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HomeMy WebLinkAboutTB-12/01/2015 ELIZABETH A.NEVILLE Town Hall, 53095 Main Road TOWN CLERK ' + °o�= PO Box 1179 itSouthold,NY 11971 REGISTRAR OF VITAL STATISTICS :o ,a Fax(631)765-6145 MARRIAGE OFFICER * •• Telephone: (631)765 - 1800 RECORDS MANAGEMENT OFFICER - --• •'" southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING December 1, 2015 7:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, December 1, 2015 at the Meeting Hall, Southold, NY. Call to Order 7:30 PM Meeting called to order on December 1, 2015 at Meeting Hall, 53095 Route 25, Southold,NY. Attendee Name Organization Title Status Arrived Robert Ghosio Town of Southold Councilman Present James Dinizio Jr Town of Southold Councilman Present William P. Ruland Town of Southold Councilman Present Jill Doherty Town of Southold Councilwoman Present Louisa P. Evans Town of Southold Justice Present Scott A. Russell Town of Southold Supervisor Present Elizabeth A. Neville Town of Southold Town Clerk Present William M Duffy Town of Southold Town Attorney Present I. Reports 1. Dept of Public Works Monthly Report 2. Town Budget Report 3. Judge Evans Monthly Report 4. Judge Bruer Monthly Report 5. Judge Price Monthly Report 6. Solid Waste District Monthly Report 7. Land Tracking Report Southold Town Board Regular Meeting December 1, 2015 page 2 8. Solid Waste District Monthly Report 9. Judge Evans Monthly Report 10. Judge Bruer Monthly Report II. Public Notices 1. NYS Liquor License - Renewal 2. NYS Assembly Standing Committee Public Hearing III. Communications IV. Discussion 1. 9:00 Am - Robert Harper 2. 9:15 Am - Michael Collins, Jamie Richter and John Sepenoski 3. 9:30 Am - Heather Lanza and Mark Terry 4. 10:00 Am -John Cushman 5. Intern for Town Attorney's Office 6. Transportation Commission Recommendations 7. EXECUTIVE SESSION - Labor- Matters Involving Employment of Particular Person/S 8. Suffolk County Regional Planning Alliance 9. Southold Town Alarm System Fees Discussion 10. Motion To: Motion to Enter Executive RESOLVED that the Town Board of the Town of Southold hereby Enter into Executive Session at 11:22AM for the purpose of discussing the following matters: Labor- Matters Involving Employment of Particular Person/s 11:15 am - Chief Flatley Labor—Matter Involving Employment of Particular Person—Town Attorney RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell 11. Motion To: Motion to Exit Executive Southold Town Board Regular Meeting December 1, 2015 page 3 RESOLVED that the Town Board of the Town of Southold hereby Exit/Recess from this Executive Session at 1:11PM. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Executive Session - Resolution 962 Resolution Number 2015-962 was placed on the agenda as a result of the executive session. Motion To: Recess 9:00 AM meeting RESOLVED that the Town Board of the Town of Southold hereby Recess this 9:00 AM meeting of the Town Board at 1:11PM until the Regular 7:30PM Meeting of the Southold Town Board. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Pledge to the Flag Motion To: Reconvenes 9:00 AM meeting RESOLVED that the Town Board of the Town of Southold hereby reconvenes the 9:00 AM meeting of the Southold Town Board at this 7:30PM Regular Meeting of the Southold Town Board. RESULT: ADOPTED [UNANIMOUS] MOVER: Scott A. Russell, Supervisor SECONDER:William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Opening Comments Supervisor Scott A. Russell SUPERVISOR RUSSELL: Please rise and join in the Pledge of Allegiance. Thank you. If anybody would like to address the Town Board on any of the resolutions, any of the agenda items, please feel free. I assume its budget related matters? We can do that at the end. As soon as we get through the agenda. Anybody else? (No response) V. Resolutions 2015-939 CATEGORY: Audit DEPARTMENT: Town Clerk Southold Town Board Regular Meeting December 1, 2015 page 4 Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated December 1,2015. ✓Vote Record-Resolution RES-2015-939 El Adopted ❑ Adopted as Amended O Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Robert Ghosio Seconder 121 0 ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt James Dinizio Jr Voter El 0 ❑ 0 ❑ Tax Receiver's Appt William P Ruland Voter 121 ❑ ❑ ❑ 0 Rescinded Jill Doherty Voter El 0 0 0 o Town Clerk's Appt Louisa P Evans Mover El ❑ ❑ ❑ o Supt Hgwys Appt Scott A.Russell Voter ❑ ❑ ❑ ❑ No Action ❑ Lost Councilman William P. Ruland voted on all items on the audit with the exception of two (2) relating to Twomey, Latham & Shea Attorneys 2015-940 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Next Town Board Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, December 15, 2015 at the Southold Town Hall, Southold, New York at 4:30 P. M._ ✓Vote Record-Resolution RES-2015-940 El Adopted O Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Seconder El ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter El ❑ ❑ ❑ ❑ Tax Receiver's Appt William P Ruland Voter El 0 0 0 ❑ Rescinded Jill Doherty Voter El 0 0 0 ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ 0 0 ❑ Supt Hgwys Appt Scott A.Russell Voter El ❑ ❑ ❑ O No Action O Lost Southold Town Board Regular Meeting December 1, 2015 page 5 2015-914 Tabled 11/17/2015 4:30 PM CATEGORY: Budget Modification DEPARTMENT: Engineering Budget Modification-Purchase Highway Office Phone System Financial Impact: Transfer of funds from Engineering to pay for an upgraded phone system at the Highway Department Office. No net budget impact. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2015 General Fund Whole Town budget as follows: From: A.1440.4.400.300 MS4 Brochure Printing $500 A.1440.4.500.100 Engineering Surveys $3,000 A.1440.4.500.200 Water Quality Testing $2,000 A.1440.4.500.300 Soil Boring Analysis $1,000 A.1440.4.600.800 MS4 Advertising $500 Total $7,000 To: A.1680.2.500.450 Telephone Equipment $7,000 Total $7,000 ✓Vote Record-Resolution RES-2015-914 El Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent Robert Ghosio Voter ❑ Withdrawn 11 ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Mover El 0 0 0 - ❑ Tax Receiver's Appt William P Ruland Seconder El 0 0 0 o Rescinded Jill Doherty Voter El ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 0 ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter El ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-941 CATEGORY: Budget Modification DEPARTMENT: Police Dept Southold Town Board Regular Meeting December 1, 2015 page 6 Police Department-Budget Modification Financial Impact: Reallocation of funds to cover current and anticipated vehicle maintenance and repair fees RESOLVED that the Town Board of the Town of Southold hereby modifies the 2015 General Fund Whole Town budget as follows: From: A.3120.4.100.200 Police/C.E./Gasoline & Oil $45,000 Total $45,000 To: A.3120.4.400.650 Police/C.E/Vehicle Maint. & Repairs $45,000 Total $45,000 ✓Vote Record-Resolution RES-2015-941 O Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter 0 0 ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ 0 CI Tax Receiver's Appt William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Mover 0 ❑ ❑ ❑ O Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ O No Action ❑ Lost 2015-942 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification for Medical Insurance Financial Impact: Provide appropriations for medical insurance-family changes and transferred employees RESOLVED that the Town Board of the Town of Southold hereby modifies the 2015 budget as follows: Highway Fund Part Town From: DB.9010.8.000.000 NYS Retirement, ERS $20,800 To: Southold Town Board Regular Meeting December 1, 2015 page 7 DB.9060.8.000.000 Medical Insurance,NYSHIP $20,800 Solid Waste District From: SR.9010.8.000.000 NYS Retirement, ERS $17,100 To: SR.9060.8.000.000 Medical Insurance,NYSHIP $17,100 I Vote Record-Resolution RES-2015-942 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Robert Ghosio Voter El 0 0 0 ❑ Withdrawn ❑ Supervisor's Appt James Dinizio Jr Voter El ❑ ❑ ❑ ❑ Tax Receiver's Appt William P Ruland Mover El ❑ ❑ ❑ 0 Rescinded Jill Doherty Voter El 0 ❑ 0 ❑ Town Clerk's Appt Louisa P Evans Seconder El ❑ ❑ ❑ o Supt Hgwys Appt Scott A.Russell Voter El ❑ ❑ ❑ ❑ No Action O Lost 2015-943 CATEGORY: Budget Modification DEPARTMENT: Police Dept Police Department-Budget Modification Financial Impact: Reallocation of funds to cover expenditures needed to outfit the new HP2 Police Interceptor RESOLVED that the Town Board of the Town of Southold hereby modifies the 2015 General Fund Whole Town budget as follows: From: A.3120.2.300.100 Police/Equipment/MV/Automobiles $9,306 A.3120.2.500.800 Police/Equipment/Other/Light Bars $3,312 Total $12,618 To: A.3120.2.500.875 Police/Equip/Other/Other Veh. Equip. $12,618 Total $12,618 I Vote Record-Resolution RES-2015-943 El Adopted Yes/Aye No/Nay Abstain Absent O Adopted as Amended 0 Defeated Robert Ghosio Seconder El ❑ ❑ ❑ Southold Town Board Regular Meeting December 1, 2015 page 8 ❑ Tabled James Dinizio Jr Voter ❑ ❑ 0 ❑ Withdrawn William P Ruland Voter l ❑ 0 ❑ ❑ Supervisor's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Rescinded Scott A.Russell Voter 0 ❑ 0 0 ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2015-944 CATEGORY: Contracts, Lease&Agreements DEPARTMENT: Fishers Island Ferry District FIFD Bid Award-Airport RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District Board of Commissioners dated November 13, 2015 regarding award letter to Baseline King Corp of Barneveld, New York. /Vote Record-Resolution RES-2015-944 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Mover 0 ❑ 0 0 ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P Ruland Voter 0 ❑ 0 ❑ ❑ Rescinded Jill Doherty Voter El ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder El ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-945 CATEGORY: Budget Modification DEPARTMENT: Information Technology Information Technologies Budget Modification Financial Impact: Transfer funds between operating expense budget lines RESOLVED that the Town Board of the Town of Southold hereby modifies the 2015 Southold Town Board Regular Meeting December 1, 2015 page 9 Information Technologies budget in the General Fund Whole Town as follows: From: A.1680.4.400.200 Training $2,000 A.1680.4.400.356 UPS Maintenance 1,000 Total $3,000 To: A.1680.2.400.450 Workstation/ Server $3,000 Total $3,000 ✓Vote Record-Resolution RES-2015-945 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter Q ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Mover El ❑ ❑ ❑ ❑ Tax Receiver's Appt William P Ruland Voter ❑ ❑ ❑ o Rescinded Jill Doherty Seconder 2 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter IEl 0 ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ 0 0 ❑ No Action O Lost 2015-946 CATEGORY: Equipment DEPARTMENT: Highway Department Transfer Assets RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the transfer of the Department of Public Works Asset number (2438) Garbage Truck and Asset number(2205) Aerial Bucket truck to the Highway Departments Asset list. I Vote Record-Resolution RES-2015-946 El Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated Robert Ghosio Voter El ❑ 0 0 ❑ Tabled James Dinizio Jr Voter 0 ❑ ❑ ❑ o Withdrawn o Supervisor's Appt William P Ruland Seconder El ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover 2 ❑ ❑ ❑ ❑ Rescinded Louisa P Evans Voter p ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A.Russell Voter El ❑ ❑ ❑ ❑ Supt Hgwys Appt 0 No Action Southold Town Board Regular Meeting December 1, 2015 page 10 ❑ Lost 2015-947 CATEGORY:: Bond DEPARTMENT: Highway Department Amend Highway Bond Dated 2013 RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED DECEMBER 1, 2015, AMENDING THE BOND RESOLUTION ADOPTED ON SEPTEMBER 10, 2013 Recitals WHEREAS, the Town Board of the Town of Southold, in the County of Suffolk, New York, has heretofore duly authorized the construction of improvements to Town highway facilities at the estimated maximum cost of$3,500,000, pursuant to the bond resolution adopted by the Town Board on September 10, 2013; and WHEREAS, the estimated cost of said project has now been determined to be $3,700,000, and it is necessary and in the public interest to increase the appropriation for the project by $200,000 and to amend said bond resolution to authorize the issuance of$3,700,000 bonds to reflect such increase; 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 members of said Town Board) AS FOLLOWS: Section (A) The bond resolution of the Town of Southold duly adopted by the Town Board on September 10, 2013, entitled: "Bond Resolution of the Town of Southold, New York, adopted September 10, 2013, authorizing the construction of improvements to Town highway facilities, stating the estimated maximum cost thereof is $3,500,000, appropriating said amount for such purpose, and authorizing the issuance of bonds in the principal amount of $3,500,000 to finance said appropriation," is hereby amended to read as follows: BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED SEPTEMBER 10, 2013 AND AMENDED DECEMBER 1, 2015, AUTHORIZING THE CONSTRUCTION OF IMPROVEMENTS TO TOWN HIGHWAY FACILITIES, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $3,700,000, APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE, AND AUTHORIZING THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED Southold Town Board Regular Meeting December 1, 2015 page 11 $3,700,000 TO FINANCE SAID APPROPRIATION THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two- thirds of all the members of said Town Board) AS FOLLOWS: Section 1. The Town of Southold, in the County of Suffolk, New York (herein called the "Town"), is hereby authorized to construct improvements to Town highway facilities, consisting of construction of a pre-engineered metal building containing a welding bay, service bays, toilets and administrative spaces; a pre-engineered pole barn; a consolidated fueling station; an outdoor truck washing area; material storage bins; and demolition of existing fuel storage tanks; all of the foregoing to include site work, installation or extension of necessary utilities and any ancillary work required in connection therewith. The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $3,700,000 and said amount is hereby appropriated for such purpose. The plan of financing includes the issuance of not to exceed $3,700,000 bonds of the Town to finance said appropriation, and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Section 2. Bonds of the Town in the principal amount of$3,700,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the "Law"), to finance said appropriation. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness applicable to the object or purpose for which said bonds are authorized to be issued, within the limitations of Section 11.00 a. 11(b) of the Law, is twenty(25) 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 for the purpose for which said bonds are authorized. 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. (d) The Town Board of the Town, acting in the role of Lead Agency pursuant to the provisions of the New York State Environmental Quality Review Act ("SEQRA"), has determined that the objects or purposes described in Section 1 hereof is an Unlisted Action as defined under SEQRA and the Regulations promulgated thereunder. The Town's Planning Department has completed a Long Environmental Assessment Form which has been reviewed by the Town Board and the Town Board has determined that the project will not have a significant impact on the environment and a Negative Declaration has been issued by the Town Board. Section 4. Each of the bonds authorized by this resolution, and any bond anticipation notes issued in anticipation of the sale of said bonds, shall contain the recital of Southold Town Board Regular Meeting December 1, 2015 page 12 validity as prescribed by Section 52.00 of the Law and said bonds, and any notes issued in anticipation of said bonds, shall be general obligations of the Town, payable as to both principal and interest by 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 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 relative to the authorization 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 Section 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 of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, and as to executing agreements for credit enhancement, 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 the sale 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 bond resolution is subject to a permissive referendum and the Town Clerk is hereby authorized and directed, within ten (10) days after the adoption of this resolution, to publish or cause to be published, in full, in the "The Suffolk Times, " a newspaper having a general circulation within said Town and hereby designated the official newspaper of the Town for such publication, and posted on the sign board of the Town maintained pursuant to the Town Law, a Notice in substantially the following form: TOWN OF SOUTHOLD, NEW YORK PLEASE TAKE NOTICE that on December 1, 2015 the Town Board of the Town of Southold, in the County of Suffolk, New York, adopted a resolution amending the bond resolution adopted by said Town Board on September 10, 2013, which bond resolution, as amended, is entitled: "Bond Resolution of the Town of Southold, New York, adopted Southold Town Board Regular Meeting December 1, 2015 page 13 September 10, 2013 and amended December 1, 2015, authorizing the construction of improvements to Town highway facilities, stating the estimated maximum cost thereof is $3,700,000, appropriating said amount for such purpose, and authorizing the issuance of bonds in the principal amount of not to exceed $3,700,000 to finance said appropriation," an abstract of such bond resolution, concisely stating the purpose and effect thereof, being as follows: FIRST: AUTHORIZING said Town to construct improvements to Town highway facilities, consisting of construction of a pre-engineered metal building containing a welding bay, service bays, toilets and administrative spaces; a pre-engineered pole barn; a consolidated fueling station; an outdoor truck washing area; material storage bins; and demolition of existing fuel storage tanks; all of the foregoing to include site work, installation or extension of necessary utilities and any ancillary work required in connection therewith; STATING the estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $3,700,000; APPROPRIATING said amount for such purpose; and STATING the plan of financing includes the issuance of not to exceed $3,700,000 bonds of the Town to finance said appropriation, and the levy of a tax upon all the taxable real property within the Town to pay the principal of said bonds and interest thereon; SECOND: AUTHORIZING the issuance of not to exceed $3,700,000 bonds of the Town pursuant to the Local Finance Law of the State of New York (the "Law") to finance said appropriation; THIRD: DETERMINING and STATING the period of probable usefulness applicable to the purpose for which said bonds are authorized to be issued is twenty (25) years; the proceeds of said bonds and any bond anticipation notes issued in anticipation thereof may be applied to reimburse the Town for expenditures made after the effective date of this bond resolution for the purpose for which said bonds are authorized; and the proposed maturity of said bonds will exceed five (5) years; and STATING that the Town Board, as Lead Agency pursuant to the provisions of the New York State Environmental Quality Review Act ("SEQRA"), has determined that the purpose for which the bonds are authorized is an Unlisted Action and a Negative Declaration has been issued FOURTH: DETERMINING that said bonds and any bond anticipation notes issued in anticipation of said bonds and the renewals of said bond anticipation notes shall be general obligations of the Town; and PLEDGING to their payment the faith and credit of the Town; FIFTH: DELEGATING to the Supervisor the powers and duties as to the issuance of said bonds, and any bond anticipation notes issued in anticipation of said bonds, or the renewals thereof; and SIXTH: DETERMINING that the bond resolution is subject to a permissive referendum. Southold Town Board Regular Meeting December 1, 2015 page 14 DATED: December 1, 2015 Elizabeth A. Neville Town Clerk Section 8. The Town Clerk is hereby authorized and directed, after said bond resolution shall take effect, to cause said bond resolution to be published, in summary, in the newspaper referred to in Section 7 hereof, and hereby designated the official newspaper for said publication, together with a Notice in substantially the form as provided by Section 81.00 of the Law. Section (B) The amendment of the bond resolution as set forth in Section (A) of this resolution shall in no way affect the validity of any liabilities incurred, obligations issued, or action taken pursuant to said bond resolution prior to amendment, and all such liabilities incurred, obligations issued, or action taken shall be deemed to have been incurred, issued or taken pursuant to said bond resolution, as amended. Section (C) Said bond resolution, as amended, is subject to a permissive referendum as therein provided. In the event that a valid petition protesting against said bond resolution and requesting that it be submitted to the electors of said Town for their approval or disapproval is filed and the Proposition submitted therefor is defeated, the validity of the bond resolution adopted September 10, 2013 shall not be in any way affected and shall remain in full force and effect. ✓Vote Record-Resolution RES-2015-947 ll Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter EJ 0 ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter El ❑ 0 ❑ ❑ Tax Receiver's Appt William P Ruland Mover El ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter El ❑ 0 ❑ 0 Town Clerk's Appt Louisa P Evans Seconder El ❑ 0 0 ❑ Supt Hgwys Appt Scott A.Russell Voter El 0 ❑ ❑ ❑ No Action ❑ Lost 2015-948 CATEGORY: Consulting DEPARTMENT: Engineering Energy Performance RFP for Town Facilities WHEREAS the Request for Proposals for an Energy Performance Contract for Town Facilities opening was incomplete, now there for be it Southold Town Board Regular Meeting December 1, 2015 page 15 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Engineering Department to re-issue a Request for Proposals for an Energy Performance Contract for Town Facilities to qualified firms, as per the Town's procurement policy, subject to the approval of the Town Attorney. . I Vote Record-Resolution RES-2015-948 Lel Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Seconder ll ❑ ❑ 0 ❑ Supervisor's Appt James Dinizio Jr Mover ll ❑ ❑ ❑ ❑ Tax Receiver's Appt William P Ruland Voter 0 ❑ 0 ❑ o Rescinded Jill Doherty Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover ll 0 ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter El 0 0 0 ❑ No Action ❑ Lost 2015-949 CATEGORY: Budget Modification DEPARTMENT: Police Dept Police Department-Budget Modification Financial Impact: Reallocation of funds to purchase channel markers and buoys for Fishers Island and Southold Town that were damaged during the 2015 Summer season. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2015 General Fund Whole Town budget as follows: From: A.3120.4.600.250 Police, C.E., Misc. FI Constable Training $1,500.00 A.3130.4.100.200 Bay Constable, C.E., Supplies & Materials, Gas & Oil 850.00 Total $2,350.00 To: A.3130.2.400.400 Bay Constable, Equip, Other Equip, Buoys $2,350.00 Southold Town Board Regular Meeting December 1, 2015 page 16 Total $2,350.00 I Vote Record-Resolution RES-2015-949 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Robert Ghosio Mover El ❑ 0 0 ❑ Withdrawn El Supervisor's Appt James Dinizio Jr Voter El ❑ ❑ ❑ ❑ Tax Receiver's Appt William P Ruland Voter El ❑ ❑ 0 ❑ Rescinded Jill Doherty Voter El ❑ 0 0 o Town Clerk's Appt Louisa P Evans Seconder El 0 ❑ ❑ o Supt Hgwys Appt Scott A.Russell Voter El 0 ❑ ❑ ❑ No Action ❑ Lost 2015-950 CATEGORY: Bid Acceptance DEPARTMENT: Engineering Accept Bid of Diam-N-Blu Mechanical Corp. RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Diam-N- Blu Mechanical Corp. in the amount of$444,500.00 for heating, ventilation and air conditioning work in connection with the construction of a new Southold Town Highway Maintenance Building; and be it further 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 Diam- N-Blu Mechanical Corp. in the total amount of$444,500.00, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2015-950 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter El ❑ ❑ 0 ❑ Supervisor's Appt James Dinizio Jr Mover El ❑ ❑ ❑ ❑ Tax Receiver's Appt William P Ruland Seconder El 0 0 ❑ ❑ Rescinded Jill Doherty Voter El ❑ 0 ❑ ❑ Town Clerk's Appt Louisa P Evans Voter El ❑ ❑ 0 ❑ Supt Hgwys Appt Scott A.Russell Voter El ❑ ❑ ❑ o No Action O Lost Southold Town Board Regular Meeting December 1, 2015 page 17 2015-951 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District SWMD Budget Mods Financial Impact: Provide funds for: earned overtime;pending purchase of new 2-yr residential& commercial vehicle permits (2016-2017); 4th qtr groundwater monitoring. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2015 Solid Waste Management District budget as follows: From: SR 8160.1.100.100 F/T Employee-Reg Earnings $1,750 SR.8160.4.100.200 Diesel Fuel 200 SR 8160.4.100.225 Lubricants 1,300 SR 8160.4.100.650 Town Garbage Bags 3,450 SR 8160.4.500.175 Gas Monitoring 1,200 $7,900 To: SR 8160.1.100.200 F/T Employee-Overtime Earnings $1,750 SR 8160.4.100.110 Pre-Printed Forms 1,500 SR 8160.4.500.150 Groundwater Monitoring 4,650 Total $7,900 ✓Vote Record-Resolution RES-2015-951 ll Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter C7 0 ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter El 0 ❑ ❑ ❑ Tax Receiver's Appt William P Ruland Seconder El 0 0 0 0 Rescinded Jill Doherty Mover El 0 0 0 ❑ Town Clerk's Appt Louisa P Evans Voter El ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter El ❑ ❑ 0 ❑ No Action ❑ Lost 2015-952 Southold Town Board Regular Meeting December 1, 2015 page 18 CATEGORY: Bid Acceptance DEPARTMENT: Solid Waste Management District LF Monitoring Contract Financial Impact: New contract for semi-annual groundwater monitoring as approved this year by DEC; and quarterly gas monitoring. Semi-annual testing represents a savings of 50%over prior groundwater sampling costs. WHEREAS three proposals were received in response to the Solid Waste Management District's RFP issued on November 12 for the monitoring of groundwater and gas around the Cutchogue landfill as required by the New York State Department of Environmental Conservation; and WHEREAS the proposal received by Dvirka and Bartilucci Engineers and Architects was the lowest cost proposal submitted; it is hereby RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Dvirka and Bartilucci Engineers and Architects, PC to conduct semi-annual groundwater and quarterly gas monitoring through calendar year 2019 at a total combined cost not to exceed $75,000 over that time, in accordance with the terms and pricing schedules specified in the RFP, all with the approval of the Town Attorney; and it is further RESOLVED that Supervisor Russell is authorized to execute a contract with D&B for same, with the approval of the Town Attorney. ✓Vote Record-Resolution RES-2015-952 ❑ Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter Q ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt William P Ruland Mover Q ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter Q ❑ 0 ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder Q 0 0 ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter Q 0 0 ❑ ❑ No Action ❑ Lost 2015-953 CATEGORY: Attend Seminar DEPARTMENT: Accounting Authorize Viewing of NYS GFOA Workers Compensation Webinar Southold Town Board Regular Meeting December 1, 2015 page 19 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Secretarial Assistant Christine Foster to view the NYS GFOA Workers Compensation Webinar on December 16, 2015 to charge the $55.00 registration fee to the 2015 Accounting& Finance Department Meetings & Seminars appropriation (A.1310.4.600.200). ✓Vote Record-Resolution RES-2015-953 ll Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent O Tabled ❑ Withdrawn Robert Ghosio Seconder El 0 0 0 ❑ Supervisor's Appt James Dinizio Jr Voter El 0 0 0 ❑ Tax Receiver's Appt William P Ruland Voter El 0 0 0 ❑ Rescinded Jill Doherty Voter El 0 0 0 0 Town Clerk's Appt Louisa P Evans Mover El 0 0 0 ❑ Supt Hgwys Appt Scott A.Russell Voter El 0 0 0 ❑ No Action ❑ Lost 2015-954 CATEGORY: Trailer Permit DEPARTMENT: Town Clerk Trailer Permit Refund RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund of $250.00 to Philippe Jacquet, Inc., 3513 76th Street, Apt. 31, Jackson Heights,New York 11372 for a trailer permit application that was determined unnecessary by the Building Department, ✓Vote Record-Resolution RES-2015-954 El Adopted ❑-Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Robert Ghosio Mover El 0 ❑ 0 ❑ Withdrawn ❑ Supervisor's Appt James Dinizio Jr Voter El 0 0 0 ❑ Tax Receiver's Appt William P Ruland Seconder El 0 0 0 0 Rescinded Jill Doherty Voter El 0 0 ❑ ❑ Town Clerk's Appt Louisa P Evans Voter El 0 0 0 ❑ Supt Hgwys Appt Scott A.Russell Voter El 0 0 0 ❑- No Action O Lost Southold Town Board Regular Meeting December 1, 2015 page 20 2015-955 CATEGORY: Budget Modification DEPARTMENT: Justice Court 2015 Budget Modification -Justice Court Financial Impact: to cover an over-expended appropriation line. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2015 General Fund Whole Town budget, as follows: From: A.1110.4.500.300 Justices, C.E., Interpreters $3,000 A.1110.4.600.200 Justices, C.E., Meetings & Seminars 600 A.1110.2.500.625 Justices, C.E., Tasers 600 Totals $4,200 To: A.1110.4.500.200 Justices, C.E., Court Reporters $3,000 A.1110.4.100.600 Justices, C.E., Uniforms & Accessories 600 A.1110.4.100.100 Justices, C.E., Office Supplies 600 Totals $4,200 I Vote Record-Resolution RES-2015-955 ll Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter ll ❑ ❑ 0 ❑ Supervisor's Appt James Dinizio Jr Mover El ❑ ❑ ❑ ❑ Tax Receiver's Appt William P Ruland Voter El ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter El ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder El ❑ ❑ ❑ o Supt Hgwys Appt Scott A.Russell Voter El ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-956 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney MOA with CSEA RESOLVED that the Town Board of the Town of Southold hereby ratifies the Memorandum of Agreement between the Town of Southold and the CSEA dated November 16, 2015, concerning the settlement of PERB Case Nos. U-34121. Southold Town Board Regular Meeting December 1, 2015 page 21 ✓Vote Record-Resolution RES-2015-956 ll Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled - Robert Ghosio Voter ll 0 ❑ Withdrawn ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter El ❑ 0 ❑ ❑ Tax Receiver's Appt William P Ruland Voter El 0 ❑ ❑ ❑ Rescinded Jill Doherty Mover El 0 ❑ 0 ❑ Town Clerk's Appt Louisa P Evans Seconder El 0 ❑ ❑ El Supt Hgwys Appt Scott A.Russell Voter El ❑ ❑ 0 ❑ No Action ❑ Lost 2015-957 CATEGORY: Contracts, Lease &Agreements DEPARTMENT: Accounting Amend NADE Agreement RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott Russell to execute an addendum agreement with Alere eScreen, to provide drug and alcohol collection services to the Town of Southold for the period from January 1, 2016 to December 31, 2016 with the option to extend the contract in one (1)-year increments, said agreement subject to the approval of the Town Attorney. I Vote Record-Resolution RES-2015-957 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter El 0 0 0 ❑ Supervisor's Appt James Dinizio Jr Voter El 0 ❑ ❑ ❑ Tax Receiver's Appt William P Ruland Mover Q ❑ 0 ❑ ❑ Rescinded Jill Doherty Voter 0 0 0 0 ❑ Town Clerk's Appt Louisa P Evans Seconder El ❑ 0 0 ❑ Supt Hgwys Appt Scott A.Russell Voter El ❑ ❑ 0 ❑ No Action ❑ Lost 2015-958 CATEGORY: Budget Modification Southold Town Board Regular Meeting December 1, 2015 page 22 DEPARTMENT: Solid Waste Management District 2015 SWMD Budget Modification Financial Impact: to cover the actual cost of L.K. McLean Associates to develop a new Local Solid Waste Management Plan RESOLVED that the Town Board of the Town of Southold hereby modifies the 2015 Solid Waste District budget as follows: From: SR.8160.4.100.500 Refuse & Garbage District $1040.00 Contractual Expenses Motor Vehicle Glass SR.8160.4.100.650 Refuse & Garbage District $3930.00 Contractual Expenses Garbage Bags Total $4970.00 To: SR.8160.4.400.100 Refuse & Garbage District $4970.00 Contractual Expenses Engineering Total $4970.00 ✓Vote Record-Resolution RES-2015-958 ❑ Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Robert Ghosio Seconder 0 0 0 ❑ ❑ Withdrawn ❑ Supervisor's Appt James Dinizio Jr Voter 0 0 0 ❑ ❑ Tax Receiver's Appt William P Ruland Voter 0 ❑ 0 ❑ ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-959 CATEGORY: Authorize Payment DEPARTMENT: Highway Department Purchase Truck for Highway RESOLVED that the Town Board of the Town of Southold hereby approves the purchase of one used 1994 Ford L-9000 Dump Truck from Fine Care Landscape Inc., at the agreed price of Southold Town Board Regular Meeting December 1, 2015 page 23 $9,950. This to be a legal charge to the 2015 budget line DB.5130.2.300.200 (Heavy Duty Vehicles) I Vote Record-Resolution RES-2015-959 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Mover El ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P Ruland Seconder El ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter El ❑ 0 ❑ ❑ Town Clerk's Appt Louisa P Evans Voter RI ❑ ❑ ❑ o Supt Hgwys Appt Scott A.Russell Voter 2 ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-960 CATEGORY: Budget Modification DEPARTMENT: Highway Department 2015 Highway Budget Modification Financial Impact: to cover over expended lines RESOLVED that the Town Board of the Town of Southold hereby modifies the 2015 Highway Fund Part Town budget as follows: From: DB.5140.4.400.100 Clean-up Debris 2,300.00 DB.5110.4.100.915 Cement 2,500.00 DB.5110.4.100.960 Drain Pipe/Rings/Covers 2,900.00 DB.5110.1.100.100 General Repairs Regular Earnings 11,000.00 DB.5130.1.100.100 Machinery Regular Earnings 2,500.00 DB.5110.4.100.950 Warning Devices 1,200.00 DB.5110.4.100.930 Stone Blend 1,000.00 DB.5110.4.100.200 Fuel/Lubricants 7,915.00 DB.5110.4.100.995 Signs & Posts 2,200.00 DB.5110.4.100.100 Miscellaneous Supplies 2,000.00 DB.5142.2.400.200 Snow Equipment 6,192.00 DB.5142.4.100.975 Plow Blades/Shoes 5,000.00 Total $46,707.00 To: Southold Town Board Regular Meeting December 1, 2015 page 24 DB.5110.4.100.905 Asphalt Patch 4,535.00 DB.5110.4.100.900 Resurfacing Projects 2,800.00 DB.5110.4.100.350 Traffic Paint 920.00 DB.5140.1.100.100 Brush & Weed Regular Earnings 4,203.00 DB.5110.1.100.200 General Repairs Overtime Earnings 4,155.00 DB.5130.1.100.100 Machinery Regular Earnings 2,500.00 DB.5130.4.100.500 Parts & Supplies 14,500.00 DB.5140.4.100.100 Office Supplies 320.00 DB.5140.4.200.100 Telephones/Cell Phones 246.00 DB.5140.4.400.150 Rubbish Disposal 450.00 DB.5140.4.400.600 Office Equip Maint/Repairs 309.00 DB.5140.4.600.300 Travel 1,522.00 DB.5130.2.300.200 Heavy Duty Vehicles 9,950.00 DB.5130.4.100.550 Tires 297.00 Total $46,707.00 ✓Vote Record-Resolution RES-2015-960 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent O Tabled - ❑ Withdrawn Robert Ghosio Voter El ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Mover ll ❑ ❑ ❑ o Tax Receiver's Appt William P Ruland Seconder 0 ❑ ❑ ❑ o Rescinded Jill Doherty Voter il ❑ ❑ ❑ o Town Clerk's Appt Louisa P Evans Voter El ❑ ❑ ❑ o Supt Hgwys Appt Scott A.Russell Voter El ❑ ❑ ❑ ❑ No Action O Lost 2015-961 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District 2015 SWMD Budget Modification Financial Impact: to purchase RCA for Compost site maintenance RESOLVED that the Town Board of the Town of Southold hereby modifies the 2015 Solid Waste District budget as follows: From: SR.8160.4.400.300 Public Information/Print $1000.00 Southold Town Board Regular Meeting December 1, 2015 page 25 SR.8160.4.100.800 Maint. Facilities/grounds 1000.00 Total $2000.00 To: SR.8160.4.100.609 RCA Blend $2000.00 Total $2000.00 i Vote Record-Resolution RES-2015-961 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled 0 Withdrawn Robert Ghosio Voter 0 0 0 0 ❑ Supervisor's Appt James Dinizio Jr Voter 0 0 0 ❑ ❑ Tax Receiver's Appt William P Ruland Seconder 0 ❑ 0 ❑ ❑ Rescinded Jill Doherty Mover 0 0 0 ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-962 CATEGORY: Legal DEPARTMENT: Town Attorney Intern for the Town Attorney's Office RESOLVED that the Town Board of the Town of Southold hereby appoints Ashley Finger as an intern in the Southold Town Attorney's Office from January 4 to January 22, 2016,to serve in this capacity without compensation. I Vote Record-Resolution RES-2015-962 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter 0 0 0 ❑ ❑ Supervisor's Appt James Dinizio Jr Voter 0 0 0 0 ❑ Tax Receiver's Appt William P Ruland Mover 0 0 0 0 ❑ Rescinded Jill Doherty Voter 121 0 0 ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 121 ❑ ❑ o ❑ Supt Hgwys Appt Scott A.Russell Voter 0 0 ❑ ❑ ❑ No Action ❑ Lost Southold Town Board Regular Meeting December 1, 2015 page 26 2015-963 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact Local Law Amends Chapters 275 & 280 WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 4` day of November, 2015, a Local Law entitled "A Local Law in relation to Amendments to Chapter 275,Wetlands and Shoreline, and Chapter 280, Zoning, in connection with building or structure setbacks from bulkheads and bluffs" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons will be given an opportunity to be heard, Now Therefor Be It RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 275,Wetlands and Shoreline, and Chapter 280, Zoning, in connection with building or structure setbacks from bulkheads and bluffs" reads as follows: LOCAL LAW NO. 9 of 2015 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 275,Wetlands and Shoreline, and Chapter 280, Zoning, in connection with building or structure setbacks from bulkheads and bluffs" . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town Board has determined that there exists in the Town Code certain conflicting setbacks for waterfront property. The Town Board finds that in order to create uniformity in the Code, Chapter 275 and Chapter 280 shall be amended so that waterfront setbacks are consistent and duplicative administrative review is reduced. II. Chapters 275 and 280 of the Code of the Town of Southold is hereby amended as follows: §275-3. C. Jurisdiction. The following areas are subject to protection under Chapter 275 of the Code of Southold. [Amended 10-11-2005 by L.L. No. 17-2005; 10-9-2012 by L.L. No. 12-2012] (1) Any freshwater wetland, tidal wetland, beach, bluff, dune, flat, marsh, swamp, wet meadow, bog, or vernal pool; Southold Town Board Regular Meeting December 1, 2015 page 27 (2) Any creek, estuary, stream, pond, canal, or lake; (3) Land under water; (4) Land subject to tidal action; (5) Land within 100 feet of the areas listed above; (6) All Town waters. D. Setbacks. [Amended 10-11-2005 by L.L. No. 17-2005] (1) The following minimum setbacks apply to any and all operations proposed on residential property within the jurisdiction of the Board of Trustees: (a) Wetland boundary. [1] Residence: 100 feet. [2] Driveway: 50 feet. [3] Sanitary leaching pool (cesspool): 100 feet. [4] Septic tank: 75 feet. [5] Swimming pool and related structures: 50 feet. [6] Landscaping or gardening: 50 feet. [7] Placement of C & D material: 100 feet. (b) Top of bluff. [Amended 10-9-2012 by L.L. No. 12-2012] [1] Residence: 100 feet. [2] Driveway: 100 feet. [3] Sanitary leaching pool (cesspool): 100 feet. [4] Swimming pool and related structures: 50 feet 100 feet. (2) The Board of Trustees reserves the right to waive or alter these setbacks where site- specific and/or environmental conditions justify such action. §280-116 Notwithstanding any other provisions of this chapter, the following setback requirements shall apply to all buildings or structures located on lots adjacent to water bodies and wetlands: A. Lots adjacent to Long Island Sound, Fishers Island Sound and Block Island Sound. a bluff Of a-bank as defined in Chapter 275 of the Southold Town Code. (1) All buildings or structures located on lots adjacent to sounds and upon which there exists a bluff or bank landward of the shore or beach shall be set back not fewer than 100 feet from the top of such bluff or bank. (2) Except as otherwise provided in Subsection A(1)hereof, all buildings or - - et feet from the ordinary high water mark of said sound. (3) Buildings or structures which are proposed landward of existing principal dwellings shall be exempt from the requirements set forth in Subsection A(1)and (-23 hereof. ' A • - - - Southold Town Board Regular Meeting December 1, 2015 page 28 back not less than 75 feet from the bulkhead. The following exceptions will apply: (1) Buildings which are proposed landward of existing buildings. (2) Lands which are not bulkheaded and are subject to a determination by the Board . . -- . . - - , - . . . . . . - •-, . (3) Docks, wharves, pilings, boardwalks, stairs, promenades, walkways and piers, which are accessory and separate from existing buildings or accessory structures. C. All buildings and structures located on lots adjacent to any freshwater body shall be set back not less than 75 feet from the edge of such water body or not less than 75 feet from the landward 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-2015-963 ❑ Adopted ❑ Adopted as Amended ❑ Defeated ll Tabled Yes/Aye No/Nay Abstain Absent O Withdrawn Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter el ❑ ❑ ❑ O Tax Receiver's Appt William P Ruland Voter El ❑ ❑ ❑ o Rescinded Jill Doherty Voter 0 0 ❑ ❑ o Town Clerk's Appt Louisa P Evans Mover 0 0 0 0 ❑ Supt Hgwys Appt Scott A.Russell Voter 0 0 0 ❑ ❑ No Action ❑ Lost Next:12/15/15 4:30 PM Motion To: Motion to recess to Public Hearing RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed in order to hold a public hearing. Southold Town Board Regular Meeting December 1, 2015 page 29 RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell VI. Public Hearings 1. PH for Wetlands Setbacks 12/1/15 7:31 Pm RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Robert Ghosio, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Councilman Robert Ghosio,Jr. COUNCILMAN GHOSIO: WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 4th day of November, 2015, a Local Law entitled "A Local Law in relation to Amendments to Chapter 275, Wetlands and Shoreline, and Chapter 280, Zoning, in connection with building or structure setbacks from bulkheads and bluffs" . 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 1st day of December, 2015 at 7:30 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 2751 Wetlands and Shoreline, and Chapter 280, Zoning, in connection with building or structure setbacks from bulkheads and bluffs" reads as follows: LOCAL LAW NO. , 2015 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 275, Wetlands and Shoreline, and Chapter 280, Zoning, in connection with building or structure setbacks from bulkheads and bluffs" . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town Board has determined that there exists in the Town Code certain conflicting setbacks for waterfront property. The Town Board finds that in order to create uniformity in the Code, Chapter 275 and Chapter 280 shall be amended so that waterfront setbacks are consistent and duplicative administrative review is reduced. II. Chapters 275 and 280 of the Code of the Town of Southold is hereby amended as follows: Southold Town Board Regular Meeting December 1, 2015 page 30 4275-3. C. Jurisdiction. The following areas are subject to protection under Chapter 275 of the Code of Southold. [Amended 10-11-2005 by L.L. No. 17-2005; 10-9-2012 by L.L. No. 12-2012] (1) Any freshwater wetland, tidal wetland, beach, bluff, dune, flat, marsh, swamp, wet meadow, bog, or vernal pool; (2) Any creek, estuary, stream, pond, canal, or lake; (3) Land under water; (4) Land subject to tidal action; (5) Land within 100 feet of the areas listed above; (6) All Town waters. D. Setbacks. [Amended 10-11-2005 by L.L. No. 17-2005] (1) The following minimum setbacks apply to any and all operations proposed on residential property within the jurisdiction of the Board of Trustees: (a) Wetland boundary. [1] Residence: 100 feet. [2] Driveway: 50 feet. [3] Sanitary leaching pool (cesspool): 100 feet. [4] Septic tank: 75 feet. [5] Swimming pool and related structures: 50 feet. [6] Landscaping or gardening: 50 feet. [7] Placement of C & D material: 100 feet. (b) Top of bluff. [Amended 10-9-2012 by L.L. No. 12-2012] [1] Residence: 100 feet. [2] Driveway: 100 feet. [3] Sanitary leaching pool (cesspool): 100 feet. [4] Swimming pool and related structures: 50 feet 100 feet. (2) The Board of Trustees reserves the right to waive or alter these setbacks where site- specific and/or environmental conditions justify such action. §280-116 Notwithstanding any other provisions of this chapter, the following setback requirements shall apply to all buildings or structures located on lots adjacent to water bodies and wetlands: A. Lots adjacent to Long Island Sound, Fishers Island Sound and Block Island Sound. a bluff 6f a-bank as defined in Chapter 275 of the Southold Town Code. Southold Town Board Regular Meeting December 1, 2015 page 31 (1) All buildings or structures located on lots adjacent to sounds and upon which there exists a bluff or bank landward of the shore or beach shall be set back not fewer than 100 feet from the top of such bluff or bank. - - !I - (3) Buildings or structures which are proposed landward of existing principal dwellings shall be exempt from the requirements set forth in Subsection A(1)and (2) hereof B. All buildings or structures located on lots upon which a bullch ad, concrete wall, riprap or back not less than 75 feet from the bulkhead. The following exceptions will apply: (1) Buildings which are proposed landward of existing buildings. Town Trustees under Chapter 275, Wetlands and Shoreline, of the Code of the Town of Southold. • . - accessory and separate from existing buildings or accessory structures. not less than 75 feet from the edge of such water body or not less than 75 feet from the landward edge of the freshwater wetland, whichever is greater. The following exception will apply: III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. I do have here a signed and notarized affidavit that the notice for this hearing was annexed, printed, noted and put on the Town Clerk's bulletin board. I have here a notarized affidavit that this hearing was advertised in the Suffolk Times. I have a memorandum from the LWRP coordinator, Mark Terry, who has determined that this proposed action is consistent with the Local Waterfront Revitalization policies and standards and therefore consistent with the LWRP. I do have a memorandum here also from our Planning coordinator that this proposed action has been reviewed to New York State Department of Environmental Conservation for SEQRA and is as proposed a type II action and therefore not subject to SEQRA review. I have a memorandum here from Donald Wilcenski, the chairman of the Planning Board that says, `Thank you for the opportunity to provide comments on the above referenced local law. The Planning Board Southold Town Board Regular Meeting December 1, 2015 page 32 supports the adoption of this legislation.' I do have a letter that was received today from the Group for the East End and I will read this into the record. 'On behalf of the Group for the East End, I would like to lend our strong support for the proposed amendments to town code chapter 274, Wetlands and Shoreline and chapter 280, Zoning. The proposed changes provide a uniform standard for wetland setbacks within town code while adding a more protective setback standard for certain structures in sensitive ecological areas such as those adjacent to all water bodies and wetlands within and around Town of Southold. Hurricane Sandy illustrated the stark need to actively protect our shoreline. Providing enhanced setbacks for structures is a consistent recommendation in all major coastal planning strategies given the impacts we face related to sea level rise and the potential increase in storm frequency and severity. Greater setbacks also play a role in improving and protecting water quality. For these reasons, we recommend that the Town Board pass the proposed law. Thank you for taking the time to review my comments and recommendations. Sincerely, Jenn Hartnagel, Senior Environmental Advocate.' Then I do have an email that was received this evening, from Richard Strauss and I will read it into the record. 'Good afternoon, I was forwarded the notice of the public hearing being held tonight about the proposed text change to the section dealing with setbacks from the top of a bank or a bluff. The current setback requirement of 100 feet from the bank or bluff is for lots abutting Block Island Sound, Fishers Island Sound and Long Island Sound. Lots on these large open bodies of water are much more likely to experience sever erosion during storm events (proved during storm Sandy) than lots on the inner bays and harbors. I would guess that is why the original author of the zoning regulations limited the increased setbacks to Sounds and not all tidal areas. I am not familiar with bays and harbors on Long Island but feel lots on West Harbor and the inner bays of Fishers Island do not need this additional protection. Because of their size (lot layout done in 1913) any remaining lots on Peninsula or West harbor would become unbuildable if the setback is changed. My other concern is with the definition of bluff or bank. Certainly there is no room for discussion if the bank or bluff is 10, 20 or 30 feet high but can a bank or bluff be 2 feet high or 3 feet high? Without a height in the definition, it makes giving advice on lots very difficult. I am sorry for this late email but I only received the notice of the hearing yesterday.' This is from Richard Strauss, vice president of Natural Resource Management in Woodstock, CT. And I believe that's all I have. Supervisor Scott A. Russell SUPERVISOR RUSSELL: I would invite anybody that would like to comment on this particular local law to please feel free at this time. Leslie Weisman, Chairman ZBA LESLIE WEISMAN: Good evening, Leslie Weisman from Southold. I am the chairperson of the Zoning Board of Appeals and I simply wanted to say that on behalf of all of the members of the Board of Appeals who participated in conversations about these code changes, we unanimously support the proposed changes and would urge the Town Board to adopt these changes. We believe that it is in the best interest of property owners and of both the Board of Trustees and the Board of Appeals to avoid having a duplicate review that creates potential conflicts and that this will improve the code. Thank you. Supervisor Russell Southold Town Board Regular Meeting December 1, 2015 page 33 SUPERVISOR RUSSELL: Thank you, Leslie. Would anyone else like to address the Town Board on this particular local law? Councilwoman Jill M. Doherty COUNCILWOMAN DOHERTY: I just wanted to clarify with Mr. Strauss' comments. As far as the Trustees chapter 275, the question with number 4 swimming pool and related structures going from 50 feet to 100 feet, the history of that, it was always 100 feet but the Trustees can, anything within 100 feet they can regulate and so it's going back to 100 feet but it doesn't mean that it has to be 100 feet back because there's a lot of houses that don't have the 100 feet. Even though they are not 100 feet, they could still apply for it. Doesn't mean they can't apply for it, just wanted to clarify the way the Trustees work there. JUSTICE EVANS: So you are saying a lot doesn't become unbuildable? COUNCILWOMAN DOHERTY: Correct. Correct. It had been a policy for so long, they decided to codify it but in this change of code, the majority wanted to put it back to 100 feet, so a lot of times there isn't 100 feet between a house and the top of a bluff but they can still apply for that. SUPERVISOR RUSSELL: The essence is the Trustees have the authority to waive that section of the code. COUNCILWOMAN DOHERTY: Yes. Supervisor Russell SUPERVISOR RUSSELL: Based on particular circumstances. Because not every size is created equal on every lot. Anybody else like to comment on this particular local law? (No response) Closing Comments Supervisor Russell SUPERVISOR RUSSELL: That is the business of the agenda. I would invite anybody that would like to comment on any issue to please feel free. Anybody? Please. Don Wagner, Southold DONALD WAGNER: My name is Donald Wagner. I have lived in Southold, I have been a property owner for at least 15 years, probably a couple more. I have a subject here tonight which I am not sure everyone is aware of and that is the Southold schools. On the mainland there is five school districts and I think they are all responsible for some very conniving intervention here with our budgets. As you may be aware, our State Senator, our State Comptroller, Mr. DiNapoli has been auditing several of the school districts in Nassau and Suffolk. In particular, here in Southold he did Mattituck-Cutchogue. I am here in Southold, so I did a little study on Southold School district and as you can see from the sheet you have in front of you, in 2004- 2005 school year, the budget was only $18 million. This school year we are in right now its $29 million. That's a million dollar increase each year which is excessive and the (inaudible) of the Southold Town Board Regular Meeting December 1, 2015 page 34 increase is while they are improving a little bit the last couple of years on the increase but it's still not good, and the other very interesting item is that the students here have gone from over 1,000 down to 800. Or a 20 percent loss in students just in the Southold School district. This has got to have an effect not just on the school district but the town, the town real estate so I don't think I am out of line in asking you folks to get a little involved in this if you can. And when I divide the number of students into the budget, I come up with in 2004-5 it was $18,000 per student. This year it is costing us $36,000 per student. How much would it cost to go to Suffolk Community College or Stony Brook University? It makes these figures very bad and the last column is the cost of living increase. I am obviously a retired senior citizen and you can see our increases there, one year it did hit over 5% but also in 2010-11 and 2011-12, we got zero increase. This is on the national level and during that time, the budget went up 2.24, 2.25 percent and this year, starting next month, we senior citizens are getting zero increases again on social security and while the budget has improved, it has gone up 1.16 percent. I call your attention to this because I feel that the original request and even recently I saw something in the paper, the smaller school districts are not economical from a financial point of view and the proof of that is, I did figures here a couple of years ago, and where a couple of years ago when our budget here was about $32,000 per student, Riverhead who has a total of 3,000 students, they were only about $23,000 per student. And we here are, the idea is, nobody wants to consolidate. And it would be a lot more economical and I really think the kids or the students would get an even better education. Not that they are getting a bad education here. I think they are getting a darn good education here but it's too expensive and when you get your tax bill in two weeks, you will see once again, the taxes go up. It's the biggest part. I don't want to see you folks on the Town Board get hollered at, oh, our darn town taxes are going up again and it's not the town taxes, it's the school taxes because that's 70 percent of your tax bill. And so I urge you to be aware of this and if you have any contact with any of the five school boards, hoot and holler at them as much as you can because that's the only way we are going to get some action. Thank you. SUPERVISOR RUSSELL: Thank you. Councilman Ghosio COUNCILMAN GHOSIO: What's interesting in the chart that you have given us, you know, I am assuming that these numbers are true, you are showing a 57 percent increase over 10 years. And if we were ever to do that as a Town Board, I don't think any of us would be here any longer. MR. WAGNER: Yes, you would get thrown out. COUNCILMAN GHOSIO: So I am kind of taken aback by that. I didn't realize it was as bad as it was. MR. WAGNER: That's why I wanted to bring it to your attention. Thank you. Supervisor Russell SUPERVISOR RUSSELL: You know to be honest, we will probably get yelled at anyway. When tax bills go out, there is going to be some misunderstanding. Southold's tax rate is Southold Town Board Regular Meeting December 1, 2015 page 35 actually broken out among several lines. They are going to see one line that says it looks like taxes are going up 5.87 percent I think but they are going to see a lower line where the taxes go down. When you take the median on all of that, the net increase at the town level is 40 cents per 1,000 of assessment but you know, people look at those percentages and there will be some misunderstanding, we will have some explaining to do over the next several weeks. I worked in that Assessor's office for 15 years, spent most of my time explaining the tax bill. Would anyone else like to comment on any issue? (No response) Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 8:13P.M. * * * * * Ciegali 0.num& EY gi eth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell