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Home My WebLink AboutAG-07/26/2016 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 26, 2016 7:30 PM POLICY: At scheduled Town Board meetings, the attending public is encouraged to briefly address the Town Board relating to agenda resolutions prior to their enactment; the public will also be given time at the conclusion of the regularly scheduled business agenda to address the Board on any given topic. ONLINE ACCESS: The Agenda is generally available the Friday before the meeting. The video of the meeting is usually available 1-2 hours after the meeting. Minutes with adopted resolutions are available 1-2 days after the meeting. A full copy of the minutes, agenda and meeting video can be viewed in one of two ways: (1) The town of Southold website: www.southoldtownny.gov Click on “Town Board On- Line”; Click Box “Yes” to be redirected to IQM2 and you will then be redirected to the Town Clerk online site. (2) www.townclerk.com Enter zip code 11971 in box on lower right hand side and “enter”. On the left hand side of screen a dark blue box will pop up, you will see "Town of Southold, Long Island, NY", click on this and another box will pop up that will tell you that you are being directed to another site click on “Yes” to go into the Town Clerk site. Go to the date of the meeting and click on "Minutes Packet" this is the full copy of the resolutions. (Scroll to bottom of page for KEY to symbols). You can view the live video of the meeting by clicking on the camera symbol. All of this information is available 24/7. If you would like help navigating the site, please feel free to call my office 631-765-1800. CALL TO ORDER 7:30 PM Meeting called to order on July 26, 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 26, 2016 Page 2 I. REPORTS 1. North Fork Animal Welfare League Report Profit & Loss 1/16-3/16 2. Planning Board Monthly Report June 2016 3. Town Clerk Monthly Report June 2016 4. Trustees Monthly Report June 2016 5. Program for the Disabled Monthly Report June 2016 6. Land Tracking Report Second Quarter 2016 7. Public Works Monthly Report May 2016 II. PUBLIC NOTICES III. COMMUNICATIONS 1. Judge Hughes Monthly Report June 2016 2. Judge Price Monthly Report June 2016 IV. DISCUSSION 1. 9:00 Am - John Sepenoski Bay to Sound LWRP Grant Application 2. 9:15 Am - Anti-Bias Task Force Committee Update and Initiatives 3. 9:30 Am - Chief Flatley Dispatch Center Upgrade Project Quote Southold Town Meeting Agenda - July 26, 2016 Page 3 4. 9:45 Pm - Councilman Ghosio with Jim Harmon Report from Helicopter Committee and Discussion of FFA Extending the North Shore Route 5. Justice Evans Annual Fishers Island Town Board Meeting 6. Authorize Town Clerk to Advertise for Part-Time Community Relations Specialist 7. Dumpsters on Residential Property Update from Town Attorney 8. CPF Extension 9. FI FEMA Extension Request 10. New Tax Cap Fiscal 2017 11. Discussion of Vending Trucks and Peddler Code 12. EXECUTIVE SESSION - Proposed Property Acquisition(S), Publicity of Which Would Substantially Affect the Value Thereof 11:00 am - Melissa Spiro, Michael Collins and Jamie Richter 13. EXECUTIVE SESSION - Labor - Matters Involving Employment of Particular Person(S) 11:15 am - Heather Lanza 14. EXECUTIVE SESSION - Litigation Cradit v. ZBA TOS v. Vineyard 48 15. Councilman Ghosio Water Use Regulations 16. Councilman Ruland Update on the Highway Building MINUTES APPROVAL RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Tuesday, May 17, 2016 RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Tuesday, May 31, 2016 Southold Town Meeting Agenda - July 26, 2016 Page 4 V. RESOLUTIONS 2016-686 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby July 26, 2016. Vote Record - Resolution RES-2016-686  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  2016-687 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Next Town Board Meeting RESOLVED held, that the next Annual Fishers Island Meeting of the Southold Town Board be Wednesday, August 3, 2016 at Fishers Island, New York at 1:30 P.M. Vote Record - Resolution RES-2016-687  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  RescindedLouisa P. Evans  Town Clerk's Appt  Scott A. Russell  Supt Hgwys Appt No Action Southold Town Meeting Agenda - July 26, 2016 Page 5 Lost  2016-688 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Next Town Board Meeting RESOLVED held, that the next Regular Town Board Meeting of the Southold Town Board be Tuesday, August 9, 2016 at the Southold Town Hall, Southold, New York at 4:30 P.M. Vote Record - Resolution RES-2016-688  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  2016-689 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification for Community Development Financial Impact: Provide appropriation for cell phone service for Governement Liaison Officer RESOLVED that the Town Board of the Town of Southold hereby modifies the 2016 Community Development budget within the General Fund Whole Town as follows: From: A.8660.1.100.100 Full Time Regular Earnings $425 Total $425 To: Southold Town Meeting Agenda - July 26, 2016 Page 6 A.8660.4.200.100 Cellular Telephone Service $425 Total $425 Vote Record - Resolution RES-2016-689  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 2016-690 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification for Road End Restorations Financial Impact: Provide additional appropriation for Road End restorations, 90% funded by FEMA RESOLVED that the Town Board of the Town of Southold hereby modifies the 2016 budget as follows: General Fund Whole Town Decrease Appropriations: A.1990.4.100.100 Unallocated Contingencies $ 2,500 Increase Revenues: A.4960.10 FEMA Aid 22,500 Total $25,000 Increase Appropriations: A.1620.2.500.750 Road End Restoration $25,000 Total $25,000 Highway Fund Part Town Decrease Appropriations: DB.5110.4.100.200 Fuel/Lubricants $ 5,000 Increase Revenues: DB.4960.50 FEMA Aid 45,000 Southold Town Meeting Agenda - July 26, 2016 Page 7 Total $50,000 Increase Appropriations: DB.5110.4.400.800 Road End Restoration $50,000 Total $50,000 Vote Record - Resolution RES-2016-690  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  2016-691 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District SWMD Budget Mods Financial Impact: Address overdrawn lines. 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 $1,500 SR 8160.4.100.110 Pre-printed forms 200 SR 8160.4.100.200 Diesel Fuel 2,500 Total $4,200 To: SR 8160.1.100.500 F/T Employee Holiday Pay $1,500 SR 8160.4.100.125 Misc. Supplies 200 SR 8160.4.100.552 Maint/Supply Volvo Loader 2,000 SR 8160.4.100.573 Maint/Supply Trommel Screen 500 Total $4,200 Southold Town Meeting Agenda - July 26, 2016 Page 8 Vote Record - Resolution RES-2016-691  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 2016-692 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Engineering Change Order #4 W/Construction Consultants/LI, Inc. - Highway Maintenance Building RESOLVED that the Town Board of the Town of Southold hereby approves Change Order #4 to the Town of Southold Highway Maintenance Building Project Contract with Construction Consultants/LI, Inc. in the net amount of $5,546.30, pursuant to their Proposed Change Order dated July 18, 2016, subject to the approval of the Town Engineer and Town Attorney. Vote Record - Resolution RES-2016-692  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  2016-693 CATEGORY: Budget Modification DEPARTMENT: Accounting Southold Town Meeting Agenda - July 26, 2016 Page 9 Budget Modification to Appropriate PAVE-NY State Aid Financial Impact: Appropriate PAVE-NY state assistance RESOLVED that the Town Board of the Town of Southold hereby increases the 2016 Highway Fund Part Town budget as follows: Revenues: DB.3589.00 PAVE-NY Capital Payments $95,996 Appropriations: DB.5112.2.400.906 PAVE-NY Resurfacing/Recon $95,996 Vote Record - Resolution RES-2016-693  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  2016-694 CATEGORY: Employment - Town DEPARTMENT: Accounting NYS Employees Retirement System for Calculation of Retirement Benefits RESOLVED that the Town Board of the Town of Southold/Location Code 30020 hereby establishes the following as standard workdays for elected and appointed officials and will report the following days worked to the New York State and the Local Employees' Retirement System based on the record of activities maintained and submitted by these officials to the clerk of this body: Title Name Standard Term Participates Days/ Tier 1 Not Work Begins/Ends in Employer's Months (Check Submitted Day Time (based on only if (Check box if (Hrs/day) Keeping Records member no record of System (Y/N) of is in Tier activities Activities) 1) completed or timekeeping Southold Town Meeting Agenda - July 26, 2016 Page 10 system) Town Comptroller John A. Cushman 1/1/16-12/31/16 Y ☐☐ 7.00 Deputy Town Comptroller Connie D. Solomon 1/1/16-12/31/16 Y ☐☐ 7.00 Town Attorney William M. Duffy 1/1/16-12/31/16 Y ☐☐ 7.00 Assistant Town Attorney Stephen F. Kiely 1/1/16-12/31/16 Y ☐☐ 7.00 Assistant Town Attorney Damon Hagan 7/18/16-12/31/16 Y ☐☐ 7.00 Deputy Superintendent of Highways Roger M. Tabor 2/28/16-Y ☐☐ 8.00 12/31/16 Secretary to the Supervisor Lauren Standish 1/1/16-12/31/16 Y ☐☐ 7.00 Secretary to the Town Attorney Mary L. Silleck 1/1/16-12/31/16 Y ☐☐ 7.00 BE IT FURTHER RESOLVED, that said standard is being established to meet the accounting requirements of the New York State Employees Retirement System for calculation of retirement benefits, and BE IT FURTHER RESOLVED, that the Town Clerk be and she hereby is authorized to send a certified copy of this resolution to the New York State Employees Retirement System. Vote Record - Resolution RES-2016-694  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 2016-695 CATEGORY: Refund DEPARTMENT: Town Clerk Refund Disposal Sticker RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund to Peter Clark 702 Flint Street Greenport in the amount of $30.00, as he purchased a Residential Disposal Southold Town Meeting Agenda - July 26, 2016 Page 11 Permit when he needed a Commercial Disposal Permit. Vote Record - Resolution RES-2016-695  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  2016-696 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification for Street Light Power Financial Impact: Provide appropriation for Fishers Island Street Lighting previously charged to Buildings & Grounds, corrected as of January 1, 2016 RESOLVED that the Town Board of the Town of Southold hereby modifies the 2016 General Fund Whole Town budget as follows: From: A.1620.4.200.200 Buildings & Grounds, Light & Power $6,000 To: A.5182.4.200.250 Street Lighting, Street Light Power $6,000 Vote Record - Resolution RES-2016-696  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  RescindedLouisa P. Evans Town Clerk's Appt Scott A. Russell  Supt Hgwys Appt No Action  Southold Town Meeting Agenda - July 26, 2016 Page 12 Lost  2016-697 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Increase Salary of Edward Bridgman RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted July 18, 2016 that increases the salary of Edward Bridgman to $14.03 per hour effective July 21, 2016. Vote Record - Resolution RES-2016-697  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  2016-698 CATEGORY: Bid Acceptance DEPARTMENT: Highway Department Award Misc Highway Items RESOLVED that the Town Board of the Town of Southold hereby accepts the following bids for miscellaneous Highway Department Equipment: Name Auction Item Price Thomas Datre 1994 Mobil M84 Sweeper $1,225.00 Kenneth Gordon 2002 F250 Pick Up Fleet #285 $1,225.00 Michael Mujsce Sr 1981 Ford L-8000 Flatbed/Sander Fleet #220 $410.00 1985 GMC Brigadier Flatbed/Sander Fleet #223 $410.00 Alfred Greebe 1985 Ford F600G Dump Fleet #205 $27.00 Southold Town Meeting Agenda - July 26, 2016 Page 13 1985 International 9V4 Dump Fleet #253 $290.00 Vote Record - Resolution RES-2016-698  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  2016-699 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 American Diabetes Association 10/19/15 $1500.00 1701 North Beauregard Street Alexandria, VA 22311 Transfiguration of Christ 6/10/16 $250.00 Greek Orthodox Church PO Box 814 Mattituck NY 11952 New Suffolk Civic Association 6/7/16 $250.00 PO Box 249 New Suffolk, NY 11956 Southold Town Meeting Agenda - July 26, 2016 Page 14 Southold Yacht Club 6/2/16 $250.00 PO Box 546 Southold NY 11971 North Fork Country Club 5/14/16 $250.00 PO Box 725 Cutchogue NY 11935 Cutchogue New Suff. Historical 4/21/16 $250.00 PO Box 714 Cutchogue NY 11935 Mattituck Chamber 7/8/16 $250.00 PO Box 1056 Mattituck NY 11952 Oysterponds Historical 4/26/16 $250.00 PO Box 70 Orient NY 11957 Southold Village Merchants 4/4/16 $250.00 PO Box 1356 Southold NY 11971 Mattituck Lions Club 1/21/16 $250.00 1125 Ole Jule Lane Mattituck NY 11952 Vote Record - Resolution RES-2016-699  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  2016-700 Southold Town Meeting Agenda - July 26, 2016 Page 15 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Police Department Assistance to Cutchogue Fire Department Chicken BBQ Financial Impact: Cost Analysis from PD is $618.42 RESOLVED the Town Board of the Town of Southold hereby grants Police Department assistance to the Cutchogue Fire Department for its Annual Chicken BBQ on Saturday, August 27, 2016 at the Cutchogue Fire Department field, 260 New Suffolk Road, Cutchogue, provided they adhere to the Town of Southold Policy for Special Events on Town Properties and Roads. All Town fees for this event, with the exception of the Clean-up Deposit, are waived. Vote Record - Resolution RES-2016-700  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  2016-701 CATEGORY: Bid Acceptance DEPARTMENT: Highway Department Accept Highway Bids RESOLVED that the Town Board of the Town of Southold hereby amends resolution 2016-520 adopted at the May 17, 2016 regular Town Board meeting to read as follows: RESOLVED that the Town Board of the Town of Southold hereby accepts the following bids on the following items, all in accordance with the Town Attorney Name Item Price Christopher Fisher 6 Cylinder Flathead Engine $310.00 Marty Falconieri 1994 Samsung SL150, Fleet #194 $18,105.00 original bidder did not have the money, next highest bid accepted Southold Town Meeting Agenda - July 26, 2016 Page 16 Riverview Industries Inc 1994 Samsung SL150, Fleet #194 $18,005.00 Lenore E. Erhard 2002 Ford F-250 Pickup, Fleet #285 $710.00 bidder withdrew his bid Patrick Dandrea 1994 Enviroquip System Type 622, Fleet #2202 $24,677.00 Lloyd Kalin 1957 International 130 Farmall $1,836.00 Vote Record - Resolution RES-2016-701  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  2016-702 CATEGORY: Organizational DEPARTMENT: Town Clerk Appoint Thomas Shillo Temporary Marriage Officer RESOLVED that the Town Board of the Town of Southold hereby appoints Thomas J. Shillo as a Temporary Marriage Officer for the Town of Southold, on Friday, July 29, 2016 only, to serve at no compensation. Vote Record - Resolution RES-2016-702  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 26, 2016 Page 17 2016-703 CATEGORY: Advertise DEPARTMENT: Highway Department Sale of Aggregate Sand RESOLVED that the Town Board of The Town of Southold hereby authorizes and directs the Southold Town Highway Department to advertise for the sale of a total of approximately 8,000 cubic yards of aggregate sand at a price of $1.00 per yard up to 1,000 yards and $0.50 per yard for 1,000 yards or more, labor and equipment to load sand to be provided by the Highway Department. Payment is to be made to the Town Clerk’s office prior to pick up of sand. Vote Record - Resolution RES-2016-703  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  2016-704 CATEGORY: Bid Acceptance DEPARTMENT: Town Clerk Accept Bid for Recreation Used Vehicle RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Bernard Heinisch in the amount of $1,008.68 for the 2000 Chevy Lumina, Asset #2538, VIN #2G1WL52JXY1339636, all in accordance with the Town Attorney. Vote Record - Resolution RES-2016-704  Adopted  Yes/AyeNo/NayAbstainAbsent Adopted as Amended  James Dinizio Jr  Defeated  William P. Ruland  Tabled  Jill Doherty  Withdrawn Southold Town Meeting Agenda - July 26, 2016 Page 18 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  2016-705 CATEGORY: Bid Acceptance DEPARTMENT: Highway Department Accept Bid for Recreation Used Vehicle RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Pase Motors, Inc. in the amount of $20,025.00 total for three (3) Street Salt/Sanders for use at the Town Highway Department, all in accordance with the Town Attorney. Vote Record - Resolution RES-2016-705  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  2016-706 CATEGORY: Employment - Town DEPARTMENT: Accounting Create and Set Salary Scale for Part-Time Community Relations Specialist RESOLVEDcreates the position and that the Town Board of the Town of Southold hereby establishes the hourly rate of pay for part-time Community Relations Specialist as follows: Effective DateRate Southold Town Meeting Agenda - July 26, 2016 Page 19 January 1, 2016 $27.47 Vote Record - Resolution RES-2016-706  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  2016-707 CATEGORY: Refund DEPARTMENT: Town Attorney CPF Refund RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund (from Account #CM.1189.10) to Danielle Cullen from the Town of Southold in the amount of $3,200.00 in connection with its payment of the Community Preservation Fund tax on property in Southold (SCTM #1000-074.000-05.00-005.000) purchased by Danielle Cullen on June 10, 2016, as the transaction is exempt from the CPF tax. Vote Record - Resolution RES-2016-707  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  2016-708 Southold Town Meeting Agenda - July 26, 2016 Page 20 CATEGORY: Retirement/Resignation DEPARTMENT: Accounting Accepts the Resignation of Stephen Kiely, from the Position of Assistant Town Attorney, in the Office of the Town Attorney RESOLVEDaccepts the resignation of that the Town Board of the Town of Southold hereby Stephen F. Kiely, from the position of Assistant Town Attorney in the Office of the Town Attorney effective August 5, 2016. Vote Record - Resolution RES-2016-708  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  2016-709 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Solid Waste Management District Irrigation Well Contract RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Agreement with Peconic Well and Pump, Inc. to provide improvements to the compost site irrigation well and pump system in accordance with their proposal of April 25, 2016, as per specifications for same as approved by the Town Engineer, at a cost not to exceed $24,870, all in accordance with the approval of the Town Attorney. Vote Record - Resolution RES-2016-709  Adopted Yes/AyeNo/NayAbstainAbsent Adopted as Amended James Dinizio Jr Defeated William P. Ruland  Tabled  WithdrawnJill Doherty  Supervisor's Appt  Robert Ghosio Tax Receiver's Appt  Louisa P. Evans  Rescinded  Scott A. Russell  Town Clerk's Appt Southold Town Meeting Agenda - July 26, 2016 Page 21 Supt Hgwys Appt  No Action  Lost 2016-710 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District SWMD Budget Modification Financial Impact: To supply funds for replacement of discharge conveyor belt. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2016 Solid Waste Management District budget as follows: From: SR 8160.4.400.600 Scale Maintenance $2,000 Total $2,000 To: SR 8160.4.100.573 Maint/Supply Trommel Screen $2,000 Total $2,000 Vote Record - Resolution RES-2016-710  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  2016-711 CATEGORY: Property Acquisition Public Hearing DEPARTMENT: Town Clerk Southold Town Meeting Agenda - July 26, 2016 Page 22 Public Hearing Pindar Vineyards Dev Rights RESOLVED that the Town Board of the Town of Southold hereby amends resolution 2016-675 adopted at the July 12, 2016 regular Town Board meeting to read as follows: 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 August 9, 2016, at 4:34 pm hereby sets Tuesday, July 26, 2016, at 7:31 pm, , Southold Town Hall, 53095 Main Road, 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 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-2016-711  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 26, 2016 Page 23 2016-712 CATEGORY: Budget Modification DEPARTMENT: Highway Department 2016 Budget Modification - Highway Financial Impact: cover over extended lines RESOLVED that the Town Board of the Town of Southold hereby modifies the 2016 Highway Fund Part Town budget as follows: From: DB.5110.4.100.200 Fuels & Lubricants 2868.00 TOTAL $2868.00 To: DB.5110.4.100.100 Miscellaneous Supplies 500.00 DB.5110.4.100.350 Traffic Paint 518.00 DB.5130.4.100.550 Tires 1500.00 DB.5140.4.600.300 Travel 350.00 TOTAL: $2868.00 Vote Record - Resolution RES-2016-712  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  2016-713 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Fishers Island Ferry District FIFD - Munistat Services Inc 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 July 18, 2016 in regard to an agreement with Munistat Services. Vote Record - Resolution RES-2016-713  AdoptedYes/AyeNo/NayAbstainAbsent Southold Town Meeting Agenda - July 26, 2016 Page 24 Adopted as Amended  James Dinizio Jr  Defeated  William P. Ruland Tabled Jill Doherty  Withdrawn 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 2016-714 CATEGORY: Employment - Town DEPARTMENT: Accounting Permanent Appointment Building Permits Examiner WHEREAS the Town Board of the Town of Southold has appointed Amanda M. Nunemaker to the position of provisional Building Permits Examiner effective June 3, 2015, and WHEREAS Amanda M. Nunemaker has taken and passed the Civil Service examination for Building Permits Examiner and is reachable on the Suffolk County Department of Civil Service List of Eligible’s for the competitive position of Building Permits Examiner, and WHEREAS the Town Board of the Town of Southold has determined that it is in the best interest of the Town to appoint Amanda M. Nunemaker to the permanent position of Building Permits Examiner from said List of Eligible’s, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby appoints Amanda M. Nunemaker to the position of Building Permits Examiner from the Suffolk County Department of Civil Service List of Eligible’s effective immediately with no salary change. Vote Record - Resolution RES-2016-714  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 26, 2016 Page 25 2016-715 CATEGORY: Employment - Town DEPARTMENT: Accounting Release PT Court Officers RESOLVEDreleases Steven F. Ficner that the Town Board of the Town of Southold hereby and Shawn A. Williams from the position of Part Time Court Officer for the Justice Court, effective June 15, 2016. Vote Record - Resolution RES-2016-715  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  2016-716 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint Edward McDonald PT Court Officer RESOLVEDappoints Edward that the Town Board of the Town of Southold hereby McDonald to the position of Part Time Court Officer for the Justice Court, effective August 1, 2016 at a rate of $30.40 per hour, not to exceed 17.5 hours per week. Vote Record - Resolution RES-2016-716  Adopted  Yes/AyeNo/NayAbstainAbsent Adopted as Amended  James Dinizio Jr Defeated  TabledWilliam P. Ruland  Withdrawn Jill Doherty  Supervisor's Appt Robert Ghosio Tax Receiver's Appt  Southold Town Meeting Agenda - July 26, 2016 Page 26 Rescinded  Louisa P. Evans  Town Clerk's Appt  Scott A. Russell Supt Hgwys Appt No Action Lost 2016-717 CATEGORY: Special Events DEPARTMENT: Town Clerk Fireworks Permit Mattituck Environmental RESOLVED that the Town Board of the Town of Southold hereby approves the issuance of a Fireworks Permit by the Town Clerk to Mattituck Environmental LLC/ Stanley Lomangino for a fireworks display on Saturday, August 13, 2016 at 9:45PM (Rain Date: Sunday, August 14, 2016 at 9:45 PM) at 9205 Skunk Lane, Cutchogue, New York, upon payment of a single fee of $100.00 and subject to the applicant’s compliance with the requirements of the Town’s Policy regarding the issuance of fireworks permits. Vote Record - Resolution RES-2016-717  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  2016-718 CATEGORY: Budget Modification DEPARTMENT: Public Works Trash Receptacle Rentals Financial Impact: Funds are needed to cover fees for Big Belly rentals RESOLVED that the Town Board of the Town of Southold hereby modifies the 2016 Buildings Southold Town Meeting Agenda - July 26, 2016 Page 27 and Grounds budget in the General Fund as follows: From: A.1620.2.500.925 Recycling Receptacles $1,700 A.1620.2.500.950 Hamlet Trash Receptacles 1,550 Total $3,250 To: A.1620.4.400.800 Trash Receptacle Rentals $3,250 Total $3,250 Vote Record - Resolution RES-2016-718  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  2016-719 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Fishers Island Ferry District FIFD Employee Agreement RESOLVED, the Town Board of the Town of Southold hereby ratifies and approves the resolution of Fishers Island Ferry District adopted July 25, 2016 regarding an agreement between the district and Fishers Island Ferry District employee 9930, and it be further RESOLVED, that the Town Board of Town of Southold authorizes and directs Supervisor Scott A. Russell to execute Agreement between Fishers Island Ferry District and Fishers Island Ferry District employee 9930. Vote Record - Resolution RES-2016-719  Adopted  Yes/AyeNo/NayAbstainAbsent Adopted as Amended  James Dinizio Jr  Defeated  William P. Ruland  Tabled Southold Town Meeting Agenda - July 26, 2016 Page 28 Withdrawn  Jill Doherty  Supervisor's Appt  Robert Ghosio Tax Receiver's Appt Louisa P. Evans  Rescinded Town Clerk's Appt Scott A. Russell  Supt Hgwys Appt  No Action  Lost  2016-720 CATEGORY: Legal DEPARTMENT: Fishers Island Ferry District FIFD - Mattern Construction RESOLVED, the Town Board of the Town of Southold hereby ratifies and approves the resolution of Fishers Island Ferry District adopted June 20, 2016 which amended the payment to Mattern Construction Inc. in settlement of its claim against Fishers Island Ferry District from $71,263.87 to an amount not to exceed $115,628.74, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2016-720  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 2016-721 CATEGORY: Grants DEPARTMENT: Town Attorney Bay to Sound Integrated Trails Grant Application Southold Town Meeting Agenda - July 26, 2016 Page 29 RESOLVED, the Town Board of the Town of Southold authorizes and directs Supervisor Scott A. Russell to execute a grant application to the New York Department of State for funding for the Bay to Sound Integrated Trails Initiative. Vote Record - Resolution RES-2016-721  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 2016-722 CATEGORY: Advertise DEPARTMENT: Town Clerk Advertise P/T Community Relations Specialist RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town clerk's office to advertise for a part time Community Relations Specialist. Vote Record - Resolution RES-2016-722  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  2016-723 CATEGORY: Local Law Public Hearing Southold Town Meeting Agenda - July 26, 2016 Page 30 DEPARTMENT: Town Attorney Set PH 8/9/16 4:30 Pm LL Regarding CPF 20% Water Quality RESOLVED, that the Town Board of the Town of Southold hereby directs that a public hearing August 9, 20164:30 p.m. shall be held on , at , at Southold Town Hall, 53095 Main Rd., Southold, New York, to hear any and all persons either for or against a proposed local law entitled, “A LOCAL LAW to consider amending Southold Town Code Chapter 17 (Community Preservation Fund) to (i) extend the effective date of the Community Preservation Fund Real Estate Transfer Tax, imposed pursuant to Article 31-D of the State Tax Law, until December 31, 2050, and (ii) authorize the use of a portion of the Community Preservation Fund, not to exceed 20%, for water quality improvement projects,” which provides as follows: LOCAL LAW NO. __ OF 2016 A LOCAL LAW to consider amending Southold Town Code Chapter 17 (Community Preservation Fund) to (i) extend the effective date of the Community Preservation Fund Real Estate Transfer Tax, imposed pursuant to Article 31-D of the State Tax Law, until December 31, 2050, and (ii) authorize the use of a portion of the Community Preservation Fund, not to exceed 20%, for water quality improvement projects. BE IT ENACTED by the Town Board of the Town of Southold as follows: SECTION 1. Amendment. The Southold Town Code is hereby amended by adding the underlined words as follows: ARTICLE V Water Quality Improvement §17-41. Purpose. A. The purpose of this Article shall be to implement the authority delegated by the State to the Town of Southold pursuant to Chapter 551 of the Laws of 2015. B. Specifically, this Article shall permit the Town to use up to 20% of the Community Preservation Fund’s annual revenues to undertake water quality improvement projects, as defined herein, in order to preserve community character by improving water quality. The Town shall use the prior calendar’s year revenue to determine the maximum amount available for water quality improvement project allocations pursuant to the state-mandated limit of up to 20%. C. Projects eligible for funding shall include: (1) wastewater treatment improvement projects, (2) non-point source abatement and control program projects developed pursuant to section 11-b of the Soil and Water Conservation Districts Law, section 1455b of the Federal Coastal Zone Management Act, or Article 42 of the Executive Law, (3) aquatic habitat restoration projects, (4) pollution prevention projects, and (5) the operation of the Peconic Bay National Estuary Program, as designated by the United State Environmental Protection Agency. D. Eligible projects shall also include those undertaken by the Town through a watershed Southold Town Meeting Agenda - July 26, 2016 Page 31 protection improvement district, created pursuant to Article 12 or 12-A of Town Law. E. No monies from the fund shall be expended for a water quality improvement project by the Town unless such project has first been certified by the Town Board pursuant to §17-45 herein. §17-42. Authority. Pursuant to Chapter 551 of the Laws of 2015, the Town Board is hereby authorized to utilize revenues from the Community Preservation Fund to implement water quality improvement projects in accordance with a plan to preserve community character, pursuant to Article III of this Chapter. A maximum of twenty (20) percent of the Fund’s annual revenues may be utilized for the implementation of water quality improvement projects, provided that where such water quality improvement funds are utilized for the operation of the Peconic Bay National Estuary Program, the use of such funds shall only be utilized to match federal, state, county, or other public or private funds on a dollar for dollar basis, not to exceed ten (10) percent of the annual amount appropriated for water quality improvement projects. §17-43. Definitions. As used in this article, the following words and terms shall have the following meanings: AQUATIC HABITAT RESTORATION PROJECT - planning, design, construction, management, maintenance, monitoring, reconstruction, revitalization, or rejuvenation activities intended to improve waters of the state of ecological significance or any part thereof, including, but not limited to, ponds, bogs, wetlands, bays, sounds, streams, rivers, or lakes and shorelines thereof, to support a spawning, nursery, wintering, migratory, nesting, breeding, feeding, or foraging environment for fish and wildlife and other biota. POLLUTION PREVENTION PROJECT - planning, design, construction, improvement, maintenance or acquisition of facilities, production processes, equipment or buildings owned or operated by municipalities for the reduction, avoidance, or elimination of the use of toxic or hazardous substances, or the generation of such substances or pollutants so as to reduce risks to public health or the environment, including changes in production processes or raw materials. Such projects shall not include incineration, transfer from one medium of release or discharge to another medium, off-site or out-of-production recycling, end-of-pipe treatment, or pollution control. REGIONAL WATER QUALITY IMPROVEMENT PLAN - a water quality improvement plan adopted pursuant to state or federal law, which has as its purpose the improvement of water quality in all or part of the Peconic Bay region, including, but not limited to, (i) the comprehensive conservation and management plan (CCMP) for the Peconic Estuary Program pursuant to the National Estuary Program (P.L. 100-4) under the Clean Water Act (P.L. 92- 500), (ii) the Comprehensive Conservation and Management Plan (CCMP) for the Long Island Sound Estuary Program, pursuant to the National Estuary Program (P.L. 100-4) under the Clean Water Southold Town Meeting Agenda - July 26, 2016 Page 32 Act (P.L. 92-500), (iii) the South Shore Estuary Reserve Comprehensive Management Plan, pursuant to 46 of the Executive Law, and (iv) the Long Island Nitrogen Management and Mitigation Plan, pursuant to Chapter 53 of the Laws of 2015, including any amendments or updates to such plans. STORMWATER COLLECTING SYSTEM - systems of conduits and all other construction, devices, and appliances appurtenant thereto, designed and used to collect and carry stormwater and surface water, street wash, and other wash and drainage waters to a point source for discharge. VESSEL PUMPOUT STATION - the planning, design, acquisition, or construction activities in furtherance of a permanent or portable device capable of removing human sewage from a marine holding tank. WATER QUALITY IMPROVEMENT PROJECT - (i) wastewater treatment improvement projects, (ii) non-point source abatement and control program projects developed pursuant to section 11-b of the Soil and Water Conservation Districts Law, section 1455b of the Federal Coastal Zone Management Act, or Article 42 of the Executive Law, (iii) aquatic habitat restoration projects, (iv) pollution prevention projects, and (v) the operation of the Peconic Bay National Estuary Program, as designated by the United State Environmental Protection Agency. Such projects shall have as their purpose the improvement of existing water quality to meet existing specific water quality standards. Projects which have as a primary purpose to permit or accommodate new growth shall not be included within this definition. WASTEWATER TREATMENT IMPROVEMENT PROJECT - the planning, design, construction, acquisition, enlargement, extension, or alteration of a wastewater treatment facility, including alternative systems to a sewage treatment plant or traditional septic system, to treat, neutralize, stabilize, eliminate or partially eliminate sewage or reduce pollutants in treatment facility effluent, including permanent or pilot demonstration wastewater treatment projects, or equipment or furnishings thereof. An incentive or rebate program established by the Town Board for the upgrade of existing septic systems or cesspools shall constitute an eligible project within the definition of a wastewater treatment improvement project. Stormwater collecting systems and vessel pumpout stations shall also be included within the definition of a wastewater improvement project. §17-44. Community Preservation Fund Project Plan. A. Preservation of community character shall include the protection and improvement of the quality of all water resources. B. Before any revenues from the Community Preservation Fund may be spent on water quality improvement projects as defined in this Article, all such projects shall first be approved by the Town Board as part of the Community Preservation Fund Project Plan, adopted pursuant to §64-e of Town Law and Article II of Chapter 17 herein. Southold Town Meeting Agenda - July 26, 2016 Page 33 C. Said plan shall prioritize each project to be undertaken pursuant to this Article. In setting such priorities, the Town Board shall consider the most prevalent pollutants affecting water quality in the Town and which projects will maximize the removal of such pollutants in the most cost effective manner. The plan shall provide a detailed written elaboration for the cost benefits in setting such priorities on a project by project basis. D. Said plan shall list every water quality improvement project which the Town plans to undertake pursuant to the Community Preservation Fund, and shall state how such project will improve existing water quality, and the estimated maximum cost of such project. E. The proposed water quality improvement project shall be for the planning, design, or implementation of a capital project with a probable useful life of at least five (5) years, pursuant to the state local finance law. F. The proposed water quality improvement project shall be consistent with one or more regional water quality improvement plans. G. Such projects shall advance measurable water quality improvement for the Peconic Bay region. H. Such projects shall comply with specific existing or proposed state or regional water quality standards or targets. I. In the case of aquatic habitat restoration projects, the project shall promote aquatic habitat restoration. J. In the case of pollution prevention projects, the project shall reduce, avoid, and/or eliminate the use of toxic or hazardous substances, or the generation of such substances. K. Projects which have as their purpose and effect the accommodation of new growth, as opposed to the remediation of water quality, shall not qualify for funding under this Article. §17-45. Certification. A. No monies from the Community Preservation Fund shall be expended for a water quality improvement project by the Town unless such project has first been certified by the Town Board, by resolution, pursuant to this Article. B. In making such certification, the Town Board shall find as follows: 1. The proposed water quality improvement project is for the planning, design, or implementation of a capital project with a probable useful life of at least five (5) years, pursuant to the state local finance law; 2. The proposed water quality improvement project is consistent with one or more regional water quality improvement plans; Southold Town Meeting Agenda - July 26, 2016 Page 34 3. Such project advances measurable water quality improvement for the Peconic Bay Region; 4. Such project complies with specific existing or proposed state or regional water quality standards or targets; 5. In the case of aquatic habitat restoration projects, the project will promote aquatic habitat restoration; and 6. In the case of pollution prevention projects, the projects will reduce, avoid, and/or eliminate the use of toxic or hazardous substances, or the generation of such substances. C. The Town Board shall not certify projects which accommodate new or additional growth. §17-46. Water Quality Advisory Committee. A. A Water Quality Advisory Committee shall be established pursuant to Town Board resolution to review and make recommendations on proposed water quality improvement projects using monies from the Fund. B. Such Committee shall consist of (five or seven) members who shall be residents of the Town and who shall serve without compensation. No member of the Town Board shall serve on said Committee, nor shall any member have a direct interest in any project for which funding is sought. C. The members shall include individuals with demonstrated expertise in water quality issues, estuarine science, civil engineering, shellfish restoration, or similar relevant credentials. D. The responsibilities of such Committee may include, but not be limited to, assisting in the development of the project plan, drafting requests for proposals to implement water quality improvement projects, reviewing and prioritizing proposed projects, and offering such further advice and recommendations as the Town Board may specify and deem necessary. SECTION 2. Amendment. Town Code §17-40 is hereby amended by deleting the stricken words and adding the underlined words as follows: ARTICLE IV Two Percent Real Estate Transfer Tax §17-40. Effective Date, Referendum Requirement. This article is subject to a mandatory referendum as set forth in § 1449-bb of Article 31-D of the Tax Law. This article shall take effect on March 1, 1999, after approval at the general election to be held on November 3, 1998, by the affirmative vote of a majority of the qualified electors of the Town of Southold and filing with the Secretary of State; and provided further that the real estate transfer tax imposed by this article Local Laws No. 8-2002 of 2002 and No. 14-2006 of Southold Town Meeting Agenda - July 26, 2016 Page 35 2006 shall expire and be deemed repealed as to any conveyance taking place after December 31, 2030 2050. SECTION 3. Mandatory Referendum. This local law is subject to a mandatory referendum pursuant to §23(1) of Municipal Home Rule Law, as provided for by Chapter 551 of the Laws of 2015. SECTION 4. Ballot Proposition. Pursuant to Chapter 551 of the Laws of 2015, and §23(1) of Municipal Home Rule Law, the following proposition shall be placed before the electors of the Town of Southold at the general election to be held on Tuesday, November 8, 2016: “Shall a Local Law entitled, ‘A LOCAL LAW amending Southold Town Code Chapter 17 (Community Preservation Fund) to (i) extend the effective date of the Community Preservation Fund Real Estate Transfer Tax until December 31, 2050, and (ii) authorize the use of a portion of the Community Preservation Fund, not to exceed 20%, for water quality improvement projects,’ BE APPROVED?” SECTION 5. Authority. The proposed local law is enacted pursuant to Municipal Home Rule Law §§10(1)(ii)(a)(11) and (12), §10(1)(ii)(d)(3), and Chapter 551 of the Laws of 2015, amending Town Law §64- e. SECTION 6. Severability. If any section or subsection, paragraph, clause, phrase, or provision(s) of this law shall be judged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional. SECTION 7. Effective Date. This local law shall take effect upon filing with the Secretary of State and upon approval at the general election to be held on November 8, 2016, by the affirmative vote of the qualified electors of the Town of Southold upon the proposition set forth in Section 4 of this local law. AND BE IT FURTHER RESOLVED, that the Town Clerk is hereby directed to publish the following Notice of Public Hearing: Notice of Public Hearing TAKE NOTICE, that the Town Board of the Town of Southold hereby directs that a public August 9, 20164:30 p.m. hearing shall be held on , at , at Southold Town Hall, 53095 Main Rd., Southold, New York, to hear any and all persons either for or against a proposed local law entitled, “A LOCAL LAW to consider amending Southold Town Code Chapter 17 (Community Preservation Fund) to (i) extend the effective date of the Community Preservation Fund Real Southold Town Meeting Agenda - July 26, 2016 Page 36 Estate Transfer Tax, imposed pursuant to Article 31-D of the State Tax Law, until December 31, 2050, and (ii) authorize the use of a portion of the Community Preservation Fund, not to exceed 20%, for water quality improvement projects.” Summary of Proposed Law The purpose of this local law is to implement the authority delegated by the State to the Town of Southold pursuant to Chapter 551 of the Laws of 2015. Specifically, this local law allows the Town to use up to 20% of the Community Preservation Fund’s annual revenues to undertake water quality improvement projects, as defined herein, in order to preserve community character by improving water quality. Projects eligible for funding include: (i) wastewater treatment improvement projects, (ii) non-point source abatement and control program projects developed pursuant to section 11-b of the Soil and Water Conservation Districts Law, section 1455b of the Federal Coastal Zone Management Act, or Article 42 of the Executive Law, (iii) aquatic habitat restoration projects, (iv) pollution prevention projects, and (v) the operation of the Peconic Bay National Estuary Program, as designated by the United State Environmental Protection Agency. Importantly, no monies from the fund may be expended for a water quality improvement project unless such project has first been certified by the Town Board pursuant to the provisions of said law. Copies of the proposed law, sponsored by the full Town Board, are on file in the Town Clerk’s Office, Monday through Friday, from 8:00 a.m. to 4:00 p.m. BY ORDER OF THE TOWN BOARD TOWN OF SOUTHOLD, NEW YORK ELIZABETH A. NEVILLE, TOWN CLERK Vote Record - Resolution RES-2016-723  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 2016-724 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney Set PH - 8/9 4:31 Pm LL Regarding CPF RESOLVED, that the Town Board of the Town of Southold hereby directs that a public hearing August 9, 20164:31 p.m. shall be held on , at , at Southold Town Hall, 53095 Main Rd., Southold Town Meeting Agenda - July 26, 2016 Page 37 Southold, New York, to hear any and all persons either for or against a proposed local law entitled, “A LOCAL LAW to consider amending Southold Town Code Chapter 17 (Community Preservation Fund) to adopt the updated Community Preservation Project Plan”, which provides as follows: LOCAL LAW NO. __ OF 2016 A LOCAL LAW to consider amending Southold Town Code Chapter 17 (Community Preservation Fund) § 17-13 Community preservation project plan adopted, to incorporate the July 2016 update to the Community Preservation Project Plan. BE IT ENACTED by the Town Board of the Town of Southold as follows: SECTION 1. Amendment. The Southold Town Code is hereby amended by adding the underlined words as follows: § 17-13 Community preservation project plan adopted. A. For the reasons set forth in § 17-12 hereof, the Town Board of the Town of Southold hereby approves and adopts the Community Preservation Project Plan prepared by the Town’s Planning Department, the Land Preservation Committee, the Peconic Land Trust and Central Data Processing and presented to the Town Board on August 4, 1998, during the Work Session portion of the Town Board meeting, said plan being intended to constitute the Southold Community Preservation Project Plan which is required by § 64-e of the New York Town Law and Article 1 of Chapter 17 of the Southold Town Code. B. The Town Board of the Town of Southold hereby approves and adopts the January 2003 update to the Community Preservation Project Plan prepared by the Land Preservation Department and Central Data Processing Department and presented to the Town Board on January 21, 2003, during the Work Session portion of the Town Board meeting. The 1998 List of Eligible Parcels shall be replaced by the January 2003 List of Eligible Parcels presented to the Town Board during the January 21, 2003, Work Session. C. The Town Board of the Town of Southold hereby approves and adopts the March 2005 update to the Community Preservation Project Plan which adds certain parcels in the Great Pond Wetland and Dune Area in Southold to the List of Eligible Parcels. The January 2003 List of Eligible Parcels shall be revised as of March 29, 2005, to include the identified Great Pond Wetland and Dune Area Parcels. D. The Town Board of the Town of Southold hereby approves and adopts the January 2006 update to the Community Preservation Project Plan which adds 194 parcels totaling approximately 355 acres to the List of Eligible Parcels. In addition, the existing List of Eligible Parcels has been revised to delete parcels which have been preserved using various preservation methods, to delete parcels which have been developed, and to Southold Town Meeting Agenda - July 26, 2016 Page 38 correct, where applicable, Suffolk County Tax Map numbers for parcels included on the existing List of Eligible Parcels. E. The Town Board of the Town of Southold hereby approves and adopts the August/September 2008 update to the Community Preservation Project Plan which adds five parcels totaling approximately 24.07 acres to the List of Eligible Parcels. In addition, the existing List of Eligible Parcels has been revised to delete parcels which have been preserved using various preservation methods and to correct, where applicable, Suffolk County Tax Map numbers for parcels included on the existing List of Eligible Parcels. The text of the plan adopted by the Town Board in 1998 (plan dated July 1998) shall remain as adopted in 1998, with an updated September 2008 Executive Summary and updated cover pages. The January 17, 2006, List of Eligible Parcels shall be replaced with the August/September 2008 List of Eligible Parcels. F. The Town Board of the Town of Southold hereby approves and adopts the July 2016 update to the Community Preservation Project Plan which is inclusive of the List of Eligible Parcels. In addition, the Community Preservation Project Plan incorporates additional goals of addressing and maintaining the preservation of waterways and water quality as authorized by Chapter 551 of the Laws of 2015. The text of the plan adopted by the Town Board in 1998 (plan dated July 1998) and amended in 2008 inclusive of the August/September 2008 List of Eligible Parcels is incorporated in the July 2016 Community Preservation Project Plan and the July 2016 update shall supersede all previously adopted and amended plans. AND BE IT FURTHER RESOLVED, that the Town Clerk is hereby directed to publish the following Notice of Public Hearing: Notice of Public Hearing TAKE NOTICE, that the Town Board of the Town of Southold hereby directs that a public August 9, 20164:31 p.m. hearing shall be held on , at , at Southold Town Hall, 53095 Main Rd., Southold, New York, to hear any and all persons either for or against a proposed local law entitled, “A LOCAL LAW to consider amending Southold Town Code Chapter 17 (Community Preservation Fund) to adopt the updated Community Preservation Project Plan”, Summary of Proposed Law The purpose of this local law is to implement the authority delegated by the State to the Town of Southold pursuant to Chapter 551 of the Laws of 2015. Specifically, this local law allows the Town to utilize the July 2016 update to the Community Preservation Project Plan. Copies of the proposed law, sponsored by the full Town Board, are on file in the Town Clerk’s Office, Monday through Friday, from 8:00 a.m. to 4:00 p.m. BY ORDER OF THE TOWN BOARD TOWN OF SOUTHOLD, NEW YORK ELIZABETH A. NEVILLE, TOWN CLERK Southold Town Meeting Agenda - July 26, 2016 Page 39 Vote Record - Resolution RES-2016-724  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 TO BE RE-ADVERTISED 1. Public Hearing Pindar