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HomeMy WebLinkAboutAG-09/24/2019 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 September 24, 2019 7:00 PM POLICY: At the beginning of 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 Tentative Agenda is generally available the Friday before the meeting. The video of the meeting is usually available to watch live during 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 by going to the official Town of Southold website: www.southoldtownny.gov and following either of the following: (1) Move pointer over “Government” on the Town website home page. You will find the title “Town Supervisor/Town Board”. Under this title you will see “Southold Town Board Meetings and Agendas”. or (2) Go to “How Do I”, in the right upper corner of the Town website home page, Choose “Access”, then “Southold Town Board Meetings and Agendas. 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 September 24, 2019 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Present Absent Late Arrived Councilman James Dinizio Jr    Southold Town Meeting Agenda - September 24, 2019 Page 2 Councilman William P. Ruland    Councilwoman Jill Doherty    Councilman Robert Ghosio    Justice Louisa P. Evans    Supervisor Scott A. Russell    I. REPORTS 1. Trustees Monthly Report August 2019 2. Planning Department Monthly Report August 2019 3. Justice Court Reports August 2019 II. PUBLIC NOTICES 1. NYS Corps of Engineers Gardiners Bay III. COMMUNICATIONS IV. DISCUSSION 1. 9:00 AM - Denis Noncarrow Septic Replacement Forum 11/14 2. 9:15 AM - John Stein, CAC Climate Smart Communities Certification Program 3. Letter of Appreciation Received from Southold Fire Dept Police Officer Peter Onufrak 4. Councilwoman Doherty Ray Dean Parking Lot 5. RFP Proposal for Recreational Facility 6. Supervisor Russell 2020 Budget Update 7. EXECUTIVE SESSION - Proposed Property Acquisition(S), Sale or Lease of Real Property, Publicity of Which Would Substantially Affect the Value Thereof 11:00 AM - Melissa Spiro, Land Preservation Southold Town Meeting Agenda - September 24, 2019 Page 3 8. EXECUTIVE SESSION - Labor- Matters Involving the Employment/Employment History of a Particular Person(S) 11:15 AM - Chief Martin Flatley, Police Department 11:45 AM - Michael Collins, Jamie Richter and Kristie Hansen-Hightower Councilwoman Doherty re: Engineering Dept. Councilman Ruland re: LDC and Transportation Commission 9. EXECUTIVE SESSION - Labor- Matters Involving the Employment Contract of a Particular Corporation 12:15 PM - Jim Bunchuck, Landfill V. RESOLUTIONS 2019-803 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated September 24, 2019.  Vote Record - Resolution RES-2019-803  Adopted Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  James Dinizio Jr     Tabled  Withdrawn  William P. Ruland     Supervisor's Appt  Jill Doherty      Tax Receiver's Appt Robert Ghosio      Rescinded  Town Clerk's Appt Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2019-804 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, October 8, 2019 at Southold Town Hall, 53095 Main Road, Southold, New York at 4:30 PM. Southold Town Meeting Agenda - September 24, 2019 Page 4  Vote Record - Resolution RES-2019-804 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent  Defeated James Dinizio Jr      Tabled  Withdrawn William P. Ruland     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell      No Action  Lost 2019-763 Tabled 8/27/2019 7:00 PM, 9/10/2019 4:30 PM CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL Chapter 280, Accessory Apartments WHEREAS that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 16th day of July, 2019, a Local Law entitled “A Local Law in relation to an Amendment to Chapter 280, Zoning, in connection with Accessory Apartments in the Town of Southold” 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 an Amendment to Chapter 280, Zoning, in connection with Accessory Apartments in the Town of Southold” which reads as follows: LOCAL LAW NO. 2019 A Local Law entitled, “A Local Law in relation to an Amendment to Chapter 280, Zoning, in connection with Accessory Apartments in the Town of Southold” BE IT ENACTED by the Town Board of the Town of Southold as follows: § 280-13 Use regulations. \[Amended 3-14-1989 by L.L. No. 3-1989\] In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed Southold Town Meeting Agenda - September 24, 2019 Page 5 to be used, in whole or in part, for any uses except the following: A. Permitted uses. \[Amended 5-23-1989 by L.L. No. 8-1989; 11-29-1994 by L.L. No. 25- 1994; 11-29-1994 by L.L. No. 26-1994; 5-13-1997 by L.L. No. 8-1997; 7-17-2007 by L.L. No. 15-2007; 6-15-2010 by L.L. No. 2-2010\] (6) One accessory apartment in an existing one-family dwelling, subject to the issuance of a rental permit in accordance with § 280-13D and the following requirements: (b) One of the dwelling units shall be occupied exclusively by tThe owner of the existing dwelling shall occupy one of the dwelling units as the owner's principal residence. The other dwelling unit shall be leased for year-round occupancy, evidenced by a written lease for a term of one or more years. (c) The existing one-family dwelling shall contain not less than 1200 1,600 square feet of livable floor area. (d) The accessory apartment shall contain not less than 350 450 square feet and shall not exceed 750 square feet of livable floor area and shall have no more than one bathroom. (l) The dwelling which is converted to permit an accessory apartment shall be in existence and be eligible for or have a valid certificate of occupancy issued at least ten (10) years prior to applying for an accessory apartment January 1, 2004, or proof of legal occupancy prior to that date. (q) No accessory apartment shall be occupied by more than the number of persons permitted to occupy the dwelling unit under Section 404 of the Property Maintenance Code of the New York State Uniform Fire Prevention and Building Code. B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as special exception by the Board of Appeals, as hereinafter provided, and, except for the uses set forth in Subsections B(1), (13) and (14) hereof, are subject to site plan approval by the Planning Board: \[Amended 3-14-1989 by L.L. No. 3-1989; 5-20-1993 by L.L. No. 6-1993; 12-21-1993 by L.L. No. 3-1989; 11-29-1994 by L.L. No. 26-1994; 12-27- 1994 by L.L. No. 30-1994; 2-7-1995 by L.L. No. 3-1995; 11-12-1996 by L.L. No. 20-1996; 11-12-1997 by L.L. No. 26-1997; 12-8-1998 by L.L. No. 26-1998; 10-25-2005 by L.L. No. 18-2005; 6-15-2010 by L.L. No. 2-2010\] (13) One accessory apartment in a lawfully existing detached accessory garage, barn or storage building, subject to the following requirements: \[Amended 4-24-2018 by L.L. No. 3-2018\] (a) The accessory apartment shall contain no less than 350 450 square feet and shall not exceed 750 square feet of livable floor area and shall have no more than one bathroom. (i) Occupancy of resident structures on the premises shall be subject to the issuance of an annual rental permit in accordance with § 280-13D and the following requirements: \[1\] The owner of the premises shall occupy Eeither the existing single-family Southold Town Meeting Agenda - September 24, 2019 Page 6 dwelling unit or the accessory apartment in the detached accessory structure shall be occupied exclusively by the owner of the premises as the owner's principal residence. The other dwelling unit shall be leased for year-round occupancy evidenced by a written lease for a term of one or more years to: D. Rental permit for accessory apartments. Notwithstanding any prior course of conduct or permission granted, no owner of property shall cause, permit, or allow the occupancy or use of an accessory apartment created pursuant to § 280-13A(6) or § 280-13B(13) without a valid rental permit issued upon application to the Chief Building Inspector. \[Added 6-15- 2010 by L.L. No. 2-2010\] (1) Content of application. An application for a rental permit or for a renewal of a rental permit shall bear the notarized signature of the owner and contain the following information: (a) The name, date of birth and telephone number of the owner. (b) The address of the subject property including street address and Suffolk County Tax Map number. (c) In the event the owner is a corporation, partnership, limited liability company or other business entity, the name, address and telephone number of each owner, principal, officer, shareholder, partner or member of such business. (d) The name(s) and telephone number(s) of all tenants. (e) A copy of the lease agreement between owner and tenant. (f) A copy of the certificate of occupancy or preexisting certificate of occupancy for the property. (2) The owner of an accessory apartment within an existing one-family dwelling shall, in addition to the information required in § 280-13D(1)(a) through (f), provide a certification that the existing dwelling or accessory apartment is occupied by the owner and that the premises is in compliance with all of the provisions of the Code of the Town of Southold, the laws and sanitary and housing regulations of the County of Suffolk and the laws of the State of New York. (3) The owner of an accessory apartment in an accessory structure lawfully existing pursuant to § 280-13B(13) shall, in addition to the information required in § 280- 13D(1)(a) through (f), provide a certification that: \[Amended 12-5-2017 by L.L. No. 20-2017\] (a) The existing single-family dwelling or the accessory apartment in the accessory structure is occupied by the owner as the owner's principal residence. (b) The other dwelling unit on the subject property is to be occupied by either a family member or an individual who is currently on the Southold Town Affordable Housing Registry and eligible for placement. (c) Rents charged to a tenant from the Affordable Housing Registry shall not exceed the rent established by the Town Board annually pursuant to § 280-30F of this Code. (d) The dwelling unit is in compliance with all of the provisions of the Code of the Town of Southold, the laws and sanitary and housing regulations of the County of Suffolk and the laws of the State of New York. Southold Town Meeting Agenda - September 24, 2019 Page 7 III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law.  Vote Record - Resolution RES-2019-763 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent  Defeated James Dinizio Jr      Tabled Withdrawn  William P. Ruland     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell      No Action  Lost 2019-805 CATEGORY: Attend Seminar DEPARTMENT: Government Liaison Lynn Nyilas Seminar RESOLVED that the Town Board of the Town of Southold hereby grants permission to Lynn Nyilas to attend a conference as a presenter for the Association of NY State Youth Bureaus Youth Development Training Conference In Albany, NY on October 7 and 8th, 2019. All expenses for registration and travel to be a legal charge to the 2019 budget (A.7310.4.600.500 Meetings and Seminars).  Vote Record - Resolution RES-2019-805 Adopted  Yes/Aye No/Nay Abstain Absent Adopted as Amended  Defeated  James Dinizio Jr      Tabled William P. Ruland      Withdrawn Jill Doherty      Supervisor's Appt Tax Receiver's Appt  Robert Ghosio     Rescinded  Louisa P. Evans     Town Clerk's Appt  Scott A. Russell     Supt Hgwys Appt  No Action   Lost Southold Town Meeting Agenda - September 24, 2019 Page 8 2019-806 CATEGORY: Attend Seminar DEPARTMENT: Government Liaison Lynn Nyilas Attend Seminar RESOLVED that the Town Board of the Town of Southold hereby grants permission to Lynn Nyilas to attend a conference as a Long Island host for the Association of NY State Youth Courts, Youth Court th Director Symposium In Stony Brook, NY on Nov 7 and 8th, 2019. All expenses for registration and travel to be a legal charge to the 2019 budget (A.7310.4.600.500 Meetings and Seminars).  Vote Record - Resolution RES-2019-806  Adopted  Adopted as Amended Yes/Aye No/Nay Abstain Absent  Defeated James Dinizio Jr     Tabled  Withdrawn  William P. Ruland     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded   Town Clerk's Appt Louisa P. Evans      Supt Hgwys Appt Scott A. Russell     No Action  Lost  2019-807 CATEGORY: Budget Modification DEPARTMENT: Police Dept Police Department-Budget Modification Financial Impact: Reallocation of budgetary frunds to alleviate over expended budget line for Live Scan Maintenance for the preriod 1/1/19-12/31/19 RESOLVED that the Town Board of the Town of Southold hereby modifies the 2019 General Fund Whole Town budget as follows: From: A.3120.2.500.775 Police Equip/Other Equip In Car Video/Computer/ RAD $3,255 Total $3,255 Southold Town Meeting Agenda - September 24, 2019 Page 9 To: A.3120.2.500.425 Police Equipment/Other Equip Livescan Unit $3,255 Total $3,255  Vote Record - Resolution RES-2019-807  Adopted Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  James Dinizio Jr     Tabled  Withdrawn  William P. Ruland     Supervisor's Appt  Jill Doherty      Tax Receiver's Appt Robert Ghosio      Rescinded Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2019-808 CATEGORY: Refund DEPARTMENT: Town Attorney Refund CPF - Flatley RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund (from Account #CM.1189.10) to Rachel and Ryan Flatley from the Town of Southold in the amount of $6,661.40 in connection with the payment of the Community Preservation Fund tax on property in Southold (SCTM #1000-74-3-6) purchased by Rachel and Ryan Flatley on August 12, 2019, as the transaction is exempt from the CPF tax.  Vote Record - Resolution RES-2019-808 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  James Dinizio Jr     Tabled   Withdrawn William P. Ruland      Supervisor's Appt Jill Doherty      Tax Receiver's Appt Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  Southold Town Meeting Agenda - September 24, 2019 Page 10 2019-809 CATEGORY: Employment - Town DEPARTMENT: Accounting Attend NYS Retirement System Employer Education Seminar RESOLVED that the Town Board of the Town of Southold hereby grants permission to Christine Foster, Personnel Assistant, and Diana Whitecavage, Senior Account Clerk-Typist, to attend the New York State Retirement System Employer Education Seminar in South Farmingdale, NY on October 17, 2019. All expenses for registration and travel to be a legal charge to the budget (meetings and seminars).  Vote Record - Resolution RES-2019-809 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent  Defeated James Dinizio Jr      Tabled  Withdrawn William P. Ruland     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell      No Action  Lost 2019-810 CATEGORY: Budget Modification DEPARTMENT: Assessors 2019 Budget Modification - Assessors Financial Impact: For purchase of equipment RESOLVED that the Town Board of the Town of Southold hereby modifies the 2019 General Fund, Whole Town budget as follows: To: A1355.2.200.250 Board of Assessors Equipment Filing/Storage Equipment $1,800.00 Total $1,800.00 Southold Town Meeting Agenda - September 24, 2019 Page 11 From: A1355.1.300.100 Board of Assessors Assessors, P.S. Seasonal Employees $1,800.00 Total $1,800.00  Vote Record - Resolution RES-2019-810  Adopted Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  James Dinizio Jr     Tabled  Withdrawn  William P. Ruland     Supervisor's Appt  Jill Doherty      Tax Receiver's Appt Robert Ghosio      Rescinded Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2019-811 CATEGORY: Fmla DEPARTMENT: Accounting Grant FMLA Leave to a Town Employee RESOLVED that the Town Board of the Town of Southold hereby grants a leave of absence for up to 12 weeks to Employee #4015 effective September 9, 2019 pursuant to the Family Medical Leave Act.  Vote Record - Resolution RES-2019-811 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  James Dinizio Jr     Tabled   Withdrawn William P. Ruland      Supervisor's Appt Jill Doherty      Tax Receiver's Appt Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  Southold Town Meeting Agenda - September 24, 2019 Page 12 2019-812 CATEGORY: Budget Modification DEPARTMENT: Accounting 2019 Budget Modification- Capital (Dean's Parking Lot) Financial Impact: Transfer additional funds for Dean's Parking Lot Change Order WHEREAS the Town Board of the Town of Southold authorized a 2019 Capital project to reconstruct Dean’s Parking Lot, and WHEREAS the Town’s Capital Budget process requires a resolution to amend Capital Budget items in the Capital Fund, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby authorizes the amendment of the 2019 General Fund Whole Town and Capital Budgets as follows: From: A.1990.4.100.100 Unallocated Contingencies $2,700 Total $2,700 To: A.9901.9.000.100 Interfund Transfers, Transfer to Capital $2,700 Total $2,700 Increase Revenues: H.5031.42 Interfund Transfers, Parking Lot Improvements $2,700 Total $2,700 Increase Appropriations: H.5650.2.100.200 Parking Lots Capital Outlay, Dean’s Parking Lot $2,700 Total $2,700  Vote Record - Resolution RES-2019-812 Adopted   Adopted as Amended Yes/Aye No/Nay Abstain Absent  Defeated James Dinizio Jr     Tabled  Withdrawn  William P. Ruland     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans      Supt Hgwys Appt Scott A. Russell      No Action Lost  Southold Town Meeting Agenda - September 24, 2019 Page 13 2019-813 CATEGORY: Budget Modification DEPARTMENT: Trustees 2019 Budget Modification- Trustees Financial Impact: To cover Red Knot bird monitoring fees for the dredging season, pursuant to the requirements of the U.S. Fish and Wildlife Service Special Conditions. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2019 General Fund Whole Town budget as follows: From: A.8090.4.100.650 Contractual Expense, Shellfish Advisory $3,000.00 Total $3,000.00 To: A.8090.4.500.300 Contractual Expense, Consultants $3,000.00 Total $3,000.00  Vote Record - Resolution RES-2019-813 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  James Dinizio Jr     Tabled  Withdrawn  William P. Ruland      Supervisor's Appt Jill Doherty      Tax Receiver's Appt Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2019-814 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District 2019 Budget Modification: SWMD Financial Impact: Shifts authorizations to provide funds for supplies for Morbark Grinder. Southold Town Meeting Agenda - September 24, 2019 Page 14 RESOLVED that the Town Board of the Town of Southold hereby modifies the 2019 Solid Waste Management District budget as follows: From: SR 8160.4.100.525 Tires (Payloader/Truck) $1,200 SR 8160.4.100.596 Maint/Supplies CBI Grinder 670 SR 8160.4.400.200 Building Maintenance 1,250 SR 8160.4.400.655 Repairs CAT 966 Loader 500 SR 8160.4.400.811 Stump Removal 500 SR 8160.4.500.100 DEC Env. Monitor 880 Total $5,000 To: SR 8160.4.100.597 Maint/Supply Morbark Grinder $5,000 Total $5,000  Vote Record - Resolution RES-2019-814 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  James Dinizio Jr      Tabled  Withdrawn William P. Ruland      Supervisor's Appt Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action   Lost 2019-815 CATEGORY: Refund DEPARTMENT: Town Clerk Refund of Yard Sale Permit Fee RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund to Barbara Scura, PO Box 547, Southold, NY 11971 in the amount of $15.00 for a yard sale permit.  Vote Record - Resolution RES-2019-815  Adopted Yes/Aye No/Nay Abstain Absent Adopted as Amended  James Dinizio Jr     Defeated  Tabled  William P. Ruland     Withdrawn  Jill Doherty     Supervisor's Appt  Southold Town Meeting Agenda - September 24, 2019 Page 15 Tax Receiver's Appt  Robert Ghosio     Rescinded  Louisa P. Evans      Town Clerk's Appt Scott A. Russell      Supt Hgwys Appt  No Action Lost  2019-816 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Engineering Change Order #1 W/South Fork Asphalt - Dean's Parking Lot Financial Impact: Funded by Resolution 2019-799 and Resolution 15574 RESOLVED that the Town Board of the Town of Southold hereby approves Change Order #1 to the contract for the Dean’s Parking Lot Improvements with South Fork Asphalt in the net amount of $28,700.00, pursuant to their proposals dated September 6, 2019, and September 13, 2019, subject to the approval of the Town Attorney.  Vote Record - Resolution RES-2019-816  Adopted Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  James Dinizio Jr     Tabled  Withdrawn  William P. Ruland     Supervisor's Appt  Jill Doherty      Tax Receiver's Appt Robert Ghosio      Rescinded  Town Clerk's Appt Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2019-817 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Recreation Hire Fall 2019 Recreation Program Instructor Financial Impact: Contract for Fall Instructor Southold Town Meeting Agenda - September 24, 2019 Page 16 Resolved that the Town Board of the Town of Southold authorize and direct Supervisor Scott A. Russell to execute an agreement with the following individual for the Fall 2019 recreation programs, all in accordance with the approval of the town attorney. Funding for the instructor listed below has been budgeted for in the recreation department's 2019 instructor line A.7020.4.500.420. Jovan Lehrfeld-Booker (Youth Basketball) $30/hour  Vote Record - Resolution RES-2019-817 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent  Defeated James Dinizio Jr      Tabled Withdrawn  William P. Ruland     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell      No Action  Lost 2019-818 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Optimum Agreement Phone Lines Financial Impact: Upgrade phone lines at Highway RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Agreement between the Town of Southold and CSC Holdings LLC d/b/a Optimum for the conversion of existing POTS phone lines to SIP lines at the Southold Town Highway Department for an installation cost of One Hundred Eighty Two Dollars and Ninety Five Cents ($182.95) and one year of monthly service for the same at a rate of One Hundred Forty Nine Dollars and Seventy Five Cents ($149.75) per month, for a total amount of One Thousand Nine Hundred Seventy Nine Dollars and Ninety Five Cents ($1,979.95), funded from budget line A.1680.4.200.100, subject to the approval of the Town Attorney.  Vote Record - Resolution RES-2019-818 Yes/Aye No/Nay Abstain Absent Adopted  Adopted as Amended  James Dinizio Jr     Defeated  William P. Ruland     Tabled  Jill Doherty     Withdrawn   Supervisor's Appt Robert Ghosio     Southold Town Meeting Agenda - September 24, 2019 Page 17 Tax Receiver's Appt  Louisa P. Evans     Rescinded  Scott A. Russell      Town Clerk's Appt  Supt Hgwys Appt  No Action Lost  2019-819 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney SUFSD Agreement - Anti Bias Financial Impact: Use of room RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Agreement between the Town of Southold and Southold Union Free School District allowing the Southold Anti-Bias Task Force to use the Southold High School Library on October 3, 2019 at no cost to the Town, subject to the approval of the Town Attorney.  Vote Record - Resolution RES-2019-819 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent  Defeated James Dinizio Jr      Tabled  Withdrawn William P. Ruland     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell      No Action  Lost 2019-820 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District 2019 Budget Modificiation: SWMD Financial Impact: Provide funds for new recycling costs through end of 2019. Southold Town Meeting Agenda - September 24, 2019 Page 18 RESOLVED that the Town Board of the Town of Southold hereby modifies the 2019 Solid Waste Management District budget as follows: From: SR 8160.1.100.400 Full Time Employee/Sick Earnings $13,000 Total $13,000 To: SR 8160.4.400.824 Clean Paper Recycle Fees* $12,000 SR 8160.4.400.838 Co-Mingle Recycle Fees 1,000 Total $13,000 *New Appropriation Line  Vote Record - Resolution RES-2019-820 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  James Dinizio Jr     Tabled  Withdrawn  William P. Ruland      Supervisor's Appt Jill Doherty      Tax Receiver's Appt Robert Ghosio      Rescinded Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2019-821 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney FIFD Backhoe Agreement Financial Impact: FIFD backhoe RESOLVED that the Town Board of the Town of Southold authorizes and directs the Town Supervisor Scott A. Russell to execute an intermunicipal agreement with the Fishers Island Ferry District permitting the Town Highway Department to utilize the Ferry District’s backhoe during Highway Department operations on Fishers Island for the period of September 1, 2019 to September 30, 2020, subject to approval by the Town Attorney. Southold Town Meeting Agenda - September 24, 2019 Page 19  Vote Record - Resolution RES-2019-821 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent  Defeated James Dinizio Jr      Tabled  Withdrawn William P. Ruland     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell      No Action  Lost 2019-822 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Town of Babylon Agreement Financial Impact: Solid Waste Agreement RESOLVED that the Town Board of the Town of Southold authorizes and directs the Town Supervisor Scott A. Russell to exercise a two year extension of the intermunicipal agreement between the Town of Southold and the Town of Babylon dated July 1, 2015 and set to expire on December 31, 2019, regarding transportation and disposal of the Town of Southold’s municipal solid waste, subject to approval from the Town Attorney.  Vote Record - Resolution RES-2019-822 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  James Dinizio Jr     Tabled   Withdrawn William P. Ruland      Supervisor's Appt Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  Southold Town Meeting Agenda - September 24, 2019 Page 20 2019-823 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Belfor Long Island, LLC Financial Impact: Animal Shelter repairs RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the execution of a contract with Belfor Long Island, LLC, for the repairs to the Southold Animal Shelter building pursuant to GML§103(4).  Vote Record - Resolution RES-2019-823  Adopted Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  James Dinizio Jr     Tabled  Withdrawn  William P. Ruland     Supervisor's Appt  Jill Doherty      Tax Receiver's Appt Robert Ghosio      Rescinded  Town Clerk's Appt Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2019-824 CATEGORY: Ratify Fishers Island Reso. DEPARTMENT: Fishers Island Ferry District FIFD 9/16/19 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 September 16, 2019, as follows: FIFD resolution # Regarding 2019 138 Budget Modification  Vote Record - Resolution RES-2019-824 Adopted  Yes/Aye No/Nay Abstain Absent Adopted as Amended  James Dinizio Jr     Defeated  Tabled  William P. Ruland      Withdrawn Jill Doherty      Supervisor's Appt Southold Town Meeting Agenda - September 24, 2019 Page 21 Tax Receiver's Appt  Robert Ghosio     Rescinded  Louisa P. Evans      Town Clerk's Appt Scott A. Russell      Supt Hgwys Appt  No Action Lost  2019-825 CATEGORY: Budget Modification DEPARTMENT: Accounting 2019 Budget Modification - Engineer Financial Impact: Transfer funds for expansion of Love Lane Traffic study RESOLVED that the Town Board of the Town of Southold hereby modifies the 2019 General Fund Whole Town budget as follows: From: A.1990.4.100.100 Unallocated Contingencies $43,000.00 Total $43,000.00 A.1440.4.500.100 Engineer, Engineering Surveys $43,000.00 Total $43,000.00  Vote Record - Resolution RES-2019-825  Adopted  Adopted as Amended Yes/Aye No/Nay Abstain Absent  Defeated James Dinizio Jr     Tabled  Withdrawn  William P. Ruland     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded   Town Clerk's Appt Louisa P. Evans      Supt Hgwys Appt Scott A. Russell      No Action Lost  2019-826 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Engineering Southold Town Meeting Agenda - September 24, 2019 Page 22 Change Order #1 W/AKRF - Love Lane Traffic Study Financial Impact: Budget modification required to fund change order. RESOLVED that the Town Board of the Town of Southold hereby approves Change Order #1 to the contract for the Love Lane Traffic Study with AKRF in the net amount of $43,000.00, pursuant to their proposal dated 9, 2019, subject to the approval of the Town Attorney. Funds are available in A.1440.4.500.100, Engineer, Engineering Surveys.  Vote Record - Resolution RES-2019-826  Adopted Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  James Dinizio Jr     Tabled  Withdrawn  William P. Ruland     Supervisor's Appt  Jill Doherty      Tax Receiver's Appt Robert Ghosio      Rescinded  Town Clerk's Appt Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2019-827 CATEGORY: Budget Modification DEPARTMENT: Highway Department 2019 Budget Modification - Highway Financial Impact: Transfer of Money RESOLVED that the Town Board of the Town of Southold hereby modifies the 2019 Highway Fund Part Town budget as follows: From: DB.5142.1.100.100 Snow Removal Regular Earnings $20,000.00 DB.5142.4.100.100 Misc. Supplies 100.00 TOTAL $20,100.00 To: DB.5140.1.100.100 Brush & Weeds Regular Earnings $20,000.00 DB.5140.2.200.100 Typewriters/Office Equip 100.00 TOTAL $20,100.00  Vote Record - Resolution RES-2019-827 Adopted  Yes/Aye No/Nay Abstain Absent Southold Town Meeting Agenda - September 24, 2019 Page 23 Adopted as Amended  James Dinizio Jr     Defeated  William P. Ruland      Tabled Jill Doherty      Withdrawn  Supervisor's Appt Robert Ghosio     Tax Receiver's Appt  Louisa P. Evans     Rescinded  Scott A. Russell     Town Clerk's Appt  Supt Hgwys Appt  No Action   Lost 2019-828 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney SC Soil & Water Conservation Dist Agreement Financial Impact: Stormwater run-off RESOLVED that the Town Board of the Town of Southold authorizes and directs the Town Supervisor Scott A. Russell to execute an intermunicipal agreement with the Suffolk County Soil and Water Conservation District for the receipt of grant funds in the amount of $50,000 to be utilized for Stormwater Runoff Remediation Protection on South Harbor Road, subject to approval from the Town Attorney.  Vote Record - Resolution RES-2019-828 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  James Dinizio Jr     Tabled  Withdrawn  William P. Ruland      Supervisor's Appt Jill Doherty      Tax Receiver's Appt Robert Ghosio      Rescinded Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2019-829 CATEGORY: Support/Non-Support Resolution DEPARTMENT: Town Attorney Southold Town Meeting Agenda - September 24, 2019 Page 24 Climate Smart Community Pledge WHEREAS the Town Board of the Town of Southold (hereinafter “Local Government”) believes that climate change poses a real and increasing threat to our local and global environments and is primarily due to the burning of fossil fuels; and WHEREAS the effects of climate change will endanger our infrastructure, economy and likelihoods; harm our farms, orchards, and ecological communities, including native fish and wildlife populations; spread invasive species and exotic disease; reduce drinking water supplies and recreational opportunities; and pose health threats to our citizens; and WHEREAS we believe that our response to climate change provides us with an unprecedented opportunity to save money, and to build livable, energy-independent and secure communities, vibrant innovation economies, healthy and safe schools, and resilient infrastructures; and WHEREAS we believe the scale of greenhouse gas (GHG) emissions reductions required for climate stabilization will require sustained and substantial efforts; and WHEREAS we believe that even if emissions were dramatically reduced today, communities would still be required to adapt to the effects of climate change for decades to come, now therefor be it RESOLVED that the Town Board of the Town of Southold, in order to reduce greenhouse gas emissions and adapt to a changing climate, does hereby adopt the New York State Climate Smart Communities pledge, which comprises the following ten elements: 1. Build a climate-smart community 2. Inventory emissions, set goals, and plan for climate action 3. Decrease energy use 4. Shift to clean, renewable energy 5. Use climate-smart materials management 6. Implement climate-smart land use 7. Enhance community resilience to climate change 8. Support a green innovation economy 9. Inform and inspire the public 10. Engage in an evolving process of climate action  Vote Record - Resolution RES-2019-829 Adopted  Yes/Aye No/Nay Abstain Absent Adopted as Amended   Defeated James Dinizio Jr      Tabled William P. Ruland     Withdrawn  Jill Doherty     Supervisor's Appt  Robert Ghosio Tax Receiver's Appt      Rescinded  Louisa P. Evans     Town Clerk's Appt  Southold Town Meeting Agenda - September 24, 2019 Page 25 Supt Hgwys Appt  Scott A. Russell     No Action   Lost 2019-830 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Trustees Glenn Just Bird Monitoring Financial Impact: A.8090.4.500.300 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to enter into a one (1) year contract with Glenn Just to conduct Red Knot Bird Monitoring during dredging operations in Southold Town Waters pursuant to the requirements of the United States Fish and Wildlife Service Special Conditions, at a rate of one hundred and twenty five ($125) dollars per hour, funded from budget line A.8090.4.500.300, subject to the approval of the Town Attorney.  Vote Record - Resolution RES-2019-830 Adopted   Adopted as Amended Yes/Aye No/Nay Abstain Absent  Defeated James Dinizio Jr      Tabled Withdrawn  William P. Ruland     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans      Supt Hgwys Appt Scott A. Russell      No Action  Lost 2019-831 CATEGORY: Bid Acceptance DEPARTMENT: Town Clerk Accept Bids of Grade A. Petroleum Corp for Lubricants and Fluids Financial Impact: Lubricant bid Southold Town Meeting Agenda - September 24, 2019 Page 26 RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Grade A Petroleum Corporation to supply the Town with additional lubricants and fluids for the term of one (1) full year after the bid was awarded, as submitted in the bid and all in accordance with the Town Attorney.  Vote Record - Resolution RES-2019-831 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent  Defeated James Dinizio Jr      Tabled  Withdrawn William P. Ruland     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell      No Action  Lost 2019-832 CATEGORY: Employment - Town DEPARTMENT: Accounting Hire New Police Officers RESOLVED that the Town Board of the Town of Southold hereby appoints Olivia Barszczewski, Nicole DiVello, and Darren Hinderliter to the position of Police Officer for the Southold Town Police Department, effective with the commencement of the upcoming Police Academy, at a rate of $49,603.00 per annum.  Vote Record - Resolution RES-2019-832 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  James Dinizio Jr     Tabled   Withdrawn William P. Ruland      Supervisor's Appt Jill Doherty      Tax Receiver's Appt Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  Southold Town Meeting Agenda - September 24, 2019 Page 27 2019-833 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk ENACT LL Updating Comm Pres Project WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 13th day of August, 2019 a Local Law entitled “A Local Law in relation to Updating Eligible Parcel List of the Community Preservation Project Plan” 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 Updating the Community Preservation Project Plan” reads as follows: LOCAL LAW NO. 2019 A Local Law entitled, “A Local Law in relation to Updating the Community Preservation Project Plan”. BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - The following property is proposed to be added to the existing List of Eligible Parcels included in the Community Preservation Project Plan. This undeveloped parcel with an address of 12500 New York State Route 25, SCTM # 1000 - 114.-11-17 is located at the northeast corner of New Suffolk Avenue and Route 25, Mattituck, NY. The preservation and protection of this property falls under multiple purposes of the Community Preservation Project Plan, including, but not limited to, the establishment of parks, nature preserves or recreational areas. II. Chapter 17 of the Code of the Town of Southold is hereby amended as follows: § 17-13 Community preservation project plan adopted. \[Amended 2-4-2003 by L.L. No. 2-2003; 4-12-2005 by L.L. No. 5-2005; 1-31-2006 by L.L. No. 2-2006; 9-9-2008 by L.L. No. 11-2008; 9-23-2008 by L.L. No. 13-2008; 8-23-2016 by L.L. No. 9-2016\] G. The Town Board of the Town of Southold hereby approves and adopts the August / September 2019 update to the Community Preservation Project Plan, which adds one parcel to the List of Eligible Parcels. The text of the revised plan adopted by the Town Board in 2016 shall remain as adopted in 2016. The August/September update shall supersede all Southold Town Meeting Agenda - September 24, 2019 Page 28 previously adopted and amended plans. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this Law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law.  Vote Record - Resolution RES-2019-833 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  James Dinizio Jr     Tabled  Withdrawn  William P. Ruland     Supervisor's Appt  Jill Doherty      Tax Receiver's Appt Robert Ghosio      Rescinded Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2019-834 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL Chapter 280 - AHD WHEREAS that there has been presented to the Town Board of the Town of Southold, Suffolk th County, New York, on the 27 day of August, 2019, a Local Law entitled “A Local Law in relation to an Amendment to Chapter 280, Zoning, in connection with Affordable Housing District” 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 an Amendment to Chapter 280, Zoning, in connection with Affordable Housing District” which reads as follows: Southold Town Meeting Agenda - September 24, 2019 Page 29 LOCAL LAW NO. 2019 A Local Law entitled, “A Local Law in relation to an Amendment to Chapter 280, Zoning, in connection with Affordable Housing District” BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose The Purpose of the amendment is to update the eligibility requirements. II. Amendment. The Southold Town Code is hereby amended by removing the struck through words and adding the underlined words as follows: §280-30. General regulations and requirements C. Eligibility (non-age-restricted). In each AHD, the sale or lease of dwelling units and unimproved lots shall be reserved for moderate-income families who do not have any ownership interest in any other residence or vacant lot. The net worth of an applicant (individual or family) shall not exceed 25% of the purchase price of a home sold pursuant to this section. The eligible applicants shall be placed in a lottery system must be registered in the Town of Southold Registry, administered by the Government Liaison Officer. There shall be a priority for qualified active members in service as volunteers in an agency providing firematic protection, emergency medical or ambulance services in the Town of Southold in a formula acceptable to the Town Board. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law.  Vote Record - Resolution RES-2019-834 Adopted  Yes/Aye No/Nay Abstain Absent  Adopted as Amended  Defeated James Dinizio Jr     Tabled  William P. Ruland     Withdrawn  Jill Doherty     Supervisor's Appt  Tax Receiver's Appt  Robert Ghosio     Rescinded  Louisa P. Evans     Town Clerk's Appt  Scott A. Russell      Supt Hgwys Appt  No Action Lost  Southold Town Meeting Agenda - September 24, 2019 Page 30 2019-835 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk ENACT LL Chapter 280, Sections 13C and 17C WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk th County, New York, on the 5 day of September, 2019 a Local Law entitled, “A Local Law in relation to an Amendment to Sections 280-13 (C) and 280-17 (C) ‘Accessory Uses’ of the Southold Town Code with regard to allowing direct marketing by a bona fide aquaculture/mariculture farm operations” 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 and be it further RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled,” “A Local Law in relation to an Amendment to Sections 280-13 (C) and 280-17 (C) ‘Accessory Uses’ of the Southold Town Code with regard to allowing direct marketing by a bona fide aquaculture/mariculture farm operations”. LOCAL LAW NO. 2019 A Local Law entitled, “A Local Law in relation to an Amendment to Sections 280-13 (C) and 280-17 (C) ‘Accessory Uses’ of the Southold Town Code with regard to allowing direct marketing by a bona fide aquaculture/mariculture farm operations”. BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose The Town Board recognizes the unique challenges faced by bona fide aquaculture/mariculture farm operations with regard to the ability to directly market their produce compared to agricultural farm operations that can utilize on farm marketing opportunities. The purpose of this local law is to give bona fide aquaculture/mariculture farm operations the ability to directly market their produce by allowing direct marketing of their produce at the primary residence of the owner of a bona fide acquaculture/mariculture farm operation and at a bona fide agricultural farm operations § 280-13 Use regulations. \[Amended 3-14-1989 by L.L. No. 3-1989\] Southold Town Meeting Agenda - September 24, 2019 Page 31 In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: C. Accessory uses, limited to the following uses and subject to the conditions listed in § 280-15 herein: (1) Any customary structures or uses which are customarily incidental to the principal use, except those prohibited by this chapter. (14) Direct marketing of aquaculture or mariculture products, subject to the following requirements: (a) Only bona fide acquaculture/mariculture farm operations may engage in the direct marketing of aquaculture or mariculture products pursuant to this section; (b) A bona fide acquaculture/mariculture farm operation may engage in the direct marketing of their produce at one of the following locations, but not both: (1) a parcel containing a single-family dwelling that is the primary residence of the owner of a bona fide aquaculture/mariculture farm operation, or; (2) a parcel used as part of a bona fide farm operation located on State Route 25 (“Main Road”) or County Road 48 (the “North Road”); (c) only products grown by the bona fide aquaculture/mariculture farm operation may be sold; (d) Notwithstanding anything set forth elsewhere in this article, a temporary display area located in the front yard of the parcel may be used in connection with direct marketing taking place at the primary residence of the owner of a bona fide aquaculture/mariculture farm operation, subject to the following requirements: (1) the display area shall not exceed 100 square feet and may not be enclosed; (2) a refrigeration unit, not exceeding 5 cubic feet in size, may be used in the display area; (3) no generators may be used to supply electric power to the display area. § 280-17 Use regulations. In an R-40 District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, Southold Town Meeting Agenda - September 24, 2019 Page 32 for any uses except the following: C. Accessory uses, limited to the following: (1) Same as § 280-13C of the Agricultural-Conservation District. (2) Direct marketing of aquaculture or mariculture products, subject to the following requirements: (a) Only bona fide acquaculture/mariculture farm operations may engage in the direct marketing of aquaculture or mariculture products pursuant to this section; (b) A bona fide acquaculture/mariculture farm operation may engage in the direct marketing of their produce at one of the following locations, but not both: (1) a parcel containing a single-family dwelling that is the primary residence of the owner of a bona fide aquaculture/mariculture farm operation, or; (2) a parcel used as part of a bona fide farm operation located on State Route 25 (“Main Road”) or County Road 48 (the “North Road”); (c) only products grown by the bona fide aquaculture/mariculture farm operation may be sold; (d) Notwithstanding anything set forth elsewhere in this article, a temporary display area located in the front yard of the parcel may be used in connection with direct marketing taking place at the primary residence of the owner of a bona fide aquaculture/mariculture farm operation, subject to the following requirements: (1) the display area shall not exceed 100 square feet and may not be enclosed; (2) a refrigeration unit, not exceeding 5 cubic feet in size, may be used in the display area; (3) no generators may be used to supply electric power to the display area. (3) Same as § 280-13D of the A-C, R-80, R-120, R-200 and R-400 Districts. \[Added 12- 5-2017 by L.L. No. 20-2017\] 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 Southold Town Meeting Agenda - September 24, 2019 Page 33 invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law.  Vote Record - Resolution RES-2019-835  Adopted Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  James Dinizio Jr     Tabled  Withdrawn  William P. Ruland     Supervisor's Appt  Jill Doherty      Tax Receiver's Appt Robert Ghosio      Rescinded Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  VI. PUBLIC HEARINGS 1. Set PH 9/24/19 - 7:00 Pm 2. PH 9/24 7:00 Pm Chapter 280 - AHD 3. PH 9/24 7:02 Pm Chapter 280-13 (C) and 280-17 (C) ‘Accessory Uses’