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HomeMy WebLinkAboutAG-06/20/2006 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 southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER FINAL AGENDA SOUTHOLD TOWN BOARD June 20, 2006 4:30 PM Attendee Name Present Absent Late Arrival Councilman Albert Krupski Jr. ??? Councilman William P. Edwards ??? Councilman Daniel C. Ross ??? Councilman Thomas H. Wickham ??? Justice Louisa P. Evans ??? Supervisor Scott Russell ??? Town Clerk Elizabeth A Neville ??? Assistant Town Attorney Kieran Corcoran ??? 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. Call to Order. Pledge of Allegiance. I. REPORTS 1. Justice Bruer May 2006 2. Justice Price May 2006 3. Justice Evans May 2006 4. Program for the Disabled May 2006 5. Lag Claim Report May 2006 Southold Town Meeting Agenda - June 20, 2006 Page 2 6. Supervisor’s Monthly Report Month Ended May 31, 2006 7. Town Clerk’s Monthly Report May 2006 8. Southold Animal Shelter Monthly Report April 2006 9. Southold Animal Shelter Monthly Report May 2006 10. Recreation Department Monthly Report May 2006 11. Trustees Monthly Report May 2006 II. PUBLIC NOTICES 1. Notification of Application to NYS Liquor Authority Glebe North Fork, Inc., 5775 West Mill Rd., Mattituck 2. Renewal of Farm Winery License Pellegrini Vineyards III. COMMUNICATIONS None IV. DISCUSSION 1. 10:00 A.M. - Stewardship Melissa Spiro, Jim McMahon 2. 10:30 A.M. Affordable Housing Philip Beltz 3. 11:00 A.M. - Westphalia Intersection, Etc. Honorable Edward P. Romaine 4. Transportation Study 5. Big Box Legislation Councilman Wickham 6. Misc. Code Issues Animals on Residential Property Southold Town Meeting Agenda - June 20, 2006 Page 3 7. Goose Creek Proposal Councilman Wickham, Councilman Ross 8. 12:30 P.M. Executive Session Melissa Spiro Property Acquisition 9. 1:00 P.M. Executive Session Richard Zuckerman, Esq. PBA Contract 10. 1:30 P.M. Executive Session Frank Isler, Esq. Litigation - Cross Sound Ferry 11. Executive Session Given Appraisal - Peconic School 12. Scavenger Waste Plant 13. Stakeholders Fishers Island Hamlet Study V. SPECIAL PRESENTATION 1. Senior Services Personnel VI. RESOLUTIONS 2006-535 CATEGORY: Audit DEPARTMENT: Town Clerk Approve the Audit Dated June 20, 2006 RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby June 20, 2006. Vote Record - Resolution 2006-535 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell Southold Town Meeting Agenda - June 20, 2006 Page 4 2006-536 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Set July 11, 2006 At 7:30 Pm As the Next Town Board Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, July 11, 2006 at the Southold Town Hall, Southold, New York at 7:30 P. M.. Vote Record - Resolution 2006-536 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-343 Tabled 4/11/2006 7:30 PM CATEGORY: Employment - Town DEPARTMENT: Accounting Peter Gatz - DPW Groundskeeper RESOLVEDappoints Peter Gatz to the that the Town Board of the Town of Southold hereby position of Groundskeeper II, in the Department of Public Works at a rate of $24.4208 per hour, effective June 8, 2006 Vote Record - Resolution 2006-343 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-531 Tabled 6/6/2006 7:30 PM CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Appointment to Emergency & Disaster Preparedness Committee Southold Town Meeting Agenda - June 20, 2006 Page 5 RESOLVEDappoints Karen that the Town Board of the Town of Southold hereby McLaughlin effective January 1, 2006 at a compensation of $2,500.00, and Ben Burns effective June 20, 2006 at no stipend, to the Emergency & Disaster Preparedness Committee . Vote Record - Resolution 2006-531 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-532 Tabled 6/6/2006 7:30 PM CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact the Local Law In Relation to Size Limitations on Retail Uses WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk “A Local Law in County, New York, on the 9th day of May, 2006 a Local Law entitled relation to Size Limitations on Retail Uses”, and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard; and WHEREAS , the proposed action has been reviewed pursuant to Chapter 95 of the Town Code and Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has determined that this action is consistent with the LWRP; now therefore be it RESOLVED ENACTS “A Local Law that the Town Board hereby the Local Law entitled, in relation to Size Limitations on Retail Uses” which reads as follows: LOCAL LAW NO. 8 OF 2006 Southold Town Meeting Agenda - June 20, 2006 Page 6 “A Local Law in relation to Size Limitations on Retail Uses” A Local Law entitled, . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose – The goals of the Town of Southold, as set forth in numerous planning documents over the past twenty years, include the preservation of land, preservation of the rural, cultural and historic character of the hamlets, preservation of the Town’s natural environment and natural resources, promotion of a range of housing and business opportunities that support a socio-economically diverse community, and an increase in transportation efficiency while preserving the scenic and historic attributes of the Town. The Town of Southold Hamlet Study, adopted by the Town Board in 2005, recommended amendments to the zoning code which would strengthen the business centers and encourage businesses that support the east end lifestyle. The study concludes that large-scale commercial activity is inconsistent with the community character of the Town, and would be inappropriate. The Local Waterfront Revitalization Plan (LWRP), also adopted by the Town Board in 2005, mandates that all new development should be integrated in the hamlets in a manner that is compatible with the community character, and the economic vitality of the business districts should be enhanced. A report prepared for the Town Board by Mark Terry, Acting Department Head, dated November 2005 titled the “Impacts of Big Box and Large Retail Stores on Community Business and Proposed Amendments to the Town of Southold Town Code” highlights the detrimental effects large scale commercial development can have on small towns. The Town of Southold’s unique geography coupled with these potential detrimental effects on the community have prompted the Town Board to prepare this Local Law. The Town Board enacted a temporary moratorium on retail site plans and special exception use permits over 3000 square feet in October 2005 in order to allow the Town the opportunity to grapple with the issue and adequately prepare a solution to the mounting pressure from large scale retailers. This Local Law is intended to place limits on the sizes of retail structures in the Town of Southold, in order to preserve the community character of the hamlets and the sustainability of the business districts. In addition, the law provides that those seeking larger retail businesses will comply with the Town’s design standards and to demonstrate that the new structure will be in harmony with surrounding community and local economy. II. Chapter 100 of the Code of the Town of Southold is hereby amended as follows: § 100-91. Use Regulations. In the HB District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: Southold Town Meeting Agenda - June 20, 2006 Page 7 A. Permitted uses. The following are permitted uses and, except for those uses permitted under Subsection A(1), A(2), A(3) and A(20) hereof, are subject to site plan approval by the Planning Board: (7) Retail stores, up to a maximum of 6,000 total square feet of gross floor area in any building (excluding unfinished basement and attic areas), notwithstanding the provisions of the Bulk Schedule for Business, Office and Industrial Districts. Such retail stores greater than 3,000 total square feet shall comply with the retail building standards for HB Districts listed below, in addition to the site plan requirements of this Chapter. (a) Building Massing and Facade Treatment i. Variation in Massing a. A standardized building mass shall be prohibited. For the purposes of this Section, the term “standardized” shall include an array of articulated elements, layout, design, logos or similar exterior features that have been applied to four (4) or more retail buildings nationwide. b. Exterior building walls facing side yards shall include materials and design characteristics consistent with those on the front of the building. ii. Building walls that face public streets, connecting pedestrian walkways, or adjacent development shall meet the following standards: (a) Facades shall be subdivided and proportioned using features such as windows, entrances, arcades, arbors, awnings, trellises with vines, or alternate architectural detail that defines human scale, along no less than sixty percent (60%) of the facade. (b) To maintain the “Main Street” character in the Hamlet Centers, buildings shall be sited with a zero (0) or minimum setback from the front property line or primary pedestrian walkways and be transparent between the height of three (3) feet and eight (8) feet above the grade of the walkway for no less than sixty 60% of the horizontal length of the building facade. iii. Awnings. (a) Awnings shall be no longer than a single storefront. Southold Town Meeting Agenda - June 20, 2006 Page 8 (b) Fabric awnings and canvas awnings with a matte finish are permitted. Awnings with high gloss finish and illuminated, plastic awnings are prohibited. iv. Customer Entrances Buildings shall have clearly-defined, highly-visible customer entrance(s) featuring no fewer than three (3) of the following: (a) Canopies or porticos; (b) Overhangs; (c) Recesses/projections; (d) Arcades; (e) Raised corniced parapets over the door; (f) Peaked roof forms; (g) Arches; (h) Outdoor patios; (i) Display windows; (j) Architectural detail such as tile work and moldings integrated into the building structure and design; or (k) Integral planters or wing walls that incorporate landscaped areas and/or places for sitting. v. Buildings containing a drive-through or drive-up window are prohibited. (b) Building Materials 1. All buildings should be constructed or clad with materials that Are durable, economically-maintained, and of a quality that will retain their appearance over time, including, but not limited to, natural or synthetic stone; brick; stucco; integrally-colored, textured, or glazed concrete masonry units or glass. 2. Exterior building materials shall not include the following: i. Smooth-faced gray concrete block, painted or stained concrete block, tilt-up concrete panels; ii. Field-painted or pre-finished standard corrugated metal siding; (c) Signage 1. Advertisements, including trademark logos, service marks may Southold Town Meeting Agenda - June 20, 2006 Page 9 not be affixed, painted or glued onto the windows of the business or onto any exterior structures, including waste disposal receptacles and flags. 2. Florescent and backlit signs located within or on a building or structure and facing an exterior public space are prohibited. (d) Site Design 1. The principal building entrance shall face the primary street frontage and/or sidewalk where practical. 2. New construction along primary pedestrian walkways within the Hamlet Centers shall have a zero (0) or minimum setback from the sidewalk/front property line, whenever possible, to reinforce the “Main Street” street wall. (e) Off–Street Parking 1. Off -street parking shall not be located in the front yard Between the front facade of the building (s) and the primary abutting Street Parking areas must be located in the side and rear yards of the building. Adequate parking shall be provided in accordance with that required by Article XIX, of the Town of Southold Town Code. 2. Parking areas shall be screened from adjacent properties, streets and public sidewalks, pursuant to § 100-214. Landscaped Parking Area. B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, except Subsection (10) which may be permitted as a special exception by the Planning Board, and all such special exception uses shall be subject to site plan approval by the Planning Board. (10) Retail stores in excess of 6,000 total square feet of gross floor area in any building, up to a maximum of 12,000 total square feet of such gross floor area in any building (excluding unfinished basement and attic areas), excepting grocery stores dedicating 70 percent or more of floor space to the sale of food items which shall be permitted up to a maximum of 25,000 total square feet, subject to the following requirements: (a) Compliance with the retail building standards listed below, in addition to the site plan requirements of this Chapter. 1. Building Massing and Facade Treatment Southold Town Meeting Agenda - June 20, 2006 Page 10 a. Variation in Massing i. A standardized dominant building mass shall be prohibited. For the purposes of this Section, the term “standardized” shall include an array of architectural elements, layout, design, logos or similar exterior features that have been applied to four (4) or more retail buildings nationwide. ii. Exterior building walls facing side yards shall include materials and design characteristics consistent with those on the front of the building. iii. Building walls that face public streets, connecting pedestrian walkways, or adjacent development shall meet the following standards: (a) Facades shall be subdivided and proportioned using features such as windows, entrances, arcades, arbors, awnings, trellises with vines, or alternate architectural detail that defines human scale, along no less than sixty percent (60%) of the facade. (b) To maintain the “Main Street” character in the Hamlet Centers, buildings shall be sited with a zero (0) or minimum setback from the front property line or primary pedestrian walkways and be transparent between the height of three (3) feet and eight (8) feet above the grade of the walkway for no less than sixty 60% of the horizontal length of the building facade (c) Buildings shall achieve architectural variation through the inclusion of architectural features such as columns, ribs or pilasters, piers, changes in wall planes and changes in texture or materials consistent with the architecture of adjacent buildings and community character. Southold Town Meeting Agenda - June 20, 2006 Page 11 iv. Awnings. (a) Awnings shall be no longer than a single storefront. (b) Fabric awnings and canvas awnings with a matte finish are permitted. Awnings with high gloss finish and illuminated, plastic awnings are prohibited. v. Customer Entrances Buildings shall have clearly-defined, highly- visible customer entrance(s) featuring no fewer than three (3) of the following: (a) Canopies or porticos; (b) Overhangs; (c) Recesses/projections; (d) Arcades; (e) Raised corniced parapets over the door; (f) Peaked roof forms; (g) Arches; (h) Outdoor patios; (i) Display windows; (j) Architectural detail such as tile work and moldings integrated into the building structure and design; or (k) Integral planters or wing walls that incorporate landscaped areas and/or places for sitting. vi. Buildings containing a drive-through or drive- up window are prohibited. 2. Building Materials a. All buildings should be constructed or clad with materials that are durable, economically-maintained, and of a quality that will retain their appearance over time, including, but not limited to, natural or synthetic stone; brick; stucco; integrally-colored, textured, or glazed concrete masonry units or glass. Southold Town Meeting Agenda - June 20, 2006 Page 12 b. Exterior building materials shall not include the following: i. Smooth-faced gray concrete block, painted or stained concrete block, tilt-up concrete panels; ii. Field-painted or pre-finished standard corrugated metal siding; 3. Signage a. Advertisements, including trademark logos, service marks may not be affixed, painted or glued onto the windows of the business or onto any exterior structures, including waste disposal receptacles and flags. b. Florescent and backlit signs located within or on a building or structure and facing an exterior public space are prohibited. 4. Site Design a. The principal building entrance shall face the primary street frontage and/or sidewalk where practical. b. New construction along primary pedestrian walkways within the Hamlet Centers shall have a zero (0) or minimum setback from the sidewalk/front property line, whenever possible, to reinforce the “Main Street” street wall. 5. Off–Street Parking a. Off -street parking shall not be located in the front yard between the front facade of the building (s) and the primary abutting street. Parking areas must be located in the side and rear yards of the building. Adequate parking shall be provided in accordance with that required by Article XIX, of the Town of Southold Town Code. b. Parking areas shall be screened from adjacent properties, streets and public sidewalks, pursuant to § 100-214. Landscaped Parking Area. Southold Town Meeting Agenda - June 20, 2006 Page 13 (b) The Planning Board shall determine that the proposed retail store(s) will not have an undue adverse impact on the community. In making such a determination, the Planning Board shall conduct or hire a consultant to conduct a Market and Municipal Impact Study, at the expense of the applicant. The study shall be completed within ninety days of receipt of all requested materials and the applicant shall be afforded the opportunity to submit its own such study. The Planning Board shall make such determination within thirty days of its receipt of the study. Such study shall include an analysis of the projected impact of the retail store(s) on: i. The existing local retail market, including market shares, if applicable. ii. The supply and demand for local retail space. iii. Local wages, benefit and employment. iv. Revenues retained within the local economies of the Town of Southold. v. Public service and facilities costs. vi. Public revenues. vii. Impacts on municipal taxes. viii. Impacts of property values in the community. ix. Effects on retail operations in the surrounding market area. x. Employee housing needs, if applicable. xi. The Town of Southold’s ability to implement its Comprehensive Plan consistent with the proposed project. §100-101. Use regulations. In the B District, no building or premises shall be used and no building or part thereof shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1), (12) and (13) hereof, are subject to site plan approval by the Planning Board: (2) Any permitted use set forth in and regulated by § 100-91A(3) to (21) of the Hamlet Business District, except Subsection A(7) as applicable in the Business District is herein modified as follows: (a) Retail stores, up to a maximum of 8,000 total square feet of gross floor area in any building (excluding unfinished basement and attic areas), notwithstanding the provisions of the Bulk Schedule for Southold Town Meeting Agenda - June 20, 2006 Page 14 Business, Office and Industrial Districts. Such retail stores greater than 4,000 total square feet shall comply with the retail building standards for B Districts listed below, in addition to the site plan requirements of this Chapter. 1. Building Massing and Façade Treatment a. Variation in Massing i. A standardized building mass shall be prohibited. For purposes of this Section, the term “standardized” shall include an array of architectural elements, layout, design, logos or similar exterior features that have been applied to four (4) or more retail buildings nationwide. ii. Exterior building walls facing side yards shall include materials and design characteristics consistent with those on the front of the building. iii. Building walls that face public streets, connecting pedestrian walkways, or adjacent development shall meet the following standards: (a) Facades shall be subdivided and proportioned using features such as windows, entrances, arcades, arbors, awnings, trellises with vines, or alternate architectural detail that defines human scale, along no less than sixty percent (60%) of the facade. iv. Awnings. a. Awnings shall be no longer than a single storefront. b. Fabric awnings and canvas awnings with a matte finish are permitted. Awnings with high gloss finish and illuminated, plastic awnings are prohibited. v. Customer Entrances Southold Town Meeting Agenda - June 20, 2006 Page 15 Retail buildings shall have clearly-defined, highly- visible customer entrance(s) featuring no less than three (3) of the following: (a) Canopies or porticos; (b) Overhangs; (c) Recesses/projections; (d) Arcades; (e) Raised corniced parapets over the door; (f) Peaked roof forms; (g) Arches; (h) Outdoor patios; (i) Display windows; (j) Architectural detail such as tile work and moldings integrated into the building structure and design; or (k) Integral planters or wing walls that incorporate landscaped areas and/or places for sitting. vi. Buildings containing a drive-through or drive- up window are prohibited. 2. Building Materials a. All primary buildings should be constructed or clad with materials that are durable, economically-maintained, and of a quality that will retain their appearance over time, including, but not limited to, natural or synthetic stone; brick; stucco; integrally-colored, textured, or glazed concrete masonry units or glass. b. Exterior building materials shall not include the following: i. Smooth-faced gray concrete block, painted or stained concrete block, tilt-up concrete panels; ii. Field-painted or pre-finished standard corrugated metal siding; 3. Signage a. Advertisements, including trademark logos, service marks may not be affixed, painted or glued onto the windows Southold Town Meeting Agenda - June 20, 2006 Page 16 of the business or onto any exterior structures, including waste disposal receptacles and flags. b. Florescent and backlit signs located within or on a building or structure and facing an exterior public space are prohibited. 4. Site Design a. The principal building entrance shall face the primary street frontage and/or sidewalk where practical. 5. Off–Street Parking a. No greater that thirty percent (30%) of the off street parking spaces provided for all uses contained in the development’s building(s) shall be located between the front facade of the building(s) and the primary abutting street. Adequate parking shall be provided in accordance with that required by Article XIX, of the Town of Southold Town Code. b. Parking areas shall be screened from adjacent properties, treets and public sidewalks, pursuant to § 100- 214. Landscaped Parking Area. B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, except Subsection (17) which may be permitted as a special exception by the Planning Board, and all such special exception uses shall be subject to site plan approval by the Planning Board. (17) Retail stores in excess of 8,000 total square feet of gross floor area in any building, up to a maximum of 15,000 total square feet of such gross floor area in any building (excluding unfinished basement and attic areas), excepting grocery stores dedicating 70 percent or more of floor space to the sale of food items which shall be permitted up to a maximum of 25,000 total square feet, subject to the following requirements: (a) Compliance with the retail building standards for B Districts listed below, in addition to the site plan requirements of this Chapter. 1. Building Massing and Facade Treatment Southold Town Meeting Agenda - June 20, 2006 Page 17 a. Variation in Massing i. A standardized building mass shall be prohibited. For purposes of this Section, the term “standardized” shall include an array of architectural elements, layout, design, logos or similar exterior features that have been applied to four (4) or more retail buildings nationwide. ii. Exterior building walls facing side yards shall include materials and design characteristics consistent with those on the front of the building. iii. Building walls that face public streets, connecting pedestrian walkways, or adjacent development shall meet the following standards: (a) Facades shall be subdivided and proportioned using features such as windows, entrances, arcades, arbors, awnings, trellises with vines, or alternate architectural detail that defines human scale, along no less than sixty percent (60%) of the facade. iv. Buildings shall achieve architectural variation through the inclusion of architectural features such as columns, ribs or pilasters, piers, changes in wall planes and changes in texture or materials consistent with the architecture of adjacent buildings and community character. v. Awnings. a. Awnings shall be no longer than a single storefront. b. Fabric awnings and canvas awnings with a matte finish are permitted. Awnings with high gloss finish and illuminated, plastic awnings are prohibited. vi. Customer Entrances Retail buildings shall have clearly-defined, highly-visible customer entrance(s) featuring no less than three (3) of the Southold Town Meeting Agenda - June 20, 2006 Page 18 following: (a) Canopies or porticos; (b) Overhangs; (c) Recesses/projections; (d) Arcades; (e) Raised corniced parapets over the door; (f) Peaked roof forms; (g) Arches; (h) Outdoor patios; (i) Display windows; (j) Architectural detail such as tile work and moldings integrated into the building structure and design; or (k) Integral planters or wing walls that incorporate landscaped areas and/or places for sitting. vii. Buildings containing a drive-through or drive-up window are prohibited. 2. Building Materials a. All primary buildings should be constructed or clad with materials that are durable, economically-maintained, and of a quality that will retain their appearance over time, including, but not limited to, natural or synthetic stone; brick; stucco; integrally-colored, textured, or glazed concrete masonry units or glass. b. Exterior building materials shall not include the following: i. Smooth-faced gray concrete block, painted or stained concrete block, tilt-up concrete panels; ii. Field-painted or pre-finished standard corrugated metal siding; 3. Signage a. Advertisements, including trademark logos, service marks may not be affixed, painted or glued onto the windows of the business or onto any exterior structures, including waste disposal receptacles and flags. b. Florescent and backlit signs located within or on a Southold Town Meeting Agenda - June 20, 2006 Page 19 building or structure and facing an exterior public space are prohibited. 4. Site Design a. The principal building entrance shall face the primary street frontage and/or sidewalk where practical. 5. Off–Street Parking a. No greater that thirty percent (30%) of the off street parking spaces provided for all uses contained in the development’s building(s) shall be located between the front facade of the building(s) and the primary abutting street. Adequate parking shall be provided in accordance with that required by Article XIX, of the Town of Southold Town Code. b. Parking areas shall be screened from adjacent properties, streets and public sidewalks, pursuant to § 100-214. Landscaped Parking Area. (b) The Planning Board shall determine that the proposed retail store(s) will not have an undue adverse impact on the community. In making such a determination, the Planning Board shall conduct or hire a consultant to conduct a Market and Municipal Impact Study, at the expense of the applicant. The study shall be completed within ninety days of receipt of all requested materials and the applicant shall be afforded the opportunity to submit its own such study. The Planning Board shall make such determination within thirty days of its receipt of the study. Such study shall include an analysis of the projected impact of the retail store(s) on: i. The existing local retail market, including market shares, if applicable. ii. The supply and demand for local retail space. iii. Local wages, benefit and employment. iv. Revenues retained within the local economies of the Town of Southold. v. Public service and facilities costs. vi. Public revenues. vii. Impacts on municipal taxes. viii. Impacts of property values in the community. ix. Effects on retail operations in the surrounding market area. Southold Town Meeting Agenda - June 20, 2006 Page 20 x. Employee housing needs, if applicable. xi. The Town of Southold’s ability to implement its Comprehensive Plan consistent with the proposed project. 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 2006-532 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-534 Tabled 6/6/2006 7:30 PM CATEGORY: Employment - Town DEPARTMENT: Town Clerk Release Mark Easter From the Position of Operations Manager Effective Immediately WHEREAS Mark Easter relinquished his Captains license to the Coast Guard and therefore does not now meet the minimum requirements to hold the position of Marine Operations Supervisor, now therefore be it RESOLVEDreleased from the position of Marine Operations that Mark Easter is hereby Supervisor effective immediately. Southold Town Meeting Agenda - June 20, 2006 Page 21 Vote Record - Resolution 2006-534 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-537 CATEGORY: Employment - FIFD DEPARTMENT: Town Clerk Appoint Mark Easter to the Position of Purser for the Fishers Island Ferry District RESOLVEDappoints Mark Easter to that the Town Board of the Town of Southold hereby the position of Purser for the Fishers Island Ferry District , effective June 7, 2006 at a rate of $35.00 per hour. Vote Record - Resolution 2006-537 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-538 CATEGORY: Employment - FIFD DEPARTMENT: Town Clerk Appoint Stephen G. Burke to the Position of Marine Operations Supervisor for the Fishers Island Ferry District RESOLVEDappoints Stephen G. Burke that the Town Board of the Town of Southold hereby to the position of Marine Operations Supervisor for the Fishers Island Ferry District , effective June 7, 2006 at a rate of $88,593.03 per annum. Vote Record - Resolution 2006-538 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell Southold Town Meeting Agenda - June 20, 2006 Page 22 2006-539 CATEGORY: Budget Modification DEPARTMENT: Public Works Building & Grounds Personal Services RESOLVEDmodifies the 2006 that the Town Board of the Town of Southold hereby Whole Town Budget as follows: From: A.1990.4.100.100 Unallocated Contingencies $27,000 To: A.1620.1.100.100 Building & Grounds Full Time Employees $27,000 Vote Record - Resolution 2006-539 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-540 CATEGORY: Budget Modification DEPARTMENT: Police Dept Modify the 2006 General Fund Whole Town Budget - Police RESOLVEDmodifies the 2006 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: From: A.1990.4.100.200 Contingent, Retirement Reserve $2,800.00 To: A.3120.4.600.100 Confidential Informants $2,800.00 Southold Town Meeting Agenda - June 20, 2006 Page 23 Vote Record - Resolution 2006-540 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-541 CATEGORY: Employment - Town DEPARTMENT: Accounting Hire FI School Crossing Guard Evelyn Wall RESOLVEDappoints Evelyn Wall to that the Town Board of the Town of Southold hereby the position of a School Crossing Guard for the Fishers Island Ferry District, effective June 16, 2006, at a rate of $31.86 per day. Vote Record - Resolution 2006-541 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-542 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification--Stormwater Runoff Mitigation RESOLVEDmodifies the 2006 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: To: A.8090.2.200.500 Trustees, Stormwater Runoff Projects $55,000.00 From: A.9730.6.000.000 Debt Service, BAN Principal $35,000.00 A.9730.7.000.000 Debt Service, BAN Interest 20,000.00 Southold Town Meeting Agenda - June 20, 2006 Page 24 Vote Record - Resolution 2006-542 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-543 CATEGORY: Employment - Town DEPARTMENT: Police Dept Change Status From Part Time to Seasonal for Bay Constable for Robert Conway RESOLVEDBay that the Town Board of the Town of Southold hereby changes the status of Constable Robert Conway from part time to seasonal effective Tuesday, June 20, 2006. Vote Record - Resolution 2006-543 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-544 CATEGORY: Advertise DEPARTMENT: Town Clerk Authorization to Advertise for Operator of Pump-Out Boat RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise for an operator of the pump-out boat under the supervision of the Town Trustees, on a seasonal basis starting date on or about July 1, 2006 through October 31, 2006, at a salary of $12.00 per hour. Vote Record - Resolution 2006-544 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell Southold Town Meeting Agenda - June 20, 2006 Page 25 2006-545 CATEGORY: Employment - Town DEPARTMENT: Police Dept Amend Resolution #395 Dated April 25, 2006 RESOLVEDamends resolution #395 that the Town Board of the Town of Southold hereby adopted at the regular Town Board meeting April 25, 2006 to read as follows: RESOLVED that the Town Board of the Town of Southold hereby appoints Jeffrey Edwards to effective June 18, 2006 at a rate of $15,361.78 per the position of Constable Fishers Island annum. Vote Record - Resolution 2006-545 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-546 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Authorize and Direct the Town Clerk to Advertise for a Member to the Housing Advisory Commission. RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise for a member to the Housing Advisory Commission . Vote Record - Resolution 2006-546 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-547 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoints Georgia Rudder to Secretarial Assistant Southold Town Meeting Agenda - June 20, 2006 Page 26 RESOLVEDappoints Georgia Rudder that the Town Board of the Town of Southold hereby to the position of Secretarial Assistant for the Building Department from the Suffolk County Civil Service certification of eligibility list, effective June 22, 2006, at a rate of $51,489.20 per annum. Vote Record - Resolution 2006-547 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-548 CATEGORY: Budget Modification DEPARTMENT: Police Dept Modify the 2006 General Fund Whole Town Budget - Police RESOLVEDmodifies the 2006 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: From: A.3120.1.100.100 Police, P.S., Full-time Regular Earnings $11,000.00 To: A.3120.2.300.100 Automobiles $11,000.00 Vote Record - Resolution 2006-548 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-549 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification -- Orient Causeway Study Southold Town Meeting Agenda - June 20, 2006 Page 27 RESOLVEDmodifies the 2006 that the Town Board of the Town of Southold hereby General Fund Whole Town budget as follows: To: Revenues: A.4597.10 Federal Aid - TEA-21 Grant Orient Causeway Study $50,000.00 Appropriations: A.1010.4.600.710 Town Board, C.E. Miscellaneous Orient Causeway Study $50,000.00 Vote Record - Resolution 2006-549 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-550 CATEGORY: Budget Modification DEPARTMENT: Town Clerk Records Management Budget Modification RESOLVEDmodifies the 2006 that the Town Board of the Town of Southold hereby Records Management budget as follows: From: A.1460.1.200.100 Part-Time Employees $ 248.00 To: A.1460.2.200.500 Computer Equipment $ 248.00 (Purchase of Gray Scale Memory for PS7000 Book Scanner) Southold Town Meeting Agenda - June 20, 2006 Page 28 Vote Record - Resolution 2006-550 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-551 CATEGORY: Budget Modification DEPARTMENT: Town Clerk Modify the 2006 Highway Fund Part Town Budget RESOLVED modifies the 2006 Highway that the Town Board of the Town of Southoldhereby Fund Part Town budget as follows: To: Appropriations: DB.5112.2.400.905 Consolidated Highway Improvement Capital Outlay Contracted Services Chips Resurfacing/Reconst $75,387.06 To: Revenues: DB.3501.00 State Aid Consolidated Highway Improvement $75,387.06 Vote Record - Resolution 2006-551 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-552 CATEGORY: Budget Modification DEPARTMENT: Town Clerk Modify the 2006 Highway Fund Part Town Budget RESOLVED modifies the 2006 Highway that the Town Board of the Town of Southoldhereby Fund Part Town budget as follows: Southold Town Meeting Agenda - June 20, 2006 Page 29 To: DB.5140.4.200.100 Brush & Weeds/Miscellaneous, C.E. Utilities Telephones/Cellular Phones $2,000.00 From: DB.5140.4.100.900 Brush & Weeds/Miscellaneous, C.E. Supplies & Materials Landscaping Materials $2,000.00 Vote Record - Resolution 2006-552 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-553 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Addendum Rider to the Lease Agreement Between the Town of Southold and IKON Office Solutions, Inc. RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Addendum Rider to the Lease Agreement between the Town of Southold and IKON Office Solutions, Inc. regarding the Ricoh 3035 copier for the Southold Town Police Department, subject to the approval of the Town Attorney. Vote Record - Resolution 2006-553 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-554 CATEGORY: Grants DEPARTMENT: Land Preservation NYS Ag & Mkts Grant Southold Town Meeting Agenda - June 20, 2006 Page 30 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Land Preservation Coordinator Melissa Spiro to submit a proposal to the New York State Department of Agriculture and Markets to solicit State assistance from the Farmland Protection Implementation Grant (FPIG) Program. Vote Record - Resolution 2006-554 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-555 CATEGORY: Seqra DEPARTMENT: Town Clerk Find that the Adoption of the Local Law Entitled “A Local Law In Relation to Extending the Tax Exemption for Unremarried Spouses of Deceased Firefighters and Ambulance Workers Killed In Line of Duty” is Classified As a Type II Action Pursuant to SEQRA Rules and Regulations RESOLVEDfinds that the adoption of the local that the Town Board of the Town of Southold hereby law entitled “A Local Law in relation to Extending the Tax Exemption for Unremarried Spouses of Deceased Firefighters and Ambulance Workers Killed in Line of Duty” is classified as a Type II Action pursuant to SEQRA Rules and Regulations , 6 NYCRR Section 617.5, and is not subject to review under SEQRA. Vote Record - Resolution 2006-555 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-556 CATEGORY: Seqra DEPARTMENT: Town Clerk Find that the Adoption of the Local Law Entitled “A Local Law In Relation to Amendments to the Affordable Housing District” is Classified As a Type II Action Pursuant to SEQRA Rules and Regulations RESOLVEDfinds that the adoption of the local that the Town Board of the Town of Southold hereby law entitled “A Local Law in relation to Amendments to the Affordable Housing Districtis ” Southold Town Meeting Agenda - June 20, 2006 Page 31 classified as a Type II Action pursuant to SEQRA Rules and Regulations , 6 NYCRR Section 617.5, and is not subject to review under SEQRA. Vote Record - Resolution 2006-556 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-557 CATEGORY: Seqra DEPARTMENT: Town Clerk Find that the Adoption of the Local Law Entitled “A Local Law In Relation to the Renumbering of the Code of the Town of Southold” is Classified As a Type II Action Pursuant to SEQRA Rules and Regulations RESOLVEDfinds that the adoption of the local that the Town Board of the Town of Southold hereby law entitled “A Local Law in relation to the Renumbering of the Code of the Town of Southold” is classified as a Type II Action pursuant to SEQRA Rules and Regulations , 6 NYCRR Section 617.5, and is not subject to review under SEQRA. Vote Record - Resolution 2006-557 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-558 CATEGORY: Misc. Public Hearing DEPARTMENT: Land Preservation Sets Tuesday, July 11, 2006, At 8:00 P.M., Southold Town Hall, 53095 Main Road, Southold, New York As the Time and Place for a Public Hearing for the Purchase of a Development Rights Easement on Property Owned by Caberon Properties, Inc RESOLVED that pursuant to the provisions of Chapter 25 (Agricultural Lands), Chapter 59 (Open Space), and Chapter 6 (2% Community Preservation Fund) of the Town Code, the Town sets Tuesday, July 11, 2006, at 8:00 p.m., Southold Board of the Town of Southold hereby Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of a development rights easement on property owned by Caberon Southold Town Meeting Agenda - June 20, 2006 Page 32 Properties, Inc. Said properties are identified as SCTM #1000-109-5-p/o 16.1 (Parcel 1) and SCTM #1000-109-6-15 (Parcel 2). The addresses are 765 Case’s Lane and 450 Cedars Road, respectively, in Cutchogue, New York. Parcel 1 is located on the easterly side of Case’s Lane, approximately 557 feet southeasterly from the intersection of State Route 25 and Case’s Lane in Cutchogue in an A-C zoning district. Parcel 2 is on the southerly side of Cedars Road approximately 378 feet westerly from the intersection of New Suffolk Avenue and Cedars Road in Cutchogue in an R-40 zoning district. The proposed acquisition is for a development rights easement on approximately 12.6628 acres of the total 13.7228 acreage. The combined parcels are more commonly known as Cedars Golf Club. The exact area of the purchase is subject to a Town provided survey acceptable to the Land Preservation Committee. The purchase price is $46,000 (forty-six thousand dollars) per buildable acre. The purchase price is less than fair market value and is considered a Bargain Sale. There is a nine-hole public golf course located on the properties. The Town is proposing to acquire the development rights on these properties with the intent of allowing the existing use to continue. Any purchase by the Town will restrict future use of the property to continued use as a public golf course, change of use to a different type of public recreational use, or agricultural use. The property is listed on the Town’s Community Preservation Project Plan as property that should be preserved due to its agricultural and recreational value; and 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. Vote Record - Resolution 2006-558 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-559 CATEGORY: Subdivisions DEPARTMENT: Town Clerk Accept the Certificate of Deposit From Steven Dubner for the Proposed Clustered Conservation Subdivision RESOLVEDaccepts the Certificate of that the Town Board of the Town of Southold hereby Deposit #5200009277, in the amount of $34,185.00 , from Steven Dubner for the proposed Southold Town Meeting Agenda - June 20, 2006 Page 33 clustered Conservation Subdivision, based on the Southold Town Planning Board’s recommendation, dated June 14, 2006. Vote Record - Resolution 2006-559 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-560 CATEGORY: Seqra DEPARTMENT: Land Preservation The Purchase of Property From C & D Realty is Classified As an Unlisted Action Pursuant to the SEQRA Rules and Regulations WHEREAS , the Town Board of the Town of Southold wishes to purchase property owned by C&D Realty for open space purposes pursuant to the provisions of Chapter 59 (Open Space Preservation) and Chapter 6 (Community Preservation Fund) of the Code of the Town of Southold. Said property is identified as SCTM #1000-113-4-1. The address is 3640 Cox Neck Road, Mattituck, New York, and is located on the southeasterly curve of Cox Neck Road approximately 260 feet from the intersection of Bergen Avenue and Cox Neck Road in Mattituck in the R-40 zoning district. The proposed acquisition is for fee title and is approximately 0.75 acre (subject to survey) property; and WHEREAS , the subject property contains wetlands and borders on Harold’s Branch of Mattituck Inlet. The property is listed on the Town’s 2006 Community Preservation Project Plan List of Eligible Parcels as land that should be preserved due to its significant wetlands. The property is to be purchased for the purpose of the preservation of open space, stormwater remediation and water quality control; and WHEREAS , as per Chapter 87 (Transfer of Development Rights) of the Code of the Town of Southold, Section 87-5, one (1) Sanitary Flow Credit is available upon the Town’s purchase of this property. The transfer of the Sanitary Flow Credit into the Town TDR Bank will not be Southold Town Meeting Agenda - June 20, 2006 Page 34 finalized, and shall not occur, until the Town closes on the property, and the Town Board passes a resolution allowing the transfer into the Town TDR Bank; now, therefore, be it RESOLVEDthis action be classified as an by the Town Board of the Town of Southold that Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; and, be it further RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and, be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is accepted and attached hereto; and, be it further RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action. Vote Record - Resolution 2006-560 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-561 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Solid Waste Management District Authorize and Direct Supervisor Scott A. Russell to Execute an Extension to the Professional Engineering Services Contract of L.K. McLean Associates, P.C. WHEREAS the anticipated completion date for construction of the Solid Waste Transfer Station is on or about July 15, 2006, or about 3 weeks later than estimated at the start of the project; and WHEREAS construction oversight engineers L.K. McLean Associates, P.C. will have reached Southold Town Meeting Agenda - June 20, 2006 Page 35 their contract maximum on or about June 26, 2006; and WHEREAS ongoing professional oversight of activities is necessary to ensure proper completion of the Transfer Station Project; and WHEREAS contingency engineering funds are available for this purpose in the 2006 Solid Waste Management District budget, it is now hereby RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an extension to the professional engineering services contract of L.K. McLean Associates, P.C. dated September 7, 2005, for construction oversight of the Cutchogue Transfer Station Project at a rate of $5,000 per week for up to a maximum of 4 additional weeks , all in accordance with the approval of the Town Attorney. Vote Record - Resolution 2006-561 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-562 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District SWMD Budget Mods RESOLVEDmodifies the 2006 that the Town Board of the Town of Southold hereby Solid Waste Management District budget as follows: From: SR 8160.4.400.675 (Repairs CAT Compactor) $ 1,000 SR 8160.4.600.200 (Meetings & Seminars) $ 500 To: Southold Town Meeting Agenda - June 20, 2006 Page 36 SR 8160.4.400.600 (Scale Maintenance) $ 1,000 SR 8160.4.600.300 (Travel Reimbursement) $ 500 Vote Record - Resolution 2006-562 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-563 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Solid Waste Management District Authorize and Direct Supervisor Scott A. Russell to Execute a Letter Agreement with H2M Group to Monitor for Landfill Gas on a Quarterly Basis As Proposed In Their Letter of May 23, 2006 to the Solid Waste Coordinator WHEREAS the New York State DEC requiresregular monitoring of landfill gasses; and WHEREAS the Town lacks the resources to perform the required monitoring with proper equipment and experienced personnel on a regular basis; and WHEREAS H2M Group of Melville, NY has submitted the most competitive proposal to monitor for gas by utilizing resources currently provided under its contract with the Town to perform quarterly groundwater monitoring at the landfill along with preparation of all required reports for the DEC; and WHEREAS adequate contingency funds exist in the 2006 SWMD budget that can be utilized for this purpose, it is hereby RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute a letter agreement with H2M Group to monitor for landfill gas on a quarterly basis as proposed in their letter of May 23, 2006 to the Solid ndrdth Waste Coordinator for the 2, 3, and 4 quarters of 2006 at a total cost not to exceed $4,850, all in accordance with the approval of the Town Attorney. Southold Town Meeting Agenda - June 20, 2006 Page 37 Vote Record - Resolution 2006-563 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-564 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Appoint Theater Personnel for Fishers Island Ferry RESOLVEDappoints Mike Conroy to that the Town Board of the Town of Southold hereby the seasonal position of Recreational Aide at a rate of $125 per movie and Karla Heath to the seasonal position of Clerk at a rate of $200 per week for the operation of the movie theater by the Fishers Island Ferry District, effective from June 30, 2006 to September 5, 2006, Vote Record - Resolution 2006-564 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-565 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to the New Suffolk Civic Association to Use Town Roads for Its Annual Independence Day Parade In New Suffolk on Tuesday, July 4, 2006 RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby New Suffolk Civic Association to use the following roads for its Annual Independence Day Parade in New Suffolk on Tuesday, July 4, 2006 beginning at 10:30 AM on Old Harbor Road and Tuthill Road, proceeding down New Suffolk Road to Fifth Street, then onto Main Street, turning onto Second Street and ending at the Town Beach, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an Southold Town Meeting Agenda - June 20, 2006 Page 38 additional insured and notify Capt. Flatley within ten (10) days of the approval of this resolution to coordinate traffic control. Vote Record - Resolution 2006-565 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-566 CATEGORY: Seqra DEPARTMENT: Town Attorney Determine that the Object and Purpose of the Authorization to Finance the Acquisition of Certain Emergency Generators At an Estimated Total Cost of $175,000 is Classified As a Type II Action Pursuant to SEQRA Rules RESOLVEDdetermines that the object that the Town Board of the Town of Southold hereby and purpose of the authorization to finance the acquisition of certain emergency generators at an estimated total cost of $175,000 is classified as a Type II Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617.5 , and is not subject to further review under SEQRA. Vote Record - Resolution 2006-566 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-567 CATEGORY: Bond DEPARTMENT: Town Clerk Authorize the Acquisition of Certain Emergency Generators for Use In and for the Town At the Estimated Maximum Cost of $175,000 BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED JUNE 20, 2006, AUTHORIZING THE ACQUISITION OF CERTAIN EMERGENCY GENERATORS Southold Town Meeting Agenda - June 20, 2006 Page 39 FOR USE IN AND FOR THE TOWN AT THE ESTIMATED MAXIMUM COST OF $175,000; APPROPRIATING SAID AMOUNT THEREFOR AND AUTHORIZING THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT OF $175,000 TO FINANCE SUCH 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: The Town of Southold, in the County of Suffolk, New York (herein called the “Town”), is hereby authorized to acquire certain emergency generators for use in and for the Town, as follows: (a) a 75 kilowatt (“KW”) diesel generator for use at Town Hall, at an estimated maximum cost of $40,000; (b) a 75 KW portable diesel generator for use by the Town Police Department, at an estimated maximum cost of $40,000; (c) a 100 KW diesel generator for use by the Town Highway Department, at an estimated maximum cost of $48,000 and (d) a 40 KW diesel generator for use by the Human Resource Center at the estimated maximum cost of $25,000. The estimated total cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $175,000 and said amount is hereby appropriated therefor. The plan of financing includes the issuance of bonds of the Town in the principal amount of $175,000 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. Serial bonds of the Town in the principal amount of $175,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (referred to herein as the “Law”), to finance said appropriation. The following additional matters are hereby determined and declared: (a) The period of probable usefulness applicable to the objects or purposes for which said serial bonds are authorized to be issued, within the limitations of Section 11.00 a. 32 of the Law, is five (5) years. Southold Town Meeting Agenda - June 20, 2006 Page 40 (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, or for expenditures made on or prior to such date if a prior declaration of intent has been made. 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 to the provisions of the New York State Environmental Quality Review Act (“SEQRA”) has heretofore determined that each specific object or purpose herein above described in Section 1 is a Type II Action as defined in said Act and the Regulations promulgated thereunder and no further review is required. (d) The proposed maturity of the bonds authorized by this resolution will not 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 the issuance 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 of 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 Southold Town Meeting Agenda - June 20, 2006 Page 41 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: such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or 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 such obligations are authorized in violation of the provisions of the constitution. This bond resolution shall take effect immediately, and the Town Clerk is hereby authorized and directed to publish a summary of this bond resolution, in substantially the form set forth in Exhibit A attached hereto and made a part hereof, together with a Notice attached in substantially the form prescribed by Section 81.00 of the Law in “THE SUFFOLK TIMES,” a newspaper published in Southold, New York, having a general circulation in the Town and hereby designated the official newspaper of said Town for such publication. * * * Exhibit A BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED JUNE 20, 2006, AUTHORIZING THE ACQUISITION OF CERTAIN EMERGENCY GENERATORS FOR USE IN AND FOR THE TOWN AT THE ESTIMATED MAXIMUM COST OF $175,000; APPROPRIATING SAID AMOUNT THEREFOR AND AUTHORIZING THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT OF $175,000 TO FINANCE SUCH APPROPRIATION. Southold Town Meeting Agenda - June 20, 2006 Page 42 Object or purpose: to acquire certain emergency generators for use in and for the Town, as follows: (a) a 75 kilowatt (“KW”) diesel generator for use at Town Hall, at an estimated maximum cost of $40,000; (b) a 75 KW portable diesel generator for use by the Town Police Department, at an estimated maximum cost of $40,000; (c) a 100 KW diesel generator for use by the Town Highway Department, at an estimated maximum cost of $48,000 and (d) a 40 KW diesel generator for use by the Human Resource Center at the estimated maximum cost of $25,000. The estimated total cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $175,000 and said amount is hereby appropriated therefor Amount of obligations to be issued: $175,000 Period of probable usefulness: five (5) years A complete copy of the Bond Resolution summarized above shall be available for public inspection during normal business hours at the office of the Town Clerk, Town Hall, 53095 Main Road, Southold, New York. Dated: June 20, 2006 Southold, New York Vote Record - Resolution 2006-567 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-568 Southold Town Meeting Agenda - June 20, 2006 Page 43 CATEGORY: Budget Modification DEPARTMENT: Police Dept Modify the 2006 General Fund, Whole Town Budget - Police RESOLVEDmodifies the 2006 General that the Town Board of the Town of Southold hereby Fund, Whole Town Budget as follows: TO: Revenues: A.2705.40 Gifts & Donations $500.00 FROM: Appropriations: A.3120.2.500.100 Breath Analysis Equipment $500.00 Vote Record - Resolution 2006-568 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-569 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to the Mattituck Presbyterian Church to Close the Sound Avenue for Its Annual Summer Fair In Mattituck. RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Mattituck Presbyterian Church to close the Sound Avenue for its Annual Summer Fair in Mattituck on August 5, 2006 beginning at 7:00 a.m. to 4:00 p.m., provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and notify Capt. Flatley within ten (10) days of the approval of this resolution to coordinate traffic control. Southold Town Meeting Agenda - June 20, 2006 Page 44 Vote Record - Resolution 2006-569 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-570 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Appoint Members to be Stakeholders for the Fishers Island Hamlet Study: RESOLVEDappoints the following that the Town Board of the Town of Southold hereby members to be stakeholders for the Fishers Island Hamlet Study: Heather Burnham Peter Burr Sarah Malinowski Ken Edwards Bill Ridgway Meredith Harr Judi Inbriglio Audrey ________ Vote Record - Resolution 2006-570 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-571 CATEGORY: Traffic Study DEPARTMENT: Town Attorney Authorizes Supervisor Scott A. Russell to Execute the Authorization to Proceed with a Traffic Corridor Study As Outlined In the June 13, 2006 Proposal of Schneider Engineering, PLLC RESOLVEDauthorizes Supervisor that the Town Board of the Town of Southold hereby Scott A. Russell to execute the authorization to proceed with a traffic corridor study as outlined in the June 13, 2006 Proposal of Schneider Engineering, PLLC , as may be modified and directed by the Town Board, subject to the approval of the Town Attorney. Southold Town Meeting Agenda - June 20, 2006 Page 45 Vote Record - Resolution 2006-571 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-572 CATEGORY: Traffic Study DEPARTMENT: Town Attorney Authorizes Supervisor Scott A. Russell to Retain the Services of VMS Planning Services for the Limited Purpose of Assistance In Scoping a Traffic Corridor Study RESOLVEDauthorizes Supervisor that the Town Board of the Town of Southold hereby Scott A. Russell to retain the services of VMS Planning Services for the limited purpose of assistance in scoping a traffic corridor study , at an hourly rate not to exceed $125 per hour, at the direction of the Town Board, subject to the approval of the Town Attorney. Vote Record - Resolution 2006-572 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-573 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact the Local Law Entitled, “A Local Law In Relation to Extending the Tax Exemption for Un- Remarried Spouses of Deceased Firefighters and Ambulance Workers Killed In Line of Duty” WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New th “A Local Law in relation to Extending the Tax York, on the 9 day of May, 2006 a Local Law entitled Exemption for Unremarried Spouses of Deceased Firefighters and Ambulance Workers Killed in Line of Duty” and Southold Town Meeting Agenda - June 20, 2006 Page 46 WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED“A Local Law in relation to that the Town Board hereby ENACTS the Local Law entitled, Extending the Tax Exemption for Un-remarried Spouses of Deceased Firefighters and Ambulance Workers Killed in Line of Duty” reads as follows: LOCAL LAW NO. 9 2006 A Local Law in relation to Extending the Tax Exemption for Un-remarried Spouses of Deceased Firefighters and Ambulance Workers Killed in Line of Duty . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The amendments to this local law are intended to permit the Board of Assessors to extend the Real Property tax exemption granted to the un-remarried spouses of volunteer fire fighters and ambulance workers who are killed in the line of duty. In support of these vitally necessary volunteers and their efforts to preserve the health, safety and welfare of the citizens of the Town of Southold, the Town Board finds it appropriate to extend such tax exemptions to their un-remarried spouses in the event of such tragedy. II. Chapter 85 of the Code of the Town of Southold is hereby amended as follows: § 85-13. Un-remarried spouses of volunteer firefighters or volunteer ambulance workers killed in line of duty. Any exemption granted under § 85-11 to an enrolled member of an incorporated volunteer fire company, fire department, or incorporated volunteer ambulance service, shall be extended to such deceased enrolled member's un-remarried spouse if such member is killed in the line of duty; provided, however, that: A. Such un-remarried spouse is certified by the authority having jurisdiction for the incorporated volunteer fire company, fire department or incorporated volunteer ambulance service as an un-remarried spouse of an enrolled member of such incorporated volunteer fire company, fire department or incorporated voluntary ambulance service who was killed in the line of duty; and B. Such deceased volunteer had been an enrolled member for at least five years; and C. Such deceased volunteer had been receiving the exemption prior to his or her death. § 85-14. Applicability. Southold Town Meeting Agenda - June 20, 2006 Page 47 Section 85-14 shall apply to assessment rolls prepared on the basis of taxable status dates occurring on or after January 1, 2006. III. Severability. The provisions of this local law are severable. If any provision of this local law is found invalid, such finding shall not affect the validity of this local law as a whole or any part or provision hereof other than the provision so found to be invalid. IV. Effective Date. This local law shall take effect immediately upon its filing in the office of the Secretary of State in accordance with Section 27 of the Municipal Home Rule Law. Vote Record - Resolution 2006-573 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-574 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact the Local Law Entitled, “A Local Law In Relation to Amendments to the Affordable Housing District” WHEREAS , there has been presented to the Town Board of the Town of Southold, Suffolk rd A Local Law in County, New York, on the 23 day of May, 2006 a Local Law entitled “ relation to Amendments to the Affordable Housing District ”, and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it Southold Town Meeting Agenda - June 20, 2006 Page 48 RESOLVEDA Local Law in that the Town Board hereby ENACTS the Local Law entitled, “ relation to Amendments to the Affordable Housing District ” which reads as follows: LOCAL LAW NO. _ 10__ OF 2006 A Local Law entitled, “A Local Law in relation to Amendments to the Affordable Housing District”. BE IT ENACTED by the Town Board of the Town of Southold as follows: Section 1. Purpose. The Town Board is including a definition of Net Worth, as the term is used in the legislation but not defined. Additionally, a provision is included in the Zoning District to allow for the variance of regulations applicable to the AHD depending on the requirements imposed by subsidy sources in a specific development. Further, this Local Law imposes a maintenance and upkeep requirement in the AHD District, punishable by a fine. Section 2. Code Amendment. §100-51. Definitions. For the purpose of this Article, the following terms, phrases and words shall have the following meanings: NET WORTH- Net Worth of an applicant shall include all liquid assets less debt. Liquid assets shall not include sheltered assets, trusts, Individual Retirement Accounts (IRA’s), 401k’s and all other federally recognized tax deferred vehicles. §100-56. General regulations and requirements. G. The Regulations and general provisions of this Chapter may be varied at the discretion of the Town Board based on the requirements of subsidy sources of a specific development. §100-59. Maintenance and Upkeep. Southold Town Meeting Agenda - June 20, 2006 Page 49 A. A dwelling unit and premises created in the AHD Zoning District after January 1, 2006, shall be maintained in accordance with the provisions of the Property Maintenance Code of New York State. B. Failure to comply with this Section shall be a violation punishable by a fine of not less than $250.00 and not more than $1,000.00. § 100-59.60 Penalties for offenses. Any violation of any provision of this Article shall be punishable in the following manner: A. First offense: by a fine of not less than $1,000 nor more than $5,000. B. Second offense and for any offense thereafter: by a fine of not less than $5,000 and not more than $10,000 for each offense. C. Any offense under this article may be punishable by revocation of an existing certificate of occupancy. D. Any individual who has violated covenants and resolutions imposed pursuant to this Article shall be prohibited from further participation in ownership opportunities and benefits within an approved AHD District. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court or 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 2006-574 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell Southold Town Meeting Agenda - June 20, 2006 Page 50 2006-575 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact the Local Law Entitled, “A Local Law In Relation to the Renumbering of the Code of the Town of Southold” WHEREAS , there has been presented to the Town Board of the Town of Southold, Suffolk rd A Local Law in County, New York, on the 23 day of May, 2006 a Local Law entitled “ relation to the Renumbering of the Code of the Town of Southold ”, and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVEDA Local Law in that the Town Board hereby ENACTS the Local Law entitled, “ relation to the Renumbering of the Code of the Town of Southold ” which reads as follows: LOCAL LAW NO. __11__ OF 2006 A Local Law entitled, “A Local Law in relation to the Renumbering of the Code of the Town of Southold”. BE IT ENACTED by the Town Board of the Town of Southold as follows: ARTICLE II Adoption of Renumbered 2006 Code § 1-14. Legislative intent. The local laws and legislation of the Town of Southold of a general and permanent nature, including the 1973 Code adopted by the Town Board of the Town of Southold, as revised, codified and consolidated into chapters, articles and sections by General Code Publishers Corp., as set forth in the Derivation Table below, and as renumbered to consist of Chapters 1 through 280, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Town of Southold," hereafter known and referred to as the "Code." Southold Town Meeting Agenda - June 20, 2006 Page 51 Chapter/Title From 1973 Code Location in 2006 Code Ch. 1, General Provisions Art. I, Adoption of Code Ch. 1, Art. I Art. II, Adoption of Renumbered 2006 Code NLP; see Ch. 1, Art. II Ch. 4, Assessors Art. I, Election Ch. 9, Art. I Art II, Number Ch. 9, Art. II Ch. 6, Community Preservation Fund Art. I, Southold Community Preservation Fund Ch. 17, Art. I Art. II, Southold Community Preservation Project Plan Ch. 17, Art. II Art. III, Community Preservation Fund Advisory Board Ch. 17, Art. III Art. IV, Two-Percent Real Estate Transfer Tax Ch. 17, Art. IV Ch. 7, Committees, Appointment of Ch. 13 Ch. 8, Defense and Indemnification of Employees Ch. 21 Ch. 10, Ethics, Code of Ch. 26 Ch. 11, Expenses of Town Officers Ch. 30 Ch 14, Local Laws, Adoption of Ch. 38 Ch. 16, Officers and Employees Art. I, Town Clerk Ch. 42, Art. I Art. II, Superintendent of Highways Ch. 42, Art. II Ch. 18, Police Department Ch. 51 Ch. 22, Transportation Access Management Ch. 64 Ch. 24, Alarm Systems Ch. 75 Ch. 25, Agricultural Lands Preservation Ch. 70 Ch. 26, Appearance Tickets Ch. 5 Ch. 28, Bicycles Ch. 88 Ch. 30, Bingo and Games of Chance Art. I, Bingo Ch. 92, Art. I Art. II, Games of Chance Ch. 92, Art. II Ch. 32, Boats, Docks and Wharves Art. I, Obstruction and Use of Town Waters Ch. 96, Art. I Art. II, Public Docks Ch. 96, Art. II Art. III, Boats Ch. 96, Art. III Art. IV, Floating Homes Ch. 96, Art. IV Art. V, Administration and Enforcement Ch. 96, Art. V Ch. 33, Fishers Island Harbor Management Ch. 157 Southold Town Meeting Agenda - June 20, 2006 Page 52 Chapter/Title From 1973 Code Location in 2006 Code Ch. 36, Burning, Outdoor Ch. 104 Ch. 37, Coastal Erosion Hazard Areas Ch. 111 Ch. 38, Dogs Art. I, General Regulations Ch. 83, Art. II Art. II, Fees Ch. 83, Art. III Ch. 39, Domestic Partnerships Ch. 121 Ch. 41, Ducks Ch. 83, Art. I Ch. 43, Electrical Inspections Ch. 126 Ch. 44, Environmental Quality Review Ch. 130 Ch. 44A, Filming Ch. 139 Ch. 45, Fire Prevention and Building Code, Uniform Ch. 144 Ch. 46, Flood Damage Prevention Ch. 148 Ch. 47, Farm Stands Ch. 135 Ch. 48, Garbage, Rubbish and Refuse Ch. 233, Art. I Ch. 49, Highway Defects, Notice of Ch. 237, Art. I Ch. 54, Junkyards Ch. 166 Ch.56, Landmark Preservation Ch. 170 Ch. 57, Littering Ch. 174 Ch. 58, Notice of Public Hearing Ch. 55 Ch. 59, Open Space Preservation Ch. 185 Ch. 60, Motor-Driven Vehicles Ch. 264, Art. II Ch. 62, Parks and Recreation Areas Art. I, Use Regulations and Restrictions Ch. 193, Art. I Ch. 65, Parking at Beaches Ch. 189, Art. I Ch. 67, Peace and Good Order Art. I, Public Consumption of Alcoholic Beverages Ch. 79, Art. I Ch. 69, Peddlers, Solicitors and Transient Retail Ch. 197 Merchants Ch. 71, Public Entertainment and Special Events Ch. 205 Ch. 72, Records Management Ch. 59, Art. II Ch. 73, Records, Public Access to Ch. 59, Art. I Ch. 74, Salvaging Centers Ch. 211 Ch. 75, Scavenger Wastes Ch. 215, Art. I Ch. 76, Sewers Art. I, Sewer Use Ch. 215, Art. II Art. II, Rents and Charges Ch. 215, Art. III Ch. 77, Shellfish Southold Town Meeting Agenda - June 20, 2006 Page 53 Chapter/Title From 1973 Code Location in 2006 Code Art. I, Catching of Shrimp Ch. 219, Art. I Art. II, Taking of Shellfish and Eels Ch. 219, Art. II Ch. 80, Sidewalks Ch. 237, Art. III Ch. 81, Soil Removal Ch. 228 Ch. 83, Street Excavations Ch. 237, Art. II Ch. 84, Street Numbering; Addresses Ch. 237, Art. IV Ch. 85, Taxation Art. I, Senior Citizen Exemption Ch. 245, Art. I Art. II, Business Investment Exemption Ch. 245, Art. II Art. III, Veterans' Exemption Ch. 245, Art. III Art. IV, Exemption for Disabled Persons With Limited Ch. 245, Art. IV Income Art. V, Exemption for Volunteer Fire Fighters and Ch. 245, Art. V Ambulance Workers Ch. 86, Tobacco Advertising Ch. 249 Ch. 87, Transfer of Development Rights Ch. 117 Ch. 88, Tourist and Trailer Camps Art. I, General Regulations Ch. 253, Art. I Art. II, Recreational Vehicle Parks Ch. 253, Art. II Ch. 89, Unlicensed Motor-Driven Vehicles Ch. 264, Art. I Ch. 90, Unsafe Buildings Ch. 100 Ch. 92, Vehicles and Traffic Ch. 260 Ch. 95, Waterfront Consistency Review Ch. 268 Ch. 97, Wetlands and Shoreline Ch. 275 Ch. 98, Housing Fund Ch. 34 Ch. 100, Zoning Ch. 280 APPENDIX Ch. A105, Grievance Procedures Ch. 47, Art. I Ch. A106, Subdivision of Land Ch. 240 Ch. A107, Police Department Rules and Regulations Ch. A290 Ch. A108, Highway Specifications Ch. 161 1-15. Nonsubstantive changes in previously adopted legislation. § In compiling and preparing the legislation and 1973 Code for publication as the 2006 Code of the Town of Southold, no changes in the meaning or intent of such ordinances have been made. Certain grammatical changes and other minor nonsubstantive changes were made in one or more of said pieces of legislation. Chapters, articles and sections have been renumbered pursuant to Southold Town Meeting Agenda - June 20, 2006 Page 54 the table in § 1-14, including all internal references and cross-references. It is the intention of the Town Board that all such changes be adopted as part of the Code as if the ordinances had been previously formally amended to read as such. § 1-16. Continuation of provisions. A. The provisions of the Code, insofar as they are substantively the same as those of local laws, ordinances and resolutions in force immediately prior to the enactment of the Code by this local law, are intended as a continuation of such local laws, ordinances and resolutions and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior local law, ordinance or resolution. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the Town Board of the Town of Southold, and it is the intention of said Board that each such provision contained within the Code is hereby reaffirmed as it appears in said Code. B. For purposes of transition from the 1973 Code to this Code, any reference to a chapter of section number from the 1973 Code on or in any form, license, permit, ticket or other Town document shall be deemed to refer to the corresponding chapter or section in this code until such form, license, permit, ticket or other Town document is revised or reprinted to refer to the numbering in this code. § 1-17. Incorporation of provisions into Code. The provisions of this local law are hereby made Article II of Chapter 1 of the Code of the Town of Southold, such local law to be entitled “General Provisions, Article II, Adoption of Renumbered 2006 Code,” and the sections of this local law shall be numbered §§ 1-14 to 1-18, inclusive. § 1-18. When effective. This local law shall take effect immediately upon filing with the Secretary of State of the State of New York. Vote Record - Resolution 2006-575 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-576 CATEGORY: Contracts, Lease & Agreements Southold Town Meeting Agenda - June 20, 2006 Page 55 DEPARTMENT: Land Preservation C&D Realty Elect to Purchase WHEREAS , the Town Board of the Town of Southold held a public hearing on the question of th the purchase of the property owned by C & D Realty on this 20 day of June, 2006, pursuant to the provisions of Chapter 59 (Open Space Preservation) and Chapter 6 (Community Preservation Fund) of the Town Code, at which time all interested parties were given the opportunity to be heard; and WHEREAS , said property is identified as SCTM #1000-113-4-1 and 3640 Cox Neck Road, Mattituck, New York, and is located on the southeasterly curve of Cox Neck Road approximately 260 feet from the intersection of Bergen Avenue and Cox Neck Road in Mattituck; and WHEREAS , the subject property contains wetlands and borders on Harold’s Branch of Mattituck Inlet; and WHEREAS , the open space acquisition is for fee title of the entire approximately 0.75 acre (subject to survey) property and has been offered for sale to the Town of Southold below fair market value as a bargain sale. The purchase price for this open space acquisition is $200,000 (two hundred thousand dollars) plus acquisition costs; and WHEREAS , the property is listed on the Town’s January 2006 update to the Community Preservation Project Plan List of Eligible Parcels as land that should be preserved due to its significant wetlands; and WHEREAS , the property is to be purchased for the purpose of the preservation of open space, stormwater remediation and water quality control; and Southold Town Meeting Agenda - June 20, 2006 Page 56 WHEREAS , the purchase of this property is in conformance with the provisions of Chapter 59 (Open Space Preservation) and Chapter 6 (Community Preservation Fund) of the Town Code; and WHEREAS ,the proposed action has been reviewed pursuant to Chapter 95 of the Town Code and Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has determined that this action is consistent with the LWRP; and WHEREAS , as per Chapter 87 (Transfer of Development Rights) of the Code of the Town of Southold, Section 87-5, one (1) Sanitary Flow Credit is available upon the Town’s purchase of the property. The transfer of the Sanitary Flow Credit into the TDR Bank will not be finalized, and shall not occur, until the Town closes on the property, and the Town Board passes a resolution allowing the transfer into the Town TDR Bank; and WHEREAS ,the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the property; and WHEREAS , the Town Board deems it in the best public interest that the Town of Southold purchase fee title to the subject property for the purpose of open space, stormwater remediation and water quality control; now, therefore, be it RESOLVED that pursuant to the provisions of Chapter 59 (Open Space Preservation) and Chapter 6 (Community Preservation Fund) of the Town Code, the Town Board of the Town of elects to purchase the property owned C & D Realty Southold hereby .Said property is identified as SCTM #1000-113-4-1. The address is 3640 Cox Neck Road, Mattituck, New York, and is located on the southeasterly side of Cox Neck Road approximately 260 feet from the intersection of Bergen Avenue and Cox Neck Road in Mattituck in the R-40 zoning district. The proposed acquisition for fee title is approximately 0.75 acre (subject to survey). and has been offered for sale to the Town of Southold as a bargain sale. The purchase price for this open space Southold Town Meeting Agenda - June 20, 2006 Page 57 acquisition is $200,000 (two hundred thousand dollars) plus acquisition costs. Town funding for this purchase is in conformance with the provisions of Chapter 59 (Open Space Preservation) and Chapter 6 (Community Preservation Fund) of the Town Code; The proposed action has been reviewed pursuant to Chapter 95 of the Town Code and Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has determined that this action is consistent with the LWRP. As per Chapter 87 (Transfer of Development Rights) of the Code of the Town of Southold, Section 87-5, one (1) Sanitary Flow Credit is available upon the Town’s purchase of the property. Vote Record - Resolution 2006-576 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell VII. PUBLIC HEARINGS 1. Motion to recess to Public Hearing RESOLVEDbe and hereby is declared that this meeting of the Southold Town Board Recessed in order to hold a public hearing. Vote Record - Motion to recess to Public Hearing ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ???????? William P. Edwards ? Adopted ?????????? Defeated Daniel C. Ross ?? Withdrawn ???????? Thomas H. Wickham ???????? Louisa P. Evans ???????? Scott Russell Public Hearing # 2 9:00 .. - T AMEPERMAN COASTAL EROSIION HEARING Vote Record - Public Hearing #2 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ???????? William P. Edwards ? Adjourned ???????? Daniel C. Ross ?? Closed ???????? Thomas H. Wickham ???????? Louisa P. Evans ???????? Scott Russell Southold Town Meeting Agenda - June 20, 2006 Page 58 Public Hearing # 3 5:00 P., PHAVFT MA UBLIC EARING ON MENDMENT TO OLUNTEER IREFIGHTER AX ELL XEMPTION OCAL AW Vote Record - Public Hearing #3 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ???????? William P. Edwards ? Adjourned ???????? Daniel C. Ross ?? Closed ???????? Thomas H. Wickham ???????? Louisa P. Evans ???????? Scott Russell Public Hearing # 4 5:05 P.M. PHPLLE, “A LLI A UBLIC EARING ON THE ROPOSED OCAL AW NTITLEDOCAL AW N RAAHD” ELATION TO MENDMENTS TO THE FFORDABLE OUSING ISTRICT Vote Record - Public Hearing #4 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ???????? William P. Edwards ? Adjourned ???????? Daniel C. Ross ?? Closed ???????? Thomas H. Wickham ???????? Louisa P. Evans ???????? Scott Russell Public Hearing # 5 5:10 P.M., PHPLLE, “A LLI A UBLIC EARING ON THE ROPOSED OCAL AW NTITLEDOCAL AW N RRCTS” ELATION TO THE ENUMBERING OF THE ODE OF THE OWN OF OUTHOLD Vote Record - Public Hearing #5 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ???????? William P. Edwards ? Adjourned ???????? Daniel C. Ross ?? Closed ???????? Thomas H. Wickham ???????? Louisa P. Evans ???????? Scott Russell Public Hearing # 6 5:15 P.M., PHPOS- C&D R A UBLIC EARING ON THE URCHASE OF PEN PACE EALTY Vote Record - Public Hearing #6 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ???????? William P. Edwards ? Adjourned ???????? Daniel C. Ross ?? Closed ???????? Thomas H. Wickham ???????? Louisa P. Evans ???????? Scott Russell 8. Adjourn Town Board Meeting Southold Town Meeting Agenda - June 20, 2006 Page 59 RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at __________ P.M. * * * * * Elizabeth A. Neville Southold Town Clerk Vote Record - Adjourn Town Board Meeting ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ???????? William P. Edwards ? Adopted ?????????? Defeated Daniel C. Ross ?? Withdrawn ???????? Thomas H. Wickham ???????? Louisa P. Evans ???????? Scott Russell