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HomeMy WebLinkAboutAG-01/06/2009 ELIZABETH A. NEVILLE Town Hall, 53095 Main Road TOWN CLERK PO Box 1179 Southold, NY 11971 REGISTRAR OF VITAL STATISTICS Fax (631) 765-6145 MARRIAGE OFFICER Telephone: (631) 765 - 1800 RECORDS MANAGEMENT OFFICER www.southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER FINAL AGENDA SOUTHOLD TOWN BOARD January 6, 2009 4:30 PM POLICY: At scheduled Town Board meetings, the attending public is encouraged to briefly address the Town Board relating to agenda resolutions prior to their enactment; the public will also be given time at the conclusion of the regularly scheduled business agenda to address the Board on any given topic. CALL TO ORDER 4:30 PM Meeting called to order on January 6, 2009 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Present Absent Late Arrival ??? Councilman William Ruland ??? Councilman Vincent Orlando ??? Councilman Albert Krupski Jr. ??? Councilman Thomas H. Wickham ??? Justice Louisa P. Evans ??? Supervisor Scott Russell ??? Town Clerk Elizabeth A Neville ??? Assistant Town Attorney Kieran Corcoran I. REPORTS 1. DPW Monthly Report December 2008 II. PUBLIC NOTICES 1. Town of Riverhead Code Amendment Handicapped Access Ramps Uses Southold Town Meeting Agenda - January 6, 2009 Page 2 III. COMMUNICATIONS IV. DISCUSSION 1. Request for Use of Strawberry Fields 2. 9:30 A.M. - Heather Lanza, Pat Finnegan Wireless Facilities Code - Set public Hearing 3. 10:00 A.M. - Chief Cochran - High Band Conversion for Police Department - Hire PSD to fill vacant position 4. Employees - Policy on Comp Time/Overtime - Town Employees on Committees 5. Town Employees/Cell Phones per Councilman Orlando 6. Draft Schedule: Department by Department Budget Review Tuesday, January 20th @ 2:30 p.m. - Chief Cochran Wednesday, February 4th @ 2:30 p.m. - Jim Bunchuck Tuesday, February 3rd @ 2:30 p.m. - Peter Harris 7. Resurrection of LWRP Committee - Don Wilder Chair (?) 8. 12:30 P.M. Joan Gilroy Cablevision 9. Executive Session Discussions regarding proposed litigation 10. 1:00 P.M. - John Cushman Medical/Employment History of a Particular Person 11. Executive Session Matters concerning the employment/discipline of particular person(s) per Councilman Krupski 12. Executive Session Litigation Southold Town Meeting Agenda - January 6, 2009 Page 3 13. Division of Natural Resources V. RESOLUTIONS 2009-59 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Fishers Island Longevity Easter,Burke and Hoch WHEREAS, a the Board of Commissioners of theFishers Island Ferry District adopted resolution at their December 17, 2008increasingthe following full-time personnel wages by 7% due to 25 years longevity effective January 22, 2009, and WHEREAS the Town Board of the Town of Southold is required to approve appointments and salary adjustments of employees of the Fishers Island Ferry District, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby increases the following Fishers’ Island employees’ salaries by 7% due to longevity, effective January 22, 2009: Marine Operation Supervisor - Stephen Burke Freight Agent – Richard Hoch Assistant Manager – Mark Easter ? Vote Record - Resolution RES-2009-59 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-60 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Land Preservation Peconic Land Trust, Inc. 2009 Contract Southold Town Meeting Agenda - January 6, 2009 Page 4 RESOLVED engages the professional that the Town Board of the Town of Southold hereby services of the Peconic Land Trust, Incorporated to perform Conservation Planning, Acquisition, and Professional Services related to the Town’s land preservation efforts, and authorizes and directs Supervisor Russell to sign the agreement between the Peconic Land Trust, Incorporated and the Town of Southold , subject to review of the contract language by the Town Attorney. Compensation shall not exceed sixty thousand ($60,000.00) dollars. The contract term shall be from January 1, 2009 to December 31, 2009. Invoices submitted under this contract shall be a legal charge to the 2009 Community Preservation Fund budget H3.8710.2.400.100 (Land Use Consultants). ? Vote Record - Resolution RES-2009-60 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-61 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Land Preservation The Nature Conservancy 2009 Contract RESOLVED engages the professional that the Town Board of the Town of Southold hereby services of The Nature Conservancy to perform Conservation Planning, Acquisition, and Professional Services related to the Town’s land preservation efforts, and authorizes and directs Supervisor Russell to sign the agreement between The Nature Conservancy and the Town of Southold, subject to review of the contract language by the Town Attorney . Compensation shall not exceed twenty thousand ($20,000.00) dollars. The contract term shall be from January 1, 2009 to December 31, 2009. Invoices submitted under the terms of this contract shall be a legal charge to the 2009 Community Preservation Fund budget H3.8710.2.400.100 (Land Use Consultants). Southold Town Meeting Agenda - January 6, 2009 Page 5 ? Vote Record - Resolution RES-2009-61 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-62 CATEGORY: Bid Acceptance DEPARTMENT: Town Clerk FIFD Fuel Oil Bid 2009 RESOLVEDaccepts the fuel bid of that the Town Board of the Town of Southold hereby Drew Oil, Cranston, RI upon the recommendation of the Fishers Island Ferry District for the calendar year of 2009, all in accordance with the Town Attorney. Price of Fuel Oil $1.56925 per gallon Price of Delivery $0.00550 per gallon Total Price $1.57475 per gallon ? Vote Record - Resolution RES-2009-62 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-63 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Second Supplemental Agreement to the Original Agreement Dated August 19, 2003, Between the State of Connecticut, Town of Southold, and the Fishers Island Ferry District RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Second Supplemental Agreement to the original Agreement dated August 19, 2003, between the State of Connecticut, Town of Southold, Southold Town Meeting Agenda - January 6, 2009 Page 6 and the Fishers Island Ferry District , for the construction, inspection and maintenance required in conjunction with the New London Ferry Terminal expansion for the Fishers Island Ferry District utilizing Federal funds from the Ferry Boat Discretionary Program, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2009-63 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-64 CATEGORY: Grants DEPARTMENT: Town Clerk 2009 CDBG Program RESOLVED amends resolution 2008- that the Town Board of the Town of Southold hereby 1096, adopted at the December 16, 2008 regular Town Board meeting, as follows: RESOLVED that the Town Board of the Town of Southold hereby adopts the following 2009 Community Development Block Grant Program Budget and authorizes and directs Supervisor Scott A. Russell to sign the CDBG Program Description Forms in connection with the 2009 CDBG Program in the amount of $130,000. Project Budget Home Improvement Program $77,500 Peconic Recreation $20,000 19,500 Center – Handicapped Lift Administration $13,000 Southold Town Meeting Agenda - January 6, 2009 Page 7 North Fork Early Learning Center – Child Day Care Facility $ 7,500 Robert Perry Child Day Care Center $ 7,500 Community Action Southold Town $ 7,500 5,000 CAST ? Vote Record - Resolution RES-2009-64 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-65 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Set Next Town Board Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, January 20, 2009 at the Southold Town Hall, Southold, New York at 7:30 P. M.. ? Vote Record - Resolution RES-2009-65 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-66 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit 1/6/09 Southold Town Meeting Agenda - January 6, 2009 Page 8 RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby January 6, 2009. ? Vote Record - Resolution RES-2009-66 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-67 CATEGORY: Road Dedications DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Drainage Easements Pertaining to the Following Tax Parcels in Connection with the Dedication of the Drainage Area Between Zoumas Contracting Corp. and the Town of Southold RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Drainage Easements pertaining to the following tax parcels in connection with the dedication of the drainage area between Zoumas Contracting Corp. and the Town of Southold , subject to the approval of the Town Attorney. Suffolk County Tax Map Nos. 1000-79-4-17.21; and 1000-79-4-17.22 ? Vote Record - Resolution RES-2009-67 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-68 CATEGORY: Budget Modification DEPARTMENT: Planning Board Planning Dept 2008 Budget Mod. Fiscal Impact: Southold Town Meeting Agenda - January 6, 2009 Page 9 Although the Planning Board has exceeded the $47,400 budget amount for 2008, it has either received from applicants, or applied from TDR Grant, reimbursement for approximately 98% of the budgeted amount and overage. RESOLVEDmodifies the 2008 General that the Town Board of the Town of Southold hereby Fund Part-Town Planning Department budget as follows: From: B.8020.4.500.500 Planning Consultant $10,000 To: B.8020.4.500.300 Environmental Consultants $10,000 ? Vote Record - Resolution RES-2009-68 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-69 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification for FI Sewer District RESOLVEDmodifies the 2008 Fishers that the Town Board of the Town of Southold hereby Island Sewer District budget as follows: From: SS2.8160.4.000.000 Refuse & Garbage, C.E. $2,000 To: SS2.1440.4.000.000 Engineering, C.E. $ 2,000 ? Vote Record - Resolution RES-2009-69 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded Southold Town Meeting Agenda - January 6, 2009 Page 10 2009-70 CATEGORY: Budget Modification DEPARTMENT: Human Resource Center Bud. Modification - Human Resource Center / Programs for the Aging Fiscal Impact: Modification of under-expended budget lines to reconcile over-expended budget lines for 2008. RESOLVEDmodifies the 2008 that the Town Board of the Town of Southold hereby General Fund Whole Town budget as follows: From: Appropriations: A.6772.1.200.100 Programs for the Aging, P.S. Part-Time Employees- Regular Earnings $33,411.00 To: Appropriations: A.6772.1.100.100 Programs for the Aging, P.S. Full-Time Employees-Regular Earnings $30,011.00 A.6772.4.100.200 Contractual Expense Gasoline and Oil $ 2,700.00 A.6772.4.200.100 Contractual Expense Cellular Phone Service $ 300.00 A.6772.4.400.675 Contracted Services Dishwashing $ 300.00 A.6772.4.400.500 Contracted Services Laundry $ 100.00 ? Vote Record - Resolution RES-2009-70 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded Southold Town Meeting Agenda - January 6, 2009 Page 11 2009-71 CATEGORY: Budget Modification DEPARTMENT: Planning Board Budget Mod - Tree Committee Fiscal Impact: Budget modification is needed to cover expenses for 2008 tree plantings. RESOLVEDmodifies the 2008 Tree that the Town Board of the Town of Southold hereby Committee Whole Town budget as follows: To: Revenues : A.2705.30 Gifts and Donations Tree Committee Donations $1,500.00 To: Appropriations : A.8560.4.400.200 Contracted Services Trees & Committee Expense $1,500.00 ? Vote Record - Resolution RES-2009-71 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-72 CATEGORY: Budget Modification DEPARTMENT: Highway Department 2008 Budget Modification - Highway Fiscal Impact: The reason(s) for the above-described transfer(s) is that they have been necessitated in order to prevent end-of-year under-funding of several line items. RESOLVEDmodifies the 2008 Highway that the Town Board of the Town of Southold hereby Fund Part Town budget as follows : TO: Southold Town Meeting Agenda - January 6, 2009 Page 12 DB.5110.1.100.200 General Repairs, P.S. Full Time Employees Overtime Earnings $20,000.00 DB.5110.1.100.300 General Repairs, P.S. Full Time Employees Vacation Earnings $ 9,424.42 DB.5110.1.100.400 General Repairs, P.S. Full Time Employees Sick Earnings $18,360.39 DB.5110.1.200.100 General Repairs, P.S. Part Time Employees Regular Earnings $ 800.00 DB.5110.4.100.905 General Repairs, C.E. Supplies & Materials Asphalt Patch $ 2,600.00 DB.5110.4.100.995 General Repairs, C.E. Supplies & Materials Signs & Sign Posts $ 3,000.00 DB.5140.4.100.700 Brush & Weeds/Misc., C.E. Supplies & Materials Safety Gear $ 2,500.00 DB.5140.4.200.100 Brush & Weeds/Misc., C.E. Utilities Telephone/Cellular Phones $ 350.00 DB.5142.4.100.550 Snow Removal, C.E. Supplies & Materials Snow Posts $ 4,000.00 TOTAL $61034.81 FROM: DB.5110.4.100.900 General Repairs, C.E. Supplies & Materials Resurfacing Projects $23,960.39 DB.5110.4.100.915 General Repairs, C.E. Supplies & Materials Southold Town Meeting Agenda - January 6, 2009 Page 13 Cement $ 3,000.00 DB.5110.4.100.930 General Repairs, C.E. Supplies & Materials Stone Blend $ 800.00 DB.5110.4.100.960 General Repairs, C.E. Supplies & Materials Drain Pipe/Rings/Covers $26,424.42 DB.5140.4.100.900 Brush & Weeds/Misc., C.E. Supplies & Materials Landscaping Materials $ 2,500.00 DB.5140.4.100.125 Brush & Weeds/Misc., C.E. Supplies & Materials Miscellaneous Supplies $ 350.00 DB.5142.2.400.200 Snow Removal Industrial Equipment Snow Equipment $ 3,000.00 DB.5142.4.100.100 Snow Removal, C.E. Supplies & Materials Misc. Supplies $ 1,000.00 TOTAL $61034.81 ? Vote Record - Resolution RES-2009-72 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-73 CATEGORY: Budget Modification DEPARTMENT: Assessors 2008 Budget Modification - Assessors Fiscal Impact: Please consider the following resolution to modify our current budget. This modification is requested Due to New York State not reimbursing for education expenses. We are contacting New York State to see when the money will be forthcoming however this will clear up the year end overdraft. Southold Town Meeting Agenda - January 6, 2009 Page 14 RESOLVEDmodifies the Whole Town, that the Town Board of the Town of Southold hereby General Fund 2008 budget as follows: To: A1355.4.600.200 Board of Assessors Misc. Meetings & Seminars $1492.29 From: A1355.4.500.200 Board of Assessors Fee for Services Appraisals $1492.29 ? Vote Record - Resolution RES-2009-73 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-74 CATEGORY: Budget Modification DEPARTMENT: Town Clerk Budget Modification - Recreation Fiscal Impact: to cover the salary for Jill Franke, part-time account clerk-typist RESOLVEDmodifies the 2008 that the Town Board of the Town of Southold hereby General Fund Whole Town, as follows: FROM: A7020.1.100.200 Personal Services/Full Time Employees $900.00 Overtime Earnings TO: A7020.1.200.100 Personal Services/Part Time Employees $900.00 Regular Earnings Southold Town Meeting Agenda - January 6, 2009 Page 15 ? Vote Record - Resolution RES-2009-74 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-75 CATEGORY: Budget Modification DEPARTMENT: Town Clerk Budget Modification - Historic Preservation Fiscal Impact: budget modification to the 2008 General Fund Whole Town budget to cover an over expended line item in the Historic Preservation Committee 2008 budget RESOLVEDmodifies the General Fund that the Town Board of the Town of Southold hereby Whole Town 2008 budget as follows: TO : A.7520.1.200.100 Part-Time Employees, P.S. Regular Earnings $1.00 FROM : A.7520.4.100.100 Supplies & Materials, C.E. Office Supplies/Stationary $1.00 ? Vote Record - Resolution RES-2009-75 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-76 CATEGORY: Budget Modification DEPARTMENT: Trustees Full-Time Employees & Court Reporter Underfunding Fiscal Impact: The budget lines for full-time employees and court reporters were underfunded. Southold Town Meeting Agenda - January 6, 2009 Page 16 RESOLVEDmodifies the 2008 that the Town Board of the Town of Southold hereby General Fund Whole Town budget as follows: From: A8090.1.300.100 Seasonal Employees Regular Earnings $2819.48 To: A8090.1.100.100 Full-Time Employees Regular Earnings $2019.36 A8090.1.200.100 Part-Time Employees Regular Earnings $ .12 A8090.4.500.600 Court Reporters $ 800.00 ? Vote Record - Resolution RES-2009-76 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-77 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District Budget Modification - SWMD Fiscal Impact: Financial Impact: Required to cover final 2008 costs RESOLVEDmodifies the 2008 that the Town Board of the Town of Southold hereby Solid Waste Management District budget as follows: From: SR 8160.4.100.200 Diesel Fuel $ 5,867.50 To: SR 8160.4.500.150 Groundwater Monitoring $ 5,867.50 . Southold Town Meeting Agenda - January 6, 2009 Page 17 ? Vote Record - Resolution RES-2009-77 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-78 CATEGORY: Budget Modification DEPARTMENT: Data Processing Budget Modification - Data Processing Fiscal Impact: Reason: Unfunded salary increase RESOLVEDmodifies the 2008 General that the Town Board of the Town of Southold hereby Fund, Whole Town budget as follows: From: A.1680.1.100.200 Overtime Earnings $3250.00 To: A.1680.1.100.100 Regular Earnings $3250.00 ? Vote Record - Resolution RES-2009-78 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-79 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification for Historian 2008 Pt Earnings RESOLVEDmodifies the 2008 that the Town Board of the Town of Southold hereby Southold Town Meeting Agenda - January 6, 2009 Page 18 General Fund Whole Town Budget as follows: From: A.7510.4.100.100 Historian, C.E. Office Supplies/Stationary $ 85.00 To: A.7510.1.200.100 Historian, P.S. Part Time Regular Earnings $ 85.00 ? Vote Record - Resolution RES-2009-79 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-80 CATEGORY: Organizational DEPARTMENT: Town Clerk Appoint Linda Randolph to the Position of Secretary to the Southold Town Tree Committee RESOLVEDappoints Linda Randolph that the Town Board of the Town of Southold hereby to the position of Secretary to the Southold Town Tree Committee , effective from January 1, 2009 through December 31, 2009 not to exceed five (5) hours per week in addition to her regular 35 hour work week, regardless of the number of committees she serves. . ? Vote Record - Resolution RES-2009-80 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-81 CATEGORY: Employment - Town DEPARTMENT: Accounting Southold Town Meeting Agenda - January 6, 2009 Page 19 Leave Time Donations for Non-Union Employees RESOLVEDauthorizes employees to that the Town Board of the Town of Southold hereby donate unused accumulated leave time to non-union employees. ? Vote Record - Resolution RES-2009-81 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-82 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervsior Scott A. Russell to Execute the Final Application for Federal Assistance Between the Town of Southold and the Federal Aviation Administration for Runway Crack Repairs for Elizabeth Field Airport, Fishers Island RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervsior Scott A. Russell to execute the Final Application for Federal Assistance between the Town of Southold and the Federal Aviation Administration for runway crack repairs for Elizabeth Field Airport, Fishers Island , in connection with FAA AIP Project No. 3-36-0029-XX-09, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2009-82 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-83 CATEGORY: Advertise DEPARTMENT: Town Clerk Southold Town Meeting Agenda - January 6, 2009 Page 20 Advertise for Position of Assistant Town Attorney RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise for resumes for the full-time position of Assistant Town Attorney. ? Vote Record - Resolution RES-2009-83 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-84 CATEGORY: Property Usage DEPARTMENT: Town Clerk Approve Use of Strawberry Fields for East End GreenFest RESOLVED that the Town Board of the Town of Southold hereby grants permission to Syd and Deborah Dufton to use Strawberry Fields in Mattituck for the East End GreenFest on August 1 & 2, 2009 (Saturday and Sunday) from 8:00 AM to 8:00PM. Set-up on July 31, 2009 and breakdown and field restoration on August 3, 2009, subject to the conditions of the Town Board and the approval of the Town Attorney. Applicant must file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold and the County of Suffolk as additional insureds. ? Vote Record - Resolution RES-2009-84 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-85 CATEGORY: Seqra DEPARTMENT: Land Preservation CW Francis SEQRA WHEREAS, the Town Board of the Town of Southold wishes to purchase a development rights Southold Town Meeting Agenda - January 6, 2009 Page 21 easement on a certain parcel of property owned by C. W. Francis & Son, Inc. pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Code of the Town of Southold. Said property is identified as part of SCTM #1000-19.-1- 14.7. The address is 32400 Route 25 and the property is located in the R-80/R-200 zoning districts and is approximately 300 feet southwesterly from the intersection of Old North Road and NYS Route 25, in Orient, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 23.0± acres (subject to survey) of the 26.48± acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The purchase price for the easement is $80,000 (eighty thousand dollars) per buildable acre plus acquisition costs; now, therefore, be it RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; 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; 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 RES-2009-85 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-86 CATEGORY: Property Acquisition Purchase DEPARTMENT: Land Preservation CW Francis Elect to Purchase WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of a development rights easement on a certain parcel of property owned by C. W. th Francis & Son, Inc. on the 6 day of January, 2009, pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, at which time all interested parties were given the opportunity to be heard; and Southold Town Meeting Agenda - January 6, 2009 Page 22 WHEREAS, said property is identified as part of SCTM #1000-19.-1-14.7. The address is 32400 Route 25 and the property is located in the R-80/R-200 zoning districts and is approximately 300 feet southwesterly from the intersection of Old North Road and NYS Route 25 in Orient, New York; and WHEREAS, the development rights easement comprises a part of the property consisting of approximately 23.0± acres (subject to survey) of the 26.48± acre parcel. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owner; and WHEREAS, t he purchase price for the easement is $80,000 (eighty thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds; and WHEREAS, the property is listed on the Town’s Community Preservation Project Plan as property that should be preserved due to its agricultural value; and WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has recommended that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the development rights easement; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on this agricultural land; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a development rights easement on agricultural land owned by C. W. Francis & Son, Inc. pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Code of the Town of Southold. Said property is identified as part of SCTM #1000-19.-1-14.7. The address is 32400 Route 25 and the property is located in the R- 80/R-200 zoning districts and is approximately 300 feet southwesterly from the intersection of Old North Road and NYS Route 25 in Orient, New York. The development rights easement comprises a part of the property consisting of approximately 23.0± acres (subject to survey) of the 26.48± acre parcel. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owner. The purchase price for the easement is $80,000 (eighty thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds. Town funding for this purchase is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Southold Town Meeting Agenda - January 6, 2009 Page 23 Chapter 70 (Agricultural Lands Preservation) of the Town Code of the Town of Southold. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the Local Waterfront Revitalization Program (LWRP) and the Town Board has determined that this action is consistent with the LWRP. ? Vote Record - Resolution RES-2009-86 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-87 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL to Limit Size in Res WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk th A Local Law In County, New York, on the 16 day of December, 2008 a Local Law entitled “ Relation to Zoning Amendments to limit the size of dwelling units in Residential Site Plans in the Hamlet Business and Hamlet Density Districts in 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 RESOLVEDENACTS that the Town Board of the Town of Southold hereby the proposed local A Local Law In Relation to Zoning Amendments to limit the size of dwelling law entitled, “ units in Residential Site Plans in the Hamlet Business and Hamlet Density Districts in the Town of Southold ” reads as follows: LOCAL LAW NO. ___1____ 2009 “A Local Law in relation to Zoning Amendments to limit the size of dwelling A Local Law entitled, units in Residential Site Plans in the Hamlet Density Districts in the Town of Southold” . Southold Town Meeting Agenda - January 6, 2009 Page 24 BE IT ENACTED by the Town Board of the Town of Southold as follows: Section 1. Enactment I. Legislative Intent The Town of Southold’s Comprehensive Plan, comprised of a series of planning initiatives undertaken over the past 20 years, establishes a group of fundamental goals that together provide the underpinnings of Southold’s future vision. These goals are: 1. To preserve land, including farmland, open space and recreational landscapes. 2. To preserve the rural, cultural and historic character of the hamlets surrounding the countryside. 3. To preserve the Town’s remaining natural environment; to prevent further deterioration of the Town’s natural resources and to restore the Town’s degraded natural resources back to their previous quality. 4. To preserve and promote a range of housing and business opportunities that supports a socio-economically diverse community. 5. To increase transportation efficiency and to create alternatives to automobile travel, while preserving the scenic and historic attributes of roads in the Town. The Town Board of the Town of Southold recognizes that the local community can absorb a finite amount of development in order to achieve the goals set forth above. The development that occurs will result in irreversible changes to the land and the community. The Town of Southold is engaged in a process for comprehensive planning for the hamlets located in the Town, and in 2005 adopted the Town of Southold “Hamlet Study”. The Hamlet Study represents a unique exercise in Southold’s long tradition of community planning as it was prepared by stakeholders from each hamlet representing a cross-section of the community. The primary goal of the Hamlet Study was to balance and accommodate an appropriate degree of growth in each hamlet. Since the adoption, the hamlet stakeholder process has been re-convened and the stakeholders are active in working with the Planning Board and staff to plan for the future of the hamlets. Presently, there are two applications for residential site plans before the Planning Board. Southold Town Meeting Agenda - January 6, 2009 Page 25 These projects, if approved in their present form, would yield a significant change in the character of the hamlets in which they are proposed. The proposed project in Cutchogue contains the second-largest number of residential units proposed in a single development in the Town of Southold in recent memory. The impact of this development on the existing community and character of the hamlet is likely to be profound. The proposed project in Southold, while not as large in number of units, is large in scale and size of buildings. The Planning Department, faced with these applications, advised the Town Board that the current residential site plan regulations are inadequate to deal with the proposed developments. The current residential site plan regulations lack residential design standards and cluster requirements. The Town Board, Planning Board, Planning staff, and Code Committee reviewed the high density residential zoning, including Hamlet Density (HD) and Hamlet Business (HB), and proposed amendments. A public hearing was held on the proposed Code amendments on September 23, 2008. Thereafter, the Town Board, Planning staff and Code Committee met on several occasions to review the public comments and further discuss appropriate amendments to the town code. These proposed amendments are designed to assure that residential development in the residential zones is consistent with the plans for the hamlet, is compatible in scale with the hamlet, and will comprehensively meet the long-range goals of the Town. These amendments intend to assure a diversity of housing stock, promote moderate-cost dwellings, meet the needs of the existing population, and protect groundwater, open space and community character. The business zones that allow residential development have been removed from the proposal at this time, as the Planning Board, Town Board, and Code Committee have agreed that it is appropriate to examine the business zones and their uses comprehensively in the near future. This proposed law places restrictions on the size of dwelling units in the HD zoning district. This district is the densest residential zoning district in the Town, and such restriction will serve to achieve the aforementioned goals. Section 2 . CODE AMENDMENTS Chapter 280 of the Code of the Town of Southold is amended as follows: §280-137 A(6)(a.) Maximum amount of building area and size of buildings in the HD 2. Zoning District i. The maximum amount of total building area on a parcel shall be Southold Town Meeting Agenda - January 6, 2009 Page 26 limited to the yield as determined by a yield plan multiplied by 1,200 s.f. (Yield shall be determined pursuant to §240-10B). The resulting maximum amount of building area may then be divided into structures. ii. At least 50% of the total number of units must not be larger than 1,200 s.f. livable floor area. The remaining building area may be distributed among units of varying sizes, provided the total number of dwelling units built does not exceed the yield as determined by the yield plan. Each unit built may have up to 400 s.f. incidental floor area in addition to the livable floor area. iii. Total building area for the purpose of this section is the cumulative amount of livable floor area, as defined below, of all dwellings. Total building area does not include clubhouse or similar amenities structures. iv. Livable floor area per unit for the purpose of this section is the total area of all floors, including all spaces within the exterior walls of a dwelling unit, with no deduction for hallways, stairs, closets, thickness of interior walls, or other interior features. Livable floor area per unit shall exclude unfinished basement area and unfinished attic area. Incidental floor area shall include, but not be limited to, garages, unenclosed porches and decks. Section 3 . APPLICATION This local law shall apply to ALL [new and pending] applications for residential site plans in the Town of Southold. Section 4 . 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. Section 5. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State. Southold Town Meeting Agenda - January 6, 2009 Page 27 ? Vote Record - Resolution RES-2009-87 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-88 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL Design Standards Res Site Plan WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk A Local Law In County, New York, on the 16th day of December, 2008 a Local Law entitled “ Relation to Design Standards and Regulations for Residential Site Plans in 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 will be given an opportunity to be heard, Now therefor be it RESOLVEDENACTS that the Town Board of the Town of Southold hereby the proposed local A Local Law In Relation to Design Standards and Regulations for Residential law entitled, “ Site Plans in the Town of Southold ” reads as follows: LOCAL LAW NO. _2_ 2009 “A Local Law in relation to Design Standards and Regulations for A Local Law entitled, Residential Site Plans in the Town of Southold” . BE IT ENACTED by the Town Board of the Town of Southold as follows: Section 1 . Legislative Intent The Town of Southold’s Comprehensive Plan, comprised of a series of planning initiatives undertaken over the past 20 years, establishes a group of fundamental goals that together provide the underpinnings of Southold’s future vision. These goals are: 1. To preserve land, including farmland, open space and recreational landscapes. 2. To preserve the rural, cultural and historic character of the hamlets surrounding the countryside. 3. To preserve the Town’s remaining natural environment; to prevent further deterioration of the Town’s natural resources and to restore the Town’s degraded natural resources back to their previous quality. 4. To preserve and promote a range of housing and business opportunities that Southold Town Meeting Agenda - January 6, 2009 Page 28 supports a socio-economically diverse community. 5. To increase transportation efficiency and to create alternatives to automobile travel, while preserving the scenic and historic attributes of roads in the Town. The Town Board of the Town of Southold recognizes that the local community can absorb a finite amount of development in order to achieve the goals set forth above. The development that occurs will result in irreversible changes to the land and the community. The Town of Southold is engaged in a process for comprehensive planning for the hamlets located in the Town, and in 2005 adopted the Town of Southold “Hamlet Study”. The Hamlet Study represents a unique exercise in Southold’s long tradition of community planning as it was prepared by stakeholders from each hamlet representing a cross-section of the community. The primary goal of the Hamlet Study was to balance and accommodate an appropriate degree of growth in each hamlet. Since the adoption, the hamlet stakeholder process has been re-convened and the stakeholders are active in working with the Planning Board and staff to plan for the future of the hamlets. Presently, there are two applications for residential site plans before the Planning Board. These projects, if approved in their present form, would yield a significant change in the character of the hamlets in which they are proposed. The proposed project in Cutchogue contains the second-largest number of residential units proposed in a single development in the Town of Southold in recent memory. The impact of this development on the existing community and character of the hamlet is likely to be profound. The proposed project in Southold, while not as large in number of units, is large in scale and size of buildings. The Planning Department, faced with these applications, advised the Town Board that the current residential site plan regulations are inadequate to deal with the proposed developments. The current residential site plan regulations lack residential design standards and cluster requirements. The Town Board, Planning Board, Planning staff, and Code Committee reviewed the high density residential zoning, including Hamlet Density (HD) and Hamlet Business (HB), and proposed amendments. A public hearing was held on the proposed Code amendments on September 23, 2008. Thereafter, the Town Board, Planning staff and Code Committee met on several occasions to review the public comments and further discuss appropriate amendments to the town code. These proposed amendments are designed to assure that residential development in the residential zones is consistent with the plans for the hamlet, is compatible in scale with the hamlet, and will comprehensively meet the long-range goals of the Town. These amendments intend to assure a diversity of housing stock, promote moderate-cost dwellings, meet the needs of the existing population, and protect groundwater, open space and community character. The business zones that allow residential development have been removed from the proposal at this time, as the Planning Board, Town Board, and Code Committee have agreed that it is appropriate to examine the business zones and their uses comprehensively in the near future. Section 2 . CODE AMENDMENTS Chapter 280 of the Code of the Town of Southold § 280-137. Standards for residential site plans. The purpose of these residential site plan standards are to provide for a diversity of housing stock, promote moderate-cost dwellings, meet the needs of the existing population and protect groundwater, open space and community character. A. The Planning Board's review of the application and plans with respect to residential Southold Town Meeting Agenda - January 6, 2009 Page 29 site plans shall include their compliance with the following: (1) The requirement that the applicant attend a presubmission conference, at which time the applicant, the Planning Board and planning staff shall discuss the salient design features of the application. At such conference, the applicant shall be provided with a copy of the then-existing design manual as adopted by the Planning Board. (2) The applicable provisions of this chapter. (3) Where applicable, Town Law § 274-a and General Municipal Law § 239-m. (4) Construction standards and specifications of the Town highway specifications, Chapter 161 of the Code of the Town of Southold. For the purposes of residential site plans, one dwelling unit is the equivalent of one residential lot. (5) The requirements of the existing resources and site analysis plan(s) (ERSAP) and the allowable density of dwelling units as calculated using the yield plan criteria for standard subdivisions set forth in §§ 240-10A and B(2) of the Code of the Town of Southold, Subdivision of Land. (6) The provisions of Article XI, Cluster Development, of Chapter 240 of the Code of the Town of Southold, Subdivision of Land, as may shall be applied by the Planning Board in its discretion to residential site plans in residential districts, and may be applied by the Planning Board to residential site plans in business districts., where it determines that such cluster development shall benefit the Town and the natural and scenic qualities of open lands. In doing so, the Planning Board shall establish conditions on the ownership, use and maintenance of such open lands as it deems necessary to assure the preservation of the natural and scenic qualities of such open lands and shall not permit the use of such lands for the fulfillment of the park and recreation requirement. The procedures set forth in Article XI, of Chapter 240, Subdivision of Land, shall govern except as modified herein. To the extent that this provision may be construed to be in conflict with Town Law § 278 regarding clustered development, Town Law § 274-a regarding site plan review, or Town Law § 267, 267-a, 267-b or 267-c regarding the authority of the Zoning Board of Appeals, this provision supersedes and amends such sections insofar as they place any limitation on the Planning Board's application of such clustered development to residential site plans or the requirement of the fulfillment of the park and recreation requirement. (a) Design requirements where cluster development is required: 1. Open space i. Where required, cluster development design shall set aside a percentage of buildable land as open space in accordance with the schedule for Open Space, Buffers and Setbacks for Residential Site Attachment 6 Plans at the end of this chapter, in . ii. Open space shall be vegetated, with no more than 15% of the land area to be irrigated. iii. Open space shall remain open and free of any buildings or structures, except those structures related to the use of the open space, including but not limited to split rail fences, signs and Southold Town Meeting Agenda - January 6, 2009 Page 30 boundary markers. iv. The location, use and design of the open space areas will be determined by the Planning Board using the ERSAP, as set forth above, and as set forth and regulated in §240-10C and §240-44. 2. (reserved) 3. Minimum setback i. The setback from the property line to all structures shall be in accordance with the schedule for Open Space, Buffers and Setbacks for Residential Site Plans at the end of this chapter. 4. Minimum buffer i. The buffer area shall be in accordance with the schedule for Open Space, Buffers and Setbacks for Residential Site Plans at the end of this chapter (7) Design considerations: (a) The location, arrangement, setbacks, size, design, and general site compatibility of buildings, structures, landscaping, lighting, and signs, in keeping with the character of the community; (b) The adequacy, safety and convenience of vehicular traffic access and circulation, including driveways, rights-of-way, curb cuts, intersections, pavement surfaces, traffic controls, and designated areas for access to public transportation; (c) The adequacy, safety and convenience of pedestrian and bicycle traffic and circulation, including sidewalks, walkways, and pedestrian/vehicle conflict points; (d) The sufficiency, convenience and appearance of off-street parking and loading areas, including visitor, employee and overflow parking, parking and storage for trailers, boats, and recreational vehicles, and the provision of alleyways; (e) The provision of and adequacy of emergency lanes, exits, tap streets, other safety zones, and the provision of fire hydrants to promote the public safety; and (f) The proximity of recreational facilities and open space. (g) Garages preferred to be set back from the front façade of the building. Two-car garages should either have a separate door for each bay, or have the appearance of an individual door for each bay. B. SEQRA review. The Planning Board shall comply with the provisions of the New York State Environmental Quality Review Act (SEQRA), Article 8 of the Environmental Conservation Law, 6 NYCRR Part 617. [Added 8-2-2005 by L.L. No. 12-2005] C. Within 10 days after completion of the SEQRA review accepting the application, the Planning Board shall forward the application to the Architectural Review Committee for review. The Architectural Review Committee shall review the application at their next regularly scheduled meeting, and make a written recommendation to the Planning Board on the site plan within 10 business days of that meeting receipt of the referral. If the Committee fails to make a recommendation within this time period, the Southold Town Meeting Agenda - January 6, 2009 Page 31 project shall proceed to the Planning Board for consideration without Committee review. [Added 8-2-2005 by L.L. No. 12-2005] D. Preliminary hearing requirement. Prior to and in addition to the public hearing required by § 280-131H, the Planning Board shall hold a separate preliminary hearing on the application with notice provided pursuant to Chapter 55, Notice of Public Hearings. [Amended 8-2-2005 by L.L. No. 12-2005] E. Affordable housing requirement. Every new residential site plan involving the creation of five or more dwelling units shall comply with the requirements of § 240- 10B(2)(c) of the Code of the Town of Southold, Subdivision of Land, pertaining to the provision of affordable housing, except in the Hamlet Density zoning district the number of units to be set aside as moderate-income family dwelling units (MIFDU) is reduced from twenty percent to ten percent. The requirements applicable to lots within a subdivision in that subsection shall apply equally to dwelling units in affected residential site plans. F. Park and recreation requirement. The provisions of § 240-53 of the Code of the Town of Southold, Subdivision of Land, pertaining to the reservation of parkland in subdivisions, shall apply equally to residential site plans approved under this chapter, except the fee per lot therein shall herein be applicable to each dwelling unit. [Amended 8-2-2005 by L.L. No. 12-2005] G. Performance bond requirement. The provisions of Article IX, Bonds and Other Security, and Article X, Required Public Improvements; Inspections; Fees, of Chapter 240, Subdivision of Land, of the Code of the Town of Southold, shall apply equally to residential site plans approved under this chapter. Pursuant to Municipal Home Rule Law § 10, § 280-137B, C and D herein supersedes and amends New York State Town Law § 274-a regarding site plan review to the extent that the Planning Board is empowered to impose affordable housing, park and recreation and performance bond requirements in the residential site plan review process. [Amended 8-2-2005 by L.L. No. 12-2005] H. Phased development. The Planning Board shall permit the phased development of residential properties that meet all other applicable standards, but shall condition the approval of the development of any permitted phase upon the maintenance of the undeveloped phases in their undeveloped condition, and shall prohibit all clearing and site preparation on such undeveloped phases until such time as development is permitted. [Amended 8-2-2005 by L.L. No. 12-2005] I. Planning Board authority to vary requirements for setbacks, building length, separation and courts, and open space. [Amended 8-2-2005 by L.L. No. 12-2005] (1) The Planning Board shall have the authority to reduce or amend yard setback requirements for individual buildings in favor of a perimeter setback for entire groups of buildings, to require that setbacks from interior streets be varied, and to reduce or amend the requirements of §§ 280-107 and 280-108, and to reduce or amend requirements for open space. In making these decisions, the Planning Board shall take into consideration the benefit to the applicant, as weighed against the detriment to the health, safety and welfare of the neighborhood or community. In making such determination, the Planning Board shall also consider: Southold Town Meeting Agenda - January 6, 2009 Page 32 (a) Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the amendment; (b) Whether the benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue, other than the sought variance; (c) Whether the variance is substantial; (d) Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and (e) Whether the alleged difficulty was self-created, which shall be relevant to the decision but shall not necessarily preclude the proposed amendment or variance. (2) This provision supersedes and amends New York State Town Law §§ 267, 267-a, 267-b and 267-c insofar as these sections give such authority to the Zoning Board of Appeals. Section 3 . Chapter 280 is further amended as follows: 280-4 Definitions BUFFER-- A natural or landscaped vegetated area along the boundaries of a subdivision, lot or parcel, designed to provide natural visual screening through the growth of dense vegetation, and ideally including evergreens. A new Attachment 6 is added to Chapter 280. 280 Attachment 6 Town of Southold Schedule for Open Space, Buffers and Setbacks for Residential Site Plans Size of Minimum open Minimum Minimum buffer 2 property space set-aside setback (in (in feet) 1 (acres) (as a percent of feet) total land area of project) <15 20 30 20 15-39 30 35 25 = 39 50 75 50 1 Perimeter setback from property line to all structures including driveways, patios & decks (includes the buffer area). Setback must be vegetated. Where open space is between the property line and the buildings, the buildings must be setback from the open space a minimum of 10’ as measured from the edge of structure to the nearest edge of open space. The portion of the setback not encompassing the buffer area is excluded from the open space calculation. 2 The buffer is located within the minimum setback. The buffer begins at the property line and extends in towards the interior of the parcel. The area of the buffer shall be included in open space calculations. At the discretion of the Planning Board, buffers can either be “non-disturbance” meaning the buffer area is left in its natural state and vegetation is not Southold Town Meeting Agenda - January 6, 2009 Page 33 cut or removed, or a buffer can be planted and landscaped according to a plan approved by the Planning Board. Section 4 . APPLICATION This local law shall apply to ALL [new and pending] applications for residential site plans in the Town of Southold. Section 5 . 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. Section 6. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State. ? Vote Record - Resolution RES-2009-88 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-89 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL 2009 Open Space in HB & HD 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 September, 2008 a Local Law entitled “ Relation to Open Space in subdivisions in the Hamlet Business and Hamlet Density Zoning Districts ”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 RESOLVEDENACTS that the Town Board of the Town of Southold hereby the proposed local Southold Town Meeting Agenda - January 6, 2009 Page 34 A Local Law In Relation to Open Space in subdivisions in the Hamlet law entitled, “ Business and Hamlet Density Zoning Districts ” which reads as follows: LOCAL LAW NO. __3__ 2009 A Local Law In Relation to Open Space in subdivisions in the Hamlet Business and Hamlet Density Zoning Districts BE IT ENACTED BY the Town Board of the Town of Southold as follows: Section 1 . Legislative Intent The purpose of this Local Law is to require an open space set-aside in subdivisions in the Hamlet Business and Hamlet Density Zoning districts, identical to that imposed on residential site plans in the same districts. Section 2. Chapter 240 of the Southold Town Code is amended as follows: ARTICLE XI Cluster Development § 240-42. Authority and purpose. H. Design requirements for cluster development subdivisions. In addition to the other requirements of this chapter, the following shall apply: (1) In the R-400, R-200, R- 120, R-80 and R-40 and A-C Zoning Districts, a cluster development design must set aside a minimum of 60% of the buildable lands as open space lands. (2) In the HD and HB Zoning Districts, a cluster subdivision development must set aside a minimum percentage of buildable lands as shown in the “Open Space set-aside” column in the Schedule for Open Space, Buffers and Setbacks for Residential Site Plans at the end of Chapter 280. (3) Utility and open space easements may be included in the calculation of the minimum required open space. (4) Roads, streets, rights-of-way may not be included in the calculation of the minimum required open space. Section 3 . APPLICATION This local law shall apply to ALL [new and pending] applications for residential site plans in the Town of Southold. Section 4 . 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 effect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Southold Town Meeting Agenda - January 6, 2009 Page 35 Section 5. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State. ? Vote Record - Resolution RES-2009-89 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-90 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Agreement Between the Town of Southold and the Village of Greenport for the Provision of Fire Protection and Emergency Response Services to the East-West Fire Protection District RESOLVED authorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Agreement between the Town of Southold and the Village of Greenport for the provision of fire protection and emergency response services to the East-West Fire Protection District , for the term commencing January 1, 2009 and ending on December 31, 2018, terminable on one year’s notice, with payment for 2009 not to exceed $547,534.00, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2009-90 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded VI. PUBLIC HEARINGS 1. 4:35 C W Francis - Set Public Hearing 2. 4:40 Residential Site Plans 3. 4:45 Limit Size in Residential Site Southold Town Meeting Agenda - January 6, 2009 Page 36 4. 4:50 East-West Fire Protection District Agreement Between the Town of Southold and the Village of Greenport for the Provision of Fire Protection and Emergency Response Services to the East-West Fire Protection District