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HomeMy WebLinkAboutAG-12/16/2008 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 December 16, 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 December 16, 2008 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Present Absent Late Arrival ??? Councilman William Ruland ??? Councilman Vincent Orlando ??? Councilman Albert Krupski Jr. ??? Councilman Thomas H. Wickham ??? Justice Louisa P. Evans ??? Supervisor Scott Russell ??? Town Clerk Elizabeth A Neville ??? Assistant Town Attorney Kieran Corcoran I. REPORTS 1. Budget Report Month ended November 30, 2008 2. Board of Trustees November 2008 3. Department of Public Works November 2008 4. Judge Price Jr. Southold Town Meeting Agenda - December 16, 2008 Page 2 November2008 5. Recreation Dept. Monthly Report October 2008 6. Justice Court Monthly Report - Bruer November 2008 7. Town Clerk Monthly Report November 2008 8. Claim Lag Report - Island Group 11/1/07 to 10/31/08 II. PUBLIC NOTICES 1. Proposed Aquaculture Project Great Peconic Bay 2. Application by NYS DEC to Army Corps of Engineers Construct boat launch/floating dock system and replace structures in Mattituck Creek. Written comments accepted prior to January 5, 2009 3. Application to NYS Liquor Authority North Fork Wines & Vineyards LLC, 19110 Soundview Ave, Southold for a Farm Distillery License. 4. NYS DEC Notice of Complete Application Applicant: Shawn Tully, ROW off Kayleigh’s Ct., East Marion, to subdivide property 5. Renewal of Liquor License with NYS Liquor Authority North Steak LLC d/b/a O’Mally’s, 44780 Middle Rd & Rt 48, Southold III. COMMUNICATIONS IV. DISCUSSION 1. 9:00 Am - John Cushman Budget 2. 9:30 Am - Peter Harris Maintenance Mechanic/Tree Trimmer Southold Town Meeting Agenda - December 16, 2008 Page 3 3. 10:00 Am - Heather Lanza Code Committee Discussions - Wireless Facilities - update on consultants work and next steps - Residential Site Plan Design Requirements - Ferry use in the MII zone 4. Department of Natural Resources 5. 10:30 Am - Jim McMahon 2009 Community Development Program Budget 6. 10:45 Am - Jim McMahon, Jamie Richter Dredging Goldsmith Inlet 7. Set Date for Scoping Session - Goldsmith Inlet 8. 11:00 Am - Max Moran Rental Permit Legislation 9. Cell Tower Moratorium 10. Omnipoint Waiver 11. Follow-Up - Town Employees on Committees 12. 12:00 Noon - Melissa Spiro 2009 Contracts with Peconic Land Trust and the Nature Conservancy 13. 12:30 Pm - LUNCH 14. 1:30 PM - Executive Session - Melissa Spiro Potential property developments rights acquisition and possible discussion of value of property 15. Comp Time/Overtime - Per Supervisor Russell 16. Update on PEP Meeting - Per Councilman Krupski 17. Set Date/Time for Code Committee Re: Code Enforcement 18. Request for Refund for ZBA Fee 19. Appointments Southold Town Meeting Agenda - December 16, 2008 Page 4 Planning Board, ZBA, Board of Ethics, Land Preservation 20. Set Public Hearing for Coastal Erosion Appeal V. RESOLUTIONS 2008-1057 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit December 16, 2008 RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby December 16, 2008. ? Vote Record - Resolution RES-2008-1057 ? 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 2008-1058 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Set Organizational Meeting 2009 RESOLVED that the Organizational Meeting of the Town Board of the Southold Town Board be held, Tuesday, January 6, 2009 at the Southold Town Hall, Southold, New York at 11:00 AM. ? Vote Record - Resolution RES-2008-1058 ? 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 2008-1059 CATEGORY: Set Meeting Southold Town Meeting Agenda - December 16, 2008 Page 5 DEPARTMENT: Town Clerk Set Next Meeting of Town Board RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, January 6, 2009 at the Southold Town Hall, Southold, New York at 4:30 P. M.. ? Vote Record - Resolution RES-2008-1059 ? 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 2008-1050 Tabled 12/2/2008 7:30 PM CATEGORY: Attend Seminar DEPARTMENT: Planning Board Grant Permission to Mark Terry, Planner, to Attend Peconic Estuary Program Strategic Planning on Shelter Island, New York on December 8 and 9, 2008 RESOLVED grants permission to Mark that the Town Board of the Town of Southold hereby Terry, Planner, to attend Peconic Estuary Program Strategic Planning on Shelter Island, New York on December 8 and 9, 2008. All expenses for registration and travel to be a legal charge to the 2008 Planning Department budget (meetings and seminars). ? Vote Record - Resolution RES-2008-1050 ? 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 2008-1060 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Fishers Island Full-Time Employees 2009 Rate Incr Southold Town Meeting Agenda - December 16, 2008 Page 6 WHEREAS, a the Board of Commissioners of theFishers Island Ferry District adopted resolution at their December 3, 2008increasingthe following full-time personnel wages by 3.5% effective January 8, 2009, and WHEREAS the Town Board of the Town of Southold is required to approve appointments and salary adjustments of employees of the Fishers Island Ferry District, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby increases the following full- time employees’ wages by 3.5% effective January 8, 2009: Barrett, Frederick Grote, Bryan Burke, Stephen Hoch, Richard Brown, Donald Lynch, Matthew Doherty, Thomas Marshall, Jesse Dumouchel, Robert Lefevre, Raymond Easter, Mark Morgan, John Espinosa, Nicholas O’Keefe, Conal Fiora, Michael Paradis, John Schmid, Nina ? Vote Record - Resolution RES-2008-1060 ? 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 2008-1061 CATEGORY: Budget Modification DEPARTMENT: Town Attorney Trustees Budget Modification Southold Town Meeting Agenda - December 16, 2008 Page 7 RESOLVEDmodifies the 2008 that the Town Board of the Town of Southold hereby Trustees budget as follows: From: A.8090.1.300.100 $119.25 Seasonal Employees – Regular Earnings To: A.8090.1.300.200 $119.25 Seasonal Employees – Overtime Earnings The purpose of this budget modification is due to various events within the Town of Southold wherein boat traffic was higher than usual, therefore, more boats needed service requiring more time to service the vessels. ? Vote Record - Resolution RES-2008-1061 ? 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 2008-1062 CATEGORY: Budget Modification DEPARTMENT: Police Dept Budget Modification - Police Fiscal Impact: To repair and maintain outboards RESOLVEDmodifies the 2008 Whole that the Town Board of the Town of Southold hereby Town budget as follows: From: A.3130.4.100.200 Gasoline & Oil $2,000.00 To: A.3130.4.400.650 Vehicle Maintenance & Repairs $2,000.00 Southold Town Meeting Agenda - December 16, 2008 Page 8 ? Vote Record - Resolution RES-2008-1062 ? 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 2008-1063 CATEGORY: Budget Modification DEPARTMENT: Public Works DPW Truck Repairs Fiscal Impact: Repairs to DPW Truck - PW-8 to pass NYS Inspection RESOLVEDmodifies the 2008 that the Town Board of the Town of Southold hereby Department of Public Works budget as follows: From: A.5650.2.100.100 Salt/Sander $3,500 A.1490.1.100.200 Overtime Earnings $1,500 To: A.1620.4.100.650 Vehicle Maintenance & Repairs $5,000 ? Vote Record - Resolution RES-2008-1063 ? 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 2008-1064 CATEGORY: Grants DEPARTMENT: Community Development 2009 Youth Service Grant RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to sign the Individual Program Application for the 2009 Southold Town Meeting Agenda - December 16, 2008 Page 9 Southold Youth Services Program, in the amount of $10,580.00 ? Vote Record - Resolution RES-2008-1064 ? 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 2008-1065 CATEGORY: Property Acquisition Purchase DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Conveyance Documents and All Other Necessary Documents in Connection with the Town’s Purchase of the Caraftis Property, SCTM #1000- 113-12-14 RESOLVED authorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the conveyance documents and all other necessary documents in connection with the Town’s purchase of the Caraftis property, SCTM #1000-113-12-14 . ? Vote Record - Resolution RES-2008-1065 ? 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 2008-1066 CATEGORY: Budget Modification DEPARTMENT: Land Preservation Budget Modification - CPF Legal Fees Fiscal Impact: The purpose of this budget modification is to make funding available for year-end anticipated legal counsel fees for land acquisitions and related services. RESOLVEDhereby modifies the 2008 that the Town Board of the Town of Southold Community Preservation Fund budget as follows: Southold Town Meeting Agenda - December 16, 2008 Page 10 FROM: H3.8660.2.600.100 Land Acquisitions $ 12,000.00 TO: H3.8660.2.500.100 Legal Counsel $ 12,000.00 ? Vote Record - Resolution RES-2008-1066 ? 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 2008-1067 CATEGORY: Budget Modification DEPARTMENT: Town Clerk Budget Modification - SWMD Fiscal Impact: These modifications are needed to cover greater than expected costs in the lines effected. All allocations to be covered through savings in MSW line. No impact to latest total budget projection for 2008. RESOLVED modifies the 2008 Solid that the Town Board of the Town of Southold hereby Waste Management District budget as follows: From: MSW Removal SR 8160.4.400.805 $8,910.00 TO: Employee Work Gear SR 8160.4.100.120 $ 400.00 Scale Maintenance SR 8160.4.400.600 600.00 Scrap Tire Removal SR 8160.4.400.815 800.00 Hazardous Waste Removal SR 8160.4.400.840 5,500.00 Groundwater Monitoring SR 8160.4.500.150 1,610.00 Southold Town Meeting Agenda - December 16, 2008 Page 11 ? Vote Record - Resolution RES-2008-1067 ? 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 2008-1068 CATEGORY: Budget Modification DEPARTMENT: Town Clerk Budget Modification Central/Copy Express Mail Fiscal Impact: Express Mail budget line was depleted. Transfer of money from regular postage to cover shortage. RESOLVEDmodifies the 2008 that the Town Board of the Town of Southold hereby General Fund Whole Town budget as follows: From: A.1670.4.600.400 Central Copy & Mailing $1,000 Postage To: A.1670.4.600.500 Central Copy & Mailing $1,000 Express Mail ? Vote Record - Resolution RES-2008-1068 ? 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 2008-1069 CATEGORY: Budget Modification DEPARTMENT: Town Clerk 2008 Whole Town Budget Modification for Philip Beltz Fiscal Impact: Transfer of funds to pay for travel expenses incurred by employee Southold Town Meeting Agenda - December 16, 2008 Page 12 RESOLVEDmodifies the 2008 Whole that the Town Board of the Town of Southold hereby Town budget as follows: From: A.7310.4.500.100 Professional Services $ 200.00 To: A.7310.4.600.300 Travel Reimbursement $ 200.00 ? Vote Record - Resolution RES-2008-1069 ? 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 2008-1070 CATEGORY: Budget Modification DEPARTMENT: Accounting Modify Budget for Medical Claims 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 $ 5,000 A.9010.8.000.000 Employees Retirement System 20,000 A.9015.8.000.000 Police Retirement System 85,000 A.9040.8.000.000 Workers Compensation 15,000 A.9055.8.000.100 CSEA Benefit Fund 10,000 A.9060.8.000.000 Medical Insurance 190,000 A.9901.9.000.300 Transfers to Risk Retention Fund 175,000 To: Southold Town Meeting Agenda - December 16, 2008 Page 13 A.9901.9.000.000 Transfers to Health Plan $500,000 Employee Health Plan Increase: Revenues: MS.5031.00 Interfund Transfers $500,000 Increase: Appropriations: MS.9060.8.000.000 Medical Benefits $500,000 ? Vote Record - Resolution RES-2008-1070 ? 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 2008-1071 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Lease Agreement (Agreement No. 525- CAP-CAP-1749.519-07) Between Suffolk County Office for the Aging and the Town of Southold for Acquisition of a 2008 Ford E450, 14-Passenger Transit Bus, Vehicle Identification No. 1FD4E45S88DB51057, for the Human Resource Center RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Lease Agreement (Agreement No. 525-CAP- CAP-1749.519-07) between Suffolk County Office for the Aging and the Town of Southold for acquisition of a 2008 Ford E450, 14-passenger transit bus, Vehicle Identification No. 1FD4E45S88DB51057 , for use by the Human Resource Center for a term commencing on November 1, 2008 through October 31, 2013, subject to the approval of the Town Attorney. Southold Town Meeting Agenda - December 16, 2008 Page 14 ? Vote Record - Resolution RES-2008-1071 ? 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 2008-1072 CATEGORY: Bid Acceptance DEPARTMENT: Highway Department Accept the Bid of Burt’s Reliable, at a Fixed Differential Price of $0.135 Per Gallon Above the Northville Rack Price, for Supplying the Town of Southold Highway Department with Ultra Low Sulfur Diesel Fuel RESOLVED accepts the bid of Burt’s that the Town Board of the Town of Southold hereby Reliable, at a fixed differential price of $0.135 per gallon above the Northville Rack Price, for supplying the Town of Southold Highway Department with ultra low sulfur diesel fuel for the 2009 calendar year, all in accordance with the Town Attorney. ? Vote Record - Resolution RES-2008-1072 ? 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 2008-1073 CATEGORY: Bid Acceptance DEPARTMENT: Highway Department Accept the Bid[S] of Petro Commercial Services, at a Price of $0.1385 Per Gallon Fixed Differential Above the Northville Rack Price, for Supplying the Town of Southold with Both Unleaded Gasoline [Ethanol] and Unleaded Plus Gasoline [Ethanol], Respectively, for the 2009 Calendar Year RESOLVED accepts the bid[s] of Petro that the Town Board of the Town of Southold hereby Commercial Services, at a price of $0.1385 per gallon fixed differential above the Northville Rack Price, for supplying the Town of Southold with both Unleaded Gasoline [Ethanol] Southold Town Meeting Agenda - December 16, 2008 Page 15 and Unleaded Plus Gasoline [Ethanol], respectively, for the 2009 calendar year, all in accordance with the Town Attorney. ? Vote Record - Resolution RES-2008-1073 ? 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 2008-1074 CATEGORY: Bid Acceptance DEPARTMENT: Highway Department Accept the Bid of Sound Shore Excavating Corp. in the Amount of $14.20 Per Cubic Yard, for Supplying Bulk Sand for 2009 RESOLVEDaccepts the that the Town Board of the Town of Southold hereby bid of Sound Shore Excavating Corp. in the amount of $14.20 per cubic yard, for supplying Bulk Sand for Ice Control and Highway Maintenance to the Highway Department for the 2009 calendar year , all in accordance with the Town Attorney. ? Vote Record - Resolution RES-2008-1074 ? 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 2008-1075 CATEGORY: Bid Acceptance DEPARTMENT: Community Development Goldsmith Inlet Dredging 2009 RESOLVED hereby authorizes Chesterfield that the Town Board of the Town of Southold Associates to perform maintenance dredging work at Goldsmith Inlet , all at the rates set Southold Town Meeting Agenda - December 16, 2008 Page 16 forth in the competitively awarded Suffolk County Rate Schedule for Construction Equipment Services, in connection with the dredging work, scheduled for January of 2009, at a total cost not exceed the 2009 Budget amount of $40,000, all in accordance with the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-1075 ? 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 2008-1076 CATEGORY: Support Resolution DEPARTMENT: Town Clerk Great South Bay Hard Clam Fishery RESOLVEDsupports resolution no. 1, that the Town Board of the Town of Southold hereby presented at the December 10, 2008 Suffolk County Supervisor’s Association meeting which reads as follows: WHEREAS , the Suffolk County Supervisor's Association has acknowledged that the harvest of shellfish from underwater lands has been an important element of the Great South Bay's social and cultural traditions, as well as its economic base; and, WHEREAS , the decline of the harvest of hard clams has affected the local economy of this area. For example, in 1976, the harvesting of hard clams in Town of Brookhaven's waters was at 221,018 bushels, but harvesting had declined to 2,265 bushels in 2007. The number of permits issued to harvest hard clams in the Town of Brookhaven has declined from over 1,000 permits in 1976 to under 100 permits in 2007. This overall decline of shellfish harvesting has cost the local economy approximately $63 million. As a result, several fishermen and baymen are losing job opportunities; and Southold Town Meeting Agenda - December 16, 2008 Page 17 WHEREAS , several efforts have been made by the local government to restore and replenish the ecology of the Great South Bay in order to save the hard clam fishery industry, but additional resources are needed; and WHEREAS , the Suffolk County Supervisor's Association fully supports the efforts of Sen. Charles Schumer and New York State Governor David Paterson to recommend to the United States Department of Commerce that the Great South Bay be designated as a "commercial fishery failure" in order to receive federal emergency resources to restore and save the Great South Bay hard dam fishery, NOW, THEREFORE, be it RESOLVED , by the board of the Suffolk County Supervisor's Association that upon the recommendations of Sen. Charles Schumer and New York State Governor David Paterson, that the United States Department of Commerce request for the National Marine Fisheries Service to review and examine the harvest and economic data of the Great South Bay hard clam fishery; and be it further RESOLVED , that the National Marine Fisheries Service's assessment be taken into consideration in order for the United States Department of Commerce to make an informed decision on the question of granting a federal designation to the Great South Bay's hard clam fishery as a "commercial fishery failure". ? Vote Record - Resolution RES-2008-1076 ? 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 2008-1077 CATEGORY: Employment - Town DEPARTMENT: Accounting Amend Resolution 2008-1018 Southold Town Meeting Agenda - December 16, 2008 Page 18 RESOLVEDamends Resolution # 2008- that the Town Board of the Town of Southold hereby 1018 dated December 2, 2008 to read as follows: RESOLVED that the Town Board of the Town of Southold hereby appoints Gary Ostroski to the position of a Full Time Food Service Worker for the Human Resource Center, effective $24,980.36 per annum November 23, 2008, at a rate of . (his salary changed from hourly to annually) ? Vote Record - Resolution RES-2008-1077 ? 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 2008-1078 CATEGORY: Retirement/Resignation DEPARTMENT: Accounting Amend Retirement Date of Martha Jones Res. 105 RESOLVEDamends resolution #2008- that the Town Board of the Town of Southold hereby 105, adopted at the December 2, 2008 regular Town Board meeting to read as follows: RESOLVED that the Town Board of the Town of Southold hereby acknowledges the intent to retire of Martha Jones from the position of Clerk Typist in the Assessors Office, effective January 5, 2009. January 9, 2009 ? Vote Record - Resolution RES-2008-1078 ? 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 2008-1079 Southold Town Meeting Agenda - December 16, 2008 Page 19 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Accounting Island Group 2009 Health Plan Administration RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an agreement with Island Group Administration, Inc. for the administration of the Town of Southold Employee Health Plan for the 2009 calendar year, said agreement subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-1079 ? 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 2008-1080 CATEGORY: Budget Modification DEPARTMENT: Public Works Modify the 2008 General Fund Department of Public Works Budget Fiscal Impact: Cost of chairs for the meeting hall was more than anticipated, carpeting cost less; there was just a slight shortage for Seasonal Employees. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2008 General Fund Department of Public Works budget as follows: From: A.1620.2.100.400 Buildings & Grounds, Equip. $1864.10 Furniture & Furnishings, Carpet A.1620.2.300.200 Buildings & Grounds, Equip. $1588.00 Vehicles, Trucks A.1620.4.400.200 Buildings & Grounds, C.E. $ 717.86 C.S., Property Maint/Repairs Southold Town Meeting Agenda - December 16, 2008 Page 20 To: A.1620.2.100.300 Buildings & Grounds, Equip. $4136.68 Furniture & Furnishings, Chairs A.1620.1.300.100 Buildings & Grounds, P.S. $ 33.28 Seasonal Employees, Regular Earnings ? Vote Record - Resolution RES-2008-1080 ? 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 2008-1081 CATEGORY: Budget Modification DEPARTMENT: Planning Board Budget Mod. - Tree Committee Fiscal Impact: Funds are needed to cover cost of tree planting and memorial plaques for the town's tree program. RESOLVEDmodifies the 2008 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: To: Revenues : A.2705.30 Gifts & Donations Tree Committee Donations $3,000.00 To: Appropriations : A.8560.4.400.200 Tree Committee, C.E. C.S., Trees & Committee Expense $3,000.00 ? Vote Record - Resolution RES-2008-1081 ? 