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HomeMy WebLinkAboutAG-08/11/2015 ELIZABETH A. NEVILLE Town Hall, 53095 Main Road TOWN CLERK PO Box 1179 Southold, NY 11971 REGISTRAR OF VITAL STATISTICSFax (631) 765-6145 MARRIAGE OFFICER Telephone: (631) 765 - 1800 RECORDS MANAGEMENT OFFICER www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER AGENDA SOUTHOLD TOWN BOARD August 11, 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 August 11, 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 - August 11, 2015 Page 2 I. REPORTS 1. Programs for the Disabled Monthly Report July 2015 2. Special Project Coordinators Monthly Report July 2015 3. Zoning Board of Appeals Monthly and Department Head Report July 2015 4. Judge Bruer Monthly Report July 2015 5. Judge Evans Monthly Report July 2015 6. Judge Price Montly Report July 2015 II. PUBLIC NOTICE III. COMMUNICATIONS IV. DISCUSSION 1. 9:00 AM-John Cushman Bond Savings and Financial Overview 2. 9:30 AM-John Severini, Jeff Standish and Dave Dominy Funding for Deer Management 3. 9:45 AM-Michael Collins and Jamie Richter Highway/DPW Yard Improvements 4. 10:00 AM- Michael Collins and Jamie Richter Presentation on the Peconic Nitrogen TMDL 5. 10:30 AM-Bill Toedter and NFEC Army Corps & EPA Plans for Dredge Dumping in LI Sound 6. Councilman Ghosio Update on East End Arts Proposal for the Peconic Lane Community Center 7. Pawloski Change of Zone Southold Town Meeting Agenda - August 11, 2015 Page 3 8. LL/Amend Zoning Map SCTM #1000-12-1-1.2 from R-120 to AHD 9. CPF Extension Water Quality Program 10. EXECUTIVE SESSION - Labor Matters Involving Employment of Particular Person(S) Update on PBA 11:30 AM - Jim Bunchuk 11. EXECUTIVE SESSION - Litigation Town of Southold v. Frank J. Kelly, et al. 12. Special Event Request Walk N' Roll - October 17, 2015 V. RESOLUTIONS 2015-710 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby August 11, 2015. Vote Record - Resolution RES-2015-710 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 2015-711 Southold Town Meeting Agenda - August 11, 2015 Page 4 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, August 25, 2015 at the Southold Town Hall, Southold, New York at 4:30 P. M. Vote Record - Resolution RES-2015-711 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 2015-712 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Reappoint John F. Betsch to the Board of Assessment Review RESOLVEDreappoints John F. Betsch that the Town Board of the Town of Southold hereby to the Board of Assessment Review effective October 1, 2015 through September 30, 2020. Vote Record - Resolution RES-2015-712 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 - August 11, 2015 Page 5 2015-713 CATEGORY: Refund DEPARTMENT: Town Clerk Various Clean Up Deposits WHEREAS the following groups have supplied the Town of Southold with a Clean-up Deposit fee in the amount of $250.00, for their events and WHEREAS the Southold Town Police Chief, Martin Flatley, has informed the Town Clerk's office that this fee may be refunded, now therefor be it RESOLVED that Town Board of the Town of Southold hereby authorizes a refund be issued in the amount of $250.00 to the following: Name Date Received Joshua Whalley 5/28/15 PO Box 1284 Mattituck, NY 11952 Vote Record - Resolution RES-2015-713 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 2015-714 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Police Department Assistance to Cutchogue Fire Department Chicken BBQ Financial Impact: Cost Analysis from PD is $595.30 Southold Town Meeting Agenda - August 11, 2015 Page 6 RESOLVED the Town Board of the Town of Southold hereby grants Police Department assistance to the Cutchogue Fire Department for its Annual Chicken BBQ on Saturday, August 22, 2015 at the Cutchogue Fire Department field, 260 New Suffolk Road, Cutchogue, provided they adhere to the Town of Southold Policy for Special Events on Town Properties and Roads. Support is for this year only. All Town fees for this event, with the exception of the Clean-up Deposit, are waived. Vote Record - Resolution RES-2015-714 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 2015-715 CATEGORY: Budget Modification DEPARTMENT: Accounting Establish Capital Budget for FI Salt Storage Building Financial Impact: Formally establish Capital Budget for construciton of a Salt Storage Building on Fishers Island WHEREAS the Town Board of the Town of Southold adopted a 2015 Capital Budget which includes a $100,000 appropriation for construction of a Salt Storage Building on Fishers Island, and WHEREAS Capital Budget items in the Capital Fund, now therefore be it RESOLVED authorizes the that the Town Board of the Town of Southold hereby establishment of the following Capital Project in the 2015 Capital Fund : Capital Project Name:FI Salt Storage Building Financing Method: Transfer from the General Fund Whole Town Budget: Revenues: H.5031.43 Interfund Transfers $100,000 Southold Town Meeting Agenda - August 11, 2015 Page 7 Total $100,000 Appropriations: H.1620.2.500.200 Buildings & Grounds Capital Outlay FI Salt Storage Building $100,000 Total $100,000 Vote Record - Resolution RES-2015-715 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 2015-716 CATEGORY: Fmla DEPARTMENT: Accounting Grant FMLA Leave to a Town Employee RESOLVED that the Town Board of the Town of Southold hereby grants a leave of absence for up to 12 weeks to Employee #7680 effective August 4, 2015 pursuant to the Family Medical Leave Act. Vote Record - Resolution RES-2015-716 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 - August 11, 2015 Page 8 2015-717 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District SWMD Budget Modifications Financial Impact: To cover replacement of catalytic converter for Chevy Silverado; shop drill; air filters for screener; overdrawn lines for Admin. leave earnings, CAT 966 repairs. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2015 Solid Waste Management District budget as follows: From: SR 1490.1.100.500 Admin Holiday Pay $ 430 SR 8160.4.100.551 Maint/Supply CAT 966 425 SR 8160.2.500.450 Radio Equipment 50 SR 8160.4.400.665 Repairs-CBI Grinder 1,900 Total $2,805 To: SR 1490.1.100.200 Admin Overtime Earnings $ 192 SR 1490.1.100.300 Admin Vacation Earnings 238 SR 8160.2.500.200 Garage & Shop Equipment 50 SR 8160.4.100.573 Maint/Supply Trommel Screen 400 SR 8160.4.100.625 Repairs-Chevy P/U 1,900 SR 8160.4.400.655 Repairs-966 Loader 25 Total $2,805 Vote Record - Resolution RES-2015-717 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 2015-718 Southold Town Meeting Agenda - August 11, 2015 Page 9 CATEGORY: Property Usage DEPARTMENT: Recreation Approve Use of Tennis Courts RESOLVEDgrants permission to that the Town Board of the Town of Southold hereby Southold High School to use the 6 tennis courts at Tasker & Jean Cochran parks for girls varsity & junior varsity matches for a total of 12 days beginning September 4 and ending on October 27. fice a Two Million Dollar Certificate of Insurance naming the Town of Southold as additional insured, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2015-718 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 2015-719 CATEGORY: Property Usage DEPARTMENT: Recreation Approve Field Use - Southold Soccer RESOLVED that the Town Board of the Town of Southold does hereby grant permission to the Southold Soccer League to use the field behind the Peconic Lane Community Center for practice (Tuesday - Thursday, 5:00 - 6:00 p.m.) and for games (Sundays, 11:30 a.m. - 3:00 p.m.) beginning September 20 and ending on November 1. Applicant must file with the Town Clerk a Two Million Dollar Certificate of Insurance naming the Town of Southold as additional insured. Vote Record - Resolution RES-2015-719 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 - August 11, 2015 Page 10 Rescinded Louisa P. Evans Town Clerk's Appt Scott A. Russell Supt Hgwys Appt No Action Lost 2015-720 CATEGORY: Consulting DEPARTMENT: Engineering Asbestos Survey of the Highway/DPW Yard RESOLVED that the Town Board of the Town of Southold hereby authorizes Scott A. Russell to enter into a professional services contract with D&B Engineers and Architects, P.C., for an asbestos survey of the Maintenance Garage/Office Building, the Break Building, the Trailer and the Storage Barn located at the Highway/DPW Yard, at a cost not to exceed $14,516.00 as outlined in their proposal dated August 4, 2015, said services to be a legal charge to A.1620.4.400.100, Building Maintenance & Repairs, all in accordance with the Town Attorney. Vote Record - Resolution RES-2015-720 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 2015-721 CATEGORY: Budget Modification DEPARTMENT: Information Technology Budget Modification for Hardware and Software Purchases Financial Impact: Budget Modification weill be between the IT Operating Budget Accounts to increase Police Server capital project Southold Town Meeting Agenda - August 11, 2015 Page 11 RESOLVED that the Town Board of the Town of Southold hereby modifies the 2015 General Fund Whole Town budget as follows: From: A.1680.4.400.553 Police Systems Maintenance $2855 To: A.9901.9.000.100 Transfer to Capital Fund $2855 and be it further RESOLVED that the Town Board of the Town of Southold hereby increases the 2015 Capital Fund as follows: Revenues: H.5031.33 Server Upgrades $2855 Appropriations: H.1680.2.600.600 Server Upgrades $2855 Vote Record - Resolution RES-2015-721 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 2015-722 CATEGORY: Attend Seminar DEPARTMENT: Building Department Training RESOLVED that the Town Board of the Town of Southold hereby grants permission to Building Inspector Gary Fish, Building Permits Examiner Damon Rallis and Fire Marshall Robert Fisher to attend a seminar on Wood Framing in Southampton, New York, on August 19, 2015. All expenses for registration and travel to be a legal charge to the 2015 Building Department budget (meetings and seminars). Southold Town Meeting Agenda - August 11, 2015 Page 12 Vote Record - Resolution RES-2015-722 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 2015-723 CATEGORY: Budget Modification DEPARTMENT: Accounting Create Capital Budget for Generator Replacement at PD HQ Financial Impact: Formally appropriate funds for Generator included in 2015 Capital Budget WHEREAS the Town Board of the Town of Southold adopted a 2015 Capital Budget which includes a $29,000 appropriation for a Generator replacement at Police headquarters, and WHEREAS mally establish Capital Budget items in the Capital Fund, now therefore be it RESOLVED authorizes the that the Town Board of the Town of Southold hereby establishment of the following Capital Project in the 2015 Capital Fund : Capital Project Name:Emergency Generators Financing Method: Transfer from the General Fund Whole Town Budget: Revenues: H.5031.12 Interfund Transfers $29,000 Total $29,000 Appropriations: H.1620.2.300.100 Buildings & Grounds Capital Outlay Emergency Generators $29,000 Total $29,000 Southold Town Meeting Agenda - August 11, 2015 Page 13 Vote Record - Resolution RES-2015-723 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 2015-724 CATEGORY: Property Usage DEPARTMENT: Recreation Field Use - Peconic Panthers Football RESOLVED that the Town Board of the Town of Southold does hereby grant permission to the Peconic Panthers Football League to use the north outfield at Tasker Park for practice (Monday - Friday, 5:00 - 8:00 p.m.) and the football field at Cochran Park for games (Sundays, 9:00 a.m. - 7:00 p.m.) beginning on August 12 and ending on November 15. Applicant must file with the Town Clerk a Two Million Dollar Certificate of Insurance naming the Town of Southold as additional insured. Vote Record - Resolution RES-2015-724 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 - August 11, 2015 Page 14 2015-725 CATEGORY: Property Usage DEPARTMENT: Town Clerk Peconic Landing Fireworks Permit RESOLVED that the Town Board of the Town of Southold hereby approves the issuance of a fireworks permit by the Town Clerk to Peconic Landing @ Southold, for a fireworks display on August 30, 2015 at 9:00PM (Rain Date: September 6, 2015) at 9:00 PM), on the Peconic Landing?s property at 1500 Brecknock Road, Greenport, New York, upon the payment of a single fee of $100 and subject to the applicant?s compliance with the requirements of the Town?s policy regarding the issuance of fireworks permits. Vote Record - Resolution RES-2015-725 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 2015-726 CATEGORY: Authorize to Bid DEPARTMENT: Solid Waste Management District Authorize Ro Bid Compost Turner RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk's office to advertise for a Self-Propelled Compost Windrow Turner for use at the Department of Solid Waste. Vote Record - Resolution RES-2015-726 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 - August 11, 2015 Page 15 Supt Hgwys Appt Scott A. Russell No Action Lost 2015-727 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification for Serial Bond Principal Financial Impact: Additional appropriation for serial bond principal 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 $3,800 Total $3,800 To: A.9710.6.000.000 Serial Bond Principal $3,800 Total $3,800 Vote Record - Resolution RES-2015-727 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 2015-728 CATEGORY: Budget Modification DEPARTMENT: Accounting Southold Town Meeting Agenda - August 11, 2015 Page 16 Budget Modification for Asbestos Survey Financial Impact: Provide appropriation for asbestos survey at Highway Department RESOLVED that the Town Board of the Town of Southold hereby modifies the 2015 General Fund Whole Town budget as follows: From: A.9901.9.000.100 Transfer to Capital Fund $14,516 Total $14,516 To: A.1620.4.400.100 Building Maintenance/Repairs $14,516 Total $14,516 Vote Record - Resolution RES-2015-728 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 2015-729 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification for Serial Bond Principal Financial Impact: Use leftover bond proceeds for debt service principal payment RESOLVED that the Town Board of the Town of Southold hereby modifies the 2015 Highway Fund Part Town budget as follows: From: DB.9901.9.000.100 Transfer to Capital Fund $46,182 Total $46,182 Southold Town Meeting Agenda - August 11, 2015 Page 17 To: DB.9710.6.000.000 Serial Bond Principal $46,182 Total $46,182 Vote Record - Resolution RES-2015-729 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 2015-730 CATEGORY: Authorize to Bid DEPARTMENT: Fishers Island Ferry District Authorize to Bid - Elizabeth Field Airport RESOLVED that the Town Board of the Town of Southold hereby autorizes and directs the hting and Signage Repairs Contract for the Elizabeth Field Airport, Fishers Island, New York. Vote Record - Resolution RES-2015-730 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 2015-731 Southold Town Meeting Agenda - August 11, 2015 Page 18 CATEGORY: Advertise DEPARTMENT: Town Clerk Resignation from HAC and Advertise RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Fred Andrews of the Housing Advisory Commission, effective immediately. And be it further Vote Record - Resolution RES-2015-731 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 2015-732 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Clerk Laserfiche RIO Change Order Financial Impact: Funded through Budget modification 2015-708 08/11/15 A.1989.2.400.520 · Personal Computer Software $7,100.00 RESOLVEDa that the Town Board of the Town of Southold hereby uthorizes and directs Supervisor Scott A. Russell to execute Change Order #SOO452_08032015 in connection Laserfiche RIO Project with General Code Publishers Corporation in the amount of $8,208.00, all in accordance with the approval of the Town Attorney. Vote Record - Resolution RES-2015-732 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 - August 11, 2015 Page 19 Town Clerk's Appt Scott A. Russell Supt Hgwys Appt No Action Lost 2015-733 CATEGORY: Public Service DEPARTMENT: Town Clerk Appoint Temporary Marriage Officer RESOLVED the Town Board of the Town of Southold hereby appoints Robin P. Sweeny as a Temporary Marriage Officer for the Town of Southold, on Saturday, October 3, 2015 only, to serve at no compensation. Vote Record - Resolution RES-2015-733 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 2015-734 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney PH 9/22/15 @ 4:32 PM Pawlowski Change of Zone RESOLVED that the Town Board of the Town of Southold is considering the change of zone application from Paul Pawlowski regarding a portion of the property identified as SCTM #1000- 122-7-9 from R-80 to General Business (B); and be it further RESOLVED that the Town Board of the Town of Southold requests that the Planning Board prepare a report and recommendations on the proposed rezoning, including SEQRA and LWRP report and recommendations; and be it further Southold Town Meeting Agenda - August 11, 2015 Page 20 RESOLVED that the Town Board of the Town of Southold requests that the Suffolk County Planning Commission prepare a report and recommendations on the proposed rezoning; and be it further RESOLVED, that pursuant to the requirements of Section 265 of the New York State Town Law and the Code of the Town of Southold, Suffolk County, New York, the Town Board of the Town of Southold will hold a public hearing on a proposed Local Law entitle Amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of a portion of property identified on the Suffolk County Tax Map as Lot #1000-122-7-9 from R-80 nd 22 day of York, on the September, 2015 at 4:32 p.m. and directs the Town Clerk to publish notice of such application in the Suffolk Times not less than ten (10) days nor more than thirty (30) days prior to such hearing. Vote Record - Resolution RES-2015-734 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 2015-735 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Police Advisory Vacancy RESOLVED that the Town Board of the Town of Southold hereby appoints John O'Brien to the Police Advisory Committee, effective immediately. Vote Record - Resolution RES-2015-735 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 - August 11, 2015 Page 21 Rescinded Louisa P. Evans Town Clerk's Appt Scott A. Russell Supt Hgwys Appt No Action Lost 2015-736 CATEGORY: Landfill Misc. DEPARTMENT: Solid Waste Management District Commercial MSW Tip Fee RESOLVED that the tip fee at the Transfer Station for the acceptance of MSW designated as high-volume commercial shall be set at $85/ton, effective August 12, 2015. Vote Record - Resolution RES-2015-736 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 2015-737 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification for Town Clerk Financial Impact: Provide appropriation for payment of sick leave and overtime 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 $7,100 Southold Town Meeting Agenda - August 11, 2015 Page 22 Total $7,100 To: A.1410.1.100.200 Town Clerk, FT Employees, Overtime Earnings $1,000 A.1410.1.100.400 Town Clerk, FT Employees, Sick Earnings 6,100 Total $7,100 Vote Record - Resolution RES-2015-737 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 2015-738 CATEGORY: Enact Local Law DEPARTMENT: Town Attorney Enact Change of Zone Fishers Island WHEREAS , there was presented to the Town Board of the Town of Southold, Suffolk County, th A Local Law to Amend the New York, on the 30 Zoning Map of the Town of Southold by Changing the Zoning Designation of SCTM #1000-12-1-1.2 from R-120 to AHD WHEREAS , on July 7, 2015, the Suffolk County Department of Economic Development and Planning deemed the subject change of zone a matter for local determination; and WHEREAS , on July 31, 2015, the Local Waterfront Revitalization Program Coordinator found that the subject change of zone is consistent with LWRP standards; and WHEREAS , on July 31, 2015, the Southold Planning Department recommended that the subject change of zone will not have a significant effect on the environment, that a Draft Environmental Impact Statement should not be prepared and that a negative declaration be adopted; and WHEREAS , on August 3, 2015, pursuant to §280-29(C), the Planning Board reviewed the subject change of zone and issued a report supporting same; and Southold Town Meeting Agenda - August 11, 2015 Page 23 WHEREAS , on August 5, 2015, 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; and WHEREAS , the public hearing is officially closed; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby declares itself lead agency for the purposes of SEQRA review for the subject change of zone; and be it further RESOLVED that the Town Board of the Town of Southold hereby adopts a negative declaration for the purpose of SEQRA review and finds that the subject change of zone will not have a significant effect on the environment and that a Draft Environmental Impact Statement will not be prepared; and be it further RESOLVED , that the Town Board of the Town of Southold hereby ENACTS the proposed A Local Law to Amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of SCTM #1000-12-1-1.2 from R-120 to AHD reads as follows: LOCAL LAW ___ of 2015 Section 1. Purpose. The purpose of this Local Law is to amend the Zoning Map to change the zoning on the parcel known as SCTM #1000-12-1-1.2 from R-120 to AHD, to allow for the construction of three (3) single-family homes that will remain affordable in perpetuity. Section 2. Code Amendment. Based on the goals and identified housing needs of the Town, and upon our consideration of the recommendations of the Town Planning Board, the Suffolk County Planning Commission, and the public comments taken at the public hearing and otherwise, we hereby amend the official Zoning Map of the Town of Southold as adopted by Section 100-21 of the Town Code to change parcel SCTM #1000-12-1-1.2 from R-120 to AHD. The property is approximately .75 acres and is located off of Fox Lane on Fishers Island in the Town of Southold. Section 3. 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. Section 4. Effective Date Southold Town Meeting Agenda - August 11, 2015 Page 24 This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Vote Record - Resolution RES-2015-738 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 2015-739 CATEGORY: Seqra DEPARTMENT: Town Attorney SEQRA LL/Transient Rental Properties RESOLVED that the Town Board of the Town of Southold hereby determines that the proposed A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Transient Rental Properties a Type II action pursuant to SEQRA rules and regulations, and is not subject to further review under SEQRA, and is consistent with the LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. Vote Record - Resolution RES-2015-739 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 - August 11, 2015 Page 25 2015-740 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL - Transient Rentals RESOLVED thatthere has been presented to the Town Board of the Town of Southold, Suffolk th County, New York, on the 14 day of July, 2015, a Local Law entitled relation to Amendments to Chapter 280, Zoning, in connection with Transient Rental And be it further RESOLVED that the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, reads as follows: LOCAL LAW NO. 2015 elation to Amendments to Chapter 280, Zoning, in A Local Law entitled, . 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 being rented for short periods of time. The Town Board finds that such transient rentals threaten the residential character and quality of life of neighborhoods in which they occur. Additionally, the Town Board has determined that a short-term rental, as being potentially more lucrative, will necessarily decrease the inventory of available long-term affordable rentals. 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 fourteen (14) nights. For the purposes of this Chapter, the term Transient Rental Property shall mean all non- owner occupied, single-family residences, two-family residences, and townhouses rented for a period of less than fourteen (14) nights and shall not include: Southold Town Meeting Agenda - August 11, 2015 Page 26 1. 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. 2. 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 fourteen (14) 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. 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 Southold Town Meeting Agenda - August 11, 2015 Page 27 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. J. Transient Rental Properties. §280-155. Penalties for offenses. A. For each offense against any of the provisions of this chapter or any regulations made pursuant thereto or for failure to comply with a written notice or order of any Building Inspector within the time fixed for compliance therewith, the owner, occupant, builder, architect, contractor, or their agents, or any other person who commits, takes part or assists in the commission of any such offense or any person, including an owner, contractor, agent or other person who fails to comply with a written order or notice of any Building Inspector or Zoning Inspector shall, upon a first conviction thereof, be guilty of a violation, punishable by a fine not exceeding $5,000 or by imprisonment for a period not to exceed 15 days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense. For a second and subsequent conviction within 18 months thereafter, such person shall be guilty of a violation punishable by a fine not exceeding $10,000 or by imprisonment for a period not to exceed 15 days, or by both such fine and imprisonment. B. Notwithstanding the foregoing, any violation of §§280-13A(6), 280-13B(13), 280-13D, and 280-111(j) are hereby declared to be offenses punishable by a fine not less than $1,500 nor more than $8,000 or imprisonment for a period not to exceed six months, or both, for a conviction of a first offense; for convictions of a second or subsequent offense within 18 months, a fine not less than $3,000 nor more than $15,000 or imprisonment not to exceed a period of six months, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers in general, violations of this chapter shall be Southold Town Meeting Agenda - August 11, 2015 Page 28 deemed misdemeanors, and, for such purpose only, all provisions of law relating to additional violation. Additionally, in lieu of imposing the fine authorized in this section, in accordance with Penal Law §80.05(5), the court may sentence the defendant(s) to pay an amount, fixed by the court, not exceeding double the amount of the rent collected over the term of the occupancy. 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-2015-740 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 8/11/15 @ 7:32 PM LL/Transient Rental Properties