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HomeMy WebLinkAboutTB-10/10/2017 ELIZABETH A.NEVILLE OgOFFO(� Town Hall,53095 Main Road TOWN CLERK ��o� 000y PO Box 1179 Southold,NY 11971 REGISTRAR OF VITAL STATISTICS o Fax(631)765-6145 MARRIAGE OFFICER yip! �ao� Telephone: (631)765 - 1800 RECORDS MANAGEMENT OFFICER southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING October 10, 2017 4:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, October 10, 2017 at the Meeting Hall, Southold,NY. Call to Order 4:30 PM Meeting called to order on October 10, 2017 at Meeting Hall, 53095 Route 25, Southold,NY. Attendee Name Organization i Title Status Arrived James Dinizio Jr Town of Southold { CouncilmanPresent William P. Ruland Town of Southold Councilman _ Present Jill Doherty _. Town of Southold Councilwoman Present ' Robert Ghosio Town of Southold Councilman Present Louisa P. Evans Town of Southold Justice Present Scott A. Russell Town of Southold Supervisor Present Elizabeth A.Neville Town of Southold Town Clerk Present William M Duffy Town of Southold Town Attorney Present I. Reports 1. Zoning Board of Appeals Monthly Report 2. Programs for the Aging Monthly Report 3. Recreation Department Monthly Report 4. Town Clerk Monthly Report 5. Department of Public Works Monthly Report II. Public Notices 1. Liquor License Renewal Southold Town Board Regular Meeting October 10, 2017 page 2 III. Communications IV. Discussion Motion To: Motion to Enter Executive RESOLVED that the Town Board of the Town of Southold hereby Enter into Executive Session at 9:01AM for the purpose of discussing the following matters: Labor—PBA Negotiations RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Motion To: Motion to Exit Executive RESOLVED that the Town Board of the Town of Southold hereby Exit/Recess from this Executive Session at 9:20 AM.. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Motion To: Motion to recess to Public Hearing RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed at 9:21 A.M. in order to hold a public hearing. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell 1. 10/10 - 9:00 Am PH Coastal Erosion Appeal This public hearing was declared closed at 9:33 AM RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Councilman Robert Ghosio,Jr. COUNCILMAN GHOSIO: RESOLVED the Town Board of the Town of Southold hereby sets Tuesday, October 10, 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 Betty Edwards Johnson, which seeks relief from Section 111-11(C) and 111-12(D) of the Town Code for removal of existing deck, dock reconstruction and shoreline stabilization within a near shore area in a Coastal Erosion Hazard Area located on property on parcel SCTM# 1000-010-3-11, Betty Edwards Johnson, 190 Peninsula Road, Fishers Island, New York 06390, and directs the Town Clerk to publish notice of such appeal in the Southold Town Board Regular Meeting October 10, 2017 page 3 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. I do have a copy of the legal notice from the Day in New London, I have a certificate that it was published in the Day. I also have an affidavit that this was published in the Suffolk Times, we have here files that were added to laserfiche, DEC permit that was recently issued, New York State Department of State General Concurrence. I also have a signed affidavit that this was posted on the Town Clerk's bulletin board. Town Attorney William M. Duffy TOWN ATTORNEY DUFFY: Inaudible. Glen Just GLENN JUST: Good morning, my name is Glenn Just, on behalf of Mrs. Johnson. Do you want me to start off by explaining... SUPERVISOR RUSSELL: Sure. MR. JUST: It's a (inaudible) shoreline on Fishers Island, the first part of the application was to remove a small set of beach access stairs, install about 110 feet of rock revetment, it's an engineered plan to reinstall the short beach access stairs and then to remove the remains of a storm damaged dock and then there's also the remains of an old crib dock. I don't know if you know what crib docks are but they were built maybe 50-60 years ago. Inaudible, in the 30 years I have been in business but they were a boxed out structure filled with big boulders and stuff to support the dock (inaudible) so that will be removed from the harbor bottom as well. And I guess to reconstruct the dock. The dock will be slightly longer than what has been there but we don't know, we have seen a lot of aerial photographs but couldn't really determine the exact length of what the dock had been. We could only measure what (inaudible) on what we could find in the water there. Inaudible. On two or three different occasions looking for the presence of eel grass and there's (inaudible) in the harbor, in that part of the harbor, which it attaches to rocks and the emerging vegetation and no eel grass which is always a concern on docks on Fishers Island. As far as the, this is where I am getting confused as far as the laws because the difference between the state coastal hazard erosion law and the town coastal hazard erosion law and also the term development that's in the town code or actually not in the town code. The applicant is basically looking to protect her property from storm damage. The adjacent property to the east, I represented before the last Trustees meeting and they were granted an approval for rock revetment identical to this, it would actually tie into this structure to make it more strong. The dock, the float dock we are proposing would have 18 inch legs in each corner, the depths there are rather shallow and to try to get to depths of 3 feet which the Trustees and DEC would rather have we would have to go out and it would be a hazard to navigation, so what we have put, and we have done it on a few jobs on Fishers Island, we put legs on the corner of a float so at low tide only the corner with the legs would touch the bottom and not the whole float and that will also keep a boat that's tied to the float from resting on the bottom. I guess (inaudible) the letter that I submitted, we don't feel there is any reasonable, prudent or alternative site available. The whole entire dock is located in the Coastal Erosion Hazard Area, there is just no other place for a dock to go on the property. As far as means and measures to mitigate adverse impacts, Southold Town Board Regular Meeting October 10, 2017 page 4 again, we cut the dock short and we made the legs on the float and no trace of eel grass I think is a plus. I also think that a mitigating factor is this existing deck that hangs over the bluff, will be removed and not reconstruct, so I think that tends to mitigate the project just a little bit which I neglected to mention earlier. I think C was the development will be reasonably safe from flood and erosion damage, that's the purpose of the rock revetment, to protect the upper portion of the property from storm damage and erosion. And again, I think the variance is the minimum necessary to overcome the practical difficulty or hardship which was the basis for the requested variance. I would be more than happy to answer any questions, again, if you are unfamiliar with this process I will try to lay out the facts the best that I can. COUNCILMAN GHOSIO: How long has the existing been there? Do you have any idea? MR. JUST: We've had some surveys that went back 34 years and then I tried to go on the Suffolk GIS site and I have a series of historical areas but there's a big lapse after (inaudible) we couldn't determine exactly when it was built. There were no permits that we could find anywhere. COUNCILMAN GHOSIO: What permits have you gotten so far? MR. JUST: We have the Town Trustees wetlands approval for the entire project, we have an Army Corps of Engineers approved the project, New York State DEC has approved the project and the New York State Department of Coastal Management has approved it as well, found it consistent. COUNCILWOMAN DOHERTY: I always find this state mandated code that they gave the town to regulate but yet DEC will go ahead and approve this kind of thing, so it's just one of those things that doesn't make sense to me, never has but anyway, I remember going to this property for other reasons when I was a Trustees. And especially I think this will enhance the protection of the property, especially when it ties into the neighbors, you know, the rock revetment. COUNCILMAN GHOSIO: Have you worked out the numbers of square footage that you are actually going to use in the structure? MR. JUST: Inaudible. SUPERVISOR RUSSELL: I reviewed it and to me it's really just a replacement of existing inventory that's already there. I think the removal of the dock along the bluff is very, very important to mitigate any impacts on the (inaudible) and also the revetment is exactly what FEMA wants to see. Coastal resiliency, that's the type of structures that they are looking for. Obviously there's a disconnect between them and other agencies but that's what they like to see. MR. JUST: I walked the site with members of the Trustees a few months back, and they felt comfortable (inaudible) but they admitted that their hands were tied because (inaudible). That's all I have. Southold Town Board Regular Meeting October 10, 2017 page 5 Supervisor Russell SUPERVISOR RUSSELL: Is there anyone else that would like to speak? (No response) This hearing was closed at 9:33 AM 2. 9:45 AM Jeff Standish and Janet Douglass 3. 10:00 AM Councilman Dinizio and Lloyd Reisenberg 4. 10:15 AM Jamie Garretson 5. Councilman Ruland 6. Councilwoman Doherty 7. Weight Limit on Peconic Bay Boulevard 8. Town Attorney 9. Town Attorney 10. Motion To: Motion to Enter Executive RESOLVED that the Town Board of the Town of Southold hereby Enter into Executive Session at 10:39AM for the purpose of discussing the following matters: Proposed Acquisition, Sale or Lease of Real Property Where Publicity of Would Substantially Affect the Value Thereof -Melissa Spiro Appointment 11:30 A.M. Labor-Matters Involving the Employment of a Particular Person(S) 12:00 Chief Flatley Shellfish Advisory Committee Secretary Recommendation Litigation New York State v. EPA 12:30 Nocro Limited v. Town of Southold: Heather Lanza, Donald Wilcenski, Michael Collins and Jamie Richter RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell 11. EXECUTIVE SESSION Proposed Acquisition, Sale or Lease of Real Property Where Publicity of Would Substantially Affect the Value Thereof 12. EXECUTIVE SESSION Labor-Matters Involving the Employment of a Particular Person(S) 13. EXECUTIVE SESSION Litigation Southold Town Board Regular Meeting October 10, 2017 page 6 Motion To: Motion to Exit Executive RESOLVED that the Town Board of the Town of Southold hereby Exit/Recess from this Executive Session at 1:13 PM. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Motion To: Recess 9:00 AM meeting RESOLVED that the Town Board of the Town of Southold hereby Recess this 9:00 AM meeting of the Town Board at 1:13 PM until the Regular 4:30 PM Meeting of the Southold Town Board. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Pledge to the Flag Motion To: Reconvenes 9:00 AM meeting RESOLVED that the Town Board of the Town of Southold hereby reconvenes the 9:00 AM meeting of the Southold Town Board at this 4:30PM Regular Meeting of the Southold Town Board. RESULT: ADOPTED [UNANIMOUS] MOVER: Scott A. Russell, Supervisor SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Opening Comments Supervisor Scott A. Russell SUPERVISOR RUSSELL: Okay, I invite anyone that would like to comment on any of the agenda items to please feel free? (No response) Okay, so what we will do is vote on the agenda items and then we will go right after that to an opportunity to comment on any issue. V. Resolutions 2017-827 CATEGORY. Audit DEPARTMENT.- Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated October 10, 2017. Southold Town Board Regular Meeting October 10, 2017 page 7 ✓Vote Record-Resolution RES-2017-827 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled El Withdrawn lames Dmizio Jr Voter 0 ❑ El 11 ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-828 CATEGORY• Set Meeting DEPARTiVIENT. Town Clerk Next Town Board Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, 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 0 Adopted ❑ Adopted as Amended ❑ Defeated — ❑ Tabled - Yes/Aye No/Nay Abstain Absent ❑ Withdrawn James Dmizio.Ir Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-829 CITEGOR Y• Budget Modification DEPARTMENT: Accounting 2017 Budget Modification- Capital Southold Town Board Regular Meeting October 10, 2017 page 8 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 that the Town Board of the Town of Southold hereby authorizes the establishment of the followinjZ Capital Projects and amends the 2017 Capital Budget as follows: Capital Project Name: FY2017 Pike Street Parking Lot Drainage Basins 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 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled _ ❑ Withdrawn .lames Dmizio Jr Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Roland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-830 CATEGORY• Property Usage DEPART71TENT.• Recreation Use of Goose Creek Beach-Southold UFSD RESOLVED that the Town Board of the Town of Southold does hereby grant permission to Southold UFSD to use Goose Creek Beach (and have access to the restrooms) for a 5"' grade Southold Town Board Regular Meeting October 10, 2017 page 9 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 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled El Withdrawn lames Duuzio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-831 CATEGORY: Budget Modification DEPARTMENT. Police Dept Police Department-Budget Modification Financial bnpact:Reallocation of budgetary finds to cover the EMD classes for dispatch personnel RESOLVED that the Town Board of the Town of Southold hereby modifies the 2017 General 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 0 Adopted El Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated .lames Dimzio Jr Voter 0 ❑ ❑ ❑ ❑ Tabled William P Ruland Mover 0 ❑ ❑ ❑ ❑ Withdrawn fill Dohem Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Voter 0 ❑ ❑ ❑ 0 Tax Receiver's Appt Louisa P Evans Seconder 121 11 0 0 Southold Town Board Regular Meeting October 10, 2017 page 10 ❑ Rescinded Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2017-832 CATEGORY. Legal DEPARTAIE1VT. Justice Court 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 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled .lames Dmizio Ir Voter D ❑ ❑ ❑ ❑ Withdrawn William P Ruland Voter Rl ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Robert Ghosio Seconder D ❑ ❑ ❑ ❑ Rescinded Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A Russell Voter El ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action 0 Lost Southold Town Board Regular Meeting October 10, 2017 page 11 2017-833 CATEGORY: Budget Modification DEPARTMENT: Justice Court 2017 Budget Modification Financial hnpact: To cover the purchase of equipment from the JCAP award. 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 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-834 CATEGORY. Close/Use Town Roads DEPARETIENT. Town Clerk Southold Town Board Regular Meeting October 10, 2017 page 12 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. ✓Vote Record-Resolution RES-2017-834 ❑ Adopted 0 Adopted as Amended ❑ Defeated T Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn lames Dmizio Jr Mover 0 El 11 ❑ Supervisor's Appt William P Ruland Voter 2 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosto Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter J ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter RI ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-835 CATEGORY: Close/Use Town Roads DEPAR'734131N1T: 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 D Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended El Defeated __ Tames Dmizio Jr Voter 0 ❑ [10 ❑ Tabled William P Ruland Seconder RI ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Voter D ❑ ❑ ❑ 10 Rescinded Scott A Russell Voter IZI 0 0 0 Southold Town Board Regular Meeting October 10, 2017 page 13 ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2017-836 CATEGORY. Grants DE PART!'1'IENT. 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 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Defeated William P Ruland Mover 0 ❑ ❑ ❑ ❑ Tabled Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Withdrawn Robert Ghosio Voter 0 ❑ ❑ ❑ 0 Supervisor's Appt Louisa P Evans Seconder 0 ❑ 0 0 Southold Town Board Regular Meeting October 10, 2017 page 14 ❑ Tax Receiver's Appt Scott A Russell Voter Rl ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2017-837 CA Attend Seminar DEPARTHE_NT.• 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 0 Adopted ❑ Adopted as Amended ❑ Defeated — - - - ❑ Tabled Yes/Aye NoNay Abstain Absent ❑ Withdrawn James Dimzio Jr Voter D ❑ ❑ ❑ ❑ Supervisor's,Appt William P Ruland Voter M ❑ ❑ ❑ 11 Tax Receiver's Appt Jill Doherty Voter Rl El ❑ El Rescinded Robert Ghosio Seconder lZ ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-838 CATEGORY. Authorize to Bid DEPART11F,NT. 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 Southold Town Board Regular Meeting October 10, 2017 page 15 sale. Complete list of equipment is available in the Town Clerk's office. ✓Vote Record-Resolution RES-2017-838 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P.Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ 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 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans ; Voter 0 El ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-840 CATEGORY: Employment-FIFD DEP.1 RTMENT. Accounting IIS Southold Town Board Regular Meeting October 10, 2017 page 16 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 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter Rl ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder ID ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter M ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter z ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter El ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-841 CATEGORY.• Budget Modification DEPARTIVIENT: 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 Q Adopted Yes/Aye No/N'ay Abstain Absent ❑ Adopted as Amended ❑ Defeated .lames Dmizio Jr Voter El 0 0 ❑ Southold Town Board Regular Meeting October 10, 2017 page 17 ❑ Tabled William P Ruland Mover 0 ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Rescinded Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ 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 0 Adopted ❑ Adopted as Amended ❑ Defeated I Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P.Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty 1 Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosto Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover D ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-843 CATEGORY. Legal DEPARTMENT. Fishers Island Ferry District FIFD- Claim Elizabeth Rutheifurd Southold Town Board Regular Meeting October 10, 2017 page 18 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 claim for Elizabeth Rutherford. ✓Vote Record-Resolution RES-2017-843 R1 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dlnlzlo Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 10 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter R] ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 2 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-844 CATEGORY.• Employment-Town DEPARTIVENT.• 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 Southold Town Board Regular Meeting October 10, 2017 page 19 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 board, at a legally convened meeting held on the 24th day of February 2015 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 24th day of February 2015. SEAL Elizabeth A.Neville Town Clerk Town of Southold ✓Vote Record-Resolution RES-2017-844 0 Adopted ❑ Adopted as Amended ❑ Defeated ; Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ I ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-845 CATEGORY. Public Service DEPARTjIIE1VT. Fishers Island Ferry District FIFD-FIldentification Cards Southold Town Board Regular Meeting October 10, 2017 page 20 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 Z Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent [I Tabled James Dimzio Jr Voter 0 ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt William P Ruland Seconder Rl El El ❑ Tax Receiver's Appt Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter lZ ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-846 CATEGORY.• Refund DEPARTIUENT: 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 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain T Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter Q ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Mover Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Z ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-847 Southold Town Board Regular Meeting October 10, 2017 page 21 CATEGORY. Employment-Town DEPARTIIWENT.• 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 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled D Withdrawn James Dmizio Jr Voter El❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost Comments regarding resolution 847 COUNCILMAN RULAND: Discussion? Although certainly I haven't been here as long as Scott has but Jim McMahon has been with the Town of Southold in more than one capacity for a long, long time and I would certainly like to add to that with sincerest thanks for his years of service and the amount of institutional knowledge that the man has is just incredible. SUPERVISOR RUSSELL: Yes, I would also say his institutional knowledge and his expertise particularly with land management will not be easy to replace. When I got the letter with his intent to resign, I actually went to talk to him to see if I could talk him out of it. He said, no I cannot talk him out of it but he actually offered to come back from time to time for free. No charge to the Town, so I want to thank him for that. COUNCILWOMAN DOHERTY: I want to add I had the pleasure of working with him directly for almost 10 years and it was a pleasure. Like you guys said, he has got the knowledge and he is an all-around nice guy and it was just great working with him. He is going to be missed. 2017-848 CATEGORY: Attend Seminar DEPAR'1 VENT: Town Attorney Town Attorney to Attend Seminar Southold Town Board Regular Meeting October 10, 2017 page 22 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Town Attorney, William M. Duffy to attend the seminar entitled "Supreme Court Review" on October 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 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn lames Dmizio Jr Voter Q ❑ ❑ El ❑ Supervisor's Appt William P Ruland Voter - Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter Q ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-849 CATEGORY. Employment-Town DEPARTHF,NT: Accounting Appoint Gary lorio PT Court Officer RESOLVED that the Town Board of the Town of Southold hereby appoints Gary Iorio to the position of Part Time Court Officer for the Justice Court effective October 12, 2017 at a rate of$30.40 per hour,not to exceed 17.5 hours per week. ✓Vote Record-Resolution RES-2017-849 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Tames Dinizio Jr j Mover Q ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter Q ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action 0 Lost Southold Town Board Regular Meeting October 10, 2017 page 23 2017-850 CATEGORY.- Public Service DEPARTY1,1ENT. 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 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled El Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder 0 El ❑ ❑ Tax Receiver's Appt Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-851 CATEGORY. Employment-FIFD DEPARTMENT. Accounting 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 RESOLVED that the Town Board of the Town of Southold hereby acknowledges the retirement of Donald F. Brown for the Fishers Island Ferry District effective October 1, 2017. ✓Vote Record-Resolution RES-2017-851 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended .lames Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Defeated William P Ruland Mover 0 0 0 0 Southold Town Board Regular Meeting October 10, 2017 page 24 ❑ Tabled Jill Doherty Voter D ❑ ❑ ❑ ❑ Withdrawn Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Tar Receiver's Appt Scott A Russell Voter D ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ 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 0 Adopted ❑ Adopted as Amended ❑ Defeated — " """ """ Yes/Aye No/Nay Abstain Absent ❑ Tabled """ _ ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Roland Voter 0 ❑ ❑ ❑ El Tax Receiver's Appt Jill Doherty Voter D ❑ ❑ El ❑ Rescinded Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ i ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-853 C.ATEGORY.- Employment-Town DEPARTMENT. Accounting Aclnaowledges Retirement Mirzanz L Richards Southold Town Board Regular Meeting October 10, 2017 page 25 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 RESOLVED that the Town Board of the Town of Southold hereby acknowledges the intent to 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 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled El Withdrawn lames Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter Rl ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter z ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder. 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-854 CATEGORY.• Employment-Town DEPARTMENT.• Accounting Acknowledges Retirement William HPrice Jr. 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 RESOLVED that the Town Board of the Town of Southold hereby acknowledges the intent to retire of Justice William H. Price Jr. effective January 1, 2018. ✓Vote Record-Resolution RES-2017-854 El Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated James Dmizio Jr Mover D ❑ ❑ ❑ ❑ Tabled William P Ruland ' Voter 0 ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Tae Receiver's Appt Robert Ghosio Voter z ❑ ❑ ❑ ❑ Rescinded Louisa P Evans Voter lZI ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A Russell Voter 21 ❑ ❑ ❑ ❑ Supt Hgwys Appt 0 No Action Southold Town Board Regular Meeting October 10, 2017 page 26 ❑ Lost Comments regarding resolution 854 COUNCILWOMAN DOHERTY: Discussion? This is another gentleman that has worked for this Town for a long time, fortunately I was never before him but he's helped out a lot of people over the years and I would like to say he has done a good job. COUNCILMAN DINIZIO: I would like to say that I grew up with Justice Price, known him all my life and he served this Town, I believe he is currently the longest running Judge in New York State. It is well over 30 years and I would just like to thank him for his service. SUPERVISOR RUSSELL: I can't say enough about Bill. I have gotten to know him professionally and personally for many years. If I am not mistaken, I believe Bill was the youngest elected official in Town history. We are going to miss him, we are going to miss him for so many reasons. I wish him the best of luck. 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 Q Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended James Dmizio Jr Voter Rl ❑ ❑ ❑ ❑ Defeated William P Ruland Voter 2 ❑ ❑ ❑ ❑ Tabled El Withdrawn Lill Doherty Mover 0 ❑ 11 El ❑ Supervisor's Appt Robert Ghosio Voter 0 El El ❑ Tax Receiver's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Rescinded Scott A Russell Voter El ❑ El El 0 Town Clerk's Appt Southold Town Board Regular Meeting October 10, 2017 page 27 ❑ 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 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 0 El 0 T❑ ❑ Supervisor's Appt William P Ruland Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 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 2017-857 CATEGORY.• Local Law Public Hearing DEPARTMENT.• Town Attorney Ph- 10/24- 7:30 Pm Chapter 245 Taxation WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 10th day of October, 2017, a Local Law entitled "A Local Law in relation to Amendments to Chapter 245 Taxation, in connection with the Cold War Southold Town Board Regular Meeting October 10, 2017 page 28 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. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 245 Taxation, in connection with the Cold War Veterans Exemption" 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 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- period of more than 365days i the United States armed f rees, 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 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 Southold Town Board Regular Meeting, October 10, 2017 page 29 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 pr-evided by Subsection A of this seetion shall be gr-anted for-a period 0 10 year-s. The eemmeneement of sueh ten year period shall be goveffied pursuant to thi-S subseetion. Where a qualified ow-nef owns qualif�,ing residential real pr-epei4y on the eff-betive date of this seetion, such t— J— F—ied shall be measured from the assessfnepA roll pfepafed pursuai4 tA 4p, fi— status date or-e—mg -- or-after the eff-eetive date of this section. Wher-e a qualified ownef does not ow-H qualifying r-esidential real property on the eff-eetive date of this seetion, such ten year-period shall be ineasured the assessment roll prepared pur-suant to the first taxable status date oeeur-fing at least 60 days after the date of pur-ehase of qualifying residential real pr-epei4y; pfevided, however-, that should the veter-an apply kr- and be granted a on the assessmepA roll pfepar-ed pursuant to a taxable status date oeetiff.i... 60 days after-the da4 P-Ufehase of r-esidential real property, such ten year-P- fneasur rom the first assessmepA roll in w-hieh the ex jr-s. if, before the expir-ation of sueh ten year per4od, sueh exempt pr-ope.A.y is sold and r-eplaeed with other-r-esidepAial real pr-opei4y, stieh exewiption may be granted pur-sualit to this subseetion for-the unexpired D. EL 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. A ppt; +s sha4 rofito en ,.before the a4e 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. l 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. 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 January 1, 2018 after filing with the Secretary of State as provided by law. ✓Vote Record-Resolution RES-2017-857 23 Adopted Yes/Aye No/Nay Abstain Absent 0 Adopted as Amended Southold Town Board Regular Meeting October 10, 2017 page 30 ❑ Defeated James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Tabled William P Ruland Voter 0 ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Rescinded Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ 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 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dimzio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Acton ❑ Lost 2017-859 C4TEGORY.• Employment-Town DEPARTUENT. Accounting Appoint Secretary-Shellfish Advisory Committee Southold Town Board Regular Meeting October 10, 2017 page 31 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 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Duuzio Jr Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Roland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ 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 0 Adopted ❑ Adopted as Amended ❑ Defeated El Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn lames Dimzio Jr Voter 0 ❑ 11 ❑ Supervisor's Appt William P Roland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ El ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action 0 Lost Southold Town Board Regular Meeting October 10, 2017 page 32 2017-861 CATEGORY. Legal DEPA RTME ATT.• 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 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt .till Doherty Voter 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 2017-862 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 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 Southold Town Board Regular Meeting October 10, 2017 page 33 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 RESOLVED that the Town Board of the Town of Southold does hereby adopt the Findings and Determination dated October 10, 2017, granting the application of Betty Edwards Johnson for a coastal erosion hazard area permit pursuant to §111-20 of the Coastal Erosion 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 21 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter RI ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter lZ ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-863 CATEGORY. Bond DEPARTMENT. Fishers Island Ferry District FIFD Bond-Munneluka Southold Town Board Regular Meeting October 10, 2017 page 34 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 11 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 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 Southold Town Board Regular Meeting October 10, 2017 page 35 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 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Roland Voter 0 ❑ ❑ ❑ El Tax Receiver's Appt Jill Doherty Voter 0 ❑ El ❑ Rescinded Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-864 CATEGORY.• Bond DEPARTMENT. Fishers Island Ferry District FIFD Bond Munnatamket 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: 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 Southold Town Board Regular Meeting October 10, 2017 page 36 $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 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 Southold Town Board Regular Meeting October 10, 2017 page 37 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 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizto Jr Mover I✓7 ❑ ❑ ❑ ❑ Supervisor's Appt William P Roland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 2 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter RI ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-865 (ATFGORI Employment-Town DEPAIa'THE_NT: Town Clerk Motion to Take Resolution Off the Floor RESOLVED the Town Board of the Town of Southold hereby takes a resolution off the floor to appoint James Crosser and Gregory Sanders as Police Officers for the Town of Southold. Southold Town Board Regular Meeting October 10, 2017 page 38 ✓Vote Record-Resolution RES-2017-865 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmtzio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder, 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost Comments regarding resolution 866 SUPERVISOR RUSSELL: They are fine young men and I think Southold Town is lucky to be able to hire them and it certainly pleases me that they will become part of the Southold Town Police Department. 2017-866 CATEGORY Y. Organizational DEPARTIVIENT: Town Clerk Appoint Police Officers RESOLVED that the Town Board of the Town of Southold hereby appoints James Crosser and Gregory Sanders as Police Officers of the Southold Town Police Department, effective on the first day of the next class of the Suffolk County Police Academy which has been tentatively been set by the Suffolk County Police Department as October 23, 2017 or October 30, 2017. ✓Vote Record-Resolution RES-2017-866 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Roland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ El ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action 0 Lost Southold Town Board Regular Meeting October 10, 2017 page 39 VI. Public Hearinlls Motion To: Motion to recess to Public Hearing RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed in order to hold a public hearinIZ. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell 1. PH 10/10 4:30 Pm - Order Calling for a Public Hearing- FIFD 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. COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold, in the County of Suffolk, State of New York, will meet at the Town Hall, 53095 Main Road, Southold,New York, on October 10, 2017, at 4:30 o'clock P.M. (Prevailing Time), for the purpose of conducting a public hearing in relation to the increase and improvement of facilities of the Fishers Island Ferry District, 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. At said public hearing, the Town Board will hear all persons interested in said subject matter thereof. I do have a copy of the legal notice published in the Day in New London Connecticut. I have a signed affidavit that this hearing was noticed in the Suffolk Times. I also have a certificate that this has been noticed on the Town's website and in the Town Clerk's office. I believe that's it. Supervisor Scott A. Russell SUPERVISOR RUSSELL: I would invite anybody that would like to address the Town Board on this public hearing to please feel free? (No response) Closing Comments Supervisor Scott A Russell SUPERVISOR RUSSELL: That completes the business of the agenda, I would invite anybody that would like to address the Town Board on any issue to please feel free? Anne? Anne Murray, East Marion ANNE MURRAY: Hi, I am Anne Murray from East Marion. Quick question on the two police officers, I didn't see that on here. Southold Town Board Regular Meeting October 10, 2017 page 40 SUPERVISOR RUSSELL: No, the discussion was had today, they are two officers that have, they are on the civil service list, they are qualified officers. I believe one had worked for Southold Town, I don't know if the second one did, as a seasonal. MS. MURRAY: Okay, good. And the town can afford that because they did away with the retirement of those two officers that were on disability, I believe? SUPERVISOR RUSSELL: Actually the money that would be used to pay for those, so people have an understanding, when you initially hire police officers the salary is very low. It can be covered by the salary that was left over by another officer that had retired earlier in the year. MS. MURRAY: Okay, good. Sounds good. So I wanted to speak to you about the short term rental issue. And I was happy to see this morning when I went to the work session that you are talking about and Ms. Doherty drafted a rental permit law which I think is extremely necessary. But I think there's been a misperception in the community, two years ago when the rental permit law went into effect a lot of people thought that it would take care of the problem and obviously it really didn't, there was no teeth in that law, so to speak. I mean, there was but I didn't find any evidence of any fines, can anybody tell me if there are any issued? SUPERVISOR RUSSELL: We had four pending... MS. MURRAY: Right, four pending cases. SUPERVISOR RUSSELL: What you should understand is that in many instances we don't need to elevate it to the Justice Court level because when we issue a violation, we get compliance and that's the basis of the town's justice process. If somebody brings their property into compliance, there's no need for further action and that's generally what the cases, we get substantial compliance. MS. MURRAY: Okay. In East Marion's case, maybe because our hamlet is so small we notice things more and I know that one house on Gillette Drive there's been 15 complaints for the past two years over and over again. as far as I know, this person is still renting short term and I don't know what, if any, thing was done by the town on that complaint because I didn't, all I got was the records in that case, I didn't get you know, the outcome of each particular complaint. However, I'm, I mean the stories I have heard from my neighbors who have been complaining all summer are interesting. In one of our communities, a guy has moved into his garage and rented out his basement, which has no egress by the way, to short term rental tenants. You know, I have had bachelor parties around the corner from me, there's a house right across the street from that, where I believe the owners bought the house just to rent. Nobody has ever seen them, nobody has ever met them. They've had different people there all summer. It's added to a lot of the traffic in East Marion, which as you know we have one road, so that's a problem. And so as I said, I think the enforcement is the big issue. And just one other story which is kind of funny but not really funny, one of my neighbors told me her sister has a house on Old Orchard Lane, and she and her husband went there one morning because her sister and her husband were coming out for the weekend and they found some Australian guy there who had spent the night, Southold Town Board Regular Meeting October 10, 2017 page 41 who went to the wrong house. He had rented on AirBnB, by the way, one of the houses on Gillette Drive that there have been numerous complaints about, that's where he was supposed to go. He ended up in somebody else's house. We still don't know how he got in but you know, this is the kind of stuff that people in East Marion are concerned about. The town hasn't been aware of it because we are so small we notice it more. Maybe in other communities people don't notice but I will tell you, if you go to tripping.com, AirBnB, Homeaway and when I looked this morning, there are 328 rentals now on that site, I didn't examine everyone to see if they are short term or not but my guess is 3/4's probably are. So in East Marion now we have 45. East Marion is a small hamlet, that's a lot of homes. And Southold has 136, Greenport has 67. The smallest amount was New Suffolk which as 14. So that's a lot and I also want you to know, and I am sure you do know it's a world-wide phenomenon, it's gotten so bad in Barcelona that people who live there have now moved out and people are throwing things at tourists because they can't stand the over-crowding and craziness that's happened to their city and the other thing I noticed last week and I can't recall where I found it but there's now a company that's been founded that will give mortgages to people who buy houses specifically to put on AirBnB. I don't know if any of you saw that, I wish I could remember the name of the company but it's a start-up, it's one of those disrupters, one of those kinds of things. And I think that is going to be very disruptive because this is a way, I think the publicity from the company said for people who can't afford homes, they will give you the mortgage and then you'll get the income to be able to pay off the mortgage. So again, we have to keep up with these trends. You know, I appreciate that you are looking into doing a rental permit law and I think you should do it as soon as possible. Hopefully before next summer. SUPERVISOR RUSSELL: Just so we are clear, a global rental permit law, we should have no illusions that's going to solve the problem as the terminology you used. I actually will go to that site tomorrow and count how many are advertised as short term, which is less than two weeks. MS. MURRAY: Right. SUPERVISOR RUSSELL: The overwhelming majority of seasonal rentals in this town were at least a month. The problem is, you can rent a house, I am telling you what we've noticed, if they are cheating, we will try to ferret them out and do something about it. I am just saying, a substantial number of the summer rentals are longer than two weeks. This is the problem, people, they see different people coming every weekend but if you are renting the house for one month and you have friends and family that are using it, no, the law doesn't stop that. It's still a one month rental. I think, we had made clear at the time, the law was the first step and we still needed a global rental permit and I can assure you, it will not make rentals go away and if there are two in East Marion that are generating complaints, there was 25 generating complaints a few years ago, so there's progress but admittedly we have a way to go, no doubt. MS. MURRAY: Well, also, Scott if you look at the individual listings, some of them are still listing for one night rentals, you know, $600 a night or whatever and if you look at the comments, the reviews by people, they will say oh, we had a bachelorette party here, we had, you know, you can see how many people are renting each month just from the comments. You probably can't get an affidavit from those people but you can see what's happening. Southold Town Board Regular Meeting October 10, 2017 page 42 SUPERVISOR RUSSELL: The code allows for presumption of guilt, so if that is taking place, we will send out violations right away. We are very responsive and we send out violations very quickly. There are some instances where it's been difficult because they need to build cases but like I said, in many instances, people simply comply. COUNCILMAN GHOSIO: I will say this, notwithstanding what you are saying because I know it to be true and this was one of the reasons we brought this up two years ago and worked on it, obviously we knew it was going to get worse as time went on and we were challenged after we passed the law and of course, we were upheld but my experience from the complaints we were getting prior to having crafted the law, has been that it has gotten better. Maybe not all as fast as we wanted and everything that we would like to have seen but certainly the complaints are down and I think Scott has mentioned, that will happen when you get substantial compliance after we have issued a violation. MS. MURRAY: Right, okay but that's, I mean, the complaints probably are down but when I filed the FOIL request, I asked for the amounts of fines paid and I didn't receive any. So I don't have any evidence that fines were paid. Do we know if any fines were paid? By anyone. SUPERVISOR RUSSELL: I will defer to the attorney on that. TOWN ATTORNEY DUFFY: I am not sure off the top of my head. Not too many fines, once we got compliance, we didn't seek fines and most of the time we get compliance by just sending out the notice of violation, we didn't even take them to court. MS. MURRAY: So how does the town check for compliance? SUPERVISOR RUSSELL: We actually, after we get the assurances of the owner that they're complying with the code, we do do a follow-up. Recently we had someone who assured us that they were complying with the code, we went to great lengths to essentially find out they weren't being truthful. MS. MURRAY: Good, okay. Were they fined? SUPERVISOR RUSSELL: That's... TOWN ATTORNEY DUFFY: There are contempt proceedings... MS. MURRAY: Okay, good. Great. COUNCILWOMAN DOHERTY: Can I ask you a question? All the incidences that you mentioned, in all those cases were they told to the town when they were going on? Did people complain? MS. MURRAY: That's where I got the information... Southold Town Board Regular Meeting October 10, 2017 page 43 COUNCILWOMAN DOHERTY: I wasn't sure... MS. MURRAY: No, I got a stack of documents from the town attorney's office. In two homes in East Marion there were 28 complaints and just two homes were 20 of the complaints and 15 of them are the same house over and over for the past two years including the most recent in July of this year. The same home. So this person is still renting. You may have issued her a violation but she is still doing it which is why I am bringing it up. SUPERVISOR RUSSELL: If that's the case, I will say it's very disappointing, we will make sure it's rectified quickly. MS. MURRAY: And the other home, there's five complaints against that one. So I didn't dig through all the hamlets to see which ones are repetitive complaints, there's probably other ones in there.. SUPERVISOR RUSSELL: Sure. MS. MURRAY: It's a lot of research, it took me a lot of time. I don't have a lot of time much more to spend on it. SUPERVISOR RUSSELL: I do want to research the 328 because a substantial number of those are advertised then less than two weeks, I will make sure, I think this Board will make sure that action is taken. MS. MURRAY: Yes, you can go any day on the Tripping.com and there may even be other sites that aren't included in that, I don't know but it seems like it's quite overwhelming and... SUPERVISOR RUSSELL: You said it's Tripping.... MS. MURRAY: Tripping.com SUPERVISOR RUSSELL: Like the 1960's term? MS. MURRAY: Yes. SUPERVISOR RUSSELL: Alright. I will look at it tomorrow. TOWN ATTORNEY DUFFY: Our enforcement was delayed somewhat with the (inaudible) challenging our code. We didn't want to go ahead and commence enforcement actions and fine people when our law was being challenged, so we kind of held off. We did do investigations but we didn't go full force with enforcement. Once we won in the Supreme Court, we felt we were on pretty sound footing. That's when we stepped up enforcement. MS. MURRAY: Okay. So with the new rental permit law, if that goes into effect, you would have the ability to get a warrant to inspect somebodies home, correct? Southold Town Board Regular Meeting October 10, 2017 page 44 SUPERVISOR RUSSELL: It wouldn't be a warrant, they would have to comply with an inspection by someone in the building department and that would be for compliance, safety fire code and things like that. MS. MURRAY: Right and also the other thing I found out which some people may not know who are doing short term rentals, one of my neighbors who used to do it got a letter last week from her insurance company saying you will no longer be covered by our agency if you are doing short term rentals. So people may not realize that they could be liable... SUPERVISOR RUSSELL: Jill had drafted the rental code, maybe I will let her give a brief overview of what's being proposed. COUNCILWOMAN DOHERTY: We are keeping the current two week minimum, the 14 day because the majority of the Board wanted to keep that and basically the rest of it is based on a safety issue and we have some changes already from discussions today but we are going to go to code committee probably in November because we have a couple of code committee meetings set up for other things but basically the, a person who wants to rent a house has to get a bi-annual permit and that will allow the building department to check their house, make sure they have a proper CO, make sure they are going by state building code, health department, what have you. all those current codes dictate how many people can sleep in a house, how many people fit in there and this allows the town to go in, make sure people didn't build a wall where there's not supposed to be so if there is a fire or other kind of incident where other people have to go in, they are not going into a dangerous situation where they think there is a hall and then all of a sudden they are blocked and the fire is on the other side and they can't save somebody. So that's the premise of what I have proposed and it's going to go to code committee and it's going to give us inventory of what's out there and then we will still go on the complaints with neighbors but at least we will have a little more teeth as you said before. MS. MURRAY: Right. Good. COUNCILMAN DINIZIO: The whole thing really centers on enforcement and how we are going to have to, we are going to have to step that up and that's going to be a big part of the code committee meeting, we are going to try to get the fire departments in, building inspector, you know, that's the most time consuming thing. We just had one incident, one business in town that we finally have gotten closed down, that particular business had 44 different instances where our code enforcer had to go out between the end of July till October, the time that they closed down. That's the only person we have working on weekends that does those investigative type things and she,that particular business has I think 14 hearings before the town for site plans. MS. MURRAY: Wow, and it's a rental? COUNCILMAN DINIZIO: No, it's a vineyard. MS. MURRAY: Oh, vineyard 48. Southold Town Board Regular Meeting October 10, 2017 page 45 COUNCILMAN DINIZIO: I am saying that because that's the kind of work and the kind of time investment that you have to do to a person who is willing to break the law. That's what you have to do. and these people, AirBnB people are pretty much willing to do that but it's not just as simple as going in and saying, oh, you are breaking the law, get out... MS. MURRAY: No, I understand you have to make a legal case which is the whole point of... COUNCILMAN DINIZIO: Yes, it's tedious and glacial in movement. I couldn't agree with you more, I mean, these people are kind of like the guy who sits in the chair in the game ring around the chair, he is just saving his space and everybody else has to find another chair. I think we are moving along, we stepped up our code enforcement, I think we are going to have to beef it up quite a bit more if we are going to do this rental thing, in some way and that, come to the code committee meetings, that's where it is all going to be hashed out. MS. MURRAY: I will do that. Thank you. SUPERVISOR RUSSELL: I would anticipate a new permit fee that would generate enough revenue to hire yet another code enforcement official. And I understand what you are saying, and like I said, it's not perfect. We understand we need to step forward with a global solution but I have to tell you, even towns with the most restrictive rental permits will tell you the enforcement challenges. MS. MURRAY: They still have problems, right. Thank you. COUNCILWOMAN DOHERTY: In my preparation for this, I have spoken to Southampton, Westhampton, the town attorney's office has looked into other codes, Islip, Riverhead, so we have done our research. We've tried to make it simple, we've asked them what their issues were and we changed some things, so you know, nothing is perfect, it's always a work in progress. MS. MURRAY: Okay, good. Thank you. SUPERVISOR RUSSELL: Thank you. Would anybody else like to? Yes, Julie? Julie Amper, Mattituck JULIE AMPER: Julie Amper, Mattituck. I would like to add one thing to that. The internet ads aren't enough. My next door neighbor rented her house, coached her renters to say one week they were her cousins, and one her sister, the sister didn't remember the maiden name but that's okay. I befriended them and found out they got their rental through realtors. So you don't have to go to AirBnB, you go to a realtor who has a nice stock of local houses that are listed with them. SUPERVISOR RUSSELL: For under two weeks? MS. AMPER: Yes. Yes. Southold Town Board Regular Meeting October 10, 2017 page 46 SUPERVISOR RUSSELL: Please? Bill Maffettone, East Marion BILL MAFFETTONE: Bill Maffettone, East Marion. I just have one question. If the AirBnB company is providing the insurance to the building and the people that are renting that building, isn't that a third party business doing business in a residential area? COUNCILMAN DINIZIO: It's a business, no matter how you look at it. SUPERVISOR RUSSELL: It's business which is why we passed a code preventing it. But I agree with you, it's a business. MR. MAFFETTONE: But if insurance is being provided, it's even a third party company conducting business in that space. It is not coded to be a business. SUPERVISOR RUSSELL: I can't speak to the legal nuance, I will have to defer to the town attorney. COUNCILMAN DINIZIO: Just to find that out, sir, could take months. MR. MAFFETTONE: It's listed right on the website. That the insurance from AirBnB covers the renters. COUNCILMAN DINIZIO: Yes but you have to prove that. You have to go to court, you have to gather your information, I mean there's a lot.... MR. MAFFETTONE: Well, if you pull up the by-laws of the company, AirBnB particularly and it says we will cover... COUNCILMAN DINIZIO: Well, we might get a court date. I can tell you, we have one right now for the vineyard we just closed down and they just moved it three more weeks... SUPERVISOR RUSSELL: It's a legal issue. I am going to defer to Bill on that. TOWN ATTORNEY DUFFY: I don't think that's another company doing business at that property because they are selling insurance for that property. MR. MAFFETTONE: If they are covering the property for insurance, that's not another company operating there? SUPERVISOR RUSSELL: If a local insurance company insured a home, that's not another, that's not a third party commercial enterprise but I have to tell you, it's more basic than that. It's simply not allowed regardless of where they are getting their insurance. It's simply not allowed use, period. It's commercial use. I agree with you 100 percent. MR. MAFFETTONE: Okay,thank you. Southold Town Board Regular Meeting October 10, 2017 page 47 SUPERVISOR RUSSELL: Would anyone else like to address the Town Board? Joe Vandernoth, East Marion JOE VANDERNOTH: Joe Vandemoth, East Marion. Anne did a lot of research and as you know, first of all I want to thank the Board for moving forward with something on this rental law. I know it's a long drawn out process, it's not going to be perfect. And you know, you are sitting on a Town Board, you are never going to please everyone. I am going to talk a little philosophy. In this town, there's an old adage that says it takes a community to raise a child. What does it take for a community to be a community? It takes the people in the community. Yes we are in 2017 and it isn't like it was 45 years ago when I moved out here. However, I see the disillusion of our hamlets, whether it's Southold, Mattituck, I don't care, East Marion. You don't know who your neighbor is anymore. All of you that were born and raised here know that. Fortunately, I live on a road where all my neighbors have been there all their lives, intend to live and die there just like I do and I know their kids, we know everybody. What we are looking at is, you know the old bumper sticker that said `save what's left' well, pretty soon we are going to be buying bumper stickers that say `there's nothing to save' so we need to move forward with this as fast as possible and I want to thank the Board for your efforts because I know, I sat on the school board for five years in East Marion and I was on the board of fire commissioners and I know what it's like,-sitting up there with people pounding on you but you need to do the job and move forward on this as fast as possible and yes, it's not going to be perfect but it's something we can work with and go forward with and maybe hopefully we will not turn into an East Hampton or a Southampton. And thank you. SUPERVISOR RUSSELL: I will just say, discussing the changes, I will just say something that's not going to be popular, but there's a certain arrogance in some that are choosing to invest in Southold Town. Whether it's in the residential zones, whether it's in the commercial zones, regardless of the industry, not everybody-we have a lot of great people investing in Southold Town but there's a certain arrogance amongst some that they have moved into a country atmosphere and rules don't matter. MR. VANDERNOTH: Right. It's a wild west attitude. SUPERVISOR RUSSELL: And a complete lack of respect for the people in this community. COUNCILMAN DINIZIO: I will go a step further because during those meetings, I kept asking for 30 days because that's what our code says, has always said, and the whole thing about the guy sitting in the chair when everyone else is going around trying to find one. You know, that's what that is all about and the arrogance like Scott is saying, they won. They got two weeks, they came in, they did everything, they didn't bother to look at our code and we gave them an extra two weeks. I am not faulting them, I voted for it because I knew we were going to be going to court. We wanted to be unanimous in whatever decision we made but it makes it difficult, more difficult for us now because now they have got two weeks. (Inaudible) MR. VANDERNOTH: Well, here's the thing, I have friends in Southold, Mattituck and had dinner with a couple of them and one of the fellows I was with, his neighbor was renting and he Southold Town Board Regular Meeting October 10, 2017 page 48 talked to him about it, and he said, if the town catches me, so what? If they fine me, so what? First I will fight it and then if I lose, I will pay the fine. And I will make that up in one weekend. That's arrogance. That's true arrogance. And that's what I find very offensive. Another thing I find quite offensive is houses being bought, there's one across the street from Bill, the owners have never been there. They bought the house and now it's being rented out, AirBnB, they are not even anywhere, they have no stake in the community and I think that's what I was trying to say. There's no stake in the community, they don't care. And that's really what bothers me more than anything else. Thank you again. SUPERVISOR RUSSELL: I agree but I would suggest, Jim, that if we want to revisit that issue while we are revisiting the global rental code, if you think that's something you want to put on the table, the 30 days. COUNCILMAN DINIZO: No, I think that global rental code is going to help us. SUPERVISOR RUSSELL: Okay. COUNCILMAN DINIZIO: In respect to that. Bill Maffettone, East Marion MR. MAFFETTONE: When you are adopting this new permit program, shouldn't our permit be as stiff or a little bit stiffer than the surrounding communities? Because I feel it's so lax now, we are a magnet for many people to come here because the word is out that we're pretty much not enforcing the code. If our code is a little bit stiffer and a little bit stronger, it might direct people in another direction. COUNCILMAN DINIZIO: Well, yes. It goes to enforcement... MR. MAFFETTONE: I mean, two weeks seems to be the least in all three of the surrounding communities around us. Some of the communities around us require that you be owner occupied. COUNCILMAN DINIZIO: Well, that was my whole argument at the time. We had a bed and breakfast law... MR. MAFFETTONE: You had to be owner occupied, you have to have egress, you have to have parking off the street. I mean, I applied, I have all that. it seems this circumnavigates all that... COUNCILMAN DINIZIO: Yes, it does. You get no argument from me on that. MR. MAFFETTONE: The restrictions for the permit, I feel, should have stricter parameters than our neighbors because we are still a magnet... Southold Town Board Regular Meeting October 10, 2017 page 49 COUNCILMAN DINIZIO: I think it will, the new rental law that we are looking at that Jill asked us to adopt, will open the door for us to get into those places because a lot of those places may not be legal to even rent. MR. MAFFETTONE: I agree, I understand that point and I understand the enforcing. But giving them a heads up in advance, saying you can only have one month rentals, you are allowed those rentals twice a year. You have to apply for a permit, your permit has to be in the ad. We can track you, we know what you are doing. Those parameters have to be in that permit and they have to be known so when people start buying here, they know that this stuff is in place, they are not going to say.. COUNCILMAN DINIZIO: Well then, I would just submit this to you sir, all those people that bought the house had the opportunity to look at our codes. MR. MAFFETTONE: I understand that but now once they see those codes being passed and hear it from friends and hear it from the community when they are buying, knowing there are stricter requirements here than there are say in Southampton or other parts of this end of the Island, they'll know that they have to come up to those codes. Not giving the same restrictions leaves that window open for more people to come here than the rest of the east end. COUNCILMAN DINIZIO: Honestly, I don't think they look at the code, sir. I mean, enforcement is the key... MR. MAFFETTONE: I think it's a combination... COUNCILMAN DINIZIO: We had a law that said 30 days... SUPERVISOR RUSSELL: What I was going to suggest, I agree with everything you are saying and it's the type of perspective and input we need because this will be going to code committee and suggestions like that should be factored into the ..... COUNCILWOMAN DOHERTY: And just so you know, the proposal that I have, we took from other towns. MR. MAFFETTONE: Right, I heard you mention you had checked with other towns. COUNCILWOMAN DOHERTY: Right but we actually took a lot of the writing from the other towns, so it's pretty much on par of what the surrounding towns are doing. That being said, what Scott said, we need everybody's input. We are going to have code committee meetings and once we have a product we are ready to give forward, we are going to have public hearings, also. MR. MAFFETTONE: Okay, so this code is still... SUPERVISOR RUSSELL: It's a work in progress. Southold Town Board Regular Meeting October 10, 2017 page 50 COUNCILWOMAN DOHERTY: It's a work in progress, so what we do, one of us proposes something, we hash it out at a table of the code committee, depending on who's involved, we want to invite the fire departments, the building department and things. Then once we have a product that we are ready to put forward to the public, then we have for public hearing. And the code committee meetings are open to the public, anybody can come and sit in. And then we have public hearing, we gather all that input and if we have to go back to code committee or redo a public hearing, that's what we do and that's the general process of when we change a code. MR. MAFFETTONE: I understand. Okay. I have one other comment. What are the parameters that must be met, filed to get a fine levied? Do you have to have documentation that I rented this house for one night, here is my receipt? Because I made 13 of them today on line. I made a reservation, I held, I had a confirmation number. If I make those reservations and present them to the town, is that legal enough to fine someone? Because it's done. It's a done deal. I made it with the name John Doe. I sent a picture of a lady's head in curlers as my face photo. And it made the reservation. And I used a credit card that has prepaid amounts on it. it could be anybody in the world. So these people can come from anywhere, rent a house, be anyone and we can't enforce a law that says they can't do that. I don't know how we missed that bar. SUPERVISOR RUSSELL: I don't know why that wasn't presented to us but if someone in the communities (inaudible) I mean, again, I will defer to Bill but... TOWN ATTORNEY DUFFY: Yes, it's a little more complicated than that. to get a justice court case, you have to get everything by (inaudible)... MR. MAFFETTONE: A credit card transaction isn't proof? SUPERVISOR RUSSELL: Bill? TOWN ATTORNEY DUFFY: You have to prove things by non (inaudible) evidence and it has to, and the best of what you just described could be an attempted violation of the code, not a violation because the rental didn't take place. It's a little more concrete, very technical and I don't want to get into the details and kind of educate people on how to get around the code but I would be glad to meet with you and discuss it. MR. MAFFETTONE: Sure. Just call your office and make an appointment? TOWN ATTORNEY DUFFY: Sure. COUNCILMAN DINIZIO: Just remember, we invested nearly three months, years, into what we just closed down and there's still 14 cases before our justice court concerning our site plans for that one property. MR. MAFFETTONE: Well, my question would be when you develop these programs do you develop them whole or do you develop them fluid and keep going with them because if you don't have a plan to enforce a law, how can you enforce a law... Southold Town Board Regular Meeting October 10, 2017 page 51 SUPERVISOR RUSSELL: We have a plan and we hired additional code enforcement including someone that works weekends that we have never had before. We added another full-time code enforcement official to the town. All of these were recent changes but we did all that anticipating needing to up the enforcement. MR. MAFFETTONE: I guess it's just because we don't see them changing that we (Inaudible) SUPERVISOR RUSSELL: That's fair. MR. MAFFETTONE: It just doesn't seem to be changing so it doesn't seem like anything is being done. Supervisor Russell SUPERVISOR RUSSELL: Fair. I would say that's very fair. Would anybody 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 5:46P.M. El abeth 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