote Record - Resolution RES-2008-958 ? 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 2008-959 CATEGORY: Refund DEPARTMENT: Solid Waste Management District SWMD Payment Refunds RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby refunds be made in the amount of $19.70 to the North Fork Animal League and $19.20 to Schiller Plumbing & Heating in the amount of $19.20 for overpayment on their respective tip fee accounts with the Solid Waste District. Southold Town Meeting Agenda - October 21, 2008 Page 13 ? Vote Record - Resolution RES-2008-959 ? 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 2008-960 CATEGORY: Authorize to Bid DEPARTMENT: Solid Waste Management District SWMD Bid on Bag System Shelter 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 building to house the new compost bagging system to be supplied to the Solid Waste District, all in accordance with specifications provided by the Solid Waste Coordinator. ? Vote Record - Resolution RES-2008-960 ? 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 2008-961 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Promote FIFD Deckhand to Ferry Captain WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their October 15, 2008 meeting to promote Jesse Marshall from Deckhand to Ferry Captain retroactive to September 17, 2007, and WHEREAS the Town Board of the Town of Southold is required to approve promotions of employees of the Fishers Island Ferry District, now therefore be it Southold Town Meeting Agenda - October 21, 2008 Page 14 RESOLVEDpromotes Jesse Marshall that the Town Board of the Town of Southold hereby from the position of Deckhand to Ferry Captain, effective September 17, 2007. ? Vote Record - Resolution RES-2008-961 ? 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 2008-962 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Terminate Employment of FIFD Deckhand WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their October 15, 2008 meeting to terminate the employment of Deckhand James G. Traub effective October 15, 2008, and WHEREAS the Town Board of the Town of Southold is required to approve the termination of employment for employees of the Fishers Island Ferry District, now therefore be it RESOLVEDterminates the employment that the Town Board of the Town of Southold hereby of Deckhand James G. Traub, employed by the Fishers Island Ferry District, effective October 15, 2008. ? Vote Record - Resolution RES-2008-962 ? 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 2008-963 Southold Town Meeting Agenda - October 21, 2008 Page 15 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Promote FIFD Part-Time Deckhand WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their October 15, 2008 meeting to promote Raymond G. Lefevre from the part time position of Deckhand to the full time position of reservationist/ticket agent (Note: Civil Service title is Purser (Fishers Island Ferry District)) effective November 1, 2008, at a salary of $14.00, further resolving to increase said salary after completion of a successful trial period of 3 months to $15.00 effective February 1, 2009, and WHEREAS the Town Board of the Town of Southold is required to approve promotions of employees of the Fishers Island Ferry District, now therefore be it RESOLVEDpromotes Raymond G. that the Town Board of the Town of Southold hereby Lefevre from the part time position of Deckhand to the full time position of Purser (Fishers Island Ferry District) effective November 1, 2008, at a salary of $14.00 , and be it further RESOLVEDincreases the salary of that the Town Board of the Town of Southold hereby Raymond G. Lefevre, Purser (Fishers Island Ferry District), to $15.00 per hour effective February 1, 2009. ? Vote Record - Resolution RES-2008-963 ? 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 2008-964 CATEGORY: Seqra DEPARTMENT: Town Attorney SEQR Bittner Property Southold Town Meeting Agenda - October 21, 2008 Page 16 WHEREAS , the Town Board of the Town of Southold (the “Board”) caused to be prepared its “significant Local Waterfront Revitalization Program in 2004, which noted the subject site as a opportunity to provide additional or enhanced public access and recreational opportunity…”, and WHEREAS , the subject site is within the Long Island North Shore Heritage Area, an area “…preserve, protect and showcase the extensive cultural, natural and recreational designated to resources that make our area unique ”, and WHEREAS , the Board intends to implement the recommendations of these two plans, and the project will help to advance the goals of the Town, and WHEREAS , the Board obtained ownership of the subject parcel for the express purpose of implementing the above recommendations, and WHEREAS , the Board, with the assistance of the Town Department of Public Works, has designed a plan to develop the subject site as a passive public open space, after the existing structures and bulkhead are removed, and WHEREAS , the project will help to reestablish a natural pattern of beach deposition on-site, updrift and down drift of the site, and WHEREAS , the Board has the authority to effect the proposed Bittner Preserve Open Space Project, subject to required permits at the Town and other levels of government, and WHEREAS , the Board caused to be prepared Environmental Assessment Forms (EAF) Parts 1 and 2, which describe this proposed plan and analyze its potential environmental impacts, and WHEREAS , since the Board assumed lead agency status under the New York State Environmental Quality Review Act (SEQRA) pursuant to Title 6 of the New York Code of Rules Southold Town Meeting Agenda - October 21, 2008 Page 17 and Regulations (6 NYCRR) Part 617.6(b)(1), and WHEREAS , the Board of the Town of Southold found that the Bittner Preserve Town Open Space Project is an Unlisted action pursuant to 6 NYCRR Part 617.6(b)(1)(i), and WHEREAS , after review of the EAF Part 1 and 2, the Board found that it did not appear that the proposed action would cause significant adverse impacts since it advances the goals of the Town, does not involve adverse impacts to natural resources, and will restore the property to more natural conditions, and WHEREAS, the Board found it prudent to take a further “hard look” at the proposed action and thereby prepared an Expanded EAF, which included a more detailed description of the proposed action and additional analyses of its potential impacts (both adverse and beneficial), and WHEREAS, the Board has completed its review of the Expanded EAF, and has determined that the proposed action would not result in any significant adverse impacts to the environment, NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Southold hereby concludes that, based upon its review of the above-noted documents, the proposed action will not result in potentially significant adverse environmental impacts; and be it FURTHER RESOLVED,adopts a NEGATIVE that the Town Board hereby DECLARATION pursuant to SEQRA andChapter 44of the Town Code , and be it FURTHER RESOLVED , that the Board authorizes the Town Clerk of the Town of Southold to file this resolution and the Expanded EAF with the following entities: Town of Southold, Supervisor’s Office Town of Southold, Town Clerk Town of Southold, Planning Board Town of Southold, Town Trustees Suffolk County Dept. of Public Works Suffolk County Department of Parks, Recreation & Conservation Southold Town Meeting Agenda - October 21, 2008 Page 18 NYS Dept. of Environmental Conservation, Commissioner, Albany NYS Dept. of Environmental Conservation, Regional Office, Stony Brook Environmental Notices Bulletin NYS Dept. of State US Army Corps of Engineers Parties of Interest Officially on Record with the Town Clerk (if applicable) ? Vote Record - Resolution RES-2008-964 ? 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 2008-965 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Accounting Engage Albrecht, Viggiano Zureck & Co. RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott Russell to execute an engagement letter with Albrecht, Viggiano, Zureck and Company, P.C. in connection with the Single Audit of the Town of Southold and for the audit of the Southold Town Justice Court as required by the New York State Office of Court Administration, both audits for the year ended December 31, 2008 and in an total amount not to exceed $70,000 which shall be a legal charge to the General Fund Whole Town Independent Auditing and Accounting Budget (A.1320.4.500.300), all in accordance with the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-965 ? 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 2008-966 CATEGORY: Tax Lien DEPARTMENT: Town Attorney Southold Town Meeting Agenda - October 21, 2008 Page 19 Determines that the Costs and Expenses Incurred by the Highway Department and the Department of Solid Waste, in Effectuating the Removal and Cleanup of the Unsafe Building Located at 495 Linnett Street, Greenport, in the Amount of $34,742.44, Which Remains Unpaid, Shall be Levied Against the Real Property of the Estate of Charles and Mary Carter, SCTM #1000-48-2-39, and Shall be Collected at the Same Time and in the Same Manner as Town Taxes RESOLVED that the Town Board of the Town of Southold, in accordance with Unsafe Building Section 100-9 of the Southold Town Code, and Resolution No. 2007-738 authorizing the determines that the costs and expenses incurred by the Highway demolition, hereby Department and the Department of Solid Waste, in effectuating the removal and cleanup of the Unsafe Building located at 495 Linnett Street, Greenport, in the amount of $34,742.44, which remains unpaid, shall be levied against the real property of the Estate of Charles and Mary Carter, SCTM #1000-48-2-39, and shall be collected at the same time and in the same manner as Town taxes . ? Vote Record - Resolution RES-2008-966 ? 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 2008-967 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Amend Resolution No. 2008-839 RESOLVEDamends Resolution No. that the Town Board of the Town of Southold hereby 2008-839 to read as follows: 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 November 1, 2008 through August 31, 2009, October 31, 2009, said Southold Town Meeting Agenda - October 21, 2008 Page 20 Agreement subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-967 ? 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 2008-968 CATEGORY: Seqra DEPARTMENT: Town Attorney SEQRA Goldsmith Jetty WHEREAS , the Town Board of the Town of Southold (the “Board”) is aware of, has participated in the preparation of, or has prepared a number of studies, analyses, etc. over the past approximately 20 years, and WHEREAS, the Board caused to be prepared an analysis of these studies to determine the most efficient action to be taken, entitled “An Assessment of Jetty Shortening Alternatives Goldsmith Inlet, Bay, and Adjacent Shorelines,” and WHEREAS , the Assessment delineated a number of recommendations that would provide needed mechanisms to achieve the following goals: 1 Maintenance of the inlet by preventing sediment to accrete within the mouth of the inlet 2 Overall improvement of longshore sediment transport. WHEREAS , the Board intends to implement the recommendations of the studies and analyzed in the Assessment, to advance the goals of the Town, and WHEREAS , the Board participated with a team of professionals to assist with the implementation of the proposed shortening of the jetty, and Southold Town Meeting Agenda - October 21, 2008 Page 21 WHEREAS , the Board finds that by virtue of the fact that it is intended to implement one of the recommendations that was contained in the Assessment, it is consistent with the overall goals for the shoreline, and WHEREAS , the action is an Unlisted action pursuant to the New York State Environmental Quality Review Act (SEQRA) and Title 6 of the New York State Code of Rules and Regulations (6 NYCRR) Part 617, and WHEREAS , the Board has the authority to effect changes to the jetty which is Town owned, subject to required permits at the Town, State and Federal levels of government, and WHEREAS , since the Board holds this authority, the Town Board declares its intent to assume lead agency status under SEQRA, and WHEREAS , based on the above facts and the Part I Environmental Assessment Form (EAF) prepared for the Board’s consideration in determining significance, the Board finds it prudent to take a “hard look” at the proposed action and hereby declares its intent to require the preparation of a DEIS, and NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Southold finds that the shortening of the jetty at Goldsmith’s Inlet is an Unlisted action pursuant to 6 NYCRR Part 617, and BE IT FURTHER RESOLVED , that, as the Town Board hereby assumes lead agency status in review of the action and for the purpose of compliance with 6 NYCRR, Part 617, upon completion of the coordination period, and BE IT FURTHER RESOLVED , that the Board hereby issues a positive declaration thus requiring a DEIS, and Southold Town Meeting Agenda - October 21, 2008 Page 22 BE IT FURTHER RESOLVED , that the Board hereby sets a meeting for Public Scoping to be December 2, 20087:35 p.m. held on , at the Town Hall meeting room at in conformance with 6NYCRR Part 617.8, to allow the public and agencies to provide input into the issues and information to be presented in the DEIS, and BE IT FURTHER RESOLVED , that the Board authorizes the Town Clerk of the Town of Southold to file this Resolution and the Positive Declaration with the following parties: Town of Southold, Supervisor’s Office Town of Southold, Town Clerk Town of Southold, Planning Board Town of Southold, Town Trustees Suffolk County Dept. of Public Works NYS Dept. of Environmental Conservation, Commissioner, Albany NYS Dept. of Environmental Conservation, Regional Office, Stony Brook NYS Dept. of State US Army Corps of Engineers Parties of Interest Officially on Record with the Town Clerk (if applicable) ? Vote Record - Resolution RES-2008-968 ? 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 2008-969 CATEGORY: Attend Seminar DEPARTMENT: Town Clerk FIFD T. Doherty PVA Meeting RESOLVEDgrants permission to Fishers that the Town Board of the Town of Southold hereby Island Ferry District Manager Thomas Doherty, to attend the annual Passenger Vessel Association meeting to be held in San Francisco from January 8-12, 2009 with all expenses for registration, travel and lodging to be a legal charge against the 2009 Fishers Island Ferry District budget. Southold Town Meeting Agenda - October 21, 2008 Page 23 ? Vote Record - Resolution RES-2008-969 ? 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 2008-970 CATEGORY: Attend Seminar DEPARTMENT: Town Clerk FIFD Captains Attend Meeting RESOLVEDgrants permission to that the Town Board of the Town of Southold hereby Fishers Island Ferry District Captains Mark Easter and Steven Burke to attend the regional meeting of the Passenger Vessel Association to be held in Portsmouth, NH November 9-12, 2008 with all expenses for registration, travel and lodging to be a legal charge against the 2008 Fishers Island Ferry District budget. ? Vote Record - Resolution RES-2008-970 ? 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 2008-971 CATEGORY: Litigation DEPARTMENT: Town Attorney Retains Frank A. Isler, Esq. as Special Counsel in the Supreme Court, Suffolk County Civil Action Entitled “Daniel G. DeMato, Et Al. V. Barry Mallin and Gail Kreigel Mallin and the Town of Southold”, Under Index No. 02-25843, and in a Supreme Court, Suffolk County Civil Action Entitled “Paul Sharkey II and Gary Lockel V. Town of Southold Justice Court, Et Al.”, Under Index No. 08-09306. RESOLVEDFrank A. Isler, Esq. that the Town Board of the Town of Southold hereby retains as Special Counsel in the Supreme Court, Suffolk County civil action entitled “Daniel G. DeMato, et al. v. Barry Mallin and Gail Kreigel Mallin and the Town of Southold”, under Southold Town Meeting Agenda - October 21, 2008 Page 24 Index No. 02-25843, and in a Supreme Court, Suffolk County civil action entitled “Paul Sharkey II and Gary Lockel v. Town of Southold Justice Court, et al.”, under Index No. 08-09306 . ? Vote Record - Resolution RES-2008-971 ? 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 2008-972 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Reappoint Cara Wells to the Board of Assessment Review RESOLVEDreappoints Cara Wells to that the Town Board of the Town of Southold hereby the Board of Assessment Review effective immediately through September 30, 2013. ? Vote Record - Resolution RES-2008-972 ? 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 2008-973 CATEGORY: Property Acquisition Purchase DEPARTMENT: Town Attorney Authorizes Supervisor Scott A. Russell to Retain the Services of Andrew Stype to Perform a Letter Appraisal of the Town’s Recreation Center, at a Cost Not to Exceed $400.00 RESOLVEDauthorizes Supervisor that the Town Board of the Town of Southold hereby Scott A. Russell to retain the services of Andrew Stype to perform a letter appraisal of the Town’s Recreation Center, at a cost not to exceed $400.00 , subject to the approval of the Town Attorney. Southold Town Meeting Agenda - October 21, 2008 Page 25 ? Vote Record - Resolution RES-2008-973 ? 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 2008-974 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney LL Dock Moratorium PH 11/18/08 4:35 Pm WHEREAS , there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 21st day of October 2008 a Local Law entitled “A Local Law in Relation to a Ninety day extension of the Moratorium on the Processing, Review of, and Making Decisions on Dock Applications (new or pending) made to the Board of Trustees pursuant to Chapter 275 ‘Wetlands and Shoreline’ of the Code of the Town of Southold” now, therefore, be it RESOLVEDhold a public hearing on the that the Town Board of the Town of Southold will aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 18th day of November 2008 at 4:35 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed local law entitled, “A Local Law in Relation to a Ninety day extension of the Moratorium on the Processing, Review of, and Making Decisions on Dock Applications (new or pending) made to the Board of Trustees pursuant to Chapter 275 ‘Wetlands and Shoreline’ of the Code of the Town of Southold” reads as follows: LOCAL LAW NO. ___ of 2008 “A Local Law in Relation to a Ninety day extension of the Moratorium on the Processing, Review of, and Making Decisions on Dock Applications (new or pending) made to the Board of Trustees pursuant to Chapter 275 ‘Wetlands and Shoreline’ of the Code of the Southold Town Meeting Agenda - October 21, 2008 Page 26 Town of Southold”. Be it enacted by the Town Board of the Town of Southold as follows: Section 1: Legislative Intent The Town Board finds that the construction of docks in the Peconic Bay, Long Island Sound, Block Island Sound and Fishers Island Sound impairs the Town’s unique environment and ecology. The construction of docks in these waters results in environmental and physical degradation including, but not limited to, impacts to vegetation, water quality, marine life and benthic communities. Docks have the effect of impeding the public access and use of waters and shorelines, affecting navigation of vessels and creating negative aesthetic impacts. On May 20, 2008, the Town Board enacted a one hundred and eighty (180) day moratorium on the approval process for new docks in these waters, in order to comprehensively review the current code provisions and recent scientific studies. A survey of all town waters, review of available scientific materials and evaluation of the Town code has taken place. The Town staff assigned to this project has worked diligently and is prepared to review findings and recommendations with the Town Board. The Town Board is currently involved in detailed budget review, and will turn full attention this matter after the state imposed deadline for budget adoption of November 20, 2008. The Town Board expects to prepare legislation to address when, and under what circumstances, docks may be permitted in the Peconic Bay, Long Island Sound, Block Island Sound and Fishers Island Sound. It is expected that this legislation will be prepared by the end of the year, and scheduled for public hearing and eventual adoption. Section 2: Enactment of a Temporary Moratorium Chapter 275 §275-17 Temporary Moratorium A. For a period of ninety days following the expiration of the current moratorium (90 days from November 20, 2008), after which date this Local Law shall lapse and be without further force and effect: 1) The Board of Trustees of the Town of Southold shall not accept for review, continue review, hold a hearing or make any decision upon any application (new or pending) made pursuant to Chapter 275 of the Town Code of the Town of Southold for any new dock (as defined in Chapter 275) proposed to be located in the Peconic Bay, Long Island Sound, Block Island Sound and Fishers Island Sound (excluding Silver Eel Cove, Hay Harbor, West Harbor, Chocomount Cove and East Harbor); 2) The Board of Trustees of the Town of Southold shall not accept for review, continue review, hold a hearing or make any decision upon any application (new or pending) made pursuant to Chapter 275 of the Town Southold Town Meeting Agenda - October 21, 2008 Page 27 Code of the Town of Southold for any extension or addition to any existing dock (as defined in Chapter 275) located in the Peconic Bay, Long Island Sound, Block Island Sound and Fishers Island Sound (excluding Silver Eel Cove, Hay Harbor, West Harbor, Chocomount Cove and East Harbor). B. APPLICATION 1) This Local Law shall apply to ALL (new or pending) applications for a Chapter 275 permit from the Board of Trustees of the Town of Southold for any new or existing dock (as that term is defined in Chapter 275). C. EXCLUSIONS This Local Law shall not apply to: 1) the ordinary and usual maintenance or repair, in-place, of a presently existing dock that has been issued a permit by the Board of Trustees. D. CONFLICT WITH OTHERS LAWS AND AUTHORITY TO SUPERCEDE To the extent that any provisions of this Local Law are in conflict with or are construed as inconsistent with the provisions of Chapter 275 of the Southold Town Code this Local Law supercedes, amends and takes precedence over such provisions pursuant to the Town’s municipal home rule powers, pursuant to Municipal Home Rule Law section 10(1)(ii)(d)(3); section 10(1)(ii)(a)(14) and section 22 to supercede any inconsistent authority. In particular, this local law supercedes Southold Town Code Chapter 275 sections 275-5 and sections 275-7 through 11, to the extent that these sections require the Board of Trustees to act upon, hold hearings on, and make decisions concerning applications. E. APPEALS PROCEDURE The Town Board shall have the authority to vary or waive the application of any provision of this Local Law, in its legislative discretion, upon its determination that such variance or waiver is required to alleviate an extraordinary hardship. To grant such a request the applicant must file with the Town Board and the Board of Trustees supporting documentation. Any request for a variance or waiver shall be filed with the Town Clerk and the Board of Trustees (for recommendation) and shall include a fee of $50.00 dollars for the processing of the application. The application and Board of Trustee recommendation shall be transmitted to the Town Board which may conduct a public hearing and make a final decision on the application, with or without conditions. Final approval is reserved to the absolute legislative discretion of the Town Board. Section 3: SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any Southold Town Meeting Agenda - October 21, 2008 Page 28 court of competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Section 4: EFFECTIVE DATE This Local Law shall take effect on November 20, 2008, and remain in effect for 90 days. ? Vote Record - Resolution RES-2008-974 ? 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 2008-975 CATEGORY: Seqra DEPARTMENT: Town Attorney SEQRA for LL/Design Standards RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed local “A Local Law in Relation to Design Standards and Regulations for Residential law entitled Site Plans in 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 recommendations of Mark Terry dated October 20, 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-2008-975 ? 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 - October 21, 2008 Page 29 2008-976 CATEGORY: Seqra DEPARTMENT: Town Attorney SEQRA for LL/Zoning Amendments Limit Size RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed local “A Local Law in Relation to Zoning Amendments to limit the size of dwelling law entitled units in Residential Site Plans in the Hamlet Business and Hamlet Density Districts in 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 recommendations of Mark Terry dated October 20, 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-2008-976 ? 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 2008-977 CATEGORY: Seqra DEPARTMENT: Town Attorney SEQRA for LL/Open Space in Subdivisions RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed local “A Local Law in Relation to Open Space in subdivisions in the Hamlet Business law entitled Southold Town Meeting Agenda - October 21, 2008 Page 30 and Hamlet Density Zoning 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 October 20, 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-2008-977 ? 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 2008-978 CATEGORY: Seqra DEPARTMENT: Land Preservation Heaney SEQRA WHEREAS , the Town Board of the Town of Southold wishes to accept the donation of vacant land properties owned by Marion Heaney, the owner of record, for open space preservation purposes in accordance with Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code of the Town of Southold. The two parcels, identified as SCTM #1000-34-1-7 (8.0± acres) and SCTM #1000-41-1-1 (0.62± acre), are located at 69200 County Road 48, approximately 294 feet east of the intersection of Madison Street and County Road 48, and 555 Madison Street, approximately 403 feet south of the intersection of Madison Street and County Road 48, respectively, in Greenport, New York, in the R-40 zoning district. Both parcels are listed on the Town’s Community Preservation Project Plan List of Eligible Parcels as properties that should be preserved for open space, scenic and wetlands protection. Proposed uses of the property are open space, scenic protection, wetland protection and drainage, Southold Town Meeting Agenda - October 21, 2008 Page 31 all to be in accordance with the environmentally sensitive nature of the property and a Town Board approved Management Plan for the properties; now, be it therefore 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,; and, be it further RESOLVED by the Town Board of the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and, be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental from prepared for this project is accepted and attached hereto; and, 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-2008-978 ? 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 2008-979 CATEGORY: Seqra DEPARTMENT: Land Preservation Dickerson Estate SEQRA WHEREAS , the Town Board of the Town of Southold wishes to accept the donation of vacant Southold Town Meeting Agenda - October 21, 2008 Page 32 land property owned by the Estate of Ernest F. Dickerson for open space preservation purposes in accordance with Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code of the Town of Southold. The parcel consists of approximately 0.12± acre and is identified as SCTM #1000-115-12-1. The parcel is located approximately 205 feet west from the intersection of Deep Hole Drive and New Suffolk Avenue in Mattituck in the R-40 zoning district. The address is 5840 New Suffolk Avenue, Mattituck, New York. The parcel is listed on the Town’s Community Preservation Project Plan List of Eligible Parcels as property that should be preserved for open space and wetlands protection. Potential uses of the property are open space, wetland preservation, drainage, and potential access to Deep Hole Creek, all to be in accordance with the environmentally sensitive nature of the property and a Town Board approved Management Plan for the property; now, be it therefore 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,; and, be it further RESOLVED by the Town Board of the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and, be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental from prepared for this project is accepted and attached hereto; and, 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. Southold Town Meeting Agenda - October 21, 2008 Page 33 ? Vote Record - Resolution RES-2008-979 ? 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 2008-980 CATEGORY: Property Acquisition Purchase DEPARTMENT: Land Preservation Heaney Property Donation Acceptance WHEREAS¸ the Town Board of the Town of Southold held a public hearing on the question of acquisition by gift of fee title to vacant lands owned by Marion Heaney, owner of record, on this st 21 day of October, 2008, pursuant to the provision of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code of the Town of Southold; and WHEREAS, the two parcels, identified as SCTM #1000-34-1-7 (8.0± acres) and SCTM #1000- 41-1-1 (0.62± acre), are located at 69200 County Road 48, approximately 294 feet east of the intersection of Madison Street and County Road 48, and 555 Madison Street, approximately 403 feet south of the intersection of Madison Street and County Road 48, respectively, in Greenport, New York, in the R-40 zoning district. Both parcels are listed on the Town’s Community Preservation Project Plan List of Eligible Parcels as properties that should be preserved for open space, scenic and wetlands protection. Proposed uses of the property are open space, scenic protection, wetland protection and drainage, all to be in accordance with the environmentally sensitive nature of the property and a Town Board approved Management Plan for the properties; and WHEREAS, the purchase price of this open space donation will be acquisition costs associated with the transfer of fee title using Community Preservation Funds; and WHEREAS, the acquisition of these properties is in conformance with the provisions of Chapter Southold Town Meeting Agenda - October 21, 2008 Page 34 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation); 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 this donation and recommends that the Town Board accept the donation of these properties; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold accepts the donation of the subject properties for the purpose of open space, scenic protection and wetlands protection and drainage, all to be in accordance with the environmentally sensitive nature of the property and a Town Board approved Management Plan for the properties; now, therefore, be it RESOLVED that pursuant to the provision of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code, the Town Board of the Town of accepts the donation of properties owned by Marion Heaney subject to Southold hereby clear and marketable title and an acceptable environmental site assessment and survey, if deemed necessary, of the subject properties. The two parcels, identified as SCTM #1000-34- 1-7 (8.0± acres) and SCTM #1000-41-1-1 (0.62± acre), are located at 69200 County Road 48, approximately 294 feet east of the intersection of Madison Street and County Road 48, and 555 Madison Street, approximately 403 feet south of the intersection of Madison Street and County Road 48, respectively, in Greenport, New York, in the R-40 zoning district. Both parcels are listed on the Town’s Community Preservation Project Plan List of Eligible Parcels as properties that should be preserved for open space, scenic and wetlands protection. Proposed uses of the property are open space, scenic protection, wetland protection and drainage, all to be in accordance with the environmentally sensitive nature of the property and a Town Board approved Management Plan for the properties. The purchase price of this open space donation Southold Town Meeting Agenda - October 21, 2008 Page 35 will be acquisition costs associated with the transfer of fee title using Community Preservation Funds. The acquisition of these properties is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation). 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, and the Town Board has hereby determined, that this action is consistent with the LWRP. ? Vote Record - Resolution RES-2008-980 ? 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 2008-981 CATEGORY: Property Acquisition Purchase DEPARTMENT: Land Preservation Dickerson Estate Property Donation Acceptance WHEREAS¸ the Town Board of the Town of Southold held a public hearing on the question of st acquisition by gift of fee title to vacant land from the Estate of Ernest F. Dickerson on this 21 day of October, 2008, pursuant to the provision of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code of the Town of Southold; and WHEREAS, the parcel consists of approximately 0.12± acre and is identified as SCTM #1000- 115-12-1. The parcel is located approximately 205 feet west from the intersection of Deep Hole Drive and New Suffolk Avenue in Mattituck in the R-40 zoning district. The address is 5840 New Suffolk Avenue, Mattituck, New York. The parcel is listed on the Town’s Community Preservation Project Plan List of Eligible Parcels as property that should be preserved for open space and wetlands protection. Potential uses of the property are open space, wetland preservation, drainage, and potential access to Deep Hole Creek, all to be in accordance with the environmentally sensitive nature of the property and a Town Board approved Management Plan Southold Town Meeting Agenda - October 21, 2008 Page 36 for the property. WHEREAS, the purchase price of this open space donation will be acquisition costs associated with the transfer of fee title using Community Preservation Funds; and WHEREAS, the acquisition of this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation); 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 this donation and recommends that the Town Board accept the donation of this property; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold accepts the donation of the subject property for the purpose of open space and wetlands protection, drainage, and potential access to Deep Hole Creek, all to be in accordance with the environmentally sensitive nature of the property and a Town Board approved Management Plan for the property; now, therefore, be it RESOLVED that pursuant to the provision of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code, the Town Board of the Town of accepts the donation of property from the Estate of Ernest F. Dickerson Southold hereby subject to clear and marketable title and an acceptable environmental site assessment and survey, if deemed necessary, of the subject property. The parcel consists of approximately 0.12± acre and is identified as SCTM #1000-115-12-1. The parcel is located approximately 205 feet west from the intersection of Deep Hole Drive and New Suffolk Avenue in Mattituck in the R-40 zoning district. The address is 5840 New Suffolk Avenue, Mattituck, New York. The Southold Town Meeting Agenda - October 21, 2008 Page 37 parcel is listed on the Town’s Community Preservation Project Plan List of Eligible Parcels as property that should be preserved for open space and wetlands protection. Potential uses of the property are open space, wetland preservation, drainage, and potential access to Deep Hole Creek, all to be in accordance with the environmentally sensitive nature of the property and a Town Board approved Management Plan for the property. The purchase price of this open space donation will be acquisition costs associated with the transfer of fee title using Community Preservation Funds. The acquisition of this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation). 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, and the Town Board has hereby determined, that this action is consistent with the LWRP. ? Vote Record - Resolution RES-2008-981 ? 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 2008-982 CATEGORY: Public Service DEPARTMENT: Town Clerk Designate the Goldsmith-Tuthill House Located at SCTM 1000-117-8-8, 16995 Main Street, New Suffolk, New York, as Historic and Add to the Town’s Register of Historic Landmarks RESOLVEDdesignates the Goldsmith- that the Town Board of the Town of Southold hereby Tuthill House located at SCTM 1000-117-8-8, 16995 Main Street, New Suffolk, New York, as historic and add to the town’s register of Historic Landmarks; all in accordance with Chapter 170 of the Southold Town Code, the recommendation for designation by the Southold Town Historic Preservation Commission, and acceptance of designation by Joan Robbins, the property owner. Southold Town Meeting Agenda - October 21, 2008 Page 38 ? Vote Record - Resolution RES-2008-982 ? 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 2008-983 CATEGORY: Attend Seminar DEPARTMENT: Town Attorney Grants Permission to Town Attorney, Patricia A. Finnegan, to Attend the Seminar Entitled “Law in the Workplace Conference, Labor & Employment Issues in a Tough Economy” at the Hyatt Regency at Wind Watch Hotel in Hauppauge, New York RESOLVEDgrants permission to Town that the Town Board of the Town of Southold hereby Attorney, Patricia A. Finnegan, to attend the seminar entitled “Law in the Workplace Conference, Labor & Employment Issues in a Tough Economy” at the Hyatt Regency at Wind Watch Hotel in Hauppauge, New York , on October 24, 2008. All expenses for registration and travel are to be a charge to the 2008 Town Attorney budget. ? Vote Record - Resolution RES-2008-983 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded VI. PUBLIC HEARINGS Motion To: Motion to recess to Public Hearing COMMENTS - Current Meeting: RESOLVEDbe and hereby is declared that this meeting of the Southold Town Board Recessed in order to hold a public hearing. 1. 4:35 PM, Tuesday, October 21, 2008, Southold Town Hall, for a Public Hearing to Hear Citizens Views on Local Housing and Community Development Needs to be Met with Approximately $130,000 in Community Development Block Grant Funds in 2009 Southold Town Meeting Agenda - October 21, 2008 Page 39 2. PH LL Design Standards Oct 23, 2008 4:40 Pm 3. PH LL Limit Size of Dwellings 10/21/08 4:45 Pm 4. PH LL Open Space Subdivision 10/21/08 4:50 Pm 5. Heaney Property Donation Set Public Hearing 6. Dickerson Property Donation Set Public Hearing 7. Set Tuesday, October 21, 2008 at 5:05 P.M., for a Public Hearing to Consider the Designation of the Goldsmith-Tuthill House on the Town’s Register of Historic Landmarks 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.