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HomeMy WebLinkAboutAG-09/25/2018 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 September 25, 2018 7:30 PM POLICY: At scheduled Town Board meetings, the attending public is encouraged to briefly address the Town Board relating to agenda resolutions prior to their enactment; the public will also be given time at the conclusion of the regularly scheduled business agenda to address the Board on any given topic. ONLINE ACCESS: The Agenda is generally available the Friday before the meeting. The video of the meeting is usually available 1-2 hours after the meeting. Minutes with adopted resolutions are available 1-2 days after the meeting. A full copy of the minutes, agenda and meeting video can be viewed in one of two ways: (1) The town of Southold website: www.southoldtownny.gov Click on “Town Board On- Line”; Click Box “Yes” to be redirected to IQM2 and you will then be redirected to the Town Clerk online site. (2) www.townclerk.com Enter zip code 11971 in box on lower right hand side and “enter”. On the left hand side of screen a dark blue box will pop up, you will see "Town of Southold, Long Island, NY", click on this and another box will pop up that will tell you that you are being directed to another site click on “Yes” to go into the Town Clerk site. Go to the date of the meeting and click on "Minutes Packet" this is the full copy of the resolutions. (Scroll to bottom of page for KEY to symbols). You can view the live video of the meeting by clicking on the camera symbol. All of this information is available 24/7. If you would like help navigating the site, please feel free to call my office 631-765-1800. CALL TO ORDER 7:30 PM Meeting called to order on September 25, 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 - September 25, 2018 Page 2 I. REPORTS 1. Recreation Department Monthly Report August 2018 2. Trustees Monthly Report August 2018 3. Planning Department Monthly Report August 2018 II. PUBLIC NOTICES III. COMMUNICATIONS IV. DISCUSSION 1. 9:00 AM Michael Collins, Jeff Standish Bid Award for Asbestos Removal at the Old Highway Department Maintenance and Storage Garage and an Update on the Whistler Avenue Drainage Project 2. 9:15 AM Lloyd Reisenberg Award of Bid for Town Hall Meeting Hall Audio/Video Project 3. 9:30 AM Councilman Ruland Update on Town Fleet 4. 9:45 AM Councilwoman Doherty Proposed Rental Permit Code-Set for Public Hearing 5. 9:50 AM Denis Noncarrow 2019 Community Development Block Grant Funds 6. 10:00 AM David Gamberg, Superintendent of Southold/Greenport Schools, Denis Noncarrow, Lynn Nyilas The North Fork Mental Health Initiative 7. 10:30 AM Heather Lanza, Don Wilcenski with Matthew Carmody from AKRF, Inc Presentation of the Final Draft of the Transportation & Infrastructure Chapter of the Comprehensive Plan 8. EPA Offshore Drilling Policy Changes Follow up Discussion from 9/11 Work Session 9. Advertise for Secretary to the Historic Preservation Commission Southold Town Meeting Agenda - September 25, 2018 Page 3 10. Training for Committees and Boards Regarding Meeting Structure 11. Supervisor Russell Update on 2019 Budget 12. EXECUTIVE SESSION - Proposed Acquisition(S), Sale or Lease of Real Property Where Publicity Would Substantially Affect the Value Thereof 11:45 AM Melissa Spiro, Land Preservation 13. EXECUTIVE SESSION - Labor-Matters Involving the Employment of a Particular Person(S) Councilman Ruland-Architectural Review Committee Member 12:00 PM Chief Flatley 12:30 PM Kristie Hansen-Hightower 1:15 PM Vincent Orlando 14. EXECUTIVE SESSION - Litigation Marijo C. Adimey & Veronica M. Lugris v. Trustees Jesse Dorfman, Robert White & Virginia Gilmour v. ZBA Town of Southold v. Frank Kelly 15. OPEN SESSION - 11:00 Am - Jeff Standish & Craig Jobes Deer Cull Property Survey Questionnaire V. RESOLUTIONS 2018-819 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated September 25, 2018.  Vote Record - Resolution RES-2018-819 Adopted  Yes/Aye No/Nay Abstain Absent Adopted as Amended  James Dinizio Jr      Defeated  Tabled William P. Ruland     Withdrawn  Jill Doherty     Supervisor's Appt  Robert Ghosio     Tax Receiver's Appt  Rescinded Louisa P. Evans      Town Clerk's Appt  Scott A. Russell      Supt Hgwys Appt  No Action Southold Town Meeting Agenda - September 25, 2018 Page 4 Lost  2018-820 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, October 9, 2018 at Southold Town Hall, 53095 Main Road, Southold, New York at 4:30 P. M..  Vote Record - Resolution RES-2018-820 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  2018-821 CATEGORY: Property Acquisition Purchase DEPARTMENT: Land Preservation Execute Calabrese Correction Easement RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a Correction Easement and any and all recording documents for the Calabrese property located at 34615 NYS Route 25, Cutchogue, New York, part of SCTM #1000-97.-1-12.8, as requested by the New York State Department of Agriculture and Markets (the “Department”). The Correction Easement references an Addendum required by the Department and also attaches the Addendum, and is required in order to release the final payment of grant monies awarded to the Town under contract #C800821 for the Calabrese development rights easement acquisition. Southold Town Meeting Agenda - September 25, 2018 Page 5  Vote Record - Resolution RES-2018-821 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 2018-822 CATEGORY: Budget Modification DEPARTMENT: Engineering 2018 Budget Modification - Engineering Financial Impact: Transfer between General Fund Whole Town budget lines for the Engineering Department. No financial impact. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 General Fund Whole Town budget as follows: From: A.1440.4.600.200 Meetings & Seminars $ 2,000.00 Total $ 2,000.00 To: A.1440.4.600.300 Travel $ 2,000.00 Total $ 2,000.00  Vote Record - Resolution RES-2018-822 Adopted  Yes/Aye No/Nay Abstain Absent Adopted as Amended  James Dinizio Jr     Defeated  Tabled  William P. Ruland     Withdrawn  Jill Doherty      Supervisor's Appt Robert Ghosio      Tax Receiver's Appt Louisa P. Evans  Rescinded     Town Clerk's Appt  Scott A. Russell     Supt Hgwys Appt  No Action  Southold Town Meeting Agenda - September 25, 2018 Page 6 Lost  2018-823 CATEGORY: Attend Seminar DEPARTMENT: Information Technology Radiological Emergency Planning Class RESOLVED that the Town Board of the Town of Southold hereby grants permission to Lloyd Reisenberg to attend a seminar on Radiological Emergency Planning in Yaphank, NY, on September 26, 2018. All expenses for registration, travel to be a legal charge to the 2018 budget (meetings and seminars).  Vote Record - Resolution RES-2018-823  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  2018-824 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Cutchogue Fire Department's Stuff the Sleigh 5K Financial Impact: Police Department cost = $614.96 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Cutchogue Fire Department to use the following route: New Suffolk Road, Grathwohl Road, thth Fanning Road, 5 Street, King Street, 4 Street, and Orchard Street to hold its Annual Sleigh 5K in Cutchogue, on December 12, 2018 beginning at 9:00 AM, provided they adhere to the Town of Southold Policy for Special Events on Town Properties and Roads. All Town fees for this event, with the exception of the Clean-up Deposit, are waived. Southold Town Meeting Agenda - September 25, 2018 Page 7  Vote Record - Resolution RES-2018-824 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 2018-825 CATEGORY: Employment - Town DEPARTMENT: Accounting Attend NYS Retirement System Employer Education Seminar RESOLVED that the Town Board of the Town of Southold hereby grants permission to Christine Foster, Secretarial Assistant, to attend the New York State Retirement System Employer Education Seminar in Port Jefferson Station, NY on October 19, 2018. All expenses for registration and travel to be a legal charge to the budget (meetings and seminars).  Vote Record - Resolution RES-2018-825 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  2018-826 CATEGORY: Refund DEPARTMENT: Town Clerk Southold Town Meeting Agenda - September 25, 2018 Page 8 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: Joanna Paulsen PO Box 1470 Mattituck, NY 11952  Vote Record - Resolution RES-2018-826 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  2018-827 CATEGORY: Attend Seminar DEPARTMENT: Police Dept Police Department-Training Request RESOLVED that the Town Board of the Town of Southold hereby grants permission to Police Officers R. Buonaiuto and G. Simmons to attend the Suffolk County Criminal Justice Addiction Workgroup “Raise the Age” Conference on Friday October 26, 2018 in Wading River. All expenses for registration to be a legal charge to the 2018 budget line A.3120.4.600.200.  Vote Record - Resolution RES-2018-827 Adopted  Yes/Aye No/Nay Abstain Absent Adopted as Amended  James Dinizio Jr     Defeated  Tabled  William P. Ruland      Withdrawn Jill Doherty      Supervisor's Appt Robert Ghosio     Tax Receiver's Appt  Rescinded Louisa P. Evans      Town Clerk's Appt  Scott A. Russell     Supt Hgwys Appt  No Action  Southold Town Meeting Agenda - September 25, 2018 Page 9 Lost  2018-828 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District 2018 Budget Modification- SWMD Financial Impact: Provides funds for drive shaft for CAT loader; muffler for CAT dump truck; Town bag vending machine maintenance and sujpplies; switch of 2 tires from Komatsu loader to CAT loader; tire repair on CAT dump truck. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 Solid Waste Management District budget as follows: From: SR 8160.4.100.500 Motor Vehicle Glass $ 350 SR 8160.4.100.525 Payloader/Truck Tires 1,390 SR 8160.4.100.576 Maint/Supply Windrow Turner 500 SR 8160.4.100.580 Maint-Ford Tractor 300 SR 8160.4.100.650 Garbage Bags 1,100 SR 8160.4.400.667 Repairs-Trommel Screen 500 Total $4,140 To: SR 8160.4.100.551 Maint/Supplies CAT Loader $1,100 SR 8160.4.100.566 Maint/Supplies CAT Dump Truck 1,000 SR 8160.4.400.610 Vending Machine Maintenance 350 SR 8160.4.400.625 Tire Repair 1,690 Total $4,140  Vote Record - Resolution RES-2018-828 Adopted  Yes/Aye No/Nay Abstain Absent Adopted as Amended  Defeated  James Dinizio Jr     Tabled  William P. Ruland      Withdrawn Jill Doherty      Supervisor's Appt  Tax Receiver's Appt Robert Ghosio     Rescinded  Louisa P. Evans     Town Clerk's Appt  Scott A. Russell     Supt Hgwys Appt  No Action  Lost  Southold Town Meeting Agenda - September 25, 2018 Page 10 2018-829 CATEGORY: Attend Seminar DEPARTMENT: Police Dept Police Department-Training Request RESOLVED that the Town Board of the Town of Southold hereby grants permission to Chief th Martin Flatley to attend the 125 IACP Conference from October 6-9, 2018 in Orlando, FL. All related expenses to be a legal charge to the 2018 budget lines A.3120.4.600.200, A.3120.4.600.225 & A.3120.4.600.300.  Vote Record - Resolution RES-2018-829 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 2018-830 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Appoint Kathleen Alfred-Nieman PT Account Clerk Typist RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves Resolution Number 2018-181 of the Fishers Island Ferry District adopted September 17, 2018 that appoints Kathleen Alfred-Nieman to the position of part-time Account Clerk Typist (FIFD) effective September 1, 2018, salary to remain the same.  Vote Record - Resolution RES-2018-830 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 - September 25, 2018 Page 11 Supervisor's Appt  Robert Ghosio     Tax Receiver's Appt  Louisa P. Evans      Rescinded Scott A. Russell      Town Clerk's Appt  Supt Hgwys Appt No Action  Lost  2018-831 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Appoint Steven Conary PT Purser RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves Resolution Number 2018-183 of the Fishers Island Ferry District adopted September 17, 2018 that appoints Steven Conary to the position of part-time Purser (FIFD) effective September 13, 2018, salary to remain the same.  Vote Record - Resolution RES-2018-831 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 2018-832 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Waive Parking Regs for Salty Flyrodders RESOLVED that the Town Board of the Town of Southold hereby grants permission to Salty Flyrodders of New York to park vehicles of participating fishermen, to use town beaches on Southold Town Meeting Agenda - September 25, 2018 Page 12 October 19, 2018 through October 21, 2018 day and night for the purpose of fly fishing, and these vehicles shall be exempt from Southold Town parking fees for those days provided: 1. They file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured; 2. Participants must display a club card visible in the car; 3. Applicant contacts Captain Kruszeski of the Southold Police Department with a sample of cards and instructions for proper placement of the cards.  Vote Record - Resolution RES-2018-832 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 2018-833 CATEGORY: Bid Acceptance DEPARTMENT: Information Technology Award Town Hall Audio Video System RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Adwar Video for an Audio/Video system for the Town Hall meeting room and lobby in the amount of $51,650.70, all in accordance with the Town Attorney.  Vote Record - Resolution RES-2018-833  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 - September 25, 2018 Page 13 2018-834 CATEGORY: Attend Seminar DEPARTMENT: Accounting Permission to Attend Meeting RESOLVED that the Town Board of the Town of Southold hereby grants permission to Town Comptroller, Kristie Hansen-Hightower to attend a meeting of the New York Government Finance Officers’ Association Board of Governors in Albany, New York, on October 5, 2018. Any expenses for meals and travel to be a legal charge to the 2018 budget (A.1310.4.600.300 Travel Reimbursement).  Vote Record - Resolution RES-2018-834 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 2018-835 CATEGORY: Attend Seminar DEPARTMENT: Accounting Seminar Attendance- Accounting RESOLVED that the Town Board of the Town of Southold hereby grants permission to Kristie Hansen-Hightower and Connie Solomon to attend a seminar on municipal finance in Hauppauge, NY, on October 16, 2018. All expenses for registration and travel to be a legal charge to the 2018 budget (A.1310.4.600.200 Meetings and Seminars and A1310.4.600.300 Travel Reimbursement).  Vote Record - Resolution RES-2018-835  Adopted Yes/Aye No/Nay Abstain Absent  Adopted as Amended James Dinizio Jr      Defeated William P. Ruland     Tabled  Southold Town Meeting Agenda - September 25, 2018 Page 14 Withdrawn  Jill Doherty     Supervisor's Appt  Robert Ghosio      Tax Receiver's Appt Louisa P. Evans      Rescinded  Town Clerk's Appt Scott A. Russell     Supt Hgwys Appt  No Action  Lost  2018-836 CATEGORY: Attend Seminar DEPARTMENT: Accounting Seminar Attendance- Accounting RESOLVED that the Town Board of the Town of Southold hereby grants permission to Connie Solomon, Diana Whitecavage, Laura Arena and Christine Foster to participate in an Excel webinar on October 2, 2018. All expenses for registration to be a legal charge to the 2018 budget (A.1310.4.600.200 Meetings and Seminars).  Vote Record - Resolution RES-2018-836 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  2018-837 CATEGORY: Attend Seminar DEPARTMENT: Accounting Seminar Attendance- Accounting RESOLVED that the Town Board of the Town of Southold hereby grants permission to Laura th Arena to attend a seminar on municipal finance and accounting on November 13 and 14th, Southold Town Meeting Agenda - September 25, 2018 Page 15 2018 in Hauppauge, NY. All expenses for registration and travel to be a legal charge to the 2018 budget (A.1310.4.600.200 Meetings and Seminars and A.1310.4.600.300 Travel Reimbursement).  Vote Record - Resolution RES-2018-837  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  2018-838 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint Diane E. Lessard to Account Clerk-Typist RESOLVED that the Town Board of the Town of Southold hereby appoints Diane E. Lessard to the position of Account Clerk Typist for the Police Department, effective September 27, 2018, at a rate of $54,730.07 per year.  Vote Record - Resolution RES-2018-838 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  2018-839 Southold Town Meeting Agenda - September 25, 2018 Page 16 CATEGORY: Attend Seminar DEPARTMENT: Police Dept Police Department-Training Request RESOLVED that the Town Board of the Town of Southold hereby grants permission to Sergeant Richard Perkins to attend a seminar on Accreditation Program Manager Training in Albany County on September 27, 2018. All expenses for registration, travel to be a legal charge to the 2018 budget lines A.3120.4.600.225, A.3120.4.600.300 & A.3120.4.600.200  Vote Record - Resolution RES-2018-839 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 2018-840 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Lease Agreement W/Canon Solutions for Human Resource Center RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Acquisition Agreement Lease or Purchase between the Town of Southold and Canon Solutions America, Inc., in connection with the lease of a Canon IR-Advance 45351 II copy machine/scanner for use by the Human Resource Center at a monthly cost of $159.00 for a period of forty-eight (48) months, subject to the approval of the Town Attorney.  Vote Record - Resolution RES-2018-840 Adopted  Yes/Aye No/Nay Abstain Absent Adopted as Amended  James Dinizio Jr     Defeated  William P. Ruland     Tabled   Withdrawn Jill Doherty      Supervisor's Appt Robert Ghosio      Tax Receiver's Appt Louisa P. Evans     Rescinded  Southold Town Meeting Agenda - September 25, 2018 Page 17 Town Clerk's Appt  Scott A. Russell     Supt Hgwys Appt   No Action  Lost 2018-841 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Intermunicipal Agreement with Village of Greenport RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Intermunicipal Agreement between the Town of Southold and the Village of Greenport with regard to the Town of Southold making applications to the Suffolk County Office of Economic Development and Planning for grant funding on behalf of the Village of Greenport, subject to the approval of the Town Attorney.  Vote Record - Resolution RES-2018-841 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 2018-842 CATEGORY: Employment - Town DEPARTMENT: Accounting Accepts Resignation Damon Rallis-Historical Preservation Commission RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Damon Rallis from the position of Application Coordinator for the Historical Preservation Commission, effective September 19, 2018.  Vote Record - Resolution RES-2018-842 Adopted  Yes/Aye No/Nay Abstain Absent Southold Town Meeting Agenda - September 25, 2018 Page 18 Adopted as Amended  James Dinizio Jr     Defeated  William P. Ruland      Tabled Jill Doherty      Withdrawn  Supervisor's Appt Robert Ghosio     Tax Receiver's Appt  Louisa P. Evans     Rescinded  Scott A. Russell     Town Clerk's Appt  Supt Hgwys Appt  No Action   Lost 2018-843 CATEGORY: Misc. Public Hearing DEPARTMENT: Government Liaison Public Hearing to Hear Citizens Views on Local Housing and Community Development Needs RESOLVED that the Town Board of the Town of Southold hereby sets 7:31 PM, Tuesday, October 23, 2018, Southold Town Hall, 53095 Main Road, Southold, New York 11971, as the time and place for a Public Hearing to hear citizens views on local housing and community development needs to be met with approximately $230,000.00 in Community Development Block Grant funds the Town of Southold expects to receive in April 2019 and authorizes the Town Clerk to publish an “Announcement of Public Hearing Notice”.  Vote Record - Resolution RES-2018-843  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  2018-844 CATEGORY: Attend Seminar DEPARTMENT: Assessors Southold Town Meeting Agenda - September 25, 2018 Page 19 Attend Seminar - Charles Sanders and Claire Glew RESOLVED that the Town Board of the Town of Southold hereby grants permission to Charles Sanders and Claire Glew to attend an Exemption Administration Seminar at the Riverhead Town Hall, Riverhead, NY, on October 24, 2018. Expenses for registration to be a charge to the 2018 Assessors budget.  Vote Record - Resolution RES-2018-844 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 2018-845 CATEGORY: Bid Acceptance DEPARTMENT: Town Clerk Accept Sand Bid 2019 RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Southampton Excavation & Site Development for supplying the Southold Town Highway Department with sand for the year 2019 at $19.70 per cubic yard.  Vote Record - Resolution RES-2018-845 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 - September 25, 2018 Page 20 2018-846 CATEGORY: Budget Modification DEPARTMENT: Human Resource Center HRC Budget Modification Financial Impact: To allocate funds to accounts requiring additional reserves. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 General Fund Whole Town budget as follows: From: Appropriations: Programs for the Aging A.6772.1.200.100 Part Time Employees Regular Earnings $2,200.00 A.6772.4.400.650 Contracted Services Vehicle Maint. & Repair 1,000.00 A.6772.4.600.100 Miscellaneous Advertising 100.00 A.6772.4.400.300 Contracted Services Printing 100.00 Total: $3,400.00 To: Appropriations: Programs for the Aging A.6772.4.100.100 Contractual Expense Office Supplies $ 600.00 A.6772.4.100.150 Contractual Expense Disposables 1,500.00 A.6772.4.100.500 Contractual Expense Motor Vehicle Parts/Supplies 1,300.00 Total $3,400.00  Vote Record - Resolution RES-2018-846 Adopted  Yes/Aye No/Nay Abstain Absent Adopted as Amended  Defeated  James Dinizio Jr     Tabled  William P. Ruland      Withdrawn Jill Doherty      Supervisor's Appt  Tax Receiver's Appt Robert Ghosio     Rescinded  Louisa P. Evans     Town Clerk's Appt  Scott A. Russell     Supt Hgwys Appt  No Action  Lost  Southold Town Meeting Agenda - September 25, 2018 Page 21 2018-847 CATEGORY: Legal DEPARTMENT: Town Attorney Retain Tempera RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an agreement relating to the services of Jeffrey L. Tempera to conduct an investigation with regard to a workplace violence complaint, at a rate not to exceed $150.00/ hour.  Vote Record - Resolution RES-2018-847 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 2018-848 CATEGORY: Attend Seminar DEPARTMENT: Police Dept Police Department-Training Request RESOLVED that the Town Board of the Town of Southold hereby grants permission to Detective Sergeant John Sinning to attend a seminar on METRORCA conference on February 16, 2018 and Gang Trends & Social Media Training on June 27, 2018 in NYC. All expenses for registration, travel to be a legal charge to the 2018 budget line A.3120.4.600.200.  Vote Record - Resolution RES-2018-848  Adopted Yes/Aye No/Nay Abstain Absent  Adopted as Amended James Dinizio Jr     Defeated  William P. Ruland     Tabled  Southold Town Meeting Agenda - September 25, 2018 Page 22 Withdrawn  Jill Doherty     Supervisor's Appt  Robert Ghosio      Tax Receiver's Appt Louisa P. Evans      Rescinded  Town Clerk's Appt Scott A. Russell     Supt Hgwys Appt  No Action  Lost  2018-849 CATEGORY: Authorize to Bid DEPARTMENT: Highway Department Advertise Used Vehicles for Sale RESOLVED that the Town Board of the Town of Southold hereby declares the following equipment from the Highway Department to be surplus equipment and authorizes and directs the Town Clerk’s office to advertise on Auctions International ASSET DESCRIPTION VIN 96 1957 Walters Snow Fighter 61X49 2555 1968 Walters Snow Fighter AF936080 111 1987 Ford-800 Cab/Chassis, 1FDXT84A1HVA66249 2111 1995 Swenson Sander (on Asset# 111) 63562 3162 2004 Ford F-250 4x4 Pick-up 1FTNF21LX4EC86635 3441 2006 Ford F-250 4x4 Pick-up 1FTNF21526EA92637 3660 1979 FWD Snow Fighter/Sander J20691 3916 1982 Oshkosh Snow Fighter Serial# MSS10103SSLUTD746 2024 1994 F-150 pick-up 1FTEX14HXRKB63540 4002 1997 Mack Salt/Sander 1M2K191COVMO10140 4007 1996 Mack Salt/Sander 1M2K191C1TMOO8524 2205 1997 Ford-800 Bucket truck(FI) 1FDNF80C6VVA10163 2332 1998 Stone Cement Mixer ID# 0698200 2572 2000 Airless Line Striper ID#1D00310PSP 3584 1994 Chevy PU - Fishers Island 1GCEK14K9RZ230940 (PD)  Vote Record - Resolution RES-2018-849  Adopted Yes/Aye No/Nay Abstain Absent  Adopted as Amended James Dinizio Jr      Defeated William P. Ruland     Tabled  Withdrawn  Jill Doherty     Supervisor's Appt  Robert Ghosio     Tax Receiver's Appt  Louisa P. Evans     Rescinded  Southold Town Meeting Agenda - September 25, 2018 Page 23 Town Clerk's Appt  Scott A. Russell     Supt Hgwys Appt   No Action  Lost 2018-850 CATEGORY: Bid Acceptance DEPARTMENT: Public Works Award FI Court Fencing RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Gateway Fence & Guardrail LLC for fencing around basketball and tennis courts on Fishers Island in the amount of $55,660.00, all in accordance with the Town Attorney.  Vote Record - Resolution RES-2018-850 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 2018-851 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Oysterponds School District - Life of Peconic Bay Financial Impact: Cost Analysis: None RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Oysterponds School District to place a port-o-potty in the area of the Town Ramp located on Narrow River Road, Orient for the day of October 19, 2018.  Vote Record - Resolution RES-2018-851 Adopted  Yes/Aye No/Nay Abstain Absent Southold Town Meeting Agenda - September 25, 2018 Page 24 Adopted as Amended  James Dinizio Jr     Defeated  William P. Ruland      Tabled Jill Doherty      Withdrawn  Supervisor's Appt Robert Ghosio     Tax Receiver's Appt  Louisa P. Evans     Rescinded  Scott A. Russell     Town Clerk's Appt  Supt Hgwys Appt  No Action   Lost 2018-852 CATEGORY: Attend Seminar DEPARTMENT: Planning Board Attend Seminar - SEQRA RESOLVED that the Town Board of the Town of Southold hereby grants permission to Brian Cummings, Planner, to attend the SEQRA Seminar in Plainview, NY on October 18, 2018. All expenses to be a legal charge to the 2018 Planning Department budget.  Vote Record - Resolution RES-2018-852  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  2018-853 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Lead Service Line Replacement Program Southold Town Meeting Agenda - September 25, 2018 Page 25 RESOLVED that the Town Board of the Town of Southold authorizes and directs Supervisor Scott A. Russell to execute a services agreement with the Fishers Island Water Works Corporation for assistance in the implementation of the Lead Service Line Replacement Program, subject to approval by the Town Attorney.  Vote Record - Resolution RES-2018-853  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  2018-854 CATEGORY: Property Usage DEPARTMENT: Recreation Southold High School Cross Country Use of Tasker Park RESOLVED that the Town Board of the Town of Southold hereby grants permission to Southold High School to use Tasker Park for junior high school cross country meets on October 1, 10, 15 & 24th, 2018 . Fields will be reserved from 3:00 - 5:15 p.m. Applicant must file with the Town Clerk a Two Million Dollar Certificate of Insurance naming the Town of Southold as additional insured.  Vote Record - Resolution RES-2018-854 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 - September 25, 2018 Page 26 2018-855 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney Ph 10/23 WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk th County, New York, on the 25 day of September, 2018, a Local Law entitled “A Local Law in relation to Rental Permits” now, therefore, be it RESOLVED, that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the rd 23 day of October 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 Rental Permits” reads as follows: LOCAL LAW NO. 2018 BE IT ENACTED by the Town Board of the Town of Southold as follows: I. A new Chapter 207 of the Code of the Town of Southold, A Local Law entitled, “A Local Law in relation to Rental Permits” § 207-1 Legislative intent. A. The Town Board of the Town of Southold has determined that there exists in the Town of Southold serious conditions arising from non-owner occupied rental of dwelling units in one, two and three family and multiple dwellings that are substandard or in violation of the New York State Uniform Fire Prevention and Building Code, Building Rehabilitation Code, Electrical Code, Fire Prevention Code, Plumbing Code, and other codes and ordinances of the Town. Many of these dwellings are inadequate in size, overcrowded and dangerous, and such dwelling units pose hazards to life, limb and property of residents of the Town and others, tend to promote and encourage deterioration of the housing stock of the Town, create blight and excessive vehicle traffic and parking problems and to overburden municipal services. The Board finds that current Code provisions are inadequate to halt the proliferation of such conditions and that the public health, safety, welfare and good order and governance of the Town will be enhanced by enactment of the regulations set forth in this chapter. B. Nothing herein shall be interpreted to supersede any requirements contained in Chapter 280, Chapter 100 or any other chapter of the Town Code of the Town of Southold Town Meeting Agenda - September 25, 2018 Page 27 Southold. § 207-2 Definitions. As used in this chapter, the following terms shall have the meanings indicated: CODE ENFORCEMENT OFFICIAL The official who is charged by the Town Board with the administration and enforcement of this chapter, or any duly authorized representative of such person, including but not limited to the Building Inspector, Chief Building Inspector, Principal Building Inspector, Senior Building Inspector, Building Permits Examiner, Zoning Inspector, Electrical Inspector, Plumbing Inspector, Fire Marshal, Fire Marshal I, Fire Marshal II, Chief Fire Marshal, Town Investigator, Senior Town Investigator, Ordinance Enforcement Officer or Ordinance Inspector of the Town of Southold, Stormwater Manager, Town Engineer and such person(s) shall be certified as a New York State Code Enforcement Official; Code Enforcement Officer. DWELLING A building designed exclusively for residential purposes. DWELLING, MULTIPLE-FAMILY A building, other than an apartment house, designed for and occupied as a residence by three or more families living independently of each other. DWELLING, ONE-FAMILY A detached building designed for and occupied exclusively as a home or residence by not more than one family. DWELLING, TWO-FAMILY A building arranged, designed for or occupied exclusively as a home or residence for not more than two families living independently of each other. DWELLING UNIT A single unit within a building or structure providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. IMMEDIATE FAMILY Southold Town Meeting Agenda - September 25, 2018 Page 28 The immediate family of the owner of a housing unit consists of the owner's spouse, domestic partner, children, parents, grandparents or grandchildren, siblings, uncles, aunts, nieces, nephews, cousins and in-laws. OWNER Any person, partnership, corporation or other entity who, alone or jointly with others, shall have legal title to any premises, with or without accompanying actual possession thereof; or who shall have charge, care or control of any dwelling unit as a cooperative shareholder or as executor, administrator, trustee, receiver or guardian of the estate or as a mortgagee in possession, title or control; including but not limited to a bank or lending institution, regardless of how such possession, title or control was obtained. RENT A return, in money, property or other valuable consideration (including payment in kind or for services or other thing of value), for use and occupancy or the right to use and occupancy of a dwelling unit, whether or not a legal relationship of landlord and tenant exists between the owner and the occupant or occupants thereof. RENTAL DWELLING UNIT A dwelling unit established, occupied, used or maintained for rental occupancy RENTAL OCCUPANCY The occupancy or use of a dwelling unit by one or more persons as a home or residence under an arrangement whereby the occupant or occupants thereof pay rent for such occupancy and use. RENTAL OCCUPANCY PERMIT A permit which is issued upon application to the Code Enforcement Officer designated by the Town Board with the administration of this Chapter and shall be valid for 24 months from the date of issuance. § 207-3 Fees. Rental Permit fees shall be set by the Town Board by resolution. §207-4 Smoke detectors and carbon monoxide detectors. Each rental dwelling shall be equipped with functioning smoke detectors and carbon monoxide detectors, in compliance with New York State Uniform Fire Prevention and Building Code. Southold Town Meeting Agenda - September 25, 2018 Page 29 §207-5 Inspections. A. No permit shall be issued under any application unless the rental dwelling unit has a valid Certificate of Occupancy or Pre-Certificate of Occupancy. B. The Code Enforcement Official is authorized to make or cause to be made inspections, to determine the condition of dwellings and to safeguard the health, safety, morals and welfare of the public. The Code Enforcement Official or his designated representative is authorized to enter the subject premises upon the consent of the owner. C. Search without warrant restricted. Nothing in this chapter, except for provisions concerning emergency inspections, shall be deemed to authorize the Code Enforcement Official or his authorized representative to conduct an inspection of any premises subject to this chapter without the consent of the owner of the premises or without a warrant duly issued by an appropriate court. D. Conflict with other chapters or law. Nothing in this chapter shall be construed to negate the authority for inspections pursuant to any other section of law or court- ordered inspection. E. Presumption of rent. Any dwelling, dwelling unit, rooming house, rooming unit or any other premises subject to this chapter shall be presumed to be rented for a fee and a charge made if said premises are not occupied by the legal owner thereof. This presumption shall be rebuttable. §207-6 Application for search warrant. The Code Enforcement Official or his designated representative is authorized to make application to the Town of Southold Justice Court or Supreme Court of Suffolk County, or any court of competent jurisdiction, for the issuance of a search warrant in order to conduct an inspection of any premises covered by this chapter where the owner refuses or fails to allow an inspection of its rental premises and where there is reasonable cause to believe that a violation of this chapter has occurred. The application for a search warrant shall in all respects comply with the applicable laws of the State of New York. §207-7 Rental permit required. A. It shall be unlawful for any rental occupancy to exist in any dwelling without the owner's first having obtained a rental permit from the Code Enforcement Official. (1) It shall be an affirmative defense to a violation of Subsection A of this section that the rental occupant or occupants is/are immediate family members of the owner of the subject premises, as defined in this chapter. Southold Town Meeting Agenda - September 25, 2018 Page 30 B. Rental permit application requirements. (1) Rental permit applications shall be in writing on a form provided by the Town and shall include the owner's name, address and telephone number. (2) Rental permits applications shall contain a description of the unit, including the number of rooms in the rental dwelling unit, and the dimensions and use of each such room shall be included. The name, address and telephone number, if any, of the managing agent or operator of each such intended rental dwelling unit shall be included (3) Rental permits applications shall include the maximum number of persons that are being requested to occupy the rental dwelling unit. (4) All applicants for a rental permit shall sign an affidavit stating that they have received a copy of and fully understand this Chapter of the Southold Town Code. (5) All applicants must submit the following documents: (a) Copies of all certificates of occupancy and/or pre-certificates of occupancy for the rental dwelling unit; (b) An affidavit setting forth the address to be used as the last known address of the owner for service pursuant to all applicable laws and rules. The owner shall notify the Code Enforcement Official of any change of address submitted pursuant to this section within five business days of any change thereto, and ; (c) Inspection report. The owner of the rental dwelling unit shall (1) arrange for an inspection of the unit or units and the premises on which the same are located by the Code Enforcement Official or his designee employed by the Town of Southold, or (2) provide to the Code Enforcement Official an inspection report, on a form provided by the Town, signed by either a New York State licensed professional engineer, New York State licensed architect or home inspector who has a valid New York State Uniform Fire Prevention Building Code certification that the structure and the dwelling units contained therein meet all applicable housing, sanitary, building, electrical and fire codes, rules and regulations. (6) Each application shall be executed and sworn to by the owner of the premises. (7) All rental properties containing eight or more rental units shall provide for a designated site manager, who shall be available to address and resolve any issues with the property 24 hours a day. The owner of the property must file the manager's Southold Town Meeting Agenda - September 25, 2018 Page 31 address, telephone number and other contact information with the Code Enforcement Official within five days of the designation of the manager or any changes thereto. C. Notwithstanding the above, no rental occupancy permit shall be required for a residential care facility licensed under federal, New York State or Suffolk County guidelines. D. Renewal of rental permits. (1) A renewal rental permit application signed by the owner shall be completed and filed with the Code Enforcement Official at least 90 days prior to the expiration date of any valid rental permit. A renewal rental permit application shall contain a copy of the prior rental permit. (2) Prior to the issuance of a renewal rental permit, the owner shall cause an inspection of the unit or units and the premises pursuant to 207-7 B(2) above. (3) The Town of Southold shall not accept, review or approve any renewal rental application for a rental dwelling unit dwellings wherein the prior rental permit expiration date has passed. If the expiration date has passed, the owner must file a new application. §207-9 Revocation of permit. A. The Code Enforcement Official may revoke a rental occupancy permit where he or she finds that the permit holder has caused, permitted, suffered or allowed to exist and remain upon the premises for which such permit has been issued, for a period of 14 business days or more after written, return receipt requested notice and opportunity to be heard has been given to the permit holder, or the managing agent of such rental dwelling unit, a violation of the Multiple Residence Law and/or New York State Uniform Fire Prevention and Building Code or a violation of this chapter or other chapter of the Town Code. Revocation of a permit under this subsection cannot be done by a devisee or assistant of the Code Enforcement Official. B. An appeal from such revocation may be taken by the permit holder to the Town Board, by written request, made within 30 days from the date of such revocation. The Town Board shall hold a public hearing on such appeal after receipt of written request of such appeal, and after such hearing shall make written findings and conclusions and a decision either sustaining such permit revocation or reinstating such permit within 30 days after close of such public hearing. Unless the Town Board directs otherwise in circumstances constituting serious threats to health and safety, the filing of an appeal shall stay the effectiveness of a permit revocation until the Town Board has considered and ruled upon the issue. C. Any permit holder that takes an appeal to the Town Board from the revocation of a Southold Town Meeting Agenda - September 25, 2018 Page 32 rental permit shall be required to pay an administrative fee $200.00 to the Town Clerk with the written request for the appeal. §207-10 Broker's/Agent's responsibility. A. Broker's/Agent's responsibility prior to listing. No Real Estate Broker or agent shall list or otherwise advertise, or offer for lease any rental dwelling unit for which a current rental permit has not been issued by the Code Enforcement Official. §207-11 Enforcement. This chapter shall be enforced by the Code Enforcement Officer as defined by this chapter. §207-12 Penalties for offenses. A. Any person, association, firm or corporation that violates any provision of this chapter or assists in the violation of any provision of this chapter shall be guilty of a violation, punishable: (1) By a fine not less than $500 and not exceeding $5,000 or by imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense. (2) By a fine not less than $1,000 nor more than $10,000 or by imprisonment for a period not to exceed 15 days, or both, for conviction of the second of the two offenses, both of which were committed within a period of five years. B. Each week's continued violation shall constitute a separate additional violation. C. This section is enacted pursuant to Municipal Home Rule Law § 10(1)(ii) a(9-a) and § 10(1)(ii)d(3) and pursuant to § 10(5) of the Statute of Local Governments, and is intended to supersede Town Law § 268 and any other statute or local law to the extent necessary to increase the minimum and maximum penalties contained therein. §207-13 Implementation. II. Severability. If any clause, sentence, paragraph, section or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in said judgment. III. Effective Date. This chapter shall be effective upon filing with the Secretary of State. However, in order to Southold Town Meeting Agenda - September 25, 2018 Page 33 afford property owners a sufficient amount of time to apply for and obtain a rental permit as set forth herein, no violation of this chapter will be charged prior to August 1, 2019 and no violation for failure to obtain a permit shall be issued to a person or entity that: A. Has filed the necessary application in proper form with all required information and attachments on or before August 1, 2019, and; B. Has not received a final determination on the application on the application for reasons over which the applicant has no control.  Vote Record - Resolution RES-2018-855 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 2018-856 CATEGORY: Budget Modification DEPARTMENT: Accounting 2018 Budget Modification-Capital Financial Impact: Establish Budget for Town Hall Audio Video System WHEREAS the Town Board of the Town of Southold awarded a contract for Town Hall Audio Video System, and WHEREAS the Town’s Capital Budget process requires a resolution to formally establish Capital Budget items in the Capital Fund, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby authorizes the establishment of the following Capital Projects and amends the 2018 General Fund Whole Town and Capital Budget as follows: Capital Project Name: Town Hall Audio Video System Financing Method: Transfer from the General Fund Whole Town Fund Budget: Revenues: Southold Town Meeting Agenda - September 25, 2018 Page 34 H.5031.51 Interfund Transfers Town Hall AV Recorder $51,651 Total $51,651 Appropriations: H.1680.2.600.675 Town Hall A/V System $51,651 Total $51,651 General Fund Whole Town Increase Revenues: A.2770.70 Miscellaneous Sources PEG Grant $51,651 Total $51,651 Increase Appropriations: A.9901.9.000.100 Interfund Transfers Capital Fund $51,651 Total $51,651  Vote Record - Resolution RES-2018-856 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  2018-857 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint Theodore Griffin Automotive Mechanic III RESOLVED that the Town Board of the Town of Southold hereby appoints Theodore Griffin to the position of an Automotive Mechanic III for the Department of Public Works, effective September 27, 2018 at a rate of $30.9809 per hour.  Vote Record - Resolution RES-2018-857 Adopted  Yes/Aye No/Nay Abstain Absent Adopted as Amended  James Dinizio Jr     Defeated  Southold Town Meeting Agenda - September 25, 2018 Page 35 Tabled  William P. Ruland     Withdrawn  Jill Doherty      Supervisor's Appt Robert Ghosio      Tax Receiver's Appt  Rescinded Louisa P. Evans     Town Clerk's Appt  Scott A. Russell     Supt Hgwys Appt  No Action  Lost  2018-858 CATEGORY: Budget Modification DEPARTMENT: Accounting 2018 Budget Modification- DPW Financial Impact: Transfers funds for asbestos removal RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 General Fund Whole Town budget as follows: From: A.1440.4.500.100 Engineering Surveys $30,000 A.1620.4.400.700 Building Rentals 14,600 Total $44,600 To: A.1620.4.400.100 Building Maint/Repair $44,600 Total $44,600  Vote Record - Resolution RES-2018-858 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 - September 25, 2018 Page 36 2018-859 CATEGORY: Bid Acceptance DEPARTMENT: Engineering Reject Bid for Whistler Avenue Drainage Project RESOLVED that the Town Board of the Town of Southold hereby rejects all bids received on September 20, 2018 pursuant to the bid for the installation of drainage improvements on Whistler Avenue, Fishers Island.  Vote Record - Resolution RES-2018-859  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  2018-860 CATEGORY: Budget Modification DEPARTMENT: Accounting 2018 Budget Modification Capital (Pump Out Boat) Financial Impact: Establish budget for pump out boat purchase WHEREAS the Town Board of the Town of Southold has received grants from NYS DEC and Suffolk County for a Pump Out Boat purchase, and WHEREAS the Town’s Capital Budget process requires a resolution to formally establish Capital Budget items in the Capital Fund, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby authorizes the establishment of the following Capital Projects and amends the 2018 General Fund Whole Town and Capital Budget as follows: Capital Project Name: Pump Out Boat Southold Town Meeting Agenda - September 25, 2018 Page 37 Financing Method: State/Local Grant and Transfer from the General Whole Town Fund Budget: Revenues: H.5031.96 Interfund Transfers, Pump Out Boat $19,500 H.2770.00 Suffolk County Grant-Boat 19,700 H.3089.20 NYS DEC Grant 60,000 Total $99,200 Appropriations: H.8090.2.100.100 Environmental Control Capital Outlay, Pump Out Boat $99,200 Total $99,200 From: A.1620.4.400.700 Building Rentals $19,500 Total $19,500 To: A.9901.9.00.100 Transfer to Capital $19,500 Total $19,500  Vote Record - Resolution RES-2018-860  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  2018-861 CATEGORY: Budget Modification DEPARTMENT: Accounting 2018 Budget Modification- Emergency Preparedness Financial Impact: Transfer funds for emergency generator Southold Town Meeting Agenda - September 25, 2018 Page 38 RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 General Fund Whole Town budget as follows: From: A.1010.1.200.100 Town Board, Part Time Regular Earnings $20,000 Total $20,000 To: A.3640.4.600.100 Emergency Preparedness, FI School Generator Grant $20,000 Total $20,000  Vote Record - Resolution RES-2018-861 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 2018-862 CATEGORY: Budget Modification DEPARTMENT: Accounting 2018 Budget Modification- Central Garage Financial Impact: Transfer funds for vehicle repairs RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 General Fund Whole Town budget as follows: From: A.1640.4.100.500 Central Garage, Motor Vehicle Parts/Supplies $2,000 Total $2,000 To: Southold Town Meeting Agenda - September 25, 2018 Page 39 A.1640.4.400.650 Central Garage, Vehicle Maint & Repair $2,000 Total $2,000  Vote Record - Resolution RES-2018-862 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 2018-863 CATEGORY: Bid Acceptance DEPARTMENT: Public Works Accept Unitech Bid for Asbestos Removal RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Unitech Services Group Inc. for the removal of asbestos at the Highway Department garage in the amount of $44,600, all in accordance with the Town Attorney.  Vote Record - Resolution RES-2018-863 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  2018-864 CATEGORY: Budget Modification Southold Town Meeting Agenda - September 25, 2018 Page 40 DEPARTMENT: Solid Waste Management District 2018 Budget Modification- SWMD Correction Financial Impact: Corrects amount "From" office equipment line. RESOLVED that the Town Board of the Town of Southold hereby amends Resolution # 2018-808 adopted on September 11, 2018 to read as follows (amended lines in bold): From: SR 1490.1.100.500 Admin Holiday Earnings $ 1,000 SR 8160.2.100.300 Chairs 120 SR 8160.2.200.400 Computer Equipment 75 SR 8160.4.100.525 Tires (Payloader/Truck) 1,000 SR 8160.4.100.580 Maint – Ford Tractor 140 Total $2,335 To: SR 1490.1.100.200 Admin – OT Earnings $ 1,000 SR 8160.2.500.450 Radio Equipment 195 SR 8160.4.100.552 Maint/Supplies – Volvo Loader 70 SR 8160.4.100.600 Misc. Equip Maint/Supplies 70 SR 8160.4.100.610 Maint/Supplies - Forklift 1,000 Total $2,335  Vote Record - Resolution RES-2018-864 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 2018-865 CATEGORY: Support/Non-Support Resolution DEPARTMENT: Town Attorney EPA Offshore Drilling Southold Town Meeting Agenda - September 25, 2018 Page 41 WHEREAS, New York is currently the third-largest ocean economy in the nation with almost 320,000 jobs and billions of dollars of the state's gross domestic product that depend on clean, oil-free water and beaches, and abundant fish and wildlife; and WHEREAS, a booming Long Island tourism economy alone provides $5.6 billion into New York's ocean wealth and Long Island is the heart of the $180 million New York annual fishing industry, all of which benefit from a healthy ocean and coast; and WHEREAS, offshore oil and gas drilling and exploration places coastal communities at economic and ecological risk from oil spills and the pollution brought by routine drilling operations and onshore industrialization, threatening the livelihoods of commercial and recreational fisherman and small businesses that rely on a clean and healthy ocean and beaches; and WHEREAS, offshore drilling may require significant onshore infrastructure, such as pipelines or refineries, which would harm the character of New York's coastline and could exacerbate wetlands loss, storm surge, and sea level rise impacts; and WHEREAS, the harmful impacts from offshore oil and gas drilling and exploration anywhere along the Atlantic coastline could extend far beyond immediately surrounding areas and severely impact communities that rely on the robust economy of the marine industry; and WHEREAS, offshore drilling and exploration perpetuates our ties to dirty carbon pollution and contributes to climate change and the resulting sea level rise and extreme weather; and WHEREAS, the current Administration has expressed interest in opening the Atlantic Ocean to offshore oil and gas drilling and exploration, which includes the use of seismic airguns which fire intense blasts of compressed air that rank just behind military explosives as the loudest source of noise in the ocean, every 10-12 seconds, 24 hours a day, for months on end; and WHEREAS, the magnitude of the seismic survey activity used to explore for oil and gas deposits and the relatively flat sandy bottom of the North Atlantic seafloor are very likely to disrupt and displace marine life, such as whales which rely on sound to find food and mate, and can impair the health of many fish and shellfish species, including those of commercial importance like squid, lobster, and scallops; and WHEREAS, the Town of Southold recognizes that our communities, businesses, and industries depend on a healthy coastal environment for the benefit of current and future residents, property owners, and visitors alike. NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Southold hereby finds that offshore oil and gas drilling and exploration unnecessarily risks our economic and ecological health and thus, the Town Board sets forth its opposition to any plan or legislation which encourages oil and gas development and exploration offshore that would impact the citizens of New York State; and be it further Southold Town Meeting Agenda - September 25, 2018 Page 42 RESOLVED, that the Town Clerk shall forward a copy of this Resolution to New York State Governor Andrew M. Cuomo, United States Senators Chuck Schumer and Kirsten Gillibrand, United States Representative Lee Zeldin, New York State Senator Kenneth P. LaValle, and New York State Assemblyman Fred W. Thiele, Jr.; and be it further RESOLVED, that all Town Hall Departments may review and obtain a copy of this resolution from the town's electronic storage device and, if needed, a certified copy of same may be obtained from the Office of the Town Clerk.  Vote Record - Resolution RES-2018-865 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  2018-866 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Retain Devitt Spellman RESOLVED that the Town Board of the Town of Southold hereby authorizes the Town Attorney to retain Devitt Spellman Barrett LLP as Special Counsel to represent the Town of Southold in an action in Supreme Court, Suffolk County, entitled “Town of Southold v. Frank and Elizabeth Kelly” .  Vote Record - Resolution RES-2018-866  Adopted Yes/Aye No/Nay Abstain Absent  Adopted as Amended James Dinizio Jr      Defeated Tabled  William P. Ruland     Withdrawn  Jill Doherty     Supervisor's Appt  Robert Ghosio     Tax Receiver's Appt  Rescinded Louisa P. Evans       Town Clerk's Appt Scott A. Russell      Supt Hgwys Appt  No Action Southold Town Meeting Agenda - September 25, 2018 Page 43 Lost  2018-867 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Retain Spellman RESOLVED that the Town Board of the Town of Southold hereby authorizes the Town Attorney to retain Devitt Spellman Barrett LLP as Special Counsel to represent the Town of Southold Zoning Board of Appeals in an action in Supreme Court, Suffolk County, commenced by Dorfman, White and Gilmour.  Vote Record - Resolution RES-2018-867  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  2018-868 CATEGORY: Public Service DEPARTMENT: Town Attorney Purchase Property - Mattituck WHEREAS, the County of Suffolk, by Local Law No. 24-7007 authorized the acquisition of land under the New Suffolk County Drinking Water Protection Program (effective December 1, 2007) - Hamlet Greens/Active Recreation/Historic and/or Cultural Park Component; and WHEREAS, the Town of Southold desires that the County of Suffolk purchase a parcel of land under the New Suffolk County Drinking Water Protection Program for active parklands, for a park facility, which is located at Main Road, Mattituck, New York, and is more particularly described on the Suffolk County Tax Map as District 1000, Section 114.00, Block 11.00. Lot 017.000; and Southold Town Meeting Agenda - September 25, 2018 Page 44 WHEREAS, the Town of Southold shall improve and maintain the property as an active park facility; NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Southold that the Town of Southold hereby requests that the following parcel of land be purchased by Suffolk County as part of the New Suffolk County Drinking Water Protection Program - Hamlet Greens/Active Recreation/Historic and/or Cultural Park Component to wit: Main Road, Mattituck and is more particularly described on the Suffolk County Tax Map as District 1000, Section 114.00, Block 11.00. Lot 017.000; and BE IT FURTHER RESOLVED that the Town of Southold is willing to partner with the County of Suffolk for 50% of the cost of the acquisition and any associated soft costs including appraisals, title searches and environmental site assessment reports, etc.; and BE IT FURTHER RESOLVED that the Town of Southold acknowledges that the County of Suffolk acquires property for active or passive recreational uses that have clear title including non-delinquent on property taxes and have satisfied any environmental conditions/issues identified in any environmental site assessment report or any federal, state or local government actions relating to such property; and BE IT FURTHER RESOLVED that the Town of Southold hereby makes a commitment to improve and maintain the property in perpetuity as active parkland, with public access to all Suffolk County residents; and BE IT FURTHER RESOLVED that the Town of Southold may enter into agreements with civic groups to be approved by the County of Suffolk to maintain the parkland as a park facility; and BE IT FURTHER RESOLVED that the Supervisor of the Town of Southold is authorized to execute any necessary agreements and documents with the County of Suffolk to effectuate the maintenance of the active park by the Town of Southold as a park facility.  Vote Record - Resolution RES-2018-868 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 - September 25, 2018 Page 45 2018-869 CATEGORY: Bond DEPARTMENT: Fishers Island Ferry District Bond Resolution - FIFD Engine & Dredging BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED SEPTEMBER 25, 2018, APPROPRIATING $290,000 FOR THE INCREASE AND IMPROVEMENT OF FACILITIES OF THE FISHERS ISLAND FERRY DISTRICT, AND AUTHORIZING THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT OF $290,000 TO FINANCE SAID APPROPRIATION Recital WHEREAS, after a public hearing duly called and held, the Town Board of the Town of Southold (herein called the “Town”), in the County of Suffolk, New York determined that it is in the public interest to increase and improve the facilities of the Fishers Island Ferry District (referred to herein as the “District”), and ordered that such facilities be so improved; Now, therefore, be it RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK (by the favorable vote of not less than two-thirds of all the members of said Board) AS FOLLOWS: Section 1. The Town hereby appropriates the amount of $290,000 for the increase and improvement of facilities of the District, being (i) the replacement of engines on the MV Munnatawket at the estimated maximum cost of $150,000 and (ii) the dredging of the Silver Eel Channel at the estimated maximum cost of $140,000; the aggregate estimated maximum cost thereof being $290,000. The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $290,000. The plan of financing includes the issuance of bonds in the principal amount of $290,000 to finance said appropriation, and the assessment, levy and collection of assessments upon the several lots and parcels of land within the District in the same manner and at the same time as other Town charges, but if not paid from such source, all the taxable property within said Town shall be subject to the levy of ad valorem taxes, in an amount sufficient to pay the principal of and interest on said obligations. Section 2. Bonds of the Town are hereby authorized to be issued in the principal amount of $290,000 pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the “Law”), to finance said appropriation. Section 3. The following additional matters are hereby determined and stated: (a) The period of probable usefulness of the object or purpose for which said $150,000 bonds are authorized to be issued, within the limitations of Section 11.00 a. 26 of the Law, is thirty-five (35) years. The period of probable usefulness of the object or purpose for which said Southold Town Meeting Agenda - September 25, 2018 Page 46 $140,000 bonds are authorized to be issued, within the limitations of Section 11.00 a. 22(c) of the Law, is five (5) years. (b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) The proposed maturity of the bonds authorized by this resolution will exceed five (5) years. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of said bonds shall contain the recital of validity prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation said bonds shall be general obligations of the Town, payable as to both principal and interest by a general tax upon all the taxable real property within the Town. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds, and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes issued in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 of the Law relative to the authorization of the issuance of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 and 168.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and the renewals of said bond anticipation notes, and relative to executing contracts for credit enhancements and providing for substantially level or declining annual debt service, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution, or a summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This resolution shall take effect immediately and the Town Clerk is hereby authorized and directed to publish the foregoing bond resolution, in summary, in “The Suffolk Times,” a newspaper having a general circulation in said Town, which newspaper is hereby designated as the official newspaper of the Town for such publication, together with the Town Clerk’s statutory notice in the form prescribed by Section 81.00 of the Local Finance Law Southold Town Meeting Agenda - September 25, 2018 Page 47 of the State of New York. (NOTICE AND SUMMARY OF BOND RESOLUTION FOR PUBLICATION) NOTICE The resolution, a summary of which is published herewith, has been adopted on September 25, 2018, and the validity of the obligations authorized by such resolution may be hereafter contested only if such obligations were authorized for an object or purpose for which the Town of Southold, in the County of Suffolk, New York is not authorized to expend money or if the provisions of law which should have been complied with as of the date of publication of this notice were not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the publication of this notice, or such obligations were authorized in violation of the provisions of the constitution. BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Dated: September 25, 2018 Southold, New York Elizabeth A. Neville Town Clerk BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED SEPTEMBER 25, 2018, APPROPRIATING $290,000 FOR THE INCREASE AND IMPROVEMENT OF FACILITIES OF THE FISHERS ISLAND FERRY DISTRICT, AND AUTHORIZING THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT OF $290,000 TO FINANCE SAID APPROPRIATION The object or purpose for which the bonds are authorized is the increase and improvement of facilities of the Fishers Island Ferry District, consisting of (i) the replacement of engines on the MV Munnatawket at the estimated maximum cost of $150,000 and (ii) the dredging of the Silver Eel Channel at the estimated maximum cost of $140,000. The maximum amount of obligations authorized to be issued is $290,000. The period of probable usefulness for the $150,000 bonds is thirty-five (35) years. The period of probable usefulness for the $140,000 bonds is five (5) years. A complete copy of the Bond Resolution summarized above shall be available for public inspection during normal business hours at the office of the Town Clerk, Town Hall, 53095 Main Road, Southold, New York.  Vote Record - Resolution RES-2018-869 Adopted  Yes/Aye No/Nay Abstain Absent  Adopted as Amended James Dinizio Jr      Defeated Tabled William P. Ruland      Withdrawn  Jill Doherty     Supervisor's Appt  Robert Ghosio     Tax Receiver's Appt  Southold Town Meeting Agenda - September 25, 2018 Page 48 Rescinded  Louisa P. Evans     Town Clerk's Appt  Scott A. Russell      Supt Hgwys Appt  No Action  Lost 2018-870 CATEGORY: Bond DEPARTMENT: Fishers Island Ferry District Resolution & Order FIFD Engine & Dredging WHEREAS, the Board of Commissioners of the Fishers Island Ferry District (the “District”), in the Town of Southold (the “Town”), Suffolk County, New York, pursuant to a resolution of said Board of Commissioners, which together with a petition in due form, was duly submitted to the Town Board (the “Town Board”) of the Town, has requested the Town Board to call a public hearing to hear all persons interested in the subject thereof; and WHEREAS, on August 28, 2018, the Town Board of the Town of Southold (herein called the “Town”), in the County of Suffolk, New York, on behalf of the District, adopted an Order pursuant to Section 202-b of the Town Law, describing in general terms a proposed increase and improvement of facilities, being (i) the replacement of engines on the MV Munnatawket at the estimated maximum cost of $150,000 and (ii) the dredging of the Silver Eel Channel at the estimated maximum cost of $140,000, the aggregate estimated maximum cost thereof being $290,000; and said Order stated that the Town Board would meet to hear all persons interested in said increase and improvement of facilities on September 25, 2018 at 7:30 o’clock P.M. (Prevailing Time) at the Town Hall, 53095 Main Road, Southold, New York; and WHEREAS, a Notice of said public hearing was duly published and posted pursuant to the provisions of Article 12 of the Town Law; and WHEREAS, said public hearing was duly held by the Town Board on September 25, 2018 at 7:30 o’clock P.M. (Prevailing Time) at the Town Hall, 53095 Main Road, Southold, New York, with considerable discussion on the matter having been had and all persons desiring to be heard having been heard, including those in favor of and those in opposition to said increase and improvement of such facilities; and WHEREAS, the District, as lead agency, has given due consideration to the impact that the projects described herein may have on the environment pursuant to the State Environmental Quality Review Act (SEQRA), constituting Article 8 of the Environmental Conservation Law, and 6 N.Y.C.R.R., Regulations Part 617.5 and (i) has reviewed a Full Environmental Assessment Form with respect to the dredging project and has determined that said project will not result in any large and important impacts and will not have a significant Southold Town Meeting Agenda - September 25, 2018 Page 49 impact on the environment; and (ii) has determined that the engine replacement project is a Type II action and no further environmental review is required for said project; Now, therefore, on the basis of the information given at such hearing, it is hereby DETERMINED, that it is in the public interest to increase and improve the facilities of the District as hereinabove described, at the estimated maximum cost of $290,000; and it is hereby ORDERED, that the facilities of the District shall be so increased and improved and that the Board of Commissioners shall prepare plans and specifications and make a careful estimate of the expense for said increase and improvement of such facilities and, with the assistance of Attorney for said Board, shall prepare a proposed contract for such increase and improvement of facilities of the District, which plans and specifications, estimate and proposed contract shall be presented to the Town Board as soon as possible; and it is hereby FURTHER ORDERED, that the expense of said increase and improvement of facilities shall be financed as hereinabove set forth, and the costs thereof, including payment of the principal of and interest on the obligations authorized to be issued, shall be assessed, levied and collected by the Town Board from the several lots and parcels of land within the District in the same manner and at the same time as other Town charges, but if not paid from such source, all the taxable property within said Town shall be subject to the levy of ad valorem taxes, in an amount sufficient to pay the principal of and interest on said obligations; and it is hereby FURTHER ORDERED, that the Town Clerk record, or cause to be recorded, a certified copy of this Resolution and Order After Public Hearing in the office of the Clerk of Suffolk County within ten (10) days after adoption hereof. DATED: September 25, 2018 (SEAL) TOWN BOARD OF THE TOWN OF SOUTHOLD  Vote Record - Resolution RES-2018-870 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 - September 25, 2018 Page 50 VI. PUBLIC HEARINGS 1. PH 9/25 7:30 Pm FIFD Bond Order for Public Hearing