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HomeMy WebLinkAboutLL 2009 #05SOUTHOLD TOWN BOARD PUBLIC HEARING March 24, 2009 7:33 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman Thomas Wickham Councilman Albert Krupski, Jr. Councilman William Ruland Councilman Vincent Orlando Assistant Town Attorney Jennifer Andaloro Town Clerk Elizabeth Neville This hearing was opened at 8:09 PM COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 24th day of February, 2009, a Local Law entitled "A Local Law in relation to the Town of Southold Community Preservation Fund Management and Stewardship Plan 2009" AND NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 24th day of March at 7:33 pm 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 the Town of Southold Community Preservation Fund Management and Stewardship Plan 2009" reads as follows: LOCAL LAW NO. 2009 A Local Law entitled, "A Local Law in relation to the Town of Southold Community Preservation Fund Management and Stewardship Plan 2009". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. PURPOSE In compliance with the Peconic Bay Community Preservation Fund, the Land Preservation Department has prepared a Community Preservation CPF Management and Stewardship Plan 2009 Public Hearing March 24, 2009 2 Fund Management and Stewardship Plan for real property interests acquired through the fund. This plan must be adopted by local law and all expenditures from the fund for management and stewardship functions must be in compliance with the terms of the plan. II. Chapter 17 of the Code of the Town of Southold is hereby amended as follows: § 17-13A. Community Preservation Fund Management and Stewardship Plan adopted. The Town Board of the Town of Southold hereby approves and adopts the Town of Southold Community Preservation Management and Stewardship Plan 2009 for real property interests acquired by use of moneys from the Town of Southold Community Preservation Fund, Land Preservation ,~-.~v .................Preser.'at:.~n prepared bythe · r~.~_, n-~ ~ ~ Co ........... Coordmator~ Director of the Department of Public Works~ and the Stewardship Coordinator, ~-.~. *~..~ .... v~-.~..:~'~ ~..~"~' !, .nno ,~ ..... ~ r~ .... ~.~ ~ ~ .tmo presented to the Town Board during the Work Sessxon of A., ..... , .... February 24~ 2009~ and intended to be the management and stewardship plan required by amemtmmat~o § 64-e (6) of the New York State Town Law. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. I have here a record that the notice of this public hearing has appeared as a legal in the local Suffolk Times, it has also appeared on the Town Clerk's bulletin board outside the door and I have a note in here from the LWRP coordinator, ifI can find it, who says 'The Town of Southold's Community Preservation Fund Management and Stewardship plan for 2009 has been reviewed against Chapter 268, the waterfront consistency review of the town's code and also the LWRP policy standards. Based upon information provided to this department as well as records available to me, it is my recommendation that the proposed action, directly and indirectly, supports and furthers the below denoted policy standards and therefore is consistent with the LWRP.' And there are several policies that CPF Management and Stewardship Plan 2009 Public Hearing 3 March 24, 2009 he notes that this is consistent with. I don't have any further substantive notices here in the file. SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on this particular issue? JEN HARTNAGEL: Good evening, my name is Jen Harmagel, I am here on behalf of the Group for the East End. We definitely support the proposed plan and we are also here to let this Board know that historically the Group has worked on a number of stewardship initiatives in other towns throughout the east end and they range from cleanups to trail maintenance to osprey pole construction, invasive species removal and we would love it if we could collaborate with the Town on any number of the proposed projects within this plan. So we just want to put that out there and let you know that we would be happy to work with you on these projects. Thank you. COUNCILMAN KRUPSKI: Thank you. SUPERVISOR RUSSELL: Thank you very much. COUNCILMAN KRUPSKI: That is a very generous offer. I will contact Melissa Spiro from the Land Preservation Department and let her know. MS. HARTNAGEL: Sure. Yeah. Okay. And I have a letter I can enter into the record as our contact information. Thank you. COUNCILMAN KRUPSKI: Great. SUPERVISOR RUSSELL: Would anybody else like to come up and address the Town Board on this particular issue? BENJA SCHWARTZ: Good evening. Benja Schwartz from Cutchogue. I think most everybody in town supports land preservation, I am a little surprised there are not more people here tonight. Don't know where Melissa Spiro is, chairman of our Land Preservation Committee and also the head of the Land Preservation Department. SUPERVISOR RUSSELL: She said, we have someone else who serves as chair I believe. It would be John Sepenoski. MR. SCHWARTZ: Oh, I am sorry. Excuse me. She is a member of the Committee, she is not the chair. I think the Department and the Committee are doing good work with the Town Board's blessing and approval, I don't, I just got this plan today, it doesn't really read like a plan to me, it is more like a report. COUNCILMAN KRUPSKI: It is a requirement, it is a new requirement that the state came up with based on the 2 % land preservation law, that the Town's have to have an approved plan in order to make sure that the money expended, that it was collected at the CPF Management and Stewardship Plan 2009 Public Hearing March 24, 2009 2 % transaction, be spent appropriately and not be spent willy nilly. Alright? So everything that we spend on stewardship has to be according to this approved plan. It is a new requirement. We did one for half of 2008, we adopted it last summer when it was required of all the five towns that adopt a plan and this is the plan for 2009 and every year we will have to do adopt a new plan. SUPERVISOR RUSSELL: You mentioned that it looks like a report, essentially it is a report. We are reporting in advance what money we anticipate spending on preserved properties over the next year. So that the state, you know, recent efforts to make this program more transparent, they want the town's to disclose in advance before we spend money to make sure the public has plenty of opportanity to comment on how we are spending the money with regard to these preserved properti,es. MR. SCHWARTZ: I apologize, I haven't had much time to look at this. I just got it today. And I would, I will take some time to look at it but for a couple of years, I have been interested in what the land preservation programs in Southold Town have accomplished and I think that there are a lot of people that would be interested in that information if it were more readily available. So at least this is a start in that direction. COUNCILMAN KRUPSKI: Well, if you want tO be more interested from the beginning of the process, it will be renewed every year and get involved and review it next year while it is in the making. JUSTICE EVANS: And also, the Land Preservation Department does generate a report quarterly, I think, that gives a pretty statistical analysis of where we are as far as preservation of land out here. MR. SCHWARTZ: Well, this is a public hearing. The purpose of a public hearing is to get feedback from the public but this plan was not readily available. I had to run around looking for it today in Town Hall. SUPERVISOR RUSSELL: It came to us February 24th, but I don't know why it was so unavailable today. But it had been delivered to us... TOWN CLERK NEVILLE: It was an advertised meeting. MR. SCHWARTZ: Is there a reason why it wasn't posted online? In February? COUNCILMAN WICKHAM: It would also have to have been printed in the newspaper as a legal in order to have been on the docket for tonight. TOWN CLERK NEVILLE: It wag. Here is the affidavit. MR. SCHWARTZ: Well, I didn't have time to read the paper. Thank you. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on this CPF Management and Stewardship Plan 2009 Public Hearing 5 March 24, 2009 particular issue? (No response) This hearing was closed at 8:17 PM Southold Town Clerk r-,~® USAirbill ....~ 8619 6235 7552 Express ""'"~" 1067-70~9--8 Senders ELIZABETH NEVILLE Name Phone (631 )755--1800 TOWN OF SOUTHOLD Company 53095 ROUTE 25 SOUTHOLD NY 11 c271-4&42 4a ~ Packag. Sewice FedEx PfioriW Ovemight FedEx Standard O,~might 4b F. xl~m~ Freight Sewice 5 Packaging ~L~EX FedEX Pal(* [] FedEx [] Other JSander [] Re¢ipier~ [] Third Pa~ [] Cred~CBrd [] CBsh/Check I!1 m DAVID A. PATERSON GOVERNOR STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA 99WASHINGTONAVENUE ALBANY, NY 12231-0001 LORRAINE A. CORTI~S-VAZQUEZ SECRETARY OF STATE ATTN: LYNDA M. RUDDER OFFICE OF THE TOWN CLERK TOWN HALL, 53095 MAIN ST. PO BOX 1179 SOUTHOLD NY 11971 April 15, 2009 RECEIVED APR 20 L~09 , Southold Town Cleric RE: TOWN of SOUTHOLD, Local Law No. 5, 2009, filed on 4113109 Dear Sir/Madam: The above referenced material was received and filed by this office as indicated. Additional local law filing forms can be obtained from our website, www.dos, state, ny. us/corp/misc, html. Sincerely, Linda Lasch principal Clerk State Records and Law Bureau (518) 474-2755 WWW.DOS.STATE.NY.US E-MAIL: INFO~DO~,STA~.NY.US Rudder, L~nda From: Sent: To: Subject: ezsupp [ezsupp@generalcode.com] Friday, April 10, 2009 9:14 AM Rudder, Lynda RE: Thank you for your e-mail. If you are sending legislation for your next Code supplement, it will be processed in the usual manner. All other messages will be forwarded to the appropriate person, who will respond to your inquiry as soon as possible. If you have any questions, please do not hesitate to call or e' mail your Account Representative. General Code 1-800-836-8834 ezsupp@generalcode.com ELI~ABE~ A. NEVHJ.E, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 10, 2009 Federal Express Linda Lasch New York State Department of State State Records and Law Bureau 41 State Street Albany, NY 12231 RE: Local Law Number 5 of 2009 Town of Southold, Suffolk County ~Dear Ms. Lasch: In accordance with provisions of Section 27 of the Municipal Home Rule Law, I am enclosing herewith certified copies of Local Law Number 5 of 2009 of the Town of Southold, suitable for filing in your office. I would appreciate if you would send me a receipt indicating the filing of the enclosures in your office. Thank you. Enclosures cc: Town Attorney Very truly yours, Lynda M Rudder Southold Deputy Town Clerk Local Law Filing NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET ALBANY1 NY 12231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. rn County n City [] Town o£ SOUTHOLD r~ Village Local Law No. 5 of the year 2009. A Local Law entitled, A Local Law in relation to the Town of Southold Community Preservation Fund Management and Stewardship Plan 2009 Be it enacted the Town Board of the: rn County r~ City [] Town of r~ Village SOUTHOLD I. PURPOSE In compliance with the Peconic Bay Community Preservation Fund, the Land Preservation Department has prepared a Community Preservation Fund Management and Stewardship Plan for real property interests acquired through the fund. This plan must be adopted by local law and all expenditures from the fund for management and stewardship functions must be in compliance with the terms of the plan. II. Chapter 17 of the Code of the Town of Southold is hereby amended as follows: § 17-13A. Community Preservation Fund Management and Stewardship Plan adopted. A. The Town Board of the Town of Southold hereby approves and adopts the Town of Southold Community Preservation Management and Stewardship Plan 2009 for real property interests acquired by use of moneys from the Town of Southold Community d dbyth r~ .~ ,n~T~o ........ Preservation Fun , prepare e Land Preservation ~.~pa..men ................... on ............. Coordinator, Director of the Department of Public Works, and the Stewardshl oordmat (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239(Rev.05/05) presented to the Town Board during the Work Session of August ! 2, 2992 February, 24~ 2009, and intended to be the management and stewardship plan required by ~ § 64-e ~ of the New York State Town Law. IlL IV. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. 5 of 20 09 . of the (Czxx~')(C~.~')(Town) (~q~g~) of SOUTHOLD was duly passed by the TOWN BOARD on March 24 ,20 09 , in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval, no disapproval or re-passage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved)(re-passed after disapproval) by the and was deemed duly adopted on 20 in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approvedXnot approvedXrepassed after disapproval) by the on 20 . Such local law was submitted to the people by reason ofa (mandatory)(permissive) referendum, and received the affirmative vote ora majority of the qualified electors voting thereon at the (general)(special)(annual) election held on 20 , in accordance with the applicable provisions of law. 4.~ (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approvedXnot approved) (repassed after ' disapproval) by the on 20__ Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 , in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county- wide basis or, If there be none, the chairperson of the county legislative body, the mayor ora city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the.affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on 20 __, became operative. 6. (Counly local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No of 20 of the County of State of New York, having been submitted to the electors at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript there from and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph I , above. (Seal) Clerk of the County legislative body. City. Town or Village Clerk or officer designated by local legislative body Elizabeth A. Neville, Town Clerk Date: April 8~ 2009 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF SUFFOLK 1, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. F'X fer And~/oro, Esq., Assistant Town Attorney Lori Hulse~ Esq.~ Assistant Town Attorney Title Town of Date: SOUTHOLD April 8~ 2009 ~ Southold Town Board - Letter Board Meeting of March 24, 2009 RESOLUTION 2009-277 ADOPTED Item # 5.51 DOC ID: 4828 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-277 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 24, 2009: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 24th day of February, 2009, a Local Law entitled "A Local Law in relation to the Town of Southold Community Preservation Fund Management and Stewardship Plan 2009" now, therefore, be it WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law on the 24th day of March, 2009, at which time all interested persons were given an opportunity to be heard; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to the Town of Southold Community Preservation Fund Management and Stewardship Plan 2009" which reads as follows: LOCAL LAW NO. ~ 2009 A Local Law entitled, "A Local Law in relation to the Town of Southold Community Preservation Fund Management and Stewardship Plan 2009". BE IT ENACTED by the Town Board of the Town of Southold hs follows: Generated April 2, 2009 Page 70 Southold Town Board ~ Letter Board Meeting of March 24, 2009 I. PURPOSE II. In compliance with the Peconic Bay Community Preservation Fund, the Land Preservation Department has prepared a Community Preservation Fund Management and Stewardship Plan for real property interests acquired through the fund. This plan must be adopted by local law and all expenditures from the fund for management and stewardship functions must be in compliance with the terms of the plan. ChaPter 17 of the Code of the Town of Southold is hereby amended as follows: § 17-13A. · Community Preservation Fund Management and Stewardship Plan adopted. The Town Board of the Town of Southold hereby approves and adoptS the Town of Southold Community Preservation Management and Stewardship Plan 2009 for real property interests acquired by use of moneys from the Town of Southold Community Preservation Fund, prepared by the Land Preservation ,~ ......................................... Coordinator, Director of the Department of Public Works~ and the Stewardship Coordinator, fc, r ~u~e ~zr~e,d Ju ~, ......... r~ ............. , .... , presented to the Town Board during the Work Session of · FebrUary 24, 2009, and intended to be the management and stewardship plan required by ................. § 64-e (6) of the New York State Town Law. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affec~ 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. Generated April 2, 2009 Page 71 Southold Town Board - Letter Board Meeting of March 24, 2009 Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Albert Krupski .~r., Councilman AYES: Ruland, Orlando, Krupski .~r., Wickham, Evans, Russell Generated April 2, 2009 Page 72 Southold Town Board - Letter Board Meeting of March 24, 2009 RESOLUTION 2009-276 ADOPTED Item # 5.50 DOC ID: 4827 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-276 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 24, 2009: RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed local law entitled "A Local Law in relation to the Town of SoUthold Community Preservation Fund Management and Stewardship Plan 2009" 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, LWRP Coordinator, dated March 5, 2009, 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. Elizabeth A. Neville S0uthoid Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Albert Krupski Jr., Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, KruPSki Jr., Wickham, Evans, Russell Generated April 2, 2009 Page 69 Post Office Box 569 Bddgehampton, NY 11932 Tel: 63C537.1400 Fax: 63h5372201 Post Office Box 1792 SouthOIdr NY 11971 Tel; 631./65.6450 Fax: 631.765.6455 President Robert S. OeLuca Chairman William S. McChesney, Jr. Vice Chairman Ann Colley Board Members A. Barer Leahy Birch W. Marco Birch Wilhelmus B. Bryan Mark Burchill Andrew goldstein Gregory Hoogkamp Ronald S. Lauder Sandra R. Meyer Christopher Pia Peter Schellbach John Shea John C. Waddell Mary Walker March 23, 2009 Supervisor Scott Russell & Members of the Town Board Southold Town P.O. Box 1179 Southold, NY 11971 Re: CPF Management ad Stewardship 2009 Dear Supervisor Russell & Members of the Town Board, On behalf of Group for the East End, please accept the following comments in relation to the proposed Community Preservation Fund Management and Stewardship Plan 2009. Group for the East End supported the recently adopted legislation that mandated the establishment of stewardship plans for lands acquired by the CPF. We strongly believe that these plans provide a transparent working document that helps to ensure the stewardship and maintenance of CPF parcels in order to protect the ecological health of the parcels and to provide a variety of benefits to the public. Therefore, we support the proposed Town of Southold's Community Preservation Fund Mana£ement and Stewardship Plan 2009. Historically, Group for the East End has engaged in a variety of ecological restoration projects throughout the East End ranging from beach grass plantings, native species plantings, trail and beach clean-ups, osprey pole construction and maintenance to invasive species removal. Our organization with the help of our members and volunteers continually partner with municipalities to complete these projects. Additionally, we have worked with many school groups over the years, for instance the Group has partnered with Sag Harbor Elementary School for the last seven years to restore 6 coastal habitat in the Sag Harbor area. The Group has also worked on a number of long-term projects such as the invasive species removal at Louse Point in the Town of East Hampton. After the We protect and restore the environment of eastern Long Island through educatiOflr citizen action and public advocacy. founded in 1972 www.groupfortheeastend.org GP, J UP FOR T~ [~[AST END invasive plant removal the Group follows with native species plantings to help restore the natural dune system. As the Town of Southold moves forward with the adoption of the proposed plan we believe that there are a number of great opportunities for collaboration with the stewardship of parcels throughout the Town such as helping to re-vegetate the proposed dune area on the Bittner parcel or helping to remove invasive species such as lapanese knotweed in the Arshamomaque Preserve. We look forward to working with the Town on a variety of restoration projects. Please reach out to us at your convenience and we would be happy to discuss future plans. Thank you for taking the time to review our thoughts and suggestions. If you have any questions or comments please feel free to contact me at your convenience. I can be reached at (631) 765-6450 ext. 211 or at jhartnagel@eastendenvironment.org Sincerely, |enn Hartnage Environmental ^dvocate #9206 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1__ week(s), successively, commencing on the 19th day of March, 2009. Principal Clerk Sworn to before me this LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of SouthoId, Suffolk County, New York, on the 24th day of February, 2009, a Local Law entitled "A Local Law in relation to the Town of Southold Community Preservation Fund Management and Stewardshin Plan 2009" AND NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold wilI hold a public hearing on the afore- said LocaI Law at the Soutbold Town Hall, 53095 Main Road, Southold, New York, on the 24th day of l~ch at 7'.33 ~ at which time all interested per- sons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation Io the Town of Southold Community Preservation Fund Mana~_emenI and Stewardship_ Plan 2009" reads as follows: LOCAL LAW NO, ~009 A Local Law entitled, "A Local Law in relation to the Town of Southold Com- munity Preservation Fund Mana_eement ·nd Stewardshin Plan 20~9". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. PURPOSE In compliance with the Peconic Bay Community Preservation Fund, the Land Preservation Department has pre- pared a Community Preservat on Fund Management and Stewardship Plan for real property interests acquired through the fund. This plan must be adopted by local law and all expenditures from the fund for management and stewardship functions must be in compliance with the terms of the plan, H. Chapter 17 of the Code of the Town of Southold is hereby amended a~ follows: § 17-13A. Community Preservation Fund Management and Stewardship Plan adopted. A. The Town Board of the Town of Southold hereby approves and adopts the Town of Southold Commundy Pres ervation Management and Stewardship Plan 2009 for real property interests ac- quired by use of moneys from the Town of Southold Community Preservation Fund, prepared by the Land Prese~-za- Stewardshio Coordinator, ~ C ~'~I,:TINA VOL~NSKI NOTAry i,,j[,,,,.iC.$TAT~ OF NEW YORK No 01-VO610.5050 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD RECEIVED To: Town o£ Southold Town Board / From: Mark Terry, Principal Planner ~ J~,~ 5 ~ LWRP Coordinator Date: March 5, 2009 Sout~oJdTown Clerk Re: "A Local Law in relation to the Town of Southold Community Preservation Fund Management and Stewardship Plan 2009". The Town of Southold Community Preservation Fund Management and Stewardship Plan 2009 has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department as well as the records available to me, it is my recommendation that the proposed action directly and indirectly supports and furthers the below denoted Policy Standards and therefore is CONSISTENT with the LWRP. Policy 1. Foster a pattem of development in thc Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. Policy 5. Protect and improve water quality and supply in the Town of Southold. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem. Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. Please contact me at (631) 765-1938 if you have any questions regarding the above recommendation. Cc: Patricia Finncgan, Town Attorney Melissa Spiro, Land Preservation Coordinator LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 24th day of February, 2009, a Local Law entitled "A Local Law in relation to the Town of Southold Community Preservation Fund Management and Stewardship Plan 2009" AND NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 24th day of March at 7:33 pm 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 the Town of Southold Community Preservation Fund Management and Stewardship Plan 2009" reads as follows: LOCAL LAW NO. 2009 A Local Law entitled, "A Local Law in relation to the Town of Southold Community Preservation Fund Management and Stewardship Plan 2009". BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. PURPOSE In compliance with the Peconic Bay Community Preservation Fund, the Land Preservation Department has prepared a Community Preservation Fund Management and Stewardship Plan for real property interests acquired through the fund. This plan must be adopted by local law and all expenditures from the fund for management and stewardship functions must be in compliance with the terms of the plan. Il. Chapter 17 of the Code of the Town of Southold is hereby amended as follows: § 17-13A. Community Preservation Fund Management and Stewardship Plan adopted. A. The Town Board of the Town of Southold hereby approves and adopts the Town of $outhold Community Preservation Management and Stewardship Plan 2009 for real property interests acquired by use of moneys from the Town of Southold Community Preservation Fund, prepared by the Land Preservation r~,~, ~ Coordinator~ Director of the Department of Public Works and the Stewardship Coordinator ~a~o,~. ..... ~.r~ ....~ ~nao tedtoth To Boardd i g ......... ~, .............. , .....presen e wn ur n ^ ....... 2008 Februar~ 24~ 2009~ and the Work Session of, ~,.~,.o~ ~ '~ intended to be the management and stewardship plan required by amendmems4e § 64-e ~ of the New York State Town Law. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Dated: March 10, 2009 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON March 19~ 2009 AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, P.O. BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Board Members Town Attorney Land Preservation Comptroller Town Clerk's Bulletin Board STATE OF NEW YORK ) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the 16th day of March , 2009, she affixed a notice of which the annexed printed notice is a tree copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. RLik. abeth A. Neville Southold Town Clerk Sworn before me this 16th March, 2009. .~ · N&ary Public LYNDA M. BOHN NOTARY PUBLIC, State of New York No. 01BO6020932 Qualified in Suffolk County Term Expires March 8, 20 j..L' Page 1 of 1 Rudder, Lynda From: Rudder, Lynda Sent: Wednesday, March 11, 2009 12:10 PM To: 'legals@timesreview,com' Subject: Publication 3/19/09 Please publish in the 3/19/09 edition of the Suffolk Times and acknowledge receipt of this email, thank you Lynda M Rudder Lynda M Rudder Deputy Southold Town Clerk Principal Account Clerk 53095 Main Road PO Box 1179 Southold, NY 11971 (631)765-1800 ext 265 3/16/2009 Southold Town Board - Letter Board Meeting of March 10, 2009 RESOLUTION 2009-214 ADOPTED Item # 12.12 DOC ID: 4829 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-214 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 10, 2009: RESOLVED that the Town Board of the Town of Southold hereby .amends Resolution #2009~ 191~ adopted at thc February 24~ 2009 regular Town Board meeting to read as follows: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 24th day of February, 2009, a Local Law entitled "A Local Law in relation to the Town of Southold CommuniB' Preservation Fund Management and Stewardship Plan 2009" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 40~' ~ayv.~ .,.u.~s~'~.., -w~aa° ~.~' ~:22 ~.m. 24th day of March at 7:33 pm 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 the Town of Southold Community Preservation Fund Management and Stewardship Plan 2009" reads as follows: LOCAL LAW NO. 2009 A Local Law entitled, "A Local Law in relation to the Town of Southold Community Preservation Fund Management and Stewardship Plan 2009". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. PURPOSE In compliance with the Peconic Bay Community Preservation Fund, the Land Generated March 16, 2009 Page 17 Southold Town Board - Letter Board Meeting of March 10, 2009 II. Preservation Department has prepared a Community Preservation Fund Management and Stewardship Plan for real property interests acquired through the fund. This plan must be adopted by local law and all expenditures from the fund for management and stewardship functions must be in compliance with the terms of the plan, Chapter 17 of the Code of the Town of Southold is hereby amended as follows: § 17-13A. (~ommunity Preservation Fund Management and Stewardship Plan adopted. A. The Town Board of the Town of Southold hereby approves and adopts the Town of Southold Community Preservation Management and Stewardship Plan 2009 for real property interests acquired by use of moneys from the Town of Southold Community Preservation Fund, prepared by the Land Preservation r~ ....... · ~ ~ ~ o ....... ~:^~ r,~:~ ~v .......................................... Coordinator, Director of the Department of Public Works, and the Stewardship Coordinator ........ v ........ ~ -, ......... ~ .................... presented to the Town Board during thc Work Session of Aug~::t '~.~, .-vv.~na° February 24, 2009, and intended to be the management and stewardship plan required by amendmem-s<~ § 64-c (6) of thc New York State Town Law. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Kru ~ski Jr., Wickham, Evans, Russel Gener~edMarch 16, 2009 Page 18 Southold Town Board - Letter Board Meeting of February 24, 2009 RESOLUTION 2009-191 ADOPTED Item # 4.36 DOC ID: 4795 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-191 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 24, 2009: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 24th day of February, 2009, a Local Law entitled "A Local Law in relation to the Town of Southoid Community Preservation Fund Management and Stewardship Plan 2009" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on'the aforesaid Local Law atthe Southold Town Hall, 53095 Main Road, Southold, New York, on the l0th day of March, 2009 at 4:32 p.m. at which time all interested persons will be g~ven an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to the Town of Southold Community Preservation Fund Management and Stewardship Plan 2009" reads as follows: LOCAL LAW NO. 2009 A Local Law entitled, "A Local Law in relation to the Town of Southold Community Preservation Fund Management and Stewardship Plan 2009". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. PURPOSE In compliance with the Peconic Bay Community Preservation Fund, the Land Preservation Department has prepared a Community Preservation Fund Management and Stewardship Plan for real property interests acquired through the fund. This plan must be adopted by local law and all expenditures from the fund for management and stewardship functions must be in compliance with the terms of the plan. Generated February 27, 2009 Page 73 Southold Town Board - Letter Board Meeting of February 24, 2009 ii. Chapter 17 of the Code of the Town of Southoid is hereby amended as follows: § 17-13A. Community Preservation Fund Management and Stewardship Plan adopted. The Town Board of the Town of Southold hereby approves and adopts the Town of Southold Community Preservation Management and Stewardship Plan 2009 for real property interests acquired by use of moneys from the Town of Southold Community Preservation Fund, prepared by the Land Preservation D~v ......................................... Coordinator, Director of the Department of Public Works~ and the Stewardship Coordinator ....... ~ ........ ; .......... ,, .............. , ..... presented to the Town Board during the Work Session of, .... ..... ,2008 February 24, 2009~ and intended to be the management and stewardship plan required byar.~_.._v_.~-~ ....... ..~ § 64-e (6~ of the New York State Town Law. IlL SEVERABILITY If any clause, sentence, paragraph, section, or pan 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. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Ruland, Orlando, I(rupski Jr., Wickham, Evans, Russell Generated February 27, 2009 Page 74