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Home My WebLink AboutAG-08/10/2010 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 FINAL AGENDA SOUTHOLD TOWN BOARD August 10, 2010 7:30 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. ONLINE ACCESS: The Agenda is generally available the Friday before the meeting. The video of the meeting is usually available 1-2 hours after the meeting. Minutes with adopted resolutions are available 1-2 days after the meeting. A full copy of the minutes, agenda and meeting video can be viewed in one of two ways: (1) The town website: southoldtown.northfork.net Scroll down to Town Clerk Gateway – On line, click; scroll down again to Town Clerk Gateway – on line, click You will be redirected to the Town Clerk on line site, click the “Yes” box to go into the site. (2) www.townclerk.com Enter zip code 11971 in box on lower right hand side and “enter”. On the left hand side of screen a dark blue box will pop up, you will see "Town of Southold, Long Island, NY", click on this and another box will pop up that will tell you that you are being directed to another site click on “Yes” to go into the Town Clerk site. Go to the date of the meeting and click on "Minutes Packet" this is the full copy of the resolutions. (Scroll to bottom of page for KEY to symbols). You can view the live video of the meeting by clicking on the camera symbol. All of this information is available 24/7. If you would like help navigating the site, please feel free to call my office 631-765-1800. CALL TO ORDER 7:30 PM Meeting called to order on August 10, 2010 at Meeting Hall, 53095 Route 25, Southold, NY. I. REPORTS 1. Special Projects Coordinator July 2010 2. Building Department July 2010 Southold Town Meeting Agenda - August 10, 2010 Page 2 3. NFAWL Financial Statement June 30, 2010 4. Department of Public Works July 2010 5. Judge Rudolph H. Bruer July 2010 6. Land Tracking 2nd quarter of 2010 7. Solid Waste District June 2010 II. PUBLIC NOTICES 1. SC Dept of Planning Riverhead Town Enactment of Section 108-288 “uses” (Article XLVI “Designation Retail Center”) 2. Liquor License Renewals Castello di Borghese, llc, 17150 Cty Rd 48, Cutchogue Village Cheese Shop North Inc, 105 Love La, Mattituck North Fork Table LLC, 57225 Main Rd., Southold Joseph Paul Winery, Inc., 18910 Middle Rd., Cutchogue III. COMMUNICATIONS IV. DISCUSSION 1. 9:00 A.M. - FI Change Work Order 2. 9:30 AM - Melissa Spiro Stewardship coordination 3. LL/Night Fishing Permits 4. LL/Building Permit Fees 5. RFP - Fuel Management System 6. Fireworks @ Strawberry Fields 7. Special Events Southold Town Meeting Agenda - August 10, 2010 Page 3 Code Committee, Working Group 8. Used Police Boat Boston Whaler 9. Noise Ordinance Review Draft 10. Review Audit of LVL, Inc next steps 11. 12:00 PM - Executive Session - Melissa Spiro Proposed Property Acquisition including discussion of value 12. Executive Session - Contact Negotiations 13. Executive Session - Litigation Updates on 4 specific cases MINUTES APPROVAL RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Tuesday, July 27, 2010 ? Vote Record - Acceptance of Minutes for July 27, 2010 4:30 PM Yes/Aye No/Nay Abstain Absent ? ? ? ? William Ruland ???????? ? Vincent Orlando Accepted ?????????? Accepted as Amended Christopher Talbot ?? Tabled ???????? Albert Krupski Jr. ???????? Louisa P. Evans ???????? Scott Russell RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Tuesday, July 13, 2010 ? Vote Record - Acceptance of Minutes for July 13, 2010 7:30 PM Yes/Aye No/Nay Abstain Absent ? ? ? ? William Ruland ???????? ? Vincent Orlando Accepted ?????????? Accepted as Amended Christopher Talbot ?? Tabled ???????? Albert Krupski Jr. ???????? Louisa P. Evans ???????? Scott Russell V. RESOLUTIONS 2010-609 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit Southold Town Meeting Agenda - August 10, 2010 Page 4 RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby August 10, 2010. ? Vote Record - Resolution RES-2010-609 ? 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 2010-610 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, August 24, 2010 at the Southold Town Hall, Southold, New York at 4:30 P. M.. ? Vote Record - Resolution RES-2010-610 ? 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 2010-611 Tabled 7/27/2010 4:30 PM CATEGORY: Property Usage DEPARTMENT: Recreation Use of Town Property RESOLVEDgrants permission to that the Town Board of the Town of Southold hereby Southold High School to use 6 tennis courts at Tasker & Jean Cochran parks for varsity matches for a total of 14 days beginning September 13 and ending on October 14, dates to be coordinated with the Southold Town Recreation Department. The applicant must file with the Town Clerk’s Office a One Million Dollar Certificate of Insurance naming the Town of Southold Town Meeting Agenda - August 10, 2010 Page 5 Southold as additional insured, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2010-611 ? 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 2010-612 CATEGORY: Property Acquisition Public Hearing DEPARTMENT: Land Preservation Girards Dev Rights Set Public Hearing RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold sets Tuesday, August 24, 2010, at 4:45 p.m., Southold Town Hall, 53095 Main Road, hereby Southold, New York as the time and place for a public hearing for the purchase of a development rights easement on property owned by 6900 Wickham Avenue, LLC (Girards). Said property is identified as part of SCTM #1000-107.-10-10.1. The address is 6900 Wickham Avenue. The property is located in the A-C zoning district and is on the southerly side of Wickham Avenue, approximately 963.50 feet from the southwesterly intersection of County Road 48 and Wickham Avenue in Mattituck, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 8.26± acres (subject to survey) of the 10.1± acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the landowner. The purchase price is $63,000 (sixty-three thousand dollars) per buildable acre for the 8.26± acre easement plus acquisition costs. The property is listed on the Town’s Community Preservation Project Plan as property that should be preserved due to its agricultural value. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Southold Town Meeting Agenda - August 10, 2010 Page 6 ? Vote Record - Resolution RES-2010-612 ? 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 2010-613 CATEGORY: Budget Modification DEPARTMENT: Fishers Island Ferry District 2010 FIFD - Elizabeth Field Budget Mod Fiscal Impact: to appropriate State and Federal grants for Elizabeth Airport. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 Fishers Island Ferry District budget as follows: Revenues: SM.3097.00 Capital Grant, New York State $9,000 SM.4097.00 Capital Grant, Federal government $203,000 $212,000 Appropriations: SM.5610.2 .000.000 Elizabeth Airport, C.E. $212,000 ? Vote Record - Resolution RES-2010-613 ? 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 2010-614 CATEGORY: Budget Modification DEPARTMENT: Fishers Island Ferry District 2010 FIFD Budget Modification Fiscal Impact: Additional purchase of bulk hydraulic and engine oil & Additional funding necessary to dispose of bilge waters. Southold Town Meeting Agenda - August 10, 2010 Page 7 RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 Fishers Island Ferry District budget as follows: To: SM 5710.2.000.000 Ferry Repairs, Both Vessels $8,000.00 SM.5710.4.000.000 Ferry Operations, Other $5,000.00 Total $13,000.00 From: SM.1989.4.000.000 Funded Deficit $13,000.00 Total $13,000.00 ? Vote Record - Resolution RES-2010-614 ? 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 2010-615 CATEGORY: Grants DEPARTMENT: Community Development Subrecipient Agreements - 2010 CDBG Program RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute Subrecipient Agreements in connection with the 2010 Community Development Block Grant Program, as follows: Robert Perry Child Day Care Program $ 7,500 Community Action Southold Town of Southold $ 5,000 North Fork Housing Alliance – Home Improvement Program $62,500 Peconic Community Council $ 7,000 All in accordance with the approval of the Town Attorney. Southold Town Meeting Agenda - August 10, 2010 Page 8 ? Vote Record - Resolution RES-2010-615 ? 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 2010-616 CATEGORY: Committee Resignation DEPARTMENT: Town Clerk Accept Resignation of Beth Motschenbacher from CAC and Advertise Position RESOLVEDaccepts the resignation of that the Town Board of the Town of Southold hereby Beth Motschenbacher from the Conservation Advisory Council , effective immediately, and be it FURTHER RESOLVED that the Town Board of the Town of Southold hereby authorizes and advertise for a member to the Conservation Advisory Council directs the Town Clerk to to fill the vacancy created by Beth Motschenbacher’s resignation ? Vote Record - Resolution RES-2010-616 ? 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 2010-617 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Recreation Hire Fall Recreation Program Instructors Resolved that the Town Board of the Town of Southold authorize and direct Supervisor Scott A. Russell to execute an agreement with the following individuals and businesses for the fall 2010 recreation programs, all in accordance with the approval of the town attorney. Funding for the instructors listed below has been budgeted for in the recreation department's 2010 instructor line A7020.4.500.420. Southold Town Meeting Agenda - August 10, 2010 Page 9 Lynda Agrusso (guitar)…………………………………..….. $30/hour Antoinette Beck-Witt (drawing class)..................................... $30/hour Linda Berger (Watercolor)………………………………….. $30/hour Sara Bloom (memoir writing)................................................ $30/hour Thomas Boucher (guitar)....................................................... $30/hour Constance Case (Quilting)..................................................... $30/hour Eugenia Cherouski (folk dancing)......................................... $30/hour Paula Croteau (cooking & baking)………………………….. $30/hour Mary Dempsey (English as a second language)..................... $30/hour Lenora Dome (belly dancing)................................................ $30/hour Martha Eagle (Aerobics/Pilates/Yoga/Power Stretching)....... $30/hour East End Insurance Services (Defensive Driving)................. $30/person Kathy Gadomski (Youth Nights)…………………………… $30/hour Tom Gadomski (Youth Nights)……………………..……… $30/hour Dan Gebbia (dog obedience).................................................. $70/dog Denise Gillies (Tai Chi)…………………………………..… $30/hour Gail Horton (Rug Hooking)……………………………….. $30/hour Rosemary Martilotta (yoga)................................................... $55/class Judy McCleery (digital photography)…………………….... $30/hour Cynthia Mignone (Youth Nights)…………………………… $30/hour Darren Mignone (Hula Hoop Fitness Program)…………….. $30/hour Sue Mulholland (bridge lessons)............................................ $30/hour Connie Rosnack (Youth Nights)…………………………….. $30/hour Candice Schott (Youth Nights)……………………………… $30/hour Megan Schutt (Youth Nights)………………..……………… $30/hour Laurie Short (aerobics classes)................................................. $30/hour Steve Smith (weight training)................................................... $30/hour Gail Starkie (acrylic painting).................................................. $30/hour Touch Dancing Studios (ballroom dance)............................... $65/person Kendra Wadlington (beginner computer)............................... $30/hour ? Vote Record - Resolution RES-2010-617 ? 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 2010-618 CATEGORY: Employment - Town DEPARTMENT: Recreation Hire Seasonal Summer Staff Southold Town Meeting Agenda - August 10, 2010 Page 10 Resolved that the Town Board of the Town of Southold appoint the following 2010 seasonal summer staff for the period August 11 - September 6, 2010 as follows: STILLWATER LIFEGUARD YEAR # HOURLY SALARY Matthew Dellaquila 1st year $12.17 ? Vote Record - Resolution RES-2010-618 ? 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 2010-619 CATEGORY: Employment - Town DEPARTMENT: Accounting Acknowledges Intent to Retire James McMahon RESOLVEDacknowledges the intent to that the Town Board of the Town of Southold hereby retire of James McMahon from the Town of Southold effective December 31, 2010. ? Vote Record - Resolution RES-2010-619 ? 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 2010-620 CATEGORY: Bond DEPARTMENT: Town Clerk Bond for Fuel Management System BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED AUGUST 10, 2010, AUTHORIZING THE Southold Town Meeting Agenda - August 10, 2010 Page 11 ACQUISITION AND INSTALLATION OF EQUIPMENT FOR THE FUEL MANAGEMENT SYSTEM, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $230,000, APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE, AND AUTHORIZING THE ISSUANCE OF $230,000 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 acquire and install equipment for the fuel management system. The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $230,000 and said amount is hereby appropriated for such purpose. The plan of financing includes the issuance of $230,000 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. Bonds of the Town in the principal amount of $230,000 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 (referred to herein as the “Law”), to finance said appropriation. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness of the object or purpose for which said bonds are authorized to be issued, within the limitations of Section 11.00 a. 32 of the Law, is five (5) 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 proposed maturity of the bonds authorized by this resolution will not exceed five 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 a general tax upon all the taxable real property within the Town without limitation as to 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 the issuance of bonds Southold Town Meeting Agenda - August 10, 2010 Page 12 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 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 executing contracts for credit enhancements and providing for substantially level or declining annual debt service, 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 shall take effect immediately, and the Town Clerk is hereby authorized and directed to publish a summary of this bond resolution, in substantially the form set forth in Exhibit A attached hereto and made a part hereof, together with a Notice attached in “The Suffolk Times,” substantially the form prescribed by Section 81.00 of the Law in a newspaper published in Southold, New York, having a general circulation in the Town and hereby designated the official newspaper of said Town for such publication. EXHIBIT A NOTICE The resolution, a summary of which is published herewith, has been adopted on August 10, 2010 and 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 publication of this 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 AUGUST 10, 2010, AUTHORIZING THE ACQUISITION AND INSTALLATION OF EQUIPMENT FOR THE FUEL MANAGEMENT SYSTEM, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $230,000, APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE, AND AUTHORIZING THE ISSUANCE OF $230,000 BONDS OF Southold Town Meeting Agenda - August 10, 2010 Page 13 SAID TOWN TO FINANCE SAID APPROPRIATION The object or purpose for which the bonds are authorized is the acquisition and installation of equipment to the fuel management system, at the estimated maximum cost of $230,000. The amount of obligations to be issued is $230,000. The period of probable usefulness is five (5) 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. The bond resolution was adopted on August 10, 2010. ? Vote Record - Resolution RES-2010-620 ? 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 2010-621 CATEGORY: Authorize to Bid DEPARTMENT: Town Clerk RPF for Fuel Management RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for Request for Proposals for a Fuel Management System for the Town of Southold. ? Vote Record - Resolution RES-2010-621 ? 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 2010-622 CATEGORY: Attend Seminar DEPARTMENT: Town Clerk Southold Town Meeting Agenda - August 10, 2010 Page 14 NYS FOIL Seminar RESOLVED grants permission to Town that the Town Board of the Town of Southold hereby Clerk Elizabeth Neville and Assistant Town Attorney Jennifer Andaloro to attend a New York State Archives FOIL Workshop seminar by Robert Freemen, Executive Director of the NYS Committee on Open Government in Western Suffolk BOCES, Wheatley Heights, New York, on August 12, 2010. Expenses for travel to be a legal charge to the 2010 General Fund Town Clerk budget (meetings and seminars). ? Vote Record - Resolution RES-2010-622 ? 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 2010-623 CATEGORY: Budget Modification DEPARTMENT: Police Dept Budget Modification- Police Department Fiscal Impact: Transferring money from the police retirment reserve to cover vacation and sick time paid to a retiring police officer. RESOLVEDmodifies the 2010 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: From: A.1990.4.100.200 Contingent, Police Retirement Reserve $20,345 To: A.3120.1.100.400 Police, P.S., Sick Earnings $13,920 A.3120.1.100.300 Police, P.S., Vacation Earnings 6,425 Total $20,345 Southold Town Meeting Agenda - August 10, 2010 Page 15 ? Vote Record - Resolution RES-2010-623 ? 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 2010-624 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Lease Agreement Between the Town of Southold and Oliver Packaging and Equipment Company in Connection with Leasing a Heat Seal Machine for the Home Delivered Meals Program at the Human Resource Center RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Lease Agreement between the Town of Southold and Oliver Packaging and Equipment Company in connection with leasing a heat seal machine for the home delivered meals program at the Human Resource Center , at no cost to the Town, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2010-624 ? 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 2010-625 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Application for Federal Assistance in Connection with the Fishers Island Airport Runway Crack Repair and Sealing Project, Phase II, Design and Construction RESOLVED authorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Application for Federal Assistance in connection with the Fishers Island Airport Runway Crack Repair and Sealing Project, Phase II, Design and Construction , subject to the approval of the Town Attorney. Southold Town Meeting Agenda - August 10, 2010 Page 16 ? Vote Record - Resolution RES-2010-625 ? 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 2010-626 CATEGORY: Employment - Town DEPARTMENT: Town Clerk Recreation Dept Staffing RESOLVED that the Town Board of the Town of Southold hereby releases Jill Franke from the position of Account Clerk for the Southold Town Recreation Department, effective immediately, and be it further RESOLVED that the Town Clerk is hereby authorized and directed to advertise for the position of part-time Clerk Typist for the Southold Town Recreation Department. ? Vote Record - Resolution RES-2010-626 ? 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 2010-627 CATEGORY: Budget Modification DEPARTMENT: Town Clerk 2010 Budget Mod - Justice Court Fiscal Impact: to cover the over-expended appropriation lines. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 General Fund Whole Town budget, as follows: To: Southold Town Meeting Agenda - August 10, 2010 Page 17 A.1110.2.200.500 Office Equipment $ 51.47 Fax Machine A.1110.4.100.100 Justices, C.E. $400.00 Supplies & Materials A.1110.4.100.150 Justices, C.E. $600.00 Preprinted forms From: A.1110.4.600.200 Miscellaneous $1051.47 Meetings & Seminars Total $1051.47 ? Vote Record - Resolution RES-2010-627 ? 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 2010-628 CATEGORY: Employment - Town DEPARTMENT: Recreation Hire Seasonal Staff RESOLVED that the Town Board of the Town of Southold hereby appoints the following 2010 seasonal summer Recreation Department staff for the period August 11 - September 6, 2010 as follows: BEACH ATTENDANT YEAR # HOURLY SALARY Kiersti Walsh 1st year $9.42 ? Vote Record - Resolution RES-2010-628 ? 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 2010-629 CATEGORY: Performance Bond Southold Town Meeting Agenda - August 10, 2010 Page 18 DEPARTMENT: Town Clerk Release Performance Bond - Forestbrook at Bayview WHEREAS the firewell has been installed for “Forestbrook at Bayview”, now therefor be it RESOLVEDreleases the performance that the Town Board of the Town of Southold hereby Bond for "Forestbrook at Bayview", Check No. 201631098 dated March 29, 2010 in the amount of $15,000.00, as recommended by the Southold Town Planning Board, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2010-629 ? 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 2010-630 CATEGORY: Bid Acceptance DEPARTMENT: Town Clerk Accept Bid of Orient Fire Department for Boston Whaler RESOLVED accepts the bid of that the Town Board of the Town of Southold hereby Orient Fire Department in the amount of $16,126.00 for the 1989 Boston Whaler- HIN# BWC8B640C989 which includes the followingall in accordance with the Town Attorney. , 130HP Honda Outboard- Serial #BZBE1200569 130HP Honda Outboard- Serial #BZBE1200571 Simrad Radar- Serial #72301497 Tandum Axel EZ Load Trailer ? Vote Record - Resolution RES-2010-630 ? 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 - August 10, 2010 Page 19 2010-631 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Amend Resolution No. 2010-565 to Add 1K Kids’ Race to Follow the 5K RESOLVED that the Town Board of the Town of Southold hereby grants permission to The New Suffolk Waterfront Fund and the Peconic Land Trust to to use the following town roads for and immediately its 5K Run/Walk in New Suffolk, on August 14, 2010 beginning at 9:00 a.m, following the 5K, a 1K Kids’ Race provided they file with the Town Clerk a $100 fee, a $250 Clean-up Deposit fee, and a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured, and contact Capt. Flatley upon receipt of the approval of this resolution to coordinate traffic control: New Suffolk Road, New Suffolk Avenue, Main Street, stth and 4 Street. Orchard Street, 1 Street, Grathwohl Avenue ? Vote Record - Resolution RES-2010-631 ? 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 2010-632 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Change Order #1/F.I. Road Project/Corazzini RESOLVEDapproves Change Order #1 that the Town Board of the Town of Southold hereby to the Fishers Island Road and Stormwater Improvement Project Contract with Corazzini Asphalt, Inc. in the amount of $64,797.00 , subject to the approval of the Town Engineer and Town Attorney. ? Vote Record - Resolution RES-2010-632 ? 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 - August 10, 2010 Page 20 2010-633 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL Re: Night Fishing WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk th “A Local Law in County, New York, on the 27 day of July, 2010, a Local Law entitled relation to Amendments to Chapters 189 and 260 in connection with Night Fishing Parking Permits. WHEREAS that the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefore, be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed “A Local Law in relation to Amendments to Chapters 189 and 260 in Local Law entitled, connection with Night Fishing Parking Permits” that reads as follows: LOCAL LAW NO. 2010 “A Local Law in relation to Amendments to Chapters 189 and 260 in A Local Law entitled, connection with Night Fishing Parking Permits” . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. To create an exception to parking restrictions for fishermen and shell fishermen that are residents, guests of residents or lessees of the Town allowing parking access to beaches, creeks, and waters within the Town between the hours of 10:00 p.m. and 6:00 a.m. with a proper permit and to relocate the applicable provision for parking at beaches from the Vehicle and Traffic Code (Chapter 260) to the Parking Code (Chapter 189). II. Chapter 189 of the Code of the Town of Southold is hereby amended as follows: § 189-2. Designation of parking areas requiring permits. G. The parking of vehicles is hereby prohibited between the hours of 10:00 p.m. to 6:00 a.m. in all of the beach parking areas designated in §189-2A. § 189-3. Parking permits. Southold Town Meeting Agenda - August 10, 2010 Page 21 Parking permits for parking vehicles in the parking areas designated in §189-2 of this article shall be issued as follows: G. Night fishing parking permit. For the purpose of ensuring fishermen and shell fishermen parking access to the beaches, creeks and waters within the Town of Southold when such parking access is normally closed (10:00 p.m. to 6:00 a.m.), the following exception to §189-2G is hereby created: [Added 6-8-1999 by L.L. No. 4-1999] (1) Night fishing parking permit. A night fishing parking permit shall be issued by the Town Clerk or a person designated by the Town Clerk to all persons who hold a resident, lessee or guest parking permit. (2) Any motor vehicle having a night fishing parking permit shall be deemed not to be in violation of §189-2G or §189-3G and where both the night fishing permit and the resident, lessee or guest parking permit are properly displayed. (3) The following rules and regulations apply: (a) At the time a motor vehicle with a night fishing permit is parked at a location during a time in which parking is normally prohibited by §189- 2G and §189-3G, the occupants of the vehicle must have fishing equipment and be actively engaged in fishing. The permit is nontransferable and valid only for vehicles bearing the license plate number on the permit. (b) Fees. There shall be no annual fee for night fishing permits. (c) Duration of permits. All night fishing permits provided for in this section shall expire at the same time as the resident, lessee or guest parking permit. (4) Other regulations. Persons using parking areas pursuant to the provisions of this section shall comply with all other laws, ordinances, rules, regulations and restrictions thereto. III. Chapter 260 of the Code of the Town of Southold is hereby amended as follows: § 260-9. Parking prohibited during certain hours. B. The parking of vehicles is hereby prohibited between the hours of 10:00 p.m. to 6:00 a.m. in all of the beach parking areas designated in § 189-2A. C. Night fishing permit. For the purpose of ensuring fishermen and shell fishermen parking access to the beaches, creeks and waters within the Town of Southold when such parking access is normally closed (10:00 p.m. to 6:00 a.m.), the following exception to § 260-9A Southold Town Meeting Agenda - August 10, 2010 Page 22 and B is hereby created: [Added 6-8-1999 by L.L. No. 4-1999] (1) Night fishing permit. A night fishing parking permit shall be issued by the Town Clerk or a person designated by the Town Clerk to all persons who hold a resident parking permit or lease parking permit. (2) Any motor vehicle having a night fishing permit shall be deemed not to be in violation of § 260-9A and B where both the night fishing permit and the resident or lease parking permit are properly displayed. (3) The following rules and regulations apply: (a) At the time a motor vehicle with a night fishing permit is parked at a location during a time in which parking is normally prohibited by § 260- 9A and B, the occupants of the vehicle must have fishing equipment and be actively engaged in fishing. The permit is nontransferable and valid only for vehicles bearing the license plate number on the permit. (b) Fees. There shall be no annual fee for this permit. (c) Duration of permits. All annual night fishing permits provided for in this section shall expire on December 31 of the year issued. (4) Other regulations. Persons using parking areas pursuant to the provisions of this section shall comply with all other laws, ordinances, rules, regulations and restrictions thereto. IV. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. V.EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ? Vote Record - Resolution RES-2010-633 ? 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 - August 10, 2010 Page 23 2010-634 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL - Bldg Permit Fee WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk th “A Local Law in County, New York, on the 13 day of July, 2010, a Local Law entitled relation to Amendments to Chapter 144, Fire Prevention and Building Code Administration, and Chapter 280, Zoning, in connection with Building Permit Fees. WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefore be it RESOLVEDENACTS that the Town Board of the Town of Southold hereby the proposed “A Local Law in relation to Amendments to Chapter 144, Fire Local Law entitled, Prevention and Building Code Administration, and Chapter 280, Zoning, in connection with Building Permit Fees ” reads as follows: LOCAL LAW NO. 2010 “A Local Law in relation to Amendments to Chapter 144, Fire A Local Law entitled, Prevention and Building Code Administration, and Chapter 280, Zoning”, in connection with Building Permit Fees . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town Board has reviewed the building permit and certificate of occupancy fees associated with the Town’s Fire Prevention and Building Code Administration (Chapter 144) and the Zoning Code (Chapter 280) and have determined that the calculation of building permit fees is outdated and requires revision. Additionally, the Town Board is removing the references to certificate of occupancy fees in Chapter 280 and relocating such fees within Chapter 280 so that all Building Department fees are located in Chapter 144. II. Chapter 144 of the Code of the Town of Southold is hereby amended as follows: § 144-8. Building permit required; application for permit. K. Permit fees. Southold Town Meeting Agenda - August 10, 2010 Page 24 (1) The following fees shall be paid upon the filing of an application with the Building Inspector for a building permit, which fees shall be paid into the general fund if the application is approved or returned to the applicant if the application is denied: (a) Single-family dwellings: [1] New dwellings and alterations or additions to existing dwellings: $200, plus $0.40 for each square foot of floor area in excess of 850 square feet. [2] Accessory buildings and additions or alterations to existing accessory buildings: $100, plus $0.40 for each square foot of floor area in excess of 500 square feet. (b) Farm buildings and additions or alterations to existing farm buildings: $150 for each building. (c) Hotel, motel, multiple dwellings and business, industrial and all other buildings, including wineries: [1] New buildings and additions and alterations to existing buildings: $250, plus $0.40 for each square foot of floor area in excess of 1,000 square feet. [2] Accessory buildings and additions and alterations to existing accessory buildings: $100, plus $0.40 for each square foot of floor area in excess of 500 square feet. (d) Foundations constructed under existing buildings: $200. (e) In-ground swimming pools, together with required enclosure fencing: $250; aboveground swimming pools, together with required enclosure fencing: $250. (f) The permit fee for all signs shall be $75 per permit. (g) Demolition and/or removal of any building: $70 $100 minimum and $0.30 for each square foot in excess of 300 square feet of floor area. (2) If an application is denied and a notice of disapproval is issued, the applicant shall pay a fee of $50. Southold Town Meeting Agenda - August 10, 2010 Page 25 (3) For the purpose of this Subsection K, cellars, decks, attached garages and any habitable area shall be included in the calculation of floor area. (4) Preconstruction fee. If any land clearing or excavation or building or commencement of any construction activity is without the benefit of applicable Town permits, all fees associated with any land clearing or excavation or building or construction activity will be equal to double the otherwise applicable fee for all permits as provided by this chapter. (5) Notwithstanding the foregoing, no fee shall be required of or paid by taxing entities or districts, including but not limited to fire districts, school districts, park districts and the like. (6) In the event that a building permit is not approved, the applicant shall be entitled to a refund of 50% of the fee paid within one year of issuance, provided that no construction has commenced. § 144-15. Certificate of occupancy required; application. E. Certificate of occupancy fees. [Amended 3-14-1989 by L.L. No. 3-1989; 9-26-1989 by L.L. No. 20-1989] (1) The following fees shall be paid upon the filing of an application with the Building Inspector for a Building Permit, which fee shall be paid into the general fund if the application is approved or returned to the applicant if the application is denied: (a) Business buildings and/or business uses and additions and alterations thereto: $50. (b) New dwellings and additions and alterations thereto: $50. (c) Accessory buildings and additions and alterations thereto: $50. (d) Preexisting dwellings: $100.EN (e) Updated certificates of occupancy by reason of additions or alterations: $50. (f) Copies of certificates of occupancy: $0.25.EN [Amended 12-21-1993 by L.L. No. 26-1993; 4-30-1996 by L.L. No. 3-1996] (2) Notwithstanding the foregoing, no fee shall be required or paid by taxing entities or districts, including but not limited to fire districts, school districts, park districts Southold Town Meeting Agenda - August 10, 2010 Page 26 and the like. III. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: § 280-154. Certificates of Occupancy. H. Certificate of occupancy fees. [Amended 3-14-1989 by L.L. No. 3-1989; 9-26-1989 by L.L. No. 20-1989] (1) The following fees shall be paid upon the filing of an application with the Building Inspector for a certificate of occupancy, which fee shall be paid into the general fund if the application is approved or returned to the applicant if the application is denied: (a) Business buildings and/or business uses and additions and alterations thereto: $50. (b) New dwellings and additions and alterations thereto: $25. (c) Accessory buildings and additions and alterations thereto: $25. (d) Preexisting dwellings: $100.EN (e) Updated certificates of occupancy by reason of additions or alterations: $50. (f) Copies of certificates of occupancy: $0.25.EN [Amended 12-21-1993 by L.L. No. 26-1993; 4-30-1996 by L.L. No. 3-1996] (2) Notwithstanding the foregoing, no fee shall be required or paid by taxing entities or districts, including but not limited to fire districts, school districts, park districts and the like. IV. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. V.EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Southold Town Meeting Agenda - August 10, 2010 Page 27 ? Vote Record - Resolution RES-2010-634 ? 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 VI. PUBLIC HEARINGS Motion To: Motion to recess to Public Hearing RESOLVEDbe and hereby is declared that this meeting of the Southold Town Board Recessed in order to hold a public hearing. 1. Set PH LL/Building Permit Fees 2. PH 8/10/10 7:35 Pm - Night Fishing Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at __________ P.M. * * * * * Elizabeth A. Neville Southold Town Clerk