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Home My WebLink AboutAG-08/26/2014 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 Final AGENDA SOUTHOLD TOWN BOARD August 26, 2014 7:30 PM POLICY: At scheduled Town Board meetings, the attending public is encouraged to briefly address the Town Board relating to agenda resolutions prior to their enactment; the public will also be given time at the conclusion of the regularly scheduled business agenda to address the Board on any given topic. ONLINE ACCESS: The Agenda is generally available the Friday before the meeting. The video of the meeting is usually available 1-2 hours after the meeting. Minutes with adopted resolutions are available 1-2 days after the meeting. A full copy of the minutes, agenda and meeting video can be viewed in one of two ways: (1) The town of Southold website: www.southoldtownny.gov Click on “Town Board On- Line”; Click Box “Yes” to be redirected to IQM2 and you will then be redirected to the Town Clerk online site. (2) www.townclerk.com Enter zip code 11971 in box on lower right hand side and “enter”. On the left hand side of screen a dark blue box will pop up, you will see "Town of Southold, Long Island, NY", click on this and another box will pop up that will tell you that you are being directed to another site click on “Yes” to go into the Town Clerk site. Go to the date of the meeting and click on "Minutes Packet" this is the full copy of the resolutions. (Scroll to bottom of page for KEY to symbols). You can view the live video of the meeting by clicking on the camera symbol. All of this information is available 24/7. If you would like help navigating the site, please feel free to call my office 631-765-1800. CALL TO ORDER 7:30 PM Meeting called to order on August 26, 2014 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee NamePresentAbsentLateArrived Councilman Robert Ghosio  Councilman James Dinizio Jr  Councilman William P. Ruland  Councilwoman Jill Doherty  Southold Town Meeting Agenda - August 26, 2014 Page 2 Justice Louisa P. Evans  Supervisor Scott A. Russell  I. REPORTS 1. Recreation Department Monthly Report July 2014 2. Southold Town Budget Report Month ending June 30, 2014 3. ZBA Monthly Report July, 2014 4. Town Clerk Reports July 2014 Quarter 1st half 5. Planning Board Monthly Report July 2014 II. PUBLIC NOTICES 1. Mattituck Airbase Site (Southold, Suffolk Co.) Site Proposed to be Delisted from Superfund Registry; Public Comment Invited 2. NYS Governor's Office Notice of Intent to Request Release of Funds III. COMMUNICATIONS IV. DISCUSSION 1. 9:00 Am - Jamie Richter, Michael Collins & Jeff Standish Klipp Park Bulkhead 2. 9:15 Am - Jeff Standish Property Maintenance Cleanups 3. 9:30 Am - Leslie Weisman 2014 ZBA Training Proposal 4. Helicopter and Fixed Wing Noise 5. LL/Chapter 280, Zoning in Connection with the Affordable Housing District Southold Town Meeting Agenda - August 26, 2014 Page 3 6. LL/Chapter 236, Stormwater Management Amendments 7. EXECUTIVE SESSION - 11:00 Am - Melissa Spiro, Land Preservation Proposed Property Acquisition/s, Publicity of which would substantially affect the value thereof 8. EXECUTIVE SESSION - Labor Matters Involving Employment of Particular Person/s Update on CSEA Negotiations 9. Justice Louisa Evans - FI Waste Management SPECIAL PRESENTATION Michael Collins Bay Avenue Bridge Detour Access MINUTES APPROVAL RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Tuesday, June 03, 2014 RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Tuesday, June 17, 2014 V. RESOLUTIONS 2014-700 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby August 26, 2014. Vote Record - Resolution RES-2014-700  Adopted  Yes/AyeNo/NayAbstainAbsent Adopted as Amended  Defeated  Robert Ghosio  Tabled  James Dinizio Jr  Withdrawn  William P. Ruland 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  Southold Town Meeting Agenda - August 26, 2014 Page 4 2014-701 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Set Next Regular Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, September 9, 2014 at the Southold Town Hall, Southold, New York at 4:30 P.M.. Vote Record - Resolution RES-2014-701  Adopted  Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated Robert Ghosio Tabled Withdrawn  James Dinizio Jr  Supervisor's Appt  William P. Ruland  Tax Receiver's Appt  Jill Doherty Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt Scott A. Russell  No Action Lost 2014-702 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Road Closure for the Douglas Moore Music Festival Financial Impact: Cost to Police = $197.52 RESOLVED that the Town Board of the Town of Southold hereby grants permission to The Douglas Moore Memorial Concert Committee to close Case’s Lane, adjacent to the Cutchogue Village Green on Saturday, August 9, 2014, from 4:00 PM to 9:30 PM , provided they follow all the conditions in the Town of Southold Policy for Special Events on Town Properties and Roads”. Failure to comply will result in the forfeiture of the $250 clean-up deposit. All fees have been waived except the clean-up deposit. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. Vote Record - Resolution RES-2014-702  Adopted  Yes/AyeNo/NayAbstainAbsent Adopted as Amended  Southold Town Meeting Agenda - August 26, 2014 Page 5 Defeated  Robert Ghosio  Tabled  James Dinizio Jr Withdrawn William P. Ruland  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  2014-703 CATEGORY: Budget Modification DEPARTMENT: Accounting Orient by the Sea Road Improvement District Budget Modification Financial Impact: Correct key punch error made while entering 2014 budget RESOLVED that the Town Board of the Town of Southold hereby modifies the 2014 Orient by the Sea Road Improvement District budget as follows: From: DB1.1420.4.500.200 Real Property Taxes $3,000 DB1.9730.6.000.000 B.A.N., Principal 120 Total $3,120 To: DB1.9730.6.000.000 B.A.N., Principal $3,000 DB1.9730.7.000.000 B.A.N., Interest 120 Total $3,120 Vote Record - Resolution RES-2014-703  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  Robert Ghosio  Tabled  Withdrawn James Dinizio Jr  Supervisor's Appt William P. Ruland Tax Receiver's Appt  Jill Doherty  Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell No Action  Lost  Southold Town Meeting Agenda - August 26, 2014 Page 6 2014-704 CATEGORY: Budget Modification DEPARTMENT: Public Works Budget Mod for Garbage Truck Repair Financial Impact: Funds to cover repairs on garbage truck RESOLVED that the Town Board of the Town of Southold hereby modifies the 2014 budget as follows: From: A.1620.4.100.650 Building & Grounds Vehicle Maint. & Repairs $2,000.00 To: A.1620.4.100.500 Building & Grounds Motor Vehicle Parts/Supplies $2,000.00 Vote Record - Resolution