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HomeMy WebLinkAboutTB-09/11/2012ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631) 765 - 1800 sout holdtown.northfork, net MINUTES September 11, 2012 4:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, September 11, 2012 at the Meeting Hall, 53095 Main Road, Southold, NY. Supervisor Russell opened the meeting at 4:30 PM with the Pledge of Allegiance to the Flag. Call to Order 4:30 PM Meeting called to order on September 11, 2012 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Organization Title William Ruland Town of Southold Christopher Talbot Town of Southold Jill Doherty Town of Southold Albert Krupski Jr. Town of Southold Louisa P. Evans Town of Southotd Scott Russell T0~n ~f S0uthold Councilman Councilman Councilwoman Councilman Justice Supervisor Status Arrived Present Present Present Present Present Late i. Reports 1. Justice Rudolph H. Bruer 2. NFAWL Financial Statement 3. Special Projects Coordinator 4. Zoning Board of Appeals II. Public Notices 1. NYS Liquor License Renewals September 11, 2012 Page 2 Southold Town Board Meeting Minutes IlL Communications IV. Discussion 1. 9:00 A.M. - John Cushman 2. 9:30 A.M. - Lloyd Reisenberg 3. 9:45 A.M. - Jim King & Michael Verity 4. 10:00 A.M. - Jim McMahon &Michael Collins 5. 10:15 A.M. - Jim McMahon & Jeff Standish 6. Policies for Use of Channel 22 7. LL/Amendments to Chapter 117 "Development Rights, Transfer Of, in Connection with Sanitary Flow Credits" 8. LL/Parking Sound Avenue, Mattituck 9. LL/Amendments to Chapter 205 "Public Entertainment & Special Events" 10. Ciaglo Change of Zone 11. EXECUTIVE SESSION - Mclissa Spiro, Land Preservation 12. EXECUTIVE SESSION - Labor - Jim Bunchuck, Solid Waste Coordinator 13. EXECUTIVE SESSION - Litigation Opening Comments Supervisor Russell SUPERVISOR RUSSELL: Please risc and join in thc Pledge of Allegiance to thc Flag. Thank you. what I would actually like to do right now is I'd like to take a moment of silence, there are actually two unfortunate incidents that we would like to remember with a moment of silence, one of course is September 11t~,, another one is the passing of a man named Frank Wills, who served this town very nobly on Alternative and Renewable Energy Committee and many, many, many other roles that he played fbr this town. So would everybody please rise for a moment.'? Okay, thank you. There will be a memorial service for Frank Wills, Sunday September 23, 2012 at 2:00 PM at the New Suftblk waterfront. I would invite all of you down there to remember him. With that being said, I am going to invite anybody that would like to comment on any of the agenda items to please feet free to come forward now. (No response) September 11,2012 Page 3 Southold Town Board Meeting Minutes Minutes Approval RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, June 05, 2012 Vote Re~ord - Motion Yes/Aye No/Nay Abstain Absent William R~iand voter [] [] [] [] [] Accepted Christopher Talbot Seconder [] [] [] 12] [] Accepted as Amended Jill Doherty Voter [] F1 [] [] [] Tabled Aibert ~p~ki Jr. Voter I~ Fl F1 F1 Louisa P. Evans Initiator [] [] [] [] Scott Russell Voter [] [] [] [] RESOLVED that the Town Board o£the Town of Southold hereby accepts the minutes dated: Tuesday, June 19, 2012 · " Vote Re~ord - Motion Yes/Aye No/Nay Abstain Absent William Ruland Voter [] [] [] [] [] Accepted Cbfiitopb~ Talbot Seconder [] [] [] [] [] Accepted as Amended Jill Doherty Voter [] ~ Fl [] [] Tabled Albert Kmpski Jr. Voter [] [2] ~ [] Louisa Pi E~a~S i~itiat0r ~ Fl V1 [] Scott Russell Voter [] [] [] [] V. Resolutions 2012-675 CA TEGOR Y: Audit DEPARTMENT: Town Clerk Approve A ttdil RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated September 11. 2012. ~' ~ote Record - Re~olution RES-2012-675 [] Adopted [] Adopted as Amended [] Det~ated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Christopher lalbot Seconder [] [] [] [] [] Supervisor's Appt Jill Doberty Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scotl Russell Voter [] [] [] [] [] Supt Hgwys Appt ~ [] No Action September 11, 2012 Page 4 Southold Town Board Meeting Minutes 2012-676 CA TEGOR Y: DEPARTMENT: Set Meeting Town Clerk Set Next 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 = Re~olutlon RES-2012-676 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter -- [] [] [] [] [] Withdrawn Chdstopher Talbot Seconder [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter : [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-677 CA TE GO R Y: DEPARTMENT: Subdivisions Planning Board Subdivision Bond Constantine loannou RESOLVED that the Town Board of the Town of Southold hereby accepts the Subdivision Bond no. 105801386 in the 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. Vote Record ~ Resolution RES-2012-677 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Deherty Initiator [] [3 [] [] [] Tax Receiver's Appt AIbel~ Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action September 11, 2012 Page 5 Southold Town Board Meeting Minutes 2012-678 CA TEGOR Y: DEPARTMENT: Close/Use Town Roads Town Clerk American Diabetes Bike Ride 2012 Fiscal Impact: Police Department cost for Event = $117.24 RESOLVED the Town Board of the Town of Southold hereby grants permission to the Ride 2 Recovery, to use the North Road/Route 48 for a Bike Ride event for iniured veeterans on Thursda¥~ 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 1~ Adopted [] Adopted as Amended [] Det~ated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Initiator [] [3 [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiw-r's Appt Albert Krupski Jr. Seconder [] [3 [] [] [] Rescinded Louisa P. Evans Voter [] [] [3 [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action Comments regarding resolution 678 COUNCILMAN KRUPSKI: Before I second that, could 1 add to that resolution that all riders and we have never had any problems with this particular ride but I have had a lot of complaints September 11, 2012 Page 6 Southold Town Board Meeting Minutes about other bike events as far as safety goes. That all bike riders adhere to all normal rules of the road. 2012-679 CA TEGOR Y: DEPARTMENT: Employment - FI~D Accounting Fishers Island Longevity .Jesse Marshall 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 Marghall's lon 4ty increase effective September 17 2012. Vote R~eord - Resolution RE8-2012--679 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn ~luSstopher Taibot Voter [] 12] [2] : [] [] Supervisor's Appt Jill Deherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Initiator [] 13 [3 [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [~ ~ [] [] [] Supt Hgwys Appt [] No Action 2012-680 CATEGOR~ DEPARTMENT: Employment - FIFD Accounting ~4ppoint Stephanie daworowicz Seasonal PT Purser 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 - Resolution RES-2012-680 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Christopher Talbot Voter [] [] [] [] [] Withdrawn Jill Doherty Seconder [] [] [] [] [] Supervisor's Appt AIber~ KrupskiJr. Voter [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Initiator [] [] El [] [] Rescinded Scott Russcll Voter [] [] [] [] [] Town Clerk's Appt [] Supt Hgwys Appt September 11, 2012 Page 7 Southold Town Board Meeting Minutes LI~ No Action 2012-681 CA TE GO R Y: DEPARTMENT: Budget Modification Police Dept Police Department-Budget Modification Fiscal Impact: Modify the 2012 General Fund Whole 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 $11,802 $11,802 TOTAL: $11,802 Vote Record - Resolution RES-2012-681 [] Adopted [] Adopted as Amended [] Del~ated Yes/Aye No/Nay Abstain Absellt [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Christopher Talbot Initiator [] [] [] [] [] Supe~wisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Alberl Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-682 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Eat Smart New York Program Agreement W/Cornell September 11, 2012 Page 8 Southold Town Board Meeting Minutes 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 Comell Cooperative Extension in connection with the Eat Smart New York Program wherein Comell will conduct a series of workshops on food and nutrition at the Human Resource Center, ~t no cost to the Town, subject to the approval of the Town Attorney. Vote R~eord - R~lution RF.;~2011-682 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland ~ [] [] [] [] [] Withdrawn Chr/stopher Talbot Voter [] ' [] [] [] [] Supervisor's Appt Jill Doherty Initiator [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-683 C~,I TE GO R Y: DEP/IRTMENT: Attend Seminar Police Dept Police Department-ECG1A Cot~/~rence RESOLVED that the Town Board of the Town of Southold hereby grants permission to Detective Sergeant John Sinning to attend the East Coast Gang Investigators Association {ECGIA) 13tb annual conference in Rehoboth Delaware from September 10t 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. Vote Record - Resolution RE,%-2012-683 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled Willimn Ruland Initiator [] F1 [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albe~x Kmpski Jr Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] 13 Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action September 11, 2012 Page 9 Southold Town Board Meeting Minutes 2012-684 CATEGORY: DEPARTMENT: Bid Acceptance Public Works Manor Grove Septic Removal Fiscal Impact: Removal of septic system at the Manor Grove Preserve, as per a requirement of the SCDHS. This' project is funded, in 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. Vote Reeord- ResolUtion RE8-201,2~684 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] FI [] Tax Receiver's Appt Albert Krupski Jr. Initiator [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-685 CA TEGOR Y: DEPARTMENT: Employment - Town Accounting Permission to Atteml NYBEAS Seminar Accounting Dept. RESOLVED that the Town Board of the Town of Southold hereby grants permission to Town Comptroller John Cushman and Secretarial Assistant Christine Foster to attend a New York State Health Insurance Program (NYSHIP) Regional Meeting in Hau~l~au~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 Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [] [] [] [] [] Defeated [] Tabled Christopher Talbot Seconder ~ [] [] [] [] Withdrawn Jill Dohelxy Voter [] [] [] [] September 11, 2012 Page 10 Southold Town Board Meeting Minutes El Supervisor's Appt Albe~t Krupski Jr. Voter [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Initiator [] 13 [] [] [] Rescinded Scott Russell Voter [] [] [] [] [] Town Clerk's Appt [] Supt Hgwys Appt [] No Action 2012-686 CATEGORY: DEPARTMENT: Employment - FIFD Accounting Appoint Robert F. Lavin Jr. 