Elizabeth A. Neville                            Town Hall, 53095 Main Road

              TOWN CLERK                            PO Box 1179

                                          Southold, NY  11971

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              MARRIAGE OFFICER                            Telephone: (631) 765 - 1800

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OFFICE OF THE TOWN CLERK
SOUTHOLD TOWN BOARD

Regular Meeting

 

November 8, 2017
7:00 PM

 

A Regular Meeting of the Southold Town Board was held Wednesday, November 8, 2017 at the Meeting Hall, Southold, NY.

Call to Order

7:00 PM Meeting called to order on November 8, 2017 at Meeting Hall, 53095 Route 25, Southold, NY.

 

Attendee Name

Organization

Title

Status

Arrived

James Dinizio Jr

Town of Southold

Councilman

Present

 

William P. Ruland

Town of Southold

Councilman

Present

 

Jill Doherty

Town of Southold

Councilwoman

Present

 

Robert Ghosio

Town of Southold

Councilman

Present

 

Louisa P. Evans

Town of Southold

Justice

Present

 

Scott A. Russell

Town of Southold

Supervisor

Present

 

Elizabeth A. Neville

Town of Southold

Town Clerk

Present

 

William M Duffy

Town of Southold

Town Attorney

Present

 

I. Reports

1.              Building Department Monthly Report

2.              Zoning Board of Appeals Monthly Report

3.              Programs for the Disabled Monthly Report

4.              Recreation Department Monthly Report

5.              Department of Public Works Monthly Report

6.              Town Clerk Reports

II. Public Notices

1.              US Army Corps of Engineers

III. Communications

IV. Discussion

1.              9:00 Am - John Sepenoski

2.              9:15 Am - Jeff Standish, Tim Abrams and Jim Bunchuck

3.              9:45 Am - Denis Noncarrow

4.              9:30 Am - Denis Noncarrow, Rona Smith and Damon Hagan

5.              Amendments to Chapter 280-13 – Zoning, Use Regulations

6.              10:00 Am - Amy Folk

7.              Motion To:              Motion to Enter Executive

RESOLVED that the Town Board of the Town of Southold hereby Enter into Executive Session at 10:31AM for the purpose of discussing the following matters:

 

Potential Property Acquisition(S), Publicity of Which Would Substantially Affect the Value Thereof

 

Labor- Matters Involving the Employment of a Particular Person(S)

 

Litigation- Town of Southold V. Vineyard 48

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              Louisa P. Evans, Justice

SECONDER:              William P. Ruland, Councilman

AYES:              Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell

8.              EXECUTIVE SESSION - Potential Property Acquisition(S), Publicity of Which Would Substantially Affect the Value Thereof

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

10.              EXECUTIVE SESSION - Litigation- Town of Southold V. Vineyard 48

11.              Motion To:              Motion to Exit Executive

RESOLVED that the Town Board of the Town of Southold hereby Exit/Recess from this Executive Session at 1:49 PM.

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              Louisa P. Evans, Justice

SECONDER:              Jill Doherty, Councilwoman

AYES:              Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell

12.              Motion To:              Recess 9:00 AM meeting

RESOLVED that the Town Board of the Town of Southold hereby Recess this 9:00 AM meeting of the Town Board at 1:49 PM until the 4:00PM & 7:00PM Public Hearings and the  Regular 7:00PM Meeting of the Southold Town Board.

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              William P. Ruland, Councilman

SECONDER:              Jill Doherty, Councilwoman

AYES:              Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell

Pledge to the Flag

              Motion To:              Reconvenes 9:00 AM meeting

RESOLVED that the Town Board of the Town of Southold hereby reconvenes the 9:00 AM meeting of the Southold Town Board at this 4:00PM Public Hearing on the Budget of the Southold Town Board.

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              Scott A. Russell, Supervisor

SECONDER:              William P. Ruland, Councilman

AYES:              Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell

              Motion To:              Motion to recess to Public Hearing

RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed at 4:00 pm in order to hold a public hearing on the 2018 Preliminary Town Budget and Capital Budget.

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              Louisa P. Evans, Justice

SECONDER:              William P. Ruland, Councilman

AYES:              Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell

Public Hearings

              Robert Ghosio, Jr.

COUNCILMAN GHOSIO:  NOTICE IS HEREBY GIVEN that the Preliminary Budget and Preliminary Capital Budget of the Town of Southold, Suffolk County, New York for the fiscal year beginning on January 1, 2018 has been prepared and approved by the Southold Town Board and filed in the Office of the Town Clerk at the Southold Town Hall, 53095 Main Road, Southold, New York, where they are available for inspection and where copies may be obtained by any interested person during business hours.

 

FURTHER NOTICE IS HEREBY GIVEN, that the Town Board of the Town of Southold will meet and review said 2018 Preliminary Budget and 2018 Preliminary Capital Budget and hold a public hearing thereon at the Southold Town Hall, 53095 Main Road, Southold, New York, in said Town at 4:00 p.m. and at 7:00 p.m., on Wednesday, November 8, 2017, and at such hearing any persons may be heard in favor of or against the 2018 Preliminary Budget and 2018 Preliminary Capital Budget as compiled, or for or against any item or items therein contained.

 

FURTHER NOTICE IS HEREBY GIVEN that pursuant to Section 108 of the Town Law, the following are proposed yearly salaries of members of the Town Board, the Town Clerk, the Superintendent of Highways, Tax Receiver, Assessors, and Trustees:

 

SCHEDULE OF SALARIES OF ELECTED OFFICIALS

(ARTICLE 8 OF TOWN LAW)

Officer

Supervisor               $ 108,637

Members of the Town Board (4) @               35,780

Town Justice and Member of the Town Board, Fishers Island               54,562

Town Justices (2) @               73,190

Town Clerk               104,676

Superintendent of Highways               108,636

Tax Receiver               40,842

Assessors (3) @               78,241

Trustees (5) @               19,758

 

SUMMARY OF TOWN BUDGET

2018 PRELIMINARY

 

 

 

 

 

 

 

 

Appropriations

Less:

Less:

 

 

 

and Provisions

Estimated

Unexpended

Amount to be

Code

Fund

for Other Uses

Revenues

Balance

Raised by Tax

A

General

$    32,247,813

$  5,055,882

$  1,025,000

$   26,166,931

B

General-Outside Village

         2,725,886

     1,839,898

        150,000

           735,988

DB

Highway Fund

         6,701,167

        536,834

          60,000

        6,104,333

CD

Community Development

             30,000

         30,000

                 -  

 

CM

Community Preservation Fund

       17,060,000

     7,130,000

     9,930,000

 

CS

Risk Retention Fund

           545,000

        545,000

                 -  

 

Total-Town

 

$    59,309,866

$15,137,614

$ 11,165,000

$   33,007,252

 

 

 

 

 

 

DB1

Orient Road Improvement District

$                   -

$               -

$                -

 

SF

East-West Fire Protection District

           785,517

              250

                 -  

           785,267

SM

Fishers Island Ferry District

         3,892,780

     3,066,640

                 -  

           826,140

SR

Solid Waste Management District

         4,028,449

     1,969,800

          60,000

        1,998,649

SS1

Southold Wastewater District

                      -

                  -

                 -  

 

SS2

Fishers Island Sewer District

             31,950

         31,950

                 -  

                     -

 

F.I. Waste Management District

           908,975

         53,400

                 -  

           855,575

 

Orient Mosquito District

             93,000

                  -

                 -  

            93,000

Subtotal-Special Districts

 

$      9,740,671

$  5,122,040

$       60,000

$     4,558,631

 

 

 

 

 

 

 

Orient-East Marion Park District

$          51,000

$               -

$       10,000

$          41,000

 

Southold Park District

           327,726

                  -

                   -

           327,726

 

Cutchogue-New Suffolk Park Dist.

           130,000

                  -

                   -

           130,000

 

Mattituck Park District

           784,000

         51,000

        450,000

           283,000

Subtotal-Park Districts

$      1,292,726

$       51,000

$     460,000

$        781,726

 

 

 

 

 

 

 

Fishers Island Fire District

$         423,500

$             15

$                -

$        423,485

 

Orient Fire District

           716,405

         70,150

                   -

           646,255

 

East Marion Fire District

           619,700

        107,600

                   -

           512,100

 

Southold Fire District

         1,942,750

         25,656

                   -

        1,917,094

 

Cutchogue Fire District

         1,600,095

           1,000

                   -

        1,599,095

 

Mattituck Fire District

         1,984,237

                  -

                   -

        1,984,237

Subtotal-Fire Districts

$      7,286,687

$     204,421

$                -

$     7,082,266

 

 

 

 

 

 

Total-All Districts

$    18,320,084

$  5,377,461

$     520,000

$   12,422,623

 

 

 

 

 

 

Grand Totals

$    77,629,950

$20,515,075

$ 11,685,000

$   45,429,875

 

I do have here an affidavit that this has been noticed and put on the Town Clerk’s bulletin board and I also have here a copy of the legal notice where it was published in the Suffolk Times, November 2, 2017.  That’s it. 

              Supervisor Scott A. Russell

SUPERVISOR RUSSELL:  I am going to invite anybody up that would like to comment on this particular hearing, town budget?  Robert?  Yes, please.

              Robert Dunn, Peconic

ROBERT DUNN:  Robert Dunn.  I am the only one here.  I will make the same comment I  made two or three years ago, I think your salaries are lower.  When you consider comparatively speaking, you and spoke, Scott, some weeks ago about an article in Newsday that presented a rather unfair picture about salaries and the headline started out with Southold’s paying too many salaries over $100K and then it ended with a little blurb about the supervisor’s salaries of various towns throughout Long Island and you were third from the bottom, that was kind of impartial because they weren’t presenting the fact that we have our own police force and most towns don’t but my point is that no one was saying that our executive salaries are some of the lowest in the county and speaking for all of you, I have seen Jim on the weekend sticking grass in New Suffolk I have seen both Bob and Scott over in the Hamptons, take four, five hours to get to out of normal hours.  It’s not a job that’s twice a month.  I know Judge Evans, although I don’t have a lot of knowledge over there, aside from her responsibilities as a Board member and a judge, she’s probably the de facto government over there in that she can’t walk the streets if someone is coming and I just know that from hearing conversations.  So everyone is putting in a lot of hours, these aren’t twice a month jobs and certainly your job is full-time in addition to the hours you put in outside.  I don’t think it would be absurd to sit down with people and come up with a reasonable adjustment.  You have got to live in the real world.  We live in a very expensive part of the world and I don’t know that the job should be a sacrifice. 

 

COUNCILWOMAN DOHERTY:  Thank you. 

 

SUPERVISOR RUSSELL:  While you brought the issue up about salaries and I know Newsday focused on salaries, I think what we have to get in the habit of doing when we talk about salaries, we really need to talk about total compensation.  I appreciate everything you said with regard to our salaries but even when we are discussing the work force, we have to look at total compensation, total costs, total benefits.  We need to start talking about that healthcare counts as compensation.  My car that I use, the town car, counts as compensation.  So, yes, so people understand what the cost drivers are here when your medical insurance goes up 8 or 9 or 10 percent, I think the current coverage is about $29,000 per family.  That’s substantial compensation and we always need to factor that back in.  retirement costs, retirement contributions, all of those things.  I don’t think we do enough of that and I think Newsday should do a little more of a thorough job in the future and do that.  Get a better, more complete future.  I was remiss for any of the people that are watching, which I am going to guess are around three, Kristie Hightower is our new town Comptroller.  Kristie is instrumental person in helping create this budget.  Obviously I couldn’t have done it without her.  She’s fairly new but I tell you, she’s figured this town out and the finances of this town out very quickly.  So thank you, Kristie.  I believe the actual tax increase, I am sorry, the tax increase for what would appear on your bills would be about 1.77, it differs a little bit from the budget I presented to them. If you want to talk about the changes, feel free.  Otherwise we can do it at 7:00. 

 

              Councilman William P. Ruland

COUNCILMAN RULAND:  I think what we should talk about is what it takes to have brought the budget to this point, in other words bringing it to the public hearing.  There’s been a number of meetings that many of us have been a part of and they were way more than Scott described between Supervisor and Comptroller and her staff and I think that we should never forget what it takes to put something like this together and then once it’s put together and once it’s finally adopted, what it takes to make it work.  Because your budget in every case is your best estimate of what it’s going to cost.  There are fixed costs and the Supervisor was speaking about healthcare, while we consider it a fixed cost, when it goes up 20% or more in just two or three years it’s not very fixed and the only thing we may know is that it’s going to cost you X amount more the following year but how you come to offset that with a revenue is another thing altogether and  I think we all would agree that being fiscally conservative in something that you are asking people that have no choice but to pay because it’s part of their tax bill, we need to be very, very careful what in fact we bring forth.  One of the things I see that is very encouraging is the amount of detail that has been involved in determining what these best estimates are going to be.  And then knowing that if you put a line in your budget for unallocated contingencies, that will in fact service you for the entire year if there are one or more hiccups that come along and there are always hiccups.  We would be very foolish is we thought that we would go from January 1st to December 31st and not have one hiccup that we didn’t plan on.  It can’t be avoided and how we deal with that, we have learned in the past, we know where we are today and it helps us as we go forward till tomorrow.  So that said, Mr. Supervisor, I offer to you my thanks.  I know the amount of heartburn and angst that goes into these repeated department meetings, department head meetings, re-meetings with the departments, looking into the budgets and saying, you know, we are going to have to try and enact some more savings out of this budget because that section is just a little too much and coming up with the results we have today.  so I offer you my thanks, I think that what’s presented so far is responsible and I am looking forward to moving ahead. 

 

              Supervisor  Russell

SUPERVISOR RUSSELL:  I also want to mention, I want to thank the department heads, going over the budget with each of them.  They each submit a budget to me which is a budget request, not one department head asked me for anything that was unreasonable. Everything they asked for was reasonable.  We said no to a lot of those things but no one came in with a pie in the sky notion that they wanted to spend all of this money that wasn’t essential. 

              Robert Dunn

MR. DUNN:  Part of that what you just said is because you guys kind of set a level of expectation of what people can get.  I think that the departments, everyone here, kind of works with that, that we are not going to go crazy.  I mean, I was involved in another government up west and people just ask for millions each year, it was just kind of throwing a number at a wall hoping to get some of it.  That kind of thing doesn’t seem to happen here from what I can see.  And having been involved with a few of the departments.  I can see the way they approach their things because that is what is expected of them, it’s not just a bottomless pit, the money.  And can I just ask, how does the Greenport thing work in? They have their own budget. 

 

SUPERVISOR RUSSELL:  The village, yes, basically there is a whole town budget and part town budget. Part town would be for the town excluding the village of Greenport.  The whole town budget would, which would include…

 

MR. DUNN: So they pay a tax to the town like we pay a tax to the county. 

 

SUPERVISOR RUSSELL:  Yes, they pay taxes, they are Southold town residents so they pay taxes too but generally the zoning, planning, building and more recently highway, they are excluded paying taxes to.  Those are the functions they have at their local level. 

 

MR. DUNN: Thank you. 

              Councilman Ghosio

COUNCILMAN GHOSIO: Just going back to something that Robert was saying about the department heads, what I find really heartening, even though they have that expectation when they come in to talk to us about their budget, it’s the passion about their program.  Of course, it’s focused in on what they do and what their department does and they try to work within a certain amount of money but they are passionate about what they are trying to focus on and trying to do in their department and I think that’s, it’s the one time during the year where we really do get to sit down with them and go over just about everything that they are doing.  I find that their work and their passion is tremendous.  So there is a lot of work in putting their budget together, so I appreciate the work they do. 

              Supervisor Russell

SUPERVISOR RUSSELL:  Anybody else?  (No response)

              Motion To:              Adjourn Public Hearing

RESOLVED that this public hearing of the Southold Town Board be and hereby is declared adjourned at 4:14P.M. to be reconvened at the 7:00PM Regular Meeting.

                            *                            *                            *                            *                            *

 

 

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              Louisa P. Evans, Justice

SECONDER:              William P. Ruland, Councilman

AYES:              Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell

Pledge to the Flag

              Motion To:              Reconvenes 9:00 AM meeting

RESOLVED that the Town Board of the Town of Southold hereby reconvenes the 4:00 PM public hearing of the Southold Town Board at this ­7:00 PM Regular Meeting of the Southold Town Board.

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              Scott A. Russell, Supervisor

SECONDER:              William P. Ruland, Councilman

AYES:              Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell

              Motion To:              Motion to recess to Public Hearing

RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed at 7:01 PM  in order to reconvene the public hearing on the 2018 Preliminary Budget and Capital Budget.

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              Louisa P. Evans, Justice

SECONDER:              Jill Doherty, Councilwoman

AYES:              Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell

              Councilman Robert Ghosio, Jr.

COUNCILMAN GHOSIO:  NOTICE IS HEREBY GIVEN that the Preliminary Budget and Preliminary Capital Budget of the Town of Southold, Suffolk County, New York for the fiscal year beginning on January 1, 2018 has been prepared and approved by the Southold Town Board and filed in the Office of the Town Clerk at the Southold Town Hall, 53095 Main Road, Southold, New York, where they are available for inspection and where copies may be obtained by any interested person during business hours.

 

FURTHER NOTICE IS HEREBY GIVEN, that the Town Board of the Town of Southold will meet and review said 2018 Preliminary Budget and 2018 Preliminary Capital Budget and hold a public hearing thereon at the Southold Town Hall, 53095 Main Road, Southold, New York, in said Town at 4:00 p.m. and at 7:00 p.m., on Wednesday, November 8, 2017, and at such hearing any persons may be heard in favor of or against the 2018 Preliminary Budget and 2018 Preliminary Capital Budget as compiled, or for or against any item or items therein contained.

 

FURTHER NOTICE IS HEREBY GIVEN that pursuant to Section 108 of the Town Law, the following are proposed yearly salaries of members of the Town Board, the Town Clerk, the Superintendent of Highways, Tax Receiver, Assessors, and Trustees:

 

SCHEDULE OF SALARIES OF ELECTED OFFICIALS

(ARTICLE 8 OF TOWN LAW)

Officer

Supervisor               $ 108,637

Members of the Town Board (4) @               35,780

Town Justice and Member of the Town Board, Fishers Island               54,562

Town Justices (2) @               73,190

Town Clerk               104,676

Superintendent of Highways               108,636

Tax Receiver               40,842

Assessors (3) @               78,241

Trustees (5) @               19,758

 

The summary of the budget is also here and can be examined at any time in the Town Clerk’s office.  I do have an affidavit that this has been posted on the Town Clerk’s bulletin board and I have a copy that this has appeared in the Suffolk Times. 

              Supervisor Scott A. Russell

SUPERVISOR RUSSELL:  I am going to invite anybody that would like to address the Town Board on the proposed budget for 2018 to please feel free?  (No response) One thing I will clarify, this budget does not set the salaries for elected officials, the numbers that are read were actually budgeted numbers.  The salaries will not be set until after the organizational meeting after the first of the year.  This is simply for budgeting purposes to include money, that would represent the ceiling on how high the salaries could go but again, we haven’t set them yet. 

 

COUNCILMAN GHOSIO:  After the hearing, do we have the opportunity to make changes if we feel it’s appropriate or no? 

 

SUPERVISOR RUSSELL:  That’s going to be difficult to do, I think at this stage of the game because…

 

JUSTICE EVANS:  I think it’s unlikely we would do that but (inaudible)…

 

COUNCILMAN RULAND:  Of course, (inaudible) we’d need to change it. 

 

JUSTICE EVANS:  We know we have one change already but that’s the capital budget, from Human Resources. 

              Supervisor Russell

SUPERVISOR RUSSELL:  Okay.  Nobody?  (No response)

              Adopt  Preliminary  2018 Budget & Set Public Hearing

This public hearing was declared CLOSED at 7:05 pm

RESULT:              CLOSED [UNANIMOUS]

MOVER:              Louisa P. Evans, Justice

SECONDER:              William P. Ruland, Councilman

AYES:              Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell

              Motion To:              Reconvenes 9:00 AM meeting

RESOLVED that the Town Board of the Town of Southold hereby reconvenes the 9:00 AM meeting of the Southold Town Board at 7:05PM at this 7:00PM Regular Meeting of the Southold Town Board.

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              Scott A. Russell, Supervisor

SECONDER:              William P. Ruland, Councilman

AYES:              Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell

Opening Comments

              Supervisor Russell

SUPERVISOR RUSSELL:  Would anybody like to address the Town Board on any of the agenda items?  (No response)

V. Resolutions

 

2017-918

CATEGORY:                            Audit

DEPARTMENT:              Town Clerk

 

Approve Audit

 

RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated November 8 2017.

ü Vote Record - Resolution RES-2017-918

þ

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

Voter

þ

¨

¨

¨

William P. Ruland

Voter

þ

¨

¨

¨

Jill Doherty

Voter

þ

¨

¨

¨

Robert Ghosio

Seconder

þ

¨

¨

¨

Louisa P. Evans

Mover

þ

¨

¨

¨

Scott A. Russell

Voter

þ

¨

¨

¨

 

 

 

2017-919

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 21, 2017 at Southold Town Hall, 53095 Main Road, Southold, New York at 4:30 P. M..

ü Vote Record - Resolution RES-2017-919

þ

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

Voter

þ

¨

¨

¨

William P. Ruland

Voter

þ

¨

¨

¨

Jill Doherty

Voter

þ

¨

¨

¨

Robert Ghosio

Seconder

þ

¨

¨

¨

Louisa P. Evans

Mover

þ

¨

¨

¨

Scott A. Russell

Voter

þ

¨

¨

¨

 

 

 

2017-915

Tabled 10/24/2017 7:30 PM

CATEGORY:                            Enact Local Law

DEPARTMENT:              Town Clerk

 

Enact L L Chapter 275 Coastal Contractor Licensing

 

WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 29th  day of August, 2017, a Local Law entitled “A Local Law in relation to Amendments to Chapter 275, Wetlands and Shoreline, in connection with Coastal Contractor Licensing” 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 will be 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 Amendments to Chapter 275, Wetlands and Shoreline, in connection with Coastal Contractor Licensing” reads as follows:

 

LOCAL LAW NO. 16 of 2017

 

A Local Law entitled, “A Local Law in relation to Amendments to Chapter 275, Wetlands and Shoreline, in connection with Coastal Contractor Licensing”.

 

BE IT ENACTED by the Town Board of the Town of Southold as follows:

 

I.              Purpose.

In order to continue to protect the natural state of the shorelines and wetlands within the Town of Southold, it is the purpose of these amendments to provide herein for a strengthened system of local licensing of marine contractors in order to more fully protect homeowners and responsible marine contractors alike.

 

II.              Chapter 275 of the Code of the Town of Southold is hereby amended as follows:

 

§ 275-2.  Definitions; word usage.

COASTAL CONSTRUCTION - The repair, modification, re-construction or new construction of structures including but not limited to bulkheads, docks, floats, jetties, groins, catwalks, stairways, decks, revetments, any erosion or water control device.  Included in this definition is landscape design, landscape architecture, the installation or maintenance of lawns, hedges, trees and other plantings or structural elements such as patios, decks, retaining walls, in-ground irrigation systems, or other work in and around wetland areas which requires a permit pursuant to this Chapter entitled Wetlands and Shorelines or Chapter 111 Coastal Erosion Hazard Areas of the Town Code.

 

COASTAL CONTRACTOR - A person who carries out, engages in, undertakes or holds himself out to others as performing or available to perform coastal construction.

 

§ 275-3(a) Licensing of Coastal Contractors.

A.              Commencing January 1, 2018 it shall be unlawful for any person to engage in coastal construction in the Town of Southold without first obtaining a license from the Southold Town Clerk’s Office in accordance with the provisions of this Chapter. Such license or a copy thereof shall be available at all of the contractor’s work sites and shall be produced to any official having jurisdiction upon demand.  Licenses for coastal contractors are non-transferable.

B.              Exceptions.

No license shall be required for the following:

(1)              An individual who engages in coastal construction on their own residential property.  This exception shall not apply to  corporations, limited liability companies or other unincorporated business entities.

(2)              An individual who performs labor or services for a licensed coastal contractor for wages or salary.

(3)              An architect, professional engineer, land surveyor or any other person who is required by state or Town law to attain standards of competency or experience as a prerequisite to engaging in such craft or profession and who is acting exclusively within the scope of the craft or profession for which he is currently licensed.

(4)              Any municipality or government agency.

C.              Fees.

(1)              The fee for a coastal contractor’s license shall be set by the Town Board, and shall be paid upon the filing of each application.  A license issued hereunder shall be for a period of one year from the date of issuance thereof.

D.              Insurance required.

A coastal contractor shall have a certificate of insurance and workers compensation insurance covering liability upon applying for a coastal contractor’s license and shall maintain such policy during the period the license is in effect.  In addition to the above coastal contractors must provide proof of an issued Suffolk County Contractors license where applicable.  Failure to maintain said coverage will provide grounds for revocation of the license pursuant to § 275-3a(E).

E.              Acknowledgement of Town Law Compliance

All applicants for a coastal contractors license shall be required to read, review and provide an acknowledgement that they are on affirmative notice of Chapters 111 and 275 of the Town Code and agree to abide by the requirements set forth therein.  They must further acknowledge that failure to do so may result in the revocation of the coastal contractors license.

F.              Revocation of license.

(1)              Licenses issued under the provisions of this chapter may be revoked by resolution of the Board of Trustees upon notice and hearing before the Board of Trustees.

(2)              Licenses may be revoked for failure of contractors to abide by the terms and conditions of Trustee Permits and/or violations of Section 275 of the Town Code.

(3)              Notice of the hearing before the Board of Trustees for revocation of a license shall be given in writing, setting forth the grounds of the complaint and the time and place of hearing.

(4)              Grounds for a hearing shall be a conviction for a violation of section 275-5 or 275-11 of the Town Code

(5)              Such notice shall be sent by certified mailing to the address provided in the application for the license on file in the Town Clerk’s Office, or, in the alternative, to the license holder’s last known address.  Such notice must be mailed at least five days prior to the date of the hearing.

(6)              At the conclusion of said hearing, the Board of Trustees may, at their discretion, suspend or revoke the license or take no action.

(7)              In the event of two or more suspensions the Trustees may move to permanently bar the holder from license eligibility.

(8)              In addition to the revocation hearing, a violation of the provisions of this chapter may be separately maintained in the Town Justice Court in accordance with § 275-16.

§ 275-16. Compliance requirements; penalties for offenses. 

                            For each offense against any of the provisions of this chapter or any regulations made

              pursuant thereto, or failure to comply with a written notice or order of any Director of

              Code Enforcement, Zoning Inspector, or Bay Constable within the time fixed for

              compliance therewith, the owner, occupant, builder, architect, contractor or their

              agents or any other person who commits, takes part or assists in the commission of

              any such offense or who shall fail to comply with a written order or notice of the

              Director of Code Enforcement, Zoning Inspector, or Bay Constable shall be subject to

              the following fine schedule. Each day on which such violation occurs may constitute

              a separate, additional offense.[Amended 12-18-2007 by L.L. No. 23-2007; 3-23-2010 by L.L. No. 1-2010]

              (1)              Failure to obtain a permit. Any person conducting operations within the

                            jurisdiction of the Trustees without first obtaining a permit according to the

                            procedures outlined in this chapter shall be subject to a fine of not less than

                            $1,000 and not more than $4,000 $6,000 or a term of imprisonment of not less

                            than 15 days nor more than six months, or both.

              (2)              Failure to comply with the terms of a permit.

                            (a)              Any person failing to comply with the terms of a permit shall be subject to

                                          a fine of not less than $500 $1,000 and not more than $4,000 $6,000. For

                                          each subsequent offense, the violator shall be guilty of a misdemeanor

                                          punishable by a fine not less than $1,000 $2,000 nor more than $7,500

                                          $10,000 or a term of imprisonment of not less than 15 days nor more than

                                          six months, or both.

                            (b)              Any person failing to comply with posting the permit and/or the

                                          requirement for supporting plans to be available for immediate inspection

                                          pursuant to § 275-10 shall be subject to a fine of not more than $1,000.

              (3)              Failure to heed a stop-work order. Any person conducting operations in direct

                            contradiction to the terms of a stop-work order shall be subject to a fine of not less

                            than $1,000 and not more than $4,000 $6,000. For each subsequent offense, the

                            violator shall be guilty of a misdemeanor punishable by a fine not less than

                            $1,000 $2,000 nor more than $7,500 $10,000 or a term of imprisonment of not

                            less than 15 days nor more than six months, or both.

              (4)              Restoration. In lieu or in addition to these punishments, any offender may be

                            punished by being ordered to restore the affected wetland to its condition prior to

                            the offense. Any such order shall specify a reasonable time for the completion of

                            such restoration, which shall be effected under the supervision of the approving

                            authority. The Trustees reserve the right to require specific replanting and

                            restoration methods including specific survivability and success criteria.

              (5)              Failure to comply with a restoration plan. Any person failing to comply with the

                            terms of a mandated restoration plan as detailed in Subsection B(4) of this section

                            within the proscribed period of time for completion shall be guilty of an offense

                            and subject to a fine of not less than $1,000 and not more than $4,000 $6,000.

              (6)              For the offense of conducting or engaging in any coastal construction project or

                            business without having first obtained a license, or while his license is suspended

                            or revoked, a violator shall be subject to a fine of not more than $5,000 for the

                            first offense and not more than $10,000 for each subsequent offense.

              (6) (7)              Mitigation. When on-site wetlands restoration and creation may be unfeasible due

                            to technical or other constraints, other mitigative measures, such as off-site

                            wetland restoration or creation, may be required.

              (7) (8)              Other offenses. For an offense against any of the provisions of this Chapter not

                            specifically designated above, a violator shall be subject to a fine of not more than

                            $1,000.

 

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 January 1, 2018 after filing with the Secretary of State as provided by law.

ü Vote Record - Resolution RES-2017-915

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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

Mover

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William P. Ruland

Seconder

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Jill Doherty

Voter

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Robert Ghosio

Voter

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Louisa P. Evans

Voter

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Scott A. Russell

Voter

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              Comment regarding resolution 915

SUPERVISOR RUSSELL: Yes, with a clarification.  What, we really noticed that meeting back in August? 

TOWN ATTORNEY DUFFY:  It was held two weeks ago but it was noticed back in August. 

 

2017-916

Tabled 10/24/2017 7:30 PM

CATEGORY:                            Enact Local Law

DEPARTMENT:              Town Clerk

 

Enact LL Parking Chapter 189

 

WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 12th day of September, 2017, a Local Law entitled “A Local Law in relation to Amendments to Chapter 189 Parking, in connection with Town Parking 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 will be 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 Amendments to Chapter 189 Parking, in connection with Town Parking Permits” reads as follows:

 

LOCAL LAW NO. 17 of 2017

 

A Local Law entitled, “A Local Law in relation to Amendments to Chapter 189 Parking, in connection with Town Parking Permits”.

 

BE IT ENACTED by the Town Board of the Town of Southold as follows:

 

I.              Purpose.

 

II.              Chapter 189 of the Code of the Town of Southold is hereby amended as follows:

 

Chapter 189. Parking

Article I. Parking at Beaches

 

§ 189-3. Parking permits.

Parking permits for parking vehicles in the parking areas designated in § 189-2 of this article shall be issued as follows:

 

              A.  Resident parking permit.

                            (1)              A resident parking permit shall be issued by the Town Clerk or a person

                                          designated by him to all persons who are qualified residents of the Town

                                          of Southold. Persons applying for a resident parking permit shall be

                                          requested to sign an application in affidavit form and submit for inspection

                                          the following as proof of residence: [Amended 5-25-1971; 3-25-1975 by

                                          L.L. No. 1-1975; 7-14-1987 by L.L. No. 11-1987]

                                          (a)              A valid tax receipt stub for the current year for any taxable real

                                                        property within the Town of Southold assessed in the name of the

                                                        applicant.

                                          (b)              A valid motor vehicle registration in the name of the applicant and

                                                        to an address located within the Town of Southold or to an address

                                                        corresponding to the address of a validated tax receipt stub for the

                                                        current tax year for any taxable real property within the Town of

                                                        Southold affixed to the application.

                                          (c)              Such other proof of residence as is satisfactory to the Town Clerk.

                            (2)              The Town Clerk or a person designated by the Town Clerk shall inspect

                                          such application to determine that the applicant is a qualified resident of

                                          the Town. Upon approval of the application, a resident parking permit

                                          shall be issued and inscribed with the vehicle license registration number.

                                          Such permit shall not be transferred to any other vehicle. [Amended

                                          3-25-1975 by L.L. No. 1-1975; 12-28-1984 by L.L. No. 10-1984]

                            (3)              Resident parking permits for motor vehicles shall be permanently

                                          affixed to the right side of the front bumper of such vehicle and shall

                                          be valid for the vehicle and an attached trailer.[Amended 5-9-1972;

                                          10-18-1994 by L.L. No. 21-1994]

                            (4)              A Resident Parking Permit shall be valid for two years.  The first two (2)

                                          year permit period shall commence January 1, 2018 and terminate on

                                          December 31, 2019.  Thereafter, a new two (2) year permit period shall

                                          commence on January 1st of every even-numbered year.

                            (5)              The fee for the issuance of a resident parking permit shall be such fee as

                                          shall be prescribed by a resolution of the Southold Town Board.[Added

                                          3-25-1975 by L.L. No. 1-1975]

             

              B.              Lessee parking permit.

                            (1)              A lessee parking permit shall be issued by the Town Clerk or a person

                                          designated by him to all persons who lease or rent property within the

                                          Town of Southold but do not qualify as residents as defined in § 189-3A

                                          hereof. Persons applying for a lessee parking permit shall present an

                                          application in affidavit form, signed by the lessee and the owner of the

                                          property, setting forth:

                                          (a)              The location of the leased or rented property.

                                          (b)              The persons occupying the same.

                                          (c)              The term of such tenancy.

                            (2)               Upon a determination by the Town Clerk or person designated by him that

                                          the applicant is entitled to a lessee parking permit and upon the payment

                                          of the permit fee, such permit shall be issued and inscribed with the

                                          vehicle license registration number and shall be affixed to the vehicle in

                                          the same manner as provided in § 189-3A(3) hereof.

                            (3)              The fee for the issuance of a lessee parking permit shall be such fee as

                                          shall be prescribed by resolution of the Southold Town Board.

             

              C.              Hotel-motel parking permits.

                            (1)              Hotel-motel parking permits shall be issued by the Town Clerk or a person

                                          designated by him to the owners or their designated managers of hotels,

                                          motels, rooming or boarding houses and trailer parks, for use by the

                                          paying guests temporarily residing therein. Persons applying for a

                                          hotel-motel parking permit shall present an application to the Town Clerk

                                          in affidavit form, signed by the applicant, setting forth:

                                          (a)              The number of rental units available at the applicant's premises.

                                          (b)              The number of permits applied for.

                                          (c)              The designated business name, if any, of the premises applied for.

                            (2)              Upon a determination by the Town Clerk or a person designated by him

                                          that the applicant is entitled to such permits and upon payment of the

                                          required permit fee, permits shall be issued; provided, however, that the

                                          number of permits issued shall not exceed the number of rental units

                                          available at the premises applied for. Such permits shall be inscribed with

                                          the name of the applicant or the designated business name of the                                                                       applicant's premises and shall be used only by paying guests occupying

                                          the premises for which such permits are issued.

                            (3)              Hotel-motel parking permits shall be transferable and shall be displayed

                                          on the dashboard on the passenger side of the vehicle. The owner or

                                          manager to whom such permits are issued shall make no charge for the use

                                          of such permits by such guests, but may require a deposit to ensure return

                                          of a permit. [Amended 11-24-1992 by L.L. No. 19-1992]

                            (4)              The fee for the issuance of a hotel-motel parking permit shall be such fee

                                          as shall be prescribed by resolution of the Southold Town Board.

 

              D.              One-day nonresident permits.

                            (1)              One-day nonresident parking permits may be issued for the parking of

                                          vehicles on the parking areas at Southold Town Beach, and Norman E.

                                          Klipp Marine Park and New Suffolk Beach to any person by the attendant

                                          on duty at such parking areas or by the Town Clerk. [Amended 5-9-1972;

                                          4-14-1998 by L.L. No. 5-1998; 7-17-2007 by L.L. No. 17-2007]

                            (2)              Such permit shall be valid only for the day on which the same is issued.

                                          Any permit not fully filled in shall be invalid. [Amended 4-14-1998 by

                                          L.L. No. 5-1998]

                            (3)              The fee for the issuance of a one-day nonresident parking permit shall be

                                          such fee as shall be prescribed by resolution of the Southold Town Board.

             

              E.              Guest permits.

                            [Added 12-28-1982 by L.L. No. 9-1982]

                            (1)              Guest parking permits shall be issued by the Town Clerk or a person

                                          designated by the Town Clerk to all persons who are qualified residents of

                                          the Town of Southold, as defined in § 189-3A hereof, for use by guests

                                          temporarily residing in the dwelling of such resident. A resident applying

                                          for a guest parking permit shall present an application in affidavit form,

                                          signed by the applicant, setting forth the following:

                                          (a)              The location of the property to be occupied by the guests.

                                          (b)              The names and permanent addresses of the guests.

                                          (c)              The length of time of the guest occupancy.

 

                            (2)              Upon a determination by the Town Clerk or person designated by the

                                          Town Clerk that the applicant is entitled to a guest parking permit and

                                          upon the payment of the permit fee, such permit shall be issued and

                                          inscribed with the vehicle license registration number and shall be affixed

                                          to the vehicle in the same manner as provided in § 189-3A(3) hereof.

 

                            (3)              The fee for the issuance of a guest parking permit shall be such fee as shall

                                          be prescribed by a resolution of the Southold Town Board.

 

              F.              Nonresident seasonal beach parking permit. Beach parking permits for

                            nonresidents for the period January 1 through December 31 may be issued by the

                            Town Clerk of the Town of Southold upon application therefor at a sum

                            prescribed by resolution of the Southold Town Board, which annual sum shall

                            include both be for the vehicle only. and boat trailer. [Added 7-14-1987 by L.L.                                           No. 11-1987; amended 10-23-1990 by L.L. No. 21-1990; 10-18-1994 by L.L. No.

                            21-1994; 2-23-1995 by L.L. No. 4-1995]

 

              G.              Trailer Permit. 

              1.              A Trailer Permit shall be required for any trailer used to launch a boat at

                            the boat ramp or road end locations set forth in section 189-2 B or C.

              2.              A Trailer permit shall be required at all times to park a trailer in any of the

                            parking areas designated in sections 189-2 A, B, or C.

              3.              A Trailer Permit shall be issued by the Town Clerk or a person designated

                            by him to all persons who are qualified residents of the Town of Southold.

                            Persons applying for a Trailer Permit shall be required to meet the same

                            requirements set forth in section 189-3 A.

              4.              A trailer Permit shall be affixed to the tongue of the trailer.

              5.              The fee for a Trailer Permit shall be set from time by time by resolution of

                            the Town Board.

 

              H,              Commercial Boat Hauler/Launcher Permit. Any business engaged in the

                            launching of transporting and/or launching boats shall be required to obtain a

                            Commercial Boat Hauler Permit.

                            1.              A Commercial Boat Hauler/Launcher Permit shall only be issued by the

                                          Town Clerk or a person designated by him to an individual or corporate

                                          entity engaged in the business of transporting and/or launching  boats

                                          with a principle place of business located in the Town of Southold.

                            2.              The fee for a Commercial Boat Hauler/Launcher Permit shall be set from

                                          time by time by resolution of the Town Board.

             

              G.I              Night fishing parking permit. For the purpose of ensuring fishermen and shell

                            fishermen parking access to the beaches, creeks and waters within the Town of

                            Southold when such parking access is normally closed (10:00 p.m. to 6:00 a.m.),

                            the following exception to § 189-2G is hereby created: [Added 8-10-2010 by L.L.

                            No. 8-2010]

                            (1)              Night fishing parking permit. A night fishing parking permit shall be

                                          issued by the Town Clerk or a person designated by the Town Clerk to all                                                         persons who hold a resident, lessee or guest parking permit.

                            (2)              Any motor vehicle having a night fishing parking permit shall be deemed

                                          not to be in violation of § 189-2G or § 189-3G where both the night

                                          fishing permit and the resident, lessee or guest parking permit are properly                                           displayed.

                            (3)              The following rules and regulations apply:

                                          (a)              At the time a motor vehicle with a night fishing permit is parked at

                                                        a location during a time in which parking is normally prohibited by

                                                        § 189-2G and § 189-3G, the occupants of the vehicle must have

                                                        fishing equipment and be actively engaged in fishing. The permit

                                                        is nontransferable and valid only for vehicles bearing the license

                                                        plate number on the permit.

                                          (b)              Fees. There shall be no annual fee for night fishing permits.

                                          (c)              Duration of permits. All night fishing permits provided for in this

                                                        section shall expire at the same time as the resident, lessee or guest

                                                        parking permit.

                            (4)              Other regulations. Persons using parking areas pursuant to the provisions

                                          of this               section shall comply with all other laws, ordinances, rules,                                                                       regulations and restrictions thereto

 

II.              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 January 1, 2018 after filing with the Secretary of State as provided by law.

ü Vote Record - Resolution RES-2017-916

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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

Voter

þ

¨

¨

¨

William P. Ruland

Seconder

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¨

¨

¨

Jill Doherty

Mover

þ

¨

¨

¨

Robert Ghosio

Voter

þ

¨

¨

¨

Louisa P. Evans

Voter

þ

¨

¨

¨

Scott A. Russell

Voter

þ

¨

¨

¨

 

 

              Comment regarding resolution 916

JUSTICE EVANS:  I have a question, the commercial boat hauler/launch permit, is that only for businesses that are in the Town? 

 

SUPERVISOR RUSSELL:  Businesses that are established in Southold Town. 

 

COUNCILWOMAN DOHERTY:  Yes. 

 

2017-920

CATEGORY:                            Budget Modification

DEPARTMENT:              Public Works

 

Telephone Line

Financial Impact: Fund Telephone account for over extended telephone line and remainder of 2017

 

RESOLVED that the Town Board of the Town of Southold hereby modifies the 2017 General Fund Whole Town; Building & Grounds budget as follows:

 

From:

A.1620.4.400.600              Equipment Maint./Repair              $3,000                                          Total              $3,000

                           

To:

A.1620.4.200.100              Utilities/Telephone              $3,000                                          Total              $3,000

ü Vote Record - Resolution RES-2017-920

þ

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

Voter

þ

¨

¨

¨

William P. Ruland

Mover

þ

¨

¨

¨

Jill Doherty

Voter

þ

¨

¨

¨

Robert Ghosio

Voter

þ

¨

¨

¨

Louisa P. Evans

Seconder

þ

¨

¨

¨

Scott A. Russell

Voter

þ

¨

¨

¨

 

 

 

2017-921

CATEGORY:                            Employment - FIFD

DEPARTMENT:              Accounting

 

Accept Resignation of Richard Jenkins

 

RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted September 18, 2017 that accepts the resignation effective August 31, 2017 of Richard Jenkins, Deckhand (FIFD) for the Fishers Island Ferry District.

ü Vote Record - Resolution RES-2017-921

þ

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

Voter

þ

¨

¨

¨

William P. Ruland

Voter

þ

¨

¨

¨

Jill Doherty

Voter

þ

¨

¨

¨

Robert Ghosio

Seconder

þ

¨

¨

¨

Louisa P. Evans

Mover

þ

¨

¨

¨

Scott A. Russell

Voter

þ

¨

¨

¨

 

 

 

2017-922

CATEGORY:                            Surplus Equip - Non Usable

DEPARTMENT:              Trustees

 

Surplus Unusable VHF Radio

 

RESOLVED that the Town Board of the Town of Southold hereby declares the following equipment to be surplus and unusable equipment:  West Marine VHF500DSC radio from Asset #3528.

 

Be it further RESOLVED that the Town Board authorizes and directs the Town Clerk to properly dispose of such equipment.

ü Vote Record - Resolution RES-2017-922

þ

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

Voter

þ

¨

¨

¨

William P. Ruland

Voter

þ

¨

¨

¨

Jill Doherty

Voter

þ

¨

¨

¨

Robert Ghosio

Mover

þ

¨

¨

¨

Louisa P. Evans

Seconder

þ

¨

¨

¨

Scott A. Russell

Voter

þ

¨

¨

¨

 

 

 

2017-923

CATEGORY:                            Attend Seminar

DEPARTMENT:              Building Department

 

Meeting

 

RESOLVED that the Town Board of the Town of Southold hereby grants permission to Electrical Inspector Roger Richert to attend a meeting on Authorizations to Install and Temporary Inspection Certificates in Melville, on November 13, 2017.  All expenses for registration and travel to be a legal charge to the 2017 Building Department budget (meetings and seminars).

ü Vote Record - Resolution RES-2017-923

þ

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

Mover

þ

¨

¨

¨

William P. Ruland

Voter

þ

¨

¨

¨

Jill Doherty

Seconder

þ

¨

¨

¨

Robert Ghosio

Voter

þ

¨

¨

¨

Louisa P. Evans

Voter

þ

¨

¨

¨

Scott A. Russell

Voter

þ

¨

¨

¨

 

 

 

2017-924

CATEGORY:                            Bid Acceptance

DEPARTMENT:              Information Technology

 

Bid for Used IT Equipment

 

WHEREAS the Town Clerk advertised for bid various IT equipment and

 

WHEREAS no bids were received for said equipment, now therefor be it

 

RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs this equipment to be removed from the Town's asset list and destroyed and recycled.

ü Vote Record - Resolution RES-2017-924

¨

Adopted

þ

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

Voter

þ

¨

¨

¨

William P. Ruland

Voter

þ

¨

¨

¨

Jill Doherty

Seconder

þ

¨

¨

¨

Robert Ghosio

Voter

þ

¨

¨

¨

Louisa P. Evans

Mover

þ

¨

¨

¨

Scott A. Russell

Voter

þ

¨

¨

¨

 

 

              Comment regarding resolution 924

COUNCILMAN RULAND:  Second with a question, or discussion, does destroyed include recycled?  In other words, go to the E-Waste? 

 

SUPERVISOR RUSSELL:  I would have to presume so. 

 

COUNCILMAN RULAND:  Maybe we should insist so. 

 

SUPERVISOR RUSSELL:  The E-Waste doesn't recycle equipment, it destroys equipment and then mines it for...

 

COUNCILMAN RULAND:  Yes but someone else does that. 

 

JUSTICE EVANS:  Why don't we change the resolution to recycled or destroyed? 

 

COUNCILMAN RULAND:  That's acceptable to me. 

 

2017-925

CATEGORY:                            Budget Modification

DEPARTMENT:              Information Technology

 

Information Technology - Budget Modification

Financial Impact: Move funds to cover unexpected purchases.  The need has arisen to purchase equipment from accounts that are under funded. Moving these funds will permit the purchase of this equipment.

RESOLVED that the Town Board of the Town of Southold hereby modifies the 2017 Information Technology budget as follows:

 

From:

A.1680.4.400.250              Network & Systems Consultant              $2500.00

A.1680.4.400.425              Router Maintenance              $1000.00

              Total              $3500.00

To:

A.1680.4.400.350              Server Maintenance              $2500.00

A.1680.4.400.420              Network Equipment Maintenance              $1000.00

              Total              $3500.00

ü Vote Record - Resolution RES-2017-925

þ

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

Voter

þ

¨

¨

¨

William P. Ruland

Mover

þ

¨

¨

¨

Jill Doherty

Voter

þ

¨

¨

¨

Robert Ghosio

Voter

þ

¨

¨

¨

Louisa P. Evans

Seconder

þ

¨

¨

¨

Scott A. Russell

Voter

þ

¨

¨

¨

 

 

 

2017-926

CATEGORY:                            Employment - Town

DEPARTMENT:              Accounting

 

2017 Retirement Reporting

 

WHEREAS, the State of New York has set additional reporting requirements in Section 315.4 of the New York Codes, Rules and Regulations which requires all elected and appointed officials whose terms start on or after August 12, 2009, who are members of the New York State and Local Retirement System and who do not participate in their employer’s time keeping system to prepare a log of their work-related activities for three consecutive months and submit their logs to the clerk or secretary of the governing body within 150 days of the start of their term;

NOW THEREFORE, BE IT

 

RESOLVED that the Town Board of the Town of Southold hereby establishes the following as standard workdays for elected and appointed officials and will report the following days worked to the New York State and the Local Employees’ Retirement System based on the record of activities maintained and submitted by these officials to the clerk of this body:

 

Title                            Name                            Standard   Term Begins/  Participates in    Days/Month(based on

                                                        Work                     Ends                   Employer’s         Record of Activities)

                                                        Day                                               Time Keeping             

                                                          (Hrs/day)                                 System

                                                                                         

 

Appointed Official

 

Planning Board Member      

              

                      James H. Rich, III     6        1/1/16-12/31/20      N                 5.38

 

 

BE IT FURTHER RESOLVED, that said standard is being established to meet the accounting requirements of the new York State Employees Retirement System for calculation of retirement benefits, and

 

BE IT FURTHER RESOLVED, that the Town Clerk be and she hereby is authorized to send a certified copy of this resolution to the New York State Employees Retirement System.

ü Vote Record - Resolution RES-2017-926

þ

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

Voter

þ

¨

¨

¨

William P. Ruland

Voter

þ

¨

¨

¨

Jill Doherty

Voter

þ

¨

¨

¨

Robert Ghosio

Seconder

þ

¨

¨

¨

Louisa P. Evans

Mover

þ

¨

¨

¨

Scott A. Russell

Voter

þ

¨

¨

¨

 

 

 

2017-927

CATEGORY:                            Employment - Town

DEPARTMENT:              Accounting

 

Appoint Seasonal Police Officer

 

RESOLVED that the Town Board of the Town of Southold hereby appoints Patrick Robbins to the position of Seasonal Police Officer for the Southold Town Police Department, effective immediately, at a rate of $21.23 per hour.

ü Vote Record - Resolution RES-2017-927

þ

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

Voter

þ

¨

¨

¨

William P. Ruland

Voter

þ

¨

¨

¨

Jill Doherty

Voter

þ

¨

¨

¨

Robert Ghosio

Mover

þ

¨

¨

¨

Louisa P. Evans

Seconder

þ

¨

¨

¨

Scott A. Russell

Voter

þ

¨

¨

¨

 

 

 

2017-928

CATEGORY:                            Employment - Town

DEPARTMENT:              Accounting

 

Place Seasonal Police Officer on Leave of Absence

 

RESOLVED that the Town Board of the Town of Southold hereby immediately places Seasonal Police Officer Patrick Robbins on a leave of absence, pending further action by the Town Board prior to the start of the 2018 summer season.

ü Vote Record - Resolution RES-2017-928

þ

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

Mover

þ

¨

¨

¨

William P. Ruland

Voter

þ

¨

¨

¨

Jill Doherty

Seconder

þ

¨

¨

¨

Robert Ghosio

Voter

þ

¨

¨

¨

Louisa P. Evans

Voter

þ

¨

¨

¨

Scott A. Russell

Voter

þ

¨

¨

¨

 

 

 

2017-929

CATEGORY:                            Grants

DEPARTMENT:              Government Liaison

 

2018 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 2018 Community Development Block Grant Program as follows:

 

Community Action of Southold Town              $ 5,000

 

Maureen’s Haven              $ 5,000

 

Improvements to Recreation and Community Centers              $40,000

(upgrade entrances and parking to ADA standards)

ü Vote Record - Resolution RES-2017-929

þ

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

Voter

þ

¨

¨

¨

William P. Ruland

Seconder

þ

¨

¨

¨

Jill Doherty

Mover

þ

¨

¨

¨

Robert Ghosio

Voter

þ

¨

¨

¨

Louisa P. Evans

Voter

þ

¨

¨

¨

Scott A. Russell

Voter

þ

¨

¨

¨

 

 

 

2017-930

CATEGORY:                            Refund

DEPARTMENT:              Town Clerk

 

Various Clean Up Deposits

 

WHEREAS the following groups have supplied the Town of Southold with a refundable Clean-up Deposit fee, for their events and

 

WHEREAS the Southold Town Police Chief, Martin Flatley, has informed the Town Clerk's office that this fee may be refunded, now therefor be it

 

RESOLVED that Town Board of the Town of Southold hereby authorizes a refund be issued in the amount of the deposit made to the following

 

Name                                                                                    Date Received                             Amount of Deposit

 

Old Town Arts & Crafts Guild                            5/31/17                                          $250.00

PO Box 392

Cutchogue, NY 11935

 

Southold PTA                                                                      10/20/17                                          $250.00

c/o Beth Wineberger

PO Box 470

Southold, NY 11971

 

Oysterponds  UFSD                                                        10/23/17                                          $250.00

23405 Main Road

Orient NY 11957

 

Mattituck Lions Club                                                        9/25/17                                          $250.00

c/o Christopher Salmon

555 Horton Avenue

Mattituck NY 11952

ü Vote Record - Resolution RES-2017-930

þ

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

Voter

þ

¨

¨

¨

William P. Ruland

Mover

þ

¨

¨

¨

Jill Doherty

Seconder

þ

¨

¨

¨

Robert Ghosio

Voter

þ

¨

¨

¨

Louisa P. Evans

Voter

þ

¨

¨

¨

Scott A. Russell

Voter

þ

¨

¨

¨

 

 

 

2017-931

CATEGORY:                            Employment - Town

DEPARTMENT:              Accounting

 

Acknowledges Retirement Robert I Scott Jr.

 

WHEREAS, the Town of Southold has received email notification on November 2, 2017 from the NYS Retirement System concerning the retirement of Robert I Scott Jr. effective Januray 1, 2018 now therefore be it

 

RESOLVED that the Town Board of the Town of Southold hereby acknowledges the intent to retire of Robert I Scott Jr. from the position of Board of Assessors Member for the Town of Southold effective January 1, 2018.

ü Vote Record - Resolution RES-2017-931

þ

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

Voter

þ

¨

¨

¨

William P. Ruland

Voter

þ

¨

¨

¨

Jill Doherty

Seconder

þ

¨

¨

¨

Robert Ghosio

Voter

þ

¨

¨

¨

Louisa P. Evans

Mover

þ

¨

¨

¨

Scott A. Russell

Voter

þ

¨

¨

¨

 

 

              Comment regarding resolution 931

COUNCILMAN RULAND:  Can we add with thanks?  He served a long time. 

 

SUPERVISOR RUSSELL:  Absolutely. Absolutely. 

 

COUNCILWOMAN DOHERTY: Yes, he's been a great asset to the town. 

 

SUPERVISOR RUSSELL: Let me just say, I know I have mentioned this in the past. I would not be sitting here today if it wasn't for Robert Scott, I am sure everybody is going to hold that against him now.  Actually in 1990, I was out here one week working and Bob had mentioned there was a vacancy and he had suggested to me that I put my name in.  I didn't even consider it before because I thought no one would consider me as a candidate for Assessor and he actually did and he encouraged me to put my name in and ultimately I got the nomination in June of 1990 and won election in November 1990 and here I sit, so I owe him a tremendous debt of gratitude. 

 

2017-932

CATEGORY:                            Employment - Town

DEPARTMENT:              Accounting

 

Appoint Elizabeth Hudock Scale Operator

 

RESOLVED that the Town Board of the Town of Southold hereby appoints Elizabeth Hudock to the position of Scale Operator for the Solid Waste Management District, effective November 19, 2017, at the entry level salary of $21.4462 per hour.

ü Vote Record - Resolution RES-2017-932

þ

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

Voter

þ

¨

¨

¨

William P. Ruland

Voter

þ

¨

¨

¨

Jill Doherty

Voter

þ

¨

¨

¨

Robert Ghosio

Mover

þ

¨

¨

¨

Louisa P. Evans

Seconder

þ

¨

¨

¨

Scott A. Russell

Voter

þ

¨

¨

¨

 

 

 

2017-933

CATEGORY:                            Budget Modification

DEPARTMENT:              Solid Waste Management District

 

SWMD Budget Mods

Financial Impact: To cover overdrawn lines; funds for rubber edge for Volvo loader.

 

RESOLVED that the Town Board of the Town of Southold hereby modifies the 2017 Solid Waste Management District budget as follows:

 

From:

SR 8160.1.500.250  Landscaping Equipment              $   500

SR 8160.4.100.566              Maint-CAT Quarry Truck                 325

SR 8160.4.400.665  Repairs-CBI Grinder              500

SR 8160.4.400.682  Ford Tractor Repairs              1,000

              Total              $2,325

                           

To:

SR 8160.1.500.400              Telephone Equipment              $   500

SR 8160.4.100.500  Motor Vehicle Glass              225

SR 8160.4.100.552  Maint/Supply              1,500

SR 8160.4.100.576  Maint/Supply Windrow Turner                  100                                          Total              $2,325

ü Vote Record - Resolution RES-2017-933

þ

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

Mover

þ

¨

¨

¨

William P. Ruland

Seconder

þ

¨

¨

¨

Jill Doherty

Voter

þ

¨

¨

¨

Robert Ghosio

Voter

þ

¨

¨

¨

Louisa P. Evans

Voter

þ

¨

¨

¨

Scott A. Russell

Voter

þ

¨

¨

¨

 

 

 

2017-934

CATEGORY:                            Budget Modification

DEPARTMENT:              Accounting

 

FY 2017 Budget Modification- Engineering

Financial Impact: Corrects budget modification from Resolution 2017-790 on 9/12/2017.  Project revenue and expense being accounted for in the Capital Fund.

 

RESOLVED that the Town Board of the Town of Southold hereby modifies the 2017 General Fund Fund Whole Town budget as follows:

 

Decrease:

A.2770.10              Miscellaneous              $43,295.00                                          Total              $43,295.00

                           

Decrease:

A.1440.4.400.100              Engineer, C.S., Equipment Rentals              $43,295.00                                          Total              $43,295.00

ü