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Home My WebLink AboutAG-10/10/2017 ELIZABETH A. NEVILLE Town Hall, 53095 Main Road TOWN CLERK PO Box 1179 Southold, NY 11971 REGISTRAR OF VITAL STATISTICS Fax (631) 765-6145 MARRIAGE OFFICER Telephone: (631) 765 - 1800 RECORDS MANAGEMENT OFFICER www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER AGENDA SOUTHOLD TOWN BOARD October 10, 2017 4:30 PM POLICY: At scheduled Town Board meetings, the attending public is encouraged to briefly address the Town Board relating to agenda resolutions prior to their enactment; the public will also be given time at the conclusion of the regularly scheduled business agenda to address the Board on any given topic. ONLINE ACCESS: The Agenda is generally available the Friday before the meeting. The video of the meeting is usually available 1-2 hours after the meeting. Minutes with adopted resolutions are available 1-2 days after the meeting. A full copy of the minutes, agenda and meeting video can be viewed in one of two ways: (1) The town of Southold website: www.southoldtownny.gov Click on “Town Board On- Line”; Click Box “Yes” to be redirected to IQM2 and you will then be redirected to the Town Clerk online site. (2) www.townclerk.com Enter zip code 11971 in box on lower right hand side and “enter”. On the left hand side of screen a dark blue box will pop up, you will see "Town of Southold, Long Island, NY", click on this and another box will pop up that will tell you that you are being directed to another site click on “Yes” to go into the Town Clerk site. Go to the date of the meeting and click on "Minutes Packet" this is the full copy of the resolutions. (Scroll to bottom of page for KEY to symbols). You can view the live video of the meeting by clicking on the camera symbol. All of this information is available 24/7. If you would like help navigating the site, please feel free to call my office 631-765-1800. CALL TO ORDER 4:30 PM Meeting called to order on October 10, 2017 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee NamePresentAbsentLateArrived Councilman James Dinizio Jr  Councilman William P. Ruland  Councilwoman Jill Doherty  Councilman Robert Ghosio  Justice Louisa P. Evans  Supervisor Scott A. Russell  Southold Town Meeting Agenda - October 10, 2017 Page 2 I. REPORTS 1. Zoning Board of Appeals Monthly Report September 2017 2. Programs for the Aging Monthly Report September 2017 3. Recreation Department Monthly Report September 2017 4. Town Clerk Monthly Report September 2017 5. Department of Public Works Monthly Report July 2017 August 2017 II. PUBLIC NOTICES 1. Liquor License Renewal Legends Restaurant III. COMMUNICATIONS IV. DISCUSSION 1. 10/10 - 9:00 Am PH Coastal Erosion Appeal 2. 9:45 AM Jeff Standish and Janet Douglass Construction of New Pickleball Courts 3. 10:00 AM Councilman Dinizio and Lloyd Reisenberg New Meeting Hall Audio System 4. 10:15 AM Jamie Garretson Recommendation by the HPC for the Plum Island LIghthouse & Fort Terry to be designated as Southold Town Landmarks 5. Councilwoman Doherty Proposed Rental Permit Law 6. Councilman Ruland Highway Building Dedication Update 7. Weight Limit on Peconic Bay Boulevard Southold Town Meeting Agenda - October 10, 2017 Page 3 8. Town Attorney L.I. Communications Contract 9. Town Attorney Code Change to Cold War Veterans Exemption 10. EXECUTIVE SESSION Proposed Acquisition, Sale or Lease of Real Property Where Publicity of Would Substantially Affect the Value Thereof 11:30 Melissa Spiro 11. EXECUTIVE SESSION Labor- Matters Involving the Employment of a Particular Person(S) Shellfish Advisory Committee Secretary Recommendation 12:00 Chief Flatley 12. EXECUTIVE SESSION Litigation New York State v. EPA 12:30 Nocro Limited v. Town of Southold: Heather Lanza, Donald Wilcenski, Michael Collins and Jamie Richter V. RESOLUTIONS 2017-827 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby October 10, 2017. Vote Record - Resolution RES-2017-827  Adopted Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  James Dinizio Jr  Tabled  Withdrawn  William P. Ruland  Supervisor's Appt  Jill Doherty Tax Receiver's Appt Robert Ghosio  Rescinded Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell No Action  Lost  Southold Town Meeting Agenda - October 10, 2017 Page 4 2017-828 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Next Town Board Meeting RESOLVED held, that the next Regular Town Board Meeting of the Southold Town Board be Tuesday, October 24, 2017 at Southold Town Hall, 53095 Main Road, Southold, New York at 7:30 P. M.. Vote Record - Resolution RES-2017-828  Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated James Dinizio Jr  Tabled  Withdrawn  William P. Ruland Supervisor's Appt  Jill Doherty  Tax Receiver's Appt  Robert Ghosio  Rescinded  Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell  No Action  Lost  2017-829 CATEGORY: Budget Modification DEPARTMENT: Accounting 2017 Budget Modification- Capital Financial Impact: Establish Approved Capital Project line WHEREAS the Town Board of the Town of Southold adopted a 2017 Capital Budget which includes an appropriation for drainage basins in Pike Street Parking Lot, and WHEREAS the Town’s Capital Budget process requires a resolution to formally establish Capital Budget items in the Capital Fund, now therefore be it RESOLVED authorizes the that the Town Board of the Town of Southold hereby establishment of the following Capital Projects and amends the 2017 Capital Budget as follows: Capital Project Name:FY2017 Pike Street Parking Lot Drainage Basins Southold Town Meeting Agenda - October 10, 2017 Page 5 Financing Method: Transfer from the General Whole Town Fund Budget: Revenues: H.5031.93 Interfund Transfers, Drainage $16,000 Total $16,000 Appropriations: H.8540.2.100.275 Pike St Lot Drainage Basin $16,000 Total $16,000 Vote Record - Resolution RES-2017-829  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  James Dinizio Jr  Tabled  Withdrawn  William P. Ruland  Supervisor's Appt  Jill Doherty Tax Receiver's Appt Robert Ghosio  Rescinded Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell No Action  Lost  2017-830 CATEGORY: Property Usage DEPARTMENT: Recreation Use of Goose Creek Beach-Southold UFSD RESOLVED that the Town Board of the Town of Southold does hereby grant permission to th Southold UFSD to use Goose Creek Beach (and have access to the restrooms) for a 5 grade ecology field trip from 9:00 a.m. to 1:00 p.m. on Friday, October 20, 2017. Applicant has filed with the Recreation Department a One Million Dollar Certificate of Insurance with and Twelve Million Dollar Excess Liability naming the Town of Southold as additional insured. Vote Record - Resolution RES-2017-830  Adopted  Yes/AyeNo/NayAbstainAbsent Adopted as Amended  James Dinizio Jr  Defeated  Tabled  William P. Ruland  Withdrawn Jill Doherty Supervisor's Appt Robert Ghosio  Tax Receiver's Appt Rescinded  Louisa P. Evans  Town Clerk's Appt  Scott A. Russell Supt Hgwys Appt  Southold Town Meeting Agenda - October 10, 2017 Page 6 No Action  Lost  2017-831 CATEGORY: Budget Modification DEPARTMENT: Police Dept Police Department-Budget Modification Financial Impact: Reallocation of budgetary funds to cover teh EMD classes for dispatch personnel RESOLVED modifies the 2017 General that the Town Board of the Town of Southold hereby Fund Whole town budget as follows: From: A.3020.4.600.300 Public Safety Comm/Misc. $500 A.3020.4.200.100 Public Safety Comm/Utilities/Telephone $585 Total $1,085 To: A.3020.4.600.400 Public Safety Comm/CE/Misc. $1,085 Total $1,085 Vote Record - Resolution RES-2017-831  Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated James Dinizio Jr  Tabled  Withdrawn  William P. Ruland Supervisor's Appt  Jill Doherty  Tax Receiver's Appt  Robert Ghosio  Rescinded  Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell  No Action Lost  2017-832 CATEGORY: Legal DEPARTMENT: Justice Court Southold Town Meeting Agenda - October 10, 2017 Page 7 East End Regional Intervention Court WHEREAS, pursuant to Section 170.15 of the Criminal Procedure Law, then acting Deputy Chief Administrative Judge Joseph J. Traficanti, Jr., on February 19, 2001, created a Drug Court Hub consisting of the Town and Village Courts for the Towns of East Hampton, Shelter Island, Southold, Southampton, and Riverhead; and WHEREAS, said Drug Court Hub has been designated as the East End Regional Intervention Court; and WHEREAS, C. Randall Hinrich, District Administrative Judge, has assigned Southold Town Justice Brian J. Hughes to serve the East End Regional Intervention Court; and WHEREAS, pursuant to Section 106 of the Uniform Justice Court Act, the Town of Southold should designate said Southold Town Justice Brian J. Hughes to serve in the East End Regional Intervention Court and adjudicate matters arising within the territorial jurisdiction of the Town of Southold Justice Court. NOW, THEREFORE, BE IT RESOLVED THAT Town Board of the Town of Southold hereby consents to Southold Town Justice Brian J. Hughes serving in all venues of the East End Regional Intervention Court at no additional compensation. Vote Record - Resolution RES-2017-832  Adopted Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  James Dinizio Jr  Tabled  Withdrawn  William P. Ruland Supervisor's Appt  Jill Doherty  Tax Receiver's Appt Robert Ghosio  Rescinded Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt  Scott A. Russell  No Action  Lost  2017-833 CATEGORY: Budget Modification DEPARTMENT: Justice Court 2017 Budget Modification Financial Impact: To cover the purchase of equipment from the JCAP award. Southold Town Meeting Agenda - October 10, 2017 Page 8 RESOLVED that the Town Board of the Town of Southold hereby modifies the 2017 General Fund Whole Town budget as follows: To: A.1110.2.200.600 Other Office Equipment Projector/Screen, Etc. $1175.00 From: A.3089.30 JCAP Grant $1175.00 To: A.1110.2.100.100 Furniture Desks $575.00 From: A.3089.30 JCAP Grant $575.00 Vote Record - Resolution RES-2017-833  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  James Dinizio Jr  Tabled  Withdrawn  William P. Ruland  Supervisor's Appt Jill Doherty Tax Receiver's Appt Robert Ghosio  Rescinded Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell No Action  Lost  2017-834 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Mattituck Lions Club Halloween Parade Financial Impact: Police Department Cost Analysis: $106.42 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Mattituck Lions Club to use the following roads for its Annual Halloween Parade in Mattituck, on Tuesday, October 31, 2017 beginning at 6:00 PM: beginning at the Firehouse, west on Pike Street, south on Westphalia Road, east on Old Sound Avenue, north on Love Lane, east on Pike Street to Mattituck High School, provided they adhere to the Town of Southold Policy for Special Events on Town Properties and Roads. All Town fees for this event, with the exception of the Clean-up Deposit, are waived. Southold Town Meeting Agenda - October 10, 2017 Page 9 Vote Record - Resolution RES-2017-834  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated James Dinizio Jr Tabled Withdrawn William P. Ruland  Supervisor's Appt  Jill Doherty  Tax Receiver's Appt  Robert Ghosio Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell  No Action Lost 2017-835 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Drew McCaffery Memorial 7K Run/Walk Financial Impact: Police Department Cost Analysis: $757.10 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Brother of Drew to use town roads for its Drew McCaffery Memorial 7K Run/Walk in Cutchogue on Saturday, November 11, 2017 beginning at 8:00 AM. Exact route of the race to be coordinated Chief Flatley and Michael McCaffery. All Town fees for this event, with the exception of the Clean-up Deposit, are waived. Vote Record - Resolution RES-2017-835  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  James Dinizio Jr  Tabled  Withdrawn William P. Ruland  Supervisor's Appt Jill Doherty Tax Receiver's Appt  Robert Ghosio  Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell No Action  Lost  Southold Town Meeting Agenda - October 10, 2017 Page 10 2017-836 CATEGORY: Grants DEPARTMENT: Solid Waste Management District HHW Grant Application WHEREAS , the State of New York provides financial aid for household hazardous waste programs; and WHEREAS the Town of Southold, herein called the Municipality, has examined and duly considered the applicable laws of the State of New York and the Municipality deems it to be in the public interest and benefit to file an application under these laws; and WHEREAS , it is necessary that a Contract between the People of the State of New York, herin called the State, and the Municipality be executed for such State aid; NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Southold: 1. That the filing of an application in the form required by the State of New York in conformity with applicable laws of the State of New York including all understanding and assurances contained in said application is hereby authorized; 2. That Supervisor Scott A. Russell or his designee is directed and authorized as the official representative of the Municipality to act in connection with the application and to provide such additional information as may be required and to sign the resulting contract if said application is approved by the State; 3. That the Municipality agrees that it will fund the entire cost of said Household Hazardous Waste Program and will be reimbursed by the State for the State share of such costs; 4. That five (5) certified copies of this Resolution be prepared and sent to the NYS Department of Environmental Conservation together with a complete application. 5. That this resolution shall take effect immediately. Vote Record - Resolution RES-2017-836  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated James Dinizio Jr Tabled Withdrawn  William P. Ruland  Supervisor's Appt  Jill Doherty  Tax Receiver's Appt  Robert Ghosio Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell  No Action Lost Southold Town Meeting Agenda - October 10, 2017 Page 11 2017-837 CATEGORY: Attend Seminar DEPARTMENT: Public Works PSEG Workshop RESOLVED that the Town Board of the Town of Southold hereby grants permission to Tim Abrams to attend a seminar on PSEG Large Customer Symposium in Farmingdale, NY, on October 24, 2017. All expenses for registration (free), travel (mileage only) to be a legal charge (n/a) to the 2017 budget (meetings and seminars). Vote Record - Resolution RES-2017-837  Adopted Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  James Dinizio Jr  Tabled  Withdrawn  William P. Ruland Supervisor's Appt  Jill Doherty  Tax Receiver's Appt Robert Ghosio  Rescinded Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt  Scott A. Russell  No Action  Lost  2017-838 CATEGORY: Authorize to Bid DEPARTMENT: Information Technology Advertise for the Sale of Used Equipment - IT RESOLVED that the Town Board of the Town of Southold hereby declares various computer equipment to be surplus and be it further RESOLVED that the Town Clerk’s office is hereby authorized and directed to advertise same for sale. Complete list of equipment is available in the Town Clerk’s office. Vote Record - Resolution RES-2017-838  Adopted  Yes/AyeNo/NayAbstainAbsent Adopted as Amended  James Dinizio Jr  Defeated  William P. Ruland Tabled  Withdrawn  Jill Doherty  Supervisor's Appt Robert Ghosio  Tax Receiver's Appt Louisa P. Evans Rescinded  Southold Town Meeting Agenda - October 10, 2017 Page 12 Town Clerk's Appt  Scott A. Russell  Supt Hgwys Appt  No Action Lost 2017-839 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Terminate the Employment of Employee #44510 RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted September 29, 2017 that terminates the employment of employee #44510 effective September 29, 2017. Vote Record - Resolution RES-2017-839  Adopted  Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated James Dinizio Jr Tabled Withdrawn  William P. Ruland  Supervisor's Appt  Jill Doherty  Tax Receiver's Appt  Robert Ghosio Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt Scott A. Russell  No Action Lost 2017-840 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Accept Resignation of Ryan Jennette RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted September 29, 2017 that accepts the resignation effective August 31, 2017 of Ryan Jennette, Deckhand (FIFD) for the Fishers Island Ferry District. Vote Record - Resolution RES-2017-840  Adopted  Yes/AyeNo/NayAbstainAbsent Adopted as Amended  Southold Town Meeting Agenda - October 10, 2017 Page 13 Defeated  James Dinizio Jr  Tabled  William P. Ruland Withdrawn Jill Doherty  Supervisor's Appt Tax Receiver's Appt Robert Ghosio  Rescinded  Louisa P. Evans Town Clerk's Appt  Scott A. Russell  Supt Hgwys Appt  No Action  Lost  2017-841 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District SWMD Budget Mods Financial Impact: Allow for purchase of high-vizibility safety shirts for TS staff. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2017 Solid Waste Management District budget as follows: From: SR 8160.1.300.100 Temp/Seasonal Employee-Reg Earnings $ 25 SR 8160.2.500.200 Garage & Shop Equipment 800 SR 8160.4.100.576 Maint/Supply – Windrow Turner 350 Total $1,175 To: SR 8160.1.300.200 Temp/Seasonal Employee-OT Earnings $ 25 SR 8160.4.100.130 Safety Supplies 1,150 Total $1,175 Vote Record - Resolution RES-2017-841  Adopted  Yes/AyeNo/NayAbstainAbsent Adopted as Amended  James Dinizio Jr  Defeated  Tabled  William P. Ruland  Withdrawn Jill Doherty  Supervisor's Appt Robert Ghosio Tax Receiver's Appt  RescindedLouisa P. Evans  Town Clerk's Appt  Scott A. Russell  Supt Hgwys Appt  No Action  Southold Town Meeting Agenda - October 10, 2017 Page 14 Lost  2017-842 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Fishers Island Ferry District FIFD Fairhaven Shipyard Co., Inc. 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 September 29, 2017 in regard to Fairhaven Shipyard Co., Inc. Vote Record - Resolution RES-2017-842  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  James Dinizio Jr  Tabled  Withdrawn William P. Ruland  Supervisor's Appt Jill Doherty Tax Receiver's Appt Robert Ghosio  Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell No Action  Lost  2017-843 CATEGORY: Legal DEPARTMENT: Fishers Island Ferry District FIFD - Claim Elizabeth Rutherfurd 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 September 29, 2017 in regard to settlement of calim for Elizabeth Rutherfurd. Vote Record - Resolution RES-2017-843  Yes/AyeNo/NayAbstainAbsent Adopted  Adopted as Amended  James Dinizio Jr Defeated  William P. Ruland  Tabled  Jill Doherty  Withdrawn  Supervisor's Appt Robert Ghosio Southold Town Meeting Agenda - October 10, 2017 Page 15 Tax Receiver's Appt  Louisa P. Evans  Rescinded  Scott A. Russell Town Clerk's Appt Supt Hgwys Appt No Action Lost  2017-844 CATEGORY: Employment - Town DEPARTMENT: Accounting Amend Resolution Number 2015-214 RESOLVED that the Town Board of the Town of Southold hereby amends Resolution No. 2015-214 dated February 24, 2015 to read as follows: WHEREAS, the State of New York has set additional reporting requirements in Section 315.4 of the New York Codes, Rules and Regulations which requires all elected and appointed officials whose terms start on or after August 12, 2009, who are members of the New York State and Local Retirement System and who do not participate in their employer’s time keeping system to prepare a log of their work-related activities for three consecutive months and submit their logs to the clerk or secretary of the governing body within 150 days of the start of their term; NOW THEREFORE, BE IT RESOLVED that the Town Board of the Town of Southold hereby establishes the following as standard workdays for elected and appointed officials and will report the following days worked to the New York State and the Local Employees’ Retirement System based on the record of activities maintained and submitted by these officials to the clerk of this body: Title Name Standard Term Begins/ Participates in Record of Activities Work Ends Employer’s Result Day Time Keeping (Hrs/day) System Zoning Board of Appeals Eric Dantes 6 1/1/15-12/31/19 N 3.53 days/month BE IT FURTHER RESOLVED, that said standard is being established to meet the accounting requirements of the New York State Employees Retirement System for calculation of retirement benefits, and BE IT FURTHER RESOLVED, that the Town Clerk be and she hereby is authorized to send a certified copy of this resolution to the New York State Employees Retirement System. I, Elizabeth A. Neville, Town Clerk of the governing board of the Town of Southold of the State of New York, do hereby certify that I have compared the foregoing with the original resolution passed by such Southold Town Meeting Agenda - October 10, 2017 Page 16 24th day of February 2015 board, at a legally convened meeting held on the on file as part of the minutes of such meeting, and that the same is a true copy thereof and the whole of such original. I further certify that the full board, consists of six (6) members, and that five (5) of such members were present at such meeting and the five (5) of such members vote in favor of the above resolution. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Town of Southold, on this th 24 day of February 2015. S E A L ____________________________________ Elizabeth A. Neville Town Clerk Town of Southold Vote Record - Resolution RES-2017-844  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  James Dinizio Jr Tabled Withdrawn William P. Ruland  Supervisor's Appt Jill Doherty  Tax Receiver's Appt  Robert Ghosio Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell  No Action  Lost 2017-845 CATEGORY: Public Service DEPARTMENT: Fishers Island Ferry District FIFD - FI Identification Cards 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 September 29, 2017 in regard to Fishers Island Identification cards. Vote Record - Resolution RES-2017-845  Adopted  Yes/AyeNo/NayAbstainAbsent Adopted as Amended  Defeated James Dinizio Jr  Tabled William P. Ruland  Withdrawn  Jill Doherty Supervisor's Appt  Robert Ghosio Tax Receiver's Appt  Rescinded  Louisa P. Evans  Town Clerk's Appt  Southold Town Meeting Agenda - October 10, 2017 Page 17 Supt Hgwys Appt  Scott A. Russell  No Action  Lost 2017-846 CATEGORY: Refund DEPARTMENT: Town Clerk Yard Sale Permit Refund RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund of $15.00 to Cheryl Kennedy 70 Maine Avenue Apt. 22 Rockville Centre, NY 11570 for a Yard Sale Permit that she was unable to use due to unforeseen circumstances. Vote Record - Resolution RES-2017-846  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated James Dinizio Jr Tabled Withdrawn William P. Ruland  Supervisor's Appt  Jill Doherty  Tax Receiver's Appt  Robert Ghosio Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell  No Action Lost 2017-847 CATEGORY: Employment - Town DEPARTMENT: Accounting Accepts Resignation of James McMahon RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of James McMahon from the position of PT Land Management Specialist II effective close of business October 25, 2017. Vote Record - Resolution RES-2017-847  Adopted  Yes/AyeNo/NayAbstainAbsent Adopted as Amended James Dinizio Jr Defeated William P. Ruland  Tabled  Southold Town Meeting Agenda - October 10, 2017 Page 18 Withdrawn  Jill Doherty  Supervisor's Appt  Robert Ghosio Tax Receiver's Appt Louisa P. Evans  Rescinded Town Clerk's Appt Scott A. Russell  Supt Hgwys Appt  No Action  Lost  2017-848 CATEGORY: Attend Seminar DEPARTMENT: Town Attorney Town Attorney to Attend Seminar RESOLVED that the Town Board of the Town of Southold hereby grants permission to Town October Attorney, William M. Duffy to attend the seminar entitled “Supreme Court Review” on 27, 2017 with sessions taking place at Touro Law School, Central Islip, N Y. All expenses for registration and travel are to be a charge to the 2017 Town Attorney budget. Vote Record - Resolution RES-2017-848  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  James Dinizio Jr Tabled Withdrawn William P. Ruland  Supervisor's Appt Jill Doherty  Tax Receiver's Appt  Robert Ghosio Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell  No Action  Lost 2017-849 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint Gary Iorio PT Court Officer RESOLVEDappoints Gary Iorio to the that the Town Board of the Town of Southold hereby position of Part Time Court Officer for the Justice Court effective October 12, 2017 at a rate Southold Town Meeting Agenda - October 10, 2017 Page 19 of $30.40 per hour, not to exceed 17.5 hours per week. Vote Record - Resolution RES-2017-849  Adopted Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  James Dinizio Jr  Tabled  Withdrawn  William P. Ruland  Supervisor's Appt  Jill Doherty Tax Receiver's Appt Robert Ghosio  Rescinded Town Clerk's Appt Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell No Action  Lost  2017-850 CATEGORY: Public Service DEPARTMENT: Town Clerk Appoint a Temporary Marriage Officer RESOLVED that the Town Board of the Town of Southold hereby appoints Major William C. Grigonis. as a Temporary Marriage Officer for the Town of Southold, on Saturday, November 12, 2017 only, to serve at no compensation. Vote Record - Resolution RES-2017-850  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  James Dinizio Jr  Tabled  Withdrawn William P. Ruland  Supervisor's Appt Jill Doherty Tax Receiver's Appt Robert Ghosio  Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell No Action  Lost  2017-851 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Southold Town Meeting Agenda - October 10, 2017 Page 20 Acknowledges the Retirement of Donald Brown WHEREAS, the Town of Southold has received email notification on October 5, 2017 from the NYS Retirement System concerning the retirement of Donald F. Brown effective October 1, 2017 and has forwarded the same via email on October 5, 2017 to the Fishers Island Ferry District, and WHEREAS, the Town Board of the Town of Southold is required to approve the retirement of employees of the Fishers Island Ferry District, now therefore be it RESOLVEDacknowledges the that the Town Board of the Town of Southold hereby retirement of Donald F. Brown for the Fishers Island Ferry District effective October 1, 2017. Vote Record - Resolution RES-2017-851  Adopted  Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated James Dinizio Jr Tabled Withdrawn  William P. Ruland  Supervisor's Appt  Jill Doherty  Tax Receiver's Appt  Robert Ghosio Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt Scott A. Russell  No Action Lost  2017-852 CATEGORY: Grants DEPARTMENT: Supervisor Southold Recreation Center Entrance Ramp and Power Doors- CDBG Funds Project RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the construction of power doors and an entrance ramp at the Southold Town Recreation Center, all in accordance with the specifications as prepared by the Town Engineers. . Vote Record - Resolution RES-2017-852  Yes/AyeNo/NayAbstainAbsent Adopted  Adopted as Amended  James Dinizio Jr Defeated  William P. Ruland  Tabled  Jill Doherty  Withdrawn  Supervisor's Appt Robert Ghosio Southold Town Meeting Agenda - October 10, 2017 Page 21 Tax Receiver's Appt  Louisa P. Evans  Rescinded  Scott A. Russell Town Clerk's Appt Supt Hgwys Appt No Action Lost  2017-853 CATEGORY: Employment - Town DEPARTMENT: Accounting Acknowledges Retirement Miriam L Richards WHEREAS, the Town of Southold has received email notification on October 6, 2017 from the NYS Retirement System concerning the retirement of Miriam L. Richards, effective October 28, 2017 now therefore be it RESOLVEDacknowledges the intent to that the Town Board of the Town of Southold hereby retire of Miriam L. Richards from the position of Recreation Program Coordinator for the Human Resource Center effective October 28, 2017. Vote Record - Resolution RES-2017-853  Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated  James Dinizio Jr  Tabled  Withdrawn  William P. Ruland Supervisor's Appt  Jill Doherty  Tax Receiver's Appt  Robert Ghosio  Rescinded Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt  Scott A. Russell  No Action  Lost  2017-854 CATEGORY: Employment - Town DEPARTMENT: Accounting Acknowledges Retirement William H Price Jr. Southold Town Meeting Agenda - October 10, 2017 Page 22 WHEREAS, the Town of Southold has received email notification on October 6, 2017 from the NYS Retirement System concerning the retirement of Justice William H. Price Jr. effective January 1, 2018 now therefore be it RESOLVEDacknowledges the intent to that the Town Board of the Town of Southold hereby retire of Justice William H. Price Jr. effective January 1, 2018. Vote Record - Resolution RES-2017-854  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated James Dinizio Jr Tabled Withdrawn  William P. Ruland  Supervisor's Appt  Jill Doherty  Tax Receiver's Appt  Robert Ghosio Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell  No Action Lost 2017-855 CATEGORY: Budget Modification DEPARTMENT: Accounting 2017 Budget Modification- Capital Financial Impact: Transfer capital funds from roads to drainage RESOLVED that the Town Board of the Town of Southold hereby modifies the Capital Fund budget as follows: From: H.5112.2.400.100 FY 2017 Road Resurfacing $24,000 Total $24,000 To: H.8540.2.100.300 Whistler Ave Drainage $24,000 Total $24,000 Vote Record - Resolution RES-2017-855  Adopted Yes/AyeNo/NayAbstainAbsent Adopted as Amended James Dinizio Jr Defeated  Southold Town Meeting Agenda - October 10, 2017 Page 23 Tabled  William P. Ruland  Withdrawn  Jill Doherty Supervisor's Appt Robert Ghosio  Tax Receiver's Appt Rescinded Louisa P. Evans  Town Clerk's Appt  Scott A. Russell Supt Hgwys Appt  No Action  Lost  2017-856 CATEGORY: Bid Acceptance DEPARTMENT: Engineering Accept Proposal for Whistler Avenue Drainage Project RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal from B&W Paving & Landscaping, LLC dated August 16, 2017, in the total amount of $24,000.00 for the installation of drainage improvements on Whistler Avenue, all in accordance with the Town Attorney and be it further RESOLVED that the Town Board hereby authorizes and directs Supervisor Scott A. Russell to sign a contract with B&W Paving & Landscaping, LLC for same, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2017-856  Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated James Dinizio Jr  Tabled  Withdrawn  William P. Ruland Supervisor's Appt  Jill Doherty  Tax Receiver's Appt  Robert Ghosio  Rescinded  Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell  No Action  Lost  2017-857 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney Southold Town Meeting Agenda - October 10, 2017 Page 24 Ph - 10/24 - 7:30 Pm Chapter 245 Taxation WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk th “A Local Law in County, New York, on the 10 day of October, 2017, a Local Law entitled relation to Amendments to Chapter 245 Taxation, in connection with the Cold War Veterans Exemption” 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 Southold Town Hall, 53095 Main Road, Southold, New York, on the 24th day of October, 2017 at 7:30 p.m. at which time all interested persons will be given an opportunity to be heard. “A Local Law in relation to Amendments to Chapter 245 The proposed Local Law entitled, Taxation, in connection with the Cold War Veterans Exemption” reads as follows: LOCAL LAW NO. 2017 “A Local Law in relation to Amendments to Chapter 245 Taxation, in A Local Law entitled, connection with the Cold War Veterans Exemption” . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. To amend Chapter 245 to remove the ten year time limit on the Cold War Veterans property tax exemption as recently authorized by the New York State Code. II. Chapter 245 of the Code of the Town of Southold is hereby amended as follows: § 245-17 Definitions COLD WAR VETERAN - A person, male or female, who served on active duty for a period of more than 365 days in the United States armed forces, during the time period from September 2, 1945 to December 26, 1991, was discharged or released therefrom under honorable conditions and has been awarded the Cold War recognition certificate as authorized under Public Law 105- 85, the 1998 National Defense Authorization Act. § 245-18 Exemption granted. A. Qualifying residential real property shall be exempt from taxation to the extent of 15% of the assessed value of such property; provided, however, that such exemption shall not exceed $54,000 or the product of $54,000 multiplied by the latest state equalization or the latest class ratio, whichever is less. B. In addition to the exemption provided by Subsection A of this section, where the Cold War veteran received a compensation rating from the United States Department of Southold Town Meeting Agenda - October 10, 2017 Page 25 Veterans Affairs or from the United States Department of Defense because of a service-connected disability, qualifying residential real property shall be exempt from taxation to the extent of the product of the assessed value of such property multiplied by 50% of the Cold War veteran disability rating; provided, however, that such exemption shall not exceed $180,000 or the product of $180,000 by the latest state equalization rate or the latest class ratio, whichever is less. C. If a Cold War veteran receives the exemption under Article VI of this Chapter, the Cold War veteran shall not be eligible to receive the exemption under this section. D. The exemption provided by Subsection A of this section shall be granted for a period of 10 years. The commencement of such ten-year period shall be governed pursuant to this subsection. Where a qualified owner owns qualifying residential real property on the effective date of this section, such ten-year period shall be measured from the assessment roll prepared pursuant to the first taxable status date occurring on or after the effective date of this section. Where a qualified owner does not own qualifying residential real property on the effective date of this section, such ten-year period shall be measured from the assessment roll prepared pursuant to the first taxable status date occurring at least 60 days after the date of purchase of qualifying residential real property; provided, however, that should the veteran apply for and be granted an exemption on the assessment roll prepared pursuant to a taxable status date occurring within 60 days after the date of purchase of residential real property, such ten-year period shall be measured from the first assessment roll in which the exemption occurs. If, before the expiration of such ten-year period, such exempt property is sold and replaced with other residential real property, such exemption may be granted pursuant to this subsection for the unexpired portion of the ten-year exemption period. D. E. Application for exemption shall be made by the owner, or all of the owners, of the property on a form prescribed by the state board. The owner or owners shall file the completed form in the Assessor's Office on or before the first appropriate taxable status date. The owner or owners of the property shall not be required to refile each year. Applicants shall refile on or before the appropriate taxable status date. Applicants that have previously filed and received a Cold War Veterans Exemption with a pending expiration date shall not be required to file and the Exemption shall renew automatically without an expiration date. Any applicant convicted of willfully making any false statement in the application for such exemption shall be subject to the penalties prescribed in the Penal Law. E. 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 § 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. II. 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. Southold Town Meeting Agenda - October 10, 2017 Page 26 IV.EFFECTIVE DATE This Local Law shall take effect January 1, 2018 after filing with the Secretary of State as provided by law. Vote Record - Resolution RES-2017-857  Adopted Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  James Dinizio Jr  Tabled  Withdrawn  William P. Ruland  Supervisor's Appt  Jill Doherty Tax Receiver's Appt Robert Ghosio  Rescinded Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell No Action  Lost  2017-858 CATEGORY: Public Service DEPARTMENT: Town Attorney NFPC - Trolley RESOLVED that the Town Board of the Town of Southold, in the interest of promoting the various highlights of the Town of Southold and to aid in the lessening of traffic during what is fast becoming a peak season for tourism, hereby authorizes a one time payment of $4000 to the North Fork Promotion Council for the sponsorship of their Trolley program. Vote Record - Resolution RES-2017-858  Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated James Dinizio Jr  Tabled  Withdrawn  William P. Ruland Supervisor's Appt  Jill Doherty  Tax Receiver's Appt  Robert Ghosio  Rescinded  Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell  No Action Lost  Southold Town Meeting Agenda - October 10, 2017 Page 27 2017-859 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint Secretary-Shellfish Advisory Committee RESOLVED that the Town Board of the Town of Southold hereby appoints Laura Arena as secretary to the Shellfish Advisory Committee effective October 16, 2017 not to exceed five (5) hours per week in addition to her regular 35 hour work week, regardless of the number of committees she serves. Vote Record - Resolution RES-2017-859  Adopted Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  James Dinizio Jr  Tabled  Withdrawn  William P. Ruland Supervisor's Appt  Jill Doherty  Tax Receiver's Appt  Robert Ghosio  Rescinded Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt  Scott A. Russell  No Action  Lost  2017-860 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney LI Telecommunications & Electronic Services, Inc. RESOLVED, that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an agreement with Long Island Telecommunications & Electronic Services, Inc. regarding the temporarily lease of a dedicated radio frequency for use by the Southold Police Department, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2017-860  Adopted  Yes/AyeNo/NayAbstainAbsent Adopted as Amended James Dinizio Jr Defeated Tabled William P. Ruland  Withdrawn  Jill Doherty  Supervisor's Appt  Robert Ghosio Tax Receiver's Appt  Rescinded  Louisa P. Evans  Town Clerk's Appt  Scott A. Russell  Supt Hgwys Appt Southold Town Meeting Agenda - October 10, 2017 Page 28 No Action  Lost  2017-861 CATEGORY: Legal DEPARTMENT: Fishers Island Ferry District Letter of Intent - Walsh RESOLVED, that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a Letter of Intent between the Town of Southold, the Fishers Island Ferry District, and the Walsh Park Benevolent Corporation for the potential lease of the a portion of the premises located on Fishers Island known as Building No. 209, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2017-861  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  James Dinizio Jr Tabled Withdrawn William P. Ruland  Supervisor's Appt Jill Doherty  Tax Receiver's Appt  Robert Ghosio Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell  No Action  Lost 2017-862 CATEGORY: Coastal Erosion DEPARTMENT: Town Attorney Application of Betty Edwards Johnson - Coastal Erosion Appeal WHEREAS, the Board of Trustees denied the application of Betty Edwards Johnson (the “Applicant”) requesting a coastal erosion hazard area permit to construct 110’ of rock revetment along eroded bank; remove remains of crib dock and remains of damaged timber dock and to install 4’x70’ fixed dock; a 4’x20’ ramp with rails; and an 8’x12’ floating dock with 18” legs at each corner to prevent float from resting on bottom at low tide; remove and replace existing embankment stairs at SCTM #1000-010-3-1, under the Coastal Erosion Hazard Areas Law (the “Law”) of the Town of Southold pursuant to Section 111-11(c); and Southold Town Meeting Agenda - October 10, 2017 Page 29 WHEREAS, on September 8, 2017, the Applicant submitted an application to the Town Board of the Town of Southold seeking to appeal the determination of the Board of Trustees, or in the alternative, seeking a variance from the requirements of the Law; and WHEREAS, on October 10, 2017, the Town Board conducted a duly noticed public hearing on the instant appeal with an opportunity for all interested parties to be heard and testimony was taken of the Applicant’s consultant; and WHEREAS, the application has been reviewed pursuant to Chapter 268, Waterfront Consistency Review of the Town Code and the Local Waterfront Revitalization Program; now, therefore, be it RESOLVEDdoes hereby adopt the Findings that the Town Board of the Town of Southold and Determination dated October 10, 2017, granting the application of Betty Edwards coastal erosion hazard area permit pursuant to §111-20 of the Coastal Erosion Johnson for a Hazard Area Code ; and be it further RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed action is classified as a Type II Action and is not subject to review pursuant to SEQRA Rules and Regulations for this action; and be it further RESOLVED that the Town Board had determined that this action is consistent with Chapter 268, Local Waterfront Revitalization Program; and be it further RESOLVED that this Determination shall not affect or deprive any other agency of its properly asserted jurisdiction, separate and apart from the proceedings under the Coastal Erosion Hazard Areas Law considered herein. Vote Record - Resolution RES-2017-862  Adopted  Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated James Dinizio Jr Tabled Withdrawn  William P. Ruland  Supervisor's Appt  Jill Doherty  Tax Receiver's Appt  Robert Ghosio Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt Scott A. Russell  No Action Lost  2017-863 Southold Town Meeting Agenda - October 10, 2017 Page 30 CATEGORY: Bond DEPARTMENT: Fishers Island Ferry District FIFD Bond - Munnetuka WHEREAS, the Board of Commissioners of the Fishers Island Ferry District (the “District”), in the Town of Southold (the “Town”), Suffolk County, New York, pursuant to a resolution of said Board of Commissioners, which together with a petition in due form, was duly submitted to the Town Board (the “Town Board”) of the Town, has requested the Town Board to call a public hearing to hear all persons interested in the subject thereof; and WHEREAS, on September 12, 2017, the Town Board of the Town of Southold (herein called the “Town”), in the County of Suffolk, New York, on behalf of the District, adopted an Order describing in general terms a proposed increase and improvement of facilities, consisting of the replacement of port and starboard main propulsion systems for the ferry MV Munnatawket, at the aggregate estimated maximum cost of $300,000, pursuant to Section 202-b of the Town Law, and said Order stated that the Town Board would meet to hear all persons interested in said increase and improvement of facilities on October 10, 2017 at 4:30 o’clock P.M. (Prevailing Time) at the Town Hall, 53095 Main Road, Southold, New York; and WHEREAS, a Notice of said public hearing was duly published and posted pursuant to the provisions of Article 12 of the Town Law; and WHEREAS, said public hearing was duly held by the Town Board on October 10, 2017 at 4:30 o’clock P.M. (Prevailing Time) at the Town Hall, 53095 Main Road, Southold, New York, with considerable discussion on the matter having been had and all persons desiring to be heard having been heard, including those in favor of and those in opposition to said increase and improvement of such facilities; and WHEREAS, the District, as lead agency, has given due consideration to the impact that the project described herein may have on the environment and has determined that such project constitutes a Type II action pursuant to the State Environmental Quality Review Act (SEQRA), constituting Article 8 of the Environmental Conservation Law, and 6 N.Y.C.R.R., Regulations Part 617.5(c)(25), and no further environmental review is required; Now, therefore, on the basis of the information given at such hearing, it is hereby DETERMINED, that it is in the public interest to increase and improve the facilities of the District as hereinabove described, at the estimated maximum cost of $300,000; and it is hereby ORDERED, that the facilities of the District shall be so increased and improved and that the Board of Commissioners shall prepare plans and specifications and make a careful estimate of the expense for said increase and improvement of such facilities and, with the assistance of Attorney for said Board, shall prepare a proposed contract for such increase and Southold Town Meeting Agenda - October 10, 2017 Page 31 improvement of facilities of the District, which plans and specifications, estimate and proposed contract shall be presented to the Town Board as soon as possible; and it is hereby FURTHER ORDERED, that the expense of said increase and improvement of facilities shall be financed as hereinabove set forth, and the costs thereof, including payment of the principal of and interest on the obligations authorized to be issued, shall be assessed, levied and collected by the Town Board from the several lots and parcels of land within the District in the same manner and at the same time as other Town charges, but if not paid from such source, all the taxable property within said Town shall be subject to the levy of ad valorem taxes, in an amount sufficient to pay the principal of and interest on said obligations; and it is hereby FURTHER ORDERED, that the Town Clerk record, or cause to be recorded, a certified copy of this Resolution and Order After Public Hearing in the office of the Clerk of Suffolk County within ten (10) days after adoption hereof. Vote Record - Resolution RES-2017-863  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated James Dinizio Jr Tabled Withdrawn  William P. Ruland  Supervisor's Appt  Jill Doherty  Tax Receiver's Appt  Robert Ghosio Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt Scott A. Russell  No Action Lost 2017-864 CATEGORY: Bond DEPARTMENT: Fishers Island Ferry District FIFD Bond Munnatawket Repairs #2 WHEREAS, after a public hearing duly called and held, the Town Board of the Town of Southold (herein called the “Town”), in the County of Suffolk, New York determined that it is in the public interest to increase and improve the facilities of the Fishers Island Ferry District (referred to herein as the “District”), and ordered that such facilities be so improved; Now, therefore, be it RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK (by the favorable vote of not less than two-thirds of all the members of said Board) AS FOLLOWS: Southold Town Meeting Agenda - October 10, 2017 Page 32 Section 1. The Town hereby appropriates the amount of $300,000 for the increase and improvement of facilities of the District, consisting of the replacement of port and starboard main propulsion systems for the ferry MV Munnatawket. The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $300,000. The plan of financing includes the issuance of bonds in the principal amount of $300,000 to finance said appropriation, and the assessment, levy and collection of assessments upon the several lots and parcels of land within the District in the same manner and at the same time as other Town charges, but if not paid from such source, all the taxable property within said Town shall be subject to the levy of ad valorem taxes, in an amount sufficient to pay the principal of and interest on said obligations. Section 2. Bonds of the Town are hereby authorized to be issued in the principal amount of $300,000 pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the “Law”), to finance said appropriation. Section 3. The following additional matters are hereby determined and stated: (a) The period of probable usefulness of the object or purpose for which said bonds are authorized to be issued, within the limitations of Section 11.00 a. 26 of the Law, is thirty-five (35) years. (b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) The proposed maturity of the bonds authorized by this resolution will exceed five (5) years. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of said bonds shall contain the recital of validity prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation said bonds shall be general obligations of the Town, payable as to both principal and interest by a general tax upon all the taxable real property within the Town. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds, and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes issued in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 of the Law relative to the authorization of the issuance of bonds with substantially level or declining annual debt service, Section 30.00 relative Southold Town Meeting Agenda - October 10, 2017 Page 33 to the authorization of the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 and 168.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and the renewals of said bond anticipation notes, and relative to executing contracts for credit enhancements and providing for substantially level or declining annual debt service, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution, or a summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This resolution shall take effect immediately and the Town Clerk is hereby authorized and directed to publish the foregoing bond resolution, in summary, in “The Suffolk Times,” a newspaper having a general circulation in said Town, which newspaper is hereby designated as the official newspaper of the Town for such publication, together with the Town Clerk’s statutory notice in the form prescribed by Section 81.00 of the Local Finance Law of the State of New York. Vote Record - Resolution RES-2017-864  Adopted  Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated James Dinizio Jr Tabled Withdrawn  William P. Ruland  Supervisor's Appt  Jill Doherty  Tax Receiver's Appt  Robert Ghosio Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt Scott A. Russell  No Action Lost VI. PUBLIC HEARINGS 1. PH 10/10 4:30 Pm - Order Calling for a Public Hearing - FIFD