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Home My WebLink AboutTB-04/10/2018 ELIZABETH A.NEVILLETown Hall, 53095 Main Road TOWN CLERK ��O\°gUFFU(�cOGy PO Box 1179 y Southold,NY 11971 REGISTRAR OF VITAL STATISTICS o Fax(631)765-6145 MARRIAGE OFFICER y�ipl �a°� Telephone: (631)765 - 1800 RECORDS MANAGEMENT OFFICER southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING April 10, 2018 7:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, April 10, 2018 at the Meeting Hall, Southold,NY. Call to Order 7:30 PM Meeting called to order on April 10, 2018 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Organization Title Status Arrived James_Dinizio Jr Town of Southold Councilman_ i Present William P. Ruland Town of Southold Councilman ' Present Jill Doherty Town of Southold 1 Councilwoman Present R_obert_Ghosio _ Town of Southold _Councilman Present Louisa P. Evans Town of Southold Justice Remote Scott A. Russell Town of Southold Supervisor t Present Elizabeth A.Neville Town of Southold Town ClerkPresent William M Duffy Town of Southold ; Town Attorney _ ' Present 1. Reports 1. Zoning Board of Appeals Monthly Report 2. Town Clerk Monthly Report 11. Public Notices 1. NYS Liquor License RENEWAL Heron Harbor Southold Town Board Regular Meeting April 10, 2018 page 2 NEW 1. Werts East LLC 2. Marchbook Distilling Co.,L:LC 3. East End Restaurant Group,LLC 4. Waypoint Restaurant,LLC III. Communications IV. Discussion 1. 9:00 Am - Regina Vander Schaaf and Andrea Dunkirk 2. 9:15 Am -Jamie Richter 3. 9:30 Am -Jim Bunchuck 4. 9:45 Am -Lynn Nyilas 5. 10:00 Am - Members from the Long Island Farm Bureau 6. Solar Siting Code 7. Waiver of Fee for Southold Fire Dept 8. Appointment to Police Advisory Committee 9. Request for Wavier of 30 Day Notice for Liquor License 10. Motion To: Motion to Enter Executive RESOLVED that the Town Board of the Town of Southold hereby Enter into Executive Session at 11:03 AM for the purpose of discussing the following matters: Potential Property Acquisition(S),Publicity of Which Would Substantially Affect the Value Thereof 11:00 am - Melissa Spiro Labor- Matters Involving the Employment of a Particular Person(S) Update on PBA Contract 11:15 am - Jamie Richter 11:30 am - Jeff Standish 11:45 am - Michael Collins 12:00 pm -Jim Bunchuck Southold Town Board Regular Meeting April 10, 2018 page 3 Litigation - Croteaux v.Town of Southold - Town of Southold v. Kelly - Grimes v. Board of Trustees RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell 11. EXECUTIVE SESSION - Potential Property Acquisition(S), Publicity of Which Would Substantially Affect the Value Thereof 12. EXECUTIVE SESSION -Labor- Matters Involving the Employment of a Particular Person(S) 13. EXECUTIVE SESSION - Litigation 14. Motion To: Motion to Exit Executive RESOLVED that the Town Board of the Town of Southold hereby Exit/Recess from this Executive Session at 12:59PM. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell 15. Motion To: Recess 9:00 AM meeting RESOLVED that the Town Board of the Town of Southold hereby Recess this 9:00 AM meeting of the Town Board at 12:59 PM until the Regular 7:30PM Meeting of the Southold Town Board. RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Motion To: Reconvenes 9:00 AM meeting RESOLVED that the Town Board of the Town of Southold hereby reconvenes the 9:00 AM meeting of the Southold Town Board at this 4:30PM Regular Meeting of the Southold Town Board. RESULT: ADOPTED [UNANIMOUS] MOVER: Scott A. Russell, Supervisor SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Openinjz Comments Supervisor Scott A. Russell Southold Town Board Regular Meeting April 10, 2018 page 4 SUPERVISOR RUSSELL: Please rise and join in the Pledge of Allegiance. Thank you. I would invite anyone that's here to comment on any of the agenda items, to please feel free. If you are here to comment on the public hearing, we will be having statements on that after we recess and go into the public hearing. But any of the agenda items? V. Resolutions 2018-315 CATEGORY. Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated April 10, 2018. ✓Vote Record-Resolution RES-2018-315 ❑ Adopted Q Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter Q ❑ ❑ El ❑ Supervisor's Appt William P Ruland Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter Q ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-316 CATEGORY.• Set Meeting DEPARTMENT• Town Clerk Next Town Board Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, April 24, 2018 at Southold Town Hall, 53095 Main Road, Southold,New York at 4:30 P. M.. -/'Vote Record-Resolution RES-2018-316 Q Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended James Dmizio Jr Voter Q ❑ ❑ ❑ ❑ Defeated William P Ruland Voter Q ❑ ❑ ❑ ❑ Tabled .fill Doherty Voter Q ❑ ❑ ❑ ❑ Withdrawn Robert Ghosio Seconder 2 ❑ 0 11 Southold Town Board Regular Meeting April 10, 2018 page 5 ❑ Supervisor's Appt Louisa P Evans Mover ' Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2018-317 CATEGORY.• Committee Appointment DEPART IE'NT.• Town Clerk 2018 Connnitee Re-Appointments RESOLVED that the Town Board of the Town of Southold hereby re-appoints the following members to the following committees, effective March 31, 2018: Agricultural Advisory Committee Mark Van Bourgondien Deer Management John J. Rasweiler IV Land Preservation Anne Murray ✓Vote Record-Resolution RES-2018-317 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Mover Q ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter Q ❑ El 11 Robert Ghosio Voter Q ❑ 11 ❑ ❑ Rescinded ❑ Town Clerk's Appt Louisa P Evans Voter Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-318 CATEGORY. Attend Seminar Southold Town Board Regular Meeting April 10, 2018 page 6 DEPARTITENT: Highway Department Training-Skabry Financial Impact: This 11,as accidentally left off the 3127 agenda. RESOLVED that the Town Board of the Town of Southold hereby grants permission to Thomas Skabry to attend the CSEA Peer Safety Trainer Refresher from March 27- 29, 2018 in Saratoga Springs,New York. This is at no cost for the Town on lodging, meals, travel and seminar. ✓Vote Record-Resolution RES-2018-318 Rl Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled , ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder R1 ❑ ❑' ❑ ❑ Tax Receiver's Appt Jill Doherty Mover 21 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter lZ ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter Q ❑ ❑ ❑ ❑ Supt 1-lgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-319 CATEGORY: Contracts, Lease&Agreements DEPARTMENT• Accounting Engage Albrecht, Viggiano, Zureck-2017 Audit RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott Russell to execute an engagement letter with Albrecht, Viggiano, Zureck and Company, P.C. in connection with the Justice Court audit for the year ended December 31, 2017, at a fee not to exceed $7,500, that said fee shall be a legal charge to the General Fund Whole Town Independent Auditing and Accounting budget (A.13 20.4.5 00.3 00), and that said engagement letter is subject to review and approval by the Town Attorney. ✓Vote Record-Resolution RES-2018-319 Z Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended .lames Dinizio Jr Voter D ❑ ❑ ❑ ❑ Defeated William P Ruland Mover 0 ❑ ❑ ❑ ❑ Tabled El Withdrawn till Doherty Voter lZ ❑ ❑ E) ❑ Supervisor's Appt Robert Ghosio Voter Rl ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Seconder 0 ❑ El ❑ Rescinded Scott A Russell Voter [Z ❑ ❑ ❑ 0 Town Clerk's Appt Southold Town Board Regular Meeting April 10, 2018 page 7 ❑ Supt Hgwvs Appt ❑ No Action ❑ Lost 2018-320 C47EGOR):- Committee Resignation DEPAR TIM,NT. Town Clerk Tree Committee Resignation - Campbell RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Matthew Campbell as a member of the Southold Town Tree Committee, effective immediately. ✓Vote Record-Resolution RES-2018-320 El 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 R ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-321 CATEGORY. Advertise DEPA RTME.IN'T.• Recreation Advertise for Beach Attendants, Lifeguards and an Assistant Beach Manager RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise in the April 19th edition of The Suffolk Times for Beach Attendants, Lifeguards and an Assistant Beach Manager for the Recreation Department. ✓Vote Record-Resolution RES-2018-321 13 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended James Dmizio Jr Voter Q ❑ ❑ ❑ ❑ Defeated William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tabled fill Doherty Voter z ❑ ❑ ❑ 0 Withdrawn Robert Ghosio Mover 121 ❑ 0 0 Southold Town Board Regular Meeting April 10, 2018 page 8 ❑ Supervisor's Appt Louisa P.Evans Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost Comments regarding resolution 321 COUNCILMAN RULAND: Discussion? If we haven't already, can we also include that on the town website and channel 22? TOWN CLERK NEVILLE: We do. We do on all of them, Bill. COUNCILMAN RULAND: Alright, 2018-322 01 TEGORY.• Close/Use Town Roads DEPARTMENT.• Town Clerk Grant Permission to the Orient Fire Department to Hold Its Annual Memorial Day Parade Financial Impact:Police Department Cost for the Event =$153.53 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Orient Fire Department to use the following route for its Annual Memorial Day Parade in Orient on Monday,May 28, 2018 beginning at 7:15 AM: begin at the Firehouse and take Tabor Road to Orchard Street to Navy Street to Village Lane to Main Road and back to the Firehouse, provided they follow all the conditions in the Town's Policy for Special Events on Town Properties. ✓Vote Record-Resolution RES-2018-322 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 2 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 El ❑ ❑ No Action 0 Lost Southold Town Board Regular Meeting April 10, 2018 page 9 2018-323 CATEGORY. Field Use-Town DEPARTMENT. Recreation Gonzalez Men's Soccer League RESOLVED that the Town Board of the Town of Southold does hereby grant permission to the Gonzalez Men's Soccer League to use Strawberry Fields in Mattituck on Sundays, 7:30a.m. - 6:30 p.m. from April 15, 2018- December 9,2018 for league games. Dates will be coordinated with the Recreation Department as other organizations & groups will be using the field throughout the year. Appropriate fees will be charged as per the rules and regulations on the application for use of parks facilities. Applicant must file with the Town Clerk a Two Million Dollar Certificate of Insurance naming the Town of Southold and the County of Suffolk as additional insured's. ✓Vote Record-Resolution RES-2018-323 10 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled _ ❑ Withdrawn James Dmizio Jr Mover D ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter Z ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter El ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-324 CATEGORY. Attend Seminar DEPARTMENT. Assessors .BOAR Training RESOLVED that the Town Board of the Town of Southold hereby grants permission to the following Board of Assessment Review Members: Phyllis Atkinson, Gerard Schultheis,John Betsch,Julie Dantes and Brian Andrews to attend training scheduled on May 1,2018 to be held at the Suffolk County Office of Real Property in Riverhead. The expense for travel to be reimbursed from the Assessors 2018 budget. ✓Vote Record-Resolution RES-2018-324 0 Adopted Yes/Aye No/Nay Abstain Absent Southold Town Board Regular Meeting April 10, 2018 page 10 ❑ Adopted as Amended James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Defeated William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Tabled Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Withdrawn Robert Ghosto Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt H,--Ys Appt ❑ No Action ❑ Lost ` 2018-325 CATEGORY. Employment-Town DEPARTMENT.• Accounting Acknowledges the Intent to Retire Andrew C Epple Jr. WHEREAS, the Town of Southold has received notification via U.S. Mail on April 3, 2018 from the NYS Retirement System concerning the retirement of Andrew C. Epple Jr. effective April 30, 2018 now therefore be it RESOLVED that the Town Board of the Town of Southold hereby acknowledges the intent to retire of Andrew C. Epple Jr. from the position of Senior Bay Constable for the Police Department, effective April 30, 2018. ✓Vote Record-Resolution RES-2018-325 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dtntzio Jr Voter D El ❑ El ❑ Supervisor's Appt William P Ruland Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosto 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 325 SUPERVISOR RUSSELL: I am just going to say, I will vote for that with regret. Andy has been a key member of our Marine enforcement for many years. Southold Town Board Regular Meeting April 10, 2018 page 11 2018-326 CATEGORY: Employment-Town DEPARTMENT.• Accounting Acknowledges the Intent to Retire David M. Okula WHEREAS,the Town of Southold has received notification via U.S. Mail on April 3, 2018 from the NYS Retirement System concerning the retirement of David M. Okula effective April 30, 2018 now therefore be it RESOLVED that the Town Board of the Town of Southold hereby acknowledges the intent to retire of David M. Okula from the position of Police Officer for the Police Department, effective April 30, 2018. ✓Vote Record-Resolution RES-2018-326 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled El Withdrawn James DmElizio Jr Voter Rl ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ El Tax Receiver's Appt Jill Doherty Voter 0 ❑ El ❑ Rescinded Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Mover D ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost Comments regarding resolution 326 SUPERVISOR RUSSELL: I am going to again say, we are losing some awfully good key staffers tonight, I am going to hate to see David go but I wish him well in retirement. 2018-327 CATEGORY. Landfill Misc. DEPARTMENT: Solid Waste Management District Shrink Wrap Tip Fee WHEREAS revenue on the sale of recycled industrial shrink wrap has risen to $0.015/lb (from $0.00/lb), the Town Board of The Town of Southold hereby authorizes the Solid Waste Management District to lower the tip fee on shrink wrap delivered to the Cutchogue Transfer to $0.02/lb (from $0.04/lb) as this fee, in combination with the revenue, will cover the cost of handling the material, including delivering such material to recycling market; and be it further RESOLVED that this fee change shall be made retroactive to March 30, 2018. Southold Town Board Regular Meeting April 10, 2018 page 12 ✓Vote Record-Resolution RES-2018-327 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dinizio Jr Voter ❑ ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter Q ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder lZ ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter lZ ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-328 CATEGORY. Authorize to Bid DEPARTMENT: Solid Waste Management District Materials Hauling Bids RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the procurement of hauling services by the Solid Waste Management District for the shipping of construction and demolition debris (C&D) and for single stream recyclables received at the Cutchogue Solid Waste Transfer Station. ✓Vote Record-Resolution RES-2018-328 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ___. ❑ Withdrawn James Dmizio Jr Mover lZ ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder [Z ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter IZ ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-329 CATEGORY. Legal Southold Town Board Regular Meeting April 10, 2018 page 13 (DEPARTMENT. Fishers Island Ferry District Z&S Contracting Claim RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District Board of Commissioners dated April 2, 2018 in regard to the Z & S Contracting claim. ✓Vote Record-Resolution RES-2018-329 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder CSI ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover 2 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter El ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter lZ ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter lZ ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-330 CATEGORY: Bond DEPARTMENT: Town Clerk Release Maintenance Bond- Carter Melence RESOLVED that the Town Board of the Town of Southold hereby releases the Maintenance Bond supplied by Carter-Melence, Inc and International Fidelity Insurance Company, Bond No. NRIFSU0654688 in the amount of$227,800.00, as recommended by the Town Engineer, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2018-330 Rl Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled -. ❑ Withdrawn Tames Dmizio Jr Voter Rl ❑ ❑ ❑ ❑ Supervisor's Appt William P Roland Mover CI ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosto Voter Rl ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Lel ❑ ❑ ❑ ❑ No Action ❑ Lost Southold Town Board Regular Meeting April 10, 2018 page 14 2018-331 CATEGORY: Performance Bond DEPARTMENT: Town Clerk Release Performance &Payment Bonds &Accept Maintenance Bond-ICE Electric, Inc RESOLVED that the Town Board of the Town of Southold hereby releases the Performance and Payment Bonds supplied by ICE Electric, Inc. and The Ohio Casualty Insurance Company, Bond No. 015049490, each in the amount of$187,000.00, as recommended by the Town Engineer, subject to the approval of the Town Attorney, and be it further RESOLVED that the Town Board of the Town of Southold hereby accepts the Maintenance Bond supplied by ICE Electric, Inc. and The Ohio Casualty Insurance Company, Bond No. 015049490 in the amount of$193,898.00, as recommended by the Town Engineer, subject to the approval of the Town Attorney ✓Vote Record-Resolution RES-2018-331 CSI Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter D 110 ❑ Supervisor's Appt William P Ruland Voter D ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 13 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder 11 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover Ca ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter D ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-332 CATEGORY. Refund DEPARTMENT. Town Clerk Refund-Kane RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund of$30.00 to Carol Kane, 3100 Sound Drive, Greenport,NY for the purchase of a disposal permit purchased in error. ✓Vote Record-Resolution RES-2018-332 Ri Adopted Yes/Aye No/Nay Abstain Absent 0 Adopted as Amended James Dmizio Jr Voter lZ 0 0 0 Southold Town Board Regular Meeting April 10, 2018 page 15 ❑ Defeated William P Roland Voter 0 ❑ ❑ ❑ ❑ Tabled Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Withdrawn Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2018-333 CATEGORY: Employment-FIFD DEPARTMENT: Accounting Appoint Robert Lavin & Carlton G. Wilcox Freight Agents RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted April 2, 2018 that appoints Robert Lavin and Carlton Wilcox to the position of Freight Agent (FIFD) effective April 1, 2018, salaries to remain the same. ✓Vote Record-Resolution RES-2018-333 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dimzio Jr Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt Welham P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ 0 ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-334 CATGOR K Employment-FIFD DEPARTIVIENT. Accounting Appoint Hannah Peabody Cashier Southold Town Board Regular Meeting April 10, 2018 page 16 RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted April 2, 2018 that appoints Hannah Peabody to the position of Clerk effective April 1, 2018, salary to remain the same. ✓Vote Record-Resolution RES-2018-334 0 Adopted '❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled --. James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt William P Roland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-335 CATEGORY: Budget Modification DEPAREVENT: Accounting 2018 Budget Modification- Community Development Financial Impact:Establish budget for 2018 CDBG projects RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 Community Development Fund budget as follows: Increase• CD.2701.00 Prior Year Refunds (Program Income) $1,512 CD.2743.44 Community Development, Year 44 (J) 50,578 Total $52,090 Increase• CD.8660.J.044.008 CAST $5,000 CD.8660.J.044.010 Maureen's Haven $5,000 CD.8660.J.044.015 ADA Access- Rec Center $42,090 Total $52,090 ✓Vote Record-Resolution RES-2018-335 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended lames Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Defeated William P Roland Mover 0 ❑ ❑ ❑ ❑ Tabled Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Withdrawn Robert Ghosio Voter 0 ❑ ❑ ❑ 0 Supervisor's Appt Louisa P Evans Seconder 0 ❑ 0 ❑ Southold Town Board Regular Meeting April 10, 2018 page 17 ❑ Tax Receiver's Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2018-336 CATF_GOR Y. Budget Modification DEPARTHENT: Accounting 2018 Budget Modification-Capital Financial Impact:Establish budget for 2018 capital projects WHEREAS the Town Board of the Town of Southold authorized a capital project for a solar array at the Town Animal Shelter, and WHEREAS the Town's Capital Budget process requires a resolution to formally establish Capital Budget items in the Capital Fund, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby authorizes the establishment of the following Capital Projects and amends the Capital Budget-as follows: Capital Project Name: Animal Shelter Solar Array Financing Method: Bond Funding,NYSERDA Grant and a Private Donation Budget: Revenues: 11.5710.24 Serial Bonds, Animal Shelter $370,000 H.2705.60 Gifts and Donations, Capital 160,000 H.3089.65 State Aid,NYSERDA Grant 100,000 Total $630,000 Appropriations: H.3510.2.100.200 Animal Shelter Solar Array $630,000 Total $630,000 ✓Vote Record-Resolution RES-2018-336 El Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended James Dmizio Jr Voter D ❑ ❑l ❑ ❑ Defeated ❑ Tabled William P Ruland Voter 2 ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Voter 2 ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Mover CEJ ❑ ❑ ❑ 0 Rescinded Scott A Russell Voter El ❑ ❑ 0 Southold Town Board Regular Meeting April 10, 2018 page 18 ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2018-337 CATEGORY.- Budget Modification ZDEPARTUENT: Accounting 2018 Budget Modification- Capital Financial Impact:Establish budget for 2018 capital projects WHEREAS the Town Board of the Town of Southold has been awarded a grant from Suffolk County for Downtown Revitalization that will be used for a capital project for the Pike Street Parking Lot Drainage Basin, and WHEREAS the Town's Capital Budget process requires a resolution to formally establish Capital Budget items in the Capital Fund, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby authorizes the establishment of the followiniz Capital Proiects and amends the Capital Bud'zet as follows: Capital Project Name: Pike Street Parking Lot Financing Method: Suffolk County Grant Budget: Revenues: H.2389.40 Suffolk County-Pike Street $60,180 Total $60,180 Appropriations: H.8540.2.100.275 Pike St Lot Drainage Basin $60,180 Total $60,180 ✓Vote Record-Resolution RES-2018-337 0 Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Tabled William P Ruland Voter 0 ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Voter 0 ❑ ❑ El Robert Appt ❑ Tax Receiver's Appt Robert Ghosto Mover 0 El El Louisa P Evans Seconder D El El❑ ❑ Rescinded ❑ Town Clerk's Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt 0 No Action Southold Town Board Regular Meeting April 10, 2018 page 19 ❑ Lost 2018-338 C4TEGORY.• Contracts,Lease &Agreements DEPARTMENT. Town Attorney Satisfaction of Mortgage-Kart RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute three (3) Satisfactions of Mortgages to William J. Kart and Joan P. Kart for the property known as 611 Bailey Avenue, Greenport,New York (SCTM No. 1000-034.00-02.00-007.000), subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2018-338 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled El Withdrawn James Dmizio Jr Mover Z ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 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 2018-339 CATEGORY. Budget Modification DEPARTMENT. Accounting 2018 Budget Modification-IT Financial Impact. To establish budget for reimburseJnent for ruined copier (Tonin Hall flood) RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 General Fund Whole Town budget as follows: Increase: A.2680.00 Insurance Recoveries $9,008 Total $9,008 Southold Town Board Regular Meeting April 10, 2018 page 20 Increase• A.1680.4.400.360 Copy Machines- Leases $9,008 Total $9,008 ✓Vote Record-Resolution RES-2018-339 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-340 CATF,GOR Y.• Employment-FIFD DEPARTUENT. Accounting Wage Rate Increases RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted April 2, 2018 that reads as follows: Whereas there are wage ranges in the various Advancement Ladders, Management recommends that the following employees' wage rates be changed with effect April 12, 2018 Chriss Bridgman $12.50 Karina Curbelo $12.50 David Denison $12.50 Michael Fiora $29.00 Vince Harring $12.50 Sean Healy $12.50 Steven Kamm $12.50 Chase Lettrich $12.50 Dawson Millbauer $12.50 Anthony Mirabelli $29.00 Ryan Miner $12.50 Southold Town Board Regular Meeting April 10, 2018 page 21 Richard Waters $12.50 Nathan White $12.50 ✓Vote Record-Resolution RES-2018-340 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/NayAbstainAbsent ❑ Tabled ❑ Withdrawn Tames Dmizio Jr Voter D ❑ ❑ El ❑ Supervisor's Appt William P Roland Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Rescmded Robert Ghosio Voter 0 El0 ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell -'Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-341 CATEGORY.• Contracts,Lease&Agreements DEPARTMENT: Town Attorney MOA Cornell Cooperative RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Scott A. Russell to execute the 2018-2019 Memorandum of Agreement between the Town of Southold Shellfish Advisory Committee and Cornell Cooperative Extension of Suffolk County, in connection with DNA, Bacterial Source Tracking,testing of samples, ata cost not to exceed $24,000.00 for 30 samples for 2018-2019, pursuant to the Town's MS4 and Shellfish Lands Sanitation Efforts, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2018-341 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Roland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter ID ❑ ❑ ❑ ❑ Rescmded Robert Ghosio Seconder 0 El 11 El ❑ Town Clerk's Appt Louisa P Evans Mover ID ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action 11 Lost Southold Town Board Regular Meeting April 10, 2018 page 22 2018-342 CATEGORY. Attend Seminar DEPARTMENT.• Police Dept Police Department-Training Request RESOLVED that the Town Board of the Town of Southold hereby grants permission to Police Officer William Brewer to attend a seminar on Crime and Social Media on April 12- 13, 2018 at the Suffolk County Police Academy at Brentwood, New York. All expenses for registration, travel to be a legal charge to the 2018 budget line A.3157.4.600.200(JA'B-Training). ✓Vote Record-Resolution RES-2018-342 R1 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Tames Dmizio Jr Voter Q ❑ ❑ ❑ ❑ Supervisor's Appt William P Roland . Voter Q ❑ ❑ ❑ ❑ 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 2018-343 CATEGOR Y.• Employment-Town DEPARTMENT.• Accounting Retirement Resolution for Elected Officials WHEREAS,the State of New York has set additional reporting requirements in Section 315.4 of the New York Codes,Rules and Regulations which requires all elected and appointed officials whose terms start on or after August 12, 2009,who are members of the New York State and Local Retirement System and who do not participate in their employer's time keeping system to prepare a log of their work-related activities for three consecutive months and submit their logs to the clerk or secretary of the governing body within 150 days of the start of their term; NOW THEREFORE,BE IT RESOLVED that the Town Board of the Town of Southold hereby establishes the following as standard workdays for elected and appointed officials and will report the following days worked to the New York State and the Local Employees' Retirement System based on the record of activities maintained and submitted by these officials to the clerk of this body: Title Name Standard Term Begins/ Participates in Days/Month(based on Southold Town Board Regular Meeting April 10, 2018 page 23 Work Ends Employer's Record of Activities) Day Time Keeping (Hrs/day) System Superintendent of Vincent Orlando 8 1/1/18-12/31/21 N 24.96 Highways BE IT FURTHER RESOLVED,that said standard is being established to meet the accounting requirements of the New York State Employees Retirement System for calculation of retirement benefits, and BE IT FURTHER RESOLVED,that the Town Clerk be and she hereby is authorized to send a certified copy of this resolution to the New York State Employees Retirement System. I, Elizabeth A.Neville, Town Clerk of the governing board of the Town of Southold of the State of New York; do hereby certify that I have compared the foregoing with the original resolution passed by such board, at a legally convened meeting held on the 1011i April of 2018 on file as part of the minutes of such meeting, and that the same is a true copy thereof and the whole of such original. I further certify that the full board, consists of six (6) members, and the six (6) of such members were present at such meeting and the six(6)of such members vote in favor of the above resolution. IN WITNESS WHEREOF,I have hereunto set my hand and the seal of the Town of Southold, on this 101h April of 2018 SEAL Elizabeth A.Neville Town Clerk Town of Southold ✓Vote Record-Resolution RES-2018-343 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled _ ❑ Withdrawn James Dmizio Jr Mover D d [7 ❑ ❑ Supervisor's Appt William P Ruland Seconder Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter Q ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter, 10 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-344 CATE,GOR Y• Contracts, Lease&Agreements DEPARTMENT: Town Attorney Southold Town Board Regular Meeting April 10, 2018 page 24 Kinsley Power Systems-FI Pump Station Generator RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Service Agreement between the Town of Southold and Kinsley Power Systems, at a cost not to exceed $2,795.00 per year, in connection with the generator at the Fishers Island Pump Station, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2018-344 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 Seconder 121 ❑ ❑ ❑ ❑ Tax Receiver's Appt .till Doherty Mover 21 ❑ l7 ❑ ❑ Rescinded Robert Ghosio Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter lZ ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-345 CATEGORY.• Contracts, Lease &Agreements DEPARTMENT. Town Attorney L K McLean-FI Sewer District RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Service Agreement between the Town of Southold and L.K. McLean Associates, P.C., at a cost not to exceed $2,700.00 per year, in connection with Fishers Island Sewer District, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2018-345 RI Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled 11 Withdrawn Tames Dmizio Jr Voter Z ❑ 11 ❑ Supervisor's Appt William P Roland Mover Ri ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter Q ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter Z ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder Rl ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action 0 Lost Southold Town Board Regular Meeting April 10, 2018 page 25 2018-346 CATEGORY: Contracts, Lease &Agreements DEPARTMENT: Town Attorney Control Systems of Connecticut-F1 Server District RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Service Agreement between the Town of Southold and Control Systems of Connecticut Inc., at a cost not to exceed $2,040.00 per year, in connection with Fishers Island Sewer District, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2018-346 21 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled - ❑ Withdrawn James Dmizio Jr Voter 2 ❑ ❑ ❑ ❑ 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 10 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Rl ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-347 CATEGORY.• Authorize to Bid DEPARTMENT: Public Works HResurface Tennis &Basketball Courts RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the resurfacing &repair of Fishers Island basketball and tennis courts. ✓Vote Record-Resolution RES-2018-347 Rl Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended _. ,lames Dmizio Jr Voter D ❑ ❑ ❑ ❑ Defeated ❑ Tabled William P Roland Voter 0 ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Mover El ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Seconder El ❑ ❑ ❑ 10 Rescinded Scott A Russell Voter 2 ❑ ❑ ❑ Southold Town Board Regular Meeting April 10, 2018 page 26 ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2018-348 CATEGORI:- Special Events DE,PARTMENT.• Town Clerk Rade for a Cause Financial Impact: Cost Analysis: $305.84 RESOLVED that the Town Board of the Town of Southold hereby grants permission to LI Antique Power Association to hold a Tractor Ride on April 29, 2018, raindate May 6, 2018 provided they adhere to the Town of Southold Policy for Special Events on Town Properties and Roads. All Town fees for this event, with the exception of the Clean-up Deposit, are waived. ✓Vote Record-Resolution RES-2018-348 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled James Dmizio Jr Mover Rl ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt William P Ruland Seconder IZI ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter Rl ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-349 CA71 GORY. Employment-Town DEPART E,INrT Accounting Appoint Nicole Stallbauaner PT Clerk Typist RESOLVED that the Town Board of the Town of Southold hereby appoints Nicole Stallbaumer to the position of part-time Clerk Typist for the Police Department, effective April 25, 2018, at a rate of$14.66 per hour, pending background search completion. ✓Vote Record-Resolution RES-2018-349 Z Adopted Yes/Aye No/Nay Abstain Absent Southold Town Board Regular Meeting April 10, 2018 page 27 ❑ Adopted as Amended James Dm¢io Jr Voter 0 ❑ ❑ ❑ ❑ Defeated William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Tabled Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Withdrawn Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2018-350 CATEGORY. Committee Appointment DEPARTMENT.• Town Clerk Water Conservation Committee Appointment RESOLVED that the Town Board of the Town of Southold hereby appoints Chris Wedge to the position of Member of the Water Conservation Committee effective April 1, 2018 to fill a vacancy left by S. Croce resignation to expire on March 31, 2021. ✓Vote Record-Resolution RES-2018-350 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter El El ❑ 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 2018-351 CATEGORY. Committee Appointment DEPARTMENT.• Town Clerk Police Advisory Connnittee Appointment RESOLVED that the Town Board of the Town of Southold hereby appoints James Abbott to the Southold Town Board Regular Meeting April 10, 2018 page 28 position of Member of the Police Advisory Committee effective April 1, 2018 for a three (3) year term of office to expire on March 31, 2021. ✓Vote Record-Resolution RES-2018-351 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled El Withdrawn lames Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover 0 El El El ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-352 CATEGORY. Road Dedications DEPARTMENT. Town Attorney Various Road Dedications WHEREAS, The Superintendent of Highways for the Town of Southold has made application to the Town Board of the Town of Southold to dedicate a collective amounts of certain roads in Southold,New York, known as follows: In the Hamlet of Cutchogue: BALDWIN PLACE SCHOOL HOUSE ROAD SPUR ROAD In the Hamlet of Fishers Island: GREENWOOD ROAD In the Hamlet of Greenport MAIN STREET MIDDLETON ROAD LANDING LANE In the Hamlet of Mattituck CENTRAL DRIVE CONKLIN ROAD KNOLLWOOD LANE SUMMIT DRIVE In the Hamlet of Orient PARKVIEW LANE In the Hamlet of Southold AKERLY POND LANE LANDING PATH SOUNDVIEW AVENUE EXT. WATERSEDGE WAY ROAD H Southold Town Board Regular Meeting April 10, 2018 page 29 as shown on the certain maps provided, together with the release executed by the owner thereof; and WHEREAS, the Southold Town Superintendent of Highways and Town Engineer has inspected the said highways and has advised the Town Board that said proposed highways comply in all respects with the specifications for the dedication of highways in the Town of Southold; now,therefore, be it RESOLVED, that in accordance with Section 171 of the"Highway Law of the State of New York, consent.be, and the same hereby is, given to the Superintendent of Highways to make an order laying out the aforesaid highways, to consist of lands described in said application as shown on certain maps attached to said application; and be it FURTHER RESOLVED, that the Town Clerk be, and she hereby is, authorized and directed to forthwith cause the dedication, release, and deed to be recorded in the Office of the Clerk of the County of Suffolk,New York. ✓Vote Record-Resolution RES-2018-352 0 Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn James Dmizio Jr Mover 2 ❑ ❑ ❑ ❑ Supervisor's Appt William P Roland Voter RI ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter El ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter IZI ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder EI ❑ ❑ ❑, ❑ Supt Hgwys Appt Scott A.Russell Voter lZ ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-353 CATEGORY: Budget Modification DEP.AREVENT Accounting 2018 Budget Modification-Capital Financial Impact:Establish budget for Town Hall Annex Purchase WHEREAS the Town Board of the Town of Southold adopted a bond resolution for the purchase and renovation of the Town Hall Annex, and WHEREAS the Town's Capital Budget process requires a resolution to formally establish Capital Budget items in the Capital Fund, now therefore be it Southold Town Board Regular Meeting April 10, 2018 page 30 RESOLVED that the Town Board of the Town of Southold hereby authorizes the establishment of the following Capital Projects and amends the Capital Budget as follows: Capital Project Name: Town Hall Annex Acquisition Financing Method: Serial Bonds Budget: Revenues: H.5710.27 Serial Bonds, Town Hall Annex $3,200,000 Total $3,200,000 Appropriations: H.1620.2.400.400 Town Hall Annex Acquisition $3,200,000 Total $3,200,000 ✓Vote Record-Resolution RES-2018-353 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled El Withdrawn James Dimzio Jr Voter 0 ❑ ❑ Ii ❑ Supervisor's Appt William P Ruland Seconder 0 ❑ ❑ ❑ El Tax Receiver's Appt Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosto Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-354 CAIEGORI:• Refund DEPARTMENT. Town Clerk Various Clean Up Deposits WHEREAS the following groups have supplied the Town of Southold with a refundable Clean- up Deposit fee, for their events and WHEREAS the Southold Town Police Chief, Martin Flatley, has informed the Town Clerk's office that this fee may be refunded, now therefor be it RESOLVED that Town Board of the Town of Southold hereby authorizes a refund be issued in the amount of the deposit made to the following Name Date Received Amount of Deposit Southold Town Board Regular Meeting April 10, 2018 page 31 Sterling Communications Inc 5/9/17 $250.00 39 Sound Road Greenport,NY 11944 North Fork Animal Welfare League 6/2/17 $250.00 Peconic Lane Peconic,NY 11958 Southold Yacht Club 6/2/17 $250.00 PO Box 546 Southold,NY 11971 ✓Vote Record-Resolution RES-2018-354 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dimzio Jr Voter ❑ ❑ 0 ❑ ❑ Supervisor's Appt William P Ruland Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 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 2018-355 CATEGORY.• Recommendations DEPAREVE1'VT; Town Clerk Waive the 30 Day Notification of the Application for a Liquor License RESOLVED the Town Board of the Town of Southold hereby waives the 30 Day notification for the application of a new liquor license for Matchbook Distilling Company, LLC, 305 North Road, Greenport,New York. ✓Vote Record-Resolution RES-2018-355 0 Adopted _ ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated James Dimzio Jr Voter 0 ❑ ❑ ❑ ❑ Tabled William P Roland Voter 0 ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Rescinded Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt 0 Supt Hgwys Appt Southold Town Board Regular Meeting April 10, 2018 page 32 ❑ No Action ❑ Lost 2018-356 CATEGORY.• Recommendations DEPARTYVENT. Town Clerk Waive the 30 Day Notification of the Application for a Liquor License RESOLVED the Town Board of the Town of Southold hereby waives the 30 Day notification for the application of a new liquor license for Waypoint Restaurant, LLC, 400 Old Main Road, Southold,New York. ✓Vote Record-Resolution RES-2018-356 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dimzio 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 2018-357 CATEGORY. Budget Modification DEPARTMENT. Highway Department 2018 Budget Modification -Highway Financiallnipact. Drainage RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 Highway Fund Part Town budget as follows: From DB.5142.1.100.200 Full time Snow overtime Earnings 15,000.00 DB.5110.4.400.300 Drainage Replacement 6,000.00 TOTAL $ 21,000.00 Southold Town Board Regular Meeting April 10, 2018 page 33 To: DB.5110.1.100.200 Full time Overtime Earnings 15,000.00 DB.5110.4.100.960 Drain Pipe/Rings/covers 5,000.00 DB.5130.4.100.550 Tires 1,000.00 TOTAL $ 21,000.00 ✓Vote Record-Resolution RES-2018-357 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled James Dimzio Jr . Mover z ❑ ❑ ❑ El Withdrawn ❑ Supervisor's Appt William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 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 2018-358 CATEGORY. Public Service DEPARTMENT: Town Attorney Waive Zoning Board of Appeals Fee/Southold Fire District RESOLVED,that the Town Board of the Town of Southold hereby waives the fee for the Southold Fire District's application to the Zoning Board Appeals for a side yard setback variance in connection with the construction of a storage building at 55135 Main Street, Southold (ZBA File No. 7179). ✓Vote Record-Resolution RES-2018-358 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ 0 ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost Southold Town Board Regular Meeting April 10, 2018 page 34 2018-359 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney Ph 5122 4:31 Pm- Chapter 280- Commercial Solar Energy Systems WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 10th day of April, 2018, a Local Law entitled "A Local Law in relation to Amendments to Chanter 280 as it pertains to the siting of commercial solar energy systems" now,therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold,New York, on the 22"d day of May at 4:31 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280 as it pertains to siting of commercial solar energy systems" reads as follows: LOCAL LAW NO. 2018 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280 as it pertains to siting of commercial solar energy systems" BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. Purpose. The Town Board of the Town of Southold recognizes the importance of renewable energy facilities. However, it is equally important to protect our natural resources by providing standards for solar energy production facilities on those lands that have been previously cleared and/or disturbed. It is altogether reasonable that the Town Board makes adequate provisions for these facilities, and it is imperative that such facilities do not adversely affect surrounding and nearby properties. It is therefore the intent of this section to provide adequate safeguards for the location, siting and operation of solar energy production facilities and solar collection systems. 11. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: Article XIV Light Industrial Park/Planned Office Park(LIO) District [Added 1-10-1989 by L.L. No. 1-1989] § 280-57 Purpose. The purpose of the Light Industrial Park/Planned Office Park (LIO) District is to provide Southold Town Board Regular Meeting April 10, 2018 page 35 opportunity for the location of business and professional offices, research facilities, industrial uses and similar activities in an open, campus-like setting in areas which are not appropriate for commercial activity or low-density residential development. In this area, such uses can be established in an attractive environment and serve both as a means of preserving the open qualities of an area and providing an area adjacent to hamlet areas where such uses can be appropriately developed with suitable protection for ground- and surface waters. All uses must conform to Suffolk County Health Department standards. § 280-58 Use regulations. In the LIO District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: A. Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1)hereof, are subject to site plan approval by the Planning Board: [Amended 5-9-1989 by L.L. No. 6-1989; 11-29-1994 by L.L. No. 26-1994; 4-28-1997 by L.L. No. 6-1997] B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, except Subsection B(10), which may be permitted as a special exception by the Planning Board, and all such special exception uses shall be subject to site plan approval by the Planning Board: [Amended 5-23-1989 by L.L. No. 7-1989; 4-28-1997 by L.L.No. 6-1997; 11-12- 1997 by L.L. No. 26-1997; 2-12-2013 by L.L. No. 2-2013; 6-17-2014 by L.L. No. 7-20141 (10) Commercial solar energy production system, subject to the following criteria: (a) The commercial solar energy system shall not be on a parcel of less than five acres. (b) Solar energy production facilities shall be permitted only on those lands previously cleared and/or disturbed on or before January 1, 2018. No'additional clearing shall be permitted, except that the removal of shrubs, underbrush and trees under six inches in diameter shall be permitted and shall not be deemed clearing. (cb) All ground-mounted panels shall not exceed the height of eight feet. (de-) All mechanical equipment of the commercial solar energy system, including any structure for batteries or storage cells, shall be completely enclosed by a minimum eight-foot-high fence with a self-locking gate. (ed) Notwithstanding any requirement in § 280-63 of this chapter, the total surface area of all ground-mounted and freestanding solar collectors, including solar photovoltaic cells, panels, and arrays, shall not exceed 80% of the total parcel area. (fo) A minimum twenty-five-foot perimeter buffer, consisting of natural and undisturbed vegetation, supplemented with evergreen plantings, as needed, shall be provided around all mechanical equipment and solar panel arrays to provide screening from adjacent residential properties and Town, county and state roads. Southold Town Board Regular Meeting April 10, 2018 page 36 A vegeta4ed perimeter-buffer shall be installed 4o pr-evide year round ser-eeflifig 0 the system rfom .,djaeent pr-aper-ti-es. (gf) A minimum setback for a solar energy production facility and equipment used in conjunction with the solar energy production facility shall be located at least 100 feet from any residential dwelling or zone (hi) All solar energy production systems shall be designed and located in order to prevent reflective glare toward any habitable buildings as well as streets and rights-of-way. (i}) All on-site utility and transmission lines shall be, to the extent feasible, placed underground. (ii) A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations. (1 j) The system shall be designed and situated to be compatible with the existing uses on adjacent and nearby properties. (1k) In approving a special exception, the Planning Board may waive or modify any of the above criteria if it finds that there is no detriment to public health, safety and welfare. (MI) Any special exception approval granted under this article shall have a term of 20 years, commencing from the grant of the special exception, which may be extended for additional five-year terms upon application to the Planning Board. (nu)Decommissioning/removal: [1] Any commercial solar energy production system that is not operated for a continuous period of 24 months shall be deemed abandoned. At that time,the owner of the commercial solar energy production system or the owner of the property where the commercial solar energy production system is located shall remove all components thereof within 90 days of such deemed abandonment or will be in violation of this section. In the case of a commercial solar energy production system on preexisting structures, this provision shall apply to the commercial solar energy production system only. If the commercial solar energy production system is not removed within said 90 days,the Building Inspector may give the owner notice that unless the removal is accomplished within 30 days, the Town will cause the removal at the owner's expense. All costs and expenses incurred by the Town in connection with any proceeding or any work done for the removal of a commercial solar energy production system shall be assessed against the land on which such commercial solar energy production system is located, and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located, then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner of the system and the owner of the property upon which the system is located shall fail to pay such expenses within 10 days after the statement is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action, the Building Inspector may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred and the owner of the system and the owner of the property upon which the system is located, with the Assessors, who shall, in the preparation of the next assessment roll, assess such amount upon such property. Such amount shall be Southold Town Board Regular Meeting April 10, 2018 page 37 included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as are provided by law for the collection and enforcement of real property taxes in the Town of Southold. [2] This subsection is enacted pursuant to § 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through removal provisions to ensure the proper decommissioning of commercial solar energy production systems within the entire Town. The removal reduction provision of this chapter shall supersede any inconsistent portions of Town Law § 64, Subdivision 5-a, and govern the subject of removal of commercial solar energy production systems in this chapter. Article XV Light Industrial (LI) District [Added 1-10-1989 by L.L. No. 1-1989] § 280-61 Purpose. The purpose of the Light Industrial (LI) District is to provide an opportunity for business and industrial uses on smaller lots than would be appropriate for the LIO Light Industrial Park/Planned Office Park District. § 280-62 Use regulations. In the LI District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: A. Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1) and (2) hereof, are subject to site plan approval by the Planning Board: [Amended 5-9-1989 by L.L. No. 6-1989; 11-29-1994 by L.L. No. 26-1994; 4-28- 1997 by L.L.No. 6-19971 B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, except Subsection 13(10), which may be permitted as a special exception by the Planning Board, and all such special exception uses shall be subject to site plan approval by the Planning Board: [Amended 4-28-1997 by L.L. No. 6-1997; 2-12-2013 by L.L. No. 2-2013; 6-17- 2014 by L.L. No. 7-20141 (10) Commercial solar energy production system, subject to the following criteria: (a) The commercial solar energy system shall not be on a parcel of less than five acres. (b) Solar energy production facilities shall be permitted only on those lands previously cleared and/or disturbed on or before January 1, 2018.No additional clearing shall be permitted, except that the removal of shrubs, underbrush and trees under six inches in diameter shall be permitted and shall not be deemed clearing. (cb) All ground-mounted panels shall not exceed the height of eight feet. (de) All mechanical equipment of the commercial solar energy system, including any structure for batteries or storage cells, shall be completely enclosed by a minimum eight-foot-high fence with a self-locking gate. (ed) Notwithstanding any requirement in § 280-63 of this chapter, the total surface area of all ground-mounted and freestanding solar collectors, including solar photovoltaic Southold Town Board Regular Meeting April 10, 2018 page 38 cells, panels, and arrays, shall not exceed 80% of the total parcel area. (fe) A minimum twenty-five-foot perimeter buffer, consisting of natural and undisturbed vegetation, supplemented with evergreen plantings, as needed, shall be provided around all mechanical equipment and solar panel arrays to provide screening from adjacent residential properties and Town, county and state roads. e perimeter-buff-er shall be installed to provide year- round ser-eening of the system from adjaeei4 pr--, (gf) A minimum setback for a solar energy production facility and equipment used in conjunction with the solar energy production facility shall be located at least 100 feet from any residential dwelling or zone (hi) All solar energy production systems shall be designed and located in order to prevent reflective glare toward any habitable buildings as well as streets and rights-of-way. & All on-site utility and transmission lines shall be,to the extent feasible,placed underground. (ii) A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations. (kms') The system shall be designed and situated to be compatible with the existing uses on adjacent and nearby properties. (1k) In approving a special exception, the Planning Board may waive or modify any of the above criteria if it finds that there is no detriment to public health, safety and welfare. (MI) Any special exception approval granted under this article shall have a term of 20 years, commencing from the grant of the special exception, which may be extended for additional five-year terms upon application to the Planning Board. (pm)Decommissioning/removal: [1] Any commercial solar energy production system that is not operated for a continuous period of 24 months shall be deemed abandoned. At that time, the owner of the commercial solar energy production system or the owner of the property where the commercial solar energy production system is located shall remove all components thereof within 90 days of such deemed abandonment or will be in violation of this section. In the case of a commercial solar energy production system on preexisting structures, this provision shall apply to the commercial solar energy production system only. If the commercial solar energy production system is not removed within said 90 days, the Building Inspector may give the owner notice that unless the removal is accomplished within 30 days, the Town will cause the removal at the owner's expense. All costs and expenses incurred by the Town in connection with any proceeding or any work done for the removal of a commercial solar energy production system shall be assessed against the land on which such commercial solar energy production system is located, and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located, then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner of the system and the owner of the property upon which the system is located shall fail to pay such expenses within 10 days after the statement is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action, the Building Inspector may file a certificate of the actual expenses incurred as Southold Town Board Regular Meeting April 10, 2018 page 39 aforesaid, together with a statement identifying the property in connection with which the expenses were incurred and the owner of the system and the owner of the property upon which the system is located, with the Assessors, who shall, in the preparation of the next assessment roll, assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as-are provided by law for the collection and enforcement of real property taxes in the Town of Southold. [2] This subsection is enacted pursuant to § 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through removal provisions to ensure the proper decommissioning of commercial solar energy production systems within the entire Town. The removal reduction provision of this chapter shall supersede any inconsistent portions of Town Law § 64, Subdivision 5-a, and govern the subject of removal of commercial solar energy production systems in this chapter. - Article XXXII Plum Island Conservation District (PIC) [Added 8-27-2013 by L.L. No. 6-2013] § 280-186 Purpose. The purpose of the Plum Island Conservation District is to preserve the integrity of the regionally significant natural, scenic and historic resources of Plum Island for the benefit of the residents of the Town of Southold. § 280-187 Use regulations. In the Plum Island Conservation District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided and subject to site plan approval by the Planning Board: (1) . Commercial solar energy production system, subject to the following criteria: (a) The commercial solar energy system shall not be on a parcel of less than five acres. (b) Solar energy production facilities shall be permitted only on those lands previously cleared and/or disturbed on or before January 1, 2018.No additional clearing shall be permitted, except that the removal of shrubs, underbrush and trees under six inches in diameter shall be permitted and shall not be deemed clearing. (cb) All ground-mounted panels shall not exceed the height of eight feet. (de) All mechanical equipment of the commercial solar energy system, including any structure for batteries or storage cells, shall be completely enclosed by a minimum eight-foot- high fence with a self-locking gate. (ed) Notwithstanding any requirement in § 280-63 of this chapter, the total surface area of all ground-mounted and freestanding solar collectors, includingsphotovoltaic cells, panels, and arrays, shall not exceed 80% of the total parcel area. (fe) A minimum twenty-five-foot perimeter buffer, consisting of natural and Southold Town Board Regular Meeting April 10, 2018 page 40 undisturbed vegetation, supplemented with evergreen plantings, as needed, shall be provided around all mechanical equipment and solar panel arrays to provide screening from adjacent residential properties and Town, county and state roads. ^ vegetated pefifneter i uff-r shall be- installed to provide year- round ser-eening of the system from adjaceiA pr-opefties. (gf) A minimum setback for a solar energy production facilites d equipment used in conjunction with the solar energy production facility shall be located at least 100 feet from any residential dwelling or zone (hi) All solar energy production systems shall be designed and located in order to prevent reflective glare toward any habitable buildings as well as streets and rights-of-way. (ij) All on-site utility and transmission lines shall be, to the extent feasible, placed underground. (ji) A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations. (k{) The system shall be designed and situated to be compatible with the existing uses on adjacent and nearby properties. (1k) In approving a special exception, the Planning Board may waive or modify any of the above criteria if it finds that there is no detriment to public health, safety and welfare. (ml) Any special exception approval granted under this article shall have a term of 20 years, commencing from the grant of the special exception, which may be extended for additional five-year terms upon application to the PlanningBoard. oard. (nm) Decommissioning/removal: Ll Any commercial solar energy production system that is not operated for a continuous period of 24 months shall be deemed abandoned. At that time, the owner of the commercial solar energy production system or the owner of the property where the commercial solar energy production system is located shall remove all components thereof within 90 days of such deemed abandonment or will be in violation of this section. In the case of a commercial solar energy production system on preexisting structures, this provision shall apply to the commercial solar energy productionsystem only. If the commercial solar energy production system is not removed within said 90 days, the Building Inspector may give the owner notice that unless the removal is accomplished within 30 days,the Town will cause the removal at the owner's expense. All costs and expenses incurred by the Town in connection with any proceeding or any work done for the removal of a commercial solar energy production system shall be assessed against the land on which such commercial solar energy production system is located, and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located, then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner of the system and the owner of the property upon which the system is located shall fail to pay such expenses within 10 days after the statement is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action, the Building Inspector may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred and the owner of the system and the owner of the property pon which the system is located, with the Assessors, who shall, in the preparation of the next assessment roll, Southold Town Board Regular Meeting April 10, 2018 page 41 assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as are provided by law for the collection and enforcement of real property taxes in the Town of Southold. F221 This subsection is enacted pursuant to § 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through removal provisions to ensure the proper decommissioning of commercial solar energy production systems within the entire Town. The removal reduction provision of this chapter shall supersede any inconsistent portions of Town Law § 64, Subdivision 5-a, and:govern the subject of removal of commercial solar energy production systems in this chapter. Article XXXI Plum Island Research District (PIR) [Added 8-27-2013 by L.L. No. 6-20131 § 280-182 Purpose. The purpose of the Plum Island Research District is to encourage the use of land for research and educational opportunities, provide quality employment opportunities and to preserve Plum Island's regionally significant natural, historic, scenic and cultural resources. § 280-183 Use regulations. In the PIR District, no building or premises shall be used and no building'or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided and subject to site plan approval by the Planning Board: (1) Solar energy gener-a4ion in exeess of that needed to provide power to permitte-d uses.Commercial solar energy production system, subject to the following criteria: (a) The commercial solar energy system shall not be on a parcel of less than five acres. (b) Solar energy production facilities shall be permitted only on those lands previously cleared and/or disturbed on or before January 1, 2018. No additional clearing shall be permitted, except that the removal of shrubs, underbrush and trees under six inches in diameter shall be permitted and shall not be deemed clearing_ (cb) All ground-mounted panels shall not exceed the height of eight feet. (de) All mechanical equipment of the commercial solar energysystem, including any structure for batteries or storage cells, shall be completely enclosed by a minimum eight-foot-high fence with a self-locking gate. (ed) Notwithstanding any_requirement in § 280-63 of this chapter, the total surface area of all ground-mounted and freestanding solar collectors, includingsphotovoltaic cells, panels, and arrays, shall not exceed 80% of the total parcel area. (f€) A minimum twenty-five-foot perimeter buffer, consisting of natural and undisturbed vegetation, supplemented with evergreen plantings, as needed, shall be provided around all mechanical equipment and solar panel arrays to provide screening from adjacent residential properties and Town, county and state roads. A vegetated Southold Town Board Regular Meeting April 10, 2018 page 42 (gf) A minimum setback for a solar energy production facility and equipment used in conjunction with the solar energy,production facility shall be located at least 100 feet from any residential dwelling or zone (hi) All solar energy production systems shall be designed and located in order to prevent reflective glare toward any habitable buildings as well as streets and rights-of-way. (i}) All on-site utility and transmission lines shall be,to the extent feasible, placed underground. (ji) A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations. (kj) The system shall be designed and situated to be compatible with the existing uses on adjacent and nearby_properties. (1k) In approving a special exception, the Planning Board may waive or modify any of the above criteria if it finds that there is no detriment to public health, safety and welfare. (ml) Any special exception approval granted under this article shall have a term of 20 years, commencing from the grant of the special exception, which may be extended for additional five-year terms upon application to the Planning Board. (nm)Decommissioning/removal: f 1 j Any commercial solar energy production system that is not operated for a continuous period of 24 months shall be deemed abandoned. At that time, the owner of the commercial solar energy production system or the owner of the property where the commercial solar energy production system is located shall remove all components thereof within 90 days of such deemed abandonment or will be in violation of this section. In the case of a commercial solar energy production system on preexisting structures,this provision shall apply to the commercial solar energy production system only. If the commercial solar energy production system is not removed within said 90 days, the Building Inspector may give the owner notice that unless the removal is accomplished within 30 days,the Town will cause the removal at the owner's expense. All costs and expenses incurred by the Town in connection with any proceedingor r any work done for the removal of a commercial solar energy production system shall be assessed against the land on which such commercial solar energy production system is located, and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located,then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner of the system and the owner of the property upon which the system is located shall fail to pay such expenses within 10 days after the statement is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any action, the Building Inspector may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred and the owner of the system and the owner of the property upon which the system is located, with the Assessors, who shall, in the preparation of the next assessment roll, assess such amount upon such property. Such amount shall be included in the levy gainst such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as are provided by law for the collection and enforcement of real Southold Town Board Regular Meeting April 10, 2018 page 43 property taxes in the Town of Southold. f 21 This subsection is enacted pursuant to § 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through removal provisions to ensure the proper decommissioning of commercial solar energy production systems within the entire Town. The removal reduction provision of this chapter shall supersede any inconsistent portions of Town Law & 64 Subdivision 5-a and govern the subject of removal of commercial solar energy production systems in this chapter. 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-2018-359 Z Adopted ❑ Adopted as Amended ❑ Defeated - ❑ Tabled Yes/Aye No/Nay Abstain Absent _ ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Mover Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 21 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder El ❑ ❑; ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-360 C4TEGORY.• Enact Local Law DEPARTMENT: Town Clerk Enact LL - Chapter 280-13 Accessory Apartments RESOLVED that there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 14th day of March, 2018, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280-13 Accessory Apartments in Accessory Structures" and be it further RESOLVED that 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 Southold Town Board Regular Meeting April 10, 2018 page 44 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 280-13 Accessory Apartments in Accessory Structures" reads as follows: LOCAL LAW NO. 3 of 2018 A Local Law entitled, "A Local Law in relation to Amendments to2 Chapter 280-13 Accessory Apartments in Accessory Structures" BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. Purpose. To provide more Affordable Housing opportunities within the Town of Southold. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: § 280-13 Use regulations. [Amended 3-14-1989 by L.L. No. 3-19891 In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as special exception by the Board of Appeals, as hereinafter provided, and, except for the uses set forth in Subsections B(1), (13) and (14) hereof, are subject to site plan approval by the Planning Board: [Amended 3-14-1989 by L.L. No. 3-1989; 5-20-1993 by L.L.No. 6-1993; 12-21-1993 by L.L. No. 3-1989; 11-29-1994 by L.L. No. 26=1994; 12- 27-1994 by L.L. No. 30-1994; 2-7-1995 by L.L. No. 3-1995; 11-12-1996 by L.L. No. 20- 1996; 11-12-1997 by L.L. No. 26-1997; 12-8-1998 by L.L. No. 26-1998; 10-25-2005 by L.L. No. 18-2005; 6-15-2010 by L.L. No. 2-20101 (13)One accessory apartment in a lawfully existing detached accessory garage, barn or storage building, subject to the following requirements: (a) The accessory apartment shall contain no less than 450 square feet and shall not exceed 750 square feet of livable floor area and shall have no more than one bathroom. (b) A minimum of three off-street parking spaces shall be provided on premises. (c) Not more than one accessory apartment shall be permitted on a lot. (d) The accessory apartment shall meet the requirements of an apartment as defined in § 280-4 hereof. (e) The entirety of the living floor area of the accessory apartment must be on one floor of the accessory structure. !tel Theaccesser-y sir ..t„ „1 ieh is e-fte whole ,-t t permit an apartment shall be sto and be eligible F l,. .,.... uvvv.�.�vr�'u.�ui uiivu� .�aiuii ��. in ixi.�cti.,-, o Southold Town Board Regular Meeting April 10, 2018 page 45 valid certi eate of aeeupaney issued prior-to january 1, 2004 [Amended c 24 2011 by L.L. No. 6 20 1] (f) The existing accessory structure shall comply with all other requirements of this chapter. (g) Approval of the Suffolk County Department of Health Services of the water supply and sewage disposal systems shall be required. (h) No bed-and-breakfast facilities, as authorized by § 280-13B(14)hereof shall be permitted in or on premises for which an accessory apartment is authorized or exists. (i) Occupancy of resident structures on the premises shall be subject to the issuance of an annual rental permit in accordance with § 280-13D and the following requirements: [1] The owner of the premises shall occupy either the existing single-family dwelling unit or the accessory apartment in the detached accessory structure as the owner's principal residence. The other dwelling unit shall be leased for year-round occupancy evidenced by a written lease for a term of one or more years to: [a] A family member; or [b] To a resident who is currently on the Southold Town Affordable Housing Registry and eligible for placement. [2] Rents charged to a resident on the Affordable Housing Registry shall not exceed the rent established by the Town Board annually pursuant to § 280-30(F) of this Code. [3] No accessory apartment shall be occupied by more than the number of persons permitted to occupy the dwelling unit under Section 404 of the Property Maintenance Code of the New York State Uniform Fire Prevention and Building Code. [4] An accessory apartment shall only be occupied or otherwise utilized in accordance with the certificate of occupancy issued for the dwelling unit. (j) The Chief Building Inspector, Zoning Inspector, and Town personnel who are engaged in the enforcement of the provisions of this chapter are authorized to make or cause to be made inspections to determine compliance with this chapter and are authorized to enter upon any property for the purpose of said inspections. (k) No special Exception shall be granted unless the Zoning Board of Appeals, in addition to the considerations, determinations and findings required in §§ 280-142 and 280-143, specifically finds and determines the following: [1] That therantin the he Special Exception will not adversely impact the privacy and use and enjoyment of any adjoining parcel. [21 That therg anting of the Special Exception will not adversely impact the character of the neighborhood in which it is located. f3] That the cumulative effect of approving the present application along with previously approved applications will not have a Southold Town Board Regular Meeting April 10, 2018 page 46 cumulative adverse impact on the surrounding neighborhood. [4] That the cumulative effect of approving the present application along with previously approved applications will not have a cumulative adverse impact on the school district in which the property is located. [5] That sufficient off-street parking exists on the subject propert�to accommodate the proposed accessorygpartment. [6] Whether adequate buffer yards and screening can and will be provided to protect adjacent properties possible detrimental impacts of the proposed use. § 280-15 Accessory buildings and structures. [Amended 4-10-1990 by L.L. No. 6-1990; 7-17-1990 by L.L. No. 14-1990; 2-5-1991 by L.L. No. 2-1991; 12-22-1992 by L.L. No. 33-1992; 1-16-2007 by L.L. No. 2-2007; 4-22-2008 by L.L. No. 3-20081 In the Agricultural-Conservation District and Low-Density Residential R-80, R-120, R-200 and R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear yard, subject to the following requirements: A. Buildings with a flat or mansard roof shall not exceed 16 feet in height and shall be set back at the minimum required for a sloping roof. B. Buildings with a sloping roof shall be subject to the following height and setback limitations: Lot Size (square feet) Maximum Height (feet) Minimum Setback for Side and/or Rear Yard (feet) Less than 10,000 18 3 Less than 10,000 20 5 Less than 10,000 22 10 10,000 - 19,999 18 5 10,000 - 19,999 20 15 10,000 - 19,999 22 20 20,000 - 39,999 18 10 20,000 - 39,999 20 15 20,000- 39,999 22 20 40,000 - 59,999 22 15 60,000 -79,999 22 20 80,000 and over 22 25 C. Such buildings shall not exceed 660 1,000 square feet on lots containing up to 20,000 square feet and shall not exceed 750 1,200 square feet on lots 20,000 square feet to 60,000 square feet. On lots over 60,000 square feet, no accessory building shall exceed 3% of the total size of the parcel. Southold Town Board Regular Meeting April 10, 2018 page 47 D. Dormers are permitted on accessory buildings up to 40 80% of the roof width. This restriction shall not apply to buildings receiving a certificate of appropriateness from the Town of Southold Historic Preservation Commission pursuant to Chapter 170 of the Town Code. E. Any accessory structure that is not a building shall not exceed 18 feet in height and shall be set back at the minimum required in Subsection B above. 'F. In the case of a waterfront parcel, accessory buildings and structures may be located in the front yard, provided that such buildings and structures meet the front-yard principal setback requirements as set forth by this'Code, and the side yard setback requirements for accessory buildings in Subsection B above. 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-2018-360 ❑ Adopted ❑ Adopted as Amended ❑ Defeated 0 Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn .Tames Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ 01 ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑' ❑ ❑ No Action ❑ Lost Next:4/24/18 4:30 PM Motion To: Motion to recess to Public Hearing RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty,,Ghosio, Evans, Russell VI. Public Hearings Set PH 4/10/18 7:31 Pm - Chapter 280-13 This public hearing was declared closed at 8:12 PM Southold Town Board Regular Meeting April 10, 2018 page 48 RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Councilman Robert Ghosio, Jr. COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 14th day of March, 2018, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280-13 Accessory Apartments in Accessory Structures" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at'the Southold Town Hall, 53095 Main Road, Southold,New York, on the 101h day of April at 7:31 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280- 13 Accessory Apartments in Accessory Structures" reads as follows: LOCAL LAW NO. 2018 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280-13 Accessory Apartments in Accessory Structures" BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. To provide more Affordable Housing opportunities within the Town of Southold. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: § 280-13 Use regulations. [Amended 3-14-1989 by L.L. No. 3-19891 In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part of a building shall,be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as special exception by the Board of Appeals, as hereinafter provided, and, except for the uses set forth in Subsections B(1), (13) and (14) hereof, are subject to site plan approval by the Planning Board: [Amended 3-14-1989 by L.L. No. 3-1989; 5-20-1993 by L.L. No. 6-1993; 12-21-1993 by L.L. No. 3-1989; 11-29-1994 by L.L. No. 26-1994; 12- 27-1994 by L.L. No. 30-1994; 2-7-1995 by L.L. No. 3-1995; 11-12-1996 by L.L. No. 20- 1996; 11-12-1997 by L.L. No. 26-1997; 12-8-1998 by L.L. No. 26-1998; 10-25-2005 by L.L. No. 18-2005; 6-15-2010 by L.L. No. 2-2010] Southold Town Board Regular Meeting April 10, 2018 page 49 (13)One accessory apartment in a lawfully existing detached accessory garage, barn or storage building, subject to the following requirements: (a) The accessory apartment shall contain no less than 450 square feet and shall not exceed 750 square feet of livable floor area and shall have no more than one bathroom. (b) A minimum of three off-street parking spaces shall be provided on premises. (c) Not more than one accessory apartment shall be permitted on a lot. (d) The accessory apartment shall meet the requirements of an apartment as defined in § 280-4 hereof. (e) The entirety of the living floor area of the accessory apartment must be on one floor of the accessory structure. (1) 111V UV VVJJVl J', JLI UVLUIV VV111Vh is , in whole or in , to pem an uV VVJJ Vi' Ui,J u1 L111 Vl11 J11U11 VV 111 VAIJ LVIIVV U11U VV eligible yalid^er-ti ate of E)ee dpr-iofto January 1, 2008.-[Amendcc (f) The existing accessory structure shall comply with all other requirements of this chapter. (g) Approval of the Suffolk County Department of Health Services of the water supply and sewage disposal systems shall be required. ' (h) No bed-and-breakfast facilities, as authorized by § 280-13B(14) hereof shall be permitted in or on premises for which an accessory apartment is authorized or exists. (i) Occupancy of resident structures on the premises shall be subject to the issuance of an annual rental permit in accordance with § 280-13D and the following requirements: [1] The owner of the premises shall occupy either the existing single-family dwelling unit or the accessory apartment in the detached accessory structure as the owner's principal residence. The other dwelling unit shall be leased for year-round occupancy evidenced by a written lease for a term of one or more years to: [a] A family member; or [b] To a resident who is currently on the Southold Town Affordable Housing Registry and eligible for placement. [2] Rents charged to a resident on the Affordable Housing Registry shall not exceed the rent established by the Town Board annually pursuant to § 280-30(F) of this Code. [3] No accessory apartment shall be occupied by more than the number of persons permitted to occupy the dwelling unit under Section 404 of the Property Maintenance Code of the New York State Uniform Fire Prevention and Building Code. [4] An accessory apartment shall only be occupied or otherwise utilized in accordance with the certificate of occupancy issued for the dwelling unit. (j) The Chief Building Inspector, Zoning Inspector, and Town personnel who Southold Town Board Regular Meeting April 10, 2018 page 50 are engaged in the enforcement of the provisions of this chapter are authorized to make or cause to be made inspections to determine compliance with this chapter and are authorized to enter upon any property for the purpose of said inspections. (k) No special Exception shall be granted unless the Zoning Board of Appeals, in addition to the considerations, determinations and findings required in §§ 280-142 and 280-143, specifically finds and determines the following: [1] That therantin the he Special Exception will not adverselypact the privacy and use and enjoyment of any adjoining parcel. [2] That therg anting of the Special Exception will not adversely impact the character of the neighborhood in which it is located. [3] That the cumulative effect of approving the present application along with previously pproved applications will not have a cumulative adverse impact on the surrounding neighborhood. [4] That the cumulative effect of approving the present application along with previously approved applications will not have a cumulative adverse impact on the school district in which the property is located. [5] That sufficient off-street parking exists on the subject property to accommodate the proposed accessory apartment. [6] Whether adequate buffer yards and screening can and will be provided to protect adjacent properties possible detrimental impacts of the proposed use. § 280-15 Accessory buildings and structures. [Amended 4-10-1990 by L.L. No. 6-1990; 7-17-1990 by L.L. No. 14-1990; 2-5-1991 by L.L. No. 2-1991; 12-22-1992 by L.L. No. 33-1992; 1-16-2007 by L.L. No. 2-2007; 4-22-2008 by L.L. No. 3-20081 In the Agricultural-Conservation District and Low-Density Residential R-80, R-120, R-200 and R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear yard, subject to the following requirements: A. Buildings with a flat or mansard roof shall not exceed 16 feet in height and shall be set back at the minimum required for a sloping roof. B. Buildings with a sloping roof shall be subject to the following height and setback limitations: Lot Size (square feet) Maximum Height (feet) Minimum Setback for Side and/or Rear Yard (feet) Less than 10,000 18 3 Less than 10,000 20 5 Less than 10,000 22 10 10,000 - 19,999 18 5 Southold Town Board Regular Meeting April 10, 2018 page 51 10,000 - 19,999 20 15 10,000 - 19,999 22 20 20,000 - 39,999 18 10 20,000 - 39,999 20 15 20,000- 39,999 22 20 40,000 - 59,999 22 15 60,000 -79,999 22 20 80,000 and over 22 25 C. Such buildings shall not exceed 660 1,000 square feet on lots containing up to 20,000 square feet and shall not exceed 7-50 1,200 square feet on lots 20,000 square feet to 60,000 square feet. On lots over 60,000 square feet, no accessory building'shall exceed 3% of the total size of the parcel. D. Dormers are permitted on accessory buildings up to 40 80% of the roof width. This restriction shall not apply to buildings receiving a certificate of appropriateness from the Town of Southold Historic Preservation Commission pursuant to Chapter 170 of the Town Code. E. Any accessory structure that is not a building shall not exceed 18 feet in height and shall be set back at the minimum required in Subsection B above. F. In the case of a waterfront parcel, accessory buildings and structures may be located in the front yard, provided that such buildings and structures meet the front-yard principal setback requirements as set forth by this Code, and the side yard setback requirements for accessory buildings in Subsection B above. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or'invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. I do have a signed affidavit here that this has been noticed on the Town Clerk's bulletin board, as well as in the Suffolk Times. A letter from the Suffolk County Department of Economic Development and Planning, that this is a matter for local determination, there is'no apparent county-wide or significant impacts. A decision of local determination should not be construed as either an approval or disapproval. And that's it. Supervisor Scott A. Russell SUPERVISOR RUSSELL: I would invite anybody that would like to address the Town Board on this local law to please feel free? Ralph Vivinetto, Southold RALPH VIVINETTO: I am Ralph Vivinetto from Southold. And we are here, my neighbors Southold Town Board Regular Meeting April 10, 2018 page 52 and other neighbors concerned what is going to be in here, they started cutting trees down and we just want some information so I guess you just gave it to us April 10, so should I address my.... SUPERVISOR RUSSELL: Oh, the information for? MR. VIVINETTO: For the low housing, right here on Wells Avenue. SUPERVISOR RUSSELL: There is no proposal for housing. You are talking about the vacant lot that is across from Feather Hill? MR. VIVINETTO: Yes. SUPERVISOR RUSSELL: There is no proposal for housing on that lot, that was actually recently purchased by a developer. I am unaware of him having any specific goals. There had been proposals over the years for senior housing there but it wouldn't be addressed by the, this particular amendment that we are making. This if for residential properties and it would be for one accessory apartment per property. MR. VIVINETTO: So what you are saying is there is nothing being built there? SUPERVISOR RUSSELL: He had asked for permission from the town to clear some of the dead wood, some of the trees and that's all he did but we have no application pending. MR. VIVINETTO: So as far as you know, there is nothing going on? SUPERVISOR RUSSELL: Nothing going on. MR. VIVINETTO: That's good for me. Thank you. SUPERVISOR RUSSELL: Okay. Who else would like to address the Town Board on this particular local law? Clement Charnews,Southold CLEM CHARNEWS: Hi, my name is Clem Charnews, good evening. On the accessory apartments, I don't know if this is the right forum but I do have some questions. SUPERVISOR RUSSELL: Sure. MR. CHARNEWS: One is I didn't quite catch the deal on the CO. My building has never had a CO, they are 150 years old. Is that an issue? SUPERVISOR RUSSELL: It shouldn't be. I would defer all the issues of the CO to the chief building inspector. Under the legislation previously, the house, the garage needed to be CO'd I think 5 years prior or cutoff date of 2008 and what we did was we eliminated that as a requirement. Southold Town Board Regular Meeting April 10, 2018 page 53 MR. CHARNEWS: I thought so. SUPERVISOR RUSSELL: So you can come in and get a new CO based on the construction. MR. CHARNEWS: So I have been watching this a little bit, I have a couple more questions, I don't know if this is the right forum... SUPERVISOR RUSSELL: No, please. MR. CHARNEWS: Number one is from what I understand there is a list, you know, if you don't have a family member to rent the apartment you have a list or somebody here has a list. How is this list originated, you know, what is the criteria? SUPERVISOR RUSSELL: Sure. We have an affordable housing registry and the registry is created by following income guidelines that are established by the town each year. there's probably right now 147 names. It's very outdated because it's an older list and one of the problems is, when you go to canvas to say update the list, people lose interest because they applied to be on the list year after year and when nothing gets built, their interest starts to wane. But generally speaking, there's criteria, there's a hierarchy, town residents, certain income criteria and all of those things get followed. You don't have to be on the list to rent to someone, they just need to qualify for that criteria. MR. CHARNEWS: Oh, if I know someone that is not on that list and they happen to qualify as being local or.... JUSTICE EVANS: They do have to get put on the list. SUPERVISOR RUSSELL: They have to qualify for the criteria on the list but yes, if you have someone you want to rent to and as long as they can come in and meet the criteria to be on the list, then yes, you can rent to them. MR. CHARNEWS: And one other thing because I didn't see this in your literature, I guess, is the rents controlled by some degree? SUPERVISOR RUSSELL: Yes, the rents are established by town code each year, I can give you, I should have brought it with me tonight but I didn't, I am sorry but the rents themselves aren't necessarily aren't inconsistent, probably less but not substantially less than what the current market rent would be on the apartment anyway. MR. CHARNEWS: So would a 450 square foot apartment rent for the same thing as a nice new 700 square foot apartment? SUPERVISOR RUSSELL: No. No. The size of the, size of the number of bedrooms would change the rent that's allowed to be collected, the occupancy in terms of how many family members,just as a benchmark. There's a proposal in Greenport right now, I am not saying it's Southold Town Board Regular Meeting April 10, 2018 page 54 going forward, I am just saying in that particular case, I think it's some 40 apartments. The studio would rent for about $900 a month and then that goes up based on size and family, the size of the family to about I believe $1,60041,700. MR. CHARNEWS: Okay. So if I have any more of these kinds of questions, where do I find the details, who do I talk to in Town Hall? SUPERVISOR RUSSELL: Sure, Denis Noncarrow is located right in my office. He would be in charge of overseeing the affordable housing program. It's 765-1889, Denis. You can call me if you want and I will make sure he gets the message. MR. CHARNEWS: Terrific. Thank you very much. SUPERVISOR RUSSELL: Who else would like to address the Town Board on this local law? Ural Talgat, Greenport URAL TALGAT: Hi. My name is Ural Talgat, I am an architect, living and working in town. I also didn't know all the particulars about the law, so I came in here with a different kind of vision about what this law was about. But I also want to point out a couple of things to the board because back in 2002, I was asked to participate in a law about controlling density and something called McMansions and accessory structures were part of that. I would like to show the town board a couple of pieces of paper... SUPERVISOR RUSSELL: Please. MR. TALGAT: These are structures that'meet the current law and these are structures that meet the proposed law in terms of size. As an architect, this is (inaudible) and doesn't need to be revamped in order to move into the next realm of law and if you guys can pass that along, you can see the difference as an architect (inaudible). This is also a offset of buildings with the existing law as it stands today. Each one of those pictures demonstrate a size, a volume, building on a piece of property and I guess I am very sensitive to that because I look out my kitchen window and I can see the sky. When you have accessory structures that are placed to the property line that then limits the view to the sky, I have a problem with that. Part of, I have a couple of things here that were written back in 2002 regarding accessory structures. I would like to also give this to the board, it's my own copy so if you could just give them back to me, but if you can review them and understand what it means to have a larger volume space, to me what that means is, when I studied that and when we came up with the notion of dormer size, dormer width of 40 % versus 80 % of what the code wants to go to that would mean an extra bedroom and to us, an extra bedroom is wonderful, it's fine but in the middle of summer when everyone is out here, that extra bedroom also means an extra car on the road and trying to get from where I live to the LIE, it used to take me an hour and 45 minutes to go into Queens, now it takes me two hours to go into Riverhead to get to the LIE, so if you were adding more cars on the roads with more volume of accessory structures, our time limit of driving during peak periods is going to be so much more. And I am afraid to think, three hours driving from Greenport to the LIE? That's a little bit much. Now this was in 2002, back then the commute was fine but somewhere Southold Town Board Regular Meeting April 10, 2018 page 55 between 2002 and 2018, the traffic has increased tremendously and this has to do with the density on a piece of property and by adding an extra bedroom to already a single family parcel, that's an extra car. And if we say for example, today or next year we allow 100 of these applications to go forward and year after year, you add to that, that's 500 more cars on the road in a total of five years. Now that traffic to the LIE, given the two byways we have, the Main Road and the North Road, if one of those byways closes down, the commute is going to be crazy. I am sure everyone here has sat in traffic trying to get from point A to point B, we try to avoid it, not traveling during those periods in time but if you can just imagine, on a Sunday afternoon you need to get to Stony Brook University and those roads are just inundated by traffic, that's going to be a burden to all of us here. So I would like the Board to consider that, it's for our future and our future so far back in 2002 to today has been kind of a burden for us who live and work here, I can't just imagine in 15 years what that's going to be. I just want the Town Board to kind of look through the paperwork and think about those issues. I wonder when we go in front of a Planning Board to do a project, a commercial project, traffic studies are required, sometimes. H as a traffic study been required on a law like this? SUPERVISOR RUSSELL: No, it hasn't. MR. TALGAT: And I think it's important, a traffic study is important. This kind of law will take the population on the road and I am just afraid. That's it. Thank you. SUPERVISOR RUSSELL: I just want to address one thing with regard to the population. It's very narrow on who can live in the apartment and they are already living here. A family member is already part of the town, his car is already on the road. MR. TALGAT: Yes, but a friend can always call up and say hey, it's a wonderful weekend, why don't you come out from the city or wherever you are coming out from, that's an extra car, an extra bedroom. An extra bedroom means an extra car, driving out here. SUPERVISOR RUSSELL: It would also void the terms for the ZBA approval and they could have it revoked. MR. TALGAT: Alright, okay, but it's a friend for the night. you are spending the night, you are going to go back, again, it's cars on the road for the weekend. It affects my life, it affects everybody's life here. Thank you. SUPERVISOR RUSSELL: Thank you. Who else would like to address the Town Board on this particular local law? Bill Gillooly, Orient BILL GILLOOLY: Bill Gillooly from Orient. I hadn't intended to speak and I really don't have a prepared statement but I am more concerned not about traffic, not about the LIE and getting to Queens or to Stony Brook, I am concerned about the fact that the Town of Southold graduates between 150 and 200 kids a year from the schools in Mattituck and Southold and Greenport, having been a lifelong resident here, I am concerned about the fact with prices going up, kids are having an awful hard time staying here and if we can get them started here, I don't think they Southold Town Board Regular Meeting April 10, 2018 page 56 will be going up island, I hope they will be going into the Greenport IGA for their needs, I hope that parents that have lived here all their lives, will find a way by either renting to their child or trading houses with their child, moving into a smaller unit, that they will be able to stay here. Maybe have a small income and maybe be able to offset some of the other expenses that are going on in Southold Town. I applaud the Board for looking into this, for considering it and I hope that you have other ideas that are as good as this for the future. Thank you. Supervisor Russell SUPERVISOR RUSSELL: Thank you. Who else would like to address the Board on this particular hearing? (No response) Closing Comments Supervisor Russell SUPERVISOR RUSSELL: Would anybody like to address the Town Board on any issue? Please. Matilda Busana, Southold MATILDA BUSANA: My name is Matilda Busana and I am here with my wife Bronwyn Guthrie. We reside at 1360 South Harbor Road in Southold. I just wonder if the Supervisor or anybody can enlighten us what the situation is with Croteau Vineyards? We are their neighbors. As Mr. Croteau has let it be known that he actually intends to trade, to be open this summer. Now in light of the ZBA determination, July 6, 2017, for all intents and purposes Mr. Croteau is not to open and trade. So I have been trying to get a response from the town and I haven't gotten one, so I wonder if someone can please enlighten us, so that we can brace ourselves or not to the traffic and disturbance of the summer? SUPERVISOR RUSSELL: Sure. I have to be limited, I will address the larger issue but then I have to be limited for legal reasons. Actually the decision of the Zoning Board of Appeals which didn't permit it is the law of the land. That decision however has been challenged in court. There is no resolution, that hasn't been adjudicated yet, so that hasn't gone before a judge yet. But in the current climate,the ZBA said you can't operate, you can't operate. MS. BUSANA: So why does he think he can and he wants our support to open? Because he was told by the town that if we don't complain, then he can open and sell out and go on until the end of the summer. SUPERVISOR RUSSELL: I do not know, he might be addressing the issues that were raised at the ZBA level. Again, don't forget, he has appealed that. There's issues that need to be worked out legally. What we have for the time being is the ZBA decision that says he can't open. But I really need to more limited and I will defer to Bill at this point. MS. BUSANA: Sure, that's fine. So does that mean that he can't open? I will repeat again, why is he coming to us and saying the town has said that if you neighbors don't complain, I can trade? Is that right? Southold Town Board Regular Meeting April 10;2018 page 57 SUPERVISOR RUSSELL: Yes, no, inaudible. MS. BUSANA: It's not right. That puts us in the position now that we are the adjudicators and we would have thought that after the ZBA determination, an order would have been issued to Mr. Croteau to say, you know like the lealth department puts something on your window, to say you can no longer trade. So it sorts of uts the responsibility back on us which we didn't think we had. We are taxpayers, we are not embers of the Board. TOWN ATTORNEY DUFFY: His attorney has made attempts to get permission from the town to open and he has been rejected by the own... MS. BUSANA: Well, I wish somebod3 would tell Mr. Croteau so he doesn't come to us and try to blackmail us into a position of allowing him to trade. Will somebody please tell Mr. Croteau that he is not to open this summer? TOWN ATTORNEY DUFFY: Well, we can't talk to him directly but we can advise his counsel. We did hear that he had plans to open, I contacted his attorney and instructed him that if he tried to open without proper approvals that we would act swiftly on it. MS. BUSANA: So could anybody please help us in helping us decide what our position is and what we should do in response? TOWN ATTORNEY DUFFY: I will all you tomorrow, I will call his attorney tomorrow too and tell him to leave you alone. MS. BUSANA: I think you have my contact, Mr. Duffy, don't you? TOWN ATTORNEY DUFFY: Yes, I do. MS. BUSANA: Okay, thank you very much. Supervisor Russell SUPERVISOR RUSSELL: Who else would like to address the Town Board on any issue? (No response) Motion To: Adjourn Town Board Meeting Southold Town Board Regular Meeting April 10, 2018 page 58 RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 8:21 P.M. &OAL Eli roA eth A.Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell