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HomeMy WebLinkAboutAG-01/17/2017 ELIZABETH A. NEVILLE Town Hall, 53095 Main Road TOWN CLERK PO Box 1179 Southold, NY 11971 REGISTRAR OF VITAL STATISTICS Fax (631) 765-6145 MARRIAGE OFFICER Telephone: (631) 765 - 1800 RECORDS MANAGEMENT OFFICER www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER AGENDA SOUTHOLD TOWN BOARD January 17, 2017 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 Click on “Town Board On- Line”; Click Box “Yes” to be redirected to IQM2 and you will then be redirected to the Town 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 directed to another site click on “Yes” 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 January 17, 2017 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee NamePresentAbsentLateArrived Councilman James Dinizio Jr  Councilman William P. Ruland  Councilwoman Jill Doherty  Councilman Robert Ghosio  Justice Louisa P. Evans  Supervisor Scott A. Russell  Southold Town Meeting Agenda - January 17, 2017 Page 2 I. REPORTS 1. Program for the Disabled Monthly Report December 2016 2. Program for the Disabled Report January through April 2017 3. Judge Monthly Report December 2016 4. Judge Price Monthly Report December 2016 5. Town Clerk Reports December 2016 4th Quarter 2nd Half Year End 6. Trustees Monthly Report December 2016 7. Recreation Department Monthly Report December 2016 8. Zoning Board of Appeals Monthly Report December 2016 9. Dept of Solid Waste Monthly Report November 2016 II. PUBLIC NOTICES 1. NYS Liquor License Renewal - Fishers Island Yacht Club III. COMMUNICATIONS IV. DISCUSSION 1. 9:00 AM Lloyd Reisenberg with Denis Noncarrow re: Southold Town Website Presentation 2. 9:30 AM East Hampton Councilman Fred Overton, Chair of the EH Fisheries Committee Brad Loewen and Emerson Hasbrouck of Cornell Cooperative Extension Southold Town Meeting Agenda - January 17, 2017 Page 3 re: Grant for Socio-economic Study of the Fishing Industry on the East End 3. 9:45 AM Jim Bunchuck re: Compost Pricing 4. Councilman Ruland re: Update on Transportation Commission and Ethics Board Interviews 5. Councilman Ghosio re: Update on P/T Environmental Analyst/Wildlife Manager Interviews 6. Town Attorney re: Tour de Cure Special Event 7. Executive Session - Labor Matters Involving Employment of Particular Person(s) 8. Executive Session - Litigation Jurzenia Notice of Claim V. MINUTES APPROVAL 1. RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Tuesday, July 26, 2016 2. RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Tuesday, August 09, 2016 3. RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Tuesday, August 23, 2016 4. RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Tuesday, September 06, 2016 5. RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Tuesday, September 20, 2016 VI. RESOLUTIONS 2017-97 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit Southold Town Meeting Agenda - January 17, 2017 Page 4 RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby January 17, 2017. Vote Record - Resolution RES-2017-97  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated James Dinizio Jr Tabled Withdrawn William P. Ruland  Supervisor's Appt  Jill Doherty  Tax Receiver's Appt  Robert Ghosio Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell  No Action Lost 2017-98 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, January 31, 2017 at the Southold Town Hall, Southold, New York at 4:30 P. M.. Vote Record - Resolution RES-2017-98  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  James Dinizio Jr  Tabled  Withdrawn William P. Ruland  Supervisor's Appt Jill Doherty Tax Receiver's Appt Robert Ghosio  Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell No Action  Lost  2017-99 CATEGORY: Budget Modification DEPARTMENT: Accounting Southold Town Meeting Agenda - January 17, 2017 Page 5 Create Capital Budget for Highway Management Vehicle Financial Impact: Create capital budget for DPW Truck and Plow WHEREAS the Town Board of the Town of Southold adopted a 2017 Capital Budget which includes an appropriation for the Department of Public Works for a 2017 Dodge 2500 Truck & Plow, and WHEREAS the Town’s Capital Budget process requires a resolution to formally establish Capital Budget items in the Capital Fund, now therefore be it RESOLVED authorizes the that the Town Board of the Town of Southold hereby establishment of the following Capital Project in the 2017 Capital Fund : Capital Project Name:DPW Truck & Plow Financing Method: Transfer from the General Fund Whole Town Budget: Revenues: H.5031.85 Interfund Transfers $33,500 Appropriations: H.1620.2.200.200 DPW Truck & Plow $33,500 Vote Record - Resolution RES-2017-99  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  James Dinizio Jr Tabled Withdrawn William P. Ruland  Supervisor's Appt Jill Doherty  Tax Receiver's Appt  Robert Ghosio Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell  No Action  Lost 2017-100 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Engineering Change Order #6 W/Construction Consultants/LI, Inc. - Highway Maintenance Building RESOLVED that the Town Board of the Town of Southold hereby approves Change Order #6 to the Town of Southold Highway Maintenance Building Project Contract with Construction Southold Town Meeting Agenda - January 17, 2017 Page 6 Consultants/LI, Inc. in the net amount of $1,386.00, pursuant to their Proposed Change Order dated December 30, 2016, subject to the approval of the Town Engineer and Town Attorney. Vote Record - Resolution RES-2017-100  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated James Dinizio Jr Tabled Withdrawn William P. Ruland  Supervisor's Appt  Jill Doherty  Tax Receiver's Appt  Robert Ghosio Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell  No Action Lost 2017-101 CATEGORY: Budget Modification DEPARTMENT: Police Dept Police Department-Budget Modification Financial Impact: Reallocation of budgetary funds to cover PSD Holiday earnings for the 2016 budget RESOLVED modifies the 2016 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: From: Total A.1990.4.100.200 Police Retirement Reserves $1,035 $1,035 To: A.3020.1.100.500 Pub. Safety Comm/Holiday Earnings $1,035 Total $1,035 Vote Record - Resolution RES-2017-101  Adopted  Yes/AyeNo/NayAbstainAbsent Adopted as Amended  James Dinizio Jr  Defeated  William P. Ruland  Tabled  WithdrawnJill Doherty Supervisor's Appt Robert Ghosio  Tax Receiver's Appt  Louisa P. Evans  Rescinded  Scott A. Russell Town Clerk's Appt  Southold Town Meeting Agenda - January 17, 2017 Page 7 Supt Hgwys Appt  No Action  Lost 2017-102 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Land Preservation Engage George R. Rehn CPA for 2016 CPF Audit WHEREAS on February 10, 2015, the Town Board adopted Resolution No. 2015-178, accepting the bid of George R. Rehn, Certified Public Accountant, East Setauket, New York for the preparation of an annual audit of the Community Preservation Funds for the year 2014 with an option for renewal under the same terms and conditions for two additional one-year periods in the amount of $5,000 for the year 2015 and $5,000 for the year 2016, and WHEREAS both parties have agreed to renew the engagement for an annual audit of the Community Preservation Funds for the year 2016 in accordance with the bid proposal, now therefore, be it further RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an engagement letter with George R. Rehn, Certified Public Accountant, regarding the preparation of an annual audit of the Peconic Bay Community Preservation Fund for the year ended December 31, 2016 in an amount not to exceed $5,000 , as a legal charge to budget line CM.1320.4.500.300, all in accordance with the bid proposal and subject to the approval of the Town Attorney. Vote Record - Resolution RES-2017-102  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  James Dinizio Jr  Tabled  Withdrawn  William P. Ruland  Supervisor's Appt  Jill Doherty Tax Receiver's Appt Robert Ghosio  Rescinded Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell No Action  Lost  Southold Town Meeting Agenda - January 17, 2017 Page 8 2017-103 CATEGORY: Authorize to Bid DEPARTMENT: Information Technology RPF for Computer Firewall Upgrades RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk’s office to advertise for bids for Firewall Upgrades to all Town locations including but not limited to hardware, software, etc. as needed. Vote Record - Resolution RES-2017-103  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  James Dinizio Jr Tabled Withdrawn William P. Ruland  Supervisor's Appt  Jill Doherty  Tax Receiver's Appt  Robert Ghosio Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell  No Action  Lost 2017-104 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Accept Resignation of Jeffrey Nossek RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted January 9, 2017 that accepts the resignation effective December 31, 2016 of Jeffrey Nossek, part time Purser (FIFD) and full time Account Clerk Typist, for the Fishers Island Ferry District. Vote Record - Resolution RES-2017-104  Adopted  Yes/AyeNo/NayAbstainAbsent Adopted as Amended  James Dinizio Jr  Defeated  Tabled  William P. Ruland  Withdrawn  Jill Doherty Supervisor's Appt Robert Ghosio  Tax Receiver's Appt Louisa P. Evans Rescinded Town Clerk's Appt  Scott A. Russell Supt Hgwys Appt  No Action  Southold Town Meeting Agenda - January 17, 2017 Page 9 Lost  2017-105 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Accept Resignation of Megan Morgan RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted January 9, 2017 that accepts the resignation effective December 31, 2016 of Megan Morgan, part time Cashier (FIFD), for the Fishers Island Ferry District. Vote Record - Resolution RES-2017-105  Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated James Dinizio Jr  Tabled  Withdrawn  William P. Ruland Supervisor's Appt  Jill Doherty  Tax Receiver's Appt  Robert Ghosio  Rescinded  Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell  No Action Lost  2017-106 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Accept Resignation of Heather Stone RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted January 9, 2017 that accepts the resignation effective February 28, 2017 of Heather Stone, part time Ferry Captain (FIFD) and part time Deckhand (FIFD), for the Fishers Island Ferry District. Vote Record - Resolution RES-2017-106  Adopted  Yes/AyeNo/NayAbstainAbsent Adopted as Amended  James Dinizio Jr  Defeated  William P. Ruland  Tabled Southold Town Meeting Agenda - January 17, 2017 Page 10 Withdrawn  Jill Doherty  Supervisor's Appt  Robert Ghosio Tax Receiver's Appt Louisa P. Evans  Rescinded Town Clerk's Appt Scott A. Russell  Supt Hgwys Appt  No Action  Lost  2017-107 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk American Diabetes Bike Ride 2017 Financial Impact: Police Department cost for Event = $.00 RESOLVED the Town Board of the Town of Southold hereby grants permission to the American Diabetes Association to use the following roads for their Annual Bike Ride event, Tour de Cure on Saturday, May 13, 2017, from 6:00 a.m. to 6:00 p.m.: Peconic Bay Blvd, Bay th Ave, Route 25, New Suffolk Ave, 5 Street, New Suffolk Road, Route 25, Moore’s Lane, CR 48, Main Road, Tabor Rd, Orchard St, Village Lane, King Street, Narrow River Road, Main Road, CR 48, Rt. 25, Sound Rd, Sutton Pl, Tasker Lane, Sound Drive, Westwood Lane, Homestead Way, Moore’s Lane N, CR 48, Soundview Ave, Mill Rd, CR 48, Bridge Lane, Oregon Road, Mill Lane, CR 48 throughout Southold Town, providing they comply with all the regulations included in the Town’s Policy for Special Events on Town Properties and Roads and the Special Events Law in the Southold Town Code. The town stresses that the total number of riders must be limited to 600 or less. Non-police personnel are not permitted in the roadway to perform any type of traffic control for this event. All fees for this event have been waived, with the exception of the Clean-up deposit, subject to the approval from the Police Chief. Vote Record - Resolution RES-2017-107  Yes/AyeNo/NayAbstainAbsent Adopted  Adopted as Amended  James Dinizio Jr  Defeated  William P. Ruland  Tabled Jill Doherty Withdrawn Supervisor's Appt Robert Ghosio  Tax Receiver's Appt  Louisa P. Evans  Rescinded  Scott A. Russell  Town Clerk's Appt  Supt Hgwys Appt  Southold Town Meeting Agenda - January 17, 2017 Page 11 No Action  Lost  2017-108 CATEGORY: Budget Modification DEPARTMENT: Trustees Budget Modification Financial Impact: To cover over expenditures for new shellfishing signs RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2017 budget as follows: From: A.8090.4.400.500 Contracted Services/Mooring Survey $1,495.00 Total $1,495.00 To: A.8090.4.100.650 Contractual Expenses/Shellfish Advisory $1,495.00 Total $1,495.00 Vote Record - Resolution RES-2017-108  Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated James Dinizio Jr  Tabled  Withdrawn  William P. Ruland Supervisor's Appt  Jill Doherty  Tax Receiver's Appt  Robert Ghosio  Rescinded  Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell  No Action Lost  2017-109 CATEGORY: Property Usage DEPARTMENT: Fishers Island Ferry District FIFD - Grasslands Management Plan Southold Town Meeting Agenda - January 17, 2017 Page 12 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 January 9, 2017 in regard to the 2017 Grasslands Management Plan. Vote Record - Resolution RES-2017-109  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  James Dinizio Jr  Tabled  Withdrawn William P. Ruland  Supervisor's Appt Jill Doherty Tax Receiver's Appt  Robert Ghosio  Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell No Action  Lost 2017-110 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Fishers Island Ferry District FIFD - Fairhaven Amendment 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 January 9, 2017 in regard to amending the Fairhaven proposal. Vote Record - Resolution RES-2017-110  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated James Dinizio Jr Tabled Withdrawn William P. Ruland  Supervisor's Appt  Jill Doherty  Tax Receiver's Appt  Robert Ghosio Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell  No Action Lost Southold Town Meeting Agenda - January 17, 2017 Page 13 2017-111 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Fishers Island Ferry District FIFD - Cross Sound Ferry 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 January 9, 2017 in regard to Cross Sound Ferry Services. Vote Record - Resolution RES-2017-111  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  James Dinizio Jr Tabled Withdrawn William P. Ruland  Supervisor's Appt  Jill Doherty  Tax Receiver's Appt  Robert Ghosio Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell  No Action  Lost 2017-112 CATEGORY: Budget Modification DEPARTMENT: Accounting Establish Capital Project Financial Impact: None WHEREAS the Town Board of the Town of Southold adopted a 2017 Capital Budget which includes a $10,862.00 appropriation for the procurement and installation of swings at the Town Beach and Gull Pond, and WHEREAS the Town’s Capital Budget process requires a resolution to formally establish Capital Budget items in the Capital Fund, now therefore be it RESOLVED authorizes the that the Town Board of the Town of Southold hereby establishment of the following Capital Project in the 2017 Capital Fund : Capital Project Name:Town Beach & Gull Pond Swings Financing Method: Transfer from the General Fund Whole Town Southold Town Meeting Agenda - January 17, 2017 Page 14 Budget: Revenues: H.5031.52 Interfund Transfers $10,862 Appropriations: H.1620.2.500.250 Town Beach & Gull Pond Swings $10,862 Vote Record - Resolution RES-2017-112  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated James Dinizio Jr Tabled Withdrawn  William P. Ruland  Supervisor's Appt  Jill Doherty  Tax Receiver's Appt  Robert Ghosio Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell  No Action Lost 2017-113 CATEGORY: Budget Modification DEPARTMENT: Accounting Establish Capital Project Financial Impact: None WHEREAS the Town Board of the Town of Southold adopted a 2017 Capital Budget which includes a $6,000 appropriation for the procurement of park benches at Silversmiths Corner, and WHEREAS the Town’s Capital Budget process requires a resolution to formally establish Capital Budget items in the Capital Fund, now therefore be it RESOLVED authorizes the that the Town Board of the Town of Southold hereby establishment of the following Capital Project in the 2017 Capital Fund : Capital Project Name:Silversmiths Corner Park Benches Financing Method: Transfer from the General Fund Whole Town Budget: Revenues: H.5031.53 Interfund Transfers $6,000 Southold Town Meeting Agenda - January 17, 2017 Page 15 Appropriations: H.1620.2.500.300 Silversmiths Corner Park Benches $6,000 Vote Record - Resolution RES-2017-113  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated James Dinizio Jr Tabled Withdrawn William P. Ruland  Supervisor's Appt  Jill Doherty  Tax Receiver's Appt  Robert Ghosio Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell  No Action Lost 2017-114 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification to Appropriate HRC Donations Financial Impact: Appropriate donation from Mattituck Lions Club ($1500), Minor & Co Studio ($250) and Rita Gledich ($100) all earmarked for HRC RESOLVED increases the 2017 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: Revenues: A.2705.40 Gifts & Donations, Other Donations $1,850 To: A.6772.4.100.110 Program Supplies/Materials $ 350 A.6772.4.600.200 Senior Trips & Excursions 1,500 Total $1,850 Vote Record - Resolution RES-2017-114  Adopted  Yes/AyeNo/NayAbstainAbsent Adopted as Amended  James Dinizio Jr  Defeated  William P. Ruland Tabled Withdrawn Jill Doherty  Supervisor's Appt Robert Ghosio  Tax Receiver's Appt  Louisa P. Evans Rescinded  Southold Town Meeting Agenda - January 17, 2017 Page 16 Town Clerk's Appt  Scott A. Russell  Supt Hgwys Appt  No Action Lost 2017-115 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney 2017 Agreement W/Wayne Galante - Court Reporter for Trustees RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Agreement between the Town of Southold and Wayne I. Galante, Certified Court Reporter, or his agent, in connection with Court Reporting Services for the Board of Trustees, for the period from January 1, 2017 through December 31, 2017, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2017-115  Adopted  Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated James Dinizio Jr Tabled Withdrawn  William P. Ruland  Supervisor's Appt  Jill Doherty  Tax Receiver's Appt  Robert Ghosio Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt Scott A. Russell  No Action Lost 2017-116 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Traffic Light Maintenance 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 Johnson Electrical Construction Corp. in connection with traffic light repairs and maintenance along County Route 48, at a cost of $725.00 per month plus an additional $450.00 Bi-annual Southold Town Meeting Agenda - January 17, 2017 Page 17 inspection fee, for a one year term, effective January 1, 2017, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2017-116  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated James Dinizio Jr Tabled Withdrawn William P. Ruland  Supervisor's Appt  Jill Doherty  Tax Receiver's Appt  Robert Ghosio Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell  No Action Lost 2017-117 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Maintenance Agreement Between Town of Southold and Forerunner Technologies, Inc. RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Maintenance Agreement between the Town of Southold and Forerunner Technologies, Inc. regarding the Annex phone system, commencing on January 1, 2017 through December 31, 2017, at a contract amount of $900.00, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2017-117  Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated James Dinizio Jr  Tabled  Withdrawn  William P. Ruland Supervisor's Appt  Jill Doherty  Tax Receiver's Appt  Robert Ghosio  Rescinded  Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell  No Action Lost  Southold Town Meeting Agenda - January 17, 2017 Page 18 2017-118 CATEGORY: Surplus Equipment DEPARTMENT: Public Works 1994 75KW Generator RESOLVED that the Town Board of the Town of Southold hereby declares a 1994 75 KW Generator to be surplus equipment, be it further RESOLVED that the Town Board authorizes and directs the Town Clerk’s office to advertise for the sale of same with a minimum bid of $500.00. Vote Record - Resolution RES-2017-118  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  James Dinizio Jr Tabled Withdrawn William P. Ruland  Supervisor's Appt  Jill Doherty  Tax Receiver's Appt  Robert Ghosio Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell  No Action Lost 2017-119 CATEGORY: Budget Modification DEPARTMENT: Highway Department 2016 Budget Modification - Highway Financial Impact: to cover over expeditures RESOLVED that the Town Board of the Town of Southold hereby modifies the 2016 Highway Fund Part Town budget as follows: From: DB.5140.4.400.100 Clean-up Debris 850.00 TOTAL: 850.00 To: DB.5130.4.400.650 Maintenance & Repairs 600.00 DB.5110.4.100.100 Misc. Supplies 250.00 TOTAL: 850.00 Southold Town Meeting Agenda - January 17, 2017 Page 19 Vote Record - Resolution RES-2017-119  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated James Dinizio Jr Tabled Withdrawn William P. Ruland  Supervisor's Appt  Jill Doherty  Tax Receiver's Appt  Robert Ghosio Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell  No Action Lost 2017-120 CATEGORY: Legal DEPARTMENT: Town Attorney Appoint ATA Counsel to Board of Ethics RESOLVED that the Town Board of the Town of Southold hereby appoints Assistant Town Attorney Damon A. Hagan as counsel to the Southold Town Board of Ethics. Vote Record - Resolution RES-2017-120  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  James Dinizio Jr  Tabled  Withdrawn  William P. Ruland  Supervisor's Appt Jill Doherty Tax Receiver's Appt Robert Ghosio  Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell No Action  Lost  2017-121 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Intermunicipal Agreement with Village of Greenport Southold Town Meeting Agenda - January 17, 2017 Page 20 RESOLVED that the Town Board of the Town of Southold authorizes the Town Supervisor to execute intermunicipal agreements with the Village of Greenport for the supply of trained lifeguards for the 2016 and 2017 seasons. Vote Record - Resolution RES-2017-121  Adopted Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  James Dinizio Jr  Tabled  Withdrawn  William P. Ruland  Supervisor's Appt  Jill Doherty Tax Receiver's Appt Robert Ghosio  Rescinded Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell No Action  Lost  2017-122 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint Valerie DeFio Senior Account Clerk Typist RESOLVEDappoints Valerie DeFio to that the Town Board of the Town of Southold hereby the position of full time Senior Account Clerk Typist for the Solid Waste District, effective January 19, 2017 at a rate of $ 61,468.56 per year. Vote Record - Resolution RES-2017-122  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  James Dinizio Jr  Tabled  Withdrawn William P. Ruland  Supervisor's Appt Jill Doherty Tax Receiver's Appt Robert Ghosio  Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell No Action  Lost  2017-123 Southold Town Meeting Agenda - January 17, 2017 Page 21 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Appointment to Transportation Commission RESOLVED that the Town Board of the Town of Southold hereby appoints James Kalin to the Transportation Commission, term to expire March 31, 2019. Vote Record - Resolution RES-2017-123  Adopted Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  James Dinizio Jr  Tabled  Withdrawn  William P. Ruland Supervisor's Appt  Jill Doherty  Tax Receiver's Appt Robert Ghosio  Rescinded Town Clerk's Appt Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell No Action  Lost  2017-124 CATEGORY: Landfill Misc. DEPARTMENT: Solid Waste Management District Compost Price Reduction RESOLVED that the Town Board of the Town of Southold hereby reduces the price by volume for screened compost sold by the Cutchogue Compost Facility to $5/cubic yard effective immediately and for a period of time not to exceed March 15, 2017. Vote Record - Resolution RES-2017-124  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  James Dinizio Jr  Tabled  Withdrawn  William P. Ruland  Supervisor's Appt Jill Doherty Tax Receiver's Appt Robert Ghosio  Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell No Action  Lost  Southold Town Meeting Agenda - January 17, 2017 Page 22 2017-125 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney PH 2/14/17 7:31 Pm LL Chapters 275 & 280 WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk th “A Local Law in County, New York, on the 17 day of January, 2017, a Local Law entitled relation to Amendments to Chapter 275 Wetlands and Shorelines and Chapter 280 Zoning”. 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 th 14day of February, 2017 at 7:31 p.m. at which time all interested persons will be given an opportunity to be heard. “A Local Law in relation to Amendments to Chapter 275 The proposed Local Law entitled, Wetlands and Shorelines and Chapter 280 Zoning” reads as follows: LOCAL LAW NO. 2017 “A Local Law in relation to Amendments to Chapter 275 Wetlands A Local Law entitled, and Shorelines and Chapter 280 Zoning” . BE IT ENACTED by the Town Board of the Town of Southold as follows: Chapter 275 Wetlands and Shorelines Article I: Definitions; word usage. § 275-2. Definitions; word usage. A. Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster’s Third International Dictionary of the English Language, unabridged (or latest edition). \[Amended 10-11-2005 by L.L. No. 17-2005; 12-18-2007 by L.L. No. 23-2007; 10-9-2012 by L.L. No. 12-2012\] BANK - Land incline alongside a body of water. BLUFF - Land presenting Any bank or cliff with a precipitous or steeply sloped face along adjoining a beach or a body of water. For the purposes of this chapter, a precipitous or steeply sloped face shall be a face with a slope of 20% or greater with a height of greater than 10 feet from the toe of the bluff. Southold Town Meeting Agenda - January 17, 2017 Page 23 LIMITS OF BLUFF - The waterward limit of a bluff is the landward limit of its waterward natural protective feature. Where no beach is present, the waterward limit of a bluff is mean low water. The landward limit is 25 feet landward of the receding edge or, in those cases where there is no discernible line of active erosion, 25 feet landward of the point of inflection on the top of the bluff. The point of inflection is that point along the top of the bluff where the trend of the land slope changes to begin its descent to the shoreline. Chapter 280. Zoning Article XXII. Supplementary Regulations § 280-116. Building setback requirements adjacent to water bodies and wetlands. \[Added 3-14-1989 by L.L. No. 3-1989; amended 11-24-1992 by L.L. No. 20-1992; 6-15-1993 by L.L. No. 8-1993; 12-15-2015 by L.L. No. 9-2015\] 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: 275 A. Lots adjacent to a bluff as defined in Chapter of the Southold Town Code along the following bodies of water; Long Island Sound, Fishers Island Sound, Gardners Bay, Block Island Sound and Peconic Bay. (1) All buildings or structures located on lots upon which there exists a bluff landward of the shore or beach shall be set back not fewer than 100 feet from the op of such bluff. A(1) (2) Except as otherwise provided in Subsection hereof, all buildings or structures located on lots adjacent to sounds shall be set back not less than 100 feet from the ordinary high-water mark of said sound. (23) Buildings or structures which are proposed landward of existing principal A(1) dwellings shall be exempt from the requirements set forth in Subsection hereof. B. All buildings or structures located on lots upon which a bulkhead, concrete wall, riprap or similar structure exists and which are adjacent to tidal water bodies other than sounds shall be set 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 275 of Town Trustees under Chapter , Wetlands and Shoreline, of the Code of the Town of Southold. Southold Town Meeting Agenda - January 17, 2017 Page 24 (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 edge of the freshwater wetland, whichever is greater. The following exception will apply: (1) Lands which are not bulkheaded and are subject to a determination by the Board 275, of Town Trustees under Chapter Wetlands and Shoreline, of the Code of the Town of Southold. 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-2017-125  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  James Dinizio Jr  Tabled  Withdrawn  William P. Ruland  Supervisor's Appt Jill Doherty Tax Receiver's Appt Robert Ghosio  Rescinded Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell No Action  Lost  2017-126 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL - Chapter 100 - Dumpsters RESOLVED thatthere has been presented to the Town Board of the Town of Southold, Suffolk th “A Local Law in County, New York, on the 20 day of December, 2016, a Local Law entitled relation to Amendments to Chapter 100, Buildings, Unsafe; Property Maintenance, in Southold Town Meeting Agenda - January 17, 2017 Page 25 connection with Dumpsters.” 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 “A Local Law in relation to Amendments to Chapter 100 Buildings, Unsafe; Law entitled, Property Maintenance, in connection with Dumpsters” reads as follows: LOCAL LAW NO. 2017 “A Local Law in relation to Amendments to Chapter 100, Buildings, A Local Law entitled, Unsafe; Property Maintenance, in connection with Dumpsters” . BE IT ENACTED by the Town Board of the Town of Southold as follows: § 100-3. Definitions. DUMPSTER - A litter storage and collection container of one cubic yard or greater in capacity, which is mechanically emptied or removed. § 100-4 Standards. A. Property maintenance. (1) Surface and subsurface water shall be adequately drained to protect buildings and structures, to prevent damage to adjacent property and to prevent the development of stagnant ponds. Swimming pools, spas, hot tubs and other similar structures erected for recreational use shall be maintained so as to avoid the stagnation of the water therein. (2) Landscaping shall be adequately maintained so that lawns, hedges, bushes, weeds and trees do not become overgrown and unsightly so as to constitute an unsafe condition or blight. At no time shall landscaping, hedges, bushes, weeds or trees create an impediment to emergency and/or fire rescue vehicle access. (3) Garbage, crates, rubbish, refuse or debris shall be kept inside a building or buildings on the premises, or in an acceptable enclosed container, and shall be regularly collected and removed from the premises. (4) Open wells, cesspools or cisterns shall be securely closed or barricaded to prevent access by the public. (5) Junked or unregistered vehicles may not be located or stored in open view but shall be stored in a suitable location inside a building or behind a fence outside of public view. (6) Exterior facades shall at all times be kept free of graffiti or other defacement. B. Dumpsters (1) No dumpster shall be permitted in the front yard or side yard of a property used Southold Town Meeting Agenda - January 17, 2017 Page 26 for a residential use for more than thirty (30) days, unless the property benefits from an open and valid building permit. If the property benefits from an open and valid building permit, said dumpster may remain in the front yard or side yard until either the building permit expires, or a certificate of occupancy and/or compliance is issued for the work described in the permit, whichever occurs first. Thereafter, the dumpster must be removed. (2) Dumpsters shall be permitted in the rear yard of properties engaged in a residential use, provided they meet the following criteria: a) The dumpsters shall comply with all setbacks for accessory structures for the zoning district in which the property is located. b) All dumpsters shall be fully enclosed by a stockade fence, or other similar enclosure of not more than six feet in height. c) A dumpster in a residential district shall have a cover which shall cover the dumpster when it is not in active use. (3) Dumpsters shall be promptly removed or emptied when they are full. (4) It shall be unlawful for any person to store, deposit, place, maintain or cause or permit to be stored, deposited, placed or maintained any dumpster upon any portion of any street, lane, sidewalk, roadway or highway located within the corporate limits of the Town. (5) Exceptions. a) Properties used for bonafide agricultural production shall not be subject to this provision. b) Condominium complexes, apartment complexes and other residential uses subject to site plan approval shall not be subject to the provisions of this section. 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-2017-126  Adopted  Yes/AyeNo/NayAbstainAbsent Adopted as Amended Defeated James Dinizio Jr  Tabled  William P. Ruland Withdrawn  Jill Doherty  Supervisor's Appt  Tax Receiver's Appt  Robert Ghosio  Rescinded  Louisa P. Evans Town Clerk's Appt  Scott A. Russell  Supt Hgwys Appt No Action Lost  Southold Town Meeting Agenda - January 17, 2017 Page 27 2017-127 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL - Chapter 280 Demolition RESOLVED that there has been presented to the Town Board of the Town of Southold, Suffolk “A Local Law in County, New York, on the 20th day of December, 2016, a Local Law entitled relation to Amendments to Chapter 280, Zoning, in connection with Demolition” 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 “A Local Law in relation to Amendments to Chapter 280, Zoning, in Law entitled, connection with Demolition” reads as follows: LOCAL LAW NO. 2017 “A Local Law in relation to Amendments to Chapter 280, Zoning, in A Local Law entitled, connection with Demolition” . BE IT ENACTED by the Town Board of the Town of Southold as follows: § 280-4 Definitions. DEMOLITION -Any removal of a structure or portion thereof, where the total cost of the reconstruction of the structure or portion thereof, that exceeds 75 50% of the total square footage market value of the existing structure before the start of removal. 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. Southold Town Meeting Agenda - January 17, 2017 Page 28 Vote Record - Resolution RES-2017-127  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated James Dinizio Jr Tabled Withdrawn William P. Ruland  Supervisor's Appt  Jill Doherty  Tax Receiver's Appt  Robert Ghosio Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell  No Action Lost 2017-128 CATEGORY: Property Acquisition Purchase DEPARTMENT: Land Preservation Murphy Property Elect to Purchase, SEQRA th WHEREAS, the Town Board of the Town of Southold held a public hearing on the 17 day of January, 2017, on the question of purchasing open space fee title on property owned by James J. Murphy (deceased) and James E. Murphy pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code of the Town of Southold, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as SCTM #1000-54.-5-49.1 and 7885 Hortons Lane, Southold, New York, and located on Lily Pond at the southeasterly side of Hortons Lane where it intersects with North Sea Drive, and across from McCabes Beach in the R-40 zoning district; and WHEREAS, the open space acquisition is for fee title of the undeveloped parcel that is 1.972 acres according to a 2014 survey. The purchase price is $30,000.00 (thirty thousand dollars). The property will be acquired using Community Preservation Funds. The landowner may claim a Bargain Sale; and WHEREAS, the property is listed on the Community Preservation Project Plan List of Eligible Parcels under the categories lettered A) establishment of parks, nature preserves, or recreation areas; D) preservation of fresh and saltwater marshes or other wetlands; and F) preservation of undeveloped beach lands or shoreline including those at significant risk of coastal flooding due to projected sea level rise and future storms; and, WHEREAS, the Town is acquiring the property for open space purposes including passive recreation, access to Lily Pond, and wetland protection; and, Southold Town Meeting Agenda - January 17, 2017 Page 29 WHEREAS, the purchase of this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code of the Town of Southold; and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has determined that this action is consistent with the LWRP; and WHEREAS, as per Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5, the Land Preservation Coordinator and the Town Board have reviewed the acquisition and have determined that sanitary flow credits will not be transferred from this property; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition and recommends that the Town Board acquires the property; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase fee title to the subject property for open space purposes including passive recreation, access to Lily Pond, and wetland protection; and WHEREAS, THE TOWN BOARD OF THE TOWN OF SOUTHOLD CLASSIFIES THIS ACTION AS AN UNLISTED ACTION PURSUANT TO THE SEQRA RULES AND REGULATIONS, 6NYCRR 617.1 ET. SEQ.; AND, WHEREAS, the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and, WHEREAS, the Town Board of the Town of Southold accepted the Short Environmental Form for this project that is attached hereto; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action; and, be it further RESOLVED that the Town Board of the Town of Southold hereby elects to purchase fee title to property owned by the James J. Murphy (deceased) and James E. Murphy, identified as SCTM #1000-54.-5-49.1, for open space purposes including passive recreation, access to Lily Pond, and wetland protection. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the LWRP and the Town Board has determined that this action is consistent with the LWRP. The Town Board has reviewed the acquisition and has determined that sanitary flow credits will not be transferred from this property. Vote Record - Resolution RES-2017-128  Adopted  Yes/AyeNo/NayAbstainAbsent Adopted as Amended  Southold Town Meeting Agenda - January 17, 2017 Page 30 Defeated  James Dinizio Jr  Tabled  William P. Ruland Withdrawn Jill Doherty  Supervisor's Appt Tax Receiver's Appt Robert Ghosio  Rescinded  Louisa P. Evans Town Clerk's Appt  Scott A. Russell  Supt Hgwys Appt  No Action  Lost  VII. PUBLIC HEARINGS 1. Set PH 1/17/17 7:31 PM Chapter 100 - Dumpsters 2. Set PH 1/17/17 7:32 PM Chapter 280 - Demolition 3. Murphy Open Space Set Public Hearing for 1/17/2017