HomeMy WebLinkAboutAG-11/20/2018
ELIZABETH A. NEVILLE Town Hall, 53095 Main Road
TOWN CLERK PO Box 1179
Southold, NY 11971
REGISTRAR OF VITAL STATISTICS Fax (631) 765-6145
MARRIAGE OFFICER Telephone: (631) 765 - 1800
RECORDS MANAGEMENT OFFICER www.southoldtownny.gov
FREEDOM OF INFORMATION OFFICER
AGENDA
SOUTHOLD TOWN BOARD
November 20, 2018
4:30 PM
POLICY: At scheduled Town Board meetings, the attending public is encouraged to briefly
address the Town Board relating to agenda resolutions prior to their enactment; the public will
also be given time at the conclusion of the regularly scheduled business agenda to address the
Board on any given topic.
ONLINE ACCESS: The Agenda is generally available the Friday before the meeting. The
video of the meeting is usually available 1-2 hours after the meeting. Minutes with adopted
resolutions are available 1-2 days after the meeting. A full copy of the minutes, agenda and
meeting video can be viewed in one of two ways:
(1) The town of Southold website: www.southoldtownny.gov Click on “Town Board On-
Line”; Click Box “Yes” to be redirected to IQM2 and you will then be redirected to the Town
Clerk online site.
(2) www.townclerk.com Enter zip code 11971 in box on lower right hand side and “enter”.
On the left hand side of screen a dark blue box will pop up, you will see "Town of Southold,
Long Island, NY", click on this and another box will pop up that will tell you that you are being
directed to another site click on “Yes” to go into the Town Clerk site.
Go to the date of the meeting and click on "Minutes Packet" this is the full copy of the
resolutions. (Scroll to bottom of page for KEY to symbols). You can view the live video of the
meeting by clicking on the camera symbol. All of this information is available 24/7.
If you would like help navigating the site, please feel free to call my office 631-765-1800.
CALL TO ORDER
4:30 PM Meeting called to order on November 20, 2018 at Meeting Hall, 53095 Route 25,
Southold, NY.
Attendee Name Present Absent Late Arrived
Councilman James Dinizio Jr
Councilman William P. Ruland
Councilwoman Jill Doherty
Councilman Robert Ghosio
Justice Louisa P. Evans
Supervisor Scott A. Russell
Southold Town Meeting Agenda - November 20, 2018
Page 2
I. REPORTS
1. Justice Court Reports
October 2018
2. Planning Board Monthly Report
October 2018
3. Trustees Monthly Report
October 2018
II. PUBLIC NOTICES
III. COMMUNICATIONS
IV. DISCUSSION
1. 9:00 AM Michael Collins and Jamie Richter
re: Recent Rescinding of the Long Island Pathogen TMDL's by the DEC
2. 9:15 AM Denis Noncarrow, Michael Collins and Jeff Standish
re: Project Updates
3. 9:30 AM Jeff Standish, Tim Abrams and Michael Collins
re: Funding for Mechanical Work at the Town Hall Annex Building
4. Councilman Ruland
re: Fleet Management Update
5. Discussion of Transportation Commission Recommendations:
1. Repositioning of the Southold Bus Shelter
2. Traffic Calming Measures from Greenport to Orient Point Ferry
3. DOT Traffic Control Light for Route 25 at Oaklawn Avenue
6. Formal Request from Supervisor Russell for Rental Code Vote
7. EXECUTIVE SESSION Proposed Lease of Property Where Publicity Could Affect the
Value Thereof
10:45 AM Councilman Ghosio, Michael Collins and Jamie Richter
8. EXECUTIVE SESSION Potential Litigation
11:15 AM Councilman Ghosio, Jeff Standish and Craig Jobes
9. EXECUTIVE SESSION Labor-Matters Involving the Employment of a Particular
Corporation
11:45 AM Jim Bunchuck
Southold Town Meeting Agenda - November 20, 2018
Page 3
10. EXECUTIVE SESSION Labor-Matters Involving the Employment of a Particular
Person(S)
V. RESOLUTIONS
2018-988
CATEGORY: Audit
DEPARTMENT: Town Clerk
Approve Audit
RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated
November 20, 2018.
Vote Record - Resolution RES-2018-988
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
James Dinizio Jr
Tabled
Withdrawn
William P. Ruland
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2018-989
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, December 4, 2018 at Southold Town Hall, 53095 Main Road, Southold, New York at
7:30 P. M..
Vote Record - Resolution RES-2018-989
Adopted
Yes/Aye No/Nay Abstain Absent
Adopted as Amended
James Dinizio Jr
Defeated
William P. Ruland
Tabled
Withdrawn
Jill Doherty
Supervisor's Appt
Robert Ghosio
Tax Receiver's Appt
Louisa P. Evans
Rescinded
Southold Town Meeting Agenda - November 20, 2018
Page 4
Town Clerk's Appt
Scott A. Russell
Supt Hgwys Appt
No Action
Lost
2018-990
Tabled 11/7/2018 7:00 PM
CATEGORY: Enact Local Law
DEPARTMENT: Town Clerk
Enact LL - Rental Permit
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk
th
County, New York, on the 25 day of September, 2018, a Local Law entitled “A Local Law in
relation to Rental Permits” and
WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid
Local Law at which time all interested persons were given an opportunity to be heard, now
therefor be it
RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local
Law entitled, “A Local Law in relation to Rental Permits” reads as follows:
LOCAL LAW NO. 2018
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. A new Chapter 207 of the Code of the Town of Southold, A Local Law entitled, “A
Local Law in relation to Rental Permits”
§ 207-1 Legislative intent.
A. The Town Board of the Town of Southold has determined that there exists in the
Town of Southold serious conditions arising from non-owner occupied rental of
dwelling units in one, two and three family and multiple dwellings that are
substandard or in violation of the New York State Uniform Fire Prevention and
Building Code, Building Rehabilitation Code, Electrical Code, Fire Prevention Code,
Plumbing Code, and other codes and ordinances of the Town. Many of these dwellings
are inadequate in size, overcrowded and dangerous, and such dwelling units pose
hazards to life, limb and property of residents of the Town and others, tend to
promote and encourage deterioration of the housing stock of the Town, create blight
and excessive vehicle traffic and parking problems and to overburden municipal
services. The Board finds that current Code provisions are inadequate to halt the
Southold Town Meeting Agenda - November 20, 2018
Page 5
proliferation of such conditions and that the public health, safety, welfare and good
order and governance of the Town will be enhanced by enactment of the regulations
set forth in this chapter.
B. Nothing herein shall be interpreted to supersede any requirements contained in
Chapter 280, Chapter 100 or any other chapter of the Town Code of the Town of
Southold.
§ 207-2 Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
CODE ENFORCEMENT OFFICIAL - The official who is charged by the Town Board
with the administration and enforcement of this chapter, or any duly authorized
representative of such person, including but not limited to the Building Inspector,
Chief Building Inspector, Principal Building Inspector, Senior Building Inspector,
Building Permits Examiner, Zoning Inspector, Electrical Inspector, Plumbing
Inspector, Fire Marshal, Fire Marshal I, Fire Marshal II, Chief Fire Marshal, Town
Investigator, Senior Town Investigator, Ordinance Enforcement Officer or
Ordinance Inspector of the Town of Southold, Stormwater Manager, Town
Engineer and such person(s) shall be certified as a New York State Code
Enforcement Official; Code Enforcement Officer.
DWELLING - A building designed exclusively for residential purposes.
DWELLING, MULTIPLE-FAMILY - A building, other than an apartment house,
designed for and occupied as a residence by three or more families living independently of
each other.
DWELLING, ONE-FAMILY - A detached building designed for and occupied exclusively
as a home or residence by not more than one family.
DWELLING, TWO-FAMILY - A building arranged, designed for or occupied exclusively
as a home or residence for not more than two families living independently of each other.
DWELLING UNIT - A single unit within a building or structure providing complete
independent living facilities for one or more persons, including permanent provisions for
living, sleeping, eating, cooking and sanitation.
IMMEDIATE FAMILY - The immediate family of the owner of a housing unit consists of
the owner's spouse, domestic partner, children, parents, grandparents or grandchildren,
siblings, uncles, aunts, nieces, nephews, cousins and in-laws.
OWNER - Any person, partnership, corporation or other entity who, alone or jointly with
others, shall have legal title to any premises, with or without accompanying actual
Southold Town Meeting Agenda - November 20, 2018
Page 6
possession thereof; or who shall have charge, care or control of any dwelling unit as a
cooperative shareholder or as executor, administrator, trustee, receiver or guardian of the
estate or as a mortgagee in possession, title or control; including but not limited to a bank
or lending institution, regardless of how such possession, title or control was obtained.
RENT - A return, in money, property or other valuable consideration (including payment
in kind or for services or other thing of value), for use and occupancy or the right to use
and occupancy of a dwelling unit, whether or not a legal relationship of landlord and
tenant exists between the owner and the occupant or occupants thereof.
RENTAL DWELLING UNIT - A dwelling unit established, occupied, used or maintained
for rental occupancy
RENTAL OCCUPANCY - The occupancy or use of a dwelling unit by one or more persons
as a home or residence under an arrangement whereby the occupant or occupants thereof
pay rent for such occupancy and use.
RENTAL OCCUPANCY PERMIT - A permit which is issued upon application to the Code
Enforcement Officer designated by the Town Board with the administration of this
Chapter and shall be valid for 24 months from the date of issuance.
§ 207-3 Fees.
Rental Permit fees shall be set by the Town Board by resolution.
§207-4 Smoke detectors and carbon monoxide detectors.
Each rental dwelling shall be equipped with functioning smoke detectors and carbon
monoxide detectors, in compliance with New York State Uniform Fire Prevention and
Building Code.
§207-5 Inspections.
A. No permit shall be issued under any application unless the rental dwelling unit has a
valid Certificate of Occupancy or Pre-Certificate of Occupancy.
B. The Code Enforcement Official is authorized to make or cause to be made inspections,
to determine the condition of dwellings and to safeguard the health, safety, and
welfare of the public. The Code Enforcement Official or his designated representative
is authorized to enter the subject premises upon the consent of the owner.
C. Search without warrant restricted. Nothing in this chapter, except for provisions
concerning emergency inspections, shall be deemed to authorize the Code
Enforcement Official or his authorized representative to conduct an inspection of any
premises subject to this chapter without the consent of the owner of the premises or
without a warrant duly issued by an appropriate court.
D. Conflict with other chapters or law. Nothing in this chapter shall be construed to
Southold Town Meeting Agenda - November 20, 2018
Page 7
negate the authority for inspections pursuant to any other section of law or court-
ordered inspection.
E. Presumption of rent. Any dwelling, dwelling unit, rooming house, rooming unit or any
other premises subject to this chapter shall be presumed to be rented for a fee and a
charge made if said premises are not occupied by the legal owner thereof. This
presumption shall be rebuttable.
§207-6 Application for search warrant.
The Code Enforcement Official or his designated representative is authorized to make
application to the Town of Southold Justice Court or Supreme Court of Suffolk County, or
any court of competent jurisdiction, for the issuance of a search warrant in order to
conduct an inspection of any premises covered by this chapter where the owner refuses or
fails to allow an inspection of its rental premises and where there is reasonable cause to
believe that a violation of this chapter has occurred. The application for a search warrant
shall in all respects comply with the applicable laws of the State of New York.
§207-7 Rental permit required.
A. It shall be unlawful for any rental occupancy to exist in any dwelling without the
owner's first having obtained a rental permit from the Code Enforcement Official.
(1) It shall be an affirmative defense to a violation of Subsection A of this section that
the rental occupant or occupants is/are immediate family members of the owner
of the subject premises, as defined in this chapter.
B. Rental permit application requirements.
(1) Rental permit applications shall be in writing on a form provided by the Town and
shall include the owner's name, address and telephone number.
(2) Rental permits applications shall contain a description of the unit, including the
number of rooms in the rental dwelling unit, and the dimensions and use of each
such room shall be included. The name, address and telephone number, if any, of
the managing agent or operator of each such intended rental dwelling unit shall be
included
(3) Rental permits applications shall include the maximum number of persons that are
being requested to occupy the rental dwelling unit.
(4) All applicants for a rental permit shall sign an affidavit stating that they have
received a copy of and fully understand this Chapter of the Southold Town Code.
(5) All applicants must submit the following documents:
(a) Copies of all certificates of occupancy and/or pre-certificates of
occupancy for the rental dwelling unit;
(b) An affidavit setting forth the address to be used as the last known
address of the owner for service pursuant to all applicable laws and
rules. The owner shall notify the Code Enforcement Official of any
change of address submitted pursuant to this section within five
business days of any change thereto, and ;
Southold Town Meeting Agenda - November 20, 2018
Page 8
(c) Inspection report. The owner of the rental dwelling unit shall (1)
arrange for an inspection of the unit or units and the premises on
which the same are located by the Code Enforcement Official or his
designee employed by the Town of Southold, or (2) provide to the
Code Enforcement Official an inspection report, on a form provided
by the Town, signed by either a New York State licensed professional
engineer, New York State licensed architect or home inspector who
has a valid New York State Uniform Fire Prevention Building Code
certification that the structure and the dwelling units contained
therein meet all applicable housing, sanitary, building, electrical and
fire codes, rules and regulations.
(6) Each application shall be executed and sworn to by the owner of the premises.
(7) All rental properties containing eight or more rental units shall provide for a
designated site manager, who shall be available to address and resolve any issues with
the property 24 hours a day. The owner of the property must file the manager's
address, telephone number and other contact information with the Code Enforcement
Official within five days of the designation of the manager or any changes thereto.
C. Notwithstanding the above, no rental occupancy permit shall be required for a
residential care facility licensed under federal, New York State or Suffolk County
guidelines.
D. Renewal of rental permits.
(1) A renewal rental permit application signed by the owner shall be completed and
filed with the Code Enforcement Official at least 90 days prior to the expiration
date of any valid rental permit. A renewal rental permit application shall contain a
copy of the prior rental permit.
(2) Prior to the issuance of a renewal rental permit, the owner shall cause an
inspection of the unit or units and the premises pursuant to 207-7 B(5c) above.
(3) The Town of Southold shall not accept, review or approve any renewal rental
application for a rental dwelling unit dwellings wherein the prior rental permit
expiration date has passed. If the expiration date has passed, the owner must file a
new application.
§207-9 Revocation of permit.
A. The Code Enforcement Official may revoke a rental occupancy permit where he or
she finds that the permit holder has caused, permitted, suffered or allowed to exist and
remain upon the premises for which such permit has been issued, for a period of 14
business days or more after written, return receipt requested notice and opportunity
to be heard has been given to the permit holder, or the managing agent of such rental
dwelling unit, a violation of the Multiple Residence Law and/or New York State
Uniform Fire Prevention and Building Code or a violation of this chapter or other
chapter of the Town Code. Revocation of a permit under this subsection cannot be
done by a devisee or assistant of the Code Enforcement Official.
Southold Town Meeting Agenda - November 20, 2018
Page 9
B. An appeal from such revocation may be taken by the permit holder to the Town
Board, by written request, made within 30 days from the date of such revocation. The
Town Board shall hold a public hearing on such appeal after receipt of written request
of such appeal, and after such hearing shall make written findings and conclusions
and a decision either sustaining such permit revocation or reinstating such permit
within 30 days after close of such public hearing. Unless the Town Board directs
otherwise in circumstances constituting serious threats to health and safety, the filing
of an appeal shall stay the effectiveness of a permit revocation until the Town Board
has considered and ruled upon the issue.
C. Any permit holder that takes an appeal to the Town Board from the revocation of a
rental permit shall be required to pay an administrative fee $200.00 to the Town Clerk
with the written request for the appeal.
§207-10 Broker's/Agent's responsibility.
A. Broker's/Agent's responsibility prior to listing. No Real Estate Broker or agent shall
list or otherwise advertise, or offer for lease any rental dwelling unit for which a
current rental permit has not been issued by the Code Enforcement Official.
§207-11 Enforcement.
This chapter shall be enforced by the Code Enforcement Officer as defined by this chapter.
§207-12 Penalties for offenses.
A. Any person, association, firm or corporation that violates any provision of this chapter
or assists in the violation of any provision of this chapter shall be guilty of a violation,
punishable:
(1) By a fine not less than $500 and not exceeding $5,000 or by imprisonment for
a period not to exceed 15 days, or both, for conviction of a first offense.
(2) By a fine not less than $1,000 nor more than $10,000 or by imprisonment for
a period not to exceed 15 days, or both, for conviction of the second of the
two offenses, both of which were committed within a period of five years.
B. Each week's continued violation shall constitute a separate additional violation.
C. This section is enacted pursuant to Municipal Home Rule Law § 10(1)(ii) a(9-a) and §
10(1)(ii)d(3) and pursuant to § 10(5) of the Statute of Local Governments, and is
intended to supersede Town Law § 268 and any other statute or local law to the extent
necessary to increase the minimum and maximum penalties contained therein.
Southold Town Meeting Agenda - November 20, 2018
Page 10
§207-13 Implementation.
II. Severability.
If any clause, sentence, paragraph, section or part of this chapter shall be adjudged by any
court of competent jurisdiction to be invalid, such judgment shall not affect, impair or
invalidate the remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, section or part thereof directly involved in said judgment.
III. Effective Date.
This chapter shall be effective upon filing with the Secretary of State. However, in order to
afford property owners a sufficient amount of time to apply for and obtain a rental permit
as set forth herein, no violation of this chapter will be charged prior to August 1, 2019 and
no violation for failure to obtain a permit shall be issued to a person or entity that:
A. Has filed the necessary application in proper form with all required information
and attachments on or before August 1, 2019, and;
B. Has not received a final determination on the application on the application for
reasons over which the applicant has no control.
Vote Record - Resolution RES-2018-990
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
James Dinizio Jr
Tabled
Withdrawn
William P. Ruland
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2018-991
CATEGORY: Budget Modification
DEPARTMENT: Information Technology
Move Funds to Supplement Unexpected Increases in Certain Maintenance Account Costs
Financial Impact:
Information Technologies Budget Modification
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 budget as
Southold Town Meeting Agenda - November 20, 2018
Page 11
follows:
From:
A.1680.4.200.100 Data, Voice, Internet SVC $2,600.00
Total $2,600.00
To:
A.1680.4.200.300 Internet Service $1,000.00
A.1680.4.400.350 Server Maintenance 1,200.00
A.1680.4.400.352 Printer Maintenance 400.00
Total $2,600.00
Vote Record - Resolution RES-2018-991
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
James Dinizio Jr
Tabled
Withdrawn
William P. Ruland
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2018-992
CATEGORY: Employment - Town
DEPARTMENT: Accounting
Appoint Karen Pierzchanowski Full Time Office Assistant
RESOLVED that the Town Board of the Town of Southold hereby appoints Karen
Pierzchanowski to the position of a full-time Office Assistant for the Human Resource Center,
effective December 3, 2018, at a rate of $38,703.16 per year, pending background search
completion.
Vote Record - Resolution RES-2018-992
Adopted
Yes/Aye No/Nay Abstain Absent
Adopted as Amended
James Dinizio Jr
Defeated
William P. Ruland
Tabled
Withdrawn
Jill Doherty
Supervisor's Appt
Robert Ghosio
Tax Receiver's Appt
Louisa P. Evans
Rescinded
Southold Town Meeting Agenda - November 20, 2018
Page 12
Town Clerk's Appt
Scott A. Russell
Supt Hgwys Appt
No Action
Lost
2018-993
CATEGORY: Refund
DEPARTMENT: Town Clerk
Refund of Disposal Permit
RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund to the
following individual(s) in the amount of $15.00 for the purchase of an additional resident
disposal permit:
Robert Morris
204 Huntington Street, apt #3E
Brooklyn NY 11231
Vote Record - Resolution RES-2018-993
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
James Dinizio Jr
Tabled
Withdrawn
William P. Ruland
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2018-994
CATEGORY: Ratify Fishers Island Reso.
DEPARTMENT: Fishers Island Ferry District
FIFD 10/29/18 Meeting Resolution Ratifications
RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the
resolutions of the Fishers Island Ferry District Board of Commissioners dated October 29, 2018,
as follows:
Southold Town Meeting Agenda - November 20, 2018
Page 13
FIFD resolution # Regarding
2018 - 203 Health Insurance
Vote Record - Resolution RES-2018-994
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
James Dinizio Jr
Tabled
Withdrawn
William P. Ruland
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2018-995
CATEGORY: Bid Acceptance
DEPARTMENT: Public Works
Accept Bid for Brush Hog
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of John
Hansen in the amount of $25.00 for a used Brush Hog.
Vote Record - Resolution RES-2018-995
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
James Dinizio Jr
Tabled
Withdrawn
William P. Ruland
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2018-996
CATEGORY: Employment - Town
Southold Town Meeting Agenda - November 20, 2018
Page 14
DEPARTMENT: Accounting
Hire New Police Officers
RESOLVED that the Town Board of the Town of Southold hereby appoints Joseph Crosser,
Patrick Robbins and William Andrejack to the position of Police Officer for the Southold
Town Police Department, effective December 6, 2018, at a rate of $48,630.00 per annum.
Vote Record - Resolution RES-2018-996
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
James Dinizio Jr
Tabled
Withdrawn
William P. Ruland
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2018-997
CATEGORY: Ratify Fishers Island Reso.
DEPARTMENT: Town Clerk
FIFD 11/13/18 Meeting Resolution Ratifications
RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the
resolutions of the Fishers Island Ferry District Board of Commissioners dated November 13,
2018, as follows:
FIFD resolution # Regarding
2018 - 207 Budget Modification
2018 - 208 Budget Modification
2018 - 211 Service Award
Vote Record - Resolution RES-2018-997
Adopted
Yes/Aye No/Nay Abstain Absent
Adopted as Amended
James Dinizio Jr
Defeated
William P. Ruland
Tabled
Withdrawn Jill Doherty
Supervisor's Appt
Robert Ghosio
Tax Receiver's Appt
Louisa P. Evans
Rescinded
Scott A. Russell
Town Clerk's Appt
Southold Town Meeting Agenda - November 20, 2018
Page 15
Supt Hgwys Appt
No Action
Lost
2018-998
CATEGORY: Budget Modification
DEPARTMENT: Supervisor
2018 Budget Modification - Town Board
Financial Impact:
To appropriate funds to cover travel expenses for Justice Evans
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 General
Fund Whole Town budget as follows:
From:
A.1220.4.600.200 Supervisor, Meetings and Seminars $700.00
Total $700.00
To:
A.1010.4.600.300 Town Board, Travel Expenses $700.00
Total $700.00
Vote Record - Resolution RES-2018-998
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
James Dinizio Jr
Tabled
Withdrawn
William P. Ruland
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2018-999
CATEGORY: Contracts, Lease & Agreements
DEPARTMENT: Town Attorney
Southold Town Meeting Agenda - November 20, 2018
Page 16
Retain Devitt Spellman
RESOLVED that the Town Board of the Town of Southold hereby authorizes the Town
Attorney to retain Devitt Spellman Barrett LLP as Special Counsel to represent the Town of
Southold Zoning Board of Appeals in an action in Supreme Court, Suffolk County, commenced
by Michael Harkins.
Vote Record - Resolution RES-2018-999
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
James Dinizio Jr
Tabled
Withdrawn
William P. Ruland
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2018-1000
CATEGORY: Budget Modification
DEPARTMENT: Accounting
2018 Budget Modification- Community Development (CHIPS)
Financial Impact:
Establish budget for CHIPS project
RESOLVED that the Town Board of the Town of Southold hereby modifies the Community
Development Fund budget as follows:
Increase:
CD.2170.00 Community Development Inc-CHIPS
CHIPS Program Income $90,866
Total $90,866
Increase:
CD.8660.4.000.102 Housing Rehab Projects, 502 Wiggins $90,866
Total $90,866
Vote Record - Resolution RES-2018-1000
Adopted
Yes/Aye No/Nay Abstain Absent
Adopted as Amended
James Dinizio Jr
Defeated
William P. Ruland
Tabled
Southold Town Meeting Agenda - November 20, 2018
Page 17
Withdrawn
Jill Doherty
Supervisor's Appt
Robert Ghosio
Tax Receiver's Appt
Louisa P. Evans
Rescinded
Town Clerk's Appt
Scott A. Russell
Supt Hgwys Appt
No Action
Lost
2018-1001
CATEGORY: Budget Modification
DEPARTMENT: Solid Waste Management District
2018 Budget Modification- SWMD
Financial Impact:
To cover tips and bolts for Grinder and hydraulic hoses and valves for CAT 966.
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 Solid
Waste Management District budget as follows:
From:
SR 8160.1.300.100 Temp/Seasonal Employee Reg Earnings $ 900
SR 8160.4.400.625 Tire Repair 1,000
Total $1,900
To:
SR 8160.4.100.551 Maint/Supply CAT 966 $ 300
SR 8160.4.100.596 Maint/Supplies CBI Grinder 1,600
Total $1,900
Vote Record - Resolution RES-2018-1001
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
James Dinizio Jr
Tabled
Withdrawn
William P. Ruland
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
Southold Town Meeting Agenda - November 20, 2018
Page 18
2018-1002
CATEGORY: Budget Modification
DEPARTMENT: Accounting
2018 Budget Modification- DPW (HRC Flooring)
Financial Impact:
Move funds to cover HRC flooring replacement
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 General
Fund Whole Town budget as follows:
From:
A.6772.4.600.200 Programs for the Aging, Senior Trips $2,200
A.9901.9.000.100 Transfer to Capital 10,000
Total $12,200
To:
A.1620.2.100.400 DPW, Carpet $12,200
Total $12,200
Vote Record - Resolution RES-2018-1002
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
James Dinizio Jr
Tabled
Withdrawn
William P. Ruland
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2018-1003
CATEGORY: Bid Acceptance
DEPARTMENT: Solid Waste Management District
Accept Bid on Town Garbage Bags
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of
Southold Town Meeting Agenda - November 20, 2018
Page 19
Waste Zero to supply the town with yellow Town Garbage Bags for the period January 1, 2019
through December 31, 2020, at the per bag prices submitted in their bid opened on November 1,
2018, all in accordance with the Town Attorney.
Vote Record - Resolution RES-2018-1003
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
James Dinizio Jr
Tabled
Withdrawn
William P. Ruland
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2018-1004
CATEGORY: Contracts, Lease & Agreements
DEPARTMENT: Recreation
Hire Winter 2019 Recreation Program Instructors
Resolved that the Town Board of the Town of Southold authorize and direct Supervisor Scott A.
Russell to execute an agreement with the following individuals and businesses for the Winter 2019
recreation programs, all in accordance with the approval of the town attorney. Funding for the
instructors listed below has been budgeted for in the recreation department's 2019 instructor line
A.7020.4.500.420.
Liam Walker (Adult Basketball - Open Play) $25/hour
Gus Klavas (Adult Basketball - Open Play) $25/hour
Vote Record - Resolution RES-2018-1004
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
James Dinizio Jr
Tabled
Withdrawn
William P. Ruland
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
Southold Town Meeting Agenda - November 20, 2018
Page 20
2018-1005
CATEGORY: Budget Modification
DEPARTMENT: Public Works
DPW Budget Modification
Financial Impact:
Transfer money into Motor Vechicle Parts/Supplies account to cover future expenses
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 General
Fund Public Works budget as follows:
From:
A.1620.4.400.200 Property Maintenance & Repair $1,500
Total $1,500
To:
A.1620.4.100.500 Motor Vehicle Parts & Supplies $1,500
Total $1,500
Vote Record - Resolution RES-2018-1005
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
James Dinizio Jr
Tabled
Withdrawn
William P. Ruland
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2018-1006
CATEGORY: Advertise
DEPARTMENT: Land Management Coordination
Bay to Sound Phase 2 Lumber & Building Materials
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the
Southold Town Meeting Agenda - November 20, 2018
Page 21
Town Clerk’s office to advertise for a Request for Proposals for the Town of Southold
Department of Public Works and Bay to Sound Project Integrated Trails Initiative Phase 2
Lumber and Supplies, in accordance with specifications and qualifications, subject to the
approval of the Town Attorney. All proposal prices will remain firm for a period of six (6)
months from the date of award with an option to renew for an additional six (6) month term
agreed upon by the Town of Southold and the vendor.
Vote Record - Resolution RES-2018-1006
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
James Dinizio Jr
Tabled
Withdrawn
William P. Ruland
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2018-1007
CATEGORY: Bid Acceptance
DEPARTMENT: Public Works
Lumber Bid
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Port
Lumber to supply the Town with Thru Flow Interlocking Decking Panels or equal and Stainless
Steel Truss Head Screws for the Department of Public Works and the Bay to Sound project as
submitted in the bid and all in accordance with the Town Attorney. All prices will remain firm
for a period of six (6) months from the date of award with an option to renew for an additional
six (6) month term agreed upon by the Town of Southold and the vendor.
Vote Record - Resolution RES-2018-1007
Adopted
Yes/Aye No/Nay Abstain Absent
Adopted as Amended
Defeated
James Dinizio Jr
Tabled
William P. Ruland
Withdrawn
Jill Doherty
Supervisor's Appt
Tax Receiver's Appt
Robert Ghosio
Rescinded
Louisa P. Evans
Town Clerk's Appt
Scott A. Russell
Supt Hgwys Appt
No Action
Lost
Southold Town Meeting Agenda - November 20, 2018
Page 22
2018-1008
CATEGORY: Refund
DEPARTMENT: Town Clerk
Filming Clean-Up Deposit and Traffic Control Refund
WHEREAS Always Am Productions, Inc. supplied the Town of Southold with a refundable
Clean-up Deposit fee in the amount of $2,250.00 and a Traffic Control fee estimate of $9,000.00
and
WHEREAS the Southold Town Police Chief, Martin Flatley, has informed the Town Clerk's
office that the Clean-up Deposit Fee may be refunded, and
WHEREAS the Southold Town Police Chief, Martin Flatley has provided the Town Clerk?s
office with an actual Department expense for the film in the amount of $5,357.44, now therefor
be it
RESOLVED that Town Board of the Town of Southold hereby authorizes a refund be issued in
the total amount of $5,892.56 to Always Am Productions, Inc., 330 West 42nd Street, 24th
Floor, New York, NY 10036.
Vote Record - Resolution RES-2018-1008
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
James Dinizio Jr
Tabled
Withdrawn
William P. Ruland
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2018-1009
CATEGORY: Landfill Misc.
DEPARTMENT: Solid Waste Management District
Recycling Declaration
Southold Town Meeting Agenda - November 20, 2018
Page 23
WHEREAS Long Island is facing a recycling crisis due to the collapse of markets for “single
stream” recyclables; and
WHEREAS the Town of Southold operates a single stream recycling program; and
WHEREAS the Brookhaven outlet for Southold’s single stream materials has closed and can no
longer accept those materials; and
WHEREAS no single stream recyclables have been removed from the Cutchogue Transfer
station since October 24 and the facility has reached its capacity to contain the recyclables that
have accumulated and cannot hold additional single stream recyclables being delivered in an
environmentally sound and safe manner unless the backlog of accumulated recyclables begins to
get carted away; and
WHEREAS the only alternate DEC Permitted facility on Long Island that has been identified
that can accept Southold’s Single Stream recyclables in a way that fully meets the Town’s
immediate needs, namely the OMNI Materials Recovery Facility in Babylon, has agreed to do
so; it is hereby
RESOLVED by the Town Board of the Town of Southold that an emergency situation is
declared relative to the need to remove accumulated single stream recyclables from the
Cutchogue Transfer Station; and be it further
RESOLVED that the Town accepts the OMNI offer to accept single stream recyclables from
Southold on a temporary basis for a fee of $82/ton; and be it further
RESOLVED that the Town will engage the services of Trinity Transportation Corp. to truck the
recyclables to the OMNI facility at a cost of $400/truckload; and be it further
RESOLVED that this resolution is effective retroactive to November 9, 2018 and shall remain
in effect until such time as longer term contractual arrangements for handling the Town’s
recyclables are identified and implemented.
Vote Record - Resolution RES-2018-1009
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
James Dinizio Jr
Tabled
Withdrawn
William P. Ruland
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
Southold Town Meeting Agenda - November 20, 2018
Page 24
2018-1010
CATEGORY: Employment - Town
DEPARTMENT: Accounting
Acknowledges the Intent to Retire Terry Schneider
WHEREAS, the Town of Southold has received notification via U.S. Mail on November 19,
2018 from the NYS Retirement System concerning the retirement of Terry E. Schneider effective
December 1, 2018 now therefore be it
RESOLVED that the Town Board of the Town of Southold hereby acknowledges the intent to
retire of Terry E. Schneider from the position of Senior Citizen Aide II for the Human
Resource Center, effective December 1, 2018.
Vote Record - Resolution RES-2018-1010
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
James Dinizio Jr
Tabled
Withdrawn
William P. Ruland
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2018-1011
CATEGORY: Authorize to Bid
DEPARTMENT: Town Clerk
Tree and Stump Removal Bid
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the
Town Clerk to advertise for bids for Tree and Stump Removal on Mount Beulah Avenue,
Southold. All Specifications and Job Descriptions are available at the Town Clerk’s Office.
Vote Record - Resolution RES-2018-1011
Yes/Aye No/Nay Abstain Absent
Adopted
Adopted as Amended
James Dinizio Jr
Southold Town Meeting Agenda - November 20, 2018
Page 25
Defeated
William P. Ruland
Tabled
Jill Doherty
Withdrawn
Robert Ghosio
Supervisor's Appt
Tax Receiver's Appt
Louisa P. Evans
Rescinded
Scott A. Russell
Town Clerk's Appt
Supt Hgwys Appt
No Action
Lost
2018-1012
CATEGORY: Close/Use Town Roads
DEPARTMENT: Town Clerk
Waive Parking Regs for Riverhead Foundation for Marine Research and Preservation
RESOLVED that the Town Board of the Town of Southold hereby grants permission to the
Riverhead Foundation for Marine Research and Preservation to park vehicles at Bailie
Beach Road, Mattituck, NY on December 2, 2018 from 9:00 AM to 11:00 AM for the purposes
of holding Cold Stunned Sea Turtle Training, participants must display the proper parking
placard visible in their vehicles.
Vote Record - Resolution RES-2018-1012
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
James Dinizio Jr
Tabled
Withdrawn
William P. Ruland
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2018-1013
CATEGORY: Attend Seminar
DEPARTMENT: Town Attorney
Attend Youth Court Seminar
Southold Town Meeting Agenda - November 20, 2018
Page 26
RESOLVED that the Town Board of the Town of Southold hereby authorizes Youth
Bureau Director Lynn Nyilas and up to 6 student youth court participants to attend a New
York State Association of Youth Courts seminar in Lake George, New York from
thth
December 9 to December 10 2018, all costs associated therewith are to be a charge to
the 2018 Youth Bureau budget.
Vote Record - Resolution RES-2018-1013
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
James Dinizio Jr
Tabled
Withdrawn
William P. Ruland
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2018-1014
CATEGORY: Public Service
DEPARTMENT: Town Attorney
FI Fire District Fee Waiver
RESOLVED, that the Town Board of the Town of Southold hereby waives the fee for the
Fishers Island Fire District’s application to the Zoning Board Appeals for (2) front yard setbacks
variance in connection with the construction and alterations to existing firehouse at Crescent
Avenue, Fishers Island (ZBA File No. 7267).
Vote Record - Resolution RES-2018-1014
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
James Dinizio Jr
Tabled
Withdrawn
William P. Ruland
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
Southold Town Meeting Agenda - November 20, 2018
Page 27
2018-1015
CATEGORY: Enact Local Law
DEPARTMENT: Town Clerk
Enact LL - Chapter 34 - Housing Fund
WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk
rd
County, New York, on the 23 day of October, 2018, a Local Law entitled “A Local Law in
relation to an Amendment to Chapter 34, Housing Fund” and
WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid
Local Law at which time all interested persons were given an opportunity to be heard, now
therefor be it
RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local
Law entitled, “A Local Law in relation to an Amendment to Chapter 34, Housing Fund”
reads as follows:
LOCAL LAW NO. 2018
A Local Law entitled, “A Local Law in relation to an Amendment to Chapter 34, Housing
Fund”.
BE IT ENACTED by the Town Board of the Town of Southold as follows:
§ 34-1 Purpose.
The Town of Southold Housing Fund will provide the Town with a mechanism to obtain funding
and create programs that will increase housing opportunities for families and individuals who are
residents of the Town of Southold and/or employed in the Town of Southold who cannot procure
affordable housing within the Town.
§ 34-2 Findings.
A. The lack of affordable housing creates many adverse effects for the Town. Regional
employers grapple with the task of hiring and retaining employees due to the limited
availability of affordable housing. Recruiting and retaining essential personnel (police
officers, fire fighters, teachers, nurses, etc.) has become increasingly a challenge due to the
lack of affordable housing. Volunteer emergency services are also impacted by the lack of
affordable housing, prompting the possible necessity of replacing volunteer services with
paid employees. While the Town has benefited from increased tourism and second
homeownership, it must also sustain a population who can afford to live and work in Town.
B. To address this housing shortage, the Town of Southold must create a myriad of housing
initiatives that lead to the creation of affordable housing that reinvest in the lives of
residents who live and/or work in the Town. The talented and vibrant energy that was and is
invested in community land preservation must be replicated to create affordable housing for
Southold Town Meeting Agenda - November 20, 2018
Page 28
a sizable number of individuals and families residents who lack the financial means to rent
and/or purchase housing within the Town.
C. The priority population for community housing will be as follows:
(1) Income eligible individuals/families who live and work in the Town of Southold who
provide volunteer emergency/life saving services for residents of the Town.
(2) Income eligible individuals/families who live and work in the Town of Southold.
(3) Income eligible individuals/families who live in the Town of Southold.
(4) Income eligible individuals/families who work in the Town of Southold.
(5) Income eligible individuals/families who previously lived in the Town and wish to return.
C. D. Efforts in the past to create affordable housing have failed in their ability to keep the
housing stock affordable upon resale. Therefore, to promote perpetual affordability
within the Town, all recipients of said housing will be legally bound to sell their
properties to the Town's Housing Fund. Resale price formulas for homes purchased from
the Fund will be as follows: Homes sold after purchase will realize profits that are the
equivalent percentage of the Consumer Price Index (CPI) as compiled by the United
States Department of Labor. The percentage will be calculated from the date of sale from
the Fund to the date of resale to the Fund. In addition, the Fund will compensate the seller
for major capital improvements that are improved in advance by the Housing Advisory
Commission. Depreciation may be applied to capital improvements.
§ 34-3 Definitions.
As used in this chapter, the following words and terms shall have the following meanings:
FUND
The Town of Southold Housing Fund authorized pursuant to this chapter.
HOUSING
Housing for households whose incomes are not sufficient, pursuant to banking industry
standards, to induce private lenders to finance the costs of acquisition of a home with a
value at or less than median value as determined by the Town's assessment rolls, without
benefit of subsidies or special financing programs from the Town in the case of owner-
occupied housing, or in the case of rental housing, as housing for households whose income
is insufficient to pay the monthly costs for such housing and maintain such costs within the
required percentages of the household's income based upon banking industry standards.
INCOME ELIGIBLE INDIVIDUALS/FAMILIES
Those individuals/families whose incomes are below the designated percentage of the HUD
median income for the County of Suffolk, as determined by the Southold Town Board. In
addition, individuals/families seeking grant assistance and loans from other public funding
sources may be limited to household incomes less than the HUDB median income for the
County of Suffolk.
TOWN
The Town of Southold.
§ 34-5 Purposes of Fund.
A. The proceeds of the Fund established pursuant to § 34-4 shall be utilized in accordance with
law for the following purposes:
(1) The provision of no-interest or low-interest loans to income eligible individuals or families
Southold Town Meeting Agenda - November 20, 2018
Page 29
residents who work and/or live in the Town for the purchase of a first home;
(2) The actual production of community housing for sale and resale to income-eligible
individuals or families residents who work and/or live in the Town;
(3) The actual production of community housing for sale to income-eligible individuals or
families residents who work and/or live in the Town in conjunction with other
public/private partnerships such as the North Fork Housing Alliance and the Community
Land Trust of Southold who agree with the stated priority population and income eligibility
guidelines;
(4) The actual production and maintenance of rental housing for rent to income-eligible
individuals or families residents who work and/or live in the Town or in conjunction with
public/private partnerships who agree with the stated profit guidelines;
(5) The provision of no-interest or low-interest loans to developers for the production of
community housing for sale to income eligible individuals or families for the purchase of a
first home or for rent to income eligible residents.
(65) The rehabilitation of existing buildings and structures in the Town for the purpose of
conversion to community housing for sale or rental to income-eligible individuals or
families residents who work and/or live in the Town;
(76) The provision of housing counseling services by not-for-profit corporations that are
authorized by the U.S. Department of Housing and Urban Development to provide said
services;
(87) The Fund will ensure the perpetual affordability of housing through determining resale
prices of any home purchased through the Fund. This will be accomplished through the
following: The Town of Southold reserves the right to require that all housing units
purchased through the Fund remain affordable in perpetuity. All properties purchased
through the Fund must be sold back to the Fund for resale to income-eligible
individuals/families who meet the qualifications of defined priority populations. After
purchase, homes may be resold to the Fund to potentially realize a profit. Sale prices will be
calculated at the original purchase price (base price) and shall be adjusted by a percentage
which is the same as the percentage by which the Consumer Price Index (CPI) increased
between the date that the buyer took title to the property and the date that a letter of intent is
submitted to the Fund to resell the property. Costs for capital improvements approved by
the Fund's regulations may also be compensated. Capital improvements are additions that
provide value to the property above and beyond repairs to maintain the property in good
condition. The Housing Advisory Commission must approve in advance all capital
improvements. The Commission must be given information regarding the scope of work
and estimate of capital costs. If capital improvements are approved, the Commission will
determine if the capital improvement may be recouped in the event of resale.
(98) The Housing Fund will strive to build housing and sell housing that reflects the diverse
needs of those seeking affordable housing that includes household income, bedroom size,
etc.
B. For the purposes of this chapter, eligible expenses relating to the production of community
housing and the rehabilitation of existing housing stock and structures under the Fund shall
include, but not be limited to, land acquisition, planning, engineering, construction costs
and other hard and soft costs associated with construction, rehabilitation, purchase or rental
Southold Town Meeting Agenda - November 20, 2018
Page 30
of housing pursuant to this section, provided that these costs do not exceed 15% of the
projected project costs. Litigation expenses may not be covered by this Fund. All revenues
received by the Town from the sale or rental of community homes or the repayment of loans
shall be deposited in this Fund.
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-2018-1015
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
James Dinizio Jr
Tabled
Withdrawn
William P. Ruland
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2018-1016
CATEGORY: Affordable Housing
DEPARTMENT: Town Clerk
Approve Loan Application of Vineyard View
RESOLVED that the Town Board of the Town of Southold hereby approves the application of
Conifer Realty and Community Development Corporation of Long Island for a 30-year, deferred,
zero interest loan in the amount of $250,000.00 from the Town of Southold Housing Fund for the
construction of affordable housing in connection with the site plan application known as
“Vineyard View” pursuant to section 34-6(E) of the Town Code, subject to the execution of an
agreement provided by the Town Attorney’s office.
Vote Record - Resolution RES-2018-1016
Adopted
Yes/Aye No/Nay Abstain Absent
Adopted as Amended
James Dinizio Jr
Defeated
William P. Ruland
Tabled
Southold Town Meeting Agenda - November 20, 2018
Page 31
Withdrawn
Jill Doherty
Supervisor's Appt
Robert Ghosio
Tax Receiver's Appt
Louisa P. Evans
Rescinded
Town Clerk's Appt
Scott A. Russell
Supt Hgwys Appt
No Action
Lost
2018-1017
CATEGORY: Property Acquisition Purchase
DEPARTMENT: Land Preservation
Fuchs Property Elect to Purchase, SEQRA
th
WHEREAS, the Town Board of the Town of Southold held a public hearing on the 20 day of
November, 2018, on the question of the purchase of fee title to property owned by the Estate of
Roy Fuchs for open space preservation pursuant to the provisions of Chapter 185 (Open Space
Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code of the Town of
Southold, at which time all interested parties were given the opportunity to be heard; and
WHEREAS, said property is identified as SCTM #1000-88.-3-3.1. The address of the property
is 9800 Main Bayview Road in Southold located on the southerly side of Main Bayview Road
approximately 400± feet west of the intersection of Jacobs Lane and Main Bayview Road. The
property has approximately 353± feet of road frontage on Main Bayview Road and includes a 50
foot wide right-of-way known as Takaposa Road. The property also has approximately 415± feet
of shoreline on Corey Creek. The total area of the property is 7.86± acres, subject to survey; and
WHEREAS, the property is located within the Agricultural-Conservation (A-C) Zoning District;
and
WHEREAS, the purchase price is $800,000 (eight hundred thousand dollars) which will be
funded by the Town’s Community Preservation Fund and the County of Suffolk in a 50%/50%
joint partnership which will include the purchase price and any related acquisition costs
associated with the purchase of this property; and,
WHEREAS, the property is listed on the Town’s Community Preservation Project Plan as
property that should be preserved for open space and the preservation of fresh water and salt
water marshlands. The purpose of this acquisition is for open space, passive recreational
purposes, and wetland protection. Proposed uses of the property may include the establishment
of a nature preserve, passive recreational area with trails and limited parking for access purposes,
all subject to a Management Plan which will be developed for this property; and
Southold Town Meeting Agenda - November 20, 2018
Page 32
WHEREAS, the acquisition of this property is in conformance with the provisions of Chapter 17
(Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code
of the Town of Southold; and
WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront
Consistency Review) of the Town Code and the Local Waterfront Revitalization Program
(LWRP) and the LWRP Coordinator has determined that this action is consistent with the
LWRP; and
WHEREAS, as per Chapter 117 (Transfer of Development Rights) of the Code of the Town of
Southold, Section 117-5, the Land Preservation Coordinator and the Town Board have reviewed
the acquisition and have determined that Sanitary Flow Credits may be available upon the
acquisition of the property. The County of Suffolk will determine if Sanitary Flow Credits (a.k.a
County Workforce Housing Development Rights) are available, and if so, the number of Sanitary
Flow Credits available from the property. Any available Sanitary Flow Credits will be divided
between the County and the Town in accordance with the 50%/50% joint partnership percentage.
The transfer of the Sanitary Flow Credits allotted to the Town will not be finalized, and shall not
occur, until the County/Town closes on the property, and the Town Board passes a resolution
allowing the transfer into the Town Sanitary Flow Credit Bank; and
WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition
and recommends that the Town Board acquire the property; and
WHEREAS, the Town Board deems it in the best public interest that the Town of Southold
purchase fee title to the subject property for the purpose of the preservation of open space,
passive recreational purposes, and wetland protection; and
WHEREAS, THE TOWN BOARD OF THE TOWN OF SOUTHOLD CLASSIFIES THIS
ACTION AS AN UNLISTED ACTION PURSUANT TO THE SEQRA RULES AND
REGULATIONS, 6NYCRR 617.1 ET. SEQ.; AND,
WHEREAS, the Town of Southold is the only involved agency pursuant to SEQRA Rules and
Regulations; and,
WHEREAS, the Town Board of the Town of Southold accepted the Short Environmental Form
for this project that is attached hereto; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact
on the environment and declares a negative declaration pursuant to SEQRA Rules and
Regulations for this action; and be it further
RESOLVED that the Town Board of the Town of Southold hereby elects to enter into a
50%/50% joint partnership between the Town Southold and the County of Suffolk for the
purchase of fee title to the parcel identified on the Suffolk County Tax Map as #1000-88.-3-3.1.
The purchase price for the entire 7.86± acre parcel, subject to survey, is $800,000 plus any
Southold Town Meeting Agenda - November 20, 2018
Page 33
related acquisition costs associated with the purchase of this property. The proposed action has
been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and
the LWRP Coordinator and the Town Board has determined that this action is consistent with the
LWRP. The Town Board has reviewed the acquisition and has determined that Sanitary Flow
Credits may be available upon the acquisition of the property and that the County of Suffolk will
determine if Sanitary Flow Credits (a.k.a County Workforce Housing Development Rights) are
available, and if so, the number of Sanitary Flow Credits available from the property. Any
available Sanitary Flow Credits will be divided between the County and the Town in accordance
with the 50%/50% joint partnership percentage. The transfer of the Sanitary Flow Credits
allotted to the Town will not be finalized, and shall not occur, until the County/Town closes on
the property, and the Town Board passes a resolution allowing the transfer into the Town
Sanitary Flow Credit Bank.
Vote Record - Resolution RES-2018-1017
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
James Dinizio Jr
Tabled
Withdrawn
William P. Ruland
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
VI. PUBLIC HEARINGS
1. PH 11/20 4:31 Pm - Chapter 34
2. PH 11/20 4:31 Pm Vineyard View
3. PH 11/20 4:31 pm Fuchs Open Space Acquisition