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Home My WebLink AboutAG-07/12/2016 ELIZABETH A. NEVILLE Town Hall, 53095 Main Road TOWN CLERK PO Box 1179 Southold, NY 11971 REGISTRAR OF VITAL STATISTICS Fax (631) 765-6145 MARRIAGE OFFICER Telephone: (631) 765 - 1800 RECORDS MANAGEMENT OFFICER www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER AGENDA SOUTHOLD TOWN BOARD July 12, 2016 4:30 PM POLICY: At scheduled Town Board meetings, the attending public is encouraged to briefly address the Town Board relating to agenda resolutions prior to their enactment; the public will also be given time at the conclusion of the regularly scheduled business agenda to address the Board on any given topic. ONLINE ACCESS: The Agenda is generally available the Friday before the meeting. The video of the meeting is usually available 1-2 hours after the meeting. Minutes with adopted resolutions are available 1-2 days after the meeting. A full copy of the minutes, agenda and meeting video can be viewed in one of two ways: (1) The town of Southold website: www.southoldtownny.gov Click on “Town Board On- Line”; Click Box “Yes” to be redirected to IQM2 and you will then be redirected to the Town Clerk online site. (2) www.townclerk.com Enter zip code 11971 in box on lower right hand side and “enter”. On the left hand side of screen a dark blue box will pop up, you will see "Town of Southold, Long Island, NY", click on this and another box will pop up that will tell you that you are being directed to another site click on “Yes” to go into the Town Clerk site. Go to the date of the meeting and click on "Minutes Packet" this is the full copy of the resolutions. (Scroll to bottom of page for KEY to symbols). You can view the live video of the meeting by clicking on the camera symbol. All of this information is available 24/7. If you would like help navigating the site, please feel free to call my office 631-765-1800. CALL TO ORDER 4:30 PM Meeting called to order on July 12, 2016 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee NamePresentAbsentLateArrived Councilman James Dinizio Jr  Councilman William P. Ruland  Councilwoman Jill Doherty  Councilman Robert Ghosio  Justice Louisa P. Evans  Supervisor Scott A. Russell  Southold Town Meeting Agenda - July 12, 2016 Page 2 I. REPORTS 1. Recreation Department Monthly Report May 2016 2. Solid Waste District Monthly Reports April 2016 May 2016 3. Planning Board Monthly Report May 2016 4. Zoning Board of Appeals Monthly Report June 2016 II. PUBLIC NOTICES 1. NYS Public Service Commission Wireless Pole Attachment Protections 2. NYS Dept of Public Service Public Input - gas delivery rate increase III. COMMUNICATIONS IV. DISCUSSION 1. 9:00 AM John Cushman Refunding of Bonds and Financial Overview 2. 9:30 AM Lloyd Reisenberg Town of Southold Information Technologies Department Disaster Recovery Plan 3. 9:45 AM Economic Development Committee Update on Current Initiatives 4. 10:00 AM Denis Noncarrow and Valerie Shelby Update on Anti-Bias Task Force Initiatives 5. Suffolk County Planning & East End Transportation Council East End Transportation Summit & LIRR Network Strategy Plans 6. NYS Tourism Signage Southold Town Meeting Agenda - July 12, 2016 Page 3 7. EXECUTIVE SESSION - Proposed Property Acquisition(S), Publicity of Which Would Substantially Affect the Value Thereof 11:00 AM Melissa Spiro 8. EXECUTIVE SESSION - Labor - Matters Involving Employment of Particular Person(S) 11:30 AM Town Attorney 9. 10:15 AM Melissa Spiro CPF Update - Agricultural Stewardship 10. 10:30 Am - Art Leudesdorf Suffolk County Blueway Trail V. RESOLUTIONS 2016-661 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby July 12, 2016. Vote Record - Resolution RES-2016-661  Adopted Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  James Dinizio Jr  Tabled  Withdrawn  William P. Ruland  Supervisor's Appt  Jill Doherty Tax Receiver's Appt Robert Ghosio  Rescinded Town Clerk's Appt Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell No Action  Lost  2016-662 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Next Town Board Meeting Southold Town Meeting Agenda - July 12, 2016 Page 4 RESOLVED held, that the next Regular Town Board Meeting of the Southold Town Board be Tuesday, July 26, 2016 at the Southold Town Hall, Southold, New York at 7:30 P.M. Vote Record - Resolution RES-2016-662  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated James Dinizio Jr Tabled Withdrawn William P. Ruland  Supervisor's Appt  Jill Doherty  Tax Receiver's Appt  Robert Ghosio Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell  No Action Lost 2016-663 CATEGORY: Refund DEPARTMENT: Town Clerk Clean Up Deposit Returns WHEREAS the following groups have supplied the Town of Southold with a Clean-up Deposit 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 to the following: Name Date Received Amount Out Run RETT 5K 12/17/15 $1500.00 560 Deer Drive Mattituck, NY 11952 North Fork Marines 1/12/16 $1500.00 PO Box 65 Mattituck, NY 11952 North Shore Bike Tour 2/17/16 $1500.00 C/o John Acquaro 2539 Ocean Ave Southold Town Meeting Agenda - July 12, 2016 Page 5 Ronkonkoma, NY 11779 Cornell Cooperative 3/21/16 $1500.00 423 Griffing Avenue, Suite 100 Riverhead, NY 11901 Vote Record - Resolution RES-2016-663  Adopted Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  James Dinizio Jr  Tabled  Withdrawn  William P. Ruland  Supervisor's Appt  Jill Doherty Tax Receiver's Appt Robert Ghosio  Rescinded Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell No Action  Lost  2016-664 CATEGORY: Refund DEPARTMENT: Town Clerk Refund Beach Sticker - Libassi RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund of $40.00 to Paul Libassi, 304 Mineola Blvd, Mineola NY 11501 for a Guest/Lessee Beach Permit that was purchased in error. Vote Record - Resolution RES-2016-664  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  James Dinizio Jr  Tabled  Withdrawn William P. Ruland  Supervisor's Appt Jill Doherty Tax Receiver's Appt Robert Ghosio  Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell No Action  Lost  Southold Town Meeting Agenda - July 12, 2016 Page 6 2016-665 CATEGORY: Special Events DEPARTMENT: Town Clerk American Legion Car Show Financial Impact: Cost Analysis: $ 197.52 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the American Legion Griswold-Terry-Glover Post 803 to hold an Antique Car Show on August 28, 2016 from 10:00 AM to 5:00 PM at the American Legion, Main Road, Southold. They are also requesting Partial closure of Tuckers Lane, provided they file with the Town Clerk a Two Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and comply with all the provisions of the Town’s Special Permit Policy. All fees associated with this approval shall be waived, with the exception of the clean-up deposit. Vote Record - Resolution RES-2016-665  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  James Dinizio Jr  Tabled  Withdrawn  William P. Ruland  Supervisor's Appt Jill Doherty Tax Receiver's Appt Robert Ghosio  Rescinded Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell No Action  Lost  2016-666 CATEGORY: Attend Seminar DEPARTMENT: Police Dept Police Department-Training Request RESOLVED grants permission to Police that the Town Board of the Town of Southold hereby st Officer William Brewer to attend the 41 annual training conference for the State of New th York Police Juvenile Officers Association in Geneva New York from August 29 through nd September 2, 2016. All expenses for registration, travel to be a legal charge to the 2016 budget line A.3157.4.600.200. Vote Record - Resolution RES-2016-666  Yes/AyeNo/NayAbstainAbsent Adopted Adopted as Amended James Dinizio Jr  Southold Town Meeting Agenda - July 12, 2016 Page 7 Defeated  William P. Ruland  Tabled  Jill Doherty Withdrawn Robert Ghosio  Supervisor's Appt Tax Receiver's Appt Louisa P. Evans  Rescinded  Scott A. Russell Town Clerk's Appt  Supt Hgwys Appt  No Action  Lost  2016-667 CATEGORY: Organizational DEPARTMENT: Town Clerk Waive 30 day period liquor license renewal waives the thirty (30) RESOLVED that the Town Board of the Town of Southold hereby notification period for the renewal of a liquor license to Four Doors Down, 10560 Main Road, Mattituck, New York. Vote Record - Resolution RES-2016-667  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  James Dinizio Jr Tabled Withdrawn William P. Ruland  Supervisor's Appt Jill Doherty  Tax Receiver's Appt  Robert Ghosio Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell  No Action  Lost 2016-668 CATEGORY: Special Events DEPARTMENT: Town Clerk Harvest East End Southold Town Meeting Agenda - July 12, 2016 Page 8 RESOLVED that pursuant to the provisions of Section 205-7(A) of the Southold Town Code, grants permission and authorizes the Town the Town Board of the Town of Southold hereby Clerk to issue a Special Events Permit for the “Harvest East End” event at 22600 Main Road, Cutchogue, to be held on August 20 2016, from 6:30 PM to 10:00 PM provided they file a Certificate of Liability Insurance naming the Town of Southold as additional insured for two million dollars and comply with all the conditions of the Town’s Policy for Special Events. Vote Record - Resolution RES-2016-668  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated James Dinizio Jr Tabled Withdrawn  William P. Ruland  Supervisor's Appt  Jill Doherty  Tax Receiver's Appt  Robert Ghosio Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell  No Action Lost 2016-669 CATEGORY: Employment - Town DEPARTMENT: Recreation Hire Seasonal Employee RESOLVED that the Town Board of the Town of Southold hereby appoints the following individual for the 2016 seasonal summer staff for the period July 13 - September 5 as follows: STILLWATER LIFEGUARD HOURLY SALARY Pawel Klibisz (1st year)………………………………… $12.17 Vote Record - Resolution RES-2016-669  Adopted  Yes/AyeNo/NayAbstainAbsent Adopted as Amended  Defeated  James Dinizio Jr Tabled  William P. Ruland  Withdrawn Jill Doherty  Supervisor's Appt Tax Receiver's Appt Robert Ghosio Rescinded  Louisa P. Evans  Town Clerk's Appt  Scott A. Russell  Supt Hgwys Appt  No Action  Lost  Southold Town Meeting Agenda - July 12, 2016 Page 9 2016-670 CATEGORY: Refund DEPARTMENT: Town Clerk Refund of Dog License Payment RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund of $11.00 to Carol Hydell, Henry’s Lane, Peconic, NY 11958 to return the money she put in the Town Clerk's daily deposit to cover a dog license #471000051 that should have been renewed but she renewed #47100072 instead in error. Vote Record - Resolution RES-2016-670  Adopted  Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated James Dinizio Jr Tabled Withdrawn  William P. Ruland  Supervisor's Appt  Jill Doherty  Tax Receiver's Appt  Robert Ghosio Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt Scott A. Russell  No Action Lost 2016-671 CATEGORY: Budget Modification DEPARTMENT: Police Dept Police Department-Budget Modification Financial Impact: Donation - Norris RESOLVED modifies the 2016 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: From: A.2705.40 Gifts and Donations $1,000 Total $1,000 Southold Town Meeting Agenda - July 12, 2016 Page 10 To: A.3120.4.400.650 Police/C.E./Vehicle Maint & Repairs $1,000 Total $1,000 Vote Record - Resolution RES-2016-671  Adopted Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  James Dinizio Jr  Tabled  Withdrawn  William P. Ruland  Supervisor's Appt  Jill Doherty Tax Receiver's Appt Robert Ghosio  Rescinded Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell No Action  Lost  2016-672 CATEGORY: Organizational DEPARTMENT: Town Clerk Manfredi Family Fireworks Permit RESOLVED that the Town Board of the Town of Southold hereby approves the issuance of a Fireworks Permit by the Town Clerk to the Manfredi Family, for a fireworks display on Saturday, July 30, 2016 at 9:00 PM ( Rain Date: Sunday, July 31, 2016 at 9:00 PM) on the beachfront off 240 Sunset Path, Southold, New York upon payment of a single fee of $100.00 and subject to the applicant’s compliance with the requirements of the Town of Southold’s Policy regarding the issuance of fireworks permits. Vote Record - Resolution RES-2016-672  Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated James Dinizio Jr  Tabled  Withdrawn  William P. Ruland Supervisor's Appt  Jill Doherty  Tax Receiver's Appt  Robert Ghosio  Rescinded  Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell  No Action Lost  Southold Town Meeting Agenda - July 12, 2016 Page 11 2016-673 CATEGORY: Refund DEPARTMENT: Town Clerk Various Clean Up Deposits RESOLVED that the Town Board of the Town of Southold hereby amends resolution #2016-568 adopted at the May 31, 2016 regular Town Board meeting as follows: WHEREAS the following groups have supplied the Town of Southold with a Clean-up Deposit 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 to the following: Name Date Received Amount Out Run RETT 5K 12/17/15 $250.00 560 Deer Drive Mattituck, NY 11952 Cornell Cooperative Ext. of S. C. 3/21/16 $250.00 should be $1500 not $250.00 423 Griffing Avenue, Suite 100 separate resolution done. Riverhead, NY 11901 American Diabetes Association 10/19/15 $250.00 1701 North Beauregard Street Alexandria, VA 22311 John Acquaro 2/17/16 $250.00 2539 Ocean Avenue Ronkonkoma, NY 11779 Vote Record - Resolution RES-2016-673  Adopted  Yes/AyeNo/NayAbstainAbsent Adopted as Amended James Dinizio Jr Defeated Tabled William P. Ruland  Withdrawn  Jill Doherty  Supervisor's Appt  Robert Ghosio Tax Receiver's Appt  Rescinded  Louisa P. Evans  Town Clerk's Appt  Scott A. Russell  Supt Hgwys Appt Southold Town Meeting Agenda - July 12, 2016 Page 12 No Action  Lost  2016-674 CATEGORY: Bond DEPARTMENT: Town Clerk 2016 Refunding Bond REFUNDING BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED JULY 12, 2016, AUTHORIZING THE REFUNDING OF CERTAIN OUTSTANDING SERIAL BONDS OF SAID TOWN, STATING THE PLAN OF REFUNDING, APPROPRIATING AN AMOUNT NOT TO EXCEED $23,000,000 FOR SUCH PURPOSE, AUTHORIZING THE ISSUANCE OF REFUNDING BONDS IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $23,000,000 TO FINANCE SAID APPROPRIATION, AND MAKING CERTAIN OTHER DETERMINATIONS RELATIVE THERETO Recitals WHEREAS, the Town of Southold, in the County of Suffolk, New York (herein called the “Town”), has heretofore issued on May 29, 2008 its $8,850,000 Public Improvement Serial Bonds-2008 (the “2008 Bonds”), which are currently outstanding in the principal amount of $6,075,000 (the “Outstanding 2008 Bonds”), and mature on May 15 in each of the years and in the principal amounts and bear interest payable semiannually on May 15 and November 15 in each year to maturity, as follows: Year of Principal Interest Maturity Amount Rate 2017 $375,000 4.00% 2018 400,000 4.00 2019 400,000 4.00 2020 400,000 4.00 2021 425,000 4.00 2022 425,000 4.00 2023 425,000 4.00 2024 450,000 4.00 2025 450,000 4.125 2026 450,000 4.25 Southold Town Meeting Agenda - July 12, 2016 Page 13 2027 450,000 4.25 2028 475,000 4.25 2029 475,000 4.25 2030 475,000 4.25 WHEREAS, the 2008 Bonds maturing on or before May 15, 2018 are not subject to redemption prior to maturity; and the Bonds maturing on or after May 15, 2019 are subject to redemption prior to maturity, at the option of the Town, on May 15, 2018 and thereafter on any date, in whole or in part, and if in part, in any order of their maturity and in any amount within a maturity (selected by lot within a maturity), at par, plus accrued interest to the date of redemption; and WHEREAS, the Town has heretofore issued on March 19, 2009 its $5,283,000 Public Improvement Serial Bonds-2009 (the “2009 Bonds”), which are currently outstanding in the principal amount of $3,945,000 (the “Outstanding 2009 Bonds”), and mature on March 15 in each of the years and in the principal amounts and bear interest payable semiannually on March 15 and September 15 in each year to maturity, as follows: Year of Maturity Principa l Amount Interest Rate 2017 $215,000 4.00% 2018 225,000 4.00 2019 230,000 4.00 2020 240,000 4.00 2021 250,000 4.00 2022 260,000 4.00 2023 270,000 4.00 2024 290,000 4.00 2025 300,000 4.125 2026 310,000 4.125 2027 325,000 4.25 2028 330,000 4.25 2029 345,000 4.25 2030 355,000 4.375 WHEREAS, the 2009 Bonds maturing on or before March 15, 2019 are not subject to redemption prior to maturity; and the Bonds maturing on or after March 15, 2020 are subject to redemption prior to maturity, at the option of the Town, on March 15, 2019 and thereafter on any date, in whole or in part, and if in part, in any order of their maturity and in any amount within a maturity (selected by lot within a maturity), at par, plus accrued interest to the Southold Town Meeting Agenda - July 12, 2016 Page 14 date of redemption; and WHEREAS, the Town has heretofore issued on June 29, 2011 its $13,175,000 Public Improvement Serial Bonds-2011 (the “2011 Bonds”), which are currently outstanding in the principal amount of $10,250,000 (the “Outstanding 2011 Bonds” and, together with the Outstanding 2008 Bonds and the Outstanding 2009 Bonds, the “Outstanding Bonds”), which mature on August 15 in each of the years and in the principal amounts and bear interest payable semiannually on February 15 and August 15 in each year to maturity, as follows: Year of Maturity Principa l Amount Interest Rate 2017 $640,000 3.00% 2018 650,000 3.00 2019 665,000 3.00 2020 675,000 3.00 2021 700,000 3.00 2022 720,000 3.125 2023 740,000 3.25 2024 750,000 3.50 2025 780,000 3.625 2026 735,000 3.750 2027 760,000 4.00 2028 785,000 4.00 2029 810,000 4.00 2030 840,000 4.00 WHEREAS, the 2011 Bonds maturing on or before August 15, 2019 are not subject to redemption prior to maturity; and the Bonds maturing on or after August 15, 2020 are subject to redemption prior to maturity, at the option of the Town, on August 15, 2019 and thereafter on any date, in whole or in part, and if in part, in any order of their maturity and in any amount within a maturity (selected by lot within a maturity), at par, plus accrued interest to the date of redemption; and WHEREAS, Sections 90.00 and 90.10 of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the “Law”), authorize the Town to refund all or a portion of the outstanding unredeemed maturities of the Outstanding Bonds by the issuance of new bonds, the issuance of which will result in present value debt service savings for the Town, and the Town Board has determined that it may be advantageous to refund all or a portion of the Outstanding Bonds; and WHEREAS, in order effectuate the refunding, it is now necessary to adopt this Southold Town Meeting Agenda - July 12, 2016 Page 15 Refunding Bond Resolution; NOW, THEREFORE, be it RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, NEW YORK (by the favorable vote of at least two-thirds of all the members of said Town Board), AS FOLLOWS: Section 1. In this resolution, the following definitions apply, unless a different meaning clearly appears from the context: (a) “Bond To Be Refunded” or “Bonds To Be Refunded” means all or any portion of the aggregate Outstanding Bonds, as shall be determined in accordance with Section 8 hereof. (b) “Escrow Contract” means the contract to be entered into by and between the Town and the Escrow Holder pursuant to Section 10 hereof. (c) “Escrow Holder” means the bank or trust company designated as such pursuant to Section 10 hereof. (d) “Outstanding Bonds” shall mean the outstanding unredeemed maturities of the 2008 Bonds, the 2009 Bonds and the 2011 Bonds. (e) “Present Value Savings” means the dollar savings which result from the issuance of the Refunding Bonds computed by discounting the principal and interest payments on both the Refunding Bonds and the Bonds To Be Refunded from the respective maturities thereof to the date of issue of the Refunding Bonds at a rate equal to the effective interest cost of the Refunding Bonds. The effective interest cost of the Refunding Bonds shall be that rate which is arrived at by doubling the semi-annual interest rate (compounded semi-annually) necessary to discount the debt service payments on the Refunding Bonds from the maturity dates thereof to the date of issue of the Refunding Bonds and to the agreed upon price including estimated accrued interest. (f) “Redemption Dates” mean May 15, 2018 and any date thereafter with respect to the 2008 Bonds; March 15, 2019 and any date thereafter with respect to the 2008 Bonds; and August 15, 2020 and any date thereafter with respect to the 2011 Bonds; as shall be determined by the Supervisor in accordance with Section 8. (g) “Refunding Bond” or “Refunding Bonds” means all or a portion of the $23,000,000 Refunding Serial Bonds-2016 of the Town of Southold, authorized to be issued pursuant to Section 2 hereof. (h) “Refunding Bond Amount Limitation” means an amount of Refunding Bonds which does not exceed the principal amount of Bonds To Be Refunded plus the aggregate amount of unmatured interest payable on such Bonds To Be Refunded, to and including the applicable Redemption Date, plus redemption premiums payable on such Bonds To Be Refunded as of such Redemption Date, as hereinabove referred to in the Recitals hereof, plus costs and expenses incidental to the issuance of the Refunding Bonds including the development of the Refunding Financial Plan, and of executing and performing the terms and conditions of the Escrow Contract and all fees and charges of the Escrow Holder as referred to in Section 10 hereof. Southold Town Meeting Agenda - July 12, 2016 Page 16 Section 2. The Town Board of the Town (herein called the “Town Board”), hereby authorizes the refunding of the Bonds To Be Refunded, and appropriates an amount not to exceed $23,000,000 to accomplish such refunding. The plan of financing said appropriation includes the issuance of the Refunding Bonds in the principal amount of not to exceed $23,000,000 and the levy and collection of a tax upon all the taxable real property within the Town to pay the principal of and interest on said Refunding Bonds as the same shall become due and payable. Bonds of the Town in the maximum principal amount of $23,000,000 and designated substantially as “REFUNDING SERIAL BONDS-2016” are hereby authorized to be issued pursuant to the provisions of the Law. The proposed financial plan for the refunding in Exhibit A the form attached hereto as (the “Refunding Financial Plan”) prepared for the Town by its Financial Advisor, Munistat Services, Inc., and hereby accepted and approved, includes the deposit of all the proceeds of said Refunding Bonds with an Escrow Holder pursuant to an Escrow Contract as authorized in Section 10 hereof, the payment of all costs incurred by the Town in connection with said refunding from such proceeds and, to the extent required, the investment of a portion of such proceeds by the Escrow Holder in certain obligations. The principal of and interest on such investments, together with the balance of such proceeds to be held uninvested, if any, shall be sufficient to pay (i) the principal of and interest on the Bonds To Be Refunded becoming due and payable on and prior to each applicable Redemption Date and (ii) the principal of and premium on the Bonds To Be Refunded which are to be called for redemption prior to maturity on any such Redemption Date. Section 3. The Bonds To Be Refunded referred to in Section 1 hereof are all or a portion of the Outstanding Bonds issued pursuant to various bond resolutions duly adopted by the Town Board on their respective dates, authorizing the issuance of bonds of the Town to finance various purposes of the Town. In accordance with the Refunding Financial Plan, the Refunding Bonds authorized in the aggregate principal amount of not to exceed $23,000,000 shall mature in amounts and at dates to be determined. The Supervisor, the chief fiscal officer of the Town, is hereby authorized to approve all details of the Refunding Financial Plan not contained herein. Section 4. The issuance of the Refunding Bonds will not exceed the Refunding Bond Amount Limitation. The Refunding Bonds shall mature not later than the maximum period of probable usefulness (“PPU”) permitted by law at the time of original issuance of the Exhibit B Bonds to be Refunded, as set forth in annexed hereto and hereby made a part hereof, for the objects or purposes financed with the proceeds of the Bonds to be Refunded, commencing at the date of issuance of the first bond or bond anticipation note issued in anticipation of the sale of such bonds. Section 5. The aggregate amount of estimated Present Value Savings is set forth Exhibit A in the proposed Refunding Financial Plan attached hereto as , computed in accordance with subdivision two of paragraph b of Section 90.10 of the Law. Said Refunding Financial Plan has been prepared based upon the assumption that the Refunding Bonds will be issued in the aggregate principal amount, and will mature, be of such terms and bear such interest as set forth therein. The Town Board recognizes that the principal amount of the Refunding Bonds, the maturities, terms and interest rates, the provisions, if any, for the redemption thereof prior to maturity, and whether or not any or all of the Refunding Bonds will be insured, and the resulting present value savings, may vary from such assumptions and that the Refunding Financial Plan Exhibit A may vary from that attached hereto as . Southold Town Meeting Agenda - July 12, 2016 Page 17 Section 6. The Refunding Bonds may be sold at public or private sale. (a) If the Bonds are sold at private sale, the Supervisor, as the chief fiscal officer of the Town, is hereby authorized to execute a purchase contract on behalf of the Town for the sale of said Refunding Bonds, provided that the terms and conditions of such sale shall be approved by the State Comptroller. (b) In the event that the Refunding Bonds are sold at public sale pursuant to Section 57.00 of the Law, the Supervisor is hereby authorized and directed to prepare or have prepared a Notice of Sale, a summary of which shall be published at least once in (a) “THE BOND BUYER,” published in the City of New York and (b) the official newspaper(s) of the Town having general circulation within said Town, not less than five (5) nor more than thirty (30) days prior to the date of said sale. A copy of such notice shall be sent not less than eight (8) nor more than thirty (30) days prior to the date of said sale to (1) the State Comptroller, Albany, New York 12236; (2) at least two banks or trust companies having a place of business in the county in which the Town is located, or, if only one bank is located in such County, then to such bank and to at least two banks or trust companies having a place of business in an adjoining county; (3) “THE BOND BUYER,” 1 State Street Plaza, New York, New York 10004; and (4) at least 10 bond dealers. (c) Prior to the issuance of the Refunding Bonds, the Supervisor shall file with the Town Board all requisite certifications, including a certificate approved by the State Comptroller setting forth the Present Value Savings to the Town resulting from the issuance of the Refunding Bonds. In connection with such sale, the Town authorizes the preparation of an Official Statement and approves its use in connection with such sale, and further consents to the distribution of a Preliminary Official Statement prior to the date said Official Statement is distributed. The Supervisor is hereby further authorized and directed to take any and all actions necessary to accomplish said refunding, and to execute any contracts and agreements for the purchase of and payment for services rendered or to be rendered to the Town in connection with said refunding, including the preparation of the Refunding Financial Plan referred to in Section 2 hereof. Section 7. Each of the Refunding Bonds authorized by this resolution shall contain the recital of validity prescribed by Section 52.00 of the Law and said Refunding Bonds shall be general obligations of the Town, payable as to both principal and interest by a general tax upon all the taxable real property within the Town. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said Refunding Bonds and provision shall be made annually in the budget of the Town for (a) the amortization and redemption of the Refunding Bonds to mature in such year and (b) the payment of interest to be due and payable in such year. Section 8. Subject to the provisions of this resolution and of the Law, and pursuant to the provisions of Section 21.00 of the Law with respect to the issuance of bonds having substantially level or declining annual debt service, and Sections 50.00, 56.00 to 60.00, 90.00, 90.10 and 168.00 of the Law, the powers and duties of the Town Board relative to determining the amount of Bonds To Be Refunded, prescribing the terms, form and contents and as to the sale and issuance of the Refunding Bonds, and executing an arbitrage certificate relative thereto, and as to executing the Escrow Contract described in Section 10, the Official Statement referred to in Section 6 and any contracts for credit enhancements in connection with the issuance of the Refunding Bonds and any other certificates and agreements, as to making Southold Town Meeting Agenda - July 12, 2016 Page 18 elections to call in and redeem all or a portion of the Bonds to be Refunded, and as to any determinations relating to the investment of the proceeds of the Refunding Bonds, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 9. The validity of the Refunding Bonds authorized by this resolution may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution, or a summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 10. Prior to the issuance of the Refunding Bonds, the Town shall contract with a bank or trust company located and authorized to do business in New York State, for the purpose of having such bank or trust company act as the Escrow Holder of the proceeds, inclusive of any premium from the sale of the Refunding Bonds, together with all income derived from the investment of such proceeds. Such Escrow Contract shall contain such terms and conditions as shall be necessary in order to accomplish the Refunding Financial Plan, including provisions authorizing the Escrow Holder, without further authorization or direction from the Town, except as otherwise provided therein, (a) to make all required payments of principal, interest and redemption premiums to the appropriate paying agent with respect to the Bonds To Be Refunded, (b) to pay costs and expenses incidental to the issuance of the Refunding Bonds, including the development of the Refunding Financial Plan, and costs and expenses relating to the execution and performance of the terms and conditions of the Escrow Contract and all of its fees and charges as the Escrow Holder, (c) at the appropriate time or times to cause to be given on behalf of the Town the notice of redemption authorized to be given pursuant to Section 13 hereof, and (d) to invest the monies held by it consistent with the provisions of the Refunding Financial Plan. The Escrow Contract shall be irrevocable and shall constitute a covenant with the holders of the Refunding Bonds. Section 11. The proceeds, inclusive of any premium, from the sale of the Refunding Bonds, immediately upon receipt shall be placed in escrow by the Town with the Escrow Holder in accordance with the Escrow Contract. All moneys held by the Escrow Holder, if invested, shall be invested only in direct obligations of the United States of America or in obligations the principal of and interest on which are unconditionally guaranteed by the United States of America, which obligations shall mature or be subject to redemption at the option of the holder thereof not later than the respective dates when such moneys will be required to make payments in accordance with the Refunding Financial Plan. Any such moneys remaining in the custody of the Escrow Holder after the full execution of the Escrow Contract shall be returned to the Town and shall be applied by the Town only to the payment of the principal of or interest on the Refunding Bonds then outstanding. Section 12. That portion of such proceeds from the sale of the Refunding Bonds, together with interest earned thereon, which shall be required for the payment of the principal of and interest on the Bonds To Be Refunded, including any redemption premiums, in accordance Southold Town Meeting Agenda - July 12, 2016 Page 19 with the Refunding Financial Plan, shall be irrevocably committed and pledged to such purpose and the holders of the Bonds To Be Refunded shall have a lien upon such moneys and the investments thereof held by the Escrow Holder. All interest earned from the investment of such moneys which is not required for such payment of principal of and interest on the Bonds To Be Refunded shall be irrevocably committed and pledged to the payment of the principal of and interest on the Refunding Bonds, or such portion or series thereof as shall be required by the Refunding Financial Plan, and the holders of such Refunding Bonds shall have a lien upon such moneys held by the Escrow Holder. The pledges and liens provided for herein shall become valid and binding upon the issuance of the Refunding Bonds and the moneys and investments held by the Escrow Holder shall immediately be subject thereto without any further act. Such pledges and liens shall be valid and binding against all parties having claims of any kind in tort, contract or otherwise against the Town irrespective of whether such parties have notice thereof. Neither this resolution, the Escrow Contract, nor any other instrument relating to such pledges and liens, need be filed or recorded. Section 13. In accordance with the provisions of Section 53.00 and of paragraph h of Section 90.10 of the Law, the Town Board hereby elects to call in and redeem all or a portion of the Bonds To Be Refunded which are subject to prior redemption according to their terms on the Redemption Date, as shall be determined by the Supervisor in accordance with Section 8 hereof. The sum to be paid therefor on the applicable Redemption Date shall be the par value thereof, the accrued interest to such Redemption Date and the redemption premiums, if any. The Escrow Holder is hereby authorized and directed to cause a notice of such call for redemption to be given in the name of the Town by mailing such notice at least thirty days prior to such Redemption Date, and in accordance with the terms appearing in the Bonds to be Refunded, to the registered holders of the Bonds To Be Refunded which are to be called in and redeemed. Upon the issuance of the Refunding Bonds, the election to call in and redeem the Bonds To Be Refunded which are to be called in and redeemed in accordance herewith and the direction to the Escrow Holder to cause notice thereof to be given as provided in this Section shall become irrevocable and the provisions of this Section shall constitute a covenant with the holders, from time to time, of the Refunding Bonds, provided that this Section may be amended from time to time as may be necessary to comply with the publication requirements of paragraph a of Section 53.00 of the Law, as the same may be amended from time to time. Section 14. This bond resolution shall take effect immediately, and the Town Clerk is hereby authorized and directed to publish the foregoing resolution, in summary, together with a Notice attached in substantially the form prescribed by Section 81.00 of the Law in “The Suffolk Times,” a newspaper having general circulation in the Town and hereby designated the official newspaper of said Town for such publication. EXHIBIT B PERIODS OF PROBABLE USEFULNESS (2008 Bonds) Purpose Period of Probable Usefulness (Years) Open Space Preservation 30 Southold Town Meeting Agenda - July 12, 2016 Page 20 Acquisition of Land and building for Recreational Purposes 25 (2009 Bonds) PurposePeriod of Probable Usefulness (Years) Open Space Preservation 30 Acquisition of an air vacuum drain cleaner 5 Improvements to Fishers Island Sewer District 30 (2011 Bonds) PurposePeriod of Probable Usefulness (Years) Open Space Preservation 30 Fishers Island road construction 15 Construct a new Town animal shelter 15 Vote Record - Resolution RES-2016-674  Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated  James Dinizio Jr  Tabled  Withdrawn  William P. Ruland Supervisor's Appt  Jill Doherty  Tax Receiver's Appt  Robert Ghosio  Rescinded Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell  No Action  Lost  2016-675 CATEGORY: Property Acquisition Public Hearing DEPARTMENT: Land Preservation Public Hearing Pindar Vineyards Dev Rights RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold sets Tuesday, July 26, 2016, at 7:31 pm, Southold Town Hall, 53095 Main Road, hereby Southold, New York as the time and place for a public hearing for the purchase of a development rights easement on property owned by Pindar Vineyards LLC. Said property is identified as part of SCTM #1000-59.-3-28.5. The address is 43295 County Road 48 in Southold. The property is located in the Agricultural-Conservation (A-C) Zoning District and is situated on the northerly side of County Road 48 approximately 400 feet westerly from the intersection of CR 48 and Horton Lane in Southold, New York. The proposed acquisition is for a Southold Town Meeting Agenda - July 12, 2016 Page 21 development rights easement on a part of the property consisting of approximately 30.1± acres (subject to survey) of the 32.6± acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The easement will be acquired using Community Preservation Funds. The purchase price is $60,000 (sixty thousand dollars) per buildable acre for the 30.1± acre easement plus acquisition costs. The property is listed on the Town’s Community Preservation Project Plan as property that should be preserved due to its agricultural value. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Vote Record - Resolution RES-2016-675  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated James Dinizio Jr Tabled Withdrawn  William P. Ruland  Supervisor's Appt  Jill Doherty  Tax Receiver's Appt  Robert Ghosio Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt Scott A. Russell  No Action Lost 2016-676 CATEGORY: Employment - Town DEPARTMENT: Accounting Hire Pump Out Boat Operator RESOLVEDappoints James Finora to that the Town Board of the Town of Southold hereby the seasonal position of Pumpout Boat Operator for the Trustees effective July 13, 2016 through October 31, 2016 at a rate of $16.00 per hour. Vote Record - Resolution RES-2016-676  Adopted Yes/AyeNo/NayAbstainAbsent Adopted as Amended James Dinizio Jr  Defeated William P. Ruland Tabled  Jill Doherty Withdrawn  Southold Town Meeting Agenda - July 12, 2016 Page 22 Supervisor's Appt  Robert Ghosio  Tax Receiver's Appt  Louisa P. Evans Rescinded Scott A. Russell  Town Clerk's Appt Supt Hgwys Appt No Action  Lost  2016-677 CATEGORY: Bid Acceptance DEPARTMENT: Town Clerk Accept Bids of Grade a Petroleum Corp for Lubricants and Fluids RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Grade A Petroleum Corporation to supply the Town with additional lubricants and fluids for the term of one (1) full year after the bid was awarded, as submitted in the bid and all in accordance with the Town Attorney. Vote Record - Resolution RES-2016-677  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated James Dinizio Jr Tabled Withdrawn William P. Ruland  Supervisor's Appt  Jill Doherty  Tax Receiver's Appt  Robert Ghosio Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell  No Action Lost 2016-678 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Appoint Transportation Commission Members RESOLVED that the Town Board of the Town of Southold hereby appoints Thomas Loreto, Jr and Nicholas Mazzaferro to the Southold Town Transportation Commission effective immediately, both terms to expire March 31, 2019. Southold Town Meeting Agenda - July 12, 2016 Page 23 Vote Record - Resolution RES-2016-678  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated James Dinizio Jr Tabled Withdrawn William P. Ruland  Supervisor's Appt  Jill Doherty  Tax Receiver's Appt  Robert Ghosio Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell  No Action Lost 2016-679 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint Part Time Assistant Town Attorney RESOLVEDappoints Damon Hagan to that the Town Board of the Town of Southold hereby the position of part-time Assistant Town Attorney effective July 18, 2016 through December 31, 2016, at a rate of $60 per hour. Vote Record - Resolution RES-2016-679  Adopted  Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated James Dinizio Jr  Tabled  Withdrawn  William P. Ruland Supervisor's Appt  Jill Doherty  Tax Receiver's Appt  Robert Ghosio  Rescinded  Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell  No Action Lost  2016-680 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Ken Reeves Consulting Southold Town Meeting Agenda - July 12, 2016 Page 24 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Agreement between the Town of Southold and Ken Reeves to provide consulting services two days a week at an hourly rate of $40.00 an hour, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2016-680  Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated  James Dinizio Jr  Tabled  Withdrawn  William P. Ruland Supervisor's Appt  Jill Doherty  Tax Receiver's Appt  Robert Ghosio  Rescinded Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell  No Action  Lost  2016-681 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Retain Nelson, Pope & Voorhis, LLC RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Scott A. Russell to retain Nelson, Pope & Voorhis, LLC for services in connection with SEQRA review for The Standard Subdivision of Harold Reeve & Sons (SCTM#1000-140-1-6), in accordance with their Professional Service Contract dated May 16, 2016, at a cost not to exceed $4,500.00, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2016-681  Adopted Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  James Dinizio Jr  Tabled  Withdrawn  William P. Ruland  Supervisor's Appt  Jill Doherty Tax Receiver's Appt Robert Ghosio  Rescinded Town Clerk's Appt Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell No Action  Lost  Southold Town Meeting Agenda - July 12, 2016 Page 25 2016-682 CATEGORY: Support/Non-Support Resolution DEPARTMENT: Town Attorney SC Blueway Trail RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a letter of support in favor of Suffolk County’s application for a State grant to create a Suffolk County Blueway Trail. Vote Record - Resolution RES-2016-682  Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated James Dinizio Jr  Tabled  Withdrawn  William P. Ruland Supervisor's Appt  Jill Doherty  Tax Receiver's Appt  Robert Ghosio  Rescinded  Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell  No Action  Lost  2016-683 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk LL Regarding Affordable Housing TO BE WITHDRAWN AND RE-SCHEDULED not correctly noticed WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk th “A Local Law in County, New York, on the 14 day of June, 2016, a Local Law entitled relation to Amendments to Chapter 280, Zoning, in connection with the Affordable Housing District” and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons will be given an opportunity to be heard, now therefor be it Southold Town Meeting Agenda - July 12, 2016 Page 26 RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local “A Local Law in relation to Amendments to Chapter 280, Zoning, in Law entitled, connection with the Affordable Housing District” reads as follows: LOCAL LAW NO. 2016 “A Local Law in relation to Amendments to Chapter 280, Zoning, in A Local Law entitled, connection with the Affordable Housing District” . BE IT ENACTED by the Town Board of the Town of Southold as follows: 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 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 SPECIAL PROJECTS COORDINATOR The employee of the Town who is responsible for the development, implementation and coordination of the housing registry and affordable housing initiatives for the Town of Southold. § 280-26. 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 Southold Town Meeting Agenda - July 12, 2016 Page 27 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 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 50% of the 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 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; Southold Town Meeting Agenda - July 12, 2016 Page 28 (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. (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 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. Vote Record - Resolution RES-2016-683  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  James Dinizio Jr  Tabled  Withdrawn  William P. Ruland  Supervisor's Appt Jill Doherty Tax Receiver's Appt Robert Ghosio  Rescinded Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell No Action  Lost  2016-684 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Clerk Set PH 8/9 4:32 Pm - LL Regarding Affordable Housing NOTICE IS HEREBY GIVEN that there has been presented to the Town Board of the Town of th “A Southold, Suffolk County, New York, on the 12 day of July, 2016, a Local Law entitled Local Law in relation to Amendments to Chapter 280, Zoning, in connection with the Southold Town Meeting Agenda - July 12, 2016 Page 29 Affordable Housing District” 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, th day of August, 2016 at 4:32 p.m. Southold, New York, on the 9 at which time all interested persons will be given an opportunity to be heard. “A Local Law in relation to Amendments to Chapter 280, The proposed Local Law entitled, Zoning, in connection with the Affordable Housing District” reads as follows: LOCAL LAW NO. 2016 “A Local Law in relation to Amendments to Chapter 280, Zoning, in A Local Law entitled, connection with the Affordable Housing District” . BE IT ENACTED by the Town Board of the Town of Southold as follows: 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 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 SPECIAL PROJECTS COORDINATOR The employee of the Town who is responsible for the development, implementation and coordination of the housing registry and affordable housing initiatives for the Town of Southold. § 280-26. 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' Southold Town Meeting Agenda - July 12, 2016 Page 30 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 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 50% of the 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 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 Southold Town Meeting Agenda - July 12, 2016 Page 31 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. (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 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. Vote Record - Resolution RES-2016-684  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  James Dinizio Jr  Tabled  Withdrawn  William P. Ruland  Supervisor's Appt Jill Doherty Tax Receiver's Appt Robert Ghosio  Rescinded Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell No Action  Lost  2016-685 CATEGORY: Enact Local Law Southold Town Meeting Agenda - July 12, 2016 Page 32 DEPARTMENT: Town Clerk Enact LL - Change of Zone ADF WHEREAS , there was presented to the Town Board of the Town of Southold, Suffolk County, th A Local Law to Amend the New York, on the 14 day of June, 2016, a Local Law entitled “ Zoning Map of the Town of Southold by Changing the Zoning Designation of SCTM #1000-48-2-44.2 from LI (Light Industrial) to R-40 (Residential) ”; and WHEREAS , on July 1, 2016, the Suffolk County Department of Economic Development and Planning deemed the subject change of zone a matter for local determination; and WHEREAS , on July 7, 2016, the Local Waterfront Revitalization Program Coordinator found that the subject change of zone is consistent with LWRP standards; and WHEREAS , on June 9, 2016, the Southold Planning Department recommended that the subject change of zone will not have a significant effect on the environment, that a Draft Environmental Impact Statement should not be prepared and that a negative declaration be adopted; and WHEREAS , on June 9, 2016, pursuant to §280-29(C), the Planning Board reviewed the subject change of zone and issued a report supporting same; and WHEREAS , on July 12, 2016, 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; and WHEREAS , the public hearing is officially closed; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby declares itself lead agency for the purposes of SEQRA review for the subject change of zone; and be it further RESOLVED that the Town Board of the Town of Southold hereby adopts a negative declaration for the purpose of SEQRA review and finds that the subject change of zone will not have a significant effect on the environment and that a Draft Environmental Impact Statement will not be prepared; and be it further RESOLVED , that the Town Board of the Town of Southold hereby ENACTS the proposed A Local Law to Amend the Zoning Map of the Town of Southold by Local Law entitled “ Changing the Zoning Designation of SCTM # 1000-48-2-44.2 from LI (Light Industrial) to R-40 (Residential) ” which reads as follows: LOCAL LAW ______ of 2016 Section 1. Purpose. The purpose of this Local Law is to amend the Zoning Map to change the zoning on the parcel known as SCTM #1000-48-2-44.2 from LI (Light Industrial) to R-40 (Residential). Southold Town Meeting Agenda - July 12, 2016 Page 33 Section 2. Code Amendment. Based on the goals of the Town, and upon our consideration of the recommendations of the Town Planning Board, the Suffolk County Planning Commission, and the public comments taken at the public hearing and otherwise, we hereby amend the official Zoning Map of the Town of Southold as adopted by Section 100-21 of the Town Code to change parcel SCTM #1000-48- 2-44.2 from LI (Light Industrial) to R-40 (Residential). The property is located at 620 Corwin Street, Greenport, New York. Section 3. Severability. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Section 4. Effective Date This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Vote Record - Resolution RES-2016-685  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  James Dinizio Jr  Tabled  Withdrawn  William P. Ruland  Supervisor's Appt Jill Doherty Tax Receiver's Appt Robert Ghosio  Rescinded Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell No Action  Lost  VI. PUBLIC HEARINGS 1. 7/12 @ 4:32 Pm - LL Affordable Housing District - to be cancelled and renoticed 2. PH 7/12/16 @ 4:34 PM ADF Ventures Change of Zone