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HomeMy WebLinkAboutTB-09/10/2019 ELIZABETH A.NEVILLE �gpFFO(�c Town Hall, 53095 Main Road, TOWN CLERK hoop o PO"Box 1179 Southold,NY 11971 REGISTRAR OF VITAL STATISTICS o Fax(631)765-6145 'MARRIAGE OFFICER y�o! dao! Telephone: (631)765 --1800 RECORDS MANAGEMENT OFFICER southoldtown.northfork.net' FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING September 10, 2019 4:30 PM A Regular Meeting of the Southold Town Board w_ as held Tuesday, September 10, 2019 at the Meeting Hall, Southold,NY. Call to Order 4:30 PM Meeting called to order on September- 10, 2019 at Meeting Hall, 53095 Route 25, Southold,NY. Attendee Name Organization Title Status Arrived James Dinizio Jr Town of Southold Councilman -Present William P. Ruland Town of Southold Councilman Present Jill Doherty_ Town of Southold Councilwoman Present Robert Ghosio _ _ j MTown of Southold Councilman ._v Presents-P „ Louisa P. Evans Town of Southold Justice Present Scott A. Russell m Town of Southold Supervisor __ _ g Present _I_v _.__.,,�..._..___��_-_ _____i_.. �.. Elizabeth A. Neville f Town of Southold _Town Clerk J Present William M Duffy Town of Southold Town Attorney Present I. Reports 1. Town Clerk Monthly Report 2. Zoning Board of Appeals Monthly Report 3. Recreation Department Monthly Report II. Public Notices III. Communications IV. Discussion 1. 9:00 Am - Peter Scully, S.C. Deputy County Executive Southold Town Board Regular Meeting September 8, 2019 page 2 2. 9:45 AM - Councilman Ghosio, Michael Collins 3. 10:00 AM- Michael Collins, Kristie Hansen-Hightower, Jeff Standish,Tim Abrams 4. 10:15 AM- Justice Evans, Michael Collins, Jamie Richter,Jeff Standish,Vincent Orlando 5. 10:45 AM -Denis Noncarrow, Michael Collins,Mark Terry 6. 10:30 AM - Michael Collins,Vincent Orlando,Roger Tabor 7. 11:15 AM-Denis Noncarrow 8. 11:00 AM- Dr. Ann Smith, Denis Noncarrow 9. 11:30 AM-Louise Harrison, Save the Sound 10. MIII Zoning 11. Pending Legislation 12. Letter of Appreciation Received Motion To: Motion to Enter Executive RESOLVED that the Town Board of the Town of Southold hereby Enter into Executive Session at 11:58 AM for the purpose of discussing the following matters: Proposed Property Acquisition(S), Sale or Lease of Real Property, Publicity of Which Would Substantially Affect the Value Thereof: 1:00 PM-Melissa Spiro, Land Preservation Labor-Matters Involving the Employment/Employment History of a Particular Person(S) 1 1:30 PM - Engineering and Highway Litigation: Elite Towers vs. Town of Southold Elite Towers vs. Town of Southold RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell 13. EXECUTIVE SESSION - Proposed Property Acquisition(S), Sale or Lease of Real Property, Publicity of Which Would Substantially Affect the Value Thereof 14. EXECUTIVE SESSION -Labor-Matters Involving the Employment/Employment History of a Particular Person(S) 15. EXECUTIVE SESSION -Litigation Southold Town Board Regular Meeting September 8, 2019 page 3 Motion To: Motion to Exit Executive RESOLVED that the Town Board of the Town of Southold hereby Exit/Recess from this Executive Session at 2:44 PM. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Motion To: Recess 9:00 AM meeting RESOLVED that the Town Board of the Town of Southold hereby Recess this 9:00 AM meeting of the Town Board at 2:44 PM until the Regular 4:30 PM Meeting of the Southold Town Board. RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER:Louisa P. Evans, Justice AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Pledge to the Flag Motion To: Reconvenes 9:00 AM meeting RESOLVED that the Town Board of the Town of Southold hereby reconvenes the 9:00 AM meeting of the Southold Town Board at this 4:30PM Regular Meeting of the Southold Town Board. RESULT: ADOPTED [UNANIMOUS] MOVER: Scott A:Russell, Supervisor SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Opening Comments Supervisor Scott A. Russell SUPERVISOR RUSSELL: Would everybody please rise for the Pledge to the Flag? Thank you. I am going to invite anybody that would like to make any comments on the agenda to please feel free? Bob Hanlon, Orient BOB HANLON: Good afternoon, I am Bob Hanlon I'm speaking to the item 2019- 763,there's a proposal to amend a law regarding accessory apartments. I strongly support the expansion of accessory apartments in our communities, we need more apartments to ease the housing population of our growing children, the people who work in our shops, our restaurants and our fields. We need more market rate apartments and we need more affordable apartments. But we need rules about creating those apartments that are well-thought out. We need to build those apartments without creating other problems without undermining the character of our community. The ZBA has unanimously asked for changes in the code to include more safeguards. They want to ensure the apartments that are supposed to be safe for our families or Southold Town Board Regular Meeting September 8, 2019 page 4 those eligible for the affordable list actually go to those individuals and don't just become opportunities for speculators to lease them to the highest bidder. The Housing Advisory Committee has unanimously asked for more restrictions on apartments and main dwellings to limit all accessory apartments to family members or those eligible for affordable housing. But the Commission rightly points out that Southold standard for affordable housing is not just for the very poor. It includes individuals who earn up to $104,000 per year and a family of four earning up to $148,000. Affordable housing is middle class housing. Most families in Southold are eligible. At its work session yesterday, the Planning Board unanimously agreed the proposed code should be modified, to limit rentals to tenants who rent the accessory apartments as their primary residence. We do not need to create apartments for weekend or seasonal presence secured by an annual lease. We do not need to create apartments that are rented annually but then sublet to a rotating cast of tenants like a Hamptons share house. We need these apartments for those who live and work in our community. At the public hearing, I acknowledged that the proposed law would still include a provision that a one year lease be shown for restricted apartments but the proposed code doesn't include safeguards that ensure that the people on that lease demonstrate eligibility. In fact, the proposed code specifically deletes the certification by the owner of the tenants eligibility and the obligation to produce a lease only applies to year one. There is no mechanism in the code or the rental permit procedures to ensure the subsequent tenants meet those criteria. The weakness of safeguards further undermines the difficult task of finding apartments for those most in need. The proposed code does nothing to foster the creation of apartments where our draft comprehensive plan says they should be concentrated, near our hamlet centers. In fact, it does the opposite. Almost all the properties that are being added are the homes that are not the principal resident of the owner. These homes are concentrated on the shoreline neighborhoods, away from the hamlet centers. We are adding density in exactly the place we say we want to avoid density. Send it back for discussion. Consider the recommendations of the ZBA, the Housing Advisory Commission and the Planning Board. Seek input from others in the community, including the civic groups, and community groups that serve those eligible for affordable housing. We need more apartments. This is not the way to go. SUPERVISOR RUSSELL: I will give you, actually, I am willing to pause the enactment tonight of the accessory apartment amendments. The goal of that amendment was very narrow, very focused with only one outcome in mind. Unfortunately I believe that through half-truths and outright falsehoods, it has been muddied for political purposes and that the public doesn't have an understanding of how little the code changes as a result of what is proposed. I am willing to pause and not take a vote on it if for no other reason than to explain to the public that words like two family housing, AirBnB's are scare tactics and nothing more. There's nothing in this code that makes it any less enforceable than the existing code. However, that's a discussion we can have. I assure you, I will not vote on it tonight. I am willing to pause. MR. HANLON: Thank you. SUPERVISOR RUSSELL: Who else would like to address the Town Board? Anne Murray, East Marion ANNE MURRAY: Anne Murray from East Marion. Glad to hear you are not going to vote on it tonight. I hope the rest of the'Town Board agrees to do that as well. I do think you need to Southold Town Board Regular Meeting September 8, 2019 page 5- explain the ins and outs of this new law to the public because I think you are right, people don't understand it and I know in East Marion we have a big concern about short-term rentals which are still happening and if this gives an opening for more, we don't want to see it. Thank you very much. SUPERVISOR RUSSELL: I appreciate it Anne. I believe the misunderstanding was, most of the code has not changed, the misunderstanding was perpetuated simply based on not reading the entire code. I will make sure that the public has a clear understanding of where the code is going and that the enforceability is still in place and yes, you are required to submit annual leases. I got comment from someone I met the other day who said, well, I want to know who lives next door to me. Well, ironically, this law requires that. Because the identity of the person has to be put on the lease and has to be submitted to the town. However, like I said, those are some misunderstandings that need to be brought to the public and I think it needs to be looked at in a clear, objective light. Tom? Tom Shearin TOM SHEARIN: Tom Shearin. Unfortunately, there's no pamphlets left but what I understand is that on the agenda is that one of the chairs of the Democratic party wants to boycott businesses that are not affiliated with the Democratic party and if they support other individuals, he would like the town to take some action against them. And a little flabbergasted that someone would even bring that up but I think it's a little misled and I am a little disturbed that it's a town employee that the tax payers pay for. I think opposing opinions are good, it works good for this country, it works good for us as a nation and it works good for us as a community. I don't think that political views should be brought into any kind of boycott of any business and I am just wondering what the town is going to do to see that this boycott doesn't happen, I guess really more than anything. I just really am not quite sure where this is all going but I am perplexed by it. SUPERVISOR RUSSELL: Who is asking? A Democratic party official was asking for a boycott of businesses... MR. SHEARIN: Correct. He has been on Facebook in the past and he has mentioned irrigation companies that are supporting opposing views of his party and he said that people should go elsewhere and I think that they have that right but I am not quite so sure that he has the right to be on social media promoting this. As an individual, people have the right to pick and choose who they would like to have work for them and I am all for that but I don't think that you can go on social media and tell people that they should go elsewhere just because of a political view or opinion. Not only that, I think Dr. King had a different view many years ago on the colors of people should not be taken into consideration for anything and I think that anybody's religious or political views should be the same, that as a nation we should not fight each other on our differences but come together on them. And I would like to knkow what the town thinks about it, the Town Board members and what they can do about it because I just don't think it's right. SUPERVISOR RUSSELL: Alright. A member of the Democratic party or a Democratic party official? Southold Town Board Regular Meeting September 8, 2019 page 6 MR. SHEARIN: He, I believe he is co-chair. SUPERVISOR RUSSELL: Co-chair of the Democratic party. MR. SHEARIN: Correct. SUPERVISOR RUSSELL: Who is organizing boycotts of businesses that support Republicans? MR. SHEARIN: Correct. SUPERVISOR RUSSELL: Or opposing points of view? MR. SHEARIN: Correct. SUPERVISOR RUSSELL: And he works in town government? MR. SHEARIN: Correct. And he works for the town. If you like, I can tell you his name but I think it's, we can find out pretty simply. SUPERVISOR RUSSELL: Well, the fact that you said he is vice chair, that's a matter of public record. MR. SHEARIN: Co-chair, whatever the case may be. You know, just because we have differences doesn't make us any better or worse. SUPERVISOR RUSSELL: The person that you are talking of actually has discretionary authority in town government. Now what he is suggesting is that Republican businesses should be boycotted.... MR. SHEARIN: That people should not use them because they (inaudible) Republicans instead of Democrats, I just don't know... SUPERVISOR RUSSELL: It's essentially saying you should be punished for supporting people he doesn't support. MR. SHEARIN: Correct. I mean, you know, I work hard at my business and everybody else does there as well. I give up holidays and weekends and you know, I would like to think that my customers will take us on merit, yes, I do need my glasses. It says here Damon Peter Rallis, here's an updated list of businesses that are whoring out there properties for treasonous, cowardly (inaudible) Congressman Lee Zeldin re-election campaign, I am boycotting these businesses and you should too. I mean, this is like ridiculous. I don't understand how a town employee can, being paid by taxpayers and tell other people who to use and not to use just because they have opposing views. Southold Town Board Regular Meeting September 8, 2019 page 7 COUNCILMAN DINIZIO: I find it particularly chilling that that same face is looking across from a business person when he walks into Town Hall and that gentleman, that business guy, has to give all of his business plans and he takes them. I think that that's particularly chilling and even'intimidating. MR. SHEARIN: Well, once again, I don't do any of this, I have a flip phone, I don't do any of this but I just don't understand, I am really, I am totally set back by all of this. That somebody can be that vulgar and that discriminatory towards businesses that support the community. Like I said, we work hard to support the community and our customers benefit and I don't think I whore anything out. If anything, I am above board and fair with all my customers. I don't know how he has a right to say otherwise. SUPERVISOR RUSSELL: Well, what is concerning to me, first of all, it has nothing to do with the candidates. What it has to do with, if we have a Democratic party official who has discretionary'authority in town government calling for boycotts of businesses because they support candidates he does not agree with, that's disconcerting. Can those businesses ever expect a fair shake if he is going to sit in judgement of their applications? I would suggest not. I would suggest not and I find that absolutely abhorrent. COUNCILMAN DINIZIO: Also, you know, in my opinion it creates a bad impression in that office. Things can get lost, things can happen, building permits can get screwed up. Everybody makes mistakes but you know, when you have one, a face that sits there and openly is hostile towards... MR. SHEARIN: I just think it's in bad taste and not good policy and it doesn't benefit anybody. That's why you have your opposing parties, they can go to their meetings and discuss whatever they want, but to go here and try to deface businesses that are trying to do the right thing in the community as a whole and for their customers I think is just childish more than anything. I mean, we are supposed to be adults nowadays. We are not kindergarten kids, we should be conducting ourselves as such. Anyway, I guess that's really all I have to say, it's just, it's very disturbing. COUNCILWOMAN DOHERTY: Yes, it is. SUPERVISOR RUSSELL: I would' say it's disturbing and I would say the Democratic leadership and all the candidates should be prepared to condemn his behavior publicly. 'Yes, he's entitled to free speech but so are the businesses of Southold Town, regardless of party affiliation. MR. SHEARIN: Correct. I agree 100 percent. Bob Hanlon MR. HANLON: This isn't on the agenda but since I have been addressed as a Democratic candidate, I do feel the need to comment briefly. I understand that this gentleman is suggesting there is an official in town government who is behaving in an inappropriate way and perhaps an Southold Town Board Regular Meeting September 8, 2019 page 8 unethical way. He just read something on his phone that might give that impression and I don't know what it means or not. I don't see the context of it and I think that it is an allegation that is serious and deserves to be investigated. What I would strongly urge is that the Board, who has to sit in judgement in personnel matters retain their judgement and I would even suggest retain their comments until they have a chance to investigate. And I would suggest that it be investigated. I know, as a Democratic candidate, I am going to look into it because I don't want anyone who is affiliated with my activities to behave in any way that is inappropriate or unethical. I don't know what has happened but I am going to try to find out for my purposes. I would urge the Board to do the same thing. What I would also suggest, that the Board restrain their comments until they have a chance to look into this further and have a chance to find out the full context of what has or hasn't happened. SUPERVISOR RUSSELL: This is a labor issue. Should this be referred to counsel for thorough review? TOWN ATTORNEY DUFFY: Yes, definitely. We can do that. Inaudible, see if we can get a hold of those postings. SUPERVISOR RUSSELL: The postings. Alright, if you can provide us with any of that information, we will refer it to labor counsel for investigation. Tom Shearin MR. SHEARIN: Alright. COUNCILMAN GHOSIO: I am just curious, I see a group of people and I know one of the business owners here, are you all here for what.... MR. SHEARIN: A lot of us were listed in that list that he had on that. SUPERVISOR RUSSELL: I think you are addressing the issue because there's the ethics amendments on board for tonight. I will say that was actually, that was carried over because we are proposing changes to the ethics code, however, we referred those changes to the Ethics Board, irrespective of what you are raising tonight. We haven't gotten a response yet, so that's an issue we won't be acting on until we get comments from the Ethics Board. That's I think part of the confusion as to why it,wasn't on the agenda, probably in reference to that. Alright. Anne? Anne Murray ANNE MURRAY: Anne Murray from East Marion. My question is, why is this ethics thing on the agenda? Has there been a change from the previous policy and if so, can you explain what it was? SUPERVISOR RUSSELL: Yes, we had actually proposed changes to the ethics code. We actually talked about it at work session three or four weeks ago. Yes but we referred them to the ethics board for review and for amendment and when we get that back from the ethics board, if Southold Town Board Regular Meeting September 8, 2019 page 9 they deem those changes necessary or if they want them to make other changes, then we will bring it back to work session and then we will develop a draft and put it up for public hearing. But that was actually on the agenda, it was carried over from an early discussion. A lot of the agendas... TOWN ATTORNEY DUFFY: And I received informal comments from the Ethics Board in anticipation of receiving their formal comments, I had put this on the agenda in draft form, it should have been taken off, we didn't get their comments in time.... MS. MURRAY: When you put it up for public hearing you should explain what the changes are because it's kind of muddied in what I am looking at here. It's not clear why it is being changed, was there some issue that came up with up a person's ethics was in question? I mean, that's sort of.... SUPERVISOR RUSSELL: It's just general housekeeping to the ethics code, however, I will say yes, we want to wait and get the comments back because they want to make some more fundamental changes to it. MS. MURRAY: Yeah, I think most people who live in Southold would agree that the policy should be that, you know, politics stops at the door to Town Hall and people who work here shouldn't be political. I mean, you know, if there's a hurricane coming, I think people who are going to be rescued are not just Republicans or Democrats, so we want to have confidence that politics doesn't come inside Town Hall. Thank you. SUPERVISOR RUSSELL: Thank you. Would anyone else like to address any of the... Tom Shearin MR. SHEARIN: I would like to say one more thing. SUPERVISOR RUSSELL: I'll take this gentleman and then... MR. SHEARIN: I am a vet and proud of it, I never in my life would have ever asked anybody to boycott anybody that was one of my brothers in arms because of their political views. And I think that Damon Rallis should go to boot camp for a little while to get a taste of it, to see what it's like to really have a brotherhood that you stand behind no matter what. That you don't use opposing views to benefit you for political reasons. SUPERVISOR RUSSELL: I will tell you my issue here, my concern is, that you have a town employee, again with discretionary authority and then we have to worry about the integrity of town government, making sure everybody that walks through that door Democrat or Republican, Independent, Conservative, Libertarian, I don't care what you are, is going to get a fair shake. As Mr. Hanlon suggested, we are going to send it to labor counsel, get us any information you found, we will forward it to labor counsel for a full investigation. MR. SHEARIN: Okay. Southold Town Board Regular Meeting September 8, 2019 page 10 Aaron Ross AARON ROSS: Good evening, I want to thank the Town Board for taking the time to hear the concerns of your constituents. The reason I am here today is because I would like to discuss addiction. Specifically addiction to nicotine and tobacco. As I am sure you are well aware, there has been a lot of talk about the opioid addiction, which is a very serious concern in its own right. but if you look at the statistics, more people have been sickened and killed as a result of nicotine and tobacco addiction than even opioids. Recently there's been... SUPERVISOR RUSSELL: I am sorry, I don't mean to interrupt you and as a former smoker, I hear everything you are saying but the one thing, what we do at the beginning is we have the comments based on what appears on the agenda and then issues like you're raising would go ' after the agenda is completed. MR. ROSS: Sure, it's something to add to the agenda. SUPERVISOR RUSSELL: Well, what you would do is at the end. What we do know is take comments on the agenda that is already printed but I would certainly urge you to stay so we can hear what you have to say. MR. ROSS: Alright. I'll be back. SUPERVISOR RUSSELL: Yes, please. Bill Gildersleeve, Mattituck BILL GILDERSLEEVE: Hi, Bill Gildersleeve. My wife and I run Renee's in Mattituck. We happen to be one of the businesses that were being boycotted so, I find it, I don't want to be redundant but it's amazing, we work so hard. You know, I am going to be 60 years old, I have lived in this town my whole life and you know, I don't even know this guy, I don't know anything about him. I don't know why he would zero us out or anything like that. it makes no sense to me and you know, I think about the time and money we give to the community, the taxes that we pay. The jobs that we create, we give fashion shows, we give things away. Just yesterday we outfitted the family for free, that lost their daughter and for someone to say they- want to boycott us, I understand everybody has their right to decide where they want to shop or what they want to believe in but to do that in a public way on social media makes no sense. Supervisor Russell SUPERVISOR RUSSELL: Alright. Thank you. Would anyone else like to comment on any of the agenda items? (No response) Okay, we will get to the business of the agenda. V. Resolutions 2019-769 CATEGORY. Audit Southold Town Board Regular Meeting September 8, 2019 page 11 DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated September 10, 2019. ✓Vote Record-Resolution RES=2019-769 RI Adopted ❑ Adopted as Amended ❑ Defeated ------- ---------- ----- --- -- YesiAye No/Nay , Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr I Voter i 0 _ j ❑ ❑� ❑ — ❑ Supervisor's Appt William P Ruland Voter 1 0 11 El ( ❑ [ITax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover I 0 ❑ j ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 0 ❑ ❑ ❑ No Action ❑ Lost 2019-770 CATEGORY. Set Meeting DEPARTMENT: Town Clerk r Next Town Board Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, September 24, 2019 at Southold Town Hall, 53095 Main Road, Southold,New York at 7:00 PM. ✓Vote Record-Resolution RES-2019-770 0 Adopted ❑ Adopted as Amended ❑ Defeated -------- ------- - ---- ------------- --- -- Yes/Aye No/Nay AbsAbsent tain ❑ Tabled - - ----------- - -- ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ I ❑ ❑ Supervisor's Appt William P Ruland Voter ( 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Vot j er 0 ❑ ❑ El ❑ Rescinded Robert Ghosio i Seconder 0 I El El El ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ El ❑ Supt Hgwys Appt Scott A.Russell Voter D ❑ ❑ ❑ ❑ No Action ❑ Lost Southold Town Board Regular Meeting September 8, 2019 page 12 2019-771 CATEGORY.• Field Use-Town DEPARTMENT: Recreation Peconic Inline Hockey League Rink Use Fall 2019 RESOLVED that the Town Board of the Town of Southold does hereby grant permission to the Peconic Inline Hockey League to use the hockey rink at Cochran Park for local youth to play roller hockey September 25, 2019 -November 20, 2019 from 6:00 p.m.- 8:30 p.m on Mondays and Wednesdays. Applicant has filed with the Town Clerk a Certificate of Insurance naming the Town of Southold as additional insured. ✓Vote Record-Resolution RES-2019-771 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 1 0 ! ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder{ 0 j El ❑ ❑ Rescinded Robert Ghosio Voter 0 i ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter ( D ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell I Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-772 CATEGORY.• Contracts,Lease &Agreements DEPARTMENT. Town Attorney American Recreational Products, Inc. Agreement Financial Impact:playground equipment RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Agreement between the Town of Southold and American Recreational Products Inc. for Playground Equipment Installation and Site Preparation, subject to the approval of the Town Attorney. Funds in the amount of$260,000.24 are available in H.7110.2.500.400 (Peconic Playground ADA Improvements) ✓Vote Record 7 Resolution RES-2019-772 0 Adopted L Yes/Aye No/Nay Abstain I Absent ❑ Adopted as Amended James Drnizro Jr Voter D I ❑ ❑ ❑ ❑ Defeated William P Ruland Seconder 0 1 ❑ El — ❑ ❑ Tabled Jill Doherty Mover 0 1 ❑ ❑ ❑ ❑ Withdrawn Robert Ghosio Voter 0 1 0 0 ❑ Southold Town Board Regular Meeting September 8, 2019 page 13 ❑ Supervisor's Appt Louisa P Evans I Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A Russell I Voter ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2019-763 Tabled 8/27/2019 7:00 PM CATEGORY.• Enact Local Law DEPARTMENT: Town Clerk Enact LL Chapter 280, Accessory Apartments WHEREAS that there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 16th day of July, 2019, a Local Law entitled "A Local Law in relation to an Amendment to Chapter 280, Zoning, in connection with Accessory Apartments in the Town of Southold" 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 280, Zoning, in connection with Accessory Apartments in the Town of Southold" which reads as follows: LOCAL LAW NO. 2019 A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 280, Zoning, in connection with Accessory Apartments in the Town of Southold" BE IT ENACTED by the Town Board of the Town of Southold as follows: § 280-13 Use regulations. [Amended 3-14-1989 by L.L. No. 3-19891 In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. [Amended 5-23-1989 by L.L.No. 8-1989; 11-29-1994 by L.L. No. 25- 1994; 11-29-1994 by L.L. No. 26-1994; 5-13-1997 by L.L. No. 8-1997; 7-17-2007 by L.L. No. 15-2007; 6-15-2010 by L.L. No. 2-2010] Southold Town Board Regular Meeting September 8, 2019 page 14 (6) One accessory apartment in an existing one-family dwelling, subject to the issuance of a rental permit in accordance with § 280-13D and the following requirements: (b) One of the dwelling units shall be occupied exclusively by tThe owner of the existing dwelling shail eeeupy one of the dwelling units as the evaler's prineipal '-crow ienee. The other dwelling unit shall be leased for year-round occupancy, evidenced by a written lease for a term of one or more years. (c) The existing one-family dwelling shall contain not less than 1200 1-,600 square feet of livable floor area. (d) The accessory apartment shall contain not less than 350 4-5-0 square feet and shall not exceed 750 square feet of livable floor area and shall have no more than one bathroom. (1) The dwelling which is converted to permit an accessory apartment shall be in existence and be eligible for or have a valid certificate of occupancy issued at least ten (10)years prior to applying for an accessory apartment january 1, ''°°'t, or proof of legal occupancy prior to that date. (q) No accessory apartment shall be occupied by more than the number of persons permitted to occupy the dwellinll unit under Section 404 of the Property Maintenance Code of the New York State Uniform Fire Prevention and BuildinIZ Code. B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as special exception by the Board of Appeals, as hereinafter provided, and, except for the uses set forth in Subsections B(1), (13) and (14) hereof, are subject to site plan , approval by the Planning Board: [Amended 3-14-1989 by L.L. No. 3-1989; 5-20-1993 by L.L. No. 6-1993; 12-21-1993 by L.L. No. 3-1989; 11-29-1994/by L.L. No. 26-1994; 12-27- 1994 by L.L. No. 30-1994; 2-7-1995 by L.L. No. 3-1995; 11-12-1996 by L.L. No. 20-1996; 11-12-1997 by L.L. No. 26-1997; 12-8-1998 by L.L. No. 26-1998; 10-25-2005 by L.L. No. 18-2005; 6-15-2010 by L.L. No. 2-2010] (13) One accessory apartment in a lawfully existing detached accessory garage, barn or storage building, subject to the following requirements: [Amended 4-24-2018 by L.L.No. 3-2018] (a) The accessory apartment shall contain no less than 350 450 square feet and shall not exceed 750 square feet of livable floor area and shall have no more than one bathroom. (i) Occupancy of resident structures on the premises shall be subject to the issuance of an annual rental permit in accordance with § 280-13D and the following requirements: [1] The ewner of the pr-emises shall eeeupy Eeither the existing single-family dwelling unit or the accessory apartment in the detached accessory structure shall be occupied exclusively by the owner of the premises as the ^v aier-! ;pa ,-esi e n . The other dwelling unit shall be leased for year-round occupancy evidenced by a written lease for a term of one or more years to: Southold Town Board Regular Meeting September 8, 2019 page 15 )yanted, no ey,%er-of property shall eaase,permit, or-allow the eeeupaney or-use f an aeeessory apartment e eate,l r „+to R 280 13A(6)A(6) or R 740_1 214(1 2) < it + , Y1L11V KL LL 1-5- 2010 by L.L. Ne. 1 101 0] (1) G + + f app1 +• An application fora of pe,-mit or for a renewal of a re„4a1 permit shall bear-the notarized signature of the o<cfirer-aiideoRt.ain the following in (a) The name, date of bifth and telephone number of the ow%er. (b) The address of'the ,b,; et property el ud nor et addr-ess_an Suffolk (moo r+< Tax Map number (e) T t event t owner-is a corporation, art,, sl-,ip limited liability Compffily V. L, e address n telephone e n„mbe of each e/yv other-business � ..e:, P shareholder-, partv,er o member of s„eh business. prxxi�E , , • (.l) The name(s) and telephone number-(s) of all tenants Cel A eopy of the lease agreement between mer nrvclk alt. (f) A eopy f 41, rt•f: a+e of oeeupaney or-preexisting er4:fieate of o „a«,e< for (2) The owner- f an arseessery ar+,v,ev,t, r:+L,i an existing one family dwelling shall 4ddifion to tl, f dor neR 740 12 (1)(a) 4l,roug 1(f) .1 , „ V Y'1LAt LL -required,r T1 eeffifieation that the existing dwelling or-aecessofy apaFtment is oecupied*t-he 6111A,%Pff- ] tL, t+l,e, in comr l;anee :4T, all of the provisions of the Cole of the T f-S 4L, 1.1 41, laws .1 sanitary and housing ot e o ,m+c`�' f regulationsfGvl S ff 11 /1 the 1aws f the State f N York. (Z\ The f r artm „+i e nor, e+„relawfully isti„ ' „ .,.� ace ., e - nner<. , �� -'--� - "---'- -- ---- -'-__�_:--✓ --i---------- -�, - � t[11J L311 pursuant to § 280 13B(13) shall, in addition to the information required in § 280 . 2020171 (a) The existing single family dwelling or the aeeessor-y apaftment ir. the .,..censer. l:Slll11L 111 Lllt LALVLJJVl 4 4 is oeeupied b the s the is al r si/lenee owner-LLL, L.... \/....:.. � t/:...�:t.L.. ....,.......,..,. (b) The other dwelling unit on the subjeet propefty is to be eeeupied by either-a family L, .1' •.1 1 1, is cuff e„41u o., the Southold To„m Affordable u -A try and eligible for plaeement the rent established-by the T Board a ,allC-to § 280 30 of this (.l) The dwelling it ; in eemplianee with all of the ns of the GoAe of the Tovffi f Southold,l:l th la ,l tarn ,l lousing 1 4' of the Go, fAy of crrv�-Lzx��cGvv-sisinr:�trcur�iziia'zrv'crcfmg-r bL..LLL..,..� ..� L.... �..,.,...�J ..� cuff 1L and the lacus oft e State of New Vofl 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 September 8, 2019 page 16 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-2019-763 ❑ Adopted ❑ Adopted as Amended ❑ Defeated -- - ----- -- ----— --- — - 0 Tabled ( Yes/Aye I No/Nay Abstain 1 Absent ❑ Withdrawn James Dmizio Jr Voter ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Mover ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 I El ❑ El ❑ Rescinded Robert Ghosio Voter—1 [z I ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Secondeij 0 ❑ ( ❑ 1 ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ( ❑ ❑ ❑ No Action ❑ Lost Next:9/24/19 7:00 PM Comments regarding resolution 763 SUPERVISOR RUSSELL: Yes, I will pause on this like I said earlier. I think the whole issue has been muddied by misinformation, intentional or accidental, it doesn't matter. The public has the right to know what the code requires, what changes were made and more importantly, what changes weren't made. I also certainly hope that people who have raised the issue or raised the objections actually at one point in time (inaudible) and having recognized that we need apartments would actually support or make recommendations to changes that can make this law better to serve the needs of the community. As of such, I have received no such recommendation,'so I am going to vote. COUNCILMAN DINIZIO: I would like to make a comment, having brought this to code committee in the first place, none of this would have happened. You know, it's a long course for any law we discuss, we bring to code committee and certainly this is a very important, you know, it needs to be hashed out. We need a more comprehensive, affordable housing plan than just nitpicking around the edges. Yes, this only really changes one thing, that you own a house and you have an apartment in it, you don't have to live in it. That's leaning more towards an AirBnB than it is towards affordable housing for people. So you know, I just hate to see it characterized as political because people expect from this town that we will do things in a certain way and when we go out of that norm, it makes people uncomfortable. So you know, we are going to vote to table it but I would not have voted for it in the first place. So I am going to vote yes. SUPERVISOR RUSSELL: I am going to respond,this was actually put on a work session discussion, it was held in a public meeting not only that it was broadcast on channel 22. I asked the board if they just wanted to move forward, you were actually there, you never suggested a code committee meeting. Certainly if a board member wants a code committee meeting, this board has always agreed to that. We also have a public hearing for a reason. This is a board that Southold Town Board Regular Meeting September 8, 2019 page 17 has put many laws up that has agreed to either withdraw or pause on those public hearings because that's where we get the input, from the public hearings. Secondly, you keep tying this to affordable housing. The components to this law have to do with accessory apartments and the owner does have to live there, he simply does not have to clarify it as his principal dwelling. He has only, he or she or both, have the exclusive use of the property. No one else can live there. This is no less enforceable than the existing code. COUNCILMAN DINIZIO: Well, I think that's the point, Scott. SUPERVISOR RUSSELL: Okay, it's tabled. 2019-773 CATEGORY.• Grants DEPARTMENT. Justice Court ` Authorize Submission of a 2019 Justice Court Assistance Program (JCAP) Grant Application by the Southold Town Court Director RESOLVED that the Town Board of the Town of Southold hereby authorizes the Justice Court Director to submit an application to the Justice Court Assistance Program (JCAP) of the New York State Unified Court System, requesting a grant not to exceed $30,000.00, the maximum amount available, for the purchase of specific court related items. ✓Vote Record-Resolution RES-2019-773 * Adopted ❑ Adopted as Amended ❑ Defeated --- -- ----------�----- .. �-- -•----- ----- - ----- Yes/Aye i No/Nay i Abstain Absent ❑ Tabled ❑ Withdrawn — James Dmizto Jr Voter 0 � ❑�— ❑ � ❑ ❑ Supervisor's Appt Williaml? Ruland Voter D ❑ El El ❑ Tax Receiver's Appt Jill Doherty Voter p El ❑ ❑ El El Rescinded Robert Ghosio Seconde Q ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 1 El El ❑ Supt Hgwys Appt Scott A Russell ( Voter j 0 ❑ El El ❑ No Action ❑ Lost 2019-774 CATEGORY. Contracts,Lease&Agreements DEPARTMENT. Town Attorney AAA Transportation Program Funding Financial Impact.•Receive Funding-for Program RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Southold Town Board Regular Meeting September 8, 2019 page 18 Supervisor Scott A. Russell to execute the Agreement between the Town of Southold and the Suffolk County Office for the Aging for the Town to receive funding under the AAA Transportation Program, IFMS No. 00000010323 - 001-6806-4980-95294, not to exceed $9,018.00 for the period April 1, 2019 through March 31, 2020 (with one extension at the County's option), subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2019-774 Q Adopted - [I Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabledi ----- ------ -- - --- El Withdrawn James Dmizio Jr Voter Q j ❑ { ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter Q ! ❑ ❑ El ❑ Rescinded Robert Ghosio Mover Q ! ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconde� Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-775 CATEGORY.• Legal DEPARTMENT. Town Attorney Peters Claim Settlement RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the payment of the sum of One Hundred Fifty Five dollars and ninety eight cents ($155.98)to Kristen L. Peters for property damage stemming from an incident on July 9, 2019, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2019-775 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled - ❑ Withdrawn James Dmizio Jr Mover Q ❑ ❑ El ❑ Supervisor's Appt William P Ruland SecondedQ ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter Z ❑ ❑ _ ❑ ❑ Rescinded Robert Ghosio Voter Q I ❑ El ❑ ❑ Town Clerk's Appt Louisa P Evans ( Voter Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action 0 Lost Southold Town Board Regular Meeting September 8, 2019 page 19 2019-776 CATEGORY.- Employment-Town DEPARTMENT: Accounting Acknowledges the Intent to Retire Connie Solomon WHEREAS,the Town of Southold has received notification via U.S. Mail on September 3, 2019 from the NYS Retirement System concerning the retirement of Connie Solomon effective September 28, 2019 now therefore be it RESOLVED that the Town Board of the Town of Southold hereby acknowledges the intent to retire of Connie Solomon from the position of Deputy Town Comptroller for the Accounting & Finance Department, effective September 28, 2019. ✓Vote Record-Resolution RES-2019-776' 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye ;—No/Nay Abstain Absent ❑ Tabled ----——s--- --- - -- ❑ Withdrawn James Dmizio Jr Voter ❑ ❑ ❑ El Supervisor's Appt William P Ruland Seconded 0 ; ❑ � ❑ � ❑ ❑ Tax Receiver's Appt Jill Doherty Mover � D ❑ � ❑ � El Robert Ghosio Voter D ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt Louisa P Evans I Voter 0 i ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Rl ❑ ❑ ❑ ❑ No Action ❑ Lost Comments regarding resolution 776 SUPERVISOR RUSSELL: I just want to mention this is a big loss to Southold Town, I have had the honor and the privilege of working alongside Connie Solomon for probably just about as many years as I have been here. But I do wish her the best. 2019-777 CATEGORY.• Contracts, Lease&Agreements DEPARTMENT. Town Attorney Vehicle Tracking Solutions LLC Agreement Financial Impact: Vehicle Tracking RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a Two (2) Year Agreement between the Town of Southold and Vehicle Tracking Solutions LLC for the Silent Passenger System for the amount of One Thousand One Hundred Fifty One Dollars and Fifty Cents ($1,151.50) per month, funded Southold Town Board Regular Meeting September 8, 2019 page 20 from budget lines A.1620.4.400.900, A.1640.4.400.900, A.6772.4.400.900, A.7020.4.400.900; DB.5130.4.400.900, and SR.8160.4.400.950, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2019-777 Q Adopted ❑ Adopted as Amended ❑ Defeated - — --- — — -- Yes/Aye No/Nay Abstain Absent ❑ Tabled --- – ❑ Withdrawn James Dmizio Jr I Voter ( Q ❑ -------- ❑ _ 11Supervisor's Appt William P Ruland ( Mover Q i ❑ 0 ❑ ❑ Tax Receiver's Appt Jill Doherty Voter Q ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconde� Q 1 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter Q ❑ ( ❑ ❑ ❑ No Action ❑ Lost 2019-778 _ CATEGORY. Refund DEPARTMENT. Town Clerk Refund of Clean-Up Deposit and Overpay Special Event RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund of $350.00 to Peconic Bay Sailing Association Inc., PO Box 1196, Cutchogue,NY 11935 for overpayment of a Special Permit Application fee (B.2590.40 - $100.00) and clean-up deposit (T1.030 - $250.00). ✓Vote Record-Resolution RES-2019-778 Q Adopted ❑ Adopted as Amended ❑ Defeated ---------_.__.__-------- - Yes/Aye No/Nay Abstain Absent ❑ Tabled — -- ❑ Withdrawn James Dtmzio Jr Voter �� Cil ❑ ❑ 0 El Supervisor's Appt Welham P Ruland Voter Q ; El ❑ ❑ ❑' Tax Receiver's Appt Jill Doherty Voter I Q ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconde i Q ❑ ❑ El Louisa Clerk's Appt Louisa P Evans Mover i Rl ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter ( Q ❑ El ❑ ❑ No Action ❑ Lost 2019-779 Southold Town Board Regular Meeting September 8, 2019 page 21 CATEGORY• Budget Modification DEPARTMENT.• Accounting 2019 Budget Modification- Capital(IT) Financial Impact: Transfer funds for 2019 IT Capital Project WHEREAS the Town Board of the Town of Southold adopted a 2019 Capital Budget which includes appropriations for IT Equipment, and WHEREAS the Town's Capital Budget process requires a resolution to amend Capital Budget items in the Capital Fund, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby authorizes the amendment of the 2019 General Fund Whole Town and Capital Budgets as follows: From: A.1680.4.100.554 Central Data Processing, Tapes & Diskettes $50 Total $50 To: A.9901.9.000.100 Interfund Transfers, Transfer to Capital $50 Total $50 Increase Revenues: H.5031.35 Interfund Transfers, Personal Computers $50 Total $50 Increase Appropriations: H.1680.2.600.200 Capital Outlay, Computer Equip, Scanners $50 Total $50 ✓Vote Record-Resoluti6n RES-2019-779 Q Adopted ❑ Adopted as Amended Defeated Yes/Aye No/Nay Abstain ❑ Absent ElDefeated + ) --- El Withdrawn James Dmizio Jr I Voter (t! ❑ ❑ T 0 ❑ Supervisor's Appt William P Ruland Voter 0 ❑ { ❑ { ❑ El Tax Receiver's Appt Jill Doherty { Voter ❑ { ❑ ❑ ❑ Rescinded Robert Ghosio Mover ( Lel ❑ { ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder El19 j ❑ { ❑ ElSupt Hgwys Appt Scott A Russell Voter { D ❑ El ( El ❑ No Action ❑ Lost Southold Town Board Regular Meeting September 8, 2019 page 22 2019-780 CATEGORY: Attend Seminar DEPARTMENT. Accounting Attend Seminar-Accounting RESOLVED that the Town Board of the Town of Southold hereby grants permission to Kristie Hansen-Hightower and Laura Arena to attend a seminar on governmental finance in Hauppauge, NY, on October 3, 2019. All expenses for registration and travel to be a legal charge to the 2019 budget (A.1310.4.600.200 Meetings and Seminars). ✓Vote Record-Resolution RES-2019-780- 0 Q Adopted ❑ Adopted as Amended ❑ Defeated -- ------- —-------t--- - ----------- -- - - - Yes/Aye ; No/Nay AAbsent ❑ Tabled --- - Abstain I-- --- James Dmizio Jr Mover Q j ❑ ❑ ❑ Withdrawn ❑ ❑ Supervisor's Appt William P Ruland Voter Q ❑ ❑ ❑ El Tax Receiver's Appt Jill Doherty Voter Q ❑ El ❑ ❑ Rescinded Robert Ghosio ( Voter I Q 1 ❑ [1 ❑ El Town Clerk's Appt Louisa P Evans Seconder{ Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell ( Voter ! Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-781 CATEGORY.• Special Events DEPARTMENT: Town Clerk Special Events Permit Peconic Bay Sailing 2019-41 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Peconic Bay Sailing Association to hold a Special Event 2019-41 at Cutchogue Harbor Marina, 3350 West Creek Avenue, Cutchogue,New York as applied for in Application CHMIa for two (2) events: October 4, from 6:00 PM to 8:00 PM and October 5 from 6:00 PM to 11:00 PM, provided they adhere to all conditions on the application and permit and to the Town of Southold Policy for Special Event ✓Vote'Record-Resolution RES-2019-781 Q Adopted I ( Yes/Aye No/Nay ( Abstain I Absent - -------- ------------- - ❑ Adopted as Amended James Dmizio Jr Voter Q ❑ ❑ El ❑ Defeated William P.Ruland ji Seconder{ Q ❑ ❑ ❑ ❑ Tabled Jill Doherty Mover Q ❑ ( ❑ ( ❑ ❑ Withdrawn Robert Ghosio ( Voter Q ❑ ❑ ❑ 0 Supervisor's Appt Louisa P EvansVoter =Z ❑ ( ❑ ❑ Southold Town Board Regular Meeting September 8, 2019 page 23 J ❑ Tax Receiver's Appt Scott A.Russell Voter Q i ❑ I ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2019-782 CATEGORY.• Fireworks Permit DEPARTMENT.• Town Clerk Peconic Landing at Southold, Inc. Fireworks Permit RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the issuance of a fireworks permit by the Town Clerk to Peconic Landing at Southold, Inc. for a fireworks display on September 1, 2019 at 7:15PM (Rain Date: September 2,2019 at 7:15 PM), on the Peconic Landing's property at 1500 Brecknock Road, Greenport,New York, upon the payment of a single fee of$100 and subject to the applicant's compliance with the requirements of the Town's policy regarding the issuance of fireworks permits. ✓Vote Record-Resolution RES-2019-782 ' Q Adopted ❑ Adopted as Amended ❑ DefeatedYes/Aye No/Nay Abstain 1 Absent ❑ Tabled ---- --- ---- ❑ Withdrawn James Dimzio Jr' Voter h Q ❑ ❑ O ❑ Supervisor's Appt William P Ruland I Mover ( Q ❑ ( ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter Q ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter Q ❑ l ❑ ❑ Town Clerk's Appt Louisa P Evans Secondei} Q ❑ ❑ 11❑ Supt Hgwys Appt Scott A Russell —j Voter Q ❑ 1 ❑ ❑ ❑ No Action ❑ Lost 2019-783 CATEGORY.• Bid Acceptance DEPARTMENT: Engineering Accept City Energy Services'Bid for the Purchase of 2700°K LED Street Lights Financial Impact:H.5182.2.500.100 Southold Town Board Regular Meeting September 8, 2019 page 24 RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of City Energy Services, LLC to supply the Town with 2700°K LED Street Lights in the amount of $205,208.00, all in accordance with the Town Attorney. Funds are available in the following account code- H.5182.2.500.100 (Capital Fund- Street Lighting Project). ✓Vote Record-Resolution RES-2019-783 0 Adopted ❑ Adopted as Amended --- - --- -------------------- -- - ----------- - ❑ Defeated y Yes/Aye No/NaAbstain Absent ❑ Tabled �— ---�--^_- — - -- ay James Dmizio Jr Voter — D — ❑ �_❑— - ❑ ❑ Withdrawn ❑ Supervisor's Appt William P Ruland Voter 0 El El El oter �LL ❑ Tax Receiver's Appt Jill Doherty V 0 El El Elpp Robert Ghosio Seconde� 0 1 ❑ ❑ I ❑ El Rescinded ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Rl ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-784 CATEGORY.• Budget Modification DEPARTMENT: Recreation 2019 Budget Modification -Beaches Financial bnpact: To cover the overage of the beach parking permits RESOLVED that the Town Board of the Town of Southold hereby modifies the 2019 General Fund, Whole Town budget as follows: l From: A.7180.1.300.100 Seasonal Regular Earnings $3700.00 Total $3700.00 To: A.7180.4.100.150 Permits/Permit Applications $3700.00 Total $3700.00 ✓Vote Record-Resolution RES-2019-784 0 Adopted I Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended James Dmizio Jr Voter 0 ❑ F1 F,❑ Defeated William P Ruland -V—Oterr 0 ❑ ❑ ❑ ❑ Tabled Jill Doherty Voter 1 0 ❑ ( ❑ ❑ ❑ Withdrawn Robert Ghosio j Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt ❑ Tax Receiver's Appt Louisa P Evans j Secondee ❑ ❑ ❑ ElRescinded Scott A Russell Voter 0 ❑ El ❑ ❑ Town Clerk's Appt Southold Town Board Regular Meeting September 8, 2019 page 25 ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2019-785 CATEGORY.• Budget Modification DEPARTMENT: Solid Waste Management District 2019 Budget Modification:SWMD Financial Impact:Provide appropriations for contractual repairs on F350 front end; recycling and trucking fees. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2019 Solid Waste Management District budget as follows: From: SR 8160.4.400.811 Stump Removal $3,250 SR 8160.4.400.836 Single Stream Trucking 4,500 SR 8160.4.600.200 Meetings and Seminars 750 Total: $4,000 To: SR 8160.4.400.690 Repairs-Ford 350 pickup $2,000 SR 8160.4.400.815 Scrap Tire Removal 2,000 SR 8160.4.400.826 Clean Paper Trucking 3,500 SR 8160.4.400.839 Glass Recycle Fees 11000 Total $4,000 ✓Vote Record-Resolution RES-2019-785 Q Adopted ❑ Adopted as Amended ❑ Defeated _.. - -------- ----------�— -- --- - ---,---- ------- Yes/Aye ; No/Nay Abstain Absent ❑ Tabled — -- ❑ Withdrawn James Dmizio Jr Mo�,_ Q ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland I Voter Q ❑ ❑ � O ❑ Tax Receiver's s pt Jill Doherty Secon* Q 0 ❑ ❑ Robert Ghosio Voter Q El O ❑ El Rescinded ❑ Town Clerk's Appt Louisa P Evans Voter Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q �f ❑ ❑ ❑ ❑ No Action 11 Lost Southold Town Board Regular Meeting September 8, 2019 page 26 2019-786 CATEGORY: Ratify Fishers Island Reso. DEPARTMENT. Fishers Island Ferry)District FIFD 9/3/19 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 September 3, 2019, as follows: FIFD resolution# Regarding 2019 134 Airport 2019 135 Airport Lease 2019 136 Legal 2019 137 Legal ✓Vote Record-Resolution RES-2019-786 0 Adopted ❑ Adopted as Amended ❑ Defeated —� r Yes/Aye No/Nay Abstain Absent ❑ Tabled --r----- ---- — �_�— — ---_ James Dmizio Jr Voter El ❑ �❑ ❑ ❑ Withdrawn William P Roland Seconde lZ 0 0 ❑ ❑ Supervisor's Appt ❑ Tax Receiver's Appt Jill Doherty Mover El ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter ` D ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter Lel ❑ 11 ❑ ❑ Supt Hgwys Appt Scott A Russell _� Voter la El ❑ ❑ ❑ No Action ❑ Lost 2019-787 CATEGORY: Employment-Town DEPARTMENT.• Accounting Rescind Resolution Number 2019-748 RESOLVED that the Town Board of the Town of Southold hereby Rescinds Resolution Number 2019-748 which read as follows: RESOLVED that the Town Board of the Town of Southold hereby appoints Vanessa Faraone to the position of a Part Time Tax Cashier for the Tax Receivers' Office effective December 2, 2019, at a rate of$18.70 per hour, not to exceed 17.5 hours per week, subject to background search completion. Southold Town Board Regular Meeting September 8, 2019 page 27 ✓Vote Record-Resolution RES-2019-787 0 Adopted ❑ Adopted as Amended ❑ Defeated --- -– --- ---- ------ -- - -- - --- -— Yes/Aye j No/Nay Abstain Absent ❑ Tabled f ___ ._-_.' El Withdrawn James Dmizio Jr Voter 0 ;� ❑ [1-1 ❑ Supervisor's Appt William P Ruland Mover ! ❑ ( ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty I Voter 01 ❑ 1 ❑ ❑ ❑ Rescinded Robert Ghosio Voter [Z 1 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans I Secondee{ 0 j ❑ I ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell I Voter 0 1 ❑ I ❑ ( ❑ ❑ No Action ❑ Lost 2019-788 CATEG®RY. Refund DEPARTMENT. Town Clerk Various Clean Up Deposits WHEREAS the following groups have supplied the Town of Southold with a refundable Clean- up Deposit fee, for their events and WHEREAS the Southold Town Police Chief, Martin Flatley, has informed the Town Clerk's office that this fee may be refunded, now therefor be it RESOLVED that Town Board of the Town of Southold hereby authorizes a refund be issued in the amount of the deposit made to the following Name Date Received Amount of Deposit Southold Boy Scout Troop #6 6/12/19 $250.00 c/o Aileen Mazzei PO Box 53 Peconic,NY 11958 ✓Vote Record-Resolution RES-2019-788 0 Adopted I Yes/Aye No/Nay I Abstain Absent ❑ Adopted as Amended James Dmizio Jr Voter 0 ❑ 11 —� ❑ ❑ Defeated William P Ruland Voter 0 ❑ ❑ ( ❑ ❑ Tabled Jill Doherty Voter Z ❑ ❑ I ❑ ❑ Withdrawn Robert Ghosio Secondeij 0 ! ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P Evans Mover I 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A Russell ( Voter 0 ❑ ❑ ( ❑ ❑ Rescinded Southold Town Board Regular Meeting September 8, 2019 page 28 ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2019-789 CATEGORY: Committee Appointment DEPARTMENT. Town Clerk Appointment to Deer Management Task Force RESOLVED the Town Board of the Town of Southold hereby appoints James McMahon to the Deer Management Task Force effective through March 31, 2020. ✓Vote Record-Resolution RES-2019-789 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled James Dimzio Jr Voter Q ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt William P Ruland Voter Q j ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter Q ❑ ( ❑ ❑ ❑ Rescinded Robert Ghosio Mover Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans SecondR Q ❑ ' ❑ 1 ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-790 CATEGORY.• Misc. Public Hearing DEPARTMENT: Town Clerk 10/8/19 4:30 PM-PHfor CDBG Funds RESOLVED that the Town Board of the Town of Southold hereby sets 4:30 PM, Tuesday, October 8, 2019, Southold Town Hall, 53095 Main Road, Southold,New York 11971, as the time and place for a Public Hearing to hear citizens views on local housing and community development needs to be met with approximately $230,000.00 in Community Development Block Grant funds the Town of Southold expects to receive in April 2020 and authorizes the Town Clerk to publish an"Announcement of Public Hearing Notice". ✓Vote Record-Resolution RES-2019-790- Q Adopted I Yes/Aye I No/Nay I Abstain I Absent Southold Town Board Regular Meeting September 8, 2019 page 29 ❑ Adopted as Amended James Dimzio Jr Mover 0 i ❑ ❑ ( ❑ ❑ Defeated William P Ruland ( Voter 0 ❑ ❑ ❑ ❑ Tabled Jill Doherty Seconded 0 ; ❑ ❑ 1 ❑ ❑ Withdrawn Robert Ghosio Voter 0 ❑ ❑ ( ❑ ❑ Supervisor's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2019-791 CATEGORY.• Contracts, Lease &Agreements DEPARTMENT. Town Attorney Intermunicipal Agreement with Southold School District Financial Impact:Intermunicipal Agreement I RESOLVED that the Town Board of the Town of Southold authorizes and directs Southold Chief of Police Martin Flatley to execute an intermunicipal agreement between the Southold Police Department, Suffolk County Department of Fire, Rescue and Emergency Services and the Southold Union Free School District, regarding access to the School District's electronic devices, including but not limited to cameras, door access controls and digital video recording systems, subject to approval from the Town Attorney. ✓Vote Record-Resolution RES-2019-791 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled 0 Withdrawn James Dmizio Jr Voter T 0 ❑` ❑ —1� ❑ ❑ Supervisor's Appt William P Ruland I Secondee{ 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover 0 i ❑ ❑ ❑ ❑ Rescinded Robert Ghosio , Voter 0 ❑ ❑ ( ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 i ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell ( Voter 0 ❑ El 11 ❑ No Action ❑ Lost 2019-792 CATEGORY.- Contracts, Lease&Agreements Southold Town Board Regular Meeting September 8,'2019 page 30 DEPARTMENTTown Attorney Intermunicipal Agreement with Mattituck-Cutchogue UFSD Financial Impact:Intermunicipal Agreement RESOLVED that the Town Board of the Town of Southold authorizes and directs Southold Chief of Police Martin Flatley to execute an intermunicipal agreement between the Southold Police Department and the Mattituck-Cutchogue Union Free School District, for the School District's participation in the School Resource Officer Program, subject to approval from the Town Attorney. ✓Vote Record-Resolution RES-2019-792 Q Adopted ❑ Adopted as Amended ❑ Defeated I Yes Aye No/Nay Abstain Absent - ❑ Tabled --�- - - _ - � --:--sent ❑ Withdrawn James Dmizio Jr Voter — Q i ❑ ❑ 1 ❑ El Supervisor's Appt William P Ruland Mover Q ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter �l ❑ � ❑ � ❑ Robert Ghosio ❑ Rescinded ! Voter �Q i ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconde Q I ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell ('Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-793 CATEGORY.• Contracts,Lease &Agreements DEPARTMENT.- Town Attorney PBA Stipulation of Agreement-Ratify and Approve RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the Stipulation of Agreement dated March 18, 2019 between the Town of Southold and the Southold Town Police Benevolent Association and hereby authorizes Supervisor Scott A. Russell to execute same on behalf of the Town of Southold. ✓Vote Record-Resolution RES-2019-793 Q Adopted -- ❑ Adopted as Amended I Yes/Aye No/Nay Abstain _Absent ❑ Defeated James Dimzio Jr I Voter Q ❑ ❑ r EJ ❑ Tabled William P Ruland 7 7o—terF Q 1 ❑ ❑ ❑ ❑ Withdrawn Jill Doherty j Voter El ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio ( Seconder Q i ❑ 1 ❑ 1 ❑ ❑ Tax Receiver's Appt Louisa P Evans Mover Q ❑ ❑ ❑ ❑ Rescinded Scott A Russell Voter j Q ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt Southold Town Board Regular Meeting September 8, 2019 page 31 ❑ No Action ❑ Lost 2019-794 CATEGORY: Contracts, Lease&Agreements DEPARTMENT. Town Attorney Agreement Between the Town of Southold and the Suffolk County Board of Elections Financial Impact: Suffolk County Board of Election Agreement RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Agreement between the Town of Southold and Suffolk County Board of Elections in connection with leasing the Southold Town Senior Center for Primary and General Elections for 2019 and 2020, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2019-794 0 Adopted ❑ Adopted as Amended ❑ DefeatedYes/Aye—� No/Nay Abstain Absent ❑ Tabled � ❑ withdrawn James Dinizio Jr Voter 0 I ❑ 1 11 ❑ Supervisor's Appt William P.Ruland Voter 0 El ( ❑ El ❑ Tax Receiver's Appt Jill Doherty Voter 0 i ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover I 0 ❑ j ❑ 1 ❑ ❑ Town Clerk's Appt Louisa P Evans Seconded 0 ❑ ( 11 1 ❑ ❑ Supt Hgwys Appt Scott A Russell ( Voter 0 ❑ 1 ❑ 1 ❑ ❑ No Action ❑ Lost 2019-795 CATEGORY: Budget Modification DEPARTMENT: Accounting 2019 Budget Modification- Capital(Street Lighting) Financial Impact: Transfer funds for 2019 Street Lighting Capital Project WHEREAS the Town Board of the Town of Southold authorized a 2019 Capital project to upgrade the Town's Street Lighting, and WHEREAS the Town's Capital Budget process requires a resolution to amend Capital Budget items in the Capital Fund, now therefore be it r Southold Town Board Regular Meeting September 8, 2019 page 32 RESOLVED that the Town Board of the Town of Southold hereby authorizes the amendment of the 2019 General Fund Whole Town and Capital Budeets as follows: From: A.9060.8.000.000 Medical Insurance, NYSHIP $4,000 Total $4,000 To: A.9901.9.000.100 Interfund Transfers, Transfer to Capital $4,000 Total $4,000 Increase Revenues: H.5031.97 Interfund Transfers, Street Lighting Projects $4,000 Total $4,000 Increase Appropriations: H.5182.2.500.100 Capital Outlay, Street Lighting Project $4,000 Total $4,000 ✓Vote Record-Resolution RES-2019-795 R1 Adopted ❑ Adopted as Amended ❑ Defeated -F Yes/Aye i No/Nay Abstain Absent ❑ Tabled --- ❑ Withdrawn James Dmizio Jr I Mover 0 ; ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter R1 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconded R1 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter D ❑ j Li ---J- • Town Clerk's Appt Louisa P Evans Voter D ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter D I ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-796 CATEGORY. Budget Modification DEPARTMENT.- Accounting 2019 Budget Modification - Town Attorney Financial Impact:Increase budget for legal services RESOLVED that the Town Board of the Town of Southold hereby modifies the 2019 General Fund Whole Town budget as follows: Southold Town Board Regular Meeting September 8, 2019 page 33 From: A.9060.8.000.000 Medical Insurance,NYSHIP $85,000.00 Total $85,000.00 To: A.1420.4.500.100 Town Attorney, Legal Counsel $85,000.00 Total $85,000.00 ✓Vote Record-Resolution RES-2019-796 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dimzio Jr Voter Q ❑ ❑ ❑ El Supervisor's Appt William P Ruland Seconde Q El El ❑ Tax Receiver's Appt Jill Doherty Mover Q I 1ij ❑ ❑ ❑ Rescinded Robert Ghosio Voter Q i ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter Q ; ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter Q I ❑ ❑ ❑ No Action ❑ Lost 2019-797 CATEGORY: Budget Modification DEPARTMENT: Accounting 2019 Budget Modification -DPW Financial Impact:Move funds for asbestos work RESOLVED that the Town Board of the Town of Southold hereby modifies the 2019 General Fund Whole Town budget as follows: From: A.1620.2.10.400 Buildings and Grounds, Carpet $12,000 Total $12,000 To: A.1620.4.400.100 Buildings and Grounds, Building Maint/Repairs $12,000 Total $12,000 ✓Vote Record-Resolution RES-2019-797 Q Adopted Yes/Aye ' No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated James Dimzio Jr Voter [ _El ❑ ` 1 ❑ ❑ Tabled William P Ruland I Mover j Q ; ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Voter Q 1 ❑ ❑ ❑ El Supervisor's Appt Robert Ghosio Voter _ 0 El 11 El Southold Town Board Regular Meeting September 8, 2019 page 34 ❑ Tax Receiver's Appt Louisa P Evans I Seconder{ Q 1 ❑ 1 ❑ 1 ❑ ❑ Rescinded Scott A Russell Voter Q 1 ❑ 1 ❑ I ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2019-798 CATEGORY. Budget Modification DEPARTMENT. Accounting - 2019 Budget Modification -Street Lighting Financial Impact: Increase budget for insurance reimbursement RESOLVED that the Town Board of the Town of Southold hereby modifies the 2019 General Fund Whole Town budget as follows: Increase Revenues: A.2680.00 Insurance Recoveries $7,441 Total $7,441 Increase Appropriations: A.5182.2.500.500 Street Lighting, Fixtures $7,441 Total $7,441 ✓Vote Record-Resolution RES-2019-798 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/ ye 1 No/Nay Abstain Absent ❑ Tabled El Withdrawn James Dinizio Jr Voter Q i ❑ ❑ El ❑ Supervisor's Appt William P Ruland ! Voter Q ; ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter Q ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Mover I Q i El ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-799 CATEGORY.• Budget Modification Southold Town Board Regular Meeting September 8, 2019 page 35 DEPARTMENT.• Accounting 2019 Budget Modification- Capital(Dean's Parking Lot) Financial Impact: Transfer funds for Dean's Parking Lot Change Order WHEREAS the Town Board of the Town of Southold authorized a 2019 Capital project to reconstruct Dean's Parking Lot, and WHEREAS the Town's Capital Budget process requires a resolution to amend Capital Budget items in the Capital Fund, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby authorizes the amendment of the 2019 General Fund Whole Town and Capital BudLyets as follows: From: A.1990.4.100.100 Unallocated Contingencies $26,000 Total 26,000 To: A.9901.9.000.100 Interfund Transfers, Transfer to Capital $26,000 Total 26,000 Increase Revenues: H.5031.42 Interfund Transfers, Parking Lot Improvements $26,000 Total 26,000 Increase Appropriations: 1-1.5650.2.100.200 Parking Lots Capital Outlay, Dean's Parking Lot $26,000 Total 26,000 ✓Vote Record-Resolution RES-2019-799 0 Adopted ❑ Adopted as Amended ❑ Defeated --"" -- -- -- 11 Tabled -- Yes/Aye FNo/Nay Abstain Absent - ❑ Withdrawn James Dinizio Jr Voter 0 j ❑ ❑ ❑ Cl Supervisor's Appt William P Ruland I Voter D ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty , 0 1 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover D ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Secondeij 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 0 ❑ I ❑ ❑ No Action ❑ Lost Southold Town Board Regular Meeting September 8, 2019 page 36 2019-800 CATEGORY.• Property Acquisition Purchase DEPARTMENT.• Town Attorney Acquire Property-Mattituck WHEREAS, the Town Board of the Town of Southold is desirous of acquiring a parcel of real property as set forth hereinafter, and WHEREAS, the said property is situated at 12500 Main Road, Mattituck, Town of Southold, New York (SCTM No. 1000, Section 114, Block 11, Lot 17), being a parcel of real property which is required for the creation of a public park, and WHEREAS, in order to acquire the said parcel it is necessary that an appraisal of the value of the property be made in order that a fair and reasonable amount may be offered and paid to the owner of the real property, and WHEREAS, in order to acquire said parcel it may be necessary that certain title, appraisal and engineering services be performed; now,therefore be it RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Attorney to proceed to acquire a parcel of real property situated at 12500 Main Road, Mattituck, Town of Southold,New York (SCTM No. 1000, Section 114, Block 11, Lot 17), by negotiated purchase or by the exercise of Eminent Domain; and be it FURTHER RESOLVED that the Town Attorney is hereby authorized and directed to retain the services of a title examiner as well as an appraiser in furtherance of the acquisition of the real property herein; and be it FURTHER RESOLVED that the,Town Attorney is hereby authorized and directed to appoint an engineer for the purpose of performing engineering and related services as they may be required for the acquisition of the real property herein. ✓Vote Record-Resolution RES-2019-800 ' Q Adopted ❑ Adopted as Amended � ❑ Defeated — – - — — Yes/Aye ; No/Nay Abstain Absent ❑ Tabled -- — -- ❑ Withdrawn James Dmizio Jr Mover ❑ LI ❑ ❑ ❑ Supervisor's Appt William P Ruland ( Secondee{ LSI ! ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter ( D ❑ ( ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 I ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans i Voter D j ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter D ❑ I ❑ ❑ ❑ No Action 11 Lost Southold Town Board Regular Meeting September 8, 2019 page 37 2019-801 CATEGORY. Organizational DEPARTMENT: Town Attorney PH 10122 7:01 Pm- Chapter 26 Ethics WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 10th day of September, 2019, a Local Law entitled "A Local Law in relation to an Amendment to Chanter 26, Ethics" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the 22°d day of October, 2019 at 7:01 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 Chanter 26, Ethics" which reads as follows: LOCAL LAW NO. 2019 A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 260, Ethics" BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose The Town of Southold recognizes that there are rules of ethical conduct for public officers and employees which must be observed if a high degree of moral conduct is to be obtained and if public confidence is to be maintained in our unit of local government. It is the purpose of this local law to amend the Town's Ethics Code for the officers and employees of the Town of Southold in order to further ensure that there is the highest degree of public confidence in the conduct of the Town's officers and employees. § 26-2 Definitions. Unless otherwise stated or unless the context otherwise requires, when used in this chapter the terms herein shall have the meanings indicated: CONTRACT As defined in Article 18 of General Municipal Law, any claim, account or demand against or agreement with the Town, express or implied. CONSULTANT Any individual association partnership or corporation or an�emplo e�went thereof who has been retained to assist any board or agency in the discharge of its duties. Southold Town Board Regular Meeting September 8, 2019 page 38 "Consultant" shall also include any business partner, employer or members of the consultant's firm or company. POLITICAL ACTIVITIES Any activities related to partisan politics including but not limited to-, recruiting solicitation for fundraising, purchasing fundraiser tickets circulating and signing designating petitions, and distributing campaign literature and products invoking political reprisals, and any action that uses political influence to affect the duties and responsibilities of any officer or employee of the Town. POLITICAL PARTY COMMITTEE Any corporation or committee which operates to aid or promote the success or defeat of a political party and/or the election or defeat of any candidate within the Town of Southold. RELATIVE A spouse, former spouse, domestic partner, child, stepchild, son or daughter-in-law, brother, sister, parent, brother or sister-in-law, parent-in-law, niece or nephew, or parent of the Town officer or employee ora person claimed as a dependent on the Town officer's or employee's latest individual state income tax return. SUPERVISOR OF A TOWN OFFICER OR EMPLOYEE Any other Town officer or employee who has direction or control either directly or indirectly, over the activities of that Town officer or employee. Article II Rules of Conduct § 26-5 General prohibition. A. A Town officer or employee shall not use his or her official position or office, or take or fail to take any action, in a manner which he or she knows or has reason to know may result in compensation for any of the following persons: (DA. The Town officer or employee. QB. His or her outside employer or business or that of a member of his or her household. ME. A member of his or her household. fA)O. A customer or client. �Q£. A relative. Southold Town Board Regular Meeting September 8, 2019 page 39 B. Consultants. (1) Except as provided in Subsection B(2) (3) and (4) below, to avoid potential conflicts of interest a Town consultant shall not appear on behalf of any other client before the Town or anyagency thereof during the period of service to the Town by the consultant The Town shall specify the restriction in any written contracts entered into between the Town and consultants. However, failure of the contract to state the restriction shall not affect the enforcement of this section of the Town's Ethics Code. (2) The restrictions contained in this chapter shall not apply to consultants which: (a) Operate a business located within the Town and have been retained by the Town to perform a contract valued at$25,000 or less; or (b) Have a written contract with the Town in which the Town Board has expressly authorized an exemption for the consultant from the provisions of the Town's Ethics Code; or (c) Have received a special waiver from the Town's Ethics Board pursuant to Subsection B(4) of this section. (3) Nothing in this subsection shall be construed to prohibit a consultant from: (a) Appearing on his own behalf, or on behalf of the Town, before a Town agency. (b) Seeking or obtaining a ministerial act from an administrative officer; or (c) Receiving a Town service or benefit or using a Town facility, on the same terms on which such service benefit or facility is available to the public. (4) Special waiver. A consultant may make appearances before Town agencies otherwise prohibited by this section upon written approval of the Ethics Board and the consent of the involved Town agencies. The Ethics Board shall consider such gpproval on a case-by-case basis taking into account for such findings the following criteria: (a) The general expertise of the consultant. (b) The expertise of the consultant vis a vis the particular matter. (c) The extent of the consultant's involvement both for the Town and for the private client(s). J Southold Town Board Regular Meeting September 8, 2019 page 40 (d) The extent of the fees past or future to be paid to the consultant by the Town. (e) The impact such appearances may have on the public trust. (f) The statement of necessity from the involved Town agency. (g) Such findings shall be detailed in writing by the Ethics Board and filed with the office of the Town Clerk. § 26-12 Political Solieitation.Activities Prohibited. A Town offieer- or employee shall not knowingly request, or knowingiy atAherize anyone else `1 , J employee r rate in y A No person shall engage in any political activities on any Town premises at any time. Such prohibited activities include but are not limited to the following: (1) Sales or purchases of tickets to political events. (2) Discussion of tickets to political events. (3) Solicitation to join apolitical party or activity. (4) Discussion of promotions or transfers or changes of assignments or compensation on the basis of any political considerations. (5) Solicitation of funds or goods or services for political purposes. (6) Use of Town taxpayer-funded equipment computers Internet email telephones and supplies for political activity. B No person having supervisory control or who is superior in title to any official or employee of the Town shall engage in any of the following actions with subordinates at any time on or off Town premises: (1) Discussion of or solicitation of ticket purchases or sales. (2) Solicitation to join apolitical party or political activity. (3) Use of political considerations in discussing duties positions, compensation, changes in titles or work assignments. Southold Town Board Regular Meeting September 8, 2019 page 41 (4) Use of political considerations as the reason for promotions, assignment changes, demotions or termination. § 26-13 Restriction on elected official or member of board. [Added 2-3-2004 by L.L. No. 5-20041 No elected official or member of the Town Board, Planning Board, Zoning Board of Appeals, Board of Ethics, Board of Assessment Review or the Town Attorney shall be a committeeman or committeewoman, alternate committeeperson, or the officer of a political party committee. 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-2019-801 ❑ Adopted ❑ Adopted as Amended ❑ Defeated ------------------ - ----- ------- ; --I- - - -------- TYes/Aye . NoNAbstain Absent ❑ Tabled 0 Withdrawn --- James Dmizio Jr I Voter ­0 !-�p ❑�—__ ❑ ❑ Supervisor's Appt William P Ruland ( Secondeq 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty ( Mover I 0 ❑ El ❑ ❑ 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 Comments regarding resolution 801 SUPERVISOR RUSSELL: Subject to the input of the Ethics Board. 2019-802 CATEGORY.- Special Events DEPARTMENT. Town Attorney Special Events Permit Pugliese Vineyard 2019-41 RESOLVED that the Town Board of the Town of Southold hereby ratifies the Special Event of Cousins Maine Lobster to hold a Special Event 2019-41 at 34515 Main Road, Cutchogue,New Southold Town Board Regular Meeting September 8, 2019 page 42 York as applied for in Application Pug2a for one (1) event: September 8, from 11:00 AM to 6:00 PM provided they adhere to all conditions on the application and permit and to the Town of Southold Policy for Special Event ✓Vote'Record-Resolution RES-2019-802 2 Adopted ❑ Adopted as Amended ❑ Defeated yes/Aye i No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dinizio Jr Voter R1j ❑ ❑ � ❑ William P.Ruland Mover El El ❑ I ❑ ❑ Supervisor's Appt — ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ Rescinded Robert Ghosio j Voter D ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Secondee 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Rl ❑ ❑ ❑ ❑ No Action ❑ Lost VI. Public Hearinjjs None Closinj Comments Supervisor Russell SUPERVISOR RUSSELL: That concludes the agenda. I am going to invite anybody that would like to comment on any issue to please feel free? Aaron Ross, Laurel AARON ROSS: Aaron Ross. Well, as I was saying earlier, the issue that I would like to address today is addiction to nicotine and tobacco products. As you I am sure you are well aware of, what's happening is the tobacco and Jule and other companies from tobacco and nicotine makers, what they are doing is they are specifically targeting their marketing tactics towards young people. and what is happening you are having a lot of young people becoming addicted to not only cigarettes but also to nicotine vaping products and I think it's a very serious problem not only here but also in surrounding areas as well, nationwide, in fact. Now, as I am also sure you are aware of, the tobacco and Jule don't really care about people. All they care about is making profits. It doesn't matter to them that people are addicted, it doesn't matter to them that young people get sick, it doesn't matter that millions of people die as a result of tobacco and nicotine related illnesses. All they care about is selling as many of their products as possible and making as much money as possible. However, I think that as the town and here in the Town of Southold, we should not allow Jule and big tobacco to exploit our youth. Now it is also well known that they recently raised the age to 21, however, if you look at a 21 year old college kid, you realize that he's still a college kid and in fact, scientists know that your brain is not fully developed until your early 20's. And so young people, especially in their early 20's may not have the wisdom c Southold Town Board Regular Meeting September 8, 2019 page 43 and the life experience to realize what they are putting into their bodies and they are very vulnerable to being-exploited by big tobacco and nicotine vaping companies. One thing that the Town of Southold could do is to raise the minimum purchasing age for all tobacco and nicotine products to 25. That is what I am requesting that this Town Board may put on its agenda. To raise the minimum purchasing age for all nicotine and tobacco products to 25. I think it's a very important to step in reducing the occurrence of addiction among young people and studies do show that the vast majority of people who do smoke began smoking when they were under the age of 25. So I, raising the minimum purchasing age to 25, you will make it a lot more difficult for young people to have access to this dangerous and toxic and addictive substances and I also think that it will start a chain reaction, because if the Town of Southold raises the minimum purchasing age to 25, it is my contention that Riverhead will take notice, Brookhaven will take notice, Huntington and Smithtown will take notice and perhaps Suffolk County will take notice. I think it's important that eventually we would like to see as few people smoking as possible and by focusing on prevention I believe is a lot more powerful than focusing on curing people who are already sick. I would rather prevent someone:from becoming addicted in the first place than having to deal with their health, chronic health issues that happen,later in life. As the saying' goes, an ounce of prevention-is better than a pound of cure. And for this reason, I think that we should prevent our young people from having access to these dangerous and toxic substances and that's why I am calling on the Town Board here in Southold to raise the minimum purchasing age to 25. Set an example for other municipalities in the area and in doing so, you will be saving thousands of lives not only here but all around Long Island, New York State and beyond. And that is why I ask you to add this to your agenda. SUPERVISOR RUSSELL: I appreciate it, thank you. One of the stumbling blocks that might be an issue for the town to take action, is what they would call preemption. In other words, if it is regulated at a higher rate of government, the town might not have.the authority to impose its own rules and restrictions but certainly I believe they do at the county level and we will take all of the comments that you had made as part of the record tonight and we will send those over to our representative, Albert Krupski, who represents the community of Southold in the County Legislature. MR. ROSS: I do appreciate that. One more thing I want to mention to you is that if you look at Nassau County, the age was 19. And North Hempstead and Oyster Bay, the towns there raised it to 21. So,while at the county level was 19, even a municipality within the county may raise the age limit within its borders. So I want to assure you that it is within the Town Board of Southold jurisdiction that you may raise the minimum purchasing age in you know, Mattituck, Greenport basically`within the Town of Southold. You may not have the jurisdiction to do it in Islip but you can do it here. SUPERVISOR RUSSELL: Okay, I appreciate that. COUNCILWOMAN DOHERTY: Scott, maybe can I make a suggestion that we maybe talk to the Youth Bureau director and see if she can maybe do a prevention campaign with the Youth Bureau. Look into that, hit it at all angles. Southold Town Board Regular Meeting September 8, 2019 page 44 MR. ROSS: That would be a terrific way of doing things as well. I think it's important to hit it from every angle but one of the most important things I think we can do is make it illegal for anyone Mulder the age of 25 to purchase these products and not allow big tobacco to exploit our youth the way they have been doing for so many years. SUPERVISOR RUSSELL: Thank you. MR. ROSS: Thank you. SUPERVISOR RUSSELL: Who else would like to, Theresa Theresa McCaskie THERESA MCCASKIE: Good evening, Theresa McCaskie, Mattituck. Thank you for the opportunity to speak here. I am requesting if possible, the FAA held workshops in November 2018 regarding the FAA mandatory north shore route. It is almost 10 months since that meeting. At this time, there has been no response from the FAA as to whether the route will be extended, modified or if the route will expire in 2020. I, along with John Cullen who chairs the Riverhead Task Force have drafted a letter that I am hopeful Supervisor Russell and Supervisor Jens-Smith may consider sending in jointly to the FAA administrator Steven Dixon pending both Supervisor's approval. I believe it's important to address the FAA this time as City Councilman (inaudible) and US Representative Tom Suozzi are lobbying the FAA to continue shifting helicopter traffic to an alternative inbound route which the agency has been testing since October of 2018. Note that not all residents of Queens are benefitting from this inbound route. There hasn't been any statistical data being publicly shared to support the actual success of this route either. in no way should this route be added to the faulted north shore route. If anything, it should stand as an independent inbound route. I urge our Town Board and our Supervisor to work with Riverhead Town to submit a letter to the FAA opposing this inbound Queens route. If the FAA pass this route, it could permanently cement the faulted north shore route without any revisions to address our safety and noise concern. Thank you. SUPERVISOR RUSSELL: Thank you, Theresa. You actually sent me a template the other day, and I assure you, the letter will be going out. MS. MCCASKIE: I was able to draft something a little bit more, so I will send that to you which I shared with John as well for again, what we were thinking of, if the letter is to be done jointly that the FAA will say oh, well we only heard it from Southold or we only heard it from Riverhead. If it's done dually, two things are accomplished at the same time, so that was our thinking of that. SUPERVISOR RUSSELL: Absolutely. MS. MCCASKIE: Okay, thank you very much. John Cullen Southold Town Board Regular Meeting September 8, 2019 page 45 JOHN CULLEN: Hi, good afternoon. I agree with Theresa 100 percent and I hope the Board does also. I just wanted to inform you that July 2019 versus July 2018 there were 147 more helicopters landing at East Hampton Airport than last year and the same is going with August, the numbers are up tremendous. As their numbers go up, our quality of life goes down. I hope that this can be fixed soon and if not, I agree with your earlier statement this year, the airport should be closed and I hope the whole Town Board meets the same way if nothing changes. Thank you for your time. SUPERVISOR RUSSELL: If you think of being even more effective, I could have the east end Supervisors, I can email around and look for electronic signature and submit it as a group of five. I could also probably speak for the Supervisor of Brookhaven who would also probably lend his signature. MS. MCCASKIE: From what I understand, they are experiencing some more traffic as well, over in that area. So although John Cullen where he lives is a real bullseye per se but the concern with the Riverhead issue is also an environmental issue because he lives right near the oil tanks which those oil tanks store heating oil and if something catastrophic was to happen, it's not limited to Riverhead, the east end would be tremendously affected by, again, should there be a catastrophic accident there. So if that could be done with all supervisors to finally see if we could get a result from the workshops, that would be greatly appreciated. SUPERVISOR RUSSELL: Absolutely. I will say in East Hampton, I think the Supervisor there is really committed to being a good neighbor, I know the Supervisor before him was very committed to being a good neighbor. They are doing what they can to restrict flights. The irony is, is that the FAA actually gets to trump their decision making even though they actually own the airport outright. It might get to the point where you have to resort to, I guess what was referred to at one point as the nuclear option, which is to close the darn thing. MS. MCCASKIE: Thank you very much. Supervisor Russell SUPERVISOR RUSSELL: Thank you. Who else would like to address the Town Board on any issue? (No response) Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 5:27 P.M. P Eli eth A. Neville Southold Town Clerk Southold Town Board Regular Meeting September 8, 2019 page 46 RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice ` SECONDER:William P. Ruland, Councilman ' AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell r