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HomeMy WebLinkAboutAG-04/24/2018 ELIZABETH A. NEVILLE Town Hall, 53095 Main Road TOWN CLERK PO Box 1179 Southold, NY 11971 REGISTRAR OF VITAL STATISTICS Fax (631) 765-6145 MARRIAGE OFFICER Telephone: (631) 765 - 1800 RECORDS MANAGEMENT OFFICER www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER AGENDA SOUTHOLD TOWN BOARD April 24, 2018 4:30 PM POLICY: At scheduled Town Board meetings, the attending public is encouraged to briefly address the Town Board relating to agenda resolutions prior to their enactment; the public will also be given time at the conclusion of the regularly scheduled business agenda to address the Board on any given topic. ONLINE ACCESS: The Agenda is generally available the Friday before the meeting. The video of the meeting is usually available 1-2 hours after the meeting. Minutes with adopted resolutions are available 1-2 days after the meeting. A full copy of the minutes, agenda and meeting video can be viewed in one of two ways: (1) The town of Southold website: www.southoldtownny.gov Click on “Town Board On- Line”; Click Box “Yes” to be redirected to IQM2 and you will then be redirected to the Town Clerk online site. (2) www.townclerk.com Enter zip code 11971 in box on lower right hand side and “enter”. On the left hand side of screen a dark blue box will pop up, you will see "Town of Southold, Long Island, NY", click on this and another box will pop up that will tell you that you are being directed to another site click on “Yes” to go into the Town Clerk site. Go to the date of the meeting and click on "Minutes Packet" this is the full copy of the resolutions. (Scroll to bottom of page for KEY to symbols). You can view the live video of the meeting by clicking on the camera symbol. All of this information is available 24/7. If you would like help navigating the site, please feel free to call my office 631-765-1800. CALL TO ORDER 4:30 PM Meeting called to order on April 24, 2018 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Present Absent Late Arrived Councilman James Dinizio Jr    Councilman William P. Ruland    Councilwoman Jill Doherty    Councilman Robert Ghosio    Justice Louisa P. Evans    Supervisor Scott A. Russell    Southold Town Meeting Agenda - April 24, 2018 Page 2 I. REPORTS 1. Board of Trustees Monthly Report March 2018 2. Planning Board Monthly Report March 2018 3. Justice Court Monthly Reports March 2018 Justice Evans Justice Hughes Justice Powers 4. Recreation Department Monthly Report March 2018 5. Department of Public Works Monthly Report February 2018 II. PUBLIC NOTICES 1. S. C. Agricultural & Farmland Protection Board April 26, 2018 @ 5:00 pm - Riverhead III. COMMUNICATIONS IV. DISCUSSION 1. 9:00 Am - Mark Terry Request to Waive Chapter 161- Highway Specifications Article III Roadway Construction of the Southold Town Code for Standard Subdivision of Alexander L. and Tracy M. Sutton (SCTM #1000-78-9- 54 and SCTM #1000-78-9-78)- Follow up from 1/16/18 Work Session 2. 9:15 Am - Mark Terry Reduction of Performance Guarantee – Proposed Clustered Standard Subdivision for The Estates at Royalton (SCTM #1000-113-7-19.23) 3. 9:30 Am - John Sepenoski Mattituck Inlet Park Motus Tower Request 4. 9:45 Am - Jamie Richter Beach Restoration Funding Southold Town Meeting Agenda - April 24, 2018 Page 3 5. 10:00 Am - Vincent Orlando Old Sound Avenue Signage/Painting Scheme 6. Justice Evans Update on Fishers Island Administrative Assistant 7. Application for Appeal to the Coastal Erosion Hazard Board of Review: Southold Sunsets Holdings, LLC 8. EXECUTIVE SESSION - Proposed Acquisition, Sale or Lease of Real Property Where Publicity Would Substantially Affect the Value Thereof 10:45 am - Melissa Spiro 9. EXECUTIVE SESSION - Labor - Matters Involving the Employment of a Particular Person or Corporation 11:00 am - Tim Caufield and Holly Sanford - Update on Planning Board Interviews 10. EXECUTIVE SESSION - Litigation - Town of Southold v. Kougentakis - Town of Southold v. Kelly SPECIAL PRESENTATION Southold Town Tree Committee Arbor Day Poster Contest Winners V. RESOLUTIONS 2018-361 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated April 24, 2018.  Vote Record - Resolution RES-2018-361 Adopted  Yes/Aye No/Nay Abstain Absent Adopted as Amended  James Dinizio Jr      Defeated  Tabled William P. Ruland     Withdrawn  Jill Doherty     Supervisor's Appt  Robert Ghosio     Tax Receiver's Appt  Rescinded  Louisa P. Evans     Town Clerk's Appt  Scott A. Russell      Supt Hgwys Appt Southold Town Meeting Agenda - April 24, 2018 Page 4 No Action  Lost  2018-362 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Next Town Board Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, May 8, 2018 at Southold Town Hall, 53095 Main Road, Southold, New York at 7:30 P. M..  Vote Record - Resolution RES-2018-362 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  James Dinizio Jr      Tabled  Withdrawn William P. Ruland      Supervisor's Appt Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action   Lost 2018-360 Tabled 4/10/2018 7:30 PM CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL - Chapter 280-13 Accessory Apartments RESOLVED that there has been presented to the Town Board of the Town of Southold, Suffolk th County, New York, on the 14 day of March, 2018, a Local Law entitled “A Local Law in relation to Amendments to Chapter 280-13 Accessory Apartments in Accessory Structures” and be it further RESOLVED that the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons will be given an opportunity to be heard, now therefor be it Southold Town Meeting Agenda - April 24, 2018 Page 5 RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, “A Local Law in relation to Amendments to Chapter 280-13 Accessory Apartments in Accessory Structures” reads as follows: LOCAL LAW NO. 2018 A Local Law entitled, “A Local Law in relation to Amendments to2 Chapter 280-13 Accessory Apartments in Accessory Structures” BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. To provide more Affordable Housing opportunities within the Town of Southold. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: § 280-13 Use regulations. \[Amended 3-14-1989 by L.L. No. 3-1989\] In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as special exception by the Board of Appeals, as hereinafter provided, and, except for the uses set forth in Subsections B(1), (13) and (14) hereof, are subject to site plan approval by the Planning Board: \[Amended 3-14-1989 by L.L. No. 3-1989; 5-20-1993 by L.L. No. 6-1993; 12-21-1993 by L.L. No. 3-1989; 11-29-1994 by L.L. No. 26-1994; 12- 27-1994 by L.L. No. 30-1994; 2-7-1995 by L.L. No. 3-1995; 11-12-1996 by L.L. No. 20- 1996; 11-12-1997 by L.L. No. 26-1997; 12-8-1998 by L.L. No. 26-1998; 10-25-2005 by L.L. No. 18-2005; 6-15-2010 by L.L. No. 2-2010\] (13) One accessory apartment in a lawfully existing detached accessory garage, barn or storage building, subject to the following requirements: (a) The accessory apartment shall contain no less than 450 square feet and shall not exceed 750 square feet of livable floor area and shall have no more than one bathroom. (b) A minimum of three off-street parking spaces shall be provided on premises. (c) Not more than one accessory apartment shall be permitted on a lot. (d) The accessory apartment shall meet the requirements of an apartment as defined in § 280-4 hereof. (e) The entirety of the living floor area of the accessory apartment must be on one floor of the accessory structure. (f) The accessory structure which is converted, in whole or in part, to permit Southold Town Meeting Agenda - April 24, 2018 Page 6 an accessory apartment shall be in existence and be eligible for or have a valid certificate of occupancy issued prior to January 1, 2008. \[Amended 5-24-2011 by L.L. No. 6-2011\] (f) The existing accessory structure shall comply with all other requirements of this chapter. (g) Approval of the Suffolk County Department of Health Services of the water supply and sewage disposal systems shall be required. (h) No bed-and-breakfast facilities, as authorized by § 280-13B(14) hereof shall be permitted in or on premises for which an accessory apartment is authorized or exists. (i) Occupancy of resident structures on the premises shall be subject to the issuance of an annual rental permit in accordance with § 280-13D and the following requirements: \[1\] The owner of the premises shall occupy either the existing single-family dwelling unit or the accessory apartment in the detached accessory structure as the owner's principal residence. The other dwelling unit shall be leased for year-round occupancy evidenced by a written lease for a term of one or more years to: \[a\] A family member; or \[b\] To a resident who is currently on the Southold Town Affordable Housing Registry and eligible for placement. \[2\] Rents charged to a resident on the Affordable Housing Registry shall not exceed the rent established by the Town Board annually pursuant to § 280-30(F) of this Code. \[3\] No accessory apartment shall be occupied by more than the number of persons permitted to occupy the dwelling unit under Section 404 of the Property Maintenance Code of the New York State Uniform Fire Prevention and Building Code. \[4\] An accessory apartment shall only be occupied or otherwise utilized in accordance with the certificate of occupancy issued for the dwelling unit. (j) The Chief Building Inspector, Zoning Inspector, and Town personnel who are engaged in the enforcement of the provisions of this chapter are authorized to make or cause to be made inspections to determine compliance with this chapter and are authorized to enter upon any property for the purpose of said inspections. (k) No special Exception shall be granted unless the Zoning Board of Appeals, in addition to the considerations, determinations and findings required in §§ 280-142 and 280-143, specifically finds and determines the following: \[1\] That the granting the Special Exception will not adversely impact the privacy and use and enjoyment of any adjoining parcel. \[2\] That the granting of the Special Exception will not adversely impact the character of the neighborhood in which it is located. \[3\] That the cumulative effect of approving the present application Southold Town Meeting Agenda - April 24, 2018 Page 7 along with previously approved applications will not have a cumulative adverse impact on the surrounding neighborhood. \[4\] That the cumulative effect of approving the present application along with previously approved applications will not have a cumulative adverse impact on the school district in which the property is located. \[5\] That sufficient off-street parking exists on the subject property to accommodate the proposed accessory apartment. \[6\] Whether adequate buffer yards and screening can and will be provided to protect adjacent properties possible detrimental impacts of the proposed use. § 280-15 Accessory buildings and structures. \[Amended 4-10-1990 by L.L. No. 6-1990; 7-17-1990 by L.L. No. 14-1990; 2-5-1991 by L.L. No. 2-1991; 12-22-1992 by L.L. No. 33-1992; 1-16-2007 by L.L. No. 2-2007; 4-22-2008 by L.L. No. 3-2008\] In the Agricultural-Conservation District and Low-Density Residential R-80, R-120, R-200 and R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear yard, subject to the following requirements: A. Buildings with a flat or mansard roof shall not exceed 16 feet in height and shall be set back at the minimum required for a sloping roof. B. Buildings with a sloping roof shall be subject to the following height and setback limitations: Lot Size (square feet) Maximum Height (feet) Minimum Setback for Side and/or Rear Yard (feet) Less than 10,000 18 3 Less than 10,000 20 5 Less than 10,000 22 10 10,000 - 19,999 18 5 10,000 - 19,999 20 15 10,000 - 19,999 22 20 20,000 - 39,999 18 10 20,000 - 39,999 20 15 20,000- 39,999 22 20 40,000 - 59,999 22 15 60,000 -79,999 22 20 80,000 and over 22 25 C. Such buildings shall not exceed 660 1,000 square feet on lots containing up to 20,000 square feet and shall not exceed 750 1,200 square feet on lots 20,000 square feet to 60,000 square feet. On lots over 60,000 square feet, no accessory building shall exceed Southold Town Meeting Agenda - April 24, 2018 Page 8 3% of the total size of the parcel. D. Dormers are permitted on accessory buildings up to 40 80% of the roof width. This restriction shall not apply to buildings receiving a certificate of appropriateness from the Town of Southold Historic Preservation Commission pursuant to Chapter 170 of the Town Code. E. Any accessory structure that is not a building shall not exceed 18 feet in height and shall be set back at the minimum required in Subsection B above. F. In the case of a waterfront parcel, accessory buildings and structures may be located in the front yard, provided that such buildings and structures meet the front-yard principal setback requirements as set forth by this Code, and the side yard setback requirements for accessory buildings in Subsection B above. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law.  Vote Record - Resolution RES-2018-360 Adopted   Adopted as Amended Yes/Aye No/Nay Abstain Absent  Defeated James Dinizio Jr      Tabled Withdrawn  William P. Ruland     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans      Supt Hgwys Appt Scott A. Russell      No Action  Lost 2018-363 CATEGORY: Attend Seminar DEPARTMENT: Town Clerk New York State Town Clerk's Association Annual Conference RESOLVED that the Town Board of the Town of Southold hereby grants permission to Town Clerk Elizabeth A. Neville to attend the New York State Town Clerk’s Association Annual Conference in Albany, New York, on April 21, 2018 to April 25, 2018. All expenses for registration, travel to be a legal charge to the 2018 budget (meetings and seminars). Southold Town Meeting Agenda - April 24, 2018 Page 9  Vote Record - Resolution RES-2018-363 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent  Defeated James Dinizio Jr      Tabled  Withdrawn William P. Ruland     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell      No Action  Lost 2018-364 CATEGORY: Committee Resignation DEPARTMENT: Town Clerk Deer Management Resignations RESOLVED that the Town Board of the Town of Southold hereby accepts with regret the resignations of John Betsch and Jerry Martocchia as members of the Southold Town Deer Management Task Force effective immediately.  Vote Record - Resolution RES-2018-364 Adopted   Adopted as Amended Yes/Aye No/Nay Abstain Absent  Defeated James Dinizio Jr     Tabled  Withdrawn  William P. Ruland     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded   Town Clerk's Appt Louisa P. Evans      Supt Hgwys Appt Scott A. Russell      No Action Lost  2018-365 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk 2018 Commitee Re-Appointments Southold Town Meeting Agenda - April 24, 2018 Page 10 RESOLVED that the Town Board of the Town of Southold hereby re-appoints the following members to the following committees, effective March 31, 2018: Deer Management David Dominy John Haas Adam West  Vote Record - Resolution RES-2018-365 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  James Dinizio Jr      Tabled  Withdrawn William P. Ruland      Supervisor's Appt Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action   Lost 2018-366 CATEGORY: Recommendations DEPARTMENT: Town Clerk Send Proposed Local Law to the Suffolk County Planning Department and the Southold Town Planning Board for Their Recommendations and Review RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to send the following proposed Local Law to the Suffolk County Planning Department and the Southold Town Planning Board for their recommendations and review: A Local Law In Relation to Chapter 280 as it pertains to the siting of commercial solar energy systems  Vote Record - Resolution RES-2018-366 Adopted  Yes/Aye No/Nay Abstain Absent Adopted as Amended  Defeated  James Dinizio Jr     Tabled  William P. Ruland     Withdrawn  Jill Doherty      Supervisor's Appt Robert Ghosio      Tax Receiver's Appt  Rescinded Louisa P. Evans     Town Clerk's Appt  Southold Town Meeting Agenda - April 24, 2018 Page 11 Supt Hgwys Appt  Scott A. Russell     No Action   Lost 2018-367 CATEGORY: Performance Bond DEPARTMENT: Town Clerk Amend Resolution 2018-331, Release Performance & Payment Bonds & Accept Maintenance Bond - ICE Electric, Inc RESOLVED that the Town Board of the Town of Southold hereby amends resolution 2018-331, adopted at the April 10, 2018 regular Town Board meeting to read as follows: RESOLVED that the Town Board of the Town of Southold hereby releases the Performance and Payment Bonds supplied by ICE Electric, Inc. and The Ohio Casualty Insurance Company for the Southold Town Highway Department Building, Bond No. 015049490, each in the amount of $187,000.00, as recommended by the Town Engineer, subject to the approval of the Town Attorney, and be it further RESOLVED that the Town Board of the Town of Southold hereby accepts the Maintenance Bond supplied by ICE Electric, Inc. and The Ohio Casualty Insurance Company for the Southold Town Highway Department Building, Bond No. 015049490 in the amount of $193,898.00, as recommended by the Town Engineer, subject to the approval of the Town Attorney  Vote Record - Resolution RES-2018-367 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  James Dinizio Jr      Tabled  Withdrawn William P. Ruland      Supervisor's Appt Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action   Lost 2018-368 CATEGORY: Bond Southold Town Meeting Agenda - April 24, 2018 Page 12 DEPARTMENT: Town Clerk Amend Resolution 2018-330 - Release Maintenance Bond - Carter Melence RESOLVED that the Town Board of the Town of Southold hereby amends resolution 2018-330, adopted at the April 10, 2018 regular Town Board meeting, as follows: RESOLVED that the Town Board of the Town of Southold hereby releases the Maintenance Bond supplied by Carter-Melence, Inc and International Fidelity Insurance Company for the Southold Town Highway Department Building, Bond No. NRIFSU0654688 in the amount of $227,800.00, as recommended by the Town Engineer, subject to the approval of the Town Attorney.  Vote Record - Resolution RES-2018-368  Adopted  Adopted as Amended Yes/Aye No/Nay Abstain Absent  Defeated James Dinizio Jr     Tabled  Withdrawn  William P. Ruland     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded   Town Clerk's Appt Louisa P. Evans      Supt Hgwys Appt Scott A. Russell      No Action Lost  2018-369 CATEGORY: Budget Modification DEPARTMENT: Police Dept 2018 Budget Modification- Police Department Financial Impact: Reallocation of funds to outfit new patrol car (asset #4851) RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 General Town Whole Fund Budget as follows: From: A.3120.2.500.875 Police Equip/Other Equip/Other Vehicle Equip $1,620 Total $1,620 To: A.3120.2.500.876 Police Equip/Other Equip/Veh. Equip. Installation $1,620 Total $1,620 Southold Town Meeting Agenda - April 24, 2018 Page 13  Vote Record - Resolution RES-2018-369 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent  Defeated James Dinizio Jr      Tabled  Withdrawn William P. Ruland     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell      No Action  Lost 2018-370 CATEGORY: Employment - Town DEPARTMENT: Accounting Accepts Resignation of James Gorman RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of James Gorman from the position of Maintenance Mechanic I for the Human Resource Center effective April 25, 2018.  Vote Record - Resolution RES-2018-370 Adopted   Adopted as Amended Yes/Aye No/Nay Abstain Absent  Defeated James Dinizio Jr     Tabled  Withdrawn  William P. Ruland     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded   Town Clerk's Appt Louisa P. Evans      Supt Hgwys Appt Scott A. Russell      No Action Lost  2018-371 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Government Liaison Authorize Supervisor to Execute a Grant Agreement Southold Town Meeting Agenda - April 24, 2018 Page 14 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a Grant Distribution Agreement with the Dormitory Authority of the State of New York (“DASNY”) in connection with a State and Municipal Facilities Program (“SAM”) grant to be utilized for the reconstruction and resurfacing of the Basketball and Tennis courts on Fishers Island, New York in the amount of $50,000.00 for which funds will be advanced from the General Fund until Grant reimbursements are received.  Vote Record - Resolution RES-2018-371  Adopted  Adopted as Amended Yes/Aye No/Nay Abstain Absent Defeated  James Dinizio Jr     Tabled  Withdrawn  William P. Ruland     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio      Rescinded  Town Clerk's Appt Louisa P. Evans      Supt Hgwys Appt Scott A. Russell     No Action  Lost  2018-372 CATEGORY: Committee Resignation DEPARTMENT: Town Clerk Architectural Review Committee Resignation RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of William F. Coster from his position as a member of the Architectural Review Committee, effective immediately.  Vote Record - Resolution RES-2018-372  Adopted Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  James Dinizio Jr     Tabled  Withdrawn  William P. Ruland     Supervisor's Appt  Jill Doherty      Tax Receiver's Appt Robert Ghosio      Rescinded  Town Clerk's Appt Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  Southold Town Meeting Agenda - April 24, 2018 Page 15 2018-373 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Group for the East End - Downs Farm Stewardship Financial Impact: Environmental and stewardship programs at Downs Farm Preserve and other appropriate sites RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Agreement with the Group for the East End in connection with environmental and stewardship programs at the Downs Farm Preserve and other appropriate sites or preserves in the amount of $25,000 for the term January 1, 2018 through December 31, 2018, all in accordance with the approval of the Town Attorney.  Vote Record - Resolution RES-2018-373 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  James Dinizio Jr      Tabled  Withdrawn William P. Ruland      Supervisor's Appt Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action   Lost 2018-374 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Fishers Island Tennis Courts Lease Agreement RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Lease Agreement between the Town of Southold and the Fishers Island School District in connection with lease of the tennis courts for a five (5) year term commencing on June 1, 2018 and ending on May 31, 2023 at a cost of $1.00 per year with three (3) successive automatic five (5) year renewals, subject to the filing with the Town Clerk of a One Million Dollar Certificate of Insurance naming the Town of Southold as additional insured, and further subject to the approval of the Town Attorney.  Vote Record - Resolution RES-2018-374 Adopted  Yes/Aye No/Nay Abstain Absent Southold Town Meeting Agenda - April 24, 2018 Page 16 Adopted as Amended  James Dinizio Jr     Defeated  William P. Ruland      Tabled Jill Doherty      Withdrawn  Supervisor's Appt Robert Ghosio     Tax Receiver's Appt  Louisa P. Evans     Rescinded  Scott A. Russell     Town Clerk's Appt  Supt Hgwys Appt  No Action   Lost 2018-375 CATEGORY: Budget Modification DEPARTMENT: Engineering 2018 Budget Modification - Engineering Financial Impact: Transfer between General Fund Whole Town budget lines for the Engineering Department. No financial impact. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 General Fund Whole Town budget as follows: From: A.1440.4.600.500 Miscellaneous $ 500.00 Total $ 500.00 To: A.1440.4.600.300 Travel $ 500.00 Total $ 500.00  Vote Record - Resolution RES-2018-375  Adopted Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  James Dinizio Jr     Tabled  Withdrawn  William P. Ruland     Supervisor's Appt  Jill Doherty      Tax Receiver's Appt Robert Ghosio      Rescinded  Town Clerk's Appt Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  Southold Town Meeting Agenda - April 24, 2018 Page 17 2018-376 CATEGORY: Employment - Town DEPARTMENT: Accounting Retirement Resolution for Elected Officials 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 Days/Month(based on Work Ends Employer’s Record of Activities) Day Time Keeping (Hrs/day) System Town Board Member Louisa Evans 6 1/1/18-12/31/21 N 21.89 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 th board, at a legally convened meeting held on the 24 day of April 2018 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 the six (6) of such members were present at such meeting and the six (6) of such members vote in favor of the above resolution. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Town of Southold, on this th 24 day of April 2018 . S E A L ____________________________________ Elizabeth A. Neville Southold Town Meeting Agenda - April 24, 2018 Page 18 Town Clerk Town of Southold  Vote Record - Resolution RES-2018-376 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  James Dinizio Jr     Tabled  Withdrawn  William P. Ruland      Supervisor's Appt Jill Doherty      Tax Receiver's Appt Robert Ghosio      Rescinded Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2018-377 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Retroactive Payments RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted April 16, 2018 that reads as follows: WHEREAS the District ratified the August 17, 2017 Stipulation of Agreement with CSEA, Inc. Local 1000, AFSCME, AFL-CIO regarding Advancement Ladders and; WHEREAS said Advancement Ladders define minimum wages for certain positions and; WHEREAS the District did not increase wages to meet such minimum wages for certain employees in those positions. It is therefore RESOLVED to retroactively increase, beginning August 17, 2017, the hourly wage of the thirteen District employees listed below and to retroactively pay the difference between previous wage rates and the correct wage rates, in the amounts listed below, the total of all payments equal to $3,250. Southold Town Meeting Agenda - April 24, 2018 Page 19 Total Old New Retroactive Rate Rate Payment $12.18 $12.50 $247.44 Chriss Bridgman $11.10 $12.50 $70.70 Karina Curbelo $11.10 $12.50 $103.60 David Denison $28.57 $29.00 $563.95 Michael Fiora $11.60 $12.50 $0 Vince Harring $11.10 $12.50 $986.30 Sean Healy $12.10 $12.50 $408.95 Steven Kamm $11.60 $12.50 $440.10 Chase Lettrich Dawson $11.10 $12.50 $86.98 Millbauer Anthony $28.69 $29.00 $72.84 Mirabelli $11.10 $12.50 $62.83 Ryan Miner $11.10 $12.50 $0 Richard Waters $12.18 $12.50 $206.32 Nathan White  Vote Record - Resolution RES-2018-377  Adopted  Adopted as Amended Yes/Aye No/Nay Abstain Absent Defeated  James Dinizio Jr     Tabled  Withdrawn  William P. Ruland     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio      Rescinded  Town Clerk's Appt Louisa P. Evans      Supt Hgwys Appt Scott A. Russell     No Action  Lost  2018-378 CATEGORY: Bid Acceptance DEPARTMENT: Highway Department Accept Bid Paint Striper RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Sherwin- Williams for the EZ-Liner AL-120 paint striper in the amount of $46,588.00 and the surge chamber for $1838.00 per the bid that was submitted on April 12, 2018, all in accordance with Southold Town Meeting Agenda - April 24, 2018 Page 20 the Town Attorneys approval. This to be a legal charge to the 2018 capital project line H.5130.2.100.200  Vote Record - Resolution RES-2018-378 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  James Dinizio Jr      Tabled  Withdrawn William P. Ruland     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell      No Action  Lost 2018-379 CATEGORY: Refund DEPARTMENT: Town Clerk Refund - Mitchell Berg RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund of $15.00 to Mitchell Berg, 54 Sound Road, Greenport, New York for overpayment of an additional disposal permit online.  Vote Record - Resolution RES-2018-379 Adopted   Adopted as Amended Yes/Aye No/Nay Abstain Absent  Defeated James Dinizio Jr      Tabled Withdrawn  William P. Ruland     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans      Supt Hgwys Appt Scott A. Russell      No Action  Lost 2018-380 CATEGORY: Contracts, Lease & Agreements Southold Town Meeting Agenda - April 24, 2018 Page 21 DEPARTMENT: Fishers Island Ferry District FIFD - Advantage Tech, 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 April 16, 2018 in regard top a service agreement with Advantage Tech, Inc.  Vote Record - Resolution RES-2018-380 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  James Dinizio Jr     Tabled   Withdrawn William P. Ruland      Supervisor's Appt Jill Doherty      Tax Receiver's Appt Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2018-381 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Bay to Sound Trail Phase II Contract RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Bay to Sound Trails Initiative Phase II contract, Contract #C1000970, with the New York State Department of State for acceptance of the Phase II Grant, subject to approval of the Town Attorney.  Vote Record - Resolution RES-2018-381  Adopted  Adopted as Amended Yes/Aye No/Nay Abstain Absent Defeated  James Dinizio Jr     Tabled  Withdrawn  William P. Ruland     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio      Rescinded  Town Clerk's Appt Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  Southold Town Meeting Agenda - April 24, 2018 Page 22 2018-382 CATEGORY: Equipment DEPARTMENT: Recreation Donation to Town RESOLVED that the Town Board of the Town of Southold hereby accepts the donation of a used 60" flat screen television and mount from Chris Manfredi to be used by the Southold Town Recreation Department.  Vote Record - Resolution RES-2018-382 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent  Defeated James Dinizio Jr      Tabled  Withdrawn William P. Ruland     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell      No Action  Lost 2018-383 CATEGORY: Advertise DEPARTMENT: Trustees Ad for Pump Out Boat Operators RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for Pump-Out Boat Operators for two consecutive weeks in the Suffolk Times for operators in Southold, under the supervision of the Board of Trustees, on a seasonal part-time basis starting May 23, 2018 through and including October 30, 2018 at a salary of $20.00 per hour.  Vote Record - Resolution RES-2018-383 Yes/Aye No/Nay Abstain Absent Adopted  Adopted as Amended  James Dinizio Jr      Defeated William P. Ruland      Tabled Jill Doherty      Withdrawn Supervisor's Appt  Robert Ghosio     Southold Town Meeting Agenda - April 24, 2018 Page 23 Tax Receiver's Appt  Louisa P. Evans     Rescinded  Scott A. Russell      Town Clerk's Appt  Supt Hgwys Appt  No Action Lost  2018-384 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint Donna L. Westermann PT Clerk Typist RESOLVED that the Town Board of the Town of Southold hereby appoints Donna L. Westermann to the position of part-time Clerk Typist for the Zoning Board of Appeals, effective May 7, 2018, at a rate of $14.66 per hour.  Vote Record - Resolution RES-2018-384  Adopted  Adopted as Amended Yes/Aye No/Nay Abstain Absent Defeated  James Dinizio Jr     Tabled  Withdrawn  William P. Ruland     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio      Rescinded  Town Clerk's Appt Louisa P. Evans      Supt Hgwys Appt Scott A. Russell     No Action  Lost  2018-385 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint Provisional Electrical Inspector WHEREAS the Suffolk County Department of Civil Service has established that there is no eligible list for Electrical Inspector, and WHEREAS the Town Board of the Town of Southold has determined that the Town should fill the Electrical Inspector position for the Building Department with a provisional appointment, Southold Town Meeting Agenda - April 24, 2018 Page 24 and has received permission from Suffolk County Department of Civil Service to make said provisional appointment, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby appoints Roger Richert to the position of provisional Electrical Inspector for the Building Department, effective May 21, 2018 at a rate of $54,815.93 per year.  Vote Record - Resolution RES-2018-385 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent  Defeated James Dinizio Jr      Tabled Withdrawn  William P. Ruland     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell      No Action  Lost 2018-386 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Southold American Legion Memorial Day Parade Financial Impact: Police Department Cost Analysis: $822.70 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Griswold Terry Glover Post 803 Southold American Legion to line up along Boisseau Avenue and Hobart Road and march from Boisseau Avenue to Tuckers Lane along Route 25 for the Annual Southold Town Memorial Day Parade in Southold, New York on Monday, May 28, 2018, beginning at 10:00 AM 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-2018-386 Adopted  Yes/Aye No/Nay Abstain Absent Adopted as Amended  Defeated  James Dinizio Jr      Tabled William P. Ruland      Withdrawn Jill Doherty      Supervisor's Appt Robert Ghosio Tax Receiver's Appt      Rescinded  Louisa P. Evans     Town Clerk's Appt  Southold Town Meeting Agenda - April 24, 2018 Page 25 Supt Hgwys Appt  Scott A. Russell     No Action   Lost 2018-387 CATEGORY: Public Service DEPARTMENT: Accounting Increase Fees Paid to Court Interpreters Financial Impact: These fees are allowed by Suffolk County and are fully reimbursed at no cost to the Town. RESOLVED that the Town Board of the Town of Southold hereby increases the fees paid to Court interpreters from $250 to $300 for a Court day and from $140 to $170 for half or any part thereof of a Court day, effective 4/11/2018.  Vote Record - Resolution RES-2018-387 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  James Dinizio Jr     Tabled  Withdrawn  William P. Ruland      Supervisor's Appt Jill Doherty      Tax Receiver's Appt Robert Ghosio      Rescinded Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2018-388 CATEGORY: Budget Modification DEPARTMENT: Highway Department 2018 Budget Modification - Highway Financial Impact: Transfer of Overtime Earnings RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 Highway Fund Part Town budget as follows: From: Southold Town Meeting Agenda - April 24, 2018 Page 26 DB.5142.1.100.200 Snow Overtime Earnings 20,000.00 To: DB.5110.1.100.200 General Repairs Overtime Earnings 20,000.00  Vote Record - Resolution RES-2018-388 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent  Defeated James Dinizio Jr      Tabled  Withdrawn William P. Ruland     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell      No Action  Lost 2018-389 CATEGORY: Budget Modification DEPARTMENT: Accounting 2018 Budget Modification-Capital Financial Impact: To establish budegt line for striping machine purchase WHEREAS the Town Board of the Town of Southold adopted a 2018 Capital Budget which includes a $45,000 appropriation for a striping machine purchase, and WHEREAS the Town’s Capital Budget process requires a resolution to formally establish Capital Budget items in the Capital Fund, WHEREAS the cost of said project is slightly higher than anticipated, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby authorizes the establishment of the following Capital Projects and amends the 2018 Highway Part Town Fund and Capital Budget as follows: From: DB.5130.2.500.300 Other Equipment $3,426 Total $3,426 To: DB.9901.9.000.100 Transfer to Capital $3,426 Southold Town Meeting Agenda - April 24, 2018 Page 27 Total $3,426 Capital Project Name: FY 2018 Reflective Paint Striping Machine Financing Method: Transfer from the Highway Part Town Fund Increase Revenues: H.5031.89 Interfund Transfers, Striping Machine $48,426 Total $48,426 Increase Appropriations: H.5130.2.100.200 Striping Machine $48,426 Total $48,426  Vote Record - Resolution RES-2018-389 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent  Defeated James Dinizio Jr      Tabled Withdrawn  William P. Ruland     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans      Supt Hgwys Appt Scott A. Russell      No Action  Lost 2018-390 CATEGORY: Budget Modification DEPARTMENT: Accounting 2018 Budget Modification-Justices Financial Impact: To allocate funds for Judge Hughes to attend the annual NADCP training conference. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 General Fund Whole Town budget as follows: From: A.1990.4.100.100 Unallocated Contingencies $3,000 Total $3,000 Southold Town Meeting Agenda - April 24, 2018 Page 28 To: A.1110.4.600.200 Justices, Meetings & Seminars $3,000 Total $3,000  Vote Record - Resolution RES-2018-390  Adopted Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  James Dinizio Jr     Tabled  Withdrawn  William P. Ruland     Supervisor's Appt  Jill Doherty      Tax Receiver's Appt Robert Ghosio      Rescinded Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2018-391 CATEGORY: Attend Seminar DEPARTMENT: Justice Court Judge Brian J. Hughes Attend Seminar RESOLVED that the Town of Southold hereby grants permission to Justice Brian J. Hughes to attend the National Association of Drug Court Professionals in Houston, TX. from May 29-June 2, 2018. All expenses to be charged to the 2018 Justice Court budget.  Vote Record - Resolution RES-2018-391 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  James Dinizio Jr     Tabled   Withdrawn William P. Ruland      Supervisor's Appt Jill Doherty      Tax Receiver's Appt Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2018-392 Southold Town Meeting Agenda - April 24, 2018 Page 29 CATEGORY: Budget Modification DEPARTMENT: Accounting 2018 Budget Modification- Highway Financial Impact: Move funds to pay for restriping of Old Sound Avenue RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 Highway Part Town Fund budget as follows: From: DB.5142.4.100.920 Snow Removal, Sand $7,500 Total $7,500 To: DB.5110.4.400.600 Repairs, Other Contracted Services $7,500 Total $7,500  Vote Record - Resolution RES-2018-392  Adopted  Adopted as Amended Yes/Aye No/Nay Abstain Absent Defeated  James Dinizio Jr     Tabled  Withdrawn  William P. Ruland     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio      Rescinded  Town Clerk's Appt Louisa P. Evans      Supt Hgwys Appt Scott A. Russell     No Action  Lost  2018-393 CATEGORY: Committee Resignation DEPARTMENT: Town Clerk Parks, Beaches and Recreation Committee Resignation-Case RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Ryan Case as a member of the Southold Town Parks, Beaches and Recreation Committee, effective immediately.  Vote Record - Resolution RES-2018-393 Adopted  Yes/Aye No/Nay Abstain Absent Adopted as Amended  James Dinizio Jr     Defeated  Southold Town Meeting Agenda - April 24, 2018 Page 30 Tabled  William P. Ruland     Withdrawn  Jill Doherty      Supervisor's Appt Robert Ghosio      Tax Receiver's Appt  Rescinded Louisa P. Evans     Town Clerk's Appt  Scott A. Russell     Supt Hgwys Appt  No Action  Lost  2018-394 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Easement Agreement Between the Town of Southold and Glebe Associates, LLC RESOLVED, the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Easement Agreement granting Glebe Associates, LLC an easement over a certain unimproved section of Mill Road adjacent to 5775 Mill Road, Mattituck New York as depicted on a survey by Nathan Taft Corwin III last revised March 9, 2018, subject to the approval of the Town Attorney  Vote Record - Resolution RES-2018-394 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  James Dinizio Jr     Tabled   Withdrawn William P. Ruland      Supervisor's Appt Jill Doherty      Tax Receiver's Appt Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  VI. PUBLIC HEARINGS