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HomeMy WebLinkAboutAG-09/11/2012ELIZABETH 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 September 11, 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 September 11, 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 - September 11, 2012 Page 2 [ Supervisor Scott Russell [] [] [] I I. REPORTS 1. Justice Rudolph H. Bruer August 2012 2. NFAWL Financial Statement June 30, 2012 & 2011 3. Special Projects Coordinator August 2012 4. Zoning Board of Appeals August 2012 II. PUBLIC NOTICES NYS Liquor License Renewals Pugliese Vineyards, 34515 Rt 25, Cutchogue III. COMMUNICATIONS IV. DISCUSSION 1. 9:00 A.M. - John Cushman Town Budget Update 2. 9:30 A.M. - Lloyd Reisenberg New Website Presentation 3. 9:45 A.M. - Jim King & Michael Verity Board of Trustees & Building Department Permit Process 4. 10:00 A.M. - Jim McMahon &Michael Collins Removal of Manor Grove Septic System & Proposed Revisions to the Stormwater Management Program 5. 10:15 A.M. - Jim McMahon & Jeff Standish Highway Barn Roof Update 6. Policies for Use of Channel 22 Southold Town Meeting Agenda - September 11, 2012 Page 3 7. LL/Amendments to Chapter 117 "Development Rights, Transfer Of, in Connection with Sanitary Flow Credits" (Public Hearing today) 8. LL/Parking Sound Avenue, Mattituck (Public Hearing today) 9. LL/Amendments to Chapter 205 "Public Entertainment & Special Events" (to be set for Public Hearing) 10. Ciaglo Change of Zone 11. EXECUTIVE SESSION - MeHssa Spiro, Land Preservation Proposed Acquisition of Property, Discussion of which would effect the value thereof 12. EXECUTIVE SESSION - Labor - Jim Bunchuck, Solid Waste Coordinator matters involving employment of particular person(s) 13. EXECUTIVE SESSION - Litigation Town of Southold v. Go Green Sanitation Inc., et al. MINUTES APPROVAL RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, June 05, 2012 RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, June 19, 2012 V. RESOLUTIONS 2012-675 CA TEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated September 1L 2012. Vote Record Re~olution RES 2012 675 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Panended William Ruland [] [] [] [] [] Defeated ~ [] Tabled Ct~'istopher Talbot [] [] [] [] [] Withch-awn Jill Doherty [] [] [] [] Southold Town Meeting Agenda - September 11, 2012 Page 4 [] 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 2012-676 CATEGORY: DEPARTMENT: Set Meeting Town Clerk Set Yext Meeting 9/25/12 7.'30 Pm RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held~ Tuesday~ September 25~ 2012 at the Southold Town Hall~ Southold~ New York at 7:30 P. Moo Vote Record Resolution RES 2012 676 [] 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 2012-677 CATEGORY: DEPARTMENT: Subdivisions Planning Board Subdivision Bond Constantine Ioannou RESOLVED that the Town Board of the Town of Southold hereby accepts the Subdivision Bond no. 105801386 inthe amount of $86,745.00 for the standard subdivision of Constantine Ioannou, all in accordance with the Southold Town Planning Board recommendation and the Town Attorney. ~VoteRecord Resolution RES 2012 677 [] Adopted Yes/Aye No/Nay Abstain Absent Southold Town Meeting Agenda - September 11, 2012 Page 5 [] Adopted as Amended William Ruland [] Defeated Ctn'istopher Talbot [] Tabled [] 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 [] No Action 2012-678 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk American Diabetes Bike Ride 2012 Fiscal Impact: Police Department cost for Event $11 Z24 RESOLVED the Town Board of the Town of Southold hereby ~rants permission to the Ride 2 Recovery to use the North Road/Route 48 for a Bike Ride event for injured veeterans on Thursday, September 13, 2012, from 10:00 a.m. to 11:30 a.m.. providing they closely adhere to the following conditions: 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 temporary non-permanent road markings or signs for the event must 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 for this event have been waived. Vote Record Resolution RES 2012 678 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended -- William Ruland [] [] [] [] [] Defeated [] Tabled Ctn'istopher Talbot [] [] [] [] [] Withch-awn Jill Doherty [] [] [] [] [] Supe~wisor's Appt Albert Krupski Jr. [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans [] [] [] [] Southold Town Meeting Agenda - September 11, 2012 Page 6 [] Town Clerk's Appt Scott Russell [] Supt Hgwys Appt [] No Action 2012-679 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Fishers Island Longevity Jesse ~arshall RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted August 28, 2012 that approved Jesse Marshall's longevity increase effective September 17, 2012. Vote Record Resolution RES 2012 679 [] 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 2012-680 CATEGORY: Employment - FIFD DEPARTMENT: Accounting ~lppoint Stephanie Jaworowicz Seasonal DT Durser RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted August 17, 2012 that amended the August 7, 2012 resolution and appointed Stephanie Jaworowicz as a seasonal part-time purser. · / Vote Record ResolutionRES~012 680 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland [] [] [] [] [] Defeated [] Tabled Ct~'istopher Talbot [] [] [] [] [] WithO'awn Jill Dohert~ [] [] [] [] Southold Town Meeting Agenda - September 11, 2012 Page 7 [] 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 2012-681 CATEGORY: DEPARTMENT: Budget Modification Police Dept Police Department-Budget Modification Fiscal Impact: Modify the 2012 General Fund I~I/hole Town Budget - Police Department RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 General Whole Town budget as follows: From: A. 3120.2.500.550 To: A. 3120.4.200.100 Police/Other Equipment Sprint PCS Cards Police/Utilities Cellular Phone Service TOTAL: $11,802 $11,802 $11,802 Vote Record Resolution RES 2012 681 [] 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 2012-682 Southold Town Meeting Agenda - September 11, 2012 Page 8 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Eat Smart New York Program Agreement I/V/Cornell 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 Cornell Cooperative Extension in connection with the Eat Smart New York Program wherein Cornell will conduct a series of workshops on food and nutrition at the Human Resource Center, at no cost to the Town, subject to the approval of the Town Attorney. Vote Record Resolution RES 2012 682 [] 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 2012-683 CATEGORY: DEPARTMENT: Attend Seminar Police Dept Police Department-ECGlA Conference RESOLVED that the Town Board of the Town of Southold hereby grants permission to Detective Sergeant John Sinnin~ to attend the East Coast Gan~ Investigators Association (ECGIA) 13th annual conference in Rehoboth Delaware from September l0t 2012 to September 14~ 2012. All expenses for registration, lodging, meals and travel to be a legal charge to the 2012 Police Training Budget Line A.3020.4.600.200. Southold Town Meeting Agenda - September 11, 2012 Page 9 Vote Record Resolution RES 2012 683 [] 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 2012-684 CATEGORY: DEPARTMENT: Bid Acceptance Public Works Manor Grove Septic Removal Fiscal Impact: Removal of septic system at the Manor Grove Preserve, aspera requirement of the SCDHS. This project is funded, m full, by a grant ....Bay to Sound Project. No work order will be authorized until after the Town acquires the Manor Grove Property, scheduled for 9/12/2012. RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of P.W. Grosser Consulting to remove and remediate the septic system, as per a requirement of the Suffolk County Department of Health Services, in the amount of $10,523, all in accordance with the approval of the Town Attorney. · / Vot~ Record Resolution RES 2012 684 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hg~vys Appt Scott Russell [] [] [] [] [] No Action 2012-685 CATEGORY: Employment - Town Southold Town Meeting Agenda - September 11, 2012 Page 10 DEPARTMENT: Accounting Permission to A ttend NFBEA$ $emmar A ccounting Dept. RESOLVED that the Town Board of the Town of Southold hereby ~rants permission to Town Comptroller John Cushman and Secretarial Assistant Christine Foster to attend a New York State Health Insurance Pro~ram (NYSHIP) Regional Meetin~ in Hauppau~e, New York on Wednesday, October 24, 2012. All expenses for registration, travel to be a legal charge to the 2012 Accounting Department budget (meetings and seminars) A. 1310.4.600.200. Vote Record Resolution RES 2012 685 [] 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 2012-686 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Appoint Robert fi~ Lavin dr. Part Time Purser RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fisher Island Ferry District adopted September 6, 2012 that appointed Robert F. Lavin Jr. to the position of part time Purser. Vote Record Resolution RES 2012 686 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] Withch-awn 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 Southold Town Meeting Agenda - September 11, 2012 Page 11 2012-687 CATEGORY: DEPARTMENT: Public Service Town Clerk Appoint I/Villiam Z Bauer as a Temporary Marriage officer RESOLVED the Town Board of the Town of Southold hereby appoints William J. Bauer as a Temporary Marriage Officer for the Town of Southold, on Saturday, November 10, 2012 only, to serve at no compensation. Vote Record Resolution RES 2012 687 [] 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 2012-688 CATEGORY: DEPARTMENT: Refund Human Resource Center Authorize Refund of Overpayment for Home Delivered Meals for Emma Dolson RESOLVED the Town Board of the Town of Southold hereby authorizes a refund of $350.00 to Cathy Dolson for overpayment for home delivered meals for Emma Dolson for the period from May 2, 2012 through August 3, 2012, as recommended by Karen McLaughlin, Director of Human Services. Southold Town Meeting Agenda - September 11, 2012 Page 12 Vote Record Resolution RES 2012 688 [] 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 2012-689 CATEGORY: DEPARTMENT: Budget Modification Town Attomey TA Budget Modification Fiscal Impact: to cover unanticipated litigation fees for 2012 resulting from a 4-day trial m Supreme Court, Suffolk County RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2012 budget as follows: From: A. 1990.4.100.100 Unallocated Contingencies $20,000.00 To: A. 1420.4.500.100 Town Attorney, Legal Counsel $20,000.00 Vote Record Resolution RES 2012 689 [] 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 Southold Town Meeting Agenda - September 11, 2012 Page 13 2012-690 CATEGORY: DEPARTMENT: Budget Modification Information Technology LT. Budget Modification Fiscal Impact: From Unallocated Contingencies. The Fuelmaster application maintenance contract has expired and has to be renewed. This was not budgeted for m 2012. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 General Fund Whole Town budget as follows: From: A. 1990.4. tee. tee Unallocated Contingencies $5600.00 To: A. 1680.4.400.565 Fuelmaster Maintenance $5600.00 Vote Record Resolution RES 2012 690 [] 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 2012-691 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Execute the Grant Application for Federal Assistance SF-424 and Any Other Documents ~Vecessary for Said Grant Between the Town of Southold and the Federal Aviation Administration RESOLVED that the Town Board of the Town of Southold hereby and authorizes and directs Supervisor Scott A. Russell to execute the Grant Application for Federal Assistance SF-424 and any other documents necessary for said Grant between the Town of Southold and the Federal Aviation Administration in connection with the preparation of an Environmental Assessment for a 5-year Capital Improvement Project for the Elizabeth Field/Fishers Island Airport Layout Plan, subject to the approval of the Town Attorney. Southold Town Meeting Agenda - September 11, 2012 Page 14 Vote Record Resolution RES 2012 691 [] 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 2012-692 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint Laura Kettenbeil PT Clerk Typist RESOLVED that the Town Board of the Town of Southold hereby appoints Laura Kettenbeil to the position of part-time Clerk Typist for the Town Clerk/Records Management Department, effective September 12, 2012, at a rate of $13.78 per hour. Vote Record Resolution RES 2012 692 [] 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 2012-694 CATEGORY: DEPARTMENT: Bid Acceptance Public Works Highway Department - Roof Fiscal Impact: Work to be done in house Southold Town Meeting Agenda - September 11, 2012 Page 15 RESOLVED that the Town Board of the Town of Southold hereby rejects any and all bids for the furuishin~ of labor~ materials and equipment for the replacement and reconstruction of the Southold Highway Department Barn Roof System, 165 Peconic Lane, Peconic, NY Vote Record Resolution RES 2012 694 [] 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 2012-695 CATEGORY: DEPARTMENT: Authorize to Bid Public Works Highway Department Barn Roof RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the materials~ supplies and equipment for the replacement and reconstruction of the Southold Highway Department Barn Roof System, 165 Peconic, Lane, Peconic, NY Vote Record Resolution RES 2012 695 [] 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 2012-696 Southold Town Meeting Agenda - September 11, 2012 Page 16 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Execute &e Modification Agreement Form Between &e Town of Sou&old and the New Fork State Department of State 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 extension of time extending the term of Contract #C006789 (Planning and Development of Southold Town Code Revisions) to December 31, 2013, subject to the approval of the Town Attorney. Vote Record Resolution RES 2012 696 [] 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 2012-697 CATEGORY: DEPARTMENT: Local Law Public Hearing Town Attorney PH 10/9/12 @ 4.'32 PM LL/Special Events WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 11th day of September, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 205~ Public Entertainment and Special Events" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 9th day of October, 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 205~ Public Entertainment and Special Events" reads as follows: Southold Town Meeting Agenda - September 11, 2012 Page 17 LOCAL LAW NO. 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 205~ Public Entertainment and Special Events". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. It is the intent of this Article to establish procedures and requirements for conducting special events in the Town of Southold to preserve the public peace, good order, the integrity of the use regulations established under the Zoning Code, to properly provide for the health, safety and welfare of the general public and to provide penalties for violations of the provisions herein. II. Chapter 205 of the Code of the Town of Southold is hereby amended as follows: A Southold Town Meeting Agenda - September 11, 2012 Page 18 §205-1. Del'tuitions. SPECIAL EVENT Any temporary gathering, demonstration, performance, exhibition, amusement or activity with expected attendance that at any time exceeds the lawful occupancy of the public area of the building, the parking capacity of the site or that is not currently a permitted use of the property in the applicable zone, that is conducted or sponsored by a person, organization, entity or association, including but not limited to, carnivals, circuses, fairs, bazaars, outdoor shows and concerts, parades, walks, runs, marathons, bicycle races or motorcycle rallies, and which involves one or more of the following: (1) The closing of a public street. Southold Town Meeting Agenda - September 11, 2012 Page 19 (2) The use, blocking or restriction of Town property, roads or rights of way; (3) The use of amplified sound exceeding the standards set forth in Chapter 180 of the Town Code. (4) The sale of merchandise that is not ordinarily sold in the normal course of the (5) (6) (7) (8) (9) applicant's business. The sale or service of food to the public. The substantial increase or disruption of the normal flow of traffic on any street or highway. The placement of portable toilets. The placement of temporary no-parking or directional signs or banners. The use of any Town services that would not be necessary in the absence of such an event. §205-2. Permit required. To preserve public peace, good order and the health safety and welfare of the residents of the Town of Southold, special events shall be prohibited in the Town of Southold, unless a special event permit is obtained in accordance with the requirements set forth in this Chapter. The provisions of this Article shall not apply to: A. Any event held on property owned by any special district that is contained on site and has adequate parking, ingress, egress, traffic control and sanitary ihcilities to host such an eventl B. Any event held on property owned by a not-for profit for its own fundraising that is contained on site and has adequate parking, ingress, egress, traffic control and sanitary ihcilities to host such an eventl C. Occasional events on private residential properties hosted by the owner thereof to celebrate family events, holidays, charitable or other not for profit fundraisers, however, any use of residential property for profit, such as a venue for weddings or other events is prohibited. §205-3. Application Requirements. The following information and materials are to be submitted with an application for a special event permit. The Zoning Board of Appeals office may accept a single application for a recurring event or a series of similar events (not to exceed 6 in a 3 month period) that are of like size and scope. A. A completed Special Event Application Form which includes the following information: (1) Name, address and telephone number(s) of the person(s) who will be organizing the event and who can be contacted prior to and during the event by Town officials. (2) The address of the event location. (3) Proposed dates and hours of the special event, including set up and shutdown times. (4) Expected maximum number of persons intended to use the property at one time and collectively, including organizers, employees, vendors, exhibitors and spectators/participants. Southold Town Meeting Agenda - September 11, 2012 Page 20 (5) (6) (7) (8) Expected numbers of automobiles and other vehicles intended to use the property at one time and collectively. The name, address and telephone number of the person(s) who will be engaged in the preparation and/or sale of food, alcohol, beer and a copy of the State Liquor Authority License and County Department of Health Services Permit number for the activity. Name and address and cellular telephone number of any security company which will work on the premises, and a description of the duties to be performed. The dimensions of any tents to be utilized for the event. All tents erected in (9) (10) connection with an event will require an application to and the approval of the Building Department. Certification that the property where the event is to take place is not subiect to any covenant or restriction limitin~ its use, or if the use is restricted by easement or otherwise, a copy of a survey or diagram depicting the easement area and any reserved area where development rights are intact. The applicant must provide a certificate of general liability insurance naming the Town of Southold as an additional insured with limits of 2 million dollars per occurrence or such other limit as may be required by the Town Board. An application fee in the following amounts for each event: (1) $150.00 for events that exceed the parking capacity of the site and/or that are not a permitted use of the property or for events where the expected attendance exceeds the lawful occupancy by up to 250 attendees. (2) $250.00 for events where the expected attendance exceeds the lawful occupancy by 251 to 500 attendees. (3) $350.00 for events where the expected attendance exceeds the lawful occupancy by 501 to 749 attendees. (4) $450.00 for events where the expected attendance exceeds the lawful occupancy by 750 to 999 attendees. (5) $550.00 for events where the expected attendance exceeds the lawful occupancy by 1,000 or more attendees. (6) Applications that are submitted less than sixty (60) days prior to the proposed event may be rejected or subject to a late processing fee of $250.00. A general description of the proposed event including: (1) The purpose of the event and description of the nature of the activities to be carried on and the admission fee to be charged, if any. (2) Names of groups, organizations, charities or individuals who shall benefit from the proceeds of the event. A parking/event plan showing: (1) The size of the property and its location in relation to abutting streets or highways. (2) The size and location of any existing building(s) or structure(s) that will be in operation during the course of the event and any proposed building, structure or signs to be erected temporarily for the event. (3) The location of the stage or tents, if any. Southold Town Meeting Agenda - September 11, 2012 Page 21 (4) (6) (7) (9) (10) (11) (12) (13) (14) The designated areas of use for spectators, exhibitors, vendors, employees and organizers. Location of all exits. The location of all fire extinguishers and other fire safety equipment. The location of all temporary utilities to be installed for the event, if any. The layout of any parking area for automobiles and other vehicles and the means of ingress and egress for such parking areas. The parking spaces must allow for 300 sq. fl. per car. A traffic control plan for vehicles entering and leaving the site for the proposed event. Plan for the use of live outdoor music, loudspeakers and other sounds which will be used, if any, and the type and location of speakers and other audio equipment. A description of emergency access and facilities related to the event. Provisions to dispose of any garbage, trash, rubbish or other refuse. Location and description of any additional lighting to be utilized in coniunction with the event. Location of sanitary facilities on site. A description of any signage to be displayed adjacent to a Town, County or State road, including size, location and dates of display. ZBA Chairperson may require the applicant to send and provide certification that written notice was sent to every property owner abutting or adjacent to the property where the event is to be held, as shown on the current Town of Southold assessment roll, and directly opposite (by extension of the lot lines through a street or right-of-way) of the property that is the subiect ofthe application. Said notice shall include the date, time and location of the proposed special event. Notwithstanding the foregoing, the Chairperson of the Zoning Board of Appeals, upon request by an applicant, may waive in whole or in part any of the foregoing application requirements upon a finding that said requirements are not necessary for proper consideration of a permit application in accordance with the standards set forth in Section 205-4(E)(1)-(16) or for the protection of health safety and welfare. The Chairperson's determination of any waiver request shall be in writing to the applicant and shall specify the reason for the grant or denial. Ifa waiver is granted, the Chairperson may attach appropriate conditions to protect the public interest. §205-4. Application review procedure and standards. All applications for a special event permit must be submitted at least sixty (60) days prior to a proposed event to the Zoning Board of Appeals office. Any applications that are incomplete may not be accepted or processed. When the Chairperson of the Zoning Board of Appeals determines said application is complete, the Chairperson shall distribute said application and documentation to any Town, County or State agencies that may have jurisdiction over the event for their review and comment on any of the criteria set forth in §205-4(E) of this Article. Such referrals may include the Police Department, the Planning Department, the Building Department, Southold Town Meeting Agenda - September 11, 2012 Page 22 the Land Preservation Department, the Code Enforcement Department, Fire Safety Inspector, Tax Assessors and Town Attorney. Upon receipt of comments, the Chairperson of the Zoning Board of Appeals shall determine whether to require revisions to the proposed event application. If no revisions are required or, upon the submission of a revised application, the Chairperson of the Zoning Board of Appeals may deny or approve the application with conditions. In determining whether to grant a special event permit, the Chairperson of the Zoning Board of Appeals shall consider the following: (1) (3) (4) The size and capacity of the site to accommodate the proposed event. The facilities available. The availability of highway and other means of transportation to and from the site. Impact of the event on the safe and orderly movement of traffic within and contiguous to the event. (5) Need for the Town to police such event, and whether the numbers of police officers assigned to properly police such event will prevent the Town from providing adequate police protection to the remainder of the Town. (6) Impact of the event on fire and police protection and ambulance service to the areas contiguous to the event and to the Town in general. (7) Impact of the event on the movement of fire-fighting equipment or ambulance service to the Town or to areas contiguous to the event. (8) Impacts on adiacent property owners and the surrounding neighborhood. (9) Whether the owner, applicant or event sponsor has violated a previously issued special event permit. (10) Verification that there are no outstanding violations on the property at which the event will be held or any outstanding or unsatisfied conditions of a Town agency approval, including but not limited to, those of the Planning Board or the Zoning Board of Appeals. (11) Verification that the grant of the permit will not violate any existing covenants or easements on the property. (12) Whether a permit has been ~ranted for a prior event that was the same or substantially similar in size and scope to the event applied for and/or resulted in the impacts defined in subparagraphs (4), (5), (6),(7) and (8) above. (13) Whether the frequency of prior or proposed special events on the site constitutes a change or intensification of the permitted use of the property necessitating a use variance or further site plan review. (14) If two or more events with an expected attendance of more than 1,000 people are scheduled for the same date and are within a half mile radius of each other, the Chairperson of the Zoning Board of Appeals will determine if there are adequate resources for the events. If there are not sufficient resources to ensure public health and safety, the Chairperson of the Zoning Board of Appeals shall deny one or more permits if the impacts of the events cannot be mitigated. When deciding which event to deny, the Chairperson of the Zoning Board of Appeals shall consider the following: Southold Town Meeting Agenda - September 11, 2012 Page 23 (15) (i) Whether the event is recurring. (ii) Whether the site has been subiect to a violation within the last three ,/ears. (iii) The date the permit application was submitted. (iv) If events occurred the prior calendar ,/ear, the Chairperson of the Zoning Board of Appeals shall consider what their impact was on that area of the (v) Whether the event will ,/ield a donation to one or more local charities. If an applicant is requesting a special event permit that was held the previous ,/ear, the verification must be submitted from those charities listed on the previous application. (16) An,/other matters that relate to the health, safet,/and welfare of the general public. A deposit shall be made in an amount to be determined prior to issuance of the permit based upon the estimated direct costs attributable to additional police and highwa,/costs associated with the event. After the event, the deposit will be used to cover such costs and an,/monies remaining will be returned to the applicant. A special event permit is not transferrable and shall expire at the close of the event(s) for which it is issued. The special event permit issued hereunder shall be displa,/ed on the premises during the special event and shall be available for inspection b,/a police officer or other enforcement officer of the Town upon request. Applications for tent permits required for an,/event must be submitted directl,/to the Building Department. 205-5. A. Appeal from denial of a special event permit. An applicant who is denied a permit by the Chairperson of the Zoning Board of Appeals ma,/appl,/to the Town Board for reconsideration of the application b,/filing an appeal with the Town Clerk within 10 da,/s of the date of the denial. A complete cop,/of the application submitted to the Office of the Zoning Board of Appeals shall accompan,/the request for reconsideration. The Town Board ma,/, following a public hearing, affirm or reverse the determination of the Chairperson subject to an,/conditions deemed appropriate under the circumstances. 205-6. A. Events held on Town lands. An,/event held on propert,/owned, leased or controlled b,/the Town or an,/event where the expected attendance exceeds 1,000 people shall be subject to approval b,/ resolution of a majorit,/the Town Board following the submission of an application to the Town Clerk sixt,/(60) da,/s prior to the proposed event. In reviewing applications for such events, the Town Board ma,/consider the following additional criteria in addition to the criteria set forth in Section 205-4(E) above: (1) The size of the premises in relation to the number of people attending the event. (2) The sufficienc,/of arrangements made to control traffic, parking, noise, lighting and refuse. Southold Town Meeting Agenda - September 11, 2012 Page 24 (3) The frequency of events proposed or approved for the premises and whether the frequency is so great that the events constitute a persistent usage of the property incompatible with its character or with that of the surrounding area. (4) Conflicts with ordinary public use of the land, roads or facilities involved. (5) Whether the applicant has been convicted for failure to comply with the terms of this Chapter within the past three years. (6) Adherence to the Town Board policy of discouraging events at Town beaches and parks from the Friday before the observance of Memorial Day until Labor Day. For any event that is to be held on land owned, leased or controlled by the Town of Southold: (1) The applicant shall pay a minimum clean up deposit of $250. (2) Where the Town determines that there is no specific Town benefit from the event or that the event is conducted for profit, a deposit shall be made in an amount to be determined prior to issuance of the permit based upon the estimated direct costs attributable to additional police, highway and clean up costs associated with the event. After the event, the deposit will be used to cover such costs and any monies remaining will be returned to the applicant. Notwithstanding the foregoing, the Town Board upon request by an applicant, may waive in whole or in part any of the foregoing application requirements upon a finding that said requirements are not necessary for proper consideration of a permit application or for the protection of health safety and welfare. The Town Board resolution shall specify the reason for the grant or denial. Ifa waiver is granted, the Town Board may attach appropriate conditions to protect the public interests. §205-7. Modification or rescission of permit. If, after a permit is issued, the Chairperson of the Zoning Board of Appeals or Town Board determine that any of the representations and/or statements contained in the application are materially inaccurate or any of the conditions of the permit have not been complied with, the Town may serve the permittee's agent, a notice of rescission of special permit specifying the manner in which the permittee has not complied with the terms of its permit and/or identifying the incorrect information supplied in the application. The Zoning Board of Appeals Chairperson or the Town Board may, for good cause, modify or rescind such permit, absolutely or upon conditions. §205-8. Penalties for offenses. A. It shall be unlawful for any owner, occupant or their agents or any other person to fail to comply with any provisions of this chapter or to fail in any manner to comply with a written notice, directive or order of the Director of Code Enforcement, Zoning Inspector or the Southold Police Department or to conduct any special event in a manner not in compliance with a permit issued pursuant to this Chapter and with the provisions of this Code. B. For each offense against any of the provisions of this Chapter or failure to comply with a written notice or order of any Director of Code Enforcement, Zoning Inspector or the Southold Police Department within the time fixed for compliance therewith, the owner, Southold Town Meeting Agenda - September 11, 2012 Page 25 occupant or their a~ents or an,/other person who commits, takes part or assists in the commission of an`/such offense or who shall fail to compl,/with a written order of the Director of Code Enforcement, Zoning Inspector or the Southold Police Department shall be subiect to the following: (1) Failure to obtain a permit. An,/person conducting a special event that is regulated under this Chapter without first obtaining a permit according to the procedures outlined herein shall be subiect to a fine not less than $500.00 and not more than $1,000.00. (2) Failure to compl,/with the terms of a permit. An,/person failing to compl,/with the terms of a permit shall be subiect to a fine of not less than $500.00 and not more than $1,500.00. For each subsequent offense, violator shall be guilt,/ofa misdemeanor punishable b,/a fine not less than $500.00 nor more than $5,000.00. No new special event permits will be issued to an,/propert,/owner, occupant or their agent if the`/are a named defendant in an outstandin~ or unresolved violation of this Chapter. The Town ma,/also maintain an action or proceeding in a court of competent iurisdiction to compel compliance with or to restrain b,/iniunction the violation of this chapter. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Vote Record Resolution RES 2012 697 [] 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 2012-698 CATEGORY: DEPARTMENT: Legislation Town Attorney Southold Town Meeting Agenda - September 11, 2012 Page 26 LL/Special Events to SCPC & 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 205~ Public Entertainment and Special Events" to the Suffolk County Plannin~ Commission and the Southold Town Plannin~ Board for their review and recommendation. Vote Record Resolution RES 2012 698 [] 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 2012-701 CATEGORY: DEPARTMENT: Grants Land Preservation USDA -NRC$ 2012 Cooperative Agmt Grant $1,314,278.30 Fiscal Impact: Grant money has been increased RESOLVED that the Town Board of the Town of Southold hereby revises resolution #614- 2012August 8, 2012 regular Town Board meeting, as follows, as the money to be received has increased: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Supervisor to execute Cooperative Agreement between the United States of America Commodity Credit Corporation and the Town of Southold for the implementation of the United States Department of Agriculture - Natural Resources Conservation Service (USDA-NRCS) 2012 Federal Farm and Ranch Lands Protection Program (FRPP) awarded grant in the amount of $L314~278.30 (FY 2012 Funds), subject to the approval of the Town Attorney. Vote Record Resolution RES 2012 701 [] 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 - September 11, 2012 Page 27 [] 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 2012-693 CATEGORY: DEPARTMENT: Seqra Town Attorney SEQRA LL/Amendments to Chapter 117 RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed local law entitled "A Local Law in relation to Amendments to Chapter 117~ Development Ri~hts~ Transfer oft in connection with Sanitary Flow Credits" is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith, and is consistent with the LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. Vote Record Resolution RES 2012 693 [] 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 2012-699 CATEGORY: DEPARTMENT: Enact Local Law Town Clerk Enact LL Chapter 260, $ound Ave, Mattituck Southold Town Meeting Agenda - September 11, 2012 Page 28 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" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS 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 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'. 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: During Months Name of Street Side and Hours Location Sound Avenue North At all times In Mattituck from the westerly curbline of Hallock Lane west for approximately 350 feet During Months Name of Street Side and Hours Location Southold Town Meeting Agenda - September 11, 2012 Page 29 Sound Avenue South At all times In Mattituck from a point approximately 310 feet west of Aldrich Lane, west for approximately 616 feet IlL SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Vote Record Resolution RES 2012 699 [] 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 2012-700 CATEGORY: DEPARTMENT: Enact Local Law Town Clerk Enact LL Chapter 117 WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk th County, New York, onthe 14 day of August 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" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it Southold Town Meeting Agenda - September 11, 2012 Page 30 RESOLVED that the Town Board of the Town of Southold hereby ENACTS 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" 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. ?urpc,:~ and L-.',~r.t Title. This chapter shall be known as the "Transfer of Sanitary Flow Credits" §117-1-2. 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 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~ pcXcr~ia! ma5' sanitary flow credits shall not occur in the Town of Southold. §117~ 3_. Definitions. 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~pmcr~ rigS~: 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. Dc:'clc, pmcnt Rig?,: Bank Applicability and ~eneral prohibition. A. Applicability. Any and all sanitary flow credit transfers within the Town of Southold shall be in Southold Town Meeting Agenda - September 11, 2012 Page 31 accordance with this chapter. General Prohibitions. 1. If not expressly permitted within this chapter, the transfer of sanitar~ 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~_5. Development Rights Bank. The Town hereby establishes a Transfc~c~ Dc¥c!cpmcrX Rig~Xs Sanitar~ Flow Credit Bank (TDR SFC Bank) in which ~c¥c!cpmcrX rig~Xs sanitary flow credits may be received, retained and sold by the Town Board in the best interests of the Town. All ~c¥c!cpmcrX rig~Xs 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!cpmcrX rig~Xs 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. A. The only development right that may be transferred into and out of the TDR SFC Bank is a sanitary flow credit. B. The lands from which ~c¥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:rst:arX tc this :haptcr must pass through the TDR SFC Bank. A. 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. B. Designation of development rights. A development right for the purposes of this chapter, shall be limited to a sanitary flow credit. Southold Town Meeting Agenda - September 11, 2012 Page 32 §117-5 7. Determination of sanitary flow credit to be deposited into TDR SFC Banlc A. 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. B. 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. C. 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. §1174_8. Irreversible transfer. No,~ ~ ~,,~lv ~.vv...~..,' .~,o ~: ~'~ sanitary flow credits shall be transferred back to the sending parcel once the development rights have been transferred. No ....... v ......... ~,o samtar¥ 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 of dc~'clc, pmcr. t r~g.¥, 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 ofa ~cvc!c~pmcrX rig~X sanitary flow credit to such parcel by proceeding in the manner set forth below: A. 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. B. 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. C. 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. D. 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. E. Before the transfer of,~cvc~c~pmcn~ rig:.~ 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 Southold Town Meeting Agenda - September 11, 2012 Page 33 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 sanitar~ 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 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. A. An applicant must obtain and present a sanitary flow credit certificate to the Building Department prior to receiving a building permit. B. 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. C. 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. D. 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. §117-911. Covenants and restrictions. A. 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. B. 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. Southold Town Meeting Agenda - September 11, 2012 Page 34 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 1._~2. 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. 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 1_~4. 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. SEYERABILITY. 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 700 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland [] [] [] [] [] Defeated [] Tabled 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 Hg~vys Appt Southold Town Meeting Agenda - September 11, 2012 Page 35 [] No Action Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at P.M. Linda J. Cooper Southold Town Deputy Clerk 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. 9/11/12 PH ~ 4:32 PM - LL/Parking Sound Ave, Matt 9/11/12 PH ~ 4:34 PM - LL/ll7 Amendments Meeting Reconvened Meeting reconvened at P.M.