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HomeMy WebLinkAboutLL #08 2016 BOARD OF ELECTIONS Commissioners COUNTY OF SUFFOLK WAYNET.ROGERS PO BOX 700 ANITA S.KATZ YAPHANK NY 11980-0700 Deputy Commissioners (631)852-4500 WILLIAM J.ELLIS pN4 Z Df,? TTY(631)852-4540 FAX(631)852-4590 JEANNE C.O'ROURKE December 10, 2016 RECEIVED Honorable Elizabeth Ann Neville Town Clerk,Town of Southold D EC 1 9 2016 53095 Route 25 PO Box 1179 Southold Town Clerk Southold, NY 11971 Dear Ms. Neville: Pursuant to Section 9-214, of the New York State Election Law, we Nick LaLota and Anita S. Katz, Commissioners of Elections, in and for the Town of Southold, hereby submit the certified results of the proposition for said Town, at the November 8th, 2016 General Election. PROPOSAL ONE,A PROPOSITION Town of Southold "Shall a Local Law entitled, 'A LOCAL LAW amending Southold Town Code Chapter 17 Community Preservation Fund to (i) extend the effective date of the Community Preservation Fund Real Estate Transfer Tax until December 31, 2050, and (ii) authorize the use of a portion of the Community Preservation Fund, not to exceed 20%,for water quality improvement projects,' BE APPROVED?" The Whole Number was................................................................ 12,470 The Total Yes Vote was................................ 8,590 The Total No Vote was................................. 2,163 The Total Blank Vote was............................ 1,717 The Total Void Vote was.............................. 0 Therefore, we do hereby certify that the foregoing to be true and complete copy certified results for said proposition in said Town,at the November 8th, 2016 General Election. IN WITNESS WHEREOF, We have hereunto set our hands and affixed the seal of the Board of Elections of Suffolk County this 9th day of December, 2016 at Yaphank, New York. Sincerely, �1. Nick LaLota Anita S. Katz Republican Commissioner Democratic Commissioner RESOLUTION 2016-763 ADOPTED DOC ID: 12186 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2016-763 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 23, 2016: WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 26th day of July, 2016, a Local Law entitled "A Local Law to consider amendinst Southold Town Code Chapter 17 (Community Preservation Fund) to (i) extend the effective date of the Community Preservation Fund Real Estate Transfer Tax, imposed pursuant to Article 31-D of the State Tax Law, until December 31, 2050, and 00 authorize the use of a portion of the Community Preservation Fund, not to exceed 20%, for water quality improvement projects",and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons will be given an opportunity to be heard,NOW therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A LOCAL LAW to consider amending Southold Town Code Chapter 17 (Community Preservation Fund) to (i) extend the effective date of the Community Preservation Fund Real Estate Transfer Tax, imposed pursuant to Article 31-D of the State Tax Law, until December 31, 2050, and (ii) authorize the use of a portion of the Community Preservation Fund, not to exceed 20%,for water quality improvement projects" reads as follows: LOCAL LAW NO. 8 OF 2016 A LOCAL LAW to consider amending Southold Town Code Chapter 17 (Community Preservation Fund) to (i) extend the effective date of the Community Preservation Fund Real Estate Transfer Tax, imposed pursuant to Article 31-D of the State Tax Law, until December 31, 2050, and (ii) authorize the use of a portion of the Community Preservation Fund, not to exceed 20%, for water quality improvement projects. BE IT ENACTED by the Town Board of the Town of Southold as follows: SECTION 1. Amendment. The Southold Town Code is hereby amended by adding the underlined words as follows: ARTICLE V Water Quality Improvement §17-41. Purpose. A The purpose of this Article shall be to implement the authority delegated by the State to the Town of Southold pursuant to Chapter 551 of the Laws of 2015. B Specifically, this Article shall permit the Town to use up to 20% of the Community Resolution 2016-763 Board Meeting of August 23, 2016 Preservation Fund's annual revenues to undertake water quality improvement projects, as defined herein in order to preserve community character by improving water quality. The Town shall use the prior calendar's year revenue to determine the maximum amount available for water quality improvement project allocations pursuant to the state-mandated limit of up to 20%. C Projects eligible for funding shall include: (1) wastewater treatment improvement projects, (2) non point source abatement and control program projects developed pursuant to section 11-b of the Soil and Water Conservation Districts Law, section 1455b of the Federal Coastal Zone Management Act or Article 42 of the Executive Law, (3) aquatic habitat restoration projects (4) pollution prevention projects and (5) the operation of the Peconic Bay National Estuary Program as designated by the United State Enviromnental Protection Agency. D Eligible projects shall also include those undertaken by the Town through a watershed protection improvement district created pursuant to Article 12 or 12-A of Town Law. E No monies from the fund shall be expended for a water quality improvement project by the Town unless such project has first been certified by the Town Board pursuant to §17-45 herein. §17-42. Authority. Pursuant to Chapter 551 of the Laws of 2015 the Town Board is hereby authorized to utilize revenues from the Community Preservation Fund to implement water quality improvement projects in accordance with a plan to preserve community character, pursuant to Article III of this Chapter. A maximum of twenty 20) percent of the Fund's annual revenues may be utilized for the implementation of water quality improvement projects provided that where such water quality improvement funds are utilized for the operation of the Peconic Bay National Estuary Program the use of such funds shall only be utilized to match federal state, county, or other public or private funds on a dollar for dollar basis not to exceed ten (10)percent of the annual amount appropriated for water quality iLnprovement projects. §17-43. Definitions. As used in this article the following words and terms shall have the following meanings: AQUATIC HABITAT RESTORATION PROJECT- planning design construction, management maintenance monitoring reconstruction revitalization or rejuvenation activities intended to improve waters of the state of ecological significance or any part thereof, including, but not limited to ponds bogs wetlands bays sounds streams rivers or lakes and shorelines thereof,to support a spawning nursery, wintering mi rg atory nesting breeding, feeding, or foragingt environment for fish and wildlife and other biota. POLLUTION PREVENTION PROJECT - planning design construction improvement, maintenance or acquisition of facilities production processes equipment or buildings owned or operated by municipalities for the reduction avoidance or elimination of the use of toxic or hazardous substances or the generation of such substances or pollutants so as to reduce risks to public health or the environment including_chaneg s in production processes or raw materials. Updated: 8/24/2016 10:33 AM by Lynda Rudder Page 2 Resolution 2016-763 Board Meeting of August 23, 2016 Such projects shall not include incineration transfer from one medium of release or discharge to another medium off-site or out-of-production recycling end-of-pipe treatment or pollution control. REGIONAL WATER QUALITY IMPROVEMENT PLAN - a water quality improvement plan adopted pursuant to state or federal law, which has as its purpose the improvement of water quality in all or part of the Peconic Bad region including but not limited to, (i) the comprehensive conservation and managementplan(CCMP) for the Peconic Estuary Program pursuant to the National EstuarProgramP.L. 100-4) under the Clean Water Act (P.L. 92- 500), (ii) the Comprehensive Conservation and Management Plan (CCMP) for the Long Island Sound Estuary Program pursuant to the National Estuary Program (P.L. 100-4) under the Clean Water Act LPL 92-500) (iii)the South Shore Estuary Reserve Comprehensive Management Plan, pursuant to 46 of the Executive Law, and (iv)the Long Island Nitrogen Management and Mitigation Plan pursuant to Chapter 53 of the Laws of 2015 including any amendments or updates to such plans. STORMWATER COLLECTING SYSTEM - systems of conduits and all other construction, devices and appliances appurtenant thereto designed and used to collect and carry stormwater and surface water, street wash and other wash and drainage waters to a point source for discharge. VESSEL PUMPOUT STATION -the planning design acquisition or construction activities in furtherance of a permanent or portable device capable of removing human sewage from a marine holdingtank. ank. WATER QUALITY IMPROVEMENT PROJECT- (i) wastewater treatment improvement projects (ii) non-point source abatement and control program projects developed pursuant to section 11-b of the Soil and Water Conservation Districts Law, section 1455b of the Federal Coastal Zone Management Act or Article 42 of the Executive Law, (iii) aquatic habitat restoration projects (iv) pollution prevention projects and (v) the operation of the Peconic Bay National Estuga Program as designated by the United State Environmental Protection Agency. Such projects shall have as their purpose the improvement of existing water quality to meet existing specific water quality standards Projects which have as a primary purpose to permit or accommodate new growth shall not be included within this definition. WASTEWATER TREATMENT IMPROVEMENT PROJECT-the planning, design, construction acquisition enlargement extension or alteration of a wastewater treatment facility, including alternative systems to a sewage treatment plant or traditional septic system,to treat, neutralize stabilize eliminate or partially eliminate sewage or reduce pollutants in treatment facility effluent including permanent or pilot demonstration wastewater treatment projects, or equipment or furnishings thereof. An incentive or rebate program established by the Town Board for the upgrade of existing septic systems or cesspools shall constitute an eligible project within the definition of a wastewater treatment improvement project Stormwater collecting systems and vessel pumpout stations shall also be included within the definition of a wastewater improvement -project. $17-44. Community Preservation Fund Project Plan. Updated: 8/24/2016 10:33 AM by Lynda Rudder Page 3 Resolution 2016-763 Board Meeting of August 23, 2016 A. Preservation of community character shall include the protection and improvement of the quality of all water resources. B. Before any revenues from the Community Preservation Fund maY be spent on water quality improvement projects as defined in this Article, all such projects shall first be gpproved by the Town Board as part of the Community Preservation Fund Project Plan, adopted pursuant to §64-e of Town Law and Article II of Chapter 17 herein. C. Said plan shall prioritize each project to be undertaken pursuant to this Article. In setting such priorities the Town Board shall consider the most prevalent pollutants affecting water quality in the Town and which projects will maximize the removal of such pollutants in the most cost effective manner. The plan shall provide a detailed written elaboration for the cost benefits in settingsuch uch priorities on a project by project basis. D. Said plan shall list every water quality improvement project which the Town plans to undertake pursuant to the Community Preservation Fund and shall state how such project will improve existing water quality, and the estimated maximum cost of such project. E The proposed water quality improvement project shall be for the planning design or implementation of a capital project with a probable useful life of at least five (5) years, pursuant to the state local finance law. - F The proposed water quality improvement project shall be consistent with one or more regional water quality improvement-plans. G 'Such projects shall advance measurable water quality improvement for the Peconic_Bay region. H Such projects shall comply with specific existing or proposed state or regional water quality standards or targets. I In the case of aquatic habitat restoration projects the project shall promote aquatic habitat restoration. J In the case of pollution prevention projects the project shall reduce avoid and/or eliminate the use of toxic or hazardous substances or the generation of such substances. K Projects which have as their purpose and effect the accommodation of new growth, as opposed to the remediation of water quality, shall not qualify for funding under this Article. §17-45. Certification. A No monies from the Communily Preservation Fund shall be expended for a water quality improvement project by the Town unless such project has first been certified by the Town Board by resolution,pursuant to this Article. B. In making such certification the Town Board shall find as follows: Updated: 8/24/2016 10:33 AM by Lynda Rudder Page 4- + l Resolution 2016-763 Board Meeting of August 23, 2016 1. The proposed water quality improvement project is for the planning design, or implementation of a capital project with a probable useful life of at least five (5) years, pursuant to the state local finance law; 2. The proposed water quality improvement project is consistent with one or more regional water quality improvement plans; 3. Such project advances measurable water quality improvement for the Peconic Bay Region; 4. Such project complies with specific existing or proposed state or regional water ug ality standards or targets; 5. In the case of aquatic habitat restoration projects,the project will promote aquatic habitat restoration; and 6. In the case of pollution prevention projects the projects will reduce, avoid, and/or eliminate the use of toxic or hazardous substances, or the generation of such substances. C The Town Board shall not certify projects which accommodate new or additionalrg owth. §17-46. Water Quality Advisory Committee. A A Water Quality Advisory Committee shall be established pursuant to Town Board resolution to review and make recommendations on proposed water quality_improvement projects using monies from the Fund. B Such Committee shall consist of(five or seven) members who shall be residents of the Town and who shall serve without compensation. No member of the Town Board shall serve on said Committee nor shall any member have a direct interest in any project for which fundin is sought. C The members shall include individuals with demonstrated expertise in water quality issues estuarine science civil engineering, shellfish restoration or similar relevant credentials. D The responsibilities of such Committee may include but not be limited to, assisting in the development of the project plan drafting requests for proposals to implement water quality improvement projects reviewing and prioritizing proposed projects and offering such further advice and recommendations as the Town Board may specify and deem necessary. SECTION 2. Amendment. Town Code §17-40 is hereby amended by deleting the stricken words and adding the underlined words as follows: ARTICLE IV Two Percent Real Estate Transfer Tax §17-40. Effective Date, Referendum Requirement. This article is subject to a mandatory referendum as set forth in § 1449-bb of Article 31-D of the Tax Law. This article shall take effect on Mar-oh 1, 1999, after the approval at the general election to be held on November 8, 2016, by the affirmative vote of a majority of the qualified Updated: 8/24/2016 10:33 AM by Lynda Rudder Page 5 ELIZABETH A.NEVILLE,MMC ��4 �/� Town Hall,53095 Main Road TOWN CLERK P.O. Box 1179 coo Southold,New York 11971 REGISTRAR OF VITAL STATISTICS .g Fax(631)765-6145 MARRIAGE OFFICER -01, Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 24, 2016 Express Mail j 11 5 5 2 6 6 4 6 5 3 U S !� RE: Local Law No. 7, 8, & 9 of 2016 Town of Southold,,Suffolk County Ms. Linda Lasch Principal Clerk New York State Department of State State Records & Law Bureau One Commerce Plaza 99 Washington Avenue Albany,NY 12231 Dear Ms. Lasch: In accordance with provisions of Section 27 of the Municipal Home Rule Law, I am enclosing herewith certified copy of Local Law No. 7, 8, & 9 of 2016 of the Town of Southold, suitable for filing in your office. I would appreciate if you would send me a receipt indicating the filing of the enclosures in your office. Thank you. Very truly yours, Lynda M Rudder Deputy Town Clerk Enclosures cc: Town Attorney Customer Copy ., II _ _ • Label 11-F April 2604 i .I III��II I •VIII VIII VIII VIII VIII II III I I III � , , --r EXPRESS III III IIIIIIII II EM 552664'653 US MAIL ' ' UNITED STATES POSTALSERVJCE9 Post Of iceToAddressee, PC ZIP Code `(J .Day of Deliver,Dy�e$,li/vDeliver, P@os Delivery Attempt + Time ❑AM Employee Signature ( ❑Ne2 d C:] Del 2nd Day W Mo Da ❑PM - Scheduled a f,Delivery Return Receipt Fee, Delivery Attempt Time ,.Employee S(gnature ��fe Acce ted ', y� st} 'AM/gontho. .❑'PM ,t� Schedule4l Tlme of Delivery GOD Fee Insurance Fee Delivery Dete Time <Eni to ee 3i nature Day Year p y g ❑AM Time Acce rt - ❑,.AM +l_I Noon ❑3PM $. , $ Mo. Day ❑PM• Via, Military,, , Total Postage;&Fees z,I_iyyAtvEROF914NATURErDem?siic IMail Only)Add itime I morcNandise insurnnco is fl.]PM 'void+t waivecot signator¢is raquested.i srisb dnrrvefyto be made fvithout OlAaintng stgnatum { ❑2nd Day ❑3rd Day $ Cf a»dressee M atltl'eSo°<'•c a f?'t'.¢{.±9;;ye•}•g••�o�ove?}udg?c ibdt dn�C{4 Can be teH in sect o - Flat Rate❑Of W ght, io•)and t autaorizC that cwlvery empfoyee s siOnatare con5jdut^_.valid proof of datrvery.- Int'1Alpha Country Code Aoceta .Initials ' NODELIVERYOWeeltend� DHortday .. lbs ozs. s Customer Signature pp�METHOD OF PAYMENT: .T. N 4 •g Express Mau Corporate Acct No, �,, ' I FpPaatal Sem n A.rt No .. i a 2p,�t.�y# (y I „F.ROPA:,iPl.EASE PRINTI, PHO 631 J Y � r TO:IPLEASEPRINT). .PHONE( F. ` I C�6<:i<1 0 V. CAF33 ti0LD g ?,. C}.,..�C �'.:I i 9 Rys' D6,Pdrtii1eitt,of :tete . SO, FIOLY) .J�urc—3 za Via S officeEEttB8�4 , � i� L L :J f 1 Total $0.00 Includes up to $100 insurance Yf:CYC>rYfYf>rYC:rYCYLY:�>r>rX':C:CYfYCYC Y:1t>r YCkXYC YC 1l Yc 1C YC:C 7C�YC]C BRIGHTEN SOMEONE'S MAILBOX. Greeting cards available for purchase at select Post Offices. Save this receipt as evidence of Iinsurance. For information on filing an insurance claim go to https://www.usps.com/help/claims.litm. NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET Loeal Law Filing - - -- -- Ac11n*Y.NY 11zjr . (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. ❑ County ❑ City 0 Town of SOUTHOLD ❑ Village Local Law No. of the year 2016 . A Local Law entitled, A Local Law to amend Southold Town Code Chapter 17 (Community Preservation Fund) to (i) extend the effective date of the'Cb ippriftPreservation Fund Real Estate Transfer Tax, imposed pursuant to Article 31-D of the State Tax Law,until December 31, 2050, and (ii)authorize the use of a portion of the Community Preservation Fund, not to exceed 20%, for water quality improvement projects., Be it enacted the Town Board of the: ❑ County ❑ City 0 Town of SOUTHOLD ❑ Village SECTION 1. Amendment, The Southold Town Code is hereby amended by adding the underlined words as follows: ARTICLE V Water Quality Improvement §17-41. Purpose. A. The purpose of this Article shall be to implement the authority delegated by the State to the Town of Southold pursuant to Chapter 551 of the Laws of 2015. B. Specifically, this Article shall permit the Town to use up to 20% of the Community Preservation Fund's annual revenues to undertake water quality improvement projects, as defined herein, in order to preserve community character by improving water quality. The Town shall use the prior calendar's year revenue to determine the maximum amount available for water quality improvement project allocations pursuant to the state-mandated limit of up to 20%. C. Projects eligible for funding shall include: (1) wastewater treatment improvement projects, (2) non-point source abatement and control program projects developed pursuant to section 11-b of the Soil and Water Conservation Districts Law, section 1455b of the Federal Coastal Zone Management Act, or Article 42 of the Executive Law, (3) aquatic habitat restoration projects, (4) pollution prevention projects, and (5)the operation of the Peconic Bay National Estuary (If additional space is needed,attach pages the same size as this sheet,and number each.) DOS-239(Rev.05/05) 1 c 7 Program, as designated by the United State Environmental Protection Agency. D. Eligible projects shall also include those undertaken by the Town through a watershed protection improvement district, created pursuant to Article 12 or 12-A of Town Law. E. No monies from the fund shall be expended for a water quality improvement project by the Town unless such project has first been certified by the Town Board pursuant to §17-45 herein. §17-42. Authority. Pursuant to Chapter 551 of the Laws of 2015,the Town Board is hereby authorized to utilize revenues from the Community Preservation Fund to implement water quality improvement projects in accordance with a plan to preserve community character, pursuant to Article III of this Chapter. A maximum of twenty (20)percent of the Fund's annual revenues may be utilized for the implementation of water quality improvement projects,provided that where such water quality improvement funds are utilized for the operation of the Peconic Bay National Estuary Program, the use of such funds shall only be utilized to match federal, state, county, or other public or private funds on a dollar for dollar basis, not to exceed ten (10)percent of the annual amount appropriated for water quality improvement projects. §17-43. Definitions. As used in this article, the following words and terms shall have the following meanings: AQUATIC HABITAT RESTORATION PROJECT-planning, design, construction, management, maintenance, monitoring, reconstruction, revitalization, or rejuvenation activities intended to improve waters of the state of ecological significance or any part thereof, including,but not limited to,ponds, bogs, wetlands, bays, sounds, streams, rivers, or lakes and shorelines thereof,to support a spawning, nursery, wintering, migratory, nesting,breeding, feeding, or foraging environment for fish and wildlife and other biota. POLLUTION PREVENTION PROJECT-planning, design, construction, improvement, maintenance or acquisition of facilities, production processes,equipment or buildings owned or operated by municipalities for the reduction, avoidance, or elimination of the use of toxic or hazardous substances, or the generation of such substances or pollutants so as to reduce risks to public health or the environment, including changes in production processes or raw materials. Such projects shall not include incineration, transfer from one medium of release or discharge to another medium, off-site or out-of-production recycling, end-of-pipe treatment, or pollution control. REGIONAL WATER QUALITY IMPROVEMENT PLAN - a water quality improvement plan adopted pursuant to state or federal law, which has as its purpose the improvement of water quality in all or part of the Peconic Bay region, including,but not limited to, (i)the comprehensive conservation and management plan(CCMP) for the Peconic Estuary Program pursuant to the National Estuary Program (P.L. 100-4) under the Clean Water Act(P.L. 92- 500), (ii)the Comprehensive Conservation and Management Plan(CCMP) for the Long Island Sound Estuary Program, pursuant to the National Estuary Program(P.L. 100-4)under the Clean Water Act(P.L. 92-500), (iii)the South Shore.Estuary Reserve Comprehensive Management Plan,pursuant to 46 of the Executive Law, and (iv)the Long Island Nitrogen Management and Mitigation Plan,pursuant to Chapter 53 of the Laws of 2015, including any amendments or updates to such plans. 2 STORMWATER COLLECTING SYSTEM- systems of conduits and all other construction, devices, and appliances appurtenant thereto, designed and used to collect and carry stormwater and surface water, street wash, and other wash and drainage waters to a point source for discharge. VESSEL PUMPOUT STATION-the planning, design, acquisition, or construction activities in furtherance of a permanent or portable device capable of removing human sewage from a marine holding tank. WATER QUALITY IMPROVEMENT PROJECT- (i) wastewater treatment improvement projects, (ii)non- point source abatement and control program projects developed pursuant to section 11-b of the Soil and Water Conservation Districts Law, section 1455b of the Federal Coastal Zone Management Act, or Article 42 of the Executive Law, (iii) aquatic habitat restoration projects, (iv)pollution prevention projects, and(v)the operation of the Peconic Bay National Estuary Program, as designated by the United State Environmental Protection Agency. Such projects shall have as their purpose the improvement of existing water quality to meet existing specific water quality standards. Projects which have as a primary purpose to permit or accommodate new growth shall not be included within this definition. WASTEWATER TREATMENT IMPROVEMENT PROJECT-the planning, design, construction, acquisition, enlargement, extension, or alteration of a wastewater treatment facility, including alternative systems to a sewage treatment plant or traditional septic system, to treat, neutralize, stabilize, eliminate or partially eliminate sewage or reduce pollutants in treatment facility effluent, including permanent or pilot demonstration wastewater treatment projects, or equipment or furnishings thereof. An incentive or rebate program established by the Town Board for the upgrade of existing septic systems or cesspools shall constitute an eligible project within the definition of a wastewater treatment improvement project. Stormwater collecting systems and vessel pumpout stations shall also be included within the definition of a wastewater improvement project. §17-44. Community Preservation Fund Project Plan. A. Preservation of community character shall include the protection and improvement of the quality of all water resources. B. Before any revenues from the Community Preservation Fund may be spent on water quality improvement projects as defined in this Article, all such projects shall first be approved by the Town Board as part of the Community Preservation Fund Project Plan, adopted pursuant to §64-e of Town Law and Article II of Chapter 17 herein. C. Said plan shall prioritize each project to be undertaken pursuant to this Article. In setting such priorities, the Town Board shall consider the most prevalent pollutants affecting water quality in the Town and which projects will maximize the removal of such pollutants in the most cost effective manner. The plan shall provide a detailed written elaboration for the cost benefits in setting such priorities on a project by project basis. D. Said plan shall list every water quality improvement project which the Town plans to undertake pursuant to the Community Preservation Fund, and shall state how such project will improve existing water quality, and the estimated maximum cost of such project. E. The proposed water quality improvement project shall be for the planning, design,or implementation of a capital project with a probable useful life of at least five (5) years,pursuant to the state local finance law. 3 F. The proposed water quality improvement project shall be consistent with one or more regional water quality improvement plans. G. Such projects shall advance measurable water quality improvement for the Peconic Bay region. H: Such projects shall comply with specific existing or proposed state or regional water quality standards or targets. I.. In the case of aquatic habitat restoration projects,the project shall promote aquatic habitat restoration. J, In the case of pollution prevention projects,the project shall reduce, avoid, and/or eliminate the use of toxic or hazardous substances, or the generation of such substances. K. Projects which have as their purpose and effect the accommodation of new growth, as opposed to the remediation of water quality, shall not qualify for funding under this Article. §17-45. Certification. A. No monies from the Community Preservation Fund shall be expended for a water quality improvement project by the Town unless such project has first been certified by the Town Board, by resolution, pursuant to this Article. B. In making such certification,the Town Board shall find as follows: 1. The proposed water quality improvement project is for the planning,design, or implementation of a capital project with a probable useful life of at least five (5) years, pursuant to the state local finance law; 2. The proposed water quality improvement project is consistent with one or more regional water quality improvement plans; 3. Such project advances measurable water quality improvement for the Peconic Bay Region; 4. Such project complies with specific existing or proposed state or regional water quality standards or targets; 5. In the case of aquatic habitat restoration projects, the project will promote aquatic habitat restoration; and 6. In the case of pollution prevention projects,the projects will reduce, avoid, and/or eliminate the use of toxic or hazardous substances, or the generation of such substances. C. The Town Board shall not certify projects which accommodate new or additional growth. §17-46. Water Quality Advisory Committee. A. A Water Quality Advisory Committee shall be established pursuant to Town Board resolution to review and make recommendations on proposed water quality improvement projects using monies from the Fund. B: Such Committee shall consist of(five or seven) members who shall be residents of the Town and who shall serve without compensation. No member of the Town Board shall serve on said 4 j Committee, nor shall any member have a direct interest in any project for which funding is sought. C. The members shall include individuals with demonstrated expertise in water quality issues, estuarine science, civil engineering, shellfish restoration, or similar relevant credentials. D. The responsibilities of such Committee may include, but not be limited to, assisting in the development of the project plan, drafting requests for proposals to implement water quality improvement projects, reviewing and prioritizing proposed projects, and offering such further advice and recommendations as the Town Board may specify and deem necessary. SECTION 2. Amendment. ARTICLE IV Two Percent Real Estate Transfer Tax §17-40. Effective Date, Referendum Requirement. This article is subject to a mandatory referendum as set forth in § 1449-bb of Article 31-D of the Tax Law. This article shall take effect after the approval at the general election to be held on November 8,2016,by the affirmative vote of a majority of the qualified electors of the Town of Southold and filing with the Secretary of State; and provided further that the real estate transfer tax imposed by Local Laws No. 8-2002 of 2002 and No. 14-2006 of 2006 shall expire and be deemed repealed as to any conveyance taking place after December 31, 2050. SECTION 3. Mandatory Referendum. This local law is subject to a mandatory referendum pursuant to §23(1) of Municipal Home Rule Law, as provided for by Chapter 551 of the Laws of 2015. SECTION 4. Ballot Proposition. Pursuant to Chapter 551 of the Laws of 2015, and §23(1) of Municipal Home Rule Law,the following proposition shall be placed before the electors of the Town of Southold at the general election to be held on Tuesday,November 8, 2016: "Shall a Local Law entitled, `A LOCAL LAW amending Southold Town Code Chapter 17 (Community Preservation Fund) to (i) extend the effective date of the Community Preservation Fund Real Estate Transfer Tax until December 31, 2050, and (ii) authorize the use of a portion of the Community Preservation Fund, not to exceed 20%, for water quality improvement projects,' BE APPROVED?" SECTION 5. Authority. The proposed local law is enacted pursuant to Municipal Home Rule Law §§I0(1)(ii)(a)(11) and (12), §10(1)(ii)(d)(3), and Chapter 551 of the Laws of 2015, amending Town Law§64- e. SECTION 6. Severability. If any section or subsection, paragraph, clause, phrase, or provision(s) of this law shall be judged invalid or held ' unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or 5 P f 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto,designated as local law No. _.8 _ of 20 16 of the , )(G (Town)' )of SOUTHOLD was duly passed by the TOWN BOARD. on . ^ August 23. _ 20 16 , in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval,no disapproval or re-passage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No, of 20 of the(County)(City)(Town)(Village)of was duly passed by the on 20 ,and was (approved)(not approved)(re-passed after disapproval) by the and was deemed duly adopted on 20 , in accordance with the applicable provisions of law, 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No.., _ of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 ,and was(approved)(not approved)(repassed after disapproval) by the on 20_ __. Such local law was submitted to the people by reason of a(mandatory)(permissive)referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the(general)(special)(annual)election held on 20 , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No, of 20 of the (County)(City)(Town)(Village) _of was duly passed by the on 20 , and was (approved)(not approved) (repassed after disapproval) by the on 20 Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 , in accordance with the applicable provisions of law. Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county-wide basis or,If there be none,the chairperson of the county legislative body,the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. 7 0 ) 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto,designated as local law No. of 20 of the City of _ having been submitted to referendum pursuant to the provisions of section (36)(37)of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the(special)(general)election held on became operative. 6. (County local law concerning adoption of Charter.) I,hereby certify that the local law annexed hereto,designated as local law No of 20 of the County of State of New York, having been submitted to the electors at the General Election of November . 20 m , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed,please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript there from and of the whole of such original local law,and was finally adopted in the manner indicated in paragraph 1 , above. Clerk of theeortlofficer y.legislative body. City. Town or (Seal) Village Cledesignated by local legislative body Elizabeth A.Neville,Town Clerk Date;, Au tts't 24,2016 (Certification to be executed by County Attorney,Corporation Counsel,Town Attorney,Village Attorney or other authorized attorney of locality.) STATE'OF NEW YORK, COUNTY OF SUFFOLK I,the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. N Signature William Duffy,Town Attorney Damon Hagan,Assistant Town Attorney Title Gout Gity Town of . _ SOUTHOLD- Date. Augusf,24,2016 8 STATE OF NEW YORK DEPARTMENT OP STATE ONE COMMERCE PLAZA ANDREW M.CUOMO GOVERNOR 99 WASHINGTON AVENUE ALBANY,NY 12231-0001 ROSSANA ROSADO W W W.DOS.NY.GOV SECRETARY OF STATE August 26, 2016 RECEIVED Lynda M Rudder Deputy Town Clerk SEP - 2 206 Town Hall 53095 Main Road PO Box 1179 Southold NY 11971 Southold Town Clerk RE: Town of Southold, Local Law 7, 8, 9 2016, filed on August 26, 2016 Dear Sir/Madam: The above referenced material was filed by this office as indicated. Additional local law filing forms can be obtained from our website, www.dos.ny.gov. Sincerely, State Records and Law Bureau (518) 473-2492 NEW YORK Department STATE OF OPPORTUNITY- of State Resolution 2016-763 Board Meeting of August 23, 2016 electors of the Town of Southold and filing with the Secretary of State; and provided further that the real estate transfer tax imposed by this ai4iele Local Laws No. 8-2002 of 2002 and No. 14- 2006 of 2006 shall expire and be deemed repealed as to any conveyance taking place after December 31,2-OM 2050. SECTION 3. Mandatory Referendum. This local law is subject to a mandatory referendum pursuant to §23(1) of Municipal Home Rule Law, as provided for by Chapter 551 of the Laws of 2015. i SECTION 4. Ballot Proposition. Pursuant to Chapter 551 of the Laws of 2015, and §23(1) of Municipal Home Rule Law, the following proposition shall be placed before the electors of the Town of Southold at the general election to be held on Tuesday,November 8, 2016: "Shall a Local Law entitled, `A LOCAL LAW amending Southold Town Code Chapter 17 (Community Preservation Fund) to (i) extend the effective date of the Community Preservation Fund Real Estate Transfer Tax until December 31,2050, and (ii) authorize the use of a portion of the Community Preservation Fund, not to exceed 20%,for water quality improvement projects,' BE APPROVED?" SECTION 5. Authority. The proposed local law is enacted pursuant to Municipal Home Rule Law §§10(1)(ii)(a)(11) and (12), §10(1)(ii)(d)(3), and Chapter 551 of the Laws of 2015, amending Town Law §64- e. SECTION 6. Severability. If any section or subsection, paragraph, clause, phrase, or provision(s) of this law shall be judged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional. SECTION 7. Effective Date. This local law shall take effect upon filing with the Secretary of State and upon approval at the general election to be held on November 8, 2016, by the affirmative vote of the qualified electors of the Town of Southold upon the proposition set forth in Section 4 of this local law. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER:Louisa P. Evans, Justice AYES: Dinizio Jr, Doherty, Ghosio, Evans, Russell ABSENT: William P. Ruland Updated: 8/24/2016 10:33 AM by Lynda Rudder Page 6 SOUTHOLD TOWN BOARD PUBLIC HEARING August 9, 2016 4:32 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman William Ruland Councilwoman Jill Doherty Councilman James Dinizio, Jr. Councilman Bob Ghosio, Jr. Town Clerk Elizabeth Neville Town Attorney Bill Duffy This hearing was opened at 5:30 PM COUNCILMAN GHOSIO: TAKE NOTICE, that the Town Board of the Town of Southold hereby directs that a public hearing shall be held on August 9,2016, at 4:30 p.m., at Southold Town Hall, 53095 Main Rd., Southold,New York, to hear any and all persons either for or against a proposed local law entitled, "A LOCAL LAW to consider amending Southold Town Code Chapter 17 (Community Preservation Fund) to (i) extend the effective date of the Community Preservation Fund Real Estate Transfer Tax, imposed pursuant to Article 31-D of the State Tax Law, until December 31, 2050, and (ii) authorize the use of a portion of the Community Preservation Fund, not to exceed 20%, for water quality improvement projects." Summary of Proposed Law The purpose of this local law is to implement the authority delegated by the State to the Town of Southold pursuant to Chapter 551 of the Laws of 2015. Specifically, this local law allows the Town to use up to 20% of the Community Preservation Fund's annual revenues to undertake water quality improvement projects, as defined herein, in order to preserve community character by improving water quality. Projects eligible for funding include: (i) wastewater treatment improvement projects, (ii) non-point source abatement and control program projects developed pursuant to section 11-b of the Soil and Water Conservation Districts Law, section 1455b of the Federal Coastal Zone Management Act, or Article 42 of the Executive Law, (iii) aquatic habitat restoration projects, (iv) pollution prevention projects, and (v)the operation of the Peconic Bay National Estuary Program, as designated by the United State Environmental Protection Agency. Importantly, no monies from the fund may be expended for a water quality improvement project unless such project has first been certified by the Town Board pursuant to the provisions of said law. Copies of the proposed law, sponsored by the full Town Board, are on file in the Town Clerk's Office, Monday through Friday, from 8:00 a.m. to 4:00 p.m. I have a copy of the legal notice from the Suffolk Times dated August 4, 2016 and also an Amendments to Ch. 17, Community Preservation Fund August 9, 2016 page 2 affidavit that this was posted on the Town Clerk's bulletin board here in Town Hall. That's all I have. SUPERVISOR RUSSELL: Would anybody like to address the Town Board on this particular local law? Melissa? MELISSA SPIRO: Melissa Spiro, Land Preservation Coordinator. As noticed, this hearing pertains to both the extension of the Community Preservation fund and the Water Quality project improvement addition. The community Preservation Fund has significantly impacted in a very positive way the towns preservation efforts. We are far from done and the extension to 2050 will allow us to continue and hopefully increase our efforts knowing there will be a continuation of the funding stream into the far future. The map in front shows all the protected lands within Southold Town and the Village of Greenport. All the green parcels are protected already. This includes preservation efforts and funding from many different entities, many different types of preservation and many different sources of funding. I don't have the dollar amounts, since this goes way back, however it represents over 9,000 acres of preserved land. Since its inception, Southold's Community Preservation Fund has generated over $78 million in 2% land transfer tax revenue. The CPF transfer tax was used to leverage an additional $21.6 million of federal, state and county funds, private grants and donations. Over $100 million of CP funds have been used for land and development rights acquisitions. This includes over $33 million for the preservation of open space lands and over $66 million to purchase development rights on farmland. The Town has used the fund for over 120 acquisitions totally over 2,000 acres. This includes preservation of over 660 acres of open space and over 1,400 acres of preserved farmland. We are not done and I call your attention back to the map in the front, the public hearing that we had before pertains to the Community Project plan and I told you how many acres were on there. the map illustrates all of the list of the eligible parcels in the plan and those parcels that are eligible for using Community Preservation funds. The eligible parcels are all shown in orange. There are over 950 parcels, totally over 9,500 acres. Over 5500 of these acres including farmland preservation as being the primary purpose. As the numbers I have mentioned show, this Town Board, prior Town Board's and the residents of Southold Town have consistently supported preservation efforts and funding for preservation. Passage by the Town Board of this local law and approval by the voters of the proposition in November will allow the continuation of the town's important land preservation efforts. I support this, I hope the Town Board does too and I am here if there are any questions pertaining to this local law. Thank you. SUPERVISOR RUSSELL: Thank you. Anybody else? ROBERT DUNN: Robert Dunn, Peconic. A comment and then two questions. The, going to 2050, certainly speaking for myself and a few other people in this room, is forever. I don't know why it wasn't considered in just making it permanent. When you do things less than permanent, it just casts a doubt on it. My bigger question is, this fund seems to have been very successful, certainly from the results that we can all see and in a way cannibalizing something that doesn't seem to me to be advisable. Second to that is, what you want to do with the 20 percent of it I think is admirable but couldn't it be a standalone number? In addition? So if the whole thing went to 2 '/Z percent and 2 percent stayed with community preservation and '/2 a percent went to also a just cause that we are hopeful will have equal results that community preservation did, you Amendments to Ch. 17, Community Preservation Fund August 9, 2016 page 3 get my point. SUPERVISOR RUSSELL: Yes. Honestly, I think the problem with this particular law as proposed, it puts land preservation and groundwater protection in competing, you know. MR. DUNN: They are both needed. SUPERVISOR RUSSELL: Right. MR. DUNN: And one is already proven to do a good job. And the other one I hope does as well a job but it should be funded on its own, not at the expense of something that has been successful. SUPERVISOR RUSSELL: It needs its own committed source, a unique source of funding, I agree. But right now, this is the law that was offered. I think the benefits outweigh the cons in terms of the legislation which is why I am going to offer it up on the ballot for the fall. And what you mentioned before about the CPF being permanent, this will take it out to 2050 I think, right? MR. DUNN: It's permanent for me. SUPERVISOR RUSSELL: I am 52, so it's pretty much permanent for me. MR. DUNN: Thank you. SUPERVISOR RUSSELL: Okay. BOB DELUCA: Good evening, Supervisor Russell, members of the Town Board. My name is Bob DeLuca, I live in East Marion and I am here speaking as President of Group for the East End. I am here to lend our support to the proposed amendments to Chapter 17, and we very much would like to see this proposal put before the electorate in Southold, with the hope of extending the fund to 2050. Two things, one first of all, you and prior Boards are all owed a great debt of gratitude for working with this program to make it so successful and through it all maybe more than all of those Boards, the work that Melissa has done and I have known Melissa for a long time, is really phenomenal. It is not easy work to do, the closing of one acre piece of property is the same as a 50 acre piece of property and she has done it with great eloquence and professionalism and I think that's why you have had much of the success you have had. With to respect to where are now a couple of things related to the gentleman's questions which I think are good ones, we have before us now a piece of legislation passed in the state legislature which we don't have an awful lot of choices in how we deal with it. We kind of have to deal with it this way. I think everyone would agree we need money for water quality and we certainly need, as Melissa pointed out, money for additional land protection. We don't have an option right now and I have yet to see in the past five to seven years as the water quality issue has taken on much bigger life as far as an issue, other sources of revenue that are really coming forward that we think we have a chance of getting moving on this. I would say one of the plusses is your Community Preservation Fund for land as leveraged against other available money and it has Amendments to Ch. 17, Community Preservation Fund August 9, 2016 page 4 probably doubled its value in what's come back to the town. I would like to think that with respect to water,quality, certainly the work that we are doing and other organizations, we are not stopping here so we are trying to push the county and the state to create funding mechanisms that will help you leverage the monies that come out of this program but the one thing we feel we can't do is to continue to wait for something else to happen and so we have this before us, we would like to see it go forward and we are going to work to try to help folks get to the ballot and approve it. we also just want to say that the development for the plan as to how to use the water quality is at least as important as the money that you have coming in and we certainly are available to help with that. just two very brief comments on a technical side, you know, one is obviously you are going to want to align that plan with the work coming out of the comprehensive planning work and that is a good way to make sure that the document regarding water quality funds is consistent with the time and energy you put in the comprehensive planning. The other one and this is a minor thing but it came up in the East Hampton hearing last week, in the definition section which is 17.43, the legislation-speaks to say projects which have as their primary purpose to permit or accommodate new growth shall not be included in the definition and there was this tension about as their primary purpose, that language possibly leading people to say what development project ever came in and said its primary purpose was to come in and develop the town to death? They usually come in something else. So that issue came up a couple of times in East Hampton, I think it is being kicked around, you might want to look at something as simple as saying projects which permit or accommodate new growth shall not be permitted and leave it at that. The town is not going to have tons of money here to help every developer put in a sewage treatment plant anyway and you may as well focus the energy and attention on trying to fix the systems that we want to fix that are in the ground already and I just offer that for your consideration. Because I know it is being looked at in other towns and for organizations like ours that work in all five towns, the closer that these laws all line up together, the easier it is for us. So that's all really all I have to offer. Again, my great thanks for the work that has been done, my hope that you will be able to pass these amendments and our commitment to help advance this proposal should it go to the ballot in November. Thanks. SUPERVISOR RUSSELL: Thanks Bob. Yes, please. JOHN KENDALL: Good afternoon. My name is John Kendall. I reside at 150 Goose Creek Lane Extension and the situation is that Suffolk County is selling our Lane. We have 10 households on the lane exclusive of the prospective purchaser. The prospective purchaser is a private party and we haven't had too much communication with this person and we are very concerned because we have nice homes on this lane.... SUPERVISOR RUSSELL: I hate to interrupt, Mr. Kendall, can you give us one second to close this public hearing that we were in? No, stay right there and then we will let you finish your comment, unless anyone else wants to comment on this public hearing? I am sorry, but we are still in a public hearing. Mr. Kendall,just give us a minute. KEVIN MCDONALD: I will be brief. Kevin McDonald with the Nature Conservancy. We, like the former speaker at this podium Bob DeLuca, support the extension of the Community Preservation Fund to 2050 and the option of creating a new category or eligible funding for a whole host of water quality improvement projects. I would ask you to think about the first major Amendments to Ch. 17, Community Preservation Fund August 9, 2016 page 5 bond issue that your predecessors ever acted on, to buy either farmland development rights or parks in your town and somebody said it's just such a small beginning and what you realize is that over 20, 30, 40, 50 year period, you have a continuum of effort that's responsible for all those green spots that's on that map. And we are on the same starting point with water quality improvement projects and I would ask you to consider the beginning of your water quality improvement project investment strategy, whatever that is, upgrading onsite waste disposal systems and things like that, based on new technology that's ready today, soon to be approved by the county and will actually be better just a year from now because of other developments that are underway. You will be developing the infrastructure within your town as to who the installers of those units are, you will have practical experience with seeing how they are installed and how they work and that will be the basis upon which other revenue sources can be brought to bear jointly with the town and the other towns across the east end to address this issue better than it does. But this is what the beginning of anything looks like and sometimes it's daunting and sometimes it feels you are slightly undercapitalized for it, that's okay. So the thing I particularly draw your attention to in your local law, I appreciate the science or the technical advisory committee you are creating, this is work that is going on in other parts of the country, it's going on all along the Chesapeake Bay, southern Florida. Even Hawaii is dealing with the exact same problem, the effects of too much nitrogen from onsite waste disposal systems in their estuaries, bays and harbors that surround their region. This is a global problem, it's a national problem and at a local level, this is the beginning of what addressing that looks like. So I understand you have other things going on today, I thank you for the opportunity to speak and urge to move this to a vote and a ballot for the public in November. Thank you. SUPERVISOR RUSSELL: Thank you. I am sorry, I still have to take public comments responsive to the public hearing. MR. KENDALL: Okay, well, let me_sit and let me know when I can speak. SUPERVISOR RUSSELL: Sure I will. HOLLY SANFORD: Good afternoon, Holly Sanford from the Peconic Land Trust. I just want to thank you for the opportunity to speak in favor of extending the Community Preservation Fund. Since its inception in 1998, the Community Preservation Fund has provided our community with the critical funding to preserve over 10,000 acres of working farms, natural land and historic resources. The Peconic Land Trust supports the proposal to place on the ballot this November the extension of the Community Preservation Fund until 2050, including water quality initiatives as described in a plan developed and approved by the Town Board. The extension and modification of the CPF will provide our towns with the capital necessary to not only protect the land that defines our community but also to invest in measures and technology to restore and protect our water quality. The CPF extension is a positive declaration for the voters to make this November to continue the ground breaking conservation and preservation work that has been done in Suffolk County. It also allows nonprofit organizations like the Peconic Land Trust to leverage the funds we raise to conserve more land for the public benefit. Public programs like the CPF make the east end of Long Island the envy of communities across the country. Providing critical financial resources to protect our lands. Funding from the CPF can help insure a future with locally farmed foods, pristine woodlands, fresh drinking water, Amendments to Ch. 17, Community Preservation Fund August 9, 2016 page 6 beautiful beaches, miles of coastline and walking trails, natural habitats that protects endangered species and historic resources. The extension and inclusion of a water quality initiative, initiative that would provide our local farmers with the support they need to be best possible stewards of our land and water resources will benefit our local economy and families for generations to come. Thank you for your consideration and leadership in preservation and conservation. Thank you. SUPERVISOR RUSSELL: Thank you. Would anyone else like to address the Board on this particular public hearing? (No response) This hearing was closed at 5:46 PM Eliz eth A.Neville Southold Town Clerk PUBLIC HEARING#1 SUMMARY OF LL/AMENDMENT TO CHAPTER 17 C Community_Ptp§&vation Fund" Allow for up to 20% of annual revenue to be used for water quality improvement projects.and extend fund to 2050. THE PROPOSED LOCAL LAW THAT IS THE SUBJECT OF THE PUBLIC HEARING THIS AFTERNOON PROPOSES TO AMEND CHAPTER 17 OF THE SOUTHOLD TOWN CODE ENTITLED "COMMUNITY PRESERVATION FUND." THE PURPOSE OF THIS LOCAL LAW IS TO IMPLEMENT THE AUTHORITY DELEGATED BY THE STATE TO THE TOWN OF SOUTHOLD PURSUANT TO CHAPTER 551 OF THE LAWS'OF 2015. SPECIFICALLY, THIS LOCAL LAW ALLOWS THE TOWN TO USE UP TO 20% OF THE COMMUNITY PRESERVATION FUND'S ANNUAL REVENUES TO UNDERTAKE WATER QUALITY IMPROVEMENT PROJECTS. PROJECTS ELIGIBLE FOR FUNDING INCLUDE: (I) WASTEWATER TREATMENT IMPROVEMENT PROJECTS, (II)NON- POINT SOURCE ABATEMENT AND CONTROL PROGRAM PROJECTS, (III) AQUATIC HABITAT RESTORATION PROJECTS, (IV) POLLUTION PREVENTION PROJECTS,AND (V) THE OPERATION OF THE PECONIC BAY NATIONAL ESTUARY PROGRAM. NO MONIES FROM THE FUND SHALL BE EXPENDED FOR A WATER QUALITY IMPROVEMENT PROJECT BY THE-TOWN UNLESS SUCH PROJECT HAS FIRST BEEN THE SUBJECT OF A PUBLIC HEARING AND CERTIFIED BY THE TOWN BOARD. THE PROPOSED LOCAL LAW ALSO EXTENDS THE 2% COMMUNITY PRESERVATION FUND TRANSFER TAX FROM DECEMBER 31, 2030 TO DECEMBER 31, 2050. IF THE LOCAL LAW IS ADOPTED BY THE TOWN BOARD IT SHALL BE SUBJECT TO A MANDATORY REFERENDUM AT THE GENERAL ELECTION TO BE HELD ON TUESDAY,NOVEMBER 8, 2016. THE FULL TEXT OF THE PROPOSED LOCAL LAW IS AVAILABLE FOR REVIEW IN THE TOWN CLERK'S OFFICE AND ON THE TOWN'S WEBSITE c Southold Town Board - Letter Board Meeting of August 9, 2016 RESOLUTION 2016-763 Item# 5.26 TABLED DOC ID: 12186 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2016-763 WAS TABLED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 9,2016: WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 26th day of July, 2016, a Local Law entitled "A Local Law to consider amending Southold Town Code Chapter 17 (Community Preservation Fund) to (i) extend the effective date of the Community Preservation Fund Real Estate Transfer Tax, imposed pursuant to Article 31-D of the State Tax Law,until December 31, 2050, and (ii) authorize the use of a portion of the Community Preservation Fund, not to exceed 20%,for water quality improvement projects" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons will be given an opportunity to be heard,NOW therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A LOCAL LAW to consider amending Southold Town Code Chapter 17 (Community Preservation Fund) to (i) extend the effective date of the Community Preservation Fund Real Estate Transfer Tax, imposed pursuant to Article 31-D of the State Tax Law, until December 31, 2050, and (ii) authorize the use of a portion of the Community Preservation Fund, not to exceed 20%,for water quality improvement projects" reads as follows: LOCAL LAW NO. OF 2016 A LOCAL LAW to consider amending Southold Town Code Chapter 17 (Community Preservation Fund) to (i') extend the effective date of the Community Preservation Fund Real Estate Transfer Tax, imposed pursuant to Article 31-D of the State Tax Law, until December 31, 2050, and (ii) authorize the use of a portion of the Community Preservation Fund,not to exceed 20%, for water quality improvement projects. BE IT ENACTED by the Town Board of the Town of Southold as follows: SECTION 1. Amendment. The Southold Town Code is hereby amended by adding the underlined words as follows: ARTICLE V Water Quality Improvement X17-41. Purpose. Generated Purpose. Generated August 10, 2016 Page 36 v Southold Town Board - Letter Board Meeting of August 9, 2016 A. The purpose of this Article shall be to implement the authority delegated by the State to the Town of Southold pursuant to Chapter 551 of the Laws of 2015. B. Specifically,this Article shall permit the Town to use up to 20% of the Community Preservation Fund's annual revenues to undertake water quality improvement projects, as defined herein, in order to preserve community character by improving water quality. The Town shall use the prior calendar's year revenue to determine the maximum amount available for water quality improvement project allocations pursuant to the state-mandated limit of up to 20%. C. Projects eligible for funding shall include: (1) wastewater treatment improvement projects, (2)non-point source abatement and control program projects developed pursuant to section 11-b of the Soil and Water-Conservation Districts Law. section 1455b of the Federal Coastal Zone Management Act or Article 42 of the Executive Law, (3) aquatic habitat restoration projects (4) pollution prevention projects, and (5)the operation of the Peconic Bay National Estuary Program, as designated by the United State Environmental Protection Agency. D. Eligible projects shall also include those undertaken by the Town through a watershed protection improvement district, created pursuant to Article 12 or 12-A of Town Law. E.No monies from the fund shall be expended for a water quality improvement project by the Town unless such project has first been certified by the Town Board pursuant to §17-45 herein. §17-42. Authority. Pursuant to Chapter 551 of the Laws of 2015, the Town Board is hereby authorized to utilize revenues from the Community Preservation Fund to implement water quality improvement projects in accordance with a plan to preserve community character, pursuant to Article III of this Chapter. A maximum of twenty (20) percent of the Fund's annual revenues may be utilized for the implementation of water quality improvement projects, provided that where such water quality improvement funds are utilized for the operation of the Peconic Bay National Estuary Program the use of such funds shall only be utilized to match federal, state, county, or other public or private funds on a dollar for dollar basis, not to exceed ten (10)percent of the annual amount appropriated for'water quality improvement projects. §17-43. Definitions. As used in this article the following words and terms shall have the following meanings: AQUATIC HABITAT RESTORATION PROJECT -planning design, construction, management maintenance monitoring reconstruction, revitalization, or rejuvenation activities intended to improve waters of the state of ecological significance or any part thereof, including, but not limited to ponds bogs wetlands bays sounds streams, rivers, or lakes and shorelines thereof, to support a spawning nursery, wintering, migratory, nesting, breeding, feeding, or Generated August 10, 2016 Page 37 'v Southold Town Board - Letter j Board Meeting of August 9, 2016 foraging environment for fish and wildlife and other biota. POLLUTION PREVENTION PROJECT -planning design construction, improvement, maintenance or acquisition of facilities production processes equipment or buildings owned or operated by municipalities for the reduction avoidance or elimination of the use of toxic or hazardous substances or the generation of such substances or pollutants so as to reduce risks to public health or the environment including;changes in production processes or raw materials. Such projects shall not include incineration transfer from one medium of release or discharge to another medium off-site or out-of-production recycling end-of-pipe treatment, or pollution control. REGIONAL WATER QUALITY IMPROVEMENT PLAN - a water quality improvement plan adopted pursuant to state or federal law, which has as its purpose the improvement of water .quality in all or part of the Peconic Bay region including but not limited to, (i)the comprehensive conservation and management plan(CCMP) for the Peconic Estuary Program pursuant to the National Estuary Program (P.L. 100-4)under the Clean Water Act (P.L. 92- 500), (ii)the Comprehensive Conservation and Management Plan (CCMP) for the Long Island Sound Estuary Program,pursuant to the National Estuary Program (P.L. 100-4)under the Clean Water Act (P.L. 92-500), (iii)the South Shore Estuary Reserve Comprehensive Management Plan, pursuant to 46 of the Executive Law, and (iv)the Long Island Nitrogen Management and Mitigation Plan pursuant to Chapter 53 of the Laws of 2015 including any amendments or updates to such plans. STORMWATER COLLECTING SYSTEM - systems of conduits and all other construction, devices and appliances appurtenant thereto designed and used to collect and carry stormwater and surface water, street wash and other wash and drainage waters to a point source for discharge. VESSEL PUMPOUT STATION -the planning design acquisition or construction activities in furtherance of a permanent or portable device capable of removing human sewage from a marine holdingtank. ank_ WATER QUALITY IMPROVEMENT PROJECT - (i) wastewater treatment improvement projects (ii) non-point source abatement and control program projects developed pursuant to section 11-b of the Soil and Water Conservation Districts Law, section 1455b of the Federal Coastal Zone Management Act or Article 42 of the Executive Law, (iii) aquatic habitat restoration projects (iv) pollution prevention projects and (v) the operation of the Peconic Bay National Estuary Program as designated by the United State Environmental Protection Agency. Such projects shall have as their purpose the improvement of existing water quality to meet existing specific water duality standards Projects which have as a primary purpose to permit or accommodate new growth shall not be included within this definition. WASTEWATER TREATMENT IMPROVEMENT PROJECT-the planning, design, construction acquisition enlargement extension or alteration of a wastewater treatment facility, including alternative systems to a sewage treatment plant or traditional septic system,to treat, Generated August 10, 2016 Page 38 v Southold Town Board - Letter Board Meeting of August 9, 2016 neutralize stabilize eliminate or partially eliminate sewage or reduce pollutants in treatment facility effluent including permanent or pilot demonstration wastewater treatment projects, or equipment or furnishings thereof. An incentive or rebate program established by the Town Board for the upgrade of existing septic systems or cesspools shall constitute an eligible project within the definition of a wastewater treatment improvement project. Stormwater collecting systems and vessel pumpout stations shall also be included within the definition of a wastewater improvement project. §17-44. Community Preservation Fund Project Plan. A. Preservation of community character shall include the protection and improvement of the quality of all water resources. B. Before any revenues from the Community Preservation Fund may be spent on water quality improvement projects as defined in this Article, all such projects shall first be approved by the Town Board as part of the Community Preservation Fund Project Plan, adopted pursuant to $64-e of Town Law and Article II of Chapter 17 herein. C. Said plan shall prioritize each project to be undertaken pursuant to this Article. In setting such priorities the Town Board shall consider the most prevalent pollutants affecting water quality in the Town and which projects will maximize the removal of such pollutants in the most cost effective manner. The plan shall provide a detailed written elaboration for the cost benefits in settingsuch uch priorities on a project by project basis. D. Said plan shall list every water quality improvement project which the Town plans to undertake pursuant to the Community Preservation Fund and shall state how such project will improve existingwater ater quality, and the estimated maximum cost of such project. E. The proposed water quality improvement project shall be for the planning, design, or implementation of a capital project with a probable useful life of at least five (5) years, pursuant to the state local finance law. F. The proposed water quality improvement project shall be consistent with one or more regional water quality improvement plans. G Such projects shall advance measurable water quality improvement for the Peconic Bay region. H. Such projects shall comply with specific existing or proposed state or regional water quality standards or targets. 1. In the case of aquatic habitat restoration projects the project shall promote aquatic habitat restoration. J In the case of pollution prevention projects the project shall reduce avoid and/or Generated August 10, 2016 Page 39 Southold Town Board - Letter Board Meeting of August 9, 2016 eliminate the use of toxic or hazardous substances, or the generation of such substances. K. Projects which have as their purpose and effect the accommodation of new growth, as opposed to the remediation of water quality, shall not qualify for funding under this Article. $17-45. Certification. A.No monies from the Community Preservation Fund shall be expended for a water quality improvement project by the Town unless such project has first been certified by the Town Board, by resolution, pursuant to this Article. B. In making such certification,the Town Board shall find as follows: 1. The proposed water quality improvement project is for the planning design, or implementation of a capital project with a probable useful life of at least five (5) years,pursuant to the state local finance law; 2. The proposed water quality improvement project is consistent with one or more regional water quality improvement plans; 3. Such project advances measurable water quality improvement for the Peconic Bay Region; 4. Such project complies with specific existing or proposed state or regional water qualily standards or targets; 5. In the case of aquatic habitat restoration projects, the project will promote aquatic habitat restoration; and 6. In the case of pollution prevention projects,the projects will reduce, avoid, and/or eliminate the use of toxic or hazardous substances, or the generation of such substances. C. The Town Board shall not certify projects which accommodate new or additionalrgrowth. §17-46. Water Quality Advisory Committee. A. A Water Quality Advisory Committee shall be established pursuant to Town Board resolution to review and make recommendations on proposed water quality improvement projects using monies from the Fund. B. Such Committee shall consist of(five or seven) members who shall be residents of the Town and who shall serve without compensation. No member of the Town Board shall serve on said Committee nor shall any member have a direct interest in any project for which fundingis s sought. C. The members shall include individuals with demonstrated expertise in water quality issues estuarine science civil engineering, shellfish restoration, or similar relevant credentials. Generated August 10, 2016 Page 40 Southold Town Board - Letter Board Meeting of August 9, 2016 D. The responsibilities of such Committee may include, but not be limited to, assistingin'n the development of the project plan, drafting requests for proposals to implement water quality improvement projects reviewing and prioritizing proposed projects, and offering such further advice and recommendations as the Town Board may specify and deem necessary. SECTION 2. Amendment. Town Code §17-40 is hereby amended by deleting the stricken words and adding the underlined words as follows: ARTICLE IV Two Percent Real Estate Transfer Tax §17-40. Effective Date, Referendum Requirement. This article is subject to a mandatory referendtun as set forth in § 1449-bb of Article 31-D of the Tax Law. This article shall take effect on March 1, 1999, after approval at the general election to be held on November 3, 1998, by the affirmative vote of a majority of the qualified electors of the Town of Southold and filing with the Secretary of State; and provided further that the real estate transfer tax imposed by this Local Laws No. 8-2002 of 2002 and No. 14-2006 of 2006 shall expire and be deemed repealed as to any conveyance taking place after December 31, 2030 2050. SECTION 3. Mandatory Referendum. This local law is subject to a mandatory referendum pursuant to §23(1) of Municipal Home Rule Law, as provided for by Chapter 551 of the Laws of 2015. SECTION 4. Ballot Proposition. Pursuant to Chapter 551 of the Laws of 2015, and §23(1) of Municipal Home Rule Law,the following proposition shall be placed before the electors of the Town of Southold at the general election to be held on Tuesday,November 8, 2016: "Shall a Local Law entitled, `A LOCAL LAW amending Southold Town Code Chapter 17 (Community Preservation Fund) to (i) extend the effective date of the Community Preservation Fund Real Estate Transfer Tax until December 31,2050, and (ii) authorize the use of a portion of the Community Preservation Fund, not to exceed 20%, for water quality improvement projects,' BE APPROVED?" SECTION 5. Authority. The proposed local law is enacted pursuant to Municipal Home Rule Law §§10(l)(ii)(a)(11) and (12), §10(1)(ii)(d)(3), and Chapter 551 of the Laws of 2015, amending Town Law §64- e. SECTION 6. Severability. If any section or subsection, paragraph, clause, phrase, or provision(s) of this law shall be judged Generated August 10, 2016 Page 41 Q • Southold Town Board - Letter Board Meeting of August 9, 2016 invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional. SECTION 7. Effective Date. This local law shall take effect upon filing with the Secretary of State and upon approval at the general election to be held on November 8, 2016, by the affirmative vote of the qualified electors of the Town of Southold upon the proposition set forth in Section 4 of this local law. Elizabeth A.Neville Southold Town Clerk RESULT: TABLED [UNANIMOUS] Next: 8/23/2016 7:30 PM MOVER: William P. Ruland, Councilman SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Generated August 10, 2016 Page 42 PROPOSITION NO. For Submission to the Electors of the Town of Southold At the next general election to be held on November 8, 2016 "$hall a Local Law entitled, 'A LOCAL LAW amending Southold, Town Code Chapter 17 Community Preservation Fund to (i) extend the effective date of the Community Preservation Fund Real Estate Transfer Tax until December 31, 2050, and (ii) authorize the use of a portion of the Community Preservation Fund, not to exceed 20%, for water quality improvement projects,' BE APPROVED?" ABSTRACT OF PROPOSITION The purpose of this local law is to implement the authority delegated by the State to the Town of Southold pursuant to Chapter 551 of the Laws of 2015. Specifically, this local law would permit the Town to use up to 20% of the Community Preservation Fund's annual revenues to undertake water quality improvement projects, as defined herein, in order to preserve community character by improving water quality. The Town would use the prior calendar year's revenue to determine the maximum amount available for water quality improvement project allocations pursuant to the state-mandated limit of up to 20%. Projects eligible for funding include: (1) wastewater treatment improvement projects, (2) non-point source abatement and control program projects developed pursuant to section 11-b of the Soil and Water Conservation Districts Law, section 1455b of the Federal Coastal Zone Management Act, or Article 42 of the Executive Law, (3) aquatic habitat restoration projects, (4) pollution prevention projects, and (5) the operation of the Peconic Bay National Estuary Program, as designated by the United State Environmental Protection Agency. Importantly, no monies from the fund may be expended for a water quality improvement project unless such project has first been certified by the Town Board via Town Board resolution, and in accordance with the Community Preservation Fund Project Plan, which addresses water quality improvement projects. A draft of this plan is available for public review and inspection in the Town Clerk's Office, or on the Town's website at: <http://www.southoldtownny.aov. In connection with these amendments, the Community Preservation Fund real estate transfer tax is proposed to be extended from December 31, 2030, to December 31, 2050. This local law is subject to a mandatory referendum pursuant to §23(1) of Municipal Home Rule Law, as provided for by Chapter 551 of the Laws of 2015. Financial Impact: None, see resolution text. ._a Neville, Elizabeth From: Multinational Translating Service <info@mtsinc.us> Sent: Monday,August 29, 2016 3:21 PM To: Neville, Elizabeth Cc: 'Karen Miller' Subject: RE: PROPOSITION NO Abstract for November Ballot Southold Importance: High Noted! Regards, Lisa MTS setting the standard for translation excellence since 1993 ATA Member No 224738 Lisa Alesci,Partner,lalesci(a)mtsinc us htto 1/www linkedin com/hn/lisaalescd Karen A Miller,Partner,kmiller(rDmtsinc us Multinational Translating Service P 0 Box 242 Islip Terrace,NY 11752 Toll-free (800)864-5069 Direct (631)581-8956 Fax:(631)224-9435 Web www mtsincus Central email info aa)mtsinc us Before you print,think GREEN' From: Neville, Elizabeth [mailto:E.Neville(5)town.southold.ny.us] Sent: Monday, August 29, 2016 2:10 PM To: 'Multinational Translating Service' Subject: RE: PROPOSITION NO Abstract for November Ballot Southold Lisa, I just found two (2) corrections I have to make in the abstract. Please don't begin,until I send you the purchase order. Thank you. Betty Neville Elizabeth A. Neville, MMC Southold Town Cleric&FOIL Officer PO Box 1179 Southold,NY 11971 Tel.631 765-1800, Ext 228 Fax 631 765-6145 Cell 631466-6064 From: Multinational Translating Service [mailto:info0bmtsinc.us] Sent: Monday, August 29, 2016 2:03 PM To: Neville, Elizabeth Cc: Duffy, Bill; Hagan, Damon; Silleck, Mary; Spiro, Melissa; 'Karen Miller' Subject: RE: PROPOSITION NO Abstract for November Ballot Southold Importance: High .�; Hi Elizabeth, We have reviewed your translation requirement. We can offer a discounted flat rate of$100.00. Delivery would be 1-2 business days. The resulting file would be emailed to you as an MSWord attachment. Please let us know if this is agreeable, and we will assign the job today. For your records,we moved from 928 Connetquot Avenue, Central Islip, NY 11722 in November of 2009. Our new address is 36 Carleton Avenue, Islip Terrace, NY 11752. All other contact information remains the same. Kindest regards, Lisa MTS setting the standard for translation excellence since 1993 ATA Member No 224738 Lisa Alesci,Partner,lalesci(d)mtsmc us.http//www linkedin com/m/lisaalesci/ Karen A Miller,Partner,kmiller(cDmtsinc us Multinational Translatmg Service P O Box 242 Islip Terrace,NY 11752 Toll-free (800)864-5069 Direct (631)581-8956 Fax,(631)224-9435 Web www mtsmc us Central email infoamtsinc us Before you print,think GREEN' From: Neville, Elizabeth [mailto:E.Neville(a)town.southold.ny.us] Sent: Monday, August 29, 2016 1:12 PM To: 'info@mtsinc.us' Cc: Duffy, Bill; Hagan, Damon; Silleck, Mary; Spiro, Melissa Subject: PROPOSITION NO Abstract for November Ballot Southold Good Afternoon Lisa, Here is the Abstract of Proposition for the CPF which must be translated into Spanish for the November Ballot. Please send me an estimate first,as I must prepare a Purchase Order and get it approved. Thank you. Betty Neville Elizabeth A.Neville, MMC Southold Town Clerk&FOIL Officer PO Box 1179 Southold,NY 11971 Tel.631765-1800,Ext.228 Fax 631765-6145 Cell 631466-6064 2 #12901 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 4th day of August, 2016. / C I--,' 1 rincipal Clerk Sworn to before me this IS7- dayof 2016. �7 LEGAL NOTICE f NOTICE OF-PUBLIC HEARING TAKE NOTICE, that the Town Board of the Town of Southold here- by directs that a public hearing shall I be held on August 9,2016, at 4:30, aTINAOLINSKI p.m., at Southold Town Hall, 53095 NOTARY PUBLIC-STATE OF NEW YORK I Main Rd.,,Southold, New York, to No. 01V06105050 hear any and all persons either fbr or' Qualified In Suffolk County against a proposed local law entitled, MY CARiMI01911 Wires Febluar7 28..2020 "A LOCAL LAW to consider amend- ing Southold Town Code Chapter 17 (Community Preservation-Fund)_to i (i) extend the effective date of the iCommunity Preservation Fund Real Estate Transfer Tax, imposed pursu- ant to Article 31-D of the`State Tax I Law, until December 31, 2050, and I (u) authorize the use of a portion-of the Community Preservation Fund, If not to exceed 20%,for water-quality improvement projects." , Summary of Proposed Law The purpose of this local law is to implement the authority delegated by the State to the Town of Southold pursuant to Chapter 551 of the Laws of 2015.Specifically,this local law al- 4 lows the Town to use up to 20%of the I Community Preservation Fund's annu- al revenues to undertake water quat- ity improvement projects, as defined herein,in order to preserve community character by improving water quality. I Projects eligible for funding include: i (i)wastewater treatment improvement projects, (u) non-point source abate- ment and control program projects developed pursuant to section 11-b of I the Soil and Water Conservation Dis- tricts Law, section 1455b of the Fed- eral Coastal Zone Management Act, or Article 42 of the Executive Law, I (iii) aquatic habitat restoration proj- i ects,(iv)pollution prevention projects, f and (v) the operation of the Peconic Bay National Estuary Program,'as' i designated by the United State Envi- ronmental Protection Agency. Impor- tantly,no monies from the fund may be expended for a water quality improve_ I went'project unless such project has ILII first been certified.by the Town Board pursuant,to the provisions of said law. ? Copies of the proposed law,sponsored by the full-Town Board,,are on file i I in the Town Clerk's Office, Monday through Friday,from 8:00 a.m.to 4:00 p.m. Dated: July 26,2016 ' BY ORDER OF THE I TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth A.Neville I Southold'Town Clerk L 12901-1T 8/4 LEGAL NOTICE NOTICE OF PUBLIC HEARING Notice of Public Hearing TAKE NOTICE, that the Town Board of the Town of Southold hereby directs that a public hearing shall be held on August 9, 2016, at 4:30 p.m., at Southold Town Hall, 53095 Main Rd., Southold,New York, to hear any and all persons either for or against a proposed local law entitled, "A LOCAL LAW to consider amending Southold Town Code Chapter 17 (Community Preservation Fund) to (i) extend the effective date of the Community Preservation Fund Real Estate Transfer Tax, imposed pursuant to Article 31-D of the State Tax Law, until December 31, 2050, and (ii) authorize the use of a portion of the Community Preservation Fund, not to exceed 20%, for water quality improvement projects." Summary of Proposed Law The purpose of this local law is to implement the authority delegated by the State to the Town of Southold pursuant to Chapter 551 of the Laws of 2015. Specifically, this local law allows the Town to use up to 20% of the Community Preservation Fund's annual revenues to undertake water quality improvement projects, as defined herein, in order to preserve community character by improving water quality. Projects eligible for funding include: (i) wastewater treatment improvement projects, (ii) non-point source abatement and control program projects developed pursuant to section 11-b of the Soil and Water Conservation Districts Law, section 1455b of the Federal Coastal Zone Management Act, or Article 42 of the Executive Law, (iii) aquatic habitat restoration projects, (iv) pollution prevention projects, and (v) the operation of the Peconic Bay National Estuary Program, as designated by the United State Environmental Protection Agency. Importantly, no monies from the fund may be expended for a water quality improvement project unless such project has first been certified by the Town Board pursuant to the provisions of said law. Copies of the proposed law, sponsored by the full Town Board, are on file in the Town Clerk's Office, Monday through Friday, from 8:00 a.m. to 4:00 p.m. Dated: July 26, 2016 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth A. Neville Southold Town Clerk Please publish on August 4,2016 and forward one affidavit of publication to Elizabeth A. Neville, Town Clerk, Town Hall, P O Box 1179, Southold,NY 11971. Copies to: The Suffolk Times Town Board Town Attorney TC Bulletin Bd Website 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 1" day of August , 2016, a notice of which the annexed printed notice is a true copy was affixed, 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. PH 8/9 4:30 pm Local Law amending Chapter 17 (Illizabeth A. Neville Southold Town Clerk Sworn before me this 1St day of AuLyust , 2016. 41 Notary Public LYNDA M. RUDDER Notary Public,State of New York No.01 R U 6020932 Cualified in Suffolk County Commission Expires March 8,204 Rudder, Lynda From: legals <legals@timesreview.com> Sent: Friday,July 29, 2016 3:42 PM To: Rudder, Lynda Subject: Re: CPF and CPF water for publication Importance: High Good afternoon, The two legal notices have been scheduled to be published in the 8/4 edition of the Suffolk Times. Thank you and have a great day! Best regards, Lindsay Riemer Assistant Sales Coordinator 631.298.3200 ext. 235 631.354.8032 (direct) 631.298.0410 (fax) Iriemer@timesreview.com www.timesreview.com On 7/29/16 3:42 PM, "Rudder, Lynda" <Ivnda.rudder@town.southold.nv.us> wrote: >Please publish the two (2) attached Legal notices in the 8/4 edition of Xhe Suffolk Times and the Town website, thank you. 1 Rudder, Lynda From: Reisenberg, Lloyd Sent: Monday, August 01, 2016 9:33 AM To: Rudder, Lynda Cc: Spiro, Melissa; Doroski, Melanie Subject: RE: CPF and CPF water for publication Posted Lloyd H. Reisenberg Network and Systems Administrator Town of Southold, New York www.southoldtownny.gov Iloydr@southoldtownny.gov 0: 631-765-18911 M:631-879-1554 F: 631-765-5178 CONFIDENTIALITY NOTICE:This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication. -----Original Message----- From: Rudder, Lynda Sent: Friday,July 29, 2016 3:42 PM To: Doroski, Melanie<Melanie.Doroski@town.southold.nv.us>; Spiro, Melissa <Melissa.Spiro town.southold.ny.us>; Cushman,John <John.Cushman town.southold.nv.us>; legals@timesreview.com; Lisa Finn <lisaahfinn@gmail.com>; Michaelis,Jessica <iessicam@southoldtownnv.gov>; Reisenberg, Lloyd <Lloyd.Reisenberg town.southold.ny.us>; Southold Local (denise(Tsoutholdlocal.com) <denise@southoldlocal.com>; Dinizio,James <iames.dinizio@town.southold.nv.us>; Doherty,Jill <fill.doherty@town.southold.nv.us>; Doroski, Bonnie <Bonnie.Doroski town.southold.nv.us>; Ghosio, Bob<bob.ghosio@town.southold.nv.us>; Louisa Evans <Ipevans06390@gmail.com>; Neville, Elizabeth <E.Neville@town.southold.nv.us>; Noncarrow, Denis <denisn@southoldtownnv.gov>; Rudder, Lynda <Iynda.rudder@town.southold.nv.us>; Russell, Scott <scottr@southoldtownny.gov>; Standish, Lauren <Lauren.Standish@town.southold.nv.us>;Tomaszewski, Michelle <michellet@town.southold.nv.us>;William Ruland <rulandfarm@vahoo.com>; Duffy, Bill<billd@southoldtownnv.gov_>; Hagan, Damon <damonh@southoldtownnv.gov>; Silleck, Mary<marvs southoldtownnv.gov> Subject: CPF and CPF water for publication Importance: High Please publish the two (2) attached Legal notices in the 8/4 edition of the Suffolk Times and the Town website,thank you. 1 R Southold Town Board - Letter Board Meeting of July 26, 2016 RESOLUTION 2016-723 Item# 5.38 o : ADOPTED, DOC ID: 12153 A THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2016-723 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 26,2016: RESOLVED,that the Town Board of the Town of Southold hereby directs that a public hearing shall be held on August 9,2016, at 4:30 p.m., at Southold Town Hall, 53095 Main Rd., Southold,New York, to hear any and all persons either for or against a proposed local law entitled, "A LOCAL LAW to consider amending Southold Town Code Chapter 17 (Community Preservation Fund)to (i) extend the effective date of the Community Preservation Fund Real Estate Transfer Tax, imposed pursuant to Article 31-D of the State Tax Law, until December 31, 2050, and (ii) authorize the use of a portion of the Community Preservation Fund,not to exceed 20%, for water quality improvement projects,"which provides as follows: LOCAL LAW NO. OF 2016 A LOCAL LAW to consider amending Southold Town Code Chapter 17 (Community Preservation Fund)to (i) extend the effective date of the Community Preservation Fund Real Estate Transfer Tax, imposed pursuant to Article 31-D of the State Tax Law, until December 31, 2050, and(ii) authorize the use of a portion of the Community Preservation Fund, not to exceed 20%, for water quality improvement projects. BE IT ENACTED by the Town Board of the Town of Southold as follows: SECTION 1. Amendment. The Southold Town Code is hereby amended by adding the underlined words as follows: ARTICLE V Water Quality Improvement §17-41. Purpose. A. The purpose of this Article shall be to implement the authoritdelegated by the State to the Town of Southold pursuant to Chapter 551 of the Laws of 2015. B. Specifically, this Article shall permit the Town to use up to 20% of the Community Preservation Fund's annual revenues to undertake water quality improvement projects, as defined herein in order to preserve community character by improving water quality. The Town shall use the prior calendar's year revenue to determine the maximum amount available for water quality improvement project allocations pursuant to the state-mandated limit of up to 20%. C. Projects eligible for funding shall include: (1) wastewater treatment improvement projects, Generated July 27, 2016 Page 50 h Southold Town Board - Letter' Board Meeting of July 26, 2016 (2) non-Point source abatement and contro_program projects developed pursuant to section 11-b of the Soil and Water Conservation Districts Law, section 1455b of the Federal Coastal Zone Management Act or Article 42 of the Executive Law, (3) aquatic habitat restoration projects 4 pollution prevention projects and (5) the operation of the Peconic Bay National Estuary Program as designated by the United State Environmental Protection Agency. D Eligible projects shall also include those undertaken by the Town through a watershed protection improvement district created pursuant to Article 12 or 12-A of Town.Law. E No monies from the fund shall be expended for a water quality improvement project by the Town unless such project has first been certified by the Town Board pursuant to §17-45 -herein. 17-42. Authority. Pursuant to Chapter 551 of the Laws of 2015 the Town Board is hereby authorized to utilize revenues from the Community Preservation Fund to implement water quality improvement projects in accordance with a Plan to preserve community character, pursuant to Article III of this Chapter. A maximum of twenty (20)percent of the Fund's annual revenues may be utilized for the implementation of waterquality improvement projects,provided that where such water quality improvement funds are utilized for the operation of the Peconic Bay National Estuary Program the use of such funds shall only be utilized to match federal, state, county, or other public or private funds on a dollar for dollar basis not to exceed ten(10) percent of the annual amount appropriated for water quality improvement projects. §17-43. Definitions. As used in this article the following words and terms shall have the following meanings: AQUATIC HABITAT RESTORATION PROJECT -planning, design, construction, management maintenance monitoring reconstruction revitalization or rejuvenation activities intended to improve waters of the state of ecological significance or any part thereof, including, but not limited to ponds bogs wetlands bays sounds streams rivers or lakes and shorelines thereof, to support a spawning nursery, wintering migratory, nesting breeding, feeding, or foraging environment for fish and wildlife and other biota. POLLUTION PREVENTION PROJECT -planning design construction improvement, maintenance or acquisition of facilities,production processes equipment or buildings owned or operated by municipalities for the reduction avoidance or elimination of the use of toxic or hazardous-substances°or the generation of such substances or pollutants so as to reduce risks to public health or the environment including changes in production processes or raw materials. Such projects shall not include incineration transfer from one medium of release or discharge to another medium, off-site or out-of-production recycling end-of-pipe treatment, or pollution control. Generated July 27, 2016 Page 51 Southold Town Board - Letter Board Meeting of July 26, 2016 f REGIONAL WATER QUALITY IMPROVEMENT PLAN - a water quality improvement plan adopted pursuant to state or federal law, which has as its purpose the improvement of water quality in all or part of the Peconic Bay region, including, but not limited to, (i) the comprehensive conservation and management plan(CCMP) for the Peconic Estuary Program pursuant to the National EstuarProgram (P.L. 100-4) under the Clean Water Act (P.L. 92- 500), (ii) the Comprehensive Conservation and Management Plan (CCMP) for the Long Island Sound Estuary Program, pursuant to the National Estuary ram P.L. 100-4)under the Clean Water Act (P.L. 92-500) (iii)the South Shore Estuary Reserve Comprehensive Management Plan, pursuant to 46 of the Executive Law, and (iv) the Long Island Nitrogen Management and Mitigation Planpursuant to Chester 53 of the Laws of 2015, including any amendments or updates to such plans. STORMWATER COLLECTING SYSTEM - systems of conduits and all other construction, devices and appliances appurtenant thereto, designed and used to collect and carry stormwater and surface water, street wash and other wash and drainage waters to a point source for discharge. VESSEL PUMPOUT STATION-the planning design, acquisition, or construction activities in furtherance of a permanent or portable device capable of removing human sewage from a marine holdingtank. ank. WATER QUALITY IMPROVEMENT PROJECT- (i) wastewater treatment improvement projects (ii)non-point source abatement and control program projects developed pursuant to section 11-b of the Soil and Water Conservation Districts Law, section 1455b of the Federal Coastal Zone Management Act or Article 42 of the Executive Law, (iii) aquatic habitat restoration projects (iv) pollution prevention projects, and (v)the operation of the Peconic Bay National Estuary Program as designatedy the United State Environmental Protection A eg ncy. Such projects shall have as their purpose the improvement of existing water quality to meet existing specific water quality standards. Projects which have as a primary purpose to permit or accommodate new growth shall not be included within this definition. WASTEWATER TREATMENT IMPROVEMENT PROJECT-the planning design, construction acquisition enlargement extension, or alteration of a wastewater treatment facility, including alternative systems to a sewage treatment plant or traditional septic system, to treat, neutralize stabilize eliminate or partially eliminate sewage or reduce pollutants in treatment facility effluent including permanent or pilot demonstration wastewater treatment projects, or equipment or furnishings thereof. An incentive or rebate program established by the Town Board for the upgrade of existing septic systems or cesspools shall constitute an eligible project within the definition of a wastewater treatment improvement project. Stormwater collecting systems and vessel pumpout stations shall also be included within the definition of a wastewater improvement project. 17-44. Community Preservation Fund Project Plan. A. Preservation of community character shall include the protection and improvement of the Generated July 27, 2016 Page 52 P Southold Town Board - Letter Board Meeting of July 26, 2016 quality of all water resources. B Before any revenues from the Community Preservation Fund may be spent on water quality improvement projects as defined in this Article all such projects shall first be approved by the Town Board as part of the Community Preservation Fund Project Plan, adopted pursuant to §64-e of Town Law and Article II of Chapter 17 herein. C Said plan shall prioritize each project to be undertaken pursuant to this Article. In setting such priorities the Town Board shall consider the most prevalent pollutants affecting water quality in the Town and which projects will maximize the removal of such pollutants in the most cost effective manner. The plan shall provide a detailed written elaboration for the cost benefits in setting such priorities on a project by project basis. D Said plan shall list every water quality improvement project which the Town plans to undertake pursuant to the Community Preservation Fund and shall state how such project will improve existing water quality, and the estimated maximum cost of such project. E The proposed water quality improvement project shall be for the planning design or implementation of a capital project with a probable useful life of at least five (5) years pursuant to the state local finance law. F The proposed water quality improvement project shall be consistent with one or more regional water quality improvement plans. G Such projects shall advance measurable water quality improvement for the Peconic Bay region. H Such projects shall comply with specific existing or proposed state or regional water quality standards or targets. 1. In the case of aquatic habitat restoration projects the project shall promote aquatic habitat restoration. J. In the case of pollution prevention projects, the project shall reduce, avoid, and/or eliminate the use of toxic or hazardous substances, or the generation of such substances. K. Projects which have as their purpose and effect the accommodation of new growth, as opposed to the remediation of water quality, shall not qualify for funding under this Article. §17-45. Certification. A. No monies from the Community Preservation Fund shall be expended for a water quality improvement project by the Town unless such project has first been certified by the Town Board by resolution, pursuant to this Article. Generated July 27, 2016 Page 53 Southold Town Board - Letter Board Meeting of July 26, 2016 B. In making such certification the Town Board shall find as follows: 1 The proposed water quality improvement project is for the planning design or implementation of a capital project with a probable useful life of at least five (5) years, to the state local finance law; 2 The proposed water quality improvement project is consistent with one or more regional water quality i�nprovement plans; 3 Such project advances measurable water quality improvement for the Peconic Bay Region, 4 Such project complies with specific existing or proposed state or regional water quality standards or targets; 5 In the case of aquatic habitat restoration projects the project will promote aquatic habitat restoration; and 6 In the case of pollution prevention projects the projects will reduce avoid and/or eliminate the use of toxic or hazardous substances, or the generation of such substances. C The Town Board shall not certify_projects which accommodate new or additionalrg owth. W-46. Water Quality Advisory Committee. A A Water Quality Advisory Committee shall be established pursuant to Town Board resolution to review and make recommendations on proposed water quality improvement projects using monies from the Fund. B Such Committee shall consist of(five or seven) members who shall be residents of the Town and who shall serve without compensation No member of the Town Board shall serve on said Committee nor shall any member have a direct interest in any project for which fundingis's sought. C The members shall include individuals with demonstrated expertise in water quality issues estuarine science, civil engineering shellfish restoration, or similar relevant credentials. D The responsibilities of such Committee may include but not be limited to, assisting in the development of the project plandrafting requests for proposals to implement water quality improvement projects reviewing and prioritizing proposed projects and offering such further advice and recommendations as the Town Board may specify and deem necessary. SECTION 2. Amendment. Town Code §17-40 is hereby amended by deleting the stricken words and adding the underlined words as follows: ARTICLE IV Two Percent Real Estate Transfer Tax Generated July 27, 2016 Page 54 Southold Town Board - Letter Board Meeting of July 26, 2016 §17-40.Effective Date, Referendum Requirement. This article is subject to a mandatory referendum as set forth in § 1449-bb of Article 31-D of the Tax Law. This article shall take effect on March 1, 1999, after approval at the general election to be held on November 3, 1998,by the affirmative vote of a majority of the qualified electors of the Town of Southold and filing with the Secretary of State, and provided further that the real estate transfer tax imposed by this aftiele Local Laws No. 8-2002 of 2002 and No. 14-2006 of 2006 shall expire and be deemed repealed as to any conveyance taking place after December 31, 2-0-30 2050. SECTION 3. Mandatory Referendum. This local law is subject to a mandatory referendum pursuant to §23(1) of Municipal Home Rule Law, as provided for by Chapter 551 of the Laws of 2015. SECTION 4. Ballot Proposition. Pursuant to Chapter 551 of the Laws of 2015, and §23(1) of Municipal Home Rule Law,the following proposition shall be placed before the electors of the Town of Southold at the general election to be held on Tuesday,November 8, 2016: "Shall a Local Law entitled, `A LOCAL LAW amending Southold Town Code Chapter 17 (Community Preservation Fund) to (i) extend the effective date of the Community Preservation Fund Real Estate Transfer Tax until December 31,2050, and (ii) authorize the use of a portion of the Community Preservation Fund, not to exceed 20%, for water quality improvement projects,' BE APPROVED?" SECTION 5. Authority. The proposed local law is enacted pursuant to Municipal Home Rule Law §§10(1)(ii)(a)(11) and (12), §10(1)(ii)(d)(3), and Chapter 551 of the Laws of 2015, amending Town Law §64- e. SECTION 6. Severability. If any section or subsection,paragraph, clause, phrase, or provision(s) of this law shall be judged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional. SECTION 7. Effective Date. This local law shall take effect upon filing with the Secretary of State and upon approval at the general election to be held on November 8, 2016, by the affirmative vote of the qualified electors of the Town of Southold upon the proposition set forth in Section 4 of this local law. AND BE IT FURTHER RESOLVED, that the Town Clerk is hereby directed to publish the Generated July 27, 2016 Page 55 Southold Town Board - Letter Board Meeting of July 26, 2016 following Notice of Public Hearing: Notice of Public Hearing TAKE NOTICE, that the Town Board of the Town of Southold hereby directs that a public hearing shall be held on August 9,2016, at 4:30 p.m., at Southold Town Hall, 53095 Main Rd., Southold,New York,to hear any and all persons either for or against a proposed local law entitled, "A LOCAL LAW to consider amending Southold Town Code Chapter 17 (Community Preservation Fund)to (i) extend the effective date of the Community Preservation Fund Real Estate Transfer Tax, imposed pursuant to Article 31-D of the State Tax Law, until December 31, 2050, and (ii) authorize the use of a portion of the Community Preservation Fund,not to exceed 20%, for water quality improvement projects." Summary of Proposed Law The purpose of this local law is to implement the authority delegated by the State to the Town of Southold pursuant to Chapter 551 of the Laws of 2015. Specifically,this local law allows the Town to use up to 20% of the Community Preservation Fund's annual revenues to undertake water quality improvement projects, as defined herein, in order to preserve community character by improving water quality. Projects eligible for funding include: (i) wastewater treatment improvement projects, (ii) non-point source abatement and control program projects developed pursuant to section 11-b of the Soil and Water Conservation Districts Law, section 1455b of the Federal Coastal Zone Management Act, or Article 42 of the Executive Law, (iii) aquatic habitat restoration projects, (iv)pollution prevention projects, and (v)the operation of the Peconic Bay National Estuary Program, as designated by the United State Environmental Protection Agency. Importantly,no monies from the fund may be expended for a water quality improvement project unless such project has first been certified by the Town Board pursuant to the provisions of said law. Copies of the proposed law, sponsored by the full Town Board, are on file in the Town Clerk's Office, Monday through Friday, from 8:00 a.m. to 4:00 p.m. BY ORDER OF THE TOWN BOARD TOWN OF SOUTHOLD,NEW YORK ELIZABETH A.NEVILLE, TOWN CLERK Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Robert Ghosio, Councilman SECONDER:Louisa P. Evans, Justice AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Generated July 27, 2016 Page 56 Rudder, Lynda From: ersupp <ersupp@generalcode.com> Sent: Wednesday, August 24, 2016 11:35 AM To: Rudder, Lynda Subject: RE: Local Laws 7-9 Thank you for your e-mail. If you are sending legislation for your Code project or your next Code supplement, it will be processed in the usual manner. (Please note that legislation that is posted under"New Laws" in eCode3608 will appear exactly as submitted to General Code.) All other messages will be forwarded to the appropriate person, who will respond to your inquiry as soon as possible. If you have any questions, please do not hesitate to call or e-mail Customer Service. General Code 1-800-836-8834 ersupp(cDgeneralcode.com i PUBLIC HEARING#1 SUMMARY OF LL/AMENDMENT TO CHAPTER 17 "Community Preservation Fund" Allow for up to 20% of annual revenue to be used for water quality improvement projects and extend fund to 2050. THE PROPOSED LOCAL LAW THAT IS THE SUBJECT OF THE PUBLIC HEARING THIS AFTERNOON PROPOSES TO AMEND CHAPTER 17 OF THE SOUTHOLD TOWN CODE ENTITLED "COMMUNITY PRESERVATION FUND." THE PURPOSE OF THIS LOCAL LAW IS TO IMPLEMENT THE AUTHORITY DELEGATED BY THE STATE TO THE TOWN OF SOUTHOLD PURSUANT TO CHAPTER 551 OF THE LAWS OF 2015. SPECIFICALLY, THIS LOCAL LAW ALLOWS THE TOWN TO USE UP TO 20% OF THE COMMUNITY PRESERVATION FUND'S ANNUAL REVENUES TO UNDERTAKE WATER QUALITY IMPROVEMENT PROJECTS. PROJECTS ELIGIBLE FOR FUNDING INCLUDE: (I) WASTEWATER TREATMENT IMPROVEMENT PROJECTS, (II)NON- POINT SOURCE ABATEMENT AND CONTROL PROGRAM PROJECTS, (III) AQUATIC HABITAT RESTORATION PROJECTS, (IV) POLLUTION PREVENTION PROJECTS, AND (V) THE OPERATION OF THE PECONIC BAY NATIONAL ESTUARY PROGRAM. NO MONIES FROM THE FUND SHALL BE EXPENDED FOR A WATER QUALITY IMPROVEMENT PROJECT BY THE TOWN UNLESS SUCH PROJECT HAS FIRST BEEN THE SUBJECT OF A PUBLIC HEARING AND CERTIFIED BY THE TOWN BOARD. THE PROPOSED LOCAL LAW ALSO EXTENDS THE 2% COMMUNITY PRESERVATION FUND TRANSFER TAX FROM DECEMBER 31, 2030 TO DECEMBER 31, 2050. IF THE LOCAL LAW IS ADOPTED BY THE TOWN BOARD IT SHALL BE SUBJECT TO A MANDATORY REFERENDUM AT THE GENERAL ELECTION TO BE HELD ON TUESDAY,NOVEMBER 8, 2016. THE FULL TEXT OF THE PROPOSED LOCAL LAW IS AVAILABLE FOR REVIEW IN THE TOWN CLERK'S OFFICE AND ON THE TOWN'S WEBSITE Multinational Translating Svc. Please note our new address. 36 Carleton Avenue 'Islip Terrace, NY 11752 Tel: (631) 581-8956 Fax: (631) 224-9435 m www.mtsinc.us Invoice#: S0001/0216 INVOICE Date: September 7, 2016 Customer ID: S0001 Bill To: Ship To: Town of Southold SAME Southold Town Clerk&FOIL Officer PO Box 1179 .�x�c� Southold, NY 11971 Contact#: , (631)765-1800 Ext.228 . Ms. Elizabeth A. Neville, MMC Your PO# Our# Translator ID# SHIP VIA Due Date Tax ID 29738 S0001/0216 1088/1300 E-mail t-30 EIN#11-3393217 Volume/Units Description Rate/Unit Total Flat Rate Abstract of Town of Southold Proposition EN>ES Flat Rate $100.00 Order confirmed Friday,September 2,2016 c Delivery Tuesday,September 6,2016 as MS Word attachment Certified notarized hard copy—delivery by �✓ ��� �® USPS 1st Class mail Thank you for your,order. We look forward to being of service to you again soon. TOTAL $100.00 DUE NOW $100.00 TRANSLATION FROM ENGLISH TO SPANISH PROPUESTA NO. Para presentar a los electores de la ciudad de Southold En la proxima eleccion general que se celebraran el 8 de noviembre de 2016 LDebera APROBARSE una ley local intitulada «UNA LEY LOCAL que enmienda el Codigo Municipal de Southold Capitulo 17 Fondo de Conservacion de la Comunidad para (i) prorrogar la fecha efectiva de la Transferencia del Impuesto Inmobiliario del Fondo de Conservacion de la Comunidad al 31 de setiembre de 2050, y autorizar el use de una parte del Fondo de Conservacion de la Co unidad que no exceda del 20%, para proyectos de mejora de la calidad del agua? t yy nr RESUMEN DE LA PROPUESTA EI proposito de esta ley local es poner en marcha la autorizacion delegada por el Estado a la Ciudad de Southold de conformidad con el Capitulo 551 de las leyes de 2015. Especificamente, esta ley local permitiria al pueblo usar hasta el 20% de los ingresos anuales del Fondo de Conservacion de la Comunidad para emprender proyectos de mejoramiento de la calidad del agua, como se define aqui, para conservar el caracter de la comunidad mejorando la calidad del agua. La Ciudad usaria el ingreso del ano calendario previo para determinar la cantidad maxima disponible para asignaciones al proyecto de mejoramiento de la calidad del agua, de conformidad con el limite del 20% exigido por el estado. Los proyectos elegibles para ser financiados incluyen: (1) proyectos de mejoramiento tratamiento de aguas residuales, (2) proyectos del programa de reduccion y control de la contaminacion proveniente de fuentes no puntuales desarrollados de conformidad con la seccion 11-b de la Ley de Distritos de Conservacion de Suelo y Agua, seccion 1455b de la Ley Federal de Administracion de Zonas Costeras, o el'Articulo 42 de la Ley Ejecutiva, (3) proyectos de restauracion del habitat acuatico, (4) proyectos de prevencion de la contaminacion, y (5) la gestion del Programa Nacional de Estuarios de la Bahia de Peconic, segun to designado por la Agencia de Proteccion Ambiental de los Estados Unidos. Es importante destacar, que ningun dinero del fondo puede gastarse para un proyecto de mejoramiento de la calidad del agua a menos que Bicho proyecto haya sido primero certificado por la Junta Municipal mediante una resolucion de Junta Municipal, y conforme con el Plan del Proyecto del Fondo de Conservacion de la Comunidad, que considera proyectos de mejoramiento de la calidad del agua. Una version preliminar de este plan esta disponible para su inspeccion y revision publica en la Oficina del Secretario Municipal, o en sitio web municipal en: <http://www.southoldtownny.ciov. Con relacion a estas enmiendas, se propone prorrogar la Transferencia del Impuesto Inmobiliario del Fondo de Conservacion de la Comunidad de diciembre 31 de 2030, a diciembre 31 de 2050. Esta ley local esta sujeta a un referendum obligatorio de conformidad con al §23(1) de la Ley de Gobierno Autonomo, como to dispone el Capitulo 551 de las leyes de 2015. Impacto financiero: Ninguno,vea el texto de la resolucion. Prepared by Multinational Translating Service,NY-www mtsmc us Translated from the source document on September 6,2016 By Ms Rosario Pcrez,Translator ID#1088 Certification and copy of source document attached All 3 pages in this notarized,certified package bear MTS embossed seals Multinational Translating Service P.O. Box 242 Islip Terrace, NY 11752-0037 TRANSLATIONS CERTIFICATION This is to certify that the information in the attached translated document entitled, "Proposition No.", prepared on behalf of Town of Southold, is true and correct. The document was translated from English to Spanish on September 6, 2016 by Ms. Rosario Perez, Translator ID# 1088. Ms. Perez is certified to translate English to Spanish, and is a registered translator with Multinational Translating Service. Note: This translation is not valid without an MTS embossed seal on all 3 pages. Signed: Karen A. Miller, Partner Multinational Translating Service, NY ATA Corporate Member No. 224738 County of Suffolk ) SS: State of New York) Sworn to before me this 6th day of September, 2016 Notary Public: KEITH F MILLER . ,,NbWT PUBLIC STATE OF PHEW YORK - 'SIIFFOLKCOUP:Y U6.r01 M4624D3&) COMIIr.'.EXP. q�l"�JS'•Za/�' Phone: 631-581-8956 -Toll-free: 800-864-5069 - Fax: 631-224-9435 E-mail: info@mtsinc.us- URL: www.mtsinc.us a Neville, Elizabeth From: Spiro, Melissa Sent: Tuesday, September 06, 2016 12:59 PM To: Neville, Elizabeth Subject: FW: CPF extension timetable Hi Betty-this is the email I had in regard to the dates.... it says Board of Elections 30 days BUT MHRL requires 60 days, which according to Southampton is what we are bound by, see yellow part: Hi Melissa! I'm sorry I didn't get back to you sooner, I was out yesterday. Municipal Home Rule Law§23(1) requires that the local law be adopted at least 60 days before the election, or ballot vote. Because the election is November 8, 2016,that pushes us into the following timeframe (at least for Southampton): Notice of Public Hearing: July 12,2016 Public Hearings: August 9 and August 23,2016 Resolution of Adoption: August 23, 2016—or at a special meeting later if necessary, but not beyond September 7, 2016. The.1808rd,of Elections requires.that the'law;:be adopted,only 30 days prior, bat we are first_-boi_andvbvihe 60:day requirement of.MHRL. 'Vhope'th s':helps, please_let me know if you want to.talk:more! Kathleen. From: Kathleen Murray [mailto:KMurray@southamptontownny.gov] Sent:Wednesday,June 15, 2016 10:33 AM To: Mary Wilson<MWilson@southamptontownnV.gov>;Spiro, Melissa<Melissa.Spiro@town.southold.nv.us> Subject: RE: CPF extension timetable Hi Melissa! I'm sorry I didn't get back to you sooner, I was out yesterday. Municipal Home Rule Law§23(1) requires that the local law be adopted at least 60 days before the election, or ballot vote. Because the election is November 8,2016,that pushes us into the following timeframe (at least for Southampton): Notice of Public Hearing: July 12, 2016 Public Hearings: August 9 and August 23,2016 Resolution of Adoption: August 23, 2016—or at a special meeting later if necessary, but not beyond September 7,2016. 1 The Board of Elections requires that the law be adopted only 30 days prior, but we are first bound by the 60 day requirement of MHRL. I hope this helps, please let me know if you want to talk more! Kathleen. X1939 Xaffi&n.lbtcvvca* Deputy Town Attorney Town of Southampton 116 Hampton Road Southampton, N.Y. 11968 (631)287-3065 From: Mary Wilson Sent: Tuesday,June 14, 2016 8:56 AM To: 'Spiro, Melissa' Cc: Kathleen Murray Subject: RE: CPF extension timetable Hi Melissa: I believe you need a public hearing no later than early August to make the November ballot. But I am cc-ing Deputy Town Attorney Kathleen Murray on this e-mail as Kathleen is handling the matter for Southampton. Kathleen can answer any questions you may have. Mary From: Spiro, Melissa [ma ilto:Melissa.Spiro@town.southold.ny.us] Sent: Monday, June 13, 2016 11:28 AM To: Mary Wilson Subject: CPF extension timetable Hi, Hope all good. Do you by any chance know the dates/timeframe for when the TB needs to have local law done, etc. for the CPF extension to get on the ballot? Thanks, Melissa This email, any links contained therein, and any files transmitted therewith are intended solely for the use of the individual or entity to which they are originally addressed. If you have received this email in error please notify the Southampton Town Department of Information Technology at 631-702-1980. Please note that any views or opinions presented in this email are solely those of the author and do not necessarily represent those of the Town of Southampton. Any recipient should check this email, any links contained therein and any files transmitted herewith for the presence of viruses, malware or any other code that may compromise your computer system integrity. The Town of Southampton, its 2 Suffolk County Government>Departments>Board of Elections Page 1 of 3 a I F+ Cum I »' i ! Select Language ♦j Text Only Version Departments> Board of Elections Board of Elections Election Results Campaign Finance Disclosure Contact Us Anita S. Katz Commissioner Nick LaLota Commissioner Address: Yaphank Ave PO Box 700 Yaphank NY 11980-0700 Phone: (631) 852-4500 Fax: (631) 852-4590 TTY: (631) 852-4540 Board of Elections The Suffolk County Board of Elections was established in 1935 as a bipartisan agency responsible for all aspects of the electoral process,from voter registration to election results. 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Bok 37 History Islip Terrace, NY 11752 Toll-free: 800-864-5069 (Domestic/Canada) MTS Team Phone: 631-581-8956 Fax: 631-224-9435 News Please use the form below to contact us Opportunities Subject 166er u Languages Your Name: JElizabeth A Neville Address1 ISouthold Town Clerk Pay m Address2 Itown Hall, PO Box 1179 a'+ :t< :srtca City Southold L1_0 RESS t �.7 State: NY * t?15C�UER'� „pA Zip. 11971 Email e.neville@town.southold.ny.us Phone#. 1631 765-1800 Fax#: 1631 765-6145 Questions or Comments I need a quote for the translation of a Proposition Document to be on the Ballot of the =� Suffolk County General Election from- English to Spanish. �v (**Freelance translator application: Please include language pairing and credentials at beginning of message) *Mandatory fields Submit Business Government Medical Arts &Entertainment Immigration Corporate Member of the American Translators Association I Long Island Association I World Trade Council East Islip/Dowling School Business Partnership I Hauppauge Industrial Association SCWBEC-Suffolk County Women's Business Enterprise Coalition I Local Chambers of Commerce http://www.mtsinc.us/html/contact—us.html 8/26/2016 Suffolk County Government>Departments> Board of Elections Page 3 of 3 H. 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