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Home My WebLink AboutTB-11/08/2017 ELIZABETH A.NEVILLE �FF94 Town Hall, 53095 Main Road TOWN CLERK PO Box 1179 y Southold,NY 11971 REGISTRAR OF VITAL STATISTICS oy Fax(631)765=6145 MARRIAGE OFFICER �o! �a� Telephone: (631)765 - 1800 RECORDS MANAGEMENT OFFICER southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING November 8, 2017 7:00 PM A Regular Meeting of the Southold Town Board was held Wednesday,November 8, 2017 at the Meeting Hall, Southold,NY. Call to Order 7:00 PM Meeting called to order on November 8, 2017 at Meeting Hall, 53095 Route 25, Southold;NY. Attendee Name Organization ? Title 'Status Arrived James Dinizio Jr Town of SoutholdCouncilman Present William P. Ruland Town of Southold Councilman Present Jill Doherty _ Town of Southold .�WCouncilwoman Jy , Present�MM Robert Ghosio Town of Southold Councilman Present i LouisaP.wEvans � Town of Southold Justice Present Scott A. Russell ; Town of SoutholdSupervisoTr � -� Present mq��mm moa Elizabeth A. Neville ( Town of Southold Town Clerk Present William M Duffy Town of Southold Town Attorney Present I.,Reports 1. Building Department Monthly Report 2. Zoning Board of Appeals Monthly Report 3. Programs for the Disabled Monthly Report 4. Recreation Department Monthly Report 5. Department of Public Works Monthly Report 6. Town Clerk Reports II. Public Notices 1. US Army Corps of Engineers Southold Town Board Regular Meeting November 8 2017 page 2 III. Communications IV. Discussion 1. 9:00 Am - John Sepenoski 2. 9:15 Am -Jeff Standish, Tim Abrams and Jim Bunchuck 3. 9:45 Am -Denis Noncarrow 4. 9:30 Am -Denis Noncarrow, Rona Smith and Damon Hagan 5. Amendments to Chapter 280-13—Zoning, Use Regulations 6. 10:00 Am -Amy Folk 7. Motion To: Motion to Enter Executive RESOLVED that the Town Board of the Town of Southold hereby Enter into Executive Session at 10:31AM for the purpose of discussing the following matters: Potential Property Acquisition(S),Publicity of Which Would Substantially Affect the Value Thereof Labor-Matters Involving the Employment of a Particular Person(S) Litigation- Town of Southold V. Vineyard 48 RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell 8. EXECUTIVE SESSION - Potential Property Acquisition(S), Publicity of Which Would Substantially Affect the Value Thereof 9. EXECUTIVE SESSION -Labor- Matters Involving the Employment of a Particular Person(S) 10. EXECUTIVE SESSION-Litigation-Town of Southold V. Vineyard 48 11. Motion To: Motion to Exit Executive RESOLVED that the Town Board of the Town of Southold hereby Exit/Recess from this Executive Session at 1:49 PM. Southold Town Board Regular Meeting November 8 2017 page 3 RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell 12. Motion To: Recess 9:00 AM meeting RESOLVED that the Town Board of the Town of Southold hereby Recess this 9:00 AM meeting of the Town Board at 1:49 PM until the 4:OOPM& 7:OOPM Public Hearings and the Regular 7:OOPM Meeting of the Southold Town Board. RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Pledge to the Flag Motion To: Reconvenes 9:00 AM meeting RESOLVED that the Town Board of the Town of Southold hereby reconvenes the 9:00 AM meeting of the Southold Town Board at this 4'OOPM Public Hearing on the Budget of the Southold Town Board. RESULT: ADOPTED [UNANIMOUS] MOVER: Scott A. Russell, Supervisor SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Motion To: Motion to recess to Public Hearing RESOLVED that this meeting of the Southold Town Board be and_hereby is declared Recessed at 4:00 pm in order to hold a public hearing on the 2018 Preliminary Town Budget and Capital Budget. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Public Hearings Robert Ghosio, Jr. COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN that the Preliminary Budget and Preliminary Capital Budget of the Town of Southold, Suffolk County,New York for the fiscal year beginning on January 1, 2018 has been prepared and approved by the Southold Town Board and filed in the Office of the Town Clerk at the Southold Town Hall, 53095 Main Road, Southold,New York, where they are available for inspection and where copies may be obtained by any interested person during business hours. FURTHER NOTICE IS HEREBY GIVEN, that the Town Board of the Town of Southold will Southold Town Board Regular Meeting November 8 2017 page 4 meet and review said 2018 Preliminary Budget and 2018 Preliminary Capital Budget and hold a public hearing thereon at the Southold Town Hall, 53095 Main Road, Southold,New York, in said Town at 4:00 p.m. and at 7:00 p.m., on Wednesday,November 8,2017, and at such hearing any persons may be heard in favor of or against the 2018 Preliminary Budget and 2018 Preliminary Capital Budget as compiled, or for or against any item or items therein contained. FURTHER NOTICE IS HEREBY GIVEN that pursuant to Section 108 of the Town Law, the following are proposed yearly salaries of members of the Town Board, the Town Clerk, the Superintendent of Highways, Tax Receiver, Assessors, and Trustees: SCHEDULE'OF SALARIES OF ELECTED OFFICIALS (ARTICLE 8 OF TOWN LAW) Officer Supervisor $ 108,637 Members of the Town Board (4) @ 35,7'80 Town Justice and Member of the Town Board, Fishers Island 54,562 Town Justices (2) @ 73,190 Town Clerk 104,676 Superintendent of Highways 108,636 Tax Receiver 40,842 Assessors (3) @ 78,241 Trustees (5) @ 19,758 SUMMARY OF TOWN BUDGET 2018 PRELIMINARY Appropriations Less: Less: and Provisions Estimated Unexpended Amount to be Code Fund for Other Uses Revenues Balance Raised by Tax A General $ 32,247,813 $ 5,055,882 $ 1,025,000 $ 26,166,931 B General-Outside_ Village 2,725,886 1,839,898 150,000 735,988 DB Highway Fund 6,701,167 536,834 60,000 6,104,333_ CD Community Development 30,000 30,000 - CM Community Preservation 17,060,000 7,130,000 9,930,000 Fund CS Risk Retention Fund 545,000 545,000 - Total-Town $ 59,309,866 $15,137,614 $ 11,165,000 $ 33,007,252 DBI Orient Road Improvement $ - $ - $ - District SF East-West Fire Protection 785,517 250 - 785,267 District SM Fishers Island Ferry District 3,892,780 3,066,640 - 826,140 SR Solid Waste Management 4,028,449 1,969,800 60,000 1,998,649 District Southold Town Board Regular Meeting November 8 2017 page 5 SS1 Southold Wastewater - - - District SS2 Fishers Island Sewer 31,950 31,950 - - District F.I.Waste Management 908,975 53,400 - 855,575 District Orient Mosquito District 93,000 - - 93,000 Subtotal- $ 9,740,671 $ 5,122,040 $ 60,000 $ 4,558,631 Special Districts Orient-East Marion Park $ 51,000 $ - $ 10,000 $ 41,000 District Southold Park District 327,726 - - 327,726 Cutchogue-New Suffolk 130,000 - - 130,000 Park Dist. Mattituck Park District 784,000 51,000 450,000 1 283,000 Subtotal-Park Districts $ 1,292,726 $ 51,000 $ 460,000 $ 781,726 Fishers Island Fire District $ 423,500 $ 15 $ - $ 423,485 Orient Fire District 716,405 70,150 - 646,255 East Marion Fire District 619,700 107,600 - 512,100 Southold Fire District 1,942,750 25,656 - 1,917,094 Cutchogue Fire District 1,600,095 1,000 - 1,599,095 Mattituck Fire District 1,984,237 - 1,984,237 Subtotal-Fire Districts $ 7,286,687 $ 204,421 $ - $ 7,082,266 Total-All Districts $ 18,320,084 $ 5,377,461 $ 520,000 $ 12,422,623 Grand Totals $ 77,629,950 $20,515,075 $ 11,685,000 $ 45,429,875 I do have here an affidavit that this has been noticed and put on the Town Clerk's bulletin board and I also have here a copy of the legal notice where it was published in the Suffolk Times, November 2, 2017. That's it. Supervisor Scott A. Russell SUPERVISOR RUSSELL: I am going to invite anybody up that would like to comment on this particular hearing, town budget? Robert? Yes, please. Robert Dunn, Peconic ROBERT DUNN: Robert Dunn. I am the only one here. I will make the same comment I made two or three years ago, I think your salaries are lower. When you consider comparatively speaking, you and spoke, Scott, some weeks ago about an article in Newsday that presented a rather unfair picture about salaries and the headline started out with Southold's paying too many salaries over $100K and then it ended with a little blurb about the supervisor's salaries of various Southold Town Board Regular Meeting November 8 2017 page 6 towns throughout Long Island and you were third from the bottom, that was kind of impartial because they weren't presenting the fact that we have our own police force and most towns don't but my point is that no one was saying that our executive salaries are some of the lowest in the county and speaking for all of you, I have seen Jim on the weekend sticking grass in New Suffolk I have seen both Bob and Scott over in the Hamptons, take four, five hours to get to out of normal hours. It's not a job that's twice a month. I know Judge Evans, although I don't have a lot of knowledge over there, aside from her responsibilities as a Board member and a judge, she's probably the de facto government over there in that she can't walk the streets if someone is coming and I just know that from hearing conversations. So everyone is putting in a lot of hours, these aren't twice a month jobs and certainly your job is full-time in addition to the hours you put in outside. I don't think it would be absurd to sit down with people and come up with a reasonable adjustment. You have got to live in the real world. We live in a very expensive part of the world and I don't know that the job should be a sacrifice. COUNCILWOMAN DOHERTY: Thank you. SUPERVISOR RUSSELL: While you brought the issue up about salaries and I know Newsday focused on salaries, I think what we have to get in the habit of doing when we talk about salaries, we really need to talk about total compensation. I appreciate everything you said with regard to our salaries but even when we are discussing the work force, we have to look at total compensation, total costs, total benefits. We need to start talking about that healthcare counts as compensation. My car that I use, the town car, counts as compensation. So, yes, so people understand what the cost drivers are here when your medical insurance goes up 8 or 9 or 10 percent, I think the current coverage is about $29,000 per family. That's substantial compensation and we always need to factor that back in. retirement costs, retirement contributions, all of those things. I don't think we do enough of that and I think Newsday should do a little more of a thorough job in the future and do that. Get a better, more complete future. I was remiss for any of the people that are watching, which I am going to guess are around three, Kristie Hightower is our new town Comptroller. Kristie is instrumental person in helping create this budget. Obviously I couldn't have done it without her. She's fairly new but I tell you, she's figured this town out and the finances of this town out very quickly. So thank you, Kristie. I believe the actual tax increase, I am sorry, the tax increase for what would appear on your bills would be about 1.77, it differs a little bit from the budget I presented to them. If you want to talk about the changes, feel free. Otherwise we can do it at 7:00. Councilman William P. Ruland COUNCILMAN RULAND: I think what we should talk about is what it takes to have brought the budget to this point, in other words bringing it to the public hearing. There's been a number of meetings that many of us have been a part of and they were way more than Scott described between Supervisor and Comptroller and her staff and I think that we should never forget what it takes to put something like this together and then once it's put together and once it's finally adopted, what it takes to make it work. Because your budget in every case is your best estimate of what it's going to cost. There are fixed costs and the Supervisor was speaking about healthcare, while we consider it a fixed cost, when it goes up 20% or more in just two or three Southold Town Board Regular Meeting November 8 2017 page 7 years it's not very fixed and the only thing we may know is that it's going to cost you X amount more the following year but how you come to offset that with a revenue is another thing altogether and I think we all would agree that being fiscally conservative in something that you are asking people that have no choice but to pay because it's part of their tax bill, we need to be very, very careful what in fact we bring forth. One of the things I see that is very encouraging is the amount of detail that has been involved in determining what these best estimates are going to be. And then knowing that if you put a line in your budget for unallocated contingencies, that will in fact service you for the entire year if there are one or more hiccups that come along and there are always hiccups. We would be very foolish is we thought that we would go from January 1St to December 31St and not have one hiccup that we didn't plan on. It can't be avoided and how we deal with that, we have learned in the past, we know where we are today and it helps us as we go forward till tomorrow. So that said, Mr. Supervisor, I offer to you my thanks. I know the amount of heartburn and angst that goes into these repeated department meetings, department head meetings, re-meetings with the departments, looking into the budgets and saying, you know, we are going to have to try and enact some more savings out of this budget because that section is just a little too much and coming up with the results we have today. so I offer you my thanks, I think that what's presented so far is responsible and I am looking forward to moving ahead. Supervisor Russell SUPERVISOR RUSSELL: I also want to mention, I want to thank the department heads, going over the budget with each of them. They each submit a budget to me which is a budget request, not one department head asked me for anything that was unreasonable. Everything they asked for was reasonable. We said no to a lot of those things but no one came in with a pie in the sky notion that they wanted to spend all of this money that wasn't essential. Robert Dunn MR. DUNN: Part of that what you just said is because you guys kind of set a level of expectation of what people can get. I think that the departments, everyone here, kind of works with that, that we are not going to go crazy. I mean, I was involved in another government up west and people just ask for millions each year, it was just kind of throwing a number at a wall hoping to get some of it. That kind of thing doesn't seem to happen here from what I can see. And having been involved with a few of the departments. I can see the way they approach their things because that is what is expected of them, it's not just a bottomless pit, the money. And can I just ask, how does the Greenport thing work in? They have their own budget. SUPERVISOR RUSSELL: The village, yes, basically there is a whole town budget and part town budget. Part town would be for the town excluding the village of Greenport. The whole town budget would, which would include... MR. DUNN: So they pay a tax to the town like we pay a tax to the county. Southold Town Board Regular Meeting November 8 2017 page 8 SUPERVISOR RUSSELL: Yes, they pay taxes, they are Southold town residents so they pay taxes too but generally the zoning, planning, building and more recently highway, they are excluded paying taxes to. Those are the functions they have at their local level. MR. DUNN: Thank you. Councilman Ghosio COUNCILMAN GHOSIO: Just going back to something that Robert was saying about the department heads, what I find really heartening, even though they have that expectation when they come in to talk to us about their budget, it's the passion about their program. Of course, it's focused in on what they do and what their department does and they try to work within a certain amount of money but they are passionate about what they are trying to focus on and trying to do in their department and I think that's, it's the one time during the year where we really do get to sit down with them and go over just about everything that they are doing. I find that their work and their passion is tremendous. So there is a lot of work in putting their budget together, so I appreciate the work they do. Supervisor Russell SUPERVISOR RUSSELL: Anybody else? (No response) Motion To: Adjourn Public Hearing RESOLVED that this public hearing of the Southold Town Board be and hereby is declared adjourned at 4:14P.M. to be reconvened at the 7:OOPM Regular Meeting. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Pledge to the Flag Motion To: Reconvenes 9:00 AM meeting RESOLVED that the Town Board of the Town of Southold hereby reconvenes the 4:00 PM public hearing of the Southold Town Board at this 7:00 PM Regular Meeting of the Southold Town Board. RESULT: ADOPTED [UNANIMOUS] MOVER: Scott A. Russell, Supervisor SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Motion To: Motion to recess to Public Hearing RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed at 7:01 PM in order to reconvene the public hearing on the 2018 Preliminary Budget and Capital Budget. Southold Town Board Regular Meeting November 8 2017 page 9 RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Councilman Robert Ghosio, Jr. COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN that the Preliminary Budget and Preliminary Capital Budget of the Town of Southold, Suffolk County,New York for the fiscal year beginning on January 1, 2018 has been prepared and approved by the Southold Town Board and filed in the Office of the Town Clerk at the Southold Town Hall, 53095 Main Road, Southold,New York, where they are available for inspection and where copies may be obtained by any interested person during business hours. FURTHER NOTICE IS HEREBY GIVEN,that the Town Board of the Town of Southold will meet and review said 2018 Preliminary Budget and 2018 Preliminary Capital Budget and hold a public hearing thereon at the Southold Town Hall, 53095 Main Road, Southold,New York, in said Town at 4:00 p.m. and at 7:00 p.m., on Wednesday, November 8,2017, and at such hearing any persons may be heard in favor of or against the 2018 Preliminary Budget and 2018 Preliminary Capital Budget as compiled, or for or against any item or items therein contained. FURTHER NOTICE IS HEREBY GIVEN that pursuant to Section 108 of the Town Law, the following are proposed yearly salaries of members of the Town Board, the Town Clerk, the Superintendent of Highways, Tax Receiver, Assessors, and Trustees: SCHEDULE OF SALARIES OF ELECTED OFFICIALS (ARTICLE 8 OF TOWN LAW) Officer Supervisor $ 108,637 Members of the Town Board (4) @ 35,780 Town Justice and Member of the Town Board, Fishers Island 54,562 Town Justices (2) @ 73,190 Town Clerk 104,676 Superintendent of Highways 108,636 Tax Receiver 40,842 Assessors (3) @ 78,241 Trustees (5) @ 19,758 The summary of the budget is also here and can be examined at any time in the Town Clerk's office. I do have an affidavit that this has been posted on the Town Clerk's bulletin board and I have a copy that this has appeared in the Suffolk Times. Supervisor Scott A. Russell SUPERVISOR RUSSELL: I am going to invite anybody that would like to address the Town Board on the proposed budget for 2018 to please feel free? (No response) One thing I will clarify, this budget does not set the salaries for elected officials, the numbers that are read were Southold Town Board Regular Meeting November 8 2017 page 10 actually budgeted numbers. The salaries will not be set until after the organizational meeting after the first of the year. This is simply for budgeting purposes to include money, that would represent the ceiling on how high the salaries could go but again, we haven't set them yet. COUNCILMAN GHOSIO: After the hearing, do we have the opportunity to make changes if we feel it's appropriate or no? SUPERVISOR RUSSELL: That's going to be difficult to do, I think at this stage of the game because... JUSTICE EVANS: I think it's unlikely we would do that but (inaudible)... COUNCILMAN RULAND: Of.course, (inaudible) we'd need to change it. JUSTICE EVANS: We know we have one change already but that's the capital budget, from Human Resources. Supervisor Russell SUPERVISOR RUSSELL: Okay. Nobody? (No response) Adopt Preliminary 2018 Budget & Set Public Hearing This public hearing was declared CLOSED at 7:05 pm RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Motion To: Reconvenes 9:00 AM meeting RESOLVED that the Town Board of the Town of Southold hereby reconvenes the 9:00 AM meeting of the Southold Town Board at 7:05PM at this 7:OOPM Regular Meeting of the Southold Town Board. RESULT: ADOPTED [UNANIMOUS] MOVER: Scott A. Russell, Supervisor SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Opening Comments Supervisor Russell SUPERVISOR RUSSELL: Would anybody like to address the Town Board on any of the agenda items? (No response) V. Resolutions 2017-918 Southold Town Board Regular Meeting November 8 2017 page 11 CATEGORY.• Audit DEPARTMENT.- Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated November 8 2017. ✓Vote Record-Resolution RES-2017-918 Q Adopted ❑ Adopted as Amended ❑ Defeatedr-_ Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter RI I ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter I Q ( ❑ O 1 ❑ ❑ Tax Receiver's Appt Jill Doherty Voter CSI ❑ ❑ ❑ ❑ Rescinded Robert Ghosto Seconde Q -Of ❑ ❑ Louisa P Evans Mover Q ❑ 11 El❑ Town Clerk's Appt _ ❑ Supt Hgwys Appt Scott A.Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-919 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,November 21, 2017 at Southold Town Hall, 53095 Main Road, Southold, New York at 4:30 P. M.. ✓Vote,Record-Resolution RES-2017-919 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled -- ❑ Withdrawn James Dmizio Jr Voter Q ❑ 1-1 ❑ ❑ Supervisor's Appt William P Ruland Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter Q ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconde RI ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost Southold Town Board Regular Meeting November 8 2017 page 12 2017-915 Tabled 10124/2017 7:30 PM CATEGORY.• Enact Local Law DEPARTMENT. Town Clerk Enact L L Chapter 275 Coastal Contractor Licensing WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 291h day of August, 2017, a Local Law entitled "A Local Law in relation to Amendments to Chapter 275, Wetlands and Shoreline, in connection with Coastal Contractor Licensing" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons will be given an opportunity to be heard,NOW therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 275,Wetlands and Shoreline, in connection with Coastal Contractor Licensing" reads as follows: LOCAL LAW NO. 16 of 2017 A Local Law entitled, "A Local Law in,relation to Amendments to Chapter 275,Wetlands and Shoreline, in connection with Coastal Contractor Licensing". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. In order to continue to protect the natural state of the shorelines and wetlands within the Town of Southold, it is the purpose of these amendments to provide herein for a strengthened system of local licensing of marine contractors in order to more fully protect homeowners and responsible marine contractors alike. II. Chapter 275 of the Code of the Town of Southold is hereby amended as follows: § 275-2. Definitions; word usage. COASTAL CONSTRUCTION - The repair, modification, re-construction or new construction of structures including but not limited to bulkheads, docks, floats, jetties, groins, catwalks, stairways decks revetments any erosion or water control device. Included in this definition is landscape design landscape architecture the installation or maintenance of lawns, hedges, trees and other plantings or structural elements such as patios, decks, retaining walls, in-ground irrigation systems or other work in and around wetland areas which requires a permit pursuant to this Chapter entitled Wetlands and Shorelines or Chapter 111 Coastal Erosion Hazard Areas of Southold Town Board Regular Meeting November 8 2017 page 13 the Town Code. COASTAL CONTRACTOR- A person who carries out, engages in, undertakes or holds himself out to others as performing or available to perform coastal construction. 275-3(a) Licensing of Coastal Contractors. A. CommencingJanuary anuary 1„2018 it shall be unlawful for any person to engage in coastal construction in the Town of Southold without first obtaining a license from the Southold Town Clerk's Office in accordance with the provisions of this Chapter. Such license or a copy thereof shall be available at all of the contractor's work sites and shall be produced to any official having jurisdiction upon demand. Licenses for coastal contractors are non-transferable. B. Exceptions. No license shall be-required for the following: (1) An individual who engages in coastal construction on their own residential property. This exception shall not appl t�rporations, limited liability companies or other unincorporated business entities. (2) An individual who performs labor or services for a licensed coastal contractor for wages or salary. (3) An architect professional engineer, land surveyor or any other person who is required by state or Town law to attain standards of competency or experience as a prerequisite to engaging in such craft or profession and who is acting exclusively within the scope of the craft or profession for which he is currently licensed. (4) Any municipality_or government agency. C. Fees. (1) The fee for a coastal contractor's license shall be set by the Town Board, and shall be paid upon the filing of each application. A license issued hereunder shall be for a period of one year from the date of issuance thereof. D. Insurance required. A coastal contractor shall have a certificate of insurance and workers compensation insurance covering liability upon applying for a coastal contractor's license and shall maintain such policy during the period the license is in effect. In addition to the above coastal contractors must provide proof of an issued Suffolk County Contractors license where applicable. Failure to maintain said coverage will provide grounds for revocation of the license pursuant to § 275-3a(E). E. Acknowledgement of Town Law Compliance All applicants for a coastal contractors license shall be required to read, review and provide an acknowledgement that they are on affirmative notice of Chapters 111 and 275 of the Town Code and agree to abide by the requirements set forth therein. They must further acknowledge that failure to do so may result in the revocation of the coastal contractors license. F. Revocation of license. (1) Licenses issued under the provisions of this chapter may be revoked by resolution of the Board of Trustees upon notice and hearing before the Board of Trustees. Southold Town Board Regular Meeting November 8 2017 page 14 (2) Licenses may be revoked for failure of contractors to abide by the terms and conditions of Trustee Permits and/or violations of Section 275 of the Town Code. (3) Notice of the-hearing before the Board of Trustees for revocation of a license shall be given in writing setting forth the grounds of the complaint and the time and place of hearing. (4) Grounds for a hearing shall be a conviction for a violation of section 275-5 or 275-11 of the Town Code (5) Such notice shall be sent by certified mailing to the address provided in the application for the license on file in the Town Clerk's Office, or, in the alternative,to the license holder's last known address. Such notice must be mailed at least five days prior to the date of the hearing. (6) At the conclusion of said hearing the Board of Trustees may, at their discretion, suspend or revoke the license or take no action. (7) In the event of two or more suspensions the Trustees may move to permanently bar the holder from license eligibility. (8) In addition to the revocation hearing a violation of the provisions of this chapter may be separately maintained in the Town Justice Court in accordance with 275-16. 275-16. Compliance requirements; penalties for offenses. B For each offense against any of the provisions of this chapter or any regulations made pursuant thereto, or failure to comply with a written notice or order of any-Director of Code Enforcement, Zoning Inspector; or Bay Constable within the time fixed for compliance therewith, the owner, occupant, builder, architect, contractor or their agents or any other person who commits, takes part or assists in the commission of any such offense or who shall fail to comply with a written order or notice of the Director of Code Enforcement, Zoning Inspector, or Bay Constable shall be subject to the following fine schedule. Each day on which such violation occurs may constitute a separate, additional offense.[Amended 12-18-2007 by L.L.No. 23-2007; 3-23-2010 by L.L. No. 1-2010] (1) Failure to obtain a permit. Any person conducting operations within the jurisdiction of the Trustees without first obtaining a permit according to the procedures outlined in this chapter shall be subject to a fine of not less than $1,000 and not more than$4,000 $6,000 or a term of imprisonment of not less than 15 days nor more than six months, or both. (21 Failure to comply with the terms of a permit. (a) Any person failing to comply with the terms of a permit shall be subject to a fine of not less than$-508$1,000 and not more than$4,000$6,000. For each subsequent offense, the violator shall be guilty of a misdemeanor punishable by a fine not less than$1,000 $2,000 nor more than$7,580 $10,000 or a term of imprisonment of not less than 15 days nor more than six months, or both. (b) Any person failing to comply with posting the permit and/or the, requirement for supporting plans to be available for immediate inspection pursuant to § 275-10 shall be subject to a fine of not more than$1,000. (3) Failure to heed a stop-work order. Any person conducting operations in direct Southold Town Board Regular Meeting November 8 2017 page 15 contradiction to the terms of a stop-work order shall be subject to a fine of not less than $1,000 and not more than$4,000$6,000. For each subsequent offense,the violator shall be guilty of a misdemeanor punishable by a fine not less than $ 000$2,000 nor more than$ 500$10,000 or a term of imprisonment of not less than 15 days nor more than six months, or both. (4) Restoration. In lieu or in addition to these punishments, any offender may be punished by being ordered to restore the affected wetland to its condition prior to the offense. Any such order shall specify a reasonable time for the completion of such restoration, which shall be effected under the supervision of the approving authority. The Trustees reserve the right to require specific replanting and restoration methods including specific survivability and success criteria. (5) Failure to comply with a restoration plan. Any person failing to comply with the terms of a mandated restoration plan as detailed in Subsection B(4) of this section within the proscribed period of time for completion shall be guilty of an offense and subject to a fine of not less than$1,000 and not more than$4-,000 $6,000. (6) For the offense of conducting or engaging in M coastal construction project or business without having first obtained a license, or while his license is suspended or revoked a violator shall be subject to a fine of not more than $5,000 for the first offense and not more than $10,000 for each subsequent offense. (k (7) Mitigation. When on-site wetlands restoration and creation may be unfeasible due to technical or other constraints, other mitigative measures, such as off-site wetland restoration or creation, may be required. (7) Other offenses. For an offense against any of the provisions of this Chapter not specifically designated above.,a violator shall be subject to a fine of not more than $1,000. III. SEVERABILITY If any clause, sentence,paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect January 1, 2018 after filing with the Secretary of State as provided by law. ✓Vote Record-Resolution RES-2017-915 Q Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated James Dimzio Jr Mover D ❑ ❑ ❑ ❑ Tabled William P.Ruland Seconded 0 1 ❑ ❑ 1 ❑ ❑ Withdrawn Jill Doherty Voter I D ❑ ❑ 1 ❑ ❑ Supervisor's Appt ❑ Tax Receiver's Appt Robert Ghosio Voter I D ❑ ❑ ❑ ❑ Rescinded Louisa P Evans Voter Rl ❑ ❑_ ❑ ❑ Town Clerk's Appt Scott A Russell Voter Rl ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action Southold Town Board Regular Meeting November 8 2017 page 16 ❑ Lost Comment regarding resolution 915 SUPERVISOR RUSSELL: Yes, with a clarification. What, we really noticed that meeting back in August? TOWN ATTORNEY DUFFY: It was held two weeks ago but it was noticed back in August. 2017-916 Tabled 1012412017 7:30 PM CATEGORY. Enact Local Law DEPARTMENT. Town Clerk Enact LL Parking Chapter 189 WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 12th day of September, 2017, a Local Law entitled"A Local Law in relation to Amendments to Chapter 189 Parkin, in connection with Town Parkin Permits" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons will be given an opportunity to be heard,NOW therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 189 Parking, in connection with Town Parkinjj Permits" reads as follows: LOCAL LAW NO. 17 of 2017 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 189 Parking, in connection with Town Parking Permits". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. II. Chapter 189 of the Code of the Town of Southold is hereby amended as follows: Chapter 189. Parkin Article I. Parking at Beaches 189-3. Parking permits. Southold Town Board Regular Meeting November 8 2017 page 17 Parking permits for parking vehicles in the parking areas designated in § 189-2 of this article shall be issued as follows: A. Resident parking permit. (1) A resident parking permit shall be issued by the Town Clerk or a person designated by him to all persons who are qualified residents of the Town of Southold. Persons applying for a resident parking permit shall be requested to sign an application in affidavit form and submit for inspection the following as proof of residence: [Amended 5-25-1971; 3-25-1975 by L.L. No. 1-1975; 7-14-1987 by L.L. No. 11-1987] (a) A valid tax receipt stub for the current year for any taxable real property within the Town of Southold assessed in the name of the applicant. (b) A valid motor vehicle registration in the name of the applicant and to an address located within the Town of Southold or to an address corresponding to the address of a validated tax receipt stub for the current tax year for any taxable real property within the Town of Southold affixed to the application. (c) Such other proof of residence as is satisfactory to the Town Clerk. (2) The Town Clerk or a person designated by the Town Clerk shall inspect such application to determine that the applicant is a qualified resident of the Town. Upon approval of the application, a resident parking permit shall be issued and inscribed with the vehicle license registration number. Such permit shall not be transferred to any other vehicle. [Amended 3-25-1975 by L.L. No. 1-1975; 12-28-1984 by L.L.No. 10-1984] (3) Resident parking permits for motor vehicles shall be permanently affixed to the right side of the front bumper of such vehicle and b 4'a the vehiele and an a#aehedtfai ..[Amended 5-9-1972; 10-18-1994 by L.L.No. 21-1994] (4) A Resident Parking Permit shall be valid for two years. The first two (2) year permit period shall commence January 1, 2018 and terminate on December 31, 2019. Thereafter, a new two (2) year permit period shall commence on January 1 st of every even-numbered year. (5) The fee for the issuance of a resident parking permit shall be such fee as shall be prescribed by a resolution of the Southold Town Board.[Added 3-25-1975 by L.L.No. 1-1975] B. Lessee parking permit. (1) A lessee parking permit shall be issued by the Town Clerk or a person designated by him to all persons who lease or rent property within the Town of Southold but do not qualify as residents as defined in § 189-3A hereof. Persons applying for a lessee parking permit shall present an application in affidavit form, signed by the lessee and the owner of the property, setting forth: (a) The location of the leased or rented property. Southold Town Board Regular Meeting November 8 2017 page 18 (b) The persons occupying the same. (c) The term of such tenancy. (2) Upon a determination by the Town Clerk or person designated by him that the applicant is entitled to a lessee parking permit and upon the payment of the'permit fee, such permit shall be issued and inscribed with the vehicle license registration number and shall be affixed to the vehicle in the same manner as provided in § 189-3A(3) hereof. (3) The fee for the issuance of a lessee parking permit shall be such fee as shall be prescribed by resolution of the Southold Town Board. C. Hotel-motel parking permits. (1) Hotel-motel parking permits shall be issued by the Town Clerk or a person designated by him to the owners or their designated managers of hotels, motels, rooming or boarding houses and trailer parks, for use by the paying guests temporarily residing therein. Persons applying for a hotel-motel parking permit shall present an application to the Town Clerk in affidavit form, signed by the applicant, setting forth: (a) The number of rental units available at the applicant's premises. (b) The number of permits applied for. (c) The designated business name, if any, of the premises applied for. (2) Upon a determination by the Town Clerk or a person designated by him that the applicant is entitled to such permits and upon.payment of the required permit fee,permits shall be issued; provided, however, that the number of permits issued shall not exceed the number of rental units available at the premises applied for. Such permits shall be inscribed with the name of the applicant or the designated business name of the applicant's premises and shall be used only by paying guests occupying the premises for which such permits are issued. (3) Hotel-motel parking permits shall be transferable and shall be displayed on the dashboard on the passenger side of the vehicle. The owner or manager to whom such permits are issued shall make no charge for the use of such permits by such guests, but may require a deposit to ensure return of a permit. [Amended 11-24-1992 by L.L. No. 19-1992] (4) The fee for the issuance of a hotel-motel parking permit shall be such fee as shall be prescribed by resolution of the Southold Town Board. D. One-day nonresident permits. (1) One-day nonresident parking permits may be issued for the parking of vehicles on the parking areas at Southold Town Beach, and Norman E. Klipp Marine Park and pro.,. Suff lk B_ to any person by the attendant on duty at such parking areas or by the Town Clerk. [Amended 5-9-1972; 4-14-1998 by L.L. No. 5-1998; 7-17-2007 by L.L. No. 17-2007] (2) Such permit shall be valid only for the day on which the same is issued. Any permit not fully filled in shall be invalid. [Amended 4-14-1998 by L.L. No. 5-1998] Southold Town Board Regular Meeting November 8 2017 page 19 (3) The fee for the issuance of a one-day nonresident parking permit shall be such fee as shall be prescribed by resolution of the Southold Town Board. E. Guest permits. [Added 12-28-1982 by L.L. No. 9-1982] (1) Guest parking permits shall be issued by the Town Clerk or a person designated by the Town Clerk to all persons who are qualified residents of the Town of Southold, as defined in § 189-3A hereof, for use by guests temporarily residing in the dwelling of such resident. A resident applying for a guest parking permit shall present an application in affidavit form, signed by the applicant, setting forth the following: (a) The location of the property to be occupied by the guests. (b) The names and permanent addresses of the guests. (c) The length of time of the guest occupancy. (2) Upon a determination by the Town Clerk or person designated by the Town Clerk that the applicant is entitled to a guest parking permit and upon the payment of the permit fee, such permit shall be issued and inscribed with the vehicle license registration number and shall be affixed to the vehicle in the same manner as provided in § 189-3A(3)hereof. (3) The fee for the issuance of a guest parking permit shall be such fee as shall be prescribed by a resolution of the Southold Town Board. F. Nonresident seasonal beach parking permit. Beach parking permits for nonresidents for the period January 1 through December 31 may be issued by the Town Clerk of the Town of Southold upon application therefor at a sum prescribed by resolution of the Southold Town Board, which annual sum shall roe's be for the vehicle only. and boat tr-ai " [Added 7-14-1987 by L.L. No. 11-1987; amended 10-23-1990 by L.L. No. 21-1990; 10-18-1994 by L.L.No. 21-1994; 2-23-1995 by L.L. No. 4-1995] G. Trailer Permit. 1. A Trailer Permit shall be required for any trailer used to launch a boat at the boat ramp or road end locations set forth in section 189-2 B or C. 2 A Trailer permit shall be required at all times to park a trailer in any of the parking areas designated in sections 189-2 A, B, or C. 3. A Trailer Permit shall be issued by the Town Clerk or a person designated by him to all persons who are qualified residents of the Town of Southold. Persons implying for a Trailer Permit shall be required to meet the same requirements set forth in section 189-3 A. 4. A trailer Permit shall be affixed to the tongue of the trailer. 5. The fee for a Trailer Permit shall be set from time by time by resolution of the Town Board. Southold Town Board Regular Meeting November 8 2017 page 20 H Commercial Boat Hauler/Launcher Permit. Any business engaged in the launching of transporting and/or launching boats shall be required to obtain a Commercial Boat Hauler Permit. 1. A Commercial Boat Hauler/Launcher Permit shall only be issued by the Town Clerk or a person designated by him to an individual or corporate entitygaged in the business of transporting and/or launching boats with a principle place of business located in the Town of Southold. 2. The fee for a Commercial Boat Hauler/Launcher Permit shall be set from time by time by resolution of the Town Board. G.I. Night fishing parking permit. For the purpose of ensuring fishermen and shell fishermen parking access to the beaches, creeks and waters within the Town of Southold when such parking access is normally closed (10:00 p.m. to 6:00 a.m.), the following exception to § 189-2G is hereby created: [Added 8-10-2010 by L.L. No. 8-2010] (1) Night fishing parking permit. A night fishing parking permit shall be issued by the Town Clerk or a person designated by the Town Clerk to all persons who hold a resident, lessee or guest parking permit. (2) Any motor vehicle having a night fishing parking permit shall be deemed not to be in violation of§ 189-2G or § 189-3G where both the night fishing permit and the resident, lessee or guest parking permit are properly displayed. (3) The following rules and regulations apply: (a) At the time a motor vehicle with a night fishing permit is parked at a location during a time in which parking is normally prohibited by § 189-2G and § 189-3G, the occupants of the vehicle must have fishing equipment and be actively engaged in fishing. The permit is nontransferable and valid only for vehicles bearing the license plate number on the permit. (b) Fees. There shall be no annual fee for night fishing permits. (c) Duration of permits. All night fishing permits provided for in this section shall expire at the same time as the resident, lessee or guest parking permit. (4) Other regulations. Persons using parking areas pursuant to the provisions of this section shall comply with all other laws, ordinances, rules, regulations and restrictions thereto II. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect January 1, 2018 after filing with the Secretary of State as provided by law. Southold Town Board Regular Meeting November 8 2017 page 21 ✓Vote Record-Resolution RES-2017-916 0 Adopted ❑ Adopted as Amended ❑ DefeatedYes/Aye No/Nay Abstain I Absent ❑ Tabled - ❑ Withdrawn James Dmizio Jr Voter I 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P.Ruland Seconde� 0 ❑ ❑ I ❑ ❑ Tax Receiver's Appt Jill Doherty Mover Z { ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter C1 i ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter 0 ( ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter El ❑ ❑ ❑ ❑ No Action ❑ Lost Comment regarding resolution 916 JUSTICE EVANS: I have a question,the commercial boat hauler/launch permit, is that only for businesses that are in the Town? SUPERVISOR RUSSELL: Businesses that are established in Southold Town. COUNCILWOMAN DOHERTY: Yes. 2017-920 CATEGORY.• Budget Modification DEPARTMENT: Public Works Telephone Line Financial Impact:Fund Telephone account for over extended telephone line and remainder of 2017 RESOLVED that the Town Board of the Town of Southold hereby modifies the 2017 General Fund Whole Town; Building & Grounds budget as follows: From: A.1620.4.400.600 Equipment Maint./Repair $3,000 Total $3,000 To: A.1620.4.200.100 Utilities/Telephone $3,000 Total $3,000 ✓Vote'Record-Resolution RES-2017-920 C Adopted I Yes/Aye 1 No/Nay I Abstain I Absent ❑ Adopted as Amended James Dmizio Jr Voter D F ❑ ❑ i ❑ ❑ Defeated William P Ruland Mover I 0 1 0 0 0 Southold Town Board Regular Meeting November 8 2017 page 22 ❑ Tabled Jill Doherty I Voter Q 1 ❑ I ❑ 1 ❑ ❑ Withdrawn Robert Ghosio Voter Q 1 ❑ 1 ❑ ❑ ❑ Supervisor's Appt Louisa P Evans Seconde Q ; ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A Russell I Voter Q ; ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2017-921 CATEGORY: Employment-FIFD DEPARTMENT: Accounting Accept Resignation of Richard Jenkins RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted September 18, 2017 that accepts the resignation effective August 31, 2017 of Richard Jenkins, Deckhand (FIFD) for the Fishers Island Ferry District. ✓Vote Record-Resolution RES-2017-921 ' Q Adopted ❑ Adopted as Amended El Defeated Yes/Ayc No/Nay Abstain Absent ❑ Tabled --- - -- James Dmizio Jr Voter Q ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt William P.Ruland Voter I Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty I Voter Q ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconde? Q j ❑ El El Town Clerk's Appt Louisa P Evans Mover I Q ❑ 11 ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-922 CATEGORY.• Surplus Equip-Non Usable DEPARTMENT: Trustees Surplus Unusable VHF Radio Southold Town Board Regular Meeting November 8 2017 page 23 RESOLVED that the Town Board of the Town of Southold hereby declares the following equipment to be surplus and unusable equipment: West Marine VHF50ODSC radio from Asset #3528. Be it further RESOLVED that the Town Board authorizes and directs the Town Clerk to properly dispose of such equipment. ✓Vote Record-Resolution RES-2017-922 . m Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter Q1 ❑ 1 El ❑ ❑ Supervisor's Appt William P Ruland Voter Q ❑ ❑ ❑ El Tax Receiver's Appt Jill Doherty I Voter Q 01 ❑ ❑ ❑ El Rescinded Robert Ghosio Mover Q ❑ ❑ Town Clerk's Appt Louisa P Evans Seconde Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ I ❑ ❑ No Action ❑ Lost 2017-923 CATEGORY.- Attend Seminar DEPARTMENT: Building Department Meeting RESOLVED that the Town Board of the Town of Southold hereby grants permission to Electrical Inspector Roger Richert to attend a meeting on Authorizations to Install and Temporary Inspection Certificates in Melville, on November 13, 2017. All expenses for registration and travel to be a legal charge to the 2017 Building Department budget(meetings and seminars). ✓Vote Record-Resolution RES-2017-923 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled James Dmizio Jr Mover Q ❑ ❑ ❑ ❑ Withdrawn William P Ruland Voter Q ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty Seconde Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Robert Ghosio Voter Q ( ❑ ❑ ❑ ❑ Rescinded Louisa P Evans Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action 0 Lost Southold Town Board Regular Meeting November 8 2017 page 24 2017-924 CATEGORY.• Bid Acceptance DEPARTMENT. Information Technology Bid for Used IT Equipment WHEREAS the Town Clerk advertised for bid various IT equipment and WHEREAS no bids were received for said equipment, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs this equipment to be removed from the Town's asset list and destroyed and recycled. ✓Vote Record-Resolution RES-2017-924 ❑ Adopted 0 Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled El Withdrawn James Dimot zio Jr Ver D � ❑ ❑ ❑ El Supervisor's Appt William P.Ruland I Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty �Secondee{ D I 111 111 ❑ Robert Ghosio Voter D I El El ❑ Rescinded ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ I ❑ ❑ No Action ❑ Lost Comment regarding resolution 924 COUNCILMAN RULAND: Second with a question, or discussion, does destroyed include recycled? In other words, go to the E-Waste? SUPERVISOR RUSSELL: I would have to presume so. COUNCILMAN RULAND: Maybe we should insist so. SUPERVISOR RUSSELL: The E-Waste doesn't recycle equipment, it destroys equipment and then mines it for... COUNCILMAN RULAND: Yes but someone else does that. Southold Town Board Regular Meeting November 8 2017 page 25 JUSTICE EVANS: Why don't we change the resolution to recycled or destroyed? COUNCILMAN RULAND: That's acceptable to me. 2017-925 CATEGORY.• Budget Modification DEPARTMENT. Information Technology Information Technology-Budget Modification Financial Impact:Move funds to cover unexpected purchases. The need has arisen to purchase equipment from accounts that are underfunded. Moving these funds will permit the purchase of this equipment. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2017 Information Technology budget as follows: From: A.1680.4.400.250 Network & Systems Consultant $2500.00 A.1680.4.400.425 Router Maintenance $1000.00 Total $3500.00 To: A.1680.4.400.350 Server Maintenance $2500.00 A.1680.4.400.420 Network Equipment Maintenance $1000.00 Total $3500.00 ✓Vote Record-Resolution RES-2017-925 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr voter Q ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Mover Q ❑ 0 ❑ ❑ Tax Receiver's Appt Jill Doherty Voter Q ( El El El ❑ Rescinded Robert Ghosio Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Secondee{ Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-926 CATEGORY.- Employment-Town DEPARTMENT. Accounting 2017 Retirement Reporting Southold Town Board Regular Meeting November 8 2017 page 26 WHEREAS,the State of New York has set additional reporting requirements in Section 315.4 of the New York Codes, Rules and Regulations which requires all elected and appointed officials whose terms start on or after August 12, 2009, who are members of the New York State and Local Retirement System and who do not participate in their employer's time keeping system to prepare a log of their work-related activities for three consecutive months and submit their logs to the clerk or secretary of the governing body within 150 days of the start of their term; NOW THEREFORE, BE IT RESOLVED that the Town Board of the Town of Southold hereby establishes the following as standard workdays for elected and appointed officials and will report the following days worked to the New York State and the Local Employees' Retirement System based on the record of activities maintained and submitted by these officials to the clerk of this body: Title Name Standard Term Begins/ Participates in Days/Month(based on Work Ends Employer's Record of Activities) Day Time Keeping (Hrs/day) System Appointed Official Planning Board Member James H. Rich, III 6 1/1/16-12/31/20 N 5.38 BE IT FURTHER RESOLVED, that said standard is being established to meet the accounting requirements of the new York State Employees Retirement System for calculation of retirement benefits, and BE IT FURTHER RESOLVED, that the Town Clerk be and she hereby is authorized to send a certified copy of this resolution to the New York State Employees Retirement System. ✓Vote Record=Resolution RES-2017=926 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/AyNo/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James DmElizio Jr Voter 0 ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter D ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 j ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconde>'j 0 ❑ I ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Mover I 0 ❑ ❑ I ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action 0 Lost Southold Town Board Regular Meeting November 8 2017 page 27 2017-927 CATEGORY.• Employment-Town DEPARTMENT. Accounting Appoint Seasonal Police Officer RESOLVED that the Town Board of the Town of Southold hereby appoints Patrick Robbins to the position of Seasonal Police Officer for the Southold Town Police Department, effective immediately, at a rate of$21.23 per hour. ✓Vote Record=Resolution RES-2017-927 Q Adopted ❑ Adopted as Amended ❑ DefeatedYes/Aye I No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter Q 1 ❑ ❑ El ❑ Supervisor's Appt William P Ruland Voter Q ❑ El ❑ Tax Receiver's Appt Jill Doherty Voter Q � ❑ � ❑ ❑ ❑ Rescinded Robert Ghosio Mover Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconde Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-928 CATEGORY.• Employment-Town DEPARTMENT. Accounting Place Seasonal Police Officer on Leave of Absence RESOLVED that the Town Board of the Town of Southold hereby immediately places Seasonal Police Officer Patrick Robbins on a leave of absence, pending further action by the Town Board prior to the start of the 20.18 summer season. ✓Vote Record-Resolution RES-2017-928 Q Adopted — -- -- Yes/Aye I No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated James DmEl El�z�o Jr I Mover Q , ❑ William P Ruland Voter Q ❑ ❑ ❑ 11 Tabled ❑ Withdrawn Jill Doherty Seconde Q1 ❑ ❑ ❑ hos�o Voter ❑ Supervisor's Appt Robert GQ ❑ ❑ El ❑ Tax Receiver's Appt Louisa P Evans Voter ❑ Q ❑ ❑ ❑ Rescinded Scott A Russell Voter Q ❑ ❑ ❑ Southold Town Board Regular Meeting November 8 2017 page 28 ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2017-929 CATEGORY.• Grants DEPARTMENT. Government Liaison 2018 CDBG Program RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to sign the Project Description Forms for the 2018 Community Development Block Grant Program as follows: Community Action of Southold Town $ 5,000 Maureen's Haven $ 5,000 Improvements to Recreation and Community Centers $40,000 (upgrade entrances and parking to ADA standards) ✓Vote Record=Resolution RES=2017-929 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled James Dmizio Jr Voter 1 0 ❑ ❑ 1 ❑ ❑ Withdrawn ❑ Supervisor's Appt William P Ruland Seconded 0 1 ❑ 1 ❑ I ❑ ❑ Tax Receiver's Appt Jill Doherty Mover 0 1 ❑ 1 ❑ 1 ❑ ❑ Rescinded Robert Ghosio Voter 0 11 { ❑ 1 11 ❑ Town Clerk's Appt Louisa P Evans Voter ( D ! ❑ ❑ ❑ El Supt Hgwys Appt Scott A Russell Voter 0 ❑ 111:1 ❑ No Action ❑ Lost 2017-930 CATEGORY. Refund DEPARTMENT.• Town Clerk Various Clean Up Deposits Southold Town Board Regular Meeting November 8 2017 page 29 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 Old Town Arts & Crafts Guild 5/31/17 $250.00 PO Box 392 Cutchogue,NY 11935 Southold PTA 10/20/17 $250.00 c/o Beth Wineberger PO Box 470 Southold,NY 11971 Oysterponds UFSD 10/23/17 $250.00 23405 Main Road Orient NY 11957 Mattituck Lions Club 9/25/17 $250.00 c/o Christopher Salmon 555 Horton Avenue Mattituck NY 11952 ✓Vote Record'-Resolution RES-2017-930 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye ! No/Nay I Abstain Absent ❑ Tabled — — — — ❑ Withdrawn James Dmizio Jr Voter Rl 1 ❑ ❑ ❑ ❑ Supervisor's Appt William P.Ruland Mover D ❑ ❑ ❑ [I Tax Receiver's Appt Jill Doherty Seconde D ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter D ! ❑ ( 11 ❑ Town Clerk's Appt Louisa P Evans Voter ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter I Q j ❑ ( ❑ ❑ ❑ No Action ❑ Lost 2017-931 Southold Town Board Regular Meeting November 8 2017 page 30 CATEGORY.• Employment-Town DEPARTMENT. Accounting Acknowledges Retirement Robert I Scott Jr. WHEREAS,the Town of Southold has received email notification on November 2, 2017 from the NYS Retirement System concerning the retirement of Robert I Scott Jr. effective Januray 1, 2018 now therefore be it RESOLVED that the Town Board of the Town of Southold hereby acknowledges the intent to retire of Robert I Scott Jr. from the position of Board of Assessors Member for the Town of Southold effective January 1, 2018. ✓Vote Record-Resolution RES-2017-931 Rl Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled — ❑ Withdrawn James Dmizio Jr Voter J0� 1-1 ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter I 0 ( ❑ I ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconded 0 ( ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter D ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover D ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter Rl i ❑ ❑ ❑ ❑ No Action ❑ Lost Comment regarding resolution 931 COUNCILMAN RULAND: Can we add with thanks? He served a long time. SUPERVISOR RUSSELL: Absolutely. Absolutely. COUNCILWOMAN DOHERTY: Yes, he's been a great asset to the town. SUPERVISOR RUSSELL: Let me just say, I know I have mentioned this in the past. I would not be sitting here today if it wasn't for Robert Scott, I am sure everybody is going to hold that against him now. Actually in 1990, 1 was out here one week working and Bob had mentioned there was a vacancy and he had suggested to me that I put my name in. I didn't even consider it before because I thought no one would consider me as a candidate for Assessor and he actually did and he encouraged me to put my name in and ultimately I got the nomination in June of 1990 and won election in November 1990 and here I sit, so I owe him a tremendous debt of gratitude. 2017-932 CATEGORY.• Employment-Town DEPARTMENT. Accounting Southold Town Board Regular Meeting November 8 2017 page 31 Appoint Elizabeth Hudock Scale Operator RESOLVED that the Town Board of the Town of Southold hereby appoints Elizabeth Hudock to the position of Scale Operator for the Solid Waste Management District, effective November 19, 2017, at the entry level salary of$21.4462 per hour. ✓Vote Record-Resolution RES-2017-932 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Ayc No/Nay Abstain Absent ❑ Tabled James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt William P Ruland Voter 0 i ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 f ❑ ❑ ❑ ❑ Rescinded Robert Ghosio I Mover Z ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Secondet 0 ❑ El ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ( ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-933 CATEGORY.- Budget Modification DEPARTMENT: Solid Waste Management District SWMD Budget Mods Financial Impact: To cover overdrawn lines;funds for rubber edge for Volvo loader. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2017 Solid Waste Management District budget as follows: From: SR 8160.1.500.250 Landscaping Equipment $ 500 SR 8160.4.100.566 Maint-CAT Quarry Truck 325 SR 8160.4.400.665 Repairs-CBI Grinder 500 SR 8160.4.400.682 Ford Tractor Repairs 11000 Total $2,325 To: SR 8160.1.500.400 Telephone Equipment $ 500 SR 8160.4.100.500 Motor Vehicle Glass 225 SR 8160.4.100.552 Maint/Supply 1,500 SR 8160.4.100.576 Maint/Supply Windrow Turner 100 Total $2,325 Southold Town Board Regular Meeting November 8 2017 page 32 ✓Vote Record-Resolution RES-2017-933 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled James DmEl Jr Mover Q ❑ ❑ Withdrawn ❑ ❑ Supervisor's Appt William P Ruland I Seconded Q 1 ❑ I ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter Q ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter Q ( ❑ I ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter'12 I ❑ I ❑ I ❑ ❑ No Action ❑ Lost 2017-934 CATEGORY: Budget Modification DEPARTMENT. Accounting FY 2017 Budget Modification-Engineering Financial Impact: Corrects budget modification from Resolution 2017-790 on 9/12/2017. Project revenue and expense being accounted for in the Capital Fund. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2017 General Fund Fund Whole Town budget as follows: Decrease: A.2770.10 Miscellaneous $43,295.00 Total $43,295.00 Decrease: A.1440.4.400.100 Engineer, C.S., Equipment Rentals $43,295.00 Total $43,295.00 ✓Vote Record-Resolution RES-2017-934 Q Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated James Dimzio Jr Voter r Q ❑ 11 ❑ ❑ ❑ Tabled I� I� William P Ruland Voter Q ❑ ❑ ❑ ❑ Withdrawn Jill DohertyMover Q ❑ ❑ El ❑ Supervisor's Appt ❑ Tax Receiver's Appt Robert Ghosio I Voter Q ❑ ❑ I ❑ ❑ Rescinded Louisa P Evans Seconde Q I ElI El ❑ El Town Clerk's Appt Scott A Russell Voter 0 11 0 ❑ ❑ Supt Hgwys Appt 0 No Action Southold Town Board Regular Meeting November 8 2017 page 33 ❑ Lost 2017-935 CATEGORY: Employment-FIFD DEPARTMENT. Accounting Increase Salary of Ronald J. Burns Jr. RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted November 1, 2017 that increases the salary of Ronald J. Burns Jr. effective November 12, 2017. '✓Vote Record-Resolution TIES-2017-935' 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Ayc No/ ay Abstain Absent ❑ Tabled James D izio Jr Voter I 0 1 ❑ 1 ❑ 1 ❑ ❑ Withdrawn William P Ruland Mover El Supervisor's Appt ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconded0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-936 CATEGORY.• Legal DEPARTMENT: Town Attorney Rescind Resolution Number 2017-890 RESOLVED that the Town Board of the Town of Southold hereby rescinds resolution#2017- 890, adopted at the October 24, 2017 regular Town Board meeting in its entirety, which read as follows: 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 October 16, 2017 in regard to the Arsenault claim. Southold Town Board Regular Meeting November 8 2017 page 34 ✓Vote Record-Resolution RES-2017-936 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/A No/Na Abstain Absent ❑ Tabled a Y Y -� ❑ Withdrawn James Dinizio Jr Voter 0 I E — ❑ ❑ ❑ Supervisor's Appt William P Ruland I Voter D ❑ I ❑ I ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconde� 0 j ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover I D ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-937 CATEGORY.• Advertise DEPARTMENT. Town Clerk Advertise RFP Bay to Sound Phase 2 Education Volunteer Coordination RESOLVED THE Town Board of the Town of Southold hereby authorizes and directs the Town Clerk Elizabeth Neville to advertise a Request for Proposals for the Bay to Sound Integrated Trails Initiative Phase 2 Education and Volunteer Coordination, in accordance with specifications and qualifications, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2017-937 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye I No/Nay AbstAbsent ❑ Tabled � �� ain James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt William P Ruland Voter I D ❑ ❑ � ❑ ❑ Tax Receiver's Appt Jill Doherty Voter I D � ❑ � ❑ � ❑ Robert Ghosio Mover D 11 ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt Louisa P Evans Seconde 0 I ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-938 CATEGORY. Advertise DEPARTMENT.- Town Clerk Southold Town Board Regular Meeting November 8 2017 page 35 Bay to Sound Phase 2 Lumber&Building Materials RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk Elizabeth Neville to advertise a Request for Proposals for the Bay to Sound Integrated Trails Initiative Phase 2 Lumber and Supplies, in accordance with specifications and qualifications, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2017-938 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye j No/Nay Abstain Absent ❑ Tabled -- ❑ Withdrawn James Dimzio Jr Mover Q �� ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty -Se—co n—de Q j ❑ ( ❑ ❑ ❑ Rescinded Robert Ghosio Voter Q I ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ I ❑ ❑ No Action ❑ Lost 2017-939 CATEGORY.• Employment-FIFD DEPARTMENT.• Accounting Appoint Shyanne Dickenson Student Intern I RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted November 1, 2017 that appoints Shyanne Dickson to the position of Student Intern I at a rate of$10.10 per hour effective November 9, 2017. ✓Vote Record-Resolution RES-2017-939 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye I No/NayAbstain Absent ❑ Tabled James Dmizio Jr Voter Q ❑ ❑ ❑ ❑ Withdrawn William P Ruland Seconded Q i ❑ 1 ❑ ❑ ❑ Supervisor's Appt Jill Doherty Mover I Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Robert Ghosio Voter Q ❑ ❑ ❑ ❑ Rescinded Louisa P Evans Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A Russell Voter Q ❑ 11 El❑ Supt Hgwys Appt - ❑ No Action 0 Lost Southold Town Board Regular Meeting November 8 2017 page 36 2017-940 CATEGORY. Budget Modification DEPARTMENT. Accounting 2017 Budget Modification-HRC/Capital Financial Impact:Reallocate operating funds for purchase of a vehicle for HRC WHEREAS the Town Board of the Town of Southold adopted a 2017 Capital Budget, 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 amends the General Fund Whole Town budget and authorizes the establishment of the following Capital Projects and amends the 2017 Capital Budget as follows: General Fund Whole Town From: A.6772.1.100.300 Programs for the Aging, Vacation Earnings $9,000 A.6772.1.100.400 Programs for the Aging, Sick Earnings 13,000 Total $22,000 To: A.9901.9.000.100 Transfer to Capital $22,000 Total $22,000 Capital Fund Capital Project Name: HRC Vehicle Purchase Financing Method: Transfer from the General Fund Whole Town Fund Budget: Revenues: H.5031.85 Interfund Transfer, Motor Vehicles $22,000 Total $22,000 Appropriations: H.6772.2.300.200 Programs for the Aging, Automobiles $22,000 Total $22,000 ✓Vote Record-Resolution RES-2017-940° 0 Adopted ( Yes/Aye I No/Nay I Abstain Absent ❑ Adopted as Amended James Dmizio Jr Voter 0 D ❑ ❑ ❑ Defeated William P Ruland Mover 1 0 ❑ ❑ ❑ Southold Town Board Regular Meeting November 8 2017 page 37 ❑ Tabled Jill Doherty Voter Q ❑ 1 ❑ ❑ ❑ Withdrawn Robert Ghosio Voter Q j ❑ 1 ❑ ❑ ❑ Supervisor's Appt Louisa P Evans Seconded RI ! ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A Russell I Voter Q ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2017-941 CATEGORY: Employment-Town DEPARTMENT: Accounting Amend Resolution to Authorize Renee Harvey to Work in Town Clerk's Office RESOLVED that the Town Board of the Town of Southold hereby amends resolution 2017-595, to read as follows: Resolved that the Town Board of the Town of Southold hereby authorizes Cashier Renee Harvey presently assigned to the Office of the Receiver of Taxes,to work part time in the Office of the Town Clerk effective July 14, 2017 through November 22, 2017. Hours of work will be scheduled as needed at the discretion of the Town Clerk, not to exceed 17'/2 hours per week. ✓Vote Record-Resolution RES-2017-941 El Adopted ❑ Adopted as Amended ❑ Defeated _ Yes/Aye ( No/Nay Abstain Absent ❑ Tabled -- ❑ Withdrawn James Dmizio Jr Voter 0 i ❑ -- ❑ r ❑ El Supervisor's Appt William P Ruland voter G'1 i ❑ I El 11 ❑ Tax Receiver's Appt Jill Doherty Voter El j ❑ El El El Rescinded Robert Ghosio SeconN 0 0 E El El Town Clerk's Appt Louisa P Evans I Mover D ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell I Voter Q j ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-942 CATEGORY.• Contracts, Lease&Agreements DEPARTMENT. Recreation Southold Town Board Regular Meeting November 8 2017 page 38 Hire Winter 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 Winter 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 Thomas Boucher (Guitar Lessons) $30/hour Heather Cusack(Herbs for Health) $30/hour Martha Eagle (Aerobics &Pilates) $35/class Suzzanne Fokine (Abstract Painting & Family Paint Night) $30/hour Bill Gatz (Youth Basketball) $30/hour Huck Hirsch (Mah Jongg) $30/hour Bernie Kettenbeil (Smart Driver) Free Daniel Kujawski (Volleyball) $30/hour Marilyn LoPresti (Walkl5 Aerobics &Tai Chi/Qi Gong) $30/hour Rosemary Martilotta(Hatha& Chair Yoga) $44/class Judy McCleery (Photography) $30/hour Linda Nemeth (Watercolor) $30/hour Craig Osmer(Youth Basketball) $30/hour Theresa Pressler (Arts & Crafts) $30/hour Dr. Jeffrey Poplarski (Golf Fitness) $55/class R&C Agency Management(CPR Course) $55/person R&C Agency Management (Defensive Driving) $30/person Laurie Short(Fitness Classes) $30/hour Steve Smith(Weight Training) $90/person Lisa Tettelbach (Greeting Cards) $30/hour Alfonso Triggiani (Ballroom Dancing) $65/person Kyleen Prentice Vernon (Irish Dance &Zumba for Youth) $30/hour U.S. Coast Guard Auxiliary (Youth Boating) Free Ryan Wesnofske (Youth Basketball) $30/hour ✓Vote Record-Resolution RES-2017-942 0 Adopted ❑ Adopted as AmendedYes/Aye No/Nay Abstain Absent ❑ Defeated _ James Dmizio Jr Voter D [3 ❑ ❑ ❑ Tabled - William P.Ruland Voter 0 ❑ ❑ ❑ ❑ Withdrawn - Jill Doherty Voter 0 i ❑ ❑ ❑ ❑ Supervisor's Appt ❑ Tax Receiver's Appt Robert Ghosio Mover Rl ❑ ❑ ❑ ❑ Rescinded Louisa P Evans Secondet Q ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A Russell Voter Q I ❑ ❑ ❑ ❑ Supt Hgwys Appt 0 No Action Southold Town Board Regular Meeting November 8 2017 page 39 ❑ Lost 2017-943 CATEGORY.• Contracts,Lease &Agreements DEPARTMENT. Fishers Island Ferry District FIFD- Gilbert Associates, Inc. RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District Board of Commissioners dated November 1, 2017 in regard to the proposal of Gilbert Associates, Inc.. ✓Vote Record-Resolution RES-2017-943 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye i No/Nay Abstain Absent ❑ Tabled - El Withdrawn James Dmizio Jr Mover Q j ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter Q f El11 El ❑ Tax Receiver's Appt Jill Doherty Secondee Q ❑ 11 ❑ ❑ Rescinded Robert Ghosio Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter Q i ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-944 CATEGORY. Contracts, Lease&Agreements DEPARTMENT. Fishers Island Ferry District FIFD-Mohawk Northeast, Inc. RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District Board of Commissioners dated November 1, 2017 in regard to accepting the proposal of Mohawk Northeast., Inc. ✓Vote Record-Resolution RES-2017-944 Q Adopted Yes/Aye No/Nay I Abstain Absent ❑ Adopted as Amended — - ❑ Defeated James Dimzio Jr Voter Q ❑ ❑ ❑ ❑ Tabled William P Ruland Secondeq Q i ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Mover Q ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Voter Q 1 0 ❑ ❑ Southold Town Board Regular Meeting November 8 2017 page 40 ❑ Tax Receiver's Appt Louisa P Evans Voter 0 { ❑ ❑ ❑ ❑ Rescinded Scott A Russell Voter 0 { ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2017-945 CATEGORY: Legal DEPARTMENT. Fishers Island Ferry District Rescind FIFD-Arsenault Claim RESOLVED that the Town Board of the Town of Southold hereby rescinds resolutino 2017-890, in its entirety, which read as follows: 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 October 16, 2017 in regard to the Arsenault claim. ✓Vote Record-Resolution RES-2017-945 ❑ Adopted ❑ Adopted as Amended ❑ Defeated - ----------- - - --- - --- --- Yes/Aye { No/Nay Abstain Absent ❑ Tabled — 0 Withdrawn James Dimzio Jr Voter 0 { ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Mover 1 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconded D ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter D i ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter D ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter D ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-946 CATEGORY.• Policies DEPARTMENT. Fishers Island Ferry District FIFD- Check Cashing Policy Southold Town Board Regular Meeting November 8 2017 page 41 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 November 1, 2017 in regard to the check cashing policy. ✓Vote Record-Resolution RES-2017-946 Z Adopted ❑ Adopted as Amended ❑ Defeated _._v ----- ---_ Yes/Aye j No/Nay Abstain Absent ❑ Tabled –. ----- — ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Mover 171 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter Q ❑ ❑ ❑ ❑ Rescinded Robert Ghosio VotaZ I ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans SeTo.—ded 0 ❑ ( ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter D ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-947 CATEGORY. Legal DEPARTMENT. Fishers Island Ferry District FIFD- Claim of Lofgren 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 November 1, 2017 in regard to the claim of Sten Lofgren. ✓Vote Record-'Resolution RES-2017-947 Cil Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye Noay Abstain Absent ❑ Tabled —� /N ...James Dm ,_,... --- ----- -- ❑ Withdrawn izio Jr Voter 0 j ❑ ❑ ❑ El Supervisor's Appt William P.Ruland Voter 111 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty I Voter R ❑ ( ❑ I ❑ ❑ Rescinded Robert Ghosio I Seconde Rl j ❑ ( ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Mover 0 j ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Z ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-948 Southold Town Board Regular Meeting November 8 2017 page 42 CATEGORY.• Budget Modification DEPARTMENT.- Solid Waste Management District SWMD Budget Mod- Grading Financial Impact:Provide available funds for compost site grading. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2017 Solid 'Waste Management District budget as follows: From: SR 8160.1.100.300 F/T Employee-Vacation Earnings $3,000 SR 8160.4.100.609 RCA Blend 1,000 SR 8160.4.100.800 Maint-Facilities/Grounds 11900 Total $5,900 To: SR 8160.4.400.910 Equipment Rental $5,900 Total $5,900 ✓Vote Record-Resolution RES-2017-948 0 Adopted ❑ Adopted as Amended ❑ Defeated �— Yes/Aye No/Nay Abstain Absent ❑ Tabled James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Withdrawn - ❑ Supervisor's Appt William P Ruland Voter El ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ I ❑ ❑ ❑ Rescinded Robert Ghosio Mover 21 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans I.Leconded 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 �❑_ ❑ ❑ ❑ No Action ❑ Lost 2017-949 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney Ph 12/5 7.•30 Pm- Chapter 280 Regarding Affordable Housing WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 8th day of November, 2017, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280 of the Town Code entitled `Zoning"' and it is RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the Southold Town Board Regular Meeting November 8 2017 page 43 aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the 5th day of December,2017 at 7:30 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law-in relation to Amendments to Chapter 280 of the Town Code entitled `Zoning"' reads as follows: LOCAL,LAW NO. 2017 A Local Law entitled, "A Local Law in relation to Amendments to Chapter Chapter 280 Zoning, in connection with the Affordable Housing". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. To amend Chapter 280 to increase options for affordable housing within the Town of Southold and to increase regulatory compliance and grant funding availability for the same. II. Chapter 280 of the Code of the Town of Southold is hereby amended by adding the underlined words and removing the struck items as follows: § 280-13-Use regulations. [Amended 3-14-1989 by L.L.No. 3-1989] In A-C., R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as special exception by the Board of Appeals, as hereinafter provided, and, except for the uses set forth in Subsections B(1), (13) and(14) hereof, are subject to site plan approval by the Planning Board: (17) Conversion of existing space to affordable residential housing. a. Tenants shall be reserved to moderate-income individuals and families who do not have any ownership interest in any other residence or vacant lot. Tenants must work or reside in the Town of Southold at the time they take possession. The eligible qpplicants must be registered in the Town of Southold Housing Registry, administered by the Government Liaison Officer prior to the commencement of any tenancy. b Converted space shall be limited to a maximum of six (6) moderate income residential rental units. C. As a condition of ther�ngof a special exception by the Zoning Board of Appeals property owners must convert said applied for space to residential use within six (6) months, rent the units at a rate at or below the maximum allowable monthly rent for affordable housing units and maintain the excepted residential Southold Town Board Regular Meeting November 8 2017 page 44 units-as affordable residential housing for a minimum period of eight(8) years from the date ofrg anting d. All converted affordable residential housing shall be subject to all Town and Count building code and septic specifications. e. All converted affordable residential housing must have at least one parking space per unit. f The premises must be located within a designated hamlet locus (HALO) zone D. Rental permit for accessory apartments.Notwithstanding any prior course of conduct or permission granted, no owner of property shall cause, permit, or allow the occupancy or use of an accessory apartment created pursuant to § 280-13A(6) or § 280-13B(13) without a valid rental permit issued upon application to the Chief Building Inspector.[Added 6-15-2010 by L.L.No. 2-2010] The owner of an accessory apartment in an accessory structure lawfully existing pursuant to § 280-13B(13) shall, in addition to the information required in § 280-131)(1)(a) through (f), provide a certification that: The existing single-family dwelling or the accessory apartment in the accessory structure is occupied by the owner as the owner's principal residence. The other dwelling unit on the subject property is to be occupied by either a family member or a resident an individual who is currently on the Southold Town Affordable Housing Registry and eligible for placement. LcIRents charged to a tenant from the Affordable Housing Registry shall not exceed the rent established by the Town Board annually pursuant to § 280-30F of this Code. The dwelling unit is in compliance with all of 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. § 280-17-Use regulations. In an R-40 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 uses except the following: 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, and subject to site plan approval by the Planning Board: (3) Conversion of existing space to affordable residential housing. a. Tenants shall be reserved to moderate-income individuals and families who do not have any ownership interest in any other residence or vacant lot Tenants must work or reside in the Town of Southold at the time they take possession The eligible applicants must be registered in the Town of Southold Housing Refry, administered by the Government Liaison Officer prior to the commencement of any tenancy. Southold Town Board Regular Meeting November 8 2017 page 45 b. Converted space shall be limited to a maximum of six (6) moderate income residential rental units. c. As a condition of therig of a special exception by the Zoning Board of Appeals, property owners must convert said applied forspace to residential use within six (6) months, rent the units at a rate at or below the maximum allowable monthly rent for affordable housing units, and maintain the excepted residential units as affordable residential housing for a minimum period of eight (8) years from the date ofrg anting d. All converted affordable residential housing shall be subject to all Town and County building code and septic specifications. e. All converted affordable residential housing must have at least one parkin space per unit. f. The premises must be located within a designated hamlet locus (HALO,) zone C. Accessory uses, limited to the following: Same as § 280-13C of the Agricultural-Conservation District. (2) Same as X280-13D of the A-C, R-80, R-120, R-200 and R-400 Districts. § 280-30_General regulations and requirements. A. The Town Board shall require the recording of covenants and restrictions that shall apply to all real property within the AHD District. The covenants and restrictions shall contain terms and conditions as the Town Board and Planning Board deem necessary to insure the property is used for purposes consistent with the purposes for which the AHD zoning classification was created, and they shall be subject to the approval of the Town Attorney. The covenants and restrictions shall include the following: [Amended 5-3-2016 by L.L. No. 4-2016] C. Eligibility (non-age-restricted). In each AHD, the sale or lease of dwelling units and unimproved lots shall be reserved for moderate-income families who do not have any ownership interest in any other residence or vacant lot. The net worth of an applicant (individual or family) shall not exceed 25% of the purchase price of a home sold pursuant to this section. The eligible applicants smell-must be grouped y basis and ., lottery system will registered in the Town of Southold Housing Registry, administered by the Government Liaison Officer within eaeh group in .. formulaeeeplable-to the Tov,%R The priority groups are as fellows: [Am€ndeck7 29 2008 b L.L. NE). 8-2008; 5 3 2016 by T-L.No. 4 20 0\ Tneeme eligible ,1' ',1 all or families who have lived in the To.,..-, e Southold in the same seheel distriet as the dwelling unit or-lot for a period of least 4ffo r to the submissio of their application. r f.,milies whe have lived in the T.,,,,,, .,f C +L, 1.1 f .1 f +least throe yearsprior-to the submission of their ------ --- --r------ -- --- ------ - - - L`pplieation: JLJneome eligible illdividuals/families who have been einpleyed in the Tev,% of Southold for a per-ied -f at least t4 oyears to the submission of t ltlr� applie (4) T .L . eligible individuals/families who have previously livedf,r --- -- Southold Town Board Regular Meeting November 8 2017 page 46 nrrmrrrarrry flffee years in the Town of Southold-and rwish co-mcn'ir. J T„ ^11 other eligible appheants D. Age-restricted (age 55 and over) dwelling units or unimproved lots. The sale or lease of dwelling units and unimproved lots in an age-restricted community shall be reserved for age eligible moderate-income families registered in the Town of Southold Housing Registry as administered by the Government Liaison Officer in the following Arr,order „f prier;t�,.f ended 7_29 2008 by L.L. No. 8 200 or ever-,(1) ineeme eligible individuals or families where-the head of hettsehold is age 5-5 L. have had -esidenee in T f Southold for ., period t least f to the submission of the nnl;natio and d.. of o vr-ccrzccs�c-xr�v-c-mac.-ar�nvrca�crn�Rvmrrm�rrvrcrr .,.t,t,...,,.....,.., »........, ...,. .,real estate. Household annual ineome may not emeeed ..._ 0 of the 14UD media ineeine for c f- ll r + d +woAh may of e eed tw ee the pr-iee of the rot to b-p rebased (2) Tneeme eligible d' 'd 1^ or-families where the lead of household ld is age cc or over-, had a-prifnary r-esidenee in the Town of Southold F r- . periorva4 estate. Household annual ineome may not exeeed ] of at least five years prior-to the submissien of the applieation, a�d do not e 0 of the HUD media income for SuM!k r + •' may d + A of e 1 Y ed +.Anne the of the r,.t to be r rel+ased fajneeme eligible individuals „r families where the head of household is age cC a or over-, whe have had a p6mary residenee in the Town F Southold for- ., perie f t least yearsor-t the U fnission of the an 1' +'L1V11, andandd who „11 be divested of all real estate holdings within 90 days of the eontraet emeeution w the project / 1, et. daperiod may be e .+ ded 1: e „lot;,, of the sponsor ♦ .. r LtLt ilutu v 7� Town Board). Household ,^1 : e of ov d 800% of the 14 D Z.l V V/V V l L 1L. L / r median ineome fbr- Suffolk County, d net worth may of e need O e the priee f the unit to be purchased. J41jneome eligible d• „d, alp r familieswhere ere t e lr 1,d f 1. age ld . e cc yr over-, who have hadprifnar-yesldenee--'in the Town f Southold for apriod of t least fiveyearsor- the submission of 4he pl; .,t;o.+ and who will be divested of all real estate holdings within 90 days of the eontraet exeeution wi Town Board). Household annual e ma<,nota ttud 1001% V Lb, HUD D ine d' income f Stiff-elk r tt d +worth,,, of e ed twi^e the prie f the unit to ben re ased f Tneeme eligible d •d als r families where the 1 householdd fis age cc or- over-, who have had a Fesidenee in the Town of Southeld for-a period of at leas fJears prier-to the submissionf the ^ nl,eatio and who will be divested o rr 11 rea1 estate 1, ld' within 90 days oftl,e ee.�,traet oven„+;..11 4th the r-ojeet o sponson Household annual ineeme may not eveeed 1000/ of the HUD d income for- Suffolk County, d t worth may of evneed twice the pr- e of thee rot to be p rel•,ased ff±Other- ome eligible pin + age 55 or- ever-whose household amual 5 + d 1000% f the HUD r„ed;ar, income for Suffolk(r.,, my and net Southold Town Board Regular Meeting November 8 2017 page 47 .arth may not o ee twiee the priee of the urit to be r rnh. oc� § 280-38 Use regulations. In the Residential Office (RO) 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 uses except the following: B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided and subject to site plan approval by the Planning Board,provided that not more than one use shall be allowed for each 40,000 square feet of lot area: (6) Conversion of existing space to affordable residential housing_ a. Tenants shall be reserved to moderate-income individuals and families who do not have any ownership interest in any other residence or vacant lot.. Tenants must work or reside in the Town of Southold at the time they take possession. The eligible applicants must be registered in the Town of Southold Housing Registry, administered by the Government Liaison Officer prior to the commencement of any tenancy. b. Converted mace shall be limited to a maximum of six (6) moderate income residential rental units. c. As a condition of the granting of a special exception by the Zoning Board of Appeals property owners must convert said applied for space to residential use within six (6) months rent the units at a rate at or below-the maximum allowable monthly rent for affordable housing units, and maintain the excepted residential units as affordable residential housing for a minimum period of eight (8) years from the date of granting d. All converted affordable residential housing shall be subject to all Town and County building code and septic specifications. e. All converted affordable residential housing must have at least one parking space per unit. § 280-41-Use regulations. In the LB 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 uses except the following: B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided and are subject to site plan approval by the Planning Board: (5) Conversion of existing space to affordable residential housing. a. Tenants shall be reserved to moderate-income individuals and families who do not have any ownership interest in any other residence or vacant lot Tenants must work or reside in the Town of Southold at the time they take possession The eligible ble applicants must be registered in the Town of Southold Housing Registry, administered by the Government Liaison Southold Town Board Regular Meeting November 8 2017 page 48 Officer prior to the commencement of any tenancy. b. Converted space shall be limited to a maximum of six (6) moderate income residential rental units. c. As a condition of therg antin of f a special exception by the Zoning Board of Appeals property owners must convert said applied for space to residential use within six (6) months rent the units at a rate at or below the maximum allowable monthly rent for affordable housing units, and maintain the excepted residential units as affordable residential housing for a minimum period of eight(8) years from the date ofrg anting d All converted affordable residential housing shall be subject to all Town and County building code and septic specifications. e All converted affordable residential housing must have at least one parkin space per unit. § 280-44-Purpose. The purpose of the Hamlet Business (HB) District is to provide for business development in the hamlet central business areas, including retail, office and service uses, public and semipublic uses, as well as hotel and motel and multifamily residential development that will support and enhance the retail development and provide a focus for the hamlet area. § 280-45_Use regulations. [Amended 5-9-1989 by L.L.No. 6-1989; 12-12-1989 by L.L.No. 23-1989; 7-31-1990 by L.L. No. 16-1990; 5-16-1994 by L.L. No. 9-1994; 11-26-1994 by L.L.No. 26-1994; 2-7-1995 by L.L. No. 3-1995; 10-17-1995 by L.L. No. 21-1995; 5-6-2003 by L.L.No. 10-2003] In the HB 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 uses except the following: A. Permitted uses. The following are permitted uses and, except for those uses permitted under Subsection A(l), JQ, (3) and 20 hereof, are subject to site plan approval by the Planning Board:[Amended 4-20-2004 by L.L.No. 11-20041 One-family detached dwelling, net to e3eed = wngoneaeh let. The dwelling must be eeeupied by-the ev,%er-of the prapei4y. aTwo-family dwelling, - tt -meee 1 one dwelling on each letm The dwelling Y.Y ells g 1111 KYY 111111�. must be eeeupied by the owner- of the pr-opeA37-, B. Uses permitted by special exception by 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 6-20-2006 by L.L. No. 8-2006] (11) Conversion of existing space to affordable residential housing. a. Tenants shall be reserved to moderate-income individuals and families who do not have any ownership interest in any other residence or vacant lot Tenants must work or reside in the Town of Southold at the time they Southold Town Board Regular Meeting November 8 2017 page 49 take possession. The eligible applicants must be registered in the Town of Southold Housing Registry, administered by the Government Liaison Officer prior to the commencement of any tenancy. b. Converted space shall be limited to a maximum of six (6) moderate income residential rental units. c. As a condition of therg anting of a special exception by the Zoning Board of Appeals, property owners must convert said applied for space to residential use within six (6) months, rent the units at a rate at or below the maximum allowable monthly rent for affordable housing units, and maintain the excepted residential units as affordable residential housing for a minimum period of eight (8) years from the date of granting d. All converted affordable residential housing shall be subject to all Town and County building code and septic specifications. e. All converted affordable residential housing must have at least one parkin space per unit. C. Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are subject to Article XIX, are subject to site plan review: aAccessory uses as set forth in and regulated by § 280-13C(1)through M of the Agricultural-Conservation District, and subject to the conditions set forth in § 280-15 thereof. Apartments are permitted within the prineipal building only, subject to the following requirements: LaIThe Building Department issuing an accessory apartment permit. L�JThe habitable floor area of each apartment shall be at least 350 square feet. / single stfueture. The Apartment shall have all requisite Suffolk County Department of Health approvals. (d) Each apartment shall have at least one off-street parking space. (e) Construction and/or remodeling of an existing structure to create an accessory apartment shall not trigger the need for site plan approval set forth specifically in § 280-127 and Article XXIV in general unless such construction or remodeling results in an increase of the foundation size of the structure. (f) The apartment(s) shall not comprise more than 50 40% of the principal building. (11) Each apartment on the subject property is to be occupied by either a property owner's immediate family member or an individual who is registered on the Southold Town Affordable Housing Registry and is eligible for placement prior to possession being taken. § 280-48 Use regulations. B. Uses permitted by special exception by the Board of Appeals. The following uses Southold Town Board Regular Meeting November 8 2017 page 50 are permitted as a special exception by the Board of Appeals as hereinafter provided, except Subsection B(17), 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. (18) Conversion of existing space to affordable residential housing. a. Tenants shall be reserved to moderate-income individuals and families who do not have any ownership interest in any other residence or vacant lot.. Tenants must work or reside in the Town of Southold at the time they take possession. The eligible applicants must be registered in the Town of Southold Housing?Registry, administered by the Government Liaison Officer prior to the commencement of any tenancy. b. Converted space shall be limited to a maximum of six (6) moderate income residential rental units. c. As a condition of the grantingopecial exception by the Zoning Board of Appeals, property owners must convert said applied for space to residential use within six (6) months, rent the units at a rate at or below the maximum allowable monthly rent for affordable housing units, and maintain the excepted residential units as affordable residential housing for a minimum period of eight (8) years from the date ofrg anting I All converted affordable residential housing shall be subject to all Town and County building code and septic specifications. e. All converted affordable residential housing must have at least one parking space per unit. § 280-58_Use regulations. 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] (11) Conversion of existing space to affordable residential housing_ a. Tenants shall be reserved to moderate-income individuals and families who do not have any ownership interest in any other residence or vacant lot Tenants must work or reside in the Town of Southold at the time they take possession. The eligible applicants must be registered in the Town of Southold Housing Registry, administered by the Government Liaison Officer prior to the commencement of any tenancy. b Converted space shall be limited to a maximum of six (6) moderate income residential rental units. c As a condition of therg anting of a special exception by the Zoning Board of Appeals, property owners must convert said applied for space to Southold Town Board Regular Meeting November 8 2017 page 51 residential use within six(6) months, rent the units at a rate at or below the maximum allowable monthly rent for affordable housing units, and maintain the excepted residential units as affordable residential housing for a minimum period of eight(8) years from the date ofrag_nting d. All converted affordable residential housing shall be subject to all Town and County building code and septic specifications. e. All converted affordable residential housing must have at least one parking space per unit. f The premises must be located within a designated hamlet locus (HALO) zone § 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: 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 13(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] (18) Conversion of existing space to affordable residential housing. a. Tenants shall be reserved to moderate-income individuals and families who do not have any ownership interest in any other residence or vacant lot Tenants must work or reside in the Town of Southold at the time they take possession The eligible applicants must be registered in the Town of Southold Housing Reg_istry, administered by the Government Liaison Officer prior to the commencement of any tenancy. b Converted space shall be limited to a maximum of six (6) moderate income residential rental units. c As a condition of thergraantin of f a special exception by the Zoning Board of Appeals property owners must convert said applied for space to residential use within six (6) months rent the units at a rate at or below the maximum allowable monthly rent for affordable housing units, and maintain the excepted residential units as affordable residential housing for a minimum period of eight(8) years from the date of granting d All converted affordable residential housing shall be subject to all Town and County building code and septic specifications. e All converted affordable residential housing must have at least one parking space per unit. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any Southold Town Board Regular Meeting November 8 2017 page 52 court of competent jurisdiction to be invalid,the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ✓Vote Record-Resolution RES-2017-949 21 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Mover 0 j ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconde 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 11 11 ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ I ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ _ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ I ❑ ❑ ❑ No Action ❑ Lost 2017-950 CATEGORY.• Local Law Public Hearing DEPARTMENT.• Town Attorney PH 1215 7:31 PM- Chapter 280- Wineries WHEREAS, there has been resented to the Town Board of the Town of Southold, Suffolk County,New York, on the 8t day of November, 2017, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Use Regulations for Wineries in Residential Districts" 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 December, 2017 at 7:31 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Use Regulations for Wineries in Residential Disticts" reads as follows: LOCAL LAW NO. 2017 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in Southold Town Board Regular Meeting November 8 2017 page 53 connection with Use Regulations for Wineries in Residential Districts". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. To modify and clarify certain provision of the Town Code as it pertains to wineries in order to better protect the quality of life enjoyed by Southold Town residents while at the same time promoting wineries and other forms of Agritourism within the Town of Southold. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: Chapter 280 Zoning Article III. Agricultural-Conservation(A-C) District and Low-Density Residential R-80 R-120. R-200 and R-400 Districts § 280-13. Use regulations. In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. (4) Wineries which meet the following standards: (a) The winery shall be a place or premises on which wine is produced, processed and sold. The wine shall be made from „ imar-i y Tong island grapes of which at least 80% are grown on the premises or other land owned by the winery owner; (b) The winery shall be on a parcel on which at least 10 acres are devoted to the growing of wine res es a other � ultural pufpo � and which is owned by the �p r u.r�.,�.,, winery owner; (c) The aforementioned 10 acres devoted torg owing of grapes shall be in addition to any land where structures are to be built and should not be included in calculations as to whether the lot size conforms to the bulk schedule for the proposed use or uses on the parcel. (d) The winery structures shall be set back a minimum of 100 feet from a major road; and (e) The winery shall obtain site plan approval. C. Accessory uses, limited to the following uses and subject to the conditions listed in§ 280-15 herein: 10 Wineries may have the following accessory uses: (a) A have an aeoessor-y retail gift shop on the premises which may sell items accessory to wine, such as corkscrews, wine glasses, decanters, items for the storage and display of wine, books on winemaking and the region and nonspecific items bearing the insignia of the winery. (b) In addition to wine made on the parcel 20% of the wine sold at a winery may be from other Long Island wineries. Southold Town Board Regular Meeting November 8 2017 page 54 (c) Wineries may not have a commercial kitchen as an accessory use but may have a noncommercial kitchen facility for private use by the employees. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ✓Vote Record-Resolution RES-2017-950 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter Q ❑ ❑ ❑ ❑ Supervisor's Appt William P.Ruland Seconde Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover Q ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter ❑ Q ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter Q ❑ ❑ I ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-951 CATEGORY.• Refund DEPARTMENT. Town Attorney CPF Refund-Bidwell&MacGuire RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund (from Account #CM.1189.10) to Kerry M. Bidwell and Jerome W. MacGuire from the Town of Southold in the amount of $6,240.00 in connection with the payment of the Community Preservation Fund tax on property in Southold (SCTM #1000-070.00-10.00-006.000) purchased by Kerry M. Bidwell and Jerome W. MacGuire on October 19, 2017, as the transaction is exempt from the CPF tax. ✓Vote Record-Resolution RES-2017=951 Q Adopted —� Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated James Dmizio Jr Voter Q 1:1 ❑ ❑ El El 11❑ Tabled William P Ruland Mover Q ❑ Withdrawn Jill Doherty Voter Q ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Seconder 2 1 ❑ r ❑ 0 Southold Town Board Regular Meeting November 8 2017 page 55 ❑ Rescinded Scott A Russell Voter Q i ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost Closing Comments Supervisor Russell SUPERVISOR RUSSELL: That completes the agenda. Would anybody like to address the Town Board on any issue to please feel free? Yes, Don? Don Wagner, Southold DONALD WAGNER: Thank you, Mr. Russell and members of the Board. My name is Don Wagner and I am president of the Southold Seniors. We meet twice a month in the Peconic Lane Recreation Center and I am here tonight to ask you for help and I guess what kind of help is financial. Let me explain it to you, in 2010 all seniors on social security received zero increase. In 2011 we received zero increase. In 2015 we received zero increase, 2016 we received zero increase, 2017 we got a 0.3 increase but then medicare came along so most of the seniors took a loss of a little bit. In my case, I am not the poorest seniors but some of the seniors, I've seen them when we decide to hold a lunch, some seniors say we can't afford it. This is for out of food other than brought in by the senior staff from Mattituck. What I wanted to relate to this, to bring it to your attention, the total payroll cost dropped slightly in 2016 however, a $58,429 Southold had highest average salary for town or city workers on Long Island last year followed by Riverhead which had an average salary of $49,800. Southold average rose $3,079 to a 5.6% increase. Now, I am not saying you should not give any increases. What I am saying is you have got to try to hold this to the cost of living because right now if the average senior is making $1,500 a month and the average employee in Southold is making $4,000 a month which is not unreal, for five years you were getting increases maybe 5%, we got nothing, we seniors. So in other words, our standard of living is dropping and it's dropping bad. Inaudible. So I am asking you, any wage increases that you consider, as long as we get zero or very little increase in the seniors, that you keep the wage increases down. Because the seniors, I know a couple getting ready to leave and I am not one of them because I have been here for a while and I am a little better off than some of the seniors but it's getting too expensive and we are losing our ability to continue, so if you would consider that in any negotiations. Thank you. SUPERVISOR RUSSELL: I will, Don. I appreciate everything you are saying particularly with social security, I have a family member whose sole source of income is social security and I know how difficult it's been. And also expansion of medicare part B and the contributions to that. the one thing I just want to make clear is there has been no collective bargaining agreement in certainly the 12 years I have been here and I know this Town Board has been here that has ever conveyed a 5.6% in any one year to any employee. There are a lot of factors and I tried to Southold Town Board Regular Meeting November 8 2017 page 56 explain that to the Newsday reporter that might affect those averages annually. In many instances it's happenstance. It's people that retire that receive what we call scat pay, sick and vacations payouts. They get factored into the final salary. We also have a police department that many of the departments up west, they pay into a police district which is part of the county roll, also, to some extent we do have an older workforce here, employment in Southold is very difficult to find and people, you know, when they come to work for Southold, they stay. That salary might seem bigger but after 20, 30 or more years of service to the town, it's not so big when you consider the years of service they've given the town. It's all, it's fluid, there's so many different numbers and any other year we might come in considerably lower than any other towns depending on how the math works that year. But I appreciate everything you are saying and I don't think the will of the Board is to ever grant a 5.6% to any member of any collective bargaining agreement. Thank you. Would anyone else like to address the Town Board on any issue? Yes, Tom. Tom Skabry, President of CSEA TOM SKABRY: Can I get a 6% increase? SUPERVISOR RUSSELL: Would you give us a signed contract? We can make it happen tonight. Would anybody else like to address the Town Board? MR. SKABRY: Tom Skabry, here tonight as President of CSEA bargaining unit here in Southold Town. I just want to congratulate every one of you for your re-election bid and we look forward to continue working with you guys and obviously the contract thing, but as far as the function of town government overall, we still looking forward to very much working as a group to further this town. Thank you. Supervisor Russell SUPERVISOR RUSSELL: Thank you, Tom. Would anybody else like to address the Town Board on any issue? (No response) Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 7:21 P.M. Eliz eth A. Neville Southold Town Clerk Southold Town Board Regular Meeting November 8 2017 page 57 RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Robert Ghosio, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell