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Home My WebLink AboutTB-02/28/2017 ELIZABETH A.NEVILLE �goFFQt,rc Town Hall,,53095 Main Road TOWN CLERK o� eve PO Box 1179 y Southold,NY 11971 REGISTRAR OF VITAL STATISTICS o Fax(631)765-6145 MARRIAGE OFFICER y�/o! �a�� Telephone: (631)765 - 1800 RECORDS MANAGEMENT OFFICER southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING February 28, 2017 4:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, February 28, 2017 at the Meeting Hall, Southold,NY. Call to Order 4:30 PM Meeting called to order on February 28, 2017 at Meeting Hall, 53095 Route 25, Southold,NY. Attendee-Name .Organization Title Status Arrived ,, James Dinizio Jr # Town of Southold r6ouncilman Present William P. Ruland Town of Southold Councilman ; Present Jill Doherty _ _ 6 Town of Southold Councilwoman Present Robert Gh_osio_ _ Town of Southold Councilman Pr uia P. esent _ _ r .®� LosEvans__ Town of Justice_ _ Remote _ Scott A. Russell Town of Southold Supervisor Present _ Elizabeth A. Neville FiTown wn of Southold Town Clerk ? Present William M Duffy of Southold Town Attorney Present I. Reports 1. Planning Department Monthly Report 2. Program for the Disabled Monthly Report 3. Trustees Monthly Report II. Public Notices III. Communications IV. Discussion Southold Town Board Regular Meeting February 28, 2017 page 2 Motion To: Motion to Enter Executive RESOLVED that the Town Board of the Town of Southold hereby Enter into Executive Session at 9:03AM for the purpose of discussing the following matters: 9:00 AM- Rich Zuckerman- Update on PBA negotiations RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell 1. EXECUTIVE SESSION - 9:00 AM - Rich Zuckerman Motion To: Motion to Exit Executive RESOLVED that the Town Board of the Town of Southold hereby Exit/Recess from this Executive Session at 9:59 AM. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Open Session 2. 10:00 AM -John Cushman 3. 10:30 AM- Jeff Standish 4. 10:45 AM - Denis Noncarrow 5. 11:00 AM-Vivian Fuhrman and Megan Byers of the Product Stewardship Institute 6. Councilman Ghosio 7. Update on Town Historian Interviews 8. Coastal Erosion Appeal Application - SCTM#1000-99-2-19.1 9. Catastrophic Loss of Nonconforming Buildings with Conforming Uses 10. Recreational Uses in LIO Zones 11. Water Request at 375 Ackerly Pond Lane Motion To: Motion to Enter Executive RESOLVED that the Town Board of the Town of Southold hereby Enter into Executive Session at 11:44 AM for the purpose of discussing the following matters: Southold Town Board Regular Meeting February 28, 2017 page 3 12:15 PM - Melissa Spiro - Potential Property Acquisition(S), Publicity of Which Would Substantially Affect the Value Thereof Labor - Matters Involving Employment of Particular Person(S) - Human Resources Litigation/Potential Litigation - Fishers Island Electric Co.-Notice of Claim Lillian Vishnu-Notice of Claim RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell 12. EXECUTIVE SESSION - Potential Property Acquisition(S), Publicity of Which Would Substantially Affect the Value Therof 13. EXECUTIVE SESSION - Labor-Matters Involving Employment of Particular Person(S) 14. EXECUTIVE SESSION - Litigation/Potential Litigation Motion To: Motion to Exit Executive RESOLVED that the Town Board of the Town of Southold hereby Exit/Recess from this Executive Session at 2:09 PM. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Open Session 15. Mighty North Fork Triathalon 16. Set PH - Amendments to Section 280-4 of the Town Code Entitled "Definitions" 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 2:09 PM until the Regular 4:30 PM Meeting of the Southold Town Board. RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER:Louisa P. Evans, Justice AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Pledge to the Flay Moment of Silence in Memory of Jean Cochran Southold Town Board Regular Meeting February 28, 2017 page 4 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 4:30PM Regular Meeting of the Southold Town Board. RESULT: ADOPTED [UNANIMOUS] MOVER: Scott A. Russell, Supervisor SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Supervisor Scott A. Russell SUPERVISOR RUSSELL: Please rise and join in the Pledge to the Flag. Thank you. Before we get to the agenda, I want to announce that our own Jackie Martinez who works at the Southold Town Human Resource Center has been given the 2017 recipient of the Community Service Award by the Town of Babylon for her outstanding efforts with the Southold Town Senior Services. I think her contributions in the development and management of programs have led to the greater awareness of the health, needs and well-being of older adults within our community, we want to congratulate her and are very proud of her. What I will do now is offer anybody the opportunity to comment on any of the agenda items? You know, before I do that, what I think we should do, we have actually lost former Supervisor Jean Cochran very recently, can we all please stand and give her a moment of silence. Thank you. On the agenda? Yes, Art, can you please stand at the microphone? Okay. Art Tillman, Mattituck ART TILLMAN: I know it was discussed at the work session, was it last week? What I am asking for or calling for support for assembly bill A-02671 and Senate bill-S03225. That is the bill calling for the creation of the Peconic Bay Regional Transportation Council and it is being submitted by Assemblyman Thiele and Palumbo and Senator LaValle. As it has been for the last six years. In reading the bill, of real note, they are calling for the creation of a council not an authority. That would be representatives from the five east end towns to serve as an advisory agency and make recommendations to MTA, Long Island Railroad, the Assembly and the Senate as to what can be done to relieve transportations and congestions and related problems via the use of mass transportation, you can read trains and busses on that. so the reason I am here is from reading the comments in the Suffolk Times, if accurately reported, a few comments were made by some of the Board members, who made them is not important, but I sensed a reticence to get involved in supporting this transportation council. One of you mentioned there was no mention of ferries in there. Somebody else mentioned that perhaps too much was going to be given to the south side. I don't see it that way, I just see it as a way that Southold's voice can be funneled through a larger organization so that we and the east end have a greater impact in making changes for the better. I don't know how many are familiar with the Volpe Transportation study which goes back to 2009 which talked about the feasibility of creating a Peconic Transportation Authority which would break from the MTA, much as the Cape Cod Transportation Authority broke from the Greater Boston Transportation Authority. And in that study, they did a financial analysis, it was quite complete, and they said it is feasible. Economically and that is the key question here. At that time, they determined that $62 million Southold Town Board Regular Meeting February 28, 2017 page 5 was collected by the MTA via the five east end towns. Now that was 2009, my guess is about $75 million is being generated, at least, from the east end towns and that is the money that could be funneled to make the changes, if necessary. Now, we are not calling for the creation of that authority, what this group is calling for is the study which may or may not lead to it but at the very least would put pressure on the MTA and Long Island Railroad to give us better service and on Suffolk county to allocate more for our buses. I am urging the Board, I would hope by resolution, to be supportive of this bill by Palumbo, quite honestly it's supported by two Republicans and an Independent so politics really has nothing to do with that because as you know, I am the leader of the Democratic party. So, this is not a political thing, I just think it's something good for Southold Town and the east end. So I would ask you to consider that. now, in the discussion in the work session, there was a meeting with the Long Island Railroad last year in November, invites only, and the invites were elected and other officials from east end towns. Can you tell me who represented us from east end town at that November meeting? SUPERVISOR RUSSELL: I am sorry, at the November meeting for what? MR. TILLMAN: The Long Island Railroad held a meeting in Riverhead and invited only officials or their appointees. SUPERVISOR RUSSELL: I was there for Southold Town, so was Planning Director Heather Lanza. MR. TILLMAN: You were there. Good. Was there a summation of what went on there? Minutes or statement or anything? SUPERVISOR RUSSELL: There was actually, this was spearheaded by Assemblyman Thiele, he had set the parameters of the meeting. Who could come, who couldn't come. I know there were some reporters that were asked to leave. I think he was trying to set an environment that the MTA directors that were there, the Board of Directors I think they are called, to try to develop some understanding of our views without getting into a, well, we are making demands on the MTA. I think he was trying to lead an effort that would show that we are working with the MTA and it was a productive discussion. It was. MR. TILLMAN: Well, I happen to know people who are close to the leadership of the Long Island Railroad, as you know, that leadership changes. The current administration if very favorable to listening to and implementing our needs but from what I have been told, they are not going to tell us what they will do, they want us to tell them what we want. Not that we will get it all. I notice we are getting one extra train which is a breakthrough but certainly one extra train is no big deal. According to the Volpe Committee, we could support 10 trains in and 10 trains out and not necessarily to the city but to Ronkonkoma, where you can pick up trains to the city. All over the country, light rail, trolleys and conventional rail are being extended out from the inner cities to their airports etc. They have to purchase land, lay the tracks, etc. In this situation, our situation, on the north fork, we have the tracks that are already going to Ronkonkoma. They are well maintained. The problem is, they will not or have not given us the trains. They will give you excuses that there is no ridership. Well, if the trains are scheduled on the hours that they are Southold Town Board Regular Meeting February 28, 2017 page 6 scheduled and they are two or three a day, you are not going to get the patronage. Another thing, we need to remember, there is not a passenger railroad in the country, nor the world that I know of except Japan, where it pays for itself. It just doesn't pay for itself. But highways don't pay for themselves either. so that has got to be known that profit is not the motive here, it's public service. Get traffic off the roads. And I think we could get an awful lot of traffic off the roads. Regarding the ferry, I am quite sure that if there was frequent service to Greenport, some of the casinos over there would be providing the bus from Greenport to Orient because they already provide the bus from New London to their casinos. Part of the study advocates the opening of new stations. I think a new station could be opened at the Tanger area which I don't think it's a mile from the existing railroad and I wouldn't be a bit surprised, I would be surprised if they didn't, provided some kind of a trolley to get from that station up to Tanger. Our people need access to colleges up the Island, they need access to sports up the Island, they need access to jobs up the Island, they need access to entertainment up the Island and they need access to the airports. I am personally a little tired of picking up and dropping people off at the airports when the train goes right there. For many of us, this could be a 100 mile trip. One hundred miles, gas, more traffic, more inconvenience. So I think that we and the other Town Boards on the east end ought to exert as much influence and pressure as possible to make our wishes known. And that's the point I am trying to make. I am asking, would you, the Board, be willing to pass a resolution in favor of these two bills sponsored by Palumbo and LaValle? SUPERVISOR RUSSELL: Can I just address, first of all, after that meeting we had gotten that basically that resolution, a little bit late. We didn't have time to read it thoroughly. I will tell you it does more than create a council, you really need to re-read it. It bestows quite a bit of authority on them. I think the Board at the time had concerns and issues. I reached out to Assemblyman Palumbo shortly after that meeting, asked him if he could bring a legislative aide and others into a room and that we can get a better understanding of what the goals of the legislation were and maybe some of our concerns to see how they are allayed. One of the things I will say is the Volpe study, I am very aware of the study in fact, I read the whole thing and if you saw it you know how big that is. The Volpe study didn't necessarily say it's feasible, it said it's feasible if this happens and that happens. Those are big ifs and we need to evaluate those at another time. But getting back to the core issue of the council, again, the Board didn't dismiss that out of hand, we had concerns, I am already reaching out to the state, we are going to try to get those concerns allayed but some of the things such as the one man, one vote or the one town, one vote concerned me. It hasn't worked well for the north fork in the past, particularly Southold. Again, going back to the original, East Hampton gets to say no ferries. Well, you know, who are they? To be candid, what about Southold? You talk about busing from Greenport to the ferry. Frankly, I think that's reckless, it does nothing for the people of Southold Town. It certainly feeds the ferries and the casinos but their financial future isn't of a concern to me, it's the traffic in Southold town. But again, we are going to meet, we are going to go over some of those concerns and I think we will be able to resolve everything. MR. TILLMAN: Well, with all due respect, I read both the Palumbo and LaValle bill, Senate and Assembly version and it was quite brief and just calls for the creation of a council with representatives from the five east end town. How we divvy that up in terms of representatives, I don't know but there are other considerations. For example, if you add up the populations of Southold Town Board Regular Meeting February 28, 2017 page 7 Southampton Town and East Hampton Town and compare it to Riverhead Town and Southold Town, it's quite a few thousand, many thousand more. So it would stand to reason, they having more people than we have that perhaps they should have an extra representative. I don't think we ought to get too finicky about it. SUPERVISOR RUSSELL: Inaudible. It's not on the agenda, so I am going to let you finish but then after that we have got to get to the regular meeting. MR. TILLMAN: Okay. I do have one more point, which I hope you will allow me to express it. Because I don't come to too many meetings but this is the third meeting I have been to regarding the video recording, if you will, of Town Board meetings. I know we are recorded but I am talking about work sessions, Zoning Board, Zoning Board of Appeals, Planning Board in particular, as I said this is the third time I am here. Most towns do do this. The Village of Greenport does it via website. And I spoke to, well, I didn't speak to but I was communicating in emails with Doug Roberts and he said the process by which you record this for website is quite simple, he said it costs the Village of Greenport I think he said a couple of hundred dollars a month. He said the people like it, the people on the Village Board like it because they too can visually see the Zoning Board meetings and the other meetings which many of you do not go to, cannot go to and like so. he said the add on website can be added already on to and I don't really know what I am talking about here but maybe some people do, they can be added onto the already existing IQM2 service that is already provided to Greenport and also to Southold town. So I just think there are many benefits to recording all of these things. It's an indication of open, transparent government. I don't think there are any negatives to it and I certainly think if Doug Roberts is true and it's only costing them a couple of hundred dollars a month, I think we can afford it. I thank you for allowing me to speak on things that are probably not on the agenda. Supervisor Russell SUPERVISOR RUSSELL: Thank you, Art. I am going to ask at this time if anyone would like to address any of the specific items that are on the agenda, please feel free. After that, we will go to the open mic portion. Anybody? (No response) Also, I want to apologize, I unfortunately made a, well, I shouldn't say unfortunately, I fortunately made a commitment to my son, so I need to get him, I need to leave here by 5:30, so I want to apologize in advance if I have to leave while the meeting is still going on. V. Resolutions - - - - - - -- - - -- - - - - 2017-191 CATEGORY.• Audit DEPARTMENT. Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated February 28, 2017. Southold Town Board Regular Meeting February 28, 2017 page 8 .✓Vote.Record-Resolution RES-2017-191 LI Adopted ❑ Adopted as Amended ❑ Defeated m Yes/Aye ! No/Nay Abstain Absent ❑ Tabled ---- ❑ Withdrawn James Dinizio Jr Voter 0 ' 11^ ❑ 0 ❑ Supervisor's Appt William P.Roland Voter 0 j ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert GhosioSeconde 0 ❑ -Ell ❑ ❑ Town Clerk's Appt Louisa P Evans I Mover L Q ❑ 1 11 ( 11 ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-192 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, March 14 2017 at the Southold Town Hall Southold New York at 7:30 P. M. ✓Vote Record-Resolution RES-2017-192 0 Adopted ❑ Adopted as Amended ❑ Defeated �yeslAye No/Nay Abstain Absent ❑ Tabled -- ❑ Withdrawn James Dimzio Jr Voter 0 �O ❑ El ❑ Supervisor's Appt William P Ruland ( Voter 1 0 j ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconde 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans over 0 i ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-193 CATEGORY.• Budget Modification DEPARTMENT.• Accounting Budget Modification for General Fund Whole Town Financial Impact: Provide appropriation for payment of leave accruals Southold Town Board Regular Meeting February 28, 2017 page 9 RESOLVED that the Town Board of the Town of Southold hereby modifies the 2017 General Fund Whole Town budget as follows: From: A.1310.1.100.100 Accounting & Finance, Regular Earnings $ 1,420 A.1990.4.100.100 Unallocated Contingencies 50,000 A.1990.4.100.200 • Police Retirement Reserve 50,000 Total $101,420 To: A.1310.1.100.200 Accounting &Finance, Overtime Earnings $ 910 A.1310.1.100.300 Accounting & Finance, Vacation Earnings 23,540 A.1310.1.100.400 Accounting& Finance, Sick Earnings 76,970 Total $101,420 Vote Record-Resolution RES-2017-193 * Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye j No/Nay Abstain Absent El Tabled ----- ----- ❑ Withdrawn James DmM izio Jr over 0 i ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter Q j ❑ EJ F ❑ ❑ Tax Receiver's Appt Jill Doherty Voter C I 11 El ❑ ❑ Rescinded Robert Ghosio Voter Rl ! ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconde 0 E-1 ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell r Voter D I ❑ ( ❑ ❑ ❑ No Action ❑ Lost Comments regarding resolution 193 COUNCILMAN DINIZIO: Can I comment? SUPERVISOR RUSSELL: Sure. COUNCILMAN DINIZIO: This $101,420 is something we did not consider in the budget. So it's $100,000 that we are spending, that we are searching around finding and it's just another added expense that we hadn't planned on. It was not our fault, we didn't know this was going to go on, in addition to the additional $100,000 we needed for liability insurance that we did not plan for. I just wanted to point that out. Thank you. 2017-194 CATEGORY.• Attend Seminar DEPARTMENT. Building Department Southold Town Board Regular Meeting February 28, 2017 page 10 Training RESOLVED that the Town Board of the Town of Southold hereby grants permission to Building Permits Examiner Amanda Nunemaker, Electrical Inspector Roger Richert and Chief Building Inspector Michael Verity to attend the 2017 Stony Brook University Code Training Conference in Stony Brook, on March 14-16, 2017. All expenses for registration and travel to be a legal charge to the 2017 Building Department budget (meetings and seminars). Vote Record-Resolution RES-2017-194 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ TabledJames Dter _-. - -_- ❑ Withdrawn mizio Jr VoQ ❑f ❑ El ❑ Supervisor's Appt William P Ruland Seconde El ❑ ❑ ❑ E] Tax Receiver's Appt Jill Doherty Mover Q j L1 �_ ❑ ❑ Robert Ghosio Voter Q ( ❑ ❑ ❑ LI Rescinded ❑ Town Clerk's Appt Louisa P Evans Voter Q i ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ I ❑ ❑ No Action ❑ Lost 2017-195 CATEGORY. Attend Seminar DEPARTMENT: Building Department Training RESOLVED that the Town Board of the Town of Southold hereby grants permission to Building Permits Examiner Damon Rallis to attend a seminar on Energy Code in Lindenhurst, on Marchl4, 2017. All expenses for registration and travel to be a legal charge to the 2017 Building Department budget (meetings and seminars). Vote Record,-Resolution RES-2017-195 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye i No/Nay _Abstain Absent ❑ Tabled -- - — ❑ Withdrawn James Dmizio Jr Voter Q -1—[] ❑ , ❑ ❑ Supervisor's Appt William P Ruland Mover Q 1 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter Q ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter Q 1 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconde Q I ❑ ❑ I ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ; ❑ ❑ ❑ ❑ No Action ❑ Lost Southold Town Board Regular Meeting February 28, 2017 page 11 2017-196 CATEGORY. Employment-Town DEPARTMENT.• Accounting Acknowledges Retirement Frank V. Ingarra WHEREAS,the Town of Southold has received email notification on February 20, 2017 from the NYS Retirement System concerning the retirement of Frank V. Ingarra effective March 31, 2017, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby acknowledges the retirement of Frank V. Ingarra from the position of part-time Maintenance Mechanic I for the Human Resource Center effective March 31, 2017. -/Vote Record=Resolution RES-2017-196' IZ Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay AbstainAbsent ❑ Tabled ❑ Withdrawn James Dimzio Jr Voter --ff-I ❑ ❑ ❑ William P Ruland Voter D ❑ ❑ ElSupervisor's Appt - ❑ Tax Receiver's Appt Jill Doherty Voter RI ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconde D i ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ I ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter D ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-197 CATEGORY.• Employment-Town DEPARTMENT. Accounting Permanent Appointment Tax Cashier WHEREAS the Town Board of the Town of Southold has appointed Jennifer K. Mannino to the position of provisional Tax Cashier effective May 10, 2016, and WHEREAS Jennifer K. Mannino has taken and passed the Civil Service examination for Tax Cashier and is reachable on the Suffolk County Department of Civil Service List of Eligible's for the competitive position of Tax Cashier, and WHEREAS the Town Board of the Town of Southold has determined that it is in the best Southold Town Board Regular Meeting February 28, 2017 page 12 interest of the Town to appoint Jennifer K. Mannino to the permanent position of Tax Cashier from said List of Eligible's, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby appoints Jennifer K. Mannino to the position of Tax Cashier from the Suffolk County Department of Civil Service List of Eligible's effective March 1, 2017 with no salary change. ✓`Vote Record`-Resolution RES-2017-197 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter Q ❑ ❑ i ❑ ❑ Supervisor's Appt William P.Ruland Voter Q 1 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter Q ❑ ❑ ❑ ❑ Rescmded Robert Ghosio Mover El ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconde Q F1 ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-198 CATEGORY.- Budget Modification DEPARTMENT: Accounting Close PD Storage Building Capital Project Financial Impact: Close PD Storage Building Capital Project as of December 31, 2016 RESOLVED that the Town Board of the Southold hereby declares the Police Storage Facility Capital Proiect that was created on January 6, 2015 completed as of December 31, 2016 and directs the Town Comptroller to close the Police Storage Facility Capital Project and transfer any remaining funds back to the operating fund as of December 31, 2016. ✓•Vote Record-Resolution RES-2017-198 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled James Dintzio Jr Mover 1 Q ❑ ❑ ❑ ❑ Withdrawn 11 Supervisor's Appt William P.Ruland Seconde El ( ❑ � ❑ ❑ Tax Receiver's Appt Jill Doherty Voter Q ❑ [10 ❑ Rescmded Robert Ghosio Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter Q ❑ El ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action 0 Lost Southold Town Board Regular Meeting February 28, 2017 page 13 2017-199 CATEGORY.• Property Usage DEPARTMENT.• Recreation Approve Field Use -Hamptons Collegiate Baseball RESOLVED that the Town Board of the Town of Southold hereby grants permission to Hamptons Collegiate Baseball to use the lit baseball field at Cochran Park for their 2017 baseball season for a total of approximately 19 games, beginning in early June and ending in late July, subject to scheduling by the Southold Recreation Department and the applicant filing a Two Million Dollar Certificate of Insurance with the Town Clerk, naming the Town of Southold as additional insured. Fees for use of field will be waived as the organization will be donating equipment and making improvements to the facility. ,""Vote Record-Resolution RES-2017-199 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 0 ❑ El ❑ Supervisor's Appt William P Ruland Seconde 0 ( ❑ ❑ ❑ Jill Doherty Mover ❑ Tax Receiver's Appt 0 �� ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 � ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ( ❑ O _ ❑ ❑ No Action ❑ Lost 2017-200 CATEGORY. Field Use-Town DEPARTMENT: Recreation Approval Field Use- UK Elite Strawberry Field Resolved that the Town Board of the Town of Southold hereby grants permission to U.K. Elite Soccer Inc. to conduct a soccer camp from July 10 - 14, 2017 from 9:00 a.m. - 12:00 p.m. at Strawberry Field Fairgrounds, Field A in Mattituck. Applicant must file with the Town Clerk's Office a Two Million Dollar Certificate of Insurance naming the Town of Southold as additional insured. Fees for use of field will be charged as per the rules and regulations listed on the application for use of parks facilities. ✓Vote Record-Resolution RES-2017-200 0 Adopted I L Yes/Aye ; No/Nay Abstain Absent Southold Town Board Regular Meeting February 28, 2017 page 14 ❑ Adopted as Amended James Dimzio Jr Voter Q ❑ ❑ ❑ ❑ Defeated William P Ruland Mover Q ❑ ❑ ❑ Q Tabled Jill Doherty Voter I Q ❑ I ❑ ❑ ❑ Withdrawn Robert Ghosio Voter Q ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P Evans Seconder[__ Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost Next:3/21/17 7:30 PM Comments regarding resolution 200 COUNCILMAN RULAND: I would ask that this be tabled because it appears to be so poorly written that there is just error on top of error there. 2017-201 CATEGORY. Budget Modification DEPARTMENT. Accounting Budget Modification for Community Development CHIP Financial Impact:Appropriate recovered funds for Consortium Home Improvement Program, reallocate resources from another project RESOLVED that the Town Board of the Town of Southold hereby modifies the 2017 Community Development Fund CHIP budget as follows: Increase Revenues: CD.2701.00 Refunds Prior Year Expenditures $30,402.53 Decrease Appropriations: CD.8660.4.000.102 CHIP project number 102 1,174.43 Totals $31,576.96 Increase Appropriations: CD.8660.4.000.101 CHIP project number 101 $31,576.96 Totals $31,576.96 ,',/Vote Record-Resolution RES-2017-201 Q Adopted Yes/Aye i No/Nay Abstain Absent ❑ Adopted as Amended James Dinizio Jr Voter Q I ❑ ❑ ❑ ❑ Defeated William P Ruland Voter Q ❑ ❑ ❑ ❑ Tabled Jill Doherty Voter Q ❑ ❑ ❑ ❑ Withdrawn Robert Ghosio Seconde Q ❑ ❑ ❑ Southold Town Board Regular Meeting February 28, 2017 page 15 ❑ Supervisor's Appt Louisa P.Evans Mover lZ ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2017-202 CATEGORY.• Budget Modification DEPARTMENT. Accounting Mods 2016 Budget for Workers Compensation Financial Impact:Provide additional appropriation for adjustment to 2016 workers compensation insurance assessment based on 2016 actual payroll RESOLVED that the Town Board of the Town of Southold hereby modifies the 2016 budget as follows: General Fund Whole Town From: A.9030.8.000.000 Social Security, Benefits $3,200 To: A.9040.8.000.000 Workers Compensation, Benefits $3,200 Highway Fund Part Town From: DB.9030.8.000.000 Social Security, Benefits $2,200 To: DB.9040.8.000.000 Workers Compensation, Benefits $2,200 Solid Waste District From: SR.9030.8.000.000 Social Security, Benefits $1,000 To: SR.9040.8.000.000 Workers Compensation, Benefits $1,000 ✓;Vote Record=Resolution RES-2017-202 RI Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended - ❑ Defeated James Dmizio Jr Voter Cif ❑ ❑ ❑ 0 Tabled William P Ruland Voter RI 1 11 11 11 Southold Town Board Regular Meeting February 28, 2017 page 16 ❑ Withdrawn Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio ( Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Seconded 0 ( ❑ 1 ❑ ❑ ❑ Rescinded Scott A Russell Voter 0 i ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2017-203 CATEGORY.• Budget Modification DEPARTMENT: Accounting Budget Modification for Town's Share of Rec Center Floor Financial Impact: Town funding for Rec center flooring; balance from CDBG RESOLVED that the Town Board of the Town of Southold hereby modifies the 2017 General Fund Whole Town budget as follows: From: A.7020.2.500.100 Recreation Dept., Tables & Chairs $7,000 To: A.1620.2.500.975 Rec Center Improvements $7,000 ✓Vote Record-Resolution RE$-2017-203 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled r ❑ Withdrawn - - James Dm0 izio Jr Mover i ❑ I ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ 1 ❑ 1 ❑ ❑ Tax Receiver's Appt Jill Doherty Seconde 0 ( ❑ 1 ❑ ❑ ❑ Rescinded Robert Ghosio Voter f CEJ 1 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter 0 i ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-204 CATEGORY: Bid Acceptance DEPARTMENT. Accounting Southold Town Board Regular Meeting February 28, 2017 page 17 Accept Proposal for New Vinyl Floor at Recreation Center RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal of Carter-Melence, Inc. for the New Vinyl Floor at the Southold Town Recreation Center at a cost not to exceed $27,000, which shall be a legal charge to the Community Development Block Grant appropriation number CD.8660.H.016.013 for $20,000 and the General Fund Whole Town appropriation number A.1620.2.500.975 for $7,000, all subject to the approval of the Town Attorney. ✓Vote Record=Resolution,RES-2017-204 ' 0 Adopted ❑ Adopted as Amended ❑ Defeated _m Yes/Aye NO/Nay Abstain Absent ❑ Tabled -T--•--___ ❑ Withdrawn James Dmizio Jr I Voter 1 0 1 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconded 0 1 ❑ 1 ❑ 1 ❑ ❑ Tax Receiver's Appt Jill Doherty Mover 0 1 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 1 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-205 CATEGORY.• Contracts, Lease&Agreements DEPARTMENT. Recreation Hire Spring Recreation Program Instructors Resolved that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an agreement with the following individuals and businesses for the Spring 2017 Recreation programs, all in accordance with the approval of the Town Attorney. Funding for the instructors listed below has been budgeted for in the Recreation Department's 2017 instructor line A.7020.4.500.420. NF School For Dogs (Dog Obedience/Puppy STAR/Pre-Therapy) $90/person Sara Bloom (Memoir Writing) $30/hour Thomas Boucher (Guitar Lessons) $30/hour Henry Pesce (Pickleball) $30/hour Heather Cusack (Herbs for Health) $30/hour Martha Eagle (Aerobics &Pilates) $35/class Suzzanne Fokine (Plein Air Painting) $30/hour Denise Gillies (Tai Chi) $30/hour Island's End Golf& Country Club (Golf Lessons) $100/person Southold Town Board Regular Meeting February 28, 2017 page 18 Jennifer Kane (Singing) $30/hour Lois Levy (Creative Sketching) $30/hour Rosemary Martilotta(Hatha& Chair Yoga) $62/class Kate McDowell (Tennis Lessons) $30/hour Judy McCleery (Digital Photography) $30/hour Linda Nemeth (Watercolor) $30/hour Dr. Jeffrey Poplarski (Golf Fitness) $55/class R&C Agency Management,(CPR Course) $55/person R&C Agency Management(Defensive Driving) $30/person Laurie Short (Fitness Classes) $30/hour Steve Smith(Weight Training) $90/person Lisa Tettelbach (Greeting Cards) $30/hour, Alfonso Triggiani (Ballroom Dancing) $65/person Kerri Zablotny (Little Scholars) $30/hour Huck Hirsch (Mah Jongg) $30/hour Kyleen Prentice Vernon (Dance) $30/hour Theresa Pressler (Crafts) $30/hour Marilyn LoPresti (Walkl5 Aerobics) $30/hour US Coast Guard Auxiliary Flotilla 18-08 Free James Bowden(Smart Driver) Free ✓Vote Record-Resolution RES-2017-205 21 Adopted ❑ Adopted as Amended ❑ Defeated _ Yes/Aye No/Nay Abstain Absent ❑ Tabled James Dmizio Jr Voter ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt William P Ruland Mover El ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter Rl ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 2 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans I Seconder Rl ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter D j ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-206 CATEGORY: Performance Bond DEPARTMENT: Engineering Release Performance Bond Dike Rehabilitation RESOLVED that the Town Board of the Town of Southold hereby releases the Maintenance Bonds supplied by Steve M. Mezynieski, Inc and Aegis Security Insurance Company, Bond No. B10020640 in the amount of$197,833.90, Bond No. 1310020637 in the amount of .$604,295.20, Bond No. B10020639 in the amount of$441,199.41 and Bond No. B'10020.638 in Southold Town Board Regular Meeting February 28, 2017 page 19 the amount of$298,159.00, as recommended by the Town Engineer, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2017-206 0 Adopted ❑ Adopted as Amended ❑ Defeated _ Yes/Aye No/Nay Abstain Absent ❑ Tabled - - --- ----- -- James Dmizio Jr Voter ❑ Withdrawn 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P.Ruland Voter 0 I ❑ I ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconderl El❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ Scott A.Russell Voter 0 ❑ Supt Hgwys Appt ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-207 CATEGORY: Attend Seminar DEPARTMENT. , Town Attorney Doherty Training RESOLVED that the Town Board of the Town of Southold hereby grants permission to Code Enforcement Officer Peter Doherty to attend the 2017 Mandatory Code Updates at Stony Brook University, March 14, 15 & 16, 2017. All expenses for registration and travel to be a legal charge to the 2017 Town Attorney/Code Enforcement budget(meetings and seminars). ✓Vote Record-Resolution RES-2017-207 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Na Abstain Absent ❑ Tabled - -- - � — ❑ Withdrawn James Dinizio Jr Voter 0 ❑ r ❑ ❑ William P Ruland Voter 1 0 ❑ 1 0 ❑ Supervisor's Appt � ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 1 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover 0 I ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconded 0 j ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-208 Southold Town Board Regular Meeting February 28, 2017 page 20 CATEGORY. Attend Seminar DEPARTMENT. Town Attorney Duffy Seminar RESOLVED that the Town Board of the Town of Southold hereby grants permission to Town Attorney, William M. Duffy to attend the seminar entitled"Land Use Leadership Alliance Training Program" on March 3, March 17,and March 24, 2017 with sessions taking place at Touro Law School. All expenses for registration and travel are to be a charge to the 2017 Town Attorney budget. .✓'Vote Record-Resolution'RES72017-208 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye j Wo/NayAbstain Absent ❑ Tabled — ❑ Withdrawn James Dinizio Jr Mover f�7 ❑ ❑ ❑ ❑ Supervisor's Appt William P.Ruland Seconder Rl ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ 11 Rescinded Robert Ghosio Voter p i ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter D ❑ El ❑ ❑ Supt Hgwys Appt Scott A Russell Voter D ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-209 CATEGORY.- Local Law Public Hearing DEPARTMENT. Land Preservation PH3114 7:32 PM-L.L. in Regard to Chapter 17 WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 28th day of February, 2017, a Local Law entitled"A Local Law in relation to the Town of Southold Community Preservation Fund Management and Stewardship Plan 2017"; now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold,New York, on the 14th day of March, 2017 at 7:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to the Town of Southold Community Preservation Fund Management and Stewardship Plan,2017" reads as follows: LOCAL LAW NO. 2017, Southold Town Board Regular Meeting February 28, 2017 page 21 A Local Law entitled, "A Local Law in relation to the Town of Southold Community Preservation Fund Management and Stewardship Plan 2017". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. PURPOSE In compliance with the Peconic Bay Community Preservation Fund, the Land Preservation Department has prepared a Community Preservation Fund Management and Stewardship Plan for real property interests acquired through the fund. This Plan must be adopted by local law and all expenditures from the fund for management and stewardship functions must be in compliance with the terms of the Plan. II. Chapter 17 of the Code of the Town of Southold is hereby amended as follows: §17-13.1. Community Preservation Fund Management and Stewardship Plan adopted. The Town Board of the Town of Southold hereby approves and adopts the Town of Southold Community Preservation Management and Stewardship Plan 241-5 2017 for real property interests acquired by use of moneys from the Town of Southold Community Preservation Fund, prepared by the Land Preservation Coordinator,presented to the Town Board during the Work Session of February 2415 14, 2017 and intended to be the management and stewardship plan required by § 64-e (6) of the New York State Town Law. 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-2017-209 Q Adopted ❑ Adopted as Amended ❑ Defeated ^� _ Yes/Aye No/Nay Abstain Absent ❑ Tabled El Withdrawn James Dimzio Jr Voter Rl ❑��❑ ❑ ❑ Supervisor's Appt William P Ruland Seconde Q El ❑ ❑ Tax Receiver's Appt Jill Doherty _Mover Q ❑ ❑ 11 ❑ Rescinded Robert Ghosio - Voter .Q ❑ ❑ � ❑ Louisa P Evans Voter ❑ Town Clerk's Appt Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter Q ! ❑ ❑ ❑ ❑ No Action 0 Lost Southold Town Board Regular Meeting February 28, 2017 page 22 I 2017-210 CATEGORY.• Contracts, Lease &Agreements DEPARTMENT. Fishers Island Ferry District FIFD-Ferry Charter 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 February 21, 2017 regarding Ferry Charter. '✓Vote Record-Resolution RES-2017-210 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 1 D 11 1 ❑ ❑ Supervisor's Appt William P.Ruland Mover R1 El 11 ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 F 0 ❑ ❑ ❑ Rescinded Robert Ghosio Voter RI ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconde 0 1 ❑ 1 ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter D ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-211 CATEGORY.• Contracts, Lease&Agreements DEPARTMENT: Fishers Island Ferry District FIFD- Passenger Ferry Service 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 February 21, 2017 regarding Blackbird VII, LLC.. ✓Vote Record-Resolution RES-2017-211 0 Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated James Dmizio Jr Voter D ❑ ❑ ❑� ❑ Tabled William P Ruland Voter D ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Voter D ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Seconde D ❑ ❑ j ❑ ❑ Tax Receiver's Appt Louisa P Evans I Mover I D ❑ ❑ ❑ ❑ Rescinded Scott A Russell Voter R[ ❑ El ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt Southold Town Board Regular Meeting February 28, 2017 page 23 ❑ No Action ❑ Lost 2017-212 CATEGORY.• Contracts, Lease&Agreements DEPARTMENT. Fishers Island Ferry District FIFD-Angel Flights 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 February 21, 2017 regarding Angel Flights. Vote Record-Resolution RES-2017-212' ' 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr voter D i ❑ ❑ ❑ ❑ Supervisor's Appt William P.Ruland Voter 0 ❑ ❑ ❑ Jill Doherty Voter D ❑ Tax Receiver's Appt � ii ❑ ii Robert Ghosio Mover D ❑ Rescinded ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconde 0 ❑ I ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-213 CATEGORY.• Contracts,Lease&Agreements DEPARTMENT: Fishers Island Ferry District F7FD-Fairhaven Shipyard 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 February 21, 2017 regarding Fairhaven Shipyard. ✓Vote.Record-,Resolution RES-2017-213 0 Adopted Yes/Aye No/Nay Abstain I Absent ❑ Adopted as Amended James Dimzio Jr Mover D ❑ ❑ ❑ ❑ Defeated William P.Ruland Voter D ❑ ❑ ❑ ❑ Tabled Jill Doherty Seconde 0 ❑ ❑ ❑ 0 Withdrawn Robert Ghosio Voter 0 11 0 0 Southold Town Board Regular Meeting February 28, 2017 page 24 ❑ Supervisor's Appt Louisa P.Evans ( Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A Russell Voter 0 E ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2017-214 CATEGORY.- Attend Seminar DEPARTMENT. Town Attorney Baylinson Seminar RESOLVED that the Town Board of the Town of Southold hereby grants permission to Code Enforcement Officer Lester Baylinson to attend the 2017 Mandatory Code Updates at Stony Brook University, March 14, 15 & 16, 2017. ✓Vote Record-Resolution RES-2017-214 0 Adopted ❑ Adopted as Amended ❑ Defeatedi Yes/Aye No/Nay Abstain Absent ❑ Tabled 0 Withdrawn James Dimzio Jr Voter 0 i ❑ [I ❑ [I Supervisor's Appt William P Ruland Secondee{ 0 j 11 _ El ❑ Tax Receiver's Appt Jill D6herty Mover 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghoseo Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-215 CATEGORY. Local Law Public Hearing DEPARTMENT.• Town Clerk PH 4/11 7;31 PM LL Regarding Chapter 280-4 WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 28th day of February, 2017, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280-4, Agriculture." Southold Town Board Regular Meeting February 28, 2017 page 25 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 11th day of April, 2017 at 7:31 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 Chanter 2807. 4, Agriculture" reads as follows: LOCAL LAW NO. 2017 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280-4, Agriculture". BE IT ENACTED by the Town Board of the Town of Southold as follows: §280-4. Definitions. AGRICULTURE -The production, keeping or maintenance, for sale, lease or personal use, of plants and animals useful to man, including but not limited to forages and sod crops; grains and seed crops;,dairy animals and dairy products; poultry and poultry products; livestock, including, beef cattle, sheep, swine, horses, ponies, mules or goats or any mutation of hybrids thereof, including the breeding and grazing of any or all of such animals; bees and apiary products; fur animals; fruits of all kinds, including grapes, nuts and berries, vegetables; floral, ornamental and greenhouse products; or lands devoted to a soil conservation or forestry management program. AGRICULTURAL PRODUCTION-For the purposes of this Chapter, Agricultural Production shall include, but not be limited to,'the following: 1. A Farm Operation engaged in the production for sale of crops, livestock or livestock products, by a bona fide farm operation, or bona fide aquaculture/Mariculture farm operation, both as defined herein, which shall include but not be limited to: a. Field crops, for example corn, wheat, oats, rye, barley, hay,potatoes and dry beans; b. Fruits, for example apples, peaches, grapes, cherries, tomatoes and berries; C. Vegetables, for example snap beans, cabbage, carrots; beets and onions; d. Horticultural specialties, for example nursery-stock, ornamental shrubs, ornamental trees and flowers; e. Livestock and livestock products, for example cattle, sheep,hogs, goats, horses,poultry, ratites, such as ostriches, emus, rheas and kiwis, farmed deer, farmed buffalo, fur-bearing animals, milk, eggs and furs; f. Maple sap; g. Christmas trees derived from a managed Christmas tree operation whether dug for'transplanting or cut from the stump; h. Aquaculture-and Mariculture as defined herein; Southold Town Board Regular Meeting February 28, 2017 page 26 i. Biomass, which means crops raised for bioenergy, and shall include, but is not limited to, farm woodland, switch grass, giant reed, and miscanthus. j. Apiary, including the cultivation of bee colonies, bee honey, beeswax, and related products; AGRICULTURAL PRODUCTION BUILDING -An on farm operation building, or part of a building, primarily useful or necessary for crops in their harvested state in the conduct of Agricultural production, including but not limited to barns, silos, storage of mechanical equipment, storage of harvested crops, spaces, accessory alternative energy structures, animal pens, and other shelters. AGRICULTURAL PROCESSING - The on-farm processing of agricultural products at and from a single farm operation located within the Town of Southold, which has been converted from its original (raw) state into a processed or prepared product through applications of cooking, distilling fermenting crushing or straining, etc. Such processed agriculture products include, but are not limited to jams jellies, cheeses, potato chips,jerkies, meats, fowl, fish, breads, and baked goods, beer, wine and distilled alcoholic and non-alcoholic beverages. AGRICULTURAL PROCESSING BUILDING - An on farm operation building, or part of a building used for processing-,and storage of agricultural products of a single farm operation into processed agricultural products as defined herein. PROCESSED AGRICULTURAL PRODUCT - Agricultural product which has been converted from its original state into a distinct product by techniques such as cooking, distillation, fermentation crushing and straining. Examples of processed agricultural product include, without limitation jams jellies cheeses potato chips, meats, fowl, fish, wine and other alcoholic beverages. Simple washing cleaning, arranging or packaging of agricultural products shall not cause-the product to be considered"processed"under this definition. ON FARM OPERATION DIRECT MARKETING - The sale of raw or processed agricultural products that are produced by a bona fide farm operation or a bona fide aquaculture/Mariculture farm operation directly to consumers. ON FARM DIRECT MARKETING BUILDING -An on farm building, or part of a building, i used for the direct farm marketing of agricultural products and agricultural processed products from a single farm operation. FARM A site or series of adjoining par-eels tmder- single oy,%er-ship or-management deveted to agrieukur-al use.' FARM BUILDINGS All structures usefial or necessary fer-the cenduet of agr-ietiltufal aetivifie-s-, ineluding but not limited to barns, siles, meehanieal equipment storage sheds, animal pens 0 other shelters-. Southold Town Board Regular Meeting February 28, 2017 page 27 of retail sale of preduee grevai by the evvmer-of the stand on fafm aer-eage within the Town 0 SetAheld. Such stfueture may be one story or less, mofed or-have partial walls and floor-ifig b may not be eempletely enelesed exeept when the business is elosed. A fum stand may not be insulated or-meehanieally heated of eoeled by permanent equipment. A truek bed or-tfailer on wheels, with areas in exeess of 20 square feet displaying produee, shall be consider-ed-a stand. [Added.7de 5 13 1997 by L.L. ATS 8 1 997] FARM OPERATION- Means the land, including underwater lands used in aquaculture and Mariculture buildings used in agricultural production, on-farm agricultural processing buildings, on farm direct marketing buildings equipment, manure processing and handling facilities, and practices which contribute to the cultivation production preparation processing and marketing of crops livestock and livestock products freshwater or marine water products, including fish, fish products and/or water plants and shellfish as a commercial enterprise. The farm operation may consist of one or more parcels of owned or rented land, which parcels may be contiguous or noncontiguous to each other.- BONA FIDE FARM OPERATION - Indicators of a bona fide farm operation include, a farm operation, as defined herein, that: 1. Is located on land with not less than seven acres of land used as a farm operation in the preceding two years for the production or sale of crops livestock or livestock products of an average gross sales value of$10,000 or more, or 2. Is located on land of seven acres or less used as a farm operation in the preceding two years for the production or sale of crops, livestock or livestock products of an average gross sales value of$50,000 or more, or 3. Has been issued a farm stand operator permit. FARMHOUSE - A principal dwelling on a Farm Operation used exclusively by a farmer/owner/ operator who is in full time residence and actively engaged in farming the lands of the farm operation, or as housing for the Farm Operation's workers or occupied by key employee(s) of the Farm Operation. AQUACULTURE - The breeding, cultivation, planting, containment, er and harvesting of preduets organisms that are naturally predue€d occurring in freshwater , for example including finfishi,sheer mollusks such as snails and clams; crustaceans such as shrimp and crayfish; and seed aquatic plants. The term "aquaculture" is also commonly used to include marine water, or Maricultured species such as oysters bqy scallops lobsters and sugar kelp LAND-BASED AQUACULTURE - The cultivation of marine and freshwaters organisms in a man-made structure such as an on-land building or pond. .,Nny form of aquae„1twe that does r take plaee in a natur-al body of water or mark.- .11 v --efit. MARICULTURE - The cultivation of marine organisms in saltwater, for example finfish; mollusks such as snails oysters and clams-, crustaceans such as shrimp crabs and lobsters; and marine plants such as sugarp. BONA FIDE AQUACULTURE/MARICULTURE FARM OPERATION - Indicators of a Southold Town Board Regular Meeting February 28, 2017 page 28 bona fide aquaculture/Mariculture farm operation include, a farm operation, as defined herein, engaged in aquaculture and/or Mariculture that: 1. Has obtained all commercial cultivation and harvest permits required by the New York State Department of Environmental Conservation Law and a permit from either the New York State Department of Agriculture and Markets or the Suffolk County Department of Health Services when the farm stand offers on-premises consumption, and 2. Has access to underwater land, including, but not limited to, a lease, riparian rights, a grant fee title to underwater land, or a franchise within the Peconic Ba Ey stuar�or Town waters, or has land-based cultivation infrastructure. ROADSIDE FARM STAND -A'U^^*'', +a" or display area exeee inn cn less than 100-50 square feet in area located on a fafm parcel on which agrieu!Wral p,.^a„ets home grov.,fl.fruits, vegetables or plants are home grown and sold to the general public. 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-2017-215 lZ Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled - - -- James Dinizio Jr Voter ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt William P.Ruland Mover D ❑ ❑ ❑ El Receiver's Appt Jilt Doherty Voter � ❑ ( ❑ ❑ Robert Ghosw D ElVoter ( ❑ Rescinded ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconde lz ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-216 CATEGORY.• Property Acquisition Public Hearing DEPARTMENT. Land Preservation Southold Town Board Regular Meeting February 28, 2017 page 29 Steele Dev Rights-Set P.H.for 3/14/2017 RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, March 14, 2017, at 7:31 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of a development rights easement on property owned by David L. Steele and Sherry R. Steele. Said property is identified as part of SCTM #1000-108.-2-7.1. The address is 12500 County Road 48 in Mattituck. The property is located in the Agricultural-Conservation (A-C) Zoning District and is situated at the southeasterly corner of the intersection at County Road 48 and Elijah's Lane in Mattituck, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 16.388± acres (subject to survey) of the 19.388± acre parcel. The exact area of the proposed acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The easement will be acquired using Community Preservation Funds. The purchase price is $64,000 (sixty-four thousand dollars) per buildable acre, or approximately $1,048,832.00 (one million forty-eight thousand eight hundred thirty-two dollars) for the 16.388± acre easement, plus acquisition costs. Purchase price may be adjusted at time of closing based on final survey acreage determination. The property is listed on the Community Preservation Project Plan List of Eligible Parcels as property that should be preserved due to its agricultural value. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. ✓Vote Record--Resolution-RES-2017,-216, Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye i No/Nay Abstain Absent ❑ Tabled El Withdrawn James Dinizio Jr Voter Q I, El ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter Q El ❑ El ❑ Tax Receiver's Appt Jill Doherty Voter Q ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconde Q 1 ❑ 1 ❑ 1 ❑ ❑ Town Clerk's Appt Louisa P Evans Mover Q ❑ ❑ 1 ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-217 Southold Town Board Regular Meeting February 28, 2017 page 30 CATEGORY.• Contracts, Lease&Agreements DEPARTMENT.• Land Preservation Contract Change Order-PW Grosser Consulting Re:Sill Property RESOLVED that the Town Board of the Town of Southold hereby approves Change Order#1 to the Sill Remediation Proiect Contract with P.W. Grosser Consulting, Inc. in the net amount of$3,217.26,to cover unanticipated costs associated with stabilizing septic sludge for transport, subject to the approval of the Town Engineer and Town Attorney. "✓Vote Record=Resolution RES=2017-217 . Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter Q 1 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter Q j ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter Q ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans I Seconde Q I ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-218 CATEGORY.• Contracts,Lease&Agreements DEPARTMENT: Town Attorney Town Hall Phone System Purchase Agreement RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Purchase Agreement between the Town of Southold and Forerunner Technologies, Inc. for the replacement of the Town Hall phone system, which agreement includes the installation and warranty of telecommunications, internetworking and/or converged equipment ("Equipment") and/or licensed software, (collectively the "System") for the sum of$25,580.12, subject to the approval of the Town Attorney. ,✓Vote Record'-Resolution RES-2017-218 Q Adopted Yes/Aye No/Nay Abstain I Absent ❑ Adopted as Amended James Dmizio Jr Mover Q ( ❑ ❑ ❑ ❑ Defeated William P Ruland Seconde Q ❑ ❑ ❑ ❑ Tabled Jill Doherty Voter Q ❑ ❑ Withdrawn ❑ 11- ❑ Supervisor's Appt Robert Ghosio Voter Q 1 ❑ 1 ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Voter Q ❑ ❑ ❑ ❑ Rescinded Scott A.Russell Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Southold Town Board Regular Meeting February 28, 2017 page 31 ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2017-219 CATEGORY. Advertise DEPARTMENT. Town Clerk Advertise for Misc. Committees RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk's office to advertise for miscellaneous committee vacancies. ✓Vote Record-Resolution RES-2017-219 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled James Dinizio Jr Voter D El El❑ ❑ Withdrawn ❑ Supervisor's Appt William P.Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty I Mover 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ( ❑� ❑ ❑ ❑ No Action ❑ Lost 2017-220 CATEGORY. Contracts,Lease&Agreements DEPARTMENT.- Town Attorney Ratifies and Approves Memorandum of Agreement RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the Memorandum of Agreement between the Town of Southold and Employee#1864, dated February 28,2017, resolving pending charges pursuant to Civil Service Law Section 75. VVote Record-Resolution RES-2017=220 0 Adopted I I Yes/Aye j No/Nay Abstain Absent ❑ Adopted as Amended James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Defeated William P.Ruland Mover 0 ❑ ❑ ❑ ❑ Tabled Jill Doherty Voter 0 ❑ ❑ ❑ 11 Withdrawn Robert Ghosio I Voter 1 0 f 0 0 ❑ Southold Town Board Regular Meeting February 28, 2017 page 32 ❑ Supervisor's Appt Louisa P Evans Seconde Ef ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A.Russell Voter El ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2017-221 CATEGORY: Legislation DEPARTMENT: Town Attorney LL/Amendments to Chapter 280 Zoning Agriculture to SCPC&PB RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to transmit the proposed Local Law entitled "A Local Law in relation to Amendments to Chapter 280-4,Agriculture"to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations and reports. ✓Vote Reeord-Resolution RES-2017-221 * Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter ❑ I—--O — ❑ (—�-- ❑ Supervisor's Appt William P Ruland Voter 21 1 ❑ ❑ ❑ 11 Tax Receiver's Appt Jill Doherty Voter D ( ❑ ❑ � ❑ [I Rescinded Robert Ghosio SeconderCI 1 ❑ ❑ ❑ El Town Clerk's Appt Louisa P.Evans Mover d ; ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter d ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-222 CATEGORY.• Contracts, Lease &Agreements DEPARTMENT: Town Attorney 2017 Memorandum of Agreement Between Town of Southold and PBA RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the 2017 Memorandum of Agreement between the Town of Southold and the Southold Town Police Southold Town Board Regular Meeting February 28, 2017 page 33 Benevolent Association and hereby authorizes Supervisor Scott A. Russell to execute same on behalf of the Town of Southold. ✓Vote Record-Resolation RES-2017-222 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter D ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland -V—OterF 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 i ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover 0 f ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder D ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell - Voter D ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-223 CATEGORY.• Misc. Public Hearing DEPARTMENT: Town Clerk 9:00 AM- Public Hearing Coastal Erosion Appeal RESOLVED the Town Board of the Town of Southold hereby sets Tuesday, March 28, 2017 at 9:00 AM. at the Southold Town Meeting Hall, 53095 Main Road, Southold,New York as the time and place for a public hearing upon the Coastal Erosion Hazard Board of Review Appeal of the Mattituck Park District, which seeks relief from Section 111-4 and 111-6(3) of the Town Code to re-construct an existing dock in-kind within a nearshore area in a Coastal Erosion Hazard Area located on property on parcel SCTM# 1000-99-2-19.1, Mattituck Breakwater Shade Shelter, 5155 Breakwater Road, Mattituck,New York 11952, and directs the Town Clerk to publish notice of such appeal in the Suffolk Times newspaper not less than ten (10) days nor more than thirty (3 0) days prior to such hearing and to notify the applicant by first class mail. Vote Record-Resoluti6niRES-2017-223 0 Adopted ❑ Adopted as Amended —.-- ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled James Dimzio Jr I Mover I RI _❑ ❑ �— 0 ❑ Withdrawn William P Ruland Seconde 0 ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty Voter D ❑ ❑ ❑ ❑ Tax Receiver's Appt Robert Ghosio Voter D ❑ ❑ ❑ ❑ Rescinded Louisa P Evans Voter D ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A Russell Voter D ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action 0 Lost Southold Town Board Regular Meeting February 28, 2017 page 34 2017-224 CATEGORY: Contracts, Lease&Agreements DEPARTMENT. Fishers Island Ferry District FIFD-Engineers and Mechanics 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 February 21, 2017 regarding Engineers and Mechanics. ,/'Vote Record-Resolution RES-2017-224 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled — ❑ Withdrawn James Dinizio Jr Voter 0 [I11 ❑ ❑ Supervisor's Appt William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter7 0 ❑ ❑ 1 ❑ ❑ Supt Hgwys Appt Scott A Russell I Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-225 CATEGORY.• Attend Seminar DEPARTMENT: Assessors Suffolk County Assessors Association RESOLVED that the Town Board of The Town of Southold hereby grants permission to Claire Glew to join and attend meetings of the Suffolk County Assessors Association. Dues of$25.00 to be a legal charge against the Assessors 2017 budget. ✓Vote Record-Resolution RES-2017-225 0 Adopted Yes/Aye I No/Nay Abstain Absent ❑ Adopted as Amended James Dimzio Jr Voter D ❑ ❑ ❑ ❑ Defeated William P Ruland Mover 0 ❑ ❑ ❑ ❑ Tabled Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Withdrawn Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P.Evans Seconde 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A Russell Voter 1 0 0 0 ❑ Southold Town Board Regular Meeting February 28, 2017 page 35 ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2017-226 CATEGORY.• Employment-Town DEPARTMENT. Accounting Appoint Part Time Town Historian RESOLVED that the Town Board of the Town of Southold hereby appoints Amy Folk to the position of part-time Town Historian effective March 6,2017 at a rate of$19,805.00 per annum. ✓Vote Record-.Resolution RES-2017-226 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled �� ❑ Withdrawn James Dmizio Jr Voter Q El El ❑ Supervisor's Appt William P Ruland Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter Q ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconde Q 1 ❑ ❑ ❑ ❑ Town Cie k's Appt Louisa P Evans Mover Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-227 CATEGORY.• Retirement/Resignation DEPARTMENT. Town Clerk Resignation -Zoning Board of Appeals RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Kenneth W. Schneider from the Zoning Board of Appeals, effective March 17, 2017. ✓Vote Record=Resolution RES-2017=227 Q Adopted L Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended James Dmizio Jr Voter Q ❑ ❑ ❑ ❑ Defeated William P.Ruland Voter Q ❑ ❑ ❑ Southold Town Board Regular Meeting February 28, 2017 page 36 ❑ Tabled Jill Doherty Voter Q ❑ ❑ ❑ ❑ Withdrawn Robert Ghosio Mover Q ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P Evans Seconde Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost Comments regarding resolution 227 SUPERVISOR RUSSELL: I wish him well and I think this is a big loss for the Town of Southold and the Zoning Board of Appeals. He served for several years now, with distinction. 2017-228 CATEGORY.• Trailer Permit DEPARTMENT.• Town Attorney Mc Bride Trailers RESOLVED that the Town Board of the Town of Southold hereby grants approval of two (2) special trailer permit applications of Frank McBride & Sons,Inc., 10415 Oregon Road, Cutchogue,New York 11935 for a period of six (6) months from date of issuance to locate two (2) Trailers end to end on property located at 10415 Oregon Road, Cutchogue,New York 11935 SCTM#1000-83-2-16 to be used for the purpose of housing farm workers. ✓-Vote Record-Resolution RES-2017-228 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled El Withdrawn James Dinizio Jr Mover Q ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter El ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconde Q ❑ 1 ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-229 CATEGORY.• Committee Appointment Southold Town Board Regular Meeting February 28, 2017 page 37 DEPARTMENT: Town Clerk Appoint to Water Conservation Committee RESOLVED that the Town Board of the Town of Southold hereby appoints the following members to the Water Conservation Committee effective immediately, at no compensation: Name Term Expiration Christopher Biemiller March 31, 2019 Robin L. Simmen March 31, 2019 Susan Croce March 31, 2021 Jerry Martocchia March 31, 2021 Melvyn Morris March 31, 2021 ✓Vote Record'-Resolution RES-2017-229 a 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye j No/Nay Abstain Absent [I Tabled � — James Dmizio Jr Voter 0 ❑ Withdrawn ❑ ❑ ❑ ❑ Supervisor's Appt Wilham P Ruland Seconde lz 11 ❑ ❑ j Jill Doherty Mover ❑ Tax Receiver's Appt I D ❑ ❑ ( ❑ ❑ Rescinded Robert Ghosio Voter D ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter D ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter [Z ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-230 CATEGORY.• Enact Local Law DEPARTMENT, Town Clerk Enact LL Regarding Chapter 245 WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 14th day of February 2017, a Local Law entitled "A Local Law in relation to Amendments to Chapter 245, Taxation in Connection with Authorizing Exemptions from School District Taxes for Cold War Veterans and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Southold Town Board Regular Meeting February 28, 2017 page 38 Law entitled, "A Local Law in relation to Amendments to Chapter 245, Taxation in Connection with Authorizing Exemptions from School District Taxes for Cold War Veterans" reads as follows: LOCAL LAW NO. 3 of 2017 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 245, Taxation in Connection with Authorizing Exemptions from School District Taxes for Cold War Veterans". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The New York State Legislature has amended the New York State Real Property Tax Law to authorize School Districts to permit a tax exemption for Cold War Veterans upon approval of the School District. It is the intent of this local law to incorporate this Amendment in the Southold Town Code so that it is consistent with the New York State Real Property Tax Law. II. Chapter 245 of the Code of the Town of Southold is hereby amended as follows: 4245-18. Cold War Veterans Exemption. F. The exemption allowable under this Article may be extended to taxation of School Districts if the governing body of the School District in which the pro eegy is located adopts a resolution providing such exemption as provided in Section 458-b(2)(d)(i). Any Such resolution shall be provided to the Town of Southold Assessors' Office on or before March 1 for the assessment roll issued within the year. 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 apply to assessment rolls prepared on the basis of taxable status dates occurring on or after January 1, 2017. This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ✓Vote Record-Resolution RES-2017-230 - Q Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended James Dinizio Jr Voter R1 D ❑ ❑ ❑ Defeated William P Ruland Seconde Q ❑ ❑ ❑ ❑ Tabled ❑ Withdrawn - Jill Doherty Voter Q i ❑ ❑ ❑ - ❑ Supervisor's Appt Robert Ghosio Voter Q l ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Mover Q ❑ ❑ ❑ Scott A.Russell Voter Q ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt Southold Town Board Regular Meeting February 28, 2017 page 39 ❑ Supt Hgwys Appt ❑ No Action ❑ Lost Motion To: Motion to recess to Public Hearing RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed at 5:07 PM in order to hold a public hearing. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell VI. Public Hearings PH 2/28 4:31 Pm - Chapter 245 COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 14th day of February 2017, a Local Law entitled"A Local Law in relation to Amendments to Chapter 245, Taxation in Connection with Authorizing Exemptions from School District Taxes for Cold War Veterans and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the 28th day of February,2017 at 4:31 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 245, Taxation in Connection with Authorizing Exemptions from School District Taxes for Cold War Veterans" reads as follows: LOCAL LAW NO. 2017 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 245, Taxation in Connection with Authorizing Exemptions from School District Taxes for Cold War Veterans". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The New York State Legislature has amended the New York State Real Property Tax Law to authorize School Districts to permit a tax exemption for Cold War Veterans upon approval of the Southold Town Board Regular Meeting February 28, 2017 page 40 School District. It is the intent of this local law to incorporate this Amendment in the Southold Town Code so that it is consistent with the New York State Real Property Tax Law. II. Chapter 245 of the Code of the Town of Southold is hereby amended as follows: &245-18. Cold War Veterans Exemption. F. The exemption allowable under this Article may be extended to taxation of School Districts if the governing body of the School District in which the property is located adopts a resolution providing such exemption as provided in Section 458-b(2)(d)(i). Any Such resolution shall be provided to the Town of Southold Assessors' Office on or before March 1 for the assessment roll issued within the year. 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 apply to assessment rolls prepared on the basis of taxable status dates occurring on or after January 1, 2017. This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Councilman Robert Ghosio, Jr. I have here an affidavit that this has been noticed and published in the Suffolk Times as well as advertised on the Town Clerk's bulletin board as well as in the website. That's all I have. Supervisor Russell SUPERVISOR RUSSELL: I am going to offer anybody the opportunity that would like to comment on this proposed local law to please feel free? Just for clarification, this is what they call permissive legislation. This permits the schools to opt into the cold war veterans exemption. In other words, to extend the exemption against their levied taxes. It doesn't automatically do it. They would still need to take a separate action. Would anyone like to address the Town Board on this? (No response) Closing Comments Supervisor Russell SUPERVISOR RUSSELL: That finishes the business of the agenda. Would anybody like to address the Town Board on any issue? Please. Southold Town Board Regular Meeting February 28, 2017 page 41 Zarko Svatovic, Cutchogue ZARKO SVATOVIC: My name is Zarko Svatovic, I am a resident of Cutchogue. This issue I am trying to bring up to you is somewhat controversial. I am just telling you as a warning. I presented a, not the same issue but a similar issue about two years ago, when the Board advised me to start an Article 78 proceedings against the Town. That is the background of the issue. I would like to address you as the representatives of the electorate that elected you to these positions but I also would like to address you as interested parties into this subject matter, as a resident with vested interest in the subject matter. I am also addressing you in a dual role in a way. A role as a taxpayer of this town, on one hand I am the plaintiff who has brought an Article 78 against the Town, the lawsuit currently in the Supreme Court, State of New York Appellate division. That lawsuit was recommended by the Board for me to start in 2015 as the only option I had to deal with my problem at the time that we were dealing with. The Town at that time refused to consider any other option other than recommending that I start a lawsuit against the Town. Now a few years later, we are in the same predicament, the Town is again issuing the illegal permits to the property that is at stake. In my position here, I am a taxpayer. My position is somewhat conflicting, I am paying with my tax dollars to defend the town from the lawsuit that I brought against the town and on the other side, I am also forced to pay for the expenses of the lawsuit against the town in order to protect my rights to equitable and fair treatment as well as to protect the rights of other residents in a similar situation. As a taxpayer, I seriously object to unnecessary spending of tens of thousands of dollars and counting by the town because the town officials are breaking the law and the town is failing to its management duties function mandated by law and expected by the electorate. On November 13, 2013 I brought an article 78 lawsuit against the town and a few town officials. The legal term is the town and its official failure to perform their duties enjoined upon them by law. Since then, the issues have mushroomed into many directions that include beside real estate fraud, into the allegation of corruption and possibly some criminal activities. There are at least three other related lawsuits that are working their way through the New York State Supreme court system, all related to the illegal permits that the Town of Southold issued to private interests who are allegedly pursuing real estate fraud and theft of property. With the Town actions, the Town is fully complicit in this illegal activities, alleged illegal activities because there is no judgement yet. The matter has mushroomed into allegations, further mushroomed into allegations of the corruption of the Suffolk County tax map division which issued fraudulent tax maps for the same property as the Town of Southold issued illegal permits. And even more egregiously so of the corruption of the Suffolk County Supreme court justice system which condoned or arguably even facilitates the fraud. This quandary is not small, it allegedly involves theft of$500,000 of real estate by way of corruption of the government institution of the Suffolk County including Southold which may turn out to be a bigger offense than the fraud and theft of the said property itself. It's not a problem only in Southold, there's an open season on Long Island. Private interests are attempting to steal properties by corrupting the justice system all over Long Island, especially Suffolk County. However, there is a broader issues concerning society at large and the political system in power that will be decided in due time by the courts as those lawsuits work themselves through the court system, the problem is it may take years. The immediate concern should be to limit the damage to the town and the local taxpayers by the actions that can be taken now. there is no question that the town is breaking the law by ignoring the town codes and procedures when issuing illegal permits to non-owners of properties at the expense of the real owners which will Southold Town Board Regular Meeting February 28, 2017 page 42 be eventually be entitled for compensations from the town, that in addition to money that the town is money the town is spending defending town officials who are breaking the law. To the best of my understanding of the available evidence which I will submit to you in a written format or email it to you whichever way, the damage to the town is done by due to local interference of the town attorney's office into the town management of Southold and the evidence will show you what I mean as an example. The town is fully responsible for the actions of the attorney's office because it is responsible for the management of the town attorney's office and I don't believe the town is doing so. It could be more than meets the eyes but to find out more, the matters needs to be left to the authority (inaudible) we don't have now. The specific issues involve the illegal permits issued are complex but well within the scope of something a layman can understand if he or she is motivated enough to put their mind to it and read the documents that I will submit to you. As a matter of fact, it should be understood and resolved by a layman because they have very vested interests to understand those issues because it involves them and will affect them. I have submitted to you basically evidence of wrongdoing (inaudible) that the town is involved with so you can judge for yourself. The evidence is there and you can read it and decide whether or not this is true or not, all of the documents I have submitted are publicly available, so you can check whether they are true or not, so everything is there. And you can determine facts for yourself. Ignoring the situation would not be smart thing to do because it will get worse and far more expensive for the town as time goes and I don't see any reason why the town should not take corrective actions, improve the codes if necessary and make sure that these kinds of things do not happen. Thank you. SUPERVISOR RUSSELL: Thank you. MR. SVATOVIC: That's all I have to say and I would like to give you the documents now. SUPERVISOR RUSSELL: I will distribute them. Now I just wanted to give other people the opportunity to address the Town Board if they would like? Yes, please. Chris North, Greenport CHRIS NORTH: Chris North, Greenport. I call in support, in favor of the council of transportation, because I am a person that catches the transportation bus all the time. It can get some more researching and more involvement of better service. Waiting for a bus for a half an hour, an hour is ridiculous, I can say that waiting from one end to the east end basically, so if there is any way to where this system can work better I would ask the town to be in favor of this and work out the complications. Thank you. SUPERVISOR RUSSELL: Thank you. Would anyone else like to address the Town Board? Councilman James Dinizio,Jr. COUNCILMAN DINIZIO: I would like to make a comment,just to Mr. Tillman's comment of airing things on TV. You know, we, about a month ago we did some experimenting about how to go about recording the events and getting them on, we did some experimenting on that, okay, on trying to get all of those events at each meeting and there are labor problems. There are logistical problems that can't be solved the way Greenport solved them, I can tell you. Our ZBA meetings are all day long, so that means we would have to hire someone all day long. I am Southold Town Board Regular Meeting February 28, 2017 page 43 looking to perhaps not have to do that. We have negotiated an agreement with Cablevision and they have been very generous with an equipment budget but have not signed that agreement yet. so I pointed out the $100,000 that we just spent that we didn't have, we have about $180,000 in liability insurance policy that we did not plan for, so we are up to about $300,000 that we have spent this year, February 28. Two months and we have 10 more months to go. So I am basically waiting for that Cablevision money to be in hand and then we are going to start little by little, doing these. Mostly it's going to be the Town Board work session. I am hoping we can do it because I will be present. Then we have to work out the logistics. Some meetings are held not here, some of them are held in Cutchogue, some in the annex upstairs. We have the wiring figured out, we just have to figure how to turn that on and off. And not, and recognize that there are privacy issues with a live mic in a room that we need to be handled, too. Our work sessions need to be handled. So it's not just as easy as just putting it on like you see in Greenport. It's a bit more complicated, the meetings last much longer here than they do there. Be patient, once we get that money, we can get the work sessions on fairly easily. We also want to get them on Channel 22 for people that don't have access to the internet. And if you notice in Greenport, they are very involved there. It's a very involved group there and their meetings are pretty much always chock-full and people who can't make it, they are on there. I am watching it myself. So I understand the importance of it. But I also understand that I am not going to spend money that I simply don't have in hand yet. Art Tillman, Mattituck MR. TILLMAN: Well , I will be quite honest with you. The way that this was presented to me and I am quite technologically ignorant, I will admit to that, so in these cases, of course, you defer to someone who does know. The person I spoke to regarding this and I think this began this way in Greenport initially is that any private citizen can come in with a computer somehow and record and I think that's how it began. And again, I will be honest with you, this was brought up at a committee meeting of the Democratic party and our people, we haven't moved on it, but our people, if you guys didn't want to do it, this 'expert' said I will show you how to do it. That's all I know and now it's in place in Greenport and he says it only cost a couple of hundred dollars. So I speak out of ignorance but I also speak out of what was told to me both legally and technologically possible. COUNCILMAN DINIZIO: Technologically, it is all possible. MR. TILLMAN: Yes. COUNCILMAN DINIZIO: But it's just a question of how do we monitor that, how do we turn that on and off? Who is going to do that? Who is going to ensure that our work session when we go into executive session, doesn't go out on a live mic somewhere? Those are the problems that we have run into. And I have run into that already doing the experiment that I have done. MR. TILLMAN: Well, from what I have been told, whoever is speaking better be careful with their words. COUNCILMAN DINIZIO: It's not a question of that... Southold Town Board Regular Meeting February 28, 2017 page 44 MR. TILLMAN: Because they legally can be recorded if it's a meeting. COUNCILMAN DINIZIO: No, an executive session cannot be recorded. MR. TILLMAN: Can I defer to the lawyer? What do you know about this? TOWN ATTORNEY DUFFY: I will advise the Board in confidence but I (inaudible) COUNCILMAN DINIZIO: Thank you. MR. TILLMAN: Okay, so we are listening to different voices but I appreciate all efforts in that direction because we really don't want to do this. COUNCILMAN DINIZIO: Do what? MR. TILLMAN: That is, the Democratic Party doesn't want to come in here and start recording things. COUNCILMAN DINIZIO: I would love for you to do that. I would put it on Channel 22, anything you want to do. I would hope that it would be consistent. That every meeting that you start recording, that you keep recording. MR. TILLMAN: Well, here's the problem, that's the problem, when you are dealing with volunteers, you have problems with consistency. Scott's idea about the Southold technology department was a great idea. COUNCILMAN DINIZIO: That didn't work out, we had a meeting with all of the principals and schools, superintendents, and quite honestly what happens, you get a group of kids, they are good for a couple of weeks, months and you know, once you start it, you have to be consistent and you have to do it. Like I said, I was doing it, it was easy enough for me to do. I can go down and put it on channel 22 but honestly, what happens when I am not here? We need to work out those logistics and like I said, we are getting a good chunk of money that's allotted to that but again, it's not in hand. They simply haven't signed that contract as far as I can tell. Bill, you can tell me if that's true. SUPERVISOR RUSSELL: Can I just get back to the part when you said I had a good idea? MR. TILLMAN: Three years ago when I came in here... SUPERVISOR RUSSELL: We tried. MR. TILLMAN: And I.... SUPERVISOR RUSSELL: Ambitious but... , Southold Town Board Regular Meeting February 28, 2017 page 45 MR. TILLMAN: Yeah. I mean I was a high school teacher, I know what goes on. They have sports, they have this, they have that. They are unreliable. Somebody has to be paid. COUNCILMAN DINIZIO: Listen, you are welcome, look honestly, all of this, we have a gentleman who comes to every meeting. If we handed him a tripod and a camera and he sat in the back and recorded that and he came to the ZBA meetings and the Planning Board meetings, this is what you want, listen, there's no reason why I can't put that on to Minutetraq which is our internet connection and Channel 22. That takes 10 minutes. It's just a question of, again, I know you have to, when you have a live mic you have to be careful of what you say but there are things that people can say with personnel that we don't want to get on there but once it's on there, it's on there. That could be a sticky situation when you are talking about... MR. TILLMAN: Well, that could happen here, too, Jim. Generally it doesn't. People are generally respectful I think and you guys keep on top of bringing individuals or keeping them out. Well, anyway, thanks for your input and thanks for your consideration. Supervisor Russell SUPERVISOR RUSSELL: Thank you. Would anyone else like to address the Town Board? (No response) Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 5:30 P.M. Eliz eth A.Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell