The URL can be used to link to this page

Home My WebLink AboutTB-08/23/2016 ELIZABETH A.NEVILLE �S11FFplk Town Hall,53095 Main Road TOWN CLERK PO Box 1179 o Southold,NY 11971 REGISTRAR OF VITAL STATISTICS o Fax(631)765-6145 MARRIAGE OFFICER y�o! �ao� Telephone: (631)765 - 1800 RECORDS MANAGEMENT OFFICER southoIdtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING August 23, 2016 7:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, August 23, 2016 at the Meeting Hall, Southold,NY. Call to Order 7:30 PM Meeting called to order on August 23, 2016 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Organization Title Status Arrived James Dinizio Jr Town of Southold Councilman Present William P. Ruland Town of Southold Councilman Absent Jill Doherty Town of Southold Councilwoman Present Robert Ghosio Town of Southold Councilman Present Louisa P. Evans Town of Southold Justice Present Scott A. Russell Town of Southold Supervisor Present Elizabeth A.Neville Town of Southold Town Clerk Present William M Duffy Town of Southold Town Attorney Present Councilman William P. Ruland was present during the entire work session, but not the Regular Meeting at 7:30PM I. Reports 1. Planning Board Monthly Report 2. Trustees Monthly Report 3. NFAWL Quarterly Performance Report 4. Recreation Department Monthly Report 5. Program for the Disabled Monthly Report 6. Town Clerk Reports Southold Town Board Meeting August 23, 2016 page 2 7. Department of Public Works Monthly Report II. Public Notices III. Communications IV. Discussion 1. 9:00 Am -Denis Noncarrow 2. 9:15 Am - Chief Flatley 3. Councilman Ghosio 4. Historical Landmark Designation 5. Chapter 83 of the Town Code 6. Motion To: Motion to Enter Executive RESOLVED that the Town Board of the Town of Southold hereby Enter into Executive Session at 10:28 AM for the purpose of discussing the following matters: Proposed Property Acquisition/S, Publicity of Which Would Substantially Affect the Value Thereof 10:30 AM Melissa Spiro Labor-Matters Involving Employment of Particular Person/s 10:45 AM Chief Flatley and Comptroller John Cushman Litigation -TOS v. Vineyard 48 RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell 7. EXECUTIVE SESSION - Proposed Property Acquisition/S, Publicity of Which Would Substantially Affect the Value Thereof 8. EXECUTIVE SESSION -Labor- Matters Involving Employment of Particular Person/s 9. EXECUTIVE SESSION -Litigation 10. Motion To: Motion to Exit Executive RESOLVED that the Town Board of the Town of Southold hereby Exit/Recess from this Executive Session at 1:59PM. Southold Town Board Meeting August 23, 2016 page 3 RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER:Louisa P. Evans, Justice AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Pledge to the Flag _Opening Statements Supervisor Scott A. Russell SUPERVISOR RUSSELL: Please rise and join in the Pledge of Allegiance to the Flag. Thank you. Okay, I am going to provide the opportunity for anyone that would like to address the Town Board on any of the agenda items, I know some of you might be here for the purchase of property, we will have a separate public hearing on that but on any of the other items, please feel free? (No response) V. Resolutions 2016-767 CATEGORY.• Audit DEPARTMENT. Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated August 23, 2016. ✓Vote Record-Resolution RES-2016-767 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dtntzio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter ❑ ❑ ❑ 0 ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-768 CATEGORY. Set Meeting DEPARTMENT: Town Clerk Southold Town Board Meeting August 23, 2016 page 4 Next Town Board Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, September 6, 2016 at the Southold Town Hall, Southold, New York at 4:30 P.M. ✓Vote Record-Resolution RES-2016-768 0 Adopted ❑ Adopted as Amended ❑ Defeated - - - ❑ Tabled -- Yes/Aye No/Nay Abstain Absent ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter ❑ ❑ ❑ 0 ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-765 Tabled 81912016 4:30 PM CATEGORY. Enact Local Law DEPARTMENT: Town Clerk LL Regarding Affordable Housing WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk 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: Southold Town Board Meeting August 23, 2016 page 5 I. Purpose. The purpose of these Amendments is to allow more flexibility in the design of Affordable Housing Districts in order to expand the opportunities for the creation of moderate income housing within the Town. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-25. Definitions. PERMANENT FIXED IMPROVEMENT An improvement to a lot or a moderate-income family dwelling unit which cannot be removed and which provides value to the property above and beyond repairs done to maintain the property in good condition. A permanent-fixed improvement must be approved in advance of construction or installation in writing by the Government Liaison Officer Special Projeets r,,,,, ef. 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 Southold Town Board Meeting August 23, 2016 page 6 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 l " i,,, for small + i n�a X099 development. (square f etadwelling, ,,;+ loss+t1a 850 square feet up to 509 ft total number- of units in the development) MIFDU Tenant Occupied Dwelling units 3,300 less than 850 sq, feet B. Notwithstanding the bulk schedule set forth in subsection (A) of this section, there shall be no more than 24 dwelling units on any one site. C. B Authority to amend requirements and specifications. (1) The Planning Board shall have the authority to reduce or amend yard setback requirements, lot dimension requirements, parking requirements, and highway specifications. In making this decision, the Planning Board shall take into consideration the benefit to the applicant, as weighed against the detriment to the health, safety and welfare of the neighborhood or community. In making such determination, the Planning Board shall also consider: (a) Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the amendments; (b) Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than the sought variance; (c) Whether the variance is substantial; (d) Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and (e) Whether the alleged difficulty was self-created, which shall be relevant to the decision but shall not necessarily preclude the proposed amendment or variance. (2) This provision supersedes and amends New York State Town Law §§ 267, 267-a, 267-b Southold Town Board Meeting August 23, 2016 page 7 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 0 Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dimzio Jr Mover D ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter ❑ ❑ ❑ 0 ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost Comments regarding resolution 765 SUPERVISOR RUSSELL: Did we get a motion to amend government liaison officer or Town Board designee? TOWN ATTORNEY DUFFY: There was a scrutineers error,just so it's clear. SUPERVISOR RUSSELL: Okay. TOWN ATTORNEY DUFFY: At the end of government liaison/officer it should read or other employee as designated by the Town Board. SUPERVISOR RUSSELL: Okay. Perfect. TOWN ATTORNEY DUFFY: It is my advice that it is a non-material change. SUPERVISOR RUSSELL: Okay. Southold Town Board Meeting August 23, 2016 page 8 2016-763 Tabled 8/912 016 4:30 PM CATEGORY: Enact Local Law DEA4RTiVENT: 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 proects" reads as follows: LOCAL LAW NO. 8 OF 2016 A LOCAL LAW to consider amending Southold Town Code Chapter 17 (Community Preservation Fund) to (i) extend the effective date of the Community Preservation Fund Real Estate Transfer Tax, imposed pursuant to Article 31-D of the State Tax Law, until December 31, 2050, and (ii) authorize the use of a portion of the Community Preservation Fund, not to exceed 20%, for water quality improvement projects. BE IT ENACTED by the Town Board of the Town of Southold as follows: SECTION 1. Amendment. The Southold Town Code is hereby amended by adding the underlined words as follows: ARTICLE V Water Quality Improvement §17-41. Purpose. A. The purpose of this Article shall be to implement the authoritdelegated by the State to the Town of Southold pursuant to Chapter 551 of the Laws of 2015. B. Specifically, this Article shall permit the Town to use up to 20% of the Community Southold Town Board Meeting August 23, 2016 page 9 Preservation Fund's annual revenues to undertake water quality improvement projects, as defined herein, in order to preserve community character by improving water quality. The Town shall use the prior calendar's year revenue to determine the maximum amount available for water quality improvement project allocations pursuant to the state-mandated limit of up to 20%. C. Projects eligible for funding shall include: (1) wastewater treatment improvement projects, (2) non-point source abatement and control program projects developed pursuant to section I I-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 improvement projects in accordance with a plan to preserve community character, pursuant to Article III of this Chapter. A maximum of twenty (20)percent of the Fund's annual revenues may be utilized for the implementation of water quality improvement projects, provided that where such water quality improvement funds are utilized for the operation of the Peconic Bay National Estuary Program, the use of such funds shall only be utilized to match federal, state, county, or other public or private funds on a dollar for dollar basis, not to exceed ten (10) percent of the annual amount appropriated for water quality improvement projects. §17-43. Definitions. As used in this article, the following words and terms shall have the following meanings: AQUATIC HABITAT RESTORATION PROJECT - planning design, construction, management, maintenance, monitoring, reconstruction, revitalization, or rejuvenation activities intended to improve waters of the state of ecological significance or any part thereof, including, but not limited to, ponds,bogs, wetlands, bays, sounds, streams, rivers, or lakes and shorelines thereof, to support a spawning, nursery, wintering, migratory, nesting, breeding, feeding, or foraging environment for fish and wildlife and other biota. POLLUTION PREVENTION PROJECT -planning, design, construction, improvement, maintenance or acquisition of facilities, production processes, equipment or buildings owned or i Southold Town Board Meeting August 23, 2016 page 10 operated by municipalities for the reduction, avoidance, or elimination of the use of toxic or i hazardous substances, or the generation of such substances or pollutants so as to reduce risks to f public health or the environment, including changesproduction processes or raw materials. Such projects shall not include incineration, transfer from one medium of release or discharge to another medium, off-site or out-of-production recycling, end-of-pipe treatment, or pollution control. REGIONAL WATER QUALITY IMPROVEMENT PLAN - a water quality improvement plan adopted pursuant to state or federal law, which has as its purpose the improvement of water quality in all or part of the Peconic Bay region, including, but not limited to, (i) the comprehensive conservation and management plan (CCMP) for the Peconic Estuarygram pursuant to the National Estuarygram (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 Estuarygram, pursuant to the National Estua �Pro ram P.L. 100-4) under the Clean Water Act (P.L. 92-500), iii)the South Shore Estuary Reserve Comprehensive Management Plan, pursuant to 46 of the Executive Law, and (iv)the Long Island Nitrogen Management and Mitigation Plan, pursuant to Chapter 53 of the Laws of 2015, including any amendments or updates to such plans. STORMWATER COLLECTING SYSTEM- systems of conduits and all other construction, devices, and appliances appurtenant thereto, designed and used to collect and carry stormwater and surface water, street wash, and other wash and drainage waters to a point source for discharge. VESSEL PUMPOUT STATION -the planning design, acquisition, or construction activities in furtherance of a permanent or portable device capable of removing human sewage from a marine holding tank. WATER QUALITY IMPROVEMENT PROJECT- (i) wastewater treatment improvement projects, (ii)non-point source abatement and control program projects developed pursuant to section 11-b of the Soil and Water Conservation Districts Law, section 1455b of the Federal Coastal Zone Management Act, or Article 42 of the Executive Law, (iii) aquatic habitat restoration projects, (iv) pollution prevention projects, and (v)the operation of the Peconic Bay National Estuary Program, as designated by the United State Environmental Protection Agency. Such projects shall have as their purpose the improvement of existingwater ater 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 Southold Town Board Meeting August 23, 2016 page'11 the definition of a wastewater treatment improvement project. Stormwater collecting systems and vessel pumpout stations shall also be included within the definition of a wastewater improvement project. §17-44. Community Preservation Fund Project Plan. A. Preservation of community character shall include the protection and improvement of the quality of all water resources. B. Before any revenues from the Community Preservation Fund may be spent on water quality improvement projects as defined in this Article, all such projects shall first be approved by the Town Board as part of the Community Preservation Fund Project Plan adopted pursuant to §64-e of Town Law and Article Il 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 existingwater ater quality, and the estimated maximum cost of such project. E. The proposed water quality improvement project shall be for the planning, design or implementation of a capital project with a probable useful life of at least five (5) years pursuant to the state local finance law. F. The proposed water quality improvement project shall be consistent with one or more regional water quality improvement plans. G. Such projects shall advance measurable water quality improvement for the Peconic Bay region. H. Such projects shall comply with specific existing or proposed state or regional water quality standards or targets. 1. 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 Southold Town Board Meeting August 23, 2016 page 12 §17-45. Certification. A. No monies from the Community Preservation Fund shall be expended for a water quality improvement project by the Town unless such project has first been certified by the Town Board, by resolution, pursuant to this Article. B. In making such certification, the Town Board shall find as follows: 1. The proposed water quality improvement project is for the planning, design or implementation of a capital project with a probable useful life of at least five (5) years, to the state local finance law; 2. The proposed water quality improvement project is consistent with one or more regional water quality improvement plans; 3. Such project advances measurable water quality'improvement for the Peconic Bay Region; 4. Such project complies with specific existing or proposed state or regional water qualily standards or targets; 5. In the case of aquatic habitat restoration projects, the project will promote aquatic habitat restoration; and 6. In the case of pollution prevention projects,the projects will reduce avoid and/or eliminate the use of toxic or hazardous substances, or the generation of such substances. C. The Town Board shall not certify projects which accommodate new or additional growth. §17-46. Water Quality Advisory Committee. A. A Water Quality Advisory Committee shall be established pursuant to Town Board resolution to review and make recommendations on proposed water quality improvement projects using monies from the Fund. B. Such Committee shall consist of(five or seven) members who shall be residents of the Town and who shall serve without compensation. No member of the Town Board shall serve on said Committee, nor shall any member have a direct interest in any project for which funding is sought. C. The members shall include individuals with demonstrated expertise in water quality issues, estuarine science, civil engineering, shellfish restoration or similar relevant credentials. D. The responsibilities of such Committee may include but not be limited to assisting in the development of the project plan, drafting requests for proposals to implement water quality improvement projects, reviewing and prioritizing proposed projects and offering such further advice and recommendations as the Town Board may specify and deem necessary_ Southold Town Board Meeting August 23, 2016 page 13 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 ar-ch 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-artiele 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 31,2-0-9 2050. SECTION 3. Mandatory Referendum. This local law is subject to a mandatory referendum pursuant to §23(1) of Municipal Home Rule Law, as provided for by Chapter 551 of the Laws of 2015. SECTION 4. Ballot Proposition. Pursuant to Chapter 551 of the Laws of 2015, and §23(1) of Municipal Home Rule Law, the following proposition shall be placed before the electors of the Town of Southold at the general election to be held on Tuesday,November 8, 2016: "Shall a Local Law entitled, `A LOCAL LAW amending Southold Town Code Chapter 17 (Community Preservation Fund) to (i) extend the effective date of the Community Preservation Fund Real Estate Transfer Tax until December 31,2050, and (ii) authorize the use of a portion of the Community Preservation Fund, not to exceed 20%, for water quality improvement projects,' BE APPROVED?" SECTION 5. Authority. The proposed local law is enacted pursuant to Municipal Home Rule Law §§10(1)(ii)(a)(11) and (12), §10(1)(ii)(d)(3), and Chapter 551 of the Laws of 2015, amending Town Law §64- e. SECTION 6. Severability. If any section or subsection,paragraph, clause,phrase, or provision(s) of this law shall be judged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional. SECTION 7. Effective Date. Southold Town Board Meeting August 23, 2016 page 14 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 0 Adopted ❑ Adopted as Amended ❑ Defeated - Yes/Aye No/Nay Abstain Absent ❑ Tabled _ "_ ❑ Withdrawn James Duuzio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter ❑ ❑ ❑ 0 ❑ Tax Receiver's Appt Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost Comments regarding resolution 763 SUPERVISOR RUSSELL: Just to clarify, this is the new provision of the Community Preservation Fund that allows us to use up to 20 percent of the revenue. This simply authorizes the Town to do that, it does not commit the Town to spend 20 percent on water quality improvements. It simply says we can if the right project comes along. 2016-764 Tabled 8/9/2 016 4:30 PM CATEGORY.• Enact Local Law DEPARTMENT: Town Clerk LL Regarding CPF WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 12th 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: Southold Town Board Meeting August 23, 2016 page 15 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 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 Southold Town Board Meeting August 23, 2016 page 16 County Tax Map numbers for parcels included on the existing List of Eligible Parcels. The text of the plan adopted by the Town Board in 1998 (plan dated July 1998) shall remain as adopted in 1998, with an updated September 2008 Executive Summary and updated cover pages. The January 17, 2006, List of Eligible Parcels shall be replaced with the August/September 2008 List of Eligible Parcels. F. The Town Board of the Town of Southold hereby approves and adopts the July 2016 update to the Community Preservation Project Plan which is inclusive of the List of Eligible Parcels. In addition, the Community Preservation Project Plan incorporates additional goals of addressing and maintaining the preservation of waterways and water quality as authorized by Chapter 551 of the Laws of 2015. The July 2016 update shall supersede all previously adopted and amended plans. SECTION 2 Severability. If any section or subsection, paragraph, clause,phrase, or provision(s) of this law shall be judged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional. SECTION 3 Effective Date. This local law shall take effect upon filing with the Secretary of State. ✓Vote Record-Resolution RES-2016-764 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 Voter ❑ ❑ ❑ 0 ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-769 CATEGORY: Refund DEPARTMENT: Zoning Board of Appeals Zoning Board of Appeals Refunds RESOLVED that the Town Board of the Town of Southold hereby grants a partial refund to the Southold Town Board Meeting August 23, 2016 page 17 following applicant; the Zoning Board of Appeals has requested the refund per the Building Department, as a variance is no longer required. Studio A/B Architects $500.00 ZBA#6991 - Faerber 651 West Main Street Riverhead,NY 11901 ✓Vote Record-Resolution RES-2016-769 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain----Absent— ❑ Tabled ❑ Withdrawn James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Roland Voter ❑ ❑ ❑ 0 ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-770 CATEGORY. Refund DEPARTMENT. Zoning Board of Appeals Zoning Board of Appeals Refunds RESOLVED that the Town Board of the Town of Southold hereby grants a refund to the following applicant; as the Zoning Board of Appeals has been notified by the Building Department that a variance is no longer required. Thomas Magg $250.00 ZBA#6987 2025 Sigsbee Road Mattituck,NY 11952 ✓Vote Record-Resolution RES-2016-770 0 Adopted -- ---- - - - - - - ----- - - - ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated James Dmizio Jr Mover 0 ❑ ❑ ❑ ❑ Tabled William P Roland , Voter ❑ ❑ ❑ 0 ❑ Withdrawn ❑ Supervisor's Appt Jill Doherty Seconder 0 ❑ ❑ ❑ Robert Ghosio Voter 0 ❑ 11 ❑ ❑ Tax Receiver's Appt ❑ Rescinded Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action Southold Town Board Meeting August 23, 2016 page 18 ❑ Lost 2016-771 CATEGORY• Employment-Town DEPARTMENT. Accounting Acknowledges Retirement Carol A. Kalin WHEREAS,the Town of Southold has received email notification on August 17, 2016 from the NYS Retirement System concerning the retirement of Carol A. Kalin effective October 29, 2016 now therefore be it RESOLVED that the Town Board of the Town of Southold hereby acknowledges the intent to retire of Carol A. Kalin from the position of Secretarial Assistant for the Planning Department effective October 29, 2016. ✓Vote Record-Resolution RES-2016-771 0 Adopted ❑ Adopted as Amended ❑ Defeated ! Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 1J ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter ❑ ❑ ❑ 0 ❑ Tax Receiver's Appt Jill Doherty Mover El ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter RI ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter RI ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-772 CATEGORY. Attend Seminar DEPARTMENT: Engineering Michael Collins and James Richter to Attend NYS DEC Floodplain Management Training RESOLVED that the Town Board of the Town of Southold hereby grants permission to Michael Collins and James Richter to attend the NYS DEC Floodplain Management Training seminar in Brentwood,NY, on September 20, 2016. All expenses for registration, travel to be a legal charge to the 2016 budget (meetings and seminars). Southold Town Board Meeting August 23, 2016 page 19 ✓Vote Record-Resolution RES-2016-772 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled -- ❑ Withdrawn James Duuzio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter ❑ ❑ ❑ 0 ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-773 CATEGORY. Public Service DEPARTMENT. Town Clerk Appoint Jill Doherty Temporary Marriage Officer RESOLVED that the Town Board of the Town of Southold hereby appoints Jill Doherty as a Temporary Marriage Officer for the Town of Southold, on Friday, August 26, 2016 only, to serve at no compensation. ✓Vote Record-Resolution RES-2016-773 0 Adopted ❑ Adopted as Amended ❑ Defeated - Yes/Aye No/Nay Abstain Absent ❑ Tabled James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt William P.Ruland Voter ❑ ❑ ❑ 0 ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-775 C:4TEGORY.• Employment-Town DEPARTMENT Accounting Rescind Resolution No. 2016-669 Southold Town Board Meeting August 23, 2016 page 20 RESOLVED that the Town Board of the Town of Southold hereby rescinds Resolution No. 2016-669 approved at the July 12 Town Board meeting appointing the following summer seasonal employee for the 2016 summer season, July 13 through September 5. STILLWATER LIFEGUARD HOURLY SALARY Pawel Klibisz (1st year).. .............. ... ....... $12.17 ✓Vote Record-Resolution RES-2016-775 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Mover El ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter ❑ ❑ ❑ Q ❑ Tax Receiver's Appt Jill Doherty Voter Q ❑ ❑ ❑ ❑ Rescinded Robert Ghosto Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-776 CATEGORY. Employment-Town DEPARTMENT: Accounting Rescind Resolution No. 2016-543 RESOLVED that the Town Board of the Town of Southold hereby rescinds Resolution No. 2016-543 approved at the May 31 Town Board meeting appointing the following summer seasonal employee for the 2016 summer season, June 25 through September 5. 'STILLWATER LIFEGUARDS HOURLY SALARY Hannah Fitzgerald (3rd year)..... .............. $12.72 ......... ..... ✓Vote Record-Resolution RES-2016-776 Q Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent _. ❑ Defeated James Dimzio Jr Voter Q ❑ ❑ ❑ ❑ Tabled William P Ruland Voter ❑ ❑ ❑ Q ❑ Withdrawn fill Doherty Mover Q ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Seconder Q 11 ❑ ❑ Rescinded ❑ Town Clerk's Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ Supt Hgwys Appt 0 No Action Southold Town Board Meeting August 23, 2016 page 21 ❑ Lost 2016-777 CATEGOR Y.• Contracts,Lease&Agreements DEPARTMENT. Recreation Hire Fall Program Instructor/Modify Resolution Resolved that the Town Board of the Town of Southold authorize and direct Supervisor Scott A. Russell to execute an agreement with the following individual for the fall 2016 recreation programs, all in accordance with the approval of the town attorney. Funding for the instructors listed below has been budgeted for in the recreation department's 2016 instructor line A.7020.4.500.420. Huck Hirsch (Mah Jongg) $30/hour Resolved that the Town Board of the Town of Southold hereby modifies the May 31 resolution hiring summer instructors as follows: From: The Little Red Barn (Pony &Farm Animal Camp) $350/person To: The Little Red Barn (Pony & Farm Animal Camp) $390/person There was a typo regarding the salary for the summer camp. ✓Vote Record-Resolution RES-2016-777 RI Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn lames Dinizio Jr Voter R ❑ ❑ El ❑ Supervisor's Appt William P Ruland Voter ❑ ❑ ❑ IZI ❑ Tax Receiver's Appt Jill Doherty Voter El ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder Rl ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 21 ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-778 Southold Town Board Meeting August 23, 2016 page 22 CATEGORY. Legal DEPARTMENT. Town Clerk Waiver of 30 day Notice Period Liquor License for the Pequot Inn at Fishers Island, NY RESOLVED that the Town Board of the Town of Southold hereby amends resolution 2016-607 adopted at the June 14, 2016 regular Town Board meeting to read as follows: RESOLVED that the Town Board of the Town of Southold hereby waives the 30 Day notification period for the application of a transfer of a liquor license by The Pequot Bar and Restaurant LLC d/b/a the Pequot Inn, located at 246 Montauk u; Avenue, Fishers Island, New York 06390 ✓Vote Record-Resolution RES-2016-778 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 0 ❑ 0 0 ❑ Supervisor's Appt William P.Ruland Voter ❑ ❑ ❑ 0 ❑ Tax Receiver's Appt Jill Doherty Seconder 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 2016-779 CATEGORY. Advertise DEPARTMENT Town Clerk Part Time Clerk Typist RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for the position of Part-Time Clerk Typist for the Solid Waste District. ✓Vote Record-Resolution RES-2016-779 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended James Dmizio Jr Mover 0 ❑ ❑ ❑ ❑ Defeated William P Ruland Voter ❑ ❑ ❑ 0 ❑ Tabled ❑ Withdrawn Jill Doherty Voter 0 11 El _ ❑ Supervisor's Appt Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Rescinded Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Southold Town Board Meeting August 23, 2016 page 23 ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2016-780 CATEGORY.- Employment-Town DEPARTMENT: Accounting Accept the Resignation of Court Officer McDonald RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Edward J. McDonald from the position of Court Officer in the Justice Court, effective August 9, 2016. ✓Vote Record-Resolution RES-2016-780 10 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dimzio Jr Voter El ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter ❑ ❑ ❑ Ca ❑ Tax Receiver's Appt Jill Doherty Mover El ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter la ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 121 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-781 CATEGORY.• Affordable Housing DEPARTT1'EY%T.• Town Attorney 2016 Affordable Housing Prices RESOLVED that the Town Board of the Town of Southold hereby sets the maximum initial sales price and maximum allowable monthly rent for 2016 for affordable housinIZ units as follows: Home Purchase Price May Not Exceed Households earning 80% or less of the HUD $212,375* median income for Nassau/Suffolk Southold Town Board Meeting August 23, 2016 page 24 Households earning 100% or less of the HUD $265,500** median income for Nassau/Suffolk Households earning 120% or less of the HUD $318,625*** median income for Nassau/Suffolk * 2.5 times the 80%median income family of four -Nassau/Suffolk County ($84,950) **2.5 times the 100%median income family of four-Nassau/Suffolk County ($106,200) ***2.5 times the 120%median income family of four-Nassau/Suffolk County ($127,450) Monthly Rental Amounts May Not Exceed (utilities may or may not be included) Efficiency $ 953*** One Bedroom $ 1021*** Two Bedroom $ 1226*** Three Bedroom $ 1417*** Four Bedroom $ 1581*** *** represents Nassau/Suffolk Low Home Rent Limit RESOLVED that pursuant to Chapter 240-10-B(2)(c)[2][a] of the Town Code, the Town Board of the Town of Southold hereby sets $212,375 as the amount of payment required per housing unit for Moderate Income Family Dwelling Units not built within the Town of Southold's inclusionary zoning requirements. Said amount reflects two times the Nassau/Suffolk median income for a family of four in accordance with the Long Island Workforce Housing Act. ✓Vote Record-Resolution RES-2016-781 0 Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ El Supervisor's Appt William P Ruland Voter El ❑ 0 ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-782 CATEGORY. Budget Modification DEPART.WENT. Accounting Southold Town Board Meeting August 23, 2016 page 25 Modify Capital Budget for Dispatcher Room Project Financial Impact:Increase appropriation for Dispatcher Room Project RESOLVED that the Town Board of the Town of Southold hereby modifies the 2016 General Fund Whole Town Budget as follows: From: A.1990.4.100.200 Police Retirement Reserve $140,000 Appropriations A.9901.9.000.100 Transfer to Capital Fund $140,000 and be it further RESOLVED that the Town Board of the Town of Southold hereby increases the budget for the Dispatcher Room Proiect Capital Proiect in the 2016 Capital Fund: Revenues: H.5031.55 Interfund Transfers $140,000 Total $140,000 Appropriations: H.3020.2.200.700 Public Safety Communications Capital Outlay Dispatcher Room Project $140,000 Total $140,000 ✓Vote Record-Resolution RES-2016-782 0 Adopted ❑ Adopted as Amended ❑ Defeated -- Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ WithdrawnJames Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter ❑ ❑ ❑ 0 ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder, 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost Comments regarding resolution 782 SUPERVISOR RUSSELL: This is actually in addition to the $200,000 that's already allocated in the budget for the update in the dispatcher room, which I am sure you all have been reading about. We anticipate the project to cost about $240,000, this puts all the money in place so we are ready to go as soon as the project is (inaudible) and then we can implement it quickly. Southold Town Board Meeting August 23, 2016 page 26 2016-783 CATEGORY. Property Usage DEPARTMENT.• Town Clerk Fireworks Permit to Peconic Landiing RESOLVED that the Town Board of the Town of Southold hereby approves the issuance of a fireworks permit by the Town Clerk to Peconic Landing @ Southold, for a fireworks display on September 4, 2016 at 8:15PM (Rain Date: September 5, 2016 at 8:15 PM), on the Peconic Landing's property at 1500 Brecknock Road, Greenport,New York,upon the payment of a single fee of$100 and subject to the applicant's compliance with the requirements of the Town's policy regarding the issuance of fireworks permits. ✓Vote Record-Resolution RES-2016-783 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Roland 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 2016-784 CATEGORY.• Committee Appointment DEPARTMENT.• Town Clerk Board of Assessment Review Appointment RESOLVED that the Town Board of the Town of Southold hereby re-appoints Gerard H. Schultheis to the position of Chairman and Member of the Board of Assessment Review for the term to expire on September 30, 2021. ✓Vote Record-Resolution RES-2016-784 0 Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Tabled William P Roland Voter ❑ ❑ ❑ 0 ❑ Withdrawn .fill Doherty Mover D ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ 0 Rescinded Scott A Russell Voter 0 0 ❑ ❑ Southold Town Board Meeting August 23, 2016 page 27 ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2016-785 CATEGORY.• Contracts,Lease&Agreements DEPARTMENT. Fishers Island Ferry District FIFD-FEMA Grant RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute extension request in regards to the FEMA grant to repair the seawall at Elizabeth Airfield on Fishers Island (FEMA-PW-24057) ✓Vote Record-Resolution RES-2016-785 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ 11 ❑ Supervisor's Appt William P Ruland Voter ❑ ❑ ❑ 0 ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-786 CATEGORY. Grants DEPARTMENT. Town Attorney LI Community Foundation RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a grant application to the Long Island Community Foundation's All For The East End Building Stronger Neighborhoods Program for a grant for the Town of Southold's Public Relations Campaign on Affordable Housing. ✓Vote Record-Resolution RES-2016-786 0 Adopted Yes/Aye No/Nay Abstain Absent 0 Adopted as Amended .lames Dimzio Jr Voter 10 ❑ 0 0 Southold Town Board Meeting August 23, 2016 page 28 ❑ Defeated William P Ruland Voter ❑ ❑ ❑ Z ❑ Tabled Jill Doherty Voter ID ❑ ❑ ❑ ❑ Withdrawn Robert Ghosio Mover 10 ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P Evans Seconder IZI ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A Russell Voter lZ ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2016-787 CATEGORY. Litigation DEPARTMENT.• Town Attorney Retains James D. Harmon, Jr. to Serve as Special Counsel RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a retainer agreement with James D. Harmon, Jr., Esq. to serve as special counsel to the Town of Southold,pro bono, with regard to the impact of aircraft noise on the residents of Southold. -,'Vote Record-Resolution RES-2016-787 21 Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent _ ❑ Withdrawn James Dmizio Jr Mover El ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter ❑ ❑ ❑ p ❑ Tax Receiver's Appt Jill Doherty Voter CSI ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter Rl ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder 10 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Acton ❑ Lost 2016-788 CATEGORY. Misc.Public Hearing DEPARTMENT, Town Attorney PHAmendments to CDBG Southold Town Board Meeting August 23, 2016 page 29 RESOLVED that the Town Board of the Town of Southold hereby sets October 4,2016 at 4:31 PM, Southold Town Hall, 53095 Main Road, Southold, New York 11971, as the time and place for a Public Hearing on proposed amendments to the Community Development Block Grant Program Budgets for the 2013, 2014 and 2015 budgets and authorizes and directs Town Clerk Elizabeth Neville to publish an "Announcement of Public Hearing Notice" at which time all interested persons will be given an opportunity to be heard. ✓Vote Record-Resolution RES-2016-788 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 Voter ❑ ❑ ❑ 0 ❑ Tax Receiver's Appt Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-789 CATEGORY: Contracts,Lease&Agreements DEPARTMENT. Town Attorney Communications System Agreement with Motorola Solutions, Inc. RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a Communications System Agreement with Motorola Solutions, Inc., in an amount not to exceed $340,000.00 in connection with the replacement and upgrade of the Town of Southold Police Department Dispatch Room, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2016-789 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Tames Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter ❑ ❑ ❑ 0 ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action 0 Lost Southold Town Board Meeting August 23, 2016 page 30 2016-790 CATEGORY: Contracts,Lease&Agreements DEPARTMENT. Town Attorney Agreement for Fueling Town Vehicles WHEREAS, pursuant to General Municipal Law section 103 (4)the Town Board of the Town of Southold has determined that ensuring that Town emergency vehicles at all times have access to fuel is important to the life, health and safety of the residents of the Town of Southold, therefore, be it RESOLVED, that pursuant to N.Y. General Municipal Law section 103(4) the Town Board of the Town of Southold hereby authorizes Supervisor Scott A. Russell to enter into agreements with local vendors for the fueling of Town emergency vehicles when the Town's fuel supply is dangerously low or other unforeseen occurrences prevent the fueling of emergency vehicles at the Town's fuel dispensing facility. ✓Vote Record-Resolution RES-2016-790 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 Voter ❑ ❑ ❑ 0 ❑ Tax Receiver's Appt Jill Doherty Seconder 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 2016-791 CATEGORY.- Property Acquisition Purchase DEPARTMENT. Land Preservation Brushes Creek Properties Open Space Elect to Purchase/Segra WHEREAS, the Town Board of the Town of Southold held a public hearing on the 23rd day of August, 2016, on the question of the simultaneous purchase of fee title to parcels located in the Brushes Creek area for open space protection and passive recreational purposes, pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Southold Town Board Meeting August 23, 2016 page 31 Fund) of the Town Code of the Town of Southold, at which time all interested parties were given the opportunity to be heard; and WHEREAS,the six (6)properties to be purchased are identified as being owned by: • TriState Capital Holdings, LLC (5.4± acres) and further identified as SCTM #1000-127.- 3-8. The address is 2550 North Oakwood Drive, in Laurel,New York; and • _Capital Asset Retirement Fund, LLC and TriState Capital Holdings, LLC (2.1± acres) and further identified as SCTM #1000-127.-3-9.2. The address is 560 Diachun Road, in Laurel,New York; and • Jeffry Hallock (3.4± acres) and further identified as SCTM #1000-127.-3-10.2. The address is 430 Diachun Road, in Laurel,New York; and • Hallock Holding Corp. (1.8± acres) and further identified as SCTM #1000-127.-3-10.3. The address is No #Diachun Road, in Laurel,New York; and • Capital Asset Retirement Fund, LLC and TriState Capital Holdings, LLC (0.67± acres) and further identified as SCTM #1000-127.-8-17.2. The address is 2995 Great Peconic Bay Boulevard, in Laurel,New York; and • Capital Asset Retirement Fund, LLC (12.5± acres) and further identified as SCTM #1000-127.-8-17.3. The address is 2445 Great Peconic Bay Boulevard, in Laurel, New York; and WHEREAS,the total area of the combined properties is 25.87± acres. The properties are located on Diachun Road and the north side of Peconic Bay Boulevard approximately 517 feet east from the intersection of North Oakwood Road and Peconic Bay Boulevard in Laurel, and the combined properties have approximately 98± feet of road frontage on Peconic Bay Boulevard and 1800±feet along Bushes Creek; and WHEREAS, the properties are located within the Agricultural-Conservation (A-C) Zoning District and partially within the R-40 Zoning District; and WHEREAS, the 25.87± acres will be acquired at a.simultaneous closing, with the County acquiring a seventy-nine percent (79%) undivided interest and the Town acquiring a twenty-one (21%) undivided interest, as tenants-in-common, to each of the six (6) tax map parcels listed above. The total combined price is $2,131,750± (two million one hundred thirty-one thousand seven hundred fifty dollars, plus or minus), plus all related acquisition costs which will be divided in accordance with the 79% County/21%o Town partnership. The exact acreage is subject to survey. The combined purchase price may be adjusted based upon surveyed acreage of SCTM #1000-127.-8-17.2. The purchase price for each of the six (6) parcels and the acquisition costs will be funded in'accordance with the 79% County/21% Town partnership with the County's funding from the County New Drinking Water Protection Program, as amended and effective December 1, 2007, and the County Old Drinking Water Protection Program, as in effect November 30, 2000, and the Town funding will be from the Town's Community Preservation Fund. The 21% Town's purchase price is $447,667.50± (four hundred forty-seven thousand six hundred sixty-seven dollars and fifty cents, plus or minus)plus acquisition costs; and Southold Town Board Meeting August 23, 2016 page 32 WHEREAS, the properties are listed on the Town's Community Preservation Project Plan as properties that should be preserved for open space and wetland protection purposes. The purpose of this acquisition is for open space protection and passive recreational purposes. Proposed uses of the properties may include a nature preserve, passive recreational area with trails and limited parking for access purposes, all subject to a Management Plan which will be developed for this property; and WHEREAS,the acquisition of this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code of the Town of Southold; and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has determined that this action is consistent with the LWRP; and WHEREAS, as per Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5, the Land Preservation Coordinator and the Town Board have reviewed the acquisition and have determined that sanitary flow credits may be available upon the Town's acquisition of the properties. The County of Suffolk will determine if Sanitary Flow Credits (a.k.a County Workforce Housing Development Rights) are available and Sanitary Flow Credits will be divided between the County and the Town in accordance with the 79% County/21 % Town joint partnership percentage. The transfer of the Sanitary Flow Credits allotted to the Town will not be finalized, and shall not occur, until the Town closes on the properties, and the Town Board passes a resolution allowing the transfer into the Town TDR Bank; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition and recommends that the Town Board acquire the properties; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase fee title to the subject properties for the purpose of the preservation of open space and passive recreational purposes; and WHEREAS, the Town Board of the Town of Southold classifies this action as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; and, WHEREAS, the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and, WHEREAS, the Town Board of the Town of Southold accepted the Short Environmental Form for this project that is attached hereto; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action; and be it further Southold Town Board Meeting August 23, 2016 page 33 RESOLVED that the Town Board of the Town of Southold hereby elects to enter into a joint partnership between the Town Southold and the County of Suffolk, with the County of Suffolk acquiring a seventy-nine percent (79%) undivided interest and the Town of Southold acquiring a twenty-one percent (21%) undivided interest, as tenants-in-common, for a simultaneous purchase of fee title to each of the six (6) parcels being in the vicinity of Brushes Creek, totaling 25.87± acres, with ownership to the parcels being in,the names of TriState Capital Holdings, LLC, Capital Asset Retirement Fund, LLC and TriState Capital Holdings, LLC, Jeffry Hallock, Hallock Holding Corp., and Capital Asset Retirement Fund, LLC, and identified as parcels on the Suffolk County Tax Map as#1000-127.-3-8, 9.2, 10.2 & 10.3 and 41000-127.-8-17.2 & 17.3. The total combined price is $2,131,750± plus all related acquisition costs which will be divided in accordance with the 79% County/21% Town partnership. The 21% Town's purchase price is $447,667.50± (four hundred forty-seven thousand six hundred sixty-seven dollars and fifty cents, plus or minus) plus acquisition costs. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the LWRP Coordinator and the Town Board has determined that this action is consistent with the LWRP. The Town Board has reviewed the acquisition and has determined that sanitary flow credits may be available upon the Town's acquisition of the properties and that the County of Suffolk will determine if Sanitary Flow Credits (a.k.a County Workforce Housing Development Rights) are available, and Sanitary Flow Credits will be divided between the County and the Town in accordance with the 79% County/21% Town joint partnership percentages. The transfer of the Sanitary Flow Credits allotted to the Town will not be finalized, and shall not occur, until the Town closes on the properties, and the Town Board passes a resolution allowing the transfer into the Town TDR Bank. ✓Vote Record-Resolution RES-2016-791 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled _ .___.'_._ __. . ._ _. ❑ Withdrawn James Dinizio Jr Voter D ❑ ❑ ❑ ❑ Supervisor's Appt William P Roland Voter ❑ ❑ ❑ 0 ❑ Tar Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost Comments regarding resolution 791 SUPERVISOR RUSSELL: I just want to say, I know it has already been mentioned but I will mention it again, this is the direct result of efforts of Legislator Albert Krupski. He has already recognized that preservation, it's a daunting task but if we work together as the Town, County and State we get a lot more done. So I want to thank him for that. Southold Town Board Meeting August 23, 2016 page 34 Motion To: Motion to recess to Public Hearing RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed at 7:49PM in order to hold a public hearinjz. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Doherty, Ghosio, Evans, Russell ABSENT: William P. Ruland VI. Public HearinjZs PH 8/23/16 7:31 Pm -Brushes Creek Open Space Acquisition This public hearing was closed at 8:03PM RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Robert Ghosio, Councilman AYES: Dinizio Jr, Doherty, Ghosio, Evans, Russell ABSENT: William P. Ruland Councilman Robert Ghosio,Jr. COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN 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, Aullust 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 41000-127.-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 Southold Town Board Meeting August 23, 2016 page 35 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 $447,667.501 (four hundred forty-seven thousand six hundred sixty-seven dollars and fifty cents,plus or minus)plus acquisition costs. The properties are listed on the Town's Community Preservation Project Plan as properties that should be preserved for open space and wetland protection purposes. The purpose of this acquisition is for open space protection and passive recreational purposes. Proposed uses of the property may include a nature preserve, passive recreational area with trails and limited parking for access purposes, all subject to a Management Plan which will be developed for this property. The Land Preservation Coordinator has reviewed the acquisition in accordance with Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5. Sanitary Flow Credits may be available for transfer from the properties upon the purchase of the properties. The County of Suffolk will determine if Sanitary Flow Credits (a.k.a. County Workforce Housing Development Rights) are available, and if so, the number of Sanitary Flow Credits available from the properties. Any available Sanitary Flow Credits will be divided between the County and the Town in accordance with the 79% County/21% Town joint partnership percentage. The transfer of the Sanitary Flow Credits allotted to the Town will not be finalized, and shall not occur, until the Town closes on the properties, and the Town Board passes a resolution allowing the transfer into the Town TDR Bank. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. This notice of hearing was published in the August 21" edition of the Suffolk Times, I do have an affidavit that this was affixed to and noticed on the Town Clerk's bulletin board. And I have a memorandum here from Mark Terry, the LWRP coordinator, that this proposed action is consistent with the policy standards and therefore is consistent with the, Local Waterfront Revitalization Program. And that is it. Supervisor Russell SUPERVISOR RUSSELL: Would anybody like to address the Town Board on this local law? Melissa? Melissa Spiro, Land Preservation Coordinator Southold Town Board Meeting August 23, 2016 page 36 MELISSA SPIRO: Melissa Spiro, Land Preservation Coordinator. Thanks. , These six properties have a long history of inquiries and I believe also applications in regard to both development and preservation and I am really glad to be here tonight regarding a proposal to preserve all of them. The description of this property is a bit complicated. It involves six different properties, different 'owners and a partnership with the county. Seventy nine (79) percent of the funding will come from the County's programs and 21 percent will come from the Town's Community Preservation Fund. The result will be the Town and County owning the property together with an undivided interest as tenants in common. The percentage of funding worked out this way because the county is using two different sources of funding, about $1.2 million were in a county fund commonly known as the `Old Drinking Water Fund' and these funds were earmarked by the county years ago for use in Southold Town. We have Legislator Krupski to thank for ensuring that this county funding ended up being used for land acquisition in Southold Town and in particular for this project. The total purchase price is just over $2.1 million and the town's share is approximately $450,000. The purchase price is based on an appraisal which was commissioned for each parcel. The closing of this hearing and the Town Board's resolution electing to purchase the property with the county allows the town to execute a purchase contract with the landowners and to work with the county to work towards closing. There are still many steps involved, including the landowner removing a concrete foundation on one of the properties and completion of the survey and title work. So a 2016 closing is not likely and it is likely that we will close in 2017. Once the closing occurs, we will work together with the county for a management plan for the property. The purpose of the acquisition is for open space and passive recreational purposes. Any future use of the property will need 'to be consistent with those purposes and since this is a partnership with the county, with county regulations. The project has been reviewed by the Land Preservation Committee and the Committee supports the acquisition and I am here to answer any questions you may have. SUPERVISOR RUSSELL: Would anybody like to address the Town Board on this local law? Jill Kubetz, Laurel JILL KUBETZ: Good evening, I am Jill Kubetz from Laurel. I live on North Oakwood. I have been asked by the association to read a letter, an open letter signed by several members and then submit it to you. `We are writing in support of the proposed purchase and preservation of the eastern side of Brushes Creek. Individually as Southold Town residents and then collectively as members of the North Oakwood association, we are strongly advocating for the preservation of Brushes Creek. The North Oakwood association consists of members whose families have been Southold Town residents for generations. Some for over 90 years. During that time, they have seen Brushes Creek and Southold in general undergo numerous changes, many of them positive but some have encroached on open spaces that characterized Southold. As North Oakwood residents, we are very lucky to live close to Brushes Creek. We have been able to enjoy nature at its finest. We have watched local birds catch birds, lay eggs and the chicks hatch. The proposed purchase will enable future Southold residents to enjoy what we have enjoyed, the seaside -natural environment that characterizes Southold. We wholeheartedly endorse and support the proposed purchase and preservation of Brushes Creek.' I would like to read the names into the record of the people that signed. Alice Powers, Pamela Conlon, Sundeep Dahiya, Susan Dahiya, Jill and Jacob Kubetz, Virginia Neville, Raymond Castronova, Laura Allison and Emery Korpi. Southold Town Board Meeting August 23, 2016 page 37 SUPERVISOR RUSSELL: Thank you. Please. Who else would like to address the Town Board on this? Catherine Kimball CATHERINE KIMBALL: Hi, my name is Catherine Kimball. I also live on North Oakwood and I missed the petition so I had to stand up and add my support as well. I don't know who has been around for 90 years but my great-grandmother bought our cottage 85 years ago. So somebody beat me by 5_ but we absolutely support the preservation of Brushes Creek. I agree with everything that was said in the letter and it was nice to meet you. Thank you. SUPERVISOR RUSSELL: Thank you very much. Who else would like to address the Town Board? Mr. Hochbruekhner? George Hochbrueckner GEORGE HOCHBRUEKHNER: George Hochbruekner, former Congressman. I am an 18 year resident on Brushes Creek. I strongly support what you are doing here and I commend Al Krupski and his people for finding the money and my question for you is, the remaining $447,000 that the town will be providing, where will that money come from? SUPERVISOR RUSSELL: The Community Preservation Fund. MR. HOCHBRUEKHNER: So these are funds that already exist? SUPERVISOR RUSSELL: Yes, it's the committed account, it's a separate account that was created through the Community Preservation tax that gets levied on houses when the titles get transferred. It's a separate committed fund. MR. HOCHBRUEKHNER: So then may I assume, since the $447,000 is already available, that there will not be any tax increase for anyone in the town to cover that? SUPERVISOR RUSSELL: No, none whatsoever. MR. HOCHBRUEKHNER: Great. If I could relate a story, some local history that probably many people don't know. But Peconic Bay has been in the National Estuary Program now for over 25 years and what a lot of people don't realize is that we owe that to Billy Joel. And the way this happened was, back in the early 90's Congressman Norm Lent, a Republican from Nassau County a good friend of mine,joined with me as a Democrat representing the 1St District, to request that Peconic Bay be placed in the National Estuary Program and we were told by leadership that, well, New York already has several bays in the program and don't count on getting it in. So we enlisted Billy Joel to come down to Washington, so with Congressman Norm Lynch on one side of the aisle, me on the other side, County Executive Patrick Halpin and Billy Joel and others, including Vito Mindi who heads Cornell Cooperative. We all went down to Washington and it was beautiful to see because I first arranged a meeting with Speaker Tom Southold Town Board Meeting August 23, 2016 page 38 Foley and when we went into his office, he was a really hi-fi fan and he had a wall full of woofers and tweeters and amps and what have you and no sooner did we get in then Billy says, oh the best amp is this one and that one, well, they got into this 15 minute discussion about amplifiers and woofers and tweeters and what have you. So after about 15 minutes, I said, Mr. Speaker, we really came to talk about Peconic Bay and at that point, he said, you got my vote. So then we went over to see-George Mitchell, who was the Senator from Maine, the Majority Leader. So no sooner did we get into his office and Billy Joel and the Senator get into this conversation about, well, I just bought my last boat in Maine and so they get into this boat discussion because Maine is a small state and everybody knows everybody. So after 15 minutes, George Mitchell says you got my vote. So that's how we got Peconic Bay into the National Estuary Program. And so we are building on th at and the fact that this $1.2 million was found, was money that was collected from the 2% preservation tax is a great thing. And how you are using it now is also to be commended. As I say, I commend Al for helping find the money. I commend the Town Board for delivering that money, for taking over that property and ensuring that we came Peconic Bay clean. Thank you. SUPERVISOR RUSSELL: Thank you. You mentioned Norman Lent, actually, I had stuffed envelopes for Norman Lent back in 1972. I was all of 8 years old. My parents indoctrinated me early, what can I say. Liberty Travel on Merrick Road. MR. HOCHBRUECKNER: It goes to show that both sides of the aisle can always work together. SUPERVISOR RUSSELL: Absolutely. MR. HOCHBRUECKNER: Thank you. Supervisor Russell SUPERVISOR RUSSELL: Would anyone else like to address the Town Board? (No response). Closing Statements Supervisor Scott A. Russell SUPERVISOR RUSSELL: That completes the business of the agenda. Would anybody like to address the Town Board on any issue? Benja Schwartz, Cutchogue BENJA SCHWARTZ: Good evening, Benja Schwartz from Cutchogue. I would just like to say that I miss the good old days too but we can't bring back the good old days by doing things the same old ways. In the next 30 days, Cutchogue and the Town of Southold will change significantly in two major ways. Referring to the proposed condominium development known as the Heritage at Cutchogue and also the Terp development proposal for doubling the width of the current block store building on the Main Road in the heart of the Cutchogue hamlet center. It is very encouraging to see that the natural environment is getting the attention it deserves and it should be preserved but natural environment is also in the minority around the globe and Southold Town Board Meeting August 23, 2016 page 39 becoming more and more in the Town of Southold. We need to protect the nature of our human occupied spaces, let's see, today is Tuesday. It was yesterday that the Southold Town Planning Board voted without any discussion to accept the final environmental impact statement for the Heritage at Cutchogue. Without any discussion this concludes a 34 year long development application, significantly, the Town Board accepted an environmental assessment form, it was in 1983, it might be 1982 that the form was submitted. The environmental assessment form was 20 questions, they were all answered no, including will the project affect more than 10 acres. It's a 46 acre project. It's not going to affect more than 10 acres? Well, thankfully the Planning Board in 1984 or 85 did not agree with the Town Board and required the developer to produce an environmental impact statement before they would proceed with reviewing the site plan. It took over 30 years for the developer to produce that impact statement. There was no discussion and it was not clear what had happened. When I stood up to raise a question of what was going on, I was told that there was no time, that I could go to the Town Hall and ask the question another day. As a result, the one news media that has reported on the action taken by the Planning Board, it's a very good article and I am glad we have the Suffolk Times but it's very confused. In trying to explain to some people out in the hall after the Planning Board took a break, the Planning Board chairman was shaking his head at me saying, no, no that's not what happened. It's not the Planning Board, it's not the developer that produced this final impact statement, we did it, it's partially ours. Now while it's true that the Planning Board was extremely involved in the process, the final environmental impact statement is the document produced by the developer what the Planning Board has done is accepted that statement as it is, it's not going to be changed. In 30 days, 60 days at the most, there will be a decision made by the Planning Board finding whether that statement is accurate or not and based on that decision, the Planning Board will decide whether to approve the development or not. You know it's great that we are preserving some property on the creek and preventing pollution of the waters but at the same time, there was a story in one of our new internet media sources today, I think it came out today, about the toxic rust tide. Two days ago, I was out on my windsurfer and I noticed that the water didn't look healthy. It's not healthy. And our local scientific authorities from the Cornell Cooperative Extension have found that there are two main causes. Climate change and nitrogen loading. These proposals in Cutchogue will aggravate both of those problems. Why am I here? Well, the Terp, the Heritage at Cutchogue proposal, that's something that you are not directly involved in and yet there's an agreement that you signed and entered in with the developer not to change the laws until this proposal was reviewed. But also I think you should be concerned with the way that these applications are processed by the Planning Board. And I have offered to assist the Planning Board to make the process more transparent and clear and have not been welcomed. My assistance has not been welcomed. With all due, I can participate in certain ways. I was invited to submit a letter regarding the third problem with this acceptance of the final environmental study. Final environmental study came from the draft environmental study on which there were hearings however, the facts have changed and there were also facts that were overlooked and ignored. The facts that were overlooked and ignored, the Heritage at Cutchogue was that the original proposal for the Heritage at Cutchogue not only included almost 50 acres of condominiums but it also included a huge shopping plaza, I think on Griffing Avenue. Well now the shopping plaza extension, proposed right on the Main Road is saying the stores that they build, the new stores, are going to serve the needs of the people who are going to live at the Heritage at Cutchogue. And yet the environmental impact statement for the Heritage at Southold Town Board Meeting August 23, 2016 page 40 Cutchogue says that there will be, says that there's not expected to be any growth inducing .aspects. It's not expected to result in any adverse effects on utility providers, like the water supply. I think there was something on the agenda this morning about possible water restrictions and I know the water use of the proposed Heritage at Cutchogue has been cut back but it's still many, many, many thousands, tens of thousands gallons a day and how that is not going to effect the water supply in an area that depends on shallow aquifers for fresh water, I can't understand. Anyway, you're involved in the Heritage project because you were party to a settlement, oh, back 30 years ago it said in addition to the condominium complex, the Seacroft plan,the original name for the Heritage, also calls for a 50,000 square,foot shopping plaza off Griffing Street in Cutchogue. Now the shopping plaza in Cutchogue is somewhere in the environmental disclosures for that, it talks about the fact that it's on a property which is at least in part, leased to Southold Town. As the Town Board of Southold Town, that lease which is about 13 years old and there's about 7 years left on the lease, what happens 30 days from now is going to be of major significance in what is going to be in Cutchogue 10 years from now. will there be any parking in the back there? I don't know. That parking lot was put in 12 years ago and yet the Town of Southold never erected one single sign. I talked to the people, they say, oh, I thought that that was just for the Terp building. I didn't know I could park there and go to other stores. Well, I kept asking for the lease and nobody seemed to know where it was but I finally found it, modern technology in the laserfiche system, and contrary to what I was told that the lease didn't affect the current plans, current proposal, I read in the lease that it says that the lease is subject to the plan annexed here to as exhibit A, and that the owner reserves the absolute right, is there anybody here that thinks that there is an absolute right to build on that property? That the town has no say over what goes on there? I hope not but that's what the lease entered into by the Horton administration, the Town Board 13 years ago. I couldn't find a resolution, by the way, in the Town Board minutes. I found a resolution saying that it wasn't going to have any environmental impact, that paving one acre of land, 1/2 acre that was prior to that time woods, would not have any environmental impact, so they didn't need an environmental impact statement on that. it's still to be determined whether the Planning Board requires an environmental impact for the area variance and the site plan that are required for the Terp proposal to move forward. Unfortunately, the shaded area in exhibit A is smaller than the proposed building, so there is a significant part of the proposed building which is proposed to be built on land to which the Town has a lease for the next 7 years. So I think that that's a problem that the Town Board needs to make a decision on. Not the Planning Board, not the Zoning Board. The Town Board needs to get involved in this application as a landowner, not even an adjacent landowner, as an owner of the land on which the building is proposed to be built. I mean, that resolution that there was no effect on the environment for leasing the land, that was October 22, 2002. 1 have pictures if anyone would like to see, of the post office before it was all black topped over by the Town, the lease cost the Town approximately $10,000 a year when all is said and done with the cost of paving that. anyway, I thank you for your time and I hope that you will get involved and think about the connection because the Planning Department, I mean the Planning Board has essentially approved this final environmental impact statement that says there is no connection between that development of the 50 acres on the north end of Griffing Street and anything else that is happening around town. And at the time that they were working on the draft environmental impact statement, it was stated that well, there are no other applications pending. But now there are. There is another application already pending and yet Southold Town Board Meeting August 23, 2016 page 41 that was, and that application was pending before the environmental impact statement was accepted but it was not taken into consideration. I don't, you know, they are also saying that this proposal is going to be a continuation of the existing building, continue the street line they call it, well, the street line on the north side of the Main Road in Cutchogue doesn't start on the west end, you travel on the right side of the street and you come from the east and the street line begins with the open space between the, by the way, the Old Town Arts and Crafts Guild is not just a single (inaudible), it's a non-profit organization and it's one of our precious institutions in our town and as an adjacent landowner, it has a right that the adjacent landowner respect the setbacks, the legal setbacks that are required. The 15 foot setback. They want to put the new building 5 foot from the road and wall in the entire north side of the Main Road. We've had three people die in this area in the past couple of years. SUPERVISOR RUSSELL: Benja, I have to tell you, I think you raised some excellent points but right now we are discussing a hypothetical because no building has been approved yet and those concerns should be directed to the Zoning Board of Appeals and the Planning Board so they can factor them into their decision making. MR. SCHWARTZ: The environmental impact statement has been accepted. It has been... SUPERVISOR RUSSELL: For the Terp application? MR. SCHWARTZ: For the Heritage. SUPERVISOR RUSSELL: Oh, I thought we were talking about the Terp application, because they are two separate applications here. So I am getting a little confused. MR. SCHWARTZ: The Terp application has been processed, they determined that it is an unclassified action. So they don't know whether they are going to require an environmental impact statement or not but as I say, the Town is, owns part of the property on which the building is proposed. I think the town should have something to say about that and I think the Town should have something to say about whether we are going to permit more building directly 5 feet from the Main Road. You know, normally area variances are decided with a balancing act. SUPERVISOR RUSSELL: I appreciate all that but.... MR. SCHWARTZ: In this case, I will finish, in this case, the balancing is, it's not 50-50, it's not 75-25, it's 100 percent wrong to further wall in the center of the north fork, the Cutchogue hamlet center. It's one of the places I love and I beg you to protect it. Thank you. Supervisor Russell SUPERVISOR RUSSELL: I appreciate it, Benja. Thank you. Would anyone else like to address the Town Board? Town Clerk Elizabeth Neville TOWN CLERK NEVILLE: I would. Southold Town Board Meeting August 23, 2016 page 42 SUPERVISOR RUSSELL: Sure. TOWN CLERK NEVILLE: I would like to speak as the Records Officer and FOIL Officer, to say that all of the agreements for the Town of Southold for as far back as they were available, are on laserfiche and are public records and available. Benja, you are fully familiar with laserfiche. You come in, my records management officer has helped you with stuff, I have helped you with stuff. I don't recall you ever asking me or Stacey for copies of these. If you had, it would have been provided very quickly and you know that. MR. SCHWARTZ: Betty, Betty, I just have to say that I asked the Town Clerk's office at one point, I forget who I spoke to, it doesn't matter they didn't know where it was but then I went onto the laserfiche and that's where I found it. So it was there. TOWN CLERK NEVILLE: Well, I don't know who you asked... MR. SCHWARTZ: I didn't do a FOIL request, I am not complaining.... TOWN CLERK NEVILLE: (inaudible) you should have asked myself or filed a FOIL form or something and it would have been provided. MR. SCHWARTZ: You do a wonderful job for the Town Betty, I thank you. Supervisor Russell SUPERVISOR RUSSELL: Thank you. 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 8:29 P.M. Eli eth A.Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Doherty, Ghosio, Evans, Russell ABSENT: William P. Ruland