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Home My WebLink AboutAG-04/26/2011ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER FINAL AGENDA Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631 ) 765 - 1800 www. southoldt own.northfork.net SOUTHOLD TOWN BOARD April 26, 2011 4:30 PM POLICY: At scheduled Town Board meetings, the attending public is encouraged to briefly address the Town Board relating to agenda resolutions prior to their enactment; the public will also be given time at the conclusion of the regularly scheduled business agenda to address the Board on any given topic. ONLINE ACCESS: The Agenda is generally available the Friday before the meeting. The video of the meeting is usually available 1-2 hours after the meeting. Minutes with adopted resolutions are available 1-2 days after the meeting. A full copy of the minutes, agenda and meeting video can be viewed in one of two ways: (1) The town of Southold website: southoldtown.northfork.net Click on "Town Board On- Line"; Click Box "Yes" to be redirected to IQM2 and you will then be redirected to the Town Clerk online site. (2) www.townclerk, com Enter zip code 11971 in box on lower right hand side and "enter". On the left hand side of screen a dark blue box will pop up, you will see "Town of Southold, Long Island, NY", click on this and another box will pop up that will tell you that you are being directed to another site click on "Yes" to go into the Town Clerk site. Go to the date of the meeting and click on "Minutes Packet" this is the full copy of the resolutions. (Scroll to bottom of page for KEY to symbols). You can view the live video of the meeting by clicking on the camera symbol. All of this information is available 24/7. If you would like help navigating the site, please feel free to call my office 631-765-1800. CALL TO ORDER 4:30 PM Meeting called to order on April 26, 2011 at Meeting Hall, 53095 Route 25, Southold, NY. I. REPORTS 1. Budget March 2011 2. Justice William H. Price Jr. March 2011 3. Justice Louisa P. Evans March 2011 Southold Town Meeting Agenda - April 26, 2011 Page 2 o Program for the Disabled March 2011 II. PUBLIC NOTICES 1. Suffolk County Shellfish Aquaculture Lease Program Written Public Comment accepted by County prior to June 24, 2011 2. Liquor License Renewal Castello di Borghese LLC, 17150 County Rd 48, Cutchogue III. COMMUNICATIONS Letter Commending Highway Department IV. DISCUSSION 1. 9:00 A.M. - John Cushman Budget Update 2. 9:30 A.M. - John Cushman & Land Preservation Financial Status 3. 9:45 A.M. - John Cushman Debt Service Reverse Policy for CPF 4. 10:00 A.M. - John Cushman, Lloyd Reisenberg, Jamie Richter & Jim McMahon FEMA & Town Beaches 5. 10:15 A.M. - Jim McMahon Demolition of Buildings & Dock at Laurel Lake 6. 10:30 A.M. - Jim Bunchuck Municipal Paper Shredding 7. 10:45 A.M. - Lloyd Reisenberg TOS Disaster Recovery Plan 8. 11:00 A.M. - Jamie Richter & John Sepenoski 2011 MS4 SWMPP & Annual Report 9. Request for Use of Strawberry Fields Country Festival 10. Energy Policy 11. Calculation and Verification of Livable Floor Area Policy 12. Resignation from Landmarks Preservation Commission 13. Local Law/Carter Permits (public hearing 4/26/11) 14. Appointments to Land Preservation Committee 15. 12:00 P.M. - Executive Session - CANCELLED - MeHssa Spiro & Stephen Searl Proposed Real Property Acquisition, publicity of which would substantially affect the value thereof 16. Executive Session - Litigation - Nocro, Ltd & the Heritage at Cutchogue, LLC v. Town of Southold 17. Executive Session - Labor Matters Involving Employment of Particular Person/s 18. Executive Session - Contracts Southold Town Meeting Agenda - April 26, 2011 Page 3 19. Mattituck Park District LL/Amendments Chapters 277 and 280 SPECIAL PRESENTATION 4:30 Special Presentation Arbor Day Poster Contest Winners V. RESOLUTIONS 2011-333 CA TEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated April 26, 2011. Vote Record Resolution RES 2011 333 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] WithO'awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-334 CATEGORY: DEPARTMENT: Set Meeting Town Clerk Set Next Town Board Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held at 7:30 PM on Tuesday, May 10, 2011 atthe Southold Town Hall, Southold, New York Vote Record Resolution RES 2011 334 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] WithO'awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action Southold Town Meeting Agenda - April 26, 2011 Page 4 2011-335 CATEGORY: Employment - Town DEPARTMENT: Accounting Hire Robert Barry Pump Out Boat Operator RESOLVED that the Town Board of the Town of Southold hereby appoints Robert Barry to the seasonal position of Pumpout Boat Operator for the Trustees, effective May 20, 2011 through October 31, 2011, at a rate of $16.00 per hour. Vote Record Resolution RES 2011 335 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-336 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District Budget ~od for Volvo Loader Fiscal Impact: Needed to cover cost for multiple contractor site visits to diagnose and repair hydraulic leak. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2011 Solid Waste Management District budget as follows: From: SR 8160.4.100.552 Maintenance/Supplies Volvo Loader SR 8160.4.100.660 Paper Leaf Bags Totals To: SR 8160.4.400.651 Repairs Volvo Loader Totals $1,000 4,000 $5,000 $5,000 $5,000 Southold Town Meeting Agenda - April 26, 2011 Page 5 v' Vote Record Resolution RES 2011 336 [] Adopted [] Adopted as Panended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-337 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint Susan Pontino PT Clerk Typist RESOLVED that the Town Board of the Town of Southold hereby appoints Susan N. Pontino to the position of part-time Clerk Typist for the Building Department and Code Enforcement, effective April 27, 2011, at a rate of $13.25 per hour. Vote Record Resolution RES 2011 337 [] Adopted [] Adopted as Panended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ct~'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-338 CATEGORY: DEPARTMENT: Attend Seminar Police Dept Grant Permission to Chief Carlisle E. Cochran, dr., to Attend Annual New Fork State Chiefi' of Police Association, Inc., Training Conference in Lake Placid, NF RESOLVED that the Town Board of the Town of Southold hereby ~rants permission to Chief Carlisle E. Cochran, Jr., to attend the NFS Chiefs of Police Association, Inc., annual trainin~ conference commencin~ on Sunday, July 17 through Wednesday, July 20, 2011 in Lake Placid, New York. All expenses for registration, lodging and travel to be a legal charge to the 2011 Police Training budget line - A. 3120.4.600.200. Travel to be by department vehicle. Southold Town Meeting Agenda - April 26, 2011 Page 6 Vote Record Resolution RES 2011 338 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt CN'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-339 CATEGORY: DEPARTMENT: Attend Seminar Police Dept Request for Captain Flatley to Attend the FBl Yational Academy Associates 2011 Chapter Training Conference RESOLVED that the Town Board of the Town of Southold hereby grants permission to Captain Martin Flatle¥ to attend the FBI National Academy 2011 Chapter Training Conference in Tappan~ NY from July 15~ 2011 to July 18~ 2011. All expenses for registration, lodging and travel to be a legal charge to the 2011 Police Training Budget Line- A. 3120.4.600.200. Travel to be by department vehicle. Vote Record Resolution RES 2011 339 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supeiwisor's Appt CN'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-340 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Agreement Between the Town of Sou&old and &e Village of Greenport for &e Use of &e Village Marme Pump-Out Station RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Agreement between the Town of Southold and the Village of Greenport for the use of the Vffiage Marine Pump-Out Station in connection with the Trustees' pump-out boat for the period May 20, 2011 through October 31, 2011, subject to the approval of the Town Attorney. Southold Town Meeting Agenda - April 26, 2011 Page 7 Vote Record Resolution RES 2011 340 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-341 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Recreation Hire Summer Recreation Program Instructors Resolved that the Town Board of the Town of Southold authorize and direct Supervisor Scott A. Russell to execute an agreement with the following individuals and businesses for the summer 2011 recreation programs, all in accordance with the approval of the town attorney. Funding for the instructors listed below has been budgeted for in the recreation department's 2011 instructor line A7020.4.500.420. Lynda Agrusso (guitar) .............................................. $30/hour Christine Angel (youth ballet & jazz) ............................... $10/hour Lisa Baglivi (watercolor) ......................................... $30/hour Eugenia Cherouski (folk dancing) ......................................... $30/hour Lenora Dome (belly dancing) ................................................ $30/hour Martha Eagle (aerobics/Pilates/yoga/power stretching) ....... $30/hour Denise Gillies (tai chi) ............................................ $30/hour Rosemary Martilotta (yoga) ................................................... $55/class Judy McCleery (digital photography) ............................ $30/hour Kate McDowell (tennis) ........................................... $30/hour Thomas McGunnigle (golf) ........................................ $50/person Mallaigh Nolan (youth ballet & jazz) ............................... $10/hour Siobhan Nolan (youth ballet & jazz) ............................... $10/hour North Fork School for Dogs (dog obedience) ................... $70/person Theresa Pressler (youth arts & crafts program) .................. $30/hour R&C Agency Management Corporation (defensive driving)... $30/person Steve Smith (weight training) ................................................... $30/hour Barbara Terranova (hiking,) ......................................... $30/hour The Little Red Riding School (Horseback) ...................... $90/person Southold Town Meeting Agenda - April 26, 2011 Page 8 Vote Record Resolution RES 2011 341 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] WithO'awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt CN'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-342 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Directs Supervisor ScottA. Russell to Execute the Agreement Between the Town of Southold and the Suffolk County Office for &e Aging for Community Services for &e Elderly Residential Repair Program RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the A~reement between the Town of Southold and the Suffolk County Office for the A~in~ for community services for the Elderly Residential Repair Pro,ram for the period April 1, 2011 through March 31, 2012, subject to the approval of the Town Attorney. Vote Record Resolution RES 2011 342 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] WithO'awn Vincent Orlando [] [] [] [] [] Supeiwisor's Appt CN'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-343 CATEGORY: DEPARTMENT: Authorize to Bid Highway Department Authorize and Directs &e Town Clerk to Advertise for Farious Road Treatment Bids for the Calendar Year 2011 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for various road treatment bids for the calendar year 2011. Southold Town Meeting Agenda - April 26, 2011 Page 9 Vote Record Resolution RES 2011 343 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-344 CATEGORY: DEPARTMENT: Committee Appointment Town Clerk Appoint Norman "Sam"McCullough and Reappoints Lillian Ball, Eric Keil, and Raymond Huntington to the Land Preservation Committee RESOLVED the Town Board of the Town of Southold hereby appoints Norman "Sam" McCullou~h and reappoints Lffiian Balk Eric Keik and Raymond Huntington to the Land Preservation Committee for a 2 year term effective immediately through March 31, 2013. v' Vote Record Resolution RES 2011 344 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&awn Vincent Orlando [] [] [] [] [] Supeiwisor's Appt Ct~'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-345 CATEGORY: DEPARTMENT: Attend Seminar Town Clerk Grant Permission to Town Clerk Elizabeth Neville to Attend the 2011 New York State Town Clerks Association Conference at Buffalo, New York, on April 30 through May 4, 2011 RESOLVED the Town Board of the Town of Southold hereby grants permission to Town Clerk Elizabeth Neville to attend the 2011 New York State Town Clerks Association Conference at Buffalo, New York, on April 30 through May 4, 2011. All expenses for registration, travel, lodging and meals to be a legal charge to the 2011 Town Clerk whole town budget (meetings and seminars) A. 1410.4.600.200. Southold Town Meeting Agenda - April 26, 2011 Page 10 Vote Record Resolution RES 2011 345 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&'awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-346 CATEGORY: DEPARTMENT: Grants Public Works Laurel Lake Demolition of Structures Fiscal Impact: Removal of wooden dock, concrete block foundation and concrete block building, funded 100% by a grant from N75 Office of Parle, Recreation and Historic Preservation RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for a Request for the removal of the remains of a wooden dock and concrete block buildings at the Laurel Lake Preserve, in accordance with specifications, subject to approval of the Town Attorney. Vote Record Resolution RES 2011 346 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&'awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ct~'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-347 CA TEGORY: Policies DEPARTMENT: Accounting Enact a Debt Service Policy for 2011 for the Community Preservation Fund Enact a Debt Service Policy for 2011 for the Community Preservation Fund WHEREAS it is the policy of the Town of Southold to maintain prudent reserve amounts in its Operating Funds in order to have working capital and to fund debt service requirements, and appropriate reserve amounts in each Operating Fund vary due to differing cash flows, revenues, Southold Town Meeting Agenda - April 26, 2011 Page 11 expenses, and statutory considerations within each Operating Fund, and WHEREAS the Community Preservation Fund (CPF) Program is financed by a 2% tax on real property transfers town-wide pursuant to New York State Town Law Section 64-e and Tax Law Section 1449-33, and WHEREAS the CPF Program was established by a voter-approved local law adopted in 1998, and by subsequent voter-approved local laws, the sunset date was extended to the year 2030, and WHEREAS to extend purchasing power beyond the CPF monthly revenue levels received since 1998, the Town of Southold authorized bonded indebtedness totaling $32.5 million for open space and farmland preservation purposes, which includes unissued bonds totaling $10 million approved by Resolution No. 2007-252 of February 27, 2007 (original authorization $22.5 million, $7.5 million issued in 2008, $5 million issued in 2009), and WHEREAS the current debt service obligations projected for 2011 are $1.636 million, debt service obligations for unissued bonds totaling $10 million are estimated to be about $.78 million for a total annual debt service obligation estimated to be about $2.416 million, and, due to an economic downturn and volatility in the real estate market, CPF revenues for 2011 were budgeted to total $2.88 million, and WHEREAS the Town Board has determined that an adequate fund balance should be maintained in the CPF in order to meet the Town's obligations to repay the bonded indebtedness authorized to extend the purchasing power beyond the monthly CPF revenue levels from the CPF and to protect the General Fund Whole Town taxpayers from the volatility of CPF revenues during the current and subsequent year, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby directs Supervisor Scott Russell to set aside CPF monies equal to that portion of the budget remaining in the current year CPF appropriation for debt service to be used to pay the Town's obligations to make CPF related bonded indebtedness payments for the remainder of the current year, and be it further RESOLVED that the Town Board of the Town of Southold hereby directs Supervisor Scott Russell to set aside additional CPF monies equal to the estimated debt service requirements for CPF related bonded indebtedness, both issued and unissued, for next year, and be it further RESOLVED that the Town Board will review and reconsider this policy on an annual basis. Southold Town Meeting Agenda - April 26, 2011 Page 12 Vote Record Resolution RES 2011 347 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withdrawn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-348 CATEGORY: Local Law- Public Hearing DEPARTMENT: Town Attomey LL/~Vind Energy & ~1 ccessory ~lpartments WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 26th day of April, 2011, a Local Law entitled "A Local Law in relation to Amendments to Chapter 277, Wind Energy, and Chapter 280, Zoning, in connection with Small Wind Energy Systems and Accessory Apartments" and RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 24th day of May, 2011 at 4:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 277, Wind Energy, and Chapter 280, Zoning, in connection with Small Wind Energy Systems and Accessory Apartments" reads as follows: LOCAL LAW NO. 2011 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 277, Wind Energy, and Chapter 280, Zoning, in connection with Small Wind Energy Systems and Accessory Apartments". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town Board of the Town of Southold has reviewed the definition of small wind energy system in Chapter 277 and Chapter 280 and has determined that the kilowatt requirement is too restrictive and requires revision. Additionally, the Town Board is clarifying its intent in §280- 13(B)(13)(f) to allow for the conversion of an accessory structure in its entirety to an accessory apartment so long as the remaining criteria in §280-13(B)(13) are met. Southold Town Meeting Agenda - April 26, 2011 Page 13 II. Chapter 277 of the Code of the Town of Southold is hereby amended as follows: § 277-1. Def'mitions. SMALL WIND ENERGY SYSTEM -- A wind energy conversion system consisting of a wind turbine (not to exceed g5 125 kilowatts of production), a tower, and associated control or conversion electronics, which has a rated capacity intended primarily to reduce on-site consumption of utility power. III. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-4. Del'tuitions. SMALL WIND ENERGY SYSTEM -- A wind energy conversion system consisting of a wind turbine (not to exceed g5 125 kilowatts of production), a tower, and associated control or conversion electronics, which has a rated capacity intended primarily to reduce on-site consumption of utility power. [Added 7-17-2007 by L.L. No. 15-2007] §280-13. Use regulations. [Amended 3-14-1989 by L.L. No. 3-1989] In A-C, R-80, R-120, R-200 and R-400 Districts, 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: Uses permitted by special exception by the Board of Appeals. The following uses are permitted as special exception by the Board of Appeals, as hereinafter provided, and, except for the uses set forth in Subsections B(1, 13, & 14) hereof, are subject to site plan approval by the Planning Board: [Amended 12-21-1993 by L.L. No. 27-1993] (13) One accessory apartment in a lawfully existing detached accessory garage, barn or storage building, subject to the following requirements: The accessory structure which is converted, in whole or in part, to permit an accessory apartment shall be in existence and be eligible for or have a valid certificate of occupancy issued prior to January 1, 2008. IV. 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. V. EFFECTIVE DATE Southold Town Meeting Agenda - April 26, 2011 Page 14 This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. v' Vote Record Resolution RES 2011 348 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-349 CATEGORY: DEPARTMENT: Legislation Town Attorney LL/Wind Energy & A cc. Apts. to $CPC & PB RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to forward the proposed Local Law entitled "A Local Law in relation to Amendments to Chapter 277~ Wind Ener~y~ and Chapter 280~ Zonin~ in connection with Small Wind Energy Systems and Accessory Apartments" to the Suffolk County Plannin~ Commission and the Southold Town Plannin~ Board for their review and recommendation. Vote Record Resolution RES 2011 349 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-350 CATEGORY: DEPARTMENT: Policies Land Preservation AdoptAgPDD Policy RESOLVED that pursuant to Chapter 280-176 of Article XXX, Agricultural Planned Development District (AgPDD) of the Town Code, the Town Board of the Town of Southold hereby sets the annual price to be paid by the Town for AgPDD development rights sales at $60,500 per true acre. Southold Town Meeting Agenda - April 26, 2011 Page 15 BE IT FURTHER RESOLVED that the annual purchase price shall be valid for up to a year from the date of adoption, and that such purchase price may be amended during the annual time period upon recommendation by the Land Preservation Committee and adoption of same by the Town Board. BE IT FURTHER RESOLVED that the Town Board of the Town of Southold hereby adopts the Policy for the Agricultural Planned Development District (AgPDD) Section 280-176 (Price for Development Rights) dated April 26, 2011, effective immediately. Vote Record Resolution RES 2011 350 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-351 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk North Fork Country Club Member/Guest Tournament Fiscal Impact: Police cost for event - $633.18 RESOLVED that the Town Board of the Town of Southold hereby ~rants permission to the North Fork Country Club's Annual Golf Tournament in Cutcho~ue for a limited closure of Moore's Lane~ from the Main Road to the southerly line of the "Country Club Estates" subdivisiom total closure from that southerly point south to the northern line of the William Tyree land parcel~ and limited closure from that point south to the intersection of Moores Lane and New Suffolk Avenue (closures would permit access to residents of Moores Lane and "Country Club Estates")~ on Friday~ July 15~ 2011 from 7:00 AM to 6:00 PM and Saturday~ July 16~ 2011 from 7:00 AM to 3:00 PM provided they file with the Town Clerk a $100 fee, a $250 Clean-up Deposit, a remuneration fee for police coverage of $633.18 and a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and notify Capt. Flatley immediately upon the approval of this resolution to coordinate traffic control. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. Southold Town Meeting Agenda - April 26, 2011 Page 16 Vote Record Resolution RES 2011 351 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-352 CATEGORY: DEPARTMENT: Misc. Public Hearing Town Attorney M$4 SWAJPP & Annual Report PH 5/10/11 WHEREAS, the Town of Southold Stormwater Management Plan & Regulations are intended to satisfy the regulatory requirements for mandatory MS4 communities and result in the issuance of a General Permit for the Town's stormwater discharges and represents an agreement by the Town and its respective departments to work together in reducing pollutants to our shared watersheds and waterbodies; and WHEREAS, as a part of its Stormwater Management Plan & Regulations, the Town of Southold will perform annual evaluations of their programs, including status of activities proposed and completed, program compliance, the appropriateness of identified management practices, progress towards achieving identified goals, and other program information; and WHEREAS, prior to submittal to the State Stormwater Management Program Office, the Annual Stormwater Management Status Report must be presented at a public forum and the public afforded the capability of offering comments; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby sets May l0t 2011 at 7:39 p.m. at Southold Town Hall~ 53095 Main Road~ Southold~ as the time and place to hold a public information hearin~ to allow the public to ask questions and make comments on the draft Annual SPDES Phase 2 Status Report Regarding the Town of Southold Stormwater Management Plan. A complete copy of the draft Annual Stormwater Management Plan Status Report will be available at the Southold Town Clerk's Office during normal business hours and will also be available on the Town's website: southoldtown.northfork.net. Seven (7) days will be provided for written comment after the close of the public hearing. Southold Town Meeting Agenda - April 26, 2011 Page 17 Vote Record Resolution RES 2011 352 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&'awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-353 CA TEGORY: Policies DEPARTMENT: Town Attomey Calculation & Ferification of Livable Floor Area Policy RESOLVED that the Town Board of the Town of Southold hereby adopts the followin~ Policy: CALCULATION AND VERIFICATION OF LIVABLE FLOOR AREA POLICY In 2010, the Town Board adopted a Local Law entitled "A Local Law in relation to Amendments to Use Regulations within the Agricultural Conservation (A-C) District and Low Density Residential R-40, R-80, R-120, R-200, and R-400 Districts and Accessory Apartments", which permits accessory apartments in accessory structures, subject to special permit approval by the Zoning Board of Appeals. One of the special permit criteria requires a proposal for an accessory apartment in an accessory structure to be "no less than 450 square feet and shall not exceed 750 square feet of livable floor area" (§280-13(B)(13)(f)). Special permit applications to the Zoning Board of Appeals do not require review by Building Department prior to the submission of an application. However, there may be instances where the Building Department review is required to verify the proposed square footage of an accessory apartment. The Town Board hereby directs the Building Department to verify livable floor area in all special permit applications submitted to the Zoning Board of Appeals within 14 days of receipt of the application from the ZBA Office. Vote Record Resolution RES 2011 353 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&'awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ct~'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action Southold Town Meeting Agenda - April 26, 2011 Page 18 2011-354 CATEGORY: Budget Modification DEPARTMENT: Accounting Modify 2011 Budget to Appropriate FEgJA/SEgJO Aid Fiscal Impact: Appropriate FFgJ~I and SEgJO aid and Town match for storm damage at Town Beach, lCenny's Beach, McCabe's Beach, and Soundview A ye. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2011 budget as follows: General Fund Whole Town Appropriations: From: A. 1990.4.100.100 Unallocated Contingencies $15,227 To: A. 1620.4.400.250 Storm Damage/Beach Restoration $281,395 Revenues: Increase: A. 3960.10 SEMO Aid, General Government $38,024 A. 4960.10 FEMA Aid, General Government 228,144 Highway Fund Part Town Appropriations From: DB.5110.4.100.900 To: DB.5110.4.400.250 Resurfhcing Projects Storm Damage/Road Stabilization $14,532 $164,200 Revenues: Increase: DB.3960.50 SEMO Aid, Transportation $21,381 DB.4960.50 FEMA Aid, Transportation 128,287 Vote Record Resolution RES 2011 354 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action Southold Town Meeting Agenda - April 26, 2011 Page 19 2011-355 CATEGORY: DEPARTMENT: Committee Appointment Town Attorney Establish FISD Advisory Committee & Appomt Members RESOLVED that the Town Board of the Town of Southold hereby establishes the Fishers Island Sewer District Advisory Committee for the purpose of facilitatin~ communications and fosterin~ ideas to better manage the District in both the day-to-day and lone-term operations of the system, in accordance with current Town regulations, and to make recommendations to the Town Board and the Commissioners of the District re~ardin~ same; and be it further RESOLVED that said Committee will consist of up to seven members and the followin~ members shall serve on said Committee, effective May 1, 2011: Town Council Member Louisa Evans Gordon S. Murphy Michael Roberts R. Dixon H. Harvey, Jr. Town Engineer Vote Record Resolution RES 2011 355 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ct~'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-356 CATEGORY: DEPARTMENT: Litigation Town Attorney Retains Frank A. Is/er, Esq. as Special Counsel in the Supreme Court, Suffolk County Civil Action Entitled "DavidAir, EtAl. I4 Board of Trustees of the Town of Southold and Orient II/barf Company" Under Index No. 10-45202 RESOLVED that the Town Board of the Town of Southold hereby retains Frank A. Isler, Esq. as Special Counsel in the Supreme Court, Suffolk County civil action entitled "David Air, et al. v. Board of Trustees of the Town of Southold and Orient Wharf Company" under Index No. 10-45202. Southold Town Meeting Agenda - April 26, 2011 Page 20 Vote Record Resolution RES 2011 356 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-357 CATEGORY: DEPARTMENT: Seqra Town Attorney LL/CarterPermi~SEQRA RESOLVED that the Town Board of the Town of Southold hereby finds that the adoption of the local law entitled "A Local Law in relation to Amendments to Chapter 233, Solid Waste, to Clarify Re~uiations Pertainin~ to the Disposal of Solid Waste and Recvclables and Implement the Requirement of a Carters Permit" 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 RES 2011 357 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hg~vys Appt [] No Action 2011-358 CATEGORY: DEPARTMENT: Enact Local Law Town Clerk Enact LL 4 of2011 - Solid Waste & Carter Permits WHEREAS, there had been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 29th day of March, 2011, a Local Law entitled "A Local Law in relation to Amendments to Chapter 233, Solid Waste, to Clarify Re~uiations Pertainin~ to the Disposal of Solid Waste and Recyclables and Implement the Requirement of a Carters Permit. Southold Town Meeting Agenda - April 26, 2011 Page 21 WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 26th day of April, 2011 at 4:32 p.m. at which time all interested persons were given an opportunity to be heard. RESOLVED the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 233~ Solid Waste~ to Clarify Re~uiations Pertainin~ to the Disposal of Solid Waste and Reevelables and Implement the Requirement of a Carters Permit" which reads as follows: LOCAL LAW NO. 4 of 2011 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 233~ Solid Waste~ to Clarify Re~uiations Pertainin~ to the Disposal of Solid Waste and Recyclables and Implement the Requirement of a Carters Permit". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The safe and proper disposal of the solid wastes generated by the people of the Town of Southold and adherence to the mandates of the Town's Solid Waste Management Plan with respect to collection and disposal of solid waste and recyclables has been and remains a matter of serious public concern. The purpose of this local law is to clarify regulations and permitting requirements. II. Chapter 233 of the Code of the Town of Southold is hereby amended as follows: §233-1. Definitions. REFUSE HAULER/CARTER Any individual, association, partnership, firm, corporation, not- for-profit organization, or any other person so deemed by the Town to be engaged in the business of collection, pickup, transfer, removal and/or disposal of Solid Waste and/or Rec¥clables. §233-3. Town Transfer Station. A. Use of Town Transfer Station. No person shall deposit or cause to be deposited in or on any transfer station maintained by a waste district in the Town of Southold any waste of any kind except under the direction of the attendant in charge, whether such direction is given personally or by another person by his authority or by a sign or signs erected at the transfer station by the authority of the Town Board ^~ ~"~ ~* Southold Town Meeting Agenda - April 26, 2011 Page 22 Southold Town Meeting Agenda - April 26, 2011 Page 23 /k\ T+ ~,1~11 b 1~ Pa! far an5 i ! catab!iahmcra tc p!a:c cut far The Town may re~se to accept any ~ garbage, re~se, rubbish or other material that does not have its origin within the Town of Southold a~a!! 5c deposited or disposed of in +~ ~ ~ ..... + ..... c~ ~,+~+:~- at any time No vehicle shall be permi~ed to transpo~ re~se into the Town's Transfer Station any ................................. : .... Town cf Scut~c!d unless such vehicle displays a valid pe~it or the operator pays the applicable single-entry fee, except that vehicles owned and operated by any of the following entitled shall be permi~ed to transpo~ re~se into provided that at least one valid permit and/or license has been issued to the pa~icular entity: the State of New York, the County of Suffolk, the Village of ~eenpo~ and fire districts, school districts and park districts located within the Town of Southold. The a~endant at the transfer station is authorized to prohibit the disposal of discarded motor vehicles and/or discarded ~el ta~s having a capacity in excess of 550 gallons at the transfer station. ~1 municipal recyclables must be deposited in the appropriate location of the transfer station owned by the Town of Southold. §233-3A. Disposal and Collection of Solid Waste and Recvclables. All solid waste and recyclables generated within the Town of Southold shall be collected and/or disposed of in the following manner: (1) Residential self-haulers and commercial self-haulers. (a) No cans, corrugated cardboard, glass, plastic or newspaper as defined herein shall be deposited at the Town's Transfer Station unless separated from any and all solid waste, trash, rubbish and vegetative yard waste. They are to be deposited only at designated areas within such Town disposal area. (b) Nonrecyclable waste. [1] Residential self-haulers. Nonrecyclable waste generated by Southold Town Meeting Agenda - April 26, 2011 Page 24 (2) (3) residential self-haulers shall be disposed of only in a Town garbage bag as defined herein and deposited only at designated areas within the Town's Transfer Station. [21 Commercial self-haulers. Nonrecyclable waste generated by commercial self-haulers may be either: [a1 Disposed of in a Town garbage bag and deposited at designated areas within the Town's Transfer Station; or [bi Disposed of at the designated areas within the Town's Transfer Station upon paying the appropriate charge as set by Town Board resolution for the weight ofnonrecyclable waste deposited. Private residential refuse haulers/carters. (a) The owners or occupants of all residences within the Town which utilize collection services provided by persons licensed to collect refuse pursuant to the provisions of this article shall place recyclables in separate containers at curbside for collection on such day or days as the licensee serving such residence shall designate. (b) It shall be unlawful for any person to place out for collection any container in which refuse is mixed with recvclables. (c) It shall be unlawful for any person to collect refuse from a residence which is mixed with recyclables or thereafter to commingle different types ofrecyclables or to mix recyclables with refuse. (d) Recyclables collected by private residential refuse haulers/carters and transported to the transfer station shall be deposited in areas designated by appropriate landfill personnel. (e) Nonrecyclable waste. [11 The owners or occupants of all residences within the Town which utilize collection services provided by persons licensed to collect refuse pursuant to the provisions of this article shall place nonrecyclable waste in Town garbage bags for collection on such day or days as the licensee serving such residents shall designate. [2] It shall be unlawful for any person to place out for collection any nonrecyclable waste which is not in a Town garbage bag. It shall be unlawful for any person to collect nonrecyclable waste from a residence which is not in a Town garbage bag. [3] Nonrecyclable waste in Town garbage bags collected by private residential refuse haulers/carters and transported to the transfer station shall be deposited only in areas designated by appropriate landfill personnel. [41 The above requirements shall not apply to residences located within the Fishers Island Waste Management District. Private commercial refuse haulers/carters. (a) The owners or occupants of all commercial establishments within the Town which utilize collection services provided by a refuse hauler/carter shall place recyclables in separate containers at curbside for collection on Southold Town Meeting Agenda - April 26, 2011 Page 25 such day or days as the licensee servin~ such business shall designate. (b) It shall be unlawful for any commercial establishment to place out for collection any container in which refuse is mixed with recvclables. (c) It shall be unlawful for any commercial establishment to place out for collection any container in which one type ofrecyclable is mixed with any other type or types ofrecyclables. (d) It shall be unlawful for any private commercial refuse hauler/carter to collect refuse from any commercial establishment which is mixed with recyclables or thereafter to commingle different types ofrecyclables or to mix recyclables with refuse. (e) Recyclables collected by private commercial refuse haulers/carters and transported to the transfer station shall be deposited in areas designated by appropriate personnel. Commercial Waste Permit Requirements. (a) With the exception of those operating within the Fishers Island Waste Management District, no refuse hauler or carter or a~ent thereof shall collect, transport or dispose of Solid Waste and/or Recyclables generated within the Town without obtaining a Carter's Permit issued by the Town Clerk. (b) All applications for Carter Permits shall be in writing and shall contain such information as requested by the Town, but at a minimum, such applications shall include a list of all vehicles (including vehicle license numbers the applicant intends to utilize for the collection of Solid Waste and/or Recyclables in the (c) (d) (e) Town). The list shall also describe the cubic yard capacity for each vehicle. All Carter Permit information shall be verified by the applicant as required by this local law and the Town. Upon receipt of a complete application, the Town Clerk shall refer the application to the Solid Waste District and the Zoning Inspector for a determination of whether any violations of the law exist. The Town Clerk shall issue the applicant a Carter Permit so long as the applicant is deemed by the Solid Waste District and Zoning Inspector to be in compliance with this local law and all applicable County and State regulations. Renewal of Carter Permits shall be in the same manner and subiect to the same conditions as original Carter Permits, and also shall be subiect to any additional requirements in effect at the time of application for renewal as specified by the Town. Whenever satisfhctory proof, such as by means of an affidavit, is submitted to the Town Clerk that a Carter Permit issued for the purpose set forth in this local law has been lost or destroyed, the Town Clerk shall, upon payment of five dollars ($5.00) by the applicant, issue a new Carter Permit. No Carter Permit issued pursuant to the provisions of this local law shall be transferable. The Carter Permit holder hereunder shall, upon request, furnish the Town with a list detailin~ the number of residences, commercial establishments or other generators of Solid Waste and/or Recyclables located in the Town and serviced by the applicant and the intended location that said Solid Waste and/or Recyclables shall be deposited by the carter. This list shall be prepared at a level of detail Southold Town Meeting Agenda - April 26, 2011 Page 26 (g) (h) (i) (J) (k) satisfhctor¥ to the Se, lid Waste District Town Clerk and shall be updated by the Carter Permit holder at the request of the Town, but not more often than ever,/ three months. The Town, pursuant to §233-8 of this local law, shall have the power to impose a civil penalty or suspend or revoke a Carter Permit granted or renewed pursuant to this local law for any violation of any provision of this local law or any applicable rule, regulations, code or ordinance relating to the collection, handling, hauling or disposal of Solid Waste and/or Rec¥clables. All collection, transportation and/or disposal of Solid Waste and/or Rec¥clables shall be in strict conformance with the rules and regulations prescribed in this local law and as such rules and regulations may hereafter be amended or supplemented by the Town Board. All vehicles used in the collection, transportation and/or disposal of Solid Waste and/or Rec¥clables shall be maintained in a sanitary condition and shall be constructed as to prevent leakage in transit. The body of the vehicle shall be wholly enclosed or shall at all times be kept covered with an adequate cover. The name of the Carter shall be readily visible on all vehicles, and on all containers utilized for the collection of Solid Waste and/or Recvclables generated within the Town. Any Carter Permit issued pursuant to this local law shall be in the nature of a privilege subject to the terms and conditions set forth in this local law and as amended or supplemented by the Town, and shall not be deemed to create a property interest with respect to the Carter Permit in the holder. All Carter Permit requirements specified herein, including, but not limited to, Carter Permit fees may be amended or adjusted from time to time by resolution of the Town Board. 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. Southold Town Meeting Agenda - April 26, 2011 Page 27 Vote Record Resolution RES 2011 358 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] WithO'awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-359 CATEGORY: DEPARTMENT: Property Acquisition Purchase Land Preservation Edson Elect to Purchase Der Rights & SEQRA 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 parcels of properties owned by Lewis L. Edson on the 26th day of April, 2011, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said properties are identified as parts of SCTM #1000-102.-2-16 and #1000-102.- 2-6.6. The addresses are 30105 Main Road (NYS Route 25) and 740 Depot Lane, respectively, in Cutchogue, New York. The parcels are adjacent lots and when combined are situated on the northerly side of Main Road (NYS Route 25) directly across NYS Route 25 from the entrance to Pequash Avenue. SCTM #1000-102.-6-16 is located within two zoning districts with 25.1± acres being within the R-80 zoning district and 0.04± acre being within the R-40 zoning district. SCTM #1000-102.-2-6.6 is located entirely within the R-80 zoning district; and WHEREAS, the development rights easement comprises a part of the properties, located within the R-80 zoning district, consisting of approximately 22.79± acres (subject to survey) of the 27.79± combined parcels' total acreage. 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, the easement will be acquired using Community Preservation Funds. The purchase price is $60,000 (sixty thousand dollars) per buildable acre for the 22.79± acre easement plus acquisition costs; and WHEREAS, the properties are listed on the Town's Community Preservation Project Plan as properties that should be preserved due to their agricultural values; 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 Southold Town Meeting Agenda - April 26, 2011 Page 28 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; and, WHEREAS, the Town Board of the Town of Southold classifies this action as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; and, WHEREAS, the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and, WHEREAS, the Town Board of the Town of Southold accepted the Short Environmental Form for this project that is attached hereto; now, therefore, be it 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; and, be it further RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a development rights easement on agricultural land owned by Lewis L. Edson, identified as parts of SCTM #1000-102.-2-16 and #1000-102.-2-6.6. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the LWRP and the Town Board has determined that this action is consistent with the LWRP. Vote Record Resolution RES 2011 359 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action VI. PUBLIC HEARINGS Motion To: Motion to recess to Public Hearing RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed in order to hold a public hearing. Southold Town Meeting Agenda - April 26, 2011 Page 29 LL/Carter Permits Edson Set Public Hearing Dev Rights Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjoumed at P.M. Elizabeth A~ Neville Southold Town Clerk