RES-2014-704  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  Robert Ghosio Tabled Withdrawn James Dinizio Jr  Supervisor's Appt  William P. Ruland  Tax Receiver's Appt  Jill Doherty Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell  No Action  Lost 2014-705 CATEGORY: Special Events DEPARTMENT: Town Clerk Fireworks Permit for Peconic Landing at Southold, Inc. Southold Town Meeting Agenda - August 26, 2014 Page 7 RESOLVED that the Town Board of the Town of Southold hereby approves the issuance of a fireworks permit by the Town Clerk to Peconic Landing @ Southold, for a fireworks display on August 31, 2014 at 9:00PM (Rain Date: September 1, 2014 at 9:00 PM), on the Peconic Landing’s property at 1500 Brecknock Road, Greenport, New York, upon the payment of a single fee of $100 and subject to the applicant’s compliance with the requirements of the Town’s policy regarding the issuance of fireworks permits. Vote Record - Resolution RES-2014-705  Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated  Robert Ghosio  Tabled  Withdrawn  James Dinizio Jr Supervisor's Appt  William P. Ruland  Tax Receiver's Appt  Jill Doherty  Rescinded Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell  No Action  Lost  2014-706 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) Detention Attendants 8.00 Guards 8.00 Traffic Control Officers 8.00 Maintenance Mechanics 8.00 Lifeguards 6.50 Recreation Specialists 6.50 Beach Attendants 6.50 Beach Manager 7.00 Southold Town Meeting Agenda - August 26, 2014 Page 8 Vote Record - Resolution RES-2014-706  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated Robert Ghosio Tabled Withdrawn James Dinizio Jr  Supervisor's Appt  William P. Ruland  Tax Receiver's Appt  Jill Doherty Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell  No Action Lost 2014-707 CATEGORY: Property Usage DEPARTMENT: Town Clerk Issue Fireworks Permit to East End Seaport RESOLVED that the Town Board of the Town of Southold hereby amends resolution #2014- 679, adopted at the August 12, 2014 regular Town Board meeting to read as follows: RESOLVED that the Town Board of the Town of Southold hereby approves the issuance of a fireworks permit by the Town Clerk to East End Seaport and Maritime Foundation, for a (Rain Date: August 31, 2014) fireworks display on Saturday, August 30, 2014 at 10:00 P.M. at the Greenport High School athletic field, Greenport, upon payment of a fee of $100 and subject to the applicant’s compliance with the requirements of the Town’s policy regarding the issuance of fireworks permits, as amended, and subject to the approval of the Town Attorney. Vote Record - Resolution RES-2014-707  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  Robert Ghosio  Tabled  Withdrawn James Dinizio Jr  Supervisor's Appt William P. Ruland Tax Receiver's Appt Jill Doherty  Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell No Action  Lost  Southold Town Meeting Agenda - August 26, 2014 Page 9 2014-708 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Cutchogue-New Suffolk Antique Car Show Financial Impact: Cost Analysis: $131.68 RESOLVED that the Town Board of the Town of Southold hereby grants permission for the closure of Case’s Lane from Fairway Drive to the Main Road, for the “Back in Time before ‘49” Antique Car Show on the Cutchogue Village Green, on Sunday, October 19, 2014, from 9:00 am to 4:00 pm provided applicant meets all requirements as listed in the Town Policy on Special Events and Use of Recreation Areas and Town Roads. Failure to comply with policy procedures will result in forfeiture of clean up deposit. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. All fees associated with this event, with the exception of the Clean-Up deposit, have been waived. Vote Record - Resolution RES-2014-708  Adopted  Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated Robert Ghosio Tabled Withdrawn  James Dinizio Jr  Supervisor's Appt  William P. Ruland  Tax Receiver's Appt  Jill Doherty Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt Scott A. Russell  No Action Lost  2014-709 CATEGORY: Attend Seminar DEPARTMENT: Police Dept Police Department-Conference Request RESOLVED grants permission to Chief that the Town Board of the Town of Southold hereby Martin Flatley to attend the 2014 International Association of Chiefs of Police Conference in Orlando, FL from October 25-28, 2014 . All expenses for registration, travel to be a legal charge to the 2014 budget A.3120.2.600.225(meetings and seminars). Southold Town Meeting Agenda - August 26, 2014 Page 10 Vote Record - Resolution RES-2014-709  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated Robert Ghosio Tabled Withdrawn James Dinizio Jr  Supervisor's Appt  William P. Ruland  Tax Receiver's Appt  Jill Doherty Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell  No Action Lost 2014-710 CATEGORY: Special Events DEPARTMENT: Town Clerk Annual Boys Scout Car Show Financial Impact: Cost Analysis: $131.68 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Boy th Scouts Troop 6 to hold its 25 Annual Boys Scout Antique Car Show on Saturday, August 30, 2014 (rain date August 31) from 5:00 AM to 4:00 PM at the Peconic Lane Community Center, Peconic Lane, Peconic, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and comply with all the provisions of the Town’s Special Permit Policy. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads and facilities. All fees associated with this approval shall be waived. Vote Record - Resolution RES-2014-710  Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated  Robert Ghosio  Tabled  Withdrawn  James Dinizio Jr Supervisor's Appt  William P. Ruland  Tax Receiver's Appt  Jill Doherty  Rescinded  Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell  No Action  Lost  Southold Town Meeting Agenda - August 26, 2014 Page 11 2014-711 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Recreation Hire Fall 2014 Recreation Program Instructor Resolved that the Town Board of the Town of Southold authorizes and directs Supervisor Scott A. Russell to execute an agreement with the following individual for the Fall 2014 Recreation programs, all in accordance with the approval of the Town Attorney. Funding for the instructors listed below has been budgeted for in the Recreation Department's 2014 instructor line A7020.4.500.420. Dianne Thomas (yoga) $30/hour Vote Record - Resolution RES-2014-711  Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated Robert Ghosio  Tabled  Withdrawn  James Dinizio Jr Supervisor's Appt  William P. Ruland  Tax Receiver's Appt  Jill Doherty  Rescinded  Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell  No Action  Lost  2014-712 CATEGORY: Surplus Equipment DEPARTMENT: Police Dept Police Department-Surplus Vehicle RESOLVED that the Town Board of the Town of Southold hereby declares the following equipment to be surplus equipment: Asset# Vehicle VIN 2917 2003 Ford Crown Victoria 2FAHP71W33X212137 RESOLVED Be it further that the Town Board authorizes and directs the Town Clerk to advertise for the sale of same. Southold Town Meeting Agenda - August 26, 2014 Page 12 Vote Record - Resolution RES-2014-712  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated Robert Ghosio Tabled Withdrawn James Dinizio Jr  Supervisor's Appt  William P. Ruland  Tax Receiver's Appt  Jill Doherty Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell  No Action Lost 2014-713 CATEGORY: Authorize to Bid DEPARTMENT: Town Clerk Sale of Used Equipment - TC RESOLVED that the Town Board of the Town of Southold hereby declares the following equipment in the Town Clerk’s office to be surplus 1 PC430 Canon Copier 1 Copier toner cartridge - unused 1 CFX L4000 Canon Fax Machine 3 Fax toner cartridges - unused And be it further RESOLVED that the Town Clerk’s office is hereby authorized and directed to advertise these items for sale. Vote Record - Resolution RES-2014-713  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  Robert Ghosio  Tabled  Withdrawn James Dinizio Jr  Supervisor's Appt William P. Ruland Tax Receiver's Appt Jill Doherty  Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell No Action  Lost  Southold Town Meeting Agenda - August 26, 2014 Page 13 2014-714 CATEGORY: Refund DEPARTMENT: Town Clerk Refund for Guest Beach Sticker RESOLVED that the Town Board of the Town of Southold hereby amends resolution 2014-614, adopted at the July 15, 2014 regular Town Board meeting to read as follows: RESOLVED that the Town Board of the Town of Southold hereby grants a refund of $30.00 $40.00 to Mary Ann Duffy, 150 Mt. Beulah Avenue, Southold, NY 11971 for the purchase of a guest beach permit #0596, which was purchased in error. Vote Record - Resolution RES-2014-714  Adopted Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  Robert Ghosio  Tabled  Withdrawn  James Dinizio Jr  Supervisor's Appt  William P. Ruland Tax Receiver's Appt Jill Doherty  Rescinded Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell No Action  Lost  2014-715 CATEGORY: Surplus Equipment DEPARTMENT: Police Dept Police Department - Surplus Vehicle RESOLVED that the Town Board of the Town of Southold hereby declares the following equipment to be surplus equipment: Asset# Vehicle VIN 3384 2006 Ford Crown Victoria 2FAHP71W76X102325 RESOLVED Be it further that the Town Board authorizes and directs the Town Clerk to advertise for the sale of same. Southold Town Meeting Agenda - August 26, 2014 Page 14 Vote Record - Resolution RES-2014-715  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated Robert Ghosio Tabled Withdrawn James Dinizio Jr  Supervisor's Appt  William P. Ruland  Tax Receiver's Appt  Jill Doherty Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell  No Action Lost 2014-716 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification for Transfer to Capital Fund Financial Impact: Provide appropriation for transfer to Capital Fund for the purchase of a 2014 Ford C-Max RESOLVED that the Town Board of the Town of Southold hereby modifies the 2014 General Fund Whole Town budget as follows: From: A.6772.1.100.100 Full Time Regular Earnings $14,679 A.6772.1.100.400 Sick Earnings 470 A.6772.1.200.100 Part Time Regular Earnings 4,621 A.6772.4.400.800 Vehicle Leases 6,246 Total $26,016 To: A.9901.9.000.100 Transfer to Capital Fund $26,016 Vote Record - Resolution RES-2014-716  Adopted  Yes/AyeNo/NayAbstainAbsent Adopted as Amended  Robert Ghosio Defeated  Tabled  James Dinizio Jr  Withdrawn William P. Ruland  Supervisor's Appt Jill Doherty Tax Receiver's Appt  RescindedLouisa P. Evans  Town Clerk's Appt  Scott A. Russell  Supt Hgwys Appt  No Action  Southold Town Meeting Agenda - August 26, 2014 Page 15 Lost  2014-717 CATEGORY: Budget Modification DEPARTMENT: Accounting Create Capital Budget for HRC Hybrid Vehicle Financial Impact: Provide appropriation for the purchase of 2014 Ford C-Max hybrid vehicle for Human Services Department WHEREAS the Town Board of the Town of Southold has determined that the Human Services Department should replace certain vehicles within its fleet with Hybrid vehicles in order to improve efficiency and reduce operating costs, and WHEREAS the Town’s Capital Budget process requires a resolution to formally establish Capital Budget items in the Capital Fund, now therefore be it RESOLVED authorizes the that the Town Board of the Town of Southold hereby establishment of the following Capital Project in the 2014 Capital Fund and modifies the budget as follows : Capital Project Name: HRC Automobile Financing Method: Transfer from the General Fund Whole Town Increase Revenues: H.5031.85 Motor Vehicles $26,016 Decrease Appropriations: H.1640.2.300.200 Automobiles $3,096 Increase Appropriations: H.6772.2.300.200 Automobiles $29,112 Vote Record - Resolution RES-2014-717  Adopted  Yes/AyeNo/NayAbstainAbsent Adopted as Amended  Defeated Robert Ghosio  Tabled  James Dinizio Jr Withdrawn William P. Ruland  Supervisor's Appt Jill Doherty  Tax Receiver's Appt Rescinded  Louisa P. Evans Town Clerk's Appt  Southold Town Meeting Agenda - August 26, 2014 Page 16 Supt Hgwys Appt  Scott A. Russell  No Action  Lost 2014-718 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Clerk General Code Publishers Corporation Laserfiche RIO Contract Financial Impact: This project is being funded though the NYSED LGRMIF Grant 2014-2015 Program RESOLVEDa that the Town Board of the Town of Southold hereby uthorizes and directs Supervisor Scott A. Russell to execute a contract between the Town of Southold and General Code Publishers Corporation in connection with the Laserfiche RIO software installation in the amount of $84,373.00, all in accordance with the approval of the Town Attorney. Vote Record - Resolution RES-2014-718  Adopted  Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated Robert Ghosio Tabled Withdrawn  James Dinizio Jr  Supervisor's Appt  William P. Ruland  Tax Receiver's Appt  Jill Doherty Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt Scott A. Russell  No Action Lost 2014-719 CATEGORY: Refund DEPARTMENT: Town Clerk Douglas Moore Deposit Return WHEREAS the Douglas Moore Committee has supplied the Town of Southold with a Clean-up Deposit fee in the amount of $250.00 for their Music Festival 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 Southold Town Meeting Agenda - August 26, 2014 Page 17 RESOLVED that Town Board of the Town of Southold hereby authorizes a refund be issued in the amount of $250.00 to Douglas Moore Committee, PO Box 635, New Suffolk, NY 11958. Vote Record - Resolution RES-2014-719  Adopted Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  Robert Ghosio  Tabled  Withdrawn  James Dinizio Jr  Supervisor's Appt  William P. Ruland Tax Receiver's Appt Jill Doherty  Rescinded Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell No Action  Lost  2014-720 CATEGORY: Bid Acceptance DEPARTMENT: Highway Department Rescind Accept Bid Item #5 Road Treatment RESOLVED that the Town Board of the Town of Southold hereby rescinds resolution 2014-633 adopted at the regular Town Board meeting in it’s entirety, which read as follows: RESOLVED that the Town Board of the Town of Southold hereby amends resolution #2014- 611, to read as follows: RESOLVED that the Town Board of the Town of Southold hereby accepts the following bids for Item #5, Type 6 Asphalt Road Treatment: Price per Ton Awarded to: Southold Town Virgin 100-250 98.00 Corazzini Asphalt 250-500 95.00 Corazzini Asphalt 500-1000 90.00 Corazzini Asphalt 1000+ 87.00 Corazzini Asphalt Southold Town RAP 100-250 87.00 Corazzini Asphalt Southold Town Meeting Agenda - August 26, 2014 Page 18 250-500 85.00 Corazzini Asphalt 500-1000 76.85 Corazzini Asphalt 1000+ 73.85 Corazzini Asphalt Fishers Island Virgin 250-500 300.00 Rosemar Construction 500-1000 250.00 300.00 Rosemar Construction 1000+ 250.00 300.00 Rosemar Construction Fishers Island RAP 250-500 300.00 Rosemar Construction 500-1000 300.00 Rosemar Construction 1000+ 250.00 Rosemar Construction Vote Record - Resolution RES-2014-720  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  Robert Ghosio  Tabled  Withdrawn  James Dinizio Jr  Supervisor's Appt William P. Ruland Tax Receiver's Appt Jill Doherty  Rescinded Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell No Action  Lost  2014-721 CATEGORY: Bid Acceptance DEPARTMENT: Highway Department Accept Bid Item #5 Road Treatment RESOLVED that the Town Board of the Town of Southold hereby accepts the following bids for Item #5, Type 6 Asphalt Road Treatment: Price per Ton Awarded to: Southold Town Virgin 100-250 98.00 Corazzini Asphalt 250-500 95.00 Corazzini Asphalt 500-1000 90.00 Corazzini Asphalt Southold Town Meeting Agenda - August 26, 2014 Page 19 1000+ 87.00 Corazzini Asphalt Southold Town RAP 100-250 87.00 Corazzini Asphalt 250-500 85.00 Corazzini Asphalt 500-1000 76.85 Corazzini Asphalt 1000+ 73.85 Corazzini Asphalt Fishers Island Virgin 100-250 375.00 Suffolk Asphalt 250-500 300.00 Suffolk Asphalt 500-1000 275.00 Suffolk Asphalt 1000+ 255.00 Suffolk Asphalt Fishers Island RAP 100-250 350.00 Suffolk Asphalt 250-500 300.00 Suffolk Asphalt 500-1000 275.00 Suffolk Asphalt 1000+ 250.00 Suffolk Asphalt Vote Record - Resolution RES-2014-721  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  Robert Ghosio Tabled Withdrawn James Dinizio Jr  Supervisor's Appt William P. Ruland  Tax Receiver's Appt  Jill Doherty Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell  No Action  Lost 2014-722 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Agreement W/SC Office for Aging - AAA Transportation Program/HRC 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 Southold Town Meeting Agenda - August 26, 2014 Page 20 Transportation Program, IFMS No. 0000000 No. 001-6806-4980-95294, not to exceed $8,016.00 for the period April 1, 2014 through March 31, 2015 (with one extension at the County’s option to September 30, 2015), subject to the approval of the Town Attorney. Vote Record - Resolution RES-2014-722  Adopted Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  Robert Ghosio  Tabled  Withdrawn  James Dinizio Jr  Supervisor's Appt  William P. Ruland Tax Receiver's Appt Jill Doherty  Rescinded Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell No Action  Lost  2014-723 CATEGORY: Budget Modification DEPARTMENT: Accounting Increase Norman E. Klipp Bulkhead Budget Financial Impact: Increase Capital Budget for Norman E Klipp bulkhead WHEREAS the Town Board of the Town of Southold appropriated $116,000 for the Klipp Park Bulkhead, and WHEREAS the Town Board has determined that the project requires an additional $13,600 appropriation, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby increases the General Fund Whole Town 2014 budget as follows: Revenues: A.2025.00 Special Recreation Facility $13,600 Appropriations: A.9901.9.000.100 Transfer to Capital Fund $13,600 and be it further RESOLVED increases the following that the Town Board of the Town of Southold hereby Capital Project in the 2014 Capital Fund as follows : Southold Town Meeting Agenda - August 26, 2014 Page 21 Capital Project Name:Klipp Park Bulkhead Financing Method: Transfer from the General Fund Whole Town Budget: Revenues: H.5031.29 Interfund Transfers $13,600 Total $13,600 Appropriations: H.1620.2.500.400 Buildings & Grounds Capital Outlay Klipp Park Bulkhead $13,600 Total $13,600 Vote Record - Resolution RES-2014-723  Adopted  Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated Robert Ghosio Tabled Withdrawn  James Dinizio Jr  Supervisor's Appt  William P. Ruland  Tax Receiver's Appt  Jill Doherty Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt Scott A. Russell  No Action Lost  2014-724 CATEGORY: Employment - Town DEPARTMENT: Town Clerk Appoint Secretary to Tree Committee RESOLVEDappoints Carol Hydell to that the Town Board of the Town of Southold hereby th the position of Secretary to the Southold Town 375 Anniversary Committee , effective immediately through December 31, 2014, not to exceed five (5) hours per week in addition to her regular 35 hour work week, regardless of the number of committees she serves. Vote Record - Resolution RES-2014-724  Adopted  Yes/AyeNo/NayAbstainAbsent Adopted as Amended  Defeated Robert Ghosio  Tabled James Dinizio Jr Withdrawn William P. Ruland  Supervisor's Appt Jill Doherty Tax Receiver's Appt  Rescinded  Louisa P. Evans Town Clerk's Appt  Southold Town Meeting Agenda - August 26, 2014 Page 22 Supt Hgwys Appt  Scott A. Russell  No Action  Lost 2014-725 CATEGORY: Budget Modification DEPARTMENT: Fishers Island Ferry District FIFD Budget Modification Financial Impact: to cover insurance costs RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District Board of Commissioners dated August 17, 2014, which amended the 2014 Fishers Island Ferry District budget. Vote Record - Resolution RES-2014-725  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  Robert Ghosio  Tabled  Withdrawn  James Dinizio Jr  Supervisor's Appt William P. Ruland Tax Receiver's Appt Jill Doherty  Rescinded Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell No Action  Lost  2014-726 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Reappoint Phyllis Atkinson to the Southold Town Board of Assessment Review RESOLVEDreappoints Phyllis that the Town Board of the Town of Southold hereby Atkinson to the Southold Town Board of Assessment Review effective October 1, 2014 through September 30, 2019. Vote Record - Resolution RES-2014-726  Yes/AyeNo/NayAbstainAbsent Adopted Adopted as Amended Robert Ghosio  Southold Town Meeting Agenda - August 26, 2014 Page 23 Defeated  James Dinizio Jr  Tabled  William P. Ruland Withdrawn Jill Doherty  Supervisor's Appt Tax Receiver's Appt Louisa P. Evans  Rescinded  Scott A. Russell Town Clerk's Appt  Supt Hgwys Appt  No Action  Lost  2014-727 CATEGORY: Bid Acceptance DEPARTMENT: Town Clerk Accept Bid for Norman E. Klipp Bulkhead RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Crowley Marine Contracting, in the amount of $129,600.00, for the Norman E. Klipp bulkhead project, all in accordance with the Town Attorney, and be it further RESOLVED that the Town Board hereby authorizes and directs Supervisor Scott A. Russell to sign a contract with Crowley Marine Contracting for same, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2014-727  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  Robert Ghosio Tabled Withdrawn James Dinizio Jr  Supervisor's Appt  William P. Ruland  Tax Receiver's Appt  Jill Doherty Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell  No Action  Lost 2014-728 CATEGORY: Public Service DEPARTMENT: Town Clerk Southold Town Meeting Agenda - August 26, 2014 Page 24 Rescind Resolution Appointing a Temporary Marriage Officer RESOLVED that the Town board of the Town of Southold hereby rescinds resolution 2014-313, adopted at the April 8, 2014 regular Town Board meeting in its entirety, which read as follows: RESOLVED the Town Board of the Town of Southold hereby appoints Karen B. Bloom as a Temporary Marriage Officer for the Town of Southold, on September 27, 2014 only, to serve at no compensation. Vote Record - Resolution RES-2014-728  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  Robert Ghosio Tabled Withdrawn James Dinizio Jr  Supervisor's Appt  William P. Ruland  Tax Receiver's Appt  Jill Doherty Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell  No Action  Lost 2014-729 CATEGORY: Public Service DEPARTMENT: Town Clerk Rescind Temporary Marriage Officer RESOLVED that the Town Board of the Town of Southold hereby rescinds resolution 2014-677 adopted at the August 12, 2014 regular Town Board meeting in its entirety, which read as follows: RESOLVED the Town Board of the Town of Southold hereby appoints Matthew Stella as a Temporary Marriage Officer for the Town of Southold, on September 13, 2014 only, to serve at no compensation. Vote Record - Resolution RES-2014-729  Adopted  Yes/AyeNo/NayAbstainAbsent Adopted as Amended  Robert Ghosio Defeated  TabledJames Dinizio Jr  Withdrawn  William P. Ruland  Supervisor's Appt Jill Doherty Tax Receiver's Appt Southold Town Meeting Agenda - August 26, 2014 Page 25 Rescinded  Louisa P. Evans  Town Clerk's Appt  Scott A. Russell Supt Hgwys Appt No Action Lost 2014-730 CATEGORY: Employment - Town DEPARTMENT: Town Attorney Approve 2014 ZBA Training Proposal RESOLVED that the Town Board of the Town of Southold hereby authorizes and approves the Southold Town Zoning Board of Appeals’ training proposal entitled “ZBA 2014 Training” as sufficient to satisfy the training requirements for Zoning Board of Appeals’ officials pursuant to Town Law Section 271(7)(a-d). Vote Record - Resolution RES-2014-730  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  Robert Ghosio  Tabled  Withdrawn James Dinizio Jr  Supervisor's Appt William P. Ruland Tax Receiver's Appt Jill Doherty  Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell No Action  Lost  2014-731 CATEGORY: Public Service DEPARTMENT: Town Clerk Quiet Skies to East Hampton Town Board WHEREAS, the Town of East Hampton is the proprietor and operator of the East Hampton Airport; and Southold Town Meeting Agenda - August 26, 2014 Page 26 WHEREAS, excessive aircraft noise from the ever-increasing traffic of jets, seaplanes and other propeller craft, and helicopters approaching and leaving the East Hampton Airport for years has interfered with East End residents’ peaceful enjoyment of their properties; and WHEREAS, the Town of East Hampton’s proprietary right to impose curfews and other such reasonable aircraft access to the East Hampton Airport for the protection of the residents of East Hampton and all East End Towns, has been waived by East Hampton Town’s contractual arrangement for airport subsidy funding from the Federal Aviation Administration (the “Waiver”), and WHEREAS, the Waiver of East Hampton’s propriety right to impose curfews and other reasonable access restrictions expires as of 31 December 2014 unless the Town seeks and accepts further airport subsidies from the Federal Aviation Administration, which will extend the Waiver for another twenty years, now, therefore be it RESOLVED that the Town Board of the Town of Southold hereby respectfully requests that the Town Board of the Town of East Hampton, in support of a comprehensive policy of reasonable airport access restrictions, plan to operate the East Hampton Airport as a self-sustaining enterprise, not to extend the Waiver beyond December 31, 2014, and thereby refuse to seek any further Federal Aviation Administration funding and contractual waiver of proprietary rights, and be it further RESOLVED that as part of the airport access restrictions, the Town of Southold calls for the Town of East Hampton to allow access rights only to helicopter companies that agree to air access routes that avoid flying over the Town of Southold, mandating instead the northern route around Orient Point and the southern route over the Atlantic Ocean, and be it further RESOLVED that Supervisor Scott A. Russell is hereby authorized and directed to transmit a copy of this resolution promptly to the Town Board of the Town of East Hampton and communicate this Town Board’s strong intentions underlying this resolution. Vote Record - Resolution RES-2014-731  Adopted  Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated Robert Ghosio Tabled Withdrawn  James Dinizio Jr  Supervisor's Appt  William P. Ruland  Tax Receiver's Appt  Jill Doherty Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt Scott A. Russell  No Action Lost  Southold Town Meeting Agenda - August 26, 2014 Page 27 2014-732 CATEGORY: Seqra DEPARTMENT: Town Attorney SEQRA - LL/Amendments to Chapter 236 RESOLVED that the Town Board of the Town of Southold hereby determines that the proposed Local Law entitled “A Local Law in Relation to Amendments to Chapter 236, Stormwater Management” is classified as a Type II action pursuant to SEQRA rules and regulations, and is not subject to further review under SEQRA and is consistent with the LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. Vote Record - Resolution RES-2014-732  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated Robert Ghosio Tabled Withdrawn James Dinizio Jr  Supervisor's Appt  William P. Ruland  Tax Receiver's Appt  Jill Doherty Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell  No Action Lost 2014-733 CATEGORY: Seqra DEPARTMENT: Town Attorney SEQRA - LL/AHD Amendments RESOLVED that the Town Board of the Town of Southold hereby determines that the proposed Local Law entitled “A Local Law in Relation to Amendments to Chapter 280, Zoning, in connection with the Affordable Housing District” is classified as a Type II action pursuant to SEQRA rules and regulations, and is not subject to further review under SEQRA and is consistent with the LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. Vote Record - Resolution RES-2014-733  Adopted  Yes/AyeNo/NayAbstainAbsent Adopted as Amended  Robert Ghosio  Defeated  James Dinizio Jr  Tabled  William P. Ruland Withdrawn  Southold Town Meeting Agenda - August 26, 2014 Page 28 Supervisor's Appt  Jill Doherty  Tax Receiver's Appt  Louisa P. Evans Rescinded Scott A. Russell  Town Clerk's Appt Supt Hgwys Appt No Action  Lost  2014-734 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL, Chapter 236, Stormwater WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk th “A Local Law in County, New York, on the 29 day of July, 2014, a Local Law entitled relation to Amendments to Chapter 236, Stormwater Management ”, and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons will be given an opportunity to be heard, now there for be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local “A Local Law in relation to Amendments to Chapter 236, Stormwater Law entitled, Management” reads as follows: LOCAL LAW NO. 2014 “A Local Law in relation to Amendments to Chapter 236, Stormwater A Local Law entitled, Management” . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The purpose of this Amendment is to remove an unnecessary, burdensome requirement for inspections of erosion and sediment control practices following heavy rain to be consistent with similar provisions of the Environmental Conservation Law and to correct certain definitions and typographical errors. II. Chapter 236 of the Code of the Town of Southold is hereby amended as follows: §236-5. Definitions. CONSTRUCTION ACTIVITY 1) Activities involving land disturbance of 5,000 square feet or more including Southold Town Meeting Agenda - August 26, 2014 Page 29 disturbances of less than 5,000 square feet that are part of a larger common plan of development that will ultimately disturb 5,000 or more square feet of land, excluding routine maintenance activity that is performed to maintain the original line and grade, hydraulic capacity or original purpose of a facility.; and/or (2) activities requiring authorization under the SPDES permit for stormwater discharges from construction activity, GP-0-10-001 or as amended or revised. These SPDES permit activities include construction projects resulting in land disturbance of one or more acres unless determined otherwise by the Department or Town of Southold. All construction activities include but are not limited to clearing and grubbing, grading, excavating and demolition. STORMWATER MANAGEMENT OFFICER (SMO) An employee or officer designated by the Town to accept and review stormwater management control plans and stormwater pollution prevention plans, forward the plans to the applicable municipal board and inspect stormwater management practices §236-7. Performance and design criteria for stormwater management and erosion and sediment control. All land development activities shall be subject to the following performance and design criteria: A. All land-disturbing activities or the addition or replacement of impervious surfaces shall provide temporary and permit permanent construction controls and shall be required to contain a two-inch rainfall on site, even where approval of the Stormwater Management Officer is not required under this Chapter. §236-9. Maintenance, inspection and repair of stormwater facilities. A. Maintenance and inspection during construction. (1) The applicant or developer of any land development activity proposed under this chapter, as set forth in Articles II and/or III, or their representative shall, at all times, properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the applicant to achieve compliance with the requirements of this chapter. Sediment shall be removed from any sediment traps or sediment ponds whenever their design capacity has been reduced by 50%. (2) For land development activities as defined in Article III, §236-19, the applicant shall have a qualified professional conduct site inspections and document the effectiveness of all erosion and sediment control practices every seven days. And within 24 hours of any storm event producing 0.5 inch of precipitation or more. Inspection reports shall be maintained in a site log book. §236-19. Activities covered. B. Construction activities that discharge or potentially discharge stormwater to surface waters, whether directly or indirectly via an MS4, and that meet any one of the below thresholds, shall also include water quantity and quality controls Southold Town Meeting Agenda - August 26, 2014 Page 30 §236- 20(C)(2) (post-construction stormwater runoff controls) as set forth in as applicable: (1) Stormwater runoff from land development activities discharging a pollutant of concern to either an impaired water identified on the New York State Department of Environmental Conservation’s §303(d) list of impaired waters or a Total Maximum Daily Load (TMDL) designated watershed for which pollutants in stormwater have been identified as a source of the impairment. (2) Stormwater runoff from land development activities disturbing five or more acres. (3) Stormwater runoff from land development activity disturbing between one acre and five acres of land during the course of the project, exclusive of the construction of single-family residences, construction of single-family residential subdivisions with less than 25% impervious cover at total site build-out and construction activities at agricultural properties. (4) Stormwater runoff from land development activity associated with single- family homes directly discharging to 303(d) segments impaired by pollutants related to land development activities as identified in the New York State Department of Environmental Conservation SPDES general permit for construction activities (GP-0-10-001), as amended. (5) Stormwater runoff from land development activity associated with single- family residential subdivisions directly discharging to 303(d) segments impaired by pollutants related to land development activities as identified in the New York State Department of Environmental Conservation SPDES general permit for construction activities (GP-0-10-001), as amended. 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-2014-734  Adopted  Yes/AyeNo/NayAbstainAbsent Adopted as Amended  Robert Ghosio  Defeated  James Dinizio Jr Tabled  Withdrawn  William P. Ruland  Supervisor's Appt Jill Doherty  Tax Receiver's Appt Louisa P. Evans Rescinded  Southold Town Meeting Agenda - August 26, 2014 Page 31 Town Clerk's Appt  Scott A. Russell  Supt Hgwys Appt  No Action Lost 2014-735 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL/Chapter 280, Affordable Housing District NOTICE IS HEREBY GIVEN, t here has been presented to the Town Board of the Town of th “A Southold, Suffolk County, New York, on the 6 day of August, 2014, a Local Law entitled Local Law in relation to Amendments to Chapter 280, Zoning, in connection with the Affordable Housing District” , NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, th 26day of August, 2014 at 7:32 p.m. Southold, New York, on the at which time all interested persons will be given an opportunity to be heard. “A Local Law in relation to Amendments to Chapter 280, The proposed Local Law entitled, Zoning, in connection with the Affordable Housing District” reads as follows: LOCAL LAW NO. 2014 “A Local Law in relation to Amendments to Chapter 280, Zoning, in A Local Law entitled, connection with the Affordable Housing District” . BE IT ENACTED by the Town Board of the Town of Southold as follows: A. Purpose. The purpose of these Amendments is to allow more flexibility in the design of Affordable Housing Districts in order to expand the opportunities for the creation of moderate income housing within the Town. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-25 Definitions. For the purpose of this article, the following terms, phrases and words shall have the following meanings: Southold Town Meeting Agenda - August 26, 2014 Page 32 Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster’s Third New International Dictionary of the English Language, unabridged (or latest edition). ASSET - Includes real property holdings and equity, personal property (car, boat, etc.) valued in excess of $10,000, savings, cash, IRAs, 401k, and any federally recognized tax-deferred vehicles. CONSUMER PRICE INDEX - The consumer price index as published by the United States Department of Labor, Bureau of Labor Statistics, for the New York Metropolitan area. CONVEYANCE - The transfer or transfers of any interest in real property by any method, including but not limited to, sale, exchange, assignment, surrender, mortgage foreclosure, transfer in lieu of foreclosure, option, trust indenture, taking by eminent domain, conveyance upon liquidation or by a receiver, or transfer or acquisition of a controlling interest in any entity with an interest in real property. Notwithstanding the foregoing, conveyance of real property shall not include a conveyance made pursuant to devise, bequest or inheritance; the creation, modification, extension, spreading, severance, consolidation, assignment, transfer, release or satisfaction of a mortgage; a mortgage subordination agreement, a mortgage severance agreement or an instrument given to perfect or correct a recorded mortgage; or a release of lien of tax pursuant to this article or the Internal Revenue Code. HEAD OF HOUSEHOLD - The adult member of the family who is the head of the household for purposes of determining income eligibility and rent.. HOUSEHOLD - The family and live-in aide, if applicable. MODERATE-INCOME FAMILY - A family registered with the Town of Southold Housing Registry whose aggregate annual income, including the total of all current annual income of all family members (excluding the earnings of working family members under age 18) from any source whatsoever at the time of application for the purchase or lease of an affordable housing unit or the purchase of an unimproved affordable lot, does not exceed 120% of the HUD median income for the County of Suffolk. MODERATE-INCOME FAMILY DWELLING UNIT - A dwelling unit reserved for rent or sale to a moderate-income family and for which the maximum monthly rent (excluding utilities) or the maximum initial sales price does not exceed the maximum rent or maximum sales price set forth in § 280-30D hereof. MODERATE-INCOME FAMILY UNIMPROVED LOT - An unimproved lot reserved for sale to a moderate-income family and for which the maximum initial sales price does not exceed the maximum sales price set forth in § 280-30D hereof. Said "unimproved lot" shall mean a vacant parcel of real property designated as a lot on a filed map, inclusive of all utilities brought to the property line. NET WORTH - The net worth of an applicant shall include all liquid assets less debt. Liquid assets shall not include sheltered assets, trusts, Individual Retirement Accounts (IRAs), 401Ks and all other federally recognized tax-deferred vehicles. PERMANENT FIXED IMPROVEMENT - An improvement to a lot or a moderate-income family dwelling unit which cannot be removed and which provides value to the property above and beyond repairs done to maintain the property in good condition. A permanent fixed Southold Town Meeting Agenda - August 26, 2014 Page 33 improvement must be approved in advance of construction or installation in writing by the Special Projects Coordinator. PRIMARY RESIDENCE - The address listed on a person’s federal income tax return. SPECIAL PROJECTS COORDINATOR - The employee of the Town who is responsible for the development, implementation and coordination of the Housing Registry and affordable housing initiatives for the Town of Southold. §280-27. Use regulations. In the AHD District, 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 use except the following: (1) Permitted uses. (1) Owner-occupied Moderate-Income Family Dwelling Unit (“MIFDU”), in accordance with the following requirements: (a) An owner-occupied MIFDU shall not be leased, except one time for up to a two-year term, subject to the written approval of the Special Projects Coordinator. (b) Owner-occupied MIFDUs may either be attached or detached, or any combination thereof. (2) Tenant-occupied MIFDU, in accordance with the following requirements: (a) A tenant-occupied MIFDU must be leased for a term of not less than one-year. (b) Tenant-occupied MIFDUs may either be attached or detached, or any combination thereof. (1) One-family detached dwelling which shall be occupied by the owner of the dwelling, or may be leased one time by the owner for a period not greater than two years with written approval of the Special Projects Coordinator. (2) Two-family dwellings which shall be occupied by the owner of the dwelling, or may be leased one time by the owner for a period not greater than two years with written approval of the Special Projects Coordinator. (3) Multiple dwellings. (4) Row or attached dwellings (5) Apartments are permitted within the principal building only, subject to the following requirements: (a) The accessory apartment shall be located in the principal building. (b) The 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 to an eligible person as defined by this legislation and as evidenced by a written lease for a term of one or more years. (c) The apartment shall contain not less than 350 square feet and shall not exceed a square footage equal to one half the total enclosed square footage of the principal dwelling and shall not contain more than one bathroom. (d) A minimum of one off-street parking space shall be provided. (e) Not more than one accessory apartment shall be provided per single- Southold Town Meeting Agenda - August 26, 2014 Page 34 family dwelling. (f) Not more than 50% of homes in an approved AHD shall have accessory apartments. (2) Accessory uses. (1) Accessory uses as set forth in and regulated by §280-13C(1), (2), (3), (4), (6) and (7) of this chapter. (2) Accessory apartments are permitted only within owner-occupied MIFDUs, subject to the written approval of the Special Projects Coordinator, the issuance of a rental permit in accordance with §280-13(D) and the following conditions: a) The accessory apartment shall be located within the MIFDU. b) Only one accessory apartment shall be permitted in a MIFDU. c) The owner shall occupy either the principal dwelling or the accessory apartment as the owner’s primary residence. d) The accessory apartment shall only be occupied by an eligible family or individual as defined by §280-30 (C). e) The term of the lease for an accessory apartment shall be at least one year. f) The accessory apartment shall be at least 350 square feet and shall not exceed a square footage equal to one half of the total square footage of the MIFDU. g) The accessory apartment shall have only one bathroom. h) A minimum of one off-street parking space shall be provided. i) Not more than 50% of the dwelling units in an approved Affordable Housing District shall have accessory apartments. §280-28. Bulk, area and parking regulations. No building or premises shall be used and no building or part thereof shall be erected or altered in the AHD District unless the same conforms to the following Bulk, Area and Parking Schedule: Bulk, Area and Parking Schedule Single-Family Two-Family Multiple Minimum Requirements Dwellings Dwellings Dwellings Total lot area (square feet) 10,000 20,000 40,000 Lot width (feet) 80 100 150 Lot depth (feet) 100 140 200 Front yard (feet) 35 35 45 1 side yard (feet) 15 15 20 Both side yards (feet) 25 30 40 Rear yard (feet) 35 35 45 Livable floor area (square feet 850 600 600 per dwelling) Off-street parking spaces 2 2 2 (per dwelling) Land area (square feet per 10,000 10,000 10,000 Southold Town Meeting Agenda - August 26, 2014 Page 35 dwelling unit) Lot coverage (percent) 20% 25% 25% Building height 35 35 35 Number of stories 2 ½ 2 ½ 2 ½ Bulk, Area and Parking Schedule Minimum Requirements MIFDU Owner-MIFDU Tenant- Occupied Occupied Total lot area (square feet) 10,000 10,000 Lot width (feet) 80 80 Lot depth (feet) 100 100 Front yard (feet) 35 35 1 side yard (feet) 15 15 Both side yards (feet) 25 25 Rear yard (feet) 35 35 Minimum livable floor area (square feet 850 450 per dwelling unit) Off-street parking spaces (per dwelling 2 2 unit) Land area for yield (square feet per 10,000 10,000 dwelling unit) Land area density bonus for small rental n/a 5,000 units in a MIFDU Tenant occupied development. (sq.ft. / dwelling unit <850 sq.ft. up to 50% of the total # of units in the development) B. The Planning Board shall have the authority to reduce or amend yard setback requirements, lot dimension requirements, parking requirements, and highway specifications. In making this decision, the Planning Board shall take into consideration the benefit to the applicant, as weighed against the detriment to the health, safety and welfare of the neighborhood or community. In making such determination, the Planning Board shall also consider: (1) whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the amendments; (2) whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than the sought variance; (3) whether the variance is substantial; (4) whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and (5) whether the alleged difficulty was self-created, which Southold Town Meeting Agenda - August 26, 2014 Page 36 shall be relevant to the decision but shall not necessarily preclude the proposed amendment or variance. This provision supersedes and amends New York State Town Law §§267, 267-a, 267-b and 267-c insofar as these sections give such authority to the Zoning Board of Appeals. Any amendment to highway specifications shall meet with the approval of the Highway Superintendent. §280-29. Application procedure. A. Application and fees. The application for rezoning shall be filed with the Town Clerk, in a form approved by the Town Board and available in the office of the Town Clerk. Fees applicable to the AHD zoning application shall be set by resolution of the Town Board. B. Application procedure. The procedure for approval of any future development in a proposed AHD District shall involve a three-stage review process as follows: (1) Approval by the Town Board of a preliminary development concept plan. (2) Approval of the final, detailed subdivision plat or site plan by the Planning Board. In an AHD zone, §280-137(A)(5) is inapplicable and the allowable density of MIFDUs shall be determined by the following yield calculation: (a) Buildable land (square feet) divided by the minimum land area per dwelling unit = number of MIFDUs. (3) The zoning classification by the Town Board of a specific parcel or parcels of land for development in accordance with that plan.* §280-30. General regulations and requirements. H. If more than one MIFDU exists on a single lot, the dwelling units must either all be owner occupied or tenant occupied units. 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-2014-735  Yes/AyeNo/NayAbstainAbsent Adopted  Adopted as Amended  Robert Ghosio  Defeated  James Dinizio Jr  Tabled  William P. Ruland Withdrawn Supervisor's Appt Jill Doherty  Tax Receiver's Appt Louisa P. Evans  Rescinded  Scott A. Russell Town Clerk's Appt  Supt Hgwys Appt  Southold Town Meeting Agenda - August 26, 2014 Page 37 No Action  Lost  VI. PUBLIC HEARINGS 1. PH 8/26/14 @ 7:32 PM LL/Chapter 236 Amendments 2. PH 8/26/14 @ 7:32 PM LL/Chapter 280 Amendments, Affordable Housing District