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HomeMy WebLinkAboutAG-06/16/2015 ELIZABETH A. NEVILLE Town Hall, 53095 Main Road TOWN CLERK PO Box 1179 Southold, NY 11971 REGISTRAR OF VITAL STATISTICS Fax (631) 765-6145 MARRIAGE OFFICER Telephone: (631) 765 - 1800 RECORDS MANAGEMENT OFFICER www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER AGENDA SOUTHOLD TOWN BOARD June 16, 2015 7:30 PM POLICY: At scheduled Town Board meetings, the attending public is encouraged to briefly address the Town Board relating to agenda resolutions prior to their enactment; the public will also be given time at the conclusion of the regularly scheduled business agenda to address the Board on any given topic. ONLINE ACCESS: The Agenda is generally available the Friday before the meeting. The video of the meeting is usually available 1-2 hours after the meeting. Minutes with adopted resolutions are available 1-2 days after the meeting. A full copy of the minutes, agenda and meeting video can be viewed in one of two ways: (1) The town of Southold website: www.southoldtownny.gov - Clerk online site. (2) www.townclerk.com Enter zip code 11971 in box on lower right hand side and enter. On the left hand side of screen a dark blue box will pop up, you will see "Town of Southold, Long Island, NY", click on this and another box will pop up that will tell you that you are being to go into the Town Clerk site. Go to the date of the meeting and click on "Minutes Packet" this is the full copy of the resolutions. (Scroll to bottom of page for KEY to symbols). You can view the live video of the meeting by clicking on the camera symbol. All of this information is available 24/7. If you would like help navigating the site, please feel free to call my office 631-765-1800. CALL TO ORDER 7:30 PM Meeting called to order on June 16, 2015 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee NamePresentAbsentLateArrived Councilman Robert Ghosio Councilman James Dinizio Jr Councilman William P. Ruland Councilwoman Jill Doherty Justice Louisa P. Evans Supervisor Scott A. Russell Southold Town Meeting Agenda - June 16, 2015 Page 2 I. REPORTS 1. Trustees Monthly Report May 2015 2. Special Project Coordinator Monthly Report May 2015 3. Town Clerk Monthly Report May 2015 4. Zoning Board of Appeals Monthly Report May 2015 5. Judge Price Montly Report May 2015 6. Town Clerk Quarterly Report 1st Quarter 7. Program for the Disabled Monthly Report May 2015 II. PUBLIC NOTICES 1. S.C. Dept of Economic Development and Planning PH 6/16/15 regarding Certified Agricultural Districts 2. NYS Dept of Transportation No Stopping signs by Orient East Marion Causeway III. COMMUNICATIONS IV. DISCUSSION 1. 9:00 Am - EXECUTIVE SESSION - Labor - Matters Involving Employment of Particular Person(S) Richard Zuckerman, rre: update on PBA Contract Negotiations 2. 9:30 Am - Joint Meeting of the Town Board & Planning Board Pawlowski Change of Zone Application 3. 10:00 Am - Mark Terry, Planning Board lot Yeild on Small Lots in the HB Zone Southold Town Meeting Agenda - June 16, 2015 Page 3 4. Creation of Tick Committee Selection of Members & Creation of Mission Statement 5. Special Event Overflow Parking Request Greenport Harbor Brewery - Beer, BBQ & Blues Event 6. Special Event Request Ragnar Relay 7. Strauel Coastal Erosion Appeal Public Hearing this afternoon 8. LL/Aquaculture-Mariculture Uses 9. 11:30 Am - EXECUTIVE SESSION - Proposed Property Acquisition(S), Publicirty of Which Would Substantially Affect the Value Thereof Melissa Spiro, Arthur Leudesdorf, Jeff Standish 10. 11:45 Am - EXECUTIVE SESSION - Labor - Matters Involving Employment of Particular Person(S) - Jim Bunchuck, Landfill Presonnel - Completion of Department Head Evaluations 11. EXECUTIVE SESSION - Litigation - Lisa Braun V. Southold Town Police Department, Et Al. 12. 10:30 Am - Chief Flatley Special Events: Southold Run for the Soldiers SPECIAL PRESENTATION Oysterponds Digital Story Telling Project Presentations for the Southold Town 375Th Anniversary Celebration V. RESOLUTIONS 2015-536 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby June 16, 2015. Southold Town Meeting Agenda - June 16, 2015 Page 4 Vote Record - Resolution RES-2015-536 Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated Robert Ghosio Tabled Withdrawn James Dinizio Jr Supervisor's Appt William P. Ruland Tax Receiver's Appt Jill Doherty Rescinded Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell No Action Lost 2015-537 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Next Town Board Meeting RESOLVED held, that the next Regular Town Board Meeting of the Southold Town Board be Tuesday, June 30 at the Southold Town Hall, Southold, New York at 4:30 P. M. Vote Record - Resolution RES-2015-537 Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated Robert Ghosio Tabled Withdrawn James Dinizio Jr Supervisor's Appt William P. Ruland Tax Receiver's Appt Jill Doherty Rescinded Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell No Action Lost 2015-533 Tabled 6/2/2015 4:30 PM CATEGORY: Bond DEPARTMENT: Town Clerk Resolution And order After Public hearing Southold Town Meeting Agenda - June 16, 2015 Page 5 WHEREAS, the Town Board of the Town of Southold (herein called the behalf of the Southold Solid Waste best interests of the District to increase and improve the facilities of the District, by the acquisition of a front end wheel loader and a self-propelled windrow turner at the aggregate estimated maximum cost of $850,000, pursuant to Section 202-b of the Town Law; and WHEREAS, the Town Board adopted an order describing in general terms the proposed increase and improvement of facilities, specifying the estimated cost thereof, and stating the Town Board would meet to hear all persons interested in said increase and Hall, 53095 Main Road, Southold, New York; and WHEREAS, a Notice of such public hearing was duly published and posted pursuant to the provisions of Article 12 of the Town Law; and WHEREAS, such public hearing was duly held by the Town Board on June 2, (Prevailing Time) at the Town Hall, 53095 Main Road, Southold, New York, with considerable discussion on the matter having been had and all persons desiring to be heard having been heard, including those in favor of and those in opposition to said increase and improvement of such facilities; WHEREAS, grant funds are expected to be received by the Town from the State of New York and may also be received from other sources in connection with the project described herein, and any such grant funds shall be authorized to be applied toward the cost of budgeted as an offset to the taxes to be collected for the payment of the principal of and interest on said bonds or notes; and WHEREAS, the Town Board, as lead agency, has given due consideration to the impact that the project may have upon the environment and, on the basis of such consideration, the Town Board, acting as Lead Agency, pursuant to the New York State Environmental Quality further environmental review is required; Now, therefore, on the basis of the information given at such hearing, it is hereby DETERMINED, that it is in the public interest to increase and improve the facilities of the District as hereinabove described, at the estimated maximum cost of $850,000; and it is hereby ORDERED, that the facilities of the District shall be so increased and improved and that the District, with the assistance of the Town Attorney, shall prepare a proposed contract for such increase and improvement of facilities of the District, which proposed contract shall be presented to the Town Board as soon as possible; and it is hereby FURTHER ORDERED, that the Town Clerk record, or cause to be recorded, a certified copy of this Resolution and Order After Public Hearing in the office of the Clerk of Suffolk County within ten (10) days after adoption hereof. DATED: June 16, 2015 Southold Town Meeting Agenda - June 16, 2015 Page 6 (SEAL) TOWN BOARD OF THE TOWN OF SOUTHOLD Vote Record - Resolution RES-2015-533 Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated Robert Ghosio Tabled Withdrawn James Dinizio Jr Supervisor's Appt William P. Ruland Tax Receiver's Appt Jill Doherty Rescinded Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell No Action Lost 2015-534 Tabled 6/2/2015 4:30 PM CATEGORY: Bond DEPARTMENT: Town Clerk DSW Bond Resolution BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED JUNE 16, 2015, APPROPRIATING $850,000 FOR THE INCREASE AND IMPROVEMENT OF FACILITIES OF THE SOUTHOLD SOLID WASTE MANAGEMENT DISTRICT, AND AUTHORIZING THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT OF $850,000 TO FINANCE SAID APPROPRIATION Recital WHEREAS, after a public hearing duly called and held, the Town Board of the that it is in the public interest to increase and improve the facilities of the Southold Solid Waste improved; Now, therefore, be it RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK (by the favorable vote of not less than two-thirds of all the members of said Board) AS FOLLOWS: Section 1. The Town hereby appropriates the amount of $850,000 for the increase and improvement of facilities of the District, consisting of the acquisition of a front end wheel loader and a self-propelled windrow turner. The estimated maximum cost thereof, Southold Town Meeting Agenda - June 16, 2015 Page 7 including preliminary costs and costs incidental thereto and the financing thereof, is $850,000. The plan of financing includes the issuance of bonds in the principal amount of $850,000 to finance said appropriation, and the assessment, levy and collection of assessments upon the several lots and parcels of land within the District which the Town Board shall determine and specify to be especially benefited by such increase and improvement, so much upon and from each as shall be in just proportion to the amount of benefit which the increase and improvement shall confer upon the same. Grant funds are expected to be received by the Town from the State of New York and may also be received from other sources in connection with the project described herein, and any such grant funds shall be authorized to be applied toward the cost of said project or rede budgeted as an offset to the taxes to be collected for the payment of the principal of and interest on said bonds or notes. Section 2. Bonds of the Town are hereby authorized to be issued in the principal amount of $850,000 pursuant to the provisions of the Local Finance Law, constituting Chapter 33- said appropriation. Section 3. The following additional matters are hereby determined and stated: (a) The period of probable usefulness of the object or purpose for which said bonds are authorized to be issued, within the limitations of Section 11.00 a. 28 of the Law, is fifteen (15) years. (b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) The proposed maturity of the bonds authorized by this resolution will exceed five (5) years. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of said bonds shall contain the recital of validity prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation said bonds shall be general obligations of the Town, payable as to both principal and interest by a general tax upon all the taxable real property within the Town. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds, and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes issued in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 of the Law relative to the authorization of the issuance of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 and 168.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and the renewals of said bond anticipation notes, and relative to executing contracts for credit enhancements and providing for substantially Southold Town Meeting Agenda - June 16, 2015 Page 8 level or declining annual debt service, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution, or a summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This resolution shall take effect immediately and the Town Clerk is The Suffolk Times a newspaper having a general circulation in said Town, which newspaper is hereby designated as the official newspaper of the Town for such publication, together with the Finance Law of the State of New York. Vote Record - Resolution RES-2015-534 Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated Robert Ghosio Tabled Withdrawn James Dinizio Jr Supervisor's Appt William P. Ruland Tax Receiver's Appt Jill Doherty Rescinded Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell No Action Lost 2015-538 CATEGORY: Special Events DEPARTMENT: Town Clerk New Suffolk Water Front House Tour RESOLVED that the Town Board of the Town of Southold hereby grants permission to the New Suffolk Waterfront Fund, Inc. to hold a walking house tour June 27, 2015 from 2:00 pm to 5:00 pm in the New Suffolk Village, provided they adhere to the Town of Southold Policy for Special Events on Town Properties and Roads. Support is for this year only. Parking to be contained on New Suffolk School Field. All Town fees for this event, with the exception of the Clean-up Deposit, are waived. Southold Town Meeting Agenda - June 16, 2015 Page 9 Vote Record - Resolution RES-2015-538 Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated Robert Ghosio Tabled Withdrawn James Dinizio Jr Supervisor's Appt William P. Ruland Tax Receiver's Appt Jill Doherty Rescinded Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell No Action Lost 2015-539 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification for Highway Fund Financial Impact: Provide appropriation for Snow Removal overtime; debt service item to be paid with Capital project funds and medical insurance to be replenished when fund is into surplus later this yeat RESOLVED that the Town Board of the Town of Southold hereby modifies the 2014 Highway Fund Part Town budget as follows: From: DB.9060.8.000.000 Medical Insurance $ 63,818 DB.9710.6.000.000 Serial Bond Principal 46,182 Total $110,000 To: DB.5142.1.100.200 Snow Removal, Overtime Earnings $110,000 Total $110,000 Vote Record - Resolution RES-2015-539 Adopted Yes/AyeNo/NayAbstainAbsent Adopted as Amended Robert Ghosio Defeated James Dinizio Jr Tabled Withdrawn William P. Ruland Supervisor's Appt Jill Doherty Tax Receiver's Appt Louisa P. Evans Rescinded Scott A. Russell Town Clerk's Appt Southold Town Meeting Agenda - June 16, 2015 Page 10 Supt Hgwys Appt No Action Lost 2015-540 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk New Suffolk Civic Assoc. 4Th of July Parade Financial Impact: Police Department Cost for Event = 285.28 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the th New Suffolk Civic Association to use the following route for its 4 of July Parade in New Suffolk, on July 4, 2015 at 11:00 AM beginning with a line up at 10:30 AM on Old Harbor and Tuthill Roads; participants will march down New Suffolk Road, Fifth Street, Main Street, First Street and on to the Town Beach, provided they follow all the condition for Special Events on Town Properties. Failure to comply with the conditions of the policy will result in the forfeiture of the cleanup deposit of $250. All other fees are waived. Support is for this year only. Vote Record - Resolution RES-2015-540 Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated Robert Ghosio Tabled Withdrawn James Dinizio Jr Supervisor's Appt William P. Ruland Tax Receiver's Appt Jill Doherty Rescinded Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell No Action Lost 2015-541 CATEGORY: Bid Acceptance DEPARTMENT: Town Clerk Accept Bid for Highway Trucks RESOLVED that the Town Board of the Town of Southold hereby accepts the bid from Mullen Southold Town Meeting Agenda - June 16, 2015 Page 11 Motors, Main Road, Southold, for two 2015 RAM 1500 Pickup trucks in the amount of $45,000.00/total for the Highway Department, all in accordance with the Town Attorney. Vote Record - Resolution RES-2015-541 Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated Robert Ghosio Tabled Withdrawn James Dinizio Jr Supervisor's Appt William P. Ruland Tax Receiver's Appt Jill Doherty Rescinded Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell No Action Lost 2015-542 CATEGORY: Bid Acceptance DEPARTMENT: Town Clerk Accept Bid for Highway Mowers RESOLVED that the Town Board of the Town of Southold hereby accepts the bid from $19,143.22/total for the Highway Department, all in accordance with the Town Attorney. Vote Record - Resolution RES-2015-542 Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated Robert Ghosio Tabled Withdrawn James Dinizio Jr Supervisor's Appt William P. Ruland Tax Receiver's Appt Jill Doherty Rescinded Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell No Action Lost 2015-543 CATEGORY: Contracts, Lease & Agreements Southold Town Meeting Agenda - June 16, 2015 Page 12 DEPARTMENT: Town Clerk Amend Resolution 2014-718 RESOLVED that the Town Board of the Town of Southold hereby amends Resolution 2014- 718 which was adopted at the Regular Town Board meeting August 26, 2014 to read as follows: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a contract between the Town of Southold and General Code Publishers Corporation in connection with the Laserfiche RIO software installation in the $84,374.00 amount of $84,373.00, all in accordance with the approval of the Town Attorney. Vote Record - Resolution RES-2015-543 Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated Robert Ghosio Tabled Withdrawn James Dinizio Jr Supervisor's Appt William P. Ruland Tax Receiver's Appt Jill Doherty Rescinded Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell No Action Lost 2015-544 CATEGORY: Consulting DEPARTMENT: Accounting Engage Actuary for GASB 45 Valuations Financial Impact: Amend engagement for actuary to provide GASB 45 valuation for 2013 and 2014 financial statement purposes due to chnage from self-funded plan to NYSHIP as of 1-1-2015 RESLVED amends resolution no 2014- that the Town Board of the Town of Southold hereby 386 as follows: RESOLVED engages Chernoff, that the Town Board of the Town of Southold hereby Diamond & Co., LLC to provide actuarial valuation and related professional services to the Town relative to GASB Statement 45 (Post-Retirement and Other Post-Employment Benefits) for the fiscal years ending December 31, 2013 and December 31, 2014, in an amount not to exceed $12,600 for FY 13 and $2,600 $12,600 for FY 14, and which shall be a budget appropriation (A.1310.4.500.200). Southold Town Meeting Agenda - June 16, 2015 Page 13 Vote Record - Resolution RES-2015-544 Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated Robert Ghosio Tabled Withdrawn James Dinizio Jr Supervisor's Appt William P. Ruland Tax Receiver's Appt Jill Doherty Rescinded Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell No Action Lost 2015-545 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification for General Fund Whole Town Financial Impact: Provide addtional appropriation for GASB 45 actuarial services for 2014 financial statements RESOLVED that the Town Board of the Town of Southold hereby modifies the 2015 Accounting & Finance Dept. budget in the General Fund Whole Town as follows: From: A.1310.4.500.400 Leadership Training $2,700 Total $2,700 To: A.1310.4.500.200 Actuarial Services $2,700 Total $2,700 Vote Record - Resolution RES-2015-545 Adopted Yes/AyeNo/NayAbstainAbsent Adopted as Amended Robert Ghosio Defeated Tabled James Dinizio Jr Withdrawn William P. Ruland Supervisor's Appt Jill Doherty Tax Receiver's Appt Rescinded Louisa P. Evans Town Clerk's Appt Scott A. Russell Supt Hgwys Appt No Action Southold Town Meeting Agenda - June 16, 2015 Page 14 Lost 2015-546 CATEGORY: Authorize to Bid DEPARTMENT: Town Clerk Street Sweeping Sand Bid RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town clerk to re-advertise for bid, furnishing all laborer, material and equipment required to remove the following material within 15 business days from the bid award at the Town of Southold Highway Yard, 275 Peconic Lane, Peconic, NY 11958. Street sweepings as an aggregate has been allowed pursuant to the pre-determined BUD in 6 NYCRR 360-1.15(b) (11) as uncontaminated aggregate, provided that all trash and other debris have been screened out. The above mentioned material is and can only be used for Fill material under 360-1.15(b) (11) Lump sum price for approximately 4,500 cubic yards of uncontaminated screened street sweeping aggregate Vote Record - Resolution RES-2015-546 Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated Robert Ghosio Tabled Withdrawn James Dinizio Jr Supervisor's Appt William P. Ruland Tax Receiver's Appt Jill Doherty Rescinded Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell No Action Lost 2015-547 CATEGORY: Employment - Town DEPARTMENT: Accounting Acknowledges the Intent to Retire Michael Volinski Southold Town Meeting Agenda - June 16, 2015 Page 15 RESOLVEDacknowledges the intent to that the Town Board of the Town of Southold hereby retire of Michael Volinski from the position of Highway Labor Crew Leader for the Highway Department , effective June 30, 2015. Vote Record - Resolution RES-2015-547 Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated Robert Ghosio Tabled Withdrawn James Dinizio Jr Supervisor's Appt William P. Ruland Tax Receiver's Appt Jill Doherty Rescinded Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell No Action Lost 2015-548 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification for Celebrations (Memorial Day Parade) Financial Impact: Increase appropriation for Memorial Day Parade RESOLVED that the Town Board of the Town of Southold hereby modifies the 2015 General Fund Whole Town budget as follows: From: A.1990.4.100.100 Unallocated Contingencies $250 Total $250 To: A.7550.4.100.100 Celebrations, Memorial Day Parade $250 Total $250 Vote Record - Resolution RES-2015-548 Adopted Yes/AyeNo/NayAbstainAbsent Adopted as Amended Robert Ghosio Defeated James Dinizio Jr Tabled Withdrawn William P. Ruland Supervisor's Appt Jill Doherty Tax Receiver's Appt Louisa P. Evans Rescinded Southold Town Meeting Agenda - June 16, 2015 Page 16 Town Clerk's Appt Scott A. Russell Supt Hgwys Appt No Action Lost 2015-549 CATEGORY: Budget Modification DEPARTMENT: Engineering Modify 2015 Fishers Island Sewer District Budget Financial Impact: Additional funds necessary to finance the pumping of three 10,000 septic tanks as required by the FISD NYSDEC SPDES Permit. RESOLVED that the Town Board of the Town of Southold hereby increases and modifies the 2015 Fishers Island Sewer District as follows: Increase Revenues: SS2.5990.00 APPROPRIATED FUND BALANCE $20,000 Increase Appropriations: SS2.8120.4.400.300 SYSTEM MAINTENANCE/REPAIR $20,000 Vote Record - Resolution RES-2015-549 Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated Robert Ghosio Tabled Withdrawn James Dinizio Jr Supervisor's Appt William P. Ruland Tax Receiver's Appt Jill Doherty Rescinded Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell No Action Lost 2015-550 CATEGORY: Property Usage DEPARTMENT: Recreation Approve Use of Town Fields Southold Town Meeting Agenda - June 16, 2015 Page 17 RESOLVED that the Town Board of the Town of Southold does hereby grant permission to the Mattituck Soccer League to extend use of the field behind the Peconic Lane Community Center for practice (Monday-Friday, 4:00 - 8:00 p.m.; Saturday mornings 8:00 - 10:00 a.m.) through the end of August. They were originally scheduled for field use through the end of June. Additionally, permission is granted for use of the football field at C soccer games in June & July, subject to scheduling by the Southold Recreation Department and in accordance with the Application for Use of Southold Parks Facilities. Applicant has already filed a Two Million Dollar Certificate of Insurance naming the Town of Southold as additional insured. Vote Record - Resolution RES-2015-550 Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated Robert Ghosio Tabled Withdrawn James Dinizio Jr Supervisor's Appt William P. Ruland Tax Receiver's Appt Jill Doherty Rescinded Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell No Action Lost 2015-551 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification for Town Board Advertising Financial Impact: Additional advertising for committee vacancies RESOLVED that the Town Board of the Town of Southold hereby modifies the 2014 General Fund Whole Town budget as follows: From: A.1990.4.100.100 Unallocated Contingencies $4,000 Total $4,000 To: A 1010.4.600.800 Town Board Advertising $4,000 Total $4,000 Southold Town Meeting Agenda - June 16, 2015 Page 18 Vote Record - Resolution RES-2015-551 Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated Robert Ghosio Tabled Withdrawn James Dinizio Jr Supervisor's Appt William P. Ruland Tax Receiver's Appt Jill Doherty Rescinded Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell No Action Lost 2015-552 CATEGORY: Budget Modification DEPARTMENT: Police Dept Police Department-Budget Modification Financial Impact: Reallocation of funds to compensate accrued sick leave payout to retired employee RESOLVED that the Town Board of the Town of Southold hereby modifies the 2015 General Whole Fund Town Budget as follows: From: A.1990.4.100.200 Contingent, Police Retirement Reserves $107,000 Total $107,000 From: A.3120.1.100.400 Police, Full Time Employee, Sick Earnings $107,000 Total $107,000 Vote Record - Resolution RES-2015-552 Adopted Yes/AyeNo/NayAbstainAbsent Adopted as Amended Defeated Robert Ghosio Tabled James Dinizio Jr Withdrawn William P. Ruland Supervisor's Appt Tax Receiver's Appt Jill Doherty Rescinded Louisa P. Evans Town Clerk's Appt Scott A. Russell Supt Hgwys Appt No Action Lost Southold Town Meeting Agenda - June 16, 2015 Page 19 2015-553 CATEGORY: Budget Modification DEPARTMENT: Supervisor Supervisor- Budget Modification Financial Impact: To allocate money for payout of sick earnings (over the max per contract) for an administrative employee. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2015 General Fund Whole Town budget as follows: From: A.1990.4.100.100 Unallocated Contingencies $2,678.00 Total $2,678.00 To: A.1220.1.100.400 Supervisor, FT Employee Sick Earnings $2,678.00 Total $2,678.00 Vote Record - Resolution RES-2015-553 Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated Robert Ghosio Tabled Withdrawn James Dinizio Jr Supervisor's Appt William P. Ruland Tax Receiver's Appt Jill Doherty Rescinded Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell No Action Lost 2015-554 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Appoints Seasonal Deckhand Southold Town Meeting Agenda - June 16, 2015 Page 20 RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted June 8, 2015 that appoints Chriss Bridgman to the position of seasonal Deckhand effective May 18, 2015 through September 15, 2015. Vote Record - Resolution RES-2015-554 Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated Robert Ghosio Tabled Withdrawn James Dinizio Jr Supervisor's Appt William P. Ruland Tax Receiver's Appt Jill Doherty Rescinded Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell No Action Lost 2015-555 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Increase Salary of Christopher Newell RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted June 8, 2015 that increases the salary of Christopher Newell, full time Deckhand, effective May 12, 2015. Vote Record - Resolution RES-2015-555 Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated Robert Ghosio Tabled Withdrawn James Dinizio Jr Supervisor's Appt William P. Ruland Tax Receiver's Appt Jill Doherty Rescinded Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell No Action Lost Southold Town Meeting Agenda - June 16, 2015 Page 21 2015-556 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Appoint Jonathan Hiller FT Captain RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fisher Island Ferry District adopted June 8, 2015 that appoints Jonathan Hiller as a full time Captain and simultaneously changes his Deckhand status from full time to part time subject to Civil Service approval. Vote Record - Resolution RES-2015-556 Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated Robert Ghosio Tabled Withdrawn James Dinizio Jr Supervisor's Appt William P. Ruland Tax Receiver's Appt Jill Doherty Rescinded Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell No Action Lost 2015-557 CATEGORY: Public Service DEPARTMENT: Town Clerk Fireworks Permit to Phenix Hook & Ladder Company of the Greenport Fire Department RESOLVED that the Town Board of the Town of Southold hereby approves the issuance of a fireworks permit by the Town Clerk to Phenix Hook & Ladder Company # 1 and Relief Hose Company # 2 of the Greenport Fire Department, for a fireworks display on July 4, 2015 and July 5, 2015, at Greenport High School athletic field, Greenport, New York upon the payment of a fee of $200 and sub Town Attorney. Vote Record - Resolution RES-2015-557 Adopted Yes/AyeNo/NayAbstainAbsent Adopted as Amended Robert Ghosio Defeated Tabled James Dinizio Jr Withdrawn William P. Ruland Supervisor's Appt Jill Doherty Tax Receiver's Appt Southold Town Meeting Agenda - June 16, 2015 Page 22 Rescinded Louisa P. Evans Town Clerk's Appt Scott A. Russell Supt Hgwys Appt No Action Lost 2015-558 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Road Closures for North Fork Country Club Member/Guest Tournament Financial Impact: Police cost for event - $543.18 RESOLVED the Town Board of the Town of Southold hereby grants permission to the North closure from that southerly point south to the northern line of the William Tyree land parcel, and limited closure from that point south to the intersection of Moores Lane and New Suffolk Avenue (closures would permit access to r on Friday, July 17, 2015 from 8:00 AM to 5:00 PM and Saturday, July 18, 2015 from 8:00 AM to 1:30 PM provided they adhere to the Town of Southold Policy for Special Events on Town Properties and Roads. Support is for this year only. They must notify Capt. Kruszeski immediately upon the approval of this resolution to coordinate traffic control. Vote Record - Resolution RES-2015-558 Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated Robert Ghosio Tabled Withdrawn James Dinizio Jr Supervisor's Appt William P. Ruland Tax Receiver's Appt Jill Doherty Rescinded Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell No Action Lost 2015-559 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Southold Town Meeting Agenda - June 16, 2015 Page 23 Permit Worship Services at Beach RESOLVED the Town Board of the Town of Southold hereby grants permission to the North Fork Reform S Southold on the following Fridays: June 19, July 10 & 24, August 7 & 21, 2015 from 6:00 PM to approximately 8:15 PM; parking permit requirements shall be waived for participants who do should be provided by the synagogue to those participants who do not have parking permits. All fees are waived except the $250 clean-up deposit, which will be returned to the applicant provided the area is deemed clean following inspections by a town representative. The required Vote Record - Resolution RES-2015-559 Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated Robert Ghosio Tabled Withdrawn James Dinizio Jr Supervisor's Appt William P. Ruland Tax Receiver's Appt Jill Doherty Rescinded Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell No Action Lost 2015-560 CATEGORY: Employment - Town DEPARTMENT: Accounting Permanent Appointment Zachary Tomaszewski WHEREAS the Town Board of the Town of Southold has provisionally appointed Zachary Tomaszewski to the position of provisional Network & Systems Specialist I effective January 2, 2015, and WHEREAS Zachary Tomaszewski has taken and passed the Civil Service examination for Network & Systems Specialist I, and is reachable on the Suffolk County Department of Civil WHEREAS the Town Board of the Town of Southold has determined that it is in the best interest of the Town to appoint Zachary Tomaszewski to the permanent position of Network & Southold Town Meeting Agenda - June 16, 2015 Page 24 RESOLVED that the Town Board of the Town of Southold hereby appoints Zachary Tomaszewski to the position of Network & Systems Specialist I from the Suffolk County Vote Record - Resolution RES-2015-560 Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated Robert Ghosio Tabled Withdrawn James Dinizio Jr Supervisor's Appt William P. Ruland Tax Receiver's Appt Jill Doherty Rescinded Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell No Action Lost 2015-561 CATEGORY: Budget Modification DEPARTMENT: Public Works DPW Budget Mod Financial Impact: Make adjustment to budget to cover shortages in certain lines RESOLVED that the Town Board of the Town of Southold hereby modifies the 2014 Buildings & Grounds, Off Street Parking and Public Works Administration budgets in the General Fund Whole Town as follows: From: A.1620.4.100.200 Gas & Oil $3,500 A.1620.4.200.200 Light & Power 3,000 A.1620.4.100.100 Miscellaneous Supplies __155 Total $6,655 To: A.1490.1.100.200 Full-Time Employee Overtime Earnings $6,500 A.1620.4.600.100 Property Tax 130 A.5650.4.400.700 Property Leases ___25 Total $6,655 Vote Record - Resolution RES-2015-561 Adopted Yes/AyeNo/NayAbstainAbsent Adopted as Amended Robert Ghosio Defeated Southold Town Meeting Agenda - June 16, 2015 Page 25 Tabled James Dinizio Jr Withdrawn William P. Ruland Supervisor's Appt Jill Doherty Tax Receiver's Appt Rescinded Louisa P. Evans Town Clerk's Appt Scott A. Russell Supt Hgwys Appt No Action Lost 2015-562 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint Leslie Tasca Senior Assessment Clerk RESOLVEDappoints Leslie Tasca to that the Town Board of the Town of Southold hereby the position of Senior Assessment Clerk for the Assessors Office, effective June 17, 2015, at a rate of $46,723.85 per year. Vote Record - Resolution RES-2015-562 Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated Robert Ghosio Tabled Withdrawn James Dinizio Jr Supervisor's Appt William P. Ruland Tax Receiver's Appt Jill Doherty Rescinded Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell No Action Lost 2015-563 CATEGORY: Employment - Town DEPARTMENT: Accounting Accepts Resignation of Thomas Burdy Southold Town Meeting Agenda - June 16, 2015 Page 26 RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Thomas Burdy from the position of Part Time Guard for the Solid Waste District effective June 1, 2015. Vote Record - Resolution RES-2015-563 Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated Robert Ghosio Tabled Withdrawn James Dinizio Jr Supervisor's Appt William P. Ruland Tax Receiver's Appt Jill Doherty Rescinded Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell No Action Lost 2015-564 CATEGORY: Budget Modification DEPARTMENT: Town Attorney TA Budget Modification Financial Impact: To cover payment of accrued leave for the full-time TA who left the employ of the Town as of 2/13/15. RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2015 budget as follows: TO: A.1420.1.100.200 Town Attorney FT Employee, Overtime Earnings $ 177 , A.1420.1.100.300 Town Attorney, FT Employee, Vacation Earnings 4,683 A.1420.1.100.400 Town Attorney, FT Employee, Sick Earnings 13,309 Total $18,169 FROM: A.1990.4.100.100 Unallocated Contingencies $18,169 Total $18,169 Vote Record - Resolution RES-2015-564 Yes/AyeNo/NayAbstainAbsent Adopted Adopted as Amended Robert Ghosio Defeated James Dinizio Jr Tabled William P. Ruland Withdrawn Supervisor's Appt Jill Doherty Southold Town Meeting Agenda - June 16, 2015 Page 27 Tax Receiver's Appt Louisa P. Evans Rescinded Scott A. Russell Town Clerk's Appt Supt Hgwys Appt No Action Lost 2015-565 CATEGORY: Budget Modification DEPARTMENT: Building Department 2015 Budget Modification - Building Department Financial Impact: To correct under appropriated funds for paid out sick earnings. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2015 Building Department budget in the General Fund Part Town as follows: From: B.3620.1.100.300 Vacation Earnings $209 Total $209 To: B.3620.1.100.400 Sick Earnings $209 Total $209 Vote Record - Resolution RES-2015-565 Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated Robert Ghosio Tabled Withdrawn James Dinizio Jr Supervisor's Appt William P. Ruland Tax Receiver's Appt Jill Doherty Rescinded Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell No Action Lost 2015-566 Southold Town Meeting Agenda - June 16, 2015 Page 28 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL/ Transient Rentals WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk st County, New York, on the 21 day of April, 2015, a Local Law entitled relation to Amendments to Chapter 280, Zoning, in connection with Transient Rental 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 Local Law in relation to Amendments to Chapter 280, Zoning, in Law entitled, reads as follows: LOCAL LAW NO. 2015 A Local Law entitled, connection with . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town Board of the Town of Southold has determined that with the advent of internet ramatic increase in residential homes being rented for short periods of time, often for only a weekend. The Town Board finds that such transient rentals threaten the residential character and quality of life of neighborhoods in which they occur. Therefore, the Town Board in order to protect the health, safety and welfare of the community requires the regulation of these transient rental properties. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-4. Definitions. TRANSIENT RENTAL PROPERTY A dwelling unit which is occupied for habitation as a residence by persons, other than the owner or a family member of the owner, and for which rent is received by the owner, directly or indirectly, in exchange for such residential occupation for a period of less than seven (7) nights. For the purposes of this Chapter, the term Transient Rental Property shall mean all non-owner Southold Town Meeting Agenda - June 16, 2015 Page 29 occupied, one-family dwellings and two-family dwellings rented for a period of less than seven (7 ) nights and shall not include: 1. A dwelling unit lawfully and validly permitted as an accessory apartment in accordance with §280-13(A)(6) and §280-13(B)(13) of the Code of the Town of Southold; or 2. Properties used exclusively for non-residential commercial purposes in any zoning district; or 3. Any legally operating commercial hotel/motel business or bed and breakfast establishment operating exclusively and catering to transient clientele; that is, customers who customarily reside at these establishments for short durations for the purpose of vacationing, travel, business, recreational activities, conventions, emergencies and other activities that are customary to a commercial hotel/motel business. 4. A dwelling unit located on Fishers Island, due to the unique characteristics of the Island, including the lack of formal lodging for visitors. The presence of the following shall create a presumption that a dwelling unit is being used as a transient rental property: 1. The dwelling unit is offered for lease on a short-term rental website, including Airbnb, Home Away, VRBO and the like; or 2. The dwelling unit is offered for lease in any medium for a period of less than seven (7) nights. The foregoing presumption may be rebutted by evidence presented to the Code Enforcement Officer for the Town of Southold that the dwelling unit is not a transient rental property. §280-111. Prohibited uses in all districts. A. Any use which is noxious, offensive or objectionable by reason of the emission of smoke, dust, gas, odor or other form of air pollution or by reason of the deposit, discharge or dispersal of liquid or solid wastes in any form in such manner or amount as to cause permanent damage to the soil and streams or to adversely affect the surrounding area or by reason of the creation of noise, vibration, electromagnetic or other disturbance or by reason of illumination by artificial light or light reflection beyond the limits of the lot on or from which such light or light reflection emanates; or which involves any dangerous fire, explosive, radioactive or other hazard; or which causes injury, annoyance or disturbance to any of the surrounding properties or to their owners and occupants; and any other process or use which is unwholesome and noisome and may be dangerous or prejudicial to health, safety or general welfare, except where such activity is licensed or regulated by other governmental agencies. Southold Town Meeting Agenda - June 16, 2015 Page 30 B. Artificial lighting facilities of any kind which create glare beyond lot lines. C. Uses involving primary production of the following products from raw materials: charcoal and fuel briquettes; chemicals; aniline dyes; carbide; caustic soda; cellulose; chlorine; carbon black and bone black; creosote; hydrogen and oxygen; industrial alcohol; nitrates of an explosive nature; potash; plastic materials and synthetic resins; pyroxylin; rayon yarn; hydrochloric, nitric, phosphoric, picric and sulfuric acids; coal, coke and tar products, including gas manufacturing; explosives; gelatin, glue and size (animal); linoleum and oil cloth; matches; paint, varnishes and turpentine; rubber (natural or synthetic); soaps, including fat rendering; starch. D. The following processes: (1) Nitrating of cotton or of other materials. (2) Milling or processing of flour. (3) Magnesium foundry. (4) Reduction, refining, smelting and alloying metal or metal ores. (5) Refining secondary aluminum. (6) Refining petroleum products, such as gasolines, kerosene, naphtha and lubricating oil. (7) Distillation of wood or bones. (8) Reduction and processing of wood pulp and fiber, including paper mill operations. E. Operations involving stockyards, slaughterhouses and slag piles. F. Storage of explosives. G. Quarries. H. Storage of petroleum products. Notwithstanding any other provisions of this chapter, storage facilities with a total combined capacity of more than 20,000 gallons, including all tanks, pipelines, buildings, structures and accessory equipment designed, used or intended to be used for the storage of gasoline, fuel oil, kerosene, asphalt or other petroleum products, shall not be located within 1,000 feet of tidal waters or tidal wetlands. I. Encumbrances to public roads. (1) No person shall intentionally discharge or cause to be discharged any water of any kind onto a public highway, roadway, right-of-way or sidewalk causing a public nuisance, hazardous condition, or resulting in flooding or pooling in or around the public area, including neighboring properties. (2) No person shall place or cause to be placed obstructions of any kind, except the lawful parking of registered vehicles, upon a public highway, roadway, right-of- way or sidewalk that unreasonably interferes with the public's use of the public highway, roadway, right-of-way or sidewalk. Southold Town Meeting Agenda - June 16, 2015 Page 31 J. Transient Rental Properties. 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 sixty (60) days after its filing with the Secretary of State as provided by law. Vote Record - Resolution RES-2015-566 Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated Robert Ghosio Tabled Withdrawn James Dinizio Jr Supervisor's Appt William P. Ruland Tax Receiver's Appt Jill Doherty Rescinded Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell No Action Lost 2015-567 CATEGORY: Attend Seminar DEPARTMENT: Land Preservation NYS Farmland Protection Working Group Meeting Attendee RESOLVED that the Town Board of the Town of Southold grants permission to Melissa Spiro, Land Preservation Coordinator, to attend the NYS Farmland Protection Working Group Meeting being held in Albany, New York, on Thursday, June 25, 2015, hosted by NYS Department of Agriculture and Markets to discuss Farmland Protection Implementation Grants. All expenses for travel to be a legal charge to the 2015 Land Preservation Department budget line A.8710.4.600.200 (meetings & seminars). Vote Record - Resolution RES-2015-567 Yes/AyeNo/NayAbstainAbsent Adopted Adopted as Amended Robert Ghosio Defeated James Dinizio Jr Tabled William P. Ruland Withdrawn Supervisor's Appt Jill Doherty Southold Town Meeting Agenda - June 16, 2015 Page 32 Tax Receiver's Appt Louisa P. Evans Rescinded Scott A. Russell Town Clerk's Appt Supt Hgwys Appt No Action Lost 2015-568 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney IMA W/Greenport Village - Utilizing Town's Lifeguards at Fifth Street Beach for 2015 Summer Season RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Intermunicipal Agreement between the Town of Southold and the Village of Greenport in connection with the Village of Greenport utilizing the approval of the Town Attorney. Vote Record - Resolution RES-2015-568 Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated Robert Ghosio Tabled Withdrawn James Dinizio Jr Supervisor's Appt William P. Ruland Tax Receiver's Appt Jill Doherty Rescinded Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell No Action Lost 2015-569 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney F.I. Bay Patrol Agreement W/David Herod 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 David Herod of Mystic, Connecticut, to perform services as a Fishers Island Bay Patrol, effective May Southold Town Meeting Agenda - June 16, 2015 Page 33 1, 2015 through December 31, 2015, at a compensation rate of $1,296.88, plus approved expenses, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2015-569 Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated Robert Ghosio Tabled Withdrawn James Dinizio Jr Supervisor's Appt William P. Ruland Tax Receiver's Appt Jill Doherty Rescinded Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell No Action Lost 2015-570 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Sewer Easement W/F.I. School District RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Grant of Sewer Easement and all other necessary documents to effectuate same between the Fishers Island Union Free School District and the Town of Southold, acting for and on behalf of the Fishers Island Sewer District, for purposes of extending the Fishers Island Sewer Collection System, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2015-570 Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated Robert Ghosio Tabled Withdrawn James Dinizio Jr Supervisor's Appt William P. Ruland Tax Receiver's Appt Jill Doherty Rescinded Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell No Action Lost Southold Town Meeting Agenda - June 16, 2015 Page 34 2015-571 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorize Execution of Purchase Contract with Mattituck Park District RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Contract of Sale with the Mattituck Park District for the purchase of the Pike Street parking lot, SCTM #140-3-5, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2015-571 Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated Robert Ghosio Tabled Withdrawn James Dinizio Jr Supervisor's Appt William P. Ruland Tax Receiver's Appt Jill Doherty Rescinded Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell No Action Lost 2015-572 CATEGORY: Attend Seminar DEPARTMENT: Engineering Attend Forum on Nitrogen Pollution in Suffolk County RESOLVED that the Town Board of the Town of Southold hereby grants permission to Michael Collins and Alix Suter to attend the Forum on Nitrogen Pollution in Suffolk County in Stony Brook, NY on June 23, 2015. All expenses for registration, travel to be a legal charge to the 2015 budget (meetings and seminars). Vote Record - Resolution RES-2015-572 Adopted Yes/AyeNo/NayAbstainAbsent Adopted as Amended Defeated Robert Ghosio Tabled James Dinizio Jr Withdrawn William P. Ruland Supervisor's Appt Jill Doherty Tax Receiver's Appt Rescinded Louisa P. Evans Town Clerk's Appt Southold Town Meeting Agenda - June 16, 2015 Page 35 Supt Hgwys Appt Scott A. Russell No Action Lost 2015-573 CATEGORY: Budget Modification DEPARTMENT: Town Clerk 2015 Budget Modification - Highway Financial Impact: Cover over extended budget lines RESOLVED that the Town Board of the Town of Southold hereby modifies the 2015 budget as follows: General Fund Part Town From: B.1990.4.100.200 Highway Contingencies 19,953 To: B.9901.9.000.200 Transfers to Highway Fund 19,953 Highway Fund Part Town Increase Revenues: DB.5031.00 Transfers from Other Funds 19,953 Decrease Appropriations DB.5110.4.400.300 Drainage Replacements 6,959 Total $26,912 Increase Appropriations: DB.5110.4.400.600 Other Contracted Services 4,004 DB.5130.2.300.100 Light Duty Vehicles 500 DB.5142.4.100.100 Miscellaneous Supplies 2,455 DB.5142.4.100.920 Sand 19,953 Total $26,912 Vote Record - Resolution RES-2015-573 Adopted Yes/AyeNo/NayAbstainAbsent Adopted as Amended Robert Ghosio Defeated James Dinizio Jr Tabled Withdrawn William P. Ruland Supervisor's Appt Jill Doherty Tax Receiver's Appt Louisa P. Evans Rescinded Southold Town Meeting Agenda - June 16, 2015 Page 36 Town Clerk's Appt Scott A. Russell Supt Hgwys Appt No Action Lost 2015-574 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney IMA W/Babylon Town - Transporting & Disposing of TOS Municipal Solid Waste RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Intermunicipal Agreement between the Town of Southold and the Town of Babylon relating to the transportation and disposal of Southold Vote Record - Resolution RES-2015-574 Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated Robert Ghosio Tabled Withdrawn James Dinizio Jr Supervisor's Appt William P. Ruland Tax Receiver's Appt Jill Doherty Rescinded Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell No Action Lost 2015-575 CATEGORY: Advertise DEPARTMENT: Solid Waste Management District Part Time Clerk Typist RESOLVEDauthorizes and that the Town Board of the Town of Southold hereby directs the Town Clerk to advertise for the position of Part-Time Clerk Typist for the Solid Waste District in the June 25 edition of the Suffok Times . Southold Town Meeting Agenda - June 16, 2015 Page 37 Vote Record - Resolution RES-2015-575 Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated Robert Ghosio Tabled Withdrawn James Dinizio Jr Supervisor's Appt William P. Ruland Tax Receiver's Appt Jill Doherty Rescinded Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell No Action Lost 2015-576 CATEGORY: Litigation DEPARTMENT: Town Attorney Authorize TA to Commence Article 78 Proceeding Against NYS DEC RESOLVED that the Town Board of the Town of Southold hereby ence an Article 78 proceeding in Supreme Court, Suffolk County, against the New York State Department of Environmental Conservation to compel the New York State Department of Environmental Conservation to maintain water quality testing programs as required by law. Vote Record - Resolution RES-2015-576 Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated Robert Ghosio Tabled Withdrawn James Dinizio Jr Supervisor's Appt William P. Ruland Tax Receiver's Appt Jill Doherty Rescinded Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell No Action Lost 2015-577 Southold Town Meeting Agenda - June 16, 2015 Page 38 CATEGORY: Employment - Town DEPARTMENT: Town Attorney Appoint Zoe Vayer as a Summer Intern for TA Office RESOLVED that the Town Board of the Town of Southold hereby appoints Zoe Vayer as an capacity without compensation. Vote Record - Resolution RES-2015-577 Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated Robert Ghosio Tabled Withdrawn James Dinizio Jr Supervisor's Appt William P. Ruland Tax Receiver's Appt Jill Doherty Rescinded Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell No Action Lost 2015-578 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney PH 7/14/15 @ 7:32 PM LL/Aquaculture Uses WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 16th day of June, 2015, a Local Law entitled "A Local Law in relation to Amendments to Chapter 219, Shellfish and Other Marine Resources, and Chapter 280, Zoning, in connection with Aquaculture Uses" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 14th day of July, 2015 at 7:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 219, Shellfish and Other Marine Resources, and Chapter 280, Zoning, in connection with Aquaculture Uses" reads as follows: LOCAL LAW NO. 2015 Southold Town Meeting Agenda - June 16, 2015 Page 39 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 219, Shellfish and Other Marine Resources, and Chapter 280, Zoning, in connection with Aquaculture Uses". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. Aquaculture is one of the fastest growing industries in the world with already 50% of seafood consumed worldwide being produced through aquaculture. The Town of Southold has large areas suitable for the development of land based aquaculture. The purpose of this local law is to provide for the orderly development of land based aquaculture within the Town of Southold. II. Chapters 219 and 280 of the Code of the Town of Southold are hereby amended as follows: §219-4. Definitions. For the purpose of this Chapter, the terms used herein are defined as follows: Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged (or latest edition). AQUACULTURE/MARICULTURE - The cultivation, planting, containment or harvesting of products that naturally are produced in the freshwater or marine environments, including finfish, shellfish, mollusks, crustaceans and seaweed., and the installation of cribs, racks and in-water structures for cultivating such products. , but excluding the construction of any building, any filling or dredging or the construction of any water-regulating structures. AQUACULTURE - The cultivation, planting, containment or harvesting of products that are naturally produced in freshwater or marine environments, including finfish, shellfish, mollusks, crustaceans and seaweed. LAND BASED AQUACULTURE - Any form of aquaculture that does not take place in a natural body of water or marine environment. MARICULTURE - Aquaculture that does take place in natural bodies of water and marine environments including the installation of cribs, racks and other in-water structures. §280-4. Definitions. B. Definitions and Usages. Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted Southold Town Meeting Agenda - June 16, 2015 Page 40 below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged (or latest edition). AQUACULTURE - The cultivation, planting, containment or harvesting of products that are naturally produced in freshwater or marine environments, including finfish, shellfish, mollusks, crustaceans and seaweed. LAND BASED AQUACULTURE - Any form of aquaculture that does not take place in a natural body of water or marine environment. MARICULTURE - Aquaculture that does take place in natural bodies of water and marine environments including the installation of cribs, racks and other in-water structures. §280-13. Use regulations. In the 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. (7) In the A-C District only land based aquaculture operations including research and development which meet the following standards: (a) The land based aquaculture operations shall be on a parcel that is at least 5 acres. (b) The structures used for land based aquaculture operations shall be set back a minimum of 100 feet from any property line. (c) Any land based aquaculture operation shall take place in a fully enclosed structure. (d) Any land based aquaculture operation shall be entitled to a retail area not more than 10% of the gross floor area of the structure where the land based aquaculture takes place for the direct marketing of its products. (e) Land based aquaculture operations shall be subject to site plan approval by the Planning Board. (f) Any land based aquaculture operation shall at all times maintain any and all permits, licenses and/or any other approvals required by Federal, State and County authorities. §280-58. Use regulations. In the LIO District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: Southold Town Meeting Agenda - June 16, 2015 Page 41 A. Permitted uses. The following uses are permitted uses and, except for those uses permitted under subsection A(1) hereof, are subject to site plan approval by the Planning Board: (17) Land based aquaculture operations including research and development which meet the following standards: (a) Any land based aquaculture operation shall take place in a fully enclosed structure. (b) Any land based aquaculture operation shall be entitled to a retail area not more than 10% of the gross floor area of the structure that the land based aquaculture takes place for the direct marketing of its products. (c) Any land based aquaculture operation shall at all times maintain any and all permits, licenses and/or any other approvals required by Federal, State and County authorities. §280-62. Use regulations. In the LI District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: A. Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1) and (2) hereof, are subject to site plan approval by the Planning Board: (16) Land based aquaculture operations including research and development which meet the following standards: (a) Any land based aquaculture operation shall take place in a fully enclosed structure. (b) Any land based aquaculture operation shall be entitled to a retail area not more than 10% of the gross floor area of the structure that the land based aquaculture takes place for the direct marketing of its products. (c)Any land based aquaculture operation shall at all times maintain any and all permits, licenses and/or any other approvals required by Federal, State and County authorities. 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-2015-578 Adopted Yes/AyeNo/NayAbstainAbsent Adopted as Amended Southold Town Meeting Agenda - June 16, 2015 Page 42 Defeated Robert Ghosio Tabled James Dinizio Jr Withdrawn William P. Ruland Supervisor's Appt Tax Receiver's Appt Jill Doherty Rescinded Louisa P. Evans Town Clerk's Appt Scott A. Russell Supt Hgwys Appt No Action Lost 2015-579 CATEGORY: Legislation DEPARTMENT: Town Attorney LL Aquaculture Uses to SCPC & PB RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town aw in relation to Amendments to Chapter 219, Shellfish and Other Marine Resources, and Chapter 280, Zoning, in connection with Planning for their recommendations and reports. Vote Record - Resolution RES-2015-579 Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated Robert Ghosio Tabled Withdrawn James Dinizio Jr Supervisor's Appt William P. Ruland Tax Receiver's Appt Jill Doherty Rescinded Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell No Action Lost 2015-581 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Accept CHG Quote/375Th Anniversary Committee Southold Town Meeting Agenda - June 16, 2015 Page 43 RESOLVED that the Town Board of the Town of Southold hereby accepts the quotation dated April 27, 2015 from Color House Graphics, Inc. and hereby further authorizes and directs Supervisor Scott A. Russell to execute said quotation relating to the publication of a book in th connection with the 375 Anniversary of the Town of Southold, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2015-581 Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated Robert Ghosio Tabled Withdrawn James Dinizio Jr Supervisor's Appt William P. Ruland Tax Receiver's Appt Jill Doherty Rescinded Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell No Action Lost 2015-580 CATEGORY: Public Service DEPARTMENT: Town Clerk Create Tick Committee RESOLVED that the Town Board of the Town of Southold hereby creates the Southold Town Tick Committee. Members to include (1) Environmental Organization Representative, (1) Wildlife Biologist, (1) member of the Southold Town Deer Management Committee, (1) member that has been affected by or has extensive knowledge of Tick Borne Diseases, and (2) members of the community at large. Appointment shall be for a term of four (4) months. Vote Record - Resolution RES-2015-580 Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated Robert Ghosio Tabled Withdrawn James Dinizio Jr Supervisor's Appt William P. Ruland Tax Receiver's Appt Jill Doherty Rescinded Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell No Action Lost Southold Town Meeting Agenda - June 16, 2015 Page 44 2015-582 CATEGORY: Property Acquisition Purchase DEPARTMENT: Land Preservation Elect to Purchase Edwards (PLT) Dev Rights Easement WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of a development rights easement on a certain parcel of property owned by Elbert T. Edwards and Harriet L. Edwards (Peconic Land Trust, Incorporated, as Contract Vendee) on th the 16 day of June, 2015, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as SCTM #1000-20.-3-6.2. The address is 36930 NYS Route 25 in Orient. The property is located in the R-80 and R-200 zoning districts and is situated on the southerly side of NYS Route 25, directly opposite Greenway East Road in Orient, New York; and WHEREAS, the proposed acquisition is for a development rights easement on the entire parcel consisting of approximately 20.6± acres (subject to a Town-provided survey); and WHEREAS, the development rights easement will limit the use of the property to that of passive open space and/or agricultural production as set forth in the easement; and WHEREAS, property that should be preserved for open space, agriculture, and wetland protection purposes; and WHEREAS, the easement will be acquired using Community Preservation Funds. The purchase price is $700,000 (seven hundred thousand dollars) for the entire 20.6± acre easement plus acquisition costs; and WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation), and Chapter 185 (Open Space Preservation) of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program stent with the LWRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the development rights easement; and Southold Town Meeting Agenda - June 16, 2015 Page 45 WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on this agricultural land; and, WHEREAS, THE TOWN BOARD OF THE TOWN OF SOUTHOLD CLASSIFIES THIS ACTION AS AN UNLISTED ACTION PURSUANT TO THE SEQRA RULES AND REGULATIONS, 6NYCRR 617.1 ET. SEQ.; AND, WHEREAS, the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and, WHEREAS, the Town Board of the Town of Southold accepted the Short Environmental Form for this project that is attached hereto; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action; and, be it further RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a development rights easement on land owned by Elbert T. Edwards and Harriet L. Edwards (Peconic Land Trust, Incorporated, as contract vendee), identified as SCTM #1000-20.-3-6.2. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the LWRP and the Town Board has determined that this action is consistent with the LWRP. Vote Record - Resolution RES-2015-582 Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated Robert Ghosio Tabled Withdrawn James Dinizio Jr Supervisor's Appt William P. Ruland Tax Receiver's Appt Jill Doherty Rescinded Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell No Action Lost VI. PUBLIC HEARINGS 1. PH 6/16/15 @ 7:32 PM Strauel Coastal Erosion Appeal 2. P.H. 6/16/15 7:34 pm Edwards (PLT) DRE Purchase