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Home My WebLink AboutAG-07/19/2022 Town Hall, 53095 Main Road DENIS NONCARROW P.O. Box 1179 TOWN CLERK REGISTRAR OF VITAL STATISTICS Southold, New York 11971 MARRIAGE OFFICER Fax (631) 765-6145 RECORDS MANAGEMENT OFFICER Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD AGENDA FINAL SOUTHOLD TOWN BOARD July 19, 2022 4:30 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 <http://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. Due to the expiration of the New York State Governor’s Executive Orders regarding the COVID-19 pandemic in-person access to the Public will now be permitted. The meeting will still be accessible via Zoom and streamed live on the Town’s website. The meeting can be viewed live by going to the Town’s website at www.southoldtownny.gov <http://www.southtownny.gov> home page. Click on the “Government” tab, once the drop down menu appears, under “Town Supervisor/Town Board”, click on “Southold Town Board Minutes and Agendas” which takes the user to the Town of Southold Meeting Portal page. Once on the Meeting Portal page, click on the date of the meeting you wish to view and then click on “Video”. A recording of the meeting will also air on Channel 22 and will be posted on the Town’s website Instructions and link to attend the meeting will be available on the Town’s website or by calling the Town Clerk’s office at (631)765-1800. A telephone number will also be provided to allow members of the public to attend via telephone. Written comments and/or questions may also be submitted via email to the Town Clerk at denisn@southoldtownny.gov <mailto:denisn@southoldtownny.gov>and Lynda.rudder@town.southold.ny.us <mailto:Lynda.rudder@town.southold.ny.us> . Said comments and/or questions will be considered at the public hearing provided that they are submitted no later than 12:00 P.M. (Prevailing Time) on the day of the public hearing. Pursuant to the requirements of the Executive Order of the Governor of the State of New York, a transcript will be prepared of the public hearing, and a copy shall be filed with the Town Clerk and placed upon the Town's website. Please check the meeting Agenda posted on the Town’s website (www.southoldtownny.gov) for further instructions or for any changes to the instructions to access the public hearing, and for updated information. Call to Order 4:30 PM Meeting called to order on July 19, 2022 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Present Absent Late Arrived Councilwoman Sarah E. Nappa    Councilman Greg Doroski    Councilman Brian O. Mealy    Councilwoman Jill Doherty    Justice Louisa P. Evans    Supervisor Scott A. Russell    I. Reports 1. Town Clerk Reports June 2022 2nd Quater 1st Half 2. Board of Trustees June 2022 Report II. Public Notices 1. NYS Liquor Authority New: Baywater Group, Inc. III. Communications IV. Discussion 1. 9:00 Am - Jack Malley, Chairman of the Economic Development Committee Winterfest 2023 and Request to Advertise for Economic Development Committee Member 2. 9:15 Am - Deanna Witte-Walker, Executive Director of the Southold Historical Museum Southold Historical Society Request for Resolution of Support for Consolidated Funding Application Through the Regional Economic Development Council 3. 9:30 Am - Elizabeth Hornstein of New York Sea Grant (Via Zoom) Long Island Sound Study Sustainable & Resilient Communities Program Presentation 4. 10:15 Am - Housing Advisory Commission and Planning Board Process to Develop Affordable Housing Criteria Going Forward 5. Proposed Housing Plan Referendum 6. Local Law in Relation to Amendments to Ch. 280 House Size Legislation 7. Change of Zone for SCTM# 1000-101.-02-7 Middle Road/CR 48- “Cutchogue Woods” 8. Change of Zone for SCTM# 1000-38.-07-7.1 Shipyard Lane, East Marion 9. Coastal Erosion Appeal Application Dana Didriksen Property, Fishers Island (Set Public Hearing) 10. Councilwoman Nappa Compliment/Complaint Form from the Police Implementation Working Group 11. Continued Discussion on the Review of the Police Policy Manual 12. EXECUTIVE SESSION - Labor- Matters Involving the Employment of a Particular Person(S) 1:15 pm - Melissa Spiro, Land Preservation 13. EXECUTIVE SESSION - Potential Acquisition(S), Sale or Lease of Real Property Where Publicity Would Substantially Affect the Value Thereof 1:30 pm - Melissa Spiro, Land Preservation 2:00 pm - Michael Collins, Town Engineer V. Resolutions 2022-597 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated July, 19th, 2022.  Vote Record - Resolution RES-2022-597 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent  Defeated Sarah E. Nappa      Tabled  Withdrawn Greg Doroski     Supervisor's Appt  Brian O. Mealy     Tax Receiver's Appt  Jill Doherty     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell      No Action  Lost 2022-598 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Set Next Town Board Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Wednesday, August 3rd , 2022 at 1:30 pm. Fishers Island NY.  Vote Record - Resolution RES-2022-598 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled   Withdrawn Greg Doroski      Supervisor's Appt Brian O. Mealy      Tax Receiver's Appt Jill Doherty     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2022-599 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Set Next Town Board Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, August, 9th, 2022 at the Southold Town Hall, Southold, New York at 7:00 P. M..  Vote Record - Resolution RES-2022-599  Adopted Yes/Aye No/Nay Abstain Absent  Adopted as Amended Sarah E. Nappa     Defeated  Tabled  Greg Doroski     Withdrawn  Brian O. Mealy      Supervisor's Appt Jill Doherty      Tax Receiver's Appt  Rescinded Louisa P. Evans     Town Clerk's Appt  Scott A. Russell     Supt Hgwys Appt  No Action  Lost  2022-559 Tabled 7/5/2022 7:00 PM CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL COZ Shipyard Lane, EM WHEREAS upon review of the zoning in the area as well as the comprehensive plan, the Town Board finds it appropriate to rezone the 18.38 acre parcel located on the east side of Shipyard Lane in East Marion known as 2835 Shipyard Lane, SCTM #1000-38.-07-7.1 from Marine II (M II) to a split zone of 7 acres Resort Residential (RR) and the remainder Residential-80 (R-80); and WHEREAS rezoning of the 18.38 acre subject site as a split zone of 7 acres Resort Residential (RR) and the remainder Residential-80 (R-80) is consistent with the zoning of the adjacent area, and WHEREAS the Town Board of the Town of Southold has considered the change of zone of the parcel known as SCTM #1000-38.-07-7.1, from Marine II (M II) to a split zone of 7 acres Resort Residential (RR) and the remainder Residential-80 (R-80) on its own motion; and The Town Board of the Town of Southold hereby declared itself lead agency for the purposes of SEQRA review for the subject change of zone; and The Town Board of the Town of Southold has received the Southold Town Planning Board and/or Planning Staff’s and the Suffolk County Planning Commission’s reports and recommendations on the proposed rezoning, including a SEQRA and LWRP reports and recommendations; and WHEREAS that pursuant to the requirements of Section 265 of the New York State Town Law and the Code of the Town of Southold, Suffolk County, New York, the Town Board of the Town of Southold held a public hearing on the proposed Local Law entitled “A Local Law to amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of a 18.38 the parcel known as SCTM #1000-38.-07-7.1, from Marine II (M II) to a split zone of 7 acres Resort Residential (RR) and the remainder Residential-80 (R-80)” at which time all persons were given the opportunity to be heard. The property to be rezoned is approximately 18.38 acres, is located on the east side of Shipyard Lane (2835 Shipyard Lane) in East Marion, and WHEREAS the Town Clerk for the Town of Southold was directed to provide notice to the property owner of public hearing pursuant to Town Code section 280-29(F)(2)(a), now therefor be it RESOLVED, that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled “Local Law entitled “A Local Law to amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of a 18.38 the parcel known as SCTM #1000-38.-07-7.1, from Marine II (M II) to a split zone of 7 acres Resort Residential (RR) and the remainder Residential-80 (R-80)” which reads as follows: LOCAL LAW ______ of 2022 Section 1. Purpose. The purpose of this Local Law is to amend the Zoning Map to amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of a 18.38 the parcel known as SCTM #1000-38.-07-7.1, from Marine II (M II) to a split zone of 7 acres Resort Residential (RR) and the remainder Residential-80 (R-80) Section 2. Code Amendment. It appropriate to rezone the 18.38 acre parcel located on the east side of Shipyard Lane in East Marion known as 2835 Shipyard Lane, SCTM #1000-38.-07-7.1 from Marine II (M II) to a split zone of 7 acres Resort Residential (RR) and the remainder Residential-80 (R-80) Section 3. 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. Section 4. Effective Date This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law.  Vote Record - Resolution RES-2022-559 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled  Withdrawn  Greg Doroski      Supervisor's Appt Brian O. Mealy      Tax Receiver's Appt Jill Doherty      Rescinded Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2022-560 Tabled 7/5/2022 7:00 PM CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL COZ Cutchogue Woods WHEREAS the Town Board of the Town of Southold has received the application of Housing Initiatives LLC and Georgica Green Ventures LLC, to rezone the 5.66 acre parcel located on the south side of Middle Road (County Road 48) in Cutchogue known as SCTM #1000-101.-02-7.0 from Agricultural Conservation (AC) to Affordable Housing District (AHD); and WHEREAS, the Local Law is entitled “A Local Law to amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of a 5.66 acre parcel known as SCTM #1000-101.-02-7, from Agricultural Conservation (AC) to Affordable Housing District (AHD)”, and WHEREAS the Town Board of the Town of Southold has considered the application of Housing Initiatives LLC and Georgica Green Ventures LLC, for a change of zone of the parcel known as SCTM #1000-101.-02-7.0 from Agricultural Conservation (AC) to Affordable Housing District (AHD); and The Town Board of the Town of Southold declared itself lead agency for the purposes of SEQRA review for the subject change of zone; and The Town Board of the Town of Southold has received the Southold Town Planning Board and/or Planning Staff’s and the Suffolk County Planning Commission’s reports and recommendations on the proposed rezoning, including a SEQRA and LWRP reports and recommendations; and WHEREAS that pursuant to the requirements of Section 265 of the New York State Town Law and the Code of the Town of Southold, Suffolk County, New York, the Town Board of the Town of Southold held a public hearing on a proposed Local Law entitled “A Local Law to amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of a 5.66 acre parcel known as SCTM #1000-101.-02-7, from Agricultural Conservation (AC) to Affordable Housing District (AHD)” at which time all persons were given an opportunity to be heard. The property to be rezoned is south side of Middle Road (County Road 48) known as SCTM #1000-101.-02-7.0 from Agricultural Conservation (AC) to Affordable Housing District (AHD), in Cutchogue. WHEREAS the Town Clerk for the Town of Southold was directed to provide notice to the property owner of public hearing pursuant to Town Code section 280-29(F)(2)(a), now therefor be it RESOLVED, that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled “Local Law entitled “A Local Law to amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of a 5.66 acre parcel known as SCTM #1000-101.-02-7, from Agricultural Conservation (AC) to Affordable Housing District (AHD)”, which reads as follows: LOCAL LAW ______ of 2022 Section 1. Purpose. The purpose of this Local Law is to amend the Zoning Map to amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of a 5.66 parcel known as SCTM #1000-101.-02-7, from Agricultural Conservation (AC) to Affordable Housing District (AHD). Section 2. Code Amendment. The Town is in need of more Affordable Housing. It appropriate to rezone the 5.66 Changing the Zoning Designation of a 5.66 acre parcel known as SCTM #1000-101.-02-7, from Agricultural Conservation (AC) to Affordable Housing District (AHD. Section 3. 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. Section 4. Effective Date This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law.  Vote Record - Resolution RES-2022-560  Adopted Yes/Aye No/Nay Abstain Absent  Adopted as Amended Sarah E. Nappa      Defeated Tabled Greg Doroski      Withdrawn  Brian O. Mealy     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Rescinded  Louisa P. Evans     Town Clerk's Appt  Scott A. Russell      Supt Hgwys Appt  No Action  Lost 2022-561 Tabled 7/5/2022 7:00 PM CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL Chapter 280 Maximum House Size WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York on the 10th day of May, 2022, a need to determine maximum size and certain development standards of single family homes in certain zoning districts of 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 will be given an opportunity to be heard, RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, “A Local Law in relation to Amendments to Chapter 280,” reads as follows: LOCAL LAW NO. _______2022 The Local Law is entitled, “A Local Law in relation to Amendments to Chapter 280 BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The purpose of this local law is to address issues concerning the maximum size of single-family homes in certain zoning districts consistent with the Southold Town Comprehensive Plan adopted September 8, 2020, the Vision Statement of which calls for future planning within the Town to be consistent with existing community character and a periodic review and amendment of the Town Code to that end. The Town Board because of objectives outlined in the plan, especially Chapter 3 Land Use and Zoning, finds it necessary to draft and adopt new code that establishes standards for the construction and reconstruction of residential dwellings in certain zoning districts. Such standards will establish maximum limits on house size based on lot size and are necessary to maintain the community character of the residential communities as called for in the Comprehensive Plan. II. Chapter 280 of the Code of the Town of Southold is hereby amended to include the underlined words and remove the struck through words as follows: 280-4 Definitions. FLOOR AREA, GROSS (GFA) The cumulative area, in square feet, of all floor levels of every story of all dwellings on a lot, including attached garages, having a clear height of not less than six feet measured from the exterior faces of exterior walls or from the center line of party walls separating two buildings. Interior spaces with a floor-to-ceiling height in excess of fifteen (15) feet shall be counted twice for gross floor area. The cumulative area shall not include roof overhangs less than three (3) feet, unenclosed porches, patios, decks, open terraces; balconies; basements and attics. Accessory buildings or structures shall also be excluded, except any portion thereof which may be converted to habitable space. Such habitable portion shall be included in the Gross Floor Area. GROSS FLOOR AREA See FLOOR AREA, GROSS HEIGHT OF BUILDING The vertical distance measured from the average elevation of the existing natural grade adjacent to the building, before any grade alteration or fill, to the highest point of the roof, parapet or railing. for flat and mansard roofs, and to the mean height between eaves and ridge for other type roofs. SKY PLANE OF LOT The Sky Plane is formed by imaginary lines starting at all property lines parallel or adjacent to the building or structure at ten (10) feet above the average elevation of the natural grade (prior to any grade alteration or fill) and extending inward toward the center of the lot at a 45 degree angle. Article XXXVI Residential Dwelling Size Limits S. 280-207 Maximum gross floor area for residential dwellings in A-C, R-40, R-80, R-120, R-200, and R- 400 Districts. A. Maximum gross floor area (GFA): 1. The gross floor area shall not exceed the permitted square footage calculated as follows: a. Lots containing up to 10,000 square feet of lot area: 2,100 square feet maximum. b. Lots containing up to 20,000 square feet of lot area: 2,100 square feet plus 12.5% of the lot area in excess of 10,000 square feet up to a total of 3,350 square feet maximum. c. Lots containing up to 30,000 square feet of lot area: 3,350 square feet plus 10 % of the lot area in excess of 20,000 square feet up to a total of 4,350 square feet maximum. d. Lots containing up to 40,000 square feet of lot area: 4,350 square feet plus 7.5 % of the lot area in excess of 30,000 square feet up to a total of 5,100 square feet maximum. e. Lots up to 80,000 square feet of lot area: 5,100 square feet plus 5% of the lot area in excess of 40,000 square feet up to a total of 7,100 square feet maximum. f. Lots up to 200,000 square feet of lot area: 7,100 square feet plus 2.5% of the lot area in excess of 80,000 square feet up to a total of 10,100 square feet maximum. g. All Lots in excess of 200,000 square feet of lot area: 10,100 square feet plus 1% of any additional lot area. 2. In determining the maximum permitted gross floor area, the following provisions shall apply: a. “Lot area” shall have the same meaning as the area of a lot or parcel defined as “buildable land” in this Chapter. b. In determining the maximum lot coverage, whether under the gross floor area requirement or the percentage restriction in this Section, the more restrictive requirement or standard shall apply. c. The new construction, re-construction or improvement of any dwelling shall be limited by the standards established by this code, or by variance not to exceed the average GFA of dwellings in the immediate area as determined by the Zoning Board of Appeals. d. Any existing dwelling as of the effective date of this section that exceeds the maximum GFA defined herein shall be deemed non-conforming for the purpose of this chapter. e. The gross floor area restrictions set forth in this section shall not apply to farm labor housing. S. 280-208 Pyramid Law Any building or structure on any lot in the A-C, R-40, R-80, R-120, R-200, and R-400 Zoning Districts must be within the sky plane. 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 after filing with the Secretary of State as provided by law.  Vote Record - Resolution RES-2022-561  Adopted Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled  Withdrawn  Greg Doroski     Supervisor's Appt  Brian O. Mealy      Tax Receiver's Appt Jill Doherty      Rescinded  Town Clerk's Appt Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2022-600 CATEGORY: Refund DEPARTMENT: Zoning Board of Appeals ZBA - the Enclaves Hotel - SEQRA Review Refund from Escrow RESOLVED that the Town Board of the Town of Southold hereby grants a refund of the remainder of Escrow Funds collected from The Enclaves Hotel & Restaurant after compensating the Environmental Consultant for conducting SEQRA Review. Andrew Giambertone, AIA, President. $4,118.17 ZBA #7046 Andrew V. Giambertone & Assoc., Architects The Enclaves Hotel 62 Elm Street Huntington, NY 11743  Vote Record - Resolution RES-2022-600  Adopted  Adopted as Amended Yes/Aye No/Nay Abstain Absent  Defeated Sarah E. Nappa     Tabled  Withdrawn  Greg Doroski     Supervisor's Appt  Brian O. Mealy     Tax Receiver's Appt  Jill Doherty     Rescinded   Town Clerk's Appt Louisa P. Evans      Supt Hgwys Appt Scott A. Russell      No Action Lost  2022-601 CATEGORY: Agreements - Non DEPARTMENT: Town Attorney State Aid Youth Bureau Agreement with the County of Suffolk RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the 2022 State Aid Youth Bureau Agreement with the County of Suffolk, in the amount of $17,464.00, for the term January 1, 2022 through December 31, 2022, subject to the approval of the Town Attorney  Vote Record - Resolution RES-2022-601 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent  Defeated Sarah E. Nappa      Tabled  Withdrawn Greg Doroski     Supervisor's Appt  Brian O. Mealy     Tax Receiver's Appt  Jill Doherty     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell      No Action  Lost 2022-602 CATEGORY: Refund DEPARTMENT: Town Clerk Refund Disposal Permit - Pelan RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund of $15.00 to Annemarie Pelan, 335 Sunset Ave, Mattituck, NY 11952 for a disposal permit that was purchased in error.  Vote Record - Resolution RES-2022-602 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled   Withdrawn Greg Doroski      Supervisor's Appt Brian O. Mealy      Tax Receiver's Appt Jill Doherty     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2022-603 CATEGORY: Budget Modification DEPARTMENT: Accounting 2022 Budget Modification- Highway Financial Impact: Repurpose Ash Tree Removal 2022 capital funding to Highway operating equipment line RESOLVED that the Town Board of the Town of Southold hereby modifies the 2022 Highway Fund Part Town budget as follows: From: DB.9901.9.000.100 Interfund Transfers, Capital Fund $45,000 Total $45,000 To: DB.5130.2.500.300 Machinery, Other Equipment $45,000 Total $45,000  Vote Record - Resolution RES-2022-603 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled   Withdrawn Greg Doroski      Supervisor's Appt Brian O. Mealy     Tax Receiver's Appt  Jill Doherty     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action   Lost 2022-604 CATEGORY: Budget Modification DEPARTMENT: Accounting 2022 Budget Modification- Capital (IT) Financial Impact: Increase budget for Kronos Upgrade WHEREAS the Town Board of the Town of Southold previously approved a 2022 Kronos upgrade capital project, and WHEREAS said project requires additional budget to match actual costs, and WHEREAS the Town’s Capital Budget process requires a resolution to amend Capital Budget items in the Capital Fund, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby amends the Capital Budget as follows: Capital Project Name: Kronos Upgrade Financing Method: Serial Bonds Budget: Revenues: H.5710.81 Serial Bonds, IT Improvements $15,000 Total $15,000 Appropriations: H.1680.2.500.750 Kronos Upgrade $15,000 Total $15,000  Vote Record - Resolution RES-2022-604  Adopted Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled  Withdrawn  Greg Doroski     Supervisor's Appt  Brian O. Mealy      Tax Receiver's Appt Jill Doherty      Rescinded Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2022-605 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint Provisional Case Manager WHEREAS the Suffolk County Department of Civil Service has established that there is no eligible list for Case Manager, and WHEREAS the Town Board of the Town of Southold has determined that the Town should fill the Case Manager position for the Human Resource Center with a provisional appointment, and has received permission from Suffolk County Department of Civil Service to make said provisional appointment, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby appoints Ntozake Renee Hatcher to the position of provisional Case Manager for the Human Resource Center, effective August 11, 2022 at a rate of $56,360.93 per year.  Vote Record - Resolution RES-2022-605  Adopted  Adopted as Amended Yes/Aye No/Nay Abstain Absent  Defeated Sarah E. Nappa     Tabled  Withdrawn  Greg Doroski     Supervisor's Appt  Brian O. Mealy     Tax Receiver's Appt  Jill Doherty     Rescinded   Town Clerk's Appt Louisa P. Evans      Supt Hgwys Appt Scott A. Russell      No Action Lost  2022-606 CATEGORY: Employment - Town DEPARTMENT: Accounting Establish Standard Workday for Retirement Reporting Purposes RESOLVED that the Town Board of the Town of Southold, Location code 30020, hereby establishes the following as standard work days for its employees and will report days worked to the New York State and Local Employees’ Retirement System based on the time keeping system or the record of activities maintained and submitted by these members to the clerk of this body: Standard Work Day Title (Hrs/day) Pump Out Boat Operator 7.00  Vote Record - Resolution RES-2022-606 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled   Withdrawn Greg Doroski      Supervisor's Appt Brian O. Mealy      Tax Receiver's Appt Jill Doherty     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2022-607 CATEGORY: Budget Modification DEPARTMENT: Public Works 2022 Budget Modification- DPW Financial Impact: Unexpected increase in gas prices RESOLVED that the Town Board of the Town of Southold hereby modifies the 2022 General Fund Street Lighting budget as follows: From: A.5182.4.200.250 Street Lighting Power $5,000. Total $5,000. To: A.5182.4.100.200 Gasoline & Oil $5,000. Total $5,000.  Vote Record - Resolution RES-2022-607  Adopted Yes/Aye No/Nay Abstain Absent  Adopted as Amended Sarah E. Nappa     Defeated  Greg Doroski     Tabled  Withdrawn  Brian O. Mealy     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Louisa P. Evans     Rescinded  Town Clerk's Appt  Scott A. Russell     Supt Hgwys Appt   No Action  Lost 2022-608 CATEGORY: Budget Modification DEPARTMENT: Public Works 2022 Budget Modification- DPW Financial Impact: Unexpected increase in gas prices RESOLVED that the Town Board of the Town of Southold hereby modifies the 2022 General Fund Building & Grounds budget as follows: From: A.1620.4.400.300 Dredging Goldsmiths Inlet $15,000. Total $15,000. To: A.1620.4.100.200 Gas & Oil $15,000. Total $15,000.  Vote Record - Resolution RES-2022-608  Adopted Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled  Withdrawn  Greg Doroski     Supervisor's Appt  Brian O. Mealy      Tax Receiver's Appt Jill Doherty      Rescinded  Town Clerk's Appt Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2022-609 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 Mattituck Chamber of Commerce 5/31/2022 250.00 PO Box 1056 Mattituck, NY 11952 New Suffolk Civic Association 4/13/2022 250.00 PO Box 642 New Suffolk , NY 11956 Oysterponds Historical Society 3/18/2022 250.00 PO Box 70 Orient NY 11957 Southold Village Merchants 2/28/2022 250.00 PO Box 1356 Southold NY 11971  Vote Record - Resolution RES-2022-609 Adopted   Adopted as Amended Yes/Aye No/Nay Abstain Absent  Defeated Sarah E. Nappa      Tabled Withdrawn  Greg Doroski     Supervisor's Appt  Brian O. Mealy     Tax Receiver's Appt  Jill Doherty     Rescinded  Town Clerk's Appt  Louisa P. Evans      Supt Hgwys Appt Scott A. Russell      No Action  Lost 2022-610 CATEGORY: Agreements - Non DEPARTMENT: Town Clerk Agreement with Suffolk County Office of the Aging. RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Agreement between the Town of Southold and the Suffolk County Office for the Aging for the Town to receive funding under the AAA Transportation Program, IFMS No. 00000013282 - 001-6806- 4980-95294, not to exceed $6,763.00 for the period April 1, 2022 through December 31, 2022, subject to the approval of the Town Attorney.  Vote Record - Resolution RES-2022-610  Adopted Yes/Aye No/Nay Abstain Absent  Adopted as Amended Sarah E. Nappa     Defeated  Tabled  Greg Doroski     Withdrawn  Brian O. Mealy     Supervisor's Appt  Tax Receiver's Appt  Jill Doherty     Rescinded  Louisa P. Evans      Town Clerk's Appt Scott A. Russell      Supt Hgwys Appt  No Action Lost  2022-611 CATEGORY: Agreements - Non DEPARTMENT: Town Clerk Agreement with Suffolk County Office of the Aging Res Repair Program. RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Agreement between the Town of Southold and the Suffolk County Office for the Aging for community services for the Residential Repair Program for the Elderly for the period April 1, 2022 through December 31, 2022, at no cost to the Town, subject to the approval of the Town Attorney.  Vote Record - Resolution RES-2022-611 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa      Tabled  Withdrawn Greg Doroski      Supervisor's Appt Brian O. Mealy     Tax Receiver's Appt  Jill Doherty     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action   Lost 2022-612 CATEGORY: Public Service DEPARTMENT: Town Clerk Appoint a Temporary Marriage Officer RESOLVED that the Town Board of the Town of Southold hereby appoints Councilman Brian O. Mealy as a Temporary Marriage Officer for the Town of Southold, on August 20, 2022 only, to serve at no compensation.  Vote Record - Resolution RES-2022-612 Adopted  Yes/Aye No/Nay Abstain Absent Adopted as Amended  Sarah E. Nappa     Defeated  Tabled  Greg Doroski     Withdrawn  Brian O. Mealy     Supervisor's Appt  Jill Doherty      Tax Receiver's Appt  Rescinded Louisa P. Evans     Town Clerk's Appt  Scott A. Russell     Supt Hgwys Appt  No Action  Lost  2022-613 CATEGORY: Legal DEPARTMENT: Town Clerk Waiver of 30 Day Notice Period Liquor License 0RESOLVED that the Town Board of the Town of Southold hereby waives the 30 Day notification period for a new application of a liquor license by Baywater Group, Inc. located at Orient State Park Beach, 40000 Main Road, Orient, NY 11957  Vote Record - Resolution RES-2022-613 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa      Tabled  Withdrawn Greg Doroski      Supervisor's Appt Brian O. Mealy     Tax Receiver's Appt  Jill Doherty     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action   Lost 2022-614 CATEGORY: Employment - Town DEPARTMENT: Accounting Retirement Resolution for Elected Officials WHEREAS, the State of New York has set additional reporting requirements in Section 315.4 of the New York Codes, Rules and Regulations which requires all elected and appointed officials whose terms start on or after August 12, 2009, who are members of the New York State and Local Retirement System and who do not participate in their employer’s time keeping system to prepare a log of their work-related activities for three consecutive months and submit their logs to the clerk or secretary of the governing body within 150 days of the start of their term; NOW THEREFORE, BE IT RESOLVED that the Town Board of the Town of Southold hereby establishes the following as standard workdays for elected and appointed officials and will report the following days worked to the New York State and the Local Employees’ Retirement System based on the record of activities maintained and submitted by these officials to the clerk of this body: Title Name Standard Term Begins/ Participates in Days/Month(based on Work Ends Employer’s Record of Activities) Day Time Keeping (Hrs/day) System Trustee Elizabeth Gillooly 6 1/1/22-12/31/25 N 7.93 Trustee Eric Sepenoski 6 1/1/22-12/31/25 N 10.0833 Trustee Elizabeth Peeples 6 1/1/22-12/31/25 N 9.14 Assessor Kevin Webster 7 1/1/22-12/31/25 N 21.79 Assessor Charles Sanders 7 1/1/22-12/31/25 N 22.33 Town Clerk Denis Noncarrow 7 1/1/22-12/31/25 N 25.2857 Town Board Member Louisa Evans 6 1/1/22-12/31/25 N 19 BE IT FURTHER RESOLVED, that said standard is being established to meet the accounting requirements of the New York State Employees Retirement System for calculation of retirement benefits, and BE IT FURTHER RESOLVED, that the Town Clerk be and he hereby is authorized to send a certified copy of this resolution to the New York State Employees Retirement System. I, Denis Noncarrow, Town Clerk of the governing board of the Town of Southold of the State of New York, do hereby certify that I have compared the foregoing with the original resolution passed by such board, at a legally convened st meeting held on the 19 of July 2022 on file as part of the minutes of such meeting, and that the same is a true copy thereof and the whole of such original. I further certify that the full board, consists of six (6) members, and the six (6) of such members were present at such meeting and the six (6) of such members vote in favor of the above resolution. st IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Town of Southold, on this 19 of July 2022 S E A L ____________________________________ Denis Noncarrow Town Clerk Town of Southold  Vote Record - Resolution RES-2022-614 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled  Withdrawn  Greg Doroski      Supervisor's Appt Brian O. Mealy      Tax Receiver's Appt Jill Doherty      Rescinded Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2022-615 CATEGORY: Bond DEPARTMENT: Town Clerk 2022- Bond. Seawall Replacement at Central Avenue, Fishers Island, BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED JULY 19, 2022, AUTHORIZING THE DESIGN AND CONSTRUCTION OF THE SEAWALL REPLACEMENT AT CENTRAL AVENUE, FISHERS ISLAND, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $850,000, APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE, AND AUTHORIZING THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT OF $850,000 TO FINANCE SAID APPROPRIATION THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all the members of said Town Board) AS FOLLOWS: Section 1. The Town of Southold, in the County of Suffolk, New York (herein called the “Town”), is hereby authorized to design and construct the seawall replacement at Central Avenue, Fishers Island. The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $850,000 and said amount is hereby appropriated for such purpose. The plan of financing includes the issuance of bonds in the principal amount of $850,000 to finance said appropriation, and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Section 2. Bonds of the Town in the principal amount of $850,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the “Law”), to finance said appropriation. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness applicable to the object or purpose for which said bonds are authorized to be issued, within the limitations of Section 11.00 a. 22 (b) of the Law, is twenty (20) years. (b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) The proposed maturity of the bonds authorized by this resolution will exceed five (5) years. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 of the Law relative to the authorization of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 and Section 168.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, and as to the execution of agreements for credit enhancements, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of publication of such resolution, or a summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This bond resolution is subject to a permissive referendum and the Town Clerk is hereby authorized and directed, within ten (10) days after the adoption of this resolution, to publish or cause to be published, in full, in the official newspaper of the Town, having a general circulation within said Town, and posted on the sign board of the Town maintained pursuant to the Town Law, a Notice in substantially the following form appearing in Exhibit A hereto. Section 8. The Town Clerk is hereby authorized and directed, after said bond resolution shall take effect, to cause said bond resolution to be published, in summary, in the official newspaper of the Town, having a general circulation within said Town, together with a Notice in substantially the form as provided by Section 81.00 of the Law. EXHIBIT A (Below is the Notice for Publication and Posting) TOWN OF SOUTHOLD, NEW YORK PLEASE TAKE NOTICE that on July 19, 2022, the Town Board of the Town of Southold, in the County of Suffolk, New York, adopted a bond resolution entitled: “Bond Resolution of the Town of Southold, New York, adopted July 19, 2022, authorizing the design and construction of the seawall replacement at Central Avenue, Fishers Island, stating the estimated maximum cost thereof is $850,000, appropriating said amount for such purpose, and authorizing the issuance of bonds in the principal amount of $850,000 to finance said appropriation,” an abstract of which bond resolution concisely stating the purpose and effect thereof, being as follows: FIRST: AUTHORIZING said Town to design and construct the seawall replacement at Central Avenue, Fishers Island; STATING the estimated maximum cost thereof, including preliminary costs, and costs incidental thereto and the financing thereof, is $850,000; APPROPRIATING said amount for such purpose; and STATING the plan of financing includes the issuance of bonds in the principal amount of $850,000 to finance said appropriation, and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon; SECOND: AUTHORIZING the issuance of bonds in the principal amount of $850,000 pursuant to the Local Finance Law of the State of New York to finance said appropriation; THIRD: DETERMINING and STATING that the period of probable usefulness applicable to the object or purpose for which said bonds are authorized to be issued is twenty (20) years; the proceeds of said bonds and any bond anticipation notes issued in anticipation thereof may be applied to reimburse the Town for expenditures made after the effective date of this bond resolution for the purposes for which said bonds are authorized; and the proposed maturity of said bonds will exceed five (5) years; FOURTH: DETERMINING that said bonds and any bond anticipation notes issued in anticipation of said bonds and the renewals of said bond anticipation notes shall be general obligations of the Town; and PLEDGING to their payment the faith and credit of the Town; FIFTH: DELEGATING to the Supervisor the powers and duties as to the issuance of said bonds and any bond anticipation notes issued in anticipation of said bonds, or the renewals thereof; and SIXTH: DETERMINING that the bond resolution is subject to a permissive referendum. DATED: July 19, 2022 Denis Noncarrow Town Clerk  Vote Record - Resolution RES-2022-615 Adopted   Adopted as Amended Yes/Aye No/Nay Abstain Absent  Defeated Sarah E. Nappa      Tabled Withdrawn  Greg Doroski     Supervisor's Appt  Brian O. Mealy     Tax Receiver's Appt  Jill Doherty     Rescinded  Town Clerk's Appt  Louisa P. Evans      Supt Hgwys Appt Scott A. Russell      No Action  Lost 2022-616 CATEGORY: Donations DEPARTMENT: Recreation Accept Flower Donation RESOLVED that the Town Board of the Town of Southold hereby accepts a donation of flowers valued at $167.88 from Trimble's of Corchaug Nursery, Ltd for the Recreation Center.  Vote Record - Resolution RES-2022-616 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled  Withdrawn  Greg Doroski      Supervisor's Appt Brian O. Mealy      Tax Receiver's Appt Jill Doherty      Rescinded Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2022-617 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Approve Resolution Number 2022-114 RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves Resolution Number 2022-114 of the Fishers Island Ferry District adopted July 11, 2022 which reads as follows: WHEREAS Donald Adams has resigned from his position as Deckhand (FIFD) with the Fishers Island Ferry District effective Friday July 1, 2022; THEREFORE, IT IS RESOLVED that the Board of Commissioners accepts the resignation of Mr. Adams with effect July 1, 2022. Mr. Adams has no paid time off accruals and no further payments are due to him.  Vote Record - Resolution RES-2022-617 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent  Defeated Sarah E. Nappa      Tabled  Withdrawn Greg Doroski     Supervisor's Appt  Brian O. Mealy     Tax Receiver's Appt  Jill Doherty     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell      No Action  Lost 2022-618 CATEGORY: Ratify Fishers Island Reso. DEPARTMENT: Town Clerk FIFD 6/27/22 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 July 11, 2022 meetings, as follows: FIFD Resolution# Regarding 2022 ? 113 Budget Modification 2022 - 115 HHC Softball transport 2022 - 116 Silver Eel engine repair 2022 ? 117 Settlement  Vote Record - Resolution RES-2022-618 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa      Tabled  Withdrawn Greg Doroski     Supervisor's Appt  Brian O. Mealy     Tax Receiver's Appt  Jill Doherty     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell      No Action  Lost 2022-619 CATEGORY: Employment - Town DEPARTMENT: Accounting Amend Resolution 2022-392 RESOLVED that the Town Board of the Town of Southold hereby amends Resolution Number 2022-392 to read as follows: RESOLVED that the Town Board of the Town of Southold hereby appoints the below individuals to the position of Traffic Control Officer for the Southold Town Police Department, effective May 16, 2022 through September 18, 2022 at a rate of $18.27 per hour: Nicholas Eckhardt Thomas Cooper John Locke Jonathan Blanchard Jaime Gaffga Stephen Nyilas Luis Herrera  Vote Record - Resolution RES-2022-619 Adopted  Yes/Aye No/Nay Abstain Absent Adopted as Amended  Defeated  Sarah E. Nappa     Tabled  Greg Doroski      Withdrawn Brian O. Mealy      Supervisor's Appt  Tax Receiver's Appt Jill Doherty     Rescinded  Louisa P. Evans     Town Clerk's Appt  Scott A. Russell     Supt Hgwys Appt  No Action  Lost  2022-620 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint Shawn A. Diming FT Custodial Worker I RESOLVED that the Town Board of the Town of Southold hereby appoints Shawn A. Diming to the position of a full-time Custodial Worker I for the Department of Public Works, effective July 25, 2022 at a rate of $44,121.51 per year.  Vote Record - Resolution RES-2022-620 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa      Tabled  Withdrawn Greg Doroski      Supervisor's Appt Brian O. Mealy     Tax Receiver's Appt  Jill Doherty     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action   Lost 2022-621 CATEGORY: Authorize to Bid DEPARTMENT: Engineering Advertise for Architectural & Engineering Services for a New Town Court and Police Headquarters RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for Architectural & Engineering Services in connection with the construction of a new Town Court and a new Town Police Headquarters, specifications to be provided by Town Engineer.  Vote Record - Resolution RES-2022-621 Adopted  Yes/Aye No/Nay Abstain Absent Adopted as Amended  Sarah E. Nappa      Defeated  Tabled Greg Doroski     Withdrawn  Brian O. Mealy     Supervisor's Appt  Tax Receiver's Appt  Jill Doherty     Rescinded  Louisa P. Evans      Town Clerk's Appt Scott A. Russell      Supt Hgwys Appt  No Action Lost  2022-622 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District 2022 Budget Modification: SWMD Financial Impact: Shifts funds from paper recycling, available due to lower market costs, to replenish diesel fuel appropriations. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2022 Solid Waste Management District budget as follows: From: SR 8160.4.400.824 Clean Paper Recycle Fees $12,000 Total $12,000 To: SR 8160.4.100.200 Diesel Fuel $12,000 Total $12,000  Vote Record - Resolution RES-2022-622 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled   Withdrawn Greg Doroski      Supervisor's Appt Brian O. Mealy      Tax Receiver's Appt Jill Doherty     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2022-623 CATEGORY: Budget Modification DEPARTMENT: Police Dept 2022 Budget Modification-Police Department Financial Impact: Reallocation of budgetary funds torelieve negative encumbrances RESOLVED that the Town Board of the Town of Southold hereby modifies the 2022 General Fund Whole Town budget as follows: From: A.3120.1.200.100 Police/PT Employees/Regular Earnings $250 A.3120.4.600.200 Police/Training $1,700 Total $1,950 To: A.3120.4.500.200 Police/Interpreter Service $250 A.3120.4.600.300 Police/Travel Reimbursement $400 A.3157.4.600.200 JAB/Training $1,300 Total $1,950  Vote Record - Resolution RES-2022-623  Adopted  Adopted as Amended Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled  Withdrawn  Greg Doroski     Supervisor's Appt  Brian O. Mealy     Tax Receiver's Appt  Jill Doherty     Rescinded   Town Clerk's Appt Louisa P. Evans      Supt Hgwys Appt Scott A. Russell     No Action  Lost  2022-624 CATEGORY: Bid Acceptance DEPARTMENT: Engineering 2022 Equipment and Services Bid Acceptance Financial Impact: Does not directly affect any specific budget RESOLVED that the Town Board of the Town of Southold hereby accepts the bid to supply the town with construction equipment and services in connection with dredging and other services within the Town of Southold, Suffolk County, New York as follows, all in accordance with the Town Attorney; and be it further RESOLVED that the Town Board authorizes and directs Supervisor Russell to execute the appropriate contract documents to implement the agreement for these services, as prepared by the Town Attorney. Latham Sand and Gravel: UNIT BID PRICE ITEM DESCRIPTION WITH UNIT BID PRICE WRITTEN IN WORDS ITEM # # 2 FURNISHING TOW BOAT 1 DAY @ ONE THOUSAND FOUR HUNDRED $2,120.00 SEVENTY FIVE DOLLARS PER DAY (8 HOURS) _______________ PER DAY # 4 FURNISHING TRACK LOADER WITH BUCKET - 9,000 LBS. 1 DAY @ ONE $1,640.00 THOUSAND TWO HUNDRED NINETY DOLLARS PER DAY (8 HOURS) _______________ PER DAY # 7 FURNISHING FRONT END WHEEL LOADER WITH 4 C.Y. CAPACITY BUCKET 1 $1,960.00 DAY @ ONE THOUSAND FIVE HUNDRED FORTY DOLLARS _______________ PER DAY (8 HOURS) PER DAY # 8 FURNISHING EXCAVATOR WITH 1- 1/2 C.Y. CAPACITY BUCKET 1 DAY @ $1,960.00 ONE THOUSAND FIVE HUNDRED NINETY DOLLARS PER DAY (8 HOURS) _______________ PER DAY # 11 FURNISHING CRAWLER MOUNTED FRONT END LOADER WITH 2 C.Y. CAPACITY $1,880.00 BUCKET 1 DAY @ ONE THOUSAND FOUR HUNDRED FORTY DOLLARS _______________ PER DAY (8 HOURS) PER DAY # 15 FURNISHING OFF-ROAD ARTICULATED DUMP TRUCK - 1 DAY @ TWO $2,880.00 THOUSAND THREE HUNDRED NINETY DOLLARS PER DAY (8 HOURS) _______________ PER DAY Chesterfield Associates: UNIT BID PRICE ITEM DESCRIPTION WITH UNIT BID PRICE WRITTEN IN WORDS ITEM # # 1 FURNISHING BARGE MOUNTED 15 TON CRANE WITH 5/8 C.Y. CAPACITY $2,815.00 DRAGLINE BUCKET OR 5/8 C.Y. CAPACITY CLAMSHELL BUCKET 1 DAY @ _______________ THREE THOUSAND TWO HUNDRED SEVENTY FIVE DOLLARS PER PER DAY DAY (8 HOURS) # 10 FURNISHING LONG REACH EXCAVATOR 1 DAY @ TWO THOUSAND NINE $2,610.00 HUNDRED FIFTY DOLLARS PER DAY (8 HOURS) _______________ PER DAY # 12 FURNISHING CRAWLER MOUNTED FRONT END LOADER WITH 3 C.Y. CAPACITY $2,440.00 BUCKET 1 DAY @ TWO THOUSAND TWO HUNDRED FIFTY DOLLARS _______________ PER DAY (8 HOURS) PER DAY D.F. Stone Contracting, Ltd.: UNIT BID PRICE ITEM DESCRIPTION WITH UNIT BID PRICE WRITTEN IN WORDS ITEM # # 5 FURNISHING DOZER WITH BLADE - 13,000 LBS. 1 DAY @ ONE THOUSAND $2,000.00 FIVE HUNDRED FIFTY DOLLARS PER DAY (8 HOURS) _______________ PER DAY # 13 FURNISHING FRONT END WHEEL LOADER WITH 6 C.Y. CAPACITY BUCKET 1 $2,400.00 DAY @ TWO THOUSAND SIX HUNDRED DOLLARS PER DAY (8 HOURS) _______________ PER DAY # 14 FURNISHING 10 WHEEL DUMP TRUCK 1 DAY @ ONE THOUSAND ONE $1,450.00 HUNDRED NINETY DOLLARS PER DAY (8 HOURS) (NOTE: _______________ THERE IS NO MOBILIZATION OR DEMOBILIZATION FOR THIS ITEM) PER DAY Melrose Contracting Corp.: UNIT BID PRICE ITEM DESCRIPTION WITH UNIT BID PRICE WRITTEN IN WORDS ITEM # # 3 FURNISHING 15 TON CRAWLER CRANE WITH 5/8 C.Y. CAPACITY DRAGLINE $1,949.50 BUCKET OR 5/8 C.Y. CAPACITY CLAMSHELL BUCKET 1 DAY @ ONE _______________ THOUSAND SEVEN HUNDRED FORTY DOLLARS PER DAY (8 PER DAY HOURS) # 6 FURNISHING FRONT END WHEEL LOADER WITH 2- 1/2 C.Y. CAPACITY BUCKET $1,812.36 1 DAY @ ONE THOUSAND THREE HUNDRED FORTY DOLLARS _______________ PER DAY (8 HOURS) PER DAY # 9 FURNISHING 20 TON CRAWLER CRANE WITH 3/4 C.Y. CAPACITY DRAGLINE $2,369.50 BUCKET OR 3/4 C.Y. CAPACITY CLAMSHELL BUCKET 1 DAY @ TWO _______________ THOUSAND ONE HUNDRED FORTY DOLLARS PER DAY (8 HOURS) PER DAY  Vote Record - Resolution RES-2022-624 Adopted  Yes/Aye No/Nay Abstain Absent Adopted as Amended  Sarah E. Nappa     Defeated  Tabled  Greg Doroski     Withdrawn  Brian O. Mealy      Supervisor's Appt Jill Doherty      Tax Receiver's Appt  Rescinded Louisa P. Evans     Town Clerk's Appt  Scott A. Russell     Supt Hgwys Appt  No Action  Lost  2022-625 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Engineering Award Drainage Surveying to L.K. McLean Associates, P.C. Financial Impact: H.8540.2.100.150 RESOLVED that the Town Board of the Town of Southold hereby accepts the proposals of L.K. McLean Associates, P.C. dated July 7, 2022 and July 8, 2022 in the total amount of $13,125.00 for surveying work in support of drainage projects; and be it further RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Agreement between the Town of Southold and L.K. McLean Associates, P.C. in the total amount of $13,125.00, subject to the approval of the Town Attorney.  Vote Record - Resolution RES-2022-625  Adopted  Adopted as Amended Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled  Withdrawn  Greg Doroski     Supervisor's Appt  Brian O. Mealy     Tax Receiver's Appt  Jill Doherty      Rescinded  Town Clerk's Appt Louisa P. Evans      Supt Hgwys Appt Scott A. Russell     No Action  Lost  2022-626 CATEGORY: Coastal Erosion DEPARTMENT: Town Clerk Set Public Hearing. Coastal Erosion Apeal. Didriksen. RESOLVED the Town Board of the Town of Southold hereby sets Tuesday, August 23, 2022 at 9:01 A.M. at the Southold Town Meeting Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing upon the Coastal Erosion Hazard Board of Review Appeal of Dana Didriksen, which seeks relief from Section 111-4 and 111-6(3) of the Town Code to allow construction of a permanent, non-movable wood timber pier of greater than 200 square feet in Fishers Island Sound area in a Coastal Erosion Hazard Area located on property on parcel SCTM# 1000-2-1-6, 6180 Clay Point Road, Fishers Island, New York, and directs the Town Clerk to publish notice of such appeal in the Suffolk Times newspaper not less than ten (10) days nor more than thirty (30) days prior to such hearing and to notify the applicant by first class mail.  Vote Record - Resolution RES-2022-626 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent  Defeated Sarah E. Nappa      Tabled  Withdrawn Greg Doroski     Supervisor's Appt  Brian O. Mealy     Tax Receiver's Appt  Jill Doherty     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell      No Action  Lost 2022-627 CATEGORY: Attend Seminar DEPARTMENT: Town Clerk 2022 Training Planning RESOLVED that the Town Board of the Town of Southold hereby grants permission to Heather Lanza, Planning Director, Mark Terry, Assistant Planning Director, Brian Cummings, Planner, Mara Cerezo, Planner Trainee, and Jessica Michaelis, Senior Office Assistant, to attend off-site training at the Community Room, Mattituck Park District, 11280 Great Peconic Bay Blvd. Mattituck, on August 11, 2022. There are no expenses associated with this training.  Vote Record - Resolution RES-2022-627  Adopted  Adopted as Amended Yes/Aye No/Nay Abstain Absent  Defeated Sarah E. Nappa     Tabled  Withdrawn  Greg Doroski     Supervisor's Appt  Brian O. Mealy     Tax Receiver's Appt  Jill Doherty     Rescinded   Town Clerk's Appt Louisa P. Evans      Supt Hgwys Appt Scott A. Russell      No Action Lost  2022-628 CATEGORY: Grants DEPARTMENT: Planning Board Planning Grant Application RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Planning Department to apply for a grant in connection with implementing the Town’s Comprehensive Plan and Local Waterfront Revitalization Program, under the New York State Environmental Protection Fund, Local Waterfront Revitalization Program, and the New York State Consolidated Funding Application.  Vote Record - Resolution RES-2022-628 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent  Defeated Sarah E. Nappa      Tabled  Withdrawn Greg Doroski     Supervisor's Appt  Brian O. Mealy     Tax Receiver's Appt  Jill Doherty     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell      No Action  Lost 2022-629 CATEGORY: Budget Modification DEPARTMENT: Accounting 2022 Budget Modification- Capital Financial Impact: Establish budget for Courthouse and PD Headquarters projects initial costs WHEREAS the Town Board of the Town of Southold intends to construct a new courthouse and police headquarters, WHEREAS the Town Board of the Town of Southold wishes to begin the design phase of the projects, WHEREAS the Town’s Capital Budget process requires a resolution to formally authorize and establish Capital Budget items in the Capital Fund, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby authorizes the establishment of the following Capital Projects and amends the Capital Budget as follows: Capital Project Name: Construct Courthouse Financing Method: Serial Bonds Capital Budget: Revenues: H.5710.05 Serial Bond Proceeds, Building Design/Construction $350,000 Total $350,000 Appropriations: H.1620.2.500.125 Buildings and Grounds, Capital Outlay, Courthouse Constr $350,000 Total $350,000 Capital Project Name: Construct Police Headquarters Financing Method: Serial Bonds Capital Budget: Revenues: H.5710.05 Serial Bond Proceeds, Building Design/Construction $650,000 Total $650,000 Appropriations: H.1620.2.500.725 Buildings and Grounds, Capital Outlay, Police Headqtra $650,000 Total $650,000  Vote Record - Resolution RES-2022-629 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled  Withdrawn  Greg Doroski     Supervisor's Appt  Brian O. Mealy      Tax Receiver's Appt Jill Doherty      Rescinded Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2022-630 CATEGORY: Budget Modification DEPARTMENT: Accounting 2022 Budget Modification- Highway (CHIPS) Financial Impact: Increase budget for DOT pothole program per award letter RESOLVED that the Town Board of the Town of Southold hereby modifies the 2022 Highway Fund Part Town budget as follows: Increase Revenues: DB.3589.20 NYS DOT POP Revenue $6,000 Total $ 6,000 Increase Appropriations: DB.5112.2.400.909 Pave Our Potholes Initiative $6,000 Total $ 6,000  Vote Record - Resolution RES-2022-630 Adopted  Yes/Aye No/Nay Abstain Absent  Adopted as Amended Sarah E. Nappa      Defeated Greg Doroski      Tabled Withdrawn  Brian O. Mealy     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Louisa P. Evans     Rescinded  Town Clerk's Appt  Scott A. Russell     Supt Hgwys Appt   No Action  Lost 2022-631 CATEGORY: Bid Acceptance DEPARTMENT: Solid Waste Management District Recyclable Materials Hauling and Processing Services Financial Impact: Secures competitive pricing for up to two years for the removal and processing of recyclables from the Cutchogue Transfer Station. RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Mattituck Environmental Services, Inc. to supply the Town with services for the removal and processing of paper and comingled recyclables from the Cutchogue Transfer Station at the prices submitted in their bid of June 30, 2022 in response to the solicitation submitted by the Solid Waste Management District for such services, all in accordance with the Town Attorney.  Vote Record - Resolution RES-2022-631 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent  Defeated Sarah E. Nappa      Tabled  Withdrawn Greg Doroski     Supervisor's Appt  Brian O. Mealy     Tax Receiver's Appt  Jill Doherty     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell      No Action  Lost 2022-632 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Agricultural Advisory Committee Chair RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Tom Stevenson, as chairman only for the Agricultural Advisory Committee, effective immediately and be it further RESOLVED that the Town Board of the Town of Southold hereby appoints Anthony Sannino as chairman of the Agricultural Advisory Committee, effective immediately.  Vote Record - Resolution RES-2022-632  Adopted Yes/Aye No/Nay Abstain Absent  Adopted as Amended Sarah E. Nappa      Defeated Greg Doroski     Tabled  Withdrawn  Brian O. Mealy     Supervisor's Appt  Jill Doherty      Tax Receiver's Appt Louisa P. Evans      Rescinded  Town Clerk's Appt Scott A. Russell     Supt Hgwys Appt  No Action  Lost  2022-633 CATEGORY: Grants DEPARTMENT: Town Attorney Grant Application - Southold Historical Museum WHEREAS, the Southold Historical Society dba Southold Historical Museum is applying to the New York State Office of Parks, Recreation and Historic Preservation (OPRHP) for a grant under Title 9 of the Environmental Protection Act of 1993 for a park project to be located at the Maple Lane Complex at Maple Lane and Main Road, 55200 Main Road (NYS Route 25), Southold New York 11971, a site located within the territorial jurisdiction of the Town Board; and WHEREAS, as a requirement under the rules of this program, said not-for-profit corporation must obtain the “approval/endorsement of the governing body of the municipality in which the project will be located”; now therefor be it RESOLVED that the Town Board of Southold hereby does approve and endorse the application of Southold Historical Museum for a grant under Title 9 of the Environmental Protection Act of 1993 for a park project known as Open Access to Southold Rediscovered - Open Access to the History of New York and located within this community.  Vote Record - Resolution RES-2022-633 Adopted   Adopted as Amended Yes/Aye No/Nay Abstain Absent  Defeated Sarah E. Nappa     Tabled  Withdrawn  Greg Doroski     Supervisor's Appt  Brian O. Mealy     Tax Receiver's Appt  Jill Doherty     Rescinded   Town Clerk's Appt Louisa P. Evans      Supt Hgwys Appt Scott A. Russell      No Action Lost  2022-634 CATEGORY: Advertise DEPARTMENT: Town Clerk Advertise for Land Preservation Coordinator RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk's office to advertise for the position of Land Preservation Coordinator.  Vote Record - Resolution RES-2022-634 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent  Defeated Sarah E. Nappa      Tabled  Withdrawn Greg Doroski     Supervisor's Appt  Brian O. Mealy     Tax Receiver's Appt  Jill Doherty     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell      No Action  Lost 2022-635 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Clerk PH 8/2 9:00 Am - Chapter 17 WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, th on the 19 day of July, 2022, a Local Law entitled “A Local Law Amending Chapter 17 (Community Preservation Fund) in Relation to Creating a Community Housing Fund to be Funded by a 0.5% Supplemental Real Estate Transfer Tax” now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby declares itself lead agency for the purposes of SEQRA review for the subject change of Code; and be it further RESOLVED that the Town Board of the Town of Southold has requested the Planning Board and/or Planning Staff to prepare a report and recommendations on the proposed code change, including a SEQRA and LWRP reports and recommendations; and it is further RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 2nd day of August, 2022 at 9:00 a.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law “Amending Chapter 17 (Community Preservation Fund) in Relation to Creating a Community Housing Fund to be Funded by a 0.5% Supplemental Real Estate Transfer Tax” reads as follows: LOCAL LAW NO. ____ OF 2022 BE IT ENACTED by the Town Board of the Town of Southold as follows: Section 1. Legislative Intent. The Town Board of the Town of Southold hereby finds that an adequate supply of housing opportunities for all residents of the Town of Southold is critical to the future and sustainability of the Town. The adverse impact resulting from the lack of housing opportunities is severe. Local employers have difficulty hiring and retaining employees because of housing costs and availability. Local volunteer emergency services agencies experience difficulty in recruitment and retention. Long-time residents are forced to leave the area. Traffic congestion is intensified by the importation of labor from areas with lower housing costs. Finally, the lack of housing opportunities is resulting in residents being forced to live in substandard, illegal conditions. The unique demographics and economics in the Town of Southold and a lack of affordable dwelling units are contributing to this housing shortage. The combination of the Town of Southold's attractiveness, proximity to the dense population of the New York metropolitan region and to that region's extraordinary wealth, makes the Town of Southold a prime location for seasonal and luxury homes. While this combination of extraordinary attractiveness, population density, and wealth has created a strong local economy for the Town, it has resulted in a housing crisis for local families. The demand for seasonal homes has driven up housing costs for primary residences for local families. The unique demographics and economics in the Town of Southold that have historically contributed to the housing shortage have only been exacerbated by the COVID- 19 pandemic. The pandemic has resulted in a flight of residents from urban areas such as New York City to the Town of Southold. The demand for housing in the Town is currently at an all-time high. This increased demand has further driven up housing costs and has reduced the supply of housing units available for the local workforce. The increased demand for affordable housing opportunities resulting from the pandemic makes the need for increased community housing more acute. In summary, the demand of land for luxury and seasonal homes and seasonal rentals has left a short supply of housing opportunities for middle income and working class local residents. The pandemic has only exacerbated this problem. The Town of Southold requires a balanced housing policy where there exists a variety of housing types and opportunities across the region's economic spectrum. It is the public purpose of this local law to implement the authority given to the Town of Southold to establish a dedicated fund to provide needed housing opportunities as authorized by Chapter 445 of the Laws of 2021 entitled "AN ACT to amend the town law and the tax law, in relation to authorizing towns in the Peconic Bay region to establish community housing funds to be funded by a supplemental real estate transfer tax." Said fund would be financed by a 0.5% supplemental real estate transfer tax, which would be in addition to the existing 2% real estate transfer tax for the Community Preservation Fund. The supplemental real estate transfer tax is subject to a mandatory referendum. Section 2. Amendment. The title of Chapter 17 of the Southold Town Code is hereby amended from "Community Preservation Fund" to "Community Preservation Fund and Community Housing Fund" as follows: Chapter 17. Community Preservation Fund and Community Housing Fund Section 3. Amendment. Chapter 17 (Community Preservation Fund and Community Housing Fund) of the Southold Town Code is amended by adding to Article I entitled "Southold Community Preservation Fund" to read as follows: Section 17-4. Definitions. As used in this article, the following words and terms shall have the following meanings: COMMUNITY HOUSING A primary residential property for an eligible individual that does not exceed one hundred fifty percent of the purchase price limits established by the State of New York Mortgage Agency low interest rate loan program in non-target categories for Suffolk County in effect on the contract date for the sale of such property. BOARD The advisory board created pursuant to section 17-45 of this article. FUND The community housing fund established pursuant to section 17-51 of this article. FIRST-TIME HOMEBUYER An eligible individual who has not owned a primary residential property and is not married to a person who has owned a residential property during the three-year period prior to his or her purchase of the primary residential property. and who does not own a vacation or investment home. PRIMARY RESIDENTIAL PROPERTY Any one or two family house. townhouse. or condominium. ELIGIBLE INDIVIDUAL A household with an income that does not exceed one hundred percent of the income limits as established by the State of New York Mortgage Agency low interest rate loan program in non-target categories for Suffolk County in effect on the contract date for the sale of such property. Section 4. Amendment. Section 17-21 (Imposition of tax; use of tax; applicability) of Article IV (Two Percent Real Estate Transfer Tax) of Chapter 17 (Community Preservation Fund and Community Housing Fund) of the Southold Town Code is amended by striking the words ‘Two Percent’ from the title, re-lettering the existing paragraph as paragraph A and adding a new paragraph B to read as follows: Section 17-21. Imposition of tax; use of tax; applicability. A,_ There is hereby imposed in the Town of Southold a tax on each conveyance of real property or interest therein where the consideration exceeds $500, the rate of such tax to be 2% of the consideration for such conveyance. Revenues from such tax shall be deposited in the Southold Community Preservation Fund established by Article <https://ecode360.com/5156899> of this chapter and may be used solely for the purposes of said fund. Such tax shall apply to any conveyance occurring on or after March 1, 1999, but shall not apply to conveyances made on or after such date pursuant to binding written contracts entered into prior to such date, provided that the date of execution of such contract is confirmed by independent evidence such as the recording of the contract, payment of a deposit or other facts and circumstances as determined by the County Treasurer. B. In addition to the tax imposed by paragraph A of this section, there is hereby imposed on each conveyance of real property or interest . therein where the consideration exceeds five hundred dollars, at the rate of 0.5% of the consideration for such conveyance. Revenues from such supplemental tax shall be deposited in the Town Community Housing Fund established by Article VII of this chapter and may be used solely for the purposes of such fund. Such tax shall apply to any conveyance occurring on or after April 1, 2023, but shall not apply to conveyances made on or after such date pursuant to binding written contracts entered into prior to such date, provided that the date of execution of such contract is confirmed by independent evidence such as the recording of the contract, payment of a deposit or other facts and circumstances as determined by the County Treasurer. Any tax imposed pursuant to this subdivision shall be administered and collected in a like manner as the tax imposed by paragraph A of this section. Section 5. Amendment. Chapter 17 (Community Preservation Fund and Community Housing Fund) of the Southold Town Code is amended by adding a new Article VI entitled "Establishment of Community Housing Fund" to read as follows: Article VI. Establishment of Community Housing Fund Section 17-47. Fund Established. A. The Town of Southold Community Housing Fund is hereby established pursuant to the provisions of Section 64-k (2) of the State Town Law. B. Deposits into the fund shall include (i) all revenues from the supplemental real estate transfer tax authorized by subdivision two of section fourteen hundred forty-nine-bb of the tax law. (ii) all proceeds from any indebtedness or obligations issued pursuant to the local finance law for community housing opportunity purposes as authorized in subdivision three of Section 64-k of the Town Law. (iii) any proceeds received by the Town from the sale or rental of community housing produced from revenues of the fund; and (iv) the repayment of any loans issued from proceeds of the fund. C. Deposits into the fund may also include (i) general fund balances or surpluses. (ii) any gifts of interests in land or funds: and (iii) any state or federal grants received by the Town for providing affordable homes. Section 17-48. Purposes of the Fund. Purposes of the fund. The proceeds of the fund established pursuant to subdivision two of this section shall be utilized for the following purposes: A. The provision of financial assistance to first-time homebuyers who are residents of the Town for the purchase of a first home. Such financial assistance may be in the form of a grant or a loan. 1. Financial assistance may be provided for the purchase of a first home to a first time homebuyer who is a resident of the Town or who is employed in the Town. A, resident of the Town shall include a person who is currently a resident of the Town or a non-resident who has been a resident within the past five years. 2. Such financial assistance shall not exceed fifty percent (50%) of the purchase price of the home. 3. If such financial assistance is in the form of a loan. such loan shall be repayable to the Town pursuant to the terms agreed to between the recipient and the Town. provided that any loan shall be fully repaid by the recipient upon the resale of the home. 4. For the purposes of calculating Town tax liability for such property, only, the dollar amount of any financial assistance for the purchase of a first home made by the Town pursuant to this section shall be subtracted from the full equalized assessed value of such property. 5. All revenues received by the Town from the repayment of a loan shall be deposited in the fund. 6. A Town may provide financial assistance for community housing in conjunction with a public/private partnership for employer assisted housing. B. The actual production of community housing for sale to eligible individuals by the Town. C. The actual production of community housing for sale to eligible individuals in conjunction with a public/private partnership, where the private partner agrees to comply with the profit guidelines of the New York State Affordable Housing Corporation and the provisions of this section. D. The actual production and maintenance of community housing for rental to eligible individuals either by the Town or the Town Housing Authority; or in conjunction with a public/private partnership, where the private partner agrees to comply with the profit guidelines of the New York State Affordable Housing Corporation and the provisions of this section. E. The rehabilitation of existing buildings and structures in the Town for the purpose of conversion to community housing for sale or rental to eligible individuals. F. The acquisition of interests in real property in existing housing units, which will result in the production of community housing for sale or rental to eligible individuals. G. The provision of housing counseling services by not-for-profit corporations who are authorized by the United States department of housing and urban development to provide such services. Section 17-49. Management of the Fund. Interest accrued by monies deposited into the fund shall be credited to the fund. In no event shall monies deposited into the fund be transferred to any other account. Nothing contained in this section shall be construed to prevent the financing in whole or in part. pursuant to the state local finance law, of any purpose authorized pursuant to this section. Monies from the fund may be utilized to repay indebtedness or obligations incurred pursuant to the state local finance law consistent with effectuating the purposes of this article. Section 17-50. Eligible Expenses. For the purposes of this article. eligible expenses relating to the production of community housing and the rehabilitation of existing buildings and structures under the fund shall include but not be limited to land acquisition, planning. engineering, construction costs, and other hard and soft costs directly related to the construction. rehabilitation. purchase or rental of housing pursuant to this section. All revenues received by the Town from the sale or rental of community homes or the repayment of loans shall be deposited in the fund. Section 17-51. Advisory Board. An advisory board is hereby created to review and make recommendations regarding the Town's community housing plan required by Section 17-52 of this article. Such board shall consist of not less than seven nor more than fifteen legal residents of the Town who shall serve without compensation. No member of the Town Board shall serve on the advisory board. The board shall include a representative of: (a) the construction industry: (b) the real estate industry; (c) the banking industry; (d) three representatives of local housing advocacy or human services organizations: and (e) at least one resident from a participating village. The advisory board shall act in an advisory capacity to the Town Board. Section 17-52. Community Housing Plan. A. Before· the Town Board may expend any funds pursuant to this section. The Town Board shall first adopt a Town Community Housing Plan which establishes an implementation plan for the provision of community housing opportunities by the fund. Said plan shall be adopted by local law. Such plan shall adhere to the following smart growth principles: (1) Public investment. To account for and minimize social. economic, and environmental costs of new development. including infrastructure costs such as transportation, sewers, and wastewater treatment, water, schools, recreation, and loss of open space and agricultural land. (2) Development. To encourage development in areas where transportation, water, and sewage infrastructure are available or practical. (3) Conservation. To protect, preserve, and enhance the state's resources. Including agricultural land, forests, surface waters, groundwater, recreation and open space, scenic areas, and significant historic and archeological sites. (4) Coordination. To promote coordination of state and local government decisions and cooperation among communities to work toward the most efficient, planned and cost-effective delivery of government services by, among other means, facilitating cooperative agreements among adjacent communities, and to coordinate planning to ensure compatibility of one's community development with development of neighboring communities. (5) Community design. To strengthen communities through development and redevelopment strategies that include integration of all income and age groups, mixed land uses, and compact development, traditional neighborhood development, planned unit development, open space districts, downtown revitalization, brownfield redevelopment, enhanced beauty in public spaces, and diverse and community housing in close proximity to places of employment, recreation, and commercial development. (6) Transportation. To provide transportation choices, including increasing public transit and alternative modes of transportation, in order to reduce automobile dependency, traffic congestion, and automobile pollution. (7) Consistency. To ensure predictability in building and land use codes. (8) Community collaboration. To provide for and encourage local governments to develop, through a collaborative community based effort, smart growth plans that include long term land use and permit predictability and coordination, efficient decision making and planning implementation. B. Such plan may include the establishment of a map or maps that delineate the housing implementation recommendations proposed by the Town. Such plan shall be updated at least once every five years. The Town housing plan shall be an element of the Town's Comprehensive Plan. Such plan shall ensure that all community housing created pursuant to this section remains affordable. Subsequent purchasers of such community housing shall have at the time of purchase, pursuant to the definition "eligible individual", an income that does not exceed one hundred percent of the income limits as established by the State of New York Mortgage Agency low interest rate loan program in non-target categories for Suffolk County. Such plan shall provide for the equitable distribution of community housing opportunities among all the communities of the Town. The plan shall ensure that no community has an undue concentration of community housing opportunities that would substantially alter the character of the community. In determining equitable distribution of community housing opportunities, existing community housing opportunities in a community shall be considered. Section 17-53. Village Participation. A. The participation of any Village in the production of community housing authorized by this section shall be at the option of the Village. In order to participate, a Village shall pass a resolution opting into the program and shall submit said resolution to the Town Board. B. Where a Village opts to participate pursuant to this section, an intergovernmental agreement shall be executed pursuant to Article 5-G of the General Municipal Law or other applicable legal authority, in order to establish the rights and responsibilities of each local government regarding community housing opportunities. C. Regardless of whether a Village participates in the program authorized by this article, properties in the Village shall be subject to the supplemental real estate transfer tax authorized by subdivision two of section fourteen hundred forty-nine-bb of the tax law and section 17-21 B of this chapter. Section 6. Local Law Subject to Mandatory Referendum. Pursuant to §1449-bb of the New York Tax Law and §23 of the Municipal Home Rule Law, this Local Law is subject to approval by the electors of the Town of Southold at a mandatory referendum to be held at the November 8, 2022 general election. Section 7. Ballot Proposition. The following proposition shall be placed before the electors of the Town of Southold at the November 8, 2022, general election: SHALL A LOCAL LAW AMENDING CHAPTER 17 OF THE SOUTHOLD TOWN CODE TO FUND AFFORDABLE HOUSING OPPORTUNITIES IN THE TOWN BY ESTABLISHING A HALF-PERCENT (0.5%) TAX PAID BY THE PURCHASER ON THE TRANSFER OF REAL PROPERTY IN THE TOWN, WITH THE REVENUES DEPOSITED IN THE SOUTHOLD COMMUNITY HOUSING FUND TO ADDRESS AFFORDABLE HOUSING IN THE TOWN, BE APPROVED? Section 8. Authority. This proposed local law is enacted pursuant to Municipal Home Rule Law §10, as well as §23, Town Law §64-K and Tax Law §1449-bb. Section 9. Severability. If any. section, subsection, paragraph, clause, phrase, or prov1s1on of this law shall be adjudged 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 10. Effective Date. This local law shall take effect upon the approval by an affirmative vote of a majority of the qualified electors of the Town of Southold voting on the proposition provided for in section 7 of this local law. ·  Vote Record - Resolution RES-2022-635 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled  Withdrawn  Greg Doroski      Supervisor's Appt Brian O. Mealy      Tax Receiver's Appt Jill Doherty     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  VI. Public Hearings