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Home My WebLink AboutAG-10/23/2018 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 October 23, 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 October 23, 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 - October 23, 2018 Page 2 I. REPORTS 1. Trustees Monthly Report September 2018 2. Land Tracking Report 3rd Quarter 2018 II. PUBLIC NOTICES 1. 2018-19 Scallop Season November 5, 2018 - March 31, 2019 III. COMMUNICATIONS IV. DISCUSSION 1. EXECUTIVE SESSION - Proposed Acquisition(S), Sale or Lease of Real Property Where Publicity Would Substantially Affect the Value Thereof 9:00 AM - Melissa Spiro, Land Preservation 2. OPEN SESSION - 9:30 AM - Jim Harmon and Teresa McCaskie Update on Helicopter FAA Hearings 3. Transportation Commission Recommendation Founders Village Homeowners Association Request for Roadside Signs on Youngs Avenue 4. 9:45 AM - Kristie Hansen-Hightower 2019 Tentative Budget Discussion and Financial Update 5. EXECUTIVE SESSION - Labor - Matters Involving the Employment of a Particular Person(S) Karen McLaughlin, Human Resource Center Kristie Hansen-Hightower re: Budget Discussion on Personnel 6. Code Enforcement - Town of Southold V. Vineyards 48 Discussion regarding conviction and sentencing after trial. V. RESOLUTIONS 2018-895 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit Southold Town Meeting Agenda - October 23, 2018 Page 3 RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated October 23, 2018.  Vote Record - Resolution RES-2018-895 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 2018-896 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, Wednesday, November 7, 2018 at Southold Town Hall, 53095 Main Road, Southold, New York at 7:00 P. M..  Vote Record - Resolution RES-2018-896 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  2018-897 CATEGORY: Attend Seminar Southold Town Meeting Agenda - October 23, 2018 Page 4 DEPARTMENT: Town Attorney Attend Annual Gang Seminar-Baylinson RESOLVED that the Town Board of the Town of Southold hereby grants permission to th Ordinance Inspector Lester Baylinson to attend The Suffolk County Sheriff’s 12 Annual Gang Seminar on October 25, 2018 at the Radisson Hotel Long Island in Hauppauge, New York. This is at no cost for the Town.  Vote Record - Resolution RES-2018-897  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  2018-898 CATEGORY: Budget Modification DEPARTMENT: Human Resource Center 2018 Budget Modification- HRC Financial Impact: To reclassify funds into accounts with shortfalls. 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.6772.4.100.700 Contractual Expense Food $2,300.00 Total $2,300.00 To: Appropriations: Programs for the Aging A.6772.4.100.110 Contractual Expense Southold Town Meeting Agenda - October 23, 2018 Page 5 Program Supplies & Materials $1,000.00 A.6772.4.100.150 Contractual Expense Disposables 1,200.00 A.6772.4.600.400 Miscellaneous Postage 100.00 Total $2,300.00  Vote Record - Resolution RES-2018-898  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  2018-899 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Mattituck Lions Club Halloween Parade Financial Impact: Police Department Cost Analysis: $106.42 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Mattituck Lions Club to use the following roads for its Annual Halloween Parade in Mattituck, on Tuesday, October 31, 2018 beginning at 6:00 PM: beginning at the Firehouse, west on Pike Street, south on Westphalia Road, east on Old Sound Avenue, north on Love Lane, east on Pike Street to Mattituck High School, provided they adhere to the Town of Southold Policy for Special Events on Town Properties and Roads. All Town fees for this event, with the exception of the Clean-up Deposit, are waived.  Vote Record - Resolution RES-2018-899  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 - October 23, 2018 Page 6 Town Clerk's Appt  Scott A. Russell     Supt Hgwys Appt   No Action  Lost 2018-900 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Oysterponds Halloween Parade Financial Impact: Police Department cost for the event = $ RESOLVED that the Town Board of the Town of Southold hereby grants a police escort and permission to Oysterponds U.F.S.D to use the following route: Oysterponds Elementary School to Village Lane to Orchard Street to Tabor Road and back to Oysterponds School, for its Annual Halloween Parade in Orient on October 31, 2018 beginning at 2:00 PM, provided they closely adhere to the all the conditions of the Town’s Policy for Special Events on Town Properties. All fees shall be waived with the exception of the Clean-Up Deposit.  Vote Record - Resolution RES-2018-900  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  2018-901 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Southold PTA Halloween Parade Financial Impact: Cost Analysis $306.22 Southold Town Meeting Agenda - October 23, 2018 Page 7 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Southold PTA to use the following roads for its Annual Halloween Parade in Southold, on Saturday, October 27, 2018 at 11:00 AM: beginning at the Firehouse, west on Route 25, South on Oaklawn Avenue ending at the Southold Elementary School provided they adhere to the Town of Southold Policy for Special Events on Town Properties and Roads. All Town fees for this event, with the exception of the Clean-up Deposit, are waived.  Vote Record - Resolution RES-2018-901 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 2018-902 CATEGORY: Budget Modification DEPARTMENT: Police Dept 2018 Budget Modification- Police Department Financial Impact: Reallocation of budgetary funds fory payment of annual audio log maintenance fee RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 General Fund Whole Town budget as follows: From: A.3020.4.100.550 Pub Safety Comm, CE/ Equip Parts & Supplies $2,650 Total $2,650 To: A.3020.4.400.600 Pub Safety Comm/CE/Equip Maint & Repairs $2,650 Total $2,650  Vote Record - Resolution RES-2018-902 Adopted  Yes/Aye No/Nay Abstain Absent Adopted as Amended  James Dinizio Jr     Defeated  Southold Town Meeting Agenda - October 23, 2018 Page 8 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  2018-903 CATEGORY: Special Events DEPARTMENT: Town Clerk Tree Lighting Ceremony - East End Hospice RESOLVED that the Town Board of the Town of Southold hereby grants permission to East End Hospice to hold its East End Hospice Tree of Lights on the Cutchogue Village Green on December 2, 2018 from 2:00 PM to 3:30 PM, provided they adhere to the Town of Southold Policy for Special Events on Town Properties and Roads. All Town fees for this event, with the exception of the Clean-up Deposit, are waived.  