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Home My WebLink AboutTB-05/03/2016 ELIZABETH A. NEVILLE ,'"oFour- Town Hall, 53095 Main Road TOWN CLERK .. � PO Box 1179 = a, Southold,NY 11971 ti �y REGISTRAR OF VITAL STATISTICS 1."6 �,,, °I "7Fax(631)765-6145�� MARRIAGE OFFICER :y'#o1 �a° Telephone: (631)765 - 1800 RECORDS MANAGEMENT OFFICER `- „„ southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING May 3, 2016 4:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, May 3, 2016 at the Meeting Hall, Southold,NY. Call to Order 4:30 PM Meeting called to order on May 3, 2016 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Organization Title Status Arrived James Dinizio Jr : Town of Southold ' Councilman Present William P. Ruland Town of Southold Councilman Present Jill Doherty ` Town of Southold Councilwoman Present RobertGhosio Town of Southold : Councilman Present Louisa P. Evans ° Town of Southold Justice Present Scott A. Russell Town of Southold Supervisor Present Elizabeth A. Neville Town of Southold I Town Clerk Present William M Duffy ; Town of Southold Town Attorney Present I. Reports 1. NFAWL Quarterly Performance Report 2. Monthly Budget Report 3. Landing Tracking Report II. Public Notices 1. S.C. Dept of Economic Development & Planning Southold Town Board Regular Meeting page 2 May 3, 2016 III. Communications IV. Discussion 1. 9:00 Am -Agata Adamczuk & Jeff Standish 2. 9:15 Am - Jeff Standish & Denis Noncarrow 3. 9:30 Am - Jamie Richter 4. 10:30 Am - Mary Wingate, S.C. Community Dev., Tanya Palmore, N.F. Housing Alliance & Denis Noncarrow 5. To be Rescheduled 6. Fishers Island Ferry District 7. Amendments to Affordable Housing District 8. ID Cards for the Group for the East End 9. EXECUTIVE SESSION-Proposed Property Acquisition/S, Publicity of Which Would Substantially Effect the Value Thereof 10. EXECUTIVE SESSION -Labor- Matters Involving Employment of Particular Person/S 11. EXECUTIVE SESSION- Litigation 12. Amendment of the Number of Southold Town Tree Committee Members 13. Dump Permit Costs 14. Motion To: Motion to Enter Executive RESOLVED that the Town Board of the Town of Southold hereby Enter into Executive Session at 11:02AM for the purpose of discussing the following matters: Proposed Property Acquisition/S, Publicity of Which Would Substantially Effect the Value thereof Labor- Matters Involving Employment of Particular Person/S Litigation Claim of Mattern against FIFD RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell 15. Motion To: Motion to Exit Executive Southold Town Board Regular Meeting page 3 May 3, 2016 RESOLVED that the Town Board of the Town of Southold hereby Exit/Recess from this Executive Session at 12:44PM. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell 16. 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 12:44PM until the Regular 4:30 PM Meeting of the Southold Town Board. RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Opening Comments Supervisor Russell SUPERVISOR RUSSELL: Please rise and join in the Pledge of Allegiance. Thank you. Before we get to the business of the meeting, I would like to invite our Tree Committee Chairman, Dave Cichanowicz, who would like to present some awards to some very talented young people. Jill Doherty serves as our liaison to that committee, so I am going to pass these to her and give her the honor of handing them out with Dave. 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 4:30PM Regular Meeting of the Southold Town Board. RESULT: ADOPTED [UNANIMOUS] MOVER: Scott A. Russell, Supervisor SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Special Presentation Southold Town Tree Committee DAVE CICHANOWICZ: Chairman, Southold Town Tree Committee. Welcome everyone. This is our annual poster contest award ceremony. We started this many years ago, to get the children of Southold Town more involved with what Arbor Day is about and how important it is to keep our community green. Special thanks to Peggy Murphy, who is our liaison person, she coordinates with the schools, all the activities, worksheets and everything else that we do. This week we are sending Tree Committee representatives to the schools to do a little presentation, hand out the seedlings, which you will see upfront here, work sheets, bookmarks and all of that, Southold Town Board Regular Meeting page 4 May 3, 2016 just to educate everyone on what Arbor Day is all about. So what we do is we offer this to all the schools in Southold, grades 5 and 6, they come up with their own ideas of what Arbor Day represents to them. We pick out the winner from each of the schools, as far as honorable mentions and all of the schools, the Tree Committee selects what we feel is the best, without really looking at what school or who they are. We just look at the poster. But anyway, let's start with the awards. First, Fishers Island is not here today, they couldn't make it over, Mary Suprenant, a 5th grader from Fishers Island. I am sure Louisa would be happy to deliver this for us. JUSTICE EVANS: I would be happy to. I have some bookmarks to take over,too. MR. CICHANOWICZ: Great. The honorable mentions get a $50 gift card from the Southold Tree Committee. Next on our list, from Cutchogue East, a 5th grader, Claire Paetzel, is she here? This is for you. Congratulations. Which poster is yours? Excellent. Thank you. From Oysterponds, Skylar Mysilborski. Congratulations. Where is your poster? Thank you. Good job. Excellent job. And then we have from New Suffolk School, Robert Cooper, 6th grade. Here you go, Robert. Congratulations. Where is your poster? Thank you very much. Good job. And now for the overall winner from all the schools, Hannah Taggart, 6th grade. Congratulations. There is a $100 gift card for you. Also, a tree will be planted on her behalf at the school, this Friday I believe. Your class will help us plant it where the school superintendent wants it. COUNCILWOMAN DOHERTY: I neglected to say what the Town Board is handing out, it's a certificate of congratulations presented to each winners, it says, "The Southold Town Board congratulates you for receiving the winning entry in the Southold Town Tree Committee poster contest. The entire community greatly appreciates your efforts to inspire others to plant and nurture trees in Southold Town." And it is signed by the Supervisor of Southold Town, Scott Russell. SUPERVISOR RUSSELL: Can we have all the winners come back up here so we can get a picture with the Tree Committee? Now, concluding that, I would like to get on with the regular business of the agenda. And let me tell you, kids, you just witnessed the most exciting part of this agenda. Would anybody like to address the Town Board on any of the proposed agenda items? (No response) V. Resolutions 2016-420 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated May 3, 2016. Southold Town Board Regular Meeting page 5 May 3, 2016 V Vote Record-Resolution RES-2016-420 El Adopted O Adopted as Amended 0 Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled o Withdrawn James Dinizio Jr Voter l ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland , Voter 21 0 0 0 ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder E1 0 0 ❑ o Town Clerk's Appt Louisa P Evans , Mover 0 ❑ 0 ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 21 0 0 ❑ ❑ No Action ❑ Lost 2016-421 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Next Town Board Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, May 17,2016 at the Southold Town Hall, Southold, New York at 4:30 P.M. ✓Vote Record-Resolution RES-2016-421 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye , No/Nay Abstain Absent ❑ Tabled - _ ❑ Withdrawn James Dinizio Jr ' Voter El 0 0 0 ❑ Supervisor's Appt William P Ruland Voter El ❑ ❑ 0 ❑ Tax Receiver's Appt Jill Doherty Voter El 0 0 0 ❑ Rescinded Robert Ghosio Seconder El ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Mover Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter El 0 0 0 ❑ No Action ❑ Lost 2016-422 CATEGORY: Employment-Town DEPARTMENT: Accounting Attend Seminar Southold Town Board Regular Meeting page 6 May 3, 2016 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Janice Foglia, Payroll Supervisor, and Christine Foster, Secretarial Assistant, to attend the New York State Retirement System Employer Education Seminar in Riverhead,NY on May 25, 2016. All expenses for registration and travel to be a legal charge to the 2016 budget (meetings and seminars). ✓Vote Record-Resolution RES-2016-422 O Adopted O Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent O Tabled ❑ Withdrawn James Dinizio Jr Mover 0 0 0 0 ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder D ❑ 0 ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 0 0 i 0 ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ O No Action O Lost 2016-423 CATEGORY: Employment-Town DEPARTMENT: Accounting Establish Annual Wage for Seasonal Police Officers WHEREAS the New York State Retirement System Tier 6 legislation requires employers to determine an Annual Wage for individuals who work Part-Time, Seasonal or on an Hourly, Daily or Unit of Work Basis, and WHEREAS the Town Board has determined that it should formally establish an Annual Wage for Seasonal Police and Fire Retirement System Tier 6 members, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby establishes a 2016 Annual Wage of$13,318.40 for Seasonal Police Officers. ✓Vote Record-Resolution RES-2016-423 O Adopted -- - - ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated James Dinizio Jr Voter 0 0 0 ❑ ❑ Tabled William P Ruland Seconder 0 0 ❑ ❑ o Withdrawn fill Doherty Mover 0 0 0 ❑ ❑ Supervisor's Appt Robert Ghosio Voter 0 0 0 0 ❑ Tax Receiver's Appt Louisa P Evans Voter 0 ❑ ❑ 0 ❑ Rescinded Scott A Russell Voter 0 0 0 ❑ 0 Town Clerk's Appt O Supt Hgwys Appt Southold Town Board Regular Meeting page 7 May 3, 2016 ❑ No Action O Lost 2016-424 CATEGORY: Employment-Town DEPARTMENT: Accounting Amend Resolution Number 2016-397 RESOLVED that the Town Board of the Town of Southold hereby amends Resolution No. 2016-397 dated April 19, 2016 to read as follows: RESOLVED that the Town Board of the Town of Southold hereby appoints the following individuals to the position of Traffic Control Officer for the Southold Town Police Department, effective May 14, 2016, through September 18, 2016 at a rate of$16.46 per hour. Brian Cassidy Kayla Healy George Lessard III Patrick Robbins Alexander Sinclair ✓Vote Record-Resolution RES-2016-424 21 Adopted O Adopted as Amended 0 Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dinizio Jr ' Voter E 0 0 ❑ LI Supervisor's Appt William P Ruland Mover 0 0 0 ❑ Tax Receiver's Appt Jill Doherty Voter 0 0 0 0 ❑ Rescinded Robert Ghosio Voter E ❑ 0 ' 0 ❑ Town Clerk's Appt Louisa P Evans Seconder E 0 ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell s Voter E ❑ 0 0 ❑ No Action ❑ Lost 2016-425 CATEGORY: Employment-Town DEPARTMENT: Accounting Police Department-Appoint Seasonal Police Officers Southold Town Board Regular Meeting page 8 May 3, 2016 RESOLVED that the Town Board of the Town of Southold hereby appoints the following to the position of Seasonal Police Officer for the Town of Southold Police Department, effective May 14,2016 through September 18, 2016 at a rate of$20.81 per hour. Steven Ficner Shawn Williams ✓Vote Record-Resolution RES-2016-425 ll Adopted ❑ Adopted as Amended 0 Defeated Yes/Aye No/Nay Abstain ; Absent ❑ Tabled ❑ Withdrawn James Dinizio Jr Voter l 0 0 ❑ ❑ Supervisor's Appt William P Ruland Voter D ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter El ❑ ❑ ❑ 0 Rescinded Robert Ghosio Seconder El ❑ 0 0 ❑ Town Clerk's Appt Louisa P Evans Mover El 0 0 0 ❑ Supt Hgwys Appt Scott A Russell Voter El ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-426 CATEGORY: Employment-Town DEPARTMENT: Accounting Acknowledges Retirement Vickie DeFriest WHEREAS, the Town of Southold has received email notification on April 22, 2016 from the NYS Retirement System concerning the retirement of Vickie DeFriest effective May 7, 2016, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby acknowledges the retirement of Vickie DeFriest from the positions of Deputy Tax Receiver and Tax Cashier effective May 7, 2016. ✓Vote Record-Resolution RES-2016-426 El Adopted Yes/Aye No/Nay Abstain , Absent ❑ Adopted as Amended - James Dmizio Jr Voter El 0 ❑ ❑ O Defeated William P Ruland Voter 0 0 0 ❑ ❑ Tabled Jill Doherty Voter El 0 0 0 ❑ Withdrawn ❑ Supervisor's Appt Robert Ghosio Mover El ❑ 0 0 ❑ Tax Receiver's Appt Louisa P Evans Seconder. El 0 0 0 ❑ Rescmded Scott A Russell Voter El 0 0 ❑ O Town Clerk's Appt Southold Town Board Regular Meeting page 9 May 3, 2016 ❑ Supt Hgwys Appt ❑ No Action O Lost 2016-427 CATEGORY: Budget Modification DEPARTMENT: Police Dept Police Department-Donation Financial Impact:Donation: Copius RESOLVED that the Town Board of the Town of Southold hereby modifies the 2016 General Whole Town Budget as follows: Revenues: A.2705.40 Gifts & Donations $100 Total $100 To: A.3120.4.100.100 Police/Office Supplies & Stationary $100 Total $100 ✓Vote Record-Resolution RES-2016-427 O Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent O Tabled James Dinizio Jr Mover 0 ❑ 0 s 0 ❑ Withdrawn ❑ Supervisor's Appt William P Roland Voter D 0 ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder D 0 0 0 ❑ Rescinded Robert Ghosio Voter 0 0 ❑ ❑ Town Clerk's Appt Louisa P Evans Voter ll ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter ll ❑ 0 ❑ ❑ No Action ❑ Lost 2016-428 CATEGORY: Strawberry Fields DEPARTMENT:: Recreation Approve Use of Strawberry Fields-Men's Soccer League Southold Town Board Regular Meeting page 10 May 3, 2016 RESOLVED that the Town Board of the Town of Southold does hereby grant permission to the Gonzalez Men's Soccer League to use Strawberry Fields in Mattituck on Sundays, 8:00 a.m. - 7:30 p.m. from May 8 - November 27, 2016, for league games. Dates will be coordinated with the recreation department as other organizations & groups will be using the field throughout the year. Appropriate fees will be charged as per the rules and regulations on the application for use of parks facilities. Applicant must file with the Town Clerk a Two Million Dollar Certificate of Insurance naming the Town of Southold and the County of Suffolk as additional insured's. ✓Vote Record-Resolution RES-2016-428 El Adopted ❑ Adopted as Amended O Defeated Yes/Aye No/Nay Abstain ` Absent O Tabled _ ❑ Withdrawn James Dmizio Jr Voter El 0 0 ❑ ❑ Supervisor's Appt William P Ruland Seconder El ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover 0 ❑ ❑ ❑ Rescinded Robert Ghosio Voter El 0 0 0 0 Town Clerk's Appt Louisa P.Evans Voter 0 0 0 0 ❑ Supt Hgwys Appt Scott A Russell Voter LI 0 0 0 ❑ No Action ❑ Lost 2016-429 CATEGORY: Budget Modification DEPARTMENT: Accounting Increase Capital Budget for Flo &Dump Sander Body Financial Impact: Increase Capital Budget for another Highway Departments Flo &Dump Sander Body RESOLVED that the Town Board of the Town of Southold hereby modifies the 2016 Highway Fund Part Town budget as follows: From: DB.5142.2.400.200 Snow Equipment $2,774 To: DB.9901.9.000.100 Transfer to Capital Fund $2,774 and be it further Southold Town Board Regular Meeting page 11 May 3, 2016 RESOLVED that the Town Board of the Town of Southold hereby modifies the 2016 Capital Fund budget as follows: Increase budget: Revenues: H.5031.87 Interfund Transfers—Sander Body $31,887 Appropriations: H.5130.2.100.100 Machinery, Flo & Dump Sander Body $31,887 Decrease budget: Revenues: H.5031.85 Interfund Transfers - Forklift $14,113 H.5031.88 Interfund Transfers—Street Sweeper 15,000 Total $29,113 Appropriations: H.5130.2.300.600 Machinery, Forklift $14,113 H.5130.2.300.700 Machinery, Street Sweeper 15,000 Total $29,113 ✓Vote Record-Resolution RES-2016-429 El Adopted ❑ Adopted as Amended ❑ Defeated _.._._ _._____.__ .___._ _ _.. _ _ Yes/Aye No/Nay Abstain Absent ❑ Tabled _ ❑ Withdrawn James Dim=Jr Voter El 0 0 0 ❑ Supervisor's Appt William P Ruland Mover El ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter El ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter El 0 ❑ ❑ 0 Town Clerk's Appt Louisa P.Evans Seconder El 0 ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter El 0 ❑ ❑ ❑ No Action ❑ Lost 2016-430 CATEGORY: Authorize to Bid DEPARTMENT: Highway Department Advertise for a Dump/Sander Body RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk's office to advertise for bid the latest model production Air-Flo 10 foot carbon steel Flo 'N Dump or equivalent sander body. Specifications are available at the Town clerk's office. ✓Vote Record-Resolution RES-2016-430 El Adopted - - - - - - - - - - ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent Southold Town Board Regular Meeting page 12 May 3, 2016 • ❑_Defeated James Dinizio Jr Voter 0 ❑ 0 0 ❑ Tabled William P Ruland Voter EJ ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Voter El 0 ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Seconder El ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Mover ' El ❑ ❑ ❑ ❑ Rescinded Scott A Russell Voter El ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2016-431 CATEGORY: Budget DEPARTMENT: Fishers Island Ferry District FIFD Warrant 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 April 25, 2016 regarding the warrant in the amount of$78,681.68. ✓Vote Record-Resolution RES-2016-431 El Adopted ❑ Adopted as Amended 0 Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled - ❑ Withdrawn James Dinizio Jr Voter El 0 0 0 ❑ Supervisor's Appt William P Ruland ' Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ 0 0 ❑ Rescinded Robert Ghosio Mover El 0 0 0 0 Town Clerk's Appt Louisa P Evans Seconder 0 ❑ 0 0 ❑ Supt Hgwys Appt Scott A Russell , Voter El 0 0 0 ❑ No Action ❑ Lost 2016-432 CATEGORY: Refund DEPARTMENT: Town Clerk Various Clean Up Deposits _ Southold Town Board Regular Meeting page 13 May 3, 2016 WHEREAS the following groups have supplied the Town of Southold with a Clean-up Deposit fee in the amount of$250.00, for their events and WHEREAS the Southold Town Police Chief, Martin Flatley, has informed the Town Clerk's office that this fee may be refunded, now therefor be it RESOLVED that Town Board of the Town of Southold hereby authorizes a refund be issued in the amount of$250.00 to the Name Date Received Group for the East End March 28, 2016 PO Box 1792 Southold,NY 11971 L. I. Antique Power Association, Inc. March 8, 2016 PO Box 1134 Riverhead,NY 11901 North Fork Chamber of Commerce February 12, 2016 c/o Peconic Retreat PO Box 1415 Cutchogue,NY 11935 ✓Vote Record-Resolution RES-2016-432 El Adopted O Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ......_ ❑ Withdrawn James Dinizio Jr Mover El 0 I 0 _ 0 ❑ Supervisor's Appt William P Roland Voter 21 ❑ ❑ 0 ❑ Tax Receiver's Appt Jill Doherty Voter D 0 ❑ 0 0 Rescinded Robert Ghosio Voter 2 0 ❑ i 0 O Town Clerk's Appt Louisa P.Evans Seconder El ❑ 0 0 O Supt Hgwys Appt Scott A.Russell Voter E 0 ❑ 0 ❑ No Action ❑ Lost 2016-433 CATEGORY: Advertise DEPARTMENT: Public Works Advertise for P/T Custodial Worker I Southold Town Board Regular Meeting page 14 May 3, 2016 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk's office to advertise for the position of part time Custodial Worker I. I Vote Record-Resolution RES-2016-433 ll Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye mm No/Nay Abstain Absent ❑ Tabled Janes Dinizio Jr Voter l ❑ ❑ ❑ ❑ Withdrawn El Supervisor's Appt William P Ruland Seconder El 0 0 ❑ ❑ Tax Receiver's Appt Jill Doherty Mover El 0 0 0 ❑ Rescinded Robert Ghosio Voter 0 0 0 ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 0 0 ❑ ❑ Supt Hgwys Appt Scott A Russell Voter ' El 0 0 0 0 No Action ❑ Lost 2016-434 CATEGORY: Budget Modification DEPARTMENT: Accounting 2016 Budget Modification for Highway Fund Financial Impact: 2016-17 CHIPS apportionment from New York State Department of Transportation is less than budgeted Resolved that the Town Board of the Town of Southold hereby decreases the 2016 Highway Fund Part Town budget as follows: Revenues: DB.3501.00 CHIPs Capital Payments $2,201 Appropriations: DB.5112.2.400.905 CHIPS Resurfacing $2,201 ✓Vote Record-Resolution RES-2016-434 21 Adopted ❑ Adopted as Amended ❑ Defeated - ' - - Yes/Aye No/Nay Abstain Absent ❑ Tabled - James Dtnzio Jr Voter 0 0 ❑ ❑ ❑ Withdrawn - ❑ Supervisor's Appt William P Ruland Mover CQ 0 0 0 ❑ Tax Receiver's Appt Jill Doherty Voter Q 0 0 0 0 RescindedRobert Ghosio Voter 21 ❑ ❑ 0 ❑ Town Clerk's Appt Louisa P Evans Seconder 21 0 ❑ 0 ❑ Supt Hgwys Appt Scott A.Russell Voter El 0 ❑ ❑ ❑ No Action ❑ Lost Southold Town Board Regular Meeting page 15 May 3, 2016 2016-435 CATEGORY: Employment-Town DEPARTMENT: Accounting Amend Resolution Number 2016-393 RESOLVED that the Town Board of the Town of Southold hereby amends Resolution No. 2016-393 dated April 19, 2016 to read as follows: RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted April 11, 2016 that appoints Chase Lettrich and Timothy K. Hoch to the position of part time deckhands at a rate of$10.99 per hour effective April 21, 2016. ✓Vote Record-Resolution RES-2016-435 El Adopted ❑ Adopted as Amended O Defeated— Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter El 0 ❑ 0 ❑ Supervisor's Appt William P Ruland Voter El 0 0 ❑ ❑ Tax Receiver's Appt Jill Doherty Voter ' El 0 0 ❑ ❑ Rescinded Robert Ghosio Seconder, EI 0 0 ❑ ❑ Town Clerk's Appt Louisa P.Evans Mover , 0 0 0 0 ❑ Supt Hgwys Appt Scott A.Russell Voter El 0 ❑ 0 ❑ No Action 0 Lost • 2016-436 CATEGORY: Employment-FIFD DEPARTMENT: Accounting Increase Salary of John Morgan RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted April 11, 2016 that increases the salary of John Morgan to $27.59 per hour effective May 5, 2016. ✓Vote Record-Resolution RES-2016-436 El Adopted Yes/Aye No/Nay Abstain ' Absent O Adopted as Amended James Dinizio Jr Voter El ❑ ❑ ❑ ❑ Defeated William P Ruland Voter El 0 0 0 O Tabled till Doherty Voter El 0 ❑ ❑ Southold Town Board Regular Meeting page 16 May 3, 2016 ❑ Withdrawn Robert Ghosio Mover El ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P Evans Seconders El ❑ 0 ❑ ❑ Tax Receiver's Appt Scott A Russell Voter ; Q ; ❑ ❑ 0 ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2016-437 CATEGORY: Employment-FIFD DEPARTMENT: Accounting Increase Salary of Christopher Newell RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted April 11, 2016 that increases the salary of Christopher Newell to $18.00 per hour effective May 5, 2016. ✓Vote Record-Resolution RES-2016-437 ❑ Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay ' Abstain Absent ❑ Tabled ❑ Withdrawn James Dinizio Jr Mover El ❑ 0 0 171 Supervisor's Appt William P Ruland Seconder 0 0 0 0 ❑ Tax Receiver's Appt Jill Doherty Voter El 0 0 0 o Rescinded Robert Ghosio Voter El ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter El El ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter El ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-438 CATEGORY: Employment-FIFD DEPARTMENT: Accounting Appoint Rhamir Mason Full Time Deckhand RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted May 5, 2016 that appoints Rhamir Mason to the position of full time Deckhand at a rate of$14.93 per hour effective May 5, 2016. Southold Town Board Regular Meeting page 17 May 3, 2016 ✓Vote Record-Resolution RES-2016-438 ll Adopted ❑ Adopted as Amended ❑-Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Withdrawn CI Supervisor's Appt William P Ruland Seconder El CI 0 ❑ Tax Receiver's Appt Jill Doherty Mover El 0 CI ❑ Rescmded Robert Ghosio Voter El ❑ CI ❑ Town Clerk's Appt Louisa P Evans Voter El ❑ CI ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter El ❑ ❑ CI ❑ No Action ❑ Lost 2016-439 CATEGORY: Employment-FIFD DEPARTMENT: Accounting Appoint Patrick Rose Seasonal Laborer RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted July 6, 2015 that appoints Patrick Rose to the position of seasonal laborer effective June 1, 2016 through September 15, 2016 at a rate of $11.56 per hour. ✓Vote Record-Resolution RES-2016-439 El Adopted ❑ A- dopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled CI Withdrawn James DmCI CI CIizio Jr Voter El CI Supervisor's Appt William P Ruland Mover El ❑ 0 0 CI Tax Receiver's Appt Jill Doherty Voter CI CI CI CI Rescinded Robert Ghosio Voter El CI CI 0 Town Clerk's Appt Louisa P Evans Seconder El CI CI CI CI Supt Hgwys Appt Scott A Russell Voter El CI 0 ❑ No Action ❑ Lost 2016-440 CATEGORY: Budget Modification DEPARTMENT: Accounting Southold Town Board Regular Meeting page 18 May 3, 2016 Budget Modification for Accounting&Finance Dept. Financial Impact: Provide appropriation for the payment of accrued sick leave RESOLVED that the Town Board of the Town of Southold hereby modifies the Accounting & Finance Department's 2016 budget in the General Fund Whole Town as follows: From: A.1310.1.100.200 Full Time Overtime Earnings $1,540 A.1310.1.100.300 Full Time, Vacation Earnings 2,200 Total $3,740 To: A.1310.1.100.400 Full Time, Sick Earnings $3,740 Total $3,740 ✓Vote Record-Resolution RES-2016-440 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled — - - ❑ Withdrawn James Dim=Jr Voter 0 0 0 ❑ Supervisor's Appt William P Ruland Voter Lel 0 0 ❑ ❑ Tax Receiver's Appt Jill Doherty Voter Q ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Mover ❑ 0 0 0 ❑ Supt Hgwys Appt Scott A.Russell Voter RI ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-441 CATEGORY: Legal DEPARTMENT: Solid Waste Management District Carter License Insurance WHEREAS, pursuant to Town Code §233-3.1(B)(1) every refuse hauler or carter shall procure a carter's permit from the Town Clerk prior to collecting, transporting, or disposing of solid waste and/or recyclables generated within the Town; and WHEREAS, Town Code §233-3.1(B) enumerates certain carter permit requirements and authorizes the Town Board,pursuant to Town Code §233-3.1(B)(11) to mandate additional requirements as needed via resolution; and WHEREAS, the Town Board finds that Town is exposed to potential liabilities arising out of the Southold Town Board Regular Meeting page 19 May 3, 2016 issuance of carter permits, including property damage caused by carter; and WHEREAS, the Town Board has determined, upon consultation with its insurance broker, that in order to protect against the risk of such exposure that the Town impose certain insurance and hold harmless requirements on permittees; and now therefore be it RESOLVED, that pursuant to §233-3.1(B)(11), the Town Board, effective immediately, requires that prior to the issuance of a carter permit the applicant provide proof to the Town Clerk of the following insurance coverages: 1. Public liability(CGL) including contractual coverage with a combined single limit of at least$1,000,000 per occurrence and $2,000,000 in the aggregate in the primary policy; and 2. Automobile liability coverage for all owned, hired and nonowned vehicles, with a combined single limit of at least $1,000,000 in the primary policy; and 3. An umbrella policy in the amount of at least$1,000,000 per occurrence and $1,000,000 in the aggregate that follows the coverage forms of the underlying policies; and let it be further RESOLVED, that all liability insurance policies shall name the "Town of Southold" as an additional insured and that each policy be endorsed to contain the following language: "The Town of Southold will be given 30 days prior written notification of any cancellation, nonrenewal or modification of this policy which reduces or limits coverage, at the following address: P.O. Box 1179, Southold,New York 11971" and therefore let it be further RESOLVED, that prior to the issuance of a carter permit the applicant enter into a hold harmless agreement, as approved by the Office of the Town Attorney. ✓Vote Record-Resolution RES-2016-441 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dinizio Jr Voter Q 0 0 0 ❑ Supervisor's Appt William P Ruland Voter ' E 0 0 ❑ ❑ Tax Receiver's Appt Jill Doherty Voter Q 0 0 0 ❑ Rescinded Robert Ghosio Mover Q 0 0 ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder El 0 0 ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ 0 0 ❑ No Action O Lost Southold Town Board Regular Meeting page 20 May 3, 2016 2016-442 CATEGORY: Contracts,Lease&Agreements DEPARTMENT: Recreation Hire Summer 2016 Recreation Program Instructors Resolved that the Town Board of the Town of Southold authorize and direct Supervisor Scott A. Russell to execute an agreement with the following individuals and businesses for the summer 2016 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 2016 instructor line A.7020.4.500.420. Lisa Baglivi (Drawing) $30/hour Dawn Bennett(Dog Obedience Puppy STAR) $70/person Dawn Bennett(Dog Obedience Pre-Therapy) $90/person Heather Cusack(Herbs for Health) $30/hour Martha Eagle (Aerobics &Pilates) $35/class Suzzanne Fokine (Plein Air Painting) $30/hour Denise Gillies (Tai Chi) $30/hour Huck Hirsch (Mah Jongg) $30/hour Island's End Golf& Country Club (Golf Lessons) $100/person Jennifer Kane (Singing) $30/hour Lois Levy(Acrylic Painting) $30/hour Rosemary Martilotta(Chair&Hatha Yoga) $62/class Kate McDowell (Tennis Lessons) $30/hour Theresa Pressler(Youth Arts & Crafts) $30/hour Steve Smith(Weight Training) $30/hour The Little Red Barn (Pony & Farm Animal Camp) $350/person Touch Dance Studios (Ballroom Dancing) $65/person Kendra Wadlington(Belly Dancing) $30/hour Christine Watts (Children's Theatre) $30/hour Kerri Zablotny(Children's Reading) $30/hour I Vote Record-Resolution RES-2016-442 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent O Tabled ❑ Withdrawn James Dinizio Jr Mover ❑ ❑ 0 ❑ Supervisor's Appt William P Ruland Seconder El 0 ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 0 ❑ ❑ 0 Rescinded Robert Ghosio Voter 21 0 0 0 ❑ Town Clerk's Appt Louisa P Evans Voter El 0 ❑ 0 ❑ Supt Hgwys Appt Scott A Russell Voter El 0 ❑ 0 ❑ No Action O Lost . Southold Town Board Regular Meeting page 21 May 3, 2016 2016-443 CATEGORY: Attend Seminar DEPARTMENT: Highway Department Attend Seminar- Orlando and Tabor RESOLVED that the Town Board of the Town of Southold hereby grants permission for Vincent Orlando, Superintendent of Highways and Roger Tabor, Deputy Superintendent of Highways to attend a seminar titled"Running Your Highway Department" on May 17, 2016 to be held at the Suffolk County Cooperative Extension located in Riverhead. Registration fee of $50.00 per person. All expenses for registration,travel to be a legal charge to the (meetings and seminars) Highway 2016 budget. ✓Vote Record-Resolution RES-2016-443, El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dinizio Jr Voter lel ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder Ri ❑ ❑ 0 ❑ Tax Receiver's Appt Jill Doherty Mover E ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter El ❑ ❑ ❑ o Supt Hgwys Appt Scott A Russell Voter El ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-444 CATEGORY: Employment-Town DEPARTMENT: Accounting Create and Set Salary Scale for Assistant Town Planning Director RESOLVED that the Town Board of the Town of Southold hereby creates the position of Assistant Town Planning Director and establishes the annual rate of pay for Assistant Town Planning Director as follows: Effective Date/ Entry Step Level 1 2 3 4 5 January 1, 2016 $78,976 $82,925 $84,583 $86,841 $88.508 $92,685 Southold Town Board Regular Meeting page 22 May 3, 2016 I Vote Record-Resolution RES-2016-444 Il Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled James Dinizio Jr Voter ll 0 ❑ 0 ❑ Withdrawn ❑ Supervisor's Appt William P Ruland Mover El ❑ 0 0 ❑ Tax Receiver's Appt Jill Doherty 'Voter El ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter El ❑ ' 0 0 ❑ Town Clerk's Appt Louisa P Evans Seconder El ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter El ❑ 0 0 ❑ No Action ❑ Lost 2016-445 CATEGORY: Public Service DEPARTMENT: Human Resource Center Permission to Partner with CAST for Free Computer Training Classes at HRC Financial Impact: This program is being offered by CAST at the HRC as part of an ongoing mobile computer training program to provide instruction at various locations throughout the Town of Southold for greater access for all residents per the donor's request. Both afternoon and evening classes will be offered RESOLVED that the Town Board of the Town of Southold hereby grants permission for the Southold Town Human Services Department to partner with Community Action of Southold Town to hold free computer training courses at the Human Resource Center in Mattituck beginning Thursday, May 26, 2016. The three courses, Computer 101, Computer 102, and Computer 103 will provide weekly instruction from Peconic Electronics, Inc. of Orient for 6 weeks per course to be held consecutively for a total of 18 weeks. The mobile computer program is funded through a donation received by CAST to enhance the skills for gainful employment and self-sufficiency for Town residents. A Certificate of Insurance naming the Town of Southold as an additional insured in amounts of not less than one million dollars per occurrence, two million dollars general aggregate will be filed with the Town Clerk prior to the start date of the program. Such insurance shall be provided by an insurance carrier rated "A-" or better by A.M. Best and lawfully authorized to do business in the State of New York. ✓Vote Record-Resolution RES-2016-445 El Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended James Dinizio Jr Voter El 0 ❑ ❑ ❑ Defeated William P Ruland Voter 0 0 El 0 O Tabled Jill Doherty Voter El ❑ ❑ ❑ O Withdrawn Robert Ghosio Seconder El 0 0 ❑ El Supervisor's Appt Louisa P Evans Mover 0 0 0 0 Southold Town Board Regular Meeting page 23 May 3, 2016 o Tax Receiver's Appt Scott A Russell ; Voter ❑ ❑ ❑ O Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2016-446 CATEGORY: Employment-Town DEPARTMENT: Justice Court Theodora Danias as a Summer Intern RESOLVED that the Town Board of the Town of Southold hereby appoints Theodora Danias as a summer intern in the Southold Town Justice Court effective June 6, 2016. She is to serve in this capacity with no compensation. ✓Vote Record-Resolution RES-2016-446 ll Adopted O Adopted as Amended ❑ Defeated __ ________ _. _._ _.________ _ __.__. _, __ _ -_ Yes/Aye , No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dimzio Jr Voter ll 0 0 ❑ ❑ Supervisor's Appt William P Ruland Voter , ll ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter El 0 0 0 0 Rescinded Robert Ghosio Mover El 0 ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder El 11 ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter El ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-447 CATEGORY: Budget Modification DEPARTMENT: Accounting Increase Appropriations for and Create Capital Budget for McCabe's &Kenny's Beach Parking Lot Resurfacing Projects Financial Impact: Increase appropriations for and create Capital Budgets for Kenny's and McCabe's Beach Parking Lot Southold Town Board Regular Meeting page 24 May 3, 2016 WHEREAS the Town Board of the Town of Southold adopted a 2016 Capital Budget that included the appropriation of Park &Playground funds for resurfacing Kenny's Beach Parking Lot in the amount of$20,500 and McCabe's Beach Parking Lot in the amount of$17,850, and WHEREAS the Town's Capital Budget process requires a resolution to formally establish Capital Budget items in the Capital Fund, and WHEREAS the estimated cost of resurfacing Kenny's Beach Parking lot is $24,082 and McCabe's Beach Parking Lot is $21,295, and WHEREAS the Town Board has determined that the appropriations for resurfacing the McCabe's Beach Parking Lot and Kenny's Beach Parking Lot should be increased, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby increases the 2016 General Fund Whole Town budget as follows: Revenues: A.2025.00 Special Recreation Facility $7,027 Appropriations: A.9901.9.000.100 Transfer to Capital Fund $7,027 and be it further RESOLVED that the Town Board of the Town of Southold hereby authorizes the establishment of the following Capital Projects in the 2016 Capital Fund: Capital Project Names: Kenny's Beach Parking Lot • McCabe's Beach Parking Lot Financing Method: Transfer from the General Fund Whole Town Budgets: Revenues: H.5031.42 Interfund Transfers $45,377 Total $45,377 Appropriations: H.5650.2.100.300 Off Street parking Capital Outlay Kenny's Beach Parking Lot $24,082 H.5650.2.100.400 Off Street parking Capital Outlay McCabe's Beach Parking Lot $21,295 Total $45,377 ✓Vote Record-Resolution RES-2016-447 GJ Adopted - - ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent Southold Town Board Regular Meeting page 25 May 3, 2016 ❑ Defeated lames Dinizio Jr Mover El ❑ 0 0 ❑ Tabled William P Ruland Voter El ❑ 0 ❑ ❑ Withdrawn Jill Doherty Seconder El El ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Voter El 0 ❑ 0 ❑ Tax Receiver's Appt Louisa P Evans Voter El ❑ ❑ ❑ ❑ Rescinded Scott A Russell Voter El 0 0 0 ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2016-448 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Oysterponds Historical Society to Hold a Heritage Day Parade Financial Impact: Police Department Cost for the Event = $215.70 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Oysterponds Historical Society to use the following route for its Heritage Day Parade in Orient on Sunday, July 3, 2016 staging to begin at 12:00 pm on Oysterponds Lane, from there to Main Road to Village Lane to the end of Village Lane,provided they follow all the conditions in the Town's Policy for Special Events on Town Properties Failure to comply with the conditions will result in the forfeiture of the clean-up deposit and denial of future requests. In addition, the police will post"No Parking" signs the night before the event as requested. All Town fees for this event are waived with the exception of the clean-up deposit. ✓Vote Record-Resolution RES-2016-448 El Adopted El Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled El Withdrawn James Dinizio0 Jr Voter ❑ _ ❑ ❑ El Supervisor's Appt William P Ruland Seconder El ❑ ❑ 0 Jill Doherty Mover El ❑ 0 ❑ 0_Tax Receiver's Appt ❑ Rescinded Robert Ghosio Voter El ❑ 0 ❑ ❑ Town Clerk's Appt Louisa P Evans Voter , El ❑ ❑ 0 ❑ Supt Hgwys Appt Scott A Russell Voter El ❑ ❑ 0 ❑ No Action ❑ Lost Southold Town Board Regular Meeting page 26 May 3, 2016 2016-449 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District SWMD Budget Mods Financial Impact: To cover leave payout; air operated grease gun; dealer assistance with 966 repair; insurance charges for rented loader; unemployment benefits through 2016. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2016 Solid Waste Management District budget as follows: From: SR 8160.1.100.300 F/T Employee Vacation Earnings $4,500 SR 8160.1.100.400 F/T Employee Sick Earnings 4,000 SR 8160.4.100.551 Maint/Supply CAT 966 500 SR 8160.4.400.200 Building Maintenance 1,000 SR 8160.4.400.910 Equipment Rental 2,450 Total $12,450 To: SR 8160.1.100.200 F/T Employee Overtime Earnings $2,000 SR 8160.1.100.500 F/T Employee Holiday Pay 2,500 SR 8160.2.500.200 Shop Equipment 1,000 SR 8160.4.400.655 Repairs CAT 966 500 SR 9050.8.000.000 Unemployment Insurance Benefits 4,000 SR 9901.9.000.300 Transfer to Risk Retention 2,450 Total $12,450 ✓Vote Record-Resolution RES-2016-449 ll Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dinizio Jr Voter ll ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Mover - El 0 0 0 ❑ Tax Receiver's Appt Jill Doherty Voter El 0 0 ❑ Rescinded Robert Ghosio ' Voter ' ll 0 0 0 ❑ Town Clerk's Appt Louisa P Evans Seconder, El ❑ ❑ 0 ❑ Supt Hgwys Appt Scott A Russell Voter ll ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-450 Southold Town Board Regular Meeting page 27 May 3, 2016 CATEGORY: Attend Seminar DEPARTMENT: Planning Board Attend Seminar-Heather Lanza and Mark Terry RESOLVED that the Town Board of the Town of Southold hereby grants permission to Mark Terry, Principal Planner and Heather Lanza, Town Planning Director, to earn continuing education credits by attending the Parking Technology & Innovation Seminar, sponsored by the American Planning Association at the Arthur Kunz Memorial Scholarship Breakfast in Farmingdale,NY on May 20, 2016. There will be no expense for this seminar, other than the use of a Town car for transportation. ✓Vote Record-Resolution RES-2016-450 El Adopted ❑ Adopted as Amended ❑ Defeated _. Yes/Aye No/Nay Abstain Absent ❑ Tabled - ❑ Withdrawn James Dinizio Jr Voter ' 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter El ❑ ❑ ❑ El Tax Receiver's Appt Jill Doherty Voter , El 0 ❑ ❑ ❑ Rescinded Robert Ghosio Seconder, El ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover El ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter , El 0 ❑ 0 ❑ No Action ❑ Lost 2016-451 CATEGORY: Contracts,Lease&Agreements DEPARTMENT: Engineering Change Order#2 W/Construction Consultants/LI, Inc. -Highway Maintenance Building RESOLVED that the Town Board of the Town of Southold hereby approves Change Order#2 to the Town of Southold Highway Maintenance Building Project Contract with Construction Consultants/LI, Inc. in the net amount of$2,765.40, pursuant to their Proposed Change Order dated May 2, 2016, subject to the approval of the Town Engineer and Town Attorney. ✓Vote Record-Resolution RES-2016-451 El Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated James Dinizio Jr Voter El 0 El ❑ Tabled William P Ruland Voter El LI ❑ ❑ ❑ Withdrawn Jill Doherty Voter , El ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Mover 0 I=1 ❑ 0 ❑ Tax Receiver's Appt Louisa P Evans Seconder El 0 ❑ 0 ❑ Rescinded Scott A Russell Voter , 0 ❑ ❑ ❑ Southold Town Board Regular Meeting page 28 May 3, 2016 ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2016-452 CATEGORY: Equipment DEPARTMENT: Accounting Transfer Vehicle to Recreation Dept RESOLVED that the Town Board of the Town of Southold hereby transfers the 1999 Plymouth Breeze, asset no. 2445, VIN 1P3J46C1XN617268, Tag no. B1, from the Central Garage fleet to the Recreation Department effective immediately. I Vote Record-Resolution RES-2016-452 El Adopted ❑ Adopted as Amended ❑ Defeated _-. ... __ ._ _, Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dinizio Jr Mover El ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder El 0 0 0 ❑ Tax Receiver's Appt Jill Doherty Voter El 0 0 0 ❑ Rescinded Robert Ghosio Voter El ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter El 0 ❑ 0 ❑ Supt Hgwys Appt Scott A Russell Voter El 0 ❑ 0 ❑ No Action ❑ Lost 2016-453 CATEGORY: Legal DEPARTMENT: Town Attorney Eldridge Boat Removal WHEREAS, on or about January 23, 2016, a boat (HIN#:HUN54580M80B) owned by a Mr. Shawn Eldridge, broke free from its mooring in Cutchogue Harbor and drifted toward a dock owned by the Old Cove Yacht Club (hereinafter referred to as the "dock") located at 1000 Old Harbor Lane,New-Suffolk; and WHEREAS, the boat has become unseaworthy and ultimately grounded adjacent to the dock which has caused, and continues to cause, damage to same; and Southold Town Board Regular Meeting page 29 May 3, 2016 WHEREAS, the boat has created an unsafe condition and has become an attractive nuisance; and WHEREAS, the owner of the boat has been contacted and refuses to remove the boat; and now therefore be it RESOLVED that pursuant to §96-10(A) of Town Code of the Town of Southold notice shall be sent via certified mail to Mr. Shawn Eldridge at 62 Bayview Avenue, East Patchogue,New York, his last known address, that within seven (7) days from mailing the Town of Southold shall direct that the boat be removed and destroyed; and be it FURTHER RESOLVED, that the Town Board of the Town of Southold hereby authorizes and directs the Town Attorney's Office to issue a Request for Proposals pursuant to the Town's procurement policy for the removal and destruction of the aforementioned boat. ✓Vote Record-Resolution RES-2016-453 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dinizio Jr Voter tEl 0 ❑ _ ❑ ❑ Supervisor's Appt William P.Ruland Seconder El 0 0 0 ❑ Tax Receiver's Appt Jill Doherty Mover ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter El ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter El 0 0 0 O No Action ❑ Lost 2016-454 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Appointment to Board of Ethics RESOLVED that the Town Board of the Town of Southold hereby appoints Suzanne C. Rice as a Member of the Southold Town Board of Ethics to serve a five (5) year term of office to expire on March 31, 2021 to serve in this capacity without compensation. I Vote Record-Resolution RES-2016-454 2 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended James Dinizio Jr Voter ❑ ❑ ❑ ❑ ❑ Defeated William P Ruland Mover 2 0 0 0 ❑ Tabled Jill Doherty Voter El ❑ ❑ ❑ ❑ Withdrawn Robert Ghost() Voter 0 0 0 O Supervisor's Appt Louisa P Evans Seconder El 0 ❑ ❑ Southold Town Board Regular Meeting page 30 May 3, 2016 ❑ Tax Receiver's Appt Scott A.Russell Voter RI ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2016-455 CATEGORY: Contracts,Lease &Agreements DEPARTMENT: Town Attorney Ltr of Authorization &Instrument of Proxy RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a Letter of Authorization and Instrument of Proxy appointing R.J. Burns and Joseph Haney of the Fisher's Island Ferry District to act as representatives of, and proxies for, the Town of Southold at the 2016 New London City Center District annual meeting, subject to the approval of the Town Attorney. I Vote Record-Resolution RES-2016-455 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay ' Abstain Absent ❑ Tabled James Dinizio Jr Voter 0 0 0 0 ❑ Withdrawn ❑ Supervisor's Appt William P Ruland Voter El 0 ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter El ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder El 0 0 ❑ ❑ Town Clerk's Appt Louisa P Evans ' Mover R ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter El ; ❑ 0 ❑ ❑ No Action ❑ Lost 2016-456 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Appointment to Parks &Recreation Committee RESOLVED that the Town Board of the Town of Southold hereby appoints Kristina Gabrielsen as a Member of the Southold Town Parks & Recreation Committee for a three (3) year term of Office to expire on March 31, 2019 to serve in this capacity without Southold Town Board Regular Meeting page 31 May 3, 2016 compensation. ✓Vote Record-Resolution RES-2016-456 El Adopted ❑ Adopted as Amended ❑ Defeated -" _ -- - - - Yes/Aye No/Nay Abstain Absent ❑ Tabled James Dinizio Jr Voter ll ❑ ❑ ❑ o Withdrawn ❑ Supervisor's Appt William P Ruland Voter ' ❑ 0 ❑ o Tax Receiver's Appt Jill Doherty Voter ll ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover El ❑ 0 0 o Town Clerk's Appt Louisa P Evans Seconder El ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter El ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-457 CATEGORY: Refund DEPARTMENT: Town Attorney Threshold Blue, Inc. CPF Tax Refund RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund (from Account#CM.1189.10)to Threshold Blue, Inc. from the Town of Southold in the amount of $5,300.00 in connection with its payment of the Community Preservation Fund tax on property in Southold (SCTM#1000-063.00-02.00-006.002) purchased by Threshold Blue, Inc. on January 27, 2016, as the transaction is exempt from the CPF tax. ✓Vote Record-Resolution RES-2016-457 El Adopted O Adopted as Amended O Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James ThrumJr Mover El 0 ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter El 0 ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder El ❑ 0 ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ 0 ❑ 0 Town Clerk's Appt Louisa P Evans Voter El 0 0 0 o Supt Hgwys Appt Scott A Russell Voter El 0 0 ❑ ❑ No Action ❑ Lost 2016-458 Southold Town Board Regular Meeting page 32 May 3, 2016 CATEGORY: Authorize to Bid DEPARTMENT: Town Clerk Advertise for Office Space RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk's office to advertise to lease office space for the Town of Southold Justice Court. ✓Vote Record-Resolution RES-2016-458 O Adopted O Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled _. �. ❑ Withdrawn -- James Dinizio Jr Voter 0 _ 0 0 0 ❑ Supervisor's Appt William P Ruland Seconder 0 0 0 0 ❑ Tax Receiver's Appt Jill Doherty Mover 0 0 ❑ 0 ❑ Rescinded Robert Ghosio Voter 0 0 ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter ' 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-459 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Appointment to Land Preservation Committee RESOLVED that the Town Board of the Town of Southold hereby appoints Doris McGreevy as a Member of the Southold Town Land Preservation Committee for a two (2) year term of office to expire on March 31, 2018, to serve without compensation. ✓Vote Record-Resolution RES-2016-459 O Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled _ ❑ Withdrawn James Dinizio0 Jr Voter ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Mover El 0 0 0 ❑ Tax Receiver's Appt Jill Doherty Voter 0 0 0 0 0 Rescinded Robert Ghosio Voter El 0 0 0 ❑ Town Clerk's Appt Louisa P Evans Seconder El 0 0 0 ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action O Lost Southold Town Board Regular Meeting page 33 May 3, 2016 2016-460 CATEGORY: Contracts,Lease&Agreements DEPARTMENT: Town Attorney Agreement with LI Telecommunications &Electronic Services RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to enter into an Agreement with Long Island Telecommunications and Electronics Services, Inc., at a rate of$125.00 an hour in an amount not to exceed $13,000.00 to provide consulting services to the Town of Southold Police Department, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2016-460 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter ❑ ❑ ❑ 0 Tax Receiver's Appt Jill Doherty Voter ❑ 0 0 ❑ Rescinded Robert Ghosio ' Seconder El 0 ❑ 0 ❑ Town Clerk's Appt Louisa P Evans Mover El ❑ 0 ❑ ❑ Supt Hgwys Appt Scott A Russell Voter El ❑ ❑ 0 ❑ No Action ❑ Lost 2016-461 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Advertise for Vacancy on Land Preservation Committee RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for a second vacancy on the Southold Town Land Preservation Committee. ✓Vote Record-Resolution RES-2016-461 El Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated James Dinizio Jr Voter El 0 0 0 ❑ Tabled William P Roland Voter El 0 0 0 ❑ Withdrawn Jill Doherty Voter El 0 0 ❑ ❑ Supervisor's Appt Robert Ghosio Mover 0 0 0 0 ❑ Tax Receiver's Appt Louisa P Evans Seconder El 0 ❑ ❑ ❑ Rescinded Scott A Russell Voter 0 0 0 0 Southold Town Board Regular Meeting page 34 May 3, 2016 ❑ Town Clerk's Appt ❑ Supt Hgwys Appt O No Action ❑ Lost 2016-462 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney LL Amendments to Chapter 280, Zoning, Affordable Housing District WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 5t day of May, 2016, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with the Affordable Housing District"now, therefore, be it RESOLVED 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 31st day of May, 2016 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. 2016 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: ,280-25. Definitions. 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 Southold Town Board Regular Meeting page 35 May 3, 2016 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 Government Liaison Officer Special Projects Coordinator. GOVERNMENT LIAISON OFFICER - :. • - Pe :. _ e e 1.! e ' 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. § 280-26. Applicability. AHD Districts shall be established by the Town Board on parcels of land that have been identified through the accepted principles of Smart Growth planning as being appropriate and desirable locations for affordable housing. Such locations include, but are not limited to: land within Hamlet Locus Zones, as may be determined by the Town Board; land within walking distance of services, shops, schools, and public transportation; land that adjoins existing centers of business and residential development (as opposed to land adjoining farm and open fields); and other locations where the project has been shown to meet a demonstrable need. AHD Districts shall be designated by Town Board resolution after a public hearing thereon, upon 10 days' notice thereof by publication in the official Town newspapers. § 280-28. Bulk, area and parking regulations. [Amended 8-26-2014 by L.L. No. 10-2014] 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: 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 Southold Town Board Regular Meeting page 36 May 3, 2016 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. (square feet/dwelling unit less than 850 square feet up to 50o� - total number of units in the development) MIFDU Tenant Occupied Dwelling units 3,300 less than 850 sq, feet B. Notwithstanding the bulk schedule set forth in subsection (A) of this section, there shall be no more than 24 dwelling units on any one site. C. B: Authority to amend requirements and specifications. (1) The Town board shall have the authority to reduce the minimum required square foot per unit requirements set forth in subsection (A) and increase the maximum number of units per site set forth in subsection (B). Notwithstanding the foregoing, the Town board may not increase the total number of units per site above 36 units per site. (2) (1) 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: (a) 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; (b) Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than the sought variance; (c) Whether the variance is substantial; (d) Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and (e) Whether the alleged difficulty was self-created, which shall be relevant to the decision but shall not necessarily preclude the proposed amendment or variance. (3) (2) 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 Southold Town Board Regular Meeting page 37 May 3, 2016 the Highway Superintendent. 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 Vote Record-Resolution RES-2016-462 Il Adopted O Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled - ❑ Withdrawn James Dinizio Jr Mover ll ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland I Voter El ❑ ❑ 0 ❑ Tax Receiver's Appt Jill Doherty 1 Seconder El 0 ❑ ❑ 0 Rescinded Robert Ghosio ' Voter El 0 ❑ 0 ❑ Town Clerk's Appt Louisa P Evans Voter El ❑ ❑ 0 ❑ Supt Hgwys Appt Scott A.Russell Voter El 0 ❑ 0 ❑ No Action ❑ Lost 2016-463 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Tree Committee Members &Appointment RESOLVED that the Town Board of the Town of Southold hereby increases the number of Members on the Southold Town Tree Committee from seven(7) to nine (9) and be it FURTHER RESOLVED that the Town Board of the Town of Southold hereby appoints Matt Campbell as a Member of the Southold Town Tree Committee for a three (3) year term of office to expire on March 31, 2019 to serve in this capacity without compensation. ✓Vote Record-Resolution RES-2016-463 El Adopted Yes/Aye ' No/Nay Abstain Absent ❑ Adopted as Amended James Dinizio Jr Voter El ❑ ❑ ❑ ❑ Defeated William P Ruland Seconder El 0 ❑ ❑ ❑ Tabled Jill Doherty Mover 0 0 0 ❑ o Withdrawn Robert Ghosio Voter , 0 ❑ ❑ 0 o Supervisor's Appt Louisa P Evans Voter El 0 ❑ ❑ ❑ Tax Receiver's Appt Scott A Russell Voter El ❑ ❑ ❑ O Rescinded Southold Town Board Regular Meeting page 38 May 3, 2016 ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2016-464 CATEGORY: Employment-Town DEPARTMENT: Town Clerk Appoint Laborer to Solid Waste District RESOLVED that the Town Board of the Town of Southold hereby appoints Michael McBride to the position of a Full-Time Laborer at the Southold Town Solid Waste District, effective May 7, 2016, at a rate of $21.4462 per hour. ✓Vote Record-Resolution RES-2016-464 El Adopted ❑ Adopted as Amended ❑ Defeated _ m Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dinizio Jr Voter El ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Mover El ❑ 0 0 ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ 0 ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder RI 0 0 0 o Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-465 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL Regarding Stop Work Orders WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 5th day of April, 2016, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280 "Zoning", and Chapter 144 "Fire Prevention and Building Code Administration", in connection with Stop Work Orders." 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 Southold Town Board Regular Meeting page 39 May 3, 2016 therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280 "Zoning", and Chapter 144 "Fire Prevention and Building Code Administration", in connection with Stop Work Orders.", reads as follows: LOCAL LAW NO. 3 of 2016 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280 "Zoning", and Chapter 144 "Fire Prevention and Building Code Administration", in connection with Stop Work Orders." BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose: The Town Board has determined that Chapter 280 and Chapter 144 shall be amended in order to clarify that a Code Enforcement Officer has the authority to issue a Stop Work Order. II. Chapters 280 and 144 of the Code of the Town of Southold is hereby amended as follows: §280-153. Whenever the Building Inspector or Code Enforcement Officer has reasonable grounds to believe that work on any building or structure is being prosecuted in violation of the provisions of the applicable law, ordinances or regulations or not in conformity with the provisions of an application,plans or specifications on the basis of which a building permit was issued or in an unsafe and dangerous manner, he shall notify the owner of the property or the owner's agent or the person performing the work to suspend all building activities until the stop order has been rescinded. Such order and notice shall be in writing and shall state the conditions under which the work may be resumed and may be served upon a person to whom it is directed either by delivering it personally to him or by posting the same upon a conspicuous portion of the building under construction and sending a copy of the same by certified mail. §144-3. A. It shall be the duty of the Building Inspectors (hereinafter referred to as the "Building Inspector") to administer and enforce the Uniform Code and the Energy Code and the provisions of this chapter. B. In addition to the inspectors, as provided by Subsection A of this section,the Town Board may appoint one Assistant Inspector for each of the fire districts in the Town, who shall be recommended by the respective Board of Fire Commissioners. Such Assistant Inspectors shall serve for a term of one year or at the pleasure of the Town Board. Assistant Inspectors shall serve without compensation, but shall be reimbursed for their Southold Town Board Regular Meeting page 40 May 3, 2016 actual and necessary expenses incurred in the performance of their duties within the appropriations made therefor by the Town Board. Such Assistant Inspectors shall not have enforcement powers, their duties being limited to conducting periodic inspections for compliance with the fire prevention provisions (Chapter C) of the Uniform Code and the Energy Code. Assistant Inspectors shall have the same right to enter and inspect buildings and premises as conferred upon the Building Inspector. C. For this chapter,the term "Building Inspector" shall include and refer to: (1) Building Inspectors of the Town of Southold; (2) The Director of Code Enforcement of the Town of Southold; (3) The Engineer Inspector of the Town of Southold; (4) Building Permits Examiner; al4 (5) Fire Inspector.- ; and (6) Code Enforcement Officer D. 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 International Dictionary of the English Language, unabridged (or latest edition). 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. III. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ✓Vote Record-Resolution RES-2016-465 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dinizio Jr Voter El 0 ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder El ❑ 0 0 0 Tax Receiver's Appt Jill Doherty Voter El 0 ❑ 0 ❑ Rescinded Robert Ghosto Voter El ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover El 0 0 ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 0 0 0 ❑ No Action ❑ Lost 2016-466 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Southold Town Board Regular Meeting page 41 May 3, 2016 ENACT LL Regarding Government Liaison WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 5th day of April, 2016, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280 "Zoning", and Chapter 34 "Housing Fund", in connection with the transfer of responsibilities regarding affordable housing from the Special Projects Coordinator to the Government Liaison Officer." and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280 "Zoning", and Chapter 34 "Housing Fund", in connection with the transfer of responsibilities regarding affordable housing from the Special Projects Coordinator to the Government Liaison Officer.", reads as follows: LOCAL LAW NO. 4 of 2016 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280 "Zoning", and Chapter 34 "Housing Fund", in connection with the transfer of responsibilities regarding affordable housing from the Special Projects Coordinator to the Government Liaison Officer." BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose: The Town Board desires to transfer the responsibilities for the administration of the Town of Southold's Affordable Housing Program from the vacant position of Special Projects Coordinator to the newly created position of Government Liaison Officer. II. Chapters 280 and 34 of the Code of the Town of Southold is hereby amended as follows: § 280-25. Definitions. 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. Government Liaison Officer. SPECIAL PROJECTS COORDINATOR Government Liaison Officer-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. Southold Town Board Regular Meeting page 42 May 3, 2016 § 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 Goardinater Government Liaison Officer. 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 Government Liaison Officer, the issuance of a rental permit in accordance with § 280-13D and the following conditions: §280-30. General regulations and requirements. A. The Town Board shall require the recording of covenants and restrictions that shall apply to all real property within the AHD District. The covenants and restrictions shall contain terms and conditions as the Town Board and Planning Board deem necessary to insure the property is used for purposes consistent with the purposes for which the AHD zoning classification was created, and they shall be subject to the approval of the Town Attorney. The covenants and restrictions shall include the following: (1) An owner of an improved or unimproved parcel of property within the AHD District shall, at least 30 days prior to entering into an agreement or contract to convey the parcel, provide a copy of the proposed contract to the Town Clerk with a written notice of the owner's intent to enter into the contract. The Town Clerk shall forward a copy of the owner's notice of intent and the proposed contract to the Town Board and Special Projects Coordinator Government Liaison Officer. Within 20 days of receipt of the owner's notice of intention, the Town shall notify the owner in writing as to whether or not the terms of the sale comply with the provisions of this chapter relating to the resale of AHD parcels. (4) An owner of an improved or unimproved parcel of property within the AHD District shall, at least 14 days prior to entering into a lease with regard to said parcel, provide a copy of the proposed lease to the Town Clerk with a written notice of the owner's intent to enter into the lease. The Town Clerk shall forward a copy of the owner's notice of intent and the proposed lease to the Town Board and to the Special Projects Coordinator Government Liaison Officer. Within seven days of receipt of the owner's notice of intention, the Town shall notify the owner in writing as to whether or not the terms of the lease comply with the provisions of this chapter relating to the leasing of AHD parcels. Southold Town Board Regular Meeting page 43 May 3, 2016 C. Eligibility (non-age-restricted). In each AHD, the sale or lease of dwelling units and unimproved lots shall be reserved for moderate-income families who do not have any ownership interest in any other residence or vacant lot. The net worth of an applicant (individual or family) shall not exceed 25% of the purchase price of a home sold pursuant to this section. The eligible applicants shall be grouped on a priority basis, and a lottery system will be administered by the Special Projects Coordinator Government Liaison Officer within each group in a formula acceptable to the Town Board. The priority groups are as follows: E. Resale price of dwelling units and unimproved lots. (1) Dwelling units in an AHD District reserved for moderate-income families must be resold to moderate-income families who are registered with the Special Projects Coordinator Government Liaison Officer as eligible and in need of housing. In an effort to ensure perpetual affordability, the maximum resale price shall not exceed the purchase price plus the cost of permanent fixed improvements, adjusted for the increase in the consumer price index during the period of ownership of such dwelling unit and such capital improvements plus reasonable and necessary resale expenses. All capital improvements require the approval of the Special Projects Coordinator Government Liaison Officer who will submit such improvements to the Housing Advisory Commission for determination of: (a) whether the capital improvement is warranted and (b) if warranted, the value of appreciation to the property at time of improvement and (c)the value (if any) upon resale. The Housing Advisory Commission will provide quarterly reports to the Town Board pertaining to AHD provisions (i.e., sales, resales, capital improvements, etc.). § 280-31. Administration A. General duties of Special Projects Coordinator Government Liaison Officer. (1) The Special Projects Coordinator Government Liaison Officer shall be responsible for the administration of dwelling units and unimproved lots reserved for moderate-income families in all AHD Districts pursuant to the provisions of this article. (2) The Special Projects Coordinator Government Liaison Officer shall promulgate and maintain information and documentation of all dwelling units and unimproved lots reserved for moderate-income families in all AHD Districts; the number thereof available for sale or lease at all times; the sales prices and monthly rent for such dwelling units and lots; and the names and addresses of eligible families desiring to purchase or lease the same, together with a priority list of such families. The Special Projects Coordinator Government Liaison Officer shall maintain such other records and documents as shall be required to properly administer the provisions of this article. B. Interagency cooperation. (1) Whenever the Town Board approves the establishment of an AHD District, a Southold Town Board Regular Meeting page 44 May 3, 2016 copy of such determination shall be filed with the Building Inspector and the Special Projects Coordinator Government Liaison Officer, together with a copy of any agreements and/or covenants relating thereto. (2) Whenever the Planning Board approves a subdivision plat and/or a site plan affecting land within an AHD District, a copy thereof shall be filed with the Building Inspector and the Special Projects Coordinator Government Liaison Officer, together with copies of any agreements and/or covenants relating thereto. (3) Whenever the Building Inspector shall issue a building permit, a certificate of occupancy or any other permit or authorization affecting dwelling units and/or unimproved lots located in an AHD District and reserved for sale or lease to moderate-income families, a copy thereof shall be filed with the Special Projects Coordinator Government Liaison Officer. C. Procedure. (1) Whenever the Building Inspector receives an application for a building permit or a certificate of occupancy for a dwelling unit or unimproved lot located in an AHD District and reserved for sale or lease to moderate-income families, the Building Inspector shall file a copy thereof with the Special Projects Coordinator Government Liaison Officer, who shall inform the owner and/or person filing such application of the maximum sales price or monthly rent for such dwelling unit or lot as well as eligibility requirements for families seeking to purchase or lease such dwelling units or lots. (2) No building permit or certificate of occupancy may be issued by the Building Inspector until the Special Projects Coordinator Government Liaison Officer has supplied the Building Inspector with the information provided for in the preceding subsection and the Building Inspector determines that the issuance of the building permit or certificate of occupancy will not permit a use, occupancy, sale or lease of a dwelling unit or unimproved lot in violation of the provisions of this article. (3) The Special Projects Coordinator Government Liaison Officer shall certify the eligibility of all applicants for lease or purchase of dwelling units and unimproved lots reserved for moderate-income families. An owner of dwelling units and unimproved lots in an AHD District which are reserved for sale or lease to moderate-income families shall not sell or lease the same to any person who does not possess a certificate of eligibility issued by the Special Projects Coordinator Government Liaison Officer. A violation of the provisions of this subsection shall constitute grounds for the revocation of a certificate of occupancy. (4) On or before March 31 of each year, the Special Projects Coordinator Government Liaison Officer shall notify the owner or manager of dwelling units and unimproved lots reserved for moderate-income families of the monthly rent, sales price and income eligibility requirements for such units and lots based upon data derived from the preceding year. (5) The owner or manager of dwelling units and unimproved lots reserved for moderate-income families shall certify in writing to the Special Projects Coordinator Government Liaison Officer on or before May 31 of each year, that the sale and/or lease of such dwelling units and lots comply with the provisions of Southold Town Board Regular Meeting page 45 May 3, 2016 this article and Chapter 280 of the Town Code. (6) When a dwelling unit reserved for lease to moderate-income families is to be rented, the lease for such unit shall not exceed a term of two years. (7) An applicant for a certificate of eligibility aggrieved by any determination of the Special Projects Coordinator Government Liaison Officer shall have the right to appeal such determination to the Town Board at its next regularly scheduled work session or to any standing committee of the Town Board designated by resolution to hear such appeals. (8) The only covenants and restrictions which may even be placed upon any lot or dwelling unit in an AHD District must be first approved by action of the Town Board. §280-13 Use regulations D. Rental permit for accessory apartments. Notwithstanding any prior course of conduct or permission granted, no owner of property shall cause,permit, or allow the occupancy or use of an accessory apartment created pursuant to § 280-13A(6) or § 280-13B(13) without a valid rental permit issued upon application to the Chief Building Inspector. [Added 6-15-2010 by L.L. No. 2-2010] (4) Review of application. The application for a rental permit shall be reviewed for completeness and accuracy by the Chief Building Inspector and, in the case of applications pertaining to accessory apartments in accessory structures, by the. Special Projects Coordinator Government Liaison Officer. The Chief Building Inspector shall not issue a rental permit unless the application includes all of the requisite information enumerated in § 280-13D(1)through (3) and written approval by the Special Projects Coordinator Government Liaison Officer that the requirements of§ 280-13B(13)(j) have been satisfied. The Chief Building Inspector shall have the right to inspect the property to confirm compliance with the New York State Uniform Fire Prevention and Building Code and this Code. §34-6. Housing Fund B. The Special Projects Coordinator Government Liaison Officer for affordable housing will assist the Commission with administrative tasks, such as scheduling meetings, transcribing minutes, etc. The Commission should meet at a minimum of once a month. The primary functions of the Commission are to: (1) Ensure that an efficient, cost effective and expedient production of affordable housing is created and maintained. (2) Serve as a liaison for community members within their respective hamlets/villages regarding affordable housing. (3) Identify appropriate sites for the development of affordable housing within respective hamlets/villages. (4) Approve capital improvement requests from residents living in housing units. Southold Town Board Regular Meeting page 46 May 3, 2016 (5) Make recommendations to the Town Board relating to affordable housing. 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-2016-466 EI Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled _ ❑ Withdrawn James Dinizio Jr Voter ll ❑ 0 0 ❑ Supervisor's Appt William P.Ruland Seconder Lel 0 0 ❑ ❑ Tax Receiver's Appt Jill Doherty Voter ll 0 0 0 ❑ Rescinded Robert Ghosio Voter El ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans ' Mover Lel 0 0 0 ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ 0 ❑ No Action ❑ Lost Motion To: Motion to recess to Public Hearing RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed at 5:08 PM in order to hold public hearings. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell VI. Public Hearings PH 5/3/16 @ 4:31 PM in Connection with Stop Work Orders This public hearing was declared Closed at 5:12PM Southold Town Board Regular Meeting page 47 May 3, 2016 RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Councilman Robert Ghosio,Jr. COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN that there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 5th day of April, 2016, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280 "Zoning", and Chapter 144 "Fire Prevention and Building Code Administration", in connection with Stop Work Orders." and 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 3rd day of May,2016 at 4:31 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", and Chapter 144 "Fire Prevention and Building Code Administration", in connection with Stop Work Orders.", reads as follows: LOCAL LAW NO. ,2016 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280 "Zoning", and Chapter 144 "Fire Prevention and Building Code Administration", in connection with Stop Work Orders." BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose: The Town Board has determined that Chapter 280 and Chapter 144 shall be amended in order to clarify that a Code Enforcement Officer has the authority to issue a Stop Work Order. II. Chapters 280 and 144 of the Code of the Town of Southold is hereby amended as follows: §280-153. Whenever the Building Inspector or Code Enforcement Officer has reasonable grounds to believe that work on any building or structure is being prosecuted in violation of the provisions of the applicable law, ordinances or regulations or not in conformity with the provisions of an application, plans or specifications on the basis of which a building permit was issued or in an unsafe and dangerous manner, he shall notify the owner of the property or the owner's agent or the person performing the work to suspend all building activities until the stop order has been rescinded. Such order and notice shall be in writing and shall state the conditions under which • Southold Town Board Regular Meeting page 48 May 3, 2016 the work may be resumed and may be served upon a person to whom it is directed either by delivering it personally to him or by posting the same upon a conspicuous portion of the building under construction and sending a copy of the same by certified mail. §144-3. A. It shall be the duty of the Building Inspectors (hereinafter referred to as the "Building Inspector")to administer and enforce the Uniform Code and the Energy Code and the provisions of this chapter. B. In addition to the inspectors, as provided by Subsection A of this section, the Town Board may appoint one Assistant Inspector for each of the fire districts in the Town, who shall be recommended by the respective Board of Fire Commissioners. Such Assistant Inspectors shall serve for a term of one year or at the pleasure of the Town Board. Assistant Inspectors shall serve without compensation, but shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties within the appropriations made therefor by the Town Board. Such Assistant Inspectors shall not have enforcement powers, their duties being limited to conducting periodic inspections for compliance with the fire prevention provisions (Chapter C) of the Uniform Code and the Energy Code. Assistant Inspectors shall have the same right to enter and inspect buildings and premises as conferred upon the Building Inspector. C. For this chapter, the term "Building Inspector" shall include and refer to: (1) Building Inspectors of the Town of Southold; (2) The Director of Code Enforcement of the Town of Southold; (3) The Engineer Inspector of the Town of Southold; (4) Building Permits Examiner; and (5) Fire Inspector: ; and (6) Code Enforcement Officer D. 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 International Dictionary of the English Language, unabridged (or latest edition). 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. III. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. I do have a letter here from the Department of Economic Development and Planning of Suffolk County that pursuant to sections A 14-14 of Suffolk County Administrative Code, a decision of local determination can be made and that a decision of local determination should not be construed as either an approval or a disapproval. I do have a memorandum from the Planning Board concerning the local law. Thank you for the opportunity to provide comments on the Southold Town Board Regular Meeting page 49 May 3, 2016 Local Law and the Planning Board does support the adoption. I have a memorandum from the Local Waterfront Revitalization Program coordinator, and the LWRP does find this to be consistent. I also have a letter here from the Planning Board office that the proposed action has been reviewed to the New York State Environmental Conservation and it is found to be not subject to SEQRA review and it is a type II action. I do have here a notarized document that tells us that this has been noticed on the Town Clerk's website and on the bulletin board. And I also have a copy of the ad that was placed in the Suffolk Times. I do believe that is it. Supervisor Scott A. Russell SUPERVISOR RUSSELL: I would invite anybody that would like to comment on this local law to please feel free? (No response) PH 5/3/16 @ 4:32 PM - Amendments to Chapters 280 and 34 This public hearing was declared Closed at 5:15PM RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Councilman Robert Ghosio, Jr. COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN that there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 5th day of April, 2016, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280 "Zoning", and Chapter 34 "Housing Fund", in connection with the transfer of responsibilities regarding affordable housing from the Special Projects Coordinator to the Government Liaison Officer." and 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 3rd day of May, 2016 at 4:32 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", and Chapter 34 "Housing Fund", in connection with the transfer of responsibilities regarding affordable housing from the Special Projects Coordinator to the Government Liaison Officer.", reads as follows: LOCAL LAW NO. , 2016 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280 "Zoning", and Chapter 34 "Housing Fund", in connection with the transfer of responsibilities regarding affordable housing from the Special Projects Coordinator to the Government Liaison Officer." Southold Town Board Regular Meeting page 50 May 3, 2016 BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose: The Town Board desires to transfer the responsibilities for the administration of the Town of Southold's Affordable Housing Program from the vacant position of Special Projects Coordinator to the newly created position of Government Liaison Officer. II. Chapters 280 and 34 of the Code of the Town of Southold is hereby amended as follows: § 280-25. Definitions. 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. Government Liaison Officer. ' :. _ ' ' ! .'.. _ e e '.? k • ! ' Government Liaison Officer-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 Goordinatof Government Liaison Officer. 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 Government Liaison Officer, the issuance of a rental permit in accordance with § 280-13D and the following conditions: § 280-30. General regulations and requirements. A. The Town Board shall require the recording of covenants and restrictions that shall apply to all real property within the AHD District. The covenants and restrictions shall contain Southold Town Board Regular Meeting page 51 May 3, 2016 terms and conditions as the Town Board and Planning Board deem necessary to insure the property is used for purposes consistent with the purposes for which the AHD zoning classification was created, and they shall be subject to the approval of the Town Attorney. The covenants and restrictions shall include the following: (1) An owner of an improved or unimproved parcel of property within the AHD District shall, at least 30 days prior to entering into an agreement or contract to convey the parcel, provide a copy of the proposed contract to the Town Clerk with a written notice of the owner's intent to enter into the contract. The Town Clerk shall forward a copy of the owner's notice of intent and the proposed contract to the Town Board and Special Projects Coordinator Government Liaison Officer. Within 20 days of receipt of the owner's notice of intention, the Town shall notify the owner in writing as to whether or not the terms of the sale comply with the provisions of this chapter relating to the resale of AHD parcels. (4) An owner of an improved or unimproved parcel of property within the AHD District shall, at least 14 days prior to entering into a lease with regard to said parcel,provide a copy of the proposed lease to the Town Clerk with a written notice of the owner's intent to enter into the lease. The Town Clerk shall forward a copy of the owner's notice of intent and the proposed lease to the Town Board and to the Special Projects Coordinator Government Liaison Officer. Within seven days of receipt of the owner's notice of intention, the Town shall notify the owner in writing as to whether or not the terms of the lease comply with the provisions of this chapter relating to the leasing of AHD parcels. C. Eligibility (non-age-restricted). In each AHD, the sale or lease of dwelling units and unimproved lots shall be reserved for moderate-income families who do not have any ownership interest in any other residence or vacant lot. The net worth of an applicant (individual or family) shall not exceed 25% of the purchase price of a home sold pursuant to this section. The eligible applicants shall be grouped on a priority basis, and a lottery system will be administered by the Special Projects Coordinator Government Liaison Officer within each group in a formula acceptable to the Town Board. The priority groups are as follows: E. Resale price of dwelling units and unimproved lots. (1) Dwelling units in an AHD District reserved for moderate-income families must be resold to moderate-income families who are registered with the Special Projects Coordinator Government Liaison Officer as eligible and in need of housing. In an effort to ensure perpetual affordability, the maximum resale price shall not exceed the purchase price plus the cost of permanent fixed improvements, adjusted for the increase in the consumer price index during the period of ownership of such dwelling unit and such capital improvements plus reasonable and necessary resale expenses. All capital improvements require the approval of the Special Projects Coordinator Government Liaison Officer who will submit such improvements to the Housing Advisory Commission for determination of: (a) whether the capital improvement is warranted and (b) if warranted, the value of appreciation to the property at time of improvement and (c) the value (if any) Southold Town Board Regular Meeting page 52 May 3, 2016 upon resale. The Housing Advisory Commission will provide quarterly reports to the Town Board pertaining to AHD provisions (i.e., sales, resales, capital improvements, etc.). § 280-31. Administration A. General duties of Special Projects Coordinator Government Liaison Officer. (1) The Special Projects Coordinator Government Liaison Officer shall be responsible for the administration of dwelling units and unimproved lots reserved for moderate-income families in all AHD Districts pursuant to the provisions of this article. (2) The Special Projects Coordinator Government Liaison Officer shall promulgate and maintain information and documentation of all dwelling units and unimproved lots reserved for moderate-income families in all AHD Districts; the number thereof available for sale or lease at all times; the sales prices and monthly rent for such dwelling units and lots; and the names and addresses of eligible families desiring to purchase or lease the same, together with a priority list of such families. The Special Projects Coordinator Government Liaison Officer shall maintain such other records and documents as shall be required to properly administer the provisions of this article. B. Interagency cooperation. (1) Whenever the Town Board approves the establishment of an AHD District, a copy of such determination shall be filed with the Building Inspector and the Special Projects Coordinator Government Liaison Officer,together with a copy of any agreements and/or covenants relating thereto. (2) Whenever the Planning Board approves a subdivision plat and/or a site plan affecting land within an AHD District, a copy thereof shall be filed with the Building Inspector and the Special Projects Coordinator Government Liaison Officer, together with copies of any agreements and/or covenants relating thereto. (3) Whenever the Building Inspector shall issue a building permit, a certificate of occupancy or any other permit or authorization affecting dwelling units and/or unimproved lots located in an AHD District and reserved for sale or lease to moderate-income families, a copy thereof shall be filed with the Special Projects Coordinator Government Liaison Officer. C. Procedure. (1)' Whenever the Building Inspector receives an application for a building permit or a certificate of occupancy for a dwelling unit or unimproved lot located in an AHD District and reserved for sale or lease to moderate-income families, the Building Inspector shall file a copy thereof with the Special Projects Coordinator Government Liaison Officer, who shall inform the owner and/or person filing such application of the maximum sales price or monthly rent for such dwelling Southold Town Board Regular Meeting page 53 May 3, 2016 unit or lot as well as eligibility requirements for families seeking to purchase or lease such dwelling units or lots. (2) No building permit or certificate of occupancy may be issued by the Building Inspector until the Special Projects Coordinator Government Liaison Officer has supplied the Building Inspector with the information provided for in the preceding subsection and the Building Inspector determines that the issuance of the building permit or certificate of occupancy will not permit a use, occupancy, sale or lease of a dwelling unit or unimproved lot in violation of the provisions of this article. (3) The Special Projects Coordinator Government Liaison Officer shall certify the eligibility of all applicants for lease or purchase of dwelling units and unimproved lots reserved for moderate-income families. An owner of dwelling units and unimproved lots in an AHD District which are reserved for sale or lease to moderate-income families shall not sell or lease the same to any person who does not possess a certificate of eligibility issued by the Special Projects Coordinator Government Liaison Officer. A violation of the provisions of this subsection shall constitute grounds for the revocation of a certificate of occupancy. (4) On or before March 31 of each year,the Special Projects Coordinator Government Liaison Officer shall notify the owner or manager of dwelling units and unimproved lots reserved for moderate-income families of the monthly rent, sales price and income eligibility requirements for such units and lots based upon data derived from the preceding year. (5) The owner or manager of dwelling units and unimproved lots reserved for moderate-income families shall certify in writing to the Special Projects Coordinator Government Liaison Officer on or before May 31 of each year, that the sale and/or lease of such dwelling units and lots comply with the provisions of this article and Chapter 280 of the Town Code. (6) When a dwelling unit reserved for lease to moderate-income families is to be rented, the lease for such unit shall not exceed a term of two years. (7) An applicant for a certificate of eligibility aggrieved by any determination of the Special Projects Coordinator Government Liaison Officer shall have the right to appeal such determination to the Town Board at its next regularly scheduled work session or to any standing committee of the Town Board designated by resolution to hear such appeals. (8) The only covenants and restrictions which may even be placed upon any lot or dwelling unit in an AHD District must be first approved by action of the Town Board. §280-13 Use regulations D. Rental permit for accessory apartments.Notwithstanding any prior course of conduct or permission granted, no owner of property shall cause, permit, or allow the occupancy or use of an accessory apartment created pursuant to § 280-13A(6) or § 280-13B(13) without a valid rental permit issued upon application to the Chief Building Inspector. [Added 6-15-2010 by L.L. No. 2-2010] Southold Town Board Regular Meeting page 54 May 3, 2016 (4) Review of application. The application for a rental permit shall be reviewed for completeness and accuracy by the Chief Building Inspector and, in the case of applications pertaining to accessory apartments in accessory structures, by the. Special Projects Coordinator Government Liaison Officer. The Chief Building Inspector shall not issue a rental permit unless the application includes all of the requisite information enumerated in § 280-13D(1)through (3) and written approval by the Special Projects Coordinator Government Liaison Officer that the requirements of§ 280-13B(13)(j)have been satisfied. The Chief Building Inspector shall have the right to inspect the property to confirm compliance with the New York State Uniform Fire Prevention and Building Code and this Code. §34-6. Housing Fund B. The Special Projects Coordinator Government Liaison Officer for affordable housing will assist the Commission with administrative tasks, such as scheduling meetings, transcribing minutes, etc. The Commission should meet at a minimum of once a month. The primary functions of the Commission are to: (1) Ensure that an efficient, cost effective and expedient production of affordable housing is created and maintained. (2) Serve as a liaison for community members within their respective hamlets/villages regarding affordable housing. (3) Identify appropriate sites for the development of affordable housing within respective hamlets/villages. (4) Approve capital improvement requests from residents living in housing units. (5) Make recommendations to the Town Board relating to affordable housing. 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 letter from the Suffolk County Department of Economic Development and Planning determining that this is a matter of local determination with no apparent county-wide or inter- community impacts. This determination shall not be construed as either an approval or a disapproval. I have a memo from the Planning Office and the Planning Board does support the adoption of this legislation. I have a memorandum from the Local Waterfront Revitalization Southold Town Board Regular Meeting page 55 May 3, 2016 Program Coordinator, finding that this action is consistent with the LWRP. I have another memorandum from the Planning Board that this is a Type II action and therefore not subject to SEQRA review. I have notarized letter that this has been printed and put on the Town Clerk's bulletin board and I also have a copy of the announcement in the Suffolk Times. And that is it. Supervisor Scott A. Russell SUPERVISOR RUSSELL: Would anybody like to comment on this particular local law? (No response) Closing Comments Supervisor Russell SUPERVISOR RUSSELL: That concludes the business of the agenda. I would invite anyone that would like to address the Town Board to please feel free? (No response) Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 5:17P.M. * * * * * EliO.eth A.Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell