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Home My WebLink AboutTB-11/20/2018 ELIZABETH A. NEVILLE �gpFFO(� Town Hall,53095 Main Road TOWN CLERK �oo� 000y PO Box 1179 co Southold,NY 11971 REGISTRAR OF VITAL STATISTICS o Fax(631)765-6145 MARRIAGE OFFICER y�o1 �ao� Telephone: (631)765 - 1800 RECORDS MANAGEMENT OFFICER southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING November 20, 2018 4:30 PM A Regular Meeting of the Southold Town Board was held Tuesday,November 20, 2018 at the Meeting Hall, Southold,NY. Call to Order 4:30 PM Meeting called to order on November 20, 2018 at Meeting Hall, 53095 Route 25, Southold,NY. Attendee Name Organization Title Status Arrive_d James Dinizio Jr ' Town of Southold CouncilmanPresent t lliam P. Ruland t Town of Southold Councilman__T_ Present Jill Doherty W Town of Southold_ Councilwoman Presentx W Robert Ghosio Town of Southold : Councilman Present s Louisa P. Evans Town of Southold ° Justice Present Scott A. Russell = Town of Southold ! Supervisor Absent I _Elizabeth A.Neville i Town of Southold_ Town Clerk Present William M Duffy ; Town of Southold Town Attorney Present I. Reports 1. Justice Court Reports 2. Planning Board Monthly Report 3. Trustees Monthly Report II. Public Notices III. Communications IV. Discussion 1. 9:00 AM Michael Collins and Jamie Richter Southold Town Board Regular Meeting November 20, 2018 page 2 2. 9:15 AM Denis Noncarrow,Michael Collins and Jeff Standish 3. 9:30 AM Jeff Standish,Tim Abrams and Michael Collins 4. Councilman Ruland 5. Discussion of Transportation Commission Recommendations: 6. Formal Request from Supervisor Russell for Rental Code Vote 7. EXECUTIVE SESSION Proposed Lease of Property Where Publicity Could Affect the Value Thereof 8. EXECUTIVE SESSION Potential Litigation 9. EXECUTIVE SESSION Labor-Matters Involving the Employment of a Particular Corporation 10. EXECUTIVE SESSION Labor-Matters Involving the Employment of a Particular Person(s) Openinll Comments Councilman Ruland r - COUNCILMAN RULAND: Good afternoon, ladies and gentlemen. Welcome to our meeting. The first order of business is the salute to the flag. Please join us. Is there someone in the audience that would like to speak to the agenda items, outside of the public hearings? Robert Dunn,Peconic ROBERT DUNN: Regarding the affordable housing, 1014, in the original findings, item C, you go down to the end, in addition the fund will compensate (inaudible) capital improvements that are improved in advance by the housing authority. That word maybe should be approved. COUNCILWOMAN DOHERTY: I am sorry, are you talking about 1015? MR. DUNN: No, 1014. Oh, I am sorry, I'm sorry. You are,right, 1015. COUNCILWOMAN DOHERTY: That is one of our public hearings. MR. DUNN: Oh, is it? I am sorry. Councilman Ruland COUNCILMAN RULAND: That's alright. It's all good. That's why there are erasers on pencils. Is there anyone else that would like to comment on the agenda? (No response) If not, we will move the agenda. Southold Town Board Regular Meeting November 20, 2018 page 3 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 2 Adopted ' ❑ Adopted as Amended ❑ Defeated Yes/Aye No/N'ay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P.Roland Voter z ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter El ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover RI ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter ❑ ❑ ❑ Q ❑ No Action [I 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 PI Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated El Tabled lames Dmizio Jr Voter 21 ❑ ❑ ❑ William P Roland Voter 2 ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt Jill Doherty Voter ,2 ❑ ❑ E] ❑ Tax Receiver's Appt Robert Ghosio Seconder lz ❑ ❑ ❑ ❑ Rescinded Louisa P Evans Mover p ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A Russell Voter ❑ ❑ ❑ p ❑ Supt Hgwys Appt ❑ No Action Southold Town Board Regular Meeting November 20, 2018 page 4 ❑ Lost 2018-990 Tabled 11/712018 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 County,New York, on the 25th 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 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. Southold Town Board Regular Meeting November 20, 2018 page 5 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 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. Southold Town Board Regular Meeting November 20, 2018 page 6 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 subiect 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 subiect 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 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 subiect to this chapter shall be presumed to be rented for a fee and a Southold Town Board Regular Meeting November 20, 2018 page 7 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 ; (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 Southold Town Board Regular Meeting November 20, 2018 page 8 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. A 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. X207-9 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. 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 Southold Town Board Regular Meeting November 20, 2018 page 9 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. 4207-10 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 aperiod 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. §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. Southold Town Board Regular Meeting November 20, 2018 page 10 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 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 thea licant`has no control. ✓Vote Record-Resolution RES-2018-990 ❑ Adopted ❑ Adopted as Amended ❑ Defeated 0 Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn James Dmizio Jr Mover p ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder El ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter El ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter Rl ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter ❑ ❑ ❑ El ❑ No Action ❑ Lost Next:12/4/18 7:30 PM 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 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 Southold Town Board Regular Meeting November 20, 2018 page 11 A.1680.4.400.352 Printer Maintenance 400.00 Total $2,600.00 ✓Vote Record-Resolution RES-2018-991 0 Adopted ❑ Adopted as Amended ❑ Defeated _.... ❑ Tabled mYes/Aye No/Nay Abstain Absent _ _ _ ❑ Withdrawn James Dizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Till Doherty Mover 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter ❑ ❑ ❑ 0 ❑ No Action ❑ Lost 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 Pierzchan6wski 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 0 Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay . Abstain Absent _ ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland 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 r Southold Town Board Regular Meeting November 20, 2018 page 12 2018-993 CATEGORY Y. 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 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled _ _ ❑ Withdrawn James D�mzio Jr Voter D ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder, 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter ❑ ❑ ❑ 0 ❑ No Action ❑ Lost 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: FIFD resolution# Regarding 2018 - 203 Health Insurance ✓Vote Record-Resolution RES-2018-994 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended lames Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Defeated William P.Ruland Voter 0 ❑ ❑ ❑ 0 Tabled .till Doherty Voter 0 0 0 0 Southold Town Board Regular Meeting November 20, 2018 page 13 ❑ Withdrawn Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P Evans Seconder El ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A Russell Voter ❑ ❑ ❑ lZ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hg-,vys Appt ❑ 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 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled James DmM �zio Jr over D ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt William P Ruland Voter El ❑ ❑ O ❑ Tax Receiver's Appt Jill Doherty Seconder Rl ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter D ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter D ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell' Voter ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-996- CA TF,GOR Y.- 018-996"CATEGORY. Employment-Town 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. f Southold Town Board Regular Meeting November 20, 2018 page 14 ✓Vote Record-Resolution RES-2018-996 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled El Withdrawn James Dmizio Jr Voter 0 ❑ El El ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter ❑ ❑ ❑ 0 ❑ No Action ❑ Lost 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 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 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 Appi Scott A Russell Voter ❑ ❑ ❑ 0 ❑ No Action 11 Lost Southold Town Board Regular Meeting November 20, 2018 page 15 2018-998 CATEGORY. Budget Modification DER4RTMENT.• 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 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter Q El El ❑ Supervisor's Appt William P Roland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder CSI ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Mover ❑ ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter ❑ ❑ ❑ 10 ❑ No Action ❑ Lost 2018-999 CATEGORY: Contracts,Lease&Agreements DEP.4 RT#IEATT. Town Attorney Retain Devitt Spellman RESOLVED that the Town Board of the Town of Southold hereb� 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. r Southold Town Board Regular Meeting November 20, 2018 page 16 ✓Vote Record-Resolution RES-2018-999' 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled --- ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P.Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty 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 2018-1000 CATEGORY. Budget Modification DEPARTUENT: 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 0 Adopted ,❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated James Dimzio Jr Mover 0 ❑ ❑ ❑ ❑ Tabled William P Roland Voter 0 ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt Jill Doherty Seconder 0 ❑ 11 Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt Scott A Russell Voter ❑ ❑ El 0 ❑ Supt Hgwys Appt 0 No Action I Southold Town Board Regular Meeting November 20, 2018 page 17 ❑ Lost 2018-1001 C,4TE,GOR Y• 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 11000 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 0 Adopted ❑ Adopted as Amended ❑ Defeated - - - Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter , 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P.Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter ❑ ❑ ❑ D ❑ No Action ❑ Lost 2018-1002 CATEGORY: Budget Modification DEPARTMENT.• Accounting 2018 Budget Modification-DPW(HRC Flooring) Southold Town Board Regular Meeting November 20, 2018 page 18 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 0 Adopted ❑ Adopted as Amended ❑ Defeated rt, Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 0 ❑ 0 Ii, ❑ Supervisor's Appt William P Ruland Mover lz ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter El ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter z ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter ❑ ❑ ❑ 0 ❑ 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 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 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Tabled William P Ruland Voter Rl ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Voter , z ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Seconder Rl 0 11 0 Southold Town Board Regular Meeting November 20, 2018 page 19 ❑ Tax Receiver's Appt Louisa P Evans Mover Z ❑ ❑ ❑ ❑ Rescinded Scott A Russell Voter ❑ ❑ ❑ D ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ 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 Q 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 2 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter lZ ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder Z ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-1005 CATEGORY. Budget Modification DEPARTMENT. Public Works DPW Budget Modification Financial Impact. Transfer money into Motor Vehicle Parts/Supplies account to cover future expenses Southold Town Board Regular Meeting November 20, 2018 page 20 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 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑' Supt Hgwys Appt Scott A Russell Voter ❑ ❑ ❑ 0 ❑ No Action ❑ Lost 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 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 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended James Dmizio Jr Voter 0 El El❑ ❑ Defeated ❑ Tabled William P Roland Voter 0 ❑ ❑ ❑ 0 Withdrawn Jill Dohertv Mover 0 0 El El Southold Town Board Regular Meeting November 20, 2018 page 21 ❑ Supervisor's Appt Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Rescinded Scott A Russell Voter ❑ ❑ ❑ 0 ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2018-1007 CATEGORY.• Bid Acceptance DEPARTMENT.• Public Works Lumber Bid ' r 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 0 Adopted ❑ Adopted as Amended ❑ Defeated _- ❑ Tabled' 1 Yes/Aye No/Nay Abstain Absent ❑ Withdrawn .lames Dmizio 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 ❑ ❑ ❑ Q ❑ No Action ❑ Lost 2018-1008 CATEGORY. Refund DEPARTMENT,• Town Clerk Filming Clean-Up Deposit and Traffic Control Refund Southold Town Board Regular Meeting November 20, 2018 page 22 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 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter D ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter lZ ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder 2 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover D ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter ❑ ❑ ❑ D ❑ No Action ❑ Lost 2018-1009 CATEGORY. Landfill Misc. DEPARTWE,NT. Solid Waste Management District Recycling Declaration 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 Southold Town Board Regular Meeting November 20, 2018 page 23 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 Q Adopted ❑ Adopted as Amended ❑ Defeated _Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Duiizio Jr Voter R ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 2 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover Z ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter ❑ ❑ ❑ 10 ❑ No Action ❑ Lost 2018-1010 CATEGORY. Employment-Town DEPARTMENT. Accounting Acknowledges the Intent to Retire Terry Schneider Southold Town Board Regular Meeting November 20, 2018 page 24 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 acknowledtes 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 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dimzio Jr Mover 0 Ii El ❑ Supervisor's Appt William P.Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter ❑ ❑ ❑ D ❑ 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 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ElWithdrawn James Dmizio Ir Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover D ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter D ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter ❑ ❑ ❑ 0 ❑ No Action ❑ Lost Southold Town Board Regular Meeting November 20, 2018 page 25 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 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled _ _ ❑ Withdrawn James Duuzio Jr Voter Rl ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Mover EI ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter IZI ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter ❑ ❑ ❑ D ❑ No Action ❑ Lost 2018-1013 CATEGORY: Attend Seminar DEPARTMENT: Town Attorney Attend Youth Court Seminar 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 December 9t" 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 123 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended James Dmizio Jr Voter 0 ❑ 1 ❑ ❑ ❑ Defeated William P Ruland Voter 0 ❑ ❑ ❑ 0 Tabled Jill Doherty Voter EI 0 0 ❑ Southold Town Board Regular Meeting November 20, 2018 page 26 ❑ Withdrawn Robert Ghosio Seconder Q ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P Evans Mover ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A Russell Voter ❑ ❑ ❑ 0 ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2018-1014 CATEGORY. Public Service DEPART TENT• Town Attorney R 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 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dimzio Jr Voter E ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter Rl ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter Rl ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover 2 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter ❑ ❑ ❑ lz ❑ No Action ❑ Lost 2018-1015 CATEGORY. Enact Local Law DF.PARTYWENT. Town Clerk Enact LL - Chapter 34-Housing Fund WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 23rd day of October, 2018, a Local Law entitled "A Local Law in Southold Town Board Regular Meeting November 20, 2018 page 27 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. 13 of 2018 A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 34, Housinji 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 whe are residents of the Town of Southold and/of employed in+1, T, f c t 'a 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 it the fives of reg de axholive d,ter-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 a sizable number of individuals and families residents who lack the financial means to rent and/or purchase housing within the Town. 1 ti fo ty l-.1,,,sing •11 b f 11 G. i�6o•pci-rcrcroirror-conrirr'dnr�Zzvu�i�dvirr-ac—a�Zvrxvws ineeme eligible individuals/families who live and work in the Tewn of Southold W-he pimozide volunteer- Tier-g€ney/fife s 4 g-sem4-es for-r-esidents-of the Town. (2) Ineeme eligible live and wer,]�-: in the Town of Southold. (3) income eligible individuals/families , ,1, 1' in the Toyffi of Southold. (4) ineeme eligible individuals/families who wor4E in the Tvvzry c. (5) ineeme eligible individuals/families who pr-evieusly fived 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 Southold Town Board Regular Meeting November 20, 2018 page 28 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 approved 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. DOUSING 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 HUDR 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 residents who wor7k 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- vein the Town,- (3) mewn;(3) The actual production of community housing for sale to income-eligible individuals or families residents who work and/or-live it theme in conjunction with other public/private partnerships such as the North Fork Housing Alliance and the Community Land Trust of Southold Nvho agree with the stated „ rity population and ifloolne eligi i!45 !i"'p i - - (4) The actual production and maintenance of rental housing for rent to income-eligible individuals or families Y-esidepAs who weric and/or- live in the Town or in conjunction with Southold Town Board Regular Meeting November 20, 2018 page 29 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. (6-5) 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 wor-k 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; (8-7) 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. (9-9) 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 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. Southold Town Board Regular Meeting November 20, 2018 page 30 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 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ El 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 2018-1016 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 0 Adopted ❑ Adopted as Amended ❑ Defeated - - El Tabled Yes/Aye No/Nay Abstain Absent El Withdrawn James D1mZ10 Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter Rl ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter ❑ ❑ ❑ 0 ❑ No Action 0 Lost Southold Town Board Regular Meeting November 20, 2018 page 31 2018-1017 CATEGORY. Property Acquisition Purchase DEPARTMENT: Land Preservation Fuchs Property Elect to Purchase, SEQRA WHEREAS, the Town Board of the Town of Southold held a public hearing on the 201h 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 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 Southold Town Board Regular Meeting November 20, 2018 page 32 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 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. Southold Town Board Regular Meeting November 20, 2018 page 33 ✓Vote Record-Resolution RES-2018-1017 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 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 Motion To: Motion to recess to Public Hearing RESOLVED that this meeting of the Southold Town Board be and hereby is declared _Recessed at 4:46PM in order to hold a public hearing. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans ABSENT: Scott A. Russell VI. Public Hearings PH 11/20 4:31 PM Fuchs Open Space Acquisition COUNCILMAN GHOSIO: Notice is hereby given that pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday,November 20, 2018, at 4:31 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of property from the Estate of Roy Fuchs. Said property is identified as SCTM #1000-88.-3-3.1. The total area of the property is 7.86± acres. The address of the property is 9800 Main Bayview Road in Southold. The property is located within the Agricultural-Conservation (A-C) zoning district. 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 is located on the southerly side of Main Bayview Road approximately 400 feet west of the intersection of Jacobs Lane and Main Bayview Road in Southold. The property also has approximately 415± feet of shoreline on Corey Creek. The proposed acquisition is for the Town of Southold, in a joint 50%/50%partnership with the County of Suffolk, to acquire fee title to the entire 7.86± acres for open space preservation. The exact area of the purchase is subject to survey. The purchase price for the entire 7.86± acre parcel is $800,000 (eight hundred thousand dollars) and the purchase will be funded by the Southold Town Board Regular Meeting November 20, 2018 page 34 Town's Community Preservation Fund and the County of Suffolk in a 50%/50%partnership which will include the purchase price and any related acquisition costs associated with the purchase of this property. 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. Sanitary Flow Credits may be available for transfer from the property upon the purchase of the property. The County of Suffolk will determine if Credits 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. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold,New York, and may be examined by any interested person during business hours. I have a notarized affidavit that this was noticed and advertised on the Town Clerk's bulletin board. I also have a copy of a legal notice from the Suffolk Times and a memorandum from the Local Waterfront Revitalization coordinator, that this action has been reviewed and is consistent with the policy standards and therefore consistent with the LWRP. That's it. COUNCILMAN RULAND: Is there someone in the audience that would like to address this? MELISSA SPIRO: Hi, Melissa Spiro, Land Preservation Coordinator. There is also a letter that came in today from the Peconic Estuary Program, supporting and encouraging the town to proceed as it meets the goals outlined in the Peconic Estuary Program comprehensive conservation and management plan and some other goals they outline in a letter. COUNCILMAN GHOSIO: Do you have a copy of that letter, Melissa? MS. SPIRO: I do. Shall I give it to you? COUNCILMAN GHOSIO: Yes, please. MS. SPIRO: So the Fuchs property is really an important property for the town and the county to preserve. The property itself is undeveloped and includes wetlands and frontage on Corey Creek. One of the things that makes it a high priority for the town for preservation is the fact Southold Town Board Regular Meeting November 20, 2018 page 35 that it's adjacent to 45 acres that the town and county have already preserved and it expands that existing preserve and improves access to it. The adjacent preserved property also includes significant amount of bay front and frontage on Corey Creek. So it's a great expansion for that preserve. As noted, this acquisition is a partnership with the county and all the costs will be shared equally. In addition, the Nature Conservancy has been helping to facilitate this project as the Nature Conservancy did for the project that I spoke about that is adjacent to it. Potential preservation of this property goes back many years. I remember discussing preservation in 2004 with Mr. Fuchs on behalf of the prior owner Mr. Hammel. After Mr. Hammel's passing, I again discussed preservation several times with Mr. Fuchs once he became the owner of the property, he inherited it from Mr. Hammel. Mr. Fuchs passed away several years ago and I would like to thank Mrs. Fuchs and the family for allowing the town and the county the current opportunity to proceed with preservation of the property. The town is using Community Preservation Funds for the open space purchase, the Land Preservation Committee has reviewed this and both the committee and I support the town proceeding with this very important open space purchase. Thank you. COUNCILMAN RULAND: Is there someone else that would like to speak to this? I would note that even though it is very difficult to see the map from far away, the parcel is in fact a key parcel in the Bayview area. It is very much a connecting link to there and fits well. Anyone else? (No response) Motion to close the hearing. This hearing was closed at 4:51 PM RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:'Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans ABSENT: Scott A. Russell PH 11/20 4:31 Pm - Chapter 34 COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN, WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 23rd day of October, 2018, a Local Law entitled "A Local Law in relation to an Amendment to Chapter 34, Housing Fund" so now therefor be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the 20c" day of November, 2018 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 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". Southold Town Board Regular Meeting November 20, 2018 page 36 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 rents of the T....,,, of Southold and/oremployedintheTown 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,-eifkvest i the lives a f rodents who live and/or- voFk in the Toym. The talented and vibrant energy that was and is invested in community land preservation must be replicated to create affordable housing for a sizable number of individuals and families residents who lack the financial means to rent and/or purchase housing within the Town. G. The prie"'�Fopulation for-Eemmunity b,..,,sing will be as 'vllows- ineeme eligible individuals4arnilies who live and work in the TwAm of Southold who previ e veluiiAeer-emergerrc-y/life saving sen4ees for residents of their (2) ineome eligible individuals/families who live and wor4E in the T-OV,% of Sout =eome—e4}gible individuals/families who live i the T,,.,,,, of South (4) ineemP eligible individuals/families who work i !he-Town of Sou (5) ineome eligible individuals/families w-ho previously lived in the Tow-n and wish to r-etum. 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. Southold Town Board Regular Meeting November 20, 2018 page 37 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 residents who work and/or n-the Tow-n 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/er-live in nein; (3) The actual production of community housing for sale to income-eligible individuals or families rests w-ho work and/or-live in the Tewn in conjunction with other public/private partnerships such as the North Fork Housing Alliance and the Community Land Trust of Southold 11wV agree V Y V�1+h stated priority ,l fftio and aligiti, li YY Lll L31Lthe *L guidelines; (4) The actual production and maintenance of rental housing for rent to income-eligible individuals or families residents whe wer4 and/orlive in the-�n 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. (6-5) 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 residentswho work and/or-five in them (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; (8-7) 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 Southold Town Board Regular Meeting November 20, 2018 page 38 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 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. I do have a signed and notarized affidavit that this has been published and advertised on the Town Clerk's bulletin board and again, I have a copy of the public notice and a notarized affidavit that this was published in the Suffolk Times. That's it. COUNCILMAN RULAND: Is there someone in the audience that would wish to speak at this public hearing? Mr. Dunn? ROBERT DUNN: Robert Dunn, Peconic. Item C, at the end of the paragraph, in addition, the Fund will compensate the seller for major capital improvements that are improved in advance by the Housing Advisory Commission. That second improved maybe should be approved? Southold Town Board Regular Meeting November 20, 2018 page 39 COUNCILMAN GHOSIO: I would think that that might be correct. Okay. Thank you. MR. DUNN: And if you could just backup a bit on that, in that same line, in addition the Fund will compensate the seller for major capital improvements that are approved, if you make that change. The idea of compensate, this would happen in front of it, I am 100 percent behind the concept here so I am not being critical, just to get (inaudible). This would happen when the person was selling, they would be looking to get their money out and we are using the term, in addition the fund will compensate, when you use the term compensate people right away, that's money and there may be a better word that you can put there with the same meaning that wouldn't give anybody the idea that that's the jackpot. These are people that are going to be leaving a home that they may have lived in for a while that they are now selling with restrictions in place and they are going into a new home that is perhaps free marketed and they are paying a much higher value and they are looking to get as much out as they can. So when you use the term compensate, it might give a grand allusion to people who didn't fully understand what they got into. You see where I am going with that. COUNCILMAN RULAND: Yes. MR. DUNN: I just think that may be better thought so as not to mislead anybody especially somebody who may have decided, oh, we'll add a bathroom and it was approved and now they want to be compensated, yeah, but you didn't have to put $4,000 Moen faucets in the bathroom. That was your choice so we can't compensate you for that because that's going to come out of the pocket of the next buyer down the road, so I just think that word compensate may be re- thought and... COUNCILMAN RULAND: Your point is well taken. COUNCILWOMAN DOHERTY: And can we go back to your first comment? I don't know if that were to be approved or improved. The way that I am reading it is `the fund will compensate the seller for major capital improvements that are-that should probably say were improved- in advance by the housing commission. MR. DUNN: The housing commission isn't making any approvals. COUNCILMAN GHOSIO: Right. COUNCILWOMAN DOHERTY: Oh, alright, I am thinking if the improvements were done through the housing commission. MR. DUNN: In other words, what I thought this was saying is we'll even consider improvements that you make to the property in the base price but you have to give us a heads up on that and we have to approve it. If you decide to add you know, a third kitchen, we are not going to compensate you for that because your family decided to have a third kitchen but if you decide to add a third bedroom we'll okay it and that will be included in the base price. I fully understand that. Southold Town Board Regular Meeting November 20, 2018 page 40 COUNCILWOMAN DOHERTY: And I was reading it that it might be you would be compensated for improvements you have made prior... MR. DUNN: To selling. COUNCILWOMAN DOHERTY: To sell it. Through the housing advisory. MR. DUNN: Okay. COUNCILWOMAN DOHERTY: But you are probably right on that. MR. DUNN: Okay, it's probably approved and it's just another word that I would... COUNCILWOMAN DOHERTY: That was already in there. COUNCILMAN RULAND: What we see is one person who read and understands it one way and another person who read and understands it a different way. So the word we are looking for is clarity, so it may be that different words need to be... MR. DUNN: Yes. COUNCILMAN RULAND: This is also why we have a public hearing. MR. DUNN: Absolutely. COUNCILMAN DINIZIO: Actually, this particular paragraph is not the subject of the public hearing, it's the changes to the law. COUNCILWOMAN DOHERTY: Right. This is already part of.... MR. DUNN: Okay but if we change it,then let's change it and make it right. Thank you. COUNCILMAN RULAND: Thank you. Is there someone else who wishes to speak to this? (No response) Motion to close the hearing. This hearing was closed at 4:59 PM RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans ABSENT: Scott A. Russell PH 11/20 4:31 Pm Vineyard View COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold hereby sets November 20, 2018 at 4:31 pm, as the time and place for a public hearing on the application of Conifer Realty and Community Development Corporation of Long Southold Town Board Regular Meeting November 20, 2018 page 41 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. I do have a copy of the notice of public hearing from the Town Clerk and I have a signed affidavit that this was advertised on the Town Clerk's bulletin board and I have a notarized, signed affidavit that this was published and noticed in the Suffolk Times. And I think that's all I have. COUNCILMAN RULAND: Okay. Is there someone who would like to speak to this public hearing? (No response)No one? Motion to close the hearing. This hearing was closed at 5:01 PM RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans ABSENT: Scott A. Russell Closing Comments Councilman Ruland COUNCILMAN RULAND: That concludes our agenda items. Is there someone in the audience that wishes to speak to any item, whether it's on the agenda or not. (No response) Thank you everyone. Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 5:06 P.M. 1 �Y Eli beth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans ABSENT: Scott A.Russell