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HomeMy WebLinkAboutAG-03/15/2011 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 7:30 pm AGENDA SOUTHOLD TOWN BOARD March 15, 2011 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 March 15, 2011 at Southold Town Human Resource Center, 750 Pacific Street, Mattituck, NY. I. REPORTS 1. Justice Rudolph H. Bruer February 2011 2. Justice William H. Price Southold Town Meeting Agenda - March 15, 2011 Page 2 February 2011 3. Justice Louisa P. Evans February 2011 4. Special Projects Coordinator February 2011 5. Building Department February 2011 6. Zoning Board of Appeals February 2011 7. Human Resource Center February 2011 8. Island Group Employee Health Care Plan Claim Lag Report 3/1/10-2/28/11 9. Dept. of Public Works February 2011 10. Recreation Department Monthly Report February 2011 11. Program for the Disabled February 2011 12. Town Clerk Monthly Report February 2011 II. PUBLIC NOTICES 1. Spring Leaf & Brush Cleanup Program Begins Monday, April 11 in Orient 6 Week Grace Period April 11 - May 15, 2011 2. Application to Army Corps of Engineers Gordon Seaman, Ole Jule Lane, Mattituck - James Creek - replace dock attached to bridge section onto a fixed platform. Southold Town Meeting Agenda - March 15, 2011 Page 3 3. Renew NYS Liquor License Pagano’s, Main Rd., Southold III. COMMUNICATIONS IV. DISCUSSION 1. 9:00 A.M. - Bob Scott Senior Citizen Affidavit Program 2. 9:15 A.M. - Mark Terry Horsley Witten Contract / Sub-Watershed Concept Plans 3. 9:30 A.M. - Heather Lanza, Mark Terry Mattituck Corridor Study, short term, long term goals 4. 10:00 A.M. - Michael Kurz, Ted Webb East End Seaport Museum and East End Lighthouses 5. 10:30 A.M. - Jim Bunchuck E-waste Disposal, Carpet Recycling and Seminar Request 6. Carters Permits L L 7. Energy Committee Councilman Krupski 8. Code Enforcement 9. Fishers Island Ferry District Property Maintenance Issues 10. Liquor License Application 11. Request to Use Town-Owned Open Space Tall Pines 12. Exposure Control Plan 13. Executive Session 1:00 P.M. - Litigation Strategies Regarding the Following Cases: Nocro, Lttd and the Heritage at Cutchogue, L L C v. T O S, et. al. Village of Greenport v. Kace LI, L L C East End Resources, L L C v. T O S Planning Board, et. al. Southold Town Meeting Agenda - March 15, 2011 Page 4 Joseph Battaglia, et. al. v. Board of Trustees of the T O S Frank Isler, Esq. and Heather Lanza re Heritage, Kace, Cross Sound Ferry and E E Resources 14. Executive Session - 2:00 PM - Labor Matters involving Employment of Particular Person(s) Meeting with the Zoning Board of Appeals V. RESOLUTIONS 2011-221 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby March 15, 2011. ? Vote Record - Resolution RES-2011-221 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ?????????? Supervisor's Appt Christopher Talbot ?? Tax Receiver's Appt ???????? Albert Krupski Jr. ?? Rescinded ???????? Louisa P. Evans ?? Town Clerk's Appt ???????? Scott Russell ?? Supt Hgwys Appt ?? No Action 2011-222 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Set Next Town Board Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held at 4:30 PM on Tuesday, March 29, 2011 at the Southold Town Hall, Southold, New York Southold Town Meeting Agenda - March 15, 2011 Page 5 ? Vote Record - Resolution RES-2011-222 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? ??Christopher Talbot Supervisor's Appt ?? Tax Receiver's Appt ???????? Albert Krupski Jr. ?? Rescinded ???????? Louisa P. Evans ?? Town Clerk's Appt ???????? Scott Russell ?? Supt Hgwys Appt ?? No Action 2011-195 Tabled 3/1/2011 4:30 PM CATEGORY: Budget Modification DEPARTMENT: Public Works Budget Modification-Appropriate Park & Playground Fiscal Impact: Appropriate park & playground funds for Peconic Lane School as provided in the amended bond resolution for same adopted March 9, 2010 increases the General Fund RESOLVED that the Town Board of the Town of Southold hereby Whole Town 2011 budget as follows: To: Revenues: A.2025.00 Special Recreation Facilities Park & Playground $92,500 Appropriations: A.9901.9.000.100 Interfund Transfers Transfer to Capital Fund $92,500 ? Vote Record - Resolution RES-2011-195 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? ??Christopher Talbot Supervisor's Appt ?? Tax Receiver's Appt ???????? Albert Krupski Jr. ?? Rescinded ???????? Louisa P. Evans ?? Town Clerk's Appt ???????? Scott Russell ?? Supt Hgwys Appt ?? No Action 2011-196 Tabled 3/1/2011 4:30 PM CATEGORY: Policies Southold Town Meeting Agenda - March 15, 2011 Page 6 DEPARTMENT: Town Attorney Adopt TOS Exposure Control Plan WHEREAS , the Town of Southold employs over 200 employees and is one of the largest employers in the Town; and WHEREAS , the Town of Southold is committed to providing a safe and healthful work environment for all employees; and WHEREAS, it is the goal of the Town to provide an Exposure Control Plan that eliminates or minimizes occupational exposure to bloodborne pathogens in accordance with OSHA standard 29 CFR 1910.1030, “Occupational Exposure to Bloodborne Pathogens”; and WHEREAS, the Town of Southold intends to accomplish these goals through the implementation of training programs and remediation systems to protect employees that may have exposure to bloodborne pathogens. NOW, THEREFORE, BE IT RESOLVEDhereby adopts the Town of that the Town Board of the Town of Southold Southold Exposure Control Plan. ? Vote Record - Resolution RES-2011-196 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? ??Christopher Talbot Supervisor's Appt ?? Tax Receiver's Appt ???????? Albert Krupski Jr. ?? Rescinded ???????? Louisa P. Evans ?? Town Clerk's Appt ???????? Scott Russell ?? Supt Hgwys Appt ?? No Action 2011-223 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Community Development 2011 Shellfish Program Fiscal Impact: An Agreement with Cornell Cooperative Extension, in connection with the 2011 Town of Southold Shellfish Hatchery Program, at Cedar Beach, Southold RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an Agreement with Cornell Cooperative Extension Southold Town Meeting Agenda - March 15, 2011 Page 7 in connection with the 2011 Southold Town Shellfish Program , in the amount of $18,000 for the 2011 term January 1, 2011 through December 31, 2011, all in accordance with the approval of the Town Attorney. ? Vote Record - Resolution RES-2011-223 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? ??Vincent Orlando Withdrawn ?????????? Supervisor's Appt Christopher Talbot ?? Tax Receiver's Appt ???????? Albert Krupski Jr. ?? Rescinded ???????? Louisa P. Evans ?? Town Clerk's Appt ???????? Scott Russell ?? Supt Hgwys Appt ?? No Action 2011-224 CATEGORY: Attend Seminar DEPARTMENT: Supervisor Grant Permission to Special Event Coordinator Phillip Beltz to Attend a Seminar on Substance Abuse Prevention for Youth RESOLVED grants permission to that the Town Board of the Town of Southold hereby Special Project Coordinator Phillip Beltz to attend a seminar on Substance Abuse Prevention for Youth sponsored by the Suffolk County Partners in Prevention to be held at April 08, 2011. Brookhaven Town Hall, on The seminar is free; there shall be no travel costs. ? Vote Record - Resolution RES-2011-224 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ?????????? Supervisor's Appt Christopher Talbot ?? Tax Receiver's Appt ???????? Albert Krupski Jr. ?? Rescinded ???????? Louisa P. Evans ?? Town Clerk's Appt ???????? Scott Russell ?? Supt Hgwys Appt ?? No Action 2011-225 CATEGORY: Budget Modification DEPARTMENT: Trustees Pump Out Boat’s Maintenance & Repairs Fiscal Impact: Southold Town Meeting Agenda - March 15, 2011 Page 8 Spring commissioning and maintenance & repairs for the two Town pump-out boats. RESOLVEDmodifies the General Fund that the Town Board of the Town of Southold hereby Whole Town Board of Trustees 2011 budget as follows: From: A.8090.4.400.840 Pump-Out Waste Disposal $1,000.00 To: A.8090.4.400.600 Equipment Maintenance & Repairs $1,000.00 ? Vote Record - Resolution RES-2011-225 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ?????????? Supervisor's Appt Christopher Talbot ?? Tax Receiver's Appt ???????? Albert Krupski Jr. ?? Rescinded ???????? Louisa P. Evans ?? Town Clerk's Appt ???????? Scott Russell ?? Supt Hgwys Appt ?? No Action 2011-226 CATEGORY: Budget Modification DEPARTMENT: Accounting 2010 General Fund Whole Town Budget Modification Fiscal Impact: Several Police Department payroll accounts are over-expended from the accrual recorded for an estimate of 2010 PBA salary increases to be paid in the future, after settlement with PBA RESOLVEDmodifies the General Fund that the Town Board of the Town of Southold hereby Whole Town 2010 budget as follows: From: A.3120.1.100.100 Police, Regular Earnings $25,500 Total $25,500 To: A.3120.1.100.200 Police, Overtime Earnings $13,000 A.3120.1.100.300 Police, Vacation Earnings 6,000 A.3120.1.100.400 Police, Sick Earnings 6,500 Total $25,500 Southold Town Meeting Agenda - March 15, 2011 Page 9 ? Vote Record - Resolution RES-2011-226 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? ??Vincent Orlando Withdrawn ?????????? Supervisor's Appt Christopher Talbot ?? Tax Receiver's Appt ???????? Albert Krupski Jr. ?? Rescinded ???????? Louisa P. Evans ?? Town Clerk's Appt ???????? Scott Russell ?? Supt Hgwys Appt ?? No Action 2011-227 CATEGORY: Budget DEPARTMENT: Town Clerk Declare Certain Alarm Accounts as Uncollectible RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs declare the following Supervisor Scott A. Russell to authorize the Town Clerk’s Office to alarm fines as uncollectible and should be removed from said accounts : Anna Stalzer Alarm Permit No 889 Amount due = $400 Long Island Party Plus Inc. Alarm Permit No. 1369 Amount due = $600 ? Vote Record - Resolution RES-2011-227 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? ??Vincent Orlando Withdrawn ?????????? Supervisor's Appt Christopher Talbot ?? Tax Receiver's Appt ???????? Albert Krupski Jr. ?? Rescinded ???????? Louisa P. Evans ?? Town Clerk's Appt ???????? Scott Russell ?? Supt Hgwys Appt ?? No Action 2011-228 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Community Development 2011 Youth Services Program RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the 2011 Southold Town Youth Services Agreement with the County of Suffolk and the Family Service League, in the amount of $10,585, for the Southold Town Meeting Agenda - March 15, 2011 Page 10 term January 1, 2011 through December 31, 2011, all in accordance with the approval of the Town Attorney. ? Vote Record - Resolution RES-2011-228 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? ??Christopher Talbot Supervisor's Appt ?? Tax Receiver's Appt ???????? Albert Krupski Jr. ?? Rescinded ???????? Louisa P. Evans ?? Town Clerk's Appt ???????? Scott Russell ?? Supt Hgwys Appt ?? No Action 2011-229 CATEGORY: Employment - Town DEPARTMENT: Accounting Authorizes PT Food Svc Sandra Davids to Work FT WHEREAS full-time employee # _1690 in the Town’s Programs for the Aging has taken ill and is expected to be out of work for approximately 5 weeks and WHEREAS the Town Board has determined that the Town’s Programs for the Aging requires full-time coverage, now therefore be it RESOLVED Part-Time Food that the Town Board of the Town of Southold hereby authorizes Service Worker Sandra Davids to work full-time to cover this absence starting on March 16, 2011; rate of pay at Ms. Davids’ existing rate of $13.56 per hour. ? Vote Record - Resolution RES-2011-229 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? ??Christopher Talbot Supervisor's Appt ?? Tax Receiver's Appt ???????? Albert Krupski Jr. ?? Rescinded ???????? Louisa P. Evans ?? Town Clerk's Appt ???????? Scott Russell ?? Supt Hgwys Appt ?? No Action 2011-230 CATEGORY: Budget Modification DEPARTMENT: Fishers Island Ferry District Southold Town Meeting Agenda - March 15, 2011 Page 11 Modify the 2010 Fishers Island Ferry District Budget Fiscal Impact: To cover overextended line items in the 2010 FIFD budget. RESOLVEDmodifies the 2010 Fishers that the Town Board of the Town of Southold hereby Island Ferry District budget as follows: Increase: Revenues : SM.1760.10 Ferry Ops, Freight $5,100 Freight Revenue Total $5,100 Increase: Expenditures: SM 1420.4.000.000 Legal Fees $4,000 Oil Contract and Leases SM 5709.2.000.200 Repairs Dock/Terminals 500 Snow removal items SM 5710.2.000.000 Ferry Repairs 200 Both Vessels SM 5710.2.000.200 Ferry Repairs 200 RP Maintenance SM 5710.4.000.000 Ferry Operations 100 Drug test, new hire SM 5710.4.000.500 Computer Ops 100 Software adjustments Total $5,100 ? Vote Record - Resolution RES-2011-230 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ?????????? Supervisor's Appt Christopher Talbot ?? Tax Receiver's Appt ???????? Albert Krupski Jr. ?? Rescinded ???????? Louisa P. Evans ?? Town Clerk's Appt ???????? Scott Russell ?? Supt Hgwys Appt ?? No Action 2011-231 CATEGORY: Budget DEPARTMENT: Town Clerk Authorize a Refund of $2000.00 to T-Mobile for Site Plan and Special Exception Southold Town Meeting Agenda - March 15, 2011 Page 12 RESOLVEDauthorizes a refund of $2000.00 the Town Board of the Town of Southold hereby T- ($1000 application fee and $1000 Special Exception fee) in Deferred Account B.691 to Mobile for its project at East Marion Fire Department which is now exempt from approval requirements as a result of a Town Code change in 2010. ? Vote Record - Resolution RES-2011-231 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ?????????? Supervisor's Appt Christopher Talbot ?? Tax Receiver's Appt ???????? Albert Krupski Jr. ?? Rescinded ???????? Louisa P. Evans ?? Town Clerk's Appt ???????? Scott Russell ?? Supt Hgwys Appt ?? No Action 2011-232 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to EMS Battalion 44 to Use Route 25 and Route 48 While Passing through Southold on Its EMS Memorial Bike Ride on Sunday, May 15, 2011 Fiscal Impact: Police cost for Event = $169.89 if escort is used RESOLVEDgrants permission to EMS that the Town Board of the Town of Southold hereby Battalion 44 to use Route 25 and Route 48 while passing through Southold on its EMS Memorial Bike Ride on Sunday, May 15, 2011 , provided they file with the Town Clerk 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. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. All fees for this event are waived. ? Vote Record - Resolution RES-2011-232 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ?????????? Supervisor's Appt Christopher Talbot ?? Tax Receiver's Appt ???????? Albert Krupski Jr. ?? Rescinded ???????? Louisa P. Evans ?? Town Clerk's Appt ???????? Scott Russell ?? Supt Hgwys Appt ?? No Action Southold Town Meeting Agenda - March 15, 2011 Page 13 2011-233 CATEGORY: Special Events DEPARTMENT: Town Clerk Wounded Warrier Project Car Show Fiscal Impact: Police Department cost for Event = $443.24 (based on minimal amount of manpower) RESOLVEDSpecial Event the Town Board of the Town of Southold does hereby authorizes a Permit be issued to the Peconic Bay Region of the Antique Automobile Club to hold a Wounded Warrior Project Car Show at Strawberry Fields in Mattituck on May 28, 2011 (rain date May 29) provided the applicant files with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold and the County of Suffolk as additional insured. All fees for this Special Events Permit shall be waived. ? Vote Record - Resolution RES-2011-233 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? ??Christopher Talbot Supervisor's Appt ?? Tax Receiver's Appt ???????? Albert Krupski Jr. ?? Rescinded ???????? Louisa P. Evans ?? Town Clerk's Appt ???????? Scott Russell ?? Supt Hgwys Appt ?? No Action 2011-234 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to the North Fork/Southold Little League Baseball & Softball to Hold Its Opening Day Parade in Peconic on Saturday, April 16, 2011 Fiscal Impact: Police Department cost for event = $226.16 RESOLVEDgrants permission to the North the Town Board of the Town of Southold hereby Fork/Southold Little League Baseball & Softball to use the following roads for its Opening Day Parade in Peconic on Saturday, April 16, 2011, beginning at 11:30 AM at the Recreation Center parking lot, Peconic Lane and Carroll Avenue, provided they file with the Town Clerk 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. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. All fees shall be waived. Southold Town Meeting Agenda - March 15, 2011 Page 14 ? Vote Record - Resolution RES-2011-234 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? ??Christopher Talbot Supervisor's Appt ?? Tax Receiver's Appt ???????? Albert Krupski Jr. ?? Rescinded ???????? Louisa P. Evans ?? Town Clerk's Appt ???????? Scott Russell ?? Supt Hgwys Appt ?? No Action 2011-235 CATEGORY: Budget Modification DEPARTMENT: Town Clerk Amend 2009 Capital Project Budget Fiscal Impact: Reduces the budget by $7,912. WHEREAS New York State has cut Local Government Records Management Improvement Fund (LGRMIF) grants by 10%, which includes the grant provided for the Town of Southold’s Municity Software project, and WHEREAS the vendor engaged by the Town has agreed to receive less for the Municity Software project, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby reduces the Capital Budget in the 2010 Capital Fund for the Municity Software Project as follows: Revenues H.3089.10 Records Archive Grant $7.912 Appropriations: H.1680.2.400.200 Central Data Processing, Equipment & Capital Outlay Municity Software $7,912 ? Vote Record - Resolution RES-2011-235 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ?????????? Supervisor's Appt Christopher Talbot ?? Tax Receiver's Appt ???????? Albert Krupski Jr. ?? Rescinded ???????? Louisa P. Evans ?? Town Clerk's Appt ???????? Scott Russell ?? Supt Hgwys Appt ?? No Action Southold Town Meeting Agenda - March 15, 2011 Page 15 2011-236 CATEGORY: Property Usage DEPARTMENT: Land Preservation Southold Elementary School / Tall Pine Preserve RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Southold Elementary School to conduct a Spring 2011 Class Project at property referred to as Tall Pines Preserve, being a Town-owned Open Space parcel further identified as SCTM #1000-79-8-16.1 located between North Bayview Road and Paradise Point Road in Southold, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured. ? Vote Record - Resolution RES-2011-236 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? ??Vincent Orlando Withdrawn ???????? ??Christopher Talbot Supervisor's Appt ?? Tax Receiver's Appt ???????? Albert Krupski Jr. ?? Rescinded ???????? Louisa P. Evans ?? Town Clerk's Appt ???????? Scott Russell ?? Supt Hgwys Appt ?? No Action 2011-237 CATEGORY: Attend Seminar DEPARTMENT: Solid Waste Management District SW Federation Conference 2011 TO BE TABLED RESOLVED grants permission to Solid that the Town Board of the Town of Southold hereby Waste Coordinator Bunchuck to attend the 2011 Federation of NY Solid Waste Associations Annual Conference and Trade Show in Bolton Landing, NY, on May 1 - 4, 2011. All expenses for registration, travel, and lodging to be a legal charge to the 2011 Solid Waste Management District budget (meetings and seminars). Southold Town Meeting Agenda - March 15, 2011 Page 16 ? Vote Record - Resolution RES-2011-237 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? ??Christopher Talbot Supervisor's Appt ?? Tax Receiver's Appt ???????? Albert Krupski Jr. ?? Rescinded ???????? Louisa P. Evans ?? Town Clerk's Appt ???????? Scott Russell ?? Supt Hgwys Appt ?? No Action 2011-238 CATEGORY: Legal DEPARTMENT: Public Works Cutchogue Municipal Parking Lot - Closure Fiscal Impact: Public Notice of the closure of a privately-owned passageway located in the Cutchogue Municipal Parking Lot as per the Lease Agreement RESOLVED authorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to publish a Legal Notice in the Suffolk Times Newspaper, giving notice that a privately-owned passageway located along the easterly property line boundary of SCTM#1000-102-5-3, 1000-102-5-4 and 1000-102-5-9.6, at Main Road and Griffing Street, Cutchogue, New York, for approximately twelve (12) feet to the property now or formally know as Old Town Art & Crafts, will be closed to the public for a period of 24 consecutive hours beginning April 14, 2011 at 8AM until April 15, 2011 at 8AM. ? Vote Record - Resolution RES-2011-238 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ?????????? Supervisor's Appt Christopher Talbot ?? Tax Receiver's Appt ???????? Albert Krupski Jr. ?? Rescinded ???????? Louisa P. Evans ?? Town Clerk's Appt ???????? Scott Russell ?? Supt Hgwys Appt ?? No Action 2011-239 CATEGORY: Advertise DEPARTMENT: Police Dept Request Town Clerk to Advertise for Traffic Control Officers for the 2011 Season Southold Town Meeting Agenda - March 15, 2011 Page 17 RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise for two (2) weeks for Traffic Control Officers for the 2011 summer season at the hourly wage of $15.83 per hour. Applications must be received by Friday, April 22, 2011. ? Vote Record - Resolution RES-2011-239 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ?????????? Supervisor's Appt Christopher Talbot ?? Tax Receiver's Appt ???????? Albert Krupski Jr. ?? Rescinded ???????? Louisa P. Evans ?? Town Clerk's Appt ???????? Scott Russell ?? Supt Hgwys Appt ?? No Action 2011-240 CATEGORY: Public Service DEPARTMENT: Highway Department Spring Cleanup for Both LEAVES AND BRUSH Will Commence on Monday, April 11, 2011, in ORIENT and End at LAUREL RESOLVEDSpring by the Town Board of the Town of Southold that the Highway Department Cleanup for both LEAVES AND BRUSHMonday, April 11, 2011, in will commence on ORIENT and end at LAUREL ; be it further RESOLVED acceptance of residential the Town Board hereby authorizes the leaves, brush and branches at the Southold Town Solid Waste District Compost Facility in Cutchogue, free of charge, for six weeksin connection with the 2011 Spring Cleanup. The grace period is for those homeowners who wish grace to take their leaves, brush and branches directly to the compost site. The period will start on Friday, April 1, 2011, and continue through Sunday, May 15, 2011; be it further RESOLVEDFishers Island Spring Cleanup will also commence on Monday, that the April 11, 2011. Southold Town Meeting Agenda - March 15, 2011 Page 18 ? Vote Record - Resolution RES-2011-240 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? ??Christopher Talbot Supervisor's Appt ?? Tax Receiver's Appt ???????? Albert Krupski Jr. ?? Rescinded ???????? Louisa P. Evans ?? Town Clerk's Appt ???????? Scott Russell ?? Supt Hgwys Appt ?? No Action 2011-241 CATEGORY: Attend Seminar DEPARTMENT: Building Department Training RESOLVED grants permission to that the Town Board of the Town of Southold hereby Electrical Inspector Roger Richert to attend New York State Code training in Stony Brook, New York, on March 22, 23 & 24, April 26, 27 & 28, May 24, 25 & 26, June 28, 29 & 30 & July 26, 27 & 28, 2011: 8:00 am to 4:00pm. All expenses for registration and travel to be a legal charge to the 2011 Building Department budget (meetings and seminars). ? Vote Record - Resolution RES-2011-241 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ?????????? Supervisor's Appt Christopher Talbot ?? Tax Receiver's Appt ???????? Albert Krupski Jr. ?? Rescinded ???????? Louisa P. Evans ?? Town Clerk's Appt ???????? Scott Russell ?? Supt Hgwys Appt ?? No Action 2011-242 CATEGORY: Budget Modification DEPARTMENT: Accounting Establish Capital Budget for Bus and Minivan Fiscal Impact: Establish capital projects in the Capital Fund for a Type 1 16-passenger bus and a minivan for the Human Services Department Southold Town Meeting Agenda - March 15, 2011 Page 19 WHEREAS the Town Board of the Town of Southold adopted a 2011 Capital Budget which includes a $42,307 appropriation for the Human Services Department’s 12-Passenger Bus and a $33,000 appropriation for 2 Mini-SUV’s, and WHEREAS the Department Head has determined that the Department requires a 16-passenger bus with wheelchair lift at a cost of $46,429 and one minivan at a cost still to be determined, and WHEREAS the Town’s Capital Budget process requires a resolution to formally establish a Capital Budget item in the Capital Fund, now therefore be it RESOLVED authorizes the that the Town Board of the Town of Southold hereby establishment of the following Capital Projects in the 2011 Capital Fund : Capital Project Name:Minivan Financing Method: Transfer from the General Fund Whole Town Budget: Revenues: H.5031.20 Interfund Transfers $28,800 Appropriations: H.6772.2.300.100 Programs for the Aging Capital Outlay Minivan $28,800 Capital Project Name:Type 1 Adult Passenger Bus Financing Method: Transfer from the General Fund Whole Town Budget: Revenues: H.5031.20 Interfund Transfers $46,507 Appropriations: H.6772.2.300.300 Programs for the Aging Capital Outlay Type 1 Passenger Buses $46,507 ? Vote Record - Resolution RES-2011-242 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ?????????? Supervisor's Appt Christopher Talbot ?? Tax Receiver's Appt ???????? Albert Krupski Jr. ?? Rescinded ???????? Louisa P. Evans ?? Town Clerk's Appt ???????? Scott Russell ?? Supt Hgwys Appt ?? No Action Southold Town Meeting Agenda - March 15, 2011 Page 20 2011-243 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney 2011 Letter of Intent, Etc. W/NYS EFC Fiscal Impact: Authorizes and Directs Supervisor Scott A. Russell to Execute the Letter of Intent, Clean Vessel Assistance Program Operation & Maintenance Annual Application, Request for Reimbursement Form, and Any Other Accompanying Documents Between the Town of Southold and the New York State Environmental Facilities Corporation RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Letter of Intent, Clean Vessel Assistance Program Operation & Maintenance Annual Application, request for reimbursement form, and any other accompanying documents between the Town of Southold and the New York State Environmental Facilities Corporation in connection with the filing of a Clean Vessel Assistance Program Operation & Maintenance Grant Program Annual Application for 2011, for grant funds up to the maximum amount of $5,000 per boat regarding the two pump-out boats owned and operated by the Town of Southold, utilized for the Town and Fishers Island, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2011-243 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ?????????? Supervisor's Appt Christopher Talbot ?? Tax Receiver's Appt ???????? Albert Krupski Jr. ?? Rescinded ???????? Louisa P. Evans ?? Town Clerk's Appt ???????? Scott Russell ?? Supt Hgwys Appt ?? No Action 2011-244 CATEGORY: Planning DEPARTMENT: Town Attorney Approve PB Training Proposal for 2011 RESOLVEDauthorizes and approves that the Town Board of the Town of Southold hereby the Southold Town Planning Board’s training proposal entitled “Planning Board Training Requirement Proposal for 2011” as sufficient to satisfy the training requirements for Planning Board officials pursuant to Town Law Section 271(7)(a-d). Southold Town Meeting Agenda - March 15, 2011 Page 21 ? Vote Record - Resolution RES-2011-244 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? ??Christopher Talbot Supervisor's Appt ?? Tax Receiver's Appt ???????? Albert Krupski Jr. ?? Rescinded ???????? Louisa P. Evans ?? Town Clerk's Appt ???????? Scott Russell ?? Supt Hgwys Appt ?? No Action 2011-245 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Accounting Authorizes and Directs Supervisor Scott A. Russell to Execute the Engagement Letter with George R. Rehn, CPA, Regarding Performing an Audit of the Peconic Bay Community Preservation Fund for the Year Ended December 31, 2010 RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the engagement letter with George R. Rehn, CPA regarding performing an audit of the Peconic Bay Community Preservation Fund for the year ended December 31, 2010 , at a cost not to exceed $7,000.00, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2011-245 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? ??Christopher Talbot Supervisor's Appt ?? Tax Receiver's Appt ???????? Albert Krupski Jr. ?? Rescinded ???????? Louisa P. Evans ?? Town Clerk's Appt ???????? Scott Russell ?? Supt Hgwys Appt ?? No Action 2011-246 CATEGORY: Property Usage DEPARTMENT: Recreation Southold High School Use of Tennis Courts RESOLVEDgrants permission to that the Town Board of the Town of Southold hereby Southold High School to use Tasker Park tennis courts for high school tennis matches from March 19, 2011 through April 8, 2011 . There will be 14 tennis matches. Applicant must file Southold Town Meeting Agenda - March 15, 2011 Page 22 with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as additional insured before the first event. ? Vote Record - Resolution RES-2011-246 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? ??Christopher Talbot Supervisor's Appt ?? Tax Receiver's Appt ???????? Albert Krupski Jr. ?? Rescinded ???????? Louisa P. Evans ?? Town Clerk's Appt ???????? Scott Russell ?? Supt Hgwys Appt ?? No Action 2011-247 CATEGORY: Employment - Town DEPARTMENT: Accounting Create and Set a Salary Scale for Town Engineer RESOLVEDcreates the position of that the Town Board of the Town of Southold hereby Town Engineer and establishes the annual rate of pay for Town Engineer as follows: Effective Date / Entry Step Level 1 2 3 4 5 January 1, 2011 $80,000.00 $83,944.00 $85,522.00 $87,652.00 $89,229.00 $93,174.00 January 1, 2012 $83,200.00 $87,302.00 $88,943.00 $91,158.00 $92,799.00 $96,901.00 ? Vote Record - Resolution RES-2011-247 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? ??Christopher Talbot Supervisor's Appt ?? Tax Receiver's Appt ???????? Albert Krupski Jr. ?? Rescinded ???????? Louisa P. Evans ?? Town Clerk's Appt ???????? Scott Russell ?? Supt Hgwys Appt ?? No Action 2011-248 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney LL/Senior Citizen Exemption/Affidavit Southold Town Meeting Agenda - March 15, 2011 Page 23 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 15 day of March, 2011, a Local Law entitled relation to Amendments to Chapter 245, Taxation, to Permit Eligible Senior Citizens to Receive an Automatic Exemption after Receiving Exemption for Five (5) Consecutive Years”. RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the th 12 day of April, 2011 at 7:32 p.m. at which time all interested persons will be given an opportunity to be heard. “A Local Law in relation to Amendments to Chapter 245, The proposed Local Law entitled, Taxation, to Permit Eligible Senior Citizens to Receive an Automatic Exemption after Receiving Exemption for Five (5) Consecutive Years” reads as follows: LOCAL LAW NO. 2011 “A Local Law in relation to Amendments to Chapter 245, Taxation, to A Local Law entitled, Permit Eligible Senior Citizens to Receive an Automatic Exemption after Receiving Exemption for Five (5) Consecutive Years” . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The New York State Real Property Tax Law §467 provides that any person granted a Senior Citizen Exemption on five (5) consecutive completed assessment rolls shall not be subject to further application requirements, provided the Town Board adopts a local law relieving the individuals from such further application requirements, thereby making such exemption automatic on each subsequent assessment roll. The Town Board intends to permit this procedure for the Senior Citizen Exemption within the Town of Southold. II. Chapter 245 of the Code of the Town of Southold is hereby amended as follows: §245-3 Applications. A. Applications for such exemption must be made by the owner or all of the owners of the property, on forms prescribed by the State Board, to be furnished by the appropriate assessing authority, and shall furnish the information and be executed in the manner required or prescribed in such forms and shall be filed in such Assessor's office on or before the appropriate taxable status date. B. Any person who has been granted an exemption pursuant to this Article on five consecutive completed assessment rolls shall not be subject to the requirements set forth Southold Town Meeting Agenda - March 15, 2011 Page 24 on Subsection A of this section; however, said persons shall be mailed an application form by the Assessor and a notice informing him of his rights. Such exemption shall be automatically granted on each subsequent assessment roll; provided, however, that when tax payment is made by such person, a sworn affidavit must be included with the tax payment, which shall state that such person continues to be eligible for said exemption. Such affidavit shall be on a form prescribed by the State Board as provided by the Assessor. If such affidavit is not included with the tax payment, the Receiver of Taxes shall proceed pursuant to §551-a of the Real Property Tax Law. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV.EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ? Vote Record - Resolution RES-2011-248 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ?????????? Supervisor's Appt Christopher Talbot ?? Tax Receiver's Appt ???????? Albert Krupski Jr. ?? Rescinded ???????? Louisa P. Evans ?? Town Clerk's Appt ???????? Scott Russell ?? Supt Hgwys Appt ?? No Action 2011-249 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint Gary Ostroski to Temporary Cook WHEREAS full-time employee # _ 1690___, a cook, in the Town’s Programs for the Aging has taken ill and is expected to be out of work for approximately 5 weeks and WHEREAS the Town Board has determined that the Town’s Programs for the Aging requires a cook, now therefore be it Southold Town Meeting Agenda - March 15, 2011 Page 25 RESOLVED that the Town Board of the Town of Southold hereby appoints Gary Ostroski to the position of Temporary Cook to cover this absence starting on March 16, 2011 at a rate of pay of $37,874.21 per annum. ? Vote Record - Resolution RES-2011-249 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? ??Vincent Orlando Withdrawn ?????????? Supervisor's Appt Christopher Talbot ?? Tax Receiver's Appt ???????? Albert Krupski Jr. ?? Rescinded ???????? Louisa P. Evans ?? Town Clerk's Appt ???????? Scott Russell ?? Supt Hgwys Appt ?? No Action 2011-250 CATEGORY: Bond DEPARTMENT: Town Clerk Amend Bond for the Peconic School Property 2011 RESOLUTION OF THE TOWN OF SOUTHOLD (THE “TOWN”), NEW YORK, ADOPTED MARCH 15, 2011, FURTHER AMENDING THE BOND RESOLUTION HERETOFORE ADOPTED BY THE TOWN BOARD OF THE TOWN ON FEBRUARY 26, 2008 AND PREVIOUSLY AMENDED ON MARCH 9, 2010, RELATING TO THE PECONIC SCHOOL BUILDING PROJECT Recitals WHEREAS, the Town Board of the Town of Southold, in the County of Suffolk, New York, has heretofore duly authorized (a) the 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”); 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; Southold Town Meeting Agenda - March 15, 2011 Page 26 WHEREAS, it was heretofore determined that the estimated maximum cost of the Land Acquisition was $1,031,400, that the scope of the work to be performed in connection with the Building Improvements had 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 maximum cost of the Building Improvements, including preliminary costs and costs incidental thereto and the financing thereof, was $468,600; WHEREAS, on March 9, 2010, the Town Board determined that it was necessary and in the public interest to amend the bond resolution adopted on February 26, 2008 to (a) decrease the appropriation for the Land Acquisition by $68,600 and increase the appropriation for the Building Improvements by $68,600 and (b) appropriate an additional $150,000 to reflect the revised costs as required pursuant to applicable law, and to fully fund the projects described herein; WHEREAS, the Town Board has determined that the scope of the work to be performed in connection with the Building Improvements will need to be increased to include additional required improvements including, but not limited to, the installation of public water, a handicapped accessibility ramp, and paving of parking lots, and the estimated maximum cost of the Building Improvements, including preliminary costs and costs incidental thereto and the financing thereof, is now determined to be $561,100; WHEREAS, the Town Board expects that the increase in the estimated maximum cost of the Building Improvement will be paid from other available funds in connection with such project; WHEREAS, the Town Board has now determined that it is necessary and in the public interest to further amend the bond resolution adopted on February 26, 2008 and previously amended on March 9, 2010 to (a) increase the appropriation for the Building Improvements by $92,500 and (b) appropriate an additional $92,500 to reflect the revised costs as required pursuant to applicable law, 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 and amended on March 9, 2010, entitled: “Bond Resolution of the Town of Southold, New York (“Town”), Southold Town Meeting Agenda - March 15, 2011 Page 27 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,” is hereby amended to read as follows: BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK (“TOWN”), ADOPTED FEBRUARY 26, 2008, AMENDED MARCH 9, 2010 AND FURTHER AMENDED ON MARCH 15, 2011, 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 $561,100; STATING THE ESTIMATED TOTAL COST THEREOF IS $1,592,500; APPROPRIATING SAID AMOUNT THEREFOR, INCLUDING THE EXPENDITURE OF $242,500 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- Southold Town Meeting Agenda - March 15, 2011 Page 28 thirds of all the members of said Town Board) AS FOLLOWS: 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 $561,100 (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 $1,592,500 and the said amount is hereby appropriated therefor. The plan of financing includes the expenditure of up to $242,500 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. Authorizing any funds to be received from the United States of America, State of New York or any other sources to be expended towards the cost of the Building Improvements or redemption of the Town’s bonds or notes issued therefor, or to be budgeted as an offset to the taxes to be collected for the payment of the principal of and interest on said bonds or notes. 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. The following additional matters are hereby determined and declared: (a) The period of probable usefulness applicable to the Land Acquisition, for which $1,031,400 serial bonds are authorized to be issued, within the limitations of Section 11.00 a. 21(a) of the Law, is thirty (30) years; however, the maturity of said bonds shall not exceed twenty-five (25) years. The building or buildings to be improved are of Class “A” construction as defined by Section 11.00 a. 11(a) of the Law and the period of probable usefulness applicable to the Building Improvements, for which $561,100 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 Southold Town Meeting Agenda - March 15, 2011 Page 29 to the provisions of the New York State Environmental Quality Review Act, constituting Article 8 of the Environmental Conservation Law, and 6 N.Y.C.R.R., Regulations Part 617 (“SEQRA”) has heretofore determined that: (i) the Land Acquisition described herein is an Unlisted Action pursuant to SEQRA, which will not result in any significant adverse environmental impact and a negative declaration has been adopted and filed and (ii) the Building Improvements described herein are a Type II Action pursuant to SEQRA and no further review is required. (d) The proposed maturity of the bonds authorized by this resolution will exceed five (5) years. 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. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. This bond resolution is subject to a permissive referendum and the Town Clerk of said Town of Southold is hereby authorized and directed to cause to be published, in full, within Southold Town Meeting Agenda - March 15, 2011 Page 30 “The Suffolk Times,” ten (10) days after the adoption of this resolution, in 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 15, 2011, 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, and previously amended on March 9, 2010, which bond resolution, as further amended, is entitled: “Bond Resolution of the Town of Southold, New York (“Town”), adopted February 26, 2008, amended March 9, 2010, and further amended on March 15, 2011 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 $561,100; stating the estimated total cost thereof is $1,592,500; appropriating said amount therefor, including the expenditure of $242,500 grant funds and other available funds to pay a part of said appropriation; and authorizing the issuance of $1,350,000 serial bonds of said Town to finance the balance of said appropriation,” an abstract of which bond resolution concisely stating the purpose and effect thereof, being as follows: FIRST: AUTHORIZING said Town to (a) acquire from the Southold Union Free School District, for use as a Town Recreation Center and for other Town Purposes, the certain parcel of land, containing 4.3 acres more or less, in the Town, known as the “Peconic School Property,” located at 1170 Peconic Lane, and designated on the Suffolk County Land and Tax Map as 1000-075.00-01.00-013.000, including the Peconic School Building and all other buildings and improvements thereon, at the estimated maximum cost of $1,031,400 (the “Land Acquisition”), and (b) construct improvements to such Peconic School Building and all other buildings, at the estimated maximum cost of $561,100 (the “Building Improvements”); STATING the estimated total cost thereof, including preliminary costs, and costs incidental thereto and the financing thereof, is $1,592,500; APPROPRIATING said amount therefor, including the expenditure of up to $242,500 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; Southold Town Meeting Agenda - March 15, 2011 Page 31 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 $541,100 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 15, 2011 Elizabeth A. Neville 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 Southold Town Meeting Agenda - March 15, 2011 Page 32 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 Town Clerk is hereby authorized and directed to cause said bond resolution, as amended, to be Exhibit A published, in summary, in substantially the form set forth in attached hereto and made “The Suffolk Times,” a part hereof, in hereby designated the official newspaper for said publication, together with a Notice in substantially the form as prescribed by Section 81.00 of the Local Finance Law of the State of New York. Section (E) This amending resolution shall take effect immediately. * * * EXHIBIT A BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK (“TOWN”), ADOPTED FEBRUARY 26, 2008, AMENDED MARCH 9, 2010 AND FURTHER AMENDED ON MARCH 15, 2011, 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 $561,100; STATING THE ESTIMATED TOTAL COST THEREOF IS $1,592,500; APPROPRIATING SAID AMOUNT THEREFOR, INCLUDING THE EXPENDITURE OF $242,500 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 $561,100; the estimated total cost thereof being $1,592,500. The amount of obligations to be issued is $1,350,000, with the balance of $242,500 to be paid from grant funds and other available funds. Southold Town Meeting Agenda - March 15, 2011 Page 33 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 Town Clerk, at the Town Hall, 53095 Main Street, Southold, New York. Dated: March 15, 2011 Southold, New York ? Vote Record - Resolution RES-2011-250 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? ??Christopher Talbot Supervisor's Appt ?? Tax Receiver's Appt ???????? Albert Krupski Jr. ?? Rescinded ???????? Louisa P. Evans ?? Town Clerk's Appt ???????? Scott Russell ?? Supt Hgwys Appt ?? No Action 2011-251 CATEGORY: Litigation DEPARTMENT: Town Attorney Retains Frank A. Isler, Esq. as Special Counsel in the Supreme Court, Suffolk County, Civil Action Entitled “Joseph Battaglia, Et Al. V. Board of Trustees of the Town of Southold” Under Index No. 11- 7706 RESOLVEDretains Frank A. Isler, Esq. that the Town Board of the Town of Southold hereby as Special Counsel in the Supreme Court, Suffolk County, civil action entitled “Joseph Battaglia, et al. v. Board of Trustees of the Town of Southold” under Index No. 11-7706 . ? Vote Record - Resolution RES-2011-251 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? ??Vincent Orlando Withdrawn ?????????? Supervisor's Appt Christopher Talbot ?? Tax Receiver's Appt ???????? Albert Krupski Jr. ?? Rescinded ???????? Louisa P. Evans ?? Town Clerk's Appt ???????? Scott Russell ?? Supt Hgwys Appt ?? No Action Southold Town Meeting Agenda - March 15, 2011 Page 34 2011-252 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Reappoint J. Wiggins to BOAR RESOLVEDreappoints Jonathan Wiggins the Town Board of the Town of Southold hereby to the Southold Town Board of Assessment Review effective immediately through September 30, 2015. ? Vote Record - Resolution RES-2011-252 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? ??Vincent Orlando Withdrawn ???????? ??Christopher Talbot Supervisor's Appt ?? Tax Receiver's Appt ???????? Albert Krupski Jr. ?? Rescinded ???????? Louisa P. Evans ?? Town Clerk's Appt ???????? Scott Russell ?? Supt Hgwys Appt ?? No Action 2011-253 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute an E-Waste Collection Agreement Between the Town of Southold and WeRecycle! LLC to Participate in an Electronics Take-Back Program for the Recycling of Covered Electronics RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an E- Waste Collection Agreement between the Town of Southold and WeRecycle! LLC to participate in an electronics take-back program for the recycling of covered electronics, as defined under New York State’s Electronic Waste Management Act, at no cost to the Town of Southold, effective April 1, 2011, subject to the approval of the Town Attorney; and be it further RESOLVED that such covered E-Waste shall be accepted at the Town of Southold Transfer Station at no charge to residents, effective April 1, 2011. Southold Town Meeting Agenda - March 15, 2011 Page 35 ? Vote Record - Resolution RES-2011-253 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? ??Christopher Talbot Supervisor's Appt ?? Tax Receiver's Appt ???????? Albert Krupski Jr. ?? Rescinded ???????? Louisa P. Evans ?? Town Clerk's Appt ???????? Scott Russell ?? Supt Hgwys Appt ?? No Action 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