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 [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] ~ [] [] Withdrawn Christopher Talbot Initiator [] [] [] [] [] Supervisor's Appt Jill Doherty Seconder [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] 13 [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-687 CATEGORY: DEPA R TMENT: Public Service Town Clerk Appoiut William 2 Bauer as a Temporary Marriage O['/icer 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 Yes/Aye No/Nay Abstain Absent [] Adopted [] Adopted as Amended William Ruland Seconder [] [] [] [] September 11, 2012 Page 11 Southold Town Board Meeting Minutes [2] Del~ated Christopher Talbot Voter [] [] [] [] [] Tabled Jill Doherty Initiator [] [] [] [] [] Withdrawn Albert Kmpski Jr. Voter [] Supervisor's Appt Louisa P. Evans Voter [] [] [] n [] Tax Receiver's Appt Scott Russell Voter ~ F1 ~ [] [] Rescinded [] Town Clerk's Appt [] Supt Hgwys Appt [] No Action 2012-688 CATEGORY: DEPARTMENT: Refund Human Resource Center Authorize Rq£und 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. Vote Ree°rd - R~olution RES~2012-688 [] Adopted as Amended [] Del~at ed Yes/Aye No/Nay Abstain Absent [] Tabled Willialn Ruland Initiator [] [] [] [] [] Withdlawn Christopher Talbot Voter [] [] [] [] [] Supe~wisor's Appt Jill Dohel~y Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Seconder [] [] [] [] [] Rescinded Louisa P Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-689 CA TEGOR Y: DEPARTMENT: Budget Modification Town Attorney TA Budget Mod~/ication Fiscal Impact: to cover unanticipated litigation fees./hr 2012 resulting.lO'om a 4-day trial in Supreme Court Suf. folk County September 11, 2012 Page 12 Southold Town Board Meeting Minutes 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 - Re-~lution RES-2012-689 [] Adopted [] Adopted as Amea]ded [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland 'Seconder [] [] : [] [] Voter [] [] [] [] [] Withdrawn Christopher Talbot ---- [] Supervisor's Appt Jill Doherty -- Voter [] [] [] [] [] Tax Receiver's Appt Alberl Krupski Jr. Initiator [] F1 : [] [] [] Rescinded Louisa P. Evans Voter [] : [] [] [] [] Town Clerk's Appt Scott Russell Voter ~ [] [] [] [] Supt Hgwys Appt [] No Action 2012-690 CA TE GO R Y: DEPARTMENT: Budget Modification Information Technology .( T. Budget Modification Fiscal Impact: From Unallocated Contingencies. The Fuelmaster application maintenance contract has expired and has to be renewed. This was not budgeted./hr in 2012. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 General Fund Whole Town budget as tbllows: From: A. 1990.4.100.100 Unallocated Contingencies $5600.00 To: A. 1680.4.400.565 Fuelmaster Maintenance $5600.00 Vote Record - Resolution RES-2012-690 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [] [] [] [] [] Defeated Christopher Talbot Seconder [] [] [] [] [] Tabled Jill Doherty Voter [] [] [] [] [] Withdrawn Albert Krupski Jr Voter [] [] [] [] [] Supervisor's Appt Louisa P Evans Initiator [] [] [] [] September 11,2012 Page 13 Southold Town Board Meeting Minutes [] Tax Receiver's Appt Scott Russell Voter [] [] [] [] [] Rescinded [] Town Clerk's Appt [] Supt Hgwys Appt [] No Action 2012-691 CA TEGOR Y: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Execute the Grant Application.for Federal Assistance SF-424 and Any Other Documents Necessary for Said Grant Between the Town pf 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 Proieet for the Elizabeth Field/Fishers Island Airport Layout Plan, subject to the approval of the Town Attorney. Vote R~eord - Resolution RES-2012-691 [] Adopted [] Adopted as Amended [] Del~ated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Chlsslopher Talbot Initiator [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr Voter [] [] [] [] [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-692 CATEGORY: DEPARTMENT: Employment - Town 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 fbr the Town Clerk/Records Management Department, effective September 12, 2012, at a rate of $13.78 per hour. September 11, 2012 Page 14 Southold Town Board Meeting Minutes Vote Record - Re~olution RES-2012-692 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder : [] [] [] [] [] Withdrawn Christopher Talbot Vot---'~ [] [] [] · [] [] Supervisor's Appt Jill Doherty Initiator [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [3 [] ~ [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action Comments regarding resolution 692 COUNCILWOMAN DOHERTY: This is a position that already exists, it is not a new position. We are just filling the hours on this current part time. 2012-694 CATEGOR~ DEPARTMEN~ Bid Acceptance Public Works Highway Department - Roc?f Fiscal Impact: Work to be done in house RESOLVED that the Town Board of the Town of Southold hereby reiects any and all bids for the furnishing 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 [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Initiatnr [] [] [] [] [] Wilhdrawn Christopher Talbot Voter [] [3 [] [] [] Supervisor's Appl Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scolt Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action September 11, 2012 Page 15 Southold Town Board Meeting Minutes 2012-695 CA TEGOR Y: DEPARTMENT: Authorize to Bid Public Works Highway Department Barn Roqf 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-2012-69S [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absenl ~l Tabled William Rulm~d Seconder [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Initiator [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt -- [] No Action 2012-696 CA TE GO R Y: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Execute the Mod~l~cation Agreement Form Between the Town (?f Southold and the New York Stale 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 Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Votel [] [] [] [] [] Det~ated [] Tabled Christopher lalbot Seconder [] [] [] i [] [] Withdrawn Jill Doherty Voter [] [] [] [] [] Supervisor's Appt Albert Krapski Jr. Voter [] [] [] [] [] Tax Receiver's Appt Louisa P Evans Initiator [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] September 11, 2012 Page 16 Southold Town Board Meeting Minutes 13 Town Clerk's Appt [3 Supt Hgwys Appt 13 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 11 th 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: LOCAL LAW NO. 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 205, Public Entertainment and Special Events". BE 1T ENACTED by the Town Board of the Town of Southold as fbllows: 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 fbr violations of the provisions herein. II. Chapter 205 of the Code of the Town of Southold is hereby amended as follows: September 11, 2012 Page 17 Southold Town Board Meeting Minutes September 11, 2012 Page 18 Southold Town Board Meeting Minutes §205-1. Definitions. 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: (2) (3) (4) The closing of a public street. The use, blocking or restriction of Town property, roads or fights of way; The use of amplified sound exceeding the standards set forth in Chapter 180 of the Town Code. The sale of merchandise that is not ordinarily sold in the normal course of the (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: September 11, 2012 Page 19 Southold Town Board Meeting Minutes Bo 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 facilities to host such an eventl 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 facilities to host such an eventl 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. (5) Expected numbers of automobiles and other vehicles intended to use the property at one time and collectively. (6) 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. (7) 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. (8) 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 subject to any covenant or restriction limiting 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 fights 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. B. An application fee in the following amounts for each event: September 11, 2012 Page 20 Southold Town Board Meeting Minutes (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 carded 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. (4) The designated areas of use for spectators, exhibitors, vendors, employees and organizers. (5) Location of all exits. (6) The location of all fire extinguishers and other fire safety equipment. (7) The location of all temporary utilities to be installed for the event, if any. (8) 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. (9) A traffic control plan for vehicles entering and leaving the site for the proposed event. (10) 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. (11) A description of emergency access and facilities related to the event. (12) Provisions to dispose of any garbage, trash, rubbish or other refuse. (13) Location and description of any additional lighting to be utilized in coniunction with the event. (14) Location of sanitary facilities on site. A description of any signage to be displayed adiacent to a Town, County or State road, including size, location and dates of display. September 11, 2012 Page 21 Southold Town Board Meeting Minutes 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 subject of the 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. A. 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. B. 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 iurisdiction 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, the Land Preservation Department, the Code Enforcement Department, Fire Safety Inspector, Tax Assessors and Town Attorney. C. Upon receipt of comments, the Chairperson of the Zoning Board of Appeals shall determine whether to require revisions to the proposed event application. D. 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. E. In determining whether to grant a special event permit, the Chairperson of the Zoning Board of Appeals shall consider the tbllowing: (1) The size and capacity of the site to accommodate the proposed event. (2) The facilities available. (3) The availability of highway and other means of transportation to and from the site. (4) Impact of the event on the sale 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 conti~uous to the event and to the Town in general. September 11, 2012 Page 22 Southold Town Board Meeting Minutes (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 adjacent 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 granted 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: (i) Whether the event is recurring. (ii) Whether the site has been subject to a violation within the last three years. (iii) The date the permit application was submitted. (iv) If events occurred the prior calendar year, the Chairperson of the Zoning Board of Appeals shall consider what their impact was on that area of the Town. (v) Whether the event will yield a donation to one or more local charities. (15) If an applicant is requesting a special event permit that was held the previous year, the verification must be submitted from those char/ties listed on the previous application. (16) Any other matters that relate to the health, safety 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 highway 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. September 11, 2012 Page 23 Southold Town Board Meeting Minutes 205-5. A. The special event permit issued hereunder shall be displayed on the premises during the special event and shall be available for inspection by a police officer or other enforcement officer of the Town upon request. Applications for tent permits required for any event must be submitted directly to the Building Department. Appeal from denial of a special event permit. An applicant who is denied a permit by the Chairperson of the Zoning Board of Appeals may apply to the Town Board for reconsideration of the application by filing an appeal with the Town Clerk within 10 days of the date of the denial. A complete copy of the application submitted to the Office of the Zoning Board of Appeals shall accompany the request for reconsideration. The Town Board may, following a public hearing, affirm or reverse the determination of the Chairperson subject to any conditions deemed appropriate under the circumstances. 205-6. A. Events held on Town lands. Any event held on property owned, leased or controlled by the Town or any event where the expected attendance exceeds 1,000 people shall be subject to approval by resolution ora majority the Town Board following the submission of an application to the Town Clerk sixty (60) days prior to the proposed event. In reviewing applications for such events, the Town Board may 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 sufficiency of arrangements made to control traffic, parking, noise, lighting and refuse. (3) The frequency of events proposed or approved fbr the premises and whether the frequency is so ~eat 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 tbr proper consideration ora permit application or for the September 11, 2012 Page 24 Southold Town Board Meeting Minutes 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, occupant or their agents or an,/other person who commits, takes part or assists in the commission of any such offense or who shall fail to comply with a written order of the Director of Code Enforcement, Zoning Inspector or the Southold Police Department shall be subject to the tbllowing: (1) Failure to obtain a permit. Any person conducting a special event that is regulated under this Chapter without first obtaining a permit according to the procedures outlined herein shall be subject to a fine not less than $500.00 and not more than $1,000.00. (2) Failure to comply with the terms of a permit. Any person failing to comply with the terms of a permit shall be subject to a fine of not less than $500.00 and not more than $1,500.00. For each subsequent offense, violator shall be guilty of a misdemeanor punishable by a fine not less than $500.00 nor more than $5,000.00. C. No new special event permits will be issued to any property owner, occupant or their agent if they are a named defendant in an outstanding or unresolved violation of this Chapter. D. The Town may also maintain an action or proceeding in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter. 1II. 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 September 11, 2012 Page 25 Southold Town Board Meeting Minutes 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. ~ V0ge Record - Resolution RES-2012~697 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Chr/stopher Talbot Initiator [~ [] [] [] [] Supervisor's Appt Jill Doheriy Voter fi] [] [] [] [] Tax Receiver's Appt Albe~t Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Seconder I~ [] [] [] [] Town Clerk's Appt Scott Russell Voter [] []~ ~ [] [] Supt Hgwys Appt [] No Action 2012-698 CA TEGOR Y: DEPgRTMENT: Legislation Town Attorney 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 Planning Commission and the Southold Town Planning Board for their review and recommendation. Vote Record - Resolution RES-2012-698 [] Adopted [] Adopted as Amended [] Del~ated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supelwisor's Appt Jill Doherty Initiator [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr Voter ~ [] [] ~ [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action September 11, 2012 Page 26 Southold Town Board Meeting Minutes 2012-701 CA TE GO R Y: DEPARTMENT: Grants Land Preservation USD,4-NRCS 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 Depamnent of Agriculture - Natural Resources Conservation Service (USDA-NRCS) 2012 Federal Farm and Ranch Lands Protection Program (FRPP) awarded grant in the amount of $1~314~278.30 (FY 2012 Funds), subject to the approval of the Town Attorney. Vote Record ~ Re~Oluflon RES-20t2-701 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Initiator [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Super~iso~'s Appt Jill Doherty Voter [] [] [] [] [] Tax Receiveffs Appt Albert Krupski Jr. Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-693 CA TE GO R Y: DEPARTMENT: Seqra Town Attorney SEQRA LLMmendments 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 Rights~ 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 fbr the uncoordinated review of this action and issues a Negative Declaration for the action and authorizes Supervisor Scott A. September 11, 2012 Page 27 Southold Town Board Meeting Minutes 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 [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn C~ristopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Initiator [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-699 CA TEGOR Y: DEPARTMENT: Enact Local Law Town Clerk Enact LL Chapter 260, Sound Ave, Mattituck WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffblk County, New York, on the 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 Parking 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 there/hr 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 Parking on Sound Avenue in the hamlet of Mattituck" reads as tbllows: LOCAL LAW NO. 2012 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 tbllows: 1. Purpose. September 11, 2012 Page 28 Southold Town Board Meeting Minutes 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 Sound Avenue North At all times Name of Street Side Sound Avenue South 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 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 [] Del~at ed Yes/Aye No/Nay Abstain Absent [] Tabled William Roland Seconder ~1 [] [] [] [] Witbdmwn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doherty Initiator [] [] [] [] [3 Tax Receiver's Appt Albe~ Krupski Jr. Vote~~---- [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [3 Excuscd [] Town Clerk's Appt Scott Russell Voter [] [] [3 [] [] Supt Hgwys Appt [] No Action September 11, 2012 Page 29 Southold Town Board Meeting Minutes 2012-700 CA TEGOR Y: 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 County, New York, on the 14th 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 oppommity 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 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 oft in connection with Sanitary Flow Credits". BE IT ENACTED by the Town Board of the Town of Southold as follows: L Chapter 117 of the Code of the Town of Southold is hereby amended as follows: ........ Title. §117-1. Pt:rpe:c and: ..... ' This chapter shall be known as the "Transfer of Sanitary Flow Credits" §117-t- 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 lbr the transfer of sanitary flow credits, if certain conditions are present, and thereby transfer development potential from areas designated tbr preservation to areas designated as more appropriate fur higher-density residential development. Unless expressly permitted herein, the transfer of ...... r ....... ~^*~"+: ~ .... sanitary flow credits shall not occur in the Town of Southold. September 11, 2012 Page 30 Southold Town Board Meeting Minutes {}117-23. 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 d~ 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. §117-3 4 ....... . ......... ~, .......... Apphcabili~, and general prohibition. A. Applicability. Any and all sanitary flow credit transfers within the Town of Southold shall be in accordance with this chapter. B. 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. 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. §117-35. Development Rights Bank. The Town hereby establishes a ................. }, .......... ~,.L,~ Samtary Flow Credit Bank (TDR SFC Bank) in which ",.cvc!c, pmcnt rights sanitary flow credits may be received, retained and sold by the Town Board in the best interests of the Town. All d~a~pm~a~t4gl~ 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 acvclcpmcnt ~g~kt3 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 d~ 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 fbrm approved by the Town Attorney. §117-4 _6. Sanitary flow credit transfer. September 11,2012 Page 31 Southold Town Board Meeting Minutes 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 _ ' 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. §117-5 7. Determination of sanitary flow credit to be deposited into ~ SFC Bank. 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 /hr inclusion into the Town database and GIS system. §117-68. Irreversible transfer. No ~rw~h~a~,~q~4~ sanitary flow credits shall be transferred back to the sending parcel once the development rights have been transferred. No ge~pmee, C~s sanitary flow credits may be transferred out of a parcel which has previously had all of its development rights extinguished under the Town of Southold, Suffblk 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 dcvclc, pmcnt r~g~t 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 ~ 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. September 11, 2012 Page 32 Southold Town Board Meeting Minutes 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~ 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. ......... , ~,.~.~.4~ ~ ...... ~ S it Vfl ditsshall otbetran fe d ............. , ............... , ...... j .... an ar owcre n s rte 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 Town Clerk to the applicant until the covenants and restrictions as set ibrth at § 117-9 have been filed and such filing has been approved by the Town Attorney. {}117-8 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 ora sanitary flow credit certificate to the Town Attorney, Tax Assessors Office, the Land Preservation Department, the Special Projects Coordinator and the Planning Department. September 11, 2012 Page 33 Southold Town Board Meeting Minutes {}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 Attomey. 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. C. 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, afier 10 days' written notice of the hearing, by personal service or certified mail, has been given to the property owner. §117-14 13. 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 afier 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-tg 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. SEVERABILITY. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any September 11, 2012 Page 34 Southold Town Board Meeting Minutes 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. 'Cote R~ord - Resolution R1~S-2012=700 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent I~ Tabled William Ruland ~ ~ ~ ~ [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt --~ Jill Doherty Initiator [] [] [] [] [] Tax Receive'frs Appt [] Rescinded Albert Krupski Jr. Voter [] [] [] ID [] Town Clerk's Appt Louisa P. Evans Voter [] [] [] Excused Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No ActionNext: Sep 25, 2012 7:30 PM Comments regarding resolution 700 COUNCILMAN RULAND: Mr. Supervisor, it appears to me and I will only say me, I speak for me, and we have spoken about this before that one of the reasons we have public hearings is to hear, as it says in the notice, any and all, so it is any and all people and any and all points of view as to what is presented before us, what we are proposing and the people's thoughts and comments on it. And in this particular case, people have offered very cogent statements of their interpretation of changes, while it gives me food tbr thought, it is not something I am thinking I am willing to vote on tonight, whether having a little time to think about all the comments that have been made. I don't think that two weeks is too much to ask to make sure, in my mind, I won't speak tbr anybody else. But in my mind, that whether the comments that have been made are valid or not valid and whether a final review of what's proposed is or is not in order but I am one that would always err on the side of caution and I am just saying I am not entirely sure I am prepared to vote on it tonight, l just want to be sure, that is all. COUNCILMAN TALBOT: I have got to make a comment also. I just had a couple of questions that were brought up as well. One regarding 280-9, (inaudible) properties flow under. 280-9. with no deeds in town and how many may we be affecting without having that knowledge. I don't have it tonight and I am not sold on not allowing transfer other than accessory apartments over businesses. The old taxpayers that shopkeepers always had to help pay the bills so they could keep their business open, so I also am not ready to vote on it tonight. COUNCILMAN KRUPSKI: You mean within the Town or .... COUNCILMAN TALBOT: Yes, transferred from within the town .... September 11, 2012 Page 35 Southotd Town Board Meeting Minutes COUNCILMAN KRUPSKI: Because someone had said earlier tonight about Pine Barrens credits being sold for $100,000 a credit .... COUNCILMAN TALBOT: They are. COUNCILMAN KRUPSKI: And I am trying to think of how many shop owners are going to be buying a lot of those to expand their business. COUNCILMAN TALBOT: No, that's if it was a Pine Barren credit. I am referring to... COUNCILMAN RULAND: You would have to ask the Supervisor on that. SUPERVISOR RUSSELL: You have the ability... COUNCILMAN TALBOT: I am referring to (inaudible) within Southold Town. SUPERVISOR RUSSELL: But a TDR program which was separate, distinct and what the intent of the original legislation was is something you could always bring to the table and discuss later but ! don't think we can evolve this into a TDR program. That wasn't the intent of the original legislation or the changes. COUNCILMAN TALBOT: There were a couple of things brought up by Ms. Berry, she said that there are so many sanitary flow credits out there that they would never get rid of them but if that is the case, why are they selling them for $110,000 a piece. SUPERVISOR RUSSELL: I know there are a lot of Pine Barrens credits right now that can't be located, they have asked Southold in the past to accept them and we have (inaudible) COUNCILMAN TALBOT: And I am not suggesting to bring them even, 1 don't even care from bringing them in from outside of town but there was a couple of questions I had and I would rather here a little more from the business community regarding that. Until I find out, I would rather not vote on it tonight. COUNCILWOMAN DOHERTY: But this code has always been just for affordable housing and so what ! am hearing tonight is people want to make it not just for affordable housing. SUPERVISOR RUSSELL: Right. COUNCILWOMAN DOHERTY: So the changes we are making, 1 don't see them affecting that because it is just for aftbrdable housing. We can have a future discussion of changing the code to expand it. SUPERVISOR RUSSELL: Right. September 11, 2012 Page 36 Southold Town Board Meeting Minutes COUNCILMAN TALBOT: I would like to make a motion that we table it. COUNCILWOMAN DOHERTY: I am confused with everybody saying we are changing all of that. We are not changing it tight now. SUPERVISOR RUSSELL: No, we are not. COUNCILWOMAN DOHERTY: Okay. You know, Chris just made a motion to table, I will second it just so we can have some of the questions answered. VI. Public Hearings Motion To: Motion to recess to Public Heating RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed in order to hold a public hearing. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell 9/11/12 PH ~ 4:32 PM - LL/Parking Sound Ave, Matt COUNCILMAN TALBOT: NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 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 Parking on Sound Avenue in the hamlet of Mattituck" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public heating on the aforesaid Local Law at Southold Town Hail, 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 Parking 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 Parking on Sound Avenue in the hamlet of Mattituck". BE IT ENACTED by the Town Board of the Town of Southold as ~bllows: I. Purpose. Parking and standing on Sound Avenue in the hamlet of Mattituck has resulted in conditions that impact the public health, safety and weIthre in the surrounding September 11, 2012 Page 37 Southold Town Board Meeting Minutes 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 Location Name of Street Side During Months and Hours Sound Avenue South At all times 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. I have a notice that it was posted in the Suffblk Times on September 4, 2012, that it was posted on the Town Clerk's bulletin board on August 15, 2012. 1 have a letter from Donald Wilcenski, chairman of the Planning Board 'After extensive review of the site conditions at the proposed Harbes family winery but by the Planning Board and the Southold Town Transportation Commission. The Planning Board is recommending the installation of No Parking or Standing signs along Sound Avenue. On the north side of the road, the signs should begin at Hallocks Lane and run west for approximately 350 feet. On the south side of the road, the signs should begin approximately 310 feet west of Aldrich Lane and continue west for approximately 515 feet.' And that is it. September 11, 2012 Page 38 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: Would anybody like to address the Town Board on this particular local law? (No response) RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell 9/11/12 PH ~ 4:34 PM - LL/117 Amendments COUNCILMAN TALBOT: NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 14th day of August 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 117~ Development Rights~ Transfer oft in connection with Sanitary, Flow Credits" and NOTICE IS HEREBY FURTHER GIVEN 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 oh 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 lbllows: {}117-1. Purpc.:c and intent 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 ora 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 ~br 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 deve!apmcnt ?,vtcntia! may sanitary flow credits shall not occur in the Town of Southold. September 11, 2012 Page 39 Southold Town Board Meeting Minutes §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 DEVELOPMENT R!GHT8 SANITARY FLOW CREDITS - The process by which ...... ~. ......... e,.-o 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--3_4- ~,~ · ~-vr---~---r~"""' ..... * --~r.-- -o°:n"°o ~.......°"~" Applicabilit~ and general prohibition. A. Applicability. Any and all sanitary flow credit transfers within the Town of Southold shall be in accordance with this chapter. B. 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. 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 §117-35. Development Rights Bank. The Town herehv e~tahli~hee ~ T .... C~.~ r~.,~ ..... + -~ ............................... ~. .......... e~.~o Sanitary Flow Credit Bank (TDR SFC Bank) in which ~ sanitary flow credits may be received, retained and sold by the Town Board in the best interests of the Town. All ~c¥c!~?mcnt ~g~t: sanitary flow credits transtE~ed into the bank must first be accepted by Town Board resolution in accordance with the te~s of this chapter. All receipts and proceeds/Yom sales · .~.~o sanitary flow credits sold ~om the Town bank shall be deposited into a special municipal account known as the "Community Prese~ation Fund," to be used in a manner specified in Chapter 17 of the Town Code. A. The only development d~t that may be transfe~ed into and out of the TDR SFC Bank is a sanitary flow credit. B. The lands from which ~ sanitary flow credits to be transfe~ed into the bank were acquired shall remain prese~ed in pecetuity by a pe~anent conse~ation easement or other instrument that similarly prese~es community character as defined and set fo~h in the definition of"community prese~ation" in Chapter 17 of the Town Code. The easement or other document shall be in a fo~ approved by the Town Attorney. §117-4 _6. Sanitary flow credit transfer. The sanitary flow credit transfer will allow the Town to bank sanitary flow credits from September 11, 2012 Page 40 Southold Town Board Meeting Minutes 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 pursuant t~ thi: chapter 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. §117-57. Determination of sanitary flow credit to be deposited into -T-OR SFC Bank. A. Upon receipt of a contract (executed by thc seller) for the Town's acquisition of a parcel of property or the development rights thereon, and prior to thc 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 thc closing on thc parcel, sanitary flow credits shall be placed into thc Town TDR SFC Bank by resolution of the Town Board, which resolution shall set forth the number of sanitary flow credits and thc source of thc credits. Thc Town Clerk shall maintain a log detailing thc credits transferred into thc bank, as provided by the Land Preservation Coordinator in a form approved by thc Town Board. C. The Town Clerk shall fbrward thc resolution to the Tax Assessor's office, the Land Preservation Department, thc Special Projects Coordinator and the Planning Department for inclusion into thc Town database and G1S system. §117-68. Irreversible transfer. No de~h~m~a~r~g]~ sanitary flow credits shall be transferred back to the sending parcel once the development rights have been transferred. No ~ sanitary 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 de','c!zpmcnt r'.'ght 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 ~ 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 September 11,2012 Page 41 Southold Town Board Meeting Minutes 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 d~w~qt~0m~i~ 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. ......... · ..... a:~.4~ ~ ...... ~ S it yfl dit hll otbetr ferr d ............. , ............... , ...... v .... an ar owcre ss a n ans e 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 ma,/ 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 § t 17-9 have been filed and such filing has been approved by the Town Attorney. §117-810. 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 fbr 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 ora 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. September 11, 2012 Page 42 Southold Town Board Meeting Minutes 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. ~-he 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 afibrdable 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. §11744 13. Expiration. Any sanitary flow credit transferred to a recipient for construction ora 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 aftbrdable 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 September 11,2012 Page 43 Southold Town Board Meeting Minutes 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. I have quite a bit of communications which I will go through, I have a short environmental assessment form. I have a letter from Walter Hilbert, Suffolk County. The Town Board appreciates the Health Department's review of Chapter 117 and the Board's public record will reflect that the Department of Health had no objection. 'You are correct that the Health Department has no objection to the proposed revision to the Town's sanitary flow credit program.' That is from Walter Hilbert, Suffolk County. I have a letter from Andrew Freleng, chief planner Suffolk County. 'Pursuant to the requirements of sections A 14-14 to A 14-25 of the Suffolk County administrative code, the above referenced application whish has been submitted to the Suffblk County planning Commission is considered to be a matter for local determination as there is no apparent significant county wide or inter community impacts. A decision of local determination should not be construed as either an approval or disapproval.' A letter from Mark Terry, LWRP coordinator and principal planner. 'The proposed local law has been reviewed to chapter 268, waterfront consistency review of the Town of Southold town code and the local waterfront revitalization program policy standards. Based upon the information provided to this department as well as the records available to me, it is my recommendation that the proposed action is consistent with the LWRP policy standards and therefore is consistent with the LWRP. Pursuant to chapter 268, the Town Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action.' A letter from Donald Wilcenski, chairman of the Planning Board. 'Thank you for the opportunity to provide comments on the proposed amendments to the town code referenced above. The Planning Board has reviewed the proposed amendments and supports the code amendment.' I have the notice that it was posted in the Suftblk Times on September 4, 2012 and on the Town Clerk's bulletin board on August 15, 2012. And that is it. SUPERVISOR RUSSELL: Okay. I would invite whoever would like to address the Town Board on this particular local la~v to please feel free to come tbrward. JOE FISCHETTI: Good evening, Joe Fischetti. I am a professional engineer, 1 didn't get much time to read this but I was co-chairman of the TDR committee for the Pine Barrens commission which was in the mid 90's when the Pine Barrens commission was originally being formed. 1 was also appointed by Tom Wickham fbr the town's TDR, to look at the TDR for the town. We worked a year and a half on that, came up with some recommendations but they were, again, put aside. So I have some experience with the TDR's. TDR's really are very interesting, very valuable tbr a town in preserving open space. They get to be very in preserving open space. They get to be very valuable for a community, especially in commercial, the TDR's in the Pine Barrens got to be very, very valuable. I think the TDR's in the Pine Barrens right now are probably about $100,000 a TDR which is very hard to evaluate there. They are about, i think it's an acre or whatever, but they am very valuable. The town's TDR's could be very valuable for the town. Over the years we have taken open space and we actually have just eliminated those September 11, 2012 Page 44 Southold Town Board Meeting Minutes development rights. Now we are banking them, which is really important. I find this law to be not beneficial to the town and actually not consistent with your purpose and intents. I will read from paragraph 117~2, it says this is set forth for the preservation and promotion of a broad range of housing and business opportunities to support socioeconomic and diverse communities' This does not support the business community. By you eliminating all the uses of the TDR's except for affbrdable houses hurts the businessman in town. I have two clients where we had problems with the health department and the ability to comply with their sanitary, article 6. we met all the other codes in the town, we met all the other building code, we met the planning board codes but we couldn't resolve the article 6 issue. The only way we could resolve it was with transfer of credits. Now originally we could go into the town and purchase a piece of land or within the hydrogeologic zone and take that and sterilize that and use those credits to help that business person and move them over there. You have eliminated that. I have a restaurant in town that wants to increase his seating. He meets all the other requirements, he wants to increase the seating in town. This is a business person. He can't do it because it is an old building and he has some, the full credits just don't make it. He would meet all the building codes, he would meet the planning board codes but he can't meet the article 6, so he needs those credits. So he could come to you and buy them from your bank but you won't sell it to him. Because you are only allowing it in affordable housing. Now that is short-sightedness. It really is. We could increase development in the town without, you know, getting involved in health department questions here, when you are changing it to sanitary credits, you should allow it to the health department and she should leave it up to them. They have more knowledge in this than you guys do. Now even though the health department transfers, requires both the sending zone and the receiving zone be approved, ifa person bought a piece of land in the town, they wouldn't have to go. I am not really sure how that happens, we haven't done it yet within the town but you need to encourage the use of development rights for the business community. You need to look at that, it is really important. So I am here, probably there are other business people here but that is really important. 1 think we have gone too far here to limit it only from, only for affbrdable housing and only from your bank. Now I think you need to look that over and try to think about the business community. And again, I have two people, two business people that I have as clients that you have now cut their legs off5 Thank you. COUNCILMAN KRUPSKI: Do you want to answer him? SUPERVISOR RUSSELL: No. 1 just, for clarification, this sanitary flow credit bank was established by a previous board. I will read, this is the law as it exists, that was passed in 2005. The sanitary flow credit transfer will allow the town to bank sanitary flow credits from preserved land in the TDR bank and later sell those credits fbr use exclusively in connection with aftbrdable housing. That was the intent of the board in 2005. there is no current program that allows you to buy land and move those sanitary flow credits from one parcel to another within the town. There is no such program that exists. This is to clarify an existing law that has been around since 2005. The intent and purpose of that board was for the creation of affordable housing which I see two people here tonight that availed themselves of that opportunity. September 11, 2012 Page 45 Southold Town Board Meeting Minutes MR. FISCHETTI: So you are saying in the town a business person couldn't buy a piece of land in the town, by himself, buy an acre, take those development credits and use them somewhere else. Within the health department, you would eliminate that with this. COUNCILMAN KRUPSKI: No, that is the current law. MR. FISCHETTI: Excuse me? COUNCILMAN KRUPSKI: That is the current law. MR. FISCHETTI: That is the current, no, I leave it up to the attomey's because I .... COUNCILMAN KRUPSKI.' And also, if you want to put your .... MR. FISCHETTI: Let the next speaker speak. COUNCILMAN KRUPSKI: Just to answer you, too Joe, if you want to put your face in the Suffolk County Health Department to control development in Southold Town, I'd first want you to look at the rest of Suffolk County to see what could happen. MR. FISCHETTi: I actually... COUNCILMAN KRUPSKI: You might not want that. MR. FISCHETTI: Article 6, I know what article 6 is. COUNCILMAN KRUPSKI: I know what... MR. FISCHETTI: I am not saying that, I deal with the health department all the time. I deal with engineers all the time. I have more faith in engineers than I do some of the boards, I really do. Because we get down to thcts and we get down to specifics and this is specifics, transfer of development rights goes back to article 6 which is 208 studies, a long time ago. So this is the basis of it. so it has, I am not saying development. You have zoning codes that override it. I am not saying we are overriding it. I am saying there are many facts, there is many issues here that when we get to, we can meet the planning board, we can meet the building code, we can meet the zoning code, but we can't meet article 6 because of the flows, within a size ora lot that has to do with health department. You have eliminated that. and I think you need to look at it. if that is the case then you should look at it. you should look at our business community and you should allow the use of development rights. Those are valuable credits that people in the Town of Southold could get money/br. You should allow those credits to be used throughout the town and throughout the business community. I am surprised you are not even doing that. That's what this should be saying. You are making it worse than it is. SUPERVISOR RUSSELL: What we are doing is making minor changes. The substance of the legislation is still intact. It was passed in 2005 as a means of creating aftbrdable housing. September 11, 2012 Page 46 Southold Town Board Meeting Minutes MR. FISCHETTI: Then change it. SUPERVISOR RUSSELL: Those are issues we can take up with the new master plan. I would think it would be somewhat premature to jump on TDR's befbre the land use chapter is finished. MR. FISCHETTI: I am going to leave Bill Moore to the legal end because it is different, (inaudible). WILLIAM MOORE: William Moore, local resident, former Board member. Let's not confuse health department sanitary flow with development rights. Two different things. And the confusion was, when the law was written, used development rights words and people blended them and conflated them, they are not the same. So Mr. Krupski, our town zoning dictates what our community will look like. For years we have tried to do projects in downtowns, where we say we want to do apartments over retail stores, we will do all kinds of things. And we would do the planning studies and say this is a great idea, let's have apartments for people, mixed uses, all kinds of neat things. Do all these planning studies and the health department says that is very nice but no. you don't have sufficient sanitary flow there. So 2005, the Town Board at the time and Louisa is the only member of the Board who is still on the Board now, you can help them with this. In 2005 they passed a law in conjunction with the health department to take specifically and only the sanitary flow credits from open space the town had acquired. And you said, okay, in response to concerns raised by environmental council and other groups, we can only use this for affordable housing. Great program. You make use of the town sanitary flow credits specifically for aflbrdable housing and Scott, as you have said, people have availed themselves of that. I wasn't going to get into this discussion and I am going to touch on it only lightly. A two lot subdivision in the town, approved by the Zoning Board back in like 1996 or 1998 of undersize parcels in a small community, went to the Planning Board and spent years there and years, seeking approval. They went and found a parcel of land and transferred through the health department, the sanitary flow credits. Not the development rights, only the sanitary flow credits. Planning Board did not like that and did not want to approve that subdivision. It has gone offinto litigation, it is on appeal. The question of the appeal is, the Town Board policy, because you guys have participated in that appeal, is to say the only game in town for sanitary flow credits is fbr aftbrdable housing. Nobody else can do it. until you took that stance, as Mr. Fischetti said, everyone in town had sanitary flow credits associated with their vacant land. Whether they wanted to develop it or not, they had a valuable right. By taking position that nobody can transfer sanitary flow credits except the town and except through the bank, you have eliminated already with the law from 2005 because the Planning Board took that position, the Supreme Court disagreed with that by the way, but you have appealed it. you are promoting that argument still with the court thing, this town's policy is that no one but the Town Board can transfer sanitary flow credits and only fbr aflbrdable housing. So 1 am going to piggyback what Joe said. Forget the litigation fbr a second. As a matter of public policy, is this good public policy? And I say no. he gave you specific examples of people that are restaurateurs, who own buildings that meet our town zoning, our planning, our parking, all the criteria that we care about fbr laying it out but not health department. They need to add seats and (inaudible) says no, a market for those sanitary flow credits is there to be had but fur the interpretation the Planning September 11, 2012 Page 47 Southold Town Board Meeting Minutes Board and now you have adopted but pursuing that appeal and but for this legislation which does have more than language changes in it. Pat is the reader of codes and she digs into it, she can tell you. There are substantive changes in your law here and you are slamming down transfer of sanitary flow credits to everyone else except the town. I have got to tell you, that is lousy policy. Nothing to do with TDR's on the broader scheme of taking them on hope and faith and bringing them down the HALO zone, this is specifically about satisfying the health department's criteria for sanitary issues. The town zoning is not being affected except the way you have now adopted this thing and you are just driving it home to make that point. Thank you. SUPERVISOR RUSSELL: Mr. Meinke? HOWARD MEINKE: Thank you, Scott. Thank you, Town Board. My name is Howard Meinke from Laurel. I prepared something to say because there was some very excited people sent emails about what you were doing and I, it seems to have varied a little bit but I do want to say something and 1 said it to you on the Board once before but I want to say it to the citizens in the seats fight now. That septic waste simplistically the worst offender. Nitrates is a known polluter of our waters. In May, the what are we going to do about it meeting in Huntington was held. Local, county, state and scientific representatives gathered and agreed that water pollution is very real and when they say water pollution, they are talking about ground water and surface water. This is your drinking water, your underground water, your creek water and your bay water. Water pollution is very real and demands strong local government action now. The DEC, the EPA, Lee Koppelman, Fred Thiel, Ed Romaine, Stony Brook marine scientist Chris Gobler, a representative from Cape Cod where all their inland creeks are polluted and speakers from New York State government and many more, all made the single and simple point, to save our ground and surface water we need local action now to get pollution under control. Now science is ever moving forward and intelligent people heed the results. So if we know now that we are getting pollution fi'om things that we didn't know 5 years ago was giving us pollution, that science, we should agree with science and we should make our rules set what science says. For example, President Nixon launched the EPA and then the resultant clean water and air regulations are very important. Now I was congratulating the Town Board here based on the email I got from some very aggravated people but i am going to congratulate you anyway because subjecting the sewage transfer credits to careful oversight is an important first step in getting nitrate pollution under control. Now we know that stopping pollution by preserving land and then selling off the pollution to a denser area makes no sense. Adding septic waste to already small lot size dense, untreated areas is a proven multiplier of pollution. This Town Board action which requires proper waste disposal is very important in stopping the loss of the Peconic estuary, our surface and ground water and ultimately our quality of life. This is one of the most important things that the Town Board can do right now. As I read number 117-9 section E, it is clear that sewage transfer rights must be dependent on a proper waste disposal or treatment method. That should be a group system of nitrate removal treatment. This is available now. Very simply, as science moves forward, sometimes the rights of the entire citizenry trumps those of certain private property owners. This is one of those times and it is known as good government. And I had that sentence there because the email that was so excited was all about infringing on private property rights by cutting off their sewage transfer credits and I am assuming that you went to, it is dependent on a proper sewage treatment method because you are hearing that we have sewage September 11, 2012 Page 48 Southold Town Board Meeting Minutes pollution and you are still interested in smoking out the proper anti-nitrate treatments that are available and things like that. and hopefully that is your point of view and if so, I congratulate you and I thank you. Thank you. SUPERVISOR RUSSELL: Pat, did you want to go? PATRICIA MOORE: Patricia Moore, also attorney, citizen of Southold. Joe Fischetti, I am glad he spoke first because as an engineer, you don't sometimes believe me but you heard from him. Every property has a bundle of rights. Let's call it a bundle, we are going to go back to law school 101. if any of you ever go to law school and go to real property class, you are going to learn that every property has a bundle of rights. Those bundles of rights say I could put a house on it, I could put a sanitary, every department, every agency regulates part of or one of those bundles of rights. Mr. Meinke gives you, commends you for essentially putting yourself into the place of the Suffolk County Health Department. We all operated under article 6, the sanitary regulations, we all have to comply with that. this law, as it is being proposed, is in fact taking away what every property now presently enjoys, which is the absolute right to develop; based on the health department regulations. We have zoning, we are not changing the zoning. If anything, this law undermines your zoning because you, to go through the master plan, your zoning code, you have had public heatings, you have told people what zoning district they are in. now what you are doing is saying we don't care what your zoning says you can do, we don't care that you can put a restaurant in downtown because it is a business zoned property and that is a use that is permitted. We don't care about what your zoning says because what you are saying is now that when you go to the health department, the health department is going to say well, it is very nice that you are taking the old building of Country Charm, I will give you exact examples. Country Charm here in Southold that closed up. That building, let's say a restaurant, a little boutique restaurant wants to go in there. Our zoning would allow it but the health department is going to say, no, I am sorry but based on the size and based on the size of that property, you must have certain amount of flow based on the number of seats that you propose. Arestaurant. Let's say it is a dentist office, certain medical offices have higher calculations of flow because it is more water intensive. An apartment, let's say you want to add an extra apartment over the offices. You will not be able to do that without complying with the health department. Now, not only do you have to deal with the health department but what you have said in this law is to clarify, this nomenclature, I was at the Planning Board and they said, well, this is just a nomenclature change. No, it is not a nomenclature change. It is stating outright look at 117-4, what is the applicability and general prohibitions, I will read to you what you are adopting. It says, any and all sanitary flow credit transfers within the Town of Southold shall be in accordance with this chapter. Okay? Then general prohibitions, if not expressly permitted within this chapter and the only thing you allow tbr is acquiring a sanitary credit for an aftbrdable, so there is no other permitted acquisition of sanitary credits through this program, it says the transfer of sanitary flow credits is prohibited. You are clarifying, even though and again, this is in litigation and the courts have said, no, that is not what this law was adopted for but now you are making it ultimately clear that it is in tact what you wanted to be, you wanted to say that there is no permissible use of private sanitary credits within this town. Then you go on to say all transfers of sanitary flow credits from parcels located outside the Town of Southold boundaries are prohibited. What that means is for those that don't know what exactly you mean September 11, 20 l 2 Page 49 Southold Town Board Meeting Minutes by that is pine barrens. That we have all, as taxpayers, preserved the pine barrens. That is the, the method that they used to prohibit development in the pine barrens was to give credits, sanitary credits and those properties, those property owners that need sanitary credits one option, which is available to every other town on the east end, is to go and acquire a pine barrens credit. We have already paid for it, we already preserved that land, we are just getting a benefit from the money that we spent. So that is what paragraph 2 says. Now let's go to paragraph 3, I only have to go through the first article because that is pretty much where it all is, the rest is all gobbledygook of the process. But let me tell you, the next is the kicker. All transfers of sanitary flow credits from or to properties that are not recognized pursuant to 289, what that says is 289 says it is the grandfathering of lots in this town. And what happens is, every property whether it is a small lot, a farm lot, whatever the lot might be, has to meet these criteria. The first criteria is, was it created by deed prior to 19837 And when it was created in 1983, did it meet the bulk schedule? Well, there are, I deal with properties almost on a weekly basis, that are screw ups of the past. Screw ups because in the past, I have one going right now from 1941, that is a homeowner, they bought a piece of property, his father actually bought the piece of property, he lived, grew up in the house and because a deed failed to be recorded and that was a screw up because in the old days, when the old farmer sold you the property, instead of putting a mortgage on the property they said, listen, you are going to pay me in installments and when you are done paying installments, I am going to give you the deed. Very common practice, particularly in the 40's, maybe even in the 50's. This particular person that has lived here their entire life, their father got a deed, nobody could find it, nobody recorded it. it is a property without a deed that is recorded. We find out about it, well, timing wise. One month past that 1983 date. Because it was one month past that 1983 date, the building department, the Planning Board, everyone refused to recognize that property. He grew up on that property, there is a house on that property. We have since and these are people without means, we are talking about a community from 1941, these are the old homes, these are the old families. They have had to pay for a subdivision, zoning board variances to grant, recognize an undersize lot because these were 1940, this is a half acre lot but nonetheless, it is a property. So, 289, it doesn't meet that. that is just one example. I have got lots of others because I look at them regularly. The second criteria, lots approved by planning board. Well, the one that is in litigation that is a lot that was approved by the planning board, still shows up if you look at the town's website under planning board subdivisions, still in there. But in that case, the building department said oh, no, no. The planning board, this is a lot line change, it is not recognized, the poor family went through two zoning board hearings, court actions, really got to the end were there is no development of that property left other than the value of the sanitary credit. T hat is it. it has been 15 years that they have been trying, this is a property that got bought up, it is an acre in size and to believe that in this town, an acre can't be built on is outrageous. But un/brtunately if you don't fit the peg, the town is very quick to say, sorry, you can't develop it. but what is left of it, at least the health department still recognizes the rights. Secondly, excuse me, thirdly, under 280-9, I am sorry 1 am going through this but you have to know what you are adopting and I am not sure that everybody understands the nuances of this, it is very complicated but it is kicking people in the tush. Lots on subdivisions prior to 1983, so we talked about that, lots approved by the ZBA prior to 1983, well because Southold was not always perfect and our zoning processes were not always very well run, prior to 1983 even though it wasn't legal under the town law, the zoning board did subdivisions. Finally in 1983, that got cleaned up but you know how many subdivisions were September 11, 2012 Page 50 Southold Town Board Meeting Minutes out there? That had been approved by the zoning board? It took some time before this law got into the books to clean up just a fraction of the problems that are out there of people that have owned properties from the 40's that it comes to roost under 2012. nobody knows the kind of problems that are out there but when you set forth these kind of black and white roles, ultimately it screws people. Then also finally, that section of 280-9 says and again, this is from or to properties alright? Not just from but to properties. Lots have merged. Let's say the zoning board says you know what? We are not going to approve this waiver of merger or a homeowner can't afford to go through the whole unmerging process. They have owned two properties the entire time, they continue to own two properties. The health department shows that property on the Suffolk County tax map records, which for everybody in laymans terms would be, I get two tax bills. What do you mean I don't have two properties? Well, in your provision you say those properties cannot be used for sanitary credits or to receive sanitary credits. What we are talking about in most of the hamlets, even for purpose of affordable, let's assume that we are just talking about getting an affordable added and through your program, you are dealing with most of these lots being preexisting, nonconforming lots. Otherwise, why would they need health department approval? Why would they need the sanitary credits? If every lot in this town was two acres, you don't need the sanitary credits, it's that simple. But in the code what you are saying is both, they don't meet 280-9 or that they do not contain sufficient buildable land, and that is a legal term that you have applied, as defined in 280-4. Well, buildable land means that if you have got a piece of property that is under the required zoning, acreage, let's say you have 10 acres but only 5 of them are the buildable, okay? That is fine but you can't transfer the to or from this property. So that is what just the general prohibitions provide for. That is why it is so frustrating to hear the comments that you make that is we are not changing anything, a prior board did this. No, a prior board did not and actually, I would urge you to look at the litigation papers because in the litigation papers, there were affidavits from the prior board members saying, 117 was never intended to be used the way you are using it today. The way you have argued to the courts that it should be used and now what you are doing with this law is just putting that final nail in the coffin of making sure that if the Supreme Court didn't agree that what you did before was right, you are making it just completely clear or at least attempting to, that we cannot do sanitary credits in this town, at all. Period. End of discussion. So I urge you board members, I know how some of you feel but others of you, please look at this carefully. Is this good policy? You are, are you happy with seeing downtown in Southold half empty? Store fronts that can't be developed other than for like little retail antique shops. Well, that is very nice but nobody can afford to pay the rent or live out here on selling a few antiques. So, the redevelopment of your hamlets relies on sanitary credits. The development of this town in accordance with the zoning relies on sanitary credits. Don't take that away from the homeowners fight now. Those are the rights they have right now and the health department recognizes it. what you are doing is taking them away and don't kid yourselves. That is precisely what you are doing. Thank you. SUPERVISOR RUSSELL: Who else would like to comment? Glynis? GLYNIS BERRY: Glynis Berry, Orient. I have a number of comments and questions because 1 am not clear on some things. First, I think there is a need to distinguish the transfer of development rights from sanitary flow credits. I think they are two different animals and I totally support prohibiting any sanitary flow credits in this town. I know of a case in September 1 l, 2012 Page 51 Southold Town Board Meeting Minutes Southampton where the town was trying to control subdivision and reduce the amount of build out and because the health department approved using sanitary, transfer of credits, they didn't prevail, even when they were in charge of the zoning. So I actually think a prohibition of sanitary credits should happen but it should happen absolutely and the reason for that is, there is an implication that if you transfer sanitary credits, it is okay to pollute beyond the level that is allowed by code. There are solutions that allow you to build to a higher density but you have to treat for certain things like nitrogen. And there are now options that people can put in. it costs a little bit more but maybe that is where you look at the transfer of development rights and charge for those. So I would recommend that this stay a transfer of developments right program with a prohibition of any transfer of sanitary flow credit. So that way you can still transfer development rights that protect the quality of the water and you can therefore allow development where you want it, to a higher density. So that way you are protecting the environment and allowing greater densities, either in existing conditions or where the plan wants it to be. So I really think those two need to be separated and understood clearly because we don't want to increase pollution at the same time. At the county level, I have seen a situation where they have required so many credits whether whatever you call it, that they have way more than they ever need and that number is sitting there and so the developers are saying, please free these up and basically what, if you keep all of those credits in a bank with no system for retiring them, then basically what you do is you have full build out, that somebody can eventually get to. So I would also recommend that you have a retirement program. You know, you have a target number per year and if it goes over that, you retire that number. So that you always have a maximum number of credits that are available. That also means that the town doesn't develop 30 percent in one year, you know, so it is kind of graduated. The other thing is price. You know, if you are selling development rights, what is the price? And if this is for affordable housing, don't you really want to give them away? SUPERVISOR RUSSELL: I don't think, if that is a question, I think we looked at the legality of giving them away and we found that we couldn't, so we had them valued based on their restrictive value for use as aftbrdable housing. I think the two we sold recently, the price was established at about $10,000 per credit, if I am not mistaken. In or around that ballpark. The idea is, they come with restrictive value because you have to use them for affordable housing, so they are not a free market exchange. That, the value we charge reflects that restriction. But it still keeps them within the ballpark of viability for use for affbrdable housing, that they are not priced so prohibitive. And if people are going to criticize me or board members for not accepting pine barrens credits, then that is a bullet I am willing to take. 1 don't feel the need to relieve the pressure of development in Manorville and place it in downtown Southold. I am happy to take that bullet. MS. BERRY: Now, I totally appreciate that stance and strongly support that actually. The other thing is, also at the county level, I have seen where they also have a program just aimed at aftbrdable housing and it has also been under attack for being capable of being used for public uses. For instance, you know, schools or something like that where the usage would be more than you know, what the health department would allow. So that's something to consider if there are certain public things that, you know, with no sanitary credits being transferred because we don't want to approve more than we are. So that is something to consider. Like I know you September 11, 2012 Page 52 Southold Town Board Meeting Minutes have already mentioned recreation facilities, those toilets and you know, that is an issue. Another thing is, if you do allow the transfer of sanitary flow credits, can you put a max so that there is no increase of nitrogen loading within a sub-water shed? You know, because that can overload a sub-water shed and have an environmental impact, too. SUPERVISOR RUSSELL: We tried to address that in the legislation. However, let me point out by using sanitary flow specifically for affordable housing which was the intent of the original legislation and I have the original legislation right in front of me, the reality is those affbrdable units would be occupied by people that are already living in that district, as a matter of affordable housing guidelines. So that they are already producing septic flow in that community, it is merely locating the septic flow from mom and dad's house to your new affordably apartment. MS. BERRY: But they might be in the same school district but they might be in different watersheds. SUPERVISOR RUSSELL: Good point. Good point. MS. BERRY: So, it is just something to consider. Another question is, what happens if a building can be self-contained or part of the community system? You know, technology is now, they actually re-use the waste water, so you may be having no impact on the environment, so does that mean they can build, you know, to whatever zoning? And I actually think that is a good thing but you might be forbidding that building in density under this sanitary credit. SUPERVISOR RUSSELL: I don't believe we are because those are issues we can address as part of zoning and land use. You know, the current zoning is what it is. MS. BERRY: Right, but .... SUPERVISOR RUSSELL: You are talking about... MS. BERRY: You could have a flow of sewage but if it is not going into the ground, how is that dealt with? COUNCILMAN TALBOT: Are you talking more about a gray water system? MS. BERRY: No, they actually, there is a system called the (inaudible) machine. COUNCILMAN TALBOT: It is not sewage. MS. BERRY: Where it actually recycles almost everything back into the building. SUPERVISOR RUSSELL: So that you would be able to, exact density is greater than say 4 per acre. MS. BERRY: Right. September 1 l, 2012 Page 53 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: Well, those are issues that the original code never envisioned. Those are the types of uses that we might want to include as we update the master plan, with technologies allowed us to look at those things. But again, that's, part of this legislation was to get back to the original intent. That was spelled out in the black and white letter of the law that was passed in 2005. MS. BERRY: Alfight. But I think the most important thing is really to separate transfer of development fights from sanitary credits. SUPERVISOR RUSSELL: We agree. MS. BERRY: Thank you. COUNCILMAN TALBOT: I had a question regarding that. We were talking about, you want to continue to allow transfer of development fights but not the sanitary flow credits. Is that what you are saying? MS. BERRY: Yes. COUNCILMAN TALBOT: And so you mean with a newer treatment system? MS. BERRY: Right. If you decide you want a higher density in that area, then they would be required to meet a certain purification level that matches the existing code. But what you are not, if you tbrbid the transfer of sanitary credits, that implies that you are allowing people to put in a normal septic tank to a higher density and it is polluting in that area. You know, so you are creating localized pollution. Granted, town wide, it is equal but environmentally it may not be good. COUNCILMAN KRUPSKI: You make a, it is a very good point but just to put a backdrop on that, someone just did buy, as referenced earlier, two sanitary flow credits earlier this year to put three affordable apartments in the hamlet of Mattituck, in an existing building. I have been on the board for quite a few years now. That's the first sanitary flow credits that have been sold by, since I have been on the board and we don't have that many in that school district anyway. There is less than 20. so it is not like the town is accumulating vast quantities of these and dealing them out all over the place, so this isn't a program that is out of control. MS. BERRY: But .... COUNCILMAN KRUPSKI: I understand what you are saying but just to put that as a backdrop. MS. BERRY: Right. But what I would have preferred in that case is that you allowed them a transfer of development fights and then instead of charging them, let's say there were 3 credits, instead of charging them $30,000 you forgive that in return that they have to pay the extra amount to have a better system in. you know, I think that way .... September 11, 2012 Page 54 Southold Town Board Meeting Minutes. SUPERVISOR RUSSELL: That is an interesting concept for a future discussion. In that particular case, we were simply stuck with the framework which we had. But is an interesting point for a future discussion. Thank you. COUNCILMAN KRUPSKI: Yes, it is. COUNCILMAN TALBOT: In that particular case, the person bought more than what was required by town code and they still couldn't get health department approval for the system. COUNCILMAN KRUPSKI: They didn't get... COUNCILMAN TALBOT: No. MS. BERRY: I have to also say that I am actually surprised and pleased that you got those letters from both planning and the health department because it shows that they are sensitive to the same issues. And they are the ones that are actually developing the rules that allows the credit, so the fact that they are supporting you I think is a good thing. SUPERVISOR RUSSELL: Who else would like to address the Town Board on this particular issue? (No response) RESULT: CLOSED IUNANIMOUS] MOVER: William Ruland, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell Motion To: Meeting Reconvened Meeting reconvened at P.M. RESULT: ADOPTED [UNANIMOUS] MOVER: William Ruland, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Talbot, Doherty, Krupski Jr., Russell EXCUSED: Louisa P. Evans Closing Comments Supervisor Russell SUPERVISOR RUSSELL: Does anyone want to address the Board on any issue at this time? (No response) Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 5:46 P.M. September 11, 2012 Page 55 Southold Town Board Meeting Minutes RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Talbot, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: EXCUSED: Linda J. Cooper Southold Town Deputy Clerk Ruland, Talbot, Doherty, Krupski Jr., Russell Louisa P. Evans