Vote Record - Resolution RES-2018-903 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  2018-904 CATEGORY: Authorize to Bid DEPARTMENT: Public Works Advertise for Sale Brush Hog Southold Town Meeting Agenda - October 23, 2018 Page 9 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the sale of a used Brush Hog, in “as is” condition.  Vote Record - Resolution RES-2018-904 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 2018-905 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Southold Athletic Assoc. 5K Financial Impact: Police Department Cost for Event = $503.22 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Southold School District to use certain roads for a 5K race in Southold, New York on November 3, 2018, start time 9:00 AM, route for the 5K: beginning at the Elementary School parking lot onto Oaklawn Avenue to Route 25, east to Youngs Avenue, to Calves Neck Road, to Harper Road, Hill Road, Wells Road, back to Oaklawn Avenue, to Pine Neck Road to Main Bayview Road to Main Road, Jockey Creek Drive back onto the Southold School property, provided applicant meets all of the requirements as listed in the Town Policy on Special Events and Use of Recreation Areas and Town Roads. Fees for this event have been waived with the exception of the Clean-up deposit.  Vote Record - Resolution RES-2018-905 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 - October 23, 2018 Page 10 Lost  2018-906 CATEGORY: Fmla DEPARTMENT: Accounting Grant FMLA Leave to a Town Employee RESOLVED that the Town Board of the Town of Southold hereby grants a leave of absence for up to 12 weeks to Employee #7047 effective September 19, 2018 pursuant to the Family Medical Leave Act.  Vote Record - Resolution RES-2018-906 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  2018-907 CATEGORY: Refund DEPARTMENT: Justice Court O'Malley Court Refund RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund to James O’Malley from the Town of Southold in the amount of Seven Hundred and Fifty 00/xx ($750.00) Dollars in connection with the payment of a Court fine dated May 16, 2018 in Southold Justice Court, as the court matter was ultimately dismissed.  Vote Record - Resolution RES-2018-907  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 - October 23, 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  2018-908 CATEGORY: Refund DEPARTMENT: Planning Board Refund Unused Consulting Fees RESOLVED, that unused consulting fees paid to the Town in connection with the wireless consulting review of T-Mobile at Orient Fire District, SCTM#1000-18-5-13.8, totaling $4,500.00, be refunded to the applicant’s agent: Highlander Consultants.  Vote Record - Resolution RES-2018-908  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  2018-909 CATEGORY: Budget Modification DEPARTMENT: Planning Board 2018 Budget Modification - Planning Financial Impact: to cover over expenditures RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 General Fund Part-Town budget as follows: Southold Town Meeting Agenda - October 23, 2018 Page 12 From: B.8020.1.300.100 Seasonal Employees, Regular Earnings $ 2,850.00 Total $ 2,850.00 To: B.8020.4.600.300 Misc., Travel Reimbursement $2,640.00 B.8020.2.100.300 Furniture, Desks & Chairs $ 210.00 Total $2,850.00  Vote Record - Resolution RES-2018-909 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 2018-910 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 Steven Harned to attend Taser Instructor Re Certification Training in East Hampton on November 13, 2018. All expenses for registration to be a legal charge to the 2018 budget line A.3120.4.600.200  Vote Record - Resolution RES-2018-910 Adopted  Yes/Aye No/Nay Abstain Absent Adopted as Amended  James Dinizio Jr     Defeated  Tabled  William P. Ruland      Withdrawn Jill Doherty      Supervisor's Appt Robert Ghosio      Tax Receiver's Appt Rescinded  Louisa P. Evans     Town Clerk's Appt  Scott A. Russell     Supt Hgwys Appt  Southold Town Meeting Agenda - October 23, 2018 Page 13 No Action  Lost  2018-911 CATEGORY: Budget Modification DEPARTMENT: Police Dept 2018 Budget Modification- Police Department Financial Impact: Reallocation of budgetary funds for anticipated PD training reimbursements RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 General Fund Whole Town budget as follows: From: A.3120.4.600.200 Police, CE/Misc/PO Training $1,500 Total $1,500 To: A.3120.4.600.225 Police, CE/Misc/Meetings & Seminars $1,500 Total $1,500  Vote Record - Resolution RES-2018-911  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  2018-912 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Sub-Lease Agreement - SCRPTSA, Ducks Unlimited Southold Town Meeting Agenda - October 23, 2018 Page 14 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Sub-License Agreement between the Town of Southold, the Suffolk County Real Property Tax Service Agency, and Ducks Unlimited, regarding the Suffolk County Advanced Real Estate Information System (AREIS) and Tax Map License Program, at no cost to the Town, subject to the approval of the Town Attorney.  Vote Record - Resolution RES-2018-912 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 2018-913 CATEGORY: Legal DEPARTMENT: Town Attorney Claim - Haas RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the payment of the sum of One Hundred Ninety One Dollars and 99 Cents ($191.99) to Brian Haas for property damage stemming from an incident on August 30, 2018, subject to the approval of the Town Attorney.  Vote Record - Resolution RES-2018-913  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 - October 23, 2018 Page 15 2018-914 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Recreation Fall 2018 Recreation Program Instructor RESOLVED that the Town Board of the Town of Southold authorizes and directs Supervisor Scott A. Russell to execute an agreement with the following individual for the Fall 2018 Recreation Program, all in accordance with the approval of the Town Attorney. Funding for the instructor listed below has been budgeted for in the Recreation Department's 2018 instructor line A7020.4.500.420. Antoinette Cassidy (Special Rec for Individuals with Special Needs)..................... $30/hour  Vote Record - Resolution RES-2018-914  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  2018-915 CATEGORY: Landfill Misc. DEPARTMENT: Solid Waste Management District Fall "Cleanup" Brush Disposal RESOLVED that the normal tip fees for brush disposal at the Cutchogue Compost Facility shall be waived for residential vehicles, and reduced to $30/ton for commercial vehicles, for the period November 1 - November 30, 2018; and be it further RESOLVED that for the purposes of this resolution, residential vehicles shall be defined as any vehicle with a resident disposal permit issued by the Town Clerk of the Town of Southold carrying less than one ton of debris (including trailers), or for vehicles without a permit, any vehicle carrying less than one ton (including trailers); and that commercial vehicles shall be defined as any vehicle with a commercial disposal permit issued by the Town Clerk of the Town Southold Town Meeting Agenda - October 23, 2018 Page 16 of Southold, or for vehicles without a permit, any vehicle with a carrying capacity of one ton or greater; and be it further RESOLVED that the tip fee waiver/reduction described herein shall not apply to stumps of any type; and that it applies to the charge for the weight of the debris ONLY, and not to single entry fees for vehicles without permits, which will still be charged as appropriate.  Vote Record - Resolution RES-2018-915 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 2018-916 CATEGORY: Budget Modification DEPARTMENT: Accounting 2018 Budget Modification-Planning Financial Impact: Increase expense and corresponding revenue lines for additional wireless consultant proejcts RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 General Fund Part Town budget as follows: Increase: B.2115.40 Planning Board Fee, Wireless Consultant Reimb $16,500 Total $16,500 Increase: B.8020.4.500.350 Planning, Wireless Consultants $16,500 Total $16,500  Vote Record - Resolution RES-2018-916 Adopted  Yes/Aye No/Nay Abstain Absent  Adopted as Amended James Dinizio Jr      Defeated William P. Ruland      Tabled Southold Town Meeting Agenda - October 23, 2018 Page 17 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  2018-917 CATEGORY: Attend Seminar DEPARTMENT: Assessors Attend Seminar - Assessors RESOLVED that the Town Board of the Town of Southold hereby authorizes Assessors Kevin Webster and Charles Sanders to attend an Ethics & the Assessor Seminar on November 28, 2018, at the Riverhead Town Hall. Expenses for registration to be a charge to the Assessors 2018 budget.  Vote Record - Resolution RES-2018-917 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 2018-918 CATEGORY: Refund DEPARTMENT: Building Department Refund Electrical Inspection Fee - Nagle RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund of $90.00 to Richard Nagle, 4785 Stillwater Avenue, Cutchogue, NY 11935 for double payment of an electrical inspection. Southold Town Meeting Agenda - October 23, 2018 Page 18  Vote Record - Resolution RES-2018-918 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 2018-919 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Pack 39 - Cubmobile Race RESOLVED that the Town Board of the Town of Southold hereby granted permission to Pack 39 Cub Scouts to hold its annual Cubmobile Soapbox Derby Race on October 20, 2018 from 8:00AM to 12:00 PM on the North side of Eastside Avenue, Mattituck, provided they adhere to the Town of Southold Policy for Special Events on Town Properties and Roads. All Town fees for this event are waived.  Vote Record - Resolution RES-2018-919 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  2018-920 CATEGORY: Contracts, Lease & Agreements Southold Town Meeting Agenda - October 23, 2018 Page 19 DEPARTMENT: Town Attorney Concrete Plus Extension RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an extension Agreement with Concrete Plus, Inc. in connection with the concrete curbing and stairs at the Southold Human Resource Center to November 30, 2018, all in accordance with the approval of the Town Attorney.  Vote Record - Resolution RES-2018-920  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  2018-921 CATEGORY: Budget Modification DEPARTMENT: Accounting 2018 Budget Modification- Police Financial Impact: Move funds for purchase of garage equipment RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 General Fund Whole Town budget as follows: From: A.3120.4.400.650 Police, Vehicle Maint & Repair $8,000 Total $8,000 To: A.3120.2.500.125 Other Equipment $8,000 Total $8,000 Increase: A.2705.40 Gifts and Donations $2,000 Total $2,000 Southold Town Meeting Agenda - October 23, 2018 Page 20 Increase: A.3120.2.500.125 Other Equipment $2,000 Total $2,000  Vote Record - Resolution RES-2018-921 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 2018-922 CATEGORY: Budget Modification DEPARTMENT: Town Attorney 2018 Budget Modification - Town Attorney Financial Impact: Transfer to Overtime line RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2018 budget as follows: FROM: A.1420.1.200.100 Town Attorney, P.S. Part-Time Regular Earnings $10,000.00 Total $10,000.00 TO: A.1420.1.100.200 Town Attorney, P.S. Overtime Earnings $10,000.00 Total $10,000.00  Vote Record - Resolution RES-2018-922 Yes/Aye No/Nay Abstain Absent Adopted  Adopted as Amended  James Dinizio Jr     Defeated  William P. Ruland     Tabled  Jill Doherty     Withdrawn   Supervisor's Appt Robert Ghosio     Southold Town Meeting Agenda - October 23, 2018 Page 21 Tax Receiver's Appt  Louisa P. Evans     Rescinded  Scott A. Russell      Town Clerk's Appt  Supt Hgwys Appt  No Action Lost  2018-923 CATEGORY: Budget Modification DEPARTMENT: Town Attorney 2018 Budget Modification - Town Attorney Financial Impact: to cover over-expenditures RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Part Town 2018 budget as follows: FROM: B.1420.4.500.200 Town Attorney, C.E Legal Counsel $25,242 Total $25,242 TO: B.1420.1.100.400 Town Attorney, P.S. Sick Earnings $11,464 B.1420.1.100.300 Town Attorney, P.S. Vacation Earnings $ 8,778 B.1420.1.100.200 Town Attorney, P.S. Overtime Earnings $ 5,000 Total $25,242  Vote Record - Resolution RES-2018-923 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 - October 23, 2018 Page 22 2018-924 CATEGORY: Bid Acceptance DEPARTMENT: Town Clerk Accept Bid for Milk RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Arshamomaque Dairy Farm, Inc. to supply the Senior Nutrition Programs with milk at a rate of .39¢ per ½ pint and $4.35 per gallon for the calendar year 2019, all in accordance with the Town Attorney.  