The URL can be used to link to this page

Home My WebLink AboutAG-08/09/2016 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 August 9, 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 August 9, 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 - August 9, 2016 Page 2 I. REPORTS 1. Zoning Board of Appeals Monthly Report July 2016 2. Budget Report June 2016 3. Judge Hughes Monthly Report July 2016 4. Judge Price Monthly Report July 2016 II. COMMUNICATIONS III. PUBLIC NOTICES IV. DISCUSSION 1. 9:00 Am - Chief Flatley Dispatch Room Project Update 2. 9:15 Am - Jeff Standish Update on Big Belly Trash Cans on Love Lane 3. 9:30 Am - Jim Bunchuck Update on Waste/Recycling Statistics and Commercial Permit Status 4. Councilman Ruland Update on Highway Building 5. EXECUTIVE SESSION - Property Acquisition/s Publicity of Which Would Substantially Affect the Value Thereof 10:45 am - Melissa Spiro 6. EXECUTIVE SESSION - Labor - Matters Involving Employment of Particular Person/S 7. EXECUTIVE SESSION - Litigation Craidt v. Town of Southold 8. 9:45 Am - Michael Collins and Jamie Richter Energy Efficiency Study Draft Southold Town Meeting Agenda - August 9, 2016 Page 3 SPECIAL PRESENTATION Cutchogue-New Suffolk Historical Council Certification of Appreciation for Mile Markers V. RESOLUTIONS 2016-738 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby August 9, 2016. Vote Record - Resolution RES-2016-738  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  2016-739 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 23, 2016 at the Southold Town Hall, Southold, New York at 7:30 P.M. Vote Record - Resolution RES-2016-739  Adopted  Yes/AyeNo/NayAbstainAbsent Adopted as Amended James Dinizio Jr  Defeated William P. Ruland  Tabled  Withdrawn  Jill Doherty Supervisor's Appt  Robert Ghosio  Tax Receiver's Appt  Louisa P. Evans  Rescinded  Southold Town Meeting Agenda - August 9, 2016 Page 4 Town Clerk's Appt  Scott A. Russell  Supt Hgwys Appt  No Action Lost 2016-740 CATEGORY: Attend Seminar DEPARTMENT: Police Dept Police Department-Training Request RESOLVED that the Town Board of the Town of Southold hereby grants permission to Lieutenant James Ginas and Sergeant Richard Perkins to attend a seminar on Impact thth Training in Saratoga Springs, NY, from September 11 through the 14, 2016. All expenses for hotel, meals and travel to be a legal charge to the 2016 budget (meetings and seminars) A.3120.4.600.225 Vote Record - Resolution RES-2016-740  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 2016-741 CATEGORY: Planning DEPARTMENT: Information Technology Disaster Recovery Plan RESOLVED that the Town Board of the Town of Southold hereby accepts the Disaster Recovery Plan submitted by the Information Technologies at the July 12, 2016 regular Town Board meeting. Vote Record - Resolution RES-2016-741  AdoptedYes/AyeNo/NayAbstainAbsent  Southold Town Meeting Agenda - August 9, 2016 Page 5 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 2016-742 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Recreation Hire Fall Recreation Program Instructors Resolved that the Town Board of the Town of Southold authorizes and directs Supervisor Scott A. Russell to execute an agreement with the following individuals and businesses for the fall 2016 recreation programs, all in accordance with the approval of the town attorney. Funding for the instructors listed below has been budgeted for in the recreation department's 2016 instructor line A.7020.4.500.420. NF School For Dogs (Dog Obedience/Puppy STAR) $70/person NF School For Dogs (Dog Obedience Pre-Therapy) $90/person Sara Bloom (Memoir Writing) $30/hour Thomas Boucher (Guitar Lessons) $30/hour Joseph Chisholm (Stocks) $30/hour Nick Cordone (Pickleball) $30/hour Heather Cusack (Herbs for Health) $30/hour Martha Eagle (Aerobics & Pilates) $35/class Linda Eckert (Finances) $30/hour Suzzanne Fokine (Plein Air Painting) $30/hour Bill Gatz (Youth Basketball) $30/hour Denise Gillies (Tai Chi) $30/hour Island’s End Golf & Country Club (Golf Lessons) $100/person Kevin Izzo (Youth Basketball) $30/hour Rebecca Jens (Volleyball-Mattituck) $25/hour Jennifer Kane (Singing) $30/hour Barry Latney (Computer) $30/hour Lois Levy (Creative Sketching) $30/hour Rosemary Martilotta (Hatha & Chair Yoga) $62/class Southold Town Meeting Agenda - August 9, 2016 Page 6 Christina McCoy (Reiki Certification) $65/person Kate McDowell (Tennis Lessons) $30/hour Judy McCleery (Digital Photography) $30/hour Linda Nemeth (Watercolor) $30/hour Dr. Jeffrey Poplarski (Golf Fitness) $55/class R&C Agency Management (CPR Course) $55/person R&C Agency Management (Defensive Driving) $30/person Laurie Short (Aerobics Classes) $30/hour Steve Smith (Weight Training) $85/person Jocelyn Suglia (Youth Basketball) $30/hour Barbara Terranova (Roasted Tomatoes/Grocery Bag Holder) $30/hour Lisa Tettelbach (Greeting Cards) $30/hour Alfonso Triggiani (Ballroom Dancing) $65/person Christine Watts (Children's Theatre) $30/hour Ryan Wesnofske (Youth Basketball) $30/hour Kerri Zablotny (Royal Storytime) $30/hour Vote Record - Resolution RES-2016-742  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 2016-743 CATEGORY: Property Usage DEPARTMENT: Recreation Field Use - Southold Soccer Club RESOLVED that the Town Board of the Town of Southold does hereby grant permission to the Southold Soccer League to use the field behind the Peconic Lane Community Center for practice (Tuesday - Thursday, 5:30 - 6:30 p.m.) and for games (Sundays, 11:00 a.m. - 3:00 p.m.) beginning September 27 and ending on October 30. Applicant must file with the Town Clerk a Two Million Dollar Certificate of Insurance naming the Town of Southold as additional insured. Southold Town Meeting Agenda - August 9, 2016 Page 7 Vote Record - Resolution RES-2016-743  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 2016-744 CATEGORY: Property Usage DEPARTMENT: Recreation Use of Tennis Courts - Southold UFSD RESOLVED that the Town Board of the Town of Southold hereby grants permission to Southold UFSD to use the 6 tennis courts at Tasker & Jean Cochran parks for girls’ varsity & junior varsity matches for a total of 10 days beginning September 6 and ending on October 6.Courts will be reserved from 3:30 - 6:00 p.m. and the dates will be coordinated with the Southold Town Recreation Department. The applicant must file with the Town Clerk’s Office a Two Million Dollar Certificate of Insurance naming the Town of Southold as additional insured, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2016-744  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 - August 9, 2016 Page 8 2016-745 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification to Increase Kennys Beach Parking Lot Appropriation Financial Impact: Appropriate additional Park & Recreation monies for Kennys Beach Parking Lot, actual cost more than estimated RESOLVED that the Town Board of the Town of Southold hereby increases the 2016 budget as follows: General Fund Whole Town Revenues: A.2025.00 Park & Recreation $327 Totals $327 Appropriations: A.9901.9.000.100 Transfer to Capital Fund $327 Totals $327 Capital Fund Revenues: H.5031.42 Interfund Transfers $327 Totals $327 Appropriations: Off Street parking H.5650.2.100.300 Capital Outlay Kenny’s Beach Parking Lot $327 Totals $327 Vote Record - Resolution RES-2016-745  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 2016-746 CATEGORY: Budget Modification Southold Town Meeting Agenda - August 9, 2016 Page 9 DEPARTMENT: Police Dept Police Department Financial Impact: Donation: Lavender By The Bay RESOLVED modifies the 2016 Total that the Town Board of the Town of Southold hereby Whole Town Fund budget as follows: From: A.2705.40 Gifts & Donations $540 Total $540 To: A.3120.2.500.850 Police/Equipment/Traffic Cones/Barricades $540 Total $540 Vote Record - Resolution RES-2016-746  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 2016-747 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification for Laserfice Maintenance Financial Impact: Additional appropriation needed for laserfiche software assurance plan RESOLVED that the Town Board of the Town of Southold hereby modifies the 2016 General Fund Whole Town budget as follows: From: A.1990.4.100.100 Unallocated Contingencies $1,796 Southold Town Meeting Agenda - August 9, 2016 Page 10 Total $1,796 To: A.1680.4.400.600 Laserfiche Maintenance $1,796 Total $1,796 Vote Record - Resolution RES-2016-747  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  2016-748 CATEGORY: Refund DEPARTMENT: Town Clerk Partial Refund of Online Transaction RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund of $15.00 to Louise J. Murtha, 602 Closter Dock, Closter, NJ 07624 for an additional dump sticker purchased on line that was not needed. Vote Record - Resolution RES-2016-748  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 - August 9, 2016 Page 11 2016-749 CATEGORY: Bid Acceptance DEPARTMENT: Highway Department Accept Bid for Road Treatment - Item #7 RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Thomas H. Gannon & Sons, Inc., for the application of Polymer Modified Emulsified Asphalt Pavement Type II Micro-Surfacing within the Town of Southold, all in accordance with the bid specifications and Town Attorney, as follows: BID # 1 Option #1 Option #2 Thomas Gannon & Sons Southold $2.75 $4.45 Fishers Is. $3.25 $5.10 Bid # 2 Southold $1.15 Fishers Is. $1.45 Vote Record - Resolution RES-2016-749  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  2016-750 CATEGORY: Bid Acceptance DEPARTMENT: Highway Department Accept Bid Item #2 Road Treatment RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Corazzini Asphalt for Item #2, Oil and Stone: Southold Town Fishers Island Liquid Asphalt $4.90/ sq yd $7.90/sq yd Southold Town Meeting Agenda - August 9, 2016 Page 12 Schim Mix $115.00/ton $300.00/ton Fog Coat $25.00/ga $100.00/ga Vote Record - Resolution RES-2016-750  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 2016-751 CATEGORY: Bid Acceptance DEPARTMENT: Highway Department Accept Bid Item #5 Road Treatment RESOLVED that the Town Board of the Town of Southold hereby accepts the following bid for Item #5, Type 6 Asphalt Road Treatment: Corazzini Asphalt Southold Fishers Island Virgin Materials 100-250 ton $114.00 $375.00 250-500 ton $98.00 $335.00 500-1000 Ton $90.00 $290.00 over 1000 Ton $90.00 $290.00 30% RAP 100-250 ton $92.00 $299.00 250-500 ton $88.00 $295.00 500-1000 Ton $82.00 $260.00 over 1000 Ton $78.70 $260.00 Bid # 3 $4.00 $20.00 Bid # 4 $8.00 $90.00 Bid # 5 $1.20 $7.00 Bid # 6 $120.00 Southold Town Meeting Agenda - August 9, 2016 Page 13 Vote Record - Resolution RES-2016-751  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 2016-752 CATEGORY: Bid Acceptance DEPARTMENT: Highway Department Accept Bid Item #8 Road Treatment RESOLVED that the Town Board of the Town of Southold hereby accepts the following bids for Item #8, Type 6 Asphalt, to be picked up by the Town: East Island Asphalt Corp Bid #1 $85.00 Corazzini Asphalt Bid #2 $72.00 Vote Record - Resolution RES-2016-752  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 - August 9, 2016 Page 14 2016-753 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Land Preservation Sill Remediation PW Grosser Consulting Contract RESOLVED Town Board of the Town of Southold hereby authorizes and directs that the Supervisor Scott A. Russell to enter into a professional services contract with P.W. Grosser Consulting, Inc. for the remediation of the Sill’s Farm Property sanitary system located at 70282 & 70284 Main Road in Greenport, at a cost not to exceed $10,797.00 as outlined in their proposal dated August 4, 2016, said services to be a legal charge to CM.8710.2.400.200, all in accordance with the Town Attorney. Vote Record - Resolution RES-2016-753  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  2016-754 CATEGORY: Budget Modification DEPARTMENT: Police Dept Police Department-Budget Modification Financial Impact: Reallocation of budgetary funds to cover motor vehicle repair fees for the 2016 year RESOLVED modifies the 2016 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: From: A.3120.4.100.200 Police/C.E./Gasoline & Oil $20,000 Total $20,000 To: A.3120.4.400.650 Police/Contracted Serv/Veh. Maint & Repairs $20,000 Total $20,000 Southold Town Meeting Agenda - August 9, 2016 Page 15 Vote Record - Resolution RES-2016-754  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 2016-755 CATEGORY: Property Acquisition Public Hearing DEPARTMENT: Land Preservation Brushes Creek Open Space Acquisition P.H. Set for 8/23/16 RESOLVED that pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, August 23, 2016, at 7:31 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the simultaneous purchase of the properties identified as:  SCTM #1000-127.-3-8 TriState Capital Holdings, LLC (5.4± acres)  SCTM #1000-127.-3-9.2 Capital Asset Retirement Fund, LLC and TriState Capital Holdings, LLC (2.1± acres)  SCTM #1000-127.-3-10.2 Jeffry Hallock (3.4± acres)  SCTM #1000-127.-3-10.3 Hallock Holding Corp. (1.8± acres)  SCTM #1000-127.-8-17.2 Capital Asset Retirement Fund, LLC and TriState Capital Holdings, LLC (0.67± acre)  SCTM #1000-127.-8-17.3 Capital Asset Retirement Fund, LLC (12.5± acres) The total area of the combined properties is 25.87± acres. The properties are located on Diachun Road and the north side of Peconic Bay Boulevard approximately 517 feet east from the intersection of North Oakwood Road and Peconic Bay Boulevard in Laurel. The properties are located within the Agricultural-Conservation (A-C) Zoning District and partially within the R-40 Zoning District. The combined properties have approximately 98± feet of road frontage on Peconic Bay Boulevard and 1800± feet along Brushes Creek.  The 25.87 acres will be acquired at a simultaneous closing, with the County acquiring a Southold Town Meeting Agenda - August 9, 2016 Page 16 seventy-nine percent (79%) undivided interest and the Town acquiring a twenty-one percent (21%) undivided interest, as tenants-in-common, to each of the six (6) tax map parcels listed above. The total combined price is $2,131,750± (two million one hundred thirty-one thousand seven hundred fifty dollars, plus or minus), plus all related acquisition costs which will be divided in accordance with the 79% County/21% Town partnership. The exact acreage is subject to survey. The combined purchase price may be adjusted based upon surveyed acreage of SCTM #1000-127.-8-17.2. The purchase price for each of the six (6) parcels and the acquisition costs will be funded in accordance with the 79% County/21% Town partnership with the County’s funding from the County New Drinking Water Protection Program, as amended and effective December 1, 2007 and County Old Drinking Water Protection Program as in effect November 30, 2000, and the Town’s funding will be from the Town’s Community Preservation Fund. The 21% Town’s purchase price is $447,667.50± (four hundred forty-seven thousand six hundred sixty-seven dollars and fifty cents, plus or minus) plus acquisition costs. The properties are listed on the Town’s Community Preservation Project Plan as properties that should be preserved for open space and wetland protection purposes. The purpose of this acquisition is for open space protection and passive recreational purposes. Proposed uses of the property may include a nature preserve, passive recreational area with trails and limited parking for access purposes, all subject to a Management Plan which will be developed for this property. The Land Preservation Coordinator has reviewed the acquisition in accordance with Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5. Sanitary Flow Credits may be available for transfer from the properties upon the purchase of the properties. The County of Suffolk will determine if Sanitary Flow Credits (a.k.a. County Workforce Housing Development Rights) are available, and if so, the number of Sanitary Flow Credits available from the properties. Any available Sanitary Flow Credits will be divided between the County and the Town in accordance with the 79% County/21% Town joint partnership percentage. The transfer of the Sanitary Flow Credits allotted to the Town will not be finalized, and shall not occur, until the Town closes on the properties, and the Town Board passes a resolution allowing the transfer into the Town TDR Bank. 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-2016-755  Yes/AyeNo/NayAbstainAbsent Adopted  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  Southold Town Meeting Agenda - August 9, 2016 Page 17 No Action  Lost  2016-756 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District SWMD Budget Mods Financial Impact: Create and fund a maintenance/supplies line for windrow turner; also funds for: additional RCA for compost site, 4th qtr gas monitoring, overdrawn employee OT line. 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 Employees - Vacation Earnings $1,000 SR 8160.4.100.650 Garbage Bags 1,400 SR 8160.4.400.300 Public Information/Printing 725 SR 8160.4.400.840 Hazardous Waste Removal 2,000 SR 8160.4.500.150 Groundwater Monitoring 500 Total $5,625 To: SR 8160.1.100.200 F/T Employees – Overtime Earnings $1,000 SR 8160.4.100.609 RCA Blend 2,125 SR 8160.4.100.576 Maint/Supplies Windrow Turner 2,000 SR 8160.4.500.175 Gas Monitoring 500 Total $5,625 Vote Record - Resolution RES-2016-756  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 - August 9, 2016 Page 18 2016-757 CATEGORY: Bid Acceptance DEPARTMENT: Highway Department Award Misc Highway Items RESOLVED that the Town Board of the Town of Southold hereby amends resolution 2016-698, adopted at the July 26, 2016 regular Town Board Meeting to read as follows: 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 $1,125.00 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 1985 International 9V4 Dump Fleet #253 $290.00 Vote Record - Resolution RES-2016-757  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  2016-758 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint John Jarski Full Time Senior Building Inspector Southold Town Meeting Agenda - August 9, 2016 Page 19 RESOLVEDappoints John Jarski to the that the Town Board of the Town of Southold hereby position of a full-time Senior Building Inspector for the Building Department, effective September 6, 2016, at a rate of $57,952.81 per year. Vote Record - Resolution RES-2016-758  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  2016-759 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint Assistant Town Attorney RESOLVEDappoints Daman A. Hagan that the Town Board of the Town of Southold hereby to the position of Assistant Town Attorney for the Town of Southold, effective August 10, 2016 through December 31, 2016, at a rate of $102,000 per annum. Vote Record - Resolution RES-2016-759  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  2016-760 Southold Town Meeting Agenda - August 9, 2016 Page 20 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 Rebekah A. Lessard from the Town of Southold in the amount of $2,950.00 in connection with its payment of the Community Preservation Fund tax on property in Southold (SCTM #1000-139.00-03.00-004.001) purchased by Rebekah A. Lessard on March 8, 2016, as the transaction is exempt from the CPF tax. Vote Record - Resolution RES-2016-760  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 2016-761 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 Warren and Deborah Bondarchuk from the Town of Southold in the amount of $3,500.00 in connection with its payment of the Community Preservation Fund tax on property in Southold (SCTM #1000-042.000-01.00-016.000) purchased by Warren and Deborah Bondarchuk on June 16, 2016, as the transaction is exempt from the CPF tax. Vote Record - Resolution RES-2016-761  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 - August 9, 2016 Page 21 Supt Hgwys Appt  No Action  Lost 2016-762 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Agreement W/Suffolk County - Youth Services for 2016 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the 2016 Southold Town Youth Services Agreement with the County of Suffolk, in the amount of $8,157.00, for the term January 1, 2016 through December 31, 2016, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2016-762  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  2016-763 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk LL Regarding CPF 20% Water Quality WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk th “A Local Law to County, New York, on the 26 day of July, 2016, a Local Law entitled 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” and Southold Town Meeting Agenda - August 9, 2016 Page 22 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 RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local “A LOCAL LAW to consider amending Southold Town Code Chapter 17 Law entitled, (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” reads 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. Southold Town Meeting Agenda - August 9, 2016 Page 23 D. Eligible projects shall also include those undertaken by the Town through a watershed 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 Southold Town Meeting Agenda - August 9, 2016 Page 24 Estuary Program, pursuant to the National Estuary Program (P.L. 100-4) under the Clean Water 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 - August 9, 2016 Page 25 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 Southold Town Meeting Agenda - August 9, 2016 Page 26 regional water quality improvement plans; 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 Southold Town Meeting Agenda - August 9, 2016 Page 27 estate transfer tax imposed by this article Local Laws No. 8-2002 of 2002 and No. 14-2006 of 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. Vote Record - Resolution RES-2016-763  Adopted  Yes/AyeNo/NayAbstainAbsent Adopted as Amended  James Dinizio Jr  Defeated  William P. Ruland Tabled  Withdrawn  Jill Doherty  Supervisor's Appt Robert Ghosio  Tax Receiver's Appt Louisa P. Evans Rescinded  Southold Town Meeting Agenda - August 9, 2016 Page 28 Town Clerk's Appt  Scott A. Russell  Supt Hgwys Appt  No Action Lost 2016-764 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk LL Regarding CPF WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk th “A LOCAL LAW to County, New York, on the 12 day of July, 2016, a Local Law entitled consider amending Southold Town Code Chapter 17 (Community Preservation Fund) to adopt the updated Community Preservation Project Plan” 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 RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local “A LOCAL LAW to consider amending Southold Town Code Chapter 17 Law entitled, (Community Preservation Fund) to adopt the updated Community Preservation Project Plan” reads as follows: LOCAL LAW NO. __ OF 2016 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. Southold Town Meeting Agenda - August 9, 2016 Page 29 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 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 July 2016 update shall supersede all previously adopted and amended plans. SECTION 2 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. Southold Town Meeting Agenda - August 9, 2016 Page 30 SECTION 3 Effective Date. This local law shall take effect upon filing with the Secretary of State. Vote Record - Resolution RES-2016-764  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 2016-765 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk LL Regarding Affordable Housing 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 12 day of July, 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 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: Southold Town Meeting Agenda - August 9, 2016 Page 31 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 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 Southold Town Meeting Agenda - August 9, 2016 Page 32 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; (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. Southold Town Meeting Agenda - August 9, 2016 Page 33 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-2016-765  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  2016-766 CATEGORY: Property Acquisition Purchase DEPARTMENT: Land Preservation Pindar Vineyards LLC Elect to Purchase/SEQRA WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of a development rights easement on a certain parcel of property owned by Pindar th Vineyards LLC on the 9 day of August, 2016, at which time all interested parties were given the opportunity to be heard; and WHEREAS, 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; and WHEREAS, 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; and Southold Town Meeting Agenda - August 9, 2016 Page 34 WHEREAS, 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; and WHEREAS, the property is listed on the Town’s Community Preservation Project Plan as property that should be preserved due to its agricultural value; and WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program (“LWRP”) and the LWRP Coordinator has recommended that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the development rights easement; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on this agricultural land; and, WHEREAS, THE TOWN BOARD OF THE TOWN OF SOUTHOLD CLASSIFIES THIS ACTION AS AN UNLISTED ACTION PURSUANT TO THE SEQRA RULES AND REGULATIONS, 6NYCRR 617.1 ET. SEQ.; AND, WHEREAS, the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and, WHEREAS, the Town Board of the Town of Southold accepted the Short Environmental Form for this project that is attached hereto; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action; and, be it further RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a development rights easement on agricultural land owned by Pindar Vineyards LLC, identified as part of SCTM #1000-59.-3-28.5. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the LWRP and the Town Board has determined that this action is consistent with the LWRP. Vote Record - Resolution RES-2016-766  Adopted  Yes/AyeNo/NayAbstainAbsent Adopted as Amended James Dinizio Jr  Defeated Southold Town Meeting Agenda - August 9, 2016 Page 35 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  No Action  Lost  VI. PUBLIC HEARINGS 1. Set PH 8/9/16 4:30 Pm LL Regarding CPF 20% Water Quality 2. Set PH 8/9/16 4:31 Pm LL Regarding CPF 3. Set PH 8/9/16 4:32 Pm - LL Regarding Afford Housing 4. Set PH 8/9/16 4:34 Pm - Pindar Vineyards Dev Rights