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HomeMy WebLinkAboutTB-08/26/2014 ELIZABETH A.NEVILLETown Hall,53095 Main Road TOWN CLERK a�o��gufFp(ficoGy PO Box 1179 4 Southold,NY 11971 REGISTRAR OF VITAL STATISTICS o Fax(631)765-6145 MARRIAGE OFFICER y�Jpl �aox Telephone: (631)765 - 1800 RECORDS MANAGEMENT OFFICER southoIdtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING August 26, 2014 7:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, August 26, 2014 at the Meeting Hall, Southold,NY. Call to Order 7:30 PM Meeting called to order on August 26, 2014 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Organization Title Status Arrived Robert Ghosio Town of Southold Councilman Present James Dinizio Jr Town of Southold Councilman Present William P. Ruland Town of Southold Councilman Present Jill Doherty Town of Southold Councilwoman Present Louisa P. Evans Town of Southold Justice Present Scott A. Russell Town of Southold Supervisor Present Elizabeth A. Neville Town of Southold Town Clerk Present Martin D. Finnegan Town of Southold Town Attorney Present I. Reports 1. Recreation Department Monthly Report 2. Southold Town Budget Report 3. ZBA Monthly Report 4. Town Clerk Reports 5. Planning Board Monthly Report II. Public Notices 1. Mattituck Airbase Site (Southold, Suffolk Co.) 2. NYS Governor's Office August 26, 2014 Page 2 Southold Town Board Meeting III. Communications IV. Discussion 1. 9:00 Am -Jamie Richter, Michael Collins & Jeff Standish 2. 9:15 Am -Jeff Standish 3. 9:30 Am - Leslie Weisman 4. Helicopter and Fixed Wing Noise 5. LL/Chapter 280, Zoning in Connection with the Affordable Housing District 6. LL/Chapter 236, Stormwater Management Amendments 7. Motion To: Motion to Enter Executive RESOLVED that the Town Board of the Town of Southold hereby Enter into Executive Session at 10:24 AM for the purpose of discussing the following matters: Proposed Property Acquisition/s, Publicity of which would substantially affect the value thereof Matters Involving Employment of Particular Person/s Update on CSEA Negotiations Litigation—Attorney/Client Privilege RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell 8. EXECUTIVE SESSION - 11:00 Am - Melissa Spiro, Land Preservation 9. EXECUTIVE SESSION - Labor 10. Motion To: Motion to Exit Executive RESOLVED that the Town Board of the Town of Southold hereby Exit/Recess from this Executive Session at 12:03PM. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell 11. Justice Louisa Evans -FI Waste Management August 26, 2014 Page 3 Southold Town Board Meeting 12. Motion To: Recess 9:00 AM meeting RESOLVED that the Town Board of the Town of Southold hereby Recess this 9:00 AM meeting of the Town Board at 12:03PM until the Regular 7:30PM Meeting of the Southold Town Board. RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER:Jill Doherty, Councilwoman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Pledge to the Flag Motion To: Reconvenes 9:00 AM meeting RESOLVED that the Town Board of the Town of Southold hereby reconvenes the 9:00 AM meeting of the Southold Town Board at this 7:30PM Regular Meeting of the Southold Town Board. RESULT: ADOPTED [UNANIMOUS] MOVER: Scott A. Russell, Supervisor SECONDER:William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Special Presentation Michael Collins Opening Comments Supervisor Russell SUPERVISOR RUSSELL: Please rise and join in the Pledge of Allegiance. Thank you. At this point, I would offer anybody the opportunity to speak on any of the agenda items. Okay, what we are going to do is we are going to quickly explain the project that is known as the Bay Avenue Bridge out in East Marion. We have our Town Engineer, Michael Collins, who is going to come up and explain it. Michael Collins MICHAEL COLLINS: This map explains what is going to happen when we reconstruct the bridge over Marion Lake on Bay Avenue. This detour is not yet in effect, this will not go into effect until after Labor Day and in fact the detour route itself is not yet constructed, we just wanted to give people a heads up. The day after Labor Day the highway department and I will be out there constructing the detour, which will go from South Lane over private property and approach the bridge area from the south side as opposed to the north. We will be doing construction immediately after Labor Day, the signs on Route 25 will not go up until the bridge demolition actually occurs. So even though there will be work on these roads preparing it, we won't be closing the bridge until we actually need to demolish it. it is that simple. The route will just be simply straight south from Old Orchard Street until you get to South Lane east and August 26, 2014 Page 4 Southold Town Board Meeting from there you will be able to access Rabbit Lane and all the other residences on the other side of the lake. SUPERVISOR RUSSELL: And I think you just said it but just so everybody understands, the anticipated finish date when the road will be open again? MR. COLLINS: Right, this project will be completed by December 31. Supervisor Russell SUPERVISOR RUSSELL: Certainly anybody that has questions, whether in the audience or watch channel 22, about this specific project are free to call me any day of the week. Okay? Thank you very much, Michael. Minutes Approval RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesda ,June 03,2014 ✓Vote Record-Motion Yes/Aye No/Nay Abstain Absent Robert Ghosio Seconder 0 ❑ ❑ ❑ 0 Accepted James Dinizio Jr Voter E1 ❑ ❑ ❑ ❑ Accepted as Amended William P.Ruland Voter 0 ❑ ❑ ❑ ❑ Tabled Jill Doherty Voter 0 ❑ ❑ ❑ Louisa P.Evans Mover 0 ❑ ❑ ❑ Scott A.Russell Voter 0 ❑ ❑ ❑ RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesda ,June 17,2014 ✓Vote Record-Motion Yes/Aye No/Nay Abstain Absent Robert Ghosio Seconder 0 ❑ ❑ ❑ 0 Accepted James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Accepted as Amended P William P.Ruland Voter 0 ❑ ❑ ❑ ❑ Tabled Jill Doherty Voter 0 ❑ ❑ ❑ Louisa P.Evans Mover 0 ❑ ❑ ❑ Scott A.Russell Voter 0 ❑ ❑ ❑ V. Resolutions 2014-700 CATEGORY• Audit DEPARTMENT. Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated August 26 2014. ✓Vote Record-Resolution RES-2014-700 0 Adopted Yes/Aye No/Nay Abstain Absent 0 Adopted as Amended August 26, 2014 Page 5 Southold Town Board Meeting ❑ Defeated Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Tabled James Dinizio Jr Seconder 0 ❑ ❑ ❑ ❑ Withdrawn William P.Ruland Voter ❑ ❑ El ❑ ❑ Supervisor's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P.Evans Mover 0 ❑ ❑ ❑ ❑ Rescinded Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 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 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Voter 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter El ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-702 CATEGORY: Close/Use Town Roads DEPAREVENT: Town Clerk Road Closure for the Douglas Moore Music Festival Financial Impact: Cost to Police = $197.52 August 26, 2014 Page 6 Southold Town Board Meeting 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 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter D ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Mover 13 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Seconder 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter El ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter El ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-703 CATEGORY: Budget Modification DEPARTMENT.• Accounting Orient by the Sea Road Improvement District Budget Modification Financial Impact: Correct keypunch 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 DB 1.9730.6.000.000 B.A.N., Principal 120 Total $3,120 To: DB 1.9730.6.000.000 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 El Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended 0 Defeated Robert Ghosio Voter Rl 0 0 0 August 26, 2014 Page 7 Southold Town Board Meeting ❑ Tabled James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Withdrawn William P.Ruland Seconder 0 ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P.Evans Voter El ❑ ❑ ❑ ❑ Rescinded Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 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 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Robert Ghosio Voter El ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Roland Mover 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder El ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action 0 Lost August 26, 2014 Page 8 Southold Town Board Meeting 2014-705 CATEGORY.• Special Events DEPARTMENT.• Town Clerk Fireworks Permit for Peconic Landing at Southold, Inc. 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:OOPM (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 El Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn Robert Ghosio Seconder 121 ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Roland Voter El ❑ ❑ p ❑ Rescinded Jill Doherty Voter p ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Mover El ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter El ❑ ❑ ❑ ❑ 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/da Detention Attendants 8.00 Guards 8.00 Traffic Control Officers 8.00 August 26, 2014 Page 9 Southold Town Board Meeting Maintenance Mechanics 8.00 Lifeguards 6.50 Recreation Specialists 6.50 Beach Attendants 6.50 Beach Manager 7.00 ✓Vote Record-Resolution RES-2014-706 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Roland Voter El ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ 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 fireworks display on Saturday, August 30, 2014 at 10:00 P.M. (Rain Date: August 31,2014) 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 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Defeated James Dinizio Jr Mover El ❑ ❑ ❑ ❑ Tabled William P.Ruland Voter Rl ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A.Russell Voter 0 ❑ ❑ ❑ 0 Rescinded August 26, 2014 Page 10 Southold Town Board Meeting ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 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 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ William P.Ruland Seconder D ❑ ❑ ❑ ❑ Tax Receiver's Appt ❑ Rescinded Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-709 CATEGOR Y.• Attend Seminar DEPARTMENT: Police Dept Police Department-Conference Request August 26, 2014 Page 11 Southold Town Board Meeting RESOLVED that the Town Board of the Town of Southold hereby grants permission to Chief Martin Flatlet/ 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.3 120.2.600.225(meetings and seminars). ✓Vote Record-Resolution RES-2014-709 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Withdrawn James Dinizio Jr Voter D ❑ ❑ ❑ ❑ Supervisor's Appt ❑ Tax Receiver's Appt William P.Ruland Mover D ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ 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 Scouts Troop 6 to hold its 25th 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 0 Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Tabled James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Withdrawn William P.Ruland Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P.Evans Mover 0 ❑ ❑ ❑ ❑ Rescinded Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt August 26, 2014 Page 12 Southold Town Board Meeting ❑ No Action ❑ Lost 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 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Voter 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-712 CATEGORY. Surplus Equipment DEPARTATENT. 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 2FAHP71 W33X212137 August 26, 2014 Page 13 Southold Town Board Meeting Be it further RESOLVED that the Town Board authorizes and directs the Town Clerk to advertise for the sale of same. ✓Vote Record-Resolution RES-2014-712 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Seconder D ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter 0 ❑ " ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ 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 0 Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated ❑ Tabled Robert Ghosio Voter 0 ❑ 11 ❑ Withdrawn James Dinizio Jr Voter 0 ❑ ❑ ❑ William P.Roland Seconder 0 ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty Mover D ❑ ❑ ❑ ❑ Tax Receiver's Appt ❑ Rescinded Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action August 26, 2014 Page 14 Southold Town Board Meeting ❑ Lost 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 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled - - Robert Ghosio Voter EI ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ 11 Tax Receiver's Appt William P.Roland Mover 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter El ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-715 CATE,GORY.• Surplus Equipment DEPA.RTW-1U. 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 2FAHP71 W76X102325 August 26, 2014 Page 15 Southold Town Board Meeting Be it further RESOLVED that the Town Board authorizes and directs the Town Clerk to advertise for the sale of same. ✓Vote Record-Resolution RES-2014-715 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Robert Ghosio Seconder El ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt James Dinizio Jr Voter El ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Voter 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Mover D ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter El ❑ ❑ ❑ ❑ 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 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Robert Ghosio Mover El ❑ ❑ ❑ ❑ Defeated James Dinizio Jr Voter D ❑ ❑ ❑ ❑ Tabled William P.Ruland Voter 0 ❑ ❑ ❑ ❑ Withdrawn 11 Supervisor's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P.Evans Seconder 0 ❑ ❑ ❑ ❑ Rescinded Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt August 26, 2014 Page 16 Southold Town Board Meeting ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2014-717 CATEGORY: Budget Modification DEPARTIVENT: 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 that the Town Board of the Town of Southold hereby authorizes the 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 21 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated Robert Ghosio Voter 23 ❑ ❑ ❑ Tabled James Dinizio Jr Mover 10 ❑ ❑ ❑ ❑ Withdrawn William P.Roland Seconder 0 ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty Voter ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P.Evans Voter D 0 ❑ ❑ August 26, 2014 Page 17 Southold Town Board Meeting ❑ Rescinded Scott A.Russell Voter El ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ 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 RESOLVED that the Town Board of the Town of Southold hereby authorizes 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 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Roland Voter 10 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Mover El ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter El ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Seconder El ❑ ❑ ❑ ❑ No Action ❑ Lost Comment regarding resolution 718 SUPERVISOR RUSSELL: Before we vote I just want everyone to know that that figure you see there, Betty had actually secured a grant for the town paying for the software. COUNCILMAN RULAND: Thank you, Betty. 2014-719 CATEGORY.• Refund DEPARTMENT: Town Clerk August 26, 2014 Page 18 Southold Town Board Meeting 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 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 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter Z ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter El ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Mover El ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter El ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder El ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 21 ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-720 CATEGORY. Bid Acceptance nEPARTMEATT.• 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 August 26, 2014 Page 19 Southold Town Board Meeting 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 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 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Robert Ghosio Seco 0 ❑ ❑ ❑ ❑ Defeated nder ❑ Tabled Vote ❑ Withdrawn James Dinizio Jr r El ❑ ❑ ❑ _ ❑ Supervisor's Appt William P.Ruland Vote 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt r ❑ Rescinded Jill Doherty Vote Q ❑ ❑ ❑ r ❑ Town Clerk's Appt ❑ Supt Hgwys Appt Louisa P.Evans er 0 11 ❑ ❑ No Action Vote ❑ Lost Scott A.Russell r 21 ❑ ❑ ❑ 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: August 26, 2014 Page 20 Southold Town Board Meeting 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 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 Q Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended R ❑ Defeated Robert Ghosio er 0 ❑ ❑ ❑ ❑ Tabled Vote James Dinizio Jr 0 ❑ ❑ ❑ ❑ Withdrawn r ❑ Supervisor's Appt William P.Ruland Vote ❑ ❑ ❑ ❑ Tax Receiver's Appt _ r ❑ Rescinded Jill Doherty Vote ❑ ❑ ❑ ❑ ❑ Town Clerk's Appt - ❑ Supt Hgwys Appt Louisa P.Evans Seco 0 nder ❑ ❑ ❑ ❑ No Action Vote Scott A.Russell D ❑ ❑ ❑ ❑ Lost r 2014-722 August 26, 2014 Page 21 Southold Town Board Meeting 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 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 El Adopted ❑ Adopted as Amended ❑ Defeated __ Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter E1 ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Mover El ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Seconder D ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter R1 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter a ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter D ❑ ❑ ❑ ❑ 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 August 26, 2014 Page 22 Southold Town Board Meeting Appropriations: A.9901.9.000.100 Transfer to Capital Fund $13,600 and be it further RESOLVED that the Town Board of the Town of Southold hereby increases the following Capital Proiect in the 2014 Capital Fund as follows: 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 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Seconder 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-724 CATEGORY. Employment-Town DEPARTMENT.• Town Clerk Appoint Secretary to Tree Committee RESOLVED that the Town Board of the Town of Southold hereby appoints Carol Hydell to the position of Secretary to the Southold Town 375th 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. August 26, 2014 Page 23 Southold Town Board Meeting ✓Vote Record-Resolution RES-2014-724 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Mover El ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter El ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ 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 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter El ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Voter 0 ❑ ❑ ❑ ❑ Rescinded .till Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-726 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk August 26, 2014 Page 24 Southold Town Board Meeting Reappoint Phyllis Atkinson to the Southold Town Board of Assessment Review RESOLVED that the Town Board of the Town of Southold hereby reappoints Phyllis Atkinson to the Southold Town Board of Assessment Review effective October 1, 2014 through September 30, 2019. ✓Vote Record-Resolution RES-2014-726 10 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Mover El ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter El ❑ ❑ ❑ 11 Tax Receiver's Appt William P.Ruland Voter D ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter IZI ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder a ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter ❑ ❑ ❑ ❑ ❑ 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 Q Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated Robert Ghosio Voter ❑ ❑ ❑ ❑ ❑ Tabled El Withdrawn James Dinizio Jr Mover El ❑ ❑ ❑ ❑ Supervisor's Appt William P.Roland Voter IZI ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder IZI ❑ ❑ ❑ ❑ Rescinded Louisa P.Evans Voter Z ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A.Russell Voter D ❑ ❑ ❑ ❑ Supt Hgwys Appt 0 No Action August 26, 2014 Page 25 Southold Town Board Meeting ❑ Lost 2014-728 CATEGORY.• Public Service DEPARTMENT. Town Clerk 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 0 Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Voter 0 ❑ ❑ ❑ Jill Doherty Mover D ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt Louisa P.Evans Seconder EI ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter EI ❑ ❑ ❑ ❑ 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. August 26, 2014 Page 26 Southold Town Board Meeting ✓Vote Record-Resolution RES-2014-729 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Mover 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ 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 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Seconder. 0 ❑ ❑ ❑ � ..-- ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Voter 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-731 CA'T'EGORY. Public Service DEP.ARTME/N'T. Town Clerk August 26, 2014 Page 27 Southold Town Board Meeting Quiet Skies to East Hampton Town Board WHEREAS, the Town of East Hampton is the proprietor and operator of the East Hampton Airport; and 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 proprietary 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 10 Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated Robert Ghosio Mover El ❑ ❑ ❑ ❑ Tabled ❑ Withdrawn lames Dinizio Jr Voter El ❑ ❑ ❑ ❑ Supervisor's Appt William P.Roland Voter El ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter El ❑ ❑ ❑ ❑ Rescinded Louisa P.Evans Seconder EI ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A.Russell Voter El ❑ ❑ ❑ ❑ Supt Hgwys Appt 0 No Action August 26, 2014 Page 28 Southold Town Board Meeting ❑ Lost 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 0 Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn Robert Ghosio Voter ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Mover RI ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Roland Seconder 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter EI ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ 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. August 26, 2014 Page 29 Southold Town Board Meeting ✓Vote Record-Resolution RES-2014-733 0 Adopted ❑ Adopted as Amended ❑ Defeated _ __ Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter 2 ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Seconder 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-734 CATEGORY. Enact Local Law DEPA.RTIVENT. Town Clerk Enact LL, Chapter 236, Stormwater WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 29th day of July, 2014, a Local Law entitled "A Local Law in 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 Law entitled, "A Local Law in relation to Amendments to Chapter 236, Stormwater Management" reads as follows: LOCAL LAW NO. 9 of 2014 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 236, Stormwater 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. August 26, 2014 Page 30 Southold Town Board Meeting II. Chapter 236 of the Code of the Town of Southold is hereby amended as follows: §236-5. Definitions. CONSTRUCTION ACTIVITY 44 Activities involving land disturbance of 5,000 square feet or more including 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.;-anWer-(2) dice,ar-ges from,. nstFuetio ae fi .:t., rip 0 10 00 1 o as ameor-nded sea distuFbanee of one or-more aeres unless determined other-wise by the DepaFtmen-t. ^r T^w,. of Se tko14-.-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 pefmipermanent 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 i., ufs of any st,,fm event p „a,,,.ing 0.5 ie of pr-eeipitatien or-more. Inspection reports shall be maintained in a site log book. August 26, 2014 Page 31 Southold Town Board Meeting §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 (post-construction stormwater runoff controls) as set forth in §236-20(C)(2) 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) St V 1mYG+erfrom land development activity assoeia4edwith single- family homes direedy dise,ar-ging to 303(d) segments ; roe by pellutants related to land development aetivities as identified in the Nev. Yefk State Tlo...,Ame t of lam', yir-.,,,,nent,1 (`ensefy tie CDTII~Q g r-ai i Viii c.�GUGv r�cpur o 0 ofer- , as afnended;,S (5) tw.,,-,,,w .� ter , f; „ff ..,.v, 1.,n development ., aet; ;t y ;.ate witl, single t✓j �� family residential subdyisins dir-ee ly thiel a,-. ing to 303(.1) segments impaired by pellaat.an4s felated to land development .aetiy ties as i e„t;fi 7 111 GNew11Ci ti e York State Do,..,,,.t., e L'.-t of yi-,,,,,.,,ental Gensefi afioll SPDES general 0for- 1), as 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 21 Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent Robert Ghosio Seconder 2 ❑ ❑ ❑ 0 Defeated August 26, 2014 Page 32 Southold Town Board Meeting ❑ Tabled James Dinizio Jr Voter El ❑ ❑ ❑ ❑ Withdrawn William P.Ruland Voter p ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P.Evans Mover ❑ ❑ ❑ ❑ ❑ Rescinded Scott A.Russell Voter 21 ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2014-735 CATEGORY. Enact Local Law DEPARTMENT.• Town Clerk Enact LL/Chapter 280, Affordable Housing District WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 6th day of August, 2014, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with the Affordable Housing District" , and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefore, be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with the Affordable Housing District" which reads as follows: LOCAL LAW NO. 10 of 2014 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with the Affordable Housing District". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. 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: August 26, 2014 Page 33 Southold Town Board Meeting 4280-25 Definitions. For the pufpese of this aftiele, the following ,i= t phrases and words s s .,l�e the following 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, 401 k, 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 August 26, 2014 Page 34 Southold Town Board Meeting assets shall not include sheltered assets, trusts, Individual Retirement Accounts (IRAs), 401 Ks 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 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: (A) 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- (b) Tenant-occupied MIFDUs may either be attached or detached, or any combination thereof. /1 dwelling, o may be leased e time by the owner-fesperiod od not eater than (Z) Two amil7dwellings whieh shall be oeetipied by the ownef of the dwelling, may be leased one time by the owner-for-a period not greater-than two years wit Multiple dwellings. (4) Row or-attaehed dwellings fOl IE)Wi a„ts• Lal The a apartment shall be 1.,e ted i the pfineipal building, (b) The owner-of the existing dwelling shall oeeupy one of the dwelling units as the owner's p-ineipal r-esidenEe. The other-dwelling unit shall be for year-round eeeupaney to an eligible per-son as defined by legislation and a ;.7eneea by ., written lease for- ., tor.,-, of one or-more years. August 26, 2014 Page 35 Southold Town Board Meeting (e) The apaAfnent shall eentain not less than 350 square feet and shall not emeeed a square footage equal to one half the total enelesed square footage (d) A minimum of one eff street par-king spaee shall be pr-evided. (2) Not more than one aeeessrofapaAment shall beprovided persingle fmily dwelling (f) Nvtmvre than 500% of h : ppreva.l�.mall have-aecesri6ry apa `ments. (B)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(1)) and the following conditions: a) The accessory apartment shall be located within the MIFDU. b) Only one accessory partment 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 accessorygpartment shall be at least one.year. f) The accessory partment 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 ap rp oved Affordable Housing District shall have accessory apartments. §280-28. Bulk, area and parking regulations. A. 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: Single Family Two Family Multiple Minimum Requirements Dwellings— Dwellings Dwellings -Total lot area (squarefeet) 10,000 20 nnn quo hotwidth(feet) 80 1 nn 150 hot depth (feet) 1 nn 140 200 Front-`yarrd-(fee- 5 35 45 1 "�,a d (feet) 15 15 20 Both side yards (feet) 25 30 40 Rearyafd (feet) 35 35 45 August 26, 2014 Page 36 Southold Town Board Meeting Livable floor-area (squar-e feet 850 600 600 —per-dwelling) —(peg dwelling) Land area(squafe feet per- 10,000 10,000 10,000 dwelling unit) Lot seveFage (peFceRt� 20% 25% 25% 96o i,,d i rTgheight 35 35 35 Number-o;stems 2�4 2114 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 August 26, 2014 Page 37 Southold Town Board Meeting 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 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 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Defeated James Dinizio Jr Voter El ❑ ❑ ❑ 11 Tabled William P.Roland Seconder 0 0 0 0 August 26, 2014 Page 38 Southold Town Board Meeting ❑ Withdrawn Jill Doherty Voter D ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P.Evans Mover ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A.Russell Voter El ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost VI. Public Hearings PH 8/26/14 @ 7:32 PM LL/Chapter 236 Amendments COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 29th day of July, 2014, a Local Law entitled "A Local Law in relation to Amendments to Chapter 236, Stormwater Management" 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 Southold Town Hall, 53095 Main Road, Southold,New York, on the 26th day of August,2014 at 7:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 236, Stormwater Management" reads as follows: LOCAL LAW NO. 2014 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 236, Stormwater Management". BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. 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. 11. Chapter 236 of the Code of the Town of Southold is hereby amended as follows: §236-5. Definitions. CONSTRUCTION ACTIVITY 4-) Activities involving land disturbance of 5,000 square feet or more including disturbances of less than 5,000 square feet that are part of a larger common plan August 26, 2014 Page 39 Southold Town Board Meeting 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- t' 't' „thor-iz.,tien under-the CPDES r t:m t for- stofmwater- disehar-ges from eonstmetion etiy ,t. GP n 10 00 1 or as amended or ro ed These CPDES fmit .,etiy;ties ..,hide a nstmetio r Bets resulting in lnad distur-banee foneor-mor-e aer-esunless dety a other-wise by the De mtfne fl.t or-Tevffi of South 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 pit 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. X236-9. 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 I1 and/or IIl, 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 111, §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 an), st,,,.m event ,,,1,,,ing 0.5 ;neh of pr-eeipitatien 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 August 26, 2014 Page 40 Southold Town Board Meeting (post-construction stormwater runoff controls) as set forth in §236- 20(C)(2) 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) SteFmwater-rdneff from land development aetivit-y asseeiated with single- polluta-pAs related to land development aetivities as identified in the Nev., York State Tlop.,«tme t of 1~, yir-,,.,.ne t.,l !''ense,-y tie SPD ..,..;t for-. nstfuetio .,etiy;ties (GP 0 10 00 ) as amended-. (5) Stofmwater-mnoff from land development aetivity asseeiated with single family sidetil subdivisions dir-eed), disehar-. ing to 303(1) segments impaired by pollutants related to land development aetivities as identifi in the New York State Depaftw,oit of Enyir-,,,,ne t.,l r''ensefy tie 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. I have here the notice of public hearing. I have an affidavit of posting from the Town Clerk's bulletin board, signed and notarized. I also have an affidavit of publication in the Suffolk Times newspaper. Also notarized. I do have a letter here from the Planning Board stating that the proposed action has been reviewed to the New York State Department of Environmental Conservation regulations and it is their determination that pursuant to section 617.5 C 27, the action is a type Il action and therefore is not subject to SEQRA review. And I do have a letter here from the LWRP coordinator. "The proposed local law has been reviewed to Chapter 268, August 26, 2014 Page 41 Southold Town Board Meeting Waterfront Consistency Review of the Town of Southold town code and the local waterfront revitalization program policy standards. It is my recommendation that the proposed action is consistent with the LWRP and therefore is consistent with the LWRP." I do have a letter from the Suffolk County Department of Planning received on August 201h "Pursuant to the requirements of the Suffolk County administrative code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter of local determination and there is no apparent significant county-wide or inter-community impacts. The decision of local determination should not be construed as either an approval or disapproval." SUPERVISOR RUSSELL: Would anybody like to comment on this particular local law now? (No response) RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell PH 8/26/14 @ 7:32 PM LL/Chapter 280 Amendments,Affordable Housing District COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 6th day of August, 2014, a Local Law entitled "A 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, Southold,New York, on the 26th day of August,2014 at 7:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with the Affordable Housing District" reads as follows: LOCAL LAW NO. 2014 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in 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: August 26, 2014 Page 42 Southold Town Board Meeting 4280-25 Definitions. For-the purpose of-this-cai4iele, the f 11e.,ing tofms,plff see and we,--ds shall have the f 11...,ing 3t 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 August 26, 2014 Page 43 Southold Town Board Meeting 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), 401 Ks 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 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. (T7 One family ,letaehe.l d ,elli*g which shall he o e.l by the owner- of'the 1' dwelling1 0 l y be lease one time by the owner- f .�rperiodnot gFe tor_thafl. t., year-swith written appr-oval of'the Sp al Dr ets Co r-dinet� ql Two .,, f tly dwellings L,ie shall be o e.a by the owner- of dwelling, or may he leased one time by the owner-for- . pefied not ., enter than two yeafs with written ., .nl of the Special proieets Coordinator- August 26, 2014 Page 44 Southold Town Board Meeting 1(2717 Multiple dwellings (41RowDw o alta hed dwellings L (�T�epAs afe peEmitted within the —ineipal building only, subje t to the followin-r „.n„4o• (a) Thea aveeeesseer-y taps`Ament shallm ve loeatc'la-'in the pr-ineipal building, (h) The owner-of the existing dwelling shall oceupy one of the dwelling„nits as the owner's prineipal r-esid2nee The other dwelling „it shall be !eased for-tear round oeoupaney to a eligible per-son s defined hoz this legislatie and as i.leneed by a written lease for- a term of one or-f or-e years. ( The apaFtment shall eontain of less than 350 square and anshall noexet ee.l a square footage a ,al to one half the total enelese.l square footage of the prineipal dwelling and shall not eopAain mor-e than one bathfoem. (d) A minimum of'one off street parking spaee shall he provided. (e) Net fnvrethanone aeEes'Sefy apartment sh lall be previded per—single f:,...,ily dwelling. (f) Not f e than SO-% ef h.,.,,es : an appr-eved A 14D shall have aeeessery apaAments. (2) Accessory uses. (1) Accessory uses as set forth in and regulated by §280-13C(l), (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 dwellingor r the accessoryapartment as the owner's primary residence. d) The accessory partment shall only be occupied b aeligible 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 partment 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. August 26, 2014 Page 45 Southold Town Board Meeting §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 Sehedule Single Family Two-Family multiple Minimum Requirements Dwellings Dwellings DwellinV Tonal letarea(squarefeet) 10,000 20 nnn 40,000 La width(feet) 80 i no i Lot depth(feet) i0o 140 200 Front yar-d (feet) 35 35 45 Both side yards (feet) 25 30 40 Rear-yar-d (f 35 45 Livable floor-area (squer-e feet 850 600 600 per-dwelling) (per-dwelling) Land area(square feet per- 10,000 10,000 10,000 dwelling unit) Let eeveFage (peFeeRt` 2096 25% 2�°io Building height s [ 35 35 -5 n' H'1fTPTIT�TATJte��rJ 2-72 274- 214 Bulk,Area and Parking Schedule Minimum Requirements MIFDU Owner- MIFDU Tenant- Occupied Occupied August 26, 2014 Page 46 Southold Town Board Meeting 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 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. August 26, 2014 Page 47 Southold Town Board Meeting 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. I have a notice that this was posted on the Town Clerk's bulletin board. I also have a notarized affidavit of publication in the Suffolk Times. I have a letter from the Planning Board and I will read it briefly. "Thank you for the opportunity to provide comments on the above local law to amend chapter 280. These amendments are important to ensure that more options become available for the creation of housing for our residents of moderate income. The amendments accomplish this by simplifying the permitted uses, clarifying the potential for an all rental model for development at the same density as an owner-occupied model and improving the application process through allowing the yield to be calculated rather than mapped. Simplifying the permitted uses and making them specific to the zoning district provides clarity to an applicant about the options for development. In addition, while an all-rental model technically could have been accomplished in the code previous to these amendments, there was conflicting language that made it unclear. Providing a calculation for the yield also provides clarity to the applicant and is more cost effective than having to produce a yield plan. All of these amendments improve the overall process for creating affordable housing and we hope will result in more housing being created under this zoning district." I do have a letter here from the LWRP coordinator, where they found this to be a type II action and therefore is not subject to SEQRA review. And finally I have another letter from LWRP finding it consistent with the LWRP August 26, 2014 Page 48 Southold Town Board Meeting policy standards and there consistent with the LWRP. And finally I have a letter from the Suffolk County Planning Commission, "Pursuant to the requirements of section A 14-14 to 14- 25 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval." And that is it. SUPERVISOR RUSSELL: I would invite anybody that would like to comment on this particular local law to please feel free. CHUCK MOGUL: Chuck Mogul, Cutchogue. A couple of questions. Number one, why didn't we have the actual code available here tonight so we could review it before the vote? I know it is at the clerk's office but it should have been here as well. TOWN ATTORNEY FINNEGAN: It is on the agenda. SUPERVISOR RUSSELL: Actually, it is located right in the agenda. MR. MOGUL: It is? SUPERVISOR RUSSELL: 735. MR. MOGUL: For instance, there is no description, detailed description as to the AHD district. SUPERVISOR RUSSELL: The description with regard to the Affordable Housing District? MR. MOGUL: Yes. Where is the AHD district? SUPERVISOR RUSSELL: We don't have, it is a floating zone. It is an overlay zoning that basically when someone comes in with a proposal that is accepted by the town, we overlay that zoning onto whatever the underlying zoning might be. But there is a great deal of criteria that go into that zoning. MR. MOGUL: Yeah but we should be able to see that. SUPERVISOR RUSSELL: But there is no map of it. the projects will come in one at a time and they will all be subject to a public hearing, basically a code hearing. So there is no area, there is no one specific parcel right now that's proposed for affordable housing. MR. MOGUL: Okay. The problem with affordable housing if of course, the cost of the land. And of course finding a builder, probably a non-profit that is willing to do it, as they did in Mattituck. Very difficult at best. So even though we are making these modifications, it doesn't necessarily mean we are going to get more affordable housing out of this. August 26, 2014 Page 49 Southold Town Board Meeting SUPERVISOR RUSSELL: It might now. Look, I think the model that was in Mattituck was fine but I think it is probably an unrealistic model in the future. I think the lack of grants and subsidies at federal, state and county level are just not going to be there. MR. MOGUL: That's right. SUPERVISOR RUSSELL: I think this is going to have to be a solution that will hopefully be more or less solved by private industry, builders. But then you have to have serious discussions about density. Under the current density and the lack of public sewers, I don't think the density per acre is going to make too many of the projects feasible but it doesn't mean that we are not trying to look at every opportunity that comes in the door. MR. MOGUL: Right. Okay, thank you. SUPERVISOR RUSSELL: Would anybody else like to comment on this local law? Ray? RAY HUNTINGTON: Good evening, Ray Huntington, Cutchogue. I would like to, well, first of all I have no doubt that many would like to see more young people in our town, so this is a positive. But many would also agree that government has a poor record of legislating social `improvements' particularly at the national level. Less so at the local level because you are closer to it and that is a plus but up island we have seen an abundance of failures in affordable housing over the years. A couple of things mark those failures, one, absentee landlords and that's part of this legislation. And another is the concentrations that come with it or at least have come with it up island. Big projects, no management, no supervision of the investment what's on site and being close to things is good management. We are moving in an opposite direction here. Of course, on the good side of this I guess you could say that you would, well first of all, let me say that I am sure you recognize as you worked on this that the move is not without risk. We have risk here, so how can we mitigate that risk? And what assurances do we have, well, maybe I used the wrong word. Assurances isn't perhaps what can be applied here but how can we, what does the, what's in the legislation that augers away from concentration and away from absentee landlords or at least puts controls on those landlords so that they would behave in a way that they would if they were on site. I don't see much in the legislation that does that. of course, we don't have many affordable housing districts but that's another part of the concentration picture. There is nothing in the code that limits how many we could have as we just pointed out, if a person makes a proposition, it would be considered by the board and perhaps passed. And I suppose this is where the board's judgment as to how many we can tolerate comes into play. But certainly that does, that's a factor that downstream is going to count a lot. So the bottom line is, what does the board think it can do beyond the legislation to affect the performance of an absentee landlord and to minimize concentration or actually looking at it in a positive way, to distribute this around town, distribute affordable housing around town so that it becomes a strand in our fabric and not a wart. SUPERVISOR RUSSELL: Can I address some of the issues you just raised? Or do you still have more? August 26, 2014 Page 50 Southold Town Board Meeting MR. HUNTINGTON: I have no more. SUPERVISOR RUSSELL: Okay. MR. HUNTINGTON: I don't know whether it is appropriate but I would like to hear your thoughts as well. SUPERVISOR RUSSELL: It is more than appropriate, it's why we are here. I will just speak to the issue of the no limit on AHD or Affordable Housing District zoning. There is currently no limit now so that scenario could play out in, under any administration, that you could simply create as many AHD zones in the concentrated area as you want. This doesn't change that equation. What it does is it looks at affordable housing a little bit more realistically. The notion of being able to build these communities and try to build yourself out of a crisis, it's people, younger people having a much more difficult time getting mortgages, they are not finding the type of career employment that they need in Southold Town but at the end of the day, when you look at the list, many of these people what they need is starter housing. What they need is a place to live and be able to develop some equity so they can step into the regular market. We have an affordable housing commission that will have oversight here, we also have a Town Board that will have oversight. Any type of management agreement or assurances that these properties are maintained, maintained well and that they are kept to their original mission which is to house people who qualify for affordable housing can all be spelled out in these proposals as they come forward. There's no current assurances either, we have already tried to address some of the affordable housing zoning by limiting resale, I think we certainly can do this for any new proposal with regard to the intent of this. MR. HUNTINGTON: Yes. What powers does the coordinator have? SUPERVISOR RUSSELL: The coordinator? He is an administrator. I am not sure he has singular authority, he is an administrator. Generally all of the proposals come to the Town Board... MR. HUNTINGTON: Does he clear the person who is applying or? SUPERVISOR RUSSELL: Well, we have a qualifying list and that has to go through a fairly rigorous qualification guideline, I think ultimately, don't they get independently approved by, when there are subsidies available? TOWN ATTORNEY FINNEGAN: If there are.... SUPERVISOR RUSSELL: If there are subsidies available but they also have to be screened by HUD or the qualifying organization like CDC built in Mattituck. TOWN JUSTICE EVANS: But it is not just an income for affordable housing, there is a priority list of living and working in the town and then I think it comes down to living in the town. August 26, 2014 Page 51 Southold Town Board Meeting SUPERVISOR RUSSELL: I would also mention we changed it a few years ago so that the first priority would be people living in the school district. TOWN JUSTICE EVANS: Yes. SUPERVISOR RUSSELL: If you are going to create 15 apartments for 15 people that live in Mattituck, there's,the people are already there. MR. HUNTINGTON: That addresses the tenant as it were, what addresses the landlord? SUPERVISOR RUSSELL: Those would be management agreements and conditions upon which the approval would be given and we would have to make sure they are enforceable provisions. COUNCILWOMAN DOHERTY: And they are reviewed yearly. MR. HUNTINGTON: By the administrator? COUNCILWOMAN DOHERTY: By the town, by the administrator, yes. MR. HUNTINGTON: So if the performance should go downhill, there is a penalty of some kind? SUPERVISOR RUSSELL: When you say performance, you mean the property management? MR. HUNTINGTON: Yes. SUPERVISOR RUSSELL: Yes, that is something that we would have to address at any proposal. A management agreement, certain conditions that need to be met and an enforcement mechanism for them. MR. HUNTINGTON: That sounds good, I think can prove very important. Thank you. SUPERVISOR RUSSELL: Sure. Would anybody else like to address the Town Board on this particular local law? (No response) RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Closing Comments Supervisor Russell SUPERVISOR RUSSELL: I would open up the opportunity for anybody to comment on any issue to please feel free? August 26, 2014 Page 52 Southold Town Board Meeting Lori Hollander LORI HOLLANDER: I would like to discuss a different kind of rental issue. I would like to address the Board regarding the problem created by the escalating short term rentals on the north fork. And I just have something I would like to read. SUPERVISOR RUSSELL: Sure,please. MS. HOLLANDER: The popularity of the north fork has been growing rapidly as can be seen from all the articles in the New York Times, Financial Times, Forbes magazine, USA Today and the frequent TV ads on New York 1. Due to these advertisements combined with the ease with which people can now post their homes for rent for as little as one day with the internet services such as HomeAway, Air B&B and Vacation Renter by Owner which is BRBO and the fact that the Hamptons have amended their code to severely restrict such short term rentals, the problems are now beginning to shift to our residential communities on the north fork. Today I looked online and BRBO has 88 rentals in Southold, 61 in Greenport, 29 in East Marion, 24 in Mattituck, 23 Jamesport, Orient 14, Peconic 10 and Laurel 7 and that is only one of the sites. Anyone living in a residential neighborhood can now find themselves living next to an unregulated, unsupervised B & B or transient hotel. People renting for short periods of time are often here to party and are sometimes not concerned with the well-being of the neighborhood they are renting in. Can Southold amend its code to protect its residents as the Hamptons has done by limiting and regulating the short term rentals before the situation gets out of hand? And I am not talking about people renting for a month or more than two weeks, I am talking about people who come and rent for a day or two days or a week or four days. So that's my concern and I am asking the Board how can you help us go forward with changing the code or looking at this issue? SUPERVISOR RUSSELL: Would anybody else like to speak on any issue? UNIDENTIFIED: Inaudible. MS. HOLLANDER: There have been numerous articles, I have been collecting them and I have a whole folder about the problems that East Hampton is dealing with and how they are dealing with them and if anybody is interested I can give you copies but they are dealing with it, they are. COUNCILMAN GHOSIO: I find it interesting that you came here today about this because the first time I had anybody talk to me about this particular issue was two weeks ago and it was some folks in Southold who are experiencing problems with this, so apparently there must be an uptick because.... MS. HOLLANDER: Inaudible. TOWN CLERK NEVILLE: Can you come back to the microphone please? Otherwise we can't transcribe it. August 26, 2014 Page 53 Southold Town Board Meeting MS. HOLLANDER: What's happening is it is escalating like crazy because of the online sites and the people that don't know about it now, I think very shortly they are going to know about it because of the Vacation Rent by Owner and the HomeAway, the statistics on how these agencies have grown are astronomical. And as a matter of fact, four weeks ago I put an editorial in the paper and in that same paper, page 16 in the north fork section, they list a house in Southold that was just bought and this house is now being taken over now by HGTV to show people how to buy a house, fix it up and live rent free. I mean, this, I think this is going to be a big thing. And it, it has been such a problem in the Hamptons that they put restrictions on it, they have changed their code. COUNCILMAN GHOSIO: Well, what I did was, after I had gotten that phone call, I did look into that particular incidence and I did a little bit of research and without getting into the particulars of it, I was a little taken aback by the ad that I saw advertising for the ability to put 10 people in the home. MS. HOLLANDER: Oh, yeah(inaudible) COUNCILMAN GHOSIO: There is also a right of way associated with this so these folks can have access to beach and water. So I would tend to agree and I did bring it up. I think it is something that the Board may have to look into as time goes on. I think that you are right, there may be a problem growing that we at least need to be aware of. MS. HOLLANDER: Well, these are unregulated situations. I had limos with girls groups, like bachelorette parties and they are just unregulated and it is dangerous. COUNCILMAN DINIZIO: I just want to say something, I just want to say that I invited most of these people here. They are all from my neighborhood, my street and.... SUPERVISOR RUSSELL: We are sorry. COUNCILMAN DINIZIO: But I just want to, before you speak, I see the house that she is talking about and you know, being involved with the town as long as I have been, we have always tried to protect our neighborhoods not necessarily from strangers but from having this type of thing. I mean, we created the bed and breakfast a long time ago and we insisted that it be owner occupied. We insisted that parking spaces be made available for the people that come. Then we do apartments nearly the same way. They go before the ZBA, the ZBA is making sure they have enough room in the house, making sure they have enough escape routes, the ladder throw-out, I mean these are people that are not new, they are strange to the neighborhoods, there always going to be problems yet this particular problem which is described in our code but it is under transient motel is allowed in a resort/residential zone not a residential zone. And you know, although I am not as enthusiastic as my neighbors about it, I see it. There were four cars in front of that house, there is a driveway, it is about a 70 foot lot, maybe. I don't think it's a 100 foot lot. So there's enough for two cars in the driveway, the other ones are parking out, along with the people that park at the beach that want to go to the beach, they park way down near these people so they can walk up to the beach because there are signs up there saying they can't August 26, 2014 Page 54 Southold Town Board Meeting park. You know, the street gets a little crowded during the weekends. I just wanted you to know. Adrienne Greenburg ADRIENNE GREENBURG: My name is Adrienne Greenburg from Greenport. Actually Lori said most of what I was going to say. I was going to start by saying would you like to be sitting in your home and all of a sudden you have 3-4 cars, you have a mini-bus pull up right across the street from you and people pour out. They expect to be there throughout the night, making noise, drinking, doing whatever and then they leave. Or they stay overnight and then they leave afterwards. And you begin to worry, I would like to know that I can walk out of my house and I know who my neighbors are and I feel safe. And I think that's the most important thing we want from our homes, we want to feel safe. And if all of a sudden you know you are going to have transients every single weekend showing up for a weekend, it is not a safe feeling. We don't have fences because we haven't needed fences. We don't want to have to build them. Anyone could walk onto my property, I can walk onto my neighbor's properties. But we wouldn't, that wouldn't, if I knew that I was going to have my neighbors business right next door, I would have to do something about it to protect myself. Our neighbor felt it necessary to supplement her income. I am sure she is not paying taxes as a commercial district. She has really changed the tranquility, the health, the safe neighborhood environment and these are phrases that come directly out of East Hampton as they changed their code, their zoning code because of the restrictions that had to be made on rentals for fewer than two weeks. So I would ask that,just as Mr. Ghosio has indicated, this is kind of new and he was kind of surprised that more of it was happening, if Lori is able to go on-line and get a whole bunch in our own neighborhoods of daily rentals, weekend rentals, you go on-line and find out what is available in your neighborhood, on your block. If it is not there today, it will be. I think Lori is going to give you, she made copies of the East Hampton uses and dimensions change in their zoning. So you might want to take a look at it, we have really spoken around it but I don't think we have to read the whole thing. COUNCILWOMAN DOHERTY: We have started looking into this, and we do have, Martin has gotten copies of the East Hampton code and the Quogue, East Quogue, I think, code and Southampton and we are starting the discussion and looking into this. So I appreciate your comments. COUNCILMAN GHOSIO: In the interest of full disclosure, I did say at the beginning of my remarks that it was ironic that you would be here to discuss this since I had already heard about this from somebody a couple of weeks ago. For those who know that I do live in the same neighborhood as Jim, I had no idea he invited you here. So it wasn't quite as ironic as I thought it was. COUNCILMAN DINIZIO: You are on the other side of the lot. SUPERVISOR RUSSELL: I just also, in the interest of full disclosure, I had never anticipated the type of problem this would be, I had actually in the beginning of May had entertained the notion and had a tentative deal with a property manager that would offer my site. I am currently struggling to pay a mortgage and rent and I thought it would be at least an opportunity to cover part of the mortgage. Ultimately it was never executed and I never rented it but I had always August 26, 2014 Page 55 Southold Town Board Meeting envisioned a light, occasional use on the site. I first became aware of it when I spoke to the East Marion association, they certainly alerted me to the problem, I had no idea it existed so far and wide in Southold. Ms. Hollander MS. HOLLANDER: I want to be very clear, I am not trying to stop people from renting their house, it is just, what I am talking about is when people are renting it for one day, two days, a week. What they did in East Hampton is they passed a law saying you cannot rent your house for less than two weeks more than twice in a season. So if somebody is coming for three weeks, if they are coming for the month, then they are going to be more conscious of the neighborhood, it is going to be a different kind of, I think, not always of course but mostly they would be more responsible, I think. When somebody is coming for a weekend, they are coming usually to party. And I am quoting articles in the East Hampton. So I just want to be very clear that I am not trying to stop people from renting their house, it is just this short term issue. SUPERVISOR RUSSELL: Thank you. Who else would like to address the Board on this or any issue? Peter Terranova PETER TERRANOVA: Peter Terranova, Peconic. On the same subject, very interesting, I didn't realize it was going to be brought up but you know, in Southold Town we are all struggling with the helicopter noise and from what I have read and researched on it, a lot of the increase of the helicopter noise has come about from the smart phone apps that give people the opportunity to walk down the street and say gee, I am going to the Hamptons tonight, let me see if there is an empty street and they are getting discounts, and this is, you know, encouraging all of the increase in helicopter traffic, I believe it was 40 % over last year. now that I think about it and I am not a smart phone guy but somebody could be out here doing the winery tour and say, on their smart phone app and say, hey, look at this, there's a property at XYZ, instead of going back to the city, let's drink a little bit more and crash. So I think what they are bringing up here tonight, I think this is something that as technology has changed, we need to be abreast of that, I think that this is something that the Town Board should take a serious look at. as much as I hate governmental interference, you know, leave well enough alone and let the free market, but you know what? When it is interfering with our quality of life, okay, and the reasons why we live out here, then I think the Town Board should look at it. Thank you. COUNCILMAN DINIZIO: This particular house, this particular one that is on my street, is on a lot that is 70 feet wide, so it doesn't lend itself to say a 1 acre lot would be where, you can kind of hide what is going on. And that's a particular problem to our particular neighborhood and again, it tends to get overcrowded. It just feels as though if we are going to regulate B&B's, we are going to regulate apartments, we just did the AHD, you know, got to be owner occupied, the whole 9 yards, yet this kind of basically a motel gets to open up, this particular house, I know because I basically grew up with the people that owned that house. There were no more than four people in that house at any one time, this house can be rented to nine people according to what you read on line. So you know, they like the idea, they look at the grapes, they can, they are really pushing it real well and they really make it sound really nice but I think there are some August 26, 2014 Page 56 Southold Town Board Meeting limits we have to put on it and again, I don't like to have laws either, especially ones you probably can't enforce but you know, we think we need to have that discussion. SUPERVISOR RUSSELL: Well, I just wanted before you speak, is to get that message loud and clear that Jim Dinizio spoke for this Board when he said if you have an acre, you can hide what's going on. That's the message we want to get out there. Chuck Mogul CHUCK MOGUL: Chuck Mogul, Cutchogue. I am a local realtor and I want to reiterate what Lori just said. There is an uptick in request for short term rentals on the north fork. I would say it doubled in the last year. Doubled. I go into my office and I get two or three on my desk a day. It's ridiculous. I don't service them. Some people do. But it is getting out of hand. So I agree, we have to look at something to control it. Thank you. SUPERVISOR RUSSELL: Thank you. Who else would like to address the Town Board? Hugh? Hugh Switzer HUGH SWITZER: Hugh Switzer from Peconic. I would like to talk to you about Goldsmiths Inlet. I was going to give you a quick update on the progress we are making to save the inlet, and the short answer is we are making no progress. Pollution levels continue to rise, sand keeps filling in, the depth of the water in the inlet is going down, Autumn Lake which is attached to the inlet for drainage has turned basically into a swamp. The question would be, we have tried to do everything we can, since January we have been making recommendations to the Board as to how they can use the grant money that has been approved and available but is going to run out at the end of December. And we haven't heard anything back about that, we understand that there is some interest in having the army corps of engineers take a look at the inlet but their scoping study says all they are going to do is look at the shoreline, so we were wondering what the Town Board, individually or collectively, was thinking about doing? What actions will be taken? SUPERVISOR RUSSELL: We were actually going to meet on site with the army corps of engineers to discuss their scope and discuss evaluating not just the shoreline but the inlet itself as part of the scope. But one thing I will say, Hugh, I owe you a phone call, I know you tried to reach me a few times because we are going to have a small meeting with the engineers and Mark Terry and I haven't gotten back to you and I am sorry for that. MR. SWITZER: When was this on site meeting going to take place? SUPERVISOR RUSSELL: I don't know, I could probably get a date for you either from Jamie or Mike tomorrow. I don't know when they are coming out but I think they are going to do an on site fairly soon. MR. SWITZER: So they have not committed at all to including the inlet in their study? August 26, 2014 Page 57 Southold Town Board Meeting SUPERVISOR RUSSELL: No, I think the whole idea is the scoping, is to come out. They have a broad scope, the idea is to look at the particulars or the town's concerns. That is the time the town would raise the issues we want looked at. MR. SWITZER: Okay. and obviously our concern is from reading the scope, Goldsmiths inlet area is rated as the lowest priority, it is the 4th problem area and the way the army corps of engineer projects sometimes, not often, work is they run out of money before they get past the most important so, even if they do commit and that is the first step, you would be h olding their feet to the fire to actually accomplish what they commit to. And I assume there is an intention to do that. SUPERVISOR RUSSELL: We are certainly going to try to put our list of priorities on the table, absolutely. MR. SWITZER: Is it possible we could join that on-site meeting? SUPERVISOR RUSSELL: Why don't you contact me tomorrow? I don't know what the army corps protocol is for that but call me tomorrow and I will find out for you. MR. SWITZER: Okay, thank you. SUPERVISOR RUSSELL: Sure. MR. SWITZER: Is that the only action we are going to be taking? SUPERVISOR RUSSELL: I can tell you with the budget I proposed to this Town Board includes money for dredging next year as it has every year. But again, we are going to sit down and talk about phase 3 that you had proposed to this Town Board. We are going to sit down and have a discussion about that and what's tenable and what's not. As part of phase 3. MR. SWITZER: Thank you. I just want to go on record as saying, we have been trying, again, do something about that conversation since January. SUPERVISOR RUSSELL: I understand. MR. SWITZER: It's August, the money is going to run out in December. It's disappointing. Is there anything else that anybody is going to do to work on Goldsmith's inlet? COUNCILMAN GHOSIO: Inaudible. SUPERVISOR RUSSELL: No, we didn't. MR. SWITZER: I just wanted to make a point about the dredging. First I want to acknowledge the Town Board for attempting to do things to help Goldsmith's inlet but I do want to make the point about the dredging and that is we have been dredging for a long itme and we have been August 26, 2014 Page 58 Southold Town Board Meeting dredging narrow, wide, deep, short, wide, up the channel, back the channel. All we have got is more pollution, all we have got is more sand, dredging is not the answer. Judging by everybody's best efforts. And according to the consultants that the town has hired, dredging is not going to stop the sand no matter what kind of dredging you do. not going to stop the sand from coming in and the pollution increasing. So I just want to make the point that we appreciate your best efforts but don't count on dredging to do anything except maybe give a short term.... SUPERVISOR RUSSELL: We have never represented dredging to be a solution but merely a year to year approach on how to address it. in fact, many times in the past you had asked to make sure that dredging got done for that stopgap measure. But like I said at the Peconic Community Center, probably close to a year ago, the problem we have there is to find the least erroneous answer to an unanswerable question. What to do? studies themselves, and you know we looked at adopting the last study that hadn't been adopted by a previous Board and Peter raised issues that was valid. It was stale, it was dated. The technology, the data wasn't there to act on, it aged. It aged out. So looking to update that or do that, it was simply cost prohibitive to undertake a new study like that. now we certainly made substantial financial commitments and other commitments of town resources and staff over the years to Goldsmiths and we will continue to do that. we will just hopefully, going to be able to glean some of what to do from the army corps study. MR. SWITZER: Just, again, caution you all, you know with best efforts and spending money at Goldsmith's inlet that for example, the latest armoring that was done on that short stretch next to Mill Lane, that is already being undermined, it is being scoured out. I will wait to hear from you, Scott. SUPERVISOR RUSSELL: Thank you. George Alderoft GEORGE ALDCROFT: My name is George Aldcroft, I live on Mill Lane, I have lived there for 35 straight years. I have watched that inlet slowly but surely deteriorate. The last 5 years and have wanted to be on the Group to Save Goldsmith's Inlet. What we have wanted to do with the town is we said, look, we will hire a consultant, we have not made any money. We have taken our money, got a consultant to help the town come up with a management program to try to figure out what are we going to do with the inlet? Inaudible. I am concerned that in a number of years and everything I am reading about, okay, if you take a look, once it becomes to such an extent that you can't change it anymore because the water flow isn't there, you are going to have like a cesspool in there. if any of you want to walk and you are going to go down with the town, take a look at Autumn pond and the phragmites are completely growing around that inlet. We have taken 100 tons or something like that, I am scheduling and I say I because we work with, I am one of the ones, we plan the cleanups. We have done 10 of them, we are going to probably do as many as we can, take whatever we can out of that inlet. But there is some stuff we can't do with the phragmites but I am worried about, I just saw a picture of the inlet and I was talking to one of the ladies who lives down the block, her grandfather lived there, she used to be able to jump off the dock of her house. You are talking it's only this deep at low tide. And the highest spot in the center of the inlet and your inlet is this size, it's about this size, it's 6 feet deep at high tide. Now how far does it have to go down when all of a sudden you say we don't have enough August 26, 2014 Page 59 Southold Town Board Meeting water flow anymore to stop the algae from growing and there are six spots where nitrogen comes into the (inaudible) from overflow. You have got all the pipes from your studies. So you get to a point after, well, you can't do anything with it. and my feeling is at least I would like to know, even if we have got money left in some of the study okay, let's stay we can't and it closes down, what's going to happen? I don't think we have springs there, there are some places that have natural springs that will feed it and then it becomes a freshwater pond although, you know it dies in between and everything that will be in there, you will never be able to clam again, you will never be able to have the osprey, I mean, and we will lose everything that we have of this natural environment. As far as I know, it is the only one that I know of along the north coast that there are no boats in, nothing. And you kind of have to make a decision what do we want to do with this natural, beautiful environment that we have that is now protected from homes being around it, you know, gasoline and everything like this being in there. we also as a group tried to come up with lists of things that you can do to stop putting nitrogen etc on your lawns etc. and the only thing is, we are asking, can you give us as much help as possible. One, if there is money left, can we use some of that money to continue, instead of giving it back to the state, let's see if we can use it to see whatever we can do to keep that water clean and second of all, if the army corps of engineers takes over, then you please at least somehow get that whole aquifer area, Autumn pond and all that included as part of it and not just coastal water. And that's what I would hope you'd be able to do for us. Thank you. Jill Franke JILL FRANKE: Hi, Jill Franke, Southold. A couple of questions, I see you are having a deer meeting tomorrow at 10:00 on the front steps of Town Hall. How come that is on the front steps? SUPERVISOR RUSSELL: That is a press conference and we were going to have it inside here but the meeting hall was spoken. MS. FRANKE: Okay. And I would like to revisit the last meeting, are you our police commissioner? SUPERVISOR RUSSELL: The six of us are. MS. FRANKE: All six of you are. And not one of you had an answer to Mr. Ruland of what type of weapons you were buying for $17,000 for the police department? SUPERVISOR RUSSELL: No, we didn't. I think he got an answer. COUNCILMAN RULAND: Yes, we did get an answer. MS. FRANKE: May I ask what kind of weapons we are buying? COUNCILMAN RULAND: They were rifles. MS. FRANKE: For the Southold Town police department? August 26, 2014 Page 60 Southold Town Board Meeting COUNCILMAN RULAND: Yes. MS. FRANKE: How come that wasn't on the, discussed at the work session in the morning? COUNCILMAN RULAND: The Chief's response was that he had inadvertently left it off. He did supply us with an apology and the information. MS. FRANKE: Okay. And I know you had discussed that you didn't want to go into the past because you can't change things, Mr. Dinizio and Jill, however you learn things and don't mistakes from revisiting the past. Mr. Dinizio, you had asked me for some information, I have it here for you in regard to positions. Here's, I have a letter dated March I Ith from Christine Foster that they would not interview me. They asked me to come to an interview for a job and then they would not interview me. This is a resolution that was passed for Lori McKiernan, resolution 667. We were both number 619 on the Suffolk County list with a score of 90. I was not canvassed. She was hired. This one was, I am number 31 on the Suffolk County list with a number of 95 and this other woman was 143 on the Suffolk County list with a 90 and I was not canvassed. And there is another one here. So this is the information you requested. COUNCILMAN DINIZIO: Thank you. do you want the answer from here? You want me to give you an answer? MS. FRANKE: Inaudible. SUPERVISOR RUSSELL: Is that a total of two positions that we just discussed, because I know.... COUNCILMAN DINIZIO: I will find out for you Jill, whatever it is, okay. MS. FRANKE: That was for and there have been other positions since that I have not been canvassed for and I am on the list. SUPERVISOR RUSSELL: I know the last position we filled, we didn't canvass, we posted. And we interviewed, I didn't participate in the interviews but I suspect there are about 7 or 8 applications. MS. FRANKE: What was that for? SUPERVISOR RUSSELL: That would have been the position that we filled in the Planning Department. COUNCILMAN DINIZIO: Inaudible. MS. FRANKE: Okay, because I have that and I was going to ask you if you could explain to us cause this was resolution 498 where you had hired Amy Maguire-Burns as an assessment clerk. So if you could explain your procedure of how you go about hiring and appointing or whatever August 26, 2014 Page 61 Southold Town Board Meeting because I pay to take Civil Service tests and you are on the list and you don't get canvassed. And people under me are being hired, so if you could explain. SUPERVISOR RUSSELL: That was a provisional position that we posted, we got several applications. I didn't participate in the interview, so you would have to ask the Board members but I think there were 8 or 9 people that were canvassed. It is not uncommon for someone who is already here part-time to have the opportunity to go full-time. They already have the experience. MS. FRANKE: What is your, that letter I just gave to Mr. Dinizio dated March 11"' asked me to come in for an interview for a position Monday through Friday, I called and I was told, I said I could not come Monday, I could come Tuesday through Friday. I was told if I did not come on Monday, I would not be interviewed. And John Cushman was very rude, he was very nasty, I was not interviewed and I see you hired the woman that was in there part-time as full-time, she was over me on the list, I understand that. But why would you mail me out a letter telling me I could come for an interview if that's what you were doing? So basically it was a promotion for her. SUPERVISOR RUSSELL: Okay, I will certainly get to the bottom as to why, that you were told that you couldn't be interviewed any other day but Monday. I will find out. COUNCILMAN DINIZIO: That's why I asked for this. I will find out. MS. FRANKE: And you know, you passed the resolution that Tuesday, I said I could come in Tuesday and he told me no, if I didn't come in Monday I understand because but you don't send somebody out a letter telling them they can come Monday through Friday and then you hire somebody for the position, so how do you, what are your rules for doing that? Was it a promotion for her? And you just had to advertise as per civil service? So you did, you sent out canvass letters knowing full well that you were going to give the job to her? SUPERVISOR RUSSELL: Which position are we talking about? MS. FRANKE: That's the one in the building department. SUPERVISOR RUSSELL: That was the building department. That was the part-timer that was already there. MS. FRANKE: Right. And she was made full-time. SUPERVISOR RUSSELL: Yes. That was a, there was a position that had been vacated by an employee who left. MS. FRANKE: Yes. And you had sent out letters to canvass people, then I was told I could not come and then you appointed her or hired her full-time. which I understand that, she was over me on the list. But was it a promotion for her? August 26, 2014 Page 62 Southold Town Board Meeting SUPERVISOR RUSSELL: Just from part-time to full-time. MS. FRANKE: Well, that's what I am asking you. can you explain how you follow civil service guidelines or whatever? Because... SUPERVISOR RUSSELL: I think the list was canvassed, the people that applied or that were reachable were interviewed and she was reachable. Again, I didn't sit in on that interview either but.... MS. FRANKE: Well, I didn't have an opportunity to be interviewed.... SUPERVISOR RUSSELL: We posted, we follow civil service rules, we post it to the employees. MS. FRANKE: Well, I got a canvass letter and I was told I couldn't come to be interviewed. SUPERVISOR RUSSELL: You deserve an answer to that. COUNCILMAN DINIZIO: I will find out for you, Jill, honestly. I am not familiar with the hocus pocus that is the job hiring practices of public employees. MS. FRANKE: Well, maybe Scott can enlighten us all on your hiring practices. COUNCILMAN DINIZIO: I will tell you what, it is a very complicated thing, I would like to be able to sit down, write down that procedure and be able to explain it to you in a comprehensive manner. I mean, you certainly have the right to know why, if you got a letter that said you had to be here, that you could be interviewed anytime that week, that Monday had to be the day. You certainly have the right.... MS. FRANKE: I mean, that's the first time in four years I have been canvassed. And then told that I couldn't come to the interview anyway. COUNCILMAN DINIZIO: Well, I will find out what their procedures are. I don't know. Honestly. They are very confusing to me. I will find out for you and then I will know. Okay? MS. FRANKE: Thank you. Supervisor Russell SUPERVISOR RUSSELL: Would anyone else like to address the Town Board on any issue? (No response) Motion To: Adjourn Town Board Meeting August 26, 2014 Page 63 Southold Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 8:50P.M. Eliza eth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Robert Ghosio, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell