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

November 7, 2018
7:00 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

7:00 PM Meeting called to order on November 7, 2018 at Meeting Hall, 53095 Route 25, Southold, NY.

 

Attendee Name

Present

Absent

Late

Arrived

Councilman James Dinizio Jr

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Councilman William P. Ruland

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Councilwoman Jill Doherty

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Councilman Robert Ghosio

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Justice Louisa P. Evans

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Supervisor Scott A. Russell

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I.              Reports

1.              Town Clerk Monthly Report

October 2018

2.              Recreation Monthly Report

September 2018

3.              Zoning Board Fo Appeals Monthly Report

October 2018

4.              Department of Public Works Monthly Report

August 2018
September 2018

II.              Public Notices

III.              Communications

IV.              Discussion

1.              9:00 AM - PO Frank Mele with Southold Town K-9 HUDZIN

- Southold Town Police K-9 Program Presentation
- Town Board Recognition of the North Fork Animal Hospital's Contributions to the Program

2.              9:30 AM - Capital Project Liaisons Councilwoman Doherty, Councilman Dinizio, Michael Collins, Jamie Richter

RFP for Engineering Consultant fo Proposed New Justice Court Facility

3.              9:45 AM - Denis Noncarrow, Jim McMahon, Jeff Standish, Janet Douglass, Karen McLaughlin

Community Development Block Grant Committee Recommendations for 2019 CDBG Funding Allocations

4.              10:00 AM  - Denis Noncarrow, Karen McLaughlin

CO2 Detectors/Fire Alarms at the Human Resource Center

5.              10:15 AM - Agricultural Advisory Committee Chair Chris Baiz

Ch. 280-4 & 280-13 Permitted Uses

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

11:15 AM - Melissa Spiro, Land Preservation

8.              EXECUTIVE SESSION - Labor - Matters Involving the Employment of a Particular Person(S)

Historic Preservation Commission Recommendation for Secretary
11:45 AM  - Chief Flatley
12:15 PM  - Kristie Hansen-Hightower re: Budget Items for Personnel and Update on Collective Bargaining Negotiations

9.              EXECUTIVE SESSION - Labor - Matters Involving the Employment of a Particular Corporation

1:00 PM - Jim Bunchuck - Solid Waste Management District

10.              EXECUTIVE SESSION - Litigation

Town of Southold v. Grella
Michael Harkin v. Town of Southold

              Special Presentation

              9:00 AM Southold Town Police

- K-9 Program Presentation
- Town Board Recognition of the North Fork Animal Hospital's Contributions to the Program

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.

ü Vote Record - Resolution RES-2018-952

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Adopted

¨

Adopted as Amended

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Defeated

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Tabled

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Withdrawn

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Supervisor's Appt

¨

Tax Receiver's Appt

¨

Rescinded

¨

Town Clerk's Appt

¨

Supt Hgwys Appt

¨

No Action

¨

Lost

 

 

Yes/Aye

No/Nay

Abstain

Absent

James Dinizio Jr

 

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¨

William P. Ruland

 

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Jill Doherty

 

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Robert Ghosio

 

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Louisa P. Evans

 

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Scott A. Russell

 

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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..

ü Vote Record - Resolution RES-2018-953

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Adopted

¨

Adopted as Amended

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Defeated

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Tabled

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Withdrawn

¨

Supervisor's Appt

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Tax Receiver's Appt

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Rescinded

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Town Clerk's Appt

¨

Supt Hgwys Appt

¨

No Action

¨

Lost

 

 

Yes/Aye

No/Nay

Abstain

Absent

James Dinizio Jr

 

¨

¨

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¨

William P. Ruland

 

¨

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Jill Doherty

 

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Robert Ghosio

 

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Louisa P. Evans

 

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Scott A. Russell

 

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2018-954

CATEGORY:                            Contracts, Lease & Agreements

DEPARTMENT:              Town Attorney

 

Memorandum of Agreement 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.

ü Vote Record - Resolution RES-2018-954

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Adopted

¨

Adopted as Amended

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Defeated

¨

Tabled

¨

Withdrawn

¨

Supervisor's Appt

¨

Tax Receiver's Appt

¨

Rescinded

¨

Town Clerk's Appt

¨

Supt Hgwys Appt

¨

No Action

¨

Lost

 

 

Yes/Aye

No/Nay

Abstain

Absent

James Dinizio Jr

 

¨

¨

¨

¨

William P. Ruland

 

¨

¨

¨

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Jill Doherty

 

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¨

¨

Robert Ghosio

 

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Louisa P. Evans

 

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Scott A. Russell

 

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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.

ü Vote Record - Resolution RES-2018-955

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Adopted

¨

Adopted as Amended

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Defeated

¨

Tabled

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Withdrawn

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Supervisor's Appt

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Tax Receiver's Appt

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Rescinded

¨

Town Clerk's Appt

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Supt Hgwys Appt

¨

No Action

¨

Lost

 

 

Yes/Aye

No/Nay

Abstain

Absent

James Dinizio Jr

 

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¨

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¨

William P. Ruland

 

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Jill Doherty

 

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Robert Ghosio

 

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Louisa P. Evans

 

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Scott A. Russell

 

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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.

ü Vote Record - Resolution RES-2018-956

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Adopted

¨

Adopted as Amended

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Defeated

¨

Tabled

¨

Withdrawn

¨

Supervisor's Appt

¨

Tax Receiver's Appt

¨

Rescinded

¨

Town Clerk's Appt

¨

Supt Hgwys Appt

¨

No Action

¨

Lost

 

 

Yes/Aye

No/Nay

Abstain

Absent

James Dinizio Jr

 

¨

¨

¨

¨

William P. Ruland

 

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Jill Doherty

 

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Robert Ghosio

 

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Louisa P. Evans

 

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Scott A. Russell

 

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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 York.  All expenses for registration, travel to be a legal charge to the 2018 Board of Trustees budget.

ü Vote Record - Resolution RES-2018-957

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Adopted

¨

Adopted as Amended

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Defeated

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Tabled

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Withdrawn

¨

Supervisor's Appt

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Tax Receiver's Appt

¨

Rescinded

¨

Town Clerk's Appt

¨

Supt Hgwys Appt

¨

No Action

¨

Lost

 

 

Yes/Aye

No/Nay

Abstain

Absent

James Dinizio Jr

 

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¨

¨

¨

William P. Ruland

 

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Jill Doherty

 

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Robert Ghosio

 

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Louisa P. Evans

 

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Scott A. Russell

 

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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%.

 

RESOLVE, 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;

ü Vote Record - Resolution RES-2018-958

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Adopted

¨

Adopted as Amended

¨

Defeated

¨

Tabled

¨

Withdrawn

¨

Supervisor's Appt

¨

Tax Receiver's Appt

¨

Rescinded

¨

Town Clerk's Appt

¨

Supt Hgwys Appt

¨

No Action

¨

Lost

 

 

Yes/Aye

No/Nay

Abstain

Absent

James Dinizio Jr

 

¨

¨

¨

¨

William P. Ruland

 

¨

¨

¨

¨

Jill Doherty

 

¨

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Robert Ghosio

 

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Louisa P. Evans

 

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Scott A. Russell

 

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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 $189,825.00 , $96,512.50 all in accordance with the approval of the Town Attorney.

ü Vote Record - Resolution RES-2018-959

¨

Adopted

¨

Adopted as Amended

¨

Defeated

¨

Tabled

¨

Withdrawn

¨

Supervisor's Appt

¨

Tax Receiver's Appt

¨

Rescinded

¨

Town Clerk's Appt

¨

Supt Hgwys Appt

¨

No Action

¨

Lost

 

 

Yes/Aye

No/Nay

Abstain

Absent

James Dinizio Jr

 

¨

¨

¨

¨

William P. Ruland

 

¨

¨

¨

¨

Jill Doherty

 

¨

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¨

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Robert Ghosio

 

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Louisa P. Evans

 

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Scott A. Russell

 

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2018-960

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 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 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 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 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

                            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 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 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.

ü Vote Record - Resolution RES-2018-960

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Adopted

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Adopted as Amended

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Defeated

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Tabled

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Withdrawn

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Supervisor's Appt

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Tax Receiver's Appt

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Rescinded

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Town Clerk's Appt

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Supt Hgwys Appt

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No Action

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Lost

 

 

Yes/Aye

No/Nay

Abstain

Absent

James Dinizio Jr

 

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William P. Ruland

 

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Jill Doherty

 

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Robert Ghosio

 

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Louisa P. Evans

 

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Scott A. Russell

 

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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:

 

Community Action of Southold Town              $ 7,500

 

Maureen’s Haven              $ 7,500

 

Improvements to Recreation and Community Centers              $420,000

              - Carol Avenue Playground Upgrades

              - 6th Street Sidewalk repairs

ü Vote Record - Resolution RES-2018-961

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Adopted

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Adopted as Amended

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Defeated

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Tabled

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Withdrawn

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Supervisor's Appt

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Tax Receiver's Appt

¨

Rescinded

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Town Clerk's Appt

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Supt Hgwys Appt

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No Action

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Lost

 

 

Yes/Aye

No/Nay

Abstain

Absent

James Dinizio Jr

 

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William P. Ruland

 

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Jill Doherty

 

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Robert Ghosio

 

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¨

¨

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Louisa P. Evans

 

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Scott A. Russell

 

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2018-962

CATEGORY:                            Budget Modification

DEPARTMENT:              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

ü Vote Record - Resolution RES-2018-962

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Adopted

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Adopted as Amended

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Defeated

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Tabled

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Withdrawn

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Supervisor's Appt

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Tax Receiver's Appt

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Rescinded

¨

Town Clerk's Appt

¨

Supt Hgwys Appt

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No Action

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Lost

 

 

Yes/Aye

No/Nay

Abstain

Absent

James Dinizio Jr

 

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William P. Ruland

 

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Jill Doherty

 

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Robert Ghosio

 

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Louisa P. Evans

 

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Scott A. Russell

 

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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

ü Vote Record - Resolution RES-2018-963

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Adopted

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Adopted as Amended

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Defeated

¨

Tabled

¨

Withdrawn

¨

Supervisor's Appt

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Tax Receiver's Appt

¨

Rescinded

¨

Town Clerk's Appt

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Supt Hgwys Appt

¨

No Action

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Lost

 

 

Yes/Aye

No/Nay

Abstain

Absent

James Dinizio Jr

 

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¨

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William P. Ruland

 

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Jill Doherty

 

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Robert Ghosio

 

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Louisa P. Evans

 

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¨

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Scott A. Russell

 

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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

ü Vote Record - Resolution RES-2018-964

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Adopted

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Adopted as Amended

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Defeated

¨

Tabled

¨

Withdrawn

¨

Supervisor's Appt

¨

Tax Receiver's Appt

¨

Rescinded

¨

Town Clerk's Appt

¨

Supt Hgwys Appt

¨

No Action

¨

Lost

 

 

Yes/Aye

No/Nay

Abstain

Absent

James Dinizio Jr

 

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¨

¨

¨

William P. Ruland

 

¨

¨

¨

¨

Jill Doherty

 

¨

¨

¨

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Robert Ghosio

 

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¨

¨

¨

Louisa P. Evans

 

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¨

Scott A. Russell

 

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¨

 

 

 

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.

ü Vote Record - Resolution RES-2018-965

¨

Adopted

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Adopted as Amended

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Defeated

¨

Tabled

¨

Withdrawn

¨

Supervisor's Appt

¨

Tax Receiver's Appt

¨

Rescinded

¨

Town Clerk's Appt

¨

Supt Hgwys Appt

¨

No Action

¨

Lost

 

 

Yes/Aye

No/Nay

Abstain

Absent

James Dinizio Jr

 

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¨

¨

¨

William P. Ruland

 

¨

¨

¨

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Jill Doherty

 

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¨

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Robert Ghosio

 

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Louisa P. Evans

 

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Scott A. Russell

 

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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 and West 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. 

ü Vote Record - Resolution RES-2018-966

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Adopted

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Adopted as Amended

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Defeated

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Tabled

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Withdrawn

¨

Supervisor's Appt

¨

Tax Receiver's Appt

¨

Rescinded

¨

Town Clerk's Appt

¨

Supt Hgwys Appt

¨

No Action

¨

Lost

 

 

Yes/Aye

No/Nay

Abstain

Absent

James Dinizio Jr

 

¨

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¨

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William P. Ruland

 

¨

¨

¨

¨

Jill Doherty

 

¨

¨

¨

¨

Robert Ghosio

 

¨

¨

¨

¨

Louisa P. Evans

 

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Scott A. Russell

 

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¨

 

 

 

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.

ü Vote Record - Resolution RES-2018-967

¨

Adopted

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Adopted as Amended

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Defeated

¨

Tabled

¨

Withdrawn

¨

Supervisor's Appt

¨

Tax Receiver's Appt

¨

Rescinded

¨

Town Clerk's Appt

¨

Supt Hgwys Appt

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No Action

¨

Lost

 

 

Yes/Aye

No/Nay

Abstain

Absent

James Dinizio Jr

 

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William P. Ruland

 

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Jill Doherty

 

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Robert Ghosio

 

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Louisa P. Evans

 

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Scott A. Russell

 

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2018-968

CATEGORY:                            Employment - FIFD

DEPARTMENT:              Accounting

 

Appoint Steven Conary 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.

ü Vote Record - Resolution RES-2018-968

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Adopted

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Adopted as Amended

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Defeated

¨

Tabled

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Withdrawn

¨

Supervisor's Appt

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Tax Receiver's Appt

¨

Rescinded

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Town Clerk's Appt

¨

Supt Hgwys Appt

¨

No Action

¨

Lost

 

 

Yes/Aye

No/Nay

Abstain

Absent

James Dinizio Jr

 

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William P. Ruland

 

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Jill Doherty

 

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Robert Ghosio

 

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Louisa P. Evans

 

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Scott A. Russell

 

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2018-969

CATEGORY:                            Budget Modification

DEPARTMENT:              Police Dept

 

2018 Budget Modification- Police Department

Financial Impact:

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                                          Total              $4,830

ü Vote Record - Resolution RES-2018-969

¨

Adopted

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Adopted as Amended

¨

Defeated

¨

Tabled

¨

Withdrawn

¨

Supervisor's Appt

¨

Tax Receiver's Appt

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Rescinded

¨

Town Clerk's Appt

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Supt Hgwys Appt

¨

No Action

¨

Lost

 

 

Yes/Aye

No/Nay

Abstain

Absent

James Dinizio Jr

 

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William P. Ruland

 

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Jill Doherty

 

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Robert Ghosio

 

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Louisa P. Evans

 

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Scott A. Russell

 

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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.

ü Vote Record - Resolution RES-2018-970

¨

Adopted

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Adopted as Amended

¨

Defeated

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Tabled

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Withdrawn

¨

Supervisor's Appt

¨

Tax Receiver's Appt

¨

Rescinded

¨

Town Clerk's Appt

¨

Supt Hgwys Appt

¨

No Action

¨

Lost

 

 

Yes/Aye

No/Nay

Abstain

Absent

James Dinizio Jr

 

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¨

¨

William P. Ruland

 

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¨

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Jill Doherty

 

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Robert Ghosio

 

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Louisa P. Evans

 

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Scott A. Russell

 

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2018-971

CATEGORY:                            Ratify Fishers Island Reso.

DEPARTMENT:              Fishers Island Ferry District

 

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

ü Vote Record - Resolution RES-2018-971

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Adopted

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Adopted as Amended

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Defeated

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Tabled

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Withdrawn

¨

Supervisor's Appt

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Tax Receiver's Appt

¨

Rescinded

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Town Clerk's Appt

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Supt Hgwys Appt

¨

No Action

¨

Lost

 

 

Yes/Aye

No/Nay

Abstain

Absent

James Dinizio Jr

 

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William P. Ruland

 

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¨

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Jill Doherty

 

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Robert Ghosio

 

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¨

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Louisa P. Evans

 

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Scott A. Russell

 

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¨

 

 

 

2018-972

CATEGORY:                            Budget Modification

DEPARTMENT:              Accounting

 

2018 Budget Modification- Central Garage

Financial Impact:

Transfer funds 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

                           

To:

A.1640.4.400.650              Central Garage, Vehicle Repairs              $2,000                                          Total              $2,000

ü Vote Record - Resolution RES-2018-972

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Adopted

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Adopted as Amended

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Defeated

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Tabled

¨

Withdrawn

¨

Supervisor's Appt

¨

Tax Receiver's Appt

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Rescinded

¨

Town Clerk's Appt

¨

Supt Hgwys Appt

¨

No Action

¨

Lost

 

 

Yes/Aye

No/Nay

Abstain

Absent

James Dinizio Jr

 

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¨

William P. Ruland

 

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¨

¨

¨

Jill Doherty

 

¨

¨

¨

¨

Robert Ghosio

 

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¨

¨

¨

Louisa P. Evans

 

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¨

¨

Scott A. Russell

 

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¨

 

 

 

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).

ü Vote Record - Resolution RES-2018-973

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Adopted

¨

Adopted as Amended

¨

Defeated

¨

Tabled

¨

Withdrawn

¨

Supervisor's Appt

¨

Tax Receiver's Appt

¨

Rescinded

¨

Town Clerk's Appt

¨

Supt Hgwys Appt

¨

No Action

¨

Lost

 

 

Yes/Aye

No/Nay

Abstain

Absent

James Dinizio Jr

 

¨

¨

¨

¨

William P. Ruland

 

¨

¨

¨

¨

Jill Doherty

 

¨

¨

¨

¨

Robert Ghosio

 

¨

¨

¨

¨

Louisa P. Evans

 

¨

¨

¨

¨

Scott A. Russell

 

¨

¨

¨

¨

 

 

 

2018-974

CATEGORY:                            Contracts, Lease & Agreements

DEPARTMENT:              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. 

ü Vote Record - Resolution RES-2018-974

¨

Adopted

¨

Adopted as Amended

¨

Defeated

¨

Tabled

¨

Withdrawn

¨

Supervisor's Appt

¨

Tax Receiver's Appt

¨

Rescinded

¨

Town Clerk's Appt

¨

Supt Hgwys Appt

¨

No Action

¨

Lost

 

 

Yes/Aye

No/Nay

Abstain

Absent

James Dinizio Jr

 

¨

¨

¨

¨

William P. Ruland

 

¨

¨

¨

¨

Jill Doherty

 

¨

¨

¨

¨

Robert Ghosio

 

¨