Vote Record - Resolution RES-2018-924  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  2018-925 CATEGORY: Equipment DEPARTMENT: Highway Department Transfer Equipment - Highway to DPW RESOLVED that the Town Board of the Town of Southold hereby transfers Asset # 2332, a 1998 Stone Cement Mixer ID# 0698200 & # 140 1985 Case Mower Tractor from the Highway Department to the Department of Public works effective immediately.  Vote Record - Resolution RES-2018-925  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 - October 23, 2018 Page 23 Town Clerk's Appt  Scott A. Russell     Supt Hgwys Appt   No Action  Lost 2018-926 CATEGORY: Refund DEPARTMENT: Town Clerk Various Clean Up Deposits WHEREAS the following groups have supplied the Town of Southold with a refundable Clean- up Deposit fee, for their events and WHEREAS the Southold Town Police Chief, Martin Flatley, has informed the Town Clerk's office that this fee may be refunded, now therefor be it RESOLVED that Town Board of the Town of Southold hereby authorizes a refund be issued in the amount of the deposit made to the following Name Date Received Amount of Deposit Freebird Productions 10/3/18 250.00 Att: Jess Jobst 1 Main Street, 7A Brooklyn, NY 11201 Cutchogue New Suffolk Historical Society 8/13/18 250.00 Zeth Studenroth PO Box 714 Cutchogue, NY 11935 Mattituck Chamber of Commerce 2/28/18 250.00 David Perrin PO Box 1056 Mattituck, NY 11952  Vote Record - Resolution RES-2018-926 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 - October 23, 2018 Page 24 Town Clerk's Appt  Scott A. Russell     Supt Hgwys Appt   No Action  Lost 2018-927 CATEGORY: Surplus Equipment DEPARTMENT: Human Resource Center 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: 2005 Ford Phoenix E-450 14 Passenger Bus– VIN# 1FDXE45S35HA76740 Asset #3374 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-2018-927 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  2018-928 CATEGORY: Budget Modification DEPARTMENT: Town Clerk 2018 Budget Modification - Copy Paper Financial Impact: To cover copy paper order Southold Town Meeting Agenda - October 23, 2018 Page 25 RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 General Fund, Whole Town budget as follows: From: A.1670.4.600.400 Central Copying $2,500.00 Postage To: A.1670.4.100.100 Central Copying $2,500.00 Copy Machine Paper  Vote Record - Resolution RES-2018-928 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 2018-929 CATEGORY: Budget Modification DEPARTMENT: Police Dept 2018 Budget Modification-Police Department Financial Impact: Reallocation of budgetary funds to cover an over expended line and for the purchase of boat canvas RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 General Fund Whole Town budget as follows: From: A.3130.2.400.300 Bay Constable/ Equip/Other Equip/Dry Suits/Dive Equip $944 A.3130.2.400.400 Bay Constable/ Equip/Other Equip/Buoys $108 A.3130.2.500.200 Bay Constable/Equip/Other Equip/Radio Equip $1,000 A.3130.4.100.500 Bay Constable/CE/Supplies & Materials/Equip Parts & Supp $500 Total $2,552 To: A.3130.4.400.650 Bay Constable/CE/Contracted Serv/Veh Maint & Repairs $2,552 Southold Town Meeting Agenda - October 23, 2018 Page 26 Total $2,552  Vote Record - Resolution RES-2018-929  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  2018-930 CATEGORY: Budget Modification DEPARTMENT: Public Works 2018 Budget Modification- DPW Financial Impact: To cover maintenaince on Annex mechanicals. New building was acquired in July 2018. New building was not in our inventory when 2018 budget was adopted. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 General Fund Public Works budget as follows: From: A.1620.4.400.700 Building Rentals $10,000.00 Total $10,000.00 To: A.1620.4.400.600 Equipment Maintenance & Repair $10,000.00 Total $10,000.00  Vote Record - Resolution RES-2018-930 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 - October 23, 2018 Page 27 Supt Hgwys Appt  No Action   Lost 2018-931 CATEGORY: Attend Seminar DEPARTMENT: Recreation Attend Meeting RESOLVED that the Town Board of the Town of Southold hereby grants permission to Recreation Supervisor Janet Douglass to attend the Recreation Directors Roundtable meeting on October 26, 2018 at Chili's in Holtsville, New York. All expenses for registration and travel to be a legal charge to the 2018 Recreation Department budget, meetings and seminars, A.7020.4.600.200.  Vote Record - Resolution RES-2018-931 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 2018-932 CATEGORY: Budget Modification DEPARTMENT: Recreation 2018 Budget Modification - Beaches Financial Impact: To cover the overage of the beach parking passes. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 General Fund, Whole Town budget as follows: Southold Town Meeting Agenda - October 23, 2018 Page 28 From: A.7180.1.300.100 Seasonal Regular Earnings $850.00 Total $850.00 To: A.7180.4.100.150 Permits/Permit Applications $850.00 Total $850.00  Vote Record - Resolution RES-2018-932 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 2018-933 CATEGORY: Bond DEPARTMENT: Town Attorney Release Performance Bond - Cutchogue Business Center RESOLVED, that the Town Board of the Town of Southold hereby approves, upon the recommendation of the Southold Town Planning Board, the release of the performance bond for Cutchogue Business Center (F&S, LLC) Standard Subdivision SCTM # 1000-83-3-4.6 the amount of $189,825.00, all in accordance with the approval of the Town Attorney.  Vote Record - Resolution RES-2018-933 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 - October 23, 2018 Page 29 2018-934 CATEGORY: Ratify Fishers Island Reso. DEPARTMENT: Fishers Island Ferry District FIFD 10/19/18 Meeting Resolution Ratifications RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolutions of the Fishers Island Ferry District Board of Commissioners dated October 19, 2018, as follows: FIFD resolution # Regarding 2018 - 191 Budget Modification 2018 - 194 Service Agreement  Vote Record - Resolution RES-2018-934 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 2018-935 CATEGORY: Property Acquisition Purchase DEPARTMENT: Land Preservation Execute Pindar Vineyards Correction Easement WHEREAS, on October 20, 2016, Pindar Vineyards LLC and the Town of Southold executed a Grant of Development Rights Easement for the sale and purchase of a development rights for part of 43295 County Road 48 (The “Property”), identified as #1000-59.-3-28.7 on the Suffolk County Tax Map; and WHEREAS, the Easement contained a scrivener’s error in Section 3.03; and Southold Town Meeting Agenda - October 23, 2018 Page 30 WHEREAS, the Town wishes to correct the error; now, therefore, be it RESOLVED, that the Town Board of the Town of Southold hereby authorizes Supervisor Scott A. Russell to sign any and all documents necessary to correct the scrivener’s error for the property, including a Correction Grant of Development Rights Easement and any required recording documents which shall be recorded at no cost to the Town, subject to the approval of the Town Attorney.  Vote Record - Resolution RES-2018-935 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  2018-936 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint Diana Whitecavage Full Time Senior Account Clerk Typist RESOLVED that the Town Board of the Town of Southold hereby appoints Diana V. Whitecavage to the position of a full-time Senior Account Clerk Typist for the Accounting & Finance Department, effective October 25, 2018, at a rate of $61,468.56 per year.  Vote Record - Resolution RES-2018-936 Yes/Aye No/Nay Abstain Absent Adopted  Adopted as Amended  James Dinizio Jr     Defeated  William P. Ruland      Tabled Jill Doherty      Withdrawn Supervisor's Appt  Robert Ghosio     Tax Receiver's Appt  Louisa P. Evans     Rescinded  Scott A. Russell     Town Clerk's Appt  Supt Hgwys Appt  Southold Town Meeting Agenda - October 23, 2018 Page 31 No Action  Lost  2018-937 CATEGORY: Budget Modification DEPARTMENT: Accounting 2018 Budget Modification- Insurance Reimbursement Financial Impact: To increase building repair budget for costs reimbursable by insurance RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 General Fund Whole Town budget as follows: Increase: A.2680.00 Insurance Recoveries $131,650 Total $131,650 Increase: A.1620.4.400.100 DPW, Building Maint/Repairs $131,650 Total $131,650  Vote Record - Resolution RES-2018-937  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  2018-938 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint Edward J Michaelis Jr. Heavy Equipment Operator Southold Town Meeting Agenda - October 23, 2018 Page 32 RESOLVED that the Town Board of the Town of Southold hereby appoints Edward J. Michaelis Jr. to the position of a Heavy Equipment Operator for the Highway Department, effective October 25, 2018, at a rate of $26.9321 per hour.  Vote Record - Resolution RES-2018-938 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 2018-939 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Belfor Long Island, LLC Contract RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the execution of a contract with Belfor Long Island, LLC, dated July 24, 2018, for the repairs to the Southold Highway Department building pursuant to GML§103(4).  Vote Record - Resolution RES-2018-939  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 - October 23, 2018 Page 33 2018-940 CATEGORY: Grants DEPARTMENT: Town Attorney AAA Transportation Program Funding RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Agreement between the Town of Southold and the Suffolk County Office for the Aging for the Town to receive funding under the AAA Transportation Program, IFMS No. 00000009302 - 001-6806-4980-95294, not to exceed $9,018.00 for the period April 1, 2018 through March 31, 2019 (with one extension at the County’s option), subject to the approval of the Town Attorney.  Vote Record - Resolution RES-2018-940  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  2018-941 CATEGORY: Public Service DEPARTMENT: Highway Department 2018 Fall Clean-Up RESOLVED by the Town Board of the Town of Southold that the Highway Department Fall CLEANUP is limited to LEAVES ONLY (which are to be placed in biodegradable brown paper bags) and will commence on Monday, November 19, 2018, at LAUREL and end in ORIENT POINT; be it further RESOLVED that, during the 2018 Fall Cleanup, neither BRUSH nor BRANCHES will be removed. Therefore, they should NOT be placed in the Town right-of-way until after the Spring cleanup is announced; be it further RESOLVED that the Fishers Island Fall Cleanup will also commence on Monday, November 19, 2018. Southold Town Meeting Agenda - October 23, 2018 Page 34  Vote Record - Resolution RES-2018-941 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 2018-942 CATEGORY: Misc. Public Hearing DEPARTMENT: Town Clerk Adopt Preliminary Budget & Set PH 11/7 4:00 Pm & 7:00 Pm - 2019 Budget Hearings RESOLVED that the Town Board of the Town of Southold does hereby prepare and approve as st the Preliminary Budget of the Town of Southold for the fiscal year beginning on the 1 day of January 2019, the itemized statement of estimated revenues and expenditures hereby attached and made part of this resolution, and be it th FURTHER RESOLVED that this Town board shall meet at 4:00 PM, Wednesday, on the 7 of November, 2018, at the Southold Town Hall for the purpose of holding a public hearing on the 2019 Preliminary Budget, and after all persons attending said hearing shall have had an opportunity to be heard in favor or against the 2019 Preliminary Budget as compiled, or for or against any item and items therein contained, that said hearing be then recessed and thereafter convened at 7:00 PM on said day for the same purpose; and be it FURTHER RESOLVED that the Preliminary Budget will be available for viewing on the Southold Town official website: www.southoldtownny.gov, and be it FURTHER RESOLVED that the Town Clerk shall give notice of such hearings in the manner provided for in Section 108 of the Town Law and that such notice be published in substantially the following form: NOTICE OF PUBLIC HEARING ON THE 2019 PRELIMINARY BUDGET AND 2019 PRELIMINARY CAPITAL BUDGET NOTICE IS HEREBY GIVEN that the Preliminary Budget and Preliminary Capital Budget of Southold Town Meeting Agenda - October 23, 2018 Page 35 the Town of Southold, Suffolk County, New York for the fiscal year beginning on January 1, 2019 has been prepared and approved by the Southold Town Board and filed in the Office of the Town Clerk at the Southold Town Hall, 53095 Main Road, Southold, New York, where they are available for inspection and where copies may be obtained by any interested person during business hours. FURTHER NOTICE IS HEREBY GIVEN, that the Town Board of the Town of Southold will meet and review said 2019 Preliminary Budget and 2019 Preliminary Capital Budget and hold a public hearing thereon at the Southold Town Hall, 53095 Main Road, Southold, New York, in said Town at 4:00 p.m. and at 7:00 p.m., on Wednesday, November 7, 2018, and at such hearing any persons may be heard in favor of or against the 2019 Preliminary Budget and 2019 Preliminary Capital Budget as compiled, or for or against any item or items therein contained. FURTHER NOTICE IS HEREBY GIVEN that pursuant to Section 108 of the Town Law, the following are proposed yearly salaries of members of the Town Board, the Town Clerk, the Superintendent of Highways, Tax Receiver, Assessors, and Trustees: SCHEDULE OF SALARIES OF ELECTED OFFICIALS (ARTICLE 8 OF TOWN LAW) Officer Supervisor $ 108,637 Members of the Town Board (4) @ 35,780 Town Justice and Member of the Town Board, FI 54,562 Town Justices (2) @ 73,190 Town Clerk 104,676 Superintendent of Highways 108,636 Tax Receiver 40,842 Assessors (3) @ 78,241 Trustees (5) @ 19,758  Vote Record - Resolution RES-2018-942 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 - October 23, 2018 Page 36 2018-943 CATEGORY: Budget Modification DEPARTMENT: Highway Department 2018 Budget Modification - Highway Financial Impact: Balance accounts RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 Highway Fund Part Town budget as follows: From: DB.5110.4.100.950 Warning Devices 1,200.00 DB.5110.1.100.100 Full Time Regular Earnings 19,000.00 DB.5140.4.400.100 Debris Disposal 7,200.00 DB.5110.4.400.300 Drainage Replacement 4,022.00 TOTAL $31,422.00 To: DB.5110.4.100.905 Asphalt Patch 3,720.00 DB.5110.4.100.200 Fuel/Lubricants 3,020.00 DB.5110.4.100.960 Drain pipe/rings/covers 2,447.00 DB.5140.4.100.100 Office Supplies 362.00 DB.5140.4.100.400 Implements (small Tools) 27.00 DB.5110.1.100.200 Full Time overtime Earnings 15,000.00 DB.5110.4.100.915 Cement 865.00 DB.5110.4.100.925 Lumber 100.00 DB.5110.4.100.350 Traffic Paint 3,587.00 DB.5140.4.400.150 Rubbish 800.00 DB.5140.4.400.600 Office Equip Maintenance 322.00 DB.5140.4.600.600 Dues & Subscriptions 95.00 DB.5140.4.100.550 Equipment Parts/Supplies 1,077.00 TOTAL $31,422.00  Vote Record - Resolution RES-2018-943 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 - October 23, 2018 Page 37 2018-944 CATEGORY: Public Service DEPARTMENT: Police Dept Police Department-Job Shadow Day RESOLVED that the Town Board of the Town of Southold hereby grants permission to the following students from the Shelter Island UFSD to participate in a day of job shadowing at the Southold Town Police Department on Friday, October 26, 2018: Jonas Kinsey Lucas Quiqley-Dunning Lyng Coyne Keith Taplin  Vote Record - Resolution RES-2018-944 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 2018-945 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint Robert Kettenbeil Heavy Equipment Operator RESOLVED that the Town Board of the Town of Southold hereby appoints Robert Kettenbeil to the position of a Heavy Equipment Operator for the Highway Department, effective October 25, 2018, at a rate of $28.5829 per hour.  Vote Record - Resolution RES-2018-945  Adopted Yes/Aye No/Nay Abstain Absent  Adopted as Amended Southold Town Meeting Agenda - October 23, 2018 Page 38 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  2018-946 CATEGORY: Planning DEPARTMENT: Town Attorney Vineyard View Parks & Playgorund The Town Board of the Town of Southold hereby waives the park and playground fee for the site plan application known as Vineyard View for 25 units that will be affordability in perpetuity and defers the parks and playground fee for the remaining 25 units, which are required to remain affordable for 50 years, until if and when the units are leased at market rate.  Vote Record - Resolution RES-2018-946  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  2018-947 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney PH 11/20 4:31 Pm - Chapter 34 Southold Town Meeting Agenda - October 23, 2018 Page 39 WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk rd County, New York, on the 23 day of October, 2018, a Local Law entitled “A Local Law in relation to an Amendment to Chapter 34, Housing Fund” so now therefor be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the th aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 20 day of November, 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 an Amendment to Chapter 34, Housing Fund” reads as follows: LOCAL LAW NO. 2018 A Local Law entitled, “A Local Law in relation to an Amendment to Chapter 34, Housing Fund”. BE IT ENACTED by the Town Board of the Town of Southold as follows: § 34-1 Purpose. The Town of Southold Housing Fund will provide the Town with a mechanism to obtain funding and create programs that will increase housing opportunities for families and individuals who are residents of the Town of Southold and/or employed in the Town of Southold who cannot procure affordable housing within the Town. § 34-2 Findings. A. The lack of affordable housing creates many adverse effects for the Town. Regional employers grapple with the task of hiring and retaining employees due to the limited availability of affordable housing. Recruiting and retaining essential personnel (police officers, fire fighters, teachers, nurses, etc.) has become increasingly a challenge due to the lack of affordable housing. Volunteer emergency services are also impacted by the lack of affordable housing, prompting the possible necessity of replacing volunteer services with paid employees. While the Town has benefited from increased tourism and second homeownership, it must also sustain a population who can afford to live and work in Town. B. To address this housing shortage, the Town of Southold must create a myriad of housing initiatives that reinvest in the lives of residents who live and/or work in the Town. The talented and vibrant energy that was and is invested in community land preservation must be replicated to create affordable housing for a sizable number of residents who lack the financial means to rent and/or purchase housing within the Town. C. The priority population for community housing will be as follows: (1) Income eligible individuals/families who live and work in the Town of Southold who provide volunteer emergency/life saving services for residents of the Town. (2) Income eligible individuals/families who live and work in the Town of Southold. (3) Income eligible individuals/families who live in the Town of Southold. (4) Income eligible individuals/families who work in the Town of Southold. (5) Income eligible individuals/families who previously lived in the Town and wish to return. Southold Town Meeting Agenda - October 23, 2018 Page 40 C. D. Efforts in the past to create affordable housing have failed in their ability to keep the housing stock affordable upon resale. Therefore, to promote perpetual affordability within the Town, all recipients of said housing will be legally bound to sell their properties to the Town's Housing Fund. Resale price formulas for homes purchased from the Fund will be as follows: Homes sold after purchase will realize profits that are the equivalent percentage of the Consumer Price Index (CPI) as compiled by the United States Department of Labor. The percentage will be calculated from the date of sale from the Fund to the date of resale to the Fund. In addition, the Fund will compensate the seller for major capital improvements that are improved in advance by the Housing Advisory Commission. Depreciation may be applied to capital improvements. § 34-3 Definitions. As used in this chapter, the following words and terms shall have the following meanings: FUND The Town of Southold Housing Fund authorized pursuant to this chapter. HOUSING Housing for households whose incomes are not sufficient, pursuant to banking industry standards, to induce private lenders to finance the costs of acquisition of a home with a value at or less than median value as determined by the Town's assessment rolls, without benefit of subsidies or special financing programs from the Town in the case of owner- occupied housing, or in the case of rental housing, as housing for households whose income is insufficient to pay the monthly costs for such housing and maintain such costs within the required percentages of the household's income based upon banking industry standards. INCOME ELIGIBLE INDIVIDUALS/FAMILIES Those individuals/families whose incomes are below the designated percentage of the HUD median income for the County of Suffolk, as determined by the Southold Town Board. In addition, individuals/families seeking grant assistance and loans from other public funding sources may be limited to household incomes less than the HUB median income for the County of Suffolk. TOWN The Town of Southold. § 34-5 Purposes of Fund. A. The proceeds of the Fund established pursuant to § 34-4 shall be utilized in accordance with law for the following purposes: (1) The provision of no-interest or low-interest loans to income eligible individuals or families residents who work and/or live in the Town for the purchase of a first home; (2) The actual production of community housing for sale and resale to income-eligible individuals or families residents who work and/or live in the Town; (3) The actual production of community housing for sale to income-eligible individuals or families residents who work and/or live in the Town in conjunction with other public/private partnerships such as the North Fork Housing Alliance and the Community Land Trust of Southold who agree with the stated priority population and income eligibility guidelines; (4) The actual production and maintenance of rental housing for rent to income-eligible Southold Town Meeting Agenda - October 23, 2018 Page 41 individuals or families residents who work and/or live in the Town or in conjunction with public/private partnerships who agree with the stated profit guidelines; (5) The provision of no-interest or low-interest loans to developers for the production of community housing for sale to income eligible residents for the purchase of a first home or for rent to income eligible residents. (65) The rehabilitation of existing buildings and structures in the Town for the purpose of conversion to community housing for sale or rental to income-eligible residents who work and/or live in the Town; (76) The provision of housing counseling services by not-for-profit corporations that are authorized by the U.S. Department of Housing and Urban Development to provide said services; (87) The Fund will ensure the perpetual affordability of housing through determining resale prices of any home purchased through the Fund. This will be accomplished through the following: The Town of Southold reserves the right to require that all housing units purchased through the Fund remain affordable in perpetuity. All properties purchased through the Fund must be sold back to the Fund for resale to income-eligible individuals/families who meet the qualifications of defined priority populations. After purchase, homes may be resold to the Fund to potentially realize a profit. Sale prices will be calculated at the original purchase price (base price) and shall be adjusted by a percentage which is the same as the percentage by which the Consumer Price Index (CPI) increased between the date that the buyer took title to the property and the date that a letter of intent is submitted to the Fund to resell the property. Costs for capital improvements approved by the Fund's regulations may also be compensated. Capital improvements are additions that provide value to the property above and beyond repairs to maintain the property in good condition. The Housing Advisory Commission must approve in advance all capital improvements. The Commission must be given information regarding the scope of work and estimate of capital costs. If capital improvements are approved, the Commission will determine if the capital improvement may be recouped in the event of resale. (98) The Housing Fund will strive to build housing and sell housing that reflects the diverse needs of those seeking affordable housing that includes household income, bedroom size, etc. B. For the purposes of this chapter, eligible expenses relating to the production of community housing and the rehabilitation of existing housing stock and structures under the Fund shall include, but not be limited to, land acquisition, planning, engineering, construction costs and other hard and soft costs associated with construction, rehabilitation, purchase or rental of housing pursuant to this section, provided that these costs do not exceed 15% of the projected project costs. Litigation expenses may not be covered by this Fund. All revenues received by the Town from the sale or rental of community homes or the repayment of loans shall be deposited in this Fund. 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. Southold Town Meeting Agenda - October 23, 2018 Page 42 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-2018-947 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 2018-948 CATEGORY: Planning DEPARTMENT: Town Attorney Vineyard View Agreement RESOLVED, the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a Payment in Lieu of Taxes Agreement with Vineyard View Housing Development Fund Company, Inc. and Vineyard View, LLC, subject to the approval of the Town Attorney.  Vote Record - Resolution RES-2018-948 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 - October 23, 2018 Page 43 2018-949 CATEGORY: Misc. Public Hearing DEPARTMENT: Town Attorney PH 11/20 4:31 Pm Vineyard View RESOLVED that the Town Board of the Town of Southold hereby sets November 20, 2018 at 4:31 pm, as the time and place for a public hearing on the application of Conifer Realty and Community Development Corporation of Long Island for a 30-year, deferred, zero interest loan in the amount of $250,000.00 from the Town of Southold Housing Fund for the construction of affordable housing in connection with the site plan application known as “Vineyard View” pursuant to section 34-6(E) of the Town Code.  Vote Record - Resolution RES-2018-949  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  2018-950 CATEGORY: Budget Modification DEPARTMENT: Accounting 2018 Budget Modification- Engineering Financial Impact: Move funds to cover Love Lane survey 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 $24,500 Total $24,500 To: Southold Town Meeting Agenda - October 23, 2018 Page 44 A.1440.4.500.100 Engineer, Engineering Surveys $24,500 Total $24,500  Vote Record - Resolution RES-2018-950 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 2018-951 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL - Rental Permit 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” and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons 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 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 Southold Town Meeting Agenda - October 23, 2018 Page 45 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. § 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 Southold Town Meeting Agenda - October 23, 2018 Page 46 independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. IMMEDIATE FAMILY - The immediate family of the owner of a housing unit consists of the owner's spouse, domestic partner, children, parents, grandparents or grandchildren, siblings, uncles, aunts, nieces, nephews, cousins and in-laws. OWNER - Any person, partnership, corporation or other entity who, alone or jointly with others, shall have legal title to any premises, with or without accompanying actual possession thereof; or who shall have charge, care or control of any dwelling unit as a cooperative shareholder or as executor, administrator, trustee, receiver or guardian of the estate or as a mortgagee in possession, title or control; including but not limited to a bank or lending institution, regardless of how such possession, title or control was obtained. RENT - A return, in money, property or other valuable consideration (including payment in kind or for services or other thing of value), for use and occupancy or the right to use and occupancy of a dwelling unit, whether or not a legal relationship of landlord and tenant exists between the owner and the occupant or occupants thereof. RENTAL DWELLING UNIT - A dwelling unit established, occupied, used or maintained for rental occupancy RENTAL OCCUPANCY - The occupancy or use of a dwelling unit by one or more persons as a home or residence 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. §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 Southold Town Meeting Agenda - October 23, 2018 Page 47 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. 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. Southold Town Meeting Agenda - October 23, 2018 Page 48 (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 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. Southold Town Meeting Agenda - October 23, 2018 Page 49 §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 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. Southold Town Meeting Agenda - October 23, 2018 Page 50 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 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-2018-951 Adopted   Adopted as Amended Yes/Aye No/Nay Abstain Absent  Defeated James Dinizio Jr      Tabled Withdrawn  William P. Ruland     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans      Supt Hgwys Appt Scott A. Russell      No Action  Lost VI. PUBLIC HEARINGS PH 10/23 7:31 pm Citizens Views on Local Housing and Community Development Needs Ph 10/23 7:31 pm Local Law - Rental Permits