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HomeMy WebLinkAboutAG-03/10/2020 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 March 10, 2020 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 March 10, 2020 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Present Absent Late Arrived Councilwoman Sarah E. Nappa    Southold Town Meeting Agenda - March 10, 2020 Page 2 Councilman James Dinizio Jr    Councilwoman Jill Doherty    Councilman Robert Ghosio    Justice Louisa P. Evans    Supervisor Scott A. Russell    I. REPORTS 1. Town Clerk Monthly Report February 2020 2. Justice Court Reports February 2020 II. PUBLIC NOTICES III. COMMUNICATIONS IV. DISCUSSION 1. Cancelled - 9:00 Am Presentation on Proposed Water Conservation Partnership 2. 9:00 AM Jeff Standish, Director of Public Works Water Hookups at Tasker Park 3. 9:15 AM Denis Noncarrow and Jeff Standish Tasker Park Playground Update, Proposed Project for Downtown Revitalization Grant and Other Grant Project Updates 4. 9:30 AM Donald Wilcenski, Heather Lanza and Mark Terry Planning Board Update on Comprehensive Plan: Completion of Edits & Quotes for Printing 5. 10:15 AM Ted Webb with Robert Harper of the Historic Preservation Commission Amendments to Chapter 170 - Historic District Code 6. Cancelled - 10:45 Am Draft Local Solid Waste Management Plan 7. Justice Evans Request to Hire a Consultant for Fishers Island Sidewalks Bid Package 8. Policy of Town Refunds 9. EXECUTIVE SESSION - LABOR - Matters Involving the Employment of a Particular Person(S) Southold Town Meeting Agenda - March 10, 2020 Page 3 11:30 AM Chief Martin Flatley 10. EXECUTIVE SESSION - LABOR - Matters Involving the Employment Contract with a Particular Corporation 12:00 PM Michael Collins, Town Engineer with Matt Carmody of AKRF, Inc. 11. EXECUTIVE SESSION - Proposed Property Acquisition(S), Sale or Lease of Real Property, Publicity of Which Would Substantially Affect the Value Thereof 12:45 PM Melissa Spiro, Land Preservation Coordinator and Sam McCullough, LPC Chairman V. RESOLUTIONS 2020-217 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated March 10, 2020.  Vote Record - Resolution RES-2020-217  Adopted Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled  Withdrawn  James Dinizio Jr     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  2020-218 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Set Next Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, March 24, 2020 at the Southold Town Hall, Southold, New York at 4:30 P. M..  Vote Record - Resolution RES-2020-218 Adopted  Yes/Aye No/Nay Abstain Absent Southold Town Meeting Agenda - March 10, 2020 Page 4 Adopted as Amended  Sarah E. Nappa     Defeated  James Dinizio Jr      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 2020-219 CATEGORY: Authorize to Bid DEPARTMENT: Engineering Advertise for Roof Replacement at the Town Hall Annex RESOLVED, that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the replacement of the roof at the Town Hall Annex. .  Vote Record - Resolution RES-2020-219  Adopted Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled  Withdrawn  James Dinizio Jr     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  2020-220 CATEGORY: Attend Seminar DEPARTMENT: Solid Waste Management District Solid Waste Symposium Southold Town Meeting Agenda - March 10, 2020 Page 5 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Solid Waste Coordinator Bunchuck to attend the Second Long Island Solid Waste Symposium at Stony Brook Univiersity on March 19, 2020. Seminar attendance is free.  Vote Record - Resolution RES-2020-220  Adopted Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled  Withdrawn  James Dinizio Jr     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  2020-221 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 Manorville, NY on April 3, 2020. All expenses for registration and travel to be a legal charge to the 2020 budget (meetings and seminars).  Vote Record - Resolution RES-2020-221 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled   Withdrawn James Dinizio Jr      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 - March 10, 2020 Page 6 2020-222 CATEGORY: Committee Appointment DEPARTMENT: Supervisor Appointment to Conservation Advisory Council RESOLVED that the Town Board of the Town of Southold hereby appoints John W. Chandler to the Conservation Advisory Council effective immediately through March 31, 2021.  Vote Record - Resolution RES-2020-222  Adopted Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled  Withdrawn  James Dinizio Jr     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  2020-223 CATEGORY: Property Usage DEPARTMENT: Recreation Approve Field Use - Southold Mothers Club Egg Hunt RESOLVED that the Town Board of the Town of Southold does hereby grant permission to the Southold Mothers' Club to use the field behind the Peconic Lane Community Center for an egg hunt in conjunction with their Bunny Breakfast on Sunday, March 22, 2020 from 8:00 a.m. to 1:00 p.m.. Applicant must file with the Town Clerk a Two Million Dollar Certificate of Insurance naming the Town of Southold as additional insured.  Vote Record - Resolution RES-2020-223 Adopted  Yes/Aye No/Nay Abstain Absent  Adopted as Amended  Defeated Sarah E. Nappa     Tabled  James Dinizio Jr     Withdrawn  Jill Doherty     Supervisor's Appt  Robert Ghosio Tax Receiver's Appt      Rescinded  Louisa P. Evans     Town Clerk's Appt  Southold Town Meeting Agenda - March 10, 2020 Page 7 Supt Hgwys Appt  Scott A. Russell     No Action   Lost 2020-224 CATEGORY: Property Usage DEPARTMENT: Recreation Southold High School Use of Cochran Park Ballfield RESOLVED that the Town Board of the Town of Southold hereby grants permission to Southold High School to use the large ballfield at Cochran Park for high school baseball from March 11, 2020 through May 17, 2020 and additional dates thereafter as coordinated with the Recreation Department and Public Works. Fields will be reserved from 3:00 - 6:00 p.m. Monday through Friday. Applicant has filed with the Town Clerk a Certificate of Insurance naming the Town of Southold as additional insured.  Vote Record - Resolution RES-2020-224 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa      Tabled  Withdrawn James Dinizio Jr      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 2020-225 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Salary Increase-George Cook RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves Resolution Number 2020-043 of the Fishers Island Ferry District adopted March 2, 2020 which reads as follows: Southold Town Meeting Agenda - March 10, 2020 Page 8 It is RESOLVED to increase the salary for George Cook to $135,200 per year with effect February 27, 2020  Vote Record - Resolution RES-2020-225 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent  Defeated Sarah E. Nappa      Tabled  Withdrawn James Dinizio Jr     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 2020-226 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Salary Increases RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves Resolution Number 2020-044 of the Fishers Island Ferry District adopted March 2, 2020 which reads as follows: THEREFORE, IT IS RESOLVED to increase the wage rates to $13.00 per hour for David Ferace, Hunter Kucsera, John Leese and Evan Spohn with effect December 31, 2019.  Vote Record - Resolution RES-2020-226 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled   Withdrawn James Dinizio Jr      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 - March 10, 2020 Page 9 2020-227 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Salary Increases RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves Resolution Number 2020-042 of the Fishers Island Ferry District adopted March 2, 2020 which reads as follows: THEREFORE, IT IS RESOLVED to increase the wage rate for Chriss Bridgman with effect February 27, 2020 to $13.81 per hour; and It is further RESOLVED to increase the pay rate of Patrick Chasse with effect December 31, 2019 to $13.26 per hour.  Vote Record - Resolution RES-2020-227 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled  Withdrawn  James Dinizio Jr     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  2020-228 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Salary Increase-Diane Hansen RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves Resolution Number 2020-041 of the Fishers Island Ferry District adopted March 2, 2020 which reads as follows: Southold Town Meeting Agenda - March 10, 2020 Page 10 WHEREAS the Fishers Island Ferry District policy as described in the Employee Handbook grants a 3% longevity increase to wages when an individual has been employed by the Fishers Island Ferry District for five years; and Therefore It is RESOLVED to increase Diane Hansen’s salary 2% to $68,276.25 with effect February 27, 2020; and It is further RESOLVED that with effect March 1, 2020 to increase Ms. Hansen’s pay rate for five years longevity by 3% to $70,324.54.  Vote Record - Resolution RES-2020-228  Adopted Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled  Withdrawn  James Dinizio Jr     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  2020-229 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint Scott Gonzalez Heavy Equipment Operator RESOLVED that the Town Board of the Town of Southold hereby appoints Scott Gonzalez to the position of a Heavy Equipment Operator for the Highway Department, effective March 12, 2020, at a rate of $27.6658 per hour.  Vote Record - Resolution RES-2020-229 Adopted  Yes/Aye No/Nay Abstain Absent Adopted as Amended  Defeated  Sarah E. Nappa     Tabled  James Dinizio Jr     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 - March 10, 2020 Page 11 2020-230 CATEGORY: Budget Modification DEPARTMENT: Accounting 2020 Budget Modification- Capital (Highway) Financial Impact: Establish budget for plow purchase WHEREAS the Town Board of the Town of Southold adopted a 2020 Capital Budget which includes an appropriation for a plow purchase, and WHEREAS the Town’s Capital Budget process requires a resolution to formally establish Capital Budget items in the Capital Fund, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby authorizes the establishment of the following Capital Projects and amends the 2020 Capital Budget as follows: Capital Project Name: Plow Purchase Financing Method: Serial Bonds Budget: Revenues: H.5710.50 Serial Bond Proceeds, Highway Equipment $135,605 Total $135,605 Appropriations: H.5130.2.100.300 Other Equipment, Plow Purchase $135,605 Total $135,605  Vote Record - Resolution RES-2020-230 Adopted  Yes/Aye No/Nay Abstain Absent Adopted as Amended  Defeated  Sarah E. Nappa     Tabled  James Dinizio Jr      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 - March 10, 2020 Page 12 2020-231 CATEGORY: Ratify Fishers Island Reso. DEPARTMENT: Fishers Island Ferry District FIFD 3/2/20 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 March 2, 2020, as follows: FIFD Resolution# Regarding 2020 - 036 2019 Budget Mod 2020 - 037 2020 Budget Mod 2020 - 040 Service Agreements  Vote Record - Resolution RES-2020-231 Adopted   Adopted as Amended Yes/Aye No/Nay Abstain Absent  Defeated Sarah E. Nappa      Tabled Withdrawn  James Dinizio Jr     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  2020-232 CATEGORY: Special Events DEPARTMENT: Town Clerk Special Events Permit Sparkling Pointe 2020-9 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Sparkling Pointe to hold a Special Event 2020-9 at Sparkling Pointe, 39750 County Road 48, Southold, NY as applied for in Application SP1a-f for events to be held May 2, June 13, June 19, June 26, Sept 10 and Sept 12, 2020 ending no later than 11:00 PM, provided they adhere to all Southold Town Meeting Agenda - March 10, 2020 Page 13 conditions on the application and permit, parking must be contained to subject property and to the Town of Southold Policy for Special Events.  Vote Record - Resolution RES-2020-232 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent  Defeated Sarah E. Nappa      Tabled  Withdrawn James Dinizio Jr     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 2020-233 CATEGORY: Special Events DEPARTMENT: Town Clerk Special Events Permit Salt Air Farm 2020-10 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Salt Air Farms to hold a Special Event 2020-10 at Salt Air Farm,1535 New Suffolk Road, Cutchogue, NY as applied for in Application SSAF1a-c for events to be held July 11, Aug 8, Aug 22, 2020 from 8:00 am to 11:00 PM, provided they adhere to all conditions on the application and permit, parking must be contained to subject property and to the Town of Southold Policy for Special Events.  Vote Record - Resolution RES-2020-233 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled   Withdrawn James Dinizio Jr      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 - March 10, 2020 Page 14 2020-234 CATEGORY: Attend Seminar DEPARTMENT: Town Attorney Training - Bloom RESOLVED that the Town Board of the Town of Southold hereby grants permission to Ordinance Inspector Arthur Bloom to attend the 2020 Stony Brook University Code Training Conference, on March 17-19, 2020. All expenses for registration and travel to be a legal charge to the 2020 Town Attorney budget B. 1420.4.600.200 (meetings and seminars).  Vote Record - Resolution RES-2020-234  Adopted Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled  Withdrawn  James Dinizio Jr     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  2020-235 CATEGORY: Grants DEPARTMENT: Solid Waste Management District 2020 HHW Grant Application WHEREAS, the State of New York provides financial aid for household hazardous waste programs (HHW); and WHEREAS the Town of Southold operated an HHW program in 2019 approved by the State of New York Department of Environmental Conservation (DEC) and is eligible to apply for reimbursement of up to 50% of the HHW costs it incurred in 2019, through the DEC’s 2020 Household Hazardous Waste Assistance Program; NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Southold that Supervisor Scott A. Russell or his designee is directed and authorized as the official representative of the Municipality to submit an application to the DEC for reimbursement of eligible HHW costs incurred in 2019 by the Southold Town Meeting Agenda - March 10, 2020 Page 15 Town, and to provide such additional information as may be required and to sign any and all additional documents that may be required by the State in connection with this application.  Vote Record - Resolution RES-2020-235 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent  Defeated Sarah E. Nappa      Tabled  Withdrawn James Dinizio Jr     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 2020-236 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Recreation Hire Spring 2020 Recreation Program Instructors Financial Impact: Contracts for Spring Instructors Resolved that the Town Board of the Town of Southold authorize and direct Supervisor Scott A. Russell to execute an agreement with the following individuals and businesses for the Spring 2020 recreation programs, all in accordance with the approval of the town attorney. Funding for the instructors listed below has been budgeted for in the recreation department's 2020 instructor line A.7020.4.500.420. NF School For Dogs (Dog Obedience/Puppy STAR/Pre-Therapy) $90/person Lisa Baglivi (Pastels & Zen Design) $30/hour Thomas Boucher (Intro & Intermediate/Advance Guitar) $30/hour Sara Bloom (Memoirs) $30/hour Tom Damiani (Line Dancing) $40/hour Martha Eagle (Aerobics & Pilates 2 Day) $40/class Martha Eagle (Friday Only Pilates) $30/class Kara Erdman (Little Scholars Afterschool Club) $30/hour Andrea Esposito (Walk 15A/B) $40/hour Bill Fish/Islands End (Golf Lessons) $120/person Suzzanne Fokine (Plein Air) $30/hour Rachel Harrison-Smith (Line Dancing) $40/hour Bernie Kettenbeil (Smart Driver) Free Lois Levy (Art Journaling) $30/hour Southold Town Meeting Agenda - March 10, 2020 Page 16 Rosemary Martilotta (Hatha & Chair Yoga) $44/class Kate McDowell (Tennis) $30/hour Linda Nemeth (Watercolor) $30/hour Henry Pesce (Pickleball 101/102) $30/hour Dr. Jeff Poplarski (Golf Fitness) $65/class R&C Agency (Defensive Driving) $30/person R&C Agency (CPR) $55/person Grace Rowan (Senior Fitness, Balance, Qi Gong, Tai Chi) $30/hour Darlene Siracusano (Krafts for Kids) $30/hour Laurie Short (Strength Trifecta & Cardio Strength) $30/hour Steve Smith (Weight Training) $90/person Alfonso Triggiani (Ballroom Dancing) $70/person Kerri Zablotny (Little Scholars & Little Scholars Afterschool Club) $30/hour Liam Walker (Adult Basketball) $25/hour  Vote Record - Resolution RES-2020-236 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent  Defeated Sarah E. Nappa      Tabled Withdrawn  James Dinizio Jr     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 2020-237 CATEGORY: Attend Seminar DEPARTMENT: Police Dept Police Department-Training Request RESOLVED that the Town Board of the Town of Southold hereby grants permission to Detective Steven Harned to attend the Hate Crimes Investigations seminar in Albany New York on March 31, 2020. All related expenses to be a legal charge to the 2020 budget lines A.3130.4.600.225 and A.3120.4.600.300.  Vote Record - Resolution RES-2020-237 Adopted  Yes/Aye No/Nay Abstain Absent Adopted as Amended  Sarah E. Nappa     Defeated  James Dinizio Jr     Tabled  Jill Doherty      Withdrawn Southold Town Meeting Agenda - March 10, 2020 Page 17 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  2020-238 CATEGORY: Attend Seminar DEPARTMENT: Police Dept Police Department - Training Request RESOLVED that the Town Board of the Town of Southold hereby grants permission to Detective Steven Harned to attend the Digital Evidence Investigations training in Hoover, AL from August 30 through September 4, 2020. All related expenses to be a legal charge to budget lines A.3120.4.600.225 and A.3120.4.600.300  Vote Record - Resolution RES-2020-238 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent  Defeated Sarah E. Nappa      Tabled  Withdrawn James Dinizio Jr     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 2020-239 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District 2019 Budget Modification: SWMD Financial Impact: Redistributes funds for final recycling processing fees for 2019. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2019 Solid Southold Town Meeting Agenda - March 10, 2020 Page 18 Waste Management District budget as follows: From: SR 8160.4.400.838 Co-mingled Recycling Fees $2,945 Total $2,945 To: SR 8160.4.400.824 Clean Paper Recycling Fees $2,945 Total $2,945  Vote Record - Resolution RES-2020-239 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled   Withdrawn James Dinizio Jr      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 2020-240 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Government Liaison Multi-Modal Program Capital Project Agreement Financial Impact: Wolf Pit Drainage WHEREAS, a Project for replacing and upgrading drainage by Wolf Pit Lake by replacing catch basins and piping, P.I.N. #0MA482.30A (the “Project”) is eligible for funding under Title 23 U.S. Code, as amended, and New York State’s Multi-Modal Program administered by the NYS Department of Transportation (“NYSDOT”); and WHEREAS, the Town of Southold desires to advance the Project by making a commitment of advance funding of the non-local share and funding of the full local share of the costs of the Project. NOW, THEREFORE, the Town Board of the Town of Southold, duly convened be it RESOLVED that the Town Board of the Town of Southold hereby approves the above subject Southold Town Meeting Agenda - March 10, 2020 Page 19 Project; and it is further RESOLVED that the Town Board of the Town of Southold hereby authorizes the Town of Southold to pay in the first instance 100% of the federal and non-federal share of the cost of the replacing and upgrading of drainage for the Project or portions thereof; and it is further RESOLVED that the sum of $50,000 is hereby appropriated from the General Fund and made available to cover the cost of participation in the above phase of the Project; and it is further RESOLVED that in the event the full federal and non-federal share costs of the Project exceeds the amount appropriated above, the Town of Southold shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the New York State Department of Transportation thereof; and it is further RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute all necessary Agreements, certifications or reimbursement requests for Federal Aid and/or Multi-Modal Program Funding on behalf of the Town of Southold with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality’s first instance funding of Project costs and permanent funding of the local share of federal-aid and all Project costs that are not so eligible; and it is further RESOLVED that a certified copy of this Resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project; and it is further RESOLVED that a certified copy of this Resolution be filed with the Commissioner of Transportation of the State of New York by attaching it to any required and/or appropriate Agreements executed in connection with the Project between the Town of Southold and the State of New York; and it is further RESOLVED that this Resolution shall take effect immediately.  Vote Record - Resolution RES-2020-240 Adopted  Yes/Aye No/Nay Abstain Absent Adopted as Amended  Defeated  Sarah E. Nappa     Tabled  James Dinizio Jr     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 - March 10, 2020 Page 20 2020-241 CATEGORY: Budget Modification DEPARTMENT: Accounting 2020 Budget Modification- IT Financial Impact: Establish budget for server purchase RESOLVED that the Town Board of the Town of Southold hereby modifies the 2020 General Fund Whole Town budget as follows: From: A.9901.9.000.100 Interfund Transfers, Capital $4,500 Total $4,500 To: A.1680.2.400.420 Office Equipment, Servers $4,500 Total $4,500  Vote Record - Resolution RES-2020-241  Adopted Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled  Withdrawn  James Dinizio Jr     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  2020-242 CATEGORY: Landfill Misc. DEPARTMENT: Solid Waste Management District Brush Fee Waiver at Compost Facility RESOLVED by the Town Board of the Town of Southold that the normal tip fees for brush disposal at the Cutchogue Compost Facility shall be waived for residential vehicles, and that tip Southold Town Meeting Agenda - March 10, 2020 Page 21 fees for brush shall be reduced for commercial vehicles to $30/ton, for the period Wednesday, April 1, 2020 through Thursday, April 30, 2020; and be it further RESOLVED that for the purposes of this resolution, residential vehicles shall be defined as any vehicle with a resident disposal permit issued by the Town Clerk of the Town of Southold carrying less than one ton of debris (including trailers), or for vehicles without a permit, any vehicle with a less than one-ton carrying capacity (including trailers); and that commercial vehicles shall be defined as any vehicle with a commercial disposal permit issued by the Town Clerk of the Town of Southold, or for vehicles without a permit with a carrying capacity of one- ton or greater; and be it further RESOLVED that this tip fee waiver shall not apply to stumps of any type; and that it applies to the charge for the weight of the debris ONLY, and not to single entry fees for vehicles without permits, which will still be charged as appropriate.  Vote Record - Resolution RES-2020-242 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent  Defeated Sarah E. Nappa      Tabled Withdrawn  James Dinizio Jr     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 2020-243 CATEGORY: Advertise DEPARTMENT: Accounting Request for Proposals- Annual Audits RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerks office to advertise for Requests for Proposals for annual audits of the Town of Southold’s financial statements, Justice Court and Deferred Compensation Plan for the 2019, 2020 and 2021 fiscal years, subject to the approval of the Town Attorney.  Vote Record - Resolution RES-2020-243 Adopted  Yes/Aye No/Nay Abstain Absent Adopted as Amended  Sarah E. Nappa     Defeated  James Dinizio Jr     Tabled  Jill Doherty      Withdrawn Southold Town Meeting Agenda - March 10, 2020 Page 22 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  2020-244 CATEGORY: Public Service DEPARTMENT: Highway Department 2020 Spring Clean Up RESOLVED by the Town Board of the Town of Southold that the Highway Department Spring Cleanup will start on Monday, April 20, 2020 in Laurel. Our Highway crews will remove only BRUSH and LEAVES and work in an Easterly direction until they reach Orient Point. All Leaves Must Be In Biodegradable Paper Bags, NO EXCEPTIONS. We can only pass through an area once; be it further RESOLVED that the Town Board hereby authorizes the acceptance of residential brush free of charge for four weeks, at the Southold Town Compost Facility in Cutchogue (leaves are always accepted free). This four-week grace period is for those homeowners who wish to take their brush directly to the Town’s compost site themselves. The grace period will start Wednesday, April 1, 2020, and end Thursday, April 30, 2020; be it further RESOLVED that commercial landscaping and tree removal companies will no longer be permitted to deposit any loads of branches or yard debris for removal in the Town’s right-of- way. It will be the homeowner’s responsibility to make certain that their contractor(s) haul their yard debris to the Cutchogue Compost Facility as anyone observed dumping in the Town right- of-way will be fined for illegal dumping; and, be it further RESOLVED that the Fishers Island Spring Clean-Up will also commence on Monday, April 20, 2020. RESOLVED that the normal tip fees for brush disposal at the Cutchogue Compost Facility shall be waived for residential vehicles for the period April 1, 2020 through April 30, 2020; and that tip fees for brush shall be reduced for commercial vehicles to $30/ton for the period from April 1, 2020 through April 30, 2020; and be it further RESOLVED that for the purposes of this resolution, residential vehicles shall be defined as any vehicle with a resident disposal permit issued by the Town Clerk of the Town of Southold carrying less than one ton of debris (including trailers), or for vehicles without a permit, any vehicle with a less than one ton carrying capacity (including trailers); and that commercial Southold Town Meeting Agenda - March 10, 2020 Page 23 vehicles shall be defined as any vehicle with a commercial disposal permit issued by the Town Clerk of the Town of Southold, or for vehicles without a permit, any vehicle with a carrying capacity of one ton or greater; and be it further RESOLVED that the tip fee waiver/reduction described herein shall not apply to stumps of any type; and that it applies to the charge for the weight of the debris ONLY, and not to single entry fees for vehicles without permits, which will still be charged as appropriate.  Vote Record - Resolution RES-2020-244 Adopted   Adopted as Amended Yes/Aye No/Nay Abstain Absent  Defeated Sarah E. Nappa      Tabled Withdrawn  James Dinizio Jr     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 2020-245 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Family Service League Agreement Financial Impact: Family Service League RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Agreement with Family Service League of Suffolk County in connection with the 2020 Southold Youth Services Program in the amount of $33,000 for the term January 1, 2020 through December 31, 2020, this Program is funded in part by a grant from the Suffolk County Youth Bureau, all in accordance with the approval of the Town Attorney funded from budget line A.4210.4.500.400.  Vote Record - Resolution RES-2020-245 Adopted  Yes/Aye No/Nay Abstain Absent Adopted as Amended  Sarah E. Nappa     Defeated  James Dinizio Jr     Tabled  Withdrawn Jill Doherty       Supervisor's Appt Robert Ghosio      Tax Receiver's Appt Louisa P. Evans      Rescinded Scott A. Russell     Town Clerk's Appt  Southold Town Meeting Agenda - March 10, 2020 Page 24 Supt Hgwys Appt  No Action   Lost 2020-246 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Family Service League 2019 Agreement Financial Impact: A.4210.4.500.400 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Agreement with Family Service League of Suffolk County in connection with the 2019 Mental Health Services Program in the amount of $10,000 for the term January 1, 2019 through December 31, 2019, all in accordance with the approval of the Town Attorney funded from budget line A.4210.4.500.400.  Vote Record - Resolution RES-2020-246 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled  Withdrawn  James Dinizio Jr      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  2020-247 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Family Service League Agreement 2020 Financial Impact: A.4210.4.500.400 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Agreement with Family Service League of Suffolk Southold Town Meeting Agenda - March 10, 2020 Page 25 County in connection with the 2020 Mental Health Services Program in the amount of $10,000 for the term January 1, 2020 through December 31, 2020, all in accordance with the approval of the Town Attorney funded from budget line A.4210.4.500.400.  Vote Record - Resolution RES-2020-247  Adopted Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled  Withdrawn  James Dinizio Jr     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  2020-248 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District 2020 Budget Modification: SWMD Financial Impact: Moves funds saved in motor vehicle purchase for brushes, bearings, and repairs to remote control for screener (screener funds depleted due to need to replace torn discharge belt) RESOLVED that the Town Board of the Town of Southold hereby modifies the 2020 Solid Waste Management District budget as follows: From: SR 8160.2.300.100 Motor Vehicles $2,175 Total $2,175 To: SR 8160.4.100.573 Maint/Supply Trommel Screen $2,175 Total $2,175  Vote Record - Resolution RES-2020-248  Adopted Yes/Aye No/Nay Abstain Absent  Adopted as Amended Sarah E. Nappa     Defeated  Tabled James Dinizio Jr      Withdrawn  Jill Doherty     Supervisor's Appt  Robert Ghosio     Tax Receiver's Appt  Southold Town Meeting Agenda - March 10, 2020 Page 26 Rescinded  Louisa P. Evans     Town Clerk's Appt  Scott A. Russell      Supt Hgwys Appt  No Action  Lost 2020-249 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoints FT Senior Citizens Bus Service Supervisor-Carol Hydell RESOLVED that the Town Board of the Town of Southold hereby appoints Carol Hydell to the position of a Full Time Senior Citizens Bus Service Supervisor for the Human Resource Center, effective March 12, 2020, at a rate of $50,577.56 per annum.  Vote Record - Resolution RES-2020-249  Adopted  Adopted as Amended Yes/Aye No/Nay Abstain Absent  Defeated Sarah E. Nappa     Tabled  Withdrawn  James Dinizio Jr     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  2020-250 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint John Barker Groundskeeper II RESOLVED that the Town Board of the Town of Southold hereby appoints John Barker to the position of Groundskeeper II for the Department of Public Works, effective March 12, 2020, at a rate of $28.7379 per hour.  Vote Record - Resolution RES-2020-250 Yes/Aye No/Nay Abstain Absent Adopted  Adopted as Amended  Sarah E. Nappa     Southold Town Meeting Agenda - March 10, 2020 Page 27 Defeated  James Dinizio Jr     Tabled  Jill Doherty      Withdrawn Robert Ghosio      Supervisor's Appt  Tax Receiver's Appt Louisa P. Evans     Rescinded  Scott A. Russell     Town Clerk's Appt  Supt Hgwys Appt  No Action  Lost  2020-251 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint John Tasca PT Food Service Worker RESOLVED that the Town Board of the Town of Southold hereby appoints John Tasca to the position of Part Time Food Service Worker for the Human Resource Center, effective March 12, 2020, at a rate of $15.92 per hour, upon successful background completion.  Vote Record - Resolution RES-2020-251 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa      Tabled  Withdrawn James Dinizio Jr      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 2020-252 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 Southold Town Meeting Agenda - March 10, 2020 Page 28 up to 12 weeks to Employee #0527 effective March 2, 2020 pursuant to the Family Medical Leave Act.  Vote Record - Resolution RES-2020-252 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent  Defeated Sarah E. Nappa      Tabled  Withdrawn James Dinizio Jr     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 2020-253 CATEGORY: Seqra DEPARTMENT: Government Liaison SC Downtown Revitalization Grant - North Hamlet Parking Lot, Southold RESOLVED by the Town Board of the Town of Southold that North Hamlet parking lot, Southold project be classified as an unlisted action pursuant to the SEQRA Rules and Regulations, 6 NYCRR Section 617, and be it further RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for the project is accepted and attached hereto; and be it further RESOLVED the Town Board of the Town of Southold hereby finds no significant impact of the environmental and declares a negative declaration pursuant to SEQRA Rules and Regulation for this project.  Vote Record - Resolution RES-2020-253  Adopted Yes/Aye No/Nay Abstain Absent  Adopted as Amended Sarah E. Nappa      Defeated James Dinizio Jr     Tabled  Withdrawn  Jill Doherty     Supervisor's Appt  Robert Ghosio     Tax Receiver's Appt  Louisa P. Evans     Rescinded  Southold Town Meeting Agenda - March 10, 2020 Page 29 Town Clerk's Appt  Scott A. Russell     Supt Hgwys Appt   No Action  Lost 2020-254 CATEGORY: Grants DEPARTMENT: Government Liaison SC Downtown Grant - 18 RESOLVED that the Town Board of the Town of Southold hereby supports the application of the North Fork Chamber of Commerce for grant funding under the Suffolk County Downtown Revitalization (Round 18) Grant Program, for improvement to North Hamlet parking lot and walkability, Southold and authorizes Supervisor Scott Russell to sign an Inter-Municipal Agreement and Easement with Suffolk County, as part of this grant application.  Vote Record - Resolution RES-2020-254 Adopted   Adopted as Amended Yes/Aye No/Nay Abstain Absent  Defeated Sarah E. Nappa      Tabled Withdrawn  James Dinizio Jr     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 2020-255 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney PH 4/7 7:01 Pm - Chapter 170 Historic Preservation WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk th County, New York, on the 10 day of March, 2020, a Local Law entitled “A Local Law in relation to an Amendment to Chapter 170, Landmark Preservation, in connection with the Historic Preservations Commission’s jurisdiction over new construction” now, therefore, be it Southold Town Meeting Agenda - March 10, 2020 Page 30 RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the th aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 7 day of April, 2020 at 7:01 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, “A Local Law in relation to an Amendment to Chapter 170, Landmark Preservation, in connection with the Historic Preservations Commission’s jurisdiction over new construction” reads as follows: LOCAL LAW NO. 2020 A Local Law entitled, “A Local Law in relation to an Amendment to Chapter 170, Landmark Preservation, in connection with the Historic Preservations Commission’s jurisdiction over new construction” BE IT ENACTED by the Town Board of the Town of Southold as follows: I. PURPOSE. The Town Board has reviewed the Chapter 170 of the Southold Town Code associated with Landmark Preservation and determined that the chapter requires revision in order to clarify of the role of the Historic Preservation Commission with respect to new construction on a site previously occupied by a landmarked property. II. AMENDMENT. Chapter 170 of the Code of the Town of Southold is hereby amended by removing the struck through portions and adding the underlined portions to read as follows: § 170-4 Historic Preservation Commission; membership; terms; powers and duties. A. There is hereby created a commission to be known as the "Town of Southold Historic Preservation Commission." The Historic Preservation Commission shall consist of no fewer than five members and no greater than seven members, to be appointed by the Town Board, to the extent available in the community, as follows: \[Amended 8-16-2005 by L.L. No. 13-2005\] (1) At least one member shall be an architect experienced in working with historic buildings; (2) At least one member shall have demonstrated significant interest in and commitment to the field of historic preservation; and (3) All members shall have a known interest in historic preservation and architectural development within the Town of Southold. B. Members of the Historic Preservation Commission shall serve for terms of four years with the exception of the initial term of one of the members which shall be for one year, two which shall be for two years, and two which shall be for three years. C. There shall be a Secretary to the Commission who shall be responsible for the keeping of Southold Town Meeting Agenda - March 10, 2020 Page 31 meeting minutes, publication of meeting minutes, posting of public notices and any other relevant duties. D. The Chair, the Vice Chair and the Secretary of the Commission shall be elected by and from the members of the Commission annually at the first regular meeting of the calendar year, except for the first organizational meeting convened after this chapter is enacted. E. The powers of the Commission shall include: (1) Employment of staff and professional consultants as necessary to carry out the duties of the Commission, within the limits of appropriations of the Town Board; (2) Promulgation of rules and regulations as necessary for the conduct of its business; (3) Conduct of surveys of significant historic, architectural, and cultural landmarks and historic districts within the Town; (4) Designation and recommendation of identified landmarks or resources as historic landmarks; (5) Recommend acceptance to the Town Board of the donation of facade easements and development rights, and the making of recommendations to the Town Board concerning the acquisition of facade easements or other interests of real property as necessary to carry out the purposes of this chapter; (6) Increasing public awareness of the value of historic, cultural, and architectural preservation by developing and participating in public education programs; (7) Making recommendations to Town government concerning the utilization of state, federal or private funds to promote the preservation of landmarks and historic districts within the Town; (8) Recommending acquisition of a landmark by the Town Board where its preservation is essential to the purposes of this chapter and where private preservation is not feasible; and (9) Approval or disapproval of applications for certificates of appropriateness of demolition, alteration, new construction or economic hardship pursuant to this chapter. F. The Commission shall meet at least monthly, but meetings may be held at any time on the written request of any two of the Commission members or on the call of the Chair. G. A quorum for the transaction of business shall consist of three of the Commission's members, but not less than a majority of the full authorized membership may grant or deny a certificate of appropriateness. H. All members shall attend and complete relevant training programs as the Town Board may require. I. The Commission shall publish and update as needed A Guide to Historic Preservation in Southold Town. § 170-6 Certificate of appropriateness for alteration, demolition or new construction. A. No person shall carry out any of the following activities without first obtaining a certificate of appropriateness specifically permitting such activity from the Town of Southold Historic Preservation Commission: (1) The demolition or removal of landmarks designated as "historic" pursuant to § 170-5 of this chapter; or (2) The alteration of the facade of landmarks designated as "historic" pursuant to Southold Town Meeting Agenda - March 10, 2020 Page 32 § 170-5 of this chapter; or (3) New construction on a site previously occupied by a landmark designated as “historic” pursuant to § 170-5 of this chapter. B. No demolition or building permit shall be issued for such activities without such certificate of appropriateness. The certificate of appropriateness required by this chapter shall be in addition to and not in lieu of any building permit that may be required by any other chapter of the Town Code of the Town of Southold. § 170-7 Application for certificate of appropriateness. A. In all cases where a certificate of appropriateness is required by the Historic Preservation Commission, an applicant shall provide the Historic Preservation Commission with the following information on the prescribed form: (1) Name, address and telephone number of the applicant; location, Tax Map number, and photographs of each side of the landmark; and a brief description of the landmark indicating (approximate) date of construction, name of architect (if known), historic and/or architectural and archaeological significance and a description of its setting, including related grounds, accessory buildings and structures and property boundaries, the nature of the work proposed, and elevation drawings, if available; (2) History of the recent (i.e., past 10 years) use, occupancy and ownership of the property; (3) Name, address and telephone number of the individual, contractor, or corporation performing the work; (4) Application fee receipt; and (5) Any information required by the Historic Preservation Commission to make a determination on an application. B. The Historic Preservation Commission shall hold a public hearing within 60 days after receipt of an application completed in accordance with this section. At the hearing, all interested persons shall be provided the opportunity to present their views. Notice of the public hearing shall be published at least once in a newspaper of general circulation in the Town, i.e., the Town's official newspaper, at least 10 days prior to the date of the public Hearing. At the hearing, the Historic Preservation Commission may take testimony and entertain the submission of written evidence from any person. C. Action on application. (1) The Historic Preservation Commission shall act to approve, deny or approve with conditions the application for a certificate of appropriateness within 60 calendar days after the conclusion of the hearing except where such time shall be extended by mutual agreement of the Historic Preservation Commission and the applicant. Such determination shall be in writing and accompanied by findings, which findings shall seek to balance, to the extent practicable, the objectives of the applicant with broader issues that may be associated with the value of the historic site or landmark to the community's heritage. Within seven days following the determination, the applicant shall be sent by registered mail either an a certificate of appropriateness or a denial and a copy thereof shall be provided to the Building Department of the Town. Southold Town Meeting Agenda - March 10, 2020 Page 33 (2) In the case of the granting of a certificate of appropriateness, the Historic Preservation Commission shall be empowered to impose reasonable conditions upon the applicant to ensure that the activity is conducted in a manner which is consistent with the spirit and intent of this chapter. (3) A denial of the application shall be accompanied by a written statement of the reasons for the denial. In the case of denial, the Historic Preservation Commission shall be required to make recommendations to the applicant concerning reuse or restoration of the landmark. The Historic Preservation Commission may also notify a governmental agency with the authority to acquire the property and prevent its demolition through exercise of its power of eminent domain. § 170-8 Criteria for approval of alteration of facades of historic landmarks. A. The Historic Preservation Commission, in reviewing an application for the alteration of the facades of landmarks designated as "historic" pursuant to § 170-5 of this chapter, shall not consider changes to interior spaces. In addition to the factors enumerated in § 170-9 10A, the Commission shall consider the following criteria: (1) Whether the proposed alteration is consistent with principles of adaptive reuse, whereby the principal historic features of the landmark are maintained while permitting the use of the landmark for new uses other than its original use; (2) The similarity in design, architecture and appearance of the proposed alteration with the historic design, architecture and appearance; (3) The necessity for complying with the applicable building codes or other federal or state regulations; (4) The necessity of such alteration to allow for a use of the property permitted by the Town Code in the applicable zoning district; and (5) The public interest in preserving the historic features of the landmark and its relation to the historic character of the community and Town. § 170-9 Criteria for approval of new construction on a site previously occupied by a historic landmark. A. The Historic Preservation Commission, in reviewing an application for new construction on a site previously occupied by a landmark designated as “historic” pursuant to § 170-5 of this chapter, shall not consider changes to interior spaces. In addition to the factors enumerated in § 170-10A, the Commission shall consider the following criteria: (1) The similarity in design, architecture, scale, size and appearance of the new structure with the original structure being replaced; (2) The necessity for complying with the applicable building codes or other federal or state regulations; (3) The necessity of such alteration to allow for a use of the property permitted by the Town Code in the applicable zoning district; and (4) The public interest in preserving the historic features of the landmark and its relation to the historic character of the community and Town. § 170-9 10 Criteria for approval of demolition or removal of historic landmarks. A. In passing upon an application for certificate of appropriateness of demolition or Southold Town Meeting Agenda - March 10, 2020 Page 34 removal, the Historic Preservation Commission decision shall consider whether: (1) The landmark is of such architectural or historic interest that its demolition or removal would be to the detriment of the public interest; (2) Retention of the landmark in its current form or location is important to the Town's history or character; (3) The landmark is of such old and unusual or uncommon design, texture and material that it could not be reproduced or be reproduced only with great difficulty; (4) Retention of the landmark would help preserve and protect an historic place or area of historic interest in the Town; and (5) Retention of the landmark will promote the general welfare by maintaining and increasing real estate values and encourage interest in American and local history and architecture. B. If the Historic Preservation Commission determines that an application for certificate of appropriateness of demolition or removal should be denied, the applicant may apply for relief on the ground that the determination results in a hardship in accordance with the procedures in § 170-10 11. § 170-10 11 Hardship criteria for approval of demolition, removal, or alteration or new construction of historic landmarks. A. If the Historic Preservation Commission denies an application for the demolition, removal, or alteration or new