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 - December 16, 2008 Page 21 2008-1082 CATEGORY: Support Resolution DEPARTMENT: Town Clerk Overcharges in NYSHIP RESOLVEDsupports resolution no. 2, that the Town Board of the Town of Southold hereby presented at the December 10, 2008 Suffolk County Supervisor’s Association meeting which reads as follows: WHEREAS , the Suffolk County Supervisor's Association has acknowledged that health insurance premiums and costs are increasing each year through the New York State Health Insurance Program (NYSHlP). As a result, this has placed an overwhelming burden on municipal budgets; and WHEREAS , the Suffolk County Supervisor's Association has learned that the insurance companies who contract with NYSHIP have been retaining premium overcharges amounting to $540 million over the past several years. In the 2009-2010 fiscal years, it is projected that these companies will collect a $300-$375 million overcharge; and WHEREAS , given the current financial and economic climate, it is troubling for the member towns of the Suffolk County Supervisor's Association to struggle to afford insurance coverage for their employees on an annual basis and insurance companies are profiting from these practices. We, as towns, can no longer afford these practices. NOW, THEREFORE, be it RESOLVED , by the board of the Suffolk County Supervisor's Association that New York State Governor David Paterson continue to reform NYSHIP by authorizing an independent review of NYSHIP practices by an outside healthcare and/or benefits firm; and be it further resolved RESOLVED , that New York State Governor Paterson should authorize to return a portion of the premium overcharges to the towns of Suffolk County. We propose a one-month premium Southold Town Meeting Agenda - December 16, 2008 Page 22 holiday for the municipalities in an effort to reclaim a portion of the premium overcharges from New York State. ? Vote Record - Resolution RES-2008-1082 ? 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 2008-1083 CATEGORY: Bid Acceptance DEPARTMENT: Police Dept Accept Bid - Uniforms - Police RESOLVED accepts the bid of Hoppy's that the Town Board of the Town of Southold hereby Cleaners to supply the town with Police Uniform Cleaning for 2009 in the amounts indicated on the bid submitted, all in accordance with the Town Attorney. ? Vote Record - Resolution RES-2008-1083 ? 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 2008-1084 CATEGORY: Bid Acceptance DEPARTMENT: Police Dept Accept Bid - Police Uniforms RESOLVED accepts the bid of Charles that the Town Board of the Town of Southold hereby Greenblatt, Inc., to supply the town with Police Uniforms for 2009 in the amounts indicated on the bid submitted, all in accordance with the Town Attorney. Southold Town Meeting Agenda - December 16, 2008 Page 23 ? Vote Record - Resolution RES-2008-1084 ? 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 2008-1085 CATEGORY: Surplus Equipment DEPARTMENT: Police Dept Surplus Vehicle - Police RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise for bids for the following surplus police vehicle: 1997 FORD Crown Victoria - color Tan - VIN 2FALP71WVX150545 - 125,780 miles Contact person is Lt. H. William Sawicki (631) 765-2600. Vehicle is in "as is" condition and may be viewed at Lou's Garage, Pacific Street, Mattituck, New York. RESOLVED Be it further that the Town Board authorizes and directs the Town Clerk to advertise for the sale of same. ? Vote Record - Resolution RES-2008-1085 ? 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 2008-1086 CATEGORY: Budget Modification DEPARTMENT: Police Dept Budget Modification - Police RESOLVEDmodifies the 2008 Whole that the Town Board of the Town of Southold hereby Southold Town Meeting Agenda - December 16, 2008 Page 24 Town budget as follows: From: A.3120.4.100.600 Uniforms & Accessories $3,500.00 To: A.3120.2.500.450 Respirator Fit Tester $3,500.00 ? Vote Record - Resolution RES-2008-1086 ? 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 2008-1087 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification for Debt Interest RESOLVEDmodifies the 2008 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: From: A.9730.7.000.000 Bond Anticipation Notes Interest $ 21,000 To: A.9710.7.000.000 Serial Bonds Interest $ 21,000 ? Vote Record - Resolution RES-2008-1087 ? 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 2008-1088 Southold Town Meeting Agenda - December 16, 2008 Page 25 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Westlaw Agreement Between the Town of Southold and West Group RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Westlaw Agreement between the Town of Southold and West Group regarding the renewal of the Agreement for the Government Select Plan for 36 months at a monthly cost of $273.70, which will provide a 50% discount on all print subscriptions, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-1088 ? 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 2008-1089 CATEGORY: Bid Acceptance DEPARTMENT: Public Works Accept 2009 Heating Fuel Oil Bid RESOLVED accepts the bid of Burt’s Reliable to that the Town Board of the Town of Southold hereby supply the town with #2 Heating Fuel Oil in the amount of 14.5¢ above Northville Industries consumer rack wholesale price on date of delivery, all in accordance with the Town Attorney. ? Vote Record - Resolution RES-2008-1089 ? 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 2008-1090 CATEGORY: Refund DEPARTMENT: Town Clerk Southold Town Meeting Agenda - December 16, 2008 Page 26 Grant a Refund of $950.00 to Ye Olde Party Shoppe, Inc. for Zoning Board of Appeals Permit No. WP 169 RESOLVEDgrants a refund of $950.00 that the Town Board of the Town of Southold hereby to Ye Olde Party Shoppe, Inc. for Zoning Board of Appeals Permit No. WP 169 at the recommendation of the Zoning Board because although the permit was issued, the event never took place. ? Vote Record - Resolution RES-2008-1090 ? 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 2008-1091 CATEGORY: Property Acquisition Public Hearing DEPARTMENT: Land Preservation C W Francis - 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, January 6, 2009, at 4:35 p.m., Southold Town Hall, 53095 Main Road, hereby Southold, New York as the time and place for a public hearing for the purchase of a development rights easement on property owned by C.W. Francis & Son, Inc. Said property is identified as part of SCTM #1000-19.-1-14.7. The address is 32400 Route 25 and the property is located in the R-80/R-200 zoning districts and is approximately 300 feet southwesterly from the intersection of Old North Road and NYS Route 25 in Orient, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 23.0± acres (subject to survey) of the 26.48± acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The purchase price is $80,000 (eighty thousand Southold Town Meeting Agenda - December 16, 2008 Page 27 dollars) per buildable acre for the 23.0± acre easement plus acquisition costs. The easement will be acquired using Community Preservation Funds. The property is listed on the Town’s Community Preservation Project Plan as property that should be preserved due to its agricultural value; and 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-2008-1091 ? 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 2008-1092 CATEGORY: Budget Modification DEPARTMENT: Police Dept Budget Modification - Police Fiscal Impact: As per Chief of Police, Detective On Call was a new appropriation line created in 2008, not previously funded; Seasonal Regular earnings increased due to doubling of Crossing Guard daily rates effective 7/1/08; Seasonal Overtime exceeded the budget because of special events and being short one TCO RESOLVEDmodifies the 2008 Whole that the Town Board of the Town of Southold hereby Town budget as follows: From: A.3120.1.100.300 Full Time Employees Vacation Earnings $86,600.00 To: A.3120.1.100.201 Full Time Employees Overtime - Detective On Call $53,000.00 Southold Town Meeting Agenda - December 16, 2008 Page 28 A.3120.1.300.100 Seasonal Employees Regular Earnings 31,000.00 A.3120.1.300.200 Seasonal Employees Overtime Earnings 2,600.00 ? Vote Record - Resolution RES-2008-1092 ? 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 2008-1093 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Preventative Maintenance Agreement Between Water & Waste Equipment, a Division of WWE, Inc. and the Town of Southold RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Preventative Maintenance Agreement between Water & Waste Equipment, a Division of WWE, Inc. and the Fishers Island Sewer District for the maintenance of the District Pump Station for a total of two visits at a total contract price of $2,174.00, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-1093 ? 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 2008-1094 CATEGORY: Advertise DEPARTMENT: Town Clerk Advert for Ethics Board, Planning Board & ZBA Southold Town Meeting Agenda - December 16, 2008 Page 29 RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise for the following three (3) Boards in the Suffolk Times for 2 consecutive weeks: Board of Ethics, Planning Board and Zoning Board of Appeals. ? Vote Record - Resolution RES-2008-1094 ? 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 2008-1095 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Appoint Maureen Cullinane to the Land Preservation Committee RESOLVEDappoints Maureen that the Town Board of the Town of Southold hereby Cullinane to the Land Preservation Committee to fill the vacancy created by the resignation of Michelle Zaloom, effective immediately through March 31, 2010. ? Vote Record - Resolution RES-2008-1095 ? 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 2008-1096 CATEGORY: Grants DEPARTMENT: Community Development 2009 CDBG Program RESOLVEDadopts the following 2009 that the Town Board of the Town of Southold hereby Community Development Block Grant Program Budget and authorizes and directs Supervisor Scott A. Russell to sign the CDBG Program Description Forms Southold Town Meeting Agenda - December 16, 2008 Page 30 in connection with the 2009 CDBG Program in the amount of $130,000. ProjectBudget Home Improvement Program $77,500 Peconic Recreation Center – Handicapped Lift $20,000 Administration $13,000 North Fork Early Learning Center – Child Day Care Facility $ 7,500 Robert Perry Child Day Care Center $ 7,500 Community Action Southold Town CAST $ 7,500 ? Vote Record - Resolution RES-2008-1096 ? 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 2008-1097 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Agreement Between the Town Board of the Town of Southold and the Village of Greenport for the Term Commencing January 1, 2009 and Ending on December 31, 2018, Terminable Upon One Year’s Notice, Regarding the Provision of Fire Protection and Emergency Response Services to the East-West District RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Agreement between the Town Board of the Town Southold Town Meeting Agenda - December 16, 2008 Page 31 of Southold and the Village of Greenport for the term commencing January 1, 2009 and ending on December 31, 2018, terminable upon one year’s notice, regarding the provision of fire protection and emergency response services to the East-West District with payment for 2009 not to exceed $547,534, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-1097 ? 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 2008-1098 CATEGORY: Misc. Public Hearing DEPARTMENT: Town Clerk Set CEA for Barbara 1/20/09 10:00 Am RESOLVEDsets January 20, 2009 at 9:00 a.m. that the Town Board of the Town of Southold in the Town Meeting Hall, 53095 Main Road, Southold, New York 11971, as the time and place for a public hearing on the Coastal Erosion Hazard Board of Review Appeal of Robert G. Bombara, relating to a proposed new single-family dwelling, garage and swimming pool proposed to be located at 1725 North Sea Drive, Southold, SCTM #1000-54- 4-19 , and directs the Town Clerk to publish notice of such appeal in The Suffolk Times not less than ten (10) days nor more than thirty (30) days prior to such hearing and to notify the applicant by first class mail. ? Vote Record - Resolution RES-2008-1098 ? 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 2008-1099 CATEGORY: Misc. Public Hearing DEPARTMENT: Town Clerk Southold Town Meeting Agenda - December 16, 2008 Page 32 Set 3/10/09 at 4:35 Pm Goldsmiths Inlet RESOLVED March 10, 2009 4:35 that the Town Board of the Town of Southold hereby sets p.m. at the Southold Town Hall, 53095 Main Road, Southold , as the time and place to hold a public scoping session to allow the public and agencies to provide input into the issues and information to be presented in the DEIS for the Assessment of Jetty Shortening Alternatives Goldsmith Inlet, Bay and Adjacent Shorelines. A complete copy of the draft scope is available at the Southold Town Clerk’s office during normal business hours and is also available on the Town’s website: southoldtown.northfork.net. At least 10 days will be provided for written comment after the close of the public hearing. ? Vote Record - Resolution RES-2008-1099 ? 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 2008-1100 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Clerk Set 1/6/09 4:40 Residential Site Plans WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New th A Local Law in Relation to Design York, on the 16 day of December, 2008 a Local Law entitled “ Standards and Regulations for Residential Site Plans in the Town of Southold” and now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid January 6, 2009 at 4:40 Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on p.m. at which time all interested persons will be given an opportunity to be heard. Southold Town Meeting Agenda - December 16, 2008 Page 33 “A Local Law in relation to Design Standards and Regulations for The proposed Local Law entitled, Residential Site Plans in the Town of Southold” reads as follows: LOCAL LAW NO. OF 2008 “A Local Law in relation to Design Standards and Regulations for Residential A Local Law entitled, Site Plans in the Town of Southold” . BE IT ENACTED by the Town Board of the Town of Southold as follows: Section 1 . Legislative Intent The Town of Southold’s Comprehensive Plan, comprised of a series of planning initiatives undertaken over the past 20 years, establishes a group of fundamental goals that together provide the underpinnings of Southold’s future vision. These goals are: 1. To preserve land, including farmland, open space and recreational landscapes. 2. To preserve the rural, cultural and historic character of the hamlets surrounding the countryside. 3. To preserve the Town’s remaining natural environment; to prevent further deterioration of the Town’s natural resources and to restore the Town’s degraded natural resources back to their previous quality. 4. To preserve and promote a range of housing and business opportunities that supports a socio-economically diverse community. 5. To increase transportation efficiency and to create alternatives to automobile travel, while preserving the scenic and historic attributes of roads in the Town. The Town Board of the Town of Southold recognizes that the local community can absorb a finite amount of development in order to achieve the goals set forth above. The development that occurs will result in irreversible changes to the land and the community. The Town of Southold is engaged in a process for comprehensive planning for the hamlets located in the Town, and in 2005 adopted the Town of Southold “Hamlet Study”. The Hamlet Study represents a unique exercise in Southold’s long tradition of community planning as it was prepared by stakeholders from each hamlet representing a cross-section of the community. The Southold Town Meeting Agenda - December 16, 2008 Page 34 primary goal of the Hamlet Study was to balance and accommodate an appropriate degree of growth in each hamlet. Since the adoption, the hamlet stakeholder process has been re-convened and the stakeholders are active in working with the Planning Board and staff to plan for the future of the hamlets. Presently, there are two applications for residential site plans before the Planning Board. These projects, if approved in their present form, would yield a significant change in the character of the hamlets in which they are proposed. The proposed project in Cutchogue contains the second-largest number of residential units proposed in a single development in the Town of Southold in recent memory. The impact of this development on the existing community and character of the hamlet is likely to be profound. The proposed project in Southold, while not as large in number of units, is large in scale and size of buildings. The Planning Department, faced with these applications, advised the Town Board that the current residential site plan regulations are inadequate to deal with the proposed developments. The current residential site plan regulations lack residential design standards and cluster requirements. The Town Board, Planning Board, Planning staff, and Code Committee reviewed the high density residential zoning, including Hamlet Density (HD) and Hamlet Business (HB), and proposed amendments. A public hearing was held on the proposed Code amendments on September 23, 2008. Thereafter, the Town Board, Planning staff and Code Committee met on several occasions to review the public comments and further discuss appropriate amendments to the town code. These proposed amendments are designed to assure that residential development in the residential zones is consistent with the plans for the hamlet, is compatible in scale with the hamlet, and will comprehensively meet the long-range goals of the Town. These amendments intend to assure a diversity of housing stock, promote moderate-cost dwellings, meet the needs of the existing population, and protect groundwater, open space and community character. The business zones that allow residential development have been removed from the proposal at this time, as the Planning Board, Town Board, and Code Committee have agreed that it is appropriate to examine the business zones and their uses comprehensively in the near future. Section 2 . CODE AMENDMENTS Chapter 280 of the Code of the Town of Southold Southold Town Meeting Agenda - December 16, 2008 Page 35 § 280-137. Standards for residential site plans. The purpose of these residential site plan standards are to provide for a diversity of housing stock, promote moderate-cost dwellings, meet the needs of the existing population and protect groundwater, open space and community character. A. The Planning Board's review of the application and plans with respect to residential site plans shall include their compliance with the following: (1) The requirement that the applicant attend a presubmission conference, at which time the applicant, the Planning Board and planning staff shall discuss the salient design features of the application. At such conference, the applicant shall be provided with a copy of the then-existing design manual as adopted by the Planning Board. (2) The applicable provisions of this chapter. (3) Where applicable, Town Law § 274-a and General Municipal Law § 239-m. (4) Construction standards and specifications of the Town highway specifications, Chapter 161 of the Code of the Town of Southold. For the purposes of residential site plans, one dwelling unit is the equivalent of one residential lot. (5) The requirements of the existing resources and site analysis plan(s) (ERSAP) and the allowable density of dwelling units as calculated using the yield plan criteria for standard subdivisions set forth in §§ 240-10A and B(2) of the Code of the Town of Southold, Subdivision of Land. (6) The provisions of Article XI, Cluster Development, of Chapter 240 of the Code of the Town of Southold, Subdivision of Land, as may shall be applied by the Planning Board in its discretion to residential site plans in residential districts, and may be applied by the Planning Board to residential site plans in business districts., where it determines that such cluster development shall benefit the Town and the natural and scenic qualities of open lands. In doing so, the Planning Board shall establish conditions on the ownership, use and maintenance of such open lands as it deems necessary to assure the preservation of the natural and scenic qualities of such open lands and shall not permit the use of such lands for the fulfillment of the park and recreation requirement. The procedures set forth in Article XI, of Chapter 240, Subdivision of Land, shall govern except as modified herein. To the extent that this provision may be construed to be in conflict with Town Law § 278 regarding clustered development, Town Law § 274-a regarding site plan review, or Town Law § 267, 267-a, 267-b or 267-c regarding the authority of Southold Town Meeting Agenda - December 16, 2008 Page 36 the Zoning Board of Appeals, this provision supersedes and amends such sections insofar as they place any limitation on the Planning Board's application of such clustered development to residential site plans or the requirement of the fulfillment of the park and recreation requirement. (a) Design requirements where cluster development is required: 1. Open space i. Where required, cluster development design shall set aside a percentage of buildable land as open space in accordance with the schedule for Open Space, Buffers and Setbacks for Residential Site Attachment 6 Plans at the end of this chapter, in . ii. Open space shall be vegetated, with no more than 15% of the land area to be irrigated. iii. Open space shall remain open and free of any buildings or structures, except those structures related to the use of the open space, including but not limited to split rail fences, signs and boundary markers. iv. The location, use and design of the open space areas will be determined by the Planning Board using the ERSAP, as set forth above, and as set forth and regulated in §240-10C and §240-44. (7) (reserved) (8) Minimum setback 1. The setback from the property line to all structures shall be in accordance with the schedule for Open Space, Buffers and Setbacks for Residential Site Plans at the end of this chapter. (9) Minimum buffer 1. The buffer area shall be in accordance with the schedule for Open Space, Buffers and Setbacks for Residential Site Plans at the end of this chapter (10) (7) Design considerations: (a) The location, arrangement, setbacks, size, design, and general site Southold Town Meeting Agenda - December 16, 2008 Page 37 compatibility of buildings, structures, landscaping, lighting, and signs, in keeping with the character of the community; (b) The adequacy, safety and convenience of vehicular traffic access and circulation, including driveways, rights-of-way, curb cuts, intersections, pavement surfaces, traffic controls, and designated areas for access to public transportation; (c) The adequacy, safety and convenience of pedestrian and bicycle traffic and circulation, including sidewalks, walkways, and pedestrian/vehicle conflict points; (d) The sufficiency, convenience and appearance of off-street parking and loading areas, including visitor, employee and overflow parking, parking and storage for trailers, boats, and recreational vehicles, and the provision of alleyways; (e) The provision of and adequacy of emergency lanes, exits, tap streets, other safety zones, and the provision of fire hydrants to promote the public safety; and (f) The proximity of recreational facilities and open space. (g) Garages preferred to be set back from the front façade of the building. Two-car garages should either have a separate door for each bay, or have the appearance of an individual door for each bay. B. SEQRA review. The Planning Board shall comply with the provisions of the New York State Environmental Quality Review Act (SEQRA), Article 8 of the Environmental Conservation Law, 6 NYCRR Part 617. [Added 8-2-2005 by L.L. No. 12-2005] C. Within 10 days after completion of the SEQRA review accepting the application, the Planning Board shall forward the application to the Architectural Review Committee for review. The Architectural Review Committee shall review the application at their next regularly scheduled meeting, and make a written recommendation to the Planning Board on the site plan within 10 business days of that meeting receipt of the referral. If the Committee fails to make a recommendation within this time period, the project shall proceed to the Planning Board for consideration without Committee review. [Added 8-2-2005 by L.L. No. 12-2005] D. Preliminary hearing requirement. Prior to and in addition to the public hearing required by § 280-131H, the Planning Board shall hold a separate preliminary hearing Southold Town Meeting Agenda - December 16, 2008 Page 38 on the application with notice provided pursuant to Chapter 55, Notice of Public Hearings. [Amended 8-2-2005 by L.L. No. 12-2005] E. Affordable housing requirement. Every new residential site plan involving the creation of five or more dwelling units shall comply with the requirements of § 240- 10B(2)(c) of the Code of the Town of Southold, Subdivision of Land, pertaining to the provision of affordable housing, except in the Hamlet Density zoning district the number of units to be set aside as moderate-income family dwelling units (MIFDU) is reduced from twenty percent to ten percent. The requirements applicable to lots within a subdivision in that subsection shall apply equally to dwelling units in affected residential site plans. F. Park and recreation requirement. The provisions of § 240-53 of the Code of the Town of Southold, Subdivision of Land, pertaining to the reservation of parkland in subdivisions, shall apply equally to residential site plans approved under this chapter, except the fee per lot therein shall herein be applicable to each dwelling unit. [Amended 8-2-2005 by L.L. No. 12-2005] G. Performance bond requirement. The provisions of Article IX, Bonds and Other Security, and Article X, Required Public Improvements; Inspections; Fees, of Chapter 240, Subdivision of Land, of the Code of the Town of Southold, shall apply equally to residential site plans approved under this chapter. Pursuant to Municipal Home Rule Law § 10, § 280-137B, C and D herein supersedes and amends New York State Town Law § 274-a regarding site plan review to the extent that the Planning Board is empowered to impose affordable housing, park and recreation and performance bond requirements in the residential site plan review process. [Amended 8-2-2005 by L.L. No. 12-2005] H. Phased development. The Planning Board shall permit the phased development of residential properties that meet all other applicable standards, but shall condition the approval of the development of any permitted phase upon the maintenance of the undeveloped phases in their undeveloped condition, and shall prohibit all clearing and site preparation on such undeveloped phases until such time as development is permitted. [Amended 8-2-2005 by L.L. No. 12-2005] I. Planning Board authority to vary requirements for setbacks, building length, separation and courts, and open space. [Amended 8-2-2005 by L.L. No. 12-2005] (1) The Planning Board shall have the authority to reduce or amend yard setback requirements for individual buildings in favor of a perimeter setback for entire groups of buildings, to require that setbacks from interior streets be varied, and to reduce or amend the requirements of §§ 280-107 and 280-108, and to Southold Town Meeting Agenda - December 16, 2008 Page 39 reduce or amend requirements for open space. In making these decisions, the Planning Board shall take into consideration the benefit to the applicant, as weighed against the detriment to the health, safety and welfare of the neighborhood or community. In making such determination, the Planning Board shall also consider: (a) Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the amendment; (b) Whether the benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue, other than the sought variance; (c) Whether the variance is substantial; (d) Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and (e) Whether the alleged difficulty was self-created, which shall be relevant to the decision but shall not necessarily preclude the proposed amendment or variance. (2) This provision supersedes and amends New York State Town Law §§ 267, 267-a, 267-b and 267-c insofar as these sections give such authority to the Zoning Board of Appeals. Section 3 . Chapter 280 is further amended as follows: 280-4 Definitions BUFFER-- A natural or landscaped vegetated area along the boundaries of a subdivision, lot or parcel, designed to provide natural visual screening through the growth of dense vegetation, and ideally including evergreens. A new Attachment 6 is added to Chapter 280. 280 Attachment 6 Town of Southold Schedule for Open Space, Buffers and Setbacks for Residential Site Plans Size of Minimum open Minimum Minimum buffer 2 property space set-aside setback (in (in feet) 1 (acres) (as a percent of feet) Southold Town Meeting Agenda - December 16, 2008 Page 40 total land area of project) <15 20 30 20 15-39 30 35 25 = 40 50 75 50 1 Perimeter setback from property line to all structures including driveways, patios & decks (includes the buffer area). Setback must be vegetated. Where open space is between the property line and the buildings, the buildings must be setback from the open space a minimum of 10’ as measured from the edge of structure to the nearest edge of open space. The portion of the setback not encompassing the buffer area is excluded from the open space calculation. 2 The buffer is located within the minimum setback. The buffer begins at the property line and extends in towards the interior of the parcel. The area of the buffer shall be included in open space calculations. At the discretion of the Planning Board, buffers can either be “non-disturbance” meaning the buffer area is left in its natural state and vegetation is not cut or removed, or a buffer can be planted and landscaped according to a plan approved by the Planning Board. Section 4 . APPLICATION This local law shall apply to ALL [new and pending] applications for residential site plans in the Town of Southold. Section 5 . 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. Section 6. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State. ? Vote Record - Resolution RES-2008-1100 ? 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 - December 16, 2008 Page 41 2008-1101 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Clerk Set 1/6/09 4:45 Limit Size in Residential Site WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New d A Local Law in Relation to Zoning York, on the 16 day of December, 2008 a Local Law entitled “ Amendments to limit the size of dwelling units in Residential Site Plans in the Hamlet Density Districts in the Town of Southold” and now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid January 6, 2009 at 4:45 Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on p.m. at which time all interested persons will be given an opportunity to be heard. “A Local Law in Relation to Zoning Amendments to limit the size of The proposed Local Law entitled, dwelling units in Residential Site Plans in the Hamlet Density Districts in the Town of Southold” reads as follows: LOCAL LAW NO. OF 2008 “A Local Law in relation to Zoning Amendments to limit the size of dwelling A Local Law entitled, units in Residential Site Plans in the Hamlet Density Districts in the Town of Southold” . BE IT ENACTED by the Town Board of the Town of Southold as follows: Section 1. Enactment I. Legislative Intent The Town of Southold’s Comprehensive Plan, comprised of a series of planning initiatives undertaken over the past 20 years, establishes a group of fundamental goals that together provide the underpinnings of Southold’s future vision. These goals are: Southold Town Meeting Agenda - December 16, 2008 Page 42 1. To preserve land, including farmland, open space and recreational landscapes. 2. To preserve the rural, cultural and historic character of the hamlets surrounding the countryside. 3. To preserve the Town’s remaining natural environment; to prevent further deterioration of the Town’s natural resources and to restore the Town’s degraded natural resources back to their previous quality. 4. To preserve and promote a range of housing and business opportunities that supports a socio-economically diverse community. 5. To increase transportation efficiency and to create alternatives to automobile travel, while preserving the scenic and historic attributes of roads in the Town. The Town Board of the Town of Southold recognizes that the local community can absorb a finite amount of development in order to achieve the goals set forth above. The development that occurs will result in irreversible changes to the land and the community. The Town of Southold is engaged in a process for comprehensive planning for the hamlets located in the Town, and in 2005 adopted the Town of Southold “Hamlet Study”. The Hamlet Study represents a unique exercise in Southold’s long tradition of community planning as it was prepared by stakeholders from each hamlet representing a cross-section of the community. The primary goal of the Hamlet Study was to balance and accommodate an appropriate degree of growth in each hamlet. Since the adoption, the hamlet stakeholder process has been re-convened and the stakeholders are active in working with the Planning Board and staff to plan for the future of the hamlets. Presently, there are two applications for residential site plans before the Planning Board. These projects, if approved in their present form, would yield a significant change in the character of the hamlets in which they are proposed. The proposed project in Cutchogue contains the second-largest number of residential units proposed in a single development in the Town of Southold in recent memory. The impact of this development on the existing community and character of the hamlet is likely to be profound. The proposed project in Southold, while not as large in number of units, is large in scale and size of buildings. The Planning Department, faced with these applications, advised the Town Board that the Southold Town Meeting Agenda - December 16, 2008 Page 43 current residential site plan regulations are inadequate to deal with the proposed developments. The current residential site plan regulations lack residential design standards and cluster requirements. The Town Board, Planning Board, Planning staff, and Code Committee reviewed the high density residential zoning, including Hamlet Density (HD) and Hamlet Business (HB), and proposed amendments. A public hearing was held on the proposed Code amendments on September 23, 2008. Thereafter, the Town Board, Planning staff and Code Committee met on several occasions to review the public comments and further discuss appropriate amendments to the town code. These proposed amendments are designed to assure that residential development in the residential zones is consistent with the plans for the hamlet, is compatible in scale with the hamlet, and will comprehensively meet the long-range goals of the Town. These amendments intend to assure a diversity of housing stock, promote moderate-cost dwellings, meet the needs of the existing population, and protect groundwater, open space and community character. The business zones that allow residential development have been removed from the proposal at this time, as the Planning Board, Town Board, and Code Committee have agreed that it is appropriate to examine the business zones and their uses comprehensively in the near future. This proposed law places restrictions on the size of dwelling units in the HD zoning district. This district is the densest residential zoning district in the Town, and such restriction will serve to achieve the aforementioned goals. Section 2 . CODE AMENDMENTS Chapter 280 of the Code of the Town of Southold is amended as follows: §280-137 A(7) Maximum amount of building area and size of buildings in the HD (7) Zoning District 1. The maximum amount of total building area on a parcel shall be limited to the yield as determined by a yield plan multiplied by 1,200 s.f. (Yield shall be determined pursuant to §240-10B). The resulting maximum amount of building area may then be divided into structures. 2. At least 50% of the total number of units must not be larger than 1,200 s.f. livable floor area. The remaining building area may be distributed among units of varying sizes, provided the total number Southold Town Meeting Agenda - December 16, 2008 Page 44 of dwelling units built does not exceed the yield as determined by the yield plan. Each unit built may have up to 400 s.f. incidental floor area in addition to the livable floor area. 3. Total building area for the purpose of this section is the cumulative amount of livable floor area, as defined below, of all dwellings. Total building area does not include clubhouse or similar amenities structures. 4. Livable floor area per unit for the purpose of this section is the total area of all floors, including all spaces within the exterior walls of a dwelling unit, with no deduction for hallways, stairs, closets, thickness of interior walls, or other interior features. Livable floor area per unit shall exclude unfinished basement area and unfinished attic area. Incidental floor area shall include, but not be limited to, garages, unenclosed porches and decks. Section 3 . APPLICATION This local law shall apply to ALL [new and pending] applications for residential site plans in the Town of Southold. Section 4 . 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. Section 5. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State. ? Vote Record - Resolution RES-2008-1101 ? 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 - December 16, 2008 Page 45 47. 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