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HomeMy WebLinkAboutAG-08/16/2011ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER FINAL AGENDA Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631 ) 765 - 1800 www. southoldt own.northfork.net SOUTHOLD TOWN BOARD August 16, 2011 4:30 PM POLICY: At scheduled Town Board meetings, the attending public is encouraged to briefly address the Town Board relating to agenda resolutions prior to their enactment; the public will also be given time at the conclusion of the regularly scheduled business agenda to address the Board on any given topic. 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 of Southold website: southoldtown.northfork.net Click on "Town Board On- Line"; Click Box "Yes" to be redirected to IQM2 and you will then be redirected to the Town Clerk online 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 4:30 PM Meeting called to order on August 16, 2011 at Meeting Hall, 53095 Route 25, Southold, NY. I. REPORTS 1. Program for the Disabled July 2011 2. Budget Month ended July 31, 2011 3. Justice Louisa Evans July 2011 Southold Town Meeting Agenda - August 16, 2011 Page 2 4. Justice William Price July 2011 5. Trustees Monthly Report July 2011 6. Zoning Inspector July 2011 7. Justice Rudolph H. Bruer July 2011 8. Zoning Board of Appeals July 2011 9. Department of Public Works July 2011 10. Human Resource Center Monthly Report July 2011 11. Planning Board Monthly Report July 2011 II. PUBLIC NOTICES NYS Liquor License Renewals Village Cheese Shop North Inc., 105 Love Lane, Mattituck Joseph Paul Winery Inc., Vineyard 48, 18910 Middle Rd., Cutchogue lll. COMMUNICATIONS IV. DISCUSSION 1. 9:00 A.M. - Ken Reeves, Parks & Rec Request for Use of Tennis Courts 2. 9:30 A.M. - Jim Bunchuck Replacement of Staff 3. 10:00 A.M. - Jeff Standish Refrigerated Box Truck Purchase 4. 10:15 A.M. - Jim McMahon, Jeff Standish Function of the Department of Public Works per Councilman Krupski 5. Bike-A-Thon Request 6. Special Events & Entertainment Law Discussion of Threshold for Review 7. Ovsianik Change of Zone 8. EXEUCTIVE SESSION - Property Acquisition - Melissa Spiro publicity of which h would substantially affect the value thereof 9. EXECUTIVE SESSION - Labor Matters Involving Employment of Particular Person(s) 10. EXECUTIVE SESSION - Litigation Strategy David Air, et al v. Board of Trustees of the Town of Southold, et al Joseph Battaglia, et al v. Trustees of the Town of Southold Hui Hui Yu, et al. v. Town of Southold, et al. Southold Town Meeting Agenda - August 16, 2011 Page 3 V. RESOLUTIONS 2011-587 CA TEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated August 16, 2011. · /VoteRecord ResolufionRES2011 587 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-588 CATEGORY: DEPARTMENT: Set Meeting Town Clerk Set Next Town Board Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held at 7:30 PM on Tuesday, August 30, 2011 at the Southold Town Hall, Southold, New York ffVoteRecord ResolutionRES 2011 588 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-557 Tabled 8/2/2011 7:30 PM CATEGORY: Property Usage DEPARTMENT: Recreation Southold High School Use of Tennis' Courts Southold Town Meeting Agenda - August 16, 2011 Page 4 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Southold High School to use the tennis courts at Tasker and Jean Cochran Parks for high school tennis matches from September 7 through October 14, 2011. There will be a total of 14 tennis matches. Applicant must file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as additional insured before the first event. v'VoteRecord ResolutionRES 2011 557 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] WithO'awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-589 CATEGORY: Employment - Town DEPARTMENT: Accounting Res/gnat/on of Construction Equipment Operator Frederick Visser RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Fredrie J. Visser from the position of Construction Equipment Operator in the Solid Waste Department, effective August 14, 2011. v'VoteRecord ResolufionRES 2011 589 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&awn Vincent Orlando [] [] [] [] [] Supeiwisor's Appt Ct~'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-590 CATEGORY: DEPARTMENT: Strawberry Fields Recreation Approve Use of Strawberry Fields RESOLVED that the Town Board of the Town of Southold hereby ~rants permission to Bishop McGaIm-Mercv High School to use Strawberry Fields in Matt/tuck for Varsity and JV soccer practice from 3:00 p.m. to 6:00 p.m.~ Monday through Friday and from 8:00 a.m. Southold Town Meeting Agenda - August 16, 2011 Page 5 to noon on Saturdays, commencin~ on August 29 and endin~ on October 31, 2011, subject to the payment of a fee to the Town in the sum of $150 per week during this time period and subject to the Applicant filing with the Town Clerk's Office a One Million Dollar Certificate of Insurance naming the Town of Southold and the County of Suffolk as additional insured, subject to the approval of the Town Attorney. v'VoteRecord ResolutionRES 2011 590 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-591 CATEGORY: DEPARTMENT: Employment - Town Recreation Hire Summer Seasonal Employees RESOLVED that the Town Board of the Town of Southold hereby appoints the following individuals as lifeguards for the remainder of the 2011 summer season - August 17 through September 5. STILLWATER LIFEGUARDS HOURLY SALARY Lyndsie Taylor (lst year) .......................................................... $12.17/hour Margaux Reidy (lst year) .......................................................... $12.17/hour v'VoteRecord ResolutionRES 2011 591 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&awn Vincent Orlando [] [] [] [] [] Supeiwisor's Appt Ct~'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-592 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Accounting Engage Albrecht, Figgiano Zureck-2011 2012Audits Southold Town Meeting Agenda - August 16, 2011 Page 6 Fiscal Impact: Engagement letter for the 2011 financial audit ($71,400), Justice CourtAudit ($5,100), 2012financial audit ($72,800, Justice Court Audit ($5,200). RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott Russell to execute an engagement letter with Albrecht~ Vi~iano~ Zureck and Company~ P.C. in connection with the Fiscal Year 2011 and Fiscal Year 2012 Single Audits of the Town of Southold and audits of the Southold Town Justice Court as required by the New York State Office of Court Administration, at a fee not to exceed $76,500 for the 2011 audit and $78,000 for the 2012 audit, which shall be a legal charge to the General Fund Whole Town Independent Auditing and Accounting Budget (A. 1320.4.500.300), all in accordance with the approval of the Town Attorney. v'VoteRecord ResolutionRES 2011 592 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&'awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ct~'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-593 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Copywrite Agreement for Toy Story 3 RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Scott A. Russell to execute an Exhibition Request Form of Swank Motion Pictures fulfilling Federal copyright requirements for the Youth Bureau's Family Movie Night in the Park viewing of Toy Story 3, subject to the approval of the Town Attorney. v'VoteRecord ResolutionRES 2011 593 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&'awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ct~'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-594 CATEGORY: Close/Use Town Roads Southold Town Meeting Agenda - August 16, 2011 Page 7 DEPARTMENT: Town Clerk Grant Permission to Worth Fork Beach Folleyball to Park Overflow Fehicles Along Breakwater Road, in the Ficmity of Breakwater Park RESOLVED the Town Board of the Town of Southold hereby grants permission to North Side- Out Beach Volleyball League Inc. to park overflow vehicles along Breakwater Road, in the vicinity of Breakwater park on: Saturday, August 27, 2011 (r/d August 28) for the end of season Tournament; on Saturday, September 17, 2011 (r/d September 18, 2011) for the Beach Volleyball awards party, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and provided the cars are displaying a Mattituck Park District stickers or windshield flyers identifying participants or spectators and they contact Chief Martin Flatley of the Southold Police Department immediately for proper placement of the permits. Support is for this year only as the Southold Town Board continues to evaluate town road usage. v'VoteRecord ResolutionRES 2011 594 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-595 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Amend Resolution ~Vo. 2011-533 RESOLVED that the Town Board of the Town of Southold hereby an~ends Resolution No. 2011-533~ adopted on July 19~ 201L to read as follows: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Acquisition A~reement Lease or Purchase between the Town of Southold and Canon Business Solutions~ Inc., in connection with the lease of one (1) Canon IR-6055 copy machine for use by the Justice Court at a monthly cost of $401.00 for a period of si:~y (50) fortv-eieht (48) months from the date of installation, subject to the approval of the Town Attorney. Southold Town Meeting Agenda - August 16, 2011 Page 8 v'VoteRecord ResolutionRES 2011 595 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-596 CATEGORY: DEPARTMENT: Budget Modification Accounting Budget Modification for Debt Service Transfer to Capital Fund Fiscal ]mpact: Allocate debt service appropriated for Fuel Management System to fund the Fuel Management System, as borrowing was reduced by this amount. Funds will not be tran~fered to the Capital Fund until or if needed. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2011 General Fund Whole Town budget as follows: From: A. 9730.6.000.000 To: A. 9901.9.000.100 Bond Anticipation Notes, Principal Total $50,000 $50,000 Transfers to Capital Fund $50,000 Total $50,000 v'VoteRecord ResolutionRES 2011 596 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ct~'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-597 CATEGORY: DEPARTMENT: Budget Modification Accounting Budget Modification for Used Refrigerator Truck Southold Town Meeting Agenda - August 16, 2011 Page 9 Fiscal Impact: Appropriate funds for a used refrigerator truck. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2011 General Fund Whole Town budget as follows: From: A. 1620.1.200.100 To: A. 1620.2.300.200 Buildings & Grounds, Personal Services Part Time Regular Earnings $9,500 Total $9,500 Buildings & Grounds, Equipment Trucks $9,500 Total $9,500 -/VoteRecord ResolutionRES 2011 597 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&awn Vincent Orlando [] [] [] [] [] Supeiwisor's Appt Ct~'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-598 CATEGORY: Bond DEPARTMENT: Town Clerk Bond for Stormwater ~itigation BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED AUGUST 16, 2011, AUTHORIZING THE CONSTRUCTION OF STORMWATER MITIGATION IMPROVEMENTS, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $500,000, APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE, AND AUTHORIZING THE ISSUANCE OF $500,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two- thirds of all the members of said Town Board) AS FOLLOWS: Section 1. The Town of Southold, in the County of Suffolk, New York (herein called the "Town"), is hereby authorized to construct stormwater mitigation improvements. The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the Southold Town Meeting Agenda - August 16, 2011 Page 10 financing thereof, is $500,000 and said amount is hereby appropriated for such purpose. The plan of financing includes the issuance of $500,000 serial bonds of the Town to finance said appropriation, and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Section 2. Serial bonds of the Town in the principal amount of $500,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the "Law"), to finance said appropriation. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness applicable to the class of objects or purposes for which said bonds are authorized to be issued, within the limitations of Section 11.00 a. 4 of the Law, is forty (40) 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 exceed five (5) years. (d) The Town Board of the Town, acting in the role of Lead Agency pursuant to the provisions of the New York State Environmental Quality Review Act ("SEQRA"), has determined that the class of objects or purposes described in Section 1 hereof is a Type II Action as defined under SEQRA the Regulations promulgated thereunder and no further review is required. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 and Section 168.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, and as to the execution of agreements for credit enhancements, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Southold Town Meeting Agenda - August 16, 2011 Page 11 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 publication of such resolution, or a summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This bond resolution is subject to a permissive referendum and the Town Clerk is hereby authorized and directed, within ten (10) days after the adoption of this resolution, to cause to be published in "The Suffolk Times," a newspaper having a general circulation within said Town and hereby designated the official newspaper of the Town for such publication and posted on the sign board of the Town maintained pursuant to the Town Law, a Notice in substantially the following form: TOWN OF SOUTHOLD, NEW YORK PLEASE TAKE NOTICE that on August 16, 2011, the Town Board of the Town of Southold, in the County of Suffolk, New York, adopted a bond resolution entitled: "Bond Resolution of the Town of Southold, New York, adopted August 16, 2011, authorizing the construction of stormwater mitigation improvements, stating the estimated maximum cost thereof is $500,000, appropriating said amount for such purpose, and authorizing the issuance of $500,000 serial bonds of said Town to finance said appropriation," an abstract of which bond resolution concisely stating the purpose and effect thereof, being as follows: FIRST: AUTHORIZING said Town to construct stormwater mitigation improvements; STATING the estimated maximum cost thereof, including preliminary costs, and costs incidental thereto and the financing thereof, is $500,000; APPROPRIATING said amount for such purpose; and STATING the plan of financing includes the issuance of $500,000 serial bonds of the Town to finance said appropriation, and the levy of a tax upon all the taxable real property within the Town to pay the principal of said bonds and interest thereon; SECOND: AUTHORIZING the issuance of $500,000 serial bonds of the Town pursuant to the Local Finance Law of the State of New York to finance said appropriation; THIRD: DETERMINING and STATING that the period of probable usefulness applicable to the purpose for which said serial bonds are authorized to be issued is forty (40) years; the proceeds of said bonds and any bond anticipation notes issued in anticipation thereof may be applied to reimburse the Town for expenditures made after the effective date of this bond resolution for the purpose for which said bonds are authorized; and the proposed maturity of said $500,000 serial bonds will exceed five (5) years; and STATING that the Town Board, as Lead Agency pursuant to the provisions of the New York State Environmental Quality Review Act Southold Town Meeting Agenda - August 16, 2011 Page 12 ("SEQRA"), has determined that the purpose for which the bonds are authorized is a Type II Action and no further review is required; FOURTH: DETERMINING that said bonds and any bond anticipation notes issued in anticipation of said bonds and the renewals of said bond anticipation notes shall be general obligations of the Town; and PLEDGING to their payment the faith and credit of the Town; FIFTH: DELEGATING to the Supervisor the powers and duties as to the issuance of said bonds and any bond anticipation notes issued in anticipation of said bonds, or the renewals thereof; and SIXTH: DETERMINING that the bond resolution is subject to a permissive referendum. DATED: August 16, 2011 Elizabeth A. Neville Town Clerk Section 8. The Town Clerk is hereby authorized and directed to cause said bond resolution to be published, in summary, in substantially the form set forth in Exhibit A attached hereto and made a part hereof, after said bond resolution shall take effect, in the newspaper referred to in Section 7 hereof, and hereby designated the official newspaper for said publication, together with a Notice in substantially the form as provided by Section 81.00 of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York. EXHIBIT A NOTICE The resolution, a summary of which is published herewith, has been adopted on the 16th day of August, 2011, and an abstract thereof has been published and posted as required by law and the period of time has elapsed for the submission and filing of a petition for a permissive referendum and a valid petition has not been submitted and filed. The validity of the obligations authorized by such resolution may be hereafter contested only if such obligations were authorized for an object or purpose for which the Town of Southold, in the County of Suffolk, New York, is not authorized to expend money or if the provisions of law which should have been complied with as of the date of publication of this notice were not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of publication of the notice, or such obligations were authorized in violation of the provisions of the constitution. ELIZABETH A. NEVILLE Town Clerk BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED AUGUST 16, 2011, AUTHORIZING THE CONSTRUCTION OF STORMWATER MITIGATION IMPROVEMENTS, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $500,000, APPROPRIATING SAID AMOUNT THEREFOR, AND AUTHORIZING THE ISSUANCE OF $500,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION Southold Town Meeting Agenda - August 16, 2011 Page 13 The class of objects or purposes for which the bonds are authorized is the construction of stormwater mitigation improvements, at the estimated maximum cost of $500,000 The amount of obligations to be issued is $500,000. The period of probable usefulness is forty (40) 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. v'VoteRecord ResolufionRES 2011 598 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-599 CATEGORY: DEPARTMENT: Budget Modification Police Dept Budget Modification- DD Facation and Sick Earnings Fiscal Impact: Transfer funds due to the retirement of a police department member from April 2011. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2011 General Fund Whole Town budget as follows: From: A. 1990.4.100.200 To: A. 3120.1.100.300 A. 3120.1.100.400 Contingent, Police Retirement Reserve $174,336 Total $174,336 Police, P.S., Vacation Earnings Police, P.S., Sick Earnings Total $75,230 99,106 $174,336 v'VoteRecord ResolutionRES2011 599 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&awn Vincent Orlando [] [] [] [] [] Supeiwisor's Appt Ct~'istopher 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 - August 16, 2011 Page 14 2011-600 CATEGORY: DEPARTMENT: Public Service Town Attorney Grants Permission to Tamsm Yeomans and Ouests to Park Approximately Ten (10) Vehicles at the End of Young's Road in Orient, New York, Between the Hours of 6:00 P.M. and Midnight on Friday, August 26, 2011 RESOLVED that the Town Board of the Town of Southold hereby ~rants permission to Tamsin Yeomans and ~uests to park approximately ten (10) vehicles at the end of Youn~'s Road in Orient~ New York, between the hours of 6:00 p.m. and midnight on Fridav~ August 26~ 2011. Written notice of the authorization granted by this resolution must be displayed by placard in each parked vehicle. · /VoteRecord ResolufionRES 2011 600 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&awn Vincent Orlando [] [] [] [] [] Supeiwisor's Appt Ct~'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-601 CATEGORY: DEPARTMENT: Authorize to Bid Highway Department Advertise for Highway Equipment RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the following: 1 - new 2011 12,000 lb. Capacity Trailer, such as an Interstate 12 R.B.S. Low Deck Tag-Along trailer, or equal; 1 - new 2011 Heavy Duty Land Clearing Brush Cutter Attachment Model DL-66, or equal; 1 - new 2011 Backhoe BH609 Edge/CEattachments, together with 18" digging bucket, or equal; 1 - new 2011 Cold Planer Universal/Coneqtec attachment or equal; The above-listed 3 attachments must all couple to a 2011 Takeuchi-TL240 Rubber Track Loader, and be it further RESOLVED that the appropriation line to be charged for the above purchases will be H.5130.2.300.400. Southold Town Meeting Agenda - August 16, 2011 Page 15 v'VoteRecord ResolufionRES 2011 601 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hg~vys Appt [] No Action 2011-602 CA TE GORY: Equipment DEPARTMENT: Highway Department Purchase of Highway Equipment RESOLVED that the Town Board of the Town of Southold hereby allows the Superintendent of Highways to purchase the following equipment from the New York State Contract: 1 - new 2011 Hyundai 757-9 3.5 Cubic Yard ~Vheel Loader, in the amount of $129,160.00 (this purchase to be from the New York State Contract for mid-size wheel loaders: Award #22063/Group 40603/Contract #PC65308) which will be equipped with 1 - Werk-Brau WL3 GB 100-3.5 Grapple Bucket with JRB Coupler Ears and a B.O.C.E. 3- 4 Bolt on Edge, in the amount of $12,493.65 (this purchase is also to be from the New York State Contract: #40603, less 15% off Werk-Brau's 2010 price); The combined total purchase amount for the above-described equipment purchases will be $141,653.00, all subject to approval by both the Town Board and Town Attorney; and be it further RESOLVED that the Town Board of the Town of Southold hereby allows the Superintendent of Highways to purchase the following equipment from the Suffolk County Contract, Letting #15-09.4.16: 1 - new Takeuchi-TL240 Rubber Track/Skid Steer Loader, complete with a ~eneral purpose Bucket with Cab & Heat, alon~ with High Flow Option 1 and Air Conditionin~ Option 2, in the amount of $53,950.00; and be it further RESOLVED that the appropriation line to be charged for all the above will be H.5130.2.300.400. Southold Town Meeting Agenda - August 16, 2011 Page 16 v'VoteRecord ResolutionRES 2011 602 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-603 CATEGORY: DEPARTMENT: Property Acquisition Public Hearing Land Preservation PH 8/30/11 @ 7:36 Pm - Pmdar/Damianos Der Rights 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 hereby sets Tuesday~ August 30~ 201L at 7:36 p.m, Southold Town Hall~ 53095 Main Road~ Southold~ New York as the time and place for a public hearin~ for the purchase of a development rights easement on property owned by Pindar Vineyards~ LLC. Said property is identified as part of SCTM #1000-108.-4-1.1. The address is 18625 Main Road (NYS Route 25) in Mattituck, New York. The parcel is located on the northerly side of Main Road (NYS Route 25), approximately 1160 feet west of the intersection of Elijah's Lane and NYS Route 25 and lies within two zoning districts, with 0.88± acre in the R-40 zoning district and the remaining acreage in the A-C zoning district. The proposed acquisition is for a development rights easement on a part of the property, located entirely within the A-C zoning district, consisting of approximately 20± acres (subject to survey) of the 24.18± total parcel acreage. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The easement will be acquired using Community Preservation Funds. The purchase price is $61,000 (sixty-one thousand dollars) per buildable acre for the 20± 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 and aquifer recharge values. 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 16, 2011 Page 17 · /VoteRecord ResolutionRES 2011 603 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-604 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk B ike-A- Thon RESOLVED that the Town Board of the Town of Southold hereby ~rants permission to the Bicycle Shows USA to use the followin~ roads Bike-A-Thon on August 28~ 2011 beginning at 6:30AM: Route 25, Moore's Lane, Route 48, Sound View Avenue, Sound View Avenue Ext., and Chapel Lane, Greenport; Lighthouse Road, Soundview Avenue, Horton' Lane, North Sea Drive, and Kenny's Road, Southold; Mill Road, Peconic; Bridge Lane and Oregon Road, Cutchogue; Oregon Road, East Mill Road, Reeve Road, Grand Avenue, Wickham Avenue, Westphalia Road, Cox Neck Road, Bergen Avenue, and Sound Avenue, Mattituck; Peconic Bay Blvd. and Bay Avenue, Laurel; New Suffolk Avenue, Jackson Street, First Street, Orchard Street, and Fifth Street, New Suffolk; Village Lane, King Street, and Narrow River Road, Orient, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured, submit a Special Events fee for $100.00, a $250.00 clean-up deposit, and notify Chief Flatley, upon receipt 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. · /VoteRecord ResolutionRES 2011 604 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-605 CATEGORY: DEPARTMENT: Litigation Town Attorney Retains Frank A. lsler, Esq. as Special Counsel in the Supreme Court, Suffolk County Civil Action Southold Town Meeting Agenda - August 16, 2011 Page 18 Entitled DavidAir, EtAI. I~ Board of Trustees of the Town of $outhold, Town Board of the Town of $outhold, and Orient I~I/ha~Company RESOLVED that the Town Board of the Town of Southold hereby retains Frank A. Isler~ Esq. as Special Counsel in the Supreme Court~ Suffolk County civil action entitled "David Air~ et al. v. Board of Trustees of the Town of Southold~ Town Board of the Town of Southold~ and Orient Wharf Company" under Index No. 11-25432. v'VoteRecord ResolutionRES 2011 605 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] 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 adjoumed at P.M. Elizabeth A~ Neville Southold Town Clerk