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HomeMy WebLinkAboutTB-11/07/2018 ELIZABETH A. NEVILLETown Hall, 53095 Main Road TOWN CLERK ��o�OSUFFO(�coGy PO Box 1179 Southold,NY 11971 REGISTRAR OF VITAL STATISTICS o Fax(631)765-6145 MARRIAGE OFFICER y�01 �a�� Telephone: (631)765 - 1800 RECORDS MANAGEMENT OFFICER southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING November 7, 2018 7:00 PM A Regular Meeting of the Southold Town Board was held Wednesday,November 7, 2018 at the Meeting Hall, Southold,NY. Call to Order 7:00 PM Meeting called to order on November 7, 2018 at Meeting Hall, 53095 Route 25, Southold,NY. Attendee Name ; Organization _ Title Status Arrived James Dinizio Jr Town of Southold Councilman Present William P. Ruland Town of SoutholdCouncilman Present Jill Doherty ; Town of Southold Councilwoman Present Robert Ghosio Town of Southold ` Councilman Present Louisa P. Evans Town of Southold ; Justice Present Scott A. Russell Town of Southold Supervisor ; Present I. Reports 1. Town Clerk Monthly Report 2. Recreation Monthly Report 3. Zoning Board Of Appeals Monthly Report 4. Department of Public Works Monthly Report II. Public Notices III. Communications IV. Discussion 1. 9:00 AM - PO Frank Mele with Southold Town K-9 HUDZIN Southold Town Board Regular and Budget Hearing Meeting November 7, 2018 page 2 2. 9:30 AM - Capital Project Liaisons Councilwoman Doherty, Councilman Dinizio, Michael Collins, Jamie Richter 3. 9:45 AM-Denis Noncarrow,Jim McMahon, Jeff Standish,Janet Douglass,Karen McLaughlin 4. 10:00 AM -Denis Noncarrow,Karen McLaughlin 5. 10:15 AM -Agricultural Advisory Committee Chair Chris Baiz 6. Revisions to the Boat Trailer Permit Discussion 7. EXECUTIVE SESSION- Proposed Property Acquisition(s), Sale or Lease of Real Property Where Publicity Would Affect the Value Thereof 8. EXECUTIVE SESSION -Labor-Matters Involving the Employment of a Particular Person(s) 9. EXECUTIVE SESSION - Labor-Matters Involving the Employment of a Particular Corporation 10. EXECUTIVE SESSION -Litigation Special Presentation 9:00 AM Southold Town Police Opening Statements Supervisor Russell SUPERVISOR RUSSELL: At this point, if anybody would like to comment on any of the agenda items of the regular meeting,please feel free? Robert Dunn ROBERT DUNN: Robert Dunn, Peconic. Regarding the rental law, at today's work session you guys were talking about, it's not really open to public comment so I want to make comments now. At one point, you guys were discussing back and forth about what would happen if somebody's place that they were already renting and for some reason because of a code deficiency, they found it was uninspected, that it technically couldn't be rented unless it was either updated or the tenant left and there was the potential that that could lead to homelessness. Well, the one thing I didn't hear in that,was yes, that's true, if the unit was found to be deficient either by code or construction deficiencies, it could be de facto found uninhabitable but the alternative to that is the person is living in a dangerous place. So would I rather be homeless or dead? COUNCILMAN RULAND: Yes,that's true. J Southold Town Board Regular and Budget Hearing Meeting November 7, 2018 page 3 MR. DUNN: I don't think that's a question that needs to be answered. COUNCILMAN RULAND: But it's part of an ongoing discussion because there are... MR. DUNN: It's something that should be discussed. COUNCILMAN RULAND: There are more questions all the time. MR. DUNN: Right. What if? COUNCILMAN RULAND: Yes, what if's. MR. DUNN: But the bottom line is, you could pretty much ask anybody given the choice, do you want to be homeless or fried chicken? COUNCILMAN DINIZIO: Well, I think I based my discussion on wasn't necessarily what you ;just described, it had more to do with how rental places, places that are currently being rented out and the testimony that we heard from the realtors that they would have to, they would go into a contract with someone to get them into a'house or however they did that and our law would go into effect, we would vote on it would be in effect but it wouldn't be enforced for a certain period of time. And during that time is the grace period. And that six months or whatever that is, is to a person who is trying to do business in town, there's no certainty that that person is going to get a CO, you know they could fail in many ways...... MR. DUNN: If you don't have a CO and you don't need to (inaudible), you shouldn't be renting it. COUNCILMAN DINIZIO: I couldn't agree with you more but what I am saying is, this law lures those people in, it says okay, go ahead and rent it but if you don't make a CO, if you can't get the CO that we are requiring, then what do you do with those people that have a contract to go,to live in that place? Okay? MR. DUNN: Inaudible. COUNCILMAN DINIZIO: I think you are being a little dramatic here, Bob because it's not a question of safety, those people are already living in those homes so that situation exists and I couldn't agree with you more, we should enforce the laws that we have. That's why we have the universal code, I couldn't agree with you more. What I am saying is, how do you do business with that, how do you say to a person, okay here's the code, a guy gets a permit, they go in there and they find out that there's certain things that need to be done. In the meantime, people are still living'in there, they have a contract to live in there and for whatever reason, maybe it's they can't possibly meet the code, the owner of that home cannot afford to bring it up to code.... MR. DUNN: Understood. Southold Town Board Regular and Budget Hearing Meeting November 7, 2018 page 4 COUNCILMAN DINIZIO: Then what do we do with that contract and that's what I heard from the real estate people,that that was a big sticking point. MR. DUNN: And those are valid questions but they are questions that they are legal questions, they may be moral questions, they are not questions involving what do you do with an 8 year old kid that is sleeping in a bedroom that has a door that is blocked and they can't get out... COUNCILMAN DINIZIO: I am just asking that that-be solved before we make it a law, I am just asking that that be solved before we make it a law. MR. DUNN: What, that condition or the question? COUNCILMAN DINIZIO: The question. Be answered. Why have a law.... MR. DUNN: Oh, I am not debating, Jim, I am not saying that you are wrong, I am just saying the bottom line in that question is homeless or injured, I don't know if there's a, some people would say they would just rather take the risk and not be homeless and I can understand that too. COUNCILMAN DINIZIO: Well, my first point was that basically if they have a CO and it's occupyable by town standards,then why are we going into inspect it? MR. DUNN: If they have a CO? COUNCILMAN DINIZIO: Right. That was the whole premise of my discussion. SUPERVISOR RUSSELL: Just so you know where I was coming from and I raised the issue is that there were many instances, first the, yes, there are the safety concerns to make sure people are living in a place that is safe and appropriate for occupancy but there's many instances where people can't comply with the code for a variety of reasons. In other words, the unit can be perfectly safe, perfectly compliant with everything in the international building code,but there might be issues where it can't comply with town code. It can't comply with other things that don't have to do with protecting people. MR. DUNN: That's not the issue that... SUPERVISOR RUSSELL: But... MR. DUNN: That is an issue for you,to address. SUPERVISOR RUSSELL: But that's the problem, it's a global code and I am struggling with that because what the point you raised is exactly right, if I vote against it and someone dies because of unsafe conditions, that's on me emotionally. If I vote for it and people get put out of perfectly safe units, that's on me emotionally. So that's why it's such a difficult challenge, I think all six board members, I don't want to speak for the rest but I think we all have been struggling with that on what to.do but some of the recent incidents in town such as the fire,in an Southold Town Board Regular and Budget Hearing Meeting November 7, 2018 page 5 over occupied home, other instances compelled us to realize we had to address it somehow. Whether this code gets adopted or not, whether it's the right approach, those are the questions we are going to have to answer but I think it's a very real concern to worry about what is plan B for people who do get put out and it's not necessarily for just unsafe conditions, it's for all sorts of reasons. And do we loosen the code? I mentioned today, are we ready to take other steps to create apartments that can comply with the code? Do we loosen the code to make some of these more compliant? You know, I even talked about the amnesty component which I am not saying I support yet but we have to have a discussion to say, look, this might cause'some displacement. Let's do what we can to promote placement. MR. DUNN: Perfect example, somebody who built a garage on the side of their house and they don't have the proper setback, so now the house is non-compliant. It's not unsafe... SUPERVISOR RUSSELL: Right. MR. DUNN: But it's not in compliance. Are you going to force someone onto the streets because there's a garage that someone, that to me would be ridiculous. SUPERVISOR RUSSELL: Yes, well, a lot of that would require a code change. So that's what I am saying if we do this. MR. DUNN: Or a variance. COUNCILMAN DINIZIO: There's the crux of the matter is, if the person is living in that place already, we told them, go ahead, we give them amnesty for a certain amount of time and now they are living there, okay, and they have contract for living there and suddenly that owner says well, I don't want to go through the variance process, where do we go from there? You know what I mean? MR. DUNN: Understood. (Inaudible) But again, like I am saying, with the instance of someone that put an illegal garage that created an encroachment or something like that, it's not an endangerment but the mention was out there'about aluminum wire. I mean, that could be really hairy. Supervisor Russell SUPERVISOR RUSSELL: It's why I talked about a plan B and that would be to promote and loosen the rules. In the case that you just mentioned, it's possible that a variance can be granted from the setback but if the apartment exceeds a certain size cap which is in the current code, which caps how much size, that means you have got to revisit the code to loosen the�code to make sure you don't have those unintended consequences. It's, there needs to be a package, there needs to be a plan B which is what I mentioned if we do this, let's sit down and look at these codes'and say okay, how can we encourage that these apartments are compliant with the code, not just from a safety perspective but from a zoning perspective, the converted garage, separate garage in the back, those types of things. Thanks Robert. Would anybody else like to address the Board on any of the agenda items? (No response) Southold Town Board Regular and Budget-Hearing Meeting November 7, 2018 page 6 V. Resolutions 2018-952 CATEGORY. Audit DEPARTMENT.• Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated November 7, 2018. ✓Vote Record-Resolution RES-2018-952 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-953 CATEGORY.• Set Meeting DEPARTMENT.• Town Clerk Next Town Board Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday,November 20, 2018 at Southold Town Hall, 53095 Main Road, Southold,New York at 4:30 P. M.. ✓Vote Record-Resolution RES-2018-953 0 Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated ❑ Tabled James Dmizio Jr Voter D ❑ ❑ ❑❑ Withdrawn - William P Ruland Voter RI ❑ ❑ 11 Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt ❑ Tax Receiver's Appt Robert Ghosio Seconder 0 ❑ ❑ ❑ _ ❑ Rescinded Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A Russell Voter D ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action Southold Town Board Regular and Budget Hearing Meeting November 7, 2018 page 7 ❑ Lost 2018-954 CATEGORY. Contracts,Lease &Agreements DEPARTiVENT.• Town Attorney Memorandum ofAgreefnent CSEA RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the Stipulation of Agreement between the Town of Southold and the CSEA dated October 22, 2018 establishing the terms of a successor Collective Bargaining Agreement for the period January 1, 2017 to December 31, 2019. ✓Vote Record-Resolution RES-2018-954 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Tr Mover D 11 ❑ ❑ Supervisor's Appt William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hg,.vys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-955 CATEGORY. Employment-Town DEPARTMENT. Accounting Appoint Scott Gonzalez Automotive Equipment Operator RESOLVED that the Town Board of the Town of Southold hereby appoints Scott Gonzalez to the position of an Automotive Equipment Operator for the Highway Department, effective November 8, 2018, at a rate of$25.0323 per hour. ✓Vote Record-Resolution RES-2018-955 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Defeated William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Tabled Jill Doherty Mover 0 ❑ ❑ ❑ 0 Withdrawn Robert Ghosio Voter D 0 0 0 Southold Town Board Regular and Budget Hearing Meeting November 7, 2018 page 8 ❑ Supervisor's Appt Louisa P Evans Voter El ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A Russell Voter D ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2018-956 CATEGORY.• Employment-Town DEPARTMENT: Accounting Appoint Ryan Baglivi Automotive Equipment Operator RESOLVED that the Town Board of the Town of Southold hereby appoints Ryan Baglivi to the position of an Automotive Equipment Operator for the Highway Department, effective November 8, 2018, at a rate of$25.0323 per hour. ✓Vote Record-Resolution RES-2018-956 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dimzio Jr Voter D ❑� ❑ ❑ ❑ Supervisor's Appt William P Ruland Mover CSI ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter RI ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder RI ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-957 CATEGORY.• Attend Seminar DEPARTMENT: Trustees Attend Suffolk County Aquaculture Lease Program Advisory Group Meeting RESOLVED that the Town Board of the Town of Southold hereby grants permission for Trustee A.Nicholas Krupski to attend the Suffolk County Shellfish Aquaculture Lease Program in Peconic Bay and Gardiners Bay Ten Year Review Advisory Group Meeting on Wednesday, November 14, 2018 at the Cornell Cooperative Extension Education Center in Riverhead,New Southold Town Board Regular and Budget Hearing Meeting November 7, 2018 page 9 York. All expenses for registration, travel to be a legal charge to the 2018 Board of Trustees budget. ✓Vote Record-Resolution RES-2018-957 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ d Table ❑ Tabled Withdrawn James Dmizio Jr Voter 0 ❑ 1i ❑ William P Roland Voter D ❑ ❑ ❑ ❑ Supervisor's Appt ❑ Tax Receiver's Appt Jill Dohertv Voter El 11 ❑ ❑ Rescinded Robert Gliosio Seconder 2 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover M ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter D ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-958 CATEGORY.• Grants DEPARTMENT. Fishers Island Ferry District FIFD-Elizabeth Field Airport RESOLVED the Town Board of the Town of Southold authorizes the acceptance of a grant offer from the New York State Department of Transportation (NYSDOT) for work at the Elizabeth Field Airport described as, Prepare On & Off Airport Obstruction Study, PIN 0913.21; Rehabilitate Electrical Vault, etc, PIN 0913.22 and Rehabilitate existing Airport Entrance Access Road, PIN 0913.23 WHEREAS, the NYSDOT has offered a matching grant to the federal grants 3-36-0029- 021-2018; 3-36-0029-022-2018 ; 3-36-0029-023-2018 ; for the PINS above noted; and WHEREAS, the Board of Commissioners of the Fishers Island Ferry District of the Town of Southold desires to advance these Projects by committing funds for the local match, the funding shares being: PIN 0913.21 - Federal (FAA): $155,700; State $8,650; Local $8,650; and Total $173,000; PIN 0913.22 - Federal (FAA): $26,505; State $1,473; Local $1,472; and Total $29,450; PIN 0913.23 - Federal (FAA): $35,577; State $1,977; Local $1,976; and Total $39,530; WHEREAS, if the Board of Commissioners of the Fishers Island Ferry District of the Town of Southold and/or the FAA notifies the NYSDOT that the Town of Southold has requested and received an increase in Federal funding for the Project based on increased eligible costs;the State share noted above shall be increased proportionately up to a maximum increase of 15%. Southold Town Board Regular and Budget Hearing Meeting November 7, 2018 page 10 RESOLVED,that the Board of Commissioners of the Fishers Island Ferry District and the Town Board of the Town of Southold hereby approves the above subject Project; and it is hereby further; RESOLVED, that a Certified copy of this Resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project; ✓Vote Record-Resolution RES-2018-958 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn lames Dmizio Jr Voter , 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt .till Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-959 CATEGORY.• Bond DEPARTMENT: Planning Board AMENDED-Release Performance Bond- Cutchogue Business Center RESOLVED that the Town Board of the Town of Southold hereby amends resolution#2018-933 adopted at the October 23, 2018 regular Town Board meeting, to read as follows: RESOLVED,that the Town Board of the Town of Southold hereby approves, upon the recommendation of the Southold Town Planning Board, the release of the performance bond for Cutchogue Business Center(F&S, LLC) Standard Subdivision SCTM# 1000-83-3-4.6 the amount of$ Q° �, $96,512.50 all in accordance with the approval of the Town Attorney. ✓Vote Record-Resolution RES-2018-959 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended James Dmizio Ir Mover D j ❑ ❑ ❑ 1 ❑ Defeated William P.Roland Voter D ❑ ❑ ❑ ❑ Tabled Jill Doherty Voter D ❑ ❑ ❑ ❑ Withdrawn Robert Ghosio Voter D ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A Russell Voter 0 ❑ ❑ ❑ 0 Rescinded Southold Town Board Regular and Budget Hearing Meeting November 7, 2018 page 11 ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2018-990 CATEGORY.• Enact Local Law DEPART'1'IENT. Town Clerk Enact LL-Rental Permit WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 25th 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 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 Southold Town Board Regular and Budget Hearing Meeting November 7, 2018 page 12 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 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 Southold Town Board Regular and Budget Hearing Meeting November 7, 2018 page 13 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, 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 subiect 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- ) Southold Town Board Regular and Budget Hearing Meeting November 7, 2018 page 14 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. (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) Southold Town Board Regular and Budget Hearing Meeting November 7, 2018 page 15 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(5c) 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. Southold Town Board Regular and Budget Hearing Meeting November 7, 2018 page 16 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. 4207-10 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. 4207-11 Enforcement. This chapter shall be enforced by the Code Enforcement Officer as defined by this chapter. 4207-12 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 410(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 4 268 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 Southold Town Board Regular and Budget Hearing Meeting November 7, 2018 page 17 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-2018-990 ❑ Adopted ❑ Adopted as Amended ❑ Defeated 0 Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn James Dinizio Jr Voter i 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost Next:11/20/18 4:30 PM Comments regarding resolution 990 COUNCILWOMAN DOHERTY: This is the proposed rental permit law, due to the, finally we had some good discussion going on at work session today, I would move to table this for further discussion. 2018-961 CATEGORY. Grants DEPARTMENT. Government Liaison 20198 CDBG Program RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to sign the Project Description Forms for the 2019 Community Development Block Grant Program as follows: Southold Town Board Regular and Budget Hearing Meeting November 7, 2018 page 18 Community Action of Southold Town $ 7,500 Maureen's Haven $ 7,500 Improvements to Recreation and Community Centers $420,000 - Carol Avenue Playground Upgrades - 6 1h Street Sidewalk repairs ✓Vote Record-Resolution RES-2018-961 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled El Withdrawn James Dmizio Jr Voter D ❑ 11 ❑ ❑ Supervisor's Appt William P Ruland Mover z ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 21 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 11 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-962 CATEGORY.• Budget Modification DEPARTiVENT.• Accounting 2018 Budget Modification- Town Board Financial Impact: Move funds to cover flare disposal invoice 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 $300 Total $300 To: A.1010.4.600.400 Misc Disposal Fees $300 Total $300 ✓Vote Record-Resolution RES-2018-962 Rl Adopted - ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated James Dmizio Ir Voter 2 0 0 ❑ Southold Town Board Regular and Budget Hearing Meeting November 7, 2018 page 19 ❑ Tabled William P Roland Voter 0 ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Rescinded Scott A Russell Voter D ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2018-963 CATEGORY: Budget Modification DEPARTMENT: Accounting 2018 Budget Modification-Highway Financial Impact:Adjust lines to actual CHIPS allotment RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 Highway Fund Part Town budget as follows: Increase• DB.3501.00. CHIPS Capital Payments $39 Total $39 Increase• DB.5112.2.400.905 CHIPS Resurfacing/Reconst $39 Total $39 ✓Vote Record-Resolution RES-2018-963 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter D ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Secondee 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action 0 Lost Southold Town Board Regular and Budget Hearing Meeting November 7, 2018 page 20 2018-964 CATEGORY• Contracts, Lease &Agreements DEPARTMENT.• Recreation Hire Winter 2019 Recreation Program Instructors Resolved that the Town Board of the Town of Southold authorize and direct Supervisor Scott A. Russell to execute an agreement with the following individuals and businesses for the Winter 2019 recreation programs, all in accordance with the approval of the town attorney. Funding for the instructors listed below has been budgeted for in the recreation department's 2019 instructor line A.7020.4.500.420. NF School For Dogs (Dog Obedience/Puppy STAR/Pre-Therapy) $90/person Thomas Boucher(Guitar Lessons) $30/hour Heather Cusack(Herbs for Health) $30/hour Martha Eagle (Aerobics & Pilates 2 Day) $40/class Martha Eagle (Friday Only Pilates) $30/class Andrea Esposito (Walk 15 A/B) $30/hour Lisa Baglivi (Drawing & Painting) $30/hour Bill Gatz (Youth Basketball) $30/hour Rebecca Jens (Volleyball) $25/hour Lois Levy (Art Journaling) $30/hour Rosemary Martilotta (Hatha& Chair Yoga) $44/class Jeannine McKenna(Special Rec* Breakfast-Sing-a-long) $30/hour Linda Nemeth (Watercolor) $30/hour Craig Osmer(Youth Basketball) $30/hour Theresa Pressler (Arts & Crafts) $30/hour Dr. Jeffrey Poplarski $65/class R&C Agency Management (CPR Course) $55/person R&C Agency Management (Defensive Driving) $30/person Grace Rowan (Senior Fitness Classes) $30/hour Darlene Siracusano (Special Rec* Programs) $30/hour Laurie Short (Fitness Classes) $30/hour Steve Smith(Weight Training) $90/person Samuel Strickland Jr. (Youth Basketball) $30/hour Alfonso Triggiani (Ballroom Dancing) $70/person Ryan Wesnofske (Youth Basketball) $30/hour Kerri Zablotny (Little Scholars) $30/hour Huck Hirsch (Mah Jongg) $30/hour Kyleen Vernon (Storytime Yoga) $30/hour Bernie Kettenbeil (Smart Driver) Free ✓Vote Record-Resolution RES-2018-964 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended James Dmizio.Ir Mover 0 ❑ ❑ ❑ ❑ Defeated William P.Roland Voter 0 ❑ ❑ ❑ 0 Tabled .till Doherty seconder 0 0 ❑ 0 Southold Town Board Regular and Budget Hearing Meeting November 7, 2018 page 21 ❑ Withdrawn Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P.Evans Voter 21 ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A Russell Voter ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2018-965 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 Officer Peter Jacobs to attend the Colt M4 Armorer's course from November 19-21, 2018 in Hempstead, NY. All expenses for registration and other related expenses to be a legal charge to the 2018 budget lines A.3120.4.600.225 and A.3120.4.600.200. ✓Vote Record-Resolution RES-2018-965 RI Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter d ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover Rl ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter IZI ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-966 CATEGORY. Contracts, Lease &Agreements DEPARTMENT. Town Clerk Agreement with Westlaw for Town Clerk's Office RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Westlaw Order Forms between the Town of Southold Town Board Regular and Budget Hearing Meeting November 7, 2018 page 22 Southold and Nest Group regarding a twelve (12) month agreement in connection with the Government West Proflex Plan Law Book Updates for the Town Clerk's Office at a cost of$170.00 per month for the term January 1, 2019 through December 31, 2019, all in accordance with the approval of the Town Attorney. ✓Vote Record-Resolution RES-2018-966 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled James Dmizio Jr Voter Q ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt William P Ruland Mover Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter Q ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-967 CATEGORY. Employment-FIFD DEPARTMENT• Accounting Rescind Resolution 2018-171 RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted September 25, 2018 that rescinds Resolution 2018-171. ✓Vote Record-Resolution RES-2018-967 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled El Withdrawn James Dmizio Jr Voter Q El 11 ❑ Supervisor's Appt William P Ruland Voter j Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter Q ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost Southold Town Board Regular and Budget Hearing Meeting November 7, 2018 page 23 2018-968 CATEGORY.• Employment-FIFD DEPARTME-NT. Accounting Appoint Steven C077a7y PT Cashier (FIFD) RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves Resolution Number 2018-205 of the Fishers Island Ferry District adopted October 29, 2018 that appoints Steven Conary to the position of part-time Cashier(FIFD) effective September 13, 2018 at a rate of$12.86 per hour and continue to hold current title of part time Deckhand (FIFD) at a rate of$12.86 per hour. ✓Vote Record-Resolution RES-2018-968 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled E] Withdrawn lames Dmizio Jr Voter 0 El El ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-969 CATE,GORY• Budget Modification DEPARTMENT. Police Dept 2018 Budget Modification-Police Department Financial 1777pact: Reallocation of budgetary funds as needed for purchase of additional vehicle equipment & Weapons RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 General Fund Whole Town budget as follows: From: A.3120.2.500.800 Police/Other Equip/Light Bars $4,830 Total $4,830 To: A.3120.2.500.875 Police/Other Equip/Other Veh Equip $2,780 A.3120.2.500.600 Police/Weapons $2,050 Southold Town Board Regular and Budget Hearing Meeting November 7, 2018 page 24 Total $4,830 ✓Vote Record-Resolution RES-2018-969 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled El Withdrawn Tames Dinizio Jr Mover 0 El El ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-970 CATEGORY. Employment-Town DEPARTMENT.• Accounting Appoint Donald Sayre Highway Labor Crew Leader RESOLVED that the Town Board of the Town of Southold hereby appoints Donald Sayre to the position of a Highway Labor Crew Leader for the Highway Department, effective November 8, 2018, at a rate of$34.0456 per hour. ✓Vote Record-Resolution RES-2018-970 0 Adopted ❑ Adopted as Amended ❑ Defeated ' Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-971 CATEGORY. Ratify Fishers Island Reso. DEPARTMENT: Fishers Island Ferry District Southold Town Board Regular and Budget Hearing Meeting November 7, 2018 page 25 FIFD 10/29/18 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 29, 2018, as follows: FIFD resolution# Regarding 2018 - 195 Budget Modification 2018 - 197 Service Agreement 2018 - 198 Service Award 2018 - 199 Settlement 2018 - 200 Settlement 2018 - 201 2019 Budget 2018 - 202 Airport Contract 2018 - 206 PVA Conference ✓Vote Record-Resolution RES-2018-971 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled __ _ ❑ Withdrawn James Dmizio Jr Voter D El El ❑ Supervisor's Appt William P Roland Mover 10 ❑ ❑ ❑ ❑ Tar Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 121 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder D ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-972 CATEGORY: Budget Modification DEPAREVEA'fi Accounting 2018 Budget Modification- Central Garage Financial Impact: Transfer fiords to cover vehicle repair costs RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 General Fund Whole Town budget as follows: From: A.1990.4.100.100 Unallocated Contingencies $2,000 Total $2,000 Southold Town Board Regular and Budget Hearing Meeting November 7, 2018 page 26 To: A.1640.4.400.650 Central Garage, Vehicle Repairs $2,000 Total $2,000 ✓Vote Record-Resolution RES-2018-972 0 Adopted ❑ Adopted as Amended ❑ Defeated - — Yes/Aye No/Nay Abstain Absent ❑ Tabled James Dmizio Jr Voter IZI ❑ ❑ El❑ Withdrawn ❑ Supervisor's Appt William P Ruland Voter Q El ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover RI ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-973 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 November 20, 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-2018-973 IZ Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent _ ❑ Withdrawn James Dmizio Jr Voter EI ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter Q ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action 0 Lost Southold Town Board Regular and Budget Hearing Meeting November 7, 2018 page 27 2018-974 CATEGORY. Contracts,Lease &Agreements DEPA T11YU. Town Attorney Adwar Video Agreement RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an agreement with Video Hi-Tech Corp d/b/a Adwar Video at a cost not to exceed Fifty One Thousand Six Hundred Fifty Dollars and Seventy Cents ($51,650.70), subject to approval by the Town Attorney. ✓Vote Record-Resolution RES-2018-974 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled - lames Dmizio Jr Mover ❑ 0 ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt William P Ruland Seconder M ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter ID ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-975 CATEGORY. Budget Modification DEP'AR731ENT. Engineering 2018 Budget Modification-Fishers Island Sewer District Financial Impact•Increase Fishers Island Sewer District Budget RESOLVED that the Town Board of the Town of Southold hereby increases and modifies the 2018 Fishers Island Sewer District Budget as follows: Increase Revenues: SS2.5990.00 APPROPRIATED FUND BALANCE $ 1,500 Increase Appropriations: SS2.8120.4.400.300 SYSTEM MAINTENANCE/REPAIR $ 1,500 ✓Vote Record-Resolution RES-2018-975 E1 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended James Dmizio Jr Voter Rl ❑ ❑ ❑ ❑ Defeated William P Ruland Voter 13 ❑ ❑ ❑ 0 Tabled Jill Doherty Mover El 0 0 ❑ Southold Town Board Regular and Budget Hearing Meeting November 7, 2018 page 28 ❑ Withdrawn Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2018-976 CATEGORY. Refund DEPARTMENT: Town Clerk Various Clean Up Deposits WHEREAS the following groups have supplied the Town of Southold with a refundable Clean- up Deposit fee, for their events and WHEREAS the Southold Town Police Chief, Martin Flatley, has informed the Town Clerk's office that this fee may be refunded, now therefor be it RESOLVED that Town Board of the Town of Southold hereby authorizes a refund be issued in the amount of the deposit made to the following Name Date Received Amount of Deposit Southold PTA 10/5/18 $ 250.00 520 Oaklawn Avenue PO Box 470 Southold,NY 11971 Oysterponds UFSD 10/11/18 250.00 Richard C. Malone 23405 Main Road Orient,NY 11957 Mattituck Lions Club 10/5/18 250.00 PO Box 91 Mattituck,NY 11952 Southold School Athletic Association 9/25/18 1,500.00 135 Wood End Way Southold,NY 11971 Southold Town Board Regular and Budget Hearing Meeting November 7, 2018 page 29 Old Town Arts & Crafts Guild 5/22/18 250.00 PO Box 392 Cutchogue,NY 11935 ✓Vote Record-Resolution RES-2018-976 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay ; Abstain Absent ❑ Tabled w ❑ Withdrawn James Dmizio Jr Voter 2 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Mover 0 ❑ ❑ ❑ 11 Tax Receiver's Appt Jill Doherty Voter RI ❑ ❑ El El Rescinded Robert Ghosio Voter IZI El 11 ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter lZ ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-977 CATEGORY: Budget Modification DEPARTMENT': Solid Waste Management District 2018 Budget Modification-SWMD Financial Impact:For supplies for snowplow attachment on Ford,-full payment on load of scrap tires; windshield glass replacement on CAT 966 following damage when impacted by large branch on compost site. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 Solid Waste Management District budget as follows: From: SR 8160.4.100.573 Maint/Supply—Tommel Screen $ 400 SR 8160.4.400.836 Single Stream Trucking 2,970 Total $3,370 To: SR 8160.4.100.50'0 Motor Vehicle Glass $1,300 SR 8160.4.100.622 Ford F350 Pickup 400 SR 8160.4.400.815 Scrap Tire Removal 1,670 Total $3,370 ✓Vote Record-Resolution RES-2018-977 D Adopted Yes/Aye No/Nay Abstain Absent El Adopted as Amended ❑ Defeated James Dmizio Jr Voter z ❑ ❑ ❑ ❑ Tabled William P Ruland Voter z 0 0 0 Southold Town Board Regular and Budget Hearing Meeting November 7, 2018 page 30 ❑ Withdrawn Jill Doherty Voter Q ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Seconder 2 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Mover El ❑ ❑ ❑ ❑ Rescinded Scott A Russell Voter EI ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2018-978 CATEGORY. Special Events DEPARTMENT.• Town Clerk Special Events Permit Borghese Vineyards RESOLVED that the Town Board of the Town of Southold hereby grants permission to Borghese Vineyards, 17150 County Route 48, Cutchogue,New York to hold a Special Event as applied for in Application 2018-6 for one (1) event: Borghese Holiday Pop-up on December 15- 16, 2018 from 11:00 AM to 5:00 PM,provided they adhere to all conditions on the application and permit and to the Town of Southold Policy for Special Events. ✓Vote Record-Resolution RES-2018-978 EI Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dinizio Jr Voter Q 11 ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-979 CATEGORY. Special Events DEPARTIVEATT. Town Clerk Special Events Permit Southold Indian Musewn Southold Town Board Regular and Budget Hearing Meeting November 7, 2018 page 31 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Southold Indian Museum, 1080 Main Bayview Road, Southold,New York to hold a Special Event as applied for in Application 2018-7 for one (1) event: Native American Sewanhacky, Tribute weekend on November 10-11„ 2018 from 12:00 PM to 4:00 PM, provided they adhere to all conditions on the application and permit and to the Town of Southold Policy for Special Events. ✓Vote Record-Resolution RES-2018-979 Rl Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-980 CATEGORY.- Property Acquisition Public Hearing DEPARTMENT: Land Preservation Set P.H. 11/20 Fuchs Open Space Preservation Acquisition RESOLVED that pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday,November 20, 2018, at 4:31 p.m., Southold Town Hall, 53095 Main Road, Southold,New York as the time and place for a public hearing for the purchase of Property from the Estate of Roy Fuchs. Said property is identified as SCTM 41000-88.-3-3.1. The total area of the property is 7.86± acres. The address of the property is 9800 Main Bayview Road in Southold. The property is located within the Agricultural- Conservation (A-C) zoning district. The property has approximately 353±feet of road frontage on Main Bayview Road and includes a 50 foot wide right-of-way known as Takaposa Road. The property is located on the southerly side of Main Bayview Road approximately 400 feet west of the intersection of Jacobs Lane and Main Bayview Road in Southold. The property also has approximately 415± feet of shoreline on Corey Creek. The proposed acquisition is for the Town of Southold, in a joint 50%/50%partnership with the County of Suffolk, to acquire fee title to the entire 7.86± acres for open space preservation. The exact area of the purchase is subject to survey. The purchase price for the entire 7.86± acre parcel is $800,000 (eight hundred thousand dollars) and the purchase will be funded by the Town's Community Preservation Fund and the County of Suffolk in a 50%/50% partnership Southold Town Board Regular and Budget Hearing Meeting November 7, 2018 page 32 which will include the purchase price and any related acquisition costs associated with the purchase of this property. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved for open space and the preservation of fresh water and salt water marshlands. The purpose of this acquisition is for open space, passive recreational purposes and wetland protection. Proposed uses of the property may include the establishment of a nature preserve, passive recreational area with trails and limited parking for access purposes, all subject to a Management Plan which will be developed for this property. Sanitary Flow Credits may be available for transfer from the property upon the purchase of the property. The County of Suffolk will determine if Credits are available, and if so, the number of Sanitary Flow Credits available from the property. Any available Sanitary Flow Credits will be divided between the County and the Town in accordance with the 50%/50%joint partnership percentage. The transfer of the Sanitary Flow Credits allotted to the Town will not be finalized, and shall not occur, until the County/Town closes on the property, and the Town Board passes a resolution allowing the transfer into the Town Sanitary Flow Credit Bank. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold,New York, and may be examined by any interested person during business hours. ✓Vote Record-Resolution RES-2018-980 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dinizio Jr Voter Rl ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder El ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter Rl ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter Rl ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter lZ ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-981 CATEGORY. Legal DEPARTME NT.• Town Attorney Clahn Settlement-Lan7p Post RESOLVED that the Town Board of the Town of Southold hereby authorizes the acceptance of funds in the amount of$4886.01, from Liberty Mutual Insurance Company, in full satisfaction of Southold Town Board Regular and Budget Hearing Meeting November 7, 2018 page 33 all claims related to claim No. AB 103-190053 for repair costs to a Town Lamp Post occurring as a result of a vehicular accident on May 18, 2018. ✓Vote Record-Resolution RES-2018-981 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled _ ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Dohertv Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-982 CATEGORY.• Budget Modification DEPARTMENT. Accounting 2018 Budget Modification-Community Development Financial Impact:Allocate funds for CO2 monitors and smoke detectors RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 Community Development Fund budget as follows: Increase• CD.2701.00 Refunds of Prior year Expenditures $5,000 Total $5,000 Increase• CD.8660.J.04.003 Year 44 Home Improvement $5,000 Total $5,000 ✓Vote Record-Resolution RES-2018-982 0 Adopted ❑ Adopted as Amended - Yes/Aye No/Nay Abstain Absent ❑ Defeated James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Tabled William P Ruland Voter 0 ❑ ❑ ❑ ❑ Withdrawn El Supervisor's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Robert Ghosio Seconder 0 11El❑ ❑ Rescinded Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt 0 No Action Southold Town Board Regular and Budget Hearing Meeting November 7, 2018 page 34 ❑ Lost 2018-983 CATEGORY.• Budget Modification DEPARTMENT: Highway Department 2018 Budget Modification -Highm,ay 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.5142.4.100.920 Sand $ 6,518.00 DB.5110.1.100.100 Full Time Regular Earnings 10,653.00 DB.5110.1.200.100 Regular Part Time Earnings 1,442.00 DB.5140.4.100.700 Safety Gear 927.00 Total $19,540.00 TO: DB.5110.4.100.200 Fuel/Lubricants $ 6,518.00 DB.5110.1.100.400 Full Time Sick Earnings 12,095.00 DB.5140.4.400.600 Office Equip/Maint Repair 927.00 Total $19,540.00 ✓Vote Record-Resolution RES-2018-983 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hbwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-984 Southold Town Board Regular and Budget Hearing Meeting November 7, 2018 page 35 CATEGORY.• Budget Modification DEPART HE'A'T: Supervisor 2018 Budget Modification-Supervisor Financial bnpacl: To appropriate funds for end of year supplies needed. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 General Fund Whole Town Budget as follows: From: A.1220.4.600.200 Supervisor, Meetings and Seminars $800.00 Total $800.00 To: A.1010.4.100.100 Town Board, Supplies and Materials $800.00 Total $800.00 ✓Vote Record-Resolution RES-2018-984 0 Adopted ❑ Adopted as Amended ❑ Defeated - --- -- — - ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn James Dmizio Jr Mover 0 ❑ 11 ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 1 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-985 CATE,GOR Y.• Employment-Town DEPART31ENT: Town Clerk Appoint Valerie DeFio to the Position of Secretary for the Historic Preservation ConnnWion RESOLVED that the Town Board of the Town of Southold hereby appoints Valerie DeFio to the position of secretary for the Historic Preservation Commission, effective immediately through December 31, 2018, not to exceed five (5) hours per week in addition to her regular 35 hour work week, regardless of the number of committees she serves. ✓Vote Record-Resolution RES-2018-985 D Adopted Yes/Aye 1 No/Nay Abstain Absent 11 Adopted as Amended 0 Defeated James Dmizio Jr Voter 0 0 ❑ 0 Southold Town Board Regular and Budget Hearing Meeting November 7, 2018 page 36 ❑ Tabled William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Rescinded Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost Comment regarding resolution 986 TOWN ATTORNEY DUFFY: Mr. Supervisor, this morning in executive session, we had some personnel discussions regarding the budget and so we had certain amendments and the Supervisor's office full-time regular earnings was increased $6,000.00; Superintendent of Highways full-time regular earnings was increased $3,000.00 for a total of$9,000.00 and (inaudible) was reduced by $9,000.00 for additional (inaudible)net increase of 0.0 %, so the motion would be to adopt the budget as amended. COUNCILMAN DINIZIO: I just want to make a comment first, Scott did a pretty good job on making a nice, tight budget and I have got to commend you on that, Scott. I know you do a lot of work and all the department heads and certainly the comptroller had a lot to do with it. But the budget doesn't contain accreditation for the Police Department. It contains one less police officer than I think we should have and even though I am going to vote for the budget, I am kind of disappointed we couldn't support the accreditation with this budget. SUPERVISOR RUSSELL: Yes, with a comment. 2019 is a unique year, we actually had the settlement of both of the town's unions, both at the same time, so any of the attendant costs there had to financed all in fiscal 2019. In addition to that, we had an increase in our NYSHIP plan of $855,000, that's 10 % over last year. I appreciate everything Councilman Dinizio just said, the additional costs to pursue the accreditation for this budget would have been what I believe the Police Chief estimated to be about $150,000-$175,000; it certainly is a good goal and something we should keep in mind for the future, I just didn't think given all the circumstances of the budget for 2019, it was costly to absorb at least in that fiscal year. 2018-986 CATEGORY.• Budget DEPAR T11ENT. Town Clerk Adopt 2019 Annual Budgel WHEREAS, the Town Board of the Town of Southold has met at the time and place specified in the notice of public hearings on the Preliminary Budget for the fiscal year beginning on January 1, 2019, and heard all persons desiring to be heard thereon; now, therefore, be it Southold Town Board Regular and Budget Hearing Meeting November 7, 2018 page 37 RESOLVED that the Town Board of the Town of Southold does hereby adopt such Preliminary BudjZet as the Annual Budtet as Amended of this Town for the fiscal year beginningZ on the 1St day of January 2019; and be it FURTHER RESOLVED that such budget as adopted by this Board be entered in detail in the minutes of the proceedings of this Town Board; and be it FURTHER RESOLVED that the Town Clerk of the Town of Southold shall prepare and certify copies oi'said annual budget as adopted by the Town Board of the Town of Southold, together with the estimates, if any, adopted pursuant to Section 202a, Subdivision 5 of the Town Law, and deliver a copy thereof to the County Legislature of the County of Suffolk. ✓Vote Record-Resolution RES-2018-986 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland ; Mover 0 ❑ El ❑ Tax Receiver's Appt Jill Doherty Voter 0 El El ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-987 CATEGORY. Budget DEPARMENT: Town Clerk Adopt Annual Capital Budget for the Fiscal Year Beginning on the ISI January 2019 WHEREAS, the Town Board of the Town of Southold has met at the time and place specified in the notice of public hearings on the Preliminary Capital Budget for the fiscal year beginning on January 1, 2019, and heard all persons desiring to be heard thereon, now, therefore, be it RESOLVED that the Town Board of the Town of Southold does hereby adopt such Preliminary Capital Budget, as amended, as the Annual Capital Budget of this Town for the fiscal year beainnin,- on the 1St January 2019; and be it FURTHER RESOLVED that such capital budget as adopted by this Board be entered in detail in the minutes of the proceedings of this Town Board; and be it Southold Town Board Regular and Budget Hearing Meeting November 7, 2018 page 38 FURTHER RESOLVED that the Town Clerk of the Town of Southold shall prepare and certify copies of said annual Capital Budget as adopted by the Town Board of the Town of Southold, together with the estimates, if any, adopted pursuant to Section 202a, Subdivision 5 of the Town Law, and deliver a copy thereof to the County Legislature of the County of Suffolk. ✓Vote Record-Resolution RES-2018-987 Rl Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/N'ay Abstain Absent ❑ Tabled ❑ Withdrawn James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P.Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder, 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter Rl ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover Rl ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost VI. Public Hearings 1. PH 11/7 4:00 Pm & 7:00 pm -2019 Budget Hearings COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN that the Preliminary Budget and Preliminary Capital Budget of the Town of Southold, Suffolk County,New York for the fiscal year beginning on January 1, 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) Southold Town Board Regular and Budget Hearing Meeting November 7, 2018 page 39 Officer Supervisor $ 109,722 Members of the Town Board (4) @ 36,138 Town Justice and Member of the Town Board, Fishers Island 55,108 Town Justices (2) @ 73,922 Town Clerk 105,723 Superintendent of Highways 109,722 Tax Receiver 41,250 Assessors (3) @ 79,023 Trustees (5) @ 19,956 I do have a notarized affidavit that this has been advertised by the Town Clerk. I also have the resolution setting this hearing and I also have a signed and notarized affidavit that this was noticed in the Suffolk Times. That's it. SUPERVISOR RUSSELL: I am going to invite anybody that would like to address the Town Board on this budget hearing to please feel free? COUNCILMAN RULAND: I would like to comment, the, and I don't want you to feel Mr. Supervisor, that I am redundant but each year... SUPERVISOR RUSSELL: You keep saying that. COUNCILMAN RULAND: That's redundant. A lot of work goes into the preparation of a budget and it begins very early, August, September and it takes a lot of people's time but I would be remiss if I didn't offer to you my thanks for the amount of time that you put in and to the Comptroller who happens to be sitting in the audience, and you and your staff and doubly difficult because you are rather new at the Town of Southold and it's taken you a while to learn how and why and what and when and all of the things that you do but I think again, we have come up with something that in a difficult time, we can live with and that's my comment. SUPERVISOR RUSSELL: Thank you. Motion to adjourn? This hearing was adjourned at 4:04 PM and re-opened at the 7:00 PM meeting. SUPERVISOR RUSSELL: Okay, I am going to offer anybody the opportunity to comment on any of the issues with regards to the town's proposed budget for 2019, please feel free? (No comment) COUNCILMAN GHOSIO: This is basically a continuation of the hearing about the budget that we opened up at 4:00 today, so we open it for comments then and we open it for comments now. SUPERVISOR RUSSELL: None are forthcoming. Motion to close the hearing. Southold Town Board Regular and Budget Hearing Meeting November 7, 2018 page 40 RESULT: CLOSED [UNANIMOUS] MOVER: Robert Ghosio, Councilman SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Closing Statements Supervisor Russell SUPERVISOR RUSSELL: I would offer anyone the opportunity to comment on any issue to please feel free? Jim? Jim Underwood JIM UNDERWOOD: Hi, I am Jim Underwood, I live in Laurel and I am on the Southold Town Helicopter Advisory Committee. As I am sure you are aware, first I would like to thank the town for their ongoing efforts to combat helicopter and aircraft noise. It's been a long battle. We finally have a bit of an opening, as you said before and I think you are aware, the FAA is going to have a public whether it is a hearing or a forum, the date is next Wednesday November 14 at 600 Han-ison Avenue which is Riverhead Middle School from 7:00 to 9:00 PM. Our hope is that, well, we are trying to get as many people as possible and we are encouraging the board to assist us in these efforts. I know that there is in the works a public service announcement or a flyer that we desperately need. We only have a week to go. Our goal is the elimination of this controversial Northshore route which as you are well aware, helicopters leave from the city cut across from Northville, Nassau Point, Laurel and make their way to East Hampton. The North Fork and Riverhead benefits not at all from this current route, so we are hoping for a southshore route that would fly directly across the Atlantic Ocean. Bob, you had something to say on this, I believe? COUNCILMAN GHOSIO: Well, I have a PSA coming out on the radio, I will be submitting it tomorrow morning. It is already done, I just have to get it on the air, announcing it so that as many people from the East End and I geared it for people from the East End, the whole East End, try to get as many people as we can to come to the meeting in Riverhead. MR. UNDERWOOD: Will that go on LNG? COUNCILMAN GHOSIO: Yes, it will be on LNG and I think that the more people that we get there, even if they can't actually make public comment at that time, let's face it, if it's a two hour meeting and 1,000 people show up, there won't be any... MR. UNDERWOOD: That would be great. COUNCILMAN GHOSIO: With that being said, I would encourage anybody who comes, come with a prepared written statement because they will accept those statements as well, so we can submit them. Southold Town Board Regular and Budget Hearing Meeting i November 7, 2018 page 41 MR. UNDERWOOD: There is also, I am not sure exactly how to do it but the federal registry, there is provision in this bill for comment that people can file on-line as well. I have attempted but it is rather involved. COUNCILWOMAN DOHERTY: Jim, can you just please repeat the time, date and place for the viewers? MR. UNDERWOOD: Sure, it's Wednesday November 14"', 7:00 to 9:00 PM at the Riverhead Middle School which is 600 Harrison Avenue. COUNCILWOMAN DOHERTY: Thank you. MR. UNDERWOOD: And I hope to see as many East End residents there as possible. Thank you. COUNCILMAN GHOSIO: Come early for a good parking spot. SUPERVISOR RUSSELL: Would anyone else like to address the Town Board? Nicholas Deegan NICHOLAS DEEGAN: I am Nicholas Deegan from Mattituck. Good evening all. I was getting here a little bit late, the local law 2018, what is the status of that? COUNCILMAN DINIZIO: What number is that? MR. DEEGAN: Local law 2018. COUNCILMAN DINIZIO: That's the year, what's the last three numbers? COUNCILMAN GHOSIO: What is the resolution number? SUPERVISOR RUSSELL: It's in reference to? MR. DEEGAN: Pardon? SUPERVISOR RUSSELL: Is it the local law in reference to the rental permit? MR. DEEGAN: Yes. COUNCILWOMAN DOHERTY: We tabled the decision for further discussion. MR. DEEGAN: Will there be another public hearing on it? Southold Town Board Regular and Budget Hearing Meeting November 7, 2018 page 42 COUNCILWOMAN DOHERTY: The public hearing was closed two weeks ago and we had discussion at our work session today and due to that discussion, I requested that we table the decision for further discussion. So at this time, we don't know what is going to happen. SUPERVISOR RUSSELL: The formal public hearing has been closed, however, if it appears on the agenda and it will in two weeks, the public has the right to comment prior to us getting into the agenda to take action. And obviously at the close at any Town Board meeting they have the right to speak up but if the public wants to address this, they are free to come and before we get to work on the agenda we ask anybody that wants to comment on any of the agenda items to please feel free at that time. MR. DEEGAN: Okay, well do you mind if I comment on it now? SUPERVISOR RUSSELL: No. MR. DEEGAN: Okay, as I stated before a few weeks ago, I think this is an overreach of government. I think it's another layer of government that we certainly, I don't believe we need and I am beginning to think it's like a jobs program and that's put on the backs of the taxpayers and the homeowners. And we have few enough rentals as it is in Southold Town and I think you are going to drive away people from renting their houses, so there will be less housing and affordable housing, in the case of Mattituck because of this law and I really think it's just an overreach of government. Another layer of government we don't need. And I think you all ran on the mantra of smaller government and here we are expanding government for no good reason that I can see except maybe jobs for somebody. And I think it's something that you really ought to consider, that this is a law that is not needed in this town. Thank you. SUPERVISOR RUSSELL: Thank you. Who else would like to address the Town Board? (No response) Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 7:45 P.M. Lyn a M Rudder Deputy Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Robert Ghosio, Councilman SECONDER:Louisa P. Evans, Justice AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell