The URL can be used to link to this page

Home My WebLink AboutTB-08/09/2016 ELIZABETH A.NEVILLE �gpFFO(� Town Hall, 53095 Main Road TOWN CLERK a�o� coGy PO Box 1179 Southold,NY 11971 co REGISTRAR OF VITAL STATISTICS o Fax(631)765-6145 MARRIAGE OFFICER y�ol �a�! Telephone: (631)765- 1800 RECORDS MANAGEMENT OFFICER southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING August 9, 2016 4:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, August 9, 2016 at the Meeting Hall, Southold,NY. Call to Order 4:30 PM Meeting called to order on August 9, 2016 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Organization Title Status Arrived � Departed 1am_es_Dinizi_0Jr Town of Southold i Councilman Present William P. Rulan_d ry Town of Southold € Councilman - WPresenty Jill Doherty _ , Town of Southold Councilwoman Present Robert Ghosio Tf Southold Councilman_ Pr own oesent Louisa P. Evans , Town of Southold Justice Present 1:45 PM Scott A. Russell Town of Southold Supervisor Present Elizabeth A. Neville ' Town of Southold ' Town Clerk Present William MNDuffy Town of Southold Town Attorney Present ' { I. Reports 1. Zoning Board of Appeals Monthly Report 2. Budget Report 3. Judge Hughes Monthly Report 4. Judge Price Monthly Report Southold Town Board Regular Meeting August 9, 2016 page 2 Il. Communications III. Public Notices IV. Discussion 1. Motion To: Motion to Enter Executive RESOLVED that the Town Board of the Town of Southold hereby Enter into Executive Session at 9:04AM for the purpose of discussing the following matters: Chief Flatley briefed the Town Board on problems in the court room yesterday concerning an altercation with a defendant. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:James Dinizio Jr, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell 2. 9:00 Am - Chief Flatley 3. Motion To: Motion to Exit Executive RESOLVED that the Town Board of the Town of Southold hereby Exit/Recess from this Executive Session at 9:26AM. RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell 4. 9:15 Am -Jeff Standish 5. Councilman Ruland 6. 9:30 Am - Jim Bunchuck 7. Motion To: Motion to Enter Executive RESOLVED that the Town Board of the Town of Southold hereby Enter into Executive Session at 9:06 AM for the purpose of discussing the following matter: incident in the courtroom the day before. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:James Dinizio Jr, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell 8. EXECUTIVE SESSION - Property Acquisition/s Publicity of Which Would Substantially Affect the Value Thereof 9. EXECUTIVE SESSION -Labor- Matters Involving Employment of Particular Person/S 10. EXECUTIVE SESSION -Litigation Southold Town Board Regular Meeting August 9, 2016 page 3 11. Motion To: Motion to Exit Executive RESOLVED that the Town Board of the Town of Southold hereby Exit/Recess from this Executive Session at 1:45PM. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:James Dinizio Jr, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell 12. 9:45 Am -Michael Collins and Jamie Richter Pledge to the Flag Special Presentation Cutchogue-New Suffolk Historical Council Certification of Appreciation for Mile Markers Presentation tabled for 2 weeks Opening Comments Supervisor Russell SUPERVISOR RUSSELL: Please rise and join in the Pledge of Allegiance. Thank you. Do we have anyone here representing the Cutchogue-New Suffolk Historical Council today? Well, we have a proclamation to present but we will do that at another time. What I would like now is to offer anybody the opportunity to address on any of the agenda items to please feel free. Sure, better now? It's an old system, we are maxed out on volume. Mary Eisenstein, Image of Mat/Laurel Committee MARY EISENSTEIN: Mary Eisenstein, I am representing the image of Mattituck-Laurel Committee and the Committee wanted to thank the board for the big bellies on Love Lane, and then inquiring as to is that going to be permanent and there are a couple of other places on the Main Road, specifically the bus shelter, there's a garbage can there that is continually overflowing, so they wanted to know will the big bellies be staying on Love Lane and do you have any plans for any other region in Mattituck? SUPERVISOR RUSSELL: I will defer to Bill. COUNCILMAN RULAND: We had a discussion about that today at work session, there are other needs in other hamlets. Love Lane was our pilot project which was extremely successful. To your comment about the other area, which has come up, it is not serviced by the Town of Southold. It is not on town property. And I believe when it is serviced, it is serviced by the owner of the plaza. MS. EISENSTEIN: Okay. Southold Town Board Regular Meeting August 9, 2016 page 4 COUNCILMAN RULAND: We don't have, I spoke.with the head of DPW about that. He said it really wasn't our responsibility there. However, I agree with you. It would be a great spot for one because of the amount of service you can get out of it before it needs to be emptied. MS. EISENSTEIN: And it's such a highly visible... COUNCILMAN RULAND: Oh, very much so. I think the contrast is that that's what some of the receptacles on Love Lane looked like before we went in that direction. MS. EISENSTEIN: Yes. Yes. COUNCILMAN RULAND: To the supervisor's first comment, we certainly hope that these will be permanent and we are planning on budgeting for another pilot in another hamlet. MS. EISENSTEIN: So am I hearing you that they are going to be moved? COUNCILMAN RULAND: No, no. MS. EISENSTEIN: Oh, no, they are going to stay there on Love Lane? COUNCILMAN RULAND: We are budgeting for another pilot in another hamlet. They are there. MS. EISENSTEIN: They are there, okay, great. Thank you. SUPERVISOR RUSSELL: Thank you, Mary. Who else would like to address the Town Board? Please? Ellen Paterno ELLEN PATERNO: I am Ellen Paterno and I would like to talk about the amendments to the affordable housing. Supervisor Russell SUPERVISOR RUSSELL: Let me just, did we have the public hearing on that already? Tonight is the scheduled public hearing, so what I am going to do is ask anybody that wants to comment on the public hearing, we are going to offer that in'a minute when we go into a public hearing. Right now we are just taking the general agenda. But in a couple of minutes it will be back up. Would anyone else like to comment on any of the items that are on the agenda? (No response) Alright, we will get the agenda done and then we will go to the public hearing. V. Resolutions 2016-738 Southold Town Board Regular Meeting August 9, 2016 page 5 CATEGORY.• Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated Aulzust 9, 2016. ✓Vote Record-Resolution RES-2016-738 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-739 CATEGORY.- Set Meeting DEPARTMENT: Town Clerk Next Town Board Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday,Aulzust 23, 2016 at the Southold Town Hall, Southold,New York at 7:30 P.M. ✓Vote Record-Resolution RES-2016-739 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James DInizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost Southold Town Board Regular Meeting August 9, 2016 page 6 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 Training in Saratoga Springs, NY, from September 111 through the 14t , 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 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ 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 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended - — James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Defeated ❑ Tabled William P Roland Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Mover 0 ❑ ❑ 11 ❑ Supervisor's Appt Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ RescindedScott A Russell Voter 0 ❑ ❑ ❑ 0 Town Clerk's Appt Southold Town Board Regular Meeting August 9, 2016 page 7 ❑ 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 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 Southold Town Board Regular Meeting August 9, 2016 page 8 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 0 Adopted ❑ Adopted as Amended ❑ Defeated - " " I Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 2 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter EI ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 121 ❑ ❑ ❑ ❑ 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. ✓Vote Record-Resolution RES-2016-743 Rl Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated James Dmizio Jr Seconder 0 ❑ ❑ ❑ ❑ Tabled William P Ruland Voter z ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Voter RI ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Mover El ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Voter El ❑ ❑ ❑ ❑ Rescinded Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt Southold Town Board Regular Meeting August 9, 2016 page 9 ❑ 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 R1 Adopted ❑ Adopted as Amended El -- - - -- --- - ------ - - - - Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled - - — ❑ Withdrawn James Dmizio Jr ; Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P.Ruland ; Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio i Voter 13 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 10 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter lZ ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-745 CATEGORY: Budget Modification DE,PARTME,ATT. 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 Southold Town Board Regular Meeting August 9, 2016 page 10 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: H.5650.2.100.300 Off Street parking Capital Outlay Kenny's Beach Parking Lot $327 Totals $327 ✓Vote Record-Resolution RES-2016-745 0 Adopted ❑ Adopted as Amended ❑ Defeated - - - - Yes/Aye No/Nay Abstain Absent ❑ Tabled __ __.-.._ ❑ Withdrawn James Dmizio Jr Voter 0_ ❑ ❑ ❑ ❑ Supervisor's Appt William P.Roland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-746 CATEGORY: Budget Modification DEPARTAIENT.• Police Dept Police Department Financial Impact:Donation:Lavender By The Bay RESOLVED that the Town Board of the Town of Southold hereby modifies the 2016 Total Whole Town Fund budget as follows: From: A.2705.40 Gifts & Donations $540 Total $540 Southold Town Board Regular Meeting August 9, 2016 page 11 To: A.3120.2.500.850 Police/Equipment/Traffic Cones/Barricades $540 Total $540 ✓Vote Record-Resolution RES-2016-746 RI Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled _ ❑ Withdrawn James Dimzio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder lZ ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 9 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 21 ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-747 CATEGORY.• Budget Modification DEPARTMENT.- Accounting Budget Modification for Laserfiche 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 Total $1,796 To: A.1680.4.400.600 Laserfiche Maintenance $1,796 Total $1,796 ✓Vote Record-Resolution RES-2016-747 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated lames Dmizio Jr Seconder 0 ❑ ❑ El ❑ Tabled Wilham P Ruland Voter Q ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Voter RI ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Mover Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ 0 Rescinded Scott A.Russell Voter 0 ❑ 0 0 Southold Town Board Regular Meeting August 9, 2016 page 12 ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2016-748 CATEGORY.• Refund DEPARTAIENT. 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-2016-748 121 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Mover ` 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P.Ruland Voter CSI ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder R1 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter Ll ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter R1 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter El ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-749 CATEGORY.• Bid Acceptance DEPART'VIENT. 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 41 Option #2 Southold Town Board Regular Meeting August 9, 2016 page 13 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 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ 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 Schim Mix $115.00/ton $300.00/ton Fog Coat $25.00/ga $100.00/ga ✓Vote Record-Resolution RES-2016-750 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled .lames Dmizio Jr Voter 0 ❑ ❑ - - ❑ ❑ Withdrawn William P Roland Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Rescinded Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action 0 Lost Southold Town Board Regular Meeting August 9, 2016 page 14 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 ✓Vote Record-Resolution RES-2016-751 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr ; Seconder Q ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter Q 11 El ❑ Tax Receiver's Appt Jill Doherty Voter El ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover D ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action 0 Lost Southold Town Board Regular Meeting August 9, 2016 page 15 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 LSI Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dtmzio Jr Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder .13 ❑ ❑ ❑ El Tax Receiver's Appt Jill Doherty Voter 2 ❑ 11 El ❑ Rescinded Robert Ghosio Voter R1 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-753 CATEGORY.- Contracts,Lease&Agreements DEPARTMENT.• Land Preservation Sill Remediation PW Grosser Consulting Contract RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs 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-2016-753 121 Adopted Yes/Aye No/Nay Abstain Absent Southold Town Board Regular Meeting August 9, 2016 page 16 ❑ Adopted as Amended James Dm¢io Jr Voter 21 ❑ ❑ ❑ ❑ Defeated William P Ruland Seconder 21 ❑ ❑ ❑ ❑ Tabled Jill Doherty Mover El ❑ ❑ ❑ ❑ Withdrawn Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P Evans Voter M ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ 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 that the Town Board of the Town of Southold hereby modifies the 2016 General 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 Sery/Veh. Maint & Repairs $20,000 Total $20,000 ✓Vote Record-Resolution RES-2016-754 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder Q ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action 0 Lost Southold Town Board Regular Meeting August 9, 2016 page 17 2016-755 CATEGORY: Property Acquisition Public Hearing DEPARTMENT• Land Preservation PH 8/23/16 7:31 Pm-Brushes Creek Open Space Acquisition 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 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. Southold Town Board Regular Meeting August 9, 2016 page 18 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 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled 11 Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-756 CATEGORY: Budget Modification DEPARTAIENT. 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, 41h qtr gas monitoring, overdrawn employee OT line. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2016 Solid Southold Town Board Regular Meeting August 9, 2016 page 19 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 0 Adopted ❑ Adopted as Amended ❑ Defeated yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dimzio Jr Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P.Ruland Voter 0 ❑ ❑ ❑ El Tax Receiver's Appt Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 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 Southold Town Board Regular Meeting August 9, 2016 page 20 Thomas Datre 1994 Mobil M84 Sweeper $1,225.00 Kenneth Gordon 2002 F250 Pick Up Fleet#285 �o $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 F60OG Dump Fleet#205 $27.00 1985 International 9V4 Dump Fleet#253 $290.00 ord-Resolution RES-2016-757 ted ted as Amended ted Yes/Aye No/Nay Abstain d James Dimzio Jr Voter 0 ❑ ❑ Irawn Secon visor's Appt William P Ruland der 0 ❑ El ecerver's Appt Jill Doherty Mover 0 ❑ ❑ nded Robert Ghosio Voter 0 ❑ ❑ Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ t -lgwys Appt Scott A Russell Voter D ❑ ❑ j ;tion 2016-758 CATEGORY.• Employment-Town DEPARTMENT: Accounting Appoint John Jarski Full Tune Senior Building Inspector RESOLVED that the Town Board of the Town of Southold hereby appoints John Jarski to the 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 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Withdrawn William P Ruland Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Rescinded Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A Russell Voter D ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action 0 Lost Southold Town Board Regular Meeting August 9, 2016 page 21 2016-759 CATE,GOR Y.• Employment-Town DEPARTNENT. Accounting Appoint Assistant Town Attorney RESOLVED that the Town Board of the Town of Southold hereby appoints Daman A. HaL'an 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 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Seconder 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ E] Tax Receiver's Appt Jill Doherty Voter 0 ❑ El ❑ Rescinded Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-760 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 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended James Dmizio Jr Mover 0 ❑ ❑ ❑ ❑ Defeated William P Ruland Seconder IZI ❑ ❑ ❑ ❑ Tabled Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Withdrawn Robert Ghosio Voter 0 ❑ 0 0 Southold Town Board Regular Meeting August 9, 2016 page 22 ❑ Supervisor's Appt Louisa P.Evans Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A.Russell Voter ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ 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 21 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter RI ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover EI ❑ ❑ '❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ 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 Southold Town Board Regular Meeting August 9, 2016 page 23 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 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled - - -- James Dmizio Jr Voter 121 ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt William P Ruland Mover CEJ ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ 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 County,New York, on the 26th day of July, 2016, a Local Law entitled "A Local Law to consider amending Southold Town Code Chapter 17 (Community Preservation Fund) to (i) extend the effective date of the Community Preservation Fund Real Estate Transfer Tax, imposed pursuant to Article 31-D of the State Tax Law, until December 31, 2050, and (ii) authorize the use of a portion of the Community Preservation Fund, not to exceed 20%, for water quality improvement proiects" 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 Law entitled, "A LOCAL LAW to consider amending Southold Town Code Chapter 17 (Community Preservation Fund) to (i) extend the effective date of the Community Preservation Fund Real Estate Transfer Tax, imposed pursuant to Article 31-D of the State Tax Law, until December 31, 2050, and (ii) authorize the use of a portion of the Community Preservation Fund, not to exceed 20%,for water quality improvement projects" reads as follows: LOCAL LAW NO. 8 OF 2016 Southold Town Board Regular Meeting August 9, 2016 page 24 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 W 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 0 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. §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 igiprovement 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 Southold Town Board Regular Meeting August 9, 2016 page 25 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 6f 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 (COMP) 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, 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 holdingtank.ank. Southold Town Board Regular Meeting August 9, 2016 page 26 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 04-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 settingsuch uch 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. Southold Town Board Regular Meeting August 9, 2016 page 27 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. W-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 provement project is consistent with one or more regional water quality provement plans; 3. Such project advances measurable water quality improvement for the Peconic Bax 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 additionalrg owth. §17-46. Water Quality Advisory Committee. Southold Town Board Regular Meeting August 9, 2016 page 28 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 the approval at the general election to be held on November 8, 2016, 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 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, 2-GN 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 Southold Town Board Regular Meeting August 9, 2016 page 29 (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 §§I0(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 ❑ Defeated 0 Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost Next:8/23/16 7:30 PM 2016-764 CATEGORY.• Enact Local Law DEPARTIVENT.• Town Clerk LL Regarding CPF WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk Southold Town Board Regular Meeting August 9, 2016 page 30 County,New York, on the 12"' day of July, 2016; a Local Law entitled "A LOCAL LAW to consider amending Southold Town Code Chapter 17 (Community Preservation Fund) to adopt the updated Community Preservation Project Plan" 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 Law entitled, "A LOCAL LAW to consider amending Southold Town Code Chapter 17 (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. 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 Southold Town Board Regular Meeting August 9, 2016 page 31 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 pproves 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 ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated James Dmizio Jr Voter 2 ❑ ❑ ❑ Rl Tabled William P Ruland Mover 0 ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt LOUisa P Evans Voter Q ❑ ❑ ❑ ❑ Rescinded Scott A Russell Voter 2 ❑ ❑ ❑ E❑ Town Clerk's Appt ❑ Supt H,-wys Appt Southold Town Board Regular Meeting August 9, 2016 page 32 ❑ No Action ❑ Lost Next:8/23/16 7:30 PM 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 County,New York, on the 12th day of July, 2016, a Local Law entitled "A Local Law in 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 Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with the Affordable Housing District" reads as follows: LOCAL LAW NO. 7 of 2016 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with the Affordable Housing District". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The purpose of these Amendments is to allow more flexibility in the design of Affordable Housing Districts in order to expand the opportunities for the creation of moderate income housing within the Town. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-25. Definitions. PERMANENT FIXED IMPROVEMENT An improvement to a lot or a,moderate-income family dwelling unit which cannot be removed and which provides value to the 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 Southold Town Board Regular Meeting August 9, 2016 page 33 Government Liaison Officer Speeial nrejeets reor-,1inat,,, 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 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 afea ,tensity bonus f small r-ental ii�a �g Southold Town Board Regular Meeting August 9, 2016 page 34 units ; a 1\41F-D T tenant o e d development. (square F et/dwelli .ttt tt loss than 850 squafe feet, „to cnoi Of the total number- of Upits in the develepfllefA) 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. 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 - -- Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Southold Town Board Regular Meeting August 9, 2016 page 35 ❑ Defeated James Dmizio Jr Voter f 0 ❑ ❑ ❑ 0 Tabled William P Roland Mover El ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Rescinded Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost Next:8/23/16 7:30 PM 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 Vineyards LLC on the 9tl' 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 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 Southold Town Board Regular Meeting August 9, 2016 page 36 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 0 Adopted ❑ Adopted as Amended ❑ Defeated TYes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Mover D ❑ El- El ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action 0 Lost Southold Town Board Regular Meeting August 9, 2016 page 37 30. Motion To: Motion to recess to Public Hearing RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed at 5:20PM in order to hold a public hearing. RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell VI. Public Hearings 1. Set PH 8/9/16 4:34 PM -Pindar Vineyards Dev Rights RESULT: CLOSED [UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Councilman Robert Ghosio, Jr. COUNCILMAN GHOSIO: RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, inly 26, 20� 7gym, August 9, 2016 at 4:34 PM, Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of a development rights easement on property owned by Pindar Vineyards LLC. Said property is identified as part of SCTM #1000-59.-3-28.5. The address is 43295 County Road 48 in Southold. The property is located in the Agricultural-Conservation (A-C) Zoning District and is situated on the northerly side of County Road 48 approximately 400 feet westerly from the intersection of CR 48 and Horton Lane in Southold, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 30.1± acres (subject to survey) of the 32.6± acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The easement will be acquired using Community Preservation Funds. The purchase price is $60,000 (sixty thousand dollars) per buildable acre for the 30.1± acre easement plus acquisition costs. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. I have here a copy of the legal notice from the Suffolk Times on August 4, 2016. I do have an affidavit here that this announcement was put on the Town Clerk's bulletin board. I have a short Southold Town Board Regular Meeting August 9, 2016 page 38 environmental assessment form all filled out and I have a memorandum from the LWRP coordinator that the proposed action is consistent with the policy standards and therefore is consistent with the LWRP. That's all I have. Supervisor Russell SUPERVISOR RUSSELL: Would anyone like to address the Town Board on this particular hearing? Melissa Spiro,Land Preservation Coordinator MELISSA SPIRO: Hi, Melissa Spiro, Land Preservation Coordinator. As noticed, this public hearing is for the town to acquire a 30 development rights easement for agricultural purposes. The farm is on the town's list of eligible parcels and the purchase will be funded with funds from the community preservation fund. The final purchase price is based on the surveyed acres at $60,000 per acre with an estimated total of$1.8 million. The farm is shown on the map in front, it's outlined in red. All but one of the properties shown on the map with white labels have been preserved for agriculture, either under the town or the county's farmland programs. The property to the north of the subject property, also labeled in white is town owned open space. The Pindar property is adjacent to and also across the street from other preserved agricultural lands and as I noted, it is also adjacent to town owned open space. So preservation of this farm expands an existing area of preserved land. The farm contains all prime ag soils and it is in active agriculture. The landowners intend to exclude an area of approximately 2 %2 acres from the sale of development rights as designated with the broken white lines on the map. The exact area will be determined after the property has been surveyed. Both the Land Preservation Committee and I support this acquisition and recommend that the Town Board proceed with the project as proposed. Thank you. Supervisor Russell SUPERVISOR RUSSELL: Thank you. Would anyone else like to address the Town Board on this particular project? (No response) 2. Set PH 8/9/16 4:32 Pm -LL Regarding Afford Housing This public hearing was closed at 5:21PM RESULT: CLOSED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Councilman Robert Ghosio,Jr. COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN that there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 12`" day of July, 2016, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with the Affordable Housing District" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will Southold Town Board Regular Meeting August 9, 2016 page 39 hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold,New York, on the 91h day of August,2016 at 4:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with the Affordable Housing District"reads as follows: LOCAL LAW NO. 2016 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with the Affordable Housing District". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The purpose of these Amendments is to allow more flexibility in the design of Affordable Housing Districts in order to expand the opportunities for the creation of moderate income housing within the Town. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-25. Definitions. PERMANENT FIXED IMPROVEMENT An improvement to a lot or a moderate-income family dwelling unit which cannot be removed and which provides value to the 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 Speeial Pfojeets Goo-,ainat,,, 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. Southold Town Board Regular Meeting August 9, 2016 page 40 [Amended 8-26-2014 by L.L.No. 10-2014] A. No building or premises shall be used and no building or part thereof shall be erected or altered in the AHD District unless the same conforms to the following Bulk, Area and Parking Schedule: Bulk, Area and Parking Schedule Minimum Requirements MIFDU Owner MIFDU Tenant Occupied Occupied Total lot area(square feet) 10,000 10,000 Lot width(feet) 80 80 Lot depth(feet) 100 100 Front yard (feet) 35 35 1 side yard (feet) 15 15 Both side yards (feet) 25 25 Rear yard (feet) 35 35 Minimum livable floor area (square feet 850 450 per dwelling unit) Off-street parking spaces (per dwelling 2 2 unit) Land area for yield(square feet per 10,000 10,000 dwelling unit) Land area density bonus f small rental iila 5'-999 development.eiit. (squafe feWdwell loss +1,a 850 squar-e feet, p to 509 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: Southold Town Board Regular Meeting August 9, 2016 page 41 (a) Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the amendments; (b) Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than the sought variance; (c) Whether the variance is substantial; (d) Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and (e) Whether the alleged difficulty was self-created,which shall be relevant to the decision but shall not necessarily preclude the proposed amendment or variance. (2) This provision supersedes and amends New York State Town Law §§ 267, 267-a, 267-b and 267-c insofar as these sections give such authority to the Zoning Board of Appeals. Any amendment to highway specifications shall meet with the approval of the Highway Superintendent. III. SEVERABILITY If any clause, sentence,paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid,the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. I have an affidavit that this was posted on the Town Clerk's bulletin board here in Town Hall. I also have an affidavit from the Suffolk Times and a copy of the announcement in the Suffolk Times on July 20, 2016. I have a letter here from the Suffolk County Department of Economic development and planning, they consider this a matter of local