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HomeMy WebLinkAboutTB-05/01/2015 SpecialELIZABETH A. NEVILLE osU�Fo1k TOWN CLERK �oo� 000y o � REGISTRAR OF VITAL STATISTICS o MARRIAGE OFFICER y�/o1 Sao' RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD SPECIAL MEETING May 1, 2015 11:30 AM Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631) 765 - 1800 southo l dtown.northfork. n et A Special Meeting of the Southold Town Board was held Friday, May 1, 2015 at the Conference Room, Southold, NY. I. Call to Order 11:30 AM Meeting called to order on May 1, 2015 at Conference Room, 53095 Route 25, Southold, NY. Attendee Name me Organizations Title Status Arrived Robert Ghosio Town ofSouthold _ Councilman Absent � James Dinizio Jr Town of Southold Councilman Present William P. Ruland Town of Southold Councilman Present Jill Doherty Town of Southold_ Councilwoman ? Present _ µLouisa P Evans Town of Southold Justice Absent Scott A. Russell Town of Southold Supervisor ,Present Elizabeth A. Neville Town of Southold Town of Southold Town Clerk Town Attorney ; Present - F Tv Present William Duffy Pledge to the Flag II. Discussion 1. 11:30 Am - Jim Bunchuck 2. Board of Assessment Review 3. EXECUTIVE SESSION - Proposed Acquisition of Real Property 4. Motion To: Motion to Enter Executive RESOLVED that the Town Board of the Town of Southold hereby Enter into Executive Session at 11:48AM for the purpose of discussing the following matters: Proposed Acquisition of Real Property — Mattituck Park District, 630 Pike Street, Mattituck, NY Southold Town Board Special Meeting May 1, 2015 Possible appointments to the Board of Assessment Review Litigation — Doherty vs. Town of Southold; Town of Southold vs. North Fork Sanitation RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER: William P. Ruland, Councilman AYES: James Dinizio Jr, William P. Ruland, Jill Doherty, Scott A. Russell ABSENT: Robert Ghosio, Louisa P. Evans 5. Motion To: Motion to Exit Executive page 2 RESOLVED that the Town Board of the Town of Southold hereby Exit/Recess from this Executive Session at 12:04 PM. RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER: James Dinizio Jr, Councilman AYES: James Dinizio Jr, William P. Ruland, Jill Doherty, Scott A. Russell ABSENT: Robert Ghosio, Louisa P. Evans III. Resolutions 2015-392 CATEGORY. Seqra DEPARTMENT. • Town Attorney SEQRA - Proposed Acquisition of Pike Street Property, SCTM 1000-140-3-5 RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed "acquisition of Mattituck Park District property located at 630 Pike Street, Mattituck, NY, SCTM #1000-140-3-5, to be used for Town parking purposes" is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith, and is consistent with LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. ✓ Vote Record - Resolution RES -2015-392 El Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated Robert Ghosio Voter ❑ ❑ _ ❑ D ❑ Tabled James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Withdrawn William P. Ruland Mover i [a ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty Seconder. 2 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P. Evans Voter ❑ ❑ ❑ El ❑ Rescinded Scott A. Russell Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt Southold Town Board Special Meeting page 3 May 1, 2015 ❑ No Action ❑ Lost 2015-393 CATEGORY.• Bond DEPARTMENT: Town Clerk Parking Lot Bond BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED MAY 1, 2015, AUTHORIZING THE ACQUISITION OF A PARKING LOT FOR TOWN PARKING PURPOSES, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $250,000, APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE, AND AUTHORIZING THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT OF $250,000 TO FINANCE SAID APPROPRIATION THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two- thirds of all the members of said Town Board) AS FOLLOWS: Section 1. The Town of Southold, in the County of Suffolk, New York (herein called the "Town"), is hereby authorized to acquire a parking lot, consisting of approximately 0.75 acres, currently owned by the Mattituck Park District, located at 630 Pike Street, Mattituck, New York (SCTM #1000-140-3-5), to be used for Town parking purposes. The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $250,000 and said amount is hereby appropriated for such purpose. The plan of financing includes the issuance of bonds in the principal amount of $250,000 to finance said appropriation, and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Section 2. Bonds of the Town in the principal amount of $250,000 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 objects or purposes for which said bonds are authorized to be issued, within the limitations of Section 11.00 a. 20(f) of the Law, is ten (10) 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 purposes 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. Southold Town Board Special Meeting May 1, 2015 page 4 (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 its capacity as Lead Agency pursuant to the provisions of the New York State Environmental Quality Review Act ("SEQRA"), has determined that the project described in Section 1 hereof is an Unlisted action pursuant to SEQRA, and has determined that the project will not result in any significant adverse environmental impacts. 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. 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: Southold Town Board Special Meeting page 5 May 1, 2015 TOWN OF SOUTHOLD, NEW YORK PLEASE TAKE NOTICE that on May 1, 2015, 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 May 1, 2015, authorizing the acquisition of a parking lot for Town parking purposes, stating the estimated maximum cost thereof is $250,000, appropriating said amount for such purpose, and authorizing the issuance of bonds in the principal amount of $250,000 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 acquire a parking lot, consisting of approximately 0.75 acres, currently owned by the Mattituck Park District, located at 630 Pike Street, Mattituck, New York (SCTM #1000-140-3-5), to be used for Town parking purposes; STATING the estimated maximum cost thereof, including preliminary costs, and costs incidental thereto and the financing thereof, is $250,000; APPROPRIATING said amount for such purpose; and STATING the plan of financing includes the issuance of bonds in the principal amount of $250,000 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; SECOND: AUTHORIZING the issuance of bonds in the principal amount of $250,000 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 bonds are authorized to be issued is ten (10) 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 purposes for which said bonds are authorized; and the proposed maturity of said bonds will exceed five (5) years; and STATING that the Town Board, as Lead Agency pursuant to the New York State Environmental Quality Review Act ("SEQRA"), has determined that the project for which the bonds are authorized is an Unlisted action under SEQRA and that the project will not result in any significant adverse environmental impacts; 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: May 1, 2015 Elizabeth A. Neville Town Clerk Southold Town Board Special Meeting page 6 May 1, 2015 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 1st day of May, 2015, 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 MAY 1, 2015, AUTHORIZING THE ACQUISITION OF A PARKING LOT FOR TOWN PARKING PURPOSES, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $250,000, APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE, AND AUTHORIZING THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT OF $250,000 TO FINANCE SAID APPROPRIATION The object or purpose for which the bonds are authorized is the acquisition of a parking lot, consisting of approximately 0.75 acres, currently owned by the Mattituck Park District, located at 630 Pike Street, Mattituck, New York (SCTM #1000-140-3-5), to be used for Town parking purposes, at the estimated maximum cost of $250,000 The maximum amount of obligations authorized to be issued is $250,000. The period of probable usefulness is ten (10) years. A complete copy of the bond resolution summarized above shall be available for public inspection during normal business hours at the office of the Town Clerk, at the Town Hall, 53095 Main Street. Southold. New York. ✓ Vote Record - Resolution RES -2015-393 a Adopted - Yes/Aye No/Nay Abstain r Absent ❑Adopted as Amended Robert Ghosio Voter ❑ ❑ ❑ ❑ ❑ Defeated ❑ Tabled James Dinizio Jr Seconder 0 ❑ ❑ ❑ ❑ Withdrawn William P. Ruland Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty Mover 0 0 ❑ 0 Southold Town Board Special Meeting page 7 May 1, 2015 ❑ Tax Receiver's Appt Louisa P. Evans Voter ❑ ❑ j ❑ 0 ❑ Rescinded Scott A. Russell Voter 0 ❑ i ❑ ! ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2015-39x4 CATEGORY. • Committee Appointment DEPARTMENT: Town Clerk Apopintment to Board of Assessment Review RESOLVED that the Town Board of the Town of Southold hereby appoints John F. Betsch to the Board of Assessment Review to fill an unexpired term of office to expire on September 30, 2015. ✓ Vote Record - Resolution RES -2015-394 0 Adopted Yes/Aye No/Nay Abstain Absent 0 Adopted ---- — ---T- --- Yes/Aye —�- - No/Nay ; Abstain ' Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio I Voter (� __.... ❑ ❑� ❑ R, ❑ Withdrawn James Dinizio Jr ;Voter D i ❑ ❑ ; ❑ ❑ Supervisor's Appt William P. Ruland Mover 011 j El El ❑ Tax Receivers Appt ❑ Rescinded Jill Doherty Seconder, 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P. Evans Voter I ❑ ❑ ! ❑ 0 ❑ Supt Hgwys Appt Scott A. Russell Voter 1 0 ❑ ! ❑ ❑ ❑ No Action _ ❑ Lost 2015-395 CATEGORY. Committee Appointment DEPARTMENT.- Town Clerk Appointment to Board of Assessment Review RESOLVED that the Town Board of the Town of Southold hereby appoints Denis Noncarrow to the Board of Assessment Review to fill an unexpired term of office to expire on September 30, 2018. ✓ Vote Record - Resolution RES -2015-395 0 Adopted Yes/Aye No/Nay Abstain Absent Southold Town Board Special Meeting May 1, 2015 page 8 ❑ Adopted as Amended Robert Ghosio Voter j ❑ ❑ j ❑ j Q ❑ Defeated James Dinizio Jr Voter Q ❑ ❑ ❑ ❑ Tabled William P. Ruland Mover Q ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Seconder Q ❑ i ❑ ❑ ❑ Supervisor's Appt Louisa P. Evans Voter ❑ ❑ ❑ Q ❑ Tax Receiver's Appt Scott A. Russell Mover ':. LI 1 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost ❑ ❑Town Clerk's Appt Louisa P. Evans Voter ! ❑ t ❑ 2015-396 CATEGORY. Attend Seminar DEPARTMENT. • Town Clerk Training for Board of Assessment Review RESOLVED that the Town Board of the Town of Southold hereby grants permission to Phyllis Atkinson, Gerard Schultheis, Nicholas Planamento, John F. Betsch, and Denis Noncarrow to attend training at the Suffolk County Office of Real Property in Riverhead on May 5, 2015. All expenses for registration, travel to be a legal charge to the 2015 Assessors budget (meetings and seminars). ✓ Vote Record - Resolution RES -2015-396 Q Adopted Yes/Aye No/Nay 1 Abstain Absent ❑ Adopted as Amended • Defeated ❑ Tabled-- Robert Ghosio -V-Otell 0 - i ❑ E _....._,-,,._..___, ❑ .......... _.. Q ❑ Withdrawn James Dinizio Jr ! Voter Q ❑ ❑ ❑ ❑Supervisor's Appt William P. Ruland f Mover 1 Q j 0 ❑ El ❑Tax Receiver's Appt ❑ Rescinded Jill Doherty Seconder; Q I ❑ ❑ ❑ ❑Town Clerk's Appt Louisa P. Evans Voter ! ❑ t ❑ 0 EI ❑ Supt Hgwys Appt ScottA. Russell Voter Q .❑ 0 ❑ ❑ No Action ❑ Lost Southold Town Board Special Meeting page 9 May 1, 2015 IV. Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 12:13 P.M. Eliz th A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Scott A. Russell, Supervisor SECONDER: Jill Doherty, Councilwoman AYES: James Dinizio Jr, William P. Ruland, Jill Doherty, Scott A. Russell ABSENT: Robert Ghosio, Louisa P. Evans