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Home My WebLink AboutAG-08/27/2019 ELIZABETH A. NEVILLE Town Hall, 53095 Main Road TOWN CLERK PO Box 1179 Southold, NY 11971 REGISTRAR OF VITAL STATISTICS Fax (631) 765-6145 MARRIAGE OFFICER Telephone: (631) 765 - 1800 RECORDS MANAGEMENT OFFICER www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER AGENDA SOUTHOLD TOWN BOARD August 27, 2019 7:00 PM POLICY: At the beginning of scheduled Town Board meetings, the attending public is encouraged to briefly address the Town Board relating to agenda resolutions prior to their enactment; the public will also be given time at the conclusion of the regularly scheduled business agenda to address the Board on any given topic. ONLINE ACCESS: The Tentative Agenda is generally available the Friday before the meeting. The video of the meeting is usually available to watch live during the meeting. Minutes with adopted resolutions are available 1-2 days after the meeting. A full copy of the minutes, agenda and meeting video can be viewed by going to the official Town of Southold website: www.southoldtownny.gov and following either of the following: (1) Move pointer over “Government” on the Town website home page. You will find the title “Town Supervisor/Town Board”. Under this title you will see “Southold Town Board Meetings and Agendas”. or (2) Go to “How Do I”, in the right upper corner of the Town website home page, Choose “Access”, then “Southold Town Board Meetings and Agendas. Go to the date of the meeting and click on "Minutes Packet" this is the full copy of the resolutions. (Scroll to bottom of page for KEY to symbols). You can view the live video of the meeting by clicking on the camera symbol. All of this information is available 24/7. If you would like help navigating the site, please feel free to call my office 631-765-1800. CALL TO ORDER 7:00 PM Meeting called to order on August 27, 2019 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Present Absent Late Arrived Councilman James Dinizio Jr    Southold Town Meeting Agenda - August 27, 2019 Page 2 Councilman William P. Ruland    Councilwoman Jill Doherty    Councilman Robert Ghosio    Justice Louisa P. Evans    Supervisor Scott A. Russell    I. REPORTS 1. Planning Department Monthly Report July 2019 2. Department of Public Works Monthly Report June 2019 II. COMMUNICATIONS III. PUBLIC NOTICES IV. DISCUSSION 1. 9:00 AM - Jay Brown, Cutchogue Lions Club Request for “Recycle for Sight” Program 2. 9:15 AM - Denis Noncarrow, Jennifer Del Vaglio Update from the Economic Development Committee 3. 9:30 AM - Jim Bunchuck Request for Budget Modification for Purchase of a Solar Powered Message Board 4. 9:45 AM - Chris Baiz and Members of the Agricultural Advisory Committee Amendment to Chapter 280, Zoning, in Connection with Mariculture/Aquaculture Land Based Direct On-Farm Marketing 5. Justice Evans Update on the Fishers Island Seagrass Coalition 6. Request from Christina Renna Foundation “Light it Up Gold” in September for Childhood Cancer Awareness 7. Amendment to Ch. 280, Affordable Housing District (Volunteers in Firematic Protection, Emergency Medical or Ambulance Services) Set P.H. 8. East Marion Main Road Historic District 9. EXECUTIVE SESSION - Proposed Property Acquisition(S), Sale or Lease of Real Property, Publicity of Which Would Substantially Affect the Value Thereof Southold Town Meeting Agenda - August 27, 2019 Page 3 Town Attorney 10. EXECUTIVE SESSION - Labor- Matters Involving the Employment/Employment History of a Particular Person(S) 11:30 AM - Kristie Hansen-Hightower, Accounting Department 11. EXECUTIVE SESSION - Matters Involving the Employment of a Particular Corporation(S) 12:00 PM - Jim Bunchuck, Landfill 12. EXECUTIVE SESSION - Litigation- Brinkmann V. TOS V. RESOLUTIONS 2019-726 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated August 27, 2019.  Vote Record - Resolution RES-2019-726 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent  Defeated James Dinizio Jr      Tabled  Withdrawn William P. Ruland     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell      No Action  Lost 2019-727 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Next Town Board Meeting Southold Town Meeting Agenda - August 27, 2019 Page 4 RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, September 10, 2019 at Southold Town Hall, 53095 Main Road, Southold, New York at 4:30 PM.  Vote Record - Resolution RES-2019-727  Adopted Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  James Dinizio Jr     Tabled  Withdrawn  William P. Ruland     Supervisor's Appt  Jill Doherty      Tax Receiver's Appt Robert Ghosio      Rescinded Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2019-728 CATEGORY: Refund DEPARTMENT: Town Clerk Refund Parking/Disposal Permit RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund to the following individuals for the purchase of parking and/or disposal permits purchased in error: NAME REFUND th Patricia Tsivouras, 6 7 Street, Englewood Clf, NJ 07632 $10.00 Ana L Julian Giron, 73 Sunrise Couirt, Apt 5, Moriches, NY 11955 $10.00 Matthew Burger, 666 Greenwich St., 849, New York, NY 10014 $17.50  Vote Record - Resolution RES-2019-728  Adopted Yes/Aye No/Nay Abstain Absent  Adopted as Amended James Dinizio Jr      Defeated Tabled  William P. Ruland     Withdrawn  Jill Doherty     Supervisor's Appt  Robert Ghosio     Tax Receiver's Appt  Rescinded Louisa P. Evans       Town Clerk's Appt Scott A. Russell      Supt Hgwys Appt  No Action Southold Town Meeting Agenda - August 27, 2019 Page 5 Lost  2019-729 CATEGORY: Special Events DEPARTMENT: Town Clerk Special Events Permit Sparkling Pointe 2019-37 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Sparkling Pointe to hold a Special Event 2019-37 at 39750 County Road 48, Southold, New York as applied for in Application SP3a-b for two (2) events: October 2 and November 2, 2019 from 5:00 PM to 11:00 PM provided they adhere to all conditions on the application and permit and to the Town of Southold Policy for Special Events.  Vote Record - Resolution RES-2019-729 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  James Dinizio Jr     Tabled   Withdrawn William P. Ruland      Supervisor's Appt Jill Doherty      Tax Receiver's Appt Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2019-730 CATEGORY: Special Events DEPARTMENT: Town Clerk Special Events Permit Pindar Vineyard 2019-38 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Pindar Vineyard to hold a Special Event 2019-38 at 37645 Main Road, Peconic, New York as applied for in Application Pin1a-b for two (2) events: September 7 and October 19 (rd 10/26), from 12:00 PM to 6:00 PM provided they adhere to all conditions on the application and permit and to the Town of Southold Policy for Special Events.  Vote Record - Resolution RES-2019-730 Adopted  Yes/Aye No/Nay Abstain Absent Adopted as Amended  Southold Town Meeting Agenda - August 27, 2019 Page 6 Defeated  James Dinizio Jr     Tabled  William P. Ruland      Withdrawn Jill Doherty      Supervisor's Appt  Tax Receiver's Appt Robert Ghosio     Rescinded  Louisa P. Evans     Town Clerk's Appt  Scott A. Russell     Supt Hgwys Appt  No Action  Lost  2019-731 CATEGORY: Employment - Town DEPARTMENT: Accounting Authorizes PT Environmental Analyst Craig Jobes to Work Temporary FT RESOLVED that the Town Board of the Town of Southold hereby authorizes Part-Time Environmental Analyst Craig Jobes to work temporary Full-Time starting on August 29, 2019 through November 29, 2019; rate of pay at Mr. Jobes’ existing rate of $33.62 per hour.  Vote Record - Resolution RES-2019-731 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  James Dinizio Jr      Tabled  Withdrawn William P. Ruland      Supervisor's Appt Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action   Lost 2019-732 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Summer Seasonal FT Deckhands RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the Southold Town Meeting Agenda - August 27, 2019 Page 7 resolution 2019-129 of the Fishers Island Ferry District adopted August 16, 2019 that reads as follows: WHEREAS the Ferry District requires additional full-time Deckhands (FIFD) during the peak season between May 13, 2019, and September 15, 2019; Therefore it is RESOLVED to temporarily appoint with effect May 13, 2019 Evan Spohn as a summer seasonal Deckhand (FIFD). On September 15, 2019, Evan Spohn will terminate his summer seasonal position and on September 16, 2019 be re-appointed to part-time Deckhand (FIFD).  Vote Record - Resolution RES-2019-732 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent  Defeated James Dinizio Jr      Tabled  Withdrawn William P. Ruland     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell      No Action  Lost 2019-733 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Appoint Hunter Kucsera PT Cashier (FIFD) RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves Resolution Number 2019-130 of the Fishers Island Ferry District adopted August 16, 2019 that appoints Hunter Kucsera to the position of part-time Cashier (FIFD) effective September 18, 2019 at a rate of $12.50 per hour.  Vote Record - Resolution RES-2019-733 Adopted  Yes/Aye No/Nay Abstain Absent Adopted as Amended  James Dinizio Jr     Defeated  William P. Ruland     Tabled   Withdrawn Jill Doherty      Supervisor's Appt Robert Ghosio      Tax Receiver's Appt Louisa P. Evans     Rescinded  Southold Town Meeting Agenda - August 27, 2019 Page 8 Town Clerk's Appt  Scott A. Russell     Supt Hgwys Appt   No Action  Lost 2019-734 CATEGORY: Special Events DEPARTMENT: Town Clerk Special Events Permit Macari Vineyard 2019-39 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Macari Vineyard to hold a Special Event 2019-39 at 24385 Main Road, Cutchogue, New York as applied for in Application Mac3a for one (1) event: August 25, from 11:00 PM to 2:00 PM provided they adhere to all conditions on the application and permit and to the Town of Southold Policy for Special Event  Vote Record - Resolution RES-2019-734 Adopted   Adopted as Amended Yes/Aye No/Nay Abstain Absent  Defeated James Dinizio Jr      Tabled Withdrawn  William P. Ruland     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans      Supt Hgwys Appt Scott A. Russell      No Action  Lost 2019-735 CATEGORY: Special Events DEPARTMENT: Town Clerk Special Events Permit Macari Vineyard 2019-40 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Macari Vineyard to hold a Special Event 2019-40 at 24385 Main Road, Cutchogue, New York as applied for in Application Mac4a for one (1) event: August 24, from 3:30 PM to 7:30 PM provided they adhere to all conditions on the application and permit and to the Town of Southold Policy for Special Event Southold Town Meeting Agenda - August 27, 2019 Page 9  Vote Record - Resolution RES-2019-735 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent  Defeated James Dinizio Jr      Tabled  Withdrawn William P. Ruland     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell      No Action  Lost 2019-736 CATEGORY: Refund DEPARTMENT: Planning Board Refund Unused Consulting Fees RESOLVED, that unused consulting fees paid to the Town in connection with the wireless consulting review of New Cingular at East Marion Fire District, SCTM#1000-31-3-1.31, totaling $4,500.00, be refunded to the applicant’s agent: Shore 2 Shore Wireless, Inc.  Vote Record - Resolution RES-2019-736 Adopted   Adopted as Amended Yes/Aye No/Nay Abstain Absent  Defeated James Dinizio Jr     Tabled  Withdrawn  William P. Ruland     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded   Town Clerk's Appt Louisa P. Evans      Supt Hgwys Appt Scott A. Russell      No Action Lost  2019-737 CATEGORY: Refund DEPARTMENT: Planning Board Refund Unused Consulting Fees Southold Town Meeting Agenda - August 27, 2019 Page 10 RESOLVED, that unused consulting fees paid to the Town in connection with the wireless consulting review of New Cingular at Southold Town Animal Shelter, SCTM#1000-75-5-14.1, totaling $4,500.00, be refunded to the applicant’s agent: Shore 2 Shore Wireless, Inc.  Vote Record - Resolution RES-2019-737 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  James Dinizio Jr     Tabled   Withdrawn William P. Ruland      Supervisor's Appt Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action   Lost 2019-738 CATEGORY: Attend Seminar DEPARTMENT: Zoning Board of Appeals Zoning Board of Appeals - Training Request RESOLVED that the Town Board of the Town of Southold hereby grants permission to MEMBERS OF THE ZONING BOARD OF APPEALS TO ATTEND A SEMINAR ENTITLED, “LAND USE TRAINING PROGRAM FOR MUNICIPAL PLANNING AND ZONING OFFICIALS” TO BE HELD AT HOFSTRA UNIVERSITY IN HEMPSTEAD, NY, ON MONDAY, OCTOBER 7, 2019, IN FULFILLMENT OF THE FOUR HOURS OF REQUIRED ANNUAL TRAINING FOR 2020. ALL EXPENSES FOR REGISTRATION AND TRAVEL TO BE A LEGAL CHARGE TO THE 2019 BUDGET LINE B.8010.4.600.200 AND B.8010.4.600.300.  Vote Record - Resolution RES-2019-738  Adopted Yes/Aye No/Nay Abstain Absent Adopted as Amended  Defeated  James Dinizio Jr     Tabled  William P. Ruland     Withdrawn  Jill Doherty     Supervisor's Appt   Tax Receiver's Appt Robert Ghosio      Rescinded Louisa P. Evans     Town Clerk's Appt  Scott A. Russell     Supt Hgwys Appt  No Action  Lost  Southold Town Meeting Agenda - August 27, 2019 Page 11 2019-739 CATEGORY: Budget Modification DEPARTMENT: Police Dept Police Department-Budget Modification Financial Impact: Reallocation of funds after retirement payout for PO Jernick Jr RESOLVED that the Town Board of the Town of Southold hereby modifies the 2019 General Fund Whole Town budget as follows: From: A.1990.4.100.200 Police/Retirement Reserve $73,600 Total $73,600 To: A.3120.1.100.300 Police/PS/FT Employees/Vacation Earnings $3,600 A.3120.1.100.400 Police/PS/FT Employees/Sick Earnings $70,000 Total $73,600  Vote Record - Resolution RES-2019-739  Adopted Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  James Dinizio Jr     Tabled  Withdrawn  William P. Ruland     Supervisor's Appt  Jill Doherty      Tax Receiver's Appt Robert Ghosio      Rescinded  Town Clerk's Appt Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2019-740 CATEGORY: Budget Modification DEPARTMENT: Police Dept Police Department-Budget Modification Financial Impact: Southold Town Meeting Agenda - August 27, 2019 Page 12 Transfer of funds for the purchase of new taser cartridges RESOLVED that the Town Board of the Town of Southold hereby modifies the 2019 General Fund Whole Town budget as follows: From: A.3120.2.500.700 Police/Other Equipment/Soft Body Armor $2,000 Total $2,000 To: A.3120.2.500.625 Police/Other Equipment/Tasers $2,000 Total $2,000  Vote Record - Resolution RES-2019-740 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  James Dinizio Jr      Tabled  Withdrawn William P. Ruland      Supervisor's Appt Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action   Lost 2019-741 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint Joseph Mele Seasonal Maintenance Mechanic I RESOLVED that the Town Board of the Town of Southold hereby appoints Joseph Mele to the position of Seasonal Maintenance Mechanic I for the Human Resource Center, effective September 4, 2019 through November 4, 2019, at a rate of $19.67 per hour subject to pre- employment background search requirements.  Vote Record - Resolution RES-2019-741 Adopted  Yes/Aye No/Nay Abstain Absent Adopted as Amended  Defeated James Dinizio Jr      Tabled  William P. Ruland     Withdrawn  Southold Town Meeting Agenda - August 27, 2019 Page 13 Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio      Rescinded Louisa P. Evans      Town Clerk's Appt  Supt Hgwys Appt Scott A. Russell     No Action  Lost  2019-742 CATEGORY: Attend Seminar DEPARTMENT: Police Dept Police Department-Training Request RESOLVED that the Town Board of the Town of Southold hereby grants permission to th Detective Sergeant John Sinning to attend the MAGLOCLEN 26 Annual Narcotics stth Investigator’s Information Sharing Conference from October 1 through 4, 2019 in Ocean City, MD. All related expenses to be a legal charge to the 2019 budget lines A.3120.4.600.225, A.3120.4.600.300 & A.3120.4.600.200  Vote Record - Resolution RES-2019-742  Adopted Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  James Dinizio Jr     Tabled  Withdrawn  William P. Ruland     Supervisor's Appt  Jill Doherty      Tax Receiver's Appt Robert Ghosio      Rescinded  Town Clerk's Appt Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2019-743 CATEGORY: Attend Seminar DEPARTMENT: Police Dept Police Department-Training Request RESOLVED that the Town Board of the Town of Southold hereby grants permission to Detective Kenneth Richert to attend The Reid Technique of Investigative Interviewing and Southold Town Meeting Agenda - August 27, 2019 Page 14 Positive Persuasion for Child Abuse Investigations course to be held from September 24- 26, 2019 in Hampton Bays, NY. All related expenses to be a legal charge to the 2019 budget line A.3120.4.600.200.  Vote Record - Resolution RES-2019-743  Adopted Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  James Dinizio Jr     Tabled  Withdrawn  William P. Ruland     Supervisor's Appt  Jill Doherty      Tax Receiver's Appt Robert Ghosio      Rescinded Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2019-744 CATEGORY: Property Usage DEPARTMENT: Recreation Southold High School Use of Community Center & Strawberry Field Soccer Fields RESOLVED that the Town Board of the Town of Southold hereby grants permission to Southold High School to use the Community Center field and Strawberry Fields for junior high school girls soccer practice from September 3, 2019 through November 1, 2019 as coordinated with the Recreation Department and Public Works. Fields will be reserved from 3:00 - 5:30 p.m. Monday through Friday. Applicant must file with the Town Clerk a Certificate of Insurance naming the Town of Southold and County of Suffolk as additional insured.  Vote Record - Resolution RES-2019-744 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  James Dinizio Jr     Tabled  Withdrawn  William P. Ruland     Supervisor's Appt  Jill Doherty      Tax Receiver's Appt Robert Ghosio      Rescinded Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  Southold Town Meeting Agenda - August 27, 2019 Page 15 2019-745 CATEGORY: Property Usage DEPARTMENT: Recreation North Fork Lacrosse Club Field Use Fall 2019 RESOLVED that the Town Board of the Town of Southold does hereby grant permission to the North Fork Lacrosse Club, serving youth grades K-8, to use the Cochran Park Lacrosse Field for practice (Saturdays and Sundays, 8:00- 12:00 p.m.) beginning Sept 14, 2019 and ending on November 2, 2019. Applicant has filed with the Town Clerk a Certificate of Insurance naming the Town of Southold as additional insured.  Vote Record - Resolution RES-2019-745 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  James Dinizio Jr     Tabled   Withdrawn William P. Ruland      Supervisor's Appt Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2019-746 CATEGORY: Property Usage DEPARTMENT: Recreation Southold Soccer Club Field Use Fall 2019 RESOLVED that the Town Board of the Town of Southold does hereby grant permission to the Southold Soccer Club, serving youth grades K-6, to use the field behind the Peconic Lane Community Center for practice and games (Mondays, Wednesdays & Fridays, 5:30 - 6:15 p.m.) beginning September 25, 2019 and ending on October 28, 2019. Applicant has filed with the Town Clerk a Certificate of Insurance naming the Town of Southold as additional insured.  Vote Record - Resolution RES-2019-746  Adopted Yes/Aye No/Nay Abstain Absent Adopted as Amended  James Dinizio Jr     Defeated  Southold Town Meeting Agenda - August 27, 2019 Page 16 Tabled  William P. Ruland     Withdrawn  Jill Doherty      Supervisor's Appt Robert Ghosio      Tax Receiver's Appt  Rescinded Louisa P. Evans     Town Clerk's Appt  Scott A. Russell     Supt Hgwys Appt  No Action  Lost  2019-747 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Cutchogue-New Suffolk Historical Council Rock & Roll Car Show Financial Impact: Total Police Department Cost for Event =$219.76 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Cutchogue-New Suffolk Historical Council to hold its Rock & Roll Car Show on the Cutchogue Village Green, Cutchogue on Sunday October 6, 2019 from 9:00 AM to 4:00 PM provided they file a Certificate of Liability Insurance naming the Town of Southold as addition insured for two million dollars and comply with all the conditions of the Town’s Policy for Special Events on Town Properties. All fees with the exception of the clean-up deposit shall be waived.  Vote Record - Resolution RES-2019-747  Adopted  Adopted as Amended Yes/Aye No/Nay Abstain Absent Defeated  James Dinizio Jr     Tabled  Withdrawn  William P. Ruland     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio      Rescinded  Town Clerk's Appt Louisa P. Evans      Supt Hgwys Appt Scott A. Russell     No Action  Lost  2019-748 CATEGORY: Employment - Town Southold Town Meeting Agenda - August 27, 2019 Page 17 DEPARTMENT: Accounting Appoint Vanessa Faraone PT Tax Cashier RESOLVED that the Town Board of the Town of Southold hereby appoints Vanessa Faraone to the position of a Part Time Tax Cashier for the Tax Receivers’ Office effective December 2, 2019, at a rate of $18.70 per hour, not to exceed 17.5 hours per week, subject to background search completion.  Vote Record - Resolution RES-2019-748  Adopted  Adopted as Amended Yes/Aye No/Nay Abstain Absent  Defeated James Dinizio Jr     Tabled  Withdrawn  William P. Ruland     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded   Town Clerk's Appt Louisa P. Evans      Supt Hgwys Appt Scott A. Russell      No Action Lost  2019-749 CATEGORY: Public Service DEPARTMENT: Town Clerk Appoint a Temporary Marriage Officer RESOLVED that the Town Board of the Town of Southold hereby appoints Peter R. McGreevy as a Temporary Marriage Officer for the Town of Southold, on September 21, 2019 only, to serve at no compensation.  Vote Record - Resolution RES-2019-749  Adopted  Adopted as Amended Yes/Aye No/Nay Abstain Absent Defeated  James Dinizio Jr     Tabled  Withdrawn  William P. Ruland     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio      Rescinded  Town Clerk's Appt Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  Southold Town Meeting Agenda - August 27, 2019 Page 18 2019-750 CATEGORY: Refund DEPARTMENT: Town Clerk Various Clean Up Deposits WHEREAS the following groups have supplied the Town of Southold with a refundable Clean- up Deposit fee, for their events and WHEREAS the Southold Town Police Chief, Martin Flatley, has informed the Town Clerk's office that this fee may be refunded, now therefor be it RESOLVED that Town Board of the Town of Southold hereby authorizes a refund be issued in the amount of the deposit made to the following Name Date Received Amount of Deposit Griswold Terry Glover Post 803 6/19/19 $250.00 PO Box 591 Southold, NY 11971 Cutchogue Fire Department 7/26/19 $250.00 260 New Suffolk Avenue Cutchogue, NY 11935 Southold Yacht Club 6/20/19 $250.00 PO Box 546 Southold, NY 11971 North Fork Reform Synagogue 5/9/19 $250.00 c/o Ellen Zimmerman PO Box 105 East Marion, NY 11939  Vote Record - Resolution RES-2019-750 Adopted  Yes/Aye No/Nay Abstain Absent Adopted as Amended  James Dinizio Jr     Defeated  Tabled  William P. Ruland     Withdrawn  Jill Doherty      Supervisor's Appt Robert Ghosio      Tax Receiver's Appt Louisa P. Evans  Rescinded     Town Clerk's Appt  Scott A. Russell     Supt Hgwys Appt  No Action  Southold Town Meeting Agenda - August 27, 2019 Page 19 Lost  2019-751 CATEGORY: Legal DEPARTMENT: Town Attorney Settlement Nocro LTD WHEREAS, pursuant to a Stipulation of Settlement resolving the matter Nocro Ltd, et. al. v. Russell, et. al., in the Supreme Court of the State of New York, Suffolk County Index No. 09- 19101, regarding the residential development known as the Heritage and/or Harvest Point, the developer is required to make payment to the Town in the amount of Two Million ($2,000,000) Dollars for all park, recreation area, affordable housing, professional and other fees associated with the development; and WHEREAS, The Town now seeks to divide the proceeds from the payments equally between the parks and recreation fund and the affordable housing fund; now therefor be it RESOLVED by the Town Board of the Town of Southold that the Town of Southold hereby directs that fees submitted pursuant this settlement be distributed as follows: Fifty (50%) percent to the Parks and Recreation fund and Fifty (50%) percent to the Housing fund.  Vote Record - Resolution RES-2019-751 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  James Dinizio Jr     Tabled   Withdrawn William P. Ruland      Supervisor's Appt Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2019-752 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Clerk PH 9/24 7:00 Pm Chapter 280 - AHD Southold Town Meeting Agenda - August 27, 2019 Page 20 WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk th County, New York, on the 27 day of August, 2019, a Local Law entitled “A Local Law in relation to an Amendment to Chapter 280, Zoning, in connection with Affordable Housing District” now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the th aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 24 day of September, 2019 at 7:00 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, “A Local Law in relation to an Amendment to Chapter 280, Zoning, in connection with Affordable Housing District” which reads as follows: LOCAL LAW NO. 2019 A Local Law entitled, “A Local Law in relation to an Amendment to Chapter 280, Zoning, in connection with Affordable Housing District” BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose The Purpose of the amendment is to update the eligibility requirements. II. Amendment. The Southold Town Code is hereby amended by removing the struck through words and adding the underlined words as follows: §280-30. General regulations and requirements C. Eligibility (non-age-restricted). In each AHD, the sale or lease of dwelling units and unimproved lots shall be reserved for moderate-income families who do not have any ownership interest in any other residence or vacant lot. The net worth of an applicant (individual or family) shall not exceed 25% of the purchase price of a home sold pursuant to this section. The eligible applicants shall be placed in a lottery system must be registered in the Town of Southold Registry, administered by the Government Liaison Officer. There shall be a priority for qualified active members in service as volunteers in an agency providing firematic protection, emergency medical or ambulance services in the Town of Southold in a formula acceptable to the Town Board. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Southold Town Meeting Agenda - August 27, 2019 Page 21 IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law.  Vote Record - Resolution RES-2019-752  Adopted Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  James Dinizio Jr     Tabled  Withdrawn  William P. Ruland     Supervisor's Appt  Jill Doherty      Tax Receiver's Appt Robert Ghosio      Rescinded Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2019-753 CATEGORY: Attend Seminar DEPARTMENT: Engineering James Richter to Attend Fire & Life Safety Training RESOLVED that the Town Board of the Town of Southold hereby grants permission to James Richter to attend the “2015 IBC Fire & Life Safety Principles” training on September 6, 2019. All expenses for registration, travel to be a legal charge to the 2019 budget (meetings and seminars).  Vote Record - Resolution RES-2019-753  Adopted  Adopted as Amended Yes/Aye No/Nay Abstain Absent  Defeated James Dinizio Jr     Tabled  Withdrawn  William P. Ruland     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded   Town Clerk's Appt Louisa P. Evans      Supt Hgwys Appt Scott A. Russell      No Action Lost  Southold Town Meeting Agenda - August 27, 2019 Page 22 2019-754 CATEGORY: Attend Seminar DEPARTMENT: Engineering James Richter to Attend Code Enforcement Training RESOLVED that the Town Board of the Town of Southold hereby grants permission to James Richter to attend “Code Enforcement Official & Disaster Response” and “Building Science Behind the Code” training on October 8, 2019. All expenses for registration, travel to be a legal charge to the 2019 budget (meetings and seminars).  Vote Record - Resolution RES-2019-754  Adopted Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  James Dinizio Jr     Tabled  Withdrawn  William P. Ruland     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio      Rescinded  Town Clerk's Appt Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2019-755 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District 2019 Budget Modification: SWMD Financial Impact: To provide funds for purchase of solar powered message board. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2019 Solid Waste Management District budget as follows: From: SR 8160.1.300.100 Temp/Seasonal Emp. Reg Earnings $5,000 SR 8160.4.400.811 Stump Removal 1,200 Total $6,200 To: SR 8160.4.100.995 Signage $6,200 Total $6,200 Southold Town Meeting Agenda - August 27, 2019 Page 23  Vote Record - Resolution RES-2019-755 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent  Defeated James Dinizio Jr      Tabled  Withdrawn William P. Ruland     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell      No Action  Lost 2019-756 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Reappointment to Deer Management Task Force RESOLVED the Town Board of the Town of Southold hereby reappoints John Scarramucci to the Deer Management Task Force effective through March 31, 2020.  Vote Record - Resolution RES-2019-756 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  James Dinizio Jr     Tabled  Withdrawn  William P. Ruland      Supervisor's Appt Jill Doherty      Tax Receiver's Appt Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2019-757 CATEGORY: Budget Modification DEPARTMENT: Highway Department 2019 Budget Modification - Highway Financial Impact: Southold Town Meeting Agenda - August 27, 2019 Page 24 transfer of funds RESOLVED that the Town Board of the Town of Southold hereby modifies the 2019 Highway Fund Part Town budget as follows: From: DB.5110.1.100.200 General Repairs Regular Earnings 10,000.00 DB.5130.2.500.300 Other Equipment $2,300.00 DB.5140.4.400.100 Cleanup Week Debris Disp 2,100.00 TOTAL $14,400.00 To: DB.5110.4.100.100 Miscellaneous Supplies $300.00 DB.5110.4.100.350 Traffic Paint1 1,000.00 DB.5140.1.100.100 Brush & Weeds Regular Earnings 10,000.00 DB.5140.4.100.700 Safety Gear 1,000.00 DB.5140.4.400.150 Rubbish Disposal 2,100.00 TOTAL $14,400.00  Vote Record - Resolution RES-2019-757 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  James Dinizio Jr     Tabled  Withdrawn  William P. Ruland      Supervisor's Appt Jill Doherty      Tax Receiver's Appt Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2019-758 CATEGORY: Public Service DEPARTMENT: Town Attorney Eyeglass Recycling Bin RESOLVED that the Town Board of the Town of Southold hereby authorizes the placement of an eyeglass recycling collection bin by the Cutchogue Lions Club at the Town of Southold Recreation Center.  Vote Record - Resolution RES-2019-758 Adopted  Yes/Aye No/Nay Abstain Absent Adopted as Amended  Southold Town Meeting Agenda - August 27, 2019 Page 25 Defeated  James Dinizio Jr     Tabled  William P. Ruland      Withdrawn Jill Doherty      Supervisor's Appt  Tax Receiver's Appt Robert Ghosio     Rescinded  Louisa P. Evans     Town Clerk's Appt  Scott A. Russell     Supt Hgwys Appt  No Action  Lost  2019-759 CATEGORY: Ratify Fishers Island Reso. DEPARTMENT: Fishers Island Ferry District FIFD 8/16/19 Meeting Resolution Ratifications RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolutions of the Fishers Island Ferry District Board of Commissioners dated April 29, 2019, as follows: FIFD resolution # Regarding 2019 131 Settlement 2019 132 Settlement  Vote Record - Resolution RES-2019-759  Adopted  Adopted as Amended Yes/Aye No/Nay Abstain Absent Defeated  James Dinizio Jr     Tabled  Withdrawn  William P. Ruland     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio      Rescinded  Town Clerk's Appt Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2019-760 CATEGORY: Budget Modification Southold Town Meeting Agenda - August 27, 2019 Page 26 DEPARTMENT: Accounting 2019 Budget Modification- CDBG Financial Impact: Establish 2019 CDBG Budget per contract RESOLVED that the Town Board of the Town of Southold hereby modifies the 2019 Community Development Fund budget as follows: Increase Revenues: CD.2743.45 Year 45 $260,000 Total $260,000 Increase Appropriations: CD.8660.K.045.008 Year 45 CAST $7,500 CD.8660.K.045.010 Year 45 Maureen’s Haven 7,500 th CD.8660.K.045.016 Year 45 ADA Sidewalks 6 Ave 50,000 CD.9901.K.045.100 Year 45 Interfund Transfers Capital (Peconic Playground-ADA Improvements) 195,000 Total $260,000  Vote Record - Resolution RES-2019-760 Adopted   Adopted as Amended Yes/Aye No/Nay Abstain Absent  Defeated James Dinizio Jr      Tabled Withdrawn  William P. Ruland     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans      Supt Hgwys Appt Scott A. Russell      No Action  Lost 2019-761 CATEGORY: Coastal Erosion DEPARTMENT: Town Attorney CEA Bashian WHEREAS, the Board of Trustees denied the application of HARRY BASHIAN & HAYKUHI BASHIAN to replace existing storm-damaged bulkheading located at 5824 North Road, Greenport, NY SCTM#1000-44-2-15, under the Town of Southold Coastal Erosion Hazard Areas Law (the “Law”) of the Town of Southold pursuant to Section 111-11(c); and Southold Town Meeting Agenda - August 27, 2019 Page 27 WHEREAS, on June 26, 2019, the Applicant submitted an application to the Town Board of the Town of Southold seeking to appeal the determination of the Board of Trustees, or in the alternative, seeking a variance from the requirements of the Law; and WHEREAS, on July 30, 2019 and August 13, 2019 the Town Board conducted duly noticed public hearings on the instant appeal with an opportunity for all interested parties to be heard and testimony was taken of the Applicant’s consultant; and WHEREAS, the application has been reviewed pursuant to Chapter 268, Waterfront Consistency Review of the Town Code and the Local Waterfront Revitalization Program; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed action is classified as a Type II Action and is not subject to review pursuant to SEQRA Rules and Regulations for this action; and be it further RESOLVED that the Town Board of the Town of Southold does hereby adopt the Findings and Determination dated August 27, 2019, conditionally granting the application of HARRY BASHIAN & HAYKUHI BASHIAN for a coastal erosion hazard area permit pursuant to §111-20 of the Town of Southold Coastal Erosion Hazard Area Law; with the following conditions: 1. Submission of new amended plans detailing the approved project as detailed in the Findings and Determination dated August 27, 2019 and further depicting that no decking extend seaward of the bulkheading; 2. That prior to issuance of a Permit the applicant submit written authorization from the County of Suffolk to access the subject property over lands owned by the county; 3. That the applicant not access the subject property from the lands owned by the neighbor to the East. and be it further RESOLVED that the Town Board had determined that this action is consistent with Chapter 268, Local Waterfront Revitalization Program; and be it further RESOLVED that this Determination shall not affect or deprive any other agency of its properly asserted jurisdiction, separate and apart from the proceedings under the Coastal Erosion Hazard Areas Law considered herein.  Vote Record - Resolution RES-2019-761 Adopted  Yes/Aye No/Nay Abstain Absent Adopted as Amended  James Dinizio Jr     Defeated  William P. Ruland     Tabled  Southold Town Meeting Agenda - August 27, 2019 Page 28 Withdrawn  Jill Doherty     Supervisor's Appt  Robert Ghosio      Tax Receiver's Appt Louisa P. Evans      Rescinded  Town Clerk's Appt Scott A. Russell     Supt Hgwys Appt  No Action  Lost  2019-762 CATEGORY: Coastal Erosion DEPARTMENT: Town Attorney CEA Young WHEREAS, the Board of Trustees denied the application of Donald W. Young Rev. Trust & Kelly C. Young Rev. Trust to construct a wood pile and timber pier located off East End Road, Fishers Island, NY SCTM#1000-3-2-2, under the Town of Southold Coastal Erosion Hazard Areas Law (the “Law”) of the Town of Southold pursuant to Section 111-11(c); and WHEREAS, on July 16, 2019, the Applicant submitted an application to the Town Board of the Town of Southold seeking to appeal the determination of the Board of Trustees, or in the alternative, seeking a variance from the requirements of the Law; and WHEREAS, on August 27, 2019, the Town Board conducted a duly noticed public hearing on the instant appeal with an opportunity for all interested parties to be heard and testimony was taken of the Applicant’s consultant and other interested parties; and WHEREAS, the application has been reviewed pursuant to Chapter 268, Waterfront Consistency Review of the Town Code and the Local Waterfront Revitalization Program; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed action is classified as a Type II Action and is not subject to review pursuant to SEQRA Rules and Regulations for this action; and be it further RESOLVED that the Town Board of the Town of Southold does hereby adopt the Findings and Determination dated August 27, 2019 granting the application of Donald W. Young Rev. Trust & Kelly C. Young Rev. Trust for a coastal erosion hazard area permit pursuant to §111-20 of the Town of Southold Coastal Erosion Hazard Area Law and be it further RESOLVED that the Town Board had determined that this action is consistent with Chapter 268, Local Waterfront Revitalization Program; and be it further Southold Town Meeting Agenda - August 27, 2019 Page 29 RESOLVED that this Determination shall not affect or deprive any other agency of its properly asserted jurisdiction, separate and apart from the proceedings under the Coastal Erosion Hazard Areas Law considered herein.  Vote Record - Resolution RES-2019-762 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent  Defeated James Dinizio Jr      Tabled  Withdrawn William P. Ruland     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell      No Action  Lost 2019-763 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL Chapter 280, Accessory Apartments WHEREAS that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 16th day of July, 2019, a Local Law entitled “A Local Law in relation to an Amendment to Chapter 280, Zoning, in connection with Accessory Apartments in the Town of Southold” and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, “A Local Law in relation to an Amendment to Chapter 280, Zoning, in connection with Accessory Apartments in the Town of Southold” which reads as follows: LOCAL LAW NO. 2019 A Local Law entitled, “A Local Law in relation to an Amendment to Chapter 280, Zoning, in connection with Accessory Apartments in the Town of Southold” BE IT ENACTED by the Town Board of the Town of Southold as follows: Southold Town Meeting Agenda - August 27, 2019 Page 30 § 280-13 Use regulations. \[Amended 3-14-1989 by L.L. No. 3-1989\] In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. \[Amended 5-23-1989 by L.L. No. 8-1989; 11-29-1994 by L.L. No. 25- 1994; 11-29-1994 by L.L. No. 26-1994; 5-13-1997 by L.L. No. 8-1997; 7-17-2007 by L.L. No. 15-2007; 6-15-2010 by L.L. No. 2-2010\] (6) One accessory apartment in an existing one-family dwelling, subject to the issuance of a rental permit in accordance with § 280-13D and the following requirements: (b) One of the dwelling units shall be occupied exclusively by tThe owner of the existing dwelling shall occupy one of the dwelling units as the owner's principal residence. The other dwelling unit shall be leased for year-round occupancy, evidenced by a written lease for a term of one or more years. (c) The existing one-family dwelling shall contain not less than 1200 1,600 square feet of livable floor area. (d) The accessory apartment shall contain not less than 350 450 square feet and shall not exceed 750 square feet of livable floor area and shall have no more than one bathroom. (l) The dwelling which is converted to permit an accessory apartment shall be in existence and be eligible for or have a valid certificate of occupancy issued at least ten (10) years prior to applying for an accessory apartment January 1, 2004, or proof of legal occupancy prior to that date. (q) No accessory apartment shall be occupied by more than the number of persons permitted to occupy the dwelling unit under Section 404 of the Property Maintenance Code of the New York State Uniform Fire Prevention and Building Code. B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as special exception by the Board of Appeals, as hereinafter provided, and, except for the uses set forth in Subsections B(1), (13) and (14) hereof, are subject to site plan approval by the Planning Board: \[Amended 3-14-1989 by L.L. No. 3-1989; 5-20-1993 by L.L. No. 6-1993; 12-21-1993 by L.L. No. 3-1989; 11-29-1994 by L.L. No. 26-1994; 12-27- 1994 by L.L. No. 30-1994; 2-7-1995 by L.L. No. 3-1995; 11-12-1996 by L.L. No. 20-1996; 11-12-1997 by L.L. No. 26-1997; 12-8-1998 by L.L. No. 26-1998; 10-25-2005 by L.L. No. 18-2005; 6-15-2010 by L.L. No. 2-2010\] (13) One accessory apartment in a lawfully existing detached accessory garage, barn or storage building, subject to the following requirements: \[Amended 4-24-2018 by L.L. No. 3-2018\] (a) The accessory apartment shall contain no less than 350 450 square feet and shall not exceed 750 square feet of livable floor area and shall have no more than one bathroom. Southold Town Meeting Agenda - August 27, 2019 Page 31 (i) Occupancy of resident structures on the premises shall be subject to the issuance of an annual rental permit in accordance with § 280-13D and the following requirements: \[1\] The owner of the premises shall occupy Eeither the existing single-family dwelling unit or the accessory apartment in the detached accessory structure shall be occupied exclusively by the owner of the premises as the owner's principal residence. The other dwelling unit shall be leased for year-round occupancy evidenced by a written lease for a term of one or more years to: D. Rental permit for accessory apartments. Notwithstanding any prior course of conduct or permission granted, no owner of property shall cause, permit, or allow the occupancy or use of an accessory apartment created pursuant to § 280-13A(6) or § 280-13B(13) without a valid rental permit issued upon application to the Chief Building Inspector. \[Added 6-15- 2010 by L.L. No. 2-2010\] (1) Content of application. An application for a rental permit or for a renewal of a rental permit shall bear the notarized signature of the owner and contain the following information: (a) The name, date of birth and telephone number of the owner. (b) The address of the subject property including street address and Suffolk County Tax Map number. (c) In the event the owner is a corporation, partnership, limited liability company or other business entity, the name, address and telephone number of each owner, principal, officer, shareholder, partner or member of such business. (d) The name(s) and telephone number(s) of all tenants. (e) A copy of the lease agreement between owner and tenant. (f) A copy of the certificate of occupancy or preexisting certificate of occupancy for the property. (2) The owner of an accessory apartment within an existing one-family dwelling shall, in addition to the information required in § 280-13D(1)(a) through (f), provide a certification that the existing dwelling or accessory apartment is occupied by the owner and that the premises is in compliance with all of the provisions of the Code of the Town of Southold, the laws and sanitary and housing regulations of the County of Suffolk and the laws of the State of New York. (3) The owner of an accessory apartment in an accessory structure lawfully existing pursuant to § 280-13B(13) shall, in addition to the information required in § 280- 13D(1)(a) through (f), provide a certification that: \[Amended 12-5-2017 by L.L. No. 20-2017\] (a) The existing single-family dwelling or the accessory apartment in the accessory structure is occupied by the owner as the owner's principal residence. (b) The other dwelling unit on the subject property is to be occupied by either a family member or an individual who is currently on the Southold Town Affordable Housing Registry and eligible for placement. (c) Rents charged to a tenant from the Affordable Housing Registry shall not exceed the rent established by the Town Board annually pursuant to § 280-30F of this Code. Southold Town Meeting Agenda - August 27, 2019 Page 32 (d) The dwelling unit is in compliance with all of the provisions of the Code of the Town of Southold, the laws and sanitary and housing regulations of the County of Suffolk and the laws of the State of New York. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law.  Vote Record - Resolution RES-2019-763 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent  Defeated James Dinizio Jr      Tabled Withdrawn  William P. Ruland     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans      Supt Hgwys Appt Scott A. Russell      No Action  Lost 2019-764 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL Moratorium Extension WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk th County, New York, on the 30 day of July, 2019, a Local Law entitled, “A Local Law in relation to the six (6) month Extension of a Temporary Moratorium on the issuance of approvals and/or permits for the parcels of property in “The State Route 25 Love Lane Intersection and surrounding area” and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Southold Town Meeting Agenda - August 27, 2019 Page 33 Local Law entitled, , “A Local Law in relation to the six (6) month Extension of a Temporary Moratorium on the issuance of approvals and/or permits for the parcels of property in “The State Route 25 Love Lane Intersection and surrounding area” reads as follows: LOCAL LAW NO. 2019 A Local Law entitled, “A Local Law in relation to the six (6) month Extension of a Temporary Moratorium on the issuance of approvals and/or permits for the parcels of property in “The State Route 25 Love Lane Intersection and surrounding area” . BE IT ENACTED by the Town Board of the Town of Southold, as follows: Section 1. Purpose Moratorium Extension The Town Board recognizes that in the area of the intersection of State Route 25 (a/k/a “Main Road”) and Love Lane there is insufficient infrastructure to handle the drastic increase in traffic in recent years and to allow for the safe passage of pedestrians to safely cross Main Road at the Love Lane intersection as well as at other intersections immediately to the East and West of the aforementioned intersection. This lack of infrastructure puts the health, safety and welfare of the public at risk. The residents of the hamlet of Mattituck and the surrounding areas have voiced their concerns regarding the risk to the health, safety and welfare of the community and the need for improvements to the infrastructure at the intersection of Main Road and Love Lane. Similarly, local business owners have identified the traffic issues along Route 25 and Love Lane as having a negative effect on local businesses. A six (6) month moratorium was enacted by the Town Board of the Town of Southold as Local Law 1-2019, on February 26, 2019, with an effective date of March 6, 2019. The current moratorium is set to expire in early September 6, 2019. The moratorium as enacted, is intended to provide sufficient time for the Town to consider the recommendations of ongoing traffic studies, a parking study in the Love Lane area and the completion of the Town Comprehensive Plan. During the course of the moratorium the Town has met with New York State Department of Transportation officials to determine which of the various proposed improvements to the infrastructure the State would deem acceptable and willing to implement or allow the Town to implement. This analysis remains ongoing. In addition, the draft Town Comprehensive Plan has been completed and is now open for public comment. The final adoption of the plan is anticipated to occur by the end of year 2019. The Town Board wishes to be able to consider the proposals and recommendations contained in the various aforementioned plans; consider various alternatives to current zoning along Main Road; as well as implement improvements to the infrastructure and adopt any recommended land use changes, to insure the health, safety and welfare of the community to address the recent drastic increased demands on the infrastructure in the area around the Main Southold Town Meeting Agenda - August 27, 2019 Page 34 Road/Love Lane Intersection and surrounding area. An extension of the moratorium is necessary to complete this function. Given the reasons and facts set forth above and until the planning process is completed, the Town Board finds it necessary to extend the moratorium already in effect, the terms of which remain unchanged and are set forth below. This action is necessary in order to protect the character, public health, safety and welfare of the residents of the hamlet of Mattituck as well as those visiting the Love Lane area. Section 2. ENACTMENT OF A TEMPORARY MORATORIUM Until six (6) months from the effective date of this Local Law, after which this Local Law shall lapse and be without further force and effect and subject to any other Local Law adopted by the Town Board during the six (6) month period, no agency, board, board officer or employee of the Town of Southold including but not limited to, the Town Board, the Zoning Board of Appeals, the Trustees, the Planning Board , or the Building Inspector(s) issuing any building permit pursuant to any provision of the Southold Town Code, shall issue, cause to be issued or allow to be issued any approval, special exception, variance, site plan, building permit, subdivision, or permit for any of the property situated along State Route 25, bounded on the West by intersection of State Route 25 and Bay Avenue and bounded on the East by the intersection of State Route 25 and Pike Street. Section 3. DEFINITION OF “THE STATE ROUTE 25 LOVE INTERSECTION AND SURROUNDING AREA” The State Route 25 and Love Lane intersection and surrounding area is hereby defined as the area bounded by the following public roads: All properties along State Route 25 in the hamlet of Mattituck, bounded by the intersection of State Route 25 and Bay Ave on the West and State Route 25 and Pike Street on the East. Section 4. EXCLUSIONS This Local Law shall not apply: 1) to any person or entity who/which has, prior to the effective date of this Local Law, obtained all permits required for construction of a building on any property located in the State Route 25 Love Lane Intersection and Surrounding Area including later applications to repair or alter, but not enlarge, any such building otherwise prohibited during the period of this temporary moratorium. 2) To any permit or application regarding a single family dwelling unit to be used solely for residential purposes. 3) To any application by a municipal corporation or special district or fire district. Section 5. AUTHORITY TO SUPERCEDE To the extent and degree any provisions of this Local Law are construed as inconsistent with the provisions of Town Law sections 264, 265, 265-a, 267, 267-a, 267-b, 274-a, 274-b, and 276, this Local Law is intended pursuant to Municipal Home Rule Law sections 10(1)(ii)(d)(3) and section 22 to supercede any said inconsistent authority. Southold Town Meeting Agenda - August 27, 2019 Page 35 Section 6. VARIANCE TO THIS MORATORIUM Any person or entity suffering unnecessary hardship as that term is used and construed in Town Law section 267-b (2)(b), by reason of the enactment and continuance of this moratorium may apply to the Town Board for a variance excepting the person’s or entity’s premises or a portion thereof from the temporary moratorium and allowing issuance of a permit all in accordance with the provisions of this Southold Town Code applicable to such use or construction. Section 7. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not impair or invalidate the remainder of this Local Law. Section 8. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State.  Vote Record - Resolution RES-2019-764 Adopted   Adopted as Amended Yes/Aye No/Nay Abstain Absent  Defeated James Dinizio Jr      Tabled Withdrawn  William P. Ruland     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans      Supt Hgwys Appt Scott A. Russell      No Action  Lost 2019-765 CATEGORY: Property Acquisition Purchase DEPARTMENT: Land Preservation FI Utility Co 3.-7-3 Open Space Acquisition Elect to Purchase/SEQRA WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of open space fee title to a certain parcel of property owned by Fishers Island th Utility Company, Inc. on the 27 day of August, 2019, at which time all interested parties were given the opportunity to be heard; and Southold Town Meeting Agenda - August 27, 2019 Page 36 WHEREAS, said property is identified as SCTM #1000-3.-7-3. The address is No # East End Road on Fishers Island. The property is located in the R-120 Zoning District and is situated on Middle Farm Pond at the easterly end of Fishers Island, New York; and WHEREAS, the proposed acquisition is for fee title of the undeveloped parcel that is approximately 5.4± acres (subject to a Town-provided survey). The purchase price is $480,000.00 (four hundred eighty thousand dollars). The acquisition will be acquired using Community Preservation Funds; and WHEREAS, the property is listed on the Town’s Community Preservation Project Plan List of Eligible Parcels for the purpose of establishing parks, nature preserves, or recreation areas and watershed protection. Proposed uses for the property may include the establishment of a passive recreational trail. The Town of Southold may enter into a License Agreement with the Henry L. Ferguson Museum Land Trust for the Land Trust to steward the property for open space purposes. All uses will be subject to a Town Management Plan that will be developed for this property; and WHEREAS, the purchase of this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program (“LWRP”) and the LWRP Coordinator has recommended that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Coordinator has reviewed the acquisition in accordance with Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5. One (1) Sanitary Flow Credit may be available for transfer from the property upon the Town’s purchase of the property. The transfer of the Sanitary Flow Credit will not be finalized, and shall not occur, until the Town closes on the property, and the Town Board passes a resolution allowing the transfer of such credit into the Town TDR Bank; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire this undeveloped parcel; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase this parcel; and, WHEREAS, THE TOWN BOARD OF THE TOWN OF SOUTHOLD CLASSIFIES THIS ACTION AS AN UNLISTED ACTION PURSUANT TO THE SEQRA RULES AND REGULATIONS, 6NYCRR 617.1 ET. SEQ.; AND, WHEREAS, the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and, Southold Town Meeting Agenda - August 27, 2019 Page 37 WHEREAS, the Town Board of the Town of Southold accepted the Short Environmental Form for this project that is attached hereto; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action; and, be it further RESOLVED that the Town Board of the Town of Southold hereby elects to purchase open space fee title to vacant land owned by Fishers Island Utility Company, Inc., identified as parcel SCTM #1000-3.-7-3. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the Town Board have determined that this action is consistent with the LWRP.  Vote Record - Resolution RES-2019-765 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  James Dinizio Jr     Tabled  Withdrawn  William P. Ruland      Supervisor's Appt Jill Doherty      Tax Receiver's Appt Robert Ghosio      Rescinded Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  VI. PUBLIC HEARINGS 1. PH 8/27 7:00 Pm - Chapter 280, Accessory Apartments 2. PH 8/27 7:00 Pm - LL Moratorium on Route 25, Mattituck 3. PH 8/27 - 7:00 PM - Open Space - FI Utility Co