determination, there is no significant county-wider or inter-community impacts. From the LWRP coordinator, he has found this-to be consistent with the LWRP policy standards and therefore consistent with the LWRP. I also have a memorandum from the Planning Board office, LWRP coordinator and assistant Planning Director that the proposed action amending the local law is a type II action and therefore not subject to SEQRA review. I have a memorandum from the chairman of the Planning Board, Donald Wilcenski, `Thank you for the opportunity to provide comments on the above mentioned local law, the Planning Board supports the adoption of this legislation and note that the Planning Board recommends that alternative waste water sanitary systems be required for future developments at higher densities.' That is all. Supervisor Russell SUPERVISOR RUSSELL: Would anybody like to address the Town Board on this particular local law? Ellen Paterno Southold Town Board Regular Meeting August 9, 2016 page 42 ELLEN PATERNO: I am Ellen Paterno and I would like to speak about this amendment. I am just going to read a little bit about my background, so you will know why I feel strongly about this and then I have a few questions at the end. Basically, Southold is the end of the line on Long Island. There is nothing more beyond this that is rural and that we can really keep that way, so I am really concerned about the density that we are talking about. I have lived in Suffolk County my entire life and have been witness to the effects of down zoning, in particular with the intent of managing and or encouraging growth in housing availability. The addition of apartments and other high living quarters rapidly increases the population, traffic, school costs, demands on available drinking water, services including police and fire, and impacts of sewage, waste etc. As we can see during the peak tourist season, over-crowding also changes what is so special about a small town. The way neighbors know and interact with each other. Attitudes change and not for the better. Briefly, my personal experience comes from growing up in the small village of Islip, not unlike Southold. My brothers clammed in Great South Bay and we spent many summers enjoying the beaches. Lined with small stores, Main Street was a place for gathering for parades and getting together with friends. We knew our neighbors and tried to help each other. Parents kept an eye on their kids and the neighborhood kids, too. Times changed and Islip too. Little houses became big houses, families have not just one but two or more cars in their driveways. Working fathers are two working parents but the most significant changes came from an increasing number of apartment buildings when they were built. Add to the problems stated above, runoff, flooding, garbage, lack of parking, big box stores and malls, crowding everywhere. Young people want to live near their families and jobs. I can understand this desire but the reality is, that most people commute to work and to other activities. In some cases, when the extended family is willing to help or when young families look at o ther'options, they could be more selective about where to live. My husband and I moved our young children out of a troubled neighborhood to a house in Smithtown near our jobs. The move was possible because we bought a house that was in deplorable condition. Some examples, the former owners teenage sons used to park their motorcycles in the dining room. The kitchen faucet either shut itself off or shot out the back window. There was no ceiling in the kitchen because of a leak in an upstairs bath. And those are just minor examples of what was wrong with the house. It took years and hard work to make the house a home, and sacrifices, no vacations, each of us working different shifts to avoid childcare expenses. Our parents had moved to the south, so we were on our own. We did learn a lot from our depression generation parents. We may not get everything that we want but we must work very hard to get what we need. With that said, I have some questions and maybe I will understand a little more of where we are going. First of all, my understanding is that it allows 12 units per acre, maximum 24 per site. Is that correct? SUPERVISOR RUSSELL: Twenty four per project, yes. MS. PATERNO: Per project. That might be different than a site than? SUPERVISOR RUSSELL: Yes, first it's not zoning, it's not basically that you are going to go out and zone land and it's going to have this inherent right to build 24 units. It is what is called overlay zoning. Someone needs to come in with a specific plan, the Board needs to review it and if we decide we like it, it goes out for a public hearing so that that property becomes an overlay, what we call AHD affordable housing district. That assures that the project has to be Southold Town Board Regular Meeting August 9, 2016 page 43 completely consistent with the town's current affordable housing guidelines and it provides a measure of oversight for the town so that basically you are not just rezoning property, letting people build what they want. You know, there has to be some sort of purpose for this and the purpose is managed by the towns Affordable Housing Commission. MS. PATERNO: Okay, I will have a comment on that. and how many families are on the waiting list? SUPERVISOR RUSSELL: Right now there's very few families, mostly single. I would say there's a list of about 123. It hasn't been updated. Typically what you will find on that list are young, single professionals that are either at the-start of their career or not earning at their full potential yet or not married yet. Circumstances change, this housing isn't a giveaway. It is affordable housing, affordable rentals for young people and 55 and over by the way, this isn't just for young people, there's many people 55 and over that need this type of housing in Southold. Basically, for a lot of the younger people it's a stepping stone into the market. Nobody is buying them a house, no one is giving them a house. It gives them an apartment, a place to live, so that they can develop some equity to put down on a house, maybe their circumstances change where they start to earn more money, maybe they get married. Some life change may happen where they can go buy into the regular market. That's, the market is still there for them to buy into. All this is, is an apartment that someone can live in that's less than $38,000 a month to live in, 1,000 square feet. It's crazy out here. MS. PATERNO: But there's no restrictions on how big the family could be? SUPERVISOR RUSSELL: They would be limited by New York State building code, size of the unit would dictate how many people could occupy it. in other words, New York State building code allows I think one person per every 450 square feet or something. I have to look into.that for you but it's maxed out by state building code. MS. PATERNO: Okay. Has the town have any idea of how many acres, sites could be included in this legislation and in which areas? Have any studies been done to evaluate the potential for building multi-unit housing in accordance with this legislation? SUPERVISOR RUSSELL: Yes, it's a history of studies in Southold Town. The hamlet stakeholders initiatives back in the 2003-2006 had identified each of the hamlet centers as area that would be most suitable for higher density housing. These literal geographic locations in and around these hamlet centers throughout the entire town, that these stakeholders, which are people that came from those communities, identified as areas that would be most suitable for higher density housing. How many parcels in Southold Town? Theoretically, anybody could walk in with a piece of property and make a petition for an affordable housing district zone. But again, that would have to go through a very thorough and vetting process and it would be subject to it's own public hearing. Nobody can come in, when we adopt this, if we adopt this law, no one can come in and start building apartments with 24 units in them. They still need to go through a very separate,vetted process. Southold Town Board Regular Meeting August 9, 2016 page 44 MS. PATERNO: So we wouldn't know the acreage then? What could potentially be.... SUPERVISOR RUSSELL: As overlay zoning, it could apply to any acreage in Southold. Any property in Southold Town. COUNCILMAN DINIZIO: Well, we know the minimum density. SUPERVISOR RUSSELL: Right. COUNCILMAN DINIZIO: Okay, there's a maximum density and a minimum lot size. So we know that the lot size can only be two acres and the maximum number of units on any lot is 24, above two acres. Or two acre zoning. SUPERVISOR RUSSELL: Well, theoretically, you could put 24 units on five acres. What it is saying is the site shall not be any more than 24 units, whether it is 2, 3, 5 acres. What this code allows for up to 12 units per acre but to max out at 24. And that could be applied on.... MS. PATERNO: So you would need two acres for 24? SUPERVISOR RUSSELL: You would need at least 2 acres, you would probably need more because of site requirements, drainage,things like that. MS. PATERNO: As seen with the Heritage, much of the town's authority seems to alter project plans seems to have been reduced because of the existing zoning on the property. Perhaps different zoning could have removed the opportunity for the subsequent litigation filed in regard to that project. And this question doesn't relate to the Heritage project directly. If permits to require variances, could that added process for preferential treatment litigation? And I think that also, you know, with the review that would go on, I wonder if that, there would also be more chance for litigation depending on the situation. SUPERVISOR RUSSELL: What would the liability be for the litigation? MS. PATERNO: I don't know, preferential treatment or you know, I don't know what it would be at this point. SUPERVISOR RUSSELL: Well, I think what you call incentive zoning has historically been upheld by court after court after court. COUNCILMAN-DINIZIO: And it's doubtful that a variance would be issued in that the criteria has already been set. There's no hardship if it's all spelled out. SUPERVISOR RUSSELL: Just understand, there's a huge difference between the Heritage and what we are proposing. The Heritage with zoning, the fate was cast back in June of 1983, when the hamlet density zoning was established there. It had been reviewed several times by several Boards, long before we came along and found to be suitable zoning for that site. You or I might Southold Town Board Regular Meeting August 9, 2016 page 45 disagree with that but unfortunately, sometimes our fate gets cast by previous Boards. This is different, no single property in Southold Town will, as a matter of right, tomorrow, if this vote passes, be able to come in and build 24 apartments. They will have to apply to the Town, go through a hearing, a separate zoning hearing, separate everything on a case by case basis. It does not convey automatically the right of anybody to do that. COUNCILWOMAN DOHERTY: And they get the approval to change the zone, they still have to go through the process of the Planning Board, Building Department, Zoning Board, there's no exemption from the process. SUPERVISOR RUSSELL: And the concept plan would already have to be approved by the Town Board. In other words, we are not going to give you zoning and let you build what you want. We have got to see what you are doing in advance and sign off on it in advance giving you the zoning. It's the exact opposite of how traditional zoning works. MS. PATERNO: Okay. I, my one concern is, we know who the Board is now, we don't know who it will be in the future, the other thing is, what's to determine if those people who move in today are going to continue working in the town or for whatever reason makes them eligible. I have never seen how they were able to maintain that situation because time changes a lot of things and in the meantime, you have the increased density, you have all those problems that go with increased density and I think it will change Southold, honestly, forever. SUPERVISOR RUSSELL: The affordable housing as it works now, you already need to be a resident of that school district before you can qualify for an apartment or a house, whatever it is. so this notion that we are going to flood the school.districts with all these people and put these huge demands on services, it's just not consistent with what's already happening. They are already there. They are already living in and around that district. This just provides a place for them that's a little more affordable probably than what they are currently paying. Also, you know the fact of the matter is, we already oversee affordable housing in Southold Town on an annual basis. The applications get reviewed, their income gets reviewed, their residency, all those things get reviewed through an affordable housing, that's why we have a commission that does that. if any project comes as a result of that. They would have the same annual review process. They would need to report to the town to make sure that it is helping the very people that it was intended to help. COUNCILWOMAN DOHERTY: Scott, may I suggest, you make an appointment with Denis Noncarrow and he can explain the details of our affordable housing program and how it works in this town at a later date. MS. PATERNO: Thank you. Supervisor Russell SUPERVISOR RUSSELL: Would anyone else like to address the Town Board on this particular local law? (No response). 3. Set PH - 8/9 4:31 Pm LL Regarding CPF Southold Town Board Regular Meeting August 9, 2016 page 46 RESULT: CLOSED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Councilman Robert Ghosio, Jr. COUNCILMAN GHOSIO: TAKE NOTICE, that the Town Board of the Town of Southold hereby directs that a public hearing shall be held on August 9, 2016, at 4:30 p.m., at Southold Town Hall, 53095 Main Rd., Southold, New York, to hear any and all persons either for or against a proposed local law entitled, "A LOCAL LAW to consider amending Southold Town Code Chapter 17 (Community Preservation Fund) to adopt the updated Community Preservation Project Plan", Summary of Proposed Law The purpose of this local law is to implement the authority delegated by the State to the Town of Southold pursuant to Chapter 551 of the Laws of 2015. Specifically, this local law allows the Town to utilize the July 2016 update to the Community Preservation Project Plan. Copies of the proposed law, sponsored by the full Town Board, are on file in the Town Clerk's Office, Monday through Friday, from 8:00 a.m. to 4:00 p.m. I do have a copy of the legal notice from the Suffolk Times published August 4, 2016. 1 also have an affidavit that this public hearing was noticed on the Town Clerk's bulletin board. That is all I have. Supervisor Russell SUPERVISOR RUSSELL: Would anybody like to address the Town Board on this public hearing? Melissa Spiro, Land Preservation Coordinator MELISSA SPIRO: Melissa Spiro, Land Preservation Coordinator. The laws relating to the community Preservation fund require that the town has a community preservation project plan. Community preservation funds are only allowed to be expended on projects that have been included in the plan. The first plan was adopted in 1998 and several updates were adopted over the years. This hearing pertains to the adoption of an updated community Preservation project plan. The properties on the eligible list, the recommended methods of preservation and the types of preservation that should be given priority remains essentially as described in the towns original 1998 plan as these same goals have been expressed in studies and other plans since the original plan adoption. And again, with the current comprehensive planning process that the current town board is undergoing. Goals from the draft comprehensive plan were reviewed and goals pertaining to preservation and acquisition that fall under the purposes allowed for by the community preservation fund are incorporated into the updated community preservation plan. The Town's longstanding priority has been the preservation and protection of its agricultural properties. This priority conforms to the CPF legislation within which it is stated that the town's plan shall establish the priorities for preservation and shall include the preservation of farmland as its highest priority. The plan includes a section describing how the town's Land Preservation Committee which also functions as the town's Community Preservation Fund Advisory Board Southold Town Board Regular Meeting August 9, 2016 page 47 and also acts in an advisory capacity to the Town Board, prioritizes potential projects to be funded with Community Preservation funds. The updated Community Preservation Project plan list of eligible parcels contains 957 parcels totaling 9,563 acres. The parcels are shown on the Community Preservation Project map up in the front, of the listed parcels 362 parcels totaling 5,574 acres are shown, farmland preservation being the primary preservation purpose. Owners of properties listed in the Community Preservation Project plan are not obligated in any way to sell their property or otherwise participate in the plan. There is pending legislation, which is the subject of the next hearing relating to the Community Preservation Fund to extend the 2% real estate transfer tax from 2030 to 2050 and to create a new category of eligible funding for water quality improvement projects. This action is pending and subject to adoption by local law in referendum in November 2016. If the legislation is adopted and a plan or plans for specific water quality projects are adopted, in the future of the Community Preservation Project plan may be amended subject to public hearing and all regulatory process requirements to include these projects and specific parcels as part of the overall plan. In addition, the town is continuing with the comprehensive plan process and proceeding towards adopting a final comprehensive plan. It is intended that the Community Preservation Project plan will be updated and amended, again subject to public hearing and all regulatory process requirements to incorporate where applicable more specific goals, preservation projects, strategies and more specific targeted preservation parcels as the stated goals and objectives as outlined within the comp plan or other town studies are finalized, adopted and implemented. I am here to answer any questions in regard to the plan. Thank you. Supervisor Russell SUPERVISOR RUSSELL: Thank you, Melissa. Would anyone else like to address the Town Board on this particular local law? Councilman Robert Ghosio,Jr. COUNCILMAN GHOSIO: This might be a good opportunity to mention that the Land Preservation Committee is a group of volunteers from our town that do an awful lot of work and meet and get together every two weeks and discuss these various parcels that may or may not be available for preservation and I just wanted to mention it, that they do a do a big job and they devote a lot of time to it. it is appreciated by everybody involved. 4. Set PH 8/9/16 4:30 Pm LL Regarding CPF 20% Water Quality This public hearing was closed at 5:46PM RESULT: CLOSED [UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Councilman Robert Ghosio, Jr. COUNCILMAN GHOSIO: TAKE NOTICE, that the Town Board of the Town of Southold hereby directs that a public hearing shall be held on August 9,2016, at 4:30 p.m., at Southold Town Hall, 53095 Main Rd., Southold,New York, to hear any and all persons either for or against a proposed local law entitled, "A LOCAL LAW to consider amending Southold Town Southold Town Board Regular Meeting August 9, 2016 page 48 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." Summary of Proposed Law The purpose of this local law is to implement the authority delegated by the State to the Town of Southold pursuant to Chapter 551 of the Laws of 2015. Specifically, this local law allows the Town to use up to 20% of the Community Preservation Fund's annual revenues to undertake water quality improvement projects, as defined herein, in order to preserve community character by improving water quality. Projects eligible for funding include: (i) wastewater treatment improvement projects, (ii) non-point source abatement and control program projects developed pursuant to section 11-b of the Soil and Water Conservation Districts Law, section 1455b of the Federal Coastal Zone Management Act, or Article 42 of the Executive Law, (iii) aquatic habitat restoration projects, (iv)pollution prevention projects, and (v)the operation of the Peconic Bay National Estuary Program, as designated by the United State Environmental Protection Agency. Importantly, no monies from the fund may be expended for a water quality improvement project unless such project has first been certified by the Town Board pursuant to the provisions of said law. Copies of the proposed law, sponsored by the full Town Board, are on file in the Town Clerk's Office, Monday through Friday, from 8:00 a.m. to 4:00 p.m. I have a copy of the legal notice from the Suffolk Times dated August 4, 2016 and also an affidavit that this was posted on the Town Clerk's bulletin board here in Town Hall. That's all I have. Supervisor Russell SUPERVISOR RUSSELL: Would anybody like to address the Town Board on this particular local law? Melissa? Melissa Spiro, Land Presrvation Coordinator MELISSA SPIRO: Melissa Spiro, Land Preservation Coordinator. As noticed, this hearing pertains to both the extension of the Community Preservation fund and the Water Quality project improvement addition. The community Preservation Fund has significantly impacted in a very positive way the towns preservation efforts. We are far from done and the extension to 2050 will allow us to continue and hopefully increase our efforts knowing there will be a continuation of the funding stream into the far future. The map in front shows all the protected lands within Southold Town and the Village of Greenport. All the green parcels are protected already. This includes preservation efforts and funding from many different entities, many different types of preservation and many different sources of funding. I don't have the dollar amounts, since this goes way back, however it represents over 9,000 acres of preserved land. Since its inception, Southold's Community Preservation Fund has generated over$78 million in 2% land transfer tax revenue. The CPF transfer tax was used to leverage an additional $21.6 million of federal, state and county funds, private grants and donations. Over $100 million of CP funds have been used for land and development rights acquisitions. This includes over $33 million for the preservation of open space lands and over $66 million to purchase development rights on farmland. The Southold Town Board Regular Meeting August 9, 2016 page 49 Town has used the fund for over 120 acquisitions totally over 2,000 acres. This includes preservation of over 660 acres of open space and over 1,400 acres of preserved farmland. We are not done and I call your attention back to the map in the front, the public hearing that we had before pertains to the Community Project plan and I told you how many acres were on there. the map illustrates all of the list of the eligible parcels in the plan and those parcels that are eligible for using Community Preservation funds. The eligible parcels are all shown in orange. There are over 950 parcels, totally over 9,500 acres. Over 5500 of these acres including farmland preservation as being the primary purpose. As the numbers I have mentioned show, this Town Board, prior Town Board's and the residents of Southold Town have consistently supported preservation efforts and funding for preservation. Passage by the Town Board of this local law and approval by the voters of the proposition in November will allow the continuation of the town's important land preservation efforts. I support this, I hope the Town Board does too and I am here if there are any questions pertaining to this local law. Thank you. SUPERVISOR RUSSELL: Thank you. Anybody else? Robert Dunn, Peconic ROBERT DUNN: Robert Dunn, Peconic. A comment and then two questions. The, going to 2050, certainly speaking for myself and a few other people in this room, is forever. I don't know why it wasn't considered in just making it permanent. When you do things less than permanent, it just casts a doubt on it. My bigger question is, this fund seems to have been very successful, certainly from the results that we can all see and in a way cannibalizing something that doesn't seem to me to be advisable. Second to that is, what you want to do with the 20 percent of it I think is admirable but couldn't it be a standalone number? In addition? So if the whole thing went to 2 1/2 percent and 2 percent stayed with community preservation and '/2 a percent went to also a just cause that we are hopeful will have equal results that community preservation did, you get my point. SUPERVISOR RUSSELL: Yes. Honestly, I think the problem with this particular law as proposed, it puts land preservation and groundwater protection in competing, you know. MR. DUNN: They are both needed. SUPERVISOR RUSSELL: Right. MR. DUNN: And one is already proven to do a good job. And the other one I hope does as well a job but it should be funded on its own, not at the expense of something that has been successful. SUPERVISOR RUSSELL: It needs its own committed source, a unique source of funding, I agree. But right now, this is the law that was offered. I think the benefits outweigh the cons in terms of the legislation which is why I am going to offer it up on the ballot for the fall. And what you mentioned before about the CPF being permanent, this will take it out to 2050 I think, right? MR. DUNN: It's permanent for me. Southold Town Board Regular Meeting August 9, 2016 page 50 SUPERVISOR RUSSELL: I am 52, so it's pretty much permanent for me. MR. DUNN: Thank you. SUPERVISOR RUSSELL: Okay. Bob DeLuca,President Group for the East End BOB DELUCA: Good evening, Supervisor Russell, members of the Town Board. My name is Bob DeLuca, I live in East Marion and I am here speaking as President of Group for the East End. I am here to lend our support to the proposed amendments to Chapter 17, and we very much would like to see this proposal put before the electorate in Southold, with the hope of extending the fund to 2050. Two things, one first of all, you and prior Boards are all owed a great debt of gratitude for working with this program to make it so successful and through it all maybe more than all of those Boards, the work that Melissa has done and I have known Melissa for a long time, is really phenomenal. It is not easy work to do, the closing of one acre piece of property is the same as a 50 acre piece of property and she has done it with great eloquence and professionalism and I think that's why you have had much of the success you have had. With to respect to where are now a couple of things related to the gentleman's questions which I think are good ones, we have before us now a piece of legislation passed in the state legislature which we don't have an awful lot of choices in how we deal with it. We kind of have to deal with it this way. I think everyone would agree we need money for water quality and we certainly need, as Melissa pointed out, money for additional land protection. We don't have an option right now and I have yet to see in the past five to seven years as the water quality issue has taken on much bigger life as far as an issue, other sources of revenue that are really coming forward that we think we have a chance of getting moving on this. I would say one of the plusses is your Community Preservation Fund for land as leveraged against other available money and it has probably doubled its value in what's come back to the town. I would like to think that with respect to water quality, certainly the work that we are doing and other organizations, we are not stopping here so we are trying to push the county and the state to create funding mechanisms that will help you leverage the monies that come out of this program but the one thing we feel we can't do is to continue to wait for something else to happen and so we have this before us, we .would like to see it go forward and we are going to work to try to help folks get to the ballot and approve it. we also just want to say that the development for the plan as to how to use the water quality is at least as important as the money that you have coming in and we certainly are available to help with that. just two very brief comments on a technical side, you know, one is obviously you are going to want to align that plan with the work coming out of the comprehensive planning work and that is a good way to make sure that the document regarding water quality funds is consistent with the time and energy you put in the comprehensive planning. The other one and this is a minor thing but it came up in the East Hampton hearing last week, in the definition section which is 17.43, the legislation speaks to say projects which have as their primary purpose to permit or accommodate new growth shall not be included in the definition and there was this tension about as their primary purpose, that language possibly leading people to say what development project ever came in and said its primary purpose was to come in and develop the town to death? They usually come in something else. So that issue Southold Town Board Regular Meeting August 9, 2016 page 51 came up a couple of times in East Hampton, I think it is being kicked around, you might want to look at something as simple as saying projects which permit or accommodate new growth shall not be permitted and leave it at that. The town is not going to have tons of money here to help every developer put in a sewage treatment plant anyway and you may as well focus the energy and attention on trying to fix the systems that we want to fix that are in the ground already and I just offer that for your consideration. Because I know it is being looked at in other towns and for organizations like ours that work in all five towns, the closer that these laws all line up together, the easier it is for us. So that's all really all I have to offer. Again, my great thanks for the work that has been done, my hope that you will be able to pass these amendments and our commitment to help advance this proposal should it go to the ballot in November. Thanks. SUPERVISOR RUSSELL: Thanks Bob. Yes,please. John Kendall JOHN KENDALL: Good afternoon. My name is John Kendall. I reside at 150 Goose Creek Lane Extension and the situation is that Suffolk County is selling our Lane. We have 10 households on the lane exclusive of the prospective purchaser. The prospective purchaser is a private party and we haven't had too much communication with this person and we are very concerned because we have nice homes on this lane.... SUPERVISOR RUSSELL: I hate to interrupt, Mr. Kendall, can you give us one second to close this public hearing that we were in? No, stay right there and then we will let you finish your comment, unless anyone else wants to comment on this public hearing? I am sorry, but we are still in a public hearing. Mr. Kendall,just give us a minute. Kevin MacDonald Nature Conservancy KEVIN MCDONALD: I will be brief. Kevin McDonald with the Nature Conservancy. We, like the former speaker at this podium Bob DeLuca, support the extension of the Community Preservation Fund to 2050 and the option of creating a new category or eligible funding for a whole host of water quality improvement projects. I would ask you to think about the first major bond issue that your predecessors ever acted on, to buy either farmland development rights or parks in your town and somebody said it's just such a small beginning and what you realize is that over 20, 30, 40, 50 year period, you have a continuum of effort that's responsible for all those green spots that's on that map. And we are on the same starting point with water quality improvement projects and I would ask you to consider the beginning of your water quality improvement project investment strategy, whatever that is, upgrading onsite waste disposal systems and things like that, based on new technology that's ready today, soon to be approved by the county and will actually be better just a year from now because of other developments that are underway. You will be developing the infrastructure within your town as to who the installers of those units are, you will have practical experience with seeing how they are installed and how they work and that will be the basis upon which other revenue sources can be brought to bear jointly with the town and the other towns across the east end to address this issue better than it does. But this is what the beginning of anything looks like and sometimes it's daunting and sometimes it feels you are slightly undercapitalized for it, that's okay. So the thing I particularly draw your attention to in your local law, I appreciate the science or the technical advisory Southold Town Board Regular Meeting August 9, 2016 page 52 committee you are creating, this is work that is going on in other parts of the country, it's going on all along the Chesapeake Bay, southern Florida. Even Hawaii is dealing with the exact same problem, the effects of too much nitrogen from onsite waste disposal systems in their estuaries, bays and harbors that surround their region. This is a global problem, it's a national problem and at a local level, this is the beginning of what addressing that looks like. So I understand you have other things going on today, I thank you for the opportunity to speak and urge to move this to a vote and a ballot for the public in November. Thank you. SUPERVISOR RUSSELL: Thank you. I am sorry, I still have to take public comments responsive to the public hearing. MR. KENDALL: Okay, well, let me sit and let me know when I can speak. SUPERVISOR RUSSELL: Sure I will. Holly Sanford,Peconic Land Trust HOLLY SANFORD: Good afternoon, Holly Sanford from the Peconic Land Trust. I just want to thank you for the opportunity to speak in favor of extending the Community Preservation Fund. Since its inception in 1998, the Community Preservation Fund has provided our community with the critical funding to preserve over 10,000 acres of working farms, natural land and historic resources. The Peconic Land Trust supports the proposal to place on the ballot this November the extension of the Community Preservation Fund until 2050, including water quality initiatives as described in a plan developed and approved by the Town Board. The extension and modification of the CPF will provide our towns with the capital necessary to not only protect the land that defines our community but also to invest in measures and technology to restore and protect our water quality. The CPF extension is a positive declaration for the voters to make this November to continue the ground breaking conservation and preservation work that has been done in Suffolk County. It also allows nonprofit organizations like the Peconic Land Trust to leverage the funds we raise to conserve more land for the public benefit. Public programs like the CPF make the east end of Long Island the envy of communities across the country. Providing critical financial resources to protect our lands. Funding from the CPF can help insure a future with locally farmed foods, pristine woodlands, fresh drinking water, beautiful beaches, miles of coastline and walking trails, natural habitats that protects endangered species and historic resources. The extension and inclusion of a water quality initiative, initiative that would provide our local farmers with the support they need to be best possible stewards of our land and water resources will benefit our local economy and families for generations to come. Thank you for your consideration and leadership in preservation and conservation. Thank you. Supervisor Russell SUPERVISOR RUSSELL: Thank you. Would anyone else like to address the Board on this particular public hearing? (No response) Southold Town Board Regular Meeting August 9, 2016 page 53 Closing Comments Supervisor Russell SUPERVISOR RUSSELL: That completes the business of the agenda. Mr. Kendall, I am going to let you go. John Kendall, Goose Creek Lane Ext.,Southold JOHN KENDALL: Okay, thank you. Just let me repeat myself. My name is John Kendall, I live at 150 Goose Creek Lane in Southold and there is a situation that disturbs the 10 homeowners, the 10 households involved, that resides on the lane and it that a single person that lives on the lane is desirous of purchasing the property. Purchasing the road, rather and so, we are all concerned. We haven't had too much communication with this person, so we don't know the extent of the person's plans for the road. We understand that we have free access to our properties. We feel that if one person owns the road, the value of our properties will be diminished, even though we have access. And we feel that this is a thing that shouldn't transpire. The auction is supposed to take place on the 23rd of August and we are hard pressed to find a solution. We have long maintained this road. It was owned by Suffolk County, for over 16 years we have maintained this road. Plowing in the winter, grading in the summer, doing whatever we have to do to keep the road passable. The prospective purchaser claims that he will not be responsible for maintenance and so it would be up to us to continue our maintenance. We are, if the road were able to be passed to us the homeowners as a group in some fashion or other, we would be very glad to insure the property and maintain it as it always has been. This particular road, this county road has not had a recent survey and the county does not really want to survey it, the county wants to divest itself of quite a few of these little lanes. There are many lanes in Southold and this is going to be a story which will be oft repeated as people find that their roads are being auctioned and they are being hard pressed to maintain the value of their property. Let's see what I have, yeah, so the fact that the county is selling a piece of property, auctioning off a piece of property that has not been surveyed recently, last done was many years ago. The prospective owner will probably get an additional piece of land with it and we are very concerned. We don't quite know what to do about this. We know the town doesn't want this property, we have already crossed that bridge and you know, it's, it's very trying. So I am just going on record as saying this to the Board and if somebody can do something about it or somebody has a solution, I would kind of like to hear it. So thank you so much for your time. SUPERVISOR RUSSELL: Would anyone else like to address the Board? Richard Buonaiuto, President PBA RICHARD BUONAIUTO: Good evening, Supervisor Russell and members of the Town Board. My name is Richard Buonaiuto and I am the president of the Southold Town Benevolent Association. I am also joined here by Steven Grattan, he is the vice-president of the Southold Town PBA, Kenneth Richert, he is the delegate. On July 7`h, I delivered a letter describing the ongoing problems with the departments radio system to all of the members of the Town Board and expressed my concern that the failures of the radio system needed to be addressed as quickly as feasible, as they have dragged on for several years and threaten the safety of both my members and the public. It was my intention to attend this meeting tonight to inquire as to what, Southold Town Board Regular Meeting August 9, 2016 page 54 if any, steps have been taken to rectify this critical problem and to ensure that the Board continues to focus its attention on this safety crisis. Unfortunately, I would like to relate to you an incident that occurred yesterday that highlights this critical problem. Yesterday, in this very room, one of our police officers and two court officers were involved in an. altercation with a defendant in a criminal matter. The two calls for assistance went unheeded as they were not received by headquarters. This is unacceptable and just one example of many transmissions that have failed over the past several years. I am sure that we all agree that this is a high priority matter. It has been reported that the town has hired Dennis Kentner to conduct a plan to identify deficiencies in the system. I would appreciate if you could advise me today whether the town has retained a consultant and if not, what actions has the Board taken since we have last spoken? SUPERVISOR RUSSELL: Bill, the status of the contract is that we have sent him the contract and are waiting for him to sign it and send it back? TOWN ATTORNEY DUFFY: Correct. SUPERVISOR RUSSELL: That's what, I got the update today, and I am going to call him personally tomorrow and make sure he does that. There had been some issue for a while trying to get the right contract from him. MR. BUONAIUTO: Okay but......... SUPERVISOR RUSSELL: I just want to step back and say, Southold Town Board did not decide to hire a consultant, we decided to support the Chief's request for a consultant. Every year, this issue comes up and every year this Board says the same thing, tell us what you need. We already have funding mechanisms in place. We are ready to go. I met with Lieutenant Ginas almost a year ago to say, get together with Jim and let us know what you guys need to do. So the support is there. MR. BUONAIUTO: Okay, the support is there so there is no holdup on the town's side? We are moving forward with the consultant? SUPERVISOR RUSSELL: Yes, as soon as he gets me the signed contract. They have already authorized me to sign it. we are waiting for him to sign it and send it back. MR. BUONAIUTO: Alright. SUPERVISOR RUSSELL: I understand the frustration, I really do. MR: BUONAIUTO: We appreciate your time that you have given us tonight and look forward to speaking at next month's meeting. SUPERVISOR RUSSELL: What I would recommend because I know we have met several times on this, what we should do is, I will, myself and the chief, we will get together to give you a weekly update as to the progress and where we are at. Southold Town Board Regular Meeting August 9, 2016 page 55 MR. BUONAIUTO: That would be fantastic. SUPERVISOR RUSSELL: And I can discuss funding with you at any time because we have already put money in place with what we call,a tax anticipation note, so we are not worried about money. We can execute that at any time. MR. BUONAIUTO: Thank you. SUPERVISOR RUSSELL: Okay, sure. And we will touch base every Thursday or Friday. I will text you later. Okay? Yes, please. Paul Geiger, Goose Creek Lane, Southold PAUL GEIGER: My name is Paul Geiger, I live at 665 Goose Creek Lane. I just have a couple of items to add on to what John has already given to the Board. I think the issue here is transparency with respect to this individual that wants to purchase the property, our lane. On May 7 I believe it was, there was a meeting held in riverhead and you attended, Supervisor Russell, Al Krupski, Jason (inaudible) and there were a couple of homeowners that attended the meeting. You kind of made a statement that you were going to reach out to this homeowner and try to get him to get together with the rest of the homeowners so that all of our concerns could be addressed and so far, we have gotten no feedback from anybody. SUPERVISOR RUSSELL: Actually, what I said was that I would recommend one of your representatives, in fact, the lady who called me who told me she would be reaching out to the prospective buyer and that this was a situation that really needs to be resolved between him and the rest of you. What we currently have is, Suffolk County is looking to sell a piece of property, it is a private real estate transaction. Southold Town has no role in this, nor should it have a role. MR. GEIGER: I understand that completely but it does affect 10 families that live in Southold, 10 taxpaying families that live in the Town of Southold and we have gotten no satisfaction from the county,that's why we are here today. SUPERVISOR RUSSELL: I understand that. MR. GEIGER: Because we are reaching out to the Board and trying to get someone to intercede on our behalf. I mean, you know, it is really unfair that this is being handled this way. And we would just like to go on record that we believe it is unjust, we believe it is unfair and we are just totally frustrated with the whole situation. SUPERVISOR RUSSELL: I understand. I understand. Mr. Kendall? John Kendall MR. KENDALL: Thank you. I just want to repeat that there are many lanes, there must be 75 lanes in Mattituck, Cutchogue and Southold. The county would like to divest themselves of these roads. The homeowners that live in those roads, there are many homeowners that live on these lanes, as you pass the roads, you look down, you see a row of homes on each side. A lot of Southold Town Board Regular Meeting August 9, 2016 page 56 people. So this scenario that we are going through now, this troublesome spot that we are going through now, is going to be repeated time and time again if the county auctions off many of these roads and since we are the front of this thing we may not have a solution for ourselves but somewhere down the road, Southold Town is going to have to address this and administer to the unfair practice of the county in this respect, selling these roads to private individuals. We all pay taxes, we pay good taxes and we love it out here but you know, we like to have our property values kept up and we like to rest easy not having a concern about what will transpire. When somebody makes a decision to widen or do this or do that..... COUNCILWOMAN DOHERTY: Mr. Kendall, can I ask you a question? Is your homeowners association organized enough to participate in the auction? MR. KENDALL: Inaudible. COUNCILWOMAN DOHERTY: Oh, okay. COUNCILMAN DINIZIO: Can I ask a question? I don't know who can answer it but what is your concern about someone purchasing that? I mean, you still have a right of way over it, I am assuming? MR. KENDALL: Inaudible comments from audience. COUNCILMAN DINIZIO: Is it a paved road? MR. KENDALL: No. COUNCILMAN DINIZIO: I have it up here on my google. MR. KENDALL: Inaudible. COUNCILMAN DINIZIO: It looks like there's maybe six or seven houses. MR. KENDALL: Inaudible. COUNCILMAN DINIZIO: So how did you gain access over that road in the first place? MR. KENDALL: Inaudible. COUNCILMAN DINIZIO: Okay, so each deed, was it a subdivision or was that before zoning? I am just trying to get a grasp.... SUPERVISOR RUSSELL: I think it was based on a filed map, I am trying to remember the history there because it varies a little bit, all those parcels weren't created at the same time. Some of the properties have deeded easements that take them right to their property, some have Southold Town Board Regular Meeting August 9, 2016 page 57 deeded easements that includes the entirety all the way down to the creek there. So they are all not necessarily crafted the same way. COUNCILMAN DINIZIO: So you don't maintain, do any of you maintain that road? MR. KENDALL: Inaudible. COUNCILMAN DINIZIO: But if someone, I just need this information for me. If someone private purchases that road, you can no longer maintain that road, is that correct? MR. KENDALL: Inaudible. COUNCILMAN DINIZIO: Well, how can you go on someone else's property to maintain it? SUPERVISOR RUSSELL: He would only be buying the underlying fee. The fee ownership of what's left after the easements are prescribed. Who has the obligations to maintain it or not maintain it, that's an issue for private parties to work out but 1 can assure you, everybody that lives along there has to comply with 288 which is New York State public highway code. They all have to maintain it,you know that better than me. COUNCILMAN DINIZIO: Yes, that could be a huge problem. SUPERVISOR RUSSELL: Right. COUNCILMAN DINIZIO: I don't know what we can do. SUPERVISOR RUSSELL: Yes? MR. KENDALL: Subsequent to finding out about this, I had my property surveyed and the surveyor and the county official who came down the road to look things over, found out or said at that time, that my property comes over and closes off the head of the road. So that officially the head of the road belongs to me, the entry. My surveyor was by today and he will confirm this at a later date. This is, I will tell you something that a county official mentioned but it will be corroborated at a later date, that the county in effect, if they did sell the road, they would be selling the road without access or they would be selling property that was not theirs. Originally, I believe, the entry was on a parallel road that came over like that. I am not sure about that but my surveyor is going to enlighten me. I am just saying the county may be selling something which is not totally theirs. Thank you. SUPERVISOR RUSSELL: Jim? Jim Underwood,Laurel JIM UNDERWOOD: Jim Underwood, Laurel. In lieu of the FAA decision on helicopters a couple of weeks ago, there was an article in the Suffolk Times saying that the town was Southold Town Board Regular Meeting August 9, 2016 page 58 considering some type of action. Can you give me an update on what, if anything, is being done? SUPERVISOR RUSSELL: One of the problems with pending litigation, is that we don't have the luxury of discussing publicly what strategies might be which I am sure you can understand. But we did have a meeting with the gentleman who serves as counsel to the Town Board and the helicopter committee, my understanding if I read my emails right, is you just volunteered to become a member of our Helicopter Advisory Committee. Whether you know so or not, congratulations. But what we will do is we will talk to him in the near future about giving the committee an update about what the plan, the strategy or what the thinking is moving forward. MR. UNDERWOOD: Okay. It's just been horrible. SUPERVISOR RUSSELL: I know. MR. UNDERWOOD: The new routes go directly over my home, you know, in years passed we would hear people complain about it and it would be, come on. The occasionally seaplane. But its been extreme. COUNCILMAN GHOSIO: The committee did meet last week and we did discuss.... MR. UNDERWOOD: I know, unfortunately I was unable to attend. COUNCILMAN GHOSIO: And it was an animated meeting, to say the least. MR. UNDERWOOD: I am sure. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on any issue? Councilman James Dinizio, Jr. COUNCILMAN DINIZIO: I just want to point to that map over there and this is more to the affordable housing than it is to anything else. We heard Melissa say that upwards of about 10,000 acres have been preserved plus or minus, the green on that map represents everything that the Town owns that cannot be developed. The orange represents everything that we would like to preserve. So none of that, what you see there, that entire colored map except for what is white would be the subject in my opinion, of any rezoning or overlay zone that might increase density, okay. So as you can see for the past, nearly 30 years, we have preserved a good part of our town. In doing so, we have taken away density, okay, that all of that acreage represents homes that could have been built that I was in there, at the beginning of all of this, I was in there, believe me. I was a part opposed to that, I was opposed to the result of that. I didn't see that. I am 100 percent for it right now because I see what it has done for us but as far as affordable housing goes, we are in dire need of it. Most of our homes, if you look in the paper, you used to be able to see 20, 15 houses for sale. You see that no longer. All of the derelict houses have been purchased. They have all been redone. Some of them for short term houses, some are summer homes but not very many of them are for our firemen or policemen, as you have seen these Southold Town Board Regular Meeting August 9, 2016 page 59 people here. Some of them would qualify for the rentals, some of them would qualify for affordable homes. There's a criteria that has to be met that can't be exceeded. And some of our professionals, the people that we hire here, would qualify for that. We have to think about that. it's, we are in dire need for having places for our people to go, our firemen, our policemen, our deliverymen, our plumbers, our electricians. They all need a place to live. If not, we can't bring - , them in from Islip, we can't bring them in from Babylon. They are not going to come this way, okay? So I just ask that you know, when you are considering density, consider that map. Consider what we have taken away from our children and our children's children. I don't begrudge it one bit. I love the way it turned out and I would love to see all-that green, all that orange turn to green. But consider that we need someplace to put our people. You know, our farmers are in dire need of help, you know, the laws are changing for farms that they are going to need more professionals, more plumbers, more people that need to know how to build greenhouses, maintain greenhouses, and maintain businesses that are large, they all need places to live, so I just hope that you will consider that in light of the testimony we heard.- Thank you. Supervisor Russell SUPERVISOR RUSSELL: Would anyone else like to address the Town Board? (No response) Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 6:08 P.M. JrF eth A.Neville ld Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell