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HomeMy WebLinkAboutTB-03/09/2010ELIZABETH A. NEVILLE TOWN CLERK REGISTKAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631) 765 - 1800 southoldtown.northfork.net MINUTES March 9, 2010 4:30 PM A Regular Meeting of the Southold Town Board was Meeting Hall, 53095 Main Road, Southold, NY. Supervisor ] PM with the Pledge of Allegiance to the Flag. 2010 4:30 Call to Order 4:30 PM Meeting called to order on March Southold, NY. I. Reports Judge Bruer Monthly Report February 2010 4all, 53095 Route 25, 2. NFAWL Financial March 2009 Recreation De 4. Island 2/1/2009 to /2010 Local Waterfront Revitalization Program 2009 Year End Report on the Implementation of the LWRP o Summary Status of Planning Board Grants 2009 Year End Grant Summary March 9, 2010 Southold Town Board Meeting Minutes 7. Town Clerk January 2010 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 MeMahon 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 Page 2 March 9, 2010 Page 3 Southold Town Board Meeting Minutes 11:30 A.M. - Jamie Richter Southold Animal Shelter 9. 11:45 A.M. - Ben Suglia, Mattituck Lions 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. 13. 14. 15. 16. 17. 18. 19. 1:00 P.M. - Chris Baiz, Agricultural Advisory Legislative Recommendations 1:30 P.M. - LUNCH Councilman Krupski Town Board Member Representation to EE Transportation Appointment to FI Waste Management Board of Commissioners Committees Vacancies & Appointments Recommendations/Input from Committees Referrals to Committees 2:00 P.M. - EXECUTIVE SESSION - Jim Bunchuck Matters involving employment issues of particular persons Fishers Island Community Board Installation of generator V. Resolutions Opening comments SUPERVISOR RUSSELL: Would everybody please rise and join in the Pledge of Allegiance to the Flag? Thank you. Would anybody like to comment on the agenda? (No response) Let's move forward. 2010-193 March 9, 2010 Page 4 Southold Town Board Meeting Minutes CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated March 9~ 2010. [] Adopted [] Adopted as Amended ~s/P,~ N0~y ~b~i~ ~b~ [] Defeated William Ruland Seconder [] [] [] [] [] Tabled vihcent 0r~and0 ~0ier [] [] [] [] [] Withdrawn Christopher Ta!bo~ Voter [] [3 [] [] [] Supervisor's Appt A!bett ~PSk! J[: vp~ [] ~ [] [] [] Tax Receiver's Appt [] Rescinded Louisa P' Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott RusselI Voter [] [] [] [] [] Supt Hgwys Appt 2010-194 CATEGOR~ DEPARTMENT: Set Meeting 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.. ,r' Vote~d ~ Resolution RE~.2010-I94 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Christopher Talbot Seconder [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Initiator [~ [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-195 CATEGOR~ DEPARTMENT: Budget Modification Human Resource Center Budget Mod HRC Girls & Donations ADC Fiscal Impact: To reallocate girl and donation revenue RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 General Fund Whole Town budget as follows: March 9, 2010 Page 5 Southold Town Board Meeting Minutes To: Revenues A.2705.50 To.' A.6772.4.100.120 Proerams for the Al~inl~ Gifts and Donations Adult Day Care Donations $250.00 Pro,rams for the A~in~ Contractual Expense/Supplies Adult Day Care Supplies $250.00 [] Adopted [] Adopted as Amended V~s~Ay~ : No/Nay Abstain Absent [] Defeated William Ruland Initiator [] [] [] [] [] Tabled Vincent Orlando Voter [] Withdrawn Christopher Talbot Voier [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt HgwTs Appt 2010-196 CATEGORY: DEPARTMENT: Attend Seminar Police Dept Request for Captain Flatley to Attend the FBI National Academy 2010 Training Conference RESOLVED that the Town Board of the Town of Southold hereby grants permission to 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 Reeord -Resolution RE8-20102196 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Initiator [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt [] Tax Receive/s Appt Albert Krupski Jr. Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scoil Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-197 CA TEGOR Y: DEPARTMENT: Budget Modification Police Dept Budget Modification- Police Department March 9, 2010 Page 6 Southold Town Board Meeting Minutes Fiscal Impact: Donation received by the Police Department to be placed on the Office Equipment/Chairs Budget Line RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 General Fund Whole Town budget as follows: To: Revenues: A.2705.40 Gifts & Donations $70.00 To.' Appropriations: A.3120.2.200.200 Office Equipment/Chairs $70.00 ¢' Vote Record - Re~olution RE8-2010-197 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] lq Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Albert Krupski Jr. Initiator [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Seconder V~ [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-198 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk 12Th Annual Mighty North Fork Triathlon Fiscal Impact: Total PD cost for event - $570.56 RESOLVED that the Town Board of the Town of Southold hereby grants permission for the Event Power to hold it's "12th Annual Migh .ty North Fork Triathlon", at Cedar Beach Park, Southold, New York, on Sunday, July 11, 2010 using the following roads: Cedar Beach Road Jacobs Lane Harbor Light Road Dayton Road Baywater Avenue Nokomis Road Watersedge Way Paradise Point Road N. Bayview Road Windjammer Drive North Parish Drive South Harbor Minnihaha Blvd. Rambler Road Main Bayview Road Brigantine Drive Anchor Lane Pine Neck Road Hiawathas Path Longview Lane 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 March 9, 2010 Page 7 Southold Town Board Meeting Minutes 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. [] Adopted [] Adopted as Amended yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Voter [] Withdrawn Christopher Taibot §~0hder [] Supervisor's Appt Albert Krupski Jr. Voter [] [] ( [] [] [] Tax Receiver's Appt Louisa P. Evans Initiator [] [] Town Clerk's Appt Scott Russell Voter [] Supt Hgwys Appt 2010-199 CATEGORY: DEPARTMENT: Grants 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. ~ V~e Record, Resointi6n RES~20i0~99 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated Willimn Ruland Voter [] [] [] [] [] Tabled Vincent Orland~Voter ~ F1 [3 [3 [] Withdrawn Christopher Talbot Initiator [] [] [] [] [] Supervisor's Appt Albert Kmpski Jr. Voter [] [] I~ [] [] Tax Receiver's Appt Louisa P. Evans Seconder [] [] [] [] [] Rescinded [] i [] [] [] [] Town Clerk's Appt Scott Russell Voter [] Supt Hswys Appt 2010-200 March 9, 2010 Page 8 Southold Town Board Meeting Minutes CATEGORY: Budget Modification DEPARTMENT: Police Dept Budget Modification- Police Department Fiscal Impact: For consulting services of Patricia Garsik, per Resolution No. 2010-80 RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 General Fund Whole Town budget as follows: From: A.3120.1.300.100 To: A.3120.4.500.300 Seasonal/Temp Employees Regular Earnings Fee For Service, Non- Employ Police Consultant $860 $860 ~' VoteRe~rd - Resolution RES-2010-200 1~ Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Initiator ~ [] [] [] [] Tabled Vincent Orlando Seconder [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Albert Kmpski Jr. Voter · [] Tax Receiver's Appt [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hlgwys 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"); March 9, 2010 Southold Town Board Meeting Minutes Page 9 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 $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 March 9, 2010 Page 10 Southold Town Board Meeting Minutes 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 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 March 9, 2010 Southold Town Board Meeting Minutes Page 11 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. 1 l(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 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 am 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 proscribing 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 March 9, 2010 Southold Town Board Meeting Minutes Page 12 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 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 published, in full, within ten (10) days after the adoption of this resolution, in "The Suffolk 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 Towh Purposes, the certain parcel of land, containing 4.3 acres more or less, in the Town, known as the "Peconic School March 9, 2010 Page 13 Southold Town Board Meeting Minutes 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 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 March 9, 2010 Page 14 Southold Town Board Meeting Minutes 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 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 published, in summary, in substantially the form set forth in Exhibit A attached hereto and made a part hereof, in "The Suffolk Times," 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 March 9, 2010 Page 15 Southold Town Board Meeting Minutes 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 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 March 9, 2010 Page 16 Southold Town Board Meeting Minutes [] Adopted [] Adopted as Amended ~es/Aye Ng~ay Ab~in ~b~nt [] Defeated William Ruland Voter [] [] [] [] [] Tabled ~i~e~nt Orlando In i ~t~r [] F1 [] 13 [] Withdrawn Christopher Talbot Voter ' ~ FI VI ~ ~VI [] Supervisor's Appt [] Tax Receiver's Appt ~i~a iL Ev~s Voter [] [] [] [] [] Rescinded ~ot~ ~ ~ VI [] Town Clerk's Appt Scott Russell [] Supt Hgwys Appt 11. Comments regarding resolution #201 COUNCILMAN TALBOT: I am glad to see that we are moving forward, starting to utilize properties that we already own and work towards getting us out of areas such as the bank, where we are paying rent to them and not utilizing our own properties. 2010-203 CATEGORY: DEPARTMENT: Strawberry Fields 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 ~d - Re~Olution RES-2010-203 ~ Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated W Iliam Ruland Voter [] [] [] [] [] Tabled ~l · [] [] VI Vincent Orlando Voter [] Withdrawn Clxristopher Talbot Voter [] [] [] [] [] Supervisor's Appt Alber~ Kmpski Jr. Initiator [] [] [] [] [] Tax Receiver's Appt Louisa P, Evans Seconder [] [] [] [] [] Rescinded [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-204 CATEGORY: DEPARTMENT: Employment - Town Accounting Resignation of Jeffrey R. Knight RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of 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. March 9, 2010 Page 17 Southold Town Board Meeting Minutes Vole R~ord - Resolution RR~-2010-204 [] Adopted [~ Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Christopher Talbot Seconder [] [] [] [] fq Supervisor's Appt [] Tax Receivex's Appt Alber~ Krapski Jr. Voter , ga , [] ~ [] [] [] Rescinded Louisa P. Evans Initiator ga [] [] [] [] Town Clerk's Appt S¢OR Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-229 CATEGORY: DEPARTMENT: Strawberry Fields Recreation Strawberry Fields - East End GreenFest Fiscal Impact: Police Department fees: $380.50 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Syd and Deborah Dufion 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 Attomey. 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-2010-229 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No,Nay Absta n Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisors Appt Christopher Talbot Initiator [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Vo er [] [] [] Fl [] Resc/nded Louisa P. Evans Seconder [] [] [] [] [] Tovrn Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt Next: Mar 23, 2010 7:30 PM 15. Comments regarding resolution 205 COUNCILMAN RULAND: Discussion? SUPERVISOR RUSSELL: Yes. COUNCILMAN RULAND: It doesn't mention in the resolution about traffic control or seeing the Captain about traffic control. SUPERVISOR RUSSELL: You know, I was just noticing that also. Also, I thought we had a March 9, 2010 Page 18 Southold Town Board Meeting Minutes users fee in place for private events. COUNCILMAN ORLANDO: We do. And they paid it last year .... SUPERVISOR RUSSELL: I notice this event is in July. I don't think we will be holding anything up if we table it to get clarification and have the police captain review it for costs. COUNCILMAN RULAND: I would also think that we would add that approval is for this year 2010-207 CATEGORY: DEPARTMENT: Budget Modification 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 fi'om crimes than anticipated for the year. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2009 General Fund Whole Town budget as follows: From: A.3120.1.100.100 A.3120.4.400.750 To: A.3120.1.100.200 A.3120.4.400.700 Full Time, Regular Earnings $330 Bicycle Maint & Repairs $378 Total $708 Full Time, Overtime Earnings $330 Vehicle Impound $378 Total $ 708 Vote R~ord- Resolution RES-2010-207 I~ Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland initiator [] [] [] [] [] Tabled Vincent Orlando Seconder [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Superviso~'s Appt Albert Kmpski Jr. Voter [~ [3 [] [] [] Tax Receiver's Appt Louisa P. Evans Voter [] [] [] [] [] Rescinded Voter [] Town Clerk's Appt Scott Russell F~ [] [] [] [] Supt Hgwys Appt 2010-208 CATEGOR~ DEPARTMEN~ Advertise Human Resource Center March 9, 2010 Page 19 Southold Town Board Meeting Minutes Permission to Advertise for FSW Position at HRC RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for the position of full-time Food Service Worker for the senior nutrition program at the Itnman Resource Center at a rate of $25~917.12 per annum. gn Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Seconder [] [] [] [] [] Tabled Vincent Orlando Initiator [] [] [] [] [] Withdrawn Cbristophe~ I~!b~ Voter [] [] [3 [] [] Supervisors Appt Albert Kmpski Jr. Voter ~1 [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Towa Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 18. Comments regarding resolution #208 SUPERVISOR RUSSELL: I am sorry, let me just clarify. That is not a new position for hire, that is a vacant position that was established with the accepting of the resignation itemized in resolution 204. 2010-209 CATEGOR~ DEPARTMENT: Legislation Town Attorney LL/Amend Water Map - Browns Hills to SCPC & PB RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the 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 Hill.~ Subdivision in Orient" to the Suffolk CounW Planning Commission and the Southold Town Planning Board for their review and recommendation. Vote Record- Reso ution RES-2010-209 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Seconder [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Albert Kmpski Jr. Initiator [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Voter [] [] [] [] [] Rescinded [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-210 CATEGORY: Bid Acceptance March 9, 2010 Page 20 Southold Town Board Meeting Minutes DEPARTMENT: Community Development Peconic Community Center Improvements RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of 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 mount of $24,130, all in accordance with the Town Attorney. [] Adopted [] Adopted as Amended yes/Aye No.lay Abstain Abs~nt [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Sec~d~ ~ ' [] [] [3 [] Withdrawn Christopher Ta!b0t Voter [] [] [] [] [] Supervisor's Appt Albert Krupski Jr. Voter [] [3 [3 [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 21. Comments regarding resolution # 210 COUNCILMAN ORLANDO: And this is the first step in getting the Peconic school going, to remove the en-~ironmenta! hazard there. 2010-211 CATEGOR~ DEPARTMENT: Budget Modification Public Works Building & Grounds - Light & Power Fiscal Impact: Utilities Budget, Light & Power underfunded RESOLVED that the Town Board of the Town of Southold hereby modifies the 2009 Building & Grounds, General Fund budget as follows: From: A. 1620.4.200.100 Telephone To: A. 1620.4.200.200 Light & Power $1,800 $1,800 March 9, 2010 Page 21 Southold Town Board Meeting Minutes [] Adopted [] Adopted as Amended yes/Aye No/Na~ Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Voter [] Withdrawn [] Supervisor's Appt [] Tax Receiver's Appt Louisa P. Evans Seconder [] [] [] [] [] Rescinded [] Town Clerk's Appt Scott Russell Voter [] Supt Hgwys Appt 2010-212 CATEGOR~ DEPARTMENT: Budget Modification 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 DB.5110.1.100.400 DB.5110.4.100.905 DB.5130.1.100.200 DB.5140.4.600.300 DB.5142.4.100.975 General Repairs Personal Services Full Time Employees Vacation Earnings General Repairs Personal Services Full Time Employees Sick Earnings General Repairs Contractual Expense Supplies & Materials Asphalt Patch Machinery Personal Services Full Time Employees Overtime Earnings Brush & Weeds/Miscellaneous Contractual Expense Miscellaneous Travel Snow Removal COntractual Expense Supplies & Materials $ 6,993.00 $31,857.00 $ 57.00 $ 2,409.00 $ 23.00 March 9, 2010 Page 22 Southold Town Board Meeting Minutes From: DB.5110.1.I00.100 DB.5110.4.100.915 DB.5140.4.600.600 DB.5130.1.100.100 DB.5142.4.100.525 DB .5142.4.100.920 Plow Blades, Shoes, Wheels TOTAL: $ 5,520.00 $46,859.00 General Repairs Personal Services Full Time Employees Regular Earnings General Repairs Contractual Expense Supplies & Materials Cement Brush & Weeds/Miscellaneous Contractual Expense Miscellaneous Dues & Subscriptions Machinery Personal Services Full-Time Employees Regular Earnings Snow Removal Contractual Expense Supplies & Materials Snow Fence Snow Removal Contractual Expense Supplies & Materials Sand $ 38,850.00 $ 57.00 $ 23.00 $ 2,409.00 $ 4,000.00 $ 1,520.00 TOTAL: $ 46,859.00 [~ Adopted [] Adopted as Amended Yes/AYe No/Nay Abstain Absent [] Defeated Willimn Ruland Initiator [] [] [] [] [] Tabled ~ih~i ~i~cl~ S~ohcler ~ ri F1 [] [] Withdrawn Christopher Talbot Voter [] [] [] El [] Supervisor's Appt Albert Krapski Jr. Voter [] V1 [] [] [] Tax Receiver's Appt Louisa P. Evans Voter ~ [3 : [] [] [] Rescinded E1 F1 [] Town Clerk's Appt Scott Russell Voter ~ : [] [] Supt Hgwys Appt 2010-213 CATEGORY: DEPARTMENT: Attend Seminar Human Resource Center Karen McLaughlin - Seminar March 9, 2010 Page 23 Southold Town Board Meeting Minutes 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. [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Ab~t [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Initiator [] [] [] El [] Withdrawn C~s~pher Talbot Seconder [] [] [] [] [] Supervisor's Appt Albea Kmpski Jr. Voter [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt H$wys Appt 2010-214 CA TEGOR Y: DEPARTMENT: Attend Seminar Highway Department Peter Harris - Advocacy Day RESOLVED that the Town Board of the Town of Southold hereby grants permission to 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 RE~2010-214 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Seconder [] [] [] [] [] Withdrawn Christopher Ta hot Voter [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Albert Krupski Jr. Initiator [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 26. Comments regarding resolution #214 SUPERVISOR RUSSELL: Let me just point out, last year the Highway Superintendent went to advocacy day and that resulted in the town having $241,000 of asphalting money restored to the budget. 2010-215 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute an Agreement Between the Town of March 9, 2010 Page 24 Southold Town Board Meeting Minutes $outhold 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 RESOLVED that the Town Board of the Town of Southold hereby 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~ 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 R~e~rd -R~httton R~S-1010-ll5 gl Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter gt [] [] [] [] Tabled Vincent Orlando Voter gl [] [] [] [] Withdrawn Christopher Talbot Seconder gl [] [] [] [] Supervisor's Appt [] Tax Receivers Appt Albert Krupski Jr. Voter gl [] [] [3 [] Rescinded Louisa P. Evans Initiator ~ [] [] [] ID Town Clerk's Appt Scott Russell Voter gl [] [] [] [] Supt Hgwys Appt 2010-216 CA TE GO R Y: DEPARTMENT: Bond Highway Department 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 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 March 9, 2010 Page 25 Southold Town Board Meeting Minutes 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 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 March 9, 2010 Page 26 Southold Town Board Meeting Minutes 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 resolution, to cause to be published in "The Suffolk Times," 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 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; March 9, 2010 Page 27 Southold Town Board Meeting Minutes 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 p?oceeds 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 Linda J Cooper Deputy Town Clerk Section 8. The Town Clerk is hereby authorized and directed to cause said bond resolution to be published, in summary, in substantially the form set forth in Exhibit A 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 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 March 9, 2010 Page 28 Southold Town Board Meeting Minutes 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 aRer 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 DRA1NAGE 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 1~ Adopted [] Adopted as Amended Yes/Aye NofNa Abstain Absent Y [] Defeated William Ruland Seconder [] [] [] [] [] Tabled Vincent Orlando Voter Fl [] [] [] [] Withdrawn [] Supervisor's Appt Christopher Talbot hritiator [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] . [] [] [] Supt Hlgwys Appt 29. Comments regarding resolution #216 JUSTICE EVANS: I just have a point of discussion. Here it says that it is the Department of Fishers Island Ferry District item, it is not the Ferry district. SUPERVISOR RUSSELL: I don't think that is correct. It is actually through this Town... March 9, 2010 Page 29 Southold Town Board Meeting Minutes :JUST!.C_E ~,~NS: Probab!Y th~ Highway DePartment. 2010-218 CATEGORY: DEPARTMENT: Landfill Misc. 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. [] Adopted [] Adopted as Amended Yes/Aye No/Nay Absta n Absent [] Defeated William Ruland Initiator gl [] [] [] [] Tabled Vincent Orlando Seconder [] [] [] [] [] Withdrawn [] Supervisor's Appt Christopher Talbot Voter [] 13 [2] ~] [] Tax Receiver's Appt A!berI Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-219 CATEGORY: DEPARTMENT: Budget Modification Fishers Island Ferry District Budget Mod 2009 FIFD Fiscal Impact: Necessary to close out 2009 books RESOLVED that the Town Board of the Town of Southold hereby modifies the 2009 Fishers Island Ferrv 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. March 9, 2010 Page 30 Southold Town Board Meeting Minutes SM. 5710.2.000.200 SM.5710.4.000.000 SM.5710.4.000.200 SM.5710.4.000.500 SM.5710.4.000.800 SM.5710.4.000.900 From: SM.5710.4.000.300 Repairs Ferry, RP 2,600 Additional repairs for Race Point. Ferry Operations, Other 1,800 Fork lift tires, rock salt, etc. Utilities, Fishers Island 600 Water Company surcharge Computer Operations 900 Additional software changes fi.eight system. Uniforms 200 Uniform overage Credit card fees 2,200 No House Accounts, additional fees Total $15,600 Fuel Oil Vessels $15,600 Total $15,600 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Initiator [] [] [] [] [] Withdrawn [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert KmPski ~r: Seconder [] [3 [3 V1 [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-221 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Solid Waste Management District Canon Copier - SWMD RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs 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. ~' Voie Record z R~solu,fi~n RES-2010-22t [] Adopted [] Adopted as Amended Yes/Aye No/Nay Absta n Absent [] Defeated William Ruland Voter [] : [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn [] Supervisor's Appt ~hrisioPh~r'ral~t ~ppcler I~ [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Initiator [] [] F1 El Louisa P. Evans Voter [] [] [] [] [] Rescinded [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt March 9, 2010 Page 31 Southold Town Board Meeting Minutes 2010-220 CATEGORY: Seqra DEPARTMENT: Town Attorney Road and Stormwater Improvement Projec SEQRA RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed project entitled "Fishers Island Road and Stormwater Improvement Proiect" 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 Re~d ~ Res01Utioa RES-2010-220 [] Adopted [] Adopted as Amended Yes/Aye N~ay Abstain Absent [] Defeated William Ruland Voter [] [] [] F1 [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiveffs Appt Albert Krupski Jr. Seconder [] [] [] [] [] Rescinded ~nisa P Ev~ lniii~tor r~ FI Fl Fl Scott Russell Voter [] Town Clerk's Appt ~ F1 ~ Fl [] Supt Hgwys Appt 2010-222 CATEGOR~ DEPARTMEN~ Public Service 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. Vote nt~or d - R~olu6on RES-2010-222 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter ff] [] [] [] [] Tabled Vincent Orlando Voter [~ [] [] [] [] Withdrawn [] Supervisor's Appt Christopher Talbot Initiator ~ [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter ~1 [] [] [] [] Rescinded Louisa P. Evans Seconder [] [] [] 13 [] Town Clerk's Appt Scoil Russell Voter [] [] [] [] [] Supt Hgwys Appt March 9, 2010 Page 32 Southold Town Board Meeting .Minutes 35. Comments regarding resolution # 222 COUNCILMAN TALBOT: If anybody is interested in attending, the Supervisor will be giving the state of the town address. 