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Home My WebLink AboutAG-12/04/2018 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 December 4, 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 December 4, 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 - December 4, 2018 Page 2 I. REPORTS 1. Recreation Department Monthly Report October 2018 2. Town Clerk Monthly Report November 2018 II. PUBLIC NOTICES III. COMMUNICATIONS IV. DISCUSSION 1. 9:00 Am - Agricultural Advisory Committee Members Chapter 280-4 & 280-13 Permitted Uses Draft for Discussion 2. 10:00 Am - Superintendant Vincent Orlando Budget Modification Request for Highway Department Contracted Services for Tree Removal/Light Truck Budget Lines 3. Proposed IMA with Village of Greenport for Use of Town Vacuum Truck 4. Councilman Dinizio Police Advisory Committee Project 5. Discussion of 2019 Town Board Meeting Dates and Times 6. Discussion of Transportation Commission Recommendations (Follow Up from 11/20 Work Session) 1. Repositioning of the Southold Bus Shelter 2. Traffic Calming Measures from Greenport to Orient Point Ferry 3. DOT Traffic Control Light for Route 25 at Oaklawn Avenue 7. EXECUTIVE SESSION - Proposed Acquisition(S), Sale or Lease of Real Property Where Publicity Would Substantially Affect the Value Thereof 11:00 am - Lisa Kombrink, Esq. 8. EXECUTIVE SESSION - Labor - Matters Involving the Employment of a Particular Person(S) Councilman Ruland 9. CANCELLED - EXECUTIVE SESSION - Labor - Matters Involving the Employment of a Particular Corporation(S) 11:30 am - Jim Bunchuck 10. EXECUTIVE SESSION - Potential Litigation Southold Town Meeting Agenda - December 4, 2018 Page 3 11:30 am - Michael Collins 11. EXECUTIVE SESSION - Litigation Ronald Goerler Notice of Claim 12. OPEN SESSION - 10:30 Am - Jim Bunchuck Changes to Recycling Practices V. RESOLUTIONS 2018-1018 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated December 4, 2018.  Vote Record - Resolution RES-2018-1018  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  2018-1019 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, December 18, 2018 at Southold Town Hall, 53095 Main Road, Southold, New York at 4:30 P. M..  Vote Record - Resolution RES-2018-1019 Adopted  Yes/Aye No/Nay Abstain Absent Adopted as Amended  Southold Town Meeting Agenda - December 4, 2018 Page 4 Defeated  James Dinizio Jr     Tabled  William P. Ruland      Withdrawn Jill Doherty      Supervisor's Appt  Tax Receiver's Appt Robert Ghosio     Rescinded  Louisa P. Evans     Town Clerk's Appt  Scott A. Russell     Supt Hgwys Appt  No Action  Lost  2018-990 Tabled 11/7/2018 7:00 PM, 11/20/2018 4:30 PM 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 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, Southold Town Meeting Agenda - December 4, 2018 Page 5 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 independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. Southold Town Meeting Agenda - December 4, 2018 Page 6 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, 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 Southold Town Meeting Agenda - December 4, 2018 Page 7 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. (5) All applicants must submit the following documents: (a) Copies of all certificates of occupancy and/or pre-certificates of Southold Town Meeting Agenda - December 4, 2018 Page 8 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(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 Southold Town Meeting Agenda - December 4, 2018 Page 9 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. 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 Southold Town Meeting Agenda - December 4, 2018 Page 10 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-2018-990 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 2018-1020 CATEGORY: Budget Modification DEPARTMENT: Police Dept Police Department-Budget Modification Financial Impact: Reallocation of budgetary funds to cover labor cost to outfit a new patrol SUV Southold Town Meeting Agenda - December 4, 2018 Page 11 RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 General Fund Whole Town budget as follows: From: A.3120.2.500.875 PoliceEquip/Other Vehicle Equip $1,260 Total $1,260 To: A.3120.2.500.876 Police/Equip/Other/Veh Equip Installation $1,260 Total $1,260  Vote Record - Resolution RES-2018-1020  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  2018-1021 CATEGORY: Attend Seminar DEPARTMENT: Police Dept Police Depaartment-Training Request RESOLVED that the Town Board of the Town of Southold hereby grants permission to Police Officers Richard Buonaiuto and Gregory Simmons to attend the DARE Certification ththstth Training in Montour Falls, NY from January 14-18 and the 21-25, 2019. All expenses for registration, travel to be a legal charge to the 2019 budget line A.3157.4.600.200.  Vote Record - Resolution RES-2018-1021  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 - December 4, 2018 Page 12 Supt Hgwys Appt  No Action   Lost 2018-1022 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Clerk Set PH 1/29 4:31 Pm Chapter 260 Young's Avenue WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk th County, New York, on the 4 day of December, 2018, a Local Law entitled “A Local Law in relation to an Amendment to Chapter 260, Vehicles and Traffic, in connection with Parking on Young’s Avenue in the hamlet of Southold” now, therefore, 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 29 day of January, 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 260, Vehicles and Traffic, in connection with Parking on Young’s Avenue in the hamlet of Southold” which reads as follows: LOCAL LAW NO. 2018 A Local Law entitled, “A Local Law in relation to an Amendment to Chapter 260, Vehicles and Traffic, in connection with Parking on Young’s Avenue in the hamlet of Southold” BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose The Purpose of the amendment is to improve safety for emergency vehicles, pedestrian and passenger vehicles, as well as dealing with impacts to the public’s health, safety and welfare resulting from vehicles parking and standing on a portion of Young’s Avenue in the hamlet of Southold. II. Amendment. The Southold Town Code is hereby amended by adding the underlined words as follows: §260-8 Parking prohibited at all times. The parking of vehicles is hereby prohibited at all times in any of the following locations and at any other location where signage indicates “no parking”: Southold Town Meeting Agenda - December 4, 2018 Page 13 Name of Street Side Location Young’s Ave West At Southold, from a point 150 feet north of the entrance to Founder’s Village to a point 115 feet south of the exit to Founder’s Village III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law.  Vote Record - Resolution RES-2018-1022 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 2018-1023 CATEGORY: Bond DEPARTMENT: Engineering Release Maintenance Bond - ICE Electric RESOLVED that the Town Board of the Town of Southold hereby releases the Maintenance Bond supplied by ICE Electric, Inc. and Ohio Casualty Insurance Company, Bond No. 015049490M in the amount of $193,898.00, as recommended by the Town Engineer, subject to the approval of the Town Attorney.  Vote Record - Resolution RES-2018-1023  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 - December 4, 2018 Page 14 Supervisor's Appt  Robert Ghosio     Tax Receiver's Appt  Louisa P. Evans      Rescinded Scott A. Russell      Town Clerk's Appt  Supt Hgwys Appt No Action  Lost  2018-1024 CATEGORY: Refund DEPARTMENT: Town Clerk Refund of Disposal Permit RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund to the following individual(s) in the amount of $30.00 for the purchase of an additional resident disposal permit: Kasha Cacy 68 Bradhurst Avenue, PH2C New York, NY 10039  Vote Record - Resolution RES-2018-1024  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  2018-1025 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Reinstate Mark Boehm PT Deckhand Southold Town Meeting Agenda - December 4, 2018 Page 15 RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted November 26, 2018 that reinstates Mark Boehm as a part-time Deckhand (FIFD) with a starting wage of $12.86 effective November 22, 2018.  Vote Record - Resolution RES-2018-1025 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 2018-1026 CATEGORY: Ratify Fishers Island Reso. DEPARTMENT: Fishers Island Ferry District FIFD 11/26/18 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 November 26, 2018, as follows: FIFD resolution # Regarding 2018 - 216 Budget Modification  Vote Record - Resolution RES-2018-1026 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 - December 4, 2018 Page 16 2018-1027 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Suffolk County AREIS 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 Department of Interior, United States Geological Survey (USGS), New York Water Science Center, 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-2018-1027  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  2018-1028 CATEGORY: Attend Seminar DEPARTMENT: Accounting Attend Seminar- Accounting RESOLVED that the Town Board of the Town of Southold hereby grants permission to Kristie Hansen-Hightower to attend a government financial seminar on December 6, 2018, in Woodbury, NY. All expenses for registration and travel to be a legal charge to the 2018 budget (A.1310.4.600.200 Meetings and Seminars).  Vote Record - Resolution RES-2018-1028  Adopted Yes/Aye No/Nay Abstain Absent  Adopted as Amended James Dinizio Jr      Defeated William P. Ruland     Tabled  Southold Town Meeting Agenda - December 4, 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  2018-1029 CATEGORY: Bid Acceptance DEPARTMENT: Engineering Accept the Proposal of R.G.C Evergreen Landscapes, Inc. for the Whistler Avenue Drainage Project RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal from R.G.C. Evergreen Landscapes, Inc. dated November 16, 2018, in the total amount of $30,500.00 for the installation of drainage improvements on Whistler Avenue, all in accordance with the Town Attorney and be it further RESOLVED that the Town Board hereby authorizes and directs Supervisor Scott A. Russell to sign a contract with R.G.C. Evergreen Landscapes, Inc. for same, subject to the approval of the Town Attorney.  Vote Record - Resolution RES-2018-1029 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  2018-1030 CATEGORY: Refund DEPARTMENT: Highway Department Southold Town Meeting Agenda - December 4, 2018 Page 18 Refund of Highway Excavation Permit RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund in the amount of $1,300.00 to PSEGLI, 333 Earle Ovington Blvd, Ste 403, Uniondale, NY 11553 for the over payment of Highway Excavation Permit #1302.  Vote Record - Resolution RES-2018-1030 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 2018-1031 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Human Resource Center Dishwashing Machine Agreement W/Auto Chlor System for HRC RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Dishwashing Machine Agreement between the Town of Southold and Auto-Chlor System of New York regarding the leasing of an automatic dishwashing machine for the Human Resource Center for sixty (60) months, at a cost of $238.00/month, subject to the approval of the Town Attorney.  Vote Record - Resolution RES-2018-1031  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 - December 4, 2018 Page 19 2018-1032 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint Jacqueline Martinez Senior Citizens Program Supervisor WHEREAS Suffolk County Department of Civil Service notified the Town of Southold on October 23, 2018 that the position #08-01-0003 was being reclassified to Senior Citizens Program Supervisor, be it RESOLVED that the Town Board of the Town of Southold hereby appoints Jacqueline Martinez to the position of Senior Citizens Program Supervisor effective October 25, 2018, at a salary of $87,289.49 per annum.  Vote Record - Resolution RES-2018-1032  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  2018-1033 CATEGORY: Budget DEPARTMENT: Town Clerk Establish Capital Budget - Early Records Restoration RESOLVED that the Town Board of the Town of Southold hereby authorizes the establishment of the following Capital Project in the 2018 Capital Budget: Capital Project Name: Restore Early Town Records Financing Method: Transfer from General Fund Whole Town Budget: Revenues: Southold Town Meeting Agenda - December 4, 2018 Page 20 H.5031.36 Interfund Transfers $5,500. Restore Early Town Records Appropriations: H.1460.2.400.200 Records Management Capital Outlay Contracted Services Restore Early Town Records $5,500.  Vote Record - Resolution RES-2018-1033  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  2018-1034 CATEGORY: Employment - Town DEPARTMENT: Accounting Acknowledges the Intent to Retire Thomas Hudock RESOLVED that the Town Board of the Town of Southold hereby acknowledges the intent to retire of Thomas Hudock from the position of Sergeant for the Police Department, effective January 1, 2019.  Vote Record - Resolution RES-2018-1034 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 - December 4, 2018 Page 21 2018-1035 CATEGORY: Bid Acceptance DEPARTMENT: Engineering Accept Proposal for Sills Farm Demolition Project RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal from Brian V. Klug Landscaping, Inc. dated November 28, 2018, in the total amount of $24,000.00 for the demolition of Main House at Sill’s Farms, all in accordance with the Town Attorney and be it further RESOLVED that the Town Board hereby authorizes and directs Supervisor Scott A. Russell to sign a contract with Brian V. Klug Landscaping, Inc. for same, subject to the approval of the Town Attorney.  Vote Record - Resolution RES-2018-1035 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  2018-1036 CATEGORY: Budget Modification DEPARTMENT: Human Resource Center 2018 Budget Modification- HRC to DPW Financial Impact: Modifying funds from HRC to DPW for flooring project 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 Southold Town Meeting Agenda - December 4, 2018 Page 22 A.6772.4.100.125 Contractual Expense/Kitchen Supplies $700.00 To: Appropriations: Department of Public Works A.1620.2.100.400 DPW Carpet (HRC) $700.00  Vote Record - Resolution RES-2018-1036  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  2018-1037 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint Beverly Norkelun FT Senior Citizen Aide II RESOLVED that the Town Board of the Town of Southold hereby appoints Beverly Norkelun to the position of full time Senior Citizen Aide II for the Human Resource Center, effective December 17, 2018 at a rate of $45,613.52 per year.  Vote Record - Resolution RES-2018-1037 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 - December 4, 2018 Page 23 2018-1038 CATEGORY: Budget Modification DEPARTMENT: Human Resource Center 2018 Budget Modification - HRC Financial Impact: To reclassify funds from HRC to DPW for Building repairs on Katinka House. 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.6772.2.500.550 Other Equipment-Katinka House $2,000.00 Total: $2,000.00 To: Appropriations: Dept. of Public Works A.1620.4.400.100 Bldg. Maintenance & Repairs $2,000.00 Total: $2,000.00  Vote Record - Resolution RES-2018-1038  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  2018-1039 CATEGORY: Budget Modification DEPARTMENT: Accounting 2018 Budget Modification- FI Fencing Financial Impact: Update budget for FI Fencing Project Southold Town Meeting Agenda - December 4, 2018 Page 24 RESOLVED that the Town Board of the Town of Southold hereby modifies the Capital Fund and Park & Playground budgets as follows: Increase: H5031.54 Capital Fund, Interfund Transfer, Park & Playground $58,000 Total $58,000 Increase: H.1620.2.500.375 Capital Project Fund, FI Fencing $58,000 Total $58,000 Increase: CR.5990.00 Park & Playground Fund, Appropriated Fund Balance $58,000 Total $58,000 Increase: CR.9901.9.000.100 Park & Playground Fund, Interfund Transfer, Capital Fund $58,000 Total $58,000  Vote Record - Resolution RES-2018-1039 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  2018-1040 CATEGORY: Budget Modification DEPARTMENT: Human Resource Center 2018 Budget Modification - HRC Southold Town Meeting Agenda - December 4, 2018 Page 25 Financial Impact: To reclassify funds to cover replacement awnings for HRC and Katinka House Buildings. 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.6772.2.500.550 Equipment Katinka House Equipment $300.00 A.6772.2.500.600 Equipment Senior Program Equipment 500.00 A.6772.2.500.700 Equipment Kitchen Equipment 300.00 A.6772.4.100.110 Contractual Expense Program Supplies & Materials 1000.00 A.6772.4.100.120 Contractual Expense Adult Day Care Supplies 500.00 A.6772.4.100.125 Contractual Expense Kitchen Supplies 1500.00 A.6772.4.100.700 Contractual Expense Food 1200.00 Total $5,300.00 To: Appropriations: Programs for the Aging A.6772.2.500.945 Other Equipment Miscellaneous Equipment $5,300.00 Total $5,300.00  Vote Record - Resolution RES-2018-1040  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 - December 4, 2018 Page 26 2018-1041 CATEGORY: Legal DEPARTMENT: Town Attorney Retain Devitt Spellman RESOLVED that the Town Board of the Town of Southold hereby authorizes the Town Attorney to retain Devitt Spellman Barrett LLP as Special Counsel to represent the Town of Southold in an action against the owners of property known as 30105 Route 25, Cutchogue, New York and identified on the Suffolk County Tax Map as lot number 1000-102-2-16.2, to enforce provisions of the Town Code.  Vote Record - Resolution RES-2018-1041  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