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Home My WebLink AboutAG-11/06/2024 WS November 6, 2024 Town Board Work Session IV-1 9:00 Jack Malley, Chairman of the Economic Development Committee with Jennifer Del Vaglio, Economic Development Committee Member re: Update on the 2025 WinterFest IV-2 9:15 John Sepenoski, GIS Technician/Land Management Coordinator with Taralynn Reynolds of Group for the East End re: Monarch Waystation Signs for the Monarchs Matter Program IV-3 9:30 Dan Goodwin, Superintendent of Highways re: 1. Discussion of Budget Modification to Fund Equipment Purchase 2.Auctioning of Surplus Equipment IV-4 9:45 Dan Goodwin, Superintendent of Highways with Michael Collins,Town Engineer re: 2024 Paving and Drainage Progress IV-5 10:00 Town Board Break IV-6 10:15 Heather Lanza,Town Planning Director re:Zoning Update Project Progress IV-7 Councilwoman Doherty re: 1. Discussion of the Proposed Local Law entitled, "A Local Law in Relation to the Reimbursement to the Town of Technical Consultant Fees and may also be referred to as the Technical Consultant Fee Reimbursement Law" (has been set for PH on 12/3) 2. Continued Town Board Discussion of Down's Farm Building Plans IV-8 Councilwoman Smith re: Upcoming Conference- Bridging the Gap 2024 IV-9 Continued Discussion of Renaming Town Beach in Honor of Lt. George Sullivan IV-10 Veteran's Day Ceremony: November 11, 2024 at 11:OOAM on the Front Lawn of American Legion Post 803, Main Road in Southold at the Monument Corner IV-11 Supervisor Krupski re: Setting Up a Cottage Model on Town Owned Land- How to Manage Costs &Transfers IV-12 Supervisor Krupski re: Special Event Organizational Meeting IV-13 Town Board Lunch Break Executive Session. IV-14 Potential Acquisition(s), Sale or Lease of Real Property Where Publicity Would Substantially Affect the Value Thereof 12:30 Lillian McCullough, Land Preservation Executive Assistant IV-15 Labor- Matter Involving the Employment/Appointment of a Particular Person(s) 1:00 Chief Steven Grattan I , r j � y1171 ✓fir f l � t A rl � a �' 1 , ✓/ r, I (fy, r[✓1 Vj% r _ _ �Jf r; r f�jjjjl " RESOLUTION 2024-928 CID L ADOPTED CC lD. 20742 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2024-928 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 22,2024: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 22nd day of October, 2024, a Local Law entitled "A Local Law in Relation to Reimbursement to the Town of Technical Consultant Fees"; now, therefore, be it 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 3095 Main load Southold New York, on the 3rd day of December, 2024 at 7:00 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in Relation to the Reimbursement to the Town of Technical Consultant Fees and ma also be referred to as the Technical Consultant Fee Reimbursement Law." reads as follows: LOCAL LAW NO. 2024 A Local Law in Relation to the Reimbursement of the Town Planning Board for Technical Consultant Fees BE IT ENACTED BY, the Town Board of the Town of Southold as Follows: Section 1. AUTHORITY This amendment is enacted by local law pursuant to the authority of the New York Municipal Home Rule Law Section 10. To the extent that Town Law, including Town Law §§274-a, 276, 277 and 278, does not directly authorize the Town, including the Town Planning Board, to require reimbursement to the Town of reasonable and necessary legal, engineering and other professional consulting fees, expenses and costs incurred by the Town in connection with engineering, scientific, land use planning, environmental, legal or other similar professional reviews/assessment/advice concerning the adequacy, procedural or substantive aspects of applications or of the issues raised during the cost of review/consideration of such applications, including for site plan approvals, subdivision approvals or for any other land use or development permits or approvals required by the Town Planning Board. It is the express intent of the Town to change and supersede such statutes to permit the same. Moreover, to the extent that such statutes do not authorize the withholding of acceptance, issuance or approvals in the event such fees, expenses and costs are not paid to the Town, it is the express intent of the Town to supersede such laws to empower the Town to require such payment as a condition to such acceptance, issuance or approvals. Section 2. TITLE This law shall be known as and may be cited as Local Law No. 2024, to Amend the Southold Town Code by adding provisions relating to the Reimbursement to the Town for Consultant Fees and may also be referred to as the "Technical Consultant Fee Reimbursement Resolution 2024-928 Board Meeting of October 22, 2024 Law." Section 3. LEGISLATIVE FINDING, PURPOSE AND INTENT The Town Board hereby finds and determines that in order to ensure the proper government, protection, order, conduct, safety, health and well-being of persons and property in the Town, particularly with respect to certain land developments and projects within the Town, it is necessary to obtain the reasonable and necessary counsel of legal, engineering, and other prol"essionals in connection with engineering, scientific, land use planning, environmental, legal or other similar professional reviews/assessments/advice concerning the adequacy, procedural or substantive aspects of applications, including for site plan approvals, subdivision approvals, or for any other land use or development permits or approvals required by the Town Planning Board. Such counsel ensures that conformity with all applicable governmental laws, codes, rules, regulations and procedures, ensuring the proper and necessary government, protection, order, conduct, safety,health and well-being of persons and property in the Town of Southold. The cost of retaining such competent engineers, attorneys and other professional consultants should primarily be paid by those who initiate and seek to benefit from such developments, projects, rather than by general Town funds which are raised by assessments and/or general taxes paid by the taxpayers of the Town. Section 4. CODE AMENDMENTS Article XXIV Site Plan Approval 280-131 Review Procedure N. Review by independent technical consultants: (1) The Planning Board may determine that a referral to an indeDendent technical consultan ( is deemed necessary to crn_plcte them° review of an anpNiation with the technical consultants' 'fees to be reimbursed by, the applicant. (2) "Technical consultant fee ��``lees") are those reasonable and necessary legal, en LLiee�icy and other rot ssional consultin r Pecs ex ensgs and costs incurred by the Town in connection with engineering, scientific land use lanning, environmental le aal or other similar professional reviews/assessments/advice/services concerning the adeq uacy. roceelural or substantive aspects_or a licKtions or issues addressed during, the course of decision n akin review/a royal/inspection functions of the Town l Planning Board and rendered relative to and in connection with a particular a Dlication, includina site Wan, a rovals subdivision approvals, or for anv other land use or develo.ment aennits or approvals required by the 11,own. (3) Reimbursement Process: [a] Estimate of Costs: Upon on deter°nainina the �aeed fbr technical assistance wthe PlatInin Board...-shallv de t�� l:ic�ant.with an estiniate of the costs for hiring the necessar r consultants and experts. [b] Deposit: The applicant shall_de os�it the estimated amount with the `''own. Clerk, l rior to the commencement of the review. [c] An escrow account for the applicant slaal I be established with the T L "om trp olleer" office. Said escrow account shall be established�wrior to the Town's referral of file application to its consultant°i . Said escrow account shall be funded by t �1�. in an amount to be determined by-the Planning Board. The Planning_Board may suspend its review of thv a pplication until a�w escrow account is estalalished and Updated: 10/22/2024 10:05 AM by Lynda Rudder Page 2 Resolution 2024-928 Board Meeting of October 22, 2024 funded. [d] Withdrawals from said escrow account may be made from time to time to reimburse the Planning Board for the cost of its cons1J.tant('s') professional review services actually incurred. Whenever the balance in such escrow account is reduced to 1/4 of its initial amount. the Bo ard oard shall notify a licant. li ereafler,—the _T4)---j ---- — 4"&an( shall de posit additional funds into such account so as to restore its balance to 1/2 of the initial de -—Plailifing Board. If such account is not replenished within 30 deq s after the a) lica it is notified in writinp- of the re uirement for such additional denosit. the Planning Board niay [e] Ad jIlstmerw. if actual costs exceed the ir�jtial estimate the applicant shall be resDonsible for the additional costs. Conver3elv. if the actual costs are less than the estimate,the renlainina, balance shall be refunded to the appli cant. [f] The consultant(s) will work under the direction of the Town PlannilIg Director, and revorts will be rovided to the oplicant. (4) Failure to Reimburse Consultant Fees: [a] AppliqgLfi n approvals shall rmot lie issued unless the applicant is in compliance with Lilis Clialiter. [b] have been inegire(Lby the"Down but not yet billed to the qpplicant. or where 1ecs have been billed but are �eta�stduq b the a) lmcant but where the Plar r)im)g Board is ready for qpproyal of an an fication. In s val on con) liance with this C associated with such qpplication. [c] In Addition to any other remedy herein OLOtherwise, should an awlicant or owner -fail to reiniburse Consultant Fees in accordance with �IiisQ�ia)ter�remrdlqqs ass whether the subiect application was jjl�timate�lq roved,or otherwise, the IgnM may seek recoveU th i-eof in a Court of Section 5. APPLICATION This local law shall apply to ALL [new and pending] applications for site plans in the Town of Southold. Section 6. VALIDITY AND SEVERABILITY Should any word, section, clause, paragraph, sentence, part or provision of this local law be declared invalid by a Court of competent jurisdiction, such determination shall not affect the validity of any other part hereof. Section 7. REPEAL,AMENDMENT AND SUPERSESSION OF OTHER LAWS All other ordinances or local laws of the Town of Southold which are in conflict with the provisions of this local law are hereby superseded or repealed to the extent necessary to give this local law force and effect. Section 8. EFFECTIVE DATE This local law will take effect immediately upon the filing with the Secretary of State. Denis Noncarrow Updated: 10/22/2024 10:05 AM by Lynda Rudder Page 3 Resolution 2024-928 Board Meeting of October 22, 2024 Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Greg Doroski, Councilman SECONDER:Brian O. Mealy, Councilman AYES: Doroski,Mealy, Smith, Krupski Jr, Doherty, Evans I Updated: 10/22/2024 10:05 AM by Lynda Rudder Page 4