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Home My WebLink AboutAG-08/23/2016 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 23, 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 August 23, 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 23, 2016 Page 2 I. REPORTS 1. Planning Board Monthly Report July 2016 2. Trustees Monthly Report July 2016 3. NFAWL Quarterly Performance Report ending July 2016 4. Recreation Department Monthly Report June 2016 5. Program for the Disabled Monthly Report July 2016 6. Town Clerk Reports July 2016 1st Quarter 2nd Quarter 1st Half Year 7. Department of Public Works Monthly Report June 2016 II. PUBLIC NOTICES III. COMMUNICATIONS IV. DISCUSSION 1. 9:00 Am - Denis Noncarrow Amendments to CDBG Program 2. 9:15 Am - Chief Flatley Capital Request for Space Study at the Police Department 3. Councilman Ghosio Potential Water Usage Restrictions 4. Historical Landmark Designation 2500 Hobart Road 5. Chapter 83 of the Town Code Southold Town Meeting Agenda - August 23, 2016 Page 3 Dog Cases 6. EXECUTICE SESSION - Proposed Property Acquisition/S, Publicity of Which Would Substantially Affect the Value Thereof 10:30 am - Melissa Spiro 7. EXECUTIVE SESSION - Labor - Matters Involving Employment of Particular Person/S 10:45 pm - Chief Flatley and John Cushman 8. EXECUTIVE SESSION - Litigation TOS v. Vineyard 48 V. RESOLUTIONS 2016-767 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby August 23, 2016. Vote Record - Resolution RES-2016-767  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 2016-768 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Next Town Board Meeting Southold Town Meeting Agenda - August 23, 2016 Page 4 RESOLVED held, that the next Regular Town Board Meeting of the Southold Town Board be Tuesday, September 6, 2016 at the Southold Town Hall, Southold, New York at 4:30 P.M. Vote Record - Resolution RES-2016-768  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 Tabled 8/9/2016 4:30 PM 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. 7 of 2016 “A Local Law in relation to Amendments to Chapter 280, Zoning, in A Local Law entitled, connection with the Affordable Housing District” . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. Southold Town Meeting Agenda - August 23, 2016 Page 5 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 or other employee of the Town as designated by the Town Board 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 23, 2016 Page 6 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 23, 2016 Page 7 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  2016-763 Tabled 8/9/2016 4:30 PM 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 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, Southold Town Meeting Agenda - August 23, 2016 Page 8 (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. 8 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 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. Southold Town Meeting Agenda - August 23, 2016 Page 9 §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 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, Southold Town Meeting Agenda - August 23, 2016 Page 10 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. 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. Southold Town Meeting Agenda - August 23, 2016 Page 11 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; 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 Southold Town Meeting Agenda - August 23, 2016 Page 12 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 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 Southold Town Meeting Agenda - August 23, 2016 Page 13 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  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 23, 2016 Page 14 2016-764 Tabled 8/9/2016 4:30 PM 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. 9 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. 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. Southold Town Meeting Agenda - August 23, 2016 Page 15 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. SECTION 3 Effective Date. This local law shall take effect upon filing with the Secretary of State. Vote Record - Resolution RES-2016-764  Adopted  Yes/AyeNo/NayAbstainAbsent Adopted as Amended  Southold Town Meeting Agenda - August 23, 2016 Page 16 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  2016-769 CATEGORY: Refund DEPARTMENT: Zoning Board of Appeals Zoning Board of Appeals Refunds RESOLVED that the Town Board of the Town of Southold hereby grants a partial refund to the following applicant; the Zoning Board of Appeals has requested the refund per the Building Department, as a variance is no longer required. Studio A/B Architects $500.00 ZBA #6991 - Faerber 651 West Main Street Riverhead, NY 11901 Vote Record - Resolution RES-2016-769  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 2016-770 CATEGORY: Refund DEPARTMENT: Zoning Board of Appeals Southold Town Meeting Agenda - August 23, 2016 Page 17 Zoning Board of Appeals Refunds RESOLVED that the Town Board of the Town of Southold hereby grants a refund to the following applicant; as the Zoning Board of Appeals has been notified by the Building Department that a variance is no longer required. Thomas Magg $250.00 ZBA #6987 2025 Sigsbee Road Mattituck, NY 11952 Vote Record - Resolution RES-2016-770  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  2016-771 CATEGORY: Employment - Town DEPARTMENT: Accounting Acknowledges Retirement Carol A. Kalin WHEREAS, the Town of Southold has received email notification on August 17, 2016 from the NYS Retirement System concerning the retirement of Carol A. Kalin effective October 29, 2016 now therefore be it RESOLVEDacknowledges the intent to that the Town Board of the Town of Southold hereby retire of Carol A. Kalin from the position of Secretarial Assistant for the Planning Department effective October 29, 2016. Vote Record - Resolution RES-2016-771  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 - August 23, 2016 Page 18 Rescinded  Louisa P. Evans  Town Clerk's Appt  Scott A. Russell Supt Hgwys Appt No Action Lost 2016-772 CATEGORY: Attend Seminar DEPARTMENT: Engineering Michael Collins and James Richter to Attend NYS DEC Floodplain Management Training RESOLVED that the Town Board of the Town of Southold hereby grants permission to Michael Collins and James Richter to attend the NYS DEC Floodplain Management Training seminar in Brentwood, NY, on September 20, 2016. All expenses for registration, travel to be a legal charge to the 2016 budget (meetings and seminars). Vote Record - Resolution RES-2016-772  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  2016-773 CATEGORY: Public Service DEPARTMENT: Town Clerk Appoint Jill Doherty Temporary Marriage Officer RESOLVED that the Town Board of the Town of Southold hereby appoints Jill Doherty as a Temporary Marriage Officer for the Town of Southold, on Friday, August 26, 2016 only, to serve at no compensation. Vote Record - Resolution RES-2016-773  AdoptedYes/AyeNo/NayAbstainAbsent  Southold Town Meeting Agenda - August 23, 2016 Page 19 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 2016-775 CATEGORY: Employment - Town DEPARTMENT: Accounting Rescind Resolution No. 2016-669 RESOLVED that the Town Board of the Town of Southold hereby rescinds Resolution No. 2016-669 approved at the July 12 Town Board meeting appointing the following summer seasonal employee for the 2016 summer season, July 13 through September 5. STILLWATER LIFEGUARD HOURLY SALARY Pawel Klibisz (1st year)……………………………… $12.17 Vote Record - Resolution RES-2016-775  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  2016-776 CATEGORY: Employment - Town DEPARTMENT: Accounting Southold Town Meeting Agenda - August 23, 2016 Page 20 Rescind Resolution No. 2016-543 RESOLVED that the Town Board of the Town of Southold hereby rescinds Resolution No. 2016-543 approved at the May 31 Town Board meeting appointing the following summer seasonal employee for the 2016 summer season, June 25 through September 5. STILLWATER LIFEGUARDS HOURLY SALARY Hannah Fitzgerald (3rd year)…………………………… $12.72 Vote Record - Resolution RES-2016-776  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 2016-777 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Recreation Hire Fall Program Instructor/Modify Resolution Resolved that the Town Board of the Town of Southold authorize and direct Supervisor Scott A. Russell to execute an agreement with the following individual 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. Huck Hirsch (Mah Jongg) $30/hour Resolved that the Town Board of the Town of Southold hereby modifies the May 31 resolution hiring summer instructors as follows: From: The Little Red Barn (Pony & Farm Animal Camp) $350/person To: Southold Town Meeting Agenda - August 23, 2016 Page 21 The Little Red Barn (Pony & Farm Animal Camp) $390/person There was a typo regarding the salary for the summer camp. Vote Record - Resolution RES-2016-777  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  2016-778 CATEGORY: Legal DEPARTMENT: Town Clerk Waiver of 30 day Notice Period Liquor License for the Pequot Inn at Fishers Island, NY RESOLVED that the Town Board of the Town of Southold hereby amends resolution 2016-607 adopted at the June 14, 2016 regular Town Board meeting to read as follows: RESOLVED that the Town Board of the Town of Southold hereby waives the 30 Day notification period for the application of a transfer of a liquor license by The Pequot Bar and Avenue Restaurant LLC d/b/a the Pequot Inn, located at 246 Montauk Highway , Fishers Island, New York 06390 Vote Record - Resolution RES-2016-778  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 23, 2016 Page 22 2016-779 CATEGORY: Advertise DEPARTMENT: Town Clerk Part Time Clerk Typist RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for the position of Part-Time Clerk Typist for the Solid Waste District. Vote Record - Resolution RES-2016-779  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 2016-780 CATEGORY: Employment - Town DEPARTMENT: Accounting Accept the Resignation of Court Officer McDonald RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Edward J. McDonald from the position of Court Officer in the Justice Court, effective August 9, 2016. Vote Record - Resolution RES-2016-780  Adopted  Yes/AyeNo/NayAbstainAbsent Adopted as Amended Defeated James Dinizio Jr Tabled  William P. Ruland  Withdrawn  Jill Doherty  Supervisor's Appt  Robert Ghosio Tax Receiver's Appt  Rescinded  Louisa P. Evans  Town Clerk's Appt Southold Town Meeting Agenda - August 23, 2016 Page 23 Supt Hgwys Appt  Scott A. Russell  No Action  Lost 2016-781 CATEGORY: Affordable Housing DEPARTMENT: Town Attorney 2016 Affordable Housing Prices RESOLVEDsets the maximum initial that the Town Board of the Town of Southold hereby sales price and maximum allowable monthly rent for 2016 for affordable housing units as follows: Home Purchase Price May Not Exceed Households earning 80% or less of the HUD $212,375* median income for Nassau/Suffolk Households earning 100% or less of the HUD $265,500** median income for Nassau/Suffolk Households earning 120% or less of the HUD $318,625*** median income for Nassau/Suffolk * 2.5 times the 80% median income family of four - Nassau/Suffolk County ($84,950) **2.5 times the 100% median income family of four - Nassau/Suffolk County ($106,200) ***2.5 times the 120% median income family of four - Nassau/Suffolk County ($127,450) Monthly Rental Amounts May Not Exceed (utilities may or may not be included) Efficiency $ 953*** One Bedroom $ 1021*** Two Bedroom $ 1226*** Three Bedroom $ 1417*** Four Bedroom $ 1581*** *** represents Nassau/Suffolk Low Home Rent Limit RESOLVED that pursuant to Chapter 240-10-B(2)(c)\[2\]\[a\] of the Town Code, the Town Board sets $212,375 as the amount of payment required per of the Town of Southold hereby housing unit for Moderate Income Family Dwelling Units not built within the Town of Southold’s inclusionary zoning requirements. Said amount reflects two times the Nassau/Suffolk median income for a family of four in accordance with the Long Island Workforce Housing Act. Southold Town Meeting Agenda - August 23, 2016 Page 24 Vote Record - Resolution RES-2016-781  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 2016-782 CATEGORY: Budget Modification DEPARTMENT: Accounting Modify Capital Budget for Dispatcher Room Project Financial Impact: Increase appropriation for Dispatcher Room Project RESOLVED modifies the 2016 General that the Town Board of the Town of Southold hereby Fund Whole Town Budget as follows: From: A.1990.4.100.200 Police Retirement Reserve $140,000 Appropriations A.9901.9.000.100 Transfer to Capital Fund $140,000 and be it further RESOLVED increases the budget for that the Town Board of the Town of Southold hereby the Dispatcher Room Project Capital Project in the 2016 Capital Fund : Revenues: H.5031.55 Interfund Transfers $140,000 Total $140,000 Appropriations: H.3020.2.200.700 Public Safety Communications Capital Outlay Dispatcher Room Project $140,000 Southold Town Meeting Agenda - August 23, 2016 Page 25 Total $140,000 Vote Record - Resolution RES-2016-782  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  2016-783 CATEGORY: Property Usage DEPARTMENT: Town Clerk Fireworks Permit to Peconic Landiing RESOLVED that the Town Board of the Town of Southold hereby approves the issuance of a fireworks permit by the Town Clerk to Peconic Landing @ Southold, for a fireworks display on September 4, 2016 at 8:15PM (Rain Date: September 5, 2016 at 8:15 PM), on the Peconic Landing’s property at 1500 Brecknock Road, Greenport, New York, upon the payment of a single fee of $100 and subject to the applicant’s compliance with the requirements of the Town’s policy regarding the issuance of fireworks permits. Vote Record - Resolution RES-2016-783  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 23, 2016 Page 26 2016-784 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Board of Assessment Review Appointment RESOLVED that the Town Board of the Town of Southold hereby re-appoints Gerard H. Schultheis to the position of Chairman and Member of the Board of Assessment Review for the term to expire on September 30, 2021. Vote Record - Resolution RES-2016-784  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 2016-785 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Fishers Island Ferry District FIFD - FEMA Grant RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute extension request in regards to the FEMA grant to repair the seawall at Elizabeth Airfield on Fishers Island (FEMA-PW-24057) Vote Record - Resolution RES-2016-785  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 - August 23, 2016 Page 27 2016-786 CATEGORY: Grants DEPARTMENT: Town Attorney LI Community Foundation RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a grant application to the Long Island Community Foundation’s All For The East End Building Stronger Neighborhoods Program for a grant for the Town of Southold’s Public Relations Campaign on Affordable Housing. Vote Record - Resolution RES-2016-786  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 2016-787 CATEGORY: Litigation DEPARTMENT: Town Attorney Retains James D. Harmon, Jr. to Serve as Special Counsel RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a retainer agreement with James D. Harmon, Jr., Esq. to serve as special counsel to the Town of Southold, pro bono, with regard to the impact of aircraft noise on the residents of Southold. Vote Record - Resolution RES-2016-787  Adopted  Yes/AyeNo/NayAbstainAbsent Adopted as Amended  James Dinizio Jr  Defeated  William P. Ruland  Tabled  Jill Doherty  Withdrawn Southold Town Meeting Agenda - August 23, 2016 Page 28 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  2016-788 CATEGORY: Misc. Public Hearing DEPARTMENT: Town Attorney PH Amendments to CDBG RESOLVEDhereby sets October 4, 2016 at that the Town Board of the Town of Southold 4:31 PM, Southold Town Hall, 53095 Main Road, Southold, New York 11971, as the time and place for a Public Hearing on proposed amendments to the Community Development Block Grant Program Budgets for the 2013, 2014 and 2015 budgets and authorizes and directs Town Clerk Elizabeth Neville to publish an “Announcement of Public Hearing Notice” at which time all interested persons will be given an opportunity to be heard. Vote Record - Resolution RES-2016-788  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 2016-789 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Communications System Agreement with Motorola Solutions, Inc. Southold Town Meeting Agenda - August 23, 2016 Page 29 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a Communications System Agreement with Motorola Solutions, Inc., in an amount not to exceed $340,000.00 in connection with the replacement and upgrade of the Town of Southold Police Department Dispatch Room, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2016-789  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  2016-790 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Agreement for Fueling Town Vehicles WHEREAS, pursuant to General Municipal Law section 103 (4) the Town Board of the Town of Southold has determined that ensuring that Town emergency vehicles at all times have access to fuel is important to the life, health and safety of the residents of the Town of Southold, therefore, be it RESOLVED, that pursuant to N.Y. General Municipal Law section 103(4) the Town Board of the Town of Southold hereby authorizes Supervisor Scott A. Russell to enter into agreements with local vendors for the fueling of Town emergency vehicles when the Town’s fuel supply is dangerously low or other unforeseen occurrences prevent the fueling of emergency vehicles at the Town’s fuel dispensing facility. Vote Record - Resolution RES-2016-790  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 23, 2016 Page 30 Town Clerk's Appt  Scott A. Russell  Supt Hgwys Appt  No Action Lost 2016-791 CATEGORY: Property Acquisition Purchase DEPARTMENT: Land Preservation Brushes Creek Properties Open Space Elect to Purchase/Seqra rd WHEREAS, the Town Board of the Town of Southold held a public hearing on the 23 day of August, 2016, on the question of the simultaneous purchase of fee title to parcels located in the Brushes Creek area for open space protection and passive recreational purposes, pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code of the Town of Southold, at which time all interested parties were given the opportunity to be heard; and WHEREAS, the six (6) properties to be purchased are identified as being owned by:  TriState Capital Holdings, LLC (5.4± acres) and further identified as SCTM #1000-127.- 3-8. The address is 2550 North Oakwood Drive, in Laurel, New York; and  Capital Asset Retirement Fund, LLC and TriState Capital Holdings, LLC (2.1± acres) and further identified as SCTM #1000-127.-3-9.2. The address is 560 Diachun Road, in Laurel, New York; and  Jeffry Hallock (3.4± acres) and further identified as SCTM #1000-127.-3-10.2. The address is 430 Diachun Road, in Laurel, New York; and  Hallock Holding Corp. (1.8± acres) and further identified as SCTM #1000-127.-3-10.3. The address is No # Diachun Road, in Laurel, New York; and  Capital Asset Retirement Fund, LLC and TriState Capital Holdings, LLC (0.67± acres) and further identified as SCTM #1000-127.-8-17.2. The address is 2995 Great Peconic Bay Boulevard, in Laurel, New York; and  Capital Asset Retirement Fund, LLC (12.5± acres) and further identified as SCTM #1000-127.-8-17.3. The address is 2445 Great Peconic Bay Boulevard, in Laurel, New York; and WHEREAS, 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, and the combined properties have approximately 98± feet of road frontage on Peconic Bay Boulevard and 1800± feet along Bushes Creek; and Southold Town Meeting Agenda - August 23, 2016 Page 31 WHEREAS, the properties are located within the Agricultural-Conservation (A-C) Zoning District and partially within the R-40 Zoning District; and WHEREAS, the 25.87± acres will be acquired at a simultaneous closing, with the County acquiring a seventy-nine percent (79%) undivided interest and the Town acquiring a twenty-one (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 the County Old Drinking Water Protection Program, as in effect November 30, 2000, and the Town 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; and WHEREAS, 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 properties 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; and WHEREAS, the acquisition of this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code of the Town of Southold; and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has determined that this action is consistent with the LWRP; and WHEREAS, as per Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5, the Land Preservation Coordinator and the Town Board have reviewed the acquisition and have determined that sanitary flow credits may be available upon the Town’s acquisition of the properties. The County of Suffolk will determine if Sanitary Flow Credits (a.k.a County Workforce Housing Development Rights) are available and 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; and Southold Town Meeting Agenda - August 23, 2016 Page 32 WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition and recommends that the Town Board acquire the properties; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase fee title to the subject properties for the purpose of the preservation of open space and passive recreational purposes; 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 enter into a joint partnership between the Town Southold and the County of Suffolk, with the County of Suffolk acquiring a seventy-nine percent (79%) undivided interest and the Town of Southold acquiring a twenty-one percent (21%) undivided interest, as tenants-in-common, for a simultaneous purchase of fee title to each of the six (6) parcels being in the vicinity of Brushes Creek, totaling 25.87± acres, with ownership to the parcels being in the names of TriState Capital Holdings, LLC, Capital Asset Retirement Fund, LLC and TriState Capital Holdings, LLC, Jeffry Hallock, Hallock Holding Corp., and Capital Asset Retirement Fund, LLC, and identified as parcels on the Suffolk County Tax Map as #1000-127.-3-8, 9.2, 10.2 & 10.3 and #1000-127.-8-17.2 & 17.3. The total combined price is $2,131,750± plus all related acquisition costs which will be divided in accordance with the 79% County/21% Town partnership. 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 proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the LWRP Coordinator and the Town Board has determined that this action is consistent with the LWRP. The Town Board has reviewed the acquisition and has determined that sanitary flow credits may be available upon the Town’s acquisition of the properties and that the County of Suffolk will determine if Sanitary Flow Credits (a.k.a County Workforce Housing Development Rights) are available, and Sanitary Flow Credits will be divided between the County and the Town in accordance with the 79% County/21% Town joint partnership percentages. 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. Southold Town Meeting Agenda - August 23, 2016 Page 33 Vote Record - Resolution RES-2016-791  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated James Dinizio Jr Tabled Withdrawn William P. Ruland  Supervisor's Appt  Jill Doherty  Tax Receiver's Appt  Robert Ghosio Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell  No Action Lost VI. PUBLIC HEARINGS 1. PH 8/23/16 7:31 Pm - Brushes Creek Open Space Acquisition VII. MINUTES APPROVAL 1. RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Tuesday, June 14, 2016 2. RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Tuesday, June 28, 2016 3. RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Tuesday, July 12, 2016 4. RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Tuesday, July 26, 2016