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HomeMy WebLinkAboutAnimal Shelter Improvements ELIZABETH A. NEVILLE,MMC �•� l/y Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 H 2 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS p • �.F Fax(631)765-6145 MARRIAGE OFFICER Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER �0( `�►a www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 16, 2014 Town of Southold, New York Bond Resolution for Improvements to Animal Shelter (Your File Designation: 2615/ Mr. Robert P. Smith Hawkins, Delafield & Wood, LLP One Chase Manhattan Plaza New York, NY 10005 Dear Mr. Smith: Enclosed find document related to the above referenced bond. 1. The affidavit of publication Please let me know if you need anything else for your files at this time. Very truly yours, J,T-.Q" �' a, Lynda M. Rudder Deputy Town Clerk enc #11521 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s) successfully commencing on the 16th day of January, 2014. Principal Clerk t Sworn to before me this day of 2014. 1!y is a0mmmiassil rfa weaq lama af- Mar tllo to "adep,of r1 h L 11INA ons were au�eaiae3 ie riaiMiaa cc provisions of the constitution. ELIZABETH A,NEVIME TO"CW* ND RESOLUTION OF THE iVOLINSKI 1'C3WN OF SOUTHOLD, NEW NOTARY PUBLIC-STATE OF NEW YORK YORK, ADOPTED JANUARY 2, 2044, AUTHORIZING THE C%2Si- No. 01V06106060 STRUCTTON OF IIAPROVEbaRM Qualified In Suffolk County TO THE TOWN ANIMALSH>c�..' It; My Commission Explta Fs�btuaty 11, 0016 STATING THE ESTIMATED MAXI- MUM COST THEREOF IS 1 WAR APPROPRIATING SAJDE AMOUNT POR SUCH PURPOSE,INCLUDING THE EXPENDITURE OF AVAjL- ABLE FUNDS OF THE TOWN AND THE APPLICATION OF CERTAIN IR$EATES TO PAY A PART Off'SAID APPROPRIATION; AND AUT11I0- RTL1140THE ISSUANCE OF NOM IMCBED $330000 SERIAL BOMB QP THE TOWN TO FINANCE TME BALANCE OF SAID APPROP'1tIA- TION The object or purpose for which the bgnds are authorized is the construction of impwv�ytt mu"to the the, aaslo d dkelter,consisting of the design and oms- s4ruction of shade structures,inch liotallat an of aphotovoltaic system and related oyements and other sssdl- Ury wor , at the estimated mai issu a est of$32"7,000. The:amount of obligations to be is- vaed is not to exceed$330,000..IU bd- ance of the cost is to be paid from cer tain available funds of the Town and Ilse application of energy rebates payable to e[ittYirlt the cas<tracter which are to be applied as KIM aueett—OukakNew York ive **4 the date of The bond resolution was adopted on were not sub The Z,2014. an action, 1iS21-1T 1/16 ', such valid �.-�•-•_. MARTIN D.FINNEGAN SCOTT A.RUSSELL TOWN ATTORNEY Supervisor martin.finnegan@town.southold.ny.us *0f so�ryo JENNIFER ANDALORO ti0 l0 Town Hall Annex,54375 Route 25 ASSISTANT TOWN ATTORNEY P.O.Box 1179 jennifer.andaloro@town.southold.ny.us H Southold,New York 11971-0959 LORI M.ElULSE %0 ^��� Telephone(631) 765-1939 ASSISTANT TOWN ATTORNEY I�COU �`C.` Facsimile(631) 765-6639 lori.hulse@town.southold.ny.us ' OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM RECEIVED JA N 1 5 2014 To: Ms. Elizabeth A. Neville, Town Clerk Southold Town Clerk From: Lynne Krauza Secretary to the Town Attorney Date: January 15, 2014 Subject: Animal Shelter Solar- SEQRA For your records, I am enclosing the original, fully executed Short Environmental Assessment Form in connection with the referenced matter. We have retained a copy of this document in our file. Also enclosed is a copy of the resolution authorizing Scott to sign same. If you have any questions, please do not hesitate to call me. Thank you for your attention. /Ik Enclosures 617.20 AppoWix A _ Short Environmental Assessment Form Instructions for Completing Part 1 Project]Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part-of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part'l based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1 -Project and Sponsor Information Name of Action or Project: Town of Southold Animal Shelter Shade Structure and Photovoltaic Project Project Location(describe,and attach a location map): Southold Animal Shelter 165 Peconic Lane,Peconic,NY 11958 r Brief Description of Proposed Action: The proposed action includes the design and construction of accessory 11,000 square foot shade structures at the Southold Town Animal Shelter that will provide sufficient cover to shade approximately 70%of each designated pen over fhai 6oirnie of a tlayand"the installation b(i photovoltaic system on the accessory shade structures and appropriate parts of the animal shelter roof. e Name of Applicant or Sponsor: Telephone: 631-765-1800 Town•of Soothold.Townrd 8qa 8-Mall:, rk.T4ry6istidth'old°.ny.ris dress 3 �. 54375 State Route 25' - .; f City/PO: State: 'Zip bdT Southold NY 11971 1.Dyes th rpo eduction oply involve-too legislative adgptipA-of a plan,local law,prdinantie,; administrative cute,or regulation? If Yep,attacIia narrative descfiptipn of int6nt o>the proposed action and the environm ntal resaurcefi that may lit affected ih the municipality"and proceed toy part 2." Ifno�continue to questto►t 2. Does the proposed action require a permit,approval or funding from`any other governmental Agency?` E If Yes,list agency(s)name and permit or approval: a ❑ 3.a.Total acreage of the site of the proposed action? .25=ac're's b.Total acreage to be physically disturbed? .25 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 12.41 acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban []Rural(non-agriculture) ❑Industrial [Z]Commercial Okesidential(suburban) ❑Forest mAgriculture El Aquatic mother(specify): Municipal ❑Parkland Page 1 of 4 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? ❑ ❑ b.Consistent with the adopted comprehensive plan? ❑ 21 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? ❑ a 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: Q F 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO I YES ✓❑ b.Are public transportation service(s)available at or near the site of the proposed action? D n c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? 9.Does the proposed action meet or exceed the state energy code requirements? . NO YES If the proposed action will exceed requirements,'describe design features and°technologies: 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: 54 ❑ 11.Will the proposed action connect to ekiding wastewater uhiities? -NO g 'YES If No describe method for providing wastewater treatment: ,77- 12. 12, a.Does the site contain-astructure that is listed on either the State or National Register of Historic N4 YES Places? a b,Is the,proposed action located in an archeological sensitive area? ✓ 11-a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands of other waterbodies regulated,by a federal,state or local-agency? �b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? 7 :❑ If Yes;identify the wetland or waterbody and.extent of alterations in square feet or acres: 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ❑:Shoreline • ❑Forest ❑Agricultural/grasslands OEarly mid-successional Wetland 0 Urban ❑Suburban 15.Does the site of the proposed action contain'any species bf anifnal,or associated habitats,listed NO YES by the State or Federal government as threatened or-endangered? � 16.Is the project site located in the 100 year flood plain? 'NO ` YES' TVTT II 17.Will the proposed_ action create storm water discharge,either from point or non-point sources? N0 YES If Yes, a.Will storm'water discharges flow to adjacent properties? ❑NO- E]YES ❑ ❑ b.Will storm mater discharges be directed to established conveyance systems(runo-Oand storm drains)? If Yes,briefly describe: ONO DYES Page 2 of 4 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: P, ❑ ❑ 19.Has the site'of the proposed action or an adjoining property been the location of an active or closed NO 'YES solid waste management facility? If Yes,describe: a r; 20,Has'th,c sate of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: ❑ I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST.OF MY KNOWL16DGIE Applicant/sponsorname: Town of Southold Town Board Date: 12/30/13 Signature ;ParO=Impact Assessment. The Lead Agency is responsible,for the,c,0oplet W�Lof Part 2, Answer all of the f411uwmg questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or'° otfier`Wise available to the reviewer. When answering the quest otts the reviewer'should be guideq,0 the,concept 'Have my responses°beet;reasonable considering the scale and context of the proposed action?" o,br`� berat4 e small to large im'pacit'°, itnpact . _ tnay_, may 1. Wilkiiiptoposed action create a material conflict with an adopted'land use plan or wni-tig'` regulaan9? 2. Will the proposed action result in a change in tie use or intensity of use"of land? 3. Will the proposed action impair the character or quality of the existing community? - El P. 4. Will the proposed-,action have an impact on the enVironmentallcharacteristics that caused the , establishment of a Critical Environmental Area(CEA)? i 5. ` Will the,proposed actionrosult in an adverse change in the;euisting.level of traffic or 3 r affect a Ging infrastructure for mass transit,biking or walkway?„ '6. g Will'the,proposed action cause an increase in the useof energy and it fails to incorporate n reasonably available energy conservation or renewable energy opportunities? t� 7..; Will t 'e,,proposed action impact existing: a.public/private water'supplies?' b.public/private wastewater treatment utilities? >( 8. Wllthe proposed action impair the character or quality of important historic,archaeological, ❑ architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, ( ❑ waterbodies,groundwater,air quality,flora and fauna)? • LJ Page 3 of 4 No,or Moderate small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑✓ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Town of Southold Town Board December 30,2013 /Q. Name of Lead Agency Date Scott Russell Supervisor Print orTypeAAe of Resp le Officer in L d Agency of Responsible Officer oynature of esponsible Officer in Lead Agency ignature of arer(if differen rom Re)pllrsible Officer) PRINT Page 4 of 4 RESOLUTION 2014-88 ADOPTED DOC ID: 9456 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2014-88 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 2,2014: RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed construction of shade structures and installation of a photovoltaic system on the Town of Southold's Animal Shelter is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action in accordance with the recommendation of Mark Terry dated December 30, 2013, and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith, and is consistent with the LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER:Jill Doherty, Councilwoman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell o��gUFFOt/►c0 ELIZABETH A.NEVILLE,MMC �•t► oy Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 y = Southold,New York 11971 REGISTRAR OF VITAL STATISTICS O Fax(631)765-6145 MARRIAGE OFFICER 'f'� �� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER0.� `1►a www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January 9, 2014 Town of Southold,New York Bond Resolution for Improvements to Animal Shelter (Your File Designation: 2615/ Mr. Robert P. Smith Hawkins, Delafield& Wood, LLP One Chase Manhattan Plaza New York, NY 10005 Dear Mr. Smith: Enclosed find documents related to the above referenced bond. 1. Adopted, certified resolution 2. Legal notice with certification of posting that will appear in the January 16`h edition of the Suffolk Times 3. Extract of Minutes with affidavit attached Please let me know if you need anything else for your files at this time. Very truly yours, i rn Lynda M. Rudder Deputy Town Clerk enc EXTRACT OF MINUTES Meeting of the Town Board of the Town of Southold, in the County of Suffolk, New York January 2, 2014 A regular meeting of the Town Board of the Town of Southold, in the County of Suffolk,New York, was held at the Town Hall, 53095 Main Road, Southold, New York, on January 2, 2014. There were present: Hon. Scott A. Russell, Supervisor; and Councilpersons: Councilman James Dinizio, Jr Councilman William P. Ruland Councilman Robert Ghosio, Jr Councilwoman Jill Doherty There were absent: Justice Louisa Evans Also present: Elizabeth A. Neville, Town Clerk Martin D. Finnegan, Town Attorney Councilwoman Jill Doherty offered the following resolution and moved its adoption: BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED JANUARY 2, 2014, AUTHORIZING THE CONSTRUCTION OF IMPROVEMENTS TO THE TOWN ANIMAL SHELTER; STATING THE ESTIMATED MAXIMUM COST THEREOF IS $527,000; APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE, INCLUDING THE EXPENDITURE OF AVAILABLE FUNDS OF THE TOWN AND THE APPLICATION OF CERTAIN REBATES TO PAY A PART OF SAID APPROPRIATION; AND AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $330,000 SERIAL BONDS OF THE TOWN TO FINANCE THE BALANCE OF SAID APPROPRIATION THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all the members of said Town Board) AS FOLLOWS: Section 1. The Town of Southold, in the County of Suffolk, New York (herein called the "Town"), is hereby authorized to construct improvements to the Town animal shelter, consisting of the design and construction of shade structures, including installation of a photovoltaic system and related improvements and other ancillary work. The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $527,000 and said amount is hereby appropriated for such purpose. The plan of financing includes the expenditure of certain available funds of the Town to pay a part of the cost, the application of energy rebates payable to the contractor which are to be applied as a credit to the Town's cost, the issuance of not to exceed $330,000 bonds of the Town, and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Section 2. Bonds of the Town in the principal amount of not to exceed $330,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (referred to herein as the "Law"), to finance a part of said appropriation. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness of the object or purpose for which said bonds are authorized to be issued, within the limitations of Section 11.00 a. 35 of the Law, is five (5) years. (b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) The proposed maturity of the bonds authorized by this resolution will not exceed five years. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds shall be general obligations of the Town, payable as to both principal and interest by a general tax upon all the taxable real property within the Town. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds, and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of the issuance of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 and 168.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, and as to executing contracts for credit enhancements and providing for substantially level or declining annual debt service, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution, or a summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This bond resolution shall take effect immediately, and the Town Clerk is hereby authorized and directed to publish a summary of this bond resolution, in substantially the form set forth in Exhibit A attached hereto and made a part hereof, together with a Notice attached in substantially the form prescribed by Section 81.00 of the Law in "The Suffolk Times, " a newspaper published in Southold, New York, having a general circulation in the Town and hereby designated the official newspaper of said Town for such publication. The adoption of the foregoing resolution was seconded by Councilman William P. Ruland and duly put to a vote on roll call, which resulted as follows: AYES: Scott A. Russell, Supervisor Councilman James Dinizio, Jr Councilman William P. Ruland Councilman Robert Ghosio, Jr Councilwoman Jill Doherty NOES: None The resolution was declared adopted. CERTIFICATE 1, ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, in the County of Suffolk, State of New York, HEREBY CERTIFY that the foregoing annexed extract from the minutes of a meeting of the Town Board of said Town of Southold duly called and held on January 2, 2014, has been compared by me with the original minutes as officially recorded in my office in the Minute Book of said Town Board and is a true, complete and correct copy thereof and of the whole of said original minutes so far as the same relate to the subject matters referred to in said extract. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said Town of Southold on this 8`" day of January, 2014. (SEAL) ` Town Cle LEGAL NOTICE The resolution, a summary of which is published herewith, has been adopted on January 2, 2014 and the validity of the obligations authorized by such resolution may be hereafter contested only if such obligations were authorized for an object or purpose for which the Town of Southold, in the County of Suffolk, New York, is not authorized to expend money or if the provisions of law which should have been complied with as of the date of publication of this Notice were not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the publication of this Notice, or such obligations were authorized in violation of the provisions of the constitution. ELIZABETH A. NEVILLE Town Clerk BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED JANUARY 2, 2014, AUTHORIZING THE CONSTRUCTION OF IMPROVEMENTS TO THE TOWN ANIMAL SHELTER; STATING THE ESTIMATED MAXIMUM COST THEREOF IS $527,000; APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE, INCLUDING THE EXPENDITURE OF AVAILABLE FUNDS OF THE TOWN AND THE APPLICATION OF CERTAIN REBATES TO PAY A PART OF SAID APPROPRIATION; AND AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $330,000 SERIAL BONDS OF THE TOWN TO FINANCE THE BALANCE OF SAID APPROPRIATION The object or purpose for which the bonds are authorized is the construction of improvements to the Town animal shelter, consisting of the design and construction of shade structures, including installation of a photovoltaic system and related improvements and other ancillary work, at the estimated maximum cost of$527,000. The amount of obligations to be issued is not to exceed $330,000. The balance of the cost is to be paid from certain available funds of the Town and the application of energy rebates payable to the contractor which are to be applied as a credit to the Town's cost. The period of probable usefulness is five (5) years. A complete copy of the bond resolution summarized above shall be available for public inspection during normal business hours at the office of the Town Clerk, at the Town Hall, 53095 Main Street, Southold,New York. The bond resolution was adopted on January 2, 2014. Please publish in the January 16,2014 edition of the Suffolk Times and forward three (3) affidavits of publication to the Southold Town Clerks Office. Copies To The Following: Town Attorney Town Board Comptroller Bond Council Bond File Town Clerk Bulletin Board STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE,Town Clerk of the Town of Southold, New York being duly sworn, says that on the 91h day of January , 2014, she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold,New York. Animal Shelter Improvements Bond lizabeth A. Neville Southold Town Clerk Sworn before me this 91h day of Jan ar , 2014. 1 � Notary Public LYNDA M. RUDDER Notary Yolk Na i0�RU6020932'" Quaiified in Suffolk County Commission Expires March 8,201,:� - Rudder, Lynda From: Tracey Doubrava <tdoubrava@timesreview.com> Sent: Tuesday, January 07, 2014 9:50 AM To: Rudder, Lynda Subject: Re:for publication 1/16 Hi Lynda, I've got this and will have published in the 1/16 edition of the Suffolk Times. Thanks. Tracey Doubrava Display Ad Sales Coordinator Times/Review News Group 7785 Main Rd. P.O. Box 1500 Mattituck, NY 11952 P: (631) 298-3200 E: tdoubrava@timesreview.com From: <Rudder>, Lynda <lIvnda.rudder@town.southold.ny.us> Date:Tuesday,January 7, 2014 8:43 AM To:Jim Dinizio <Lm@iamesdinizio.com>, "Andaloro,Jennifer" <*ennifer.andaloro@town.southold.ny.us>, "Beltz, Phillip" <PhiIli p.Beltz@town.southold.ny.us>, "Cushman,John" <John.Cushman @town.southoId.ny.us>, "Doherty,Jill" <jill.doherty@town.southold.nv.us>, "Finnegan, Martin" <martin.finnegan@town.southold.ny.us>, "Krauza, Lynne" <Ivnne.krauza@town.southold.nv.us>, Louisa Evans<Ipevans06390@gmail.com>, "Reisenberg, Lloyd" <Lloyd.Reisenberg@town.southold.ny.us>, "Russell, Scott" <Scott.Russe ll@town.southo Id.ny.us>, "Standish, Lauren" <Lauren.Standish@town.southold.nv.us>, "Talbot, Christopher" <christopher.talbot@town.southold.nv.us>, "Tomaszewski, Michelle" <michellet@town.southold.ny.us>, Times Review<tdoubrava@timesreview.com>, William Ruland <rulandfarm@yahoo.com> Subject:for publication 1/16 Please publish in the 1/16 edition of the Suffolk times and the Town website 1 1 Southold Town Board - Letter Board Meeting of January 2, 2014 RESOLUTION 2014-89 Item# 5.29 ADOPTED DOC ID: 9454 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2014-89 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 2,2014: BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED JANUARY 2, 2014, AUTHORIZING THE CONSTRUCTION OF IMPROVEMENTS TO THE TOWN ANIMAL SHELTER; STATING THE ESTIMATED MAXIMUM COST THEREOF IS $527,000; APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE, INCLUDING THE EXPENDITURE OF AVAILABLE FUNDS OF THE TOWN AND THE APPLICATION OF CERTAIN REBATES TO PAY A PART OF SAID APPROPRIATION; AND AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $330,000 SERIAL BONDS OF THE TOWN TO FINANCE THE BALANCE OF SAID APPROPRIATION THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two- thirds of all the members of said Town Board) AS FOLLOWS: Section 1. The Town of Southold, in the County of Suffolk, New York (herein called the "Town"), is hereby authorized to construct improvements to the Town animal shelter,. consisting of the design and construction of shade structures, including installation of a photovoltaic system and related improvements and other ancillary work. The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $527,000 and said amount is hereby appropriated for such purpose. The plan of financing includes the expenditure of certain available funds of the Town to pay a part of the cost, the application of energy rebates payable to the contractor which are to be applied as a credit to the Town's cost, the issuance of not to exceed $330,000 bonds of the Town, and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Section 2. Bonds of the Town in the principal amount of not to exceed $330,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (referred to herein as the "Law"), to finance a part of said appropriation. Section 3. The following additional matters are hereby determined and declared: Generated January 8, 2014 Page 39 Southold Town Board - Letter Board Meeting of January 2, 2014 (a) The period of probable usefulness of the object or purpose for which said bonds are authorized to be issued, within the limitations of Section 11.00 a. 35 of the Law, is five (5) years. (b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) The proposed maturity of the bonds authorized by this resolution will not exceed five years. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds shall be general obligations of the Town, payable as to both principal and interest by a general tax upon all the taxable real property within the Town. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds, and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b)the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of the issuance of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 and 168.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, and as to executing contracts for credit enhancements and providing for substantially level or declining annual debt service, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution, or a summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Generated January 8, 2014 Page 40 ti Southold Town Board - Letter Board Meeting of January 2, 2014 Section 7. This bond resolution shall take effect immediately, and the Town Clerk is hereby authorized and directed to publish a summary of this bond resolution, in substantially the form set forth in Exhibit A attached hereto and made a part hereof, together with a Notice attached in substantially the form prescribed by Section 81.00 of the Law in "The Suffolk Times, " a newspaper published in Southold, New York, having a general circulation in the Town and hereby designated the official newspaper of said Town for such publication. EXHIBIT A LEGAL NOTICE The resolution, a summary of which is published herewith, has been adopted on January 2, 2014 and the validity of the obligations authorized by such resolution may be hereafter contested only if such obligations were authorized for an object or purpose for which the Town of Southold, in the County of Suffolk, New York, is not authorized to expend money or if the provisions of law which should have been complied with as of the date of publication of this Notice were not substantially complied with, and an action, suit or proceeding contesting such -validity is commenced within twenty days after the publication of this Notice, or such obligations were authorized in violation of the provisions of the constitution. ELIZABETH A. NEVILLE Town Clerk BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED JANUARY 2, 2014, AUTHORIZING THE CONSTRUCTION OF IMPROVEMENTS TO THE TOWN ANIMAL SHELTER; STATING THE ESTIMATED MAXIMUM COST THEREOF IS $527,000; APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE, INCLUDING THE EXPENDITURE OF AVAILABLE FUNDS OF THE TOWN AND THE APPLICATION OF CERTAIN REBATES TO PAY A PART OF SAID APPROPRIATION; AND AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $330,000 SERIAL BONDS OF THE TOWN TO FINANCE THE BALANCE OF SAID APPROPRIATION The object or purpose for which the bonds are authorized is the construction of improvements to the Town animal shelter, consisting of the design and construction of shade structures, including installation of a photovoltaic system and related improvements and other ancillary work, at the estimated maximum cost of$527,000. The amount of obligations to be issued is not to exceed $330,000. The balance of the cost is to be paid from certain available funds of the Town and the application of energy rebates payable to the contractor which are to be applied as a credit to the Town's cost. The period of probable usefulness is five (5) years. Generated January 8, 2014 Page 41 v Southold Town Board - Letter Board Meeting of January 2, 2014 A complete copy of the bond resolution summarized above shall be available for public inspection during normal business hours at the office of the Town Clerk, at the Town Hall, 53095 Main Street, Southold,New York. The bond resolution was adopted on January 2, 2014. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER:William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Russell ABSENT: Louisa P. Evans Generated January 8, 2014 Page 42 jawo��11 DELAFIELD&WOOD LLP PHONE: NEW YORK FAX: WASHINGTON NEWARK (212) 820-9662 December 31, 2013 HARTFORD LOS ANGELES SACRAMENTO SAN FRANCISCO PORTLAND Town of Southold,New York Bond Resolution for Improvements to Animal Shelter (Our File Designation: 2615/ John Cushman Town Comptroller Town of Southold 53095 Main Road Southold,New York 11971 Dear John: Pursuant to your request, I have prepared the attached Extract of Minutes of a Town Board meeting to be held on January 2, 2014, showing adoption of the above bond resolution and providing for publication, in summary. Please note that adoption of the bond resolution requires at least a two-thirds vote of the entire membership of the Town Board, without taking into consideration any temporary vacancies. Therefore, four affirmative votes are required for adoption. Also enclosed is the Notice and summary form of the bond resolution to be published for estoppel purposes in the official Town newspaper. As you know, publication of the bond resolution, in summary, commences a 20-day statute of limitations period pursuant to the provisions of Section 80.00 et seq. of the Local Finance Law. Please obtain and forward to me a certified copy of the Extract of Minutes and an original Affidavit of Publication, when available. With best regards, I am Very truly yours, Robert P. Smith RPS/ml Enclosures cc: Martin D. Finnegan, Esq., Town Attorney 1330620.1 001098 FILE EXTRACT OF MINUTES Meeting of the Town Board of the Town of Southold, in the County of Suffolk,New York January 2, 2014 A regular meeting of the Town Board of the Town of Southold, in the County of Suffolk,New York, was held at the Town Hall, 53095 Main Road, Southold,New York, on January 2, 2014. There were present: Scott A. Russell, Supervisor; and Councilpersons: There were absent: Also present: Elizabeth A. Neville, Town Clerk Martin D. Finnegan, Town Attorney John A. Cushman, Town Comptroller offered the following resolution and moved its adoption: 1330620.1 001098 FILE BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED JANUARY 2, 2014, AUTHORIZING THE CONSTRUCTION OF IMPROVEMENTS TO THE TOWN ANIMAL SHELTER; STATING THE ESTIMATED MAXIMUM COST THEREOF IS $527,000; APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE, INCLUDING THE EXPENDITURE OF AVAILABLE FUNDS OF THE TOWN AND THE APPLICATION OF CERTAIN REBATES TO PAY A PART OF SAID APPROPRIATION; AND AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $330,000 SERIAL BONDS OF THE TOWN TO FINANCE THE BALANCE OF SAID APPROPRIATION THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two- thirds of all the members of said Town Board) AS FOLLOWS: Section 1. The Town of Southold, in the County of Suffolk, New York (herein called the "Town"), is hereby authorized to construct improvements to the Town animal shelter, consisting of the design and construction of shade structures, including installation of a photovoltaic system and related improvements and other ancillary work. The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $527,000 and said amount is hereby appropriated for such purpose. The plan of financing includes the expenditure of certain available funds of the Town to pay a part of the 1330620.1 001098 FILE cost, the application of energy rebates payable to the contractor which are to be applied as a credit to the Town's cost, the issuance of not to exceed $330,000 bonds of the Town, and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Section 2. Bonds of the Town in the principal amount of not to exceed $330,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (referred to herein as the "Law"), to finance a part of said appropriation. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness of the object or purpose for which said bonds are authorized to be issued, within the limitations of Section 11.00 a. 35 of the Law, is five (5) years. (b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) The proposed maturity of the bonds authorized by this resolution will not exceed five years. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds shall be general obligations of the Town, payable as to both principal 1330620.1 001098 FILE and interest by a general tax upon all the taxable real property within the Town. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds, and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b)the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of the issuance of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 and 168.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, and as to executing contracts for credit enhancements and providing for substantially level or declining annual debt service, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution, or a summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 1330620.1 001098 FILE (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This bond resolution shall take effect immediately, and the Town Clerk is hereby authorized and directed to publish a summary of this bond resolution, in substantially the form set forth in Exhibit A attached hereto and made a part hereof, together with a Notice attached in substantially the form prescribed by Section 81.00 of the Law in "The Suffolk Times, " a newspaper published in Southold, New York, having a general circulation in the Town and hereby designated the official newspaper of said Town for such publication. The adoption of the foregoing resolution was seconded by and duly put to a vote on roll call, which resulted as follows: AYES: NOES: The resolution was declared adopted. 1330620.1 001098 FILE CERTIFICATE 1, ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, in the County of Suffolk, State of New York, HEREBY CERTIFY that the foregoing annexed extract from the minutes of a meeting of the Town Board of said Town of Southold duly called and held on January 2, 2014, has been compared by me with the original minutes as officially recorded in my office in the Minute Book of said Town Board and is a true, complete and correct copy thereof and of the whole of said original minutes so far as the same relate to the subject matters referred to in said extract. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said Town of Southold on this day of January, 2014. (SEAL) Town Clerk 1330620.1 001098 FILE EXHIBIT A LEGAL NOTICE The resolution, a summary of which is published herewith, has been adopted on January 2, 2014 and the validity of the obligations authorized by such resolution may be hereafter contested only if such obligations were authorized for an object or purpose for which the Town of Southold, in the County of Suffolk, New York, is not authorized to expend money or if the provisions of law which should have been complied with as of the date of publication of this Notice were not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the publication of this Notice, or such obligations were authorized in violation of the provisions of the constitution. ELIZABETH A. NEVILLE Town Clerk BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED JANUARY 2, 2014, AUTHORIZING THE CONSTRUCTION OF IMPROVEMENTS TO THE TOWN ANIMAL SHELTER; STATING THE ESTIMATED MAXIMUM COST THEREOF IS $527,000; APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE, INCLUDING THE EXPENDITURE OF AVAILABLE FUNDS OF THE TOWN AND THE APPLICATION OF CERTAIN REBATES TO PAY A PART OF SAID APPROPRIATION; AND AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $330,000 SERIAL BONDS OF THE TOWN TO FINANCE THE BALANCE OF SAID APPROPRIATION The object or purpose for which the bonds are authorized is the construction of improvements to the Town animal shelter, consisting of the design and construction of shade structures, including installation of a photovoltaic system and related improvements and other ancillary work, at the estimated maximum cost of$527,000. The amount of obligations to be issued is not to exceed $330,000. The balance of the cost is to be paid from certain available funds of the Town and the application of energy rebates payable to the contractor which are to be applied as a credit to the Town's cost. The period of probable usefulness is five (5) years. A complete copy of the bond resolution summarized above shall be available for public inspection during normal business hours at the office of the Town Clerk, at the Town Hall, 53095 Main Street, Southold,New York. The bond resolution was adopted on January 2, 2014. 1330620.1 001098 FILE PLANNING BOARD MEMBERS f� "n" � MAILING ADDREss:P.O.Box 1179 DONALD J.WILCENSffi / '' Southold,NY 11971 Chair `'" '{ `' 4. OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY +"" 54375 State Route 25 JAMES H.RICH III '' (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR Southold,NY Telephone:631765-1938 Fax:631 766-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Supervisor Scott Russell Town of Southold Town Board From: Mark Terry, Principal Planner Date: December 30, 2013 Re: SEQRA review of the construction of shade structures and installation of a photovoltaic system on the Town of Southold Animal Shelter The proposed action includes the design and construction of accessory shade structures at the Southold Town Animal Shelter that will provide sufficient cover to shade approximately 70% of each designated pen over the course of a day and the installation of a photovoltaic system on the accessory shade structures and appropriate parts of the animal shelter roof. The actions have been reviewed to Chapter 130 Environmental Quality Review of the Southold Town Code and the New York State Department of Environmental Conservation regulation 6NYCCRR Part 617 State Environmental Quality Review and it is my recommendation that the Town Board, as lead agency, issue a Negative Declaration for this Unlisted Action pursuant to 6 NYCRR Part 617, Section 617.7 of the State Environmental Quality Review Act(SEQRA). A Short Environmental Assessment Form is attached. Please contact me with any questions. Enc. Cc: John Cushman, Town Comptroller Heather Lanza, Director of Planning 617.20 Appendix B Short Environmental Assessment Form Instructions for Completine Part I -Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part I -Project and Sponsor Information Name of Action or Project: Town of Southold Animal Shelter Shade Structure and Photovoltaic Project Project Location(describe,and attach a location map): Southold Animal Shelter 165 Peconic Lane,Peconic,NY 11958 Brief Description of Proposed Action: The proposed action Includes the design and construction of accessory 11,000 square foot shade structures at the Southold Town Animal Shelter that will provide sufficient cover to shade approximately 70%of each designated pen over the course of a day and the installation of a photovoltaic system on the accessory shade structures and appropriate parts of the animal shelter roof. Name of Applicant or Sponsor: Telephone: 631-765.1800 Town of Southold Town Board E-Mail: Mark.Terryatown.southold.ny.us Address: 54375 State Route 25 City/PO: State: Zip Code: Southold NY 11971 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that a may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2, Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: © ❑ 3.a.Total acreage of the site of the proposed action? .25 acres b.Total acreage to be physically disturbed? .25 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? _...12.41 acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban [3 Rural(non-agriculture) [-]Industrial OCommercial 0Residential(suburban) ❑Forest OAgriculture ❑Aquatic 00ther(specify): Municipal ❑Parkland Page 1 of 4 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? ❑ © ❑ b.Consistent with the adopted comprehensive plan? ✓ 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? ❑ ❑✓ 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: Q ❑ _._..._ .... ..............._......._ _ 8. a Will the proposed action result in a substantial increase in traffic above present levels? (NOQS( YES ❑ b.Are public transportation service(s)available at or near the site of the proposed action? c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? .............._._.......... __.__..__................... ........ _ _ 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: © ❑ ...................................__._ ........ _..... .. ........_.. --- _. _--.... 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water; „_..__._.w. ❑ 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: _---....._..........__ 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? d I r1 b.Is the proposed action located in an archeological sensitive area? ✓ 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? ✓ b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? © ❑ If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: ............... ........ .__.. . _..........__ 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ❑Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional ❑ Wetland m Urban ❑Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? a ❑ 16. Is the project site located in the 100 year flood plain? NO YES 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a ❑ a.Will storm water discharges flow to adjacent properties? ❑NO [:]YES b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NO AYES Page 2 of 4 IS.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size _ ❑ 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: 1 AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Town of Southold TownBoard Date: 12/30/13 Signature: ..................- Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part I and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large Impact impact may may occur occur I. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? a E 3. Will the proposed action impair the character or quality of the existing community? Q ............- -- ...... �... 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or a affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate 0 reasonablyavailable ener conservation or renewable energyopportunities? 7. Will the proposed action impact existing: Q El a.public/private water supplies? b.public/private wastewater treatment utilities? ✓� El- 8, 8. Will the proposed action impair the character or quality of important historic,archaeological, Z architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, Q waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 No,or Moderate small to large Impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage ❑ problems? 11. Will the proposed action create a hazard to environmental resources or human health? ❑✓ Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur',or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. oCheck this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts, Town of Southold Town Board December 30,2013 Name of Lead Agency Date Scott Russell Supervlsor ___...__ _._.__ ...__.._...____.__... Print or Type Name of Responsible Officer in Lead Agency of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of arer(if differen rom Res siblc Officer) PRINT Page 4 of 4 OFFICE LOCATION: rjf SU!/��o MAILING ADDRESS: Town Hall Annex �� lQ P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY 11971 • Q Telephone: 631765-1938 Fax: 631 765-3136 C4UNT`I,� LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Supervisor Scott Russell Town of Southold Town Board From: Mark Terry, Principal Planner LWRP Coordinator Date: December 30, 2013 Re: Local Waterfront Revitalization Coastal Consistency Review of the construction of shade structures and installation of a photovoltaic system on the Town of Southold Animal Shelter 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 (LWRP) 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 actions are CONSISTENT with the LWRP Policy Standards and therefore are 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. Cc: Martin Finnegan, Town Attorney MAILING ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 DONALD J.WILCENSKI V��OF SOUT/yO Southold,NY 11971 Chair �� �� OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY 54375 State Route 25 JAMES H.RICH III COQ (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR Ol� NTY, Southold,NY �4U � Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Supervisor Scott Russell Town of Southold Town Board From: Mark Terry, Principal Planner Date: December 30, 2013 Re: SEQRA review of"A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Wireless Communication Facilities". The proposed action; "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Wireless Communication Facilities" has been reviewed to Chapter 130 Environmental Quality Review of the Southold Town Code and the New York State Department of Environmental Conservation regulation 6NYCCRR Part 617 State Environmental Quality Review and it is my determination that pursuant to Part 617.5C (27) provided below, the action is a Type II action and therefore not subject to SEQRA review. (27) adoption of regulations, policies, procedures and local legislative decisions in connection with any action on this list,- Please ist,Please contact me with any questions. Cc: Martin Finnegan, Town Attorney Heather Lanza, Director of Planning MAILING ADDRESS: PLANNING BOARD MEMBERS P.O.Box 1179 DONALD J.WILCENSHI O��QF S0UryOlO Southold, NY 11971 Chair I` OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY G Q 54375 State Route 25 JAMES H.RICH III (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDORCOU,M,� Southold, NY I�„ Telephone: 631765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Supervisor Scott Russell Town of Southold Town Board From: Mark Terry, Principal Planner Date: December 30, 2013 Re: SEQRA review of the construction of shade structures and installation of a photovoltaic system on the Town of Southold Animal Shelter The proposed action includes the design and construction of accessory shade structures at the Southold Town Animal Shelter that will provide sufficient cover to shade approximately 70% of each designated pen over the course of a day and the installation of a photovoltaic system on the accessory shade structures and appropriate parts of the animal shelter roof. The actions have been reviewed to Chapter 130 Environmental Quality Review of the Southold Town Code and the New York State Department of Environmental Conservation regulation 6NYCCRR Part 617 State Environmental Quality Review and it is my recommendation that the Town Board, as lead agency, issue a Negative Declaration for this Unlisted Action pursuant to 6 NYCRR Part 617, Section 617.7 of the State Environmental Quality Review Act (SEQRA). A Short Environmental Assessment Form is attached. Please contact me with any questions. Enc. Cc: John Cushman, Town Comptroller Heather Lanza, Director of Planning 617.20 Appendix B Short Environmental Assessment Form Instructions for Completing Part 1 -Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1 -Project and Sponsor Information Name of Action or Project: Town of Southold Animal Shelter Shade Structure and Photovoltaic Project Project Location(describe,and attach a location map): Southold Animal Shelter 165 Peconic Lane,Peconic,NY 11958 Brief Description of Proposed Action: The proposed action includes the design and construction of accessory 11,000 square foot shade structures at the Southold Town Animal Shelter that will provide sufficient cover to shade approximately 70%of each designated pen over the course of a day and the installation of a photovoltaic system on the accessory shade structures and appropriate parts of the animal shelter roof. Name of Applicant or Sponsor: Telephone: 631-765-1800 Town of Southold Town Board E-Mail: Mark.Terry@town.southold.ny.us Address: 54375 State Route 25 City/PO: State: Zip Code: Southold NY 11971 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that a may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: a a 3.a.Total acreage of the site of the proposed action? .25 acres b.Total acreage to be physically disturbed? .25 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 12.41 acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial m Commercial m Residential(suburban) ❑Forest mAgriculture El Aquatic 00ther(specify): Municipal ❑Parkland Page 1 of 4 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? ❑ ❑✓ ❑ b.Consistent with the adopted comprehensive plan? ❑ ✓❑ ❑ 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? ❑ ✓❑ 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: ❑✓ ❑ 8. a. Will the proposed action result in a substantial increase in traffic above present levels? NO YES ❑✓ F-1- b. b.Are public transportation service(s)available at or near the site of the proposed action? ❑ ✓❑ c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? ❑ ❑✓ 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: ❑ ❑ 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: P/1 ❑ 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: IT ❑ 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? ❑ ❑ b. Is the proposed action located in an archeological sensitive area? F71 I El 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? ✓ ❑ b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? ❑ 1:1If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ❑Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional ❑ Wetland m Urban ❑Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? a ❑ 16. Is the project site located in the 100 year flood plain? NO YES 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a. Will storm water discharges flow to adjacent properties? ❑NO YES ❑ ❑ b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: [_1 NO AYES Page 2 of 4 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: W] ❑ 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: ❑ ❑ I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MV KNOWLEDGE Applicant/sponsor name: Town of Southold Town Board Date: 12/30/13 Signature: Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning 21 1:1regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? Fv� ❑ 3. Will the proposed action impair the character or quality of the existing community? ❑ 4. Will the proposed action have an impact on the environmental characteristics that caused the 1:1establishment of a Critical Environmental Area(CEA)? 21 5. Will the proposed action result in an adverse change in the existing level of traffic or 21 ❑ affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate a ❑ reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: ❑ a.public/private water supplies? 21 b.public/private wastewater treatment utilities? 21 ❑ 8. Will the proposed action impair the character or quality of important historic,archaeological, 21 ❑ architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, ❑ Elwaterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 No,or Moderate small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage ❑ problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑✓ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Town of Southold Town Board December 30,2013 Name of Lead Agency Date Scott Russell Supervisor Print or Type Name of Responsible Officer in Lead Agency of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of arer(if differ en rom Res sible Officer) PRINT Page 4 of 4