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HomeMy WebLinkAboutTB-02/25/2020 ELIZABETH A.NEVILLE gpFFD(� Town Hall,53095 Main Road TOWN CLERK 5��� coos PO Box 1179 Southold,NY 11971 REGISTRAR OF VITAL STATISTICS o Fax(631)765-6145 MARRIAGE OFFICER y'�ol �a�� Telephone: (631)765- 1800 RECORDS MANAGEMENT OFFICER southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING February 25, 2020 4:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, February 25, 2020 at the Meeting Hall, Southold,NY. Call to Order 4:30 PM Meeting called to order on February 25, 2020 at Meeting Hall, 53095 Route 25, Southold,NY. Attendee Named Organization _ , Title Status' Arrived , SarahETNappa _Town of Southold Councilwoman Present James Dinizio Jr Town of Southold Councilman Present Jill Doherty Town of Southold Councilwoman Present Robert Ghosio Town of Southold Councilman Present _Louisa P. Evans Town of Southold Justice Present Scott A. Russell Town of Southold_ _ Supervisor Absent Elizabeth A. Neville_____j Town of Southold Town Clerk Present William M Duffy Town of Southold Town Attorney Present I. Reports 1. Trustees Monthly Report 2. Justice Court Reports II. Public Notices III. Communications IV. Discussion 1. 9:00 AM- Teresa McCaskie 2. 9:15 AM- Craig Jobes Southold Town Board Regular Meeting page 2 February 25, 2020 3. 9:30 AM -Lynn Nyilas, Youth Bureau Director 4. 9:45 AM -Leslie Weisman 5. 10:00 AM- Glenn Goldsmith, President Board of Trustees 6. Justice Evans 7. Councilwoman Doherty 8. Comprehensive Plan Implementation Update 9. Public Forum "Big houses in Southold Town" 10. Corner Lots Legislation 11. RFP for Renewable Energy Motion To: Motion to Enter Executive RESOLVED that the Town Board of the Town of Southold hereby Enter into Executive Session at 12:20PM for the purpose of discussing the following matters: Labor-Matters Involving the Employment Contract with a Particular Corporation(S) Town Attorney: 11:30 AM - Chief Flatley and Kristie Hansen-Hightower 11:45 AM - John Sepenoski Labor- Matters Involving the Employment of a Particular Person(S) 12:00 PM - Vincent Orlando, Highway Superintendent Proposed Property Acquisition(S), Sale or Lease of Real Property, Publicity of Which Would Substantially Affect the Value Thereof ` 12:15 PM - Melissa Spiro Potential Litigation - TOS V. Suffolk Brake 12:30 Pm- Jim Bunchuck RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Nappa, Dinizio Jr, Doherty, Ghosio, Evans ABSENT: Scott A. Russell 12. EXECUTIVE SESSION -Labor- Matters Involving the Employment Contract with a Particular Corporation(S) 13. EXECUTIVE SESSION -Labor- Matters Involving the Employment of a Particular Person(S) Southold Town Board Regular Meeting page 3 February 25, 2020 14. EXECUTIVE SESSION -Proposed Property Acquisition(S), Sale or Lease of Real Property, Publicity of Which Would Substantially Affect the Value Thereof 15. EXECUTIVE SESSION -Potential Litigation -TOS V. Suffolk Brake Motion To: Motion to Exit Executive RESOLVED that the Town Board of the Town of Southold hereby Exit/Recess from this Executive Session at 2:36PM. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Nappa, Dinizio Jr, Doherty, Ghosio, Evans ABSENT: Scott A. Russell 16. Update on Water Conservation Committee Pledge to The Flag Opening Comments Deputy Supervisor Jill Doherty DEPUTY SUPERVISOR DOHERTY: Please rise for the Pledge. Thank you. Before we begin, Scott has another commitment tonight, so he will not be here. Would anyone like to comment on any of the agenda items? (No response) V. Resolutions 2020-189 CATEGORY.• Audit DEPARTMENT. Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated February 25 2020. ✓Vote Record-Resolution RES-2020-189 Q Adopted ❑ Adopted as Amended — ❑ Defeated —� Yes/Aye ; No/Nay Abstain Absent ❑ Tabled Sarah E Nappa Voter Q ; ❑ ❑ 1 ❑ ❑ Withdrawn James Dmizio Jr Voter Q ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty Voter I Q ❑ ❑ ' ❑ ❑ Tax Receiver's Appt Robert Ghosio Seconde Q ❑ ❑ ❑ ❑ Rescinded Louisa P Evans Mover Q ❑ ❑ '❑ ❑ Town Clerk's Appt Scott A Russell Voter ❑ i ❑ ❑ ( Q ❑ Supt Hgwys Appt 0 No Action Southold Town Board Regular Meeting page 4 February 25, 2020 ❑ Lost 2020-190 CATEGORY.• Set Meeting DEPARTMENT.• Town Clerk Set Next Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, March 10 2020 at the Southold Town Hall Southold New York at 7:00 P. M.. ✓Vote Record-Resolution RES-2020-190 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye j No/Nay Abstain Absent ❑ Tabled — ❑ Withdrawn Sarah E.Nappa Voter7__ —( ❑ ❑ 1 ❑ ❑ Supervisor's Appt James Dmizio Jr Voter Q I ❑ ( ❑ i ❑ ❑ Tax Receiver's Appt Jill Doherty Voter Q i ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconde Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover Q ' ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter ❑ ❑ ❑ Q ❑ No Action ❑ Lost 2020-191 CATEGORY.• Employment-FIFD DEPARTMENT. Accounting Increase Salary Christopher Newell RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves Resolution Number 2020-034 of the Fishers Island Ferry District adopted February 18, 2020 which reads as follows: WHEREAS the Fishers Island Ferry District policy as described in the Employee Handbook and the CSEA Collective Bargaining Agreement grants a 3%longevity increase to wages when an individual has been employed by the Fishers Island Ferry District for five years; and, Whereas on January 1, 2020 Mr. Newell's were increased by 2%as part of the CSEA Collective Bargaining Agreement's annual rate increase and did not take into account his five-year longevity; and WHEREAS Christopher Newell has met that the longevity requirement. Now therefore be it Southold Town Board Regular Meeting page 5 February 25, 2020 RESOLVED that Mr. Newell's Captain (FIFD) wages be increased from $28.00 to$28.84, effective November 13, 2019. It is further RESOLVED to note that with effect January 1, 2020 Mr. Newell's pay rates for his Captain (FIFD) title be increased by 2%to$29.42 and management is requested to affect these rates and retroactive payments as soon as possible. IV'Vote.Record-Resolution RES-2020-191 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain F Absent ❑ Tabled ❑ Withdrawn Sarah E Nappa Mover 0 ❑ 1-0-1 ❑ ❑ Supervisor's Appt James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter lz 1-1 -7 ❑ I ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ I ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconded 0 1 ❑ I ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter ❑ ! ❑ ❑ 0 ❑ No Action ❑ Lost 2020-192 CATEGORY. Special Events DEPARTMENT.• Town Clerk Charity Tractor Ride Financial Impact: Cost Analysis: $434.40 RESOLVED that the Town Board of the Town of Southold hereby grants permission to LI Antique Power Association to hold a Charity Tractor Ride on April 26, 2020, traveling on Sound Avenue to Route 48, left onto Cox Lane, left onto Oregon Road, left onto Grand Avenue to Wickham Avenue, right onto Route 48 provided they adhere to the Town of Southold Policy for Special Events on Town Properties and Roads. All Town fees for this event, with the exception of the Clean-up Deposit, are waived. ✓Vote Record-Resolution RES-2020-192 0 Adopted ❑ Adopted as Amended — ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Sarah E Nappa Voter D i ❑ ❑ j ❑ ❑ Withdrawn James Dinizio Jr Mover Rl ❑ 1-1El ❑ Supervisor's Appt Jill Doherty Voter 0 ❑ ❑ ( ❑ ❑ Tax Receiver's Appt Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ RescindedLouisa -- -- - - -- ---- -- - -� -----P.Evans Seconder 0 ❑ ❑ I ❑ ❑ Town Clerk's Appt ----_---- -- ------- --- -- pp Scott A Russell Voter ❑ ❑ ❑ 0 ❑ Supt Hgwys Appt -- - — - - - - ❑ No Action Southold Town Board Regular Meeting page 6 February 25, 2020 ❑ Lost 2020-193 CATEGORY.• Employment-FIFD DEPARTMENT.• Accounting Salary Increases RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves Resolution Number 2020-035 of the Fishers Island Ferry District adopted February 18, 2020 which reads as follows: THEREFORE, IT IS RESOLVED to increase their wages and salaries as listed with effect February 27, 2020. EMPLOYEE EMPLOYEE FIRST Feb 27,2020 Rate LAST NAME NAME Lavin Robert $22.51 Franco Michael $30.50 Espinosa Nicholas $25.43 Ford Polly $24.84 Leese John $13.26 Nelson Lee $13.66 Bentley Kyle $13.66 Allen Jonathan $13.66 Kucsera Hunter $13.26 Spohn Evan $13.26 Ferace David $13.26 Haney Jonathan $76,483.68 Burns Ronald $100,988.93 Murphy Gordon $98,047.25 Morgan John $31.39 Vote Record-Resolution RES-2020-193 Q Adopted j Ives/Aye,No/Nayl bstain'Absent ❑ Adopted as Amended Sarah f ❑ Defeated E. Voter 1 Q I ❑ ❑ �s ❑� ❑ Tabled Nappa j ❑ Withdrawn James Dmtzio Voter I Q ❑ ❑ ❑ ❑ Supervisor's Appt Jr i ❑ Tax Receiver's Appt Jill ❑ Rescinded Doherty Voter Q I ❑ ❑ I ❑ 11 Town Clerk's Appt Robert SecondeF-Q ❑ 1 ❑ ❑ Southold Town Board Regular Meeting page 7 February 25, 2020 ❑ Supt Hgwys Appt Ghosio j ❑ No Action Louisa El Lost P Mover Q 1 ❑ ❑ 0 Evans Scott Voter ❑ ❑ ❑ Q Russell 2020-194 CATEGORY.• Employment-FIFD DEPARTMENT.• Fishers Island Ferry District Rescind Resolution 2020-152 RESOLVED that the Town Board of the Town of Southold hereby rescinds resolution 2020-251 adopted at the February 11, 2020 regular Town Board meeting in its entirety, which read as follows: RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves Resolution Number 2020-023 of the Fishers Island Ferry District adopted February 3, 2020 which reads as follows: WHEREAS the Fishers Island Ferry District policy as described in the Employee Handbook and the CSEA Collective Bargaining Agreement grants a 3% longevity increase to wages when an individual has been employed by the Fishers Island Ferry District for five years; and, WHEREAS Christopher Newell has met that requirement. now therefore be it RESOLVED that Mr. Newell's wages be increased from $28.00 to $28.84 per hour, effective November 13, 2019. ✓Vote Record-Resolution RES-2020-194 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No ay Abstain I Absent ❑ Tabled ❑ Withdrawn Sarah E Nappa Voter Q � ❑ ❑ ❑ ❑ Supervisor's Appt James Dimzio Jr Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter Q + ❑ El ❑ ! ❑ Rescinded Robert Ghosio Mover Q 1 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconde Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter ❑ ❑ ❑ I Q ❑ No Action ❑ Lost 2020-195 Southold Town Board Regular Meeting page 8 February 25, 2020 CATEGORY.• Ratify Fishers Island Reso. DEPARTMENT.• Town Clerk FIFD 2/18/20 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 February 18, 2020, as follows: FIFD Resolution# Regarding 2020 - 028 Grasslands Mgmt 2020 - 029 2020 Airport Rates 2020 - 030 Legal/lease 2020 - 031 Legal/rescind (corrected) 2020 - 032 Legal/rescind 2020-21 - o-2019 ✓Vote Record-Resolution RES-2020-195 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain i Absent ❑ Tabled – � ❑ Withdrawn Sarah E Nappa Mover Q ❑ ❑ —❑ ❑ Supervisor's Appt James Dimzio Jr Secondee{ Q i ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter ( Q ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter Q j ❑ ❑ I ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter Q ; ❑ ❑ I ❑ ❑ Supt Hgwys Appt Scott A Russell Voter I ❑ ❑ + ❑ Q ❑ No Action ❑ Lost 2020-196 CATEGORY.• Budget Modification DEPARTMENT: Public Works 2019 Budget Modification-DPW Financiallnzpact: Fund overdrawn accounts RESOLVED that the Town Board of the Town of Southold hereby modifies the 2019 General Fund Public Works budget as follows: From: A.1620.4.400.100 Building Maint/Repair $4,112 Southold Town Board Regular Meeting page 9 February 25, 2020 To: A.1620.4.600.200 Refuse Disposal $2,085 A.5182.4.400.700 Pole Rental 844 A.1640.4.100.200 Gas & Oil 670 A.3310.4.400.600 Signal MTC &Repair 499 Y A.1620.4.400.800 Trash Receptable Rental 10 A.5182.4.100.200 Gas & Oil 4 Total $4112 ✓Vote Record-Resolution RES-2020-196 Q Adopted ❑ Adopted as Amended ❑ Defeated — --- — – Yes/Aye No ay Abstain Absent ❑ Tabled --- ❑ Withdrawn Sarah E Nappa Voter ❑ I ❑ C�] ❑ ❑ Supervisor's Appt James Dmizio Jr Mover CEJ ❑ ❑ I ❑ ❑ Tax Receiver's Appt Jill Doherty I Voter 0 El ❑ 11❑ Rescinded Robert Ghosio Voter D ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconded D ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter ❑ I ❑ 1 ❑ El ❑ No Action ❑ Lost 2020-197 CATEGORY.• Budget Modification DEPARTMENT: Supervisor 2019 Budget Modification-Town Board Financial Impact: To appropriate money for the overexpended budget line for 2019 TB Travel Expenses RESOLVED that the Town Board of the Town of Southold hereby modifies the 2019 General Fund Whole Town budget as follows: From: A.1010.4.100.125 Town Board Code Updates &Law Books $1100.00 Total $1100.00 To: A.1010.4.600.300 Town Board Travel Expenses $1100.00 Total $1100.00 ✓Vote Record-Resolution RES=2020-197 0 Adopted Yes/Aye. I No/Nay Abstain j Absent ❑ Adopted as Amended - ---- ❑ Defeated Sarah E Nappa Voter ❑ I ❑ i ❑ 0 Tabled James Dmizio Jr Voter El j ❑ 11 ❑ Southold Town Board Regular Meeting page 10 February 25, 2020 ❑ Withdrawn Jill Doherty Voter 0 ❑ ❑ 1 ❑ ❑ Supervisor's Appt Robert Ghosio Secondee{ 0 ❑ ❑ ! ❑ ❑ Tax Receiver's Appt Louisa P Evans Mover D j ❑ ❑ i ❑ ❑ Rescinded Scott A Russell Voter ❑ ❑ ❑ 0 ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2020-198 CATEGORY.• Refund DEPARTMENT: Planning Board Refund Duplicate Resubdivision Application Fee RESOLVED, that the Town Board of the Town of Southold hereby refunds,the duplicate Resubdivision application fee in the amount of$500.00 received by the Planning Board on August 6, 2019 to Mary&Victor Zu a for the Zu a and Paradise Point HOA Resubdivision. ✓Vote Record-Resolution RES-2020-198 0 Adopted ❑ Adopted as Amended ❑ DefeatedYes/Aye No/Nay Abstain i Absent ❑ Tabled _. —I------- ---- ----- ❑ Withdrawn Sarah E Nappa Voter 0- ( ❑ ❑ I - ❑ - - James Dm ❑ Supervisor's Apptizio Jr Voter 0 _ ❑ ❑ _❑ Jill Doherty Voter ❑ Tax Receiver's Appt D D l7 ; ❑ - - - ---- ---------- ---------- ---- ❑ Rescinded Robert Ghosio Mover 0 ; ❑ ❑ i ❑ ❑ Town Clerk's Appt Louisa P.Evans Secondee{ D [1El11 ❑ Supt Hgwys Appt Scott A.Russell I Voter ❑ ❑ ❑ 0 ❑ No Action ❑ Lost 2020-199 CATEGORY.• Special Events DEPARTMENT. Town Attorney Special Events Permit Bhavana Berries LLC RESOLVED that the Town Board of the Town of Southold hereby grants permission to Bhavana Berries LLC to hold a Special Event at 4395 Hortons Lane, Southold,New York as applied for in Application BHB20-1 a for one (1) event: Wedding to be held on October 10, 2020 from 4:00 PM to 10:00 PM, provided they adhere to all conditions on the application and permit, that they do not allow parking on the road and to the Town of Southold Policy for Special Events. Southold Town Board Regular Meeting page 11 February 25, 2020 ✓Vote Record-Resolution RES-2020-199 Q Adopted ❑ Adopted as Amended ❑ Defeated T Yes/Ay e No/Na Abstain Absent — ❑ Tabled I - -�—_.____--I ❑ Withdrawn Sarah E Nappa Mover � Q � ❑ ❑ � ❑ ❑ Supervisor's Appt James Dinizio Jr Seconde Q ! El 11i ❑ ❑ Tax Receiver's Appt Jill Doherty Voter � Q El ❑ I ❑ � ❑ Rescinded Robert Ghosw Voter � Q � ❑ ❑ � ❑ ❑ Town Clerk's Appt Louisa P Evans Voter ❑ Q ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter ❑ ❑ ❑ i Q ❑ No Action ❑ Lost 2020-200 CATEGORY.• Committee Appointment DEPARTMENT: Town Attorney Coastal Resiliency and Sea Level Risk Task Force Appointment RESOLVED that the Town Board of the Town of Southold hereby appoints A. Nicholas Krupski to represent the Town of Southold on the Coastal Resiliency and Sea Level Risk Task Force. ✓Vote Record-Resolution RES-2020-200 Q Adopted ❑ Adopted as Amended ❑ Defeated _ —�— — Yes e No/Na Abstain Absent /A • Tabled ❑ Withdrawn Sarah Nappa Voter I Q I ❑ ❑ I ❑ ❑ Supervisor's Appt James Dmizio Jr I Mover Q ❑ ❑ 1 ❑ ❑ Tax Receiver's Appt Jill Doherty Voter Q ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter Q ❑ ❑ 1 ❑ ❑ Town Clerk's Appt Louisa P Evans Seconded Q [11 ❑ 1 � ❑ ❑ Supt Hgwys Appt Scott A Russell Voter El ❑ ❑ I Q ❑ No Action ❑ Lost 2020-201 CATEGORY.• Budget Modification DEPARTMENT: Accounting 2019 Budget Modification- General Fund/Risk Retention Financial Impact:Adjust budget for fina12019 expenditures RESOLVED that the Town Board of the Town of Southold hereby modifies the 2019 General Southold Town Board Regular Meeting page 12 February 25, 2020 Fund Whole Town and Risk Retention budgets as follows: From: A.9060.8.000.000 Medical Insurance, NYSHIP $47,567 Total $47,567 To: A.9901.9.000.300 Transfer to Risk Retention $47,567 Total $47,567 Increase Revenues: CS.5031.00 Interfund Transfers $47,567 Total $41,567 Increase Expenditures: CS.1910.4.300.100 Commercial Package $47,567 Total $47,567 From: CS.1910.4.300.300 Boat $25,552 CS.1910.4.500.300 Claims Administration 11000 Total $26,552 To: CS.1910.4.300.100 Commercial Package $1,237 CS.1910.4.300.800 Claims 25,315 Total $26,552 ✓Vote Record-Resolution RES=2020-201, Z Adopted ❑ Adopted as Amended ❑ Defeated ---- -- - ——�- — Yes/Aye j No/Nay Abstain Absent El Tabled -- — ❑ Withdrawn Sarah E Nappa Voter ❑ j ❑ Q El ❑ Supervisor's Appt James Dmizio Jr Voter D i ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter D ; ❑ ( ❑ ❑ ❑ Rescinded Robert Ghosio Seconde Rf ❑ ❑ j ❑ ❑ Town Clerk's Appt Louisa P Evans Mover I D I ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter ❑ i ❑ ❑ Q ❑ No Action ❑ Lost 2020-202 CATEGORY. Equipment Southold Town Board Regular Meeting page 13, February 25, 2020 DEPARTMENT: Highway Department Purchase of 2003 Freightliner FL 70 RESOLVED that the Town Board of the Town of Southold hereby approves the purchase of one 2003 Freightliner FL 70 Single Axle dump truck for the Highway Department for snow removal/road sanding. The Vehicle is being purchased from the U.S. General Services Administration(GSA) at$19,735.20. This to be a legal charge to the 2020 budget line DB.5130.2.300.200 (Heavy Duty Vehicles) ✓Vote Record-Resolution RES-2020-202, El Adopted ❑ Adopted as Amended ❑ Defeated ---- -� -� Yes/Aye I No/Nay Abstain ; Absent ❑ Tabled ❑ Withdrawn Sarah E Nappa Voter D 1 ❑ j ❑ ❑ ❑ Supervisor's Appt James Dmizio Jr Voter D ❑ ❑ ❑ ❑ ❑ ElTax Receiver's Appt Jill Doherty Voter 2 El ❑ Rescinded ' Robert Ghosio Mover 1 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconde Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter ❑ j ❑ ❑ ❑ No Action ❑ Lost 2020-203 CATEGORY. Budget Modification DEPARTMENT: Town Attorney 2019 Budget Modification - Town Attorney Financial Impact: to close out the year RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2019 budget as follows: TO: A.1420.4.100.200 Town Attorney, P.S. Book/Research Materials $1,302.00 A.1420.4.600.300 Town Attorney, P.S. Travel Reimbursement $ 570.00 Total $1,872.00 Southold Town Board Regular Meeting page 14 February 25, 2020 FROM: A.1420.4.500.100 Town Attorney, P.S. Legal Counsel $1,872.00 Total $1,872.00 ✓Vote Record-Resolution RES-2020-203 Q Adopted ❑ Adopted as Amended ❑ Defeated ----•---------- - ----------- — --- --- Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Sarah E Nappa Mover El El I El ❑ ❑ Supervisor's Appt James Dmizio Jr Secondee{ Rl �_ [1 11 El Vot ❑ Tax Receiver's Appt Jill Doherty er � Q � El ( El , El Rescinded Robert Ghoseo Voter � Q J ❑ ❑ I ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter Q El El ❑ ! ❑ Supt Hgwys Appt Scott A Russell Voter 11 ❑ El Q ❑ No Action ❑ Lost 2020-204 CATEGORY.• Contracts,Lease&Agreements DEPARTMENT.• Engineering Change Order#1 for the Whistler Avenue Drainage Project Financial Impact: There is sufficient existing budget in H.8540.2.100.300 to cover this change order RESOLVED that the Town Board of the Town of Southold hereby approves Change 0rder#1 to the contract for the Whistler Avenue Drainage Project with R.G.C. Evergreen Landscapes, Inc. in the net amount of$6,000.00,pursuant to their proposal dated April 20, 2019, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2020-204 Q Adopted i ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled -— -- - - ❑ Withdrawn Sarah E Nappa I Voter Q _ ❑ u I_ ❑ ❑ - ❑ Supervisor's Appt James Dmizio Jr Mover 1 Q ( ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconde Q ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter Q ❑ ❑ 1 ❑ ❑ Town Clerk's Appt Louisa P Evans Voter Q ❑ ❑ ❑ ❑ gN'Y PP Supt H s Appt Scott A Russell Voter El ❑ ❑ Q ❑ No Action ❑ Lost 2020-205 C Southold Town Board Regular Meeting page 15 February 25, 2020 CATEGORY.• Contracts,Lease&Agreements DEPARTMENT: Engineering Change Order#2 WIL.K McLean Associates, P.C. - Town Hall Annex Financial Impact: There is sufficient existing budget in H.1620.2.500.150 to cover this change order RESOLVED that the Town Board of the Town of Southold hereby approves Change Order 42 to the contract for Architectural & Engineering Services for Town Hall Annex Improvements with L.K. McLean Associates, P.C. in the net amount of$22,057.30, pursuant to their proposal dated December 10, 2019, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2020-205 0 Adopted ❑ Adopted as Amended ❑ Defeated — —_..r Yes/— Aye No/Nay Abstain Absent 11Tabled I - - — - ❑ Withdrawn Sarah E Nappa I Voter I�� ❑ ❑ ❑ ❑ Supervisor's Appt James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Tote�r = 0 ❑ ❑ ' ❑ 11 Rescinded Robert Ghosio Secondeii 2 ❑ ❑ I ❑ ❑ Town Clerk's Appt Louisa P Evans I Mover I D ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter ❑ ❑ ❑ 0 ❑ No Action ❑ Lost - - -- - - -- - - - - - -- - ------- - - - - ----- -- -- 2020-206 CATEGORY.• Bid Acceptance DEPARTMENT: Solid Waste Management District HHW Bid Extension Financial Impact: Resolution extends HHW services through 2020 as per option year clause in bid specifications, at no cost increase. RESOLVED that the Town Board of the Town of Southold hereby accepts the option year clause as included in the bid of Care Environmental, Inc, originally accepted by the Town by Resolution#2017-1046,to extend Care's Household Hazardous Waste Services through 2020, all at the same unit prices bid therein, all in accordance with the Town Attorney. ✓Vote Record-Resolution RES-2020-206 0 Adopted — ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent �- — ❑ Defeated Sarah E Nappa Voter —❑ �❑ i�❑ ❑ Tabled James Dimzio Jr Voter 0 ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Mover D j ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P.Evans Secondezl D ❑ ❑ ❑ ❑ Rescinded ScottA Russell Voter ❑ j ❑ ❑ 0 Town Clerk's Appt Southold Town Board Regular Meeting page 16 February 25, 2020 ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2020-207 CATEGORY. Budget Modification DEPARTMENT: Accounting 2020 Budget Modification-Highway Financial Impact:Increase budget for insurance reimbursement RESOLVED that the Town Board of the Town of Southold hereby modifies the 2020 Highway Fund Part Town budget as follows: Increase Revenues: D13.2680.00 Insurance Recoveries $9,532 Total $9,532 Increase Expenditures: DB.5130.4.400.650 Maintenance & Repairs $9,532 Total $9,532 ✓Vote Rec6rd-Resolution RES-2020-207 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled �m ❑ withdrawn Sarah E Nappa Mover Q El ❑ James Dinizio Jr Seconde Q j El ❑ El Supervisor's Appt ❑ Tax Receiver's Appt Jill Doherty - Voter Q i� ❑ ❑ ❑ Rescinded Robert Ghosio Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter Q ❑ ❑ i ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter ❑ ❑ ❑ Q ❑ No Action ❑ Lost 2020-208 CATEGORY. Budget Modification DEPARTMENT: Highway Department 2020 Budget Modification -Highway Financial Impact: to purchase equipment i ' 1 Southold Town Board Regular Meeting page 17 February 25, 2020 RESOLVED that the Town Board of the Town of Southold hereby modifies the 2020 Highway Fund Part Town budget as follows: From: DB.5130.2.500.300 Other Equipment $2,500.00 DB.5142.4.100.935 Salt, $7,500.00 DB.5142.4.100.920' Sand $5,000.20 DB.5142.2.400.200 Snow Equipment $4,735.00 TOTAL $19,735.20 To: DB.5130.2.300.200 Heavy Duty Vehicle $19,735.20 TOTAL $19,735.20 ✓Vote Record-Resolution RES=2020-208' Q Adopted ❑ Adopted as Amended ❑ Defeated _ _-- Yes/Aye j No/Nay Abstain i Absent T ❑ Tabled — — ❑ Withdrawn Sarah E.Nappa, Voter Q �1 ❑ ❑ ❑ ❑ Supervisor's Appt James Dimzio Jr Mover Q ; ❑ ❑ ❑ 11 Tax Receiver's Appt Jill Doherty Voter Q ❑ � ❑ ❑ 11❑ Rescinded Robert Ghosio Voter Q ❑ �' ❑ ❑ Town Clerk's Appt Louisa P Evans Seconde Q El ❑ ❑ Supt Hgwys Appt Scott A Russell Voter ❑ ❑ ❑ i Q ❑ No Action ❑ Lost 2020-209 CATEGORY. Budget Modification DEPARTMENT. Accounting 2020 Budget Modification-Capital(PD) Financial Impact: Estahlish'hudgetfor CAD System WHEREAS the Town Board of the Town of Southold adopted a 2020 Capital Budget which includes a Computer Aided Dispatch (CAD) project, and WHEREAS the Town's Capital Budget process requires a resolution to formally establish Capital Budget items in the Capital Fund, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby authorizes the establishment of the following Capital Proiects and amends the Capital Budget as follows: Southold Town Board Regular Meeting page 18 February 25, 2020 Capital Project Name(s): CADSystem Financing Method: County PSAP Revenue Sharing Budget: Revenues: H.2210.35 PSAP Grant $286,738 Total $286,738 Appropriations: H.3020.2.200.800 Public Safety Communications, Equipment& Capital Outlay, CAD System $286,738 Total $286,738 ✓Vote Record-Resolution RES-2020-,209 Q Adopted ❑ Adopted as Amended ❑ Defeated I Yes/Aye l No/Nay Abstain Absent ❑ Tabled -- --�--_—r-- ❑ Withdrawn Sarah E.Nappa I Voter Q^ ❑ ❑ ( ❑ ❑ Supervisor's Appt James Dmizio Jr Voter Q ❑ i ❑ ❑ Tax Rece ver's Appt Jill Doherty Voter Q i ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconde11e{ Q r ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans I Mover Q ❑ El ❑ ❑ Supt Hgwys Appt Scott A Russell Voter ❑ El I Q ❑ No Action ❑ Lost 2020-210 - CATEGORY.• Advertise DEPARTMENT. Town Clerk Advertise for Water Conservation Committee Members RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk's Office to advertise for members to the Water Conservation Committee. ✓Vote Record-Resolution RES-2020-210 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain j Absent ❑ Tabled Sarah Nappa Voter Q i ❑ ❑�— ❑ ❑ Withdrawn James Denezio Jr Voter Q I ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Robert Ghosio Mover I Q I ❑ ( ❑ ❑ ❑ Rescinded Louisa P Evans Seconde Q ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A Russell Voter I ❑ i ❑ Q ❑ Supt Hgwys Appt ❑ No Action Southold Town Board Regular Meeting page 19 February 25, 2020 ❑ Lost 2020-211 CATEGORY. Local Law Public Hearing DEPARTMENT. Town Attorney 4/7/2020 7:01 PM PH- Chapter 280 WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 25th day of February, 2020, a need for revision to the fees associated with applications to the Zoning Board of Appeals for as built structures; and WHEREAS, it has been presented a Local Law entitled "A Local Law in relation to an Amendment to Chapter 280, Zoning, in connection with Zoning Board of Appeals Application Fees" 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 7th day of April, 2020 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 Chapter 280, Zoning, in connection with Zoning Board of Appeals Application Fees" reads as follows: LOCAL LAW NO. 2020 A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 280, Zoning, in connection with Zoning Board of Appeals Application Fees". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. PURPOSE. The Town Board has reviewed the Zoning Board of Appeals fees associated with applications for variances of as built structures handled by the Zoning Board of Appeals and have determined that the fees are outdates and require revision. II. AMENDMENT. Chapter 280 of the Code of the Town of Southold is hereby amended by removing the struck through portion and adding the underlined portion to read as follows: § 280-149 Fees. A. The fees for all Zoning Board of Appeals Applications shall be as follows: Southold Town Board Regular Meeting page 20 February 25, 2020 For area variance applications involving fences, accessory structures or accessory buildings, alterations or additions containing less than 200 square feet in floor area, the fee shall be $250. M For area variance applications involving fences, accessory structures or accessory buildings, alterations or additions 200 square feet in floor area or more, the fee shall be $500. Q M For applications containing more than one request, each additional variance request shall have a fee of$250 (if under 200 square feet) and $500 (if 200 square feet or more). M For applications for interpretations on appeal from an order, decision or determination of an administrative officer, the fee shall be $300 for each section of the Town Code for which an interpretation is requested. E—�Q For applications for variances from Town Law § 280-a(rights-of-way), the fee shall be $400. For applications for rehearings, the fees shall be as follows: (1)a. For a rehearing necessitated by an amended notice of disapproval, the fee shall be $250, plus $250 for each additional variance requested (under 200 square feet) and $500 for each additional variance requested (200 square feet or more). (2-)b. An amended decision requiring a hearing shall have a fee that is the same as the original application. (3)c. Reopening the record on an appeal that has been closed shall have a fee that is the same as the original application. (4)d. A hearing that has been recalendared because it was adjourned without a date shall have a fee of$250. G:Q For applications for public entertainment and special events permits, the fee shall be $50. H:(8) For applications for a special exception permit for a bed-and-breakfast,the fee shall be $750. For applications for a special exception permit for an accessory apartment located within an accessory structure, the fee shall be $500. -J 10 For all other special exception permit applications involving property located in a residential zone, the fee shall be $750. For all special exception permit applications involving property located in a nonresidential zone', the fee shall be $1,200. For applications for a waiver of lot merger, the fee shall be $750. M-. 13 For all applications for a use variance, the fee shall be $1,000. Southold Town Board Regular Meeting page 21 February 25, 2020 (14)For all applications for a variance of the provisions of Article XIX, Signs, of this chapter, the fee shall be $500 for each variance requested. 9 15 For applications for a special exception permit for public utility structures and uses, the fee shall be $1,000. B. For any of the above listed applications "as built" structures that have been previously built without a required variance shall be subject to an application fee double the rate listed above. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ✓Vote Record-Resolution RES-2020-211:" ° Q Adopted ❑ Adopted as Amended ❑ Defeated -- Yes/Aye No/Nay I Abstain Absent ❑ Tabled � ❑ Withdrawn Sarah E Nappa Mover Q � 0-1— ❑ � El 11 Supervisor's Appt James Dmizio Jr SeconderQ ❑ ❑ 11 ❑ Tax Receiver's Appt Jill Doherty Voter Q ElI [I ❑ El Rescinded Robert Ghosio Voter Q _ � ❑ ❑ I ❑ ❑ Town Clerk's Appt Louisa P Evans Voter Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter '❑ ❑ ❑ Q ❑ No Action ❑ Lost 2020-212 CATEGORY.• Legal DEPARTMENT. Town Attorney Accept AKRF Report for New Suffolk Comprehensive Traffic and Parking Study RESOLVED that the Town Board of the Town of Southold hereby accepts the Report from AKRF for the New Suffolk Comprehensive Traffic and Parking Study as complete. ✓Vote Record-Resolution RES=2020-212 Q Adopted Yes/Aye No/Nay I Abstain ( Absent ❑ Adopted as Amended Sarah E Nappa Voter Q ❑ ❑ ❑ ❑ Defeated (James Dmizio Jr Mover Q ❑ ❑ ❑ ❑ Tabled Jill Doherty Voter Q ❑ ( ❑ ❑ 0 Withdrawn Robert Ghosio Voter Q ❑ ❑ I ❑ Southold Town Board Regular Meeting page 22 February 25, 2020 ❑ Supervisor's Appt Louisa P Evans Seconde Lel i ❑ 1 ❑ 1 ❑ ❑ Tax Receiver's Appt Scott A.Russell Voter 1 ❑ j ❑ ❑ i 0 ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2020-213 CATEGORY.• Contracts,Lease&Agreements DEPARTMENT: Town Attorney Intergraph Corportation DIBIA Hexagon Safety&Infrastructure Agreement Financial Impact:Dispatch System agreement RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Agreement with the Intergraph Corporation d/b/a Hexagon Safety & Infrastructure for the computer aided dispatch system, in the amount of $286,737.19, funded from budget line H.3020.2.200.800, all in accordance with the approval of the Town Attorney. ✓Vote Record-Resolution RES-2020-213 lZ Adopted ❑ Adopted as Amended ❑ Defeated - Yes/Aye No/Nay Abstain Absent ❑ TabledSarah E Nappa Voter D El _ ~❑ _ i [I ___ ❑ Withdrawn ❑ Supervisor's Appt James Dinizio Jr I Voter lZ i' ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter I 0 1 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Second0 R1 1 ❑ I ❑ ❑ Town Clerk's Appt Louisa P Evans Mover ( D ❑ El11 El Supt Hgwys Appt Scott A Russell Voter ❑ ❑ El 0 ❑ No Action ❑ Lost 2020-214 CATEGORY.• Advertise DEPARTMENT: Town Attorney Request for Proposals for Hauling and Processing of Recyclable Materials RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerks office to advertise for Requests for Proposals for the hauling and processing of recyclable material from the Town's Solid Waste Facility located at 6155 Cox Lane, Cutchogue, New York, subject to the approval of the Town Attorney. Southold Town Board Regular Meeting page 23 February 25, 2020 ✓Vote Record-Resolution RES-2020-214'- 0 Adopted Q Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain I Absent ❑ Tabled — ❑ Withdrawn Sarah E Nappa Voter 1 Q 1 ❑ ❑ 1 ❑ ❑ Supervisor's Appt James Dmizio Jr Voter—L— i ❑ ❑ 1 ❑ ❑ Tax Receiver's Appt Jill Doherty Voter Q ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover Q D 0 j ❑ ❑ Town Clerk's Appt Louisa P Evans Secondee{ Q ❑ I 13El ❑ Supt Hgwys Appt Scott A.Russell Voter ❑ ❑ ( ❑ i Q ❑ No Action ❑ Lost 2020-215 CATEGORY.• Advertise DEPARTMENT. Town Attorney Request for Proposals for Leasing of the Cutchogue Landfill Property RESOLVED the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for Request for Proposals for the leasing of the Cutchogue Landfill property for the development, construction, operation and maintenance of renewable energy system or systems, including but not limited to battery energy storage and/or solar photovoltaic systems; on the landfill property located at 6155 Cox Lane, Cutchogue,New York subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2020'-215. Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye i No/Nay F Abstain I Absent ❑ Tabled ❑ Withdrawn Sarah E Nappa Mover Q ❑ ❑ j ❑ ❑ Supervisor's Appt James Dmezeo Jr Seconded Q ❑ ( ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter ❑ Q j ❑ ❑ ❑ Rescinded Robert Ghosio Voter 1 Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter Q ( ❑l ❑ j ❑ ❑ Supt Hgwys Appt Scott A Russell Voter ❑ u i ❑ I 0 ❑ No Action ❑ Lost 2020-216 CATEGORY.• Enact Local Law DEPARTMENT. Town Attorney Southold Town Board Regular Meeting page 24 February 25, 2020 Enact LL Regarding Chapter 245 WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 1 lch day of February, 2020, a Local Law entitled "A Local Law to Amend Chapter 245 Taxation,Article VI entitled "Exemption for War Veterans and Gold Star Parents" to Provide Property Tax Exemption for Veterans Who are Tenant- Stakeholders in Cooperative Apartment Corporations" 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 therefore be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed local law entitled, "A Local Law to Amend Chapter 245 Taxation, Article VI entitled "Exemption for War Veterans and Gold Star Parents" to Provide Property Tax Exemption for Veterans Who are Tenant-Stakeholders in Cooperative Apartment Corporations" reads as follows: LOCAL LAW NO. 3 of 2020 A Local Law entitled, "A Local Law to Amend Chapter 245 Taxation,Article VI entitled "Exemption for War Veterans and Gold Star Parents" to Provide Property Tax Exemption for Veterans Who are Tenant-Stakeholders in Cooperative Apartment Corporations BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. To allow those eligible veterans who are tenant stakeholders in cooperative apartment corporations to qualify for veteran's exemptions pursuant to New York Reap Property Tax law section 458-a. H. $245-17 Tenant-stockholders. A Title to that portion of real property owned by a cooperative apartment corporation in which a tenant-stockholder of such corporation resides and which is represented by his share or shares of stock in such corporation as determined by its or their proportional relationship to the total outstanding stock of the corporation including that owned by the corporation, shall be deemed to be vested in such tenant-stockholder. B Provided that all other eli ig bility criteria of this chapter are met, that proportion of the assessment of such real property owned by a cooperative apartment corporation determined by the relationship of such real property vested in such tenant-stockholder to such entire parcel and the buildings thereon owned by such cooperative apartment corporation in which such tenant-stockholder resides shall be subject to exemption from taxation pursuant to local law against the assessed valuation of such real property; the reduction in real property Southold Town Board Regular Meeting 1 page 25 February 25, 2020 taxes realized thereby shall be credited by the cooperative apartment corporation against the amount of such taxes otherwise payable by or chargeable to such tenant-stockholder. 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-2920-216 R1 Adopted ❑ Adopted as Amended ❑ Defeated —� Yes/Aye No/Nay Abstain ; Absent ❑ Tabled El Withdrawn Sarah E Nappa Voter D i ❑ ❑ ❑ James Dinizio Jr Voter ❑ Supervisor's Appt D ❑ ❑ ❑ Jill Doherty Voter ❑ Tax Receiver's Appt 0 ❑ ❑ i ❑ ❑ Rescinded Robert Ghosio Seconde D j ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover D i ❑ ❑ ❑ ❑ Supt Hgw.ys 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 4:47 PM in order to hold a public hearing. RESULT: ADOPTED [UNANIMOUS] MOVER: Loui"sa P. Evans, Justice SECONDER:Robert Ghosio, Councilman AYES: Nappa, Dinizio Jr, Doherty, Ghosio, Evans ABSENT: Scott A. Russell VI. Public Hearings 1. 2/25 4:30 Pm PH- Chapter 245 COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN,that there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 11th day of February, 2020, a Local Law entitled"A Local Law to Amend Chapter 245 Taxation,Article VI entitled "Exemption for War Veterans and Gold Star Parents" to Provide Property Tax Exemption for Veterans Who are Tenant-Stakeholders in Cooperative Apartment Corporations" and Southold Town Board Regular Meeting page 26 February 25, 2020 NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the 25th day of February,2020 at 4:30 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law to Amend Chapter 245 Taxation, Article VI entitled "Exemption for War Veterans and Gold Star Parents" to Provide Property Tax Exemption for Veterans Who are Tenant-Stakeholders in Cooperative Apartment Corporations" reads as follows: LOCAL LAW NO. 2020 A Local Law entitled, "A Local Law to Amend Chapter 245 Taxation, Article VI entitled "Exemption for War Veterans and Gold Star Parents" to Provide Property Tax Exemption for Veterans Who are Tenant-Stakeholders in Cooperative Apartment Corporations" BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. To allow those eligible veterans who are tenant stakeholders in cooperative apartment corporations to qualify for veteran's exemptions pursuant to New York Reap Property Tax law section 458-a. II. $245-17 Tenant-stockholders. A Title to that portion of real property owned by a cooperative apartment corporation in which a tenant-stockholder of such corporation resides and which is represented by his share or shares of stock in such corporation as determined by its or their proportional relationship to the total outstanding; stock of the corporation including that owned by the corporation, shall be deemed to be vested in such tenant-stockholder. B Provided that all other eli ig bility criteria of this chapter are met,that proportion of the assessment of such real property owned by a cooperative apartment corporation determined by the relationship of such real property vested in such tenant-stockholder to such entire parcel and the buildings thereon owned by such cooperative apartment corporation in which such tenant-stockholder resides shall be subject to exemption from taxation pursuant to local law against the assessed valuation of such real property' the reduction in real property taxes realized thereby shall be credited by the cooperative apartment corporation against the amount of such taxes otherwise payable by or chargeable to such tenant-stockholder. 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 Southold Town Board Regular Meeting page 27 February 25, 2020 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. COUNCILMAN GHOSIO: I have a signed affidavit that the hearing was noticed by the Town Clerk's Office and a copy of the announcement that appeared in the Suffolk Times and that is all. DEPUTY SUPERVISOR DOHERTY: Is there anyone from the public that would like to comment on this public hearing?(No response)Anyone from the Board? COUNCILMAN GHOSIO: This is basically straightforward. RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Robert Ghosio, Councilman AYES: Nappa, Dinizio Jr, Doherty, Ghosio, Evans ABSENT: Scott A. Russell Closing Comments Deputy Supervisor Doherty DEPUTY SUPERVISOR DOHERTY: That completes the agenda. Would anyone like to address the Town Board on any item? Mr. Dunn? Robert Dunn,Peconic ROBERT DUNN: Robert Dunn, Peconic. I am sorry Scott isn't here but I know he will watch or hear it, inaudible, inlet closed this weekend, inaudible, through three cycles it might have only been two, it was a very strange windy on Thursday through Friday creating these huge swells which, there were no white caps you couldn't see it but when they got to shore, it was big waves, so we are at a very fragile tipping point right now where A., it could close and B, it's really beating on the beach and it's going to take out a section probably the last 30-40 feet and any kind of high tide there's going to be massive flooding with any kind of spring high tide, there's going to be massive flooding in the vicinity of there's going to be massive flooding on Mill Road in the vicinity of Second Avenue, there's a dip, so in that valley so to speak, there's just going to be a flooding situation that would probably take out Mill Road. DEPUTY SUPERVISOR DOHERTY: Didn't we do a temporary fix one year in that area? If I remember.... MR. DUNN: Well, certainly the armament will make a big difference In terms of giving us 30 more years, the situation will come where whenever there's a normal wave high tide, the tides vary there from four foot to six foot, over the course of the year and when you get into those rare six footers that come with a full moon, there will be water on the streets. It's not going to flood to where anybody is going to drown... Southold Town Board Regular Meeting page 28 February 25, 2020 DEPUTY SUPERVISOR DOHERTY: Yes, that happened a lot(inaudible) MR. DUNN: So it's coming, it's coming. Second thing that I wanted to talk about are really beyond anything that this board can do but I really do think it's something that should be discussed and I have nowhere else to discuss it. So, you are going to have to listen. DEPUTY SUPERVISOR DOHERTY: Okay. MR. DUNN: Yesterday I did my taxes, I got a grant for my septic system. I put in a new septic system, I got a grant. my septic system, I don't know if you read in the Suffolk Times but there was a little misunderstanding (inaudible) and my system cost $33,000. 1 got $21,000 from the county and state. Did my taxes, it cost me $8,000. DEPUTY SUPERVISOR DOHERTY: For the grid? MR. DUNN: For the grid. So $8,000 I had to pay to get 21. But it really seems to me to be stupid. I got 10 and then 1 in from the county and then I got another 10 from the state. You are paying the state now because I got a 1099 and because your state taxes say take it from line 72 on your fed tax, and put it in there, it's included. So I am paying the state $2,000 for them to give me $10,000. that's dumb. it's just dumb. and I need to say it somewhere, I am not saying it's you, you guys didn't do anything but I mean, it's dumb. And if you are talking to people, and they will give it to you, well, only give me 8 to start off with. Don't give me 10 and then tell me I have to give 2 back. And why should I be giving anything to the feds? If the state and the county are coming up with the money to improve the water on long island because the feds are telling us we are ruining the sound, why aren't they taxing the money that's being spent? It's absurd. And then if you read the story, I didn't get any money. I didn't get a check from anyone. They paid the vendors. So why I am getting a 1099, it's beyond me. Plus the fact, now I discussed this with my accountant, it's kind of a thing they call in kind. Where you may not get the check but you got something. If someone gave you a car, you would have to report it. DEPUTY SUPERVISOR DOHERTY: Right, you have to pay taxes on it, yes. MR. DUNN: But it's stupid. And the real place that it's stupid, we have people in this town that are living on social security. Now, they have got this grant, so let's say we'll give you $17,000, let's be conservative and say you are only getting $17,000 a year in social security, and now they've got this grant added on to their $17,000, they've got $21,000, that makes sense. They now have to pay tax on their social security which they wouldn't have had to do before because once you go over $25,000 in income, if you are on social security, you have to pay tax on your social security too. So I'm, this is not going to change my life, I mean, inaudible, because last year, I raised my house, I took it all under deferred income. It put me right up there, so that's why I am paying $8,000 but it's really not, it's not going to kill me, it's a pain in the ass but it's not going to kill me but it's really unfair to people to do that and it's really stupid, stupid, stupid to give me money that y ou are going to tell me I have got to pay tax on. Now the feds didn't give me any money, they just want some of it but the state actually gave me money to tax me for Southold Town Board Regular Meeting page 29 February 25, 2020 it. I mean, I don't work for the state (inaudible) and it's going to throw a monkey wrench into this program which I truly believe in. I mean, it's four years ago I started on this, when she was running the program before the county took it over and you know, there was just a lot of it went into it. the person who really got me into it, the gentleman who got killed in front of the Soundview.... COUNCILMAN GHOSIO: Howard Meineke? MR DUNN: Yes, he used to come in all the time and talk about"Peeing in the sound, I listened to him, and I followed up on it and I listened to him again. It's like six years, seven years now, so it's really stupid. Stupid, stupid, stupid. And the last thing, is, you guys had nothing to do with all of this but we live in a town of 20,000, that probably has another 20,000 that lives here part time and comes from other places and we have a road that runs through it that brings a couple of thousand people a day from five neighborhood states, we should be talking about the corona virus. Really, what happens? We've got a huge exposure. Four weeks ago it was only in China and 41 people had died. Four weeks ago. Ten weeks ago, it wasn't on the planet, this corona that we have now. There's been SARS, there's been inaudible. But Covid-19, which is the current one was not out. There was none before, four weeks ago, 41 people had died in China exclusively. Today it's over 3,000 and it's in 40 countries, so we are not going to avoid it. and I just think that we should be discussing it at our level because it's going to hit us, and what are we I mean, what happens when, we got a highway that's bookended by hospitals, so those people, people are going to be traveling through. We've got people coming on the ferry from five other states. They are going to be coming through, they stop for coffee, they stop for lunch. they are going to the gas station, so it's not like we are not exposed to the outside. We've got a really unique thing as a rural township,the exposure we had. So it's food for thought. DEPUTY SUPERVISOR DOHERTY: Thank you. MR. DUNN: That's it, the last you'll hear from me. COUNCILMAN DINIZIO: Well, I am going to give you my opinion on (inaudible) about the taxes, and the IRS and all of that. you know, would you have taken that money if they told you you had to pay taxes on it? MR. DUNN: Yes. COUNCILMAN DINIZIO: That's really.... MR. DUNN: But I can. COUNCILMAN DINIZIO: Right but wait, wait, wait. You weren't given that opportunity, I am going to tell you, the people that approved this, okay, they were well aware that there may be tax implications. They were well aware of that. MR. DUNN: Inaudible. Southold Town Board Regular Meeting page 30 February 25, 2020 COUNCILMAN DINIZIO: That's right. DEPUTY SUPERVISOR DOHERTY: He said something over a year ago. COUNCILMAN DINIZIO: He was saying that for a year and a half and all of a sudden, we have to push this thing through and put people, like yourself, into a bad situation. Like you said, someone who said, oh, I can get $20,000 and get my cesspool cleaned up and I am on social security and you know, we'll be set up for life then. You know, that's the problem when you try to do something half way and I am sorry that you got caught in that but you know, you are saying it sounds dumb, it's not dumb, it's incompetence. MR DUNN: I am sorry? COUNCILMAN DINIZIO: It's incompetence by people who handed this money to you. MR. DUNN: I am not in dispute with you. I don't like to call people incompetent(inaudible). COUNCILMAN DINIZIO: Honestly, listen, like you just said, you would have taken the money anyway had you known you had to pay taxes on it, it would have just been part of doing the business. You are going to get 20... MR. DUNN: I still got$13,000. COUNCILMAN DINIZIO : And you made, you are well ahead of the game. MR. DUNN: I still got$13,000. COUNCILMAN DINIZIO: And more than that, you got a nice new system. MR. DUNN: And I am already paying on my social security, so it didn't change me but the person, let's just say, that person was on social security took that money and now they are paying on their social security and they wouldn't have. COUNCILMAN DINIZIO: Right but maybe they would not have taken the money had they known they had to pay taxes. MR. DUNN: They wouldn't have done it. COUNCILMAN DINIZIO: Right but they were given that opportunity and the people that gave out that money were well aware that there may be tax implications. And you know, people have to realize that you can't just hand out money and make laws, just because you want to make a law. You have to do your due diligence and it has to be, at some point, you have to be honest with'people and honestly, that's the trap I think you fell into. Southold Town Board Regular Meeting page 31 February 25, 2020 . MR. DUNN: No, I would have done it anyway. COUNCILMAN DINIZIO: But again, you wouldn't have been here complaining about it, about the fact you had to pay taxes on it had you known in the first place. Had they done their due diligence, had they said, okay, here are all of you know, (inaudible) hold off a few months and let's see what the IRS says because honestly, it was only six months that it took okay, by the time they enacted that law and started giving money out that they found out what the implications were going to be. DEPUTY SUPERVISOR DOHERTY: Right, the comptroller started talking about it.... MR. DUNN: Well, he,decided to talk about it, what it is, I mean, everybody was screwing up here. Bellone and his side were saying we are doing this for the public while the other guys (inaudible) somebody has got to pay taxes on it (inaudible) come up with a better solution or at least not just so much say, yeah, I am going to give you some money but you are going to have to pay for it. I would have done it anyway Jim, I discovered after I purchased my house that my septic system, although functioning well and I kept it clean because of that, was really very small. You know, it would never have passed muster if you tried to do it today. Just forget about it. So, I mean, I have put a lot of money into my house now which was a little ranch and I put a lot of money into it, it's primarily for my kids and I wanted to, I was raising the house and taking down a shed to do it, making it easy to do it and things went into place. I would have done it anyway, I probably would have done it if I had to pay the whole thing myself. COUNCILMAN DINIZIO: I just didn't want to let pass that it was dumb, okay, because I don't want to let that go that it was dumb, this was intentional. You know, this was giving you guys money and then not caring whether you were going to be'hurt by it. MR. DUNN: I don't think the guys who promoted it at first, I am talking about the political side, they were taking credit for what we are doing, well, no, you are not doing it. Don't take credit for giving me $21,000 if I am going to have to pay back $8,000. And then there's Mr. Kennedy who should have been way out front saying, hey, they are going to have to pay taxes on this. DEPUTY SUPERVISOR DOHERTY: He was. COUNCILMAN DINIZIO: He was outvoted,that's the problem. He was outvoted. MR. DUNN: The first time, the first recipients, last year, they sent out 1099's, that was the first notice to anybody that there was going to be... 1 COUNCILMAN DINIZIO: But that wasn't the first time that he brought this up. MR. DUNN: He may have brought it up,you know.... COUNCILMAN DINIZIO : He went to the legislature and said, hey, you had better check the tax consequences of it because people, I am going to have to send these notices out. He said that. Southold Town Board Regular Meeting page 32 February 25, 2020 MR. DUNN: The truth is, he didn't have to send them out and now we will get into politics and I certainly don't want to argue with you guys about politics but he didn't have to get into it, to do it. Because if he didn't, then what would have happened? COUNCILMAN DINIZIO: Well, I don't know, if you have a guy in charge of this type of finances and he thinks that this is how the law reads, you have to expect him to do that. you have to expect that if he thinks that this particular money, the way it is being granted, is taxable, I don't want him to ignore that. Okay, but by the same token, I don't want the people that he is telling to ignore it either. they have recourse. The recourse is to go ask the people that Mr. Kennedy was saying is going to tax you and get an opinion from them before you hand them out $20,000-30,000 to people who they have to pay $8,000 in taxes. They certainly should have resolved that discrepancy between those two people long before they started handing money out. MR. DUNN: Agreed. Agreed. And there should have been notice. I have got reams of paper that I had to sign and send back and not one of them said you may have a tax implication. Again, speaking for myself, I would have done it anyway. I would have done it if I had to pay 100% (inaudible) to get something but it's still, some people it's going to hurt and I really think it's going to set the program back. COUNCILMAN DINIZIO: It is, people are going to be skeptical of using it. MR. DUNN: I mean, what about if you, we are just one part,you know, on the other side, on the south side, East Hampton, they are so flush with the 2 %, they are giving that money out and they are paying 100% and some of them over there, they are going over $100,000 because of the... DEPUTY SUPERVISOR DOHERTY: I have said all along, in talking to this, this is a great new program, and it's great in the nation but like anything new, we have to give it time. and we discuss it at work session, should we mandate it, and the Trustees certainly have the right to condition it but I have said all along, I am not ready to make it code because we have let it flush out and not with just the mechanics of the system but with the whole system and this is what I was talking about. People didn't know about this and there was a discussion like we talked about and it wasn't resolved before the money came out and now here's the outcome of it and this is what I was talking about, any new thing like this that's never been done before, we h ave to give it time and let it flush out. MR. DUNN: Oh, this works,this works. DEPUTY SUPERVISOR DOHERTY: Yes, yes. MR. DUNN: I now have a machine in my yard that's as loud as a poorly maintained window air-conditioner, you know,the compressor. COUNCILMAN DINIZIO: One thing I want to ask you, what do you expect to pay on a yearly basis for that? Southold Town Board Regular Meeting page 33 February 25, 2020 MR. DUNN: I am budgeting $500 a year. COUNCILMAN DINIZIO: Are you mandated to have somebody come inspect it? MR. DUNN: yes. COUNCILMAN DINIZIO: Oh, you are. MR. DUNN: The first three it's included but part of.... COUNCILMAN DINIZIO: $500 a year to maintain that thing. MR. DUNN: It's $325 with their inspections but I am figuring every couple of years I am going to have replace those pumps, there's two pumps. So one is a compressor, it's above ground and because of where I live, it had to be raised off the ground and you know, I am in the floodplain. So that meant it had to be above the floodplain so that meant it had to be four foot off the ground, so now this thing hums and it was humming especially the other day, my wife said something. Okay, I'll fix it. COUNCILMAN DINIZIO: Similar to a pool pump? MR. DUNN: No, it's a little smaller. It's probably about the size of the little pumps you plug into your cigarette lighter. The pumps for your car. But it runs constantly. It's 24/7. DEPUTY SUPERVISOR DOHERTY: And this is a great innovation for a property like yours, s6-1.... MR. DUNN: It is and it isn't because my property is so small, the pump had to be near the house. If I had two acres, the pump would be out in the back and you wouldn't hear it. So there's a couple of things, I mean, I knew there was going to be some caps and there's three big ugly caps in my yard that I am going to disguise. We started doing the landscaping today. DEPUTY SUPERVISOR DOHERTY: Well, you see that's the other thing when people don't realize they have to add landscaping into the price of the whole thing. MR. DUNN: It's going to be $10,000. DEPUTY SUPERVISOR DOHERTY: Yeah.. MR. DUNN: That's why I was doing it now, because I was raising the house. I was going to have to do landscaping anyway. So I mean, the timing was right to do everything now, so I did it. DEPUTY SUPERVISOR DOHERTY: I commend you for doing it. And getting it done. Southold Town Board Regular Meeting page 34 February 25, 2020 MR. DUNN: A lot of it had to do with, you know, the house is for the kids. It's never going to be a year-round residence, we live there now, it's comfortable for two people, I have electric heat, I can't have a boiler because I am in the floodplain, unless I put the boiler under the first floor, so it's expensive to heat, so I use the woodstove. But it's the two of us, we are in the living room, I use the wood stove, I close the bedroom doors, so it's going to be a beach house and if the kids can't hang onto it, they are going to sell it to another family that's going to use it as a family beach house. It will never be a year round house, you know, it made it possible and it made it that I know I can give it to them because I also know what's coming down the road, is they are going to expect that spec houses in the floodplain to make sure your septic system is working up to snuff. I didn't want to dump that on my kids. I have got the know how to get it all done, so I said I was going to do it and I told them what it's going to cost and it may come down to they are going to have to rent for two weeks or a month. DEPUTY SUPERVISOR DOHERTY: I am glad you said two weeks. MR. DUNN: Well, I told them it's the two week rule. And I made sure that when I did the construction that I met everything so that there will be no problem getting the permit. Deputy Supervisor Doherty DEPUTY SUPERVISOR DOHERTY: Thank you. Are there any other comments? (No response) Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 5:14 P.M. Eliz eth A.Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Robert Ghosio, Councilman AYES: Nappa, Dinizio Jr, Doherty, Ghosio, Evans ABSENT: Scott A. Russell