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Home My WebLink AboutAG-08/14/2018 ELIZABETH A. NEVILLE Town Hall, 53095 Main Road TOWN CLERK PO Box 1179 Southold, NY 11971 REGISTRAR OF VITAL STATISTICS Fax (631) 765-6145 MARRIAGE OFFICER Telephone: (631) 765 - 1800 RECORDS MANAGEMENT OFFICER www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER AGENDA SOUTHOLD TOWN BOARD August 14, 2018 4:30 PM POLICY: At scheduled Town Board meetings, the attending public is encouraged to briefly address the Town Board relating to agenda resolutions prior to their enactment; the public will also be given time at the conclusion of the regularly scheduled business agenda to address the Board on any given topic. ONLINE ACCESS: The Agenda is generally available the Friday before the meeting. The video of the meeting is usually available 1-2 hours after the meeting. Minutes with adopted resolutions are available 1-2 days after the meeting. A full copy of the minutes, agenda and meeting video can be viewed in one of two ways: (1) The town of Southold website: www.southoldtownny.gov Click on “Town Board On- Line”; Click Box “Yes” to be redirected to IQM2 and you will then be redirected to the Town Clerk online site. (2) www.townclerk.com Enter zip code 11971 in box on lower right hand side and “enter”. On the left hand side of screen a dark blue box will pop up, you will see "Town of Southold, Long Island, NY", click on this and another box will pop up that will tell you that you are being directed to another site click on “Yes” to go into the Town Clerk site. Go to the date of the meeting and click on "Minutes Packet" this is the full copy of the resolutions. (Scroll to bottom of page for KEY to symbols). You can view the live video of the meeting by clicking on the camera symbol. All of this information is available 24/7. If you would like help navigating the site, please feel free to call my office 631-765-1800. CALL TO ORDER 4:30 PM Meeting called to order on August 14, 2018 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Present Absent Late Arrived Councilman James Dinizio Jr    Councilman William P. Ruland    Councilwoman Jill Doherty    Councilman Robert Ghosio    Justice Louisa P. Evans    Supervisor Scott A. Russell    Southold Town Meeting Agenda - August 14, 2018 Page 2 I. REPORTS 1. Justice Court Reports July 2018 2. Zoning Board of Appeals Monthly Report July 2018 3. Land Tracking Report 2nd Quarter 2018 4. Planning Board Monthly Report July 2018 5. Trustees Monthly Report July 2018 6. Town Clerk Monthly Report July 2018 II. COMMUNICATIONS III. PUBLIC NOTICES IV. DISCUSSION 1. EXECUTIVE SESSION - Labor - Matters Involving the Potential Employment of a Particular Corportation 9:00 Lloyd Reisenberg 2. OPEN SESSION 9:30 AM Jeff Standish with Michael Collins LED Street Lighting 3. 9:45 AM Denis Noncarrow, Jeff Standish, Michael Collins and Jamie Richter Capital Project Updates 4. POSTPONED - 10:00 AM Jamie Richter and Michael Collins Discussion of Town Hall Annex Building/Court Room 5. Town Attorney Amendments to Proposed Rental Code 6. Town Attorney Chapter 280-Proposed Amendments to LI and LIO Zoning Districts Southold Town Meeting Agenda - August 14, 2018 Page 3 7. EXECUTIVE SESSION - LABOR- Matters Involving the Employment of a Particular Person(S) 10;45 AM Kevin Webster 11:00 AM Denis Noncarrow 8. LABOR- Matters Involving the Employment of a Particular Corporation 11:15 AM John Sepenoski V. RESOLUTIONS 2018-745 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated August 14, 2018.  Vote Record - Resolution RES-2018-745 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent  Defeated James Dinizio Jr      Tabled  Withdrawn William P. Ruland     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell      No Action  Lost 2018-746 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, August 28, 2018 at Southold Town Hall, 53095 Main Road, Southold, New York at 7:30 P. M..  Vote Record - Resolution RES-2018-746 Adopted  Yes/Aye No/Nay Abstain Absent  Adopted as Amended Southold Town Meeting Agenda - August 14, 2018 Page 4 Defeated  James Dinizio Jr     Tabled  William P. Ruland      Withdrawn Jill Doherty      Supervisor's Appt  Tax Receiver's Appt Robert Ghosio     Rescinded  Louisa P. Evans     Town Clerk's Appt  Scott A. Russell     Supt Hgwys Appt  No Action  Lost  2018-747 CATEGORY: Refund DEPARTMENT: Town Clerk Refund of Disposal Permit RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund to the following individual(s) in the amount of $30.00 for the purchase of resident disposal permit: Jennifer Murray PO Box 288 Peconic NY 11958  Vote Record - Resolution RES-2018-747  Adopted  Adopted as Amended Yes/Aye No/Nay Abstain Absent Defeated  James Dinizio Jr     Tabled  Withdrawn  William P. Ruland     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio      Rescinded  Town Clerk's Appt Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2018-748 CATEGORY: Surplus Equipment DEPARTMENT: Human Resource Center Southold Town Meeting Agenda - August 14, 2018 Page 5 Decommissioning HRC Fleet SCOFA Vehicle N-9 RESOLVED that the Town Board of the Town of Southold hereby decommissions the following HRC fleet SCOFA vehicle: 2003 Chrysler Voyager– VIN#1C4GJ25333B237715 Asset #2891 Be it further RESOLVED that the Town Board authorizes the vehicle be returned to the Suffolk County Department of Public Works facility in Yaphank upon notification from Suffolk County Office for the Aging.  Vote Record - Resolution RES-2018-748 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  James Dinizio Jr     Tabled  Withdrawn  William P. Ruland      Supervisor's Appt Jill Doherty      Tax Receiver's Appt Robert Ghosio      Rescinded Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2018-749 CATEGORY: Grants DEPARTMENT: Justice Court Authorize Submission of a 2018 Justice Court Assistance Program (JCAP) Grant Application by the Southold Town Court Director RESOLVED that the Town Board of the Town of Southold hereby authorizes the Justice Court Director to submit an application to the Justice Court Assistance Program (JCAP) of the New York State Unified Court System, requesting a grant not to exceed $30,000.00, the maximum amount available, for the purchase of specific court related items.  Vote Record - Resolution RES-2018-749 Adopted  Yes/Aye No/Nay Abstain Absent Adopted as Amended  Defeated  James Dinizio Jr     Tabled  William P. Ruland     Withdrawn  Jill Doherty      Supervisor's Appt Robert Ghosio      Tax Receiver's Appt  Rescinded Louisa P. Evans     Town Clerk's Appt  Southold Town Meeting Agenda - August 14, 2018 Page 6 Supt Hgwys Appt  Scott A. Russell     No Action   Lost 2018-750 CATEGORY: Budget Modification DEPARTMENT: Accounting 2018 Budget Modification- Assessor's Financial Impact: Fund budget line for summer interns RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 General Fund Whole Town budget as follows: From: A.1990.4.100.100 Unallocated Contingencies $11,000 Total $11,000 To: A.1355.1.300.100 Assessor, Seasonal Regular Earnings $11,000 Total $11,000  Vote Record - Resolution RES-2018-750  Adopted  Adopted as Amended Yes/Aye No/Nay Abstain Absent Defeated  James Dinizio Jr     Tabled  Withdrawn  William P. Ruland     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio      Rescinded  Town Clerk's Appt Louisa P. Evans      Supt Hgwys Appt Scott A. Russell     No Action  Lost  2018-751 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Southold Town Meeting Agenda - August 14, 2018 Page 7 US Army Corps of Engineers Rights of Entry RESOLVED the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute Rights of Entry allowing the U.S. Army Corps of Engineers to enter onto various sites that were part of the former Fort H.G. Wright at Fishers Island, in connection with environmental recommendations, subject to the approval of the Town Attorney.  Vote Record - Resolution RES-2018-751 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  James Dinizio Jr     Tabled  Withdrawn  William P. Ruland      Supervisor's Appt Jill Doherty      Tax Receiver's Appt Robert Ghosio      Rescinded Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2018-752 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Cutchogue-New Suffolk Historical Council Annual Antique Car Show Financial Impact: Total Police Department Cost for Event =$434.08 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Cutchogue-New Suffolk Historical Council to hold its Annual Antique Car Show on the Cutchogue Village Green, Cutchogue on Sunday October 7, 2018 from 9:00 AM to 4:00 PM provided they file a Certificate of Liability Insurance naming the Town of Southold as addition insured for two million dollars and comply with all the conditions of the Town’s Policy for Special Events on Town Properties. All fees with the exception of the clean-up deposit shall be waived.  Vote Record - Resolution RES-2018-752 Adopted  Yes/Aye No/Nay Abstain Absent Adopted as Amended  James Dinizio Jr     Defeated  William P. Ruland     Tabled  Withdrawn Jill Doherty       Supervisor's Appt Robert Ghosio      Tax Receiver's Appt Louisa P. Evans      Rescinded Scott A. Russell     Town Clerk's Appt  Southold Town Meeting Agenda - August 14, 2018 Page 8 Supt Hgwys Appt  No Action   Lost 2018-753 CATEGORY: Budget Modification DEPARTMENT: Highway Department 2018 Budget Modification - Highway Financial Impact: transfer of funds RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 Highway Fund Part Town budget as follows: From: DB.5110.1.100.100 Full Time Regular Earnings $90,000.00 DB.5130.4.400.300 Equipment Rentals 3,000.00 TOTAL $93,000.00 To: DB.5140.1.100.100 Brush/Weed Regular Earnings $90,000.00 DB.5130.4.100.550 Tires 2,236.00 DB.5110.4.100.960 Drain Pipe/Rings/Covers 11.00 DB.5140.4.100.100 Office Supplies 451.00 DB.5140.4.400.600 Office Equip Maint/Repair 302.00 TOTAL $93,000.00  Vote Record - Resolution RES-2018-753 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  James Dinizio Jr     Tabled  Withdrawn  William P. Ruland      Supervisor's Appt Jill Doherty      Tax Receiver's Appt Robert Ghosio      Rescinded Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  Southold Town Meeting Agenda - August 14, 2018 Page 9 2018-754 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk BOAR Re-Appointment - Dantes RESOLVED that the Town Board of the Town of Southold hereby re-appoints Julia Dantes to serve as a member of the Board of Assessment Review effective October 1, 2018, term to expire September 30, 2023.  Vote Record - Resolution RES-2018-754 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  James Dinizio Jr      Tabled  Withdrawn William P. Ruland     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action   Lost 2018-755 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Clerk PH 9/11 4:31 Pm - Chapter 280 LIO District WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk th County, New York, on the 14 day of August 2018, a Local Law entitled “A Local Law in relation to Amendments to Chapter 280, Light Industrial Park/Planned Office Park (LIO) District” 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 th 11 day of September 2018 at 4:31 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, “A Local Law in relation to Amendments to Chapter 280, Light Industrial Park/Planned Office Park (LIO) District” reads as follows: LOCAL LAW NO. 2018 Southold Town Meeting Agenda - August 14, 2018 Page 10 A Local Law entitled, “A Local Law in relation to Amendments to Chapter 280, Hamlet Density Residential District”. BE IT ENACTED by the Town Board of the Town of Southold as follows: Article XIV. Light Industrial Park/Planned Office Park (LIO) District § 280-60. Front yard setbacks. \[Added 8-22-1995 by L.L. No. 18-1995\] A. Structures shall be set back at least 100 feet from the right-of-way. B. There shall be an exception to Subsection A if the adjacent parcels are developed, in which case the minimum front yard setback shall be the average of the setbacks of the adjacent parcels. C. A project shall be divided into separate structures so that no single structure shall have more than 60 linear feet of frontage on one street, except that this requirement shall not apply to parcels located outside a designated hamlet locus (HALO) zone. Where buildings are permitted to have greater than 60 linear feet of frontage on a street, the building must be set back 100 feet (or at least 50 feet in cases where there are adjacent buildings providing an average setback) from that street and screened with a vegetated buffer a transfer station. C.D. The setbacks of multiple structures on a parcel may vary, provided that the average setback of the structures meets the setback required above and all buildings are at least 75 feet from right of way. \[Amended 5-22-2007 by L.L. No. 13-2007\] Article XV. Light Industrial (LI) District § 280-64. Front yard setbacks. \[Added 8-22-1995 by L.L. No. 18-1995\] A. Structures shall be set back at least 100 feet from the right-of-way. B. There shall be an exception to Subsection A if the adjacent parcels are developed, in which case the minimum front yard setback shall be the average of the setbacks of the adjacent parcels. C. A project shall be divided into separate structures so that no single structure shall have more than 60 linear feet of frontage on one street, except that this requirement shall not apply to parcels located outside a designated hamlet locus (HALO) zone. Where buildings are permitted to have greater than 60 linear feet of frontage on a street, the building must be set back 100 feet (or at least 50 feet in cases where there are adjacent buildings providing an average setback) from that street and screened with a vegetated buffer. C D. The setbacks of multiple structures on a parcel may vary, provided that the average Southold Town Meeting Agenda - August 14, 2018 Page 11 setback of the structures meets the setback required above and all buildings are at least 75 feet from the right of way.  Vote Record - Resolution RES-2018-755 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent  Defeated James Dinizio Jr      Tabled  Withdrawn William P. Ruland     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell      No Action  Lost 2018-756 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk ENACT Local Law - Chapter 161 Street Trees WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk rd County, New York, on the 3 day of July, 2018, a Local Law entitled “A Local Law in relation to Amendments to Chapter 161, Street Trees” and WHEREAS that the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were 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 161, Street Trees” reads as follows: LOCAL LAW NO. 2018 A Local Law entitled, “A Local Law in relation to Amendments to Chapter 161, Street Trees”. BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. To allow for more flexibility in the authorizing of trees to be planted and to clarify the role of the Southold Town Meeting Agenda - August 14, 2018 Page 12 Town Engineer in the process. II. Chapter 161 of the Code of the Town of Southold are hereby amended as follows: § 161-44 Street trees. Prior to planting, the Planning Board shall be notified as to a time and place where the trees may be inspected. Any trees that are deemed to be unacceptable, which have been planted without proper notification, will be subject to rejection and removal. On large subdivisions with multiple streets, serious consideration shall be given to planting more than one species of tree. A. All trees shall be of freshly dug nursery stock and shall have grown for a period of at least two years, under the same climatic conditions as the location of the development. They shall be of symmetrical growth, sound, healthy, free from insect pests, disease and suitable for street trees. The average trunk diameter at a height of four inches above the finished ground level shall be a minimum of 2 1/2 inches to three inches, depending on good practice, with reference to the particular species to be planted. B. Trees shall be planted at intervals of 30 feet to 40 feet depending on the species, and the trees shall be located five feet outside the right-of-way on private property. The street trees shall be planted on both sides of the street and the spacing and locations of all trees shall be approved by the Superintendent of Highways and the Planning Board. In order to provide visibility for traffic safety, no trees shall be planted within a minimum length of 20 feet from the ends of the right-of-way curve radius at intersections. \[Amended 12-12-1995\] C. Planting. The size of tree pits shall be as follows: Depths of all pits shall not be less than three feet. In no case shall the distance from the ball to the side of the pit be less than six inches. All pits shall have vertical sides unless otherwise directed. The soil shall be made loose and friable for a depth of one foot below the bottom of all pits. D. Where, in the opinion of the Town Engineer, the subgrade material is unsuitable, the size of the pits shall be dug wider and deeper than normally required. The bottom and sides shall be backfilled with topsoil and thoroughly worked into place. E. Backfill for tree pits shall consist of topsoil and manure mixed in the proportions of 75% topsoil and 25% manure. Trees shall be handled so that the ball will not be loosened. After the backfill has been firmed under the ball and around it in six-inch to eight-inch lifts, it shall be thoroughly settled with water. F. Staking of trees shall be done immediately after planting and maintained until final acceptance. Trees shall stand plumb after staking and shall be supported by two stakes, eight feet or more in length, driven into the ground for three feet and fastened securely with double strand No. 12 steel wire through reinforced black rubber hose at the trees. G. Trees shall be wrapped with new six-inch plain burlap bandage when directed by the Town Engineer. The bandage, when used, shall cover the entire surface of the trunk to the height Southold Town Meeting Agenda - August 14, 2018 Page 13 of the first branches. H. Pruning of any badly bruised or broken branches shall be done as directed and the cuts painted with an approved tree paint depending on the size of the cuts. All trees shall be sprayed with an approved antidessiccant, using a power spray to apply an adequate film over trunks, branches and/or over the foliage when directed by the Town Engineer. I. At the time of planting, the soil around the trees shall be thoroughly saturated with water and as many times thereafter as seasonable conditions require during the period to final acceptance. J. Trees shall be planted from March 1 to May 1 and from October 15 to December 1, or at such other times as the Town Engineer may direct. K. Only the following species and varieties for street trees contained in a list adopted by the Town Board by resolution based upon recommendation of the Tree Committee shall be are acceptable for planting.: Scientific Name Common Name Spacing (feet) Acer platanoides Norway maple 40 Acer saccharum Sugar maple 40 Fraxinus americana White ash 30 Fraxinus pennsylvanica lanceolatus Green ash 40 Gleditsia triacanthos Honey locust 30 Gleditsia triacanthos inermis Moraine honey locust 30 Quercus borealis Red oak 40 Quercus palustris Pin oak 40 Tilia cordata Little-leaf linden 30 Tilia tomentosa Silver linden 30 III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law.  Vote Record - Resolution RES-2018-756 Adopted  Yes/Aye No/Nay Abstain Absent Adopted as Amended  James Dinizio Jr      Defeated William P. Ruland      Tabled Jill Doherty Withdrawn      Southold Town Meeting Agenda - August 14, 2018 Page 14 Supervisor's Appt  Robert Ghosio     Tax Receiver's Appt  Louisa P. Evans      Rescinded Scott A. Russell      Town Clerk's Appt  Supt Hgwys Appt No Action  Lost  VI. PUBLIC HEARINGS 1. PH 8/14 4:31 Pm - Chapter 161 Street Trees