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HomeMy WebLinkAboutAG-11/19/2013 ELIZABETH A. NEVILLE gUfFQ(y Town Hall, 53095 Main Road TOWN CLERK ~oo~o ~o~y PO Box 1179 y ? Southold, NY 11971 REGISTRAR OF VITAL STATISTICS o g Fax (631) 765-6145 MARRIAGE OFFICER Telephone: (631) 765 - 1800 RECORDS MANAGEMENT OFFICER # www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER FINAL AGENDA SOUTHOLD TOWN BOARD November 19, 2013 4:30 PM POLICY: At scheduled Town Board meetings, the attending public is encouraged to briefly address the Town Board relating to agenda resolutions prior to their enactment; the public will also be given time at the conclusion of the regularly scheduled business agenda to address the Board on any given topic. ONLINE ACCESS: The Agenda is generally available the Friday before the meeting. The video of the meeting is usually available 1-2 hours after the meeting. Minutes with adopted resolutions are available 1-2 days after the meeting. A full copy of the minutes, agenda and meeting video can be viewed in one of two ways: (1) The town of Southold website: www.southoldtownny.gov Click on "Town Board On- Line"; Click Box "Yes" to be redirected to IQM2 and you will then be redirected to the Town Clerk online site. (2) www.townclerk.com Enter zip code 11971 in box on lower right hand side and "enter". On the left hand side of screen a dark blue box will pop up, you will see "Town of Southold, Long Island, NY", click on this and another box will pop up that will tell you that you are being directed to another site click on "Yes" to go into the Town Clerk site. Go to the date of the meeting and click on "Minutes Packet" this is the full copy of the resolutions. (Scroll to bottom of page for KEY to symbols). You can view the live video of the meeting by clicking on the camera symbol. All of this information is available 24/7. If you would like help navigating the site, please feel free to call my office 631-765-1800. CALL TO ORDER 4:30 PM Meeting called to order on November 19, 2013 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Present Absent Late Arrived Councilman James Dinizio Jr ? ? ? Councilman William P. Ruland ? ? ? Councilwoman Jill Doherty ? ? ? Councilman Christopher Talbot ? ? ? Southold Town Meeting Agenda - November 19, 2013 Page 2 Justice Louisa P. Evans ? ? ? Supervisor Scott A. Russell _ ? ? ? 1. REPORTS 1. Planning Board October 2013 2. Board of Town Trustees October 2013 3. Special Projects Coordinator October 2013 4. Program for the Disabled October 2013 5. Recreation Department Monthly Report September 2013 6. Island Group, Employee Health Care Plan Claim Lag Report 11/1/12 - 10/31/13 IL COMMUNICATIONS 111. PUBLIC NOTICES 1. New NYS Liquor License Application C & L Realty Inc d/b/a Heron Harbor Suites, 61600 Main Rd., Southold Steven Sciara for Uncle Joe's of Mattituck, 13500 Main Rd., Store 1 & 2, Mattituck IV. DISCUSSION 1. 9:00 AM - John Cushman - 2014 Budget 2. 9:30 AM - Mark Terry Habitat Restoration Projects for Inclusion in PEP Restoration Plan 3. 9:45 AM - Mark Terry, Michael Collins and Jamie Richter - Goldsmiths Inlet Dredging Recommendations 4. 10:15 AM - Jamie Richter - No Parking on Village Lane in Orient 5. 10:30 AM - Elizabeth Neville, John Sepenoski and Lloyd Reisenberg GIS Grant/Laserfiche Upgrade Southold Town Meeting Agenda - November 19, 2013 Page 3 6. Change of Zone Request for 95 Factory Avenue, Mattituck 7. Request from Legislator Krnpski for Support of Assembly Bill A6428 to Amend the Environmental Conservation Law to Allow the 5 East End Towns to Adopt Local Laws in Certain Cases Related to the Taking of Wild Deer 8. LL/Superstorm Sandy Assessment Relief Act (Public Hearing This Afternoon) 9. Old Main Road Water Map Amendment, SCTM 41000-126-2-2 10. Executive Session - 12:30 PM - Melissa Spiro Proposed Property Acquisition, publicity of which would substantially affect the value thereof 11. Executive Session - Labor Matters involving employment of particular person(s) 12. Executive Session - Litigation Diane Ferruzzi v. Southold Town Highway Department and Joseph C. Blados Sanford & Elizabeth Friemann v. ZBA Katherine A. Haas v. Town of Southold et al. MINUTES APPROVAL RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Wednesday, August 07, 2013 RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, August 13, 2013 RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, August 27, 2013 RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, September 10, 2013 RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, September 24, 2013 V. RESOLUTIONS 2013-814 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit Southold Town Meeting Agenda - November 19, 2013 Page 4 RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated November 19, 2013. V Vote Record Resolution RES 2013 814 C. ? Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr ? ? ? ? ? Withdrawn William P. Roland ? ? ? ? ? Supervisor's Appt Jill Doherty ? ? ? ? ? Tax Receiver's Appt ? Rescinded Christopher Talbot ? ? ? ? ? Town Clerk's Appt Louisa P. Evans ? ? ? ? ? Supt Hgwys Appt Scott A. Russell ? ? ? ! ? ? No Action ? Lost 2013-815 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Set Next Regular Meeting RESOLVED that the neat Regular Town Board Meeting of the Southold Town Board be held, Tuesday, December 3, 2013 at the Southold Town Hall, Southold, New York at 7:30 P.M.. ? Vote Record Resolution RES 2013-815 ? Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr ? ? ? ? ? Withdrawn William P. Roland ? ? ? ? ? Supervisor's Appt ? Tax Receiver's Appt Jill Doherty ? ? ? ? ? Rescinded Christopher Talbot ? ? ? ? ? Town Clerk's Appt Louisa P. Evans ? ? ? ? ? Supt Hgwys Appt Scott A. Russell ? ? ? ? ? No Action ? Lost 2013-816 CATEGORY: Attend Seminar DEPARTMENT: Police Dept Southold Town Meeting Agenda - November 19, 2013 Page 5 Chief to Attend IACP Conference RESOLVED that the Town Board of the Town of Southold hereby grants permission to Chief Martin Flatley to attend the 2013 International Association of Chiefs of Police Conference in Philadelphia, PA from October 20-22, 2013. All expenses for registration and travel to be a legal charge to the 2013 Police budget training & travel reimbursement lines, A.3120.4.600.200 and A.3120.4.600.300. ? Vote Record Resolntion RES 2013-816 ? Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr ? ? ? ? ? Withdrawn William P. Ruland ? ? ? ? ? Supervisor's Appt Jill Doherty ? ? ? ? ? Tax Receiver's Appt ? Rescinded Christopher Talbot ? ? ? ? ? Town Clerk's Appt Louisa P. Evans ? ? ? ? ? Supt Hgwys Appt Scott A. Russell ? ? ? ? ? No Action ? Lost 2013-817 CATEGORY.- Contracts, Lease & Agreements DEPARTMENT. Solid Waste Management District HHW Contract Extension RESOLVED that the Town Board of the Town of Southold hereby implements the option year clause of its contract with MXI Environmental Services, LLC for the collection and removal of household hazardous wastes (HHW) through the 2014 calendar year, in accordance with the Town's DEC approved HHW program, at the prices submitted by MXI in its bid of November 23, 2011 which represent no increase over current pricing, such contract extension being at the sole and complete option of the Town, all in accordance with the Town Attorney. ? Vote Record '.Resolution RES 2613 817 ? Adopted Yes/Aye No/Nay Abstain Absent ? Adopted as Amended ? Defeated James Dinizio Jr ? ? ? ? ? Tabled William P. Ruland ? ? ? ? ? Withdrawn Jill Doherty ? ? ? ? ? Supervisor's Appt ? Tax Receiver's Appt Christopher Talbot ? ? ? ? ? Rescinded Louisa P. Evans ? ? ? ? ? Town Clerk's Appt Scott A. Russell ? ? ? ? ? Supt Hgwys Appt - ? No Action Southold Town Meeting Agenda - November 19, 2013 Page 6 ? Lost 2013-818 CATEGORY.- Bid Acceptance DEPARTMENT. Solid Waste Management District SWMD Surplus Equipment Bid Acceptance and Re-Bid RESOLVED that the Town Board of the Town of Southold hereby accepts the bids received on November 7, 2013 for surplus items from the Solid Waste District as declared in Town Board Resolution 2013-725 as follows: Item Bidder Price • 1979 Mack Tractor Devino Used Trucks and Parts $3,850.00 • 40 cu-yd roll off container Robert Pfluger $ 513.13 • Mi-Tim pressure washer Robert Pfluger $ 113.13 • 1000-gallon diesel tank Village of Greenport $ 150.00 all in accordance with the Town Attorney; and be it further RESOLVED that the Town Board authorizes and directs the Town Clerk to re-advertise for the sale of other items listed in Town Board Resolution # 2013-725 for which minimum bids were not received, and further authorizes the Solid Waste Coordinator to research appropriate on line outlets for the advertisement of several of those items and to purchase an advertisement(s) for same if necessary. ? Vote Record Resolution RES 2013 818 ? Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr ? ? ? ? ? Withdrawn William P. Ruland ? ? ? ? ? Supervisor's Appt Jill Doherty ? ? ? ? ? Tax Receiver's Appt ? Rescinded Christopher Talbot ? ? ? ? ? Town Clerk's APpt Louisa P. Evans ? ? ? ? ? Supt Hgwys Appt Scott A. Russell ? ? ? ? ? No Action ? Lost 2013-819 CATEGORY.- Employment - FIFE) Southold Town Meeting Agenda - November 19, 2013 Page 7 DEPARTMENT: Accounting Amend Resolution No. 2013-809 RESOLVED that the Town Board of the Town of Southold hereby amends Resolution No. 2013- 809 dated November 6, 2013 to read as follows: RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted November 4, 2013 concerning the appointment of Jonathan Haney as part time Captain. ? Vote Record Resolution RES 2013 819 ? Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr ? ? ? ? ? Withdrawn William P. Ruland ? ? ? ? ? Supervisor's Appt Jill Doherty ? ? ? ? ? Tax Receiver's Appt ? Rescinded Christopher Talbot ? ? ? ? ? Town Clerk's Appt Louisa P. Evans ? ? ? ? ? Supt Hgwys Appt Scott A Russell ? ? ? ? ? No Action ? Lost 2013-820 CATEGORY.- Budget Modification DEPARTMENT: Recreation BudgetModification for Recreation Department Financial Impact: Additional appropriation for youth programs, dues and subscriptions, and auto repairs. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2013 General Fund Whole Town budget as follows: From: A7180.1.300.100 Beaches, Seasonal, Regular Earnings $2,200 Total $2,200 To: A7020.4.500.420 Recreation, Youth Program Instructors $1,000 A7020.4.100.150 Recreation, Youth Program Supplies 700 A7020.4.400.650 Recreation, Vehicle Maintenance & Repair 450 A7020.4.600.600 Recreation, Dues & Subscriptions 50 Southold Town Meeting Agenda - November 19, 2013 Page 8 Total $2,200 ? Vote Record Resolution RE'S 2013820 ? Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr ? ? ? ? ? Withdrawn William P. Ruland ? ? ? ? ? Supervisor's Appt Jill ll - Doherty ? ? ? ? ? Tax Receiver's Appt ? Rescinded Christopher Talbot ? ? ? ? ? Town Clerk's Appt Louisa P. Evans ? ? ? ? ? Supt Hgwys Appt Scot[ A Russell ? ? ? ? ? No Action ? Lost 2013-821 CATEGORY.- Budget Modification DEPARTMENT: Accounting Modify the 2013 Budget Financial Impact: Provide appropriations for unanticipated Retirement System billing adjustments including Prior Year Adjustments and Reconciliation ofMarch 2013 salaries estimated to actual RESOLVED that the Town Board of Town of Southold hereby modifies the 2013 budget as follows: General Fund Whole Town From: A.3120.1.100.100 Police, Full Time Regular Earnings $247,000 A.9030.8.000.000 Social Security 60,000 A.9040.8.000.000 Workers Compensation 27,800 A.9055.8.000.100 CSEA Benefit Fund 12,000 A.9055.8.000.300 Disability Insurance 1,400 A.9060.8.000.000 Medical Insurance 95,800 Totals $444,000 To: A.9010.8.000.000 NYS Retirement, ERS $ 103,200 A.9015.8.000.000 NYS Retirement, PFRS 340,800 Totals $444,000 Highway Fund Part Town From: D13.9030.8.000.000 Social Security $ 650 Southold Town Meeting Agenda - November 19, 2013 Page 9 DB.9040.8.000.000 Workers Compensation 18,625 DB.9055.8.000.000 CSEA Benefit Fund 1,425 DB.9055.8.000.200 Employee Assistance Program 300 DB.9730.6.000.000 BAN Principal 1,000 DB.9730.7.000.000 BAN Interest 1,150 DB.9901.9.000.000 Transfers to Health Plan 17,000 Totals $ 40,150 To: DB.9010.8.000.000 NYS Retirement, ERS $ 40,150 Totals $ 40,150 Solid Waste District From: SR.9040.8.000.000 Workers Compensation $ 2,775 Totals $ 2,775 To: SR.9010.8.000.000 NYS Retirement, ERS $ 2,775 Totals $ 2,775 ? Vote Record Resolution RFS 201J 821 'J. ? Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr ? ? ? ? ? Withdrawn William P. Ruland ? ? ? ? ? Supervisor's Appt Jill Doherty ? ? ? ? ? Tax Receiver's Appt ? Rescinded Christopher Talbot ? ? ? ? ? Town Clerk's Appt Louisa P. Evans ? ? ? ? ? Supt Hgwys Appt Scot[ A. Russell ? ? ? ? ? No Action ? Lost 2013-822 CATEGORY.- Employment - Town DEPARTMENT. Accounting Appoint Seasonal Police Officer RESOLVED that the Town Board of the Town of Southold hereby appoints Michael Sillico to the position of Seasonal Police Officer for the Southold Town Police Department, effective November 18, 2013, at a rate of $20.81 per hour. ? Vote Record Resolution RES 201J 822 'J. ? Adopted...... ? Adopted as Amended Yes/Aye No/Nay Abstain Absent Southold Town Meeting Agenda - November 19, 2013 Page 10 ? Defeated James Dinizio Jr ? ? ? ? ? Tabled William P. Ruland ? ? ? ? ? Withdrawn ? Supervisor's Appt Jill Doherty ? ? ? ? ? Tax Receiver's Appt Christopher Talbot ? ? ? ? ? Rescinded Louisa P. Evans ? ? ? ? ? Town Clerk's Appt ? Supt Hgwys Appt Scott A. Russell ? ? ? ? ? No Action ? Lost 2013-823 CATEGORY: Employment - Town DEPARTMENT: Accounting Place Seasonal Police Officer on Leave ofAbsence RESOLVED that the Town Board of the Town of Southold hereby places Seasonal Police Officer Michael Sirico on a leave of absence effective November 18, 2013, pending further action by the Town Board prior to the start of the 2014 summer season. ? Vote Record '.Resolution RES 2013823 ? Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr ? ? ? ? ? Withdrawn William P. Ruland ? ? ? ? ? Supervisor's Appt Jill Doherty ? ? ? ? ? Tax Receiver's Appt ? Rescinded Christopher Talbot ? ? ? ? ? Town Clerk's Appt Louisa P. Evans ? ? ? ? ? Supt Hgwys Appt Scott A. Russell ? ? ? ? ? No Action ? Lost 2013-824 CATEGORY: Refund DEPARTMENT: Zoning Board of Appeals Authorize a Refund of $750.00 to Duck Walk Vineyards, Inc. RESOLVED the Town Board of the Town of Southold hereby authorizes a refund in the Southold Town Meeting Agenda - November 19, 2013 Page 11 amount of $750.00 to Duck Walk Vineyards, Inc. for Permits No's. 234, 235, 236, 239 and 241 that should have been submitted under one permit fee. Refund should be sent to: Duck Walk Vineyards, Inc., KK Account, 591 Bicycle Path, Suite A, Port Jefferson, New York 11776. ? Vote Record Resolution RES 2013 824 ? Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr ? ? ? ? ? Withdrawn William P. Ruland ? ? ? ? ? Supervisor's Appt ? Tax Receiver's Appt Jill Doherty ? ? ? ? ? Rescinded Christopher Talbot ? ? ? ? ? Town Clerk's Appt Louisa P. Evans ? ? ? ? ? Supt Hgwys Appt Scott A. Russell ? ? ? ? ? No Action ? Lost 2013-825 CATEGORY.- Authorize to Bid DEPARTMENT. Town Clerk 2014 Yearly Town Bids RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the following items for 2014: Milk for the Human Resource Center Purchase of Police Department Uniform Clothing Cleaning of Police Department Uniform Clothing Gasoline for Town Vehicles Heating Fuel Oil for Town Buildings Diesel Fuel Oil for Highway Department and Transfer Station Bulk Ice Control Sand for the Highway Department Removal of Scrap Tires from the Transfer Station Propane for various Town facilities ? Vote Record Resolution RES 2013 825 ? Adopted Yes/Aye No/Nay Abstain Absent ? Adopted as Amended James Dinizio Jr ? ? ? ? ? Defeated ? Tabled William P. Ruland ? ? ? ? ? Withdrawn Jill Doherty ? ? ? ? ? Supervisor's Appt Christopher Talbot ? ? ? ? ? Tax Receiver's Appt ? Rescinded Louisa P. Evans ? ? ? ? Southold Town Meeting Agenda - November 19, 2013 Page 12 ? Town Clerk's Appt Scott A. Russell ? ? ? ? ? Supt Hgwys Appt ? No Action ? Lost 2013-826 CATEGORY: Attend Seminar DEPARTMENT: Town Attorney TA to Attend Seminar on 1215113 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Town Attorney, Martin D. Finnegan, to attend the seminar entitled "Hot Issues in Land Use and Municipal Law" at the Suffolk County Bar Association Center in Hauppauge, New York, on December 5, 2013. All expenses for registration and travel are to be a charge to the 2013 Town Attorney budget. ? Vote Record Resolution RES 2013 826 ? Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr ? ? ? ? ? Withdrawn William P. Ruland ? ? ? ? ? Supervisor's Appt - Jill l Doherty ? ? ? ? ? Tax Receiver's Appt ? Rescinded Christopher Talbot ? ? ? ? ? Town Clerk's Appt Louisa P. Evans ? ? ? ? ? Supt Hgwys Appt Scott A. Russell ? ? ? ? ? No Action ? Lost 2013-827 CATEGORY: Authorize Payment DEPARTMENT: Town Attorney Authorize Settlement Payment in Merkle Litigation RESOLVED that the Town Board of the Town of Southold hereby authorizes the settlement of the litigation entitled "James and Elvia Merkle v. Town of Southold, et al.", and further authorizes payment in the sum of $10,000 to Plaintiffs in full settlement of all claims asserted against the Town of Southold, subject to the approval of the Town Attorney. Southold Town Meeting Agenda - November 19, 2013 Page 13 ? Vote Record '.Resolution RE52013-827 ? Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr ? ? ? ? ? Withdrawn William P. Ruland ? ? ? ? ? Supervisor's Appt ? Tax Receiver's Appt Jill Doherty ? ? ? ? ? Rescinded Christopher Talbot ? ? ? ? ? Town Clerk's Appt Louisa P. Evans ? ? ? ? ? Supt Hgwys Appt Scott A. Russell ? ? ? ? ? No Action ? Lost 2013-828 CATEGORY.- Contracts, Lease & Agreements DEPARTMENT. Human Resource Center Execute Contract with Cornell Cooperative Ext. for Senior Nutrition Education Program at HRC RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the renewal Agreement between the Town of Southold and Cornell Cooperative Extension in connection with the Eat Smart New York Program for 2013 wherein Cornell will conduct a six week series of educational workshops on food and nutrition to seniors at the Human Resource Center during November and December 2013, at no cost to the Town, subject to the approval of the Town Attorney. ? Vote Record Resolution RES 2013 828 ? Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr ? ? ? ? ? Withdrawn William P. Ruland ? ? ? ? ? Supervisor's Appt Jill Doherty ? ? ? ? ? Tax Receiver's Appt ? Rescinded Christopher Talbot ? ? ? ? ? Town Clerk's Appt Louisa P. Evans ? ? ? ? ? Supt Hgwys Appt Scott A. Russell ? ? ? ? ? No Action ? Lost 2013-829 Southold Town Meeting Agenda - November 19, 2013 Page 14 CATEGORY.- Budget Modification DEPARTMENT. Solid Waste Management District SWMD Budget Mods Financial Impact: To cover needed supplies for overdrawn lines. Expect to be sufficient through end of year for refrigerant removal and Volvo lines. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2013 Solid Waste Management District budget as follows: From: SR 8160.4.400.655 (Repairs CAT Loader) $ 660.00 SR 8160.2.500.600 (Misc. Sanitation Equip) $ 500.00 Total $1,160.00 To: SR 8160.4.400.850 (Refrigerant Removal) $ 560.00 SR 8160.4.100.125 (Misc. Supplies) $ 100.00 SR 8160.4.100.552 (Supplies Volvo Loader) $ 500.00 Total $1,160.00 V Vote Record Resolution RES 2013 829 ? Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr ? ? ? ? ? Withdrawn William P. Roland ? ? ? ? ? Supervisor's Appt Jill Doherty ? ? ? ? ? Tax Receiver's Appt ? Rescinded Christopher Talbot ? ? ? ? ? Town Clerk's Appt Louisa P. Evans ? ? ? ? ? Supt Hgwys Appt Scott A. Russell ? ? ? ! ? ? No Action ? Lost 2013-830 CATEGORY.- Contracts, Lease & Agreements DEPARTMENT. Town Attorney First Amendment to Agreement/Port Security Grant Program RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the First Amendment to Agreement between the Town of Southold Town Meeting Agenda - November 19, 2013 Page 15 Southold and the County of Suffolk, acting through its duly constituted Sheriff's Office, in connection with the NYS Office of Homeland Security Port Security Grant Program regarding grant funds in the sum of $191,410.00 for the term commencing on January 1, 2013 and ending on May 31, 2014, with a one year renewal option, subject to the approval of the Town Attorney. ? Vote Record Resolution RFS 2013 830 'J. ? Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr ? ? ? ? ? Withdrawn William P. Ruland ? ? ? ? ? Supervisor's Appt ? Tax Receiver's Appt Jill Doherty ? ? ? ? ? Rescinded Christopher Talbot ? ? ? ? ? Town Clerk's APpt Louisa P. Evans ? ? ? ? ? Supt Hgwys Appt Scott A. Russell ? ? ? ? ? No Action ? Lost 2013-831 CATEGORY: Refund DEPARTMENT: Town Clerk Refund Yard Sale Fee RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund of $30.00 to Rosemary Chirco, 45 Longfellow Drive, Kings Park, NY 11754 for an un-used 2 day yard sale permit due to an injury. ? vote Record Resolution R1S 2013831 ? Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr ? ? ? ? ? Withdrawn William P. Ruland ? ? ? ? ? Supervisor's Appt Jill Doherty ? ? ? ? ? Tax Receiver's Appt ? Rescinded Christopher Talbot ? ? ? ? ? Town Clerk's Appt Louisa P. Evans ? ? ? ? ? Supt Hgwys Appt Scott A. Russell ? ? ? ? ? No Action ? Lost Southold Town Meeting Agenda - November 19, 2013 Page 16 2013-832 CATEGORY.- Bond DEPARTMENT. Planning Board Performance Bond Financial Impact: none RESOLVED, that the Town Board of the Town of Southold hereby accepts the Site Improvement Bond No. 61831455 issued by Western Surety Company in the amount of $8,200 for the proposed Clustered Standard Subdivision of Conkling Point Estates, Suffolk County Tax Map #1000-53-4-44.1, located on the west side of Kerwin Boulevard, approximately 575 feet west of August Lane in Greenport, as recommended by the Southold Town Planning Board, all in accordance with the approval of the Southold Town Attorney. ? Vote Record Resolution RES 2013 832 ? Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr ? ? ? ? ? Withdrawn William P. Ruland ? ? ? ? ? Supervisor's Appt Jill Doherty ? ? ? ? ? Tax Receiver's Appt ? Rescinded Christopher Talbot ? ? ? ? ? Town Clerk's Appt Louisa P. Evans ? ? ? ? ? Supt Hgwys Appt Scot[ A. Russell ? ? ? ? ? No Action ? Lost 2013-833 CATEGORY.- Attend Seminar DEPARTMENT. Town Clerk Mandatory NYS DEC Sporting License Training Financial Impact: 11/19/13 A.1410.4.600.300 Town Clerk Travel $51.46 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Carol Hydell, Town Clerk's Office , to attend a mandatory training seminar on the new program system of the New York State DECALS Sporting Licenses in Ronkonkoma, New York on November 18, 2013. All expenses training for travel to be a legal charge to the 2013 budget (meetings and seminars) A. 1410.4.600.300. Southold Town Meeting Agenda - November 19, 2013 Page 17 ? Vote Record '.Resolution RE52013-833 ? Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr ? ? ? ? ? Withdrawn William P. Ruland ? ? ? ? ? Supervisor's Appt ? Tax Receiver's Appt Jill Doherty ? ? ? ? ? Rescinded Christopher Talbot ? ? ? ? ? Town Clerk's Appt Louisa P. Evans ? ? ? ? ? Supt Hgwys Appt Scot[ A. Russell ? ? ? ? ? No Action ? Lost 2013-834 CATEGORY.- Contracts, Lease & Agreements DEPARTMENT. Town Clerk NYS DEC License Issuing AgentAgreement RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Town Clerk Elizabeth A. Neville to execute a License Issuing Agent agreement with the New York State Department of Environmental Conservation in connection with the issuance of hunting and fishing licenses, all in accordance with the approval of the Town Attorney. ? Vote Record Resolution RES 2013-834 ? Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr ? ? ? ? ? Withdrawn William P. Ruland ? ? ? ? ? Supervisor's Appt ? Tax Receiver's Appt Jill Doherty ? ? ? ? ? Rescinded Christopher Talbot ? ? ? ? ? Town Clerk's Appt Louisa P. Evans ? ? ? ? ? Supt Hgwys Appt Scott A. Russell ? ? ? ? ? No Action ? Lost 2013-835 CATEGORY.- Authorize to Bid DEPARTMENT. Public Works Southold Town Meeting Agenda - November 19, 2013 Page 18 Bid for BLDG at Highway/DPW Yard RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the erection of an MBMI pre-fabricated building at the Town's Highway/DPW Yard, including construction of a concrete foundation and floor, in accordance with specifications prepared by the Office of the Town Engineer. ? Vote Record '.Resolution RE52013-835 ? Adopted ? Adopted as Amended Yes/Aye No/Nay Abstain Absent ? Defeated ? Tabled James Dinizio Jr ? ? ? ? ? Withdrawn William P. Ruland ? ? ? ? ? Supervisor's Appt Jill Doherty ? ? ? ? ? Tax Receiver's Appt ? Rescinded Christopher Talbot ? ? ? ? ? Town Clerk's Appt Louisa P. Evans ? ? ? ? ? Supt Hgwys Appt Scott A. Russell ? ? ? ? ? No Action ? Lost 2013-836 CATEGORY: Litigation DEPARTMENT: Town Attorney Retain Franklsler as Special CounsellFriemann Action RESOLVED that the Town Board of the Town of Southold hereby retains Frank A. Islet, Esq. as Special Counsel in the Supreme Court, Suffolk County civil action entitled "Sanford Friemann and Elizabeth Friemann v. ZBA" under Index No. 13-27015. ? Vote Record '.Resolution RE52013-836 ? Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr ? ? ? ? ? Withdrawn William P. Ruland ? ? ? ? ? Supervisor's Appt Jill Doherty ? ? ? ? ? Tax Receiver's Appt ? Rescinded Christopher Talbot ? ? ? ? ? Town Clerk's APpt Louisa P. Evans ? ? ? ? ? Supt Hgwys Appt Scott A. Russell ? ? ? ? ? No Action ? Lost Southold Town Meeting Agenda - November 19, 2013 Page 19 2013-837 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Service Agreement W/Taylor-Air Ina/HRC RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Service Agreement between the Town of Southold and Taylor-Air Inc. in connection with maintenance and cleaning of all refrigeration systems at the Human Resource Center, for a term of one year at a cost of $1,810.68, subject to the approval of the Town Attorney. ? Vote Record Resolution RES 2013 837 ? Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr ? ? ? ? ? Withdrawn William P. Ruland ? ? ? ? ? Supervisor's Appt ? Tax Receiver's Appt Jill Doherty ? ? ? ? ? Rescinded Christopher Talbot ? ? ? ? ? Town Clerk's APpt Louisa P. Evans ? ? ? ? ? Supt Hgwys Appt Scott A. Russell ? ? ? ? ? No Action ? Lost 2013-838 CATEGORY: Support/Non-Support Resolution DEPARTMENT: Town Attorney Support Bill A-6428 WHEREAS, there is pending in the Environmental Conservation Committee of the New York State Legislature a Bill No. A-6428 which seeks to amend §11-903 of the Environmental Conservation Law to authorize the Town of Southold and other East End Towns to adopt local laws in certain cases related to taking wild deer; and WHEREAS, the Town Board of the Town of Southold acknowledges that the overpopulation of white tailed deer is a crisis plaguing our Town and the entire East End of Long Island resulting in an epidemic of tick-borne illnesses, the degradation of our natural resources and agriculture operations and a proliferation of motor vehicle accidents; and WHEREAS, the Town Board of the Town of Southold is in receipt of a request from Legislator Albert Krupski for support of a request to the New York State Assembly to move Bill A-6428 Southold Town Meeting Agenda - November 19, 2013 Page 20 out of the Environmental Conservation Committee so it can be promptly considered by the whole of the New York State Assembly; and WHEREAS, the Town Board of the Town of Southold believes that the ability to pass local laws relating to the taking of white tailed deer would greatly enhance the Town's ongoing deer management efforts; now, therefore, be it RESOLVED that the Town Board of the Town of Southold fully supports Legislator Krupski's request to Assemblyman Robert K. Sweeney to move Bill A6428 to a vote as promptly as possible and further authorizes Supervisor Scoott A. Russell to execute any documents required in support of this important legislation. ? Vote Record Resolnttan RES 2013-838 ? Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr ? ? ? ? ? Withdrawn William P. Ruland ? ? ? ? ? Supervisor's Appt Jill Doherty ? ? ? ? ? Tax Receiver's Appt ? Rescinded Christopher Talbot ? ? ? ? ? Town Clerk's Appt Louisa P. Evans ? ? ? ? ? Supt Hgwys Appt Scott A. Russell ? ? ? ? ? No Action ? Lost 2013-839 CATEGORY.- Enact Local Law DEPARTMENT. Town Clerk Enact LL/Amendments to Chapter 245 WHEREAS, there has been resented to the Town Board of the Town of Southold, Suffolk County, New York, on the 8t day of October, 2013, a Local Law entitled "A Local Law in relation to Amendments to Chapter 245, Taxation, to Enact the Business Investment Exemption", and WHEREAS that 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, and 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 245, Taxation, to Enact the Business Investment Exemption" reads as follows: LOCAL LAW NO. 2013 Southold Town Meeting Agenda - November 19, 2013 Page 21 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 245, Taxation, to Enact the Business Investment Exemption". BE IT ENACTED by the Town Board of the Town of Southold as follows: L Purpose. New York State Real Property Tax Law §485-b establishes a framework for counties to work with other local governments to encourage economic development that is consistent with the master plans of their communities and crafted in conformity with the needs of their residents, businesses and environment. Suffolk County has created the Industrial Commercial Incentive Board to work with the Towns within the County to create a Strategic Industries Property Tax Abatement Plan, which includes the Industrial/Commercial Incentive Plan, Town of Southold, to attract and encourage business growth, allowing the Town to target tax incentives to businesses that make improvements to real property in areas identified by the Town. In accordance with the Strategic Industries Property Tax Abatement Plan, the Town is enacting this exemption to encourage targeted economic development, and the value of the exemption is justified by the need to provide employment opportunities and broaden the tax base in designated areas within the Town of Southold. II. Chapter 245 of the Code of the Town of Southold is hereby amended as follows: ARTICLE II Targeted Business Investment Exemption §2 45 7. Exemption r-epealed. Pursumt *F) the aukthefity of Subdivision 7 of § 495 b of the Real Pfepei4y Tax Law, the paAial b is hefeby fepeftled ifisafhff ftssueh exemptien Would have been appheable to eligible feal §245-7. Exemption granted. A. Real property constructed, altered, installed or improved subsequent to the effective date of this Article for the purpose of commercial, business or industrial activities that are set forth in the Industrial/Commercial Incentive Plan, Town of Southold, permitted uses pursuant to Chapter 280, Zoning and which are identified parcels in the Industrial/Commercial Incentive Plan, Town of Southold shall be eligible for an exemption from taxation and special ad valorem levies from each school district located within the area within which said exemption shall apply unless such school district, by resolution, shall determine that such exemptions shall not be applicable to its tax and ad valorem levies. For the purposes of this section, the terms "construction," "alteration," "installation" and "improvement" shall not include ordinary maintenance and repair. B. This exemption shall only apply to those projects where the cost of such construction, alteration, installation or improvements exceeds the sum of $50,000. The amount of the exemption shall be calculated by taking the increase in the assessed value of such real property attributable to such construction, alteration, installation or improvement and Southold Town Meeting Agenda - November 19, 2013 Page 22 reducing that increase in the assessed value of such real property, on a declining percentage basis, pursuant to the following accelerated strategic exemption schedule: Year of Exemption Percentage of Exemption 1 50% 2 50% 3 50% 4 40% 5 30% 6 20% 7 10% 8 10% 9 10% 10 5% C. No exemption shall be granted unless such construction, alteration, installation or improvement is completed as may be evidenced by a certificate of occupancy or other appropriate documentation as provided by the owner. D. Application: (1) Such exemption shall be granted only upon application by the owner of such real property on a form prescribed by the New York State Department of Taxation and Finance. Such application shall be filed with the Assessor of the Town having the power to assess property for taxation on or before the appropriate taxable status date of the Town or County and within one year from the date of completion of such construction, alteration, installation or improvement. (2) If the Assessor is satisfied that the applicant is entitled to an exemption pursuant to this Article, he or she shall approve the application and such real property shall thereafter be exempt from taxation and special ad valorem levies, except for special ad valorem levies for school district purposes, as herein provided, commencing with the assessment roll prepared after the taxable status date of March 1 of each year. The assessed value of any exemption granted pursuant to this Article shall be entered by the Assessor on the assessment roll with the taxable property, with the amount of the exemption shown in a separate column. E. In the event the real property granted an exemption pursuant to this Article ceases to be used primarily for eligible purposes as set forth in the Industrial/Commercial Incentive Plan, Town of Southold, the exemption granted shall cease. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Southold Town Meeting Agenda - November 19, 2013 Page 23 ? Vote Record '.Resolution RE52013-839 ? Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr ? ? ? ? ? Withdrawn William P. Ruland ? ? ? ? ? Supervisor's Appt ? Tax Receiver's Appt Jill Doherty ? ? ? ? ? Rescinded Christopher Talbot ? ? ? ? ? Town Clerk's Arta Louisa P. Evans ? ? ? ? ? Supt Hgwys Appt Scot[ A. Russell ? ? ? ? ? No Action ? Lost 2013-840 CATEGORY: Budget DEPARTMENT: Town Clerk Adopt Such Preliminary Capital Budget as the Annual Capital Budget of This Town for the Fiscal Year Beginning on the 1St January 2014 WHEREAS, the Town Board of the Town of Southold has met at the time and place specified in the notice of public hearings on the Preliminary Capital Budget for the fiscal year beginning on January 1, 2014, and heard all persons desiring to be heard thereon, now, therefore, be it RESOLVED that the Town Board of the Town of Southold does hereby adopt such Preliminary Capital Budget, as amended, as the Annual Capital Budget of this Town for the fiscal year beginning on the is January 2014; and be it FURTHER RESOLVED that such capital budget as adopted by this Board be entered in detail in the minutes of the proceedings of this Town Board; and be it FURTHER RESOLVED that the Town Clerk of the Town of Southold shall prepare and certify copies of said annual Capital Budget as adopted by the Town Board of the Town of Southold, together with the estimates, if any, adopted pursuant to Section 202a, Subdivision 5 of the Town Law, and deliver a copy thereof to the County Legislature of the County of Suffolk. Town of Southold Three Year Capital Improvement Plan For Fiscal Years Ending 2014 through 2016 Southold Town Meeting Agenda - November 19, 2013 Page 24 T T 2i J J ~ n 0. 0 0 Propos ed Proposed Proposed General Fund Whole Project Projects Projects Town Dept. s2013 2014 2015 RPS Server Upgrade Data 15,000 A Personal Computers, Laptops, Printers Data 10,000 A Online Dog Licensing Data 2,000 A Online Registration for Recreation Data 11,000 A Police Server Upgrade Data 70,000 A (2) Ford Escapes Central 52,500 A (1) Ford Escape Central 30,000 A 30,000 A (1) 7/8 Passenger Van Central 30,000 A (1) Mid-sized Sedan Central 30,000 A Dean Municipal Parking Lot DPW 30,000 A PD Fencing DPW 9,500 A Klipp Park Bulkhead (75% of 80') DPW 63,000 G Klipp Park Bulkhead (30' plus 25% OF 80') DPW 53,000 A Bucket Truck DPW 90,000 A Clerks Licensing System TCLERK 10,760 A Restore Early Town Records TCLERK 5,500 A Total General Fund Whole Town 422,260 60,000 60,000 Solid Waste District Grinder SR 750,000 D Total Solid Waste District 750,000 - - 1,172,2 GRAND TOTALS 60 60,000 60,000 Town of Southold Three Year Capital Improvement Plan Southold Town Meeting Agenda - November 19, 2013 Page 25 For Fiscal Years Ending 2014 through 2016 Summary T T T J J J J J J Propose Propose Propose d d d General Fund Whole Projects Projects Projects Town Dept. 2013 2014 2015 Appropriations 359,260 A 60,000 A 60,000 A Debt - D - D - D Grant 63,000 G - O - O Total General Fund Whole Town 422,260 60,000 60,000 Solid Waste District Debt 750,000 D D D Total Solid Waste District 750,000 Financing Sources Appropriations 359,260 A 60,000 A 60,000 A Debt 50,000 D - D - D Other Financing Sources 63,000 O - O - O 1,172,26 Totals 0 60,000 60,000 ? Vote Record Resolution RE8 2013-840 ? Adopted ? Adopted as Amended Yes/Aye No/Nay Abstain Absent ? Defeated James Dinizio Jr ? ? ? ? ? Tabled William P. Ruland ? ? ? ? ? Withdrawn _ ? Supervisor's Appt Jill Doherty ? ? ? ? ? Tax Receiver's Appt Christopher Talbot ? ? ? ? ? Rescinded Louisa P. Evans ? ? ? ? ? Town Clerk's Appt ? Supt Hgwys Appt Scott A. Russell ? ? ? ? ? No Action ? Lost Southold Town Meeting Agenda - November 19, 2013 Page 26 2013-841 CATEGORY: Budget DEPARTMENT: Town Clerk Adopt 2014 Annual Budget WHEREAS, the Town Board of the Town of Southold has met at the time and place specified in the notice of public hearings on the Preliminary Budget for the fiscal year beginning on January 1, 2014, and heard all persons desiring to be heard thereon; now, therefore, be it RESOLVED that the Town Board of the Town of Southold does hereby adopt such Preliminary Budget, as amended, as the Annual Budget of this Town for the fiscal year beginning on the is day of January 2014; and be it FURTHER RESOLVED that such budget as adopted by this Board be entered in detail in the minutes of the proceedings of this Town Board; and be it FURTHER RESOLVED that the Town Clerk of the Town of Southold shall prepare and certify copies of said annual budget as adopted by the Town Board of the Town of Southold, together with the estimates, if any, adopted pursuant to Section 202a, Subdivision 5 of the Town Law, and deliver a copy thereof to the County Legislature of the County of Suffolk. Copies are available at the Town Clerk's office ? Vote Record Resolution RFS 201J 841 'J. ? Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr ? ? ? ? ? Withdrawn William P. Ruland ? ? ? ? ? Supervisor's Appt ? Tax Receiver's Appt Jill Doherty - ? ? ? ? ? Rescinded Christopher Talbot ? ? ? ? ? Town Clerk's Appt Louisa P. Evans ? ? ? ? ? Supt Hgwys Appt Scot[ A. Russell ? ? ? ? ? No Action ? Lost 2013-842 CATEGORY: Enact Local Law Southold Town Meeting Agenda - November 19, 2013 Page 27 DEPARTMENT: Town Clerk Enact LL Re: Chpt 245 - Superstorm Sandy Tax Relief WHEREAS there had been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 6u, day of November, 2013, a Local Law entitled "A Local Law in relation to Amendments to Chapter 245, Taxation, to Provide Assessment and Tax Relief to Property Owners Impacted by Superstorm Sandy" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 19H, day of November, 2013 at 4:36 p.m. at which time all interested persons were given an opportunity to be heard. 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 245, Taxation, to Provide Assessment and Tax Relief to Property Owners Impacted by Superstorm Sandy" reads as follows: LOCAL LAW NO. 2013 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 245, Taxation, to Provide Assessment and Tax Relief to Property Owners Impacted by Superstorm Sandy". BE IT ENACTED by the Town Board of the Town of Southold as follows: L Purpose. Superstorm Sandy caused catastrophic property damage in Suffolk County in the Fall of 2012. Many homes were either destroyed or severely damaged by the high winds, rains and flooding associated with Superstorm Sandy. Superstorm Sandy struck the Town after assessment rolls were prepared; as a result, property owners who experienced substantial damage to their homes and businesses were required to pay their normal property tax bill in 2013. The State of New York has enacted legislation which addresses this inequity by authorizing local governments to grant assessment relief to Superstorm Sandy victims whose properties were substantially damaged or destroyed. The Town of Southold was included in the Federal Disaster Declaration of Superstorm Sandy and, therefore, is eligible to extend assessment relief to its residents. As such, the Town Board believes it is fair and equitable to provide relief to residents who saw their properties damaged or destroyed and their lives upended by Superstorm Sandy. Therefore, the purpose of this local law is to elect to provide assessment relief to persons substantially impacted by Superstorm Sandy as authorized by the "Superstorm Sandy Southold Town Meeting Agenda - November 19, 2013 Page 28 Assessment Relief Act", enacted by the New York State Legislature as Chapter 424 of the 2013 Laws of the State of New York. IL Chapter 245 of the Code of the Town of Southold is hereby amended as follows: ARTICLE IX Assessment and Tax Relief for Property Owners Impacted by Superstorm Sandy &245-20. DeTmitions. 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). IMPACTED TAX ROLL - the final assessment roll which satisfies both of the following conditions: the roll is based upon (a) a taxable status date occurring prior to October 28, 2012, and (b) taxes levied non that roll were payable without interest on or after October 28, 2012. IMPROVED VALUE - the market value of real property improvements excluding the land. PROPERTY - Real property, property or land as defined under paragraphs (a) through (g) of subdivision 12 of New York Real Property Law. RELIEF ACT - the Superstorm Sandy Assessment Relief Act as enacted by New York State Legislature, Chapter 424 of 2013 Laws of the State of New York. SUPERSTORM SANDY - the storms, rains, winds or floods which occurred within the State of New York and the County of Suffolk during the period October 29, 2012 and ending November 3, 2012. TOTAL ASSESSED VALUE - the total assessed value of the property prior to any and all exemption adjustments. &245-21. Implementation and Adoption of Superstorm Sandy Assessment Relief Act. This law adopts and implements the provisions of the Superstorm Sandy Assessment Relief Act, as enacted by the New York State Legislature, Chapter 424 of the 2013 Laws of the State of New York, granting assessment relief to the victims of Superstorm Sandy. Southold Town Meeting Agenda - November 19, 2013 Page 29 &245-22. Eligibility criteria and relief granted. Notwithstanding any provision of law to the contrary, the Town of Southold elects to provide assessment relief for properties damaged by Superstorm Sandy, as authorized by the Relief Act, as follows: Reduction of Assessed Value Lost Improved Value of Property Attributable to Improvements on as a result of Superstorm Sandy the Impacted Assessment Roll At least 10% but less than 20% 15% At least 20% but less than 30% 25% At least 30% but less than 40% 35% At least 40% but less than 50% 45% At least 50% but less than 60% 55% At least 60% but less than 70% 65% At least 70% but less than 80% 75% At least 80% but less than 90% 85% At least 90% but less than 100% 95% 100% 100% &245-23. Other provisions. A. To receive relief under this law, a property owner must submit a written request to the Town Assessor's Office on a form approved by the Director of the New York State Office of Real Property Tax Services and in accordance with the specific requirements of the Relief Act. Such request shall attach any and all determinations made by the Federal Emergency Management Agency, any and all reports made by insurance adjusters, and describe in reasonable detail the damage caused to the property by Superstorm Sandy and the condition of the property and shall be accompanied by supporting documentation, if available. B. The percentage of loss in improved value shall be adopted by the Assessor from a Southold Town Meeting Agenda - November 19, 2013 Page 30 written finding of the Federal Emergencv Management Agencv, or where no such finding exists, shall be determined by the Assessor in a manner provided by the Relief Act, subject to review by the Board of Assessment Review. C. Where an Assessor determines a property has lost at least 10% of its improved value due to Superstorm Sandy, the assessed value attributable to the improvements on the property on the impacted assessment roll shall be reduced by the appropriate percentage specified in §245-22 of this law, provided that any exemptions which the property may be receiving shall be adjusted as necessary to account for such reduction in the total assessed value. To the extent the total assessed value of the property originally appearing on such roll exceeds the amount to which it should be reduced pursuant to the Relief Act and this local law, the excess shall be considered an error in essential fact as defined by subdivision 3 of Section 550 of the Real Property Tax Law. If the error appears on a tax roll, the tax roll shall be corrected in the manner provided by Section 554 of the Real Property Tax Law or a refund or credit of taxes shall be granted in the manner provided by Sections 556 or 556-b of the Real property Tax Law. Ifthe error appears on a final assessment roll but not on a tax roll, such final assessment roll shall be corrected in the manner prescribed by Section 553 of the Real Property Tax Law. §245-24. Applicability. This law shall apply to the impacted assessment roll, as that term is defined in the Relief Act and this local law. II. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law take effect immediately upon filing with the Secretary of State as provided by law. ? Vote Record Resolution RFS 201J 842 'J. ? Adopted Yes/Aye No/Nay Abstain Absent ? Adopted as Amended - James Dinizio Jr ? ? ? ? ? Defeated ? Tabled William P. Ruland ? ? ? ? ? Withdrawn Jill Doherty ? ? ? ? ? supervisor's Appt Christopher Talbot ? ? ? ? ? Tax Receiver's Appt ? Rescinded Louisa P. Evans ? ? ? ? Southold Town Meeting Agenda - November 19, 2013 Page 31 ? Town Clerk's Appt Scott A. Russell ? ? ? ? ? Supt Hgwys Appt ? No Action ? Lost VI. PUBLIC HEARINGS Motion To: Motion to recess to Public Hearing RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed in order to hold a public hearing. Public Hearing to Hear Citizens Views on Local Housing and Community Development Needs 11/19/13 PH @ 4:36 PM LL/Superstorm Sandy Assessment Relief Act Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at P.M. Elizabeth A. Neville Southold Town Clerk