Loading...
HomeMy WebLinkAboutAG-08/14/2012ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631 ) 765 - 1800 www. southoldt own.northfork.net Final AGENDA SOUTHOLD TOWN BOARD August 14, 2012 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 August 14, 2012 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Present Absent Late Arrived Councilman William Ruland [] [] [] Councilman Christopher Talbot [] [] [] Councilwoman Jill Doherty [] [] [] Councilman Albert Krupski Jr. [] [] [] Justice Louisa P. Evans [] [] [] Southold Town Meeting Agenda - August 14, 2012 Page 2 [ Supervisor Scott Russell [] [] [] I I. REPORTS 1. Town Clerk's Monthly Report July 2012 2. Town Clerk 2Nd Quarter Report 2012 3. Town Clerk 1 St Half Report 2012 4. Island Group - Claim Lag Report 8/1/11-7/31/2012 5. Judge Bruer Monthly Report July 2012 6. Special Projects Coordinator July 2012 7. Zoning Board of Appeals Monthly Report July 2012 8. Program for the Disabled Monthly Report July 2012 9. Recreation Department Monthly Report June 2012 []July 2012 10. Department of Public Works July 2012 11. Board of Town Trustees July 2012 II. PUBLIC NOTICES IlL COMMUNICATIONS Southold Town Meeting Agenda - August 14, 2012 Page 3 IV. DISCUSSION 1. 9:00 A.M. - Phimp Beltz, Heather Lanza, Mark Terry, Karen McLaughlin Revisions to the Human Resource Chapter 2. 9:15 A.M. - Laura Klahre Approving the RFP "Demolition of Manor Grove Property" for going to bid and Approving the RFP for "Phragmites australis Eradication at Sound View Dunes Park" for going to bid 3. 9:30 Am - Michael Collins, John Sepenoski, Jamie Richter Sample presentation for the DEC meeting 4. 10:00 Am - Legislator Edward Romaine Tick Borne Disease Task Force 5. 10:30 Am - Charles Manwaring Temporary trailer permit for Southold Fish Market 6. Request from East Marion Fire Department for the Installation of a Firewell on Cedar Drive 7. LL/Amendments to Chapter 117 (To be Set for PH) 8. LL/Parking on Sound Avenue, Mattituck (To be Set for PH) 9. LL/Amendments to Chapter 111 (To be Set for PH) 10. EXECUTIVE SESSION- Labor Matters involving employment of particular person(s) 11. EXECUTIVE SESSION- Litigation Eugene L. Daneri v. ZBA, et al [~Robert G. Bombara, et al v. TOS [~Nocro, Ltd and the Heritage at Cutchogue, LLC v TOS [~TOS v. Go Green Sanitation Inc, et al 12. 10:45 Am - Chief Martin Flatley New vehicle purchase V. RESOLUTIONS 2012-618 Southold Town Meeting Agenda - August 14, 2012 Page 4 CA TEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated m~ust 14~ 2012. ff Vo~e Record Resolution RES 2012 618 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hgwys Appt Scott Russell [] [] [] [] [] No Action 2012-619 CATEGORY: DEPARTMENT: Set Meeting Town Clerk Set Next Meeting 8/28/12 7.'30 Pm RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held~ Tuesday~ August 28~ 2012 at the Southold Town Hall~ Southold~ New York at 7:30 P. M.. Vote Re'c~rd Re;olution RES 2012 619 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hgwys Appt Scott Russell [] [] [] [] [] No Action 2012-620 Southold Town Meeting Agenda - August 14, 2012 Page 5 CATEGORY: DEPARTMENT: Budget Modification Accounting Budget Modification for Personal Services Fiscal Impact: Provide appropriation for payment of accrued leave time for Sandi Berlmer RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 General Fund Whole Town budget as follows: From: A. 1220.1.100.300 To: A. 1220.1.100.400 Supervisor, Vacation Earnings Total Supervisor, Sick Earnings Total $10,900 $10,900 $10,900 $10,900 Vote Record Resolution RES 2012 620 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hgwys Appt Scott Russell [] [] [] [] [] No Action 2012-621 CATEGORY: Authorize to Bid DEPARTMENT: Public Works Manor Grove Demolition RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the demolition and removal of buildings and miscellaneous debris located at 68775 Rome 25, Greenport, NY (SCTM#1000-53-1-1.2), as per the plans and specifications prepared by Michael Collins, P.E., Office of the Town Engineer, subject to the approval of the Town Attorney. Vote Record Resolution RES 2012 621 [] Adopted [] Adopted as Amended Southold Town Meeting Agenda - August 14, 2012 Page 6 [] Defeated William Ruland [] Tabled Ctn'istopher Talbot [] With&awn [] Supe~wisor's Appt Jill Doherty [] Tax Receiver's Appt Albert Krupski Jr. [] Rescinded Louisa P. Evans [] Town Clerk's Appt [] Supt Hgwys Appt Scott Russell [] No Action 2012-622 CA TEGORY: Organizational DEPARTMENT: Supervisor Secretary to the Supervisor SUPERVISOR'S APPOINTMENT Supervisor Scott A. Russell hereby appoints Lauren Standish Secretary to the Supervisor effective August 13, 2012 through December 31, 2012. Vote Record Resolution RES 2012 622 [] Adopted [] Adopted as Panended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] With&awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hgwys Appt Scott Russell [] [] [] [] [] No Action 2012-623 CA TE GORY: Equipment DEPARTMENT: Town Clerk Donation to Town RESOLVED that the Town Board of the Town of Southold hereby accepts the donation of a Motorola model# CDM-1250 UHF hi-band fire radio from Neal Raymond of Shelter Island to be Southold Town Meeting Agenda - August 14, 2012 Page 7 used by the Southold Town Emergency Management office all in accordance with the Town Attorney. Vote Record Resolution RES 2012 623 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled ~ [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded ~-- Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hg~vys Appt Scott Russell [] [] [] [] [] No Action 2012-624 CATEGORY: DEPARTMENT: Budget Modification Solid Waste Management District $I4/MD Budget Modifications Fiscal Impact: New brushes for screening plant; steel cutting edge for CAT 966. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 Solid Waste Management District budget as follows: From: SR 8160.4.100.615 (Maim/Supply 816B Compactor) SR 8160.4.400.680 (Trailer Fleet Repairs) SR 8160.4.400.681 (Kenworth Tractor Repairs) SR 8160.4.400.685 (Repairs-Chevy P/U) SR 8160.4.400.655 (Repairs-CAT 966 Loader) SR 8160.4.400.850 (Refrigerant Removal) TOTAL: $ 250 $ 500 $ 250 $ 400 $ 700 $ 400 $ 2,500 To: SR 8160.4.100.573 (Maim/Supply Trommel Screen) $1,400 SR 8160.4.100.551 (Maint/Supply CAT 966 Loader) $ lA00 TOTAL: $ 2,500 Vote Record Resolution RES 2012 624 [] Adopted [] Adopted as Amended __ Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled Ct~'istopher Talbot [] [] [] [] [] Withch-awn Southold Town Meeting Agenda - August 14, 2012 Page 8 [] Supe~wisor's Appt Jill Doherty [] Tax Receiver's Appt Albert Krupski Jr. [] Rescinded [] Town Clerk's Appt Louisa P. Evans [] Supt Hgwys Appt Scott Russell [] No Action 2012-625 CATEGORY: DEPARTMENT: Attend Seminar Accounting Turf Seminar - DPI/V RESOLVED that the Town Board of the Town of Southold hereby ~rants permission to Deputy Town Comptroller Connie Solomon to attend a seminar entitled~ "Fundamentals of Cash Management in the Public Sector" at the Riverhead Town HalL Riverhead N Y on August 22~ 2012. The fee for this seminar is $95.00 which is chargeable to A. 1310.4.600.200 (meetings & Seminars). Vote Record Resolution RES 2012 625 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] Withch-awn CN'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hgwys Appt Scott Russell [] [] [] [] [] No Action 2012-626 CATEGORY: DEPARTMENT: Budget Modification Highway Department 2012 Budget Modification - Highway Fiscal Impact: The reason for &is budget line item change is due to the fact &at &e Equipment Parts/Supplies line needs to be increased due to &e planned purchase ora Line Striper. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 Highway Southold Town Meeting Agenda - August 14, 2012 Page 9 Fund Part Town budget as follows: From: DB.5142.4.100.935 Snow Removal Contractual Expense Supplies & Materials Rock Salt To: DB.5110.4.100.550 General Repairs Contractual Expense Supplies & Materials Equipment Parts/Supplies $ 5,000.00 TOTAL: $ 5,000.00 $ 5,000.00 TOTAL: $ 5,000.00 Vote Record Resolution RES 2012 626 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] With&awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hg~vys Appt Scott Russell [] [] [] [] [] No Action 2012-627 CATEGORY: DEPARTMENT: Equipment Highway Department Purchase Line Stripper - State Contract RESOLVED that the Town Board of the Town of Southold hereby approves the purchase by the Superintendent of Highways of one (1) line striper from the Suffolk County (DPW) Contract #PLS-053013 as follows: One (1) new Graco 248863 LineLazer IV 3900 portable two-~un paint striper, for the purchase price of $5,190.00, and that the appropriation line to be charged will be DB.5110.4.100.550. ~VoteRecord Resolution RES 2012 627 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent William Ruland [] [] [] [] Southold Town Meeting Agenda - August 14, 2012 Page 10 [] Tabled Ctn'istopher Talbot [] Withch-awn Jill Doherty [] Supe~wisor's Appt [] Tax Receiver's Appt Albert Krupski Jr. [] Rescinded Louisa P. Evans [] Town Clerk's Appt Scott Russell [] Supt Hgwys Appt [] No Action 2012-628 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk Cutchogue New Suffolk Historical Society Antique Car Show Fiscal Impact: Police Department cost for this event $131.68 RESOLVED that the Town Board of the Town of Southold hereby ~rants permission for the closure of Case's Lane from Fairway Drive to the Main Road, for the "Back in Time before '49" Antique Car Show on the Cutcho~ue Village Green, on Saturday, October 20, 2012, (r/d Oct 21) from 9:00 AM to 4:00 PM provided they: 1. They file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured; 2. Coordinate traffic control upon notification of the adoption of this resolution with Captain Kruszeski 3. No objects of any kind shall be thrown to event spectators 4. No permanent markings be placed on town, county or state roads or property for the event; 5. Any road markings or signs for the event be removed within twenty-four (24) hours of the completion of the event. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. All fees associated with this event have been waived. Vote Record Resolution RES 2012 628 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland [] [] [] [] [] Defeated Ctn'istopher Talbot [] [] [] [] [] Withch-awn Jill Doherty [] [] [] [] [] Supe~wisor's Appt Albert Krupski Jr. [] [] [] [] [] Tax Receiver's Appt ~ Louisa P. Evans [] [] [] [] [] Rescinded [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt Southold Town Meeting Agenda - August 14, 2012 Page 11 [] No Action 2012-629 CATEGORY: DEPARTMENT: Employment - FWD Accounting Employment Seasonal Part Time Purser RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the following resolution of the Fisher Island Ferry District adopted August 7, 2012: RESOLVED, that, effective June 6, 2012, the District appoints Stephanie Jaworowicz as a seasonal part-time purser. RESOLVED, that, effective June 7, 2012 at 23:59 p.m., the District terminates the employment of Stephanie Jaworowicz as a seasonal part-time purser. Vote Record Resolution RES 2012 629 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] With&'awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hgwys Appt Scott Russell [] [] [] [] [] No Action 2012-630 CATEGORY: DEPARTMENT: Budget Modification Accounting Budget Modification-Highway Debt Service Fiscal Impact: Provide additional appropriation for Bond Anticipation ~Vote prmcipal redemption RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 Highway Fund Part Town budget as follows: From: Southold Town Meeting Agenda - August 14, 2012 Page 12 DB.9710.7.000.000 Serial Bond Interest Total To: DB.9730.6.000.000 BAN Principal Total $1,000 $1,000 $1,000 $1,000 Vote Record Resolution RES 2012 630 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hg~vys Appt Scott Russell [] [] [] [] [] No Action 2012-631 CA TEGORY: Policies DEPARTMENT: Accounting Procedures for Bonding Post-Issuance Compliance WHEREAS Municipalities that borrow money on a tax-exempt basis are now required to report to the Internal Revenue Service whether they have established written procedures to comply with applicable requirements of federal tax law for all issues of bonds, bond anticipation notes, tax anticipation notes, revenue anticipation notes, financing leases, energy performance contract financings, and any other instruments evidencing the borrowing of money (collectively the "Obligations"), and WHEREAS said procedures will assist the Town of Southold in meeting the post-issuance requirements of federal tax law necessary to preserve the tax-exempt status of interest on tax- exempt Obligations issued by the Town, now therefore be it RESOLVED that Town Board of the Town of Southold hereby adopts the Procedures for Post- issuance Compliance with Federal Tax Law dated August 14, 2012. Vote Record Resolution RES 2012 631 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland [] [] [] [] [] Defeated ~ [] Tabled Ct~'istopher Talbot [] [] [] [] [] Withch-awn Jill Dohert~ [] [] [] [] Southold Town Meeting Agenda - August 14, 2012 Page 13 [] Supe~wisor's Appt Albert Krupski Jr. [] Tax Receiver's Appt Louisa P. Evans [] Rescinded [] Town Clerk's Appt Scott Russell [] Supt Hgwys Appt [] No Action 2012-632 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Land Preservation B ittner Preserve Grant Extension #C006877 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Modification Agreement Form between the Town of Southold and the New York State Department of State in connection with a no-cost time extension extending the term of the Contract #C006877 The Bittner Preserve Improvement Project to December 31, 2012, subject to the approval of the Town Attorney. Vote Record Resolution RES 2012 632 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] With&awn CN'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hgwys Appt Scott Russell [] [] [] [] [] No Action 2012-633 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Execute &e Agreement Between &e Town of Sou&old and the Suffolk County Office for &e Aging 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 Suffolk County Office for the Aging for the Town to receive funding under the AAA Transportation Program, IFMS No. 0000000 No. 001-6806-4980-95285, for the period April Southold Town Meeting Agenda - August 14, 2012 Page 14 1, 2012 through March 31, 2013 (with one extension at the County's option), subject to the approval of the Town Attorney. Vote Record Resolution RES 2012 633 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] WithO'awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hg~vys Appt Scott Russell [] [] [] [] [] No Action 2012-634 CATEGORY: DEPARTMENT: Litigation Town Attorney Retain Frank lsler as Special Counsel/Go Green Litigation 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 "Town of Southold v. Go Green Sanitation Inc, et al." under Index No. 12-20159. Vote Record Resolution RES 2012 634 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] WithO'awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hgwys Appt Scott Russell [] [] [] [] [] No Action 2012-635 CATEGORY: DEPARTMENT: Public Service Town Attorney Southold Town Meeting Agenda - August 14, 2012 Page 15 Unsafe Building/Hoffman WHEREAS, the Zoning Inspector of the Town of Southold inspected the property owned by Kyle and Carol Hoffman and located at 270 Illinois Avenue, Mattituck, SCTM #1000-113-11- 18.1 and prepared a written report of his findings in the form of a Notice dated June 28, 2012; and WHEREAS, the Zoning Inspector determined the structure and the property to be unsafe and unkempt due to inadequate maintenance, neglect, dilapidation and abandonment; and WHEREAS, said Notice was sent certified mail to the property owner; and WHEREAS, the Notice advised the property owner that the property must be made safe, and if the owner failed to comply, that a hearing would be held before the Southold Town Board on July 31, 2012 at 9:00 a.m.; and WHEREAS, the owner failed to make any remediation to the premises prior to said date; and WHEREAS, the Southold Town Board held a hearing pursuant to Chapter 100 of the Southold Town Code on July 31, 2012 at 9:00 a.m. The Southold Town Board heard testimony from Damon Rallis, Zoning Inspector, and reviewed documentary evidence, including notice sent to the property owner and photographs of the premises. The property owner did not appear and did not respond to any notices or communications from the Zoning Inspector; now, therefore, be it RESOLVED that, pursuant to the provisions of Chapter 100 of the Southold Town Code, the Town Board of the Town of Southold hereby determines that the premises located at 270 Illinois Avenue~ Mattitudk is unsafe and dangerous to the public in its current state; and it is further RESOLVED that the main structure be secured, and the overgrown lawn be cut back; and it is further RESOLVED that the Town will perform such work on the property to make the premises and structure safe, and assess all costs and expenses incurred by the Town in performing such work against the land on which said buildings are located. Vote Record Resolution RES 2012 635 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended __ [] Defeated William Ruland [] [] [] [] [] Tabled Ct~'istopher Talbot [] [] [] [] [] With&awn Jill Doherty [] [] [] [] [] Supe~wisor's Appt [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt ~ Scott Russell [] [] [] [] [] Supt Hgwys Appt ~ Southold Town Meeting Agenda - August 14, 2012 Page 16 [] No Action 2012-636 CATEGORY: DEPARTMENT: Local Law Public Hearing Town Attorney 9/11/12 PH @ 4:34 PM - LL/117Amendments WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, onthe 14th day of August, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 117, Development Rights, Transfer oh in connection with Sanitary Flow Credits" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 11th day of September, 2012 at 4:34 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 117, Development Rights, Transfer oh in connection with Sanitary Flow Credits" reads as follows: LOCAL LAW NO. 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 117, Development Rights, Transfer of, in connection with Sanitary Flow Credits". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 117 of the Code of the Town of Southold is hereby amended as follows: §117-1. Purpc, sc and &dent Title. This chapter shall be known as the "Transfer of Sanitary Flow Credits" §1174 2. Purpose and intent. As set forth in numerous comprehensive planning documents, the Town's goals include the preservation of open space, agricultural lands and recreational landscapes; preservation of the rural, cultural, and historic character of the hamlets and surrounding countryside; preservation of the natural environment and prevention of further deterioration of resources; preservation and promotion of a broad range of housing and business opportunities to support a Southold Town Meeting Agenda - August 14, 2012 Page 17 socioeconomically diverse community; and increased transportation efficiency. To achieve these goals it is the intent and purpose of this chapter to provide for the transfer of sanitary flow credits, if certain conditions are present, and thereby transfer development potential from areas designated for preservation to areas designated as more appropriate for higher-density residential development. Unless expressly permitted herein, the transfer of ~c¥c!c, pmcr~ pc, tcr~ia! may sanitary flow credits shall not occur in the Town of Southold. §117~ 3_. Del'tuitions. Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged (or latest edition). TRANSFER OF DEVEL©PMENT RIGHTS SANITARY FLOW CREDITS The process by which ~c¥c!c, pmcrX rigSXg sanitary flow credits are transferred from one lot, parcel, or area of land in any sending district to another lot, parcel, or area of land in one or more receiving districts. §117-34. Dcvclc, pmcnt P, ig?,g Bank Applicability and ~eneral prohibition. Applicability. Any and all sanitary flow credit transfers within the Town of Southold shall be in accordance with this chapter. General Prohibitions. 1. If not expressly permitted within this chapter, the transfer of sanitary flow credits is prohibited. 2. All transfers of sanitary flow credits from parcels located outside the Town of Southold boundaries are prohibited. 3. All transfers of sanitary flow credits from or to properties that are not recognized pursuant to .~280-9 of the Town Code or that do not contain sufficient "Buildable Land" area, as defined in §280-4 of the Town Code are prohibited. §117-3_5. Development Rights Bank. The Town hereby establishes a Trangfc~c~ Dc¥c!c, pmcrX RigSXg Sanitary Flow Credit Bank (TDR SFC Bank) in which ~c¥c!c, pmcrX rigSXg sanitary flow credits may be received, retained and sold by the Town Board in the best interests of the Town. All ~c¥c!c, pmcrX rigSXg sanitary flow credits transferred into the bank must first be accepted by Town Board resolution in accordance with the terms of this chapter. All receipts and proceeds from sales of ~c¥c!c, pmcrX rigSXg sanitary flow credits sold from the Town bank shall be deposited into a special municipal account known as the "Community Preservation Fund," to be used in a manner specified in Chapter 17 of the Town Code. Southold Town Meeting Agenda - August 14, 2012 Page 18 The only development right that may be transferred into and out of the TDR SFC Bank is a sanitary flow credit. The lands from which ~cvc!c, pmcr~ rig~ sanitary flow credits to be transferred into the bank were acquired shall remain preserved in perpetuity by a permanent conservation easement or other instrument that similarly preserves community character as defined and set forth in the definition of "community preservation" in Chapter 17 of the Town Code. The easement or other document shall be in a form approved by the Town Attorney. §1174 6. Sanitary flow credit transfer. The sanitary flow credit transfer will allow the Town to bank sanitary flow credits from preserved land in the TDR SFC Bank, and later sell those credits for use exclusively in connection with affordable housing. The sale price of the credits shall be determined by resolution of the Town Board, and shall consider such factors as the appraised value of the sanitary flow credit and the public benefit provided to the community. All transfers of Sanitary Flow Credits within the Town of Southold pt:r~t:ar~ tv, thi~ ~haptcr must pass through the TDR SFC Bank. Designation of sending and receiving districts. (1) The sending district shall be any zoning district in the Town of Southold that is not defined as a receiving district. (2) The receiving district shall be any lands designated Business (B), Hamlet Business (HB), Residential Office (RO), or land designated as Affordable Housing District (AHD) after March 1, 2005. Designation of development rights. A development right for the purposes of this chapter, shall be limited to a sanitary flow credit. §117-57. Determination of sanitary flow credit to be deposited into TDR SFC Bank. Upon receipt of a contract (executed by the seller) for the Town's acquisition of a parcel of property or the development rights thereon, and prior to the public hearing on the purchase, the Land Preservation Coordinator shall provide to the Town Board a calculation of the sanitary flow credits available, subject to survey, for transfer from the parcel of property upon the closing of the contract in accordance with its terms. Following the closing on the parcel, sanitary flow credits shall be placed into the Town TDR SFC Bank by resolution of the Town Board, which resolution shall set forth the number of sanitary flow credits and the source of the credits. The Town Clerk shall maintain a log detailing the credits transferred into the bank, as provided by the Land Preservation Coordinator in a form approved by the Town Board. The Town Clerk shall forward the resolution to the Tax Assessor's office, the Land Preservation Department, the Special Projects Coordinator and the Planning Department for inclusion into the Town database and GIS system. §11748. Irreversible transfer. Southold Town Meeting Agenda - August 14, 2012 Page 19 No,~ ~ ~..~1, ~'Vl~'"~"[~' .~o ~: ~*~ sanita~ flow credits shall be transferred back to the sending parcel once the development rights have been transferred. No ....... v ......... ~o samtary flow credits may be transferred out of a parcel which has previously had all of its development rights extinguished under the Town of Southold, Suffolk County or New York State acquisition of development rights program or other easement, transfer, restrictive covenant or otherwise. §117-7- 9. Procedure for transfer ofdc','cl$pmcnt right sanitary flow credit from the TDR SFC Bank to receiving district. Upon application of the owner of an individual parcel in a receiving district, the Town Board may permit the transfer of a ....... ~ ......... s-, sanitary flow credit to such parcel by proceeding in the manner set forth below: Notice to adjacent property owners shall be given by the applicant in the same manner as set forth in § 280-159 relating to change of zone applications. The Town Board, before publishing notice for a public hearing, shall comply with all State Environmental Quality Review Act (SEQRA) requirements, and costs associated with review shall be paid by the applicant. The Town Board, before publishing notice for a public hearing, shall, in a written request, instruct the Town Planning Board and the Building Inspector to prepare an official report regarding the proposed transfer, including the Planning Board recommendations. The Building Inspector report shall certify the use in the zone proposed and comment on the proposed project. The Planning Board report and recommendations shall consider the factors set forth in § 117-7E below. The Town Board, by resolution adopted at a stated meeting, shall fix the time and place of a public hearing on the proposed transfer and cause at least 10 days' notice of such hearing to be published in the official newspaper. Before the transfer of,~cvc~cpmcm riga~ sanitary flow credits may be authorized to any receiving district, the Town Board shall determine, after evaluating the effects of potential increased development which is possible under the transfer of development rights provisions, that the district contains adequate resources, environmental quality and public facilities, including adequate transportation, water supply, waste disposal and fire protection, and that there will be no significant environmentally damaging consequences, and that such increased development is compatible with comprehensive planning and the development otherwise permitted by the Town and by the federal, state and county agencies having jurisdiction to approve permissible development within the district. ............. , ................ , ...... : .... Sanitar ow credits shall not be transferred out of the school, special assessment or tax districts unless the Town Board determines that there is no other available lot within said district to which a sanitary flow credit may reasonably be transferred and that the transfer does not unreasonably transfer the tax burden between the taxpayers of such districts. Following the public hearing, the Town Board may by resolution authorize the transfer of sanitary flow credits. The resolution shall state that the applicant shall receive a sanitary flow credit certificate, which shall not be signed by the Supervisor and released by the Southold Town Meeting Agenda - August 14, 2012 Page 20 Town Clerk to the applicant until the covenants and restrictions as set forth at § 117-9 have been filed and such filing has been approved by the Town Attorney. §117~ 10. Sanitary flow credit certificate. An applicant must obtain and present a sanitary flow credit certificate to the Building Department prior to receiving a building permit. The sanitary flow credit certificate shall state the specific use for the transferred credit and may be used only for construction of the project listed on the certificate. The Town Clerk shall maintain a log detailing the sanitary flow credit certificates that have been issued by the Town Board, and such log shall contain the source and location of the transferred credit. The Town Clerk shall provide notice of the issuance of a sanitary flow credit certificate to the Town Attorney, Tax Assessors Office, the Land Preservation Department, the Special Projects Coordinator and the Planning Department. §117-9 11. Covenants and restrictions. Following the Town Board resolution granting a transfer of a sanitary flow credit to a recipient pursuant to the procedures set forth in this chapter, the applicant shall file in the office of the Suffolk County Clerk covenants and restrictions in a form approved by the Town Attorney. The covenants and restrictions shall contain terms and conditions as the Town Board and the Planning Board deem necessary to ensure that the dwelling unit created by the transferred credit remains affordable in perpetuity, and shall be leased or sold only to eligible individuals registered with the Town of Southold Housing Registry. The sale and/or lease of the dwelling unit that has been constructed with the transferred credit shall be administered through the Town of Southold pursuant to the provisions of Chapter 34, Housing Fund, and §§ 280-24 through 280-33 (AHD), and the sale and/or lease price shall be set by resolution of the Town Board. A copy of the filed covenants and restrictions must be filed with the Town Clerk within 30 days of the approving resolution. No sanitary flow credit certificate shall be issued until the covenants and restrictions have been filed and such filing has been approved by the Town Attorney. The Town Clerk shall forward the covenants and restrictions to the Town Attorney, Tax Assessor's Office, the Land Preservation Department, the Special Projects Coordinator and the Planning Department for inclusion into the Town database. §117 10 12. Revocation. Failure to comply with any of the requirements set forth in this chapter may result in revocation of the transferred sanitary flow credit. A sanitary flow credit may be revoked by Town Board resolution, following a public hearing, after 10 days' written notice of the hearing, by personal service or certified mail, has been given to the property owner. §117 11 1._~3. Expiration. Southold Town Meeting Agenda - August 14, 2012 Page 21 Any sanitary flow credit transferred to a recipient for construction of a dwelling unit shall expire and be returned to the bank one year after transfer if the dwelling unit has not been issued a certificate of occupancy, unless an extension of time has been requested by the property owner and granted by the Town Board. A request for an extension of time shall be made one month in advance of the expiration. A sanitary flow credit shall be returned to the bank by resolution of the Town Board, and notice thereof shall be given by the Town Clerk to those Town departments referenced in § 117-8D. §117 12 14. Return of credit. In the B, HB or RO Zoning District, a property owner may apply to the Town Board to return the transferred sanitary flow credit to the bank and extinguish the affordable housing covenants and restrictions applicable to the property. The Town Board shall hold a public hearing on the application, and notice shall be given in accordance with Chapter 55, Notice of Public Hearings. A sanitary flow credit shall be returned to the bank by resolution of the Town Board, and notice thereof shall be given by the Town Clerk to those Town departments referenced in § 117-8D. II. 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. III. EFFECTIVE DATE. This chapter shall take effect immediately upon filing with the Secretary of State as provided by law. Vote Record Resolution RES 2012 636 [] Adopted [] Adopted as Panended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hg~vys Appt Scott Russell [] [] [] [] [] No Action 2012-637 CATEGORY: DEPARTMENT: Legislation Town Attorney Southold Town Meeting Agenda - August 14, 2012 Page 22 LL/Arnendrnents to Chapter 117 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 117, Development Rights, Transfer of, in connection with Sanitary Flow Credits" to the Suffolk County Plannin~ Commission and the Southold Town Plannin~ Board for their review and recommendation. Vote Record Resoiufion RES 2012 637 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] WithO'awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hg~vys Appt Scott Russell [] [] [] [] [] No Action 2012-638 CATEGORY: Local Law- Public Hearing DEPARTMENT: Town Attomey 9/11/12 PH @ 4:32 P~ - LL/Parking $ound Ave, ~att WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, onthe 14th day of August, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 260, Vehicles and Traffic, in connection with Parkin~ on Sound Avenue in the hamlet of Mattituck' now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 11th day of September, 2012, 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 260, Vehicles and Traffic, in connection with Parkin~ on Sound Avenue in the hamlet of Mattituck" reads as follows: LOCAL LAW NO. 2012 Southold Town Meeting Agenda - August 14, 2012 Page 23 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 260, Vehicles and Traffic, in connection with Parking on Sound Avenue in the hamlet of Mattituck". BE IT ENACTED by the Town Board of the Town of Southold as follows: Purpose. Parking and standing on Sound Avenue in the hamlet of Mattituck has resulted in conditions that impact the public health, safety and welfare in the surrounding community. The conditions consist of undue congestion, restrictions on access, pedestrian safety as well as other dangerous traffic impacts. Accordingly, it is necessary to impose parking limitations in this area to protect the residents of the Town and the orderly use of Town roads by amending Chapter 260. II. Chapter 260 of the Code of the Town of Southold is hereby amended as follows: §260-15. Parking or standing prohibited during certain times. The parking or standing of vehicles is hereby prohibited during the months and hours (both inclusive) in any of the following locations: Name of Street Side Sound Avenue North Name of Street Side Sound Avenue South During Months and Hours At all times During Months and Hours At all times Location In Mattituck from the westerly curbline of Hallock Lane west for approximately 350 feet Location In Mattituck from a point approximately 310 feet west of Aldrich Lane, west for approximately 616 feet 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. ~VoteRecord ResolufionRES 2012 638 [] Adopted [] Adopted as Amended Southold Town Meeting Agenda - August 14, 2012 Page 24 [] Defeated William Ruland Ctn'istopher Talbot [] Supe~wisor's Appt Jill Doherty [] Tax Receiver's Appt Albert Krupski Jr. [] Rescinded Louisa P. Evans [] Town Clerk's Appt [] Supt Hgwys Appt Scott Russell [] No Action 2012-639 CATEGORY: DEPARTMENT: Trailer Permit Town Clerk Manwarmg Trailer Permit RESOLVED that the Town Board of the Town of Southold hereby ~rants approval of the trailer permit application of Charles Manwarin~ dba Southold Fish Market, Southold, New York, for a period of three (3) months from date of issuance, to locate a trailer on the property at 64755 Route 25, Greenport, NY, SCTM # 1000-56-4-22 to be used as a temporarily retail fish market, subject to the written authorization of the owner of record of the subject premises. Any further extensions of this permit are subject to the submission by Mr. Manwaring of applications for all required regulatory approvals prior to the expiration of the original trailer permit. Vote Record Resolution RES 2012 639 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hgwys Appt Scott Russell [] [] [] [] [] No Action VI. PUBLIC HEARINGS