2010-223 CA TE GO R Y: DEPARTMENT: Employment - Town Accounting Appoint Kimbell Miller to F/T Data Entry Operator RESOLVED that the Town Board of the Town of Southold hereby appoints Kimbell Miller to 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. ~,¥9t~ Reeo~ ,d r R~o!uti0n RE8-2010-223 WI Adopted [] Adopted as Amended Yes/Aye No/NaY Abstain Absent [] Defeated William Ruland Initiator [] [] [] [] [] Tabled Vincent Orlando Seconder [] [] [] [] Withdrawn Christopher Talbot Voter [] Fl Supervisor's Appt [] Tax Receiver's Appt A!be~ ~pski Jt'~ Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] 13 [] Supt Hgwys Appt 37. Comments regarding resolution # 223 SUPERVISOR RUSSELL: Let me just again clarify. When it comes to hiring I want to clarify every resolution for the public's point of view. Actually, this was a vacant position. We created the vacancy by removing someone from that office and transferring them to the Zoning Board of Appeals. This part-timer was promoted then to occupy that full time position. 2010-224 CA TE GOR Y: DEPARTMENT: Advertise Town Clerk Advertise for CA C Members RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for the position of members of the Conservation Advisory Council. Vote Record = Re~olution RE8-2010-224 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter WI [] [] [] [] Tabled Vincent Orlando Initiator WI [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Albert Krupski Jr. Seconder wi [] [] [] [] Rescinded Louisa P, Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt March 9, 2010 Page 33 Southold Town Board Meeting Minutes 2010-225 CA TE GO R Y: DEPARTMENT: Committee Appointment Town Attorney FI Waste Management District Commissioner Appointment RESOLVED that the Town Board of the Town of Southold hereby appoints Sarah 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. [] Adopted [] Adopted as Amended ~s/~y~ No/Nay : Abstain Absent [] Defeated william Ruland Voter 1~ [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Christopher Talbot Seconder [] [] [] [] [] Supervisor's Appt ~ibert ~pski Jr. i~iiiaio; : ~ [3 [3 [] [] Tax Receivers Appt 13 Rescinded Louisa P. Evans Voter [] [] [] [] Voter [] Town Clerk's Appt Scott Russell ~ ' [3 ~ ~ [] Supt Hl~wys Appt 40. Comments regarding resolution # 225 JUSTICE EVANS: I am not voting on this but just to point out, I think it is only to fulfill the term till the next election. That they are going to vote... COUNCILMAN KRUPSKI: When would that be? SUPERVISOR RUSSELL: That is what they presented to us. JUSTICE EVANS: Is this exactly what they said. TOWN ATTORNEY FINNEGAN: Yes. COUNCILMAN KRUPSKI: If there is a problem, we can change it. JUSTICE EVANS: We can always amend it. COUNCILMAN KRUPSKI: Absolutely. TOWN ATTORNEY FINNEGAN: Whatever the effective date of the term is, even if the election is before .... SUPERVISOR RUSSELL: Right. COUNCILMAN KRUPSKI: Oh, okay. March 9, 2010 Page 34 Southold Town Board Meeting Minutes 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 Ye~/Aye No/Nay Abstain Absent [] Defeated William Ruland Seconder [~ [] [] [] [] Tabled Vincent Orlando Voter I~ [] [] [] [] Withdrawn Christopher Talbot Voter ~ [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans ' Initiator [] [] [] [] [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] Supt Hgwys Appt 42. Closing comments SUPERVISOR RUSSELL: That concludes the agenda. address the Town Board for any reason? Would anybody like to come up and JOHN BRADY: John Brady, East Marion. Has the Town Board ever considered a wind turbine to save on electric? SUPERVISOR RUSSELL: Yes. We have in fact. We looked at it and evaluated it for the Peconic school and other facilities. There is one small problem right now with these energy systems. They are very costly and even with grants, the way, the benefit of having an alternative energy system is getting the credit that that electric produces when you are not using it. It is called net metering, solar photovoltaic cells produce the electric 24 hours a day, so whatever you are consuming, you take off of that, the rest feeds the grid and then you get a credit from LIPA for that electric you are producing. Under state law, net metering is restricted to only 5% of what you consume. So if most of the electric is feeding the grid, you can only recapture 5% of what your net use is. That makes it very cost inefficient. We are hoping the state will change that law to make wind technology more compelling. In the meantime, for the cost of investment and the for the likelihood of not using a lot of the electric that gets produced and not getting payment or credit for it, we don't want to be in a position of spending a lot of money to produce free electric March 9, 2010 Page 35 Southold Town Board Meeting Minutes for LIPA, who frankly doesn't need our help. But we would like to see the state's net metering laws changed. I know there are lobbies every day trying to get that law changed. MR. BRADY: Isn't there any way you can hook up other buildings to it? SUPERVISOR RUSSELL: Unfortunately under LIPA, I just talked to Kevin Law about this not even five weeks ago with regard to mingling our meters, if I have three buildings, let me mingle the meters. LIPA hasn't allowed that yet. We are hoping they will revisit that and then if we can consume the electric on a regular basis, it might make it more compelling. MR. BRADY: Yeah, I heard that windmills were like $500,000. SUPERVISOR RUSSELL: Well, it depends on size. It depends on size. We can probably find something that would meet our needs for probably the $200,000-$225,000 range. But again, the only real benefit is if we are consuming the electric we produce. Otherwise, you know, the 5% on our consumption isn't very much of a return on our investment. MR. BRADY: Thank you. SUPERVISOR RUSSELL: John, while you are here, my next scheduled hamlet meeting will be in East Marion after the, I was out in Orient the last few weeks but the next one will be in East Marion. I know you are an active member of the community association, let them know. Phil should be in touch with your members soon to set up a time when we can schedule to have a community meeting, hamlet meeting out in East Marion. COUNCILMAN RULAND: Scott, you might want to comment for the audience about the photovoltaic option we are looking at for the landfill. SUPERVISOR RUSSELL: The photovoltaic? We actually have interest from private suppliers that want to cover the solar, the cap at the landfill with photovoltaic collection. The most recent proposal was a combination photovoltaic and methane gas production facility. They are in a spec process now. We have allowed them to use our facility so that they can scale this economic model to see if it will work. I haven't heard from them in some time. This is about the third company that has expressed interest that has not gotten back to us. I think in the very near future, we should just send out a general RFP on that and maybe some other town sites, so we can .... COUNCILMAN ORLANDO: I think they are having a stumbling block with permits with the state. Once that gets done... COUNCILMAN RULAND: There is a financial benefit for the town in this case though. SUPERVISOR RUSSELL: Yes, we would actually, well, there would be a financial benefit for a great part of the community in that we would be customers that would be offered the industrial rate on electric consumption. So we would see a reduction in rates of electric in the community. March 9, 2010 Page 36 Southold Town Board Meeting Minutes The details still need to be worked out. But again, using landfills involve DEC review because of the cap, DEC wants a complete understanding of what is going to be done there and I assume they are .... COUNCILMAN ORLANDO: That last company was quite impressive. I think they are doing their feasibility study. SUPERVISOR RUSSELL: They are still doing their feasibility study. COUNCILMAN ORLANDO: To see if there is enough methane. SUPERVISOR RUSSELL: I also talked to Kevin Law about the subsequent possibility of Plum Island closing. I don't think that is a reality but the general accounting administration is already doing work to see what they can do as an in use for that site and I talked to Kevin Law to see if LIPA would be interested in helping work with us to create an incubation site for alternative energy. They can also use that as a site for location of a geothermal, wind, solar, tidal, I mean, it is all there. They have the facilities there to use for educational and for investment and research. He is interested in that but again, I think at this point, it is unlikely to see Plum Island change any time soon or close. Anybody besides me have any more comments? (No response) Okay, can I get a motion to close? Motion To: Adjourn Town Board Meeting COMMENTS - Current Meeting: RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 4:57 P.M. RESULT: ADOPTED [UNANIMOUS] MOVER: Scott Russell, Supervisor SECONDER: Albert Krupski Jr., Councilman AYES: Linda J Cooper Southold Deputy Town Clerk Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell