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HomeMy WebLinkAboutAG-03/09/2010 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 AGENDA SOUTHOLD TOWN BOARD March 9, 2010 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 March 9, 2010 at Meeting Hall, 53095 Route 25, Southold, NY. I. REPORTS 1. Judge Bruer Monthly Report February 2010 2. NFAWL Financial Statements March 2009 December 2009 3. Recreation Dept February 2010 4. Island Group Claim Lag 2/1/2009 to 1/31/2010 5. Local Waterfront Revitalization Program 2009 Year End Report on the Implementation of the LWRP 6. Summary Status of Planning Board Grants 2009 Year End Grant Summary 7. Town Clerk January 2010 Southold Town Meeting Agenda - March 9, 2010 Page 2 8. Special Projects Coordinator February 2010 9. Dept of Public Works February 2010 II. PUBLIC NOTICES 1. N Y S Liquor License Renewal Four Crows Inc, Croteau Farm Vineyards, 1450 South Harbor Rd., Southold 2. N Y S D E C - Notice of Incomplete Application Pine Neck roadway, R/R boat ramp, install upland stormwater catch basin LPs & stone replacement III. COMMUNICATIONS IV. DISCUSSION 1. 9:00 A.M. - John Cushman & Munistat Representatives Multi-year Budget Plan 2. 10:00 A.M. - John Cushman ATM At Town Hall 3. 10:15 A.M. - Phillip Beltz & Supervisor Russell State of the Town Address & Report 4. 10:30 A.M. - Jim McMahon Staffing Request 5. 10:45 A.M. - Ken Reeves Beach Attendant Schedule 6. 11:00 A.M. - Peter Young Offshore Lighthouses Stewardship Agreement (draft) 7. 11:15 A.M. - Peter Meeker Energy Committee Update/Recommendations 8. 11:30 A.M. - Jamie Richter Southold Animal Shelter 9. 11:45 A.M. - Ben Suglia, Mattituck Lions Southold Town Meeting Agenda - March 9, 2010 Page 3 Water on Strawberry Fields 10. 12:00 P.M. - Mark Terry Goldsmith Inlet Cleanup 11. 12:30 P.M. - Mark Terry TDR Grant - General Overview 12. 1:00 P.M. - Chris Baiz, Agricultural Advisory Legislative Recommendations 1:30 P.M. - LUNCH 13. Councilman Krupski Town Board Member Representation to EE Transportation 14. Appointment to FI Waste Management Board of Commissioners 15. Committees Vacancies & Appointments 16. Recommendations/Input from Committees 17. Referrals to Committees 18. 2:00 P.M. - EXECUTIVE SESSION - Jim Bunchuck Matters involving employment issues of particular persons 19. Appeal to FOIL Decision by Benja Schwartz V. RESOLUTIONS 2010-193 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby March 9, 2010. Southold Town Meeting Agenda - March 9, 2010 Page 4 ? Vote Record - Resolution RES-2010-193 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-194 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Set Next Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, March 23, 2010 at the Southold Town Hall, Southold, New York at 7:30 P. M.. ? Vote Record - Resolution RES-2010-194 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-195 CATEGORY: Budget Modification DEPARTMENT: Human Resource Center Budget Mod HRC Gifts & Donations ADC Fiscal Impact: To reallocate gift and donation revenue RESOLVEDmodifies the that the Town Board of the Town of Southold hereby 2010 General Fund Whole Town budget as follows: To: Revenues Programs for the Aging A.2705.50 Gifts and Donations Adult Day Care Donations $250.00 Southold Town Meeting Agenda - March 9, 2010 Page 5 To: Programs for the Aging A.6772.4.100.120 Contractual Expense/Supplies Adult Day Care Supplies $250.00 ? Vote Record - Resolution RES-2010-195 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-196 CATEGORY: Attend Seminar DEPARTMENT: Police Dept Request for Captain Flatley to Attend the FBI National Academy 2010 Training Conference RESOLVED grants permission to that the Town Board of the Town of Southold hereby Captain Martin Flatley to attend the FBI National Academy 2010 Training Conference in Boston, Massachusetts from July 23, 2010 to July 28, 2010. All expenses for registration, lodging and travel to be a legal charge to the 2010 Police Training Budget Line- A.3120.4.600.200. Travel to be by department vehicle. ? Vote Record - Resolution RES-2010-196 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-197 CATEGORY: Budget Modification DEPARTMENT: Police Dept Budget Modification- Police Department Fiscal Impact: Donation received by the Police Department to be placed on the Office Equipment/Chairs Budget Line RESOLVEDmodifies the 2010 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: Southold Town Meeting Agenda - March 9, 2010 Page 6 To: Revenues: A.2705.40 Gifts & Donations $70.00 To: Appropriations: A.3120.2.200.200 Office Equipment/Chairs $70.00 ? Vote Record - Resolution RES-2010-197 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-198 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk 12Th Annual Mighty North Fork Triathlon Fiscal Impact: Total PD cost for event - $570.56 RESOLVEDgrants permission for the that the Town Board of the Town of Southold hereby th Event Power to hold it’s "12 Annual Mighty North Fork Triathlon" , at Cedar Beach Park, Sunday, July 11, 2009 Southold, New York, on using the following roads: Cedar Beach Road Paradise Point Road Main Bayview Road Jacobs Lane N. BayviewRoad Brigantine Drive Harbor Light Road Windjammer Drive Anchor Lane Dayton Road North Parish Drive Pine Neck Road Baywater Avenue South Harbor Hiawathas Path Nokomis Road Minnihaha Blvd. Longview Lane Watersedge Way Rambler Road provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured, a remuneration fee of $575.00 for traffic control and $500.00 deposit for clean-up (deposit to be returned after event upon recommendation of Captain Flatley, Southold Town Police Department), and their efforts to control noise and a good faith effort to notify neighbors in advance of event, and secure permission from Suffolk County Parks, Recreation and Conservation for their use of Cedar Beach Park facility. Applicant must contact Captain Flatley to coordinate traffic control upon notification of the adoption of this resolution. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. Southold Town Meeting Agenda - March 9, 2010 Page 7 ? Vote Record - Resolution RES-2010-198 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-199 CATEGORY: Grants DEPARTMENT: Land Preservation TNC NOAA / CELCP Grant Proposal Submission RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the The Nature Conservancy (“TNC”), acting on behalf of the Town of Southold and pursuant to the Conservation Services contract between the Town and TNC, to work with the New York State Department of State to prepare and submit a grant proposal, due April 9, 2010, to the United States Department of Commerce, National Oceanic and Atmospheric Administration (NOAA) under the Coastal and Estuarine Land Conservation Program (CELCP) for 50% matching funds for the acquisition and remediation of properties located within the Pipe’s Cove area; and, be it further RESOLVED that any future offers made for these properties shall first be authorized by the Southold Town Land Preservation Committee and the Southold Town Board, and any Town participation in a future acquisition of the subject properties shall be authorized by a separate resolution of the Town Board, adopted after a public hearing on the purchase. ? Vote Record - Resolution RES-2010-199 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-200 CATEGORY: Budget Modification DEPARTMENT: Police Dept Budget Modification- Police Department Fiscal Impact: Southold Town Meeting Agenda - March 9, 2010 Page 8 For consulting services of Patricia Garsik, per Resolution No. 2010-80 RESOLVEDmodifies the 2010 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: From: A.3120.1.300.100 Seasonal/Temp Employees Regular Earnings $860 To: A.3120.4.500.300 Fee For Service, Non- Employ Police Consultant $860 ? Vote Record - Resolution RES-2010-200 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-201 CATEGORY: Bond DEPARTMENT: Town Clerk Amend Peconic School Bond RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED MARCH 9, 2010, AMENDING THE BOND RESOLUTION ADOPTED FEBRUARY 26, 2008 Recitals WHEREAS, the Town Board of the Town of Southold, in the County of Suffolk, New York, has heretofore duly authorized the (a) acquisition from the Southold Union Free School District, for use as a Town Recreation Center and for other Town Purposes, the certain parcel of land, containing 4.3 acres more or less, in the Town, known as the “Peconic School Property,” located at 1170 Peconic Lane including the Peconic School Building and all other buildings and improvements thereon, at the estimated maximum cost of $1,100,000 (the “Land Acquisition”) and (b) the construction of improvements to such Peconic School Building and all other buildings, at the estimated maximum cost of $250,000 (the “Building Improvements”); and WHEREAS, the estimated total cost of said specific objects or purposes, including preliminary costs and costs incidental thereto and the financing thereof, as stated in the bond resolution adopted by the Town Board on February 26, 2008, was $1,350,000; and WHEREAS, it has now been determined that the cost of the Land Acquisition is Southold Town Meeting Agenda - March 9, 2010 Page 9 $1,031,400; and WHEREAS, the scope of the work to be performed in connection with the Building Improvements has been increased to include asbestos and lead remediation, installation of restrooms, installation of a heating, ventilation and air condition system and other related work, and the estimated total cost of the Building Improvements, including preliminary costs and costs incidental thereto and the financing thereof, has now been determined to be $468,600; and WHEREAS, the Town Board has determined that it is necessary and in the public interest to (i) decrease the appropriation for the Land Acquisition by $68,600 and increase the appropriation for the Building Improvements by $68,600 and (ii) appropriate an additional $150,000 to reflect the revised costs and to fully fund the projects described herein; Now, therefore, be it RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK (by favorable vote of not less than two-thirds of all members of said Town Board) AS FOLLOWS: Section (A) The Bond Resolution of the Town of Southold adopted by the Town Board on February 26, 2008, entitled: “Bond Resolution of the Town of Southold, New York (“Town”), adopted February 26, 2008, authorizing the Town to (a) acquire from the Southold Union Free School District, for use as a Town Recreation Center and for other Town purposes, the certain parcel of land in the Town, containing 4.3 aces more or less, known as the “Peconic School Property,” located at 1170 Peconic Lane, and designated on the Suffolk County Land and Tax Map as 1000- 075.00-01.00-013.000, including the Peconic School Building and all other buildings and improvements thereon, at the estimated maximum cost of $1,100,000, and (b) construct improvements to such Peconic School Building and all other buildings, at the estimated maximum cost of $250,000; stating the estimated total cost thereof is $1,350,000; appropriating said amount therefor and authorizing the issuance of $1,350,000 serial bonds of said Town to finance said appropriation,” is hereby amended to read as follows: BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK (“TOWN”), ADOPTED FEBRUARY 26, 2008 AND AMENDED MARCH 9, 2010, AUTHORIZING THE TOWN TO: (A) ACQUIRE FROM THE SOUTHOLD UNION FREE SCHOOL DISTRICT, FOR USE AS A TOWN RECREATION CENTER AND FOR OTHER TOWN PURPOSES, THE CERTAIN PARCEL OF LAND IN THE TOWN, CONTAINING 4.3 ACES MORE OR LESS, KNOWN AS THE “PECONIC SCHOOL PROPERTY,” LOCATED AT 1170 PECONIC LANE, AND DESIGNATED ON THE SUFFOLK COUNTY LAND AND TAX MAP AS 1000-075.00-01.00-013.000, INCLUDING THE Southold Town Meeting Agenda - March 9, 2010 Page 10 PECONIC SCHOOL BUILDING AND ALL OTHER BUILDINGS AND IMPROVEMENTS THEREON, AT THE ESTIMATED MAXIMUM COST OF $1,031,400, AND (B) CONSTRUCT IMPROVEMENTS TO SUCH PECONIC SCHOOL BUILDING AND ALL OTHER BUILDINGS, AT THE ESTIMATED MAXIMUM COST OF $468,600; STATING THE ESTIMATED TOTAL COST THEREOF IS $1,500,000; APPROPRIATING SAID AMOUNT THEREFOR, INCLUDING THE EXPENDITURE OF $150,000 IN GRANT FUNDS AND OTHER AVAILABLE FUNDS TO PAY A PART OF SAID APPROPRIATION; AND AUTHORIZING THE ISSUANCE OF $1,350,000 SERIAL BONDS OF SAID TOWN TO FINANCE THE BALANCE OF SAID APPROPRIATION THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two- thirds of all the members of said Town Board) AS FOLLOWS: Section 1. The Town of Southold, in the County of Suffolk, New York (herein called the “Town”), is hereby authorized to: (a) acquire from the Southold Union Free School District, for use as a Town Recreation Center and for other Town Purposes, the certain parcel of land, containing 4.3 acres more or less, in the Town, known as the “Peconic School Property,” located at 1170 Peconic Lane, and designated on the Suffolk County Land and Tax Map as 1000-075.00-01.00-013.000, including the Peconic School Building and all other buildings and improvements thereon, at the estimated maximum cost of $1,031,400 (the “Land Acquisition”), and (b) construct improvements to such Peconic School Building and all other buildings, at the estimated maximum cost of $468,600 (the “Building Improvements”). The estimated total cost of said specific objects or purposes, including preliminary costs and costs incidental thereto and the financing thereof, is $1,500,000 and the said amount is hereby appropriated therefor. The plan of financing includes the expenditure of up to $150,000 grant funds and other available funds to pay a part of said appropriation, the issuance of not to exceed $1,350,000 serial bonds of the Town to finance the balance of said appropriation, and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Section 2. Serial bonds of the Town in the principal amount of not to exceed $1,350,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the “Law”), to finance a part of said appropriation. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness applicable to the Land Acquisition, for which $1,031,400 serial bonds are authorized to be issued, within the limitations of Section 11.00 a. 21(a) of the Law, is thirty (30) years; however, the maturity of said bonds shall not exceed twenty-five (25) years. The building or buildings to be improved are of Class “A” construction as defined by Section 11.00 a. 11(a) of the Law and the period of probable usefulness applicable to the Building Improvements, for which $468,400 serial bonds are authorized to be issued, within the Southold Town Meeting Agenda - March 9, 2010 Page 11 limitations of Section 11.00 a. 12(a)(1) of the Law, is twenty-five (25) years. (b) The proceeds of the bonds herein authorized, and any bond anticipation notes issued in anticipation of said bonds, may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) The Town Board of the Town, acting in the role of Lead Agency pursuant to the provisions of the New York State Environmental Quality Review Act, constituting Article 8 of the Environmental Conservation Law, and 6 N.Y.C.R.R., Regulations Part 617 (“SEQRA”) has heretofore determined that: (i) the Land Acquisition described herein is an Unlisted Action pursuant to SEQRA, which will not result in any significant adverse environmental impact and a negative declaration has been adopted and filed and (ii) the Building Improvements described herein are a Type II Action pursuant to SEQRA and no further review is required. (d) The proposed maturity of the bonds authorized by this resolution will exceed five (5) years. Section 4. Each of the bonds authorized by this resolution, and any bond anticipation notes issued in anticipation of the sale of said bonds, shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds, and any notes issued in anticipation of said bonds, shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town without limitation of rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds, and any notes issued in anticipation of the sale of said bonds, and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after Southold Town Meeting Agenda - March 9, 2010 Page 12 the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This bond resolution is subject to a permissive referendum and the Deputy Town Clerk of said Town of Southold is hereby authorized and directed to cause to be “The Suffolk published, in full, within ten (10) days after the adoption of this resolution, in Times,” a newspaper having general circulation in the Town and hereby designated the official newspaper of said Town for such publication, and posted on the sign board of the Town maintained pursuant to the Town Law, a Notice in substantially the following form: TOWN OF SOUTHOLD, NEW YORK PLEASE TAKE NOTICE that on March 9, 2010, the Town Board of the of Town of Southold, in the County of Suffolk, New York, adopted a resolution amending the bond resolution adopted by said Town Board on February 26, 2008, which bond resolution, as amended, is entitled: “Bond Resolution of the Town of Southold, New York (“Town”), adopted February 26, 2008 and amended March 9, 2010, authorizing the Town to (a) acquire from the Southold Union Free School District, for use as a Town Recreation Center and for other Town purposes, the certain parcel of land in the Town, containing 4.3 aces more or less, known as the “Peconic School Property,” located at 1170 Peconic Lane, and designated on the Suffolk County Land and Tax Map as 1000-075.00-01.00-013.000, including the Peconic School Building and all other buildings and improvements thereon, at the estimated maximum cost of $1,031,400, and (b) construct improvements to such Peconic School Building and all other buildings, at the estimated maximum cost of $468,600; stating the estimated total cost thereof is $1,500,000; appropriating said amount therefor, including the expenditure of $150,000 grant funds and other available funds to pay a part of said appropriation; and authorizing the issuance of $1,350,000 serial bonds of said Town to finance the balance of said appropriation” an abstract of which bond resolution concisely stating the purpose and effect thereof, being as follows: FIRST: AUTHORIZING said Town to (a) acquire from the Southold Union Free School District, for use as a Town Recreation Center and for other Town Purposes, the certain parcel of land, containing 4.3 acres more or less, in the Town, known as the “Peconic School Property,” located at 1170 Peconic Lane, and designated on the Suffolk County Land and Tax Map as 1000-075.00-01.00-013.000, including the Peconic School Building and all other buildings and improvements thereon, at the estimated maximum cost of $1,031,400 (the “Land Acquisition”), and (b) construct improvements to such Peconic School Building and all other buildings, at the estimated maximum cost of $468,600 (the “Building Improvements”); STATING the estimated total cost thereof, including preliminary costs, and costs incidental Southold Town Meeting Agenda - March 9, 2010 Page 13 thereto and the financing thereof, is $1,500,000; APPROPRIATING said amount therefor, including the expenditure of up to $150,000 grant funds and other available funds to pay a part of said appropriation, the issuance of not to exceed $1,350,000 serial bonds of the Town to finance the balance of said appropriation, and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable; SECOND: AUTHORIZING the issuance of $1,350,000 serial bonds of the Town pursuant to the Local Finance Law of the State of New York (the “Law”) to finance a part of said appropriation; THIRD: DETERMINING the period of probable usefulness applicable to the Land Acquisition, for which $1,031,400 serial bonds are authorized, is thirty (30) years; however the maturity of said bonds shall not exceed twenty-five (25) years; and the period of probable usefulness applicable to the Building Improvements, for which $468,600 serial bonds are authorized, is twenty-five (25) years; STATING that the proceeds of said bonds and any bond anticipation notes issued in anticipation thereof may be applied to reimburse the Town for expenditures made after the effective date of this bond resolution for the purposes for which said bonds are authorized; STATING that the Town Board of the Town, acting in the role of Lead Agency pursuant to the provisions of the New York State Environmental Quality Review Act, constituting Article 8 of the Environmental Conservation Law, and 6 N.Y.C.R.R., Regulations Part 617 (“SEQRA”) has heretofore determined that: (i) the Land Acquisition described herein is an Unlisted Action pursuant to SEQRA, which will not result in any significant adverse environmental impact and a negative declaration has been adopted and filed and (ii) the Building Improvements are a Type II Action pursuant to SEQRA and no further review is required; and the proposed maturity of said $1,350,000 serial bonds will exceed five (5) years; FOURTH: DETERMINING that said bonds and any bond anticipation notes issued in anticipation of said bonds and the renewals of said bond anticipation notes shall be general obligations of the Town; and PLEDGING to their payment the faith and credit of the Town; FIFTH: DELEGATING to the Supervisor the powers and duties as to the issuance of said bonds and any bond anticipation notes issued in anticipation of said bonds, or the renewals thereof; and SIXTH: DETERMINING that the bond resolution is subject to a permissive referendum. DATED: March 9, 2010 Linda J Cooper Deputy Town Clerk Section (B) The amendment of the bond resolution set forth in Section (A) of this resolution shall in no way affect the validity of the liabilities incurred, obligations issued, or Southold Town Meeting Agenda - March 9, 2010 Page 14 action taken pursuant to said bond resolution, and all such liabilities incurred, obligations issued, or action taken shall be deemed to have been incurred, issued or taken pursuant to said bond resolution, as so amended. Section (C) Said bond resolution, as amended, is subject to a permissive referendum. In the event that a valid petition protesting against said amended bond resolution and requesting that it be submitted to the electors of said Town for their approval or disapproval, is filed and the Proposition submitted therefor is defeated, the validity of the bond resolution adopted February 26, 2008, shall not be in any way affected and shall remain in full force and effect. Section (D) After said bond resolution, as amended, shall take effect, the Deputy Town Clerk is hereby authorized and directed to cause said bond resolution, as amended, to be Exhibit A published, in summary, in substantially the form set forth in attached hereto and made “The Suffolk Times,” a part hereof, in hereby designated the official newspaper for said publication, together with a Notice in substantially the form as prescribed by Section 81.00 of the Local Finance Law of the State of New York. Section (E) This amending resolution shall take effect immediately. * * * (NOTICE AND SUMMARY OF BOND RESOLUTION FOR PUBLICATION) NOTICE The resolution, a summary of which is published herewith, has been adopted on February 26, 2008 and amended on March 9, 2010, and an abstract thereof has been published and posted as required by law and the period of time has elapsed for the submission and filing of a petition for a permissive referendum and a valid petition has not been submitted and filed. The validity of the obligations authorized by such resolution may be hereafter contested only if such obligations were authorized for an object or purpose for which the Town of Southold, in the County of Suffolk, New York, is not authorized to expend money or if the provisions of law which should have been complied with as of the date of publication of this notice were not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of publication of the notice, or such obligations were authorized in violation of the provisions of the constitution. LINDA J COOPER Deputy Town Clerk EXHIBIT A BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK (“TOWN”), ADOPTED FEBRUARY 26, 2008 AND AMENDED MARCH 9, 2010, AUTHORIZING THE TOWN TO: (A) ACQUIRE FROM THE Southold Town Meeting Agenda - March 9, 2010 Page 15 SOUTHOLD UNION FREE SCHOOL DISTRICT, FOR USE AS A TOWN RECREATION CENTER AND FOR OTHER TOWN PURPOSES, THE CERTAIN PARCEL OF LAND IN THE TOWN, CONTAINING 4.3 ACES MORE OR LESS, KNOWN AS THE “PECONIC SCHOOL PROPERTY,” LOCATED AT 1170 PECONIC LANE, AND DESIGNATED ON THE SUFFOLK COUNTY LAND AND TAX MAP AS 1000-075.00-01.00-013.000, INCLUDING THE PECONIC SCHOOL BUILDING AND ALL OTHER BUILDINGS AND IMPROVEMENTS THEREON, AT THE ESTIMATED MAXIMUM COST OF $1,031,400, AND (B) CONSTRUCT IMPROVEMENTS TO SUCH PECONIC SCHOOL BUILDING AND ALL OTHER BUILDINGS, AT THE ESTIMATED MAXIMUM COST OF $468,600; STATING THE ESTIMATED TOTAL COST THEREOF IS $1,500,000; APPROPRIATING SAID AMOUNT THEREFOR, INCLUDING THE EXPENDITURE OF $150,000 GRANT FUNDS AND OTHER AVAILABLE FUNDS TO PAY A PART OF SAID APPROPRIATION; AND AUTHORIZING THE ISSUANCE OF $1,350,000 SERIAL BONDS OF SAID TOWN TO FINANCE THE BALANCE OF SAID APPROPRIATION The object or purpose for which the bonds are authorized is hereby authorized to (a) acquire from the Southold Union Free School District, for use as a Town Recreation Center and for other Town Purposes, the certain parcel of land, containing 4.3 acres more or less, in the Town, known as the “Peconic School Property,” located at 1170 Peconic Lane, and designated on the Suffolk County Land and Tax Map as 1000-075.00-01.00-013.000, including the Peconic School Building and all other buildings and improvements thereon, at the estimated maximum cost of $1,031,400, and (b) construct improvements to such Peconic School Building and all other buildings, at the estimated maximum cost of $468,600; the estimated total cost thereof being $1,500,000. The amount of obligations to be issued is $1,350,000, with the balance of $150,000 to be paid from grant funds and other available funds. The period of probable usefulness is thirty (30) years for the land acquisition and twenty- five (25) years for the building improvements; however, the maximum maturity of all bonds issued pursuant to this resolution shall be twenty-five (25) years. A complete copy of the bond resolution summarized above shall be available for public inspection during normal business hours at the office of the Deputy Town Clerk, at the Town Hall, 53095 Main Street, Southold, New York. Dated: March 9, 2010 Southold, New York Southold Town Meeting Agenda - March 9, 2010 Page 16 ? Vote Record - Resolution RES-2010-201 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-203 CATEGORY: Strawberry Fields DEPARTMENT: Recreation Strawberry Fields - Strawberry Festival RESOLVED that the Town Board of the Town of Southold does hereby grant permission to the Mattituck Lions Club to use Strawberry Fields in Mattituck from June 14 - 21, 2010 for the annual strawberry festival. Applicant must file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold and the County of Suffolk as additional insured’s. ? Vote Record - Resolution RES-2010-203 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-204 CATEGORY: Employment - Town DEPARTMENT: Accounting Resignation of Jeffrey R. Knight RESOLVEDaccepts the resignation of that the Town Board of the Town of Southold hereby Jeffrey R. Knight from the position of full-time Food Service Worker for the senior nutrition program at the Human Resource Center, effective March 3, 2010. Southold Town Meeting Agenda - March 9, 2010 Page 17 ? Vote Record - Resolution RES-2010-204 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-205 CATEGORY: Strawberry Fields DEPARTMENT: Recreation Strawberry Fields - East End GreenFest RESOLVED that the Town Board of the Town of Southold hereby grants permission to Syd and Deborah Dufton to use Strawberry Fields in Mattituck for the East End GreenFest on July 24 & 25, 2010 (Saturday and Sunday) from 8:00 AM to 8:00PM. Set-up on July 23, 2010 and breakdown and field restoration on July 26, 2010, subject to the conditions of the Town Board and the approval of the Town Attorney. Applicant must file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold and the County of Suffolk as additional insured’s. ? Vote Record - Resolution RES-2010-205 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-207 CATEGORY: Budget Modification DEPARTMENT: Police Dept Budget Modification- Police Department Fiscal Impact: To fix over-expended budget lines for the fiscal year 2009. Police overtime earnings were more than anticipated for the year and the vehicle impound line was over due to more impounds from crimes than anticipated for the year. RESOLVEDmodifies the 2009 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: Southold Town Meeting Agenda - March 9, 2010 Page 18 From: A.3120.1.100.100 Full Time, Regular Earnings $330 A.3120.4.400.750 Bicycle Maint & Repairs $378 Total $708 To: A.3120.1.100.200 Full Time, Overtime Earnings $330 A.3120.4.400.700 Vehicle Impound $378 Total $ 708 ? Vote Record - Resolution RES-2010-207 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-208 CATEGORY: Advertise DEPARTMENT: Human Resource Center Permission to Advertise for FSW Position at HRC RESOLVED that the Town Board of the Town of Southoldhereby authorizes and directs the Town Clerk to advertise for the position of full-time Food Service Worker for the senior nutrition program at the Human Resource Center at a rate of $25,917.12 per annum. ? Vote Record - Resolution RES-2010-208 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-209 CATEGORY: Legislation DEPARTMENT: Town Attorney LL/Amend Water Map - Browns Hills to SCPC & PB Southold Town Meeting Agenda - March 9, 2010 Page 19 RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to forward the proposed Local Law entitled “A Local Law to Amend the Town of Southold Water Supply Plan Map Extending a Water Transmission Main to the Browns Hills Subdivision in Orient” to the Suffolk County Planning Commission and the Southold Town Planning Board for their review and recommendation. ? Vote Record - Resolution RES-2010-209 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-210 CATEGORY: Bid Acceptance DEPARTMENT: Community Development Peconic Community Center Improvements RESOLVED accepts the bid of that the Town Board of the Town of Southold hereby Vetter Environmental Science, PO Box 1212, Smithtown, NY 11787 to furnish lead paint and asbestos remediation services in accordance with the Request for Proposals for the Peconic Community Center, prepared by James Richter, RA, dated February 2, 2010, the amount of $24,130, all in accordance with the Town Attorney. ? Vote Record - Resolution RES-2010-210 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-211 CATEGORY: Budget Modification DEPARTMENT: Public Works Building & Grounds - Light & Power Fiscal Impact: Utilities Budget, Light & Power underfunded RESOLVEDmodifies the that the Town Board of the Town of Southold hereby Southold Town Meeting Agenda - March 9, 2010 Page 20 2009 Building & Grounds, General Fund budget as follows: From: A.1620.4.200.100 Telephone $1,800 To: A.1620.4.200.200 Light & Power $1,800 ? Vote Record - Resolution RES-2010-211 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-212 CATEGORY: Budget Modification DEPARTMENT: Highway Department 2009 Budget Mod - Highway Fiscal Impact: The reason for the submitted budget modifications is due to the fact that the line items would otherwise be under-funded. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2009 Highway Fund Part Town budget as follows: To: DB.5110.1.100.300 General Repairs Personal Services Full Time Employees Vacation Earnings $ 6,993.00 DB.5110.1.100.400 General Repairs Personal Services Full Time Employees Sick Earnings $31,857.00 DB.5110.4.100.905 General Repairs Contractual Expense Supplies & Materials Asphalt Patch $ 57.00 DB.5130.1.100.200 Machinery Southold Town Meeting Agenda - March 9, 2010 Page 21 Personal Services Full Time Employees Overtime Earnings $ 2,409.00 DB.5140.4.600.300 Brush & Weeds/Miscellaneous Contractual Expense Miscellaneous Travel $ 23.00 DB.5142.4.100.975 Snow Removal Contractual Expense Supplies & Materials Plow Blades, Shoes, Wheels $ 5,520.00 TOTAL: $46,859.00 From: DB.5110.1.100.100 General Repairs Personal Services Full Time Employees Regular Earnings $ 38,850.00 DB.5110.4.100.915 General Repairs Contractual Expense Supplies & Materials Cement $ 57.00 DB.5140.4.600.600 Brush & Weeds/Miscellaneous Contractual Expense Miscellaneous Dues & Subscriptions $ 23.00 DB.5130.1.100.100 Machinery Personal Services Full-Time Employees Regular Earnings $ 2,409.00 DB.5142.4.100.525 Snow Removal Contractual Expense Supplies & Materials Snow Fence $ 4,000.00 DB.5142.4.100.920 Snow Removal Contractual Expense Supplies & Materials Sand $ 1,520.00 TOTAL: $ 46,859.00 ? Vote Record - Resolution RES-2010-212 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt Southold Town Meeting Agenda - March 9, 2010 Page 22 2010-213 CATEGORY: Attend Seminar DEPARTMENT: Human Resource Center Karen McLaughlin - Seminar RESOLVED that the Town Board of the Town of Southold grants permission to Karen McLaughlin, Town Director of Human Services to attend the State University of New York’s Conference “Agency Communities and Economic Challenges in Uncertain Times” at Stony Brook University’s Wang Center on March 10, 2010. The $ 25.00 registration fee shall be a legal charge to the Programs for the Aging budget for Seminars and Trainings. ? Vote Record - Resolution RES-2010-213 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-214 CATEGORY: Attend Seminar DEPARTMENT: Highway Department Peter Harris - Advocacy Day RESOLVED grants permission to that the Town Board of the Town of Southold hereby Superintendent of Highway Peter W. Harris to attend Advocacy Day in Albany, New York, on March 9 & 10, 2010. All expenses for registration, travel to be a legal charge to the 2010 Highway budget (meetings and seminars). ? Vote Record - Resolution RES-2010-214 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-215 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Southold Town Meeting Agenda - March 9, 2010 Page 23 Authorizes and Directs Supervisor Scott A. Russell to Execute an Agreement Between the Town of Southold and Nelson, Pope & Voorhis, LLC for Consulting Services in Connection with the Fishers Island Component of the Economic Chapter of the Town’s Comprehensive Plan RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an Agreement between the Town of Southold and Nelson, Pope & Voorhis, LLC for consulting services in connection with the Fishers Island component of the Economic Chapter of the Town’s Comprehensive Plan, at a cost not to exceed $7,000.00 (Budget Line B.8020.4.500.500 – Planning Consultant), subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2010-215 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-216 CATEGORY: Bond DEPARTMENT: Fishers Island Ferry District Bond FI Road Improve BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED MARCH 9, 2010, AUTHORIZING THE CONSTRUCTION OF IMPROVEMENTS TO VARIOUS ROADS ON FISHERS ISLAND, INCLUDING RELATED DRAINAGE IMPROVEMENTS, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $500,000, APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE, AND AUTHORIZING THE ISSUANCE OF $500,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two- thirds of all the members of said Town Board) AS FOLLOWS: Section 1. The Town of Southold, in the County of Suffolk, New York (herein called the “Town”), is hereby authorized to construct improvements to various roads on Fishers Island, including related drainage improvements. The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $500,000 and said amount is hereby appropriated for such purpose. The plan of financing includes the Southold Town Meeting Agenda - March 9, 2010 Page 24 issuance of $500,000 serial bonds of the Town to finance said appropriation, and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Section 2. Serial bonds of the Town in the principal amount of $500,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the “Law”), to finance said appropriation. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness applicable to the object or purpose for which said bonds are authorized to be issued, within the limitations of Section 11.00 a. 20 (c) of the Law, is fifteen (15) years. (b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized, or for such expenditures made on or before such effective date if the Town Board has made a prior declaration of intent to issue indebtedness therefor. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) The proposed maturity of the bonds authorized by this resolution will exceed five (5) years. (d) The Town Board of the Town, acting in the role of Lead Agency pursuant to the provisions of the New York State Environmental Quality Review Act (“SEQRA”), has heretofore determined that the said specific object or purpose hereinabove described in Section 1 is a Type II Action as defined in said Act and the Regulations promulgated thereunder and no further review is required. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town without limitation of rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 and Section 168.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of Southold Town Meeting Agenda - March 9, 2010 Page 25 the bonds herein authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, and as to the execution of agreements for credit enhancements, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution, or a summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This bond resolution is subject to a permissive referendum and the Town Clerk is hereby authorized and directed, within ten (10) days after the adoption of this “The Suffolk Times,” resolution, to cause to be published in a newspaper having a general circulation within said Town and hereby designated the official newspaper of the Town for such publication and posted on the sign board of the Town maintained pursuant to the Town Law, a Notice in substantially the following form: TOWN OF SOUTHOLD, NEW YORK PLEASE TAKE NOTICE that on March 9, 2010, the Town Board of the Town of Southold, in the County of Suffolk, New York, adopted a bond resolution entitled: “Bond Resolution of the Town of Southold, New York, adopted March 9, 2010, authorizing the construction of improvements to various roads on Fishers Island, including related drainage improvements, stating the estimated maximum cost thereof is $500,000, appropriating said amount for such purpose, and authorizing the issuance of $500,000 serial bonds of said Town to finance said appropriation,” an abstract of which bond resolution concisely stating the purpose and effect thereof, being as follows: FIRST: AUTHORIZING said Town to construct improvements to various roads on Fishers Island, including related drainage improvements; STATING the estimated maximum cost thereof, including preliminary costs, and costs incidental thereto and the financing thereof, is $500,000; APPROPRIATING said amount for such purpose; and STATING the plan of financing includes the issuance of $500,000 serial bonds of the Town to finance said Southold Town Meeting Agenda - March 9, 2010 Page 26 appropriation, and the levy of a tax upon all the taxable real property within the Town to pay the principal of said bonds and interest thereon; SECOND: AUTHORIZING the issuance of $500,000 serial bonds of the Town pursuant to the Local Finance Law of the State of New York to finance said appropriation; THIRD: DETERMINING and STATING that the period of probable usefulness applicable to the purpose for which said serial bonds are authorized to be issued is fifteen (15) years; the proceeds of said bonds and any bond anticipation notes issued in anticipation thereof may be applied to reimburse the Town for expenditures made after the effective date of this bond resolution for the purpose for which said bonds are authorized; and the proposed maturity of said $500,000 serial bonds will exceed five (5) years; and STATING that the Town Board, as Lead Agency pursuant to the provisions of the New York State Environmental Quality Review Act (“SEQRA”), has determined that the specific object or purpose hereinabove described is a Type II Action and no further review is required; FOURTH: DETERMINING that said bonds and any bond anticipation notes issued in anticipation of said bonds and the renewals of said bond anticipation notes shall be general obligations of the Town; and PLEDGING to their payment the faith and credit of the Town; FIFTH: DELEGATING to the Supervisor the powers and duties as to the issuance of said bonds and any bond anticipation notes issued in anticipation of said bonds, or the renewals thereof; and SIXTH: DETERMINING that the bond resolution is subject to a permissive referendum. DATED: March 9, 2010 Elizabeth A. Neville Town Clerk Section 8. The Town Clerk is hereby authorized and directed to cause said bond Exhibit A resolution to be published, in summary, in substantially the form set forth in attached hereto and made a part hereof, after said bond resolution shall take effect, in the newspaper referred to in Section 7 hereof, and hereby designated the official newspaper for said publication, together with a Notice in substantially the form as provided by Section 81.00 of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York. * * * EXHIBIT A NOTICE The resolution, a summary of which is published herewith, has been adopted on the 9th day of March, 2010, and an abstract thereof has been published and posted as required by law and the period of time has elapsed for the submission and filing of a petition for a permissive Southold Town Meeting Agenda - March 9, 2010 Page 27 referendum and a valid petition has not been submitted and filed. The validity of the obligations authorized by such resolution may be hereafter contested only if such obligations were authorized for an object or purpose for which the Town of Southold, in the County of Suffolk, New York, is not authorized to expend money or if the provisions of law which should have been complied with as of the date of publication of this notice were not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of publication of the notice, or such obligations were authorized in violation of the provisions of the constitution. ELIZABETH A. NEVILLE Town Clerk BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED MARCH 9, 2010, AUTHORIZING THE CONSTRUCTION OF IMPROVEMENTS TO VARIOUS ROADS ON FISHERS ISLAND, INCLUDING RELATED DRAINAGE IMPROVEMENTS, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $500,000, APPROPRIATING SAID AMOUNT THEREFOR, AND AUTHORIZING THE ISSUANCE OF $500,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION The object or purpose for which the bond are authorized is the construction of improvements to various roads on Fishers Island, including related drainage improvements, at the estimated maximum cost of $500,000 The amount of obligations to be issued is $500,000. The period of probable usefulness is fifteen (15) years. A complete copy of the bond resolution summarized above shall be available for public inspection during normal business hours at the office of the Town Clerk, at the Town Hall, 53095 Main Street, Southold, New York. ? Vote Record - Resolution RES-2010-216 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-218 CATEGORY: Landfill Misc. Southold Town Meeting Agenda - March 9, 2010 Page 28 DEPARTMENT: Solid Waste Management District Spring Brush Amnesty at LF Fiscal Impact: Schedule recommended by the Superintendent of Highways. RESOLVED by the Town Board of the Town of Southold that tip fees on residential brush accepted at the Cutchogue Compost Facility be waived beginning Thursday, April 1 and lasting through Sunday, May 16, such waiver to include brush delivered by commercial landscapers up to two (2) truckloads per day. This waiver shall not include applicable single-entry fees which shall remain in effect. ? Vote Record - Resolution RES-2010-218 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-219 CATEGORY: Budget Modification DEPARTMENT: Fishers Island Ferry District Budget Mod 2009 FIFD Fiscal Impact: Necessary to close out 2009 books modifies the 2009 Fishers RESOLVED that the Town Board of the Town of Southold hereby Island Ferry District budget as follows: To: SM.1310.4.000.000 Accounting $6,000 Unscheduled GASB 45 Report. SM.5710.1.000.000 Personnel Services 1,100 Payroll overage SM.5710.2.000.000 Repairs Ferry, Both 200 Additional boat supplies. SM.5710.2.000.200 Repairs Ferry, RP 2,600 Additional repairs for Race Point. SM.5710.4.000.000 Ferry Operations, Other 1,800 Fork lift tires, rock salt, etc. SM.5710.4.000.200 Utilities, Fishers Island 600 Southold Town Meeting Agenda - March 9, 2010 Page 29 Water Company surcharge SM.5710.4.000.500 Computer Operations 900 Additional software changes freight system. SM.5710.4.000.800 Uniforms 200 Uniform overage SM.5710.4.000.900 Credit card fees 2,200 No House Accounts, additional fees Total $15,600 From: SM.5710.4.000.300 Fuel Oil Vessels $15,600 Total $15,600 ? Vote Record - Resolution RES-2010-219 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-221 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Solid Waste Management District Canon Copier - SWMD RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute a lease agreement with Canon Business Solutions, Inc. to supply the Solid Waste District with a Canon IR1025if copier/scanner in the amount of $70.13 per month for 36 months beginning April 1, 2010 through March 31, 2013, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2010-221 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-220 CATEGORY: Seqra DEPARTMENT: Town Attorney Southold Town Meeting Agenda - March 9, 2010 Page 30 F.I. Road and Stormwater Improvement Projec SEQRA RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed “Fishers Island Road and Stormwater Improvement Project” project entitled is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action in accordance with the recommendation of Mark Terry dated March 9, 2009, and authorizes Supervisor Scott A. Russell to sign the short form EAF in connection therewith, and is consistent with the LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. ? Vote Record - Resolution RES-2010-220 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-222 CATEGORY: Public Service DEPARTMENT: Town Clerk Taping & 1/2 Page Ad for State of the Town Address RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Tow Clerk to place a ½ page advertisement in the Suffolk Times and retains the services of Allen Video for the taping of the State of the Town address. Southold Town Meeting Agenda - March 9, 2010 Page 31 ? Vote Record - Resolution RES-2010-222 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-223 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint Kimbell Miller to F/T Data Entry Operator RESOLVEDappoints Kimbell Miller to that the Town Board of the Town of Southold hereby the position of full-time Data Entry Operator for the Building Department effective March 11, 2010, at a rate of $33,502.56 per year. ? Vote Record - Resolution RES-2010-223 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-224 CATEGORY: Advertise DEPARTMENT: Town Clerk Advertise for CAC Member RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for the position of a member of the Conservation Advisory Council. ? Vote Record - Resolution RES-2010-224 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt Southold Town Meeting Agenda - March 9, 2010 Page 32 2010-225 CATEGORY: Committee Appointment DEPARTMENT: Town Attorney FI Waste Management District Commissioner Appointment RESOLVEDappoints Sarah that the Town Board of the Town of Southold hereby Malinowski to the Fishers Island Waste Management District Board of Commissioners to fulfill the remaining term of Richard Ahman, effective February 28, 2010 through December 31, 2010. ? Vote Record - Resolution RES-2010-225 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-226 CATEGORY: Fmla DEPARTMENT: Accounting Grant FMLA Leave to a Town Employee WHEREAS Employee #8648 has been out of work due to non-work related illness since January 26, 2010, and WHEREAS the Town Board of the Town of Southold is required to comply with the Family Medical Leave Act (FMLA) and the Town's collective bargaining agreement with the CSEA, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby grants an FMLA leave of absence for up to 12 weeks to Employee #8648 effective January 26, 2010. ? Vote Record - Resolution RES-2010-226 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt