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Home My WebLink AboutAG-05/08/2018 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 May 8, 2018 7:30 PM POLICY: At scheduled Town Board meetings, the attending public is encouraged to briefly address the Town Board relating to agenda resolutions prior to their enactment; the public will also be given time at the conclusion of the regularly scheduled business agenda to address the Board on any given topic. ONLINE ACCESS: The Agenda is generally available the Friday before the meeting. The video of the meeting is usually available 1-2 hours after the meeting. Minutes with adopted resolutions are available 1-2 days after the meeting. A full copy of the minutes, agenda and meeting video can be viewed in one of two ways: (1) The town of Southold website: www.southoldtownny.gov Click on “Town Board On- Line”; Click Box “Yes” to be redirected to IQM2 and you will then be redirected to the Town Clerk online site. (2) www.townclerk.com Enter zip code 11971 in box on lower right hand side and “enter”. On the left hand side of screen a dark blue box will pop up, you will see "Town of Southold, Long Island, NY", click on this and another box will pop up that will tell you that you are being directed to another site click on “Yes” to go into the Town Clerk site. Go to the date of the meeting and click on "Minutes Packet" this is the full copy of the resolutions. (Scroll to bottom of page for KEY to symbols). You can view the live video of the meeting by clicking on the camera symbol. All of this information is available 24/7. If you would like help navigating the site, please feel free to call my office 631-765-1800. CALL TO ORDER 7:30 PM Meeting called to order on May 8, 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 - May 8, 2018 Page 2 I. REPORTS 1. Zoning Board of Appeals Monthly Report April 2018 2. Recreation Department Monthly Report April 2018 II. PUBLIC NOTICES 1. SC Depart of Economic Development and Planning Written Comments for: - Proposed Shellfish Aquaculture Lease Sites - Relocation - III. COMMUNICATIONS IV. DISCUSSION 1. 9:00 Am - Jeff Standish Pickleball Court Update 2. 9:15 Am - Jeff Standish, Denis Noncarrow, Michael Collins and Jamie Richter Animal Shelter Solar Bid Results and Project Updates 3. 9:30 Am - Michael Collins and Jamie Richter Fishers Island Salt Storage Building Bid and Update on MS4 Annual Reporting 4. 9:45 Am - Lloyd Reisenberg Project Plan and Scope Update for the Meeting Hall Audio/Video Project 5. 10:00 Am - Kristie Hansen-Hightower Credit Card Fees 6. Councilman Ruland Update on Old Sound Avenue and Update on the Economic Development Committee 7. Application for Appeal to the Coastal Erosion Hazard Board of Review Southold Sunsets Holdings, LLC (follow up from 4/24) 8. Amendment to the Resolution Setting the Public Hearing for Proposed Changes to Chapter 280 as it Pertains to the Siting of Commercial Solar Arrays 9. Code Amendment Codification of the Agricultural Advisory Committee Southold Town Meeting Agenda - May 8, 2018 Page 3 10. Code Amendment Rental Permits 11. Old Sound Avenue Proposed Stop Sign 12. Appeal for Special Event Permit Denial Outstanding in the Field Farm Dinner at 8 Hands Farm 13. Peddler Permits Background Checks 14. EXECUTIVE SESSION - Proposed Acquisition, Sale or Lease of Real Property Where Publicity Would Substantially Affect the Value Thereof 12:00 pm - Melissa Spiro and Mary Wilson, Esq. 12:30 pm - Melissa Spiro 15. EXECUTIVE SESSION - Labor- Matters Involving the Employment of a Particular Person(S) 12:45 pm - Chief Flatley and the Police Advisory Committee 1:00 pm - Chief Flatley Town Attorney re: Code Enforcement 16. EXECUTIVE SESSION - Potential Litigation SPECIAL PRESENTATION Police Sergeant Promotion V. RESOLUTIONS 2018-395 CATEGORY: Employment - Town DEPARTMENT: Accounting Promote William Brewer to Police Sergeant RESOLVED that the Town Board of the Town of Southold hereby appoints William Brewer to the position of Police Sergeant for the Police Department, effective May 10, 2018, at an annual base salary of $138,137.00.  Vote Record - Resolution RES-2018-395  Adopted Yes/Aye No/Nay Abstain Absent  Adopted as Amended James Dinizio Jr     Defeated  Southold Town Meeting Agenda - May 8, 2018 Page 4 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  2018-396 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated May 8, 2018.  Vote Record - Resolution RES-2018-396  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  2018-397 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 22, 2018 at Southold Town Hall, 53095 Main Road, Southold, New York at 4:30 P. M.. Southold Town Meeting Agenda - May 8, 2018 Page 5  Vote Record - Resolution RES-2018-397 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 2018-398 CATEGORY: Grants DEPARTMENT: Accounting Donation for Animal Shelter RESOLVED that the Town Board of the Town of Southold hereby accepts the donation of $160,000.00 for the Animal Shelter from the Southold-Raynor Foundation.  Vote Record - Resolution RES-2018-398 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  2018-399 CATEGORY: Refund DEPARTMENT: Town Clerk Refund - Turchiano Southold Town Meeting Agenda - May 8, 2018 Page 6 RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund of $15.00 to Bernard & Jane Turchiano 207 Euston Road Garden City, NY 11530 for overpayment of an additional disposal permit.  Vote Record - Resolution RES-2018-399  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  2018-400 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to the Mattituck Chamber of Commerce to Hold Its Annual Mattituck Street Fair Financial Impact: Total Police Department Cost for Event = $895.29 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Mattituck Chamber of Commerce to hold its Annual Mattituck Street Fair and to close down Old Sound Avenue between Love Lane and Pacific Street, Mattituck on Saturday July 7, 2018 from 7:00 AM to 5:00 PM provided they file a Certificate of Liability Insurance naming the Town of Southold as addition insured for two million dollars and comply with all the conditions of the Town’s Policy for Special Events on Town Properties. All fees, with the exception of the clean-up deposit, shall be waived.  Vote Record - Resolution RES-2018-400  Adopted Yes/Aye No/Nay Abstain Absent  Adopted as Amended Defeated  James Dinizio Jr     Tabled  William P. Ruland     Withdrawn  Jill Doherty     Supervisor's Appt  Tax Receiver's Appt  Robert Ghosio      Rescinded Louisa P. Evans      Town Clerk's Appt Scott A. Russell      Supt Hgwys Appt No Action  Lost  Southold Town Meeting Agenda - May 8, 2018 Page 7 2018-401 CATEGORY: Budget Modification DEPARTMENT: Police Dept Police Department-Budget Modification Financial Impact: Reallocation of budgetary funds to transfer monies out of the Police Retirement Reserves line for Sergeant Santacroce and PO Okula RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 General Fund Whole Town budget as follows: From: A.1990.4.100.200 Police Retirement Reserve $267,576 Total $267,576 To: A.3120.1.100.300 Police/P.S./Vacation Earnings $54,666 A.3120.1.100.400 Police/P.S./Sick Earnings $210,969 A.3120.1.100.500 Police/P.S./Holiday Earnings $1,941 Total $267,576  Vote Record - Resolution RES-2018-401 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  2018-402 CATEGORY: Public Service DEPARTMENT: Town Clerk Southold Town Meeting Agenda - May 8, 2018 Page 8 Mattituck-Laurel Historical Society 2018 Fine Arts and Crafts Fair Financial Impact: Police Department Cost: $217.04 RESOLVED the Town Board of the Town of Southold hereby grants permission to the Mattituck-Laurel Historical Society and Museums to hold its 2018 Fine Arts and Crafts Fair on their grounds at Main Road and Cardinal Avenue on June 2, 2018 (raindate June 3, 2018) from 9:00 AM to 4:00 PM. All fees for this event are waived with the exception of the Clean-up Deposit.  Vote Record - Resolution RES-2018-402 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 2018-403 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Recreation Hire Summer 2018 Recreation Program Instructors Resolved that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an agreement with the following individuals and businesses for the Summer 2018 Recreation programs, all in accordance with the approval of the Town Attorney. Funding for the instructors listed below has been budgeted for in the Recreation Department's 2018 instructor line A.7020.4.500.420. NF School For Dogs (Dog Obedience/Puppy STAR/Pre-Therapy) $90/person Paula Croteau (Cooking) $30/hour Martha Eagle (Aerobics & Pilates) $40/class Martha Eagle (Friday Only Pilates) $30/class Suzzanne Fokine (Plein Air Painting ) $30/hour Huck Hirsch (Mah Jongg) $30/hour Island's End Golf & Country Club (Golf Lessons) $100/person Lois Levy (Art Journaling) $30/hour Southold Town Meeting Agenda - May 8, 2018 Page 9 Marilyn LoPresti (Walk15 Aerobics & Tai Chi/Qi Gong) $30/hour Rosemary Martilotta (Hatha & Chair Yoga) $44/class Kate McDowell (Tennis) $30/hour Lisa Baglivi (Drawing) $30/hour Henry Pesce (Pickleball) $30/hour Nicole Pollina (Childrens History) $30/hour Theresa Pressler (Arts & Crafts) $30/hour Grace Rowan (Fall Prevention) $30/hour Steve Smith (Weight Training) $90/person Sunnymist Farms (Horse Riding Camp) $200/person Barbara Terranova (Canning Jams & Tomatoes) $30/hour Alfonso Triggiani (Ballroom Dancing) $65/person Christine Watts (Childrens' Theatre) $30/hour Kerri Zablotny (Little Scholars) $30/hour  Vote Record - Resolution RES-2018-403 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 2018-404 CATEGORY: Refund DEPARTMENT: Town Clerk Various Clean Up Deposits WHEREAS the following groups have supplied the Town of Southold with a refundable Clean- up Deposit fee, for their events and WHEREAS the Southold Town Police Chief, Martin Flatley, has informed the Town Clerk's office that this fee may be refunded, now therefor be it RESOLVED that Town Board of the Town of Southold hereby authorizes a refund be issued in the amount of the deposit made to the following Name Date Received Amount of Deposit Southold Town Meeting Agenda - May 8, 2018 Page 10 LI Antique Power Assn., Inc 3/23/18 $250.00 PO Box 1134 Riverhead, NY 11901 NF Little League Inc. 4/20/18 $250.00 PO Box 1855 Southold, NY 11971  Vote Record - Resolution RES-2018-404 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  2018-405 CATEGORY: Employment - Town DEPARTMENT: Accounting Acknowledges the Intent to Retire Edward Grathwohl RESOLVED that the Town Board of the Town of Southold hereby acknowledges the intent to retire of Edward Grathwohl from the position of Police Detective for the Police Department, effective June 21, 2018.  Vote Record - Resolution RES-2018-405 Adopted  Yes/Aye No/Nay Abstain Absent Adopted as Amended  Defeated  James Dinizio Jr     Tabled  William P. Ruland      Withdrawn Jill Doherty      Supervisor's Appt  Tax Receiver's Appt Robert Ghosio     Rescinded  Louisa P. Evans     Town Clerk's Appt  Scott A. Russell     Supt Hgwys Appt  No Action  Lost  Southold Town Meeting Agenda - May 8, 2018 Page 11 2018-406 CATEGORY: Attend Seminar DEPARTMENT: Building Department 2018 SBU Training RESOLVED that the Town Board of the Town of Southold hereby grants permission to Senior Building Inspector John Jarski to attend the 2018 Stony Brook University Code Training Conference, on June 5-7, 2018. All expenses for registration and travel to be a legal charge to the 2018 Building Department budget (meetings and seminars).  Vote Record - Resolution RES-2018-406 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 2018-407 CATEGORY: Property Usage DEPARTMENT: Recreation Field Use – Mattituck Ospreys RESOLVED that the Town Board of the Town of Southold does hereby grant permission to the Mattituck Ospreys College League to use the lit field at Cochran Park for league baseball games. Dates and times will be coordinated with the Recreation Department. Appropriate fees will be charged as per the rules and regulations on the application for use of parks facilities. Applicant must file with the Town Clerk a Two Million Dollar Certificate of Insurance naming the Town of Southold as additional insured.  Vote Record - Resolution RES-2018-407  Adopted Yes/Aye No/Nay Abstain Absent  Adopted as Amended Southold Town Meeting Agenda - May 8, 2018 Page 12 Defeated  James Dinizio Jr     Tabled  William P. Ruland      Withdrawn Jill Doherty      Supervisor's Appt  Tax Receiver's Appt Robert Ghosio     Rescinded  Louisa P. Evans     Town Clerk's Appt  Scott A. Russell     Supt Hgwys Appt  No Action  Lost  2018-408 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Accept Resignation of Dawson Millbauer and Timothy Hoch RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted April 30, 2018 that accepts the resignation effective April 30, 2018 of Dawson Millbauer and Timothy Hoch, part time Deckhands (FIFD) for the Fishers Island Ferry District.  Vote Record - Resolution RES-2018-408  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  2018-409 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Accept Resignation of John Sargent Southold Town Meeting Agenda - May 8, 2018 Page 13 RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted April 30, 2018 that accepts the resignation effective April 30, 2018 of John Sargent, part time Clerk for the Fishers Island Ferry District.  Vote Record - Resolution RES-2018-409  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  2018-410 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Appoint Lee Nelson Part Time Deckhand RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted May 10, 2018 that appoints Lee Nelson to the position of part time Deckhand at a rate of $12.50 per hour effective May 10, 2018.  Vote Record - Resolution RES-2018-410 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  2018-411 Southold Town Meeting Agenda - May 8, 2018 Page 14 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Clean Vessel Assistance Program RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Grant Funding Agreement for the Clean Vessel Assistance Program between the Town of Southold and the New York State Environmental Facilities Corporation in connection with the purchase of a Newtown Pumpout Boat, which shall commence on April 1, 2018 and continue through seven years, subject to the approval of the Town Attorney.  Vote Record - Resolution RES-2018-411  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  2018-412 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Appoint John S. Gural Seasonal Purser RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted April 30, 2018 that appoints John S. Gural to the position of seasonal full-time Purser effective May 15, 2018 and on September 16, 2018 to change status to part time Purser.  Vote Record - Resolution RES-2018-412  Adopted Yes/Aye No/Nay Abstain Absent Adopted as Amended  James Dinizio Jr     Defeated  William P. Ruland     Tabled  Withdrawn Jill Doherty      Supervisor's Appt  Robert Ghosio     Tax Receiver's Appt  Louisa P. Evans      Rescinded Scott A. Russell      Town Clerk's Appt Southold Town Meeting Agenda - May 8, 2018 Page 15 Supt Hgwys Appt  No Action   Lost 2018-413 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 30, 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 two 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 $1,172.85 Old Total Retroactive Rat New Rate Payment e $28 $29.00 $1,151.01 John Morgan .15 George $12 $12.50 21.84 Marshall .11  Vote Record - Resolution RES-2018-413  Adopted Yes/Aye No/Nay Abstain Absent Adopted as Amended  James Dinizio Jr     Defeated  Tabled  William P. Ruland     Withdrawn  Jill Doherty     Supervisor's Appt  Southold Town Meeting Agenda - May 8, 2018 Page 16 Tax Receiver's Appt  Robert Ghosio     Rescinded  Louisa P. Evans      Town Clerk's Appt Scott A. Russell      Supt Hgwys Appt  No Action Lost  2018-414 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney HRC Lease Agreement Passenger Bus RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute Vehicle Renewal Agreement # 525-CAP-1749.520-2022- 1 between the Suffolk County Office for the Aging and the Town of Southold for the purpose of leasing a 2007 Express 1500, Chevrolet 8 Passenger Bus VIN No. 1GNFG15T171184102, subject to the approval of the Town Attorney.  Vote Record - Resolution RES-2018-414  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  2018-415 CATEGORY: Sanitary Flow Credits DEPARTMENT: Land Preservation Sanitary Flow Credit - Brushes Creek Properties WHEREAS, on April 20, 2018, the County of Suffolk and Town of Southold purchased Fee Title to six (6) properties owned by: Southold Town Meeting Agenda - May 8, 2018 Page 17 Tristate Capital Holdings, LLC (5.1734 acres) and further identified as SCTM #1000- 127.-3-8. The address is 2550 North Oakwood Drive, in Laurel, New York; and Capital Asset Retirement Fund, LLC (1.8333 acres) and further identified as SCTM #1000-127.-3-9.2. The address is 560 Diachun Road, in Laurel, New York; and Jeffry Hallock (3.3625 acres) and further identified as SCTM #1000-127.-3-10.2. The address is 430 Diachun Road, in Laurel, New York; and Hallock Holding Corp. (1.7289 acres) and further identified as SCTM #1000-127.-3-10.3. The address is No # Diachun Road, in Laurel, New York; and Capital Asset Retirement Fund, LLC (0.7431 acre) and further identified as SCTM #1000-127.-8-17.2. The address is 2295 Great Peconic Bay Boulevard, in Laurel, New York; and Capital Asset Retirement Fund, LLC (10.6909 acres) and further identified as SCTM #1000-127.-8-17.3. The address is 2445 Great Peconic Bay Boulevard, in Laurel, New York; and WHEREAS, said purchase included a joint acquisition by the Town and County with the County acquiring a seventy-nine percent (79%) undivided interest and the Town acquiring a twenty-one percent (21%) undivided interest, as tenants-in-common, to each of the six (6) tax map parcels listed above; and WHEREAS, the properties are located within the Agricultural-Conservation (A-C) Zoning District and partially within the R-40 Zoning District; and WHEREAS, the properties are located within the Mattituck-Cutchogue School District; and WHEREAS, the deeds recorded as part of the purchases prohibit the use of the properties for any residential, commercial or industrial uses and prohibits the use of the properties for anything other than open space; and WHEREAS, as per Chapter 117 (Sanitary Flow Credits, Transfer of) of the Town Code, the Land Preservation Coordinator and the Town Board reviewed the acquisition prior to the Town Board public hearing on the purchase and determined that Sanitary Flow Credits may be available upon the acquisition of the properties and that the County of Suffolk would determine if Sanitary Flow Credits (a.k.a. County Workforce Housing Development Rights) are available. Said Sanitary Flow Credits would be divided between the County and the Town in accordance with the 79% County/21% Town joint partnership percentage; and Southold Town Meeting Agenda - May 8, 2018 Page 18 WHEREAS, the Land Preservation Coordinator provided the Town Board with the County determination of the Sanitary Flow Credits (a.k.a. County Workforce Housing Development Rights) available for transfer from the above-mentioned parcels following the closing on the parcels; and WHEREAS, three (3) Sanitary Flow Credits (a.k.a. County Workforce Housing Development Rights) are available; two (2) Workforce Housing Development Rights credits for the County and one (1) Sanitary Flow Credit for the Town as a result of these purchases; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby transfers one (1) Sanitary Flow Credit into the Town Sanitary Flow Credit Bank from the Town’s fee title purchase of the properties identified above; and, be it further RESOLVED that the Town Clerk shall enter this transfer of one (1) Sanitary Flow Credit into the Sanitary Flow Credit Log; and, be it further RESOLVED that the Town Clerk shall forward this resolution to the Tax Assessors Office, the Land Preservation Department, the Special Projects Coordinator, and the Planning Department for inclusion into the Town database and GIS system.  Vote Record - Resolution RES-2018-415 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 2018-416 CATEGORY: Sanitary Flow Credits DEPARTMENT: Land Preservation Southold Town Meeting Agenda - May 8, 2018 Page 19 Sanitary Flow Credit - Sill Property WHEREAS, on February 16, 2011, the Town of Southold acquired Fee Title to parcels formerly owned by Julia Sill; and WHEREAS, said properties are identified and now known on the Suffolk County Tax Map as #1000-45.-5-3.1 & 3.2, and #1000-45.-5-4 and are located at 70282 and 70284 Route 25, Greenport, New York, in the LIO (Light Industrial Park/Planned Office) and R-80 (Low Density Residential) zoning districts; and WHEREAS, the combined acreage of the parcels is 23.7663 acres as per separate surveys prepared by John C. Ehlers Land Surveyor, said properties having been surveyed on January 20, 2011, and last revisions dated February 1, 2011; and WHEREAS, said property is located within the Greenport School District; and WHEREAS, the deeds recorded as part of the purchase prohibits the use of the property for any purpose other than open space, in accordance with Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation); and WHEREAS, the life estate has terminated and the town has eliminated the residential use of the property and removal of the dwelling is scheduled; and WHEREAS, as per Chapter 117 (Sanitary Flow Credits, Transfer of) of the Town Code, the Land Preservation Coordinator provided the Town Board with a calculation of the sanitary flow credits available for transfer from the above-mentioned parcels prior to the Town Board public hearing on the purchase; and WHEREAS, the Land Preservation Coordinator provided the Town Board with a final calculation of the sanitary flow credits available for transfer from the above-mentioned parcels; and WHEREAS, one (1) sanitary flow credit is available to be transferred into the Town Sanitary Flow Credit Bank as a result of the acquisition of this buildable property; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby transfers one (1) sanitary flow credit into the Town Sanitary Flow Credit Bank from the Town’s fee title acquisition of the property formerly owned by Julia Sill and identified as SCTM #1000-45.-5-3.1 & 3.2, and #1000-45.-5-4; and, be it further RESOLVED that the Town Clerk shall enter this transfer of one (1) sanitary flow credit into the Sanitary Flow Credit Log; and, be it further RESOLVED that the Town Clerk shall forward this resolution to the Tax Assessors Office, the Land Preservation Department, the Special Projects Coordinator, and the Planning Department for inclusion into the Town database and GIS system.  Vote Record - Resolution RES-2018-416  Adopted Yes/Aye No/Nay Abstain Absent  Adopted as Amended James Dinizio Jr      Defeated Southold Town Meeting Agenda - May 8, 2018 Page 20 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  2018-417 CATEGORY: Employment - Town DEPARTMENT: Accounting Hire Student Intern II-Engineering Department RESOLVED that the Town Board of the Town of Southold hereby appoints Lewis Eastwood to the position of Student Intern II in the Engineering Department at a rate of $15.00 per hour, said appointment starting on May 29, 2018 and ending August 17, 2018, pending background search completion.  Vote Record - Resolution RES-2018-417  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  2018-418 CATEGORY: Employment - Town DEPARTMENT: Accounting Police Department-Appoint Seasonal Police Officer RESOLVED that the Town Board of the Town of Southold hereby appoints Patrick Robbins to Southold Town Meeting Agenda - May 8, 2018 Page 21 the position of Seasonal Police Officer for the Town of Southold Police Department, effective May 14, 2018 through September 16, 2018 at a rate of $21.65 per hour.  Vote Record - Resolution RES-2018-418 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 2018-419 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney HRC - Geneva Worldwide, Inc. Service Agreement RESOLVED that the Town Board of the Town of Southold hereby authorizes the Southold Town Human Resource Center to enter into a service agreement, as required, with Geneva Worldwide, Inc. for over-the-telephone or written translation and/or interpretation services in connection with the County of Suffolk’s requirement. The term of the agreement shall continue until May 31, 2021, unless terminated earlier by either Party upon thirty days prior written notice, all subject to the approval of the Town Attorney.  Vote Record - Resolution RES-2018-419 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 - May 8, 2018 Page 22 2018-420 CATEGORY: Budget Modification DEPARTMENT: Accounting 2018 Budget Modification-Highway Financial Impact: Adjust Highway budget for actual NYS DOT CHiPs annual allotment and add EWR amount RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 Highway Fund Part Town budget as follows: Increase: DB.3501.00 CHIPS Capital Payments $80,377 DB.3589.00 PAVE-NY Capital Payments 53 Total $80,430 Increase: DB.5112.2.400.905 CHIPS Resurfacing $80,377 DB.5112.2.400.906 PAVE-NY Resurfacing 53 Total $80,430  Vote Record - Resolution RES-2018-420  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  2018-421 CATEGORY: Budget Modification DEPARTMENT: Accounting 2018 Budget Modification-Supervisor Financial Impact: Southold Town Meeting Agenda - May 8, 2018 Page 23 Establish budget line for Agricultural Advisory Committee secretarial costs 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 $1,800 Total $1,800 To: A.1010.1.100.350 Overtime (Agricultural Advisory) $1,800 Total $1,800  Vote Record - Resolution RES-2018-421 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 2018-422 CATEGORY: Committee Appointment DEPARTMENT: Government Liaison Appointment to Economic Develop RESOLVED that the Town Board of the Town of Southold hereby appoints Marilyn Marks as a member of the Economic Development Committee effective immediately through March 31, 2019.  Vote Record - Resolution RES-2018-422 Adopted  Yes/Aye No/Nay Abstain Absent  Adopted as Amended James Dinizio Jr      Defeated William P. Ruland      Tabled Withdrawn  Jill Doherty     Supervisor's Appt  Robert Ghosio     Tax Receiver's Appt  Louisa P. Evans     Rescinded  Southold Town Meeting Agenda - May 8, 2018 Page 24 Town Clerk's Appt  Scott A. Russell     Supt Hgwys Appt   No Action  Lost 2018-423 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney 2018 Youth Bureau Agreement RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the 2018 State Aid Youth Bureau Agreement with the County of Suffolk, in the amount of $17,464.00, for the term January 1, 2018 through December 31, 2018, subject to the approval of the Town Attorney.  Vote Record - Resolution RES-2018-423 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  2018-424 CATEGORY: Bid Acceptance DEPARTMENT: Town Clerk Accept Bid Item #8 Road Treatment RESOLVED that the Town Board of the Town of Southold hereby accepts the following bids for Item #8, Type 6 Asphalt, to be picked up by the Town: Corazzini Paving Products Bid #1 $75.00 /ton  Vote Record - Resolution RES-2018-424 Adopted  Yes/Aye No/Nay Abstain Absent Southold Town Meeting Agenda - May 8, 2018 Page 25 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 2018-425 CATEGORY: Bid Acceptance DEPARTMENT: Highway Department Accept Bid Item #2 Road Treatment RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Corazzini Asphalt for Item #2, Oil and Stone: Southold Town Fishers Island Liquid Asphalt $4.90/ sq yd $7.90/sq yd Schim Mix $115.00/ton $300.00/ton Fog Coat $25.00/ga $100.00/ga  Vote Record - Resolution RES-2018-425 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 2018-426 CATEGORY: Employment - FIFD Southold Town Meeting Agenda - May 8, 2018 Page 26 DEPARTMENT: Accounting Appoint Employee #83358 FT Freight Agent RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fisher Island Ferry District adopted May 4, 2018 that appoints employee #83358 as a full time Freight Agent at a rate of $20.00 per hour.  Vote Record - Resolution RES-2018-426 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  2018-427 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Seasonal FT Clerks and Cashiers RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted April 30, 2018 that reads as follows WHEREAS the Ferry District requires additional full-time Clerks and Cashiers (FIFD) during the peak season between May 15, 2018, and September 16, 2018; Therefore it is RESOLVED to temporarily appoint with effect May 15, 2018 Hannah Peabody as a Clerk from part-time to full-time summer seasonal status. On September 15, 2018, Ms. Peabody will terminate her summer seasonal position and on September 16, 2018 be re- appointed to part-time Clerk. It is further RESOLVED to temporarily appoint with effect May 15, 2018 Kathleen Alfred- Neiman and Karina Curbelo as Cashiers (FIFD) from part-time to full-time summer seasonal status. On September 15, 2018, Ms. Alfred-Nieman and Ms. Curbelo will terminate their summer seasonal position and on September 16, 2018 be re-appointed to part-time Cashier (FIFD). Southold Town Meeting Agenda - May 8, 2018 Page 27  Vote Record - Resolution RES-2018-427 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 2018-428 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Seasonal FT Deckhands RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted April 30, 2018 that reads as follows WHEREAS the Ferry District requires additional full-time Deckhands (FIFD) during the peak season between May 15, 2018, and September 16, 2018; Therefore it is RESOLVED to temporarily appoint with effect May 15, 2018 Christopher Bridgman, Edward Bridgman, Rodney Brown, Steven Conary, Peter Gilmore, Vince Harring, Sean Healy, Chase Lettrich, Ryan Miner, Leonard Ortiz, Robert Sasso and Nathan White as summer seasonal Deckhand (FIFD). On September 15, 2018, Christopher Bridgeman, Edward Bridgeman, Rodney Brown, Steven Conary, Pete Gilmore, Vince Harring, Sean Healy, Chase Lettrich, Ryan Miner, Leonard Ortiz, Robert Sasso and Nathan White will terminate their summer seasonal positions and on September 16, 2018 be re-appointed to part-time Deckhand (FIFD).  Vote Record - Resolution RES-2018-428  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  No Action Southold Town Meeting Agenda - May 8, 2018 Page 28 Lost  2018-429 CATEGORY: Budget Modification DEPARTMENT: Accounting 2018 Budget Modification- Capital Financial Impact: Establish budget for FD Paging Project WHEREAS the Town Board of the Town of Southold has been awarded a grant from the NYS Dormitory Authority to undertake a paging system, 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 following Capital Projects and amends the 2018 Capital Budget as follows: Capital Project Name: FD Paging Project Financing Method: DASNY/EDAP Grant and PSAP Funding Budget: Revenues: H.2210.35 PSAP Revenue $1,000 H.3089.75 DASNY Grant 125,000 Total $126,000 Appropriations: H.3020.2.100.200 Public Safety Communications FD Paging Project $126,000 Total $126,000  Vote Record - Resolution RES-2018-429 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  No Action  Southold Town Meeting Agenda - May 8, 2018 Page 29 Lost  2018-430 CATEGORY: Advertise DEPARTMENT: Human Resource Center Advertise for Maintenance Mechanic I RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerks office to advertise for a part time Maintenance Mechanic I for the Community Services Program for the Elderly-Residential Repair Program at the Human Resource Center.  Vote Record - Resolution RES-2018-430 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  2018-431 CATEGORY: Bid Acceptance DEPARTMENT: Highway Department Accept Bid Item #5 Road Treatment RESOLVED that the Town Board of the Town of Southold hereby accepts the following bid for Item #5, Type 6 Asphalt Road Treatment: Corazzini Asphalt Southold Fishers Island 30% RAP 100-250 ton $92.00 $310.00 250-500 ton $87.00 $295.00 500-1000 Ton $83.00 $270.00 over 1000 Ton $76.90 $260.00 Southold Town Meeting Agenda - May 8, 2018 Page 30 Bid # 2 $3.90 $15.00 Bid # 3 $9.00 $20.00 Bid # 4 $1.20 $7.00 Bid # 5 $120.00  Vote Record - Resolution RES-2018-431  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  2018-432 CATEGORY: Bid Acceptance DEPARTMENT: Highway Department Accept Bid for Road Treatment - Item #7 RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Thomas H. Gannon & Sons, Inc., for the application of Polymer Modified Emulsified Asphalt Pavement Type II Micro-Surfacing within the Town of Southold, all in accordance with the bid specifications and Town Attorney, as follows: BID # 1 Option #1 Option #2 Thomas Gannon & Sons Southold $4.63 $2.90 Fishers Is. $5.64 $3.74 Bid # 2 Southold $1.25 Fishers Is. $1.87  Vote Record - Resolution RES-2018-432 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 - May 8, 2018 Page 31 Tax Receiver's Appt  Louisa P. Evans     Rescinded  Scott A. Russell      Town Clerk's Appt  Supt Hgwys Appt  No Action Lost  2018-433 CATEGORY: Legal DEPARTMENT: Town Clerk Rescind Resolution 2018-359 RESOLVED that the Town Board of the Town of Southold hereby rescinds resolution #2018- 359 adopted at the April 10, 2018 regular Town Board meeting in its entirety.  Vote Record - Resolution RES-2018-433 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 2018-434 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney PH 5/22 4:31 Pm - Chapter 280 Commercial Solar Energy Siting WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk th County, New York, on the 10 day of April, 2018, a Local Law entitled “A Local Law in relation to Amendments to Chapter 280 as it pertains to the siting of commercial solar energy systems” now, therefore, be it Southold Town Meeting Agenda - May 8, 2018 Page 32 RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the nd 22 day of May at 4:31 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, “A Local Law in relation to Amendments to Chapter 280 as it pertains to siting of commercial solar energy systems” reads as follows: LOCAL LAW NO. 2018 A Local Law entitled, “A Local Law in relation to Amendments to Chapter 280 as it pertains to siting of commercial solar energy systems” BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town Board of the Town of Southold recognizes the importance of renewable energy facilities. However, it is equally important to protect our natural resources by providing standards for solar energy production facilities on those lands that have been previously cleared and/or disturbed. It is altogether reasonable that the Town Board makes adequate provisions for these facilities, and it is imperative that such facilities do not adversely affect surrounding and nearby properties. It is therefore the intent of this section to provide adequate safeguards for the location, siting and operation of solar energy production facilities and solar collection systems. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: Article XIV Light Industrial Park/Planned Office Park (LIO) District \[Added 1-10-1989 by L.L. No. 1-1989\] § 280-57 Purpose. The purpose of the Light Industrial Park/Planned Office Park (LIO) District is to provide opportunity for the location of business and professional offices, research facilities, industrial uses and similar activities in an open, campus-like setting in areas which are not appropriate for commercial activity or low-density residential development. In this area, such uses can be established in an attractive environment and serve both as a means of preserving the open qualities of an area and providing an area adjacent to hamlet areas where such uses can be appropriately developed with suitable protection for ground- and surface waters. All uses must conform to Suffolk County Health Department standards. § 280-58 Use regulations. In the LIO District, 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 purpose except the following: Southold Town Meeting Agenda - May 8, 2018 Page 33 A. Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1) hereof, are subject to site plan approval by the Planning Board: \[Amended 5-9-1989 by L.L. No. 6-1989; 11-29-1994 by L.L. No. 26-1994; 4-28-1997 by L.L. No. 6-1997\] B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, except Subsection B(10), which may be permitted as a special exception by the Planning Board, and all such special exception uses shall be subject to site plan approval by the Planning Board: \[Amended 5-23-1989 by L.L. No. 7-1989; 4-28-1997 by L.L. No. 6-1997; 11-12- 1997 by L.L. No. 26-1997; 2-12-2013 by L.L. No. 2-2013; 6-17-2014 by L.L. No. 7-2014\] (10) Commercial solar energy production system, subject to the following criteria: (a) The commercial solar energy system shall not be on a parcel of less than five acres. (b) Solar energy production facilities shall be permitted only on those lands previously cleared and/or disturbed on or before January 1, 2018. No additional clearing shall be permitted, except that the removal of shrubs, underbrush and trees under six inches in diameter shall be permitted and shall not be deemed clearing. (cb) All ground-mounted panels shall not exceed the height of eight feet. (dc) All mechanical equipment of the commercial solar energy system, including any structure for batteries or storage cells, shall be completely enclosed by a minimum eight-foot-high fence with a self-locking gate. (ed) Notwithstanding any requirement in § 280-63 of this chapter, the total surface area of all ground-mounted and freestanding solar collectors, including solar photovoltaic cells, panels, and arrays, shall not exceed 80% of the total parcel area. (fe) A minimum twenty-five-foot perimeter buffer, consisting of natural and undisturbed vegetation, supplemented with evergreen plantings, as needed, shall be provided around all mechanical equipment and solar panel arrays to provide screening from adjacent residential properties and Town, county and state roads. A vegetated perimeter buffer shall be installed to provide year-round screening of the system from adjacent properties. (gf) A minimum setback for a solar energy production facility and equipment used in conjunction with the solar energy production facility shall be located at least 100 feet from any residential dwelling or zone (hi) All solar energy production systems shall be designed and located in order to prevent reflective glare toward any habitable buildings as well as streets and rights-of-way. (ij) All on-site utility and transmission lines shall be, to the extent feasible, placed underground. (ji) A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations. (kj) The system shall be designed and situated to be compatible with the existing uses Southold Town Meeting Agenda - May 8, 2018 Page 34 on adjacent and nearby properties. (lk) In approving a special exception, the Planning Board may waive or modify any of the above criteria if it finds that there is no detriment to public health, safety and welfare. (ml) Any special exception approval granted under this article shall have a term of 20 years, commencing from the grant of the special exception, which may be extended for additional five-year terms upon application to the Planning Board. (nm) Decommissioning/removal: \[1\] Any commercial solar energy production system that is not operated for a continuous period of 24 months shall be deemed abandoned. At that time, the owner of the commercial solar energy production system or the owner of the property where the commercial solar energy production system is located shall remove all components thereof within 90 days of such deemed abandonment or will be in violation of this section. In the case of a commercial solar energy production system on preexisting structures, this provision shall apply to the commercial solar energy production system only. If the commercial solar energy production system is not removed within said 90 days, the Building Inspector may give the owner notice that unless the removal is accomplished within 30 days, the Town will cause the removal at the owner's expense. All costs and expenses incurred by the Town in connection with any proceeding or any work done for the removal of a commercial solar energy production system shall be assessed against the land on which such commercial solar energy production system is located, and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located, then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner of the system and the owner of the property upon which the system is located shall fail to pay such expenses within 10 days after the statement is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action, the Building Inspector may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred and the owner of the system and the owner of the property upon which the system is located, with the Assessors, who shall, in the preparation of the next assessment roll, assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as are provided by law for the collection and enforcement of real property taxes in the Town of Southold. \[2\] This subsection is enacted pursuant to § 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through removal provisions to ensure the proper decommissioning Southold Town Meeting Agenda - May 8, 2018 Page 35 of commercial solar energy production systems within the entire Town. The removal reduction provision of this chapter shall supersede any inconsistent portions of Town Law § 64, Subdivision 5-a, and govern the subject of removal of commercial solar energy production systems in this chapter. Article XV Light Industrial (LI) District \[Added 1-10-1989 by L.L. No. 1-1989\] § 280-61 Purpose. The purpose of the Light Industrial (LI) District is to provide an opportunity for business and industrial uses on smaller lots than would be appropriate for the LIO Light Industrial Park/Planned Office Park District. § 280-62 Use regulations. In the LI District, 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 purpose except the following: A. Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1) and (2) hereof, are subject to site plan approval by the Planning Board: \[Amended 5-9-1989 by L.L. No. 6-1989; 11-29-1994 by L.L. No. 26-1994; 4-28- 1997 by L.L. No. 6-1997\] B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, except Subsection B(10), which may be permitted as a special exception by the Planning Board, and all such special exception uses shall be subject to site plan approval by the Planning Board: \[Amended 4-28-1997 by L.L. No. 6-1997; 2-12-2013 by L.L. No. 2-2013; 6-17- 2014 by L.L. No. 7-2014\] (10) Commercial solar energy production system, subject to the following criteria: (a) The commercial solar energy system shall not be on a parcel of less than five acres. (b) Solar energy production facilities shall be permitted only on those lands previously cleared and/or disturbed on or before January 1, 2018. No additional clearing shall be permitted, except that the removal of shrubs, underbrush and trees under six inches in diameter shall be permitted and shall not be deemed clearing. (cb) All ground-mounted panels shall not exceed the height of eight feet. (dc) All mechanical equipment of the commercial solar energy system, including any structure for batteries or storage cells, shall be completely enclosed by a minimum eight-foot-high fence with a self-locking gate. (ed) Notwithstanding any requirement in § 280-63 of this chapter, the total surface area of all ground-mounted and freestanding solar collectors, including solar photovoltaic cells, panels, and arrays, shall not exceed 80% of the total parcel area. (fe) A minimum twenty-five-foot perimeter buffer, consisting of natural and Southold Town Meeting Agenda - May 8, 2018 Page 36 undisturbed vegetation, supplemented with evergreen plantings, as needed, shall be provided around all mechanical equipment and solar panel arrays to provide screening from adjacent residential properties and Town, county and state roads. A vegetated perimeter buffer shall be installed to provide year-round screening of the system from adjacent properties. (gf) A minimum setback for a solar energy production facility and equipment used in conjunction with the solar energy production facility shall be located at least 100 feet from any residential dwelling or zone (hi) All solar energy production systems shall be designed and located in order to prevent reflective glare toward any habitable buildings as well as streets and rights-of-way. (ij) All on-site utility and transmission lines shall be, to the extent feasible, placed underground. (ji) A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations. (kj) The system shall be designed and situated to be compatible with the existing uses on adjacent and nearby properties. (lk) In approving a special exception, the Planning Board may waive or modify any of the above criteria if it finds that there is no detriment to public health, safety and welfare. (ml) Any special exception approval granted under this article shall have a term of 20 years, commencing from the grant of the special exception, which may be extended for additional five-year terms upon application to the Planning Board. (nm) Decommissioning/removal: \[1\] Any commercial solar energy production system that is not operated for a continuous period of 24 months shall be deemed abandoned. At that time, the owner of the commercial solar energy production system or the owner of the property where the commercial solar energy production system is located shall remove all components thereof within 90 days of such deemed abandonment or will be in violation of this section. In the case of a commercial solar energy production system on preexisting structures, this provision shall apply to the commercial solar energy production system only. If the commercial solar energy production system is not removed within said 90 days, the Building Inspector may give the owner notice that unless the removal is accomplished within 30 days, the Town will cause the removal at the owner's expense. All costs and expenses incurred by the Town in connection with any proceeding or any work done for the removal of a commercial solar energy production system shall be assessed against the land on which such commercial solar energy production system is located, and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located, then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner of the system and the owner of the property upon which the system is located shall fail to pay such Southold Town Meeting Agenda - May 8, 2018 Page 37 expenses within 10 days after the statement is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action, the Building Inspector may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred and the owner of the system and the owner of the property upon which the system is located, with the Assessors, who shall, in the preparation of the next assessment roll, assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as are provided by law for the collection and enforcement of real property taxes in the Town of Southold. \[2\] This subsection is enacted pursuant to § 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through removal provisions to ensure the proper decommissioning of commercial solar energy production systems within the entire Town. The removal reduction provision of this chapter shall supersede any inconsistent portions of Town Law § 64, Subdivision 5-a, and govern the subject of removal of commercial solar energy production systems in this chapter. 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-2018-434 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 - May 8, 2018 Page 38 2018-435 CATEGORY: Attend Seminar DEPARTMENT: Justice Court Justice Court Staff to Attend Seminar RESOLVED that the Town Board of the Town of Southold hereby grants permission to Justice Court Director Leanne Reilly, and Justice Court Clerks Dania Atkinson, Michele Drake, Diana Van Duzer, and Kendra Wadlington to attend the 2018 Annual Court Clerk Training on June 8, 2018 at the Cohalan Court Complex, 400 Carleton Avenue, Central Islip, NY. There is no cost to attend. Travel expense to be charged to the 2018 budget (meetings and seminars).  Vote Record - Resolution RES-2018-435 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 2018-436 CATEGORY: Bid Acceptance DEPARTMENT: Police Dept Accept Bid of Pirate's Cove Marina for Fishers Island's Channel Markers, Buoys, Etc. RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Pirate’s Cove Marine, Inc., Fishers Island, New York, in the amount of $3,200.00 for repair and placement of channel markers to be placed in both West Harbor and Hay Harbor, Fishers Island, New York, as well as retrieve, repair and replace, or return missing markers and instructional floats that are lost during the season, at a rate of $95.00 per marker plus the cost of necessary materials, buoys to be prepared and placed at the beginning of the season, and removed and stored by October 14, 2018; foregoing all in accordance with the bid notice of the Fishers Island Harbor Committee and subject to the approval of the Town Attorney.  Vote Record - Resolution RES-2018-436 Adopted  Yes/Aye No/Nay Abstain Absent Adopted as Amended  James Dinizio Jr     Defeated  Southold Town Meeting Agenda - May 8, 2018 Page 39 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  2018-437 CATEGORY: Bid Acceptance DEPARTMENT: Solid Waste Management District Materials Hauling Bids RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Power Crush, Inc. to supply the town with services to haul construction and demolition debris and single stream recyclables in the amount of $422.22/trailer load, using 125 cubic yard capacity trailers, as detailed in their bid opened by the Southold Town Clerk on May 3, 2018, all in accordance with the Town Attorney.  Vote Record - Resolution RES-2018-437 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  2018-438 CATEGORY: Budget Modification DEPARTMENT: Engineering 2018 Budget Modification- Engineering Financial Impact: Southold Town Meeting Agenda - May 8, 2018 Page 40 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.1440.2.100.100 Field Equipment $ 400.00 Total $ 400.00 To: A.1440.1.300.100 Seasonal Employees, Regular Earnings $ 400.00 Total $ 400.00  Vote Record - Resolution RES-2018-438 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 2018-439 CATEGORY: Attend Seminar DEPARTMENT: Engineering Michael Collins to Attend I/A Onsite Wastewater Design Training RESOLVED that the Town Board of the Town of Southold hereby grants permission to Michael Collins to attend the Design of Innovative/Alternative Onsite Wastewater Systems and Leaching Systems in Riverhead, NY, on May 10, 2018. All expenses for registration, travel to be a legal charge to the 2018 budget (meetings and seminars).  Vote Record - Resolution RES-2018-439 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 Southold Town Meeting Agenda - May 8, 2018 Page 41 Rescinded  Louisa P. Evans     Town Clerk's Appt  Scott A. Russell      Supt Hgwys Appt  No Action  Lost 2018-440 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint Craig Jobes PT Environmental Analyst RESOLVED that the Town Board of the Town of Southold hereby appoints Craig Jobes to the position of Part Time Environmental Analyst for the Department of Public Works effective January 1, 2018 at a rate of $32.96 per hour, not to exceed 17.5 hours per week.  Vote Record - Resolution RES-2018-440  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  2018-441 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint Lynn M. Nyilas PT Community Relations Specialist RESOLVED that the Town Board of the Town of Southold hereby appoints Lynn M. Nyilas to the position of Part Time Community Relations Specialist for the Supervisor’s Office effective January 1, 2018 at a rate of $32.96 per hour, not to exceed 17.5 hours per week.  Vote Record - Resolution RES-2018-441 Yes/Aye No/Nay Abstain Absent Adopted  Adopted as Amended  James Dinizio Jr     Southold Town Meeting Agenda - May 8, 2018 Page 42 Defeated  William P. Ruland     Tabled  Jill Doherty      Withdrawn Robert Ghosio      Supervisor's Appt  Tax Receiver's Appt Louisa P. Evans     Rescinded  Scott A. Russell     Town Clerk's Appt  Supt Hgwys Appt  No Action  Lost  2018-442 CATEGORY: Legal DEPARTMENT: Town Clerk Waiver of Highway Specifications Whereas, the Alexander L. and Tracy M. Sutton are the landowners of SCTM# 1000-78-9-54 and SCTM# 1000-78-9-78; an 88.66’ (at widest point) by 505.57’ long unnamed, unimproved road subject to rights of others (right of way); and Whereas, a filed Access Easement indicates that the owner of the right of way is Little Pike’s Properties, Inc. owned by Alexander Sutton; and Whereas, in 2010 the Zoning Board of Appeals granted Alternative Relief to allow for SCTM# 1000-78-9-54 to be subdivided into two lots where Lot 1 equals 1.13 acres and Lot 2 equals 0.69 acres, located in the R-40 Zoning District with the following condition concerning the right of way: 1) The 50 foot x 400 foot R.O.W. (parcel 1000-78-9-78) must be continuously maintained by the owner and any future owners with clearing for vehicular traffic including emergency vehicles, and Whereas, on September 8, 2014, the Planning Board agreed to place a Covenant on the right-of- way requiring that it remains open and accessible to emergency vehicles over its entire length in perpetuity; and Whereas, on September 24, 2014, the Planning Board contacted the Highway Superintendent and the Office of the Town Engineer requesting that the right-of-way remain as it currently exists and not be improved to meet Highway Specifications; and Whereas, on September 25, 2014 and October 17, 2014 the Office of the Town Engineer sent a response to the Planning Board’s request stating that, after review, the Highway Superintendent and the Office of the Town Engineer have agreed to waive the requirement to meet Chapter 161. Southold Town Meeting Agenda - May 8, 2018 Page 43 Highway Specifications of the Southold Town Code; and Whereas, the applicant has filed with the Office of the Suffolk County Clerk a Declaration of Covenant and Restrictions for the Subdivision in Liber D00012923 Page 987, a Declaration of Covenants and Restrictions for the Right of Way in Liber D00012922 Page 062, and an Access Agreement in Liber D00012922 page 061; and Whereas, on April 16, 2018 the Planning Board received a letter from the Southold Fire District dated April 11, 2018 that confirmed the road has been inspected and now provides sufficient access for a fire truck and meets § 280-109.9 Access requirements of the Southold Town Code; therefore be Resolved, that the Town Board of the Town of Southold on recommendation of the Town of Southold Superintendent of Highways hereby waives Chapter 161. Highway Specifications Article III. Roadway Construction, of the Southold Town Code for the Standard Subdivision of Alexander L. and Tracy M. Sutton.  Vote Record - Resolution RES-2018-442 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 2018-443 CATEGORY: Property Acquisition Public Hearing DEPARTMENT: Land Preservation Set Public Hearing - Carnation Properties Dev Rights Easement RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, May 22, 2018, at 4:32 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of a development rights easement on property owned by Carnation Properties, Inc. Said property is identified as part of SCTM #1000-109.-1-10.1. The address is 23195 NYS Route 25 in Cutchogue. The property is located in the Agricultural-Conservation (A-C) Zoning District and is situated on the northerly side of NYS Route 25 approximately 1482 feet west of Alvah’s Southold Town Meeting Agenda - May 8, 2018 Page 44 Lane in Cutchogue, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 51.6± acres (subject to survey) of the 53.472± acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The easement will be acquired using Community Preservation Funds. The purchase price is $62,790.00 (sixty-two thousand seven hundred ninety dollars) per buildable acre, estimated at $3,239,964.00 (three million two hundred thirty-nine thousand nine hundred sixty four dollars) for the 51.6± acre easement. Purchase price will be adjusted at time of closing based on final survey acreage determination, plus acquisition costs. The property is listed on the Town’s Community Preservation Project Plan as property that should be preserved due to its agricultural and aquifer recharge area values. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours.  Vote Record - Resolution RES-2018-443 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 2018-444 CATEGORY: Employment - Town DEPARTMENT: Accounting Police Department-Appoint TCO's RESOLVED that the Town Board of the Town of Southold hereby appoints the below individuals to the position of Traffic Control Officer for the Southold Town Police Department, effective May 14, 2018 through September 16, 2018 at a rate of $17.13 per hour. Southold Town Meeting Agenda - May 8, 2018 Page 45 Christian Figurniak James McDonald Nicholas Noormae Greg Sheryll Samuel Strickland  Vote Record - Resolution RES-2018-444 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 2018-445 CATEGORY: Performance Bond DEPARTMENT: Town Clerk Reduction of Preformance Bond - Royalton WHEREAS, on April 27, 2017, the Town of Southold received an Irrevocable Standby Letter of Credit (“ISLC”) in the amount of three hundred fourteen thousand eight hundred seventy dollars ($314,870.00) dated April 26, 2017 from Bank of America Merrill Lynch on behalf of the Applicant, 55 Cox Neck Road Realty, LLC; and WHEREAS, on August 15, 2017 Town Board of the Town of Southold accepted the ISLC in the amount of $314,870.00 in Resolution 2017-717; and WHEREAS, on February 2, 2018 the site was inspected by Jamie A. Richter, R. A., Town Engineer Office and, with approval from the Superintendent of Highways, recommended a reduction in the performance guarantee from $314,870.00 to $180,447.00; and WHEREAS, on May 7, 2018 the Southold Town Planning Board approved the reduction in the performance guarantee and recommends the same to the Town Board of the Town of Southold; be it therefore RESOLVED, that the Town Board of the Town of Southold hereby approves, upon the recommendation of the Southold Town Planning Board and the Office of the Town Engineer, the Southold Town Meeting Agenda - May 8, 2018 Page 46 reduction of the performance bond for the Estates at Royalton Subdivision dated February 5, 2018 and prepared by Jamie A. Richter, R. A. in the amount of one hundred eighty thousand, four hundred and forty seven dollars ($180,447.00), all in accordance with the approval of the Town Attorney; and be it further RESOLVED, that the Southold Town Clerk is authorized to release the ISLC upon the submission of a replacement in the amount of $180,447.00 Pursuant to § 240-34. Forms of security; expiration and terms of bonds; default of the Southold Town Code.  Vote Record - Resolution RES-2018-445 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 2018-446 CATEGORY: Employment - Town DEPARTMENT: Accounting Create and Set Salary Scale - Groundskeeper I RESOLVED that the Town Board of the Town of Southold hereby creates the position of Groundskeeper I and establishes the annual rate of pay for Groundskeeper I as follows: Effective Date / Entry Step Level 1 2 3 4 5 January 1, 2016 $24.6121 $26.3679 $27.0702 $28.0187 $28.7210 $30.4784  Vote Record - Resolution RES-2018-446  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 Southold Town Meeting Agenda - May 8, 2018 Page 47 Rescinded  Louisa P. Evans     Town Clerk's Appt  Scott A. Russell      Supt Hgwys Appt  No Action  Lost 2018-447 CATEGORY: Authorize to Bid DEPARTMENT: Town Clerk Bid for Solar Array - Animal Shelter RESOLVED that the Town Board of the Town of Southold hereby rejects any and all bids received for the Animal Shelter Solar Array and be it further RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to re- advertise for bids for the Installation of photovoltaic (PV) solar array at the Town Animal Shelter.  Vote Record - Resolution RES-2018-447 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  2018-448 CATEGORY: Budget Modification DEPARTMENT: Public Works Budget Mod Financial Impact: Beach improvements needed due to multiple storm impacts RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 General Southold Town Meeting Agenda - May 8, 2018 Page 48 Fund Public Works budget as follows: From: A.1620.4.400.100 Building Maint/Repair $2,500 A.1620.4.400.600 Equipment Maint/Repair 2,500 Total $5,000 To: A.1620.2.500.350 Beach Improvement $5,000 Total $5,000  Vote Record - Resolution RES-2018-448  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  2018-449 CATEGORY: Budget Modification DEPARTMENT: Accounting 2018 Budget Modification- Capital Financial Impact: Establish budget for Pickle Ball Court RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 General Fund Whole Town and Capital budgets as follows: Increase: A.2025.00 Park & Playground Revenue $50,000 Total $50,000 Increase: A.9901.9.000.100 Transfer to Capital $50,000 Total $50,000 Southold Town Meeting Agenda - May 8, 2018 Page 49 Capital Project Name: FY 2018 Pickleball Courts Financing Method: Transfer from the General Fund Whole Town Fund Increase Revenues: H.5031.54 Interfund Transfers, Park & Playground $50,000 Total $50,000 Increase Appropriations: H.7110.2.500.200 Parks, Capital Outlay Pickleball Courts $50,000 Total $50,000  Vote Record - Resolution RES-2018-449 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  2018-450 CATEGORY: Budget Modification DEPARTMENT: Accounting 2018 Budget Modification- Capital Financial Impact: Increase budget for East Marion Tennis Courts WHEREAS the Town Board of the Town of Southold adopted a 2018 Capital Budget which includes an appropriation for a project for the East Marion Tennis Courts, and 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 modifies the 2018 General Fund Whole Town and Capital budgets as follows: Increase: Southold Town Meeting Agenda - May 8, 2018 Page 50 A.2025.00 Park & Playground Revenue $1,000 Total $1,000 Increase: A.9901.9.000.100 Transfer to Capital $1,000 Total $1,000 Capital Project Name: FY 2018 East Marion Tennis Courts Financing Method: Transfer from the General Fund Whole Town Fund Increase Revenues: H.5031.54 Interfund Transfers, Park & Playground $1,000 Total $1,000 Increase Appropriations: H.7197.2.500.100 Recreation, Capital Outlay East Marion Tennis Courts $1,000 Total $1,000  Vote Record - Resolution RES-2018-450 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 2018-451 CATEGORY: Employment - Town DEPARTMENT: Accounting Police Department-Appoint TCO RESOLVED that the Town Board of the Town of Southold hereby appoints Terrance Demeroto to the position of Traffic Control Officer for the Southold Town Police Department, effective May 14, 2018 through September 16, 2018 at a rate of $17.13 per hour. Southold Town Meeting Agenda - May 8, 2018 Page 51  Vote Record - Resolution RES-2018-451 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 2018-452 CATEGORY: Budget Modification DEPARTMENT: Accounting 2018 Budget Modification- Credit Card Fees Financial Impact: To establish and fund lines for credit cards charges RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 General Fund Whole Town and Part Town budgets as follows: From: A.1990.4.100.100 Unallocated Contingencies $6,000 B.1990.4.100.100 Unallocated Contingencies $3,000 Total $9,000 To: A.1375.4.500.100 Credit Card Fees $6,000 B.1375.4.500.100 Credit Card Fees $3,000 Total $9,000  Vote Record - Resolution RES-2018-452 Adopted  Yes/Aye No/Nay Abstain Absent Adopted as Amended  James Dinizio Jr     Defeated  William P. Ruland     Tabled   Withdrawn Jill Doherty      Supervisor's Appt Robert Ghosio     Tax Receiver's Appt  Louisa P. Evans     Rescinded  Scott A. Russell     Town Clerk's Appt  Southold Town Meeting Agenda - May 8, 2018 Page 52 Supt Hgwys Appt  No Action   Lost 2018-453 CATEGORY: Authorize to Bid DEPARTMENT: Engineering Whistler Avenue Drainage Bid RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the installation of drainage improvements on Whistler Avenue, Fishers Island. .  Vote Record - Resolution RES-2018-453  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  2018-454 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Termination of Contract/Release-Whistler Avenue Drainage Project RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to sign the Termination of Contract/Release and Discharge Agreement between the Town of Southold and B&W Paving & Landscaping, LLC in connection with the termination of Contract entered into on October 31, 2017, for the installation of drainage improvements to Whistler Avenue, subject to the approval of the Town Attorney.  Vote Record - Resolution RES-2018-454  Adopted Yes/Aye No/Nay Abstain Absent Southold Town Meeting Agenda - May 8, 2018 Page 53 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 2018-455 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Contract of Sale - Town Hall Annex RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a Contract of Sale for the purchase of the Town Hall Annex, subject to Town Attorney.  Vote Record - Resolution RES-2018-455 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 2018-456 CATEGORY: Coastal Erosion DEPARTMENT: Town Clerk Set Public Coastal Erosion Appeal of Southold Sunsets Holdings, LLC RESOLVED the Town Board of the Town of Southold hereby sets Tuesday, June 5, 2018 at Southold Town Meeting Agenda - May 8, 2018 Page 54 9:00 A.M. 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 Southold Sunset Holdings, LLC, which seeks relief from Section 111-6 and 111- 13(A) of the Town Code to demolish existing one-story dwelling, decks and foundation; construct on a piling system to elevate the finished floor to 16 feet elevation a proposed 957.77 square foot one-story, single-family dwelling with a combined 262.75 square feet of seaward side porch area with 7.6 foot wide stairs to ground and side deck area with 4 foot side stairs to ground within a near shore area in a Coastal Erosion Hazard Area located on property on parcel SCTM 1000-54-4-3 at Kenny’s Road, Southold, New York 11971, and directs the Town Clerk to publish notice of such appeal in the Suffolk Times newspaper not less than ten (10) days nor more than thirty (30) days prior to such hearing and to notify the applicant by first class mail.  Vote Record - Resolution RES-2018-456 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  2018-457 CATEGORY: Budget Modification DEPARTMENT: Accounting 2018 Budget Modification-Capital Financial Impact: Increase budget for Whistler Ave drainage project RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 General Fund Whole Town and Part Town budgets as follows: From: A.1990.4.100.100 Unallocated Contingencies $6,000 B.1990.4.100.100 Unallocated Contingencies $3,000 Total $9,000 To: A.1375.4.500.100 Credit Card Fees $6,000 Southold Town Meeting Agenda - May 8, 2018 Page 55 B.1375.4.500.100 Credit Card Fees $3,000 Total $9,000  Vote Record - Resolution RES-2018-457 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 2018-458 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney PH 6/5 7:32 Pm - LL - Rental Permits WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk th County, New York, on the 8 day of May, 2018, a Local Law entitled “A Local Law in relation to Rental Permits” now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 5th day of June at 7:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, “A Local Law in relation to Rental Permits” reads as follows: LOCAL LAW NO. 2018 BE IT ENACTED by the Town Board of the Town of Southold as follows: I. A new Chapter 207 of the Code of the Town of Southold is hereby adopted as follows: A Local Law entitled, “A Local Law in relation to Rental Permits” Southold Town Meeting Agenda - May 8, 2018 Page 56 § 207-1 Legislative intent. A. The intent of this chapter is to preserve the aesthetic integrity of our residential neighborhoods, prevent neighborhood blight, protect residential property values, encourage residential property maintenance and enhance the quality of life in our residential neighborhoods. B. This chapter is intended to apply to all dwelling units within the Town of Southold. The Town Board of the Town of Southold has determined that there exists in the Town of Southold serious conditions arising from non-owner occupied rental of dwelling units in one, two and three family and multiple dwellings that are substandard or in violation of the New York State Uniform Fire Prevention and Building Code, Building Rehabilitation Code, Electrical Code, Fire Prevention Code, Plumbing Code, and other codes and ordinances of the Town. Many of these dwellings are inadequate in size, overcrowded and dangerous, and such dwelling units pose hazards to life, limb and property of residents of the Town and others, tend to promote and encourage deterioration of the housing stock of the Town, create blight and excessive vehicle traffic and parking problems and to overburden municipal services. The Board finds that current Code provisions are inadequate to halt the proliferation of such conditions and that the public health, safety, welfare and good order and governance of the Town will be enhanced by enactment of the regulations set forth in this chapter, which regulations are remedial in nature and effect. The Board also finds that owner occupied dwellings can also fall into disrepair and not be adequately maintained, which has a detrimental effect on neighborhoods. C. Nothing herein shall interpreted to supersede any requirements contained in Chapter 280 or any other chapter of the Town Code of the Town of Southold. § 207-2 Definitions. As used in this chapter, the following terms shall have the meanings indicated: CODE ENFORCEMENT OFFICIAL The official who is charged by the Town Board with the administration and enforcement of this chapter, or any duly authorized representative of such person, including but not limited to the Building Inspector, Chief Building Inspector, Principal Building Inspector, Senior Building Inspector, Building Permits Examiner, Zoning Inspector, Electrical Inspector, Plumbing Inspector, Fire Marshal, Fire Marshal I, Fire Marshal II, Chief Fire Marshal, Town Investigator, Senior Town Investigator, Ordinance Enforcement Officer or Ordinance Inspector of the Town of Southold, Stormwater Manager, Town Engineer and such person(s) shall be certified as a New York State Code Enforcement Official. DWELLING A building designed exclusively for residential purposes. DWELLING, MULTIPLE-FAMILY A building, other than a or apartment house, designed for and occupied as a residence by Southold Town Meeting Agenda - May 8, 2018 Page 57 three or more families living independently of each other. DWELLING, ONE-FAMILY A detached building designed for and occupied exclusively as a home or residence by not more than one family. DWELLING, TWO-FAMILY A building arranged, designed for or occupied exclusively as a home or residence for not more than two families living independently of each other. DWELLING UNIT A single unit within a building or structure providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. IMMEDIATE FAMILY The immediate family of the owner of a housing unit consists of the owner's spouse, domestic partner, children, parents, grandparents or grandchildren, siblings, uncles, aunts, nieces, nephews, cousins and in-laws. OWNER Any person, partnership, corporation or other entity who, alone or jointly with others, shall have legal title to any premises, with or without accompanying actual possession thereof; or who shall have charge, care or control of any dwelling unit as a cooperative shareholder or as executor, administrator, trustee, receiver or guardian of the estate or as a mortgagee in possession, title or control; including but not limited to a bank or lending institution, regardless of how such possession, title or control was obtained. RENT A return, in money, property or other valuable consideration (including payment in kind or for services or other thing of value), for use and occupancy or the right to use and occupancy of a dwelling unit, whether or not a legal relationship of landlord and tenant exists between the owner and the occupant or occupants thereof. RENTAL DWELLING UNIT A dwelling unit established, occupied, used or maintained for rental occupancy RENTAL OCCUPANCY The occupancy or use of a dwelling unit by one or more persons as a home or residence Southold Town Meeting Agenda - May 8, 2018 Page 58 under an arrangement whereby the occupant or occupants thereof pay rent for such occupancy and use. RENTAL OCCUPANCY PERMIT A permit which is issued upon application to the Code Enforcement Officer designated by the Town Board with the administration of this Chapter and shall be valid for 24 months from the date of issuance. § 207-3 Neighborhood preservation requirements. A. Surface and subsurface water shall be appropriately drained to protect buildings and structures and to prevent the accumulation of water. Gutters, culverts, catch basins, drain outlets, stormwater sewers, approved combined storm and sanitary sewers or other satisfactory drainage systems shall be utilized to prevent damage to any portion of the subject or adjacent properties or any improvements thereupon. B. Steps, walks, driveways, parking areas and other paved areas shall be maintained in good repair. C. Yards shall be kept clean and free of physical hazards and debris. D. All lawns, common areas and recreation areas shall be maintained in a clean and neat condition, and grass shall be cut periodically to restrict growth in excess of 12 inches in total height. No portion of a lawn shall be damaged or destroyed by overuse or by the parking or driving of motor vehicles on such established lawn area. Carpet, tarps, sand or materials that damage or destroy the lawn shall not be placed anywhere upon a front lawn at any time. No portion of any front lawn shall be used for the parking, placement or storage of motor vehicles, trailers, boats or campers. E. Exterior surfaces of any and all dwellings, structures and accessory structures, including but not limited to fences that are not inherently resistant to deterioration, shall be periodically treated with a protective coating of paint or other suitable preservative. All surfaces shall be maintained free of deterioration, including but not limited to broken or missing glass, loose or missing shingles or siding, crumbling brick, stone and mortar and peeling, scaling or deteriorated paint. F. Dwellings, structures and accessory structures shall be maintained so as to be free of conditions detrimental to safety or health. G. Dwellings, structures, accessory structures and property shall be maintained free of vermin, rodent harborage and infestation. Methods used for exterminating vermin and rodents shall conform to Suffolk County Health Department standards. H. Adequate sanitary facilities and methods shall be used for the collection, storage, handling and disposal of garbage and refuse and sewage pursuant to Suffolk County Health Southold Town Meeting Agenda - May 8, 2018 Page 59 Department standards. I. Floors, walls, ceilings and fixtures in residential dwellings shall be maintained in a clean and sanitary condition. J. Dwellings, structures and accessory structures shall be free of partitions or locked internal doors barring access between segregated portions of the building or dwelling unit. K. No bedroom or sleeping quarters shall have interior key locks or dead bolt locked doors servicing said bedroom or sleeping quarters. L. No bedroom shall constitute the only means of access of other bedrooms or habitable spaces, and bedrooms shall not serve as the only means of egress from other habitable spaces. M. Carbon monoxide alarms and detectors shall be installed on every habitable floor of any dwelling, structure or accessory structure with a carbon monoxide source, in accordance with the New York State Uniform Fire Prevention and Building Code and Town Code Chapters 100 and 144. § 207-4 Fees. Rental Permit fees to be set by Town Board resolution. §207-5 Smoke detectors and carbon monoxide detectors. Each rental dwelling shall be equipped with a functioning smoke detectors and carbon monoxide detectors, in compliance with New York State Uniform Fire Prevention and Building Code. §207-6 Inspections. A. No permit shall be issued under any application unless all the provisions of the Code of the Town of Southold, the laws and sanitary and housing regulations of the County of Suffolk and the laws of the State of New York have been complied with. B. The Code Enforcement Official is authorized to make or cause to be made inspections, to determine the condition of dwellings and to safeguard the health, safety, morals and welfare of the public. The Code Enforcement Official or his designated representative is authorized to enter, upon the consent of the owner, any dwelling, dwelling unit, rooming house, rooming unit or premises at any reasonable time during daylight hours or at such other time as may be necessary in an emergency, without consent of the owner, for the purpose of performing his duties under this chapter. C. Search without warrant restricted. Nothing in this chapter, except for provisions concerning emergency inspections, shall be deemed to authorize the Code Enforcement Official or his authorized representative to conduct an inspection of any premises subject to this chapter without the consent of the owner of the premises or without a warrant duly issued by an Southold Town Meeting Agenda - May 8, 2018 Page 60 appropriate court. D. Conflict with other chapters or law. Nothing in this chapter shall be construed to negate the authority for inspections pursuant to any other section of law or court-ordered inspection. E. Presumption of rent. Any dwelling, dwelling unit, rooming house, rooming unit or any other premises subject to this chapter shall be presumed to be rented for a fee and a charge made if said premises are not occupied by the legal owner thereof. This presumption shall be rebuttable. §207-7 Application for search warrant. The Code Enforcement Official or his designated representative is authorized to make application to the Town of Southold Justice Court or Supreme Court of Suffolk County, or any court of competent jurisdiction, for the issuance of a search warrant in order to conduct an inspection of any premises covered by this chapter where the owner refuses or fails to allow an inspection of its rental premises and where there is reasonable cause to believe that a violation of this chapter has occurred. The application for a search warrant shall in all respects comply with the applicable laws of the State of New York. §207-8 Rental permit required. A. It shall be unlawful for any rental occupancy to exist in any dwelling without the owner's first having obtained a rental permit from the Code Enforcement Official. (1) It shall be an affirmative defense to a violation of Subsection A of this section that the rental occupant or occupants is/are immediate family members of the owner of the subject premises, as defined in this chapter. B. Entities including, but not limited to, limited-liability companies, corporations, small corporations, partnerships and professional corporations shall have a valid rental permit in effect at any time the dwelling is occupied. C. Application review; inspection of premises. (1) The Code Enforcement Official or his designee shall review each application for completeness and reject incomplete applications. The Code Enforcement Official shall create and approve the application requirements in accordance with this chapter. (2) Inspection report. the owner of the rental dwelling unit shall (1) arrange for an inspection of the unit or units and the premises on which the same are located by the Code Enforcement Official or his designee employed by the Town of Southold, or (2) provide to the Code Enforcement Official an inspection report, designed and approved by the Code Enforcement Official, signed by either a New York State licensed professional engineer, New York State licensed architect or home inspector who has a Southold Town Meeting Agenda - May 8, 2018 Page 61 valid New York State Uniform Fire Prevention Building Code certification that the structure and the dwelling units contained therein meet all applicable housing, sanitary, building, electrical and fire codes, rules and regulations. D. Rental permit requirements. (1) Rental permit applications shall be in writing on a form designed and approved by the Code Enforcement Official and shall include the owner's name, address and telephone number. (2) Rental permits shall also include the maximum number of persons that are allowed to occupy the premises pursuant to this chapter. (3) Rental permits shall contain a description of the unit, including the number of rooms in the rental dwelling unit, and the dimensions and use of each such room shall be included. The name, address and telephone number, if any, of the managing agent or operator of each such intended rental dwelling unit shall be included. (4) All applicants must submit a sworn statement that there are no existing or outstanding violations of any federal, state or county laws or rules or regulations or of any Town of Southold local laws or ordinances pertaining to the property. (5) All applicants for a rental permit shall sign an affidavit stating that they have received a copy of and fully understand the Southold Town Code concerning the restrictions on the number of unrelated persons occupying said residence. (6) All applicants must submit the following documents: (a) An accurate property survey of the premises prepared by a licensed surveyor drawn to scale not greater than 40 feet to one inch, or, if not shown on the survey, a site plan prepared by a licensed surveyor or engineer, drawn to scale, showing all buildings, structures, walks, drives and other physical features of the premises and the number, location and access of existing and proposed on-site vehicle parking facilities (c) Copies of all certificates of occupancy and/or pre-certificates of occupancy for all buildings and structures on the property. (d) An affidavit setting forth the address to be used as the last known address of the owner for service pursuant to all applicable laws and rules. The owner shall notify the Building Division of any change of address submitted pursuant to this section within five business days of any change thereto. (7) Each application shall be executed and sworn to by the owner of the premises. (8) Any additional information required by the Code Enforcement Official. (9) All rental properties containing eight or more rental units shall provide for a designated site Southold Town Meeting Agenda - May 8, 2018 Page 62 manager, who shall be available to address and resolve any issues with the property 24 hours a day. The owner of the property must file the manager's address, telephone number and other contact information with the Code Enforcement Official within five days of the designation of the manager or any changes thereto. E. Notwithstanding the above, no rental occupancy permit shall be required for a residential care facility licensed under federal, New York State or Suffolk County guidelines. F. Renewal of rental permits. (1) The Code Enforcement Official shall design and approve a renewal rental permit application form. A renewal rental permit application signed by the owner shall be completed and filed with the Building Department on or 90 days prior to the expiration date of any valid rental permit. A renewal rental permit application shall contain a copy of the prior rental permit. (2) A renewal rental permit application shall contain a signed sworn statement setting forth the following: (a) That there are no existing or outstanding violations of any federal, state or county laws or rules or regulations or of any Town of Southold local laws or ordinances pertaining to the property; and (b) That there are no changes to any information as provided on the prior valid rental permit and application. (3) Prior to the issuance of a renewal rental permit, the owner shall cause an inspection of the unit or units and the premises on which the same are located to take place pursuant to Subsection C(2) above. (4) The Town of Southold shall not accept, review or approve any renewal rental applications for dwellings wherein the prior rental permit expiration date has passed. If the expiration date has passed, the owner must file a new application. G. Registered motor vehicle restrictions. (1) Each rental dwelling shall be entitled to have one registered motor vehicle for each legally designated bedroom, as determined by the Code Enforcement Official, as well as one additional registered motor vehicle located thereat. §207-9 Revocation of permit. A. The Code Enforcement Official shall revoke a rental occupancy permit where he or she finds that the permit holder has caused, permitted, suffered or allowed to exist and remain upon the premises for which such permit has been issued, for a period of 14 business days or more after written, return receipt requested notice and opportunity to be heard has been Southold Town Meeting Agenda - May 8, 2018 Page 63 given to the permit holder, or the managing agent of such rental dwelling unit, a violation of the Multiple Residence Law and/or New York State Uniform Fire Prevention and Building Code or a violation of this chapter or other chapter of the Town Code. Revocation of a permit under this subsection cannot be done by a devisee or assistant of the Code Enforcement Official. B. An appeal from such revocation may be taken by the permit holder to the Town Board, by written request, made within 30 days from the date of such revocation. The Town Board shall hold a public hearing on such appeal after receipt of written request of such appeal, and after such hearing shall make written findings and conclusions and a decision either sustaining such permit revocation or reinstating such permit within 30 days after close of such public hearing. Unless the Town Board directs otherwise in circumstances constituting serious threats to health and safety, the filing of an appeal shall stay the effectiveness of a permit revocation until the Town Board has considered and ruled upon the issue. C. Any permit holder that takes an appeal to the Town Board from the revocation of a rental permit shall be required to pay an administrative fee $200.00 to the Town Clerk with the written request for the appeal. §207-10 Broker's/Agent's responsibility. A. Broker's/Agent's responsibility prior to listing. It shall be unlawful and a violation of this chapter and an offense within the meaning of the Penal Law of the State of New York for any broker or agent to list, solicit, advertise, exhibit, show or otherwise offer for lease, rent or sale on behalf of the owner any dwelling unit for which a current rental permit has not been issued by the Code Enforcement Official. It shall be the broker's or agent's duty to verify the existence of a valid rental permit before acting on behalf of the owner. B. It shall be unlawful and a violation of this chapter to accept a deposit of rent or security, or a commission, in connection with the rental of a rental dwelling unit located within the Town of Southold where no valid rental permit has been issued as required under this chapter. C. In the event that a person convicted of a violation of this section shall have been a real estate broker or salesperson licensed by the State of New York, at the time such violation was committed, the Town Clerk shall transmit a record of such conviction to the Division of Licensing Services of the Department of State and make complaint thereto against such licensee on behalf of the Town of Southold, pursuant to the provisions of Article 12-A of the Real Property Law. §207-11 Enforcement. This chapter shall be enforced by the Code Enforcement Officer as defined by this chapter. §207-12 Penalties for offenses. A. Any person, association, firm or corporation which violates any provision of this chapter or assists in the violation of any provision of this chapter shall be guilty of a violation, punishable: Southold Town Meeting Agenda - May 8, 2018 Page 64 (1) By a fine not less than $500 and not exceeding $5,000 or by imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense. (2) By a fine not less than $1,000 nor more than $10,000 or by imprisonment for a period not to exceed 15 days, or both, for conviction of the second of the two offenses, both of which were committed within a period of five years. B. Each week's continued violation shall constitute a separate additional violation. C. This section is enacted pursuant to Municipal Home Rule Law § 10(1)(ii) a(9-a) and § 10(1)(ii)d(3) and pursuant to § 10(5) of the Statute of Local Governments, and is intended to supersede Town Law § 268 and any other statute or local law to the extent necessary to increase the minimum and maximum penalties contained therein. §207-13 Implementation. This chapter shall be effective upon filing with the Secretary of State, whichever is later. No violation of this chapter will be charged prior to October 1, 2018. II. Severability. If any clause, sentence, paragraph, section or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in said judgment. III. Effective Date. This local law shall take effect upon filing with the Secretary of State.  Vote Record - Resolution RES-2018-458 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  2018-459 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Accounting Southold Town Meeting Agenda - May 8, 2018 Page 65 Engage Actuary for Pension Conversion Costs RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to engage Hooker & Holcombe to provide actuarial and related professional services to the Town relative to pension conversion costs in an amount not to exceed $3,500, and which shall be a legal charge to the Accounting and Finance Department’s 2018 Actuarial Services budget appropriation (A.1310.4.500.200), all in accordance with the approval of the Town Attorney.  Vote Record - Resolution RES-2018-459 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 2018-460 CATEGORY: Misc. Public Hearing DEPARTMENT: Town Clerk Special Event Appeal - 8 Hands RESOLVED the Town Board of the Town of Southold hereby sets Tuesday, May 8, 2018 at 4:33 PM at the Southold Town Meeting Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the Appeal of the denial to hold a Special Event of The 8 Hands Farm.  Vote Record - Resolution RES-2018-460 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 Louisa P. Evans  Rescinded     Town Clerk's Appt  Scott A. Russell     Supt Hgwys Appt  No Action  Southold Town Meeting Agenda - May 8, 2018 Page 66 Lost  2018-461 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Fishers Island Ferry District FIFD - Skyline 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 30, 2018 in regard to Skyline Custom Carpentry, Inc.  Vote Record - Resolution RES-2018-461 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  2018-462 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Fishers Island Ferry District FIFD - Federal Express 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 30, 2018 in regard to an agreement fith Federal Express.  Vote Record - Resolution RES-2018-462 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 - May 8, 2018 Page 67 Tax Receiver's Appt  Louisa P. Evans     Rescinded  Scott A. Russell      Town Clerk's Appt  Supt Hgwys Appt  No Action Lost  2018-463 CATEGORY: Legal DEPARTMENT: Fishers Island Ferry District FIFD - Edwards Claim 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 30, 2018 in regard to claim of Catherine Edwards.  Vote Record - Resolution RES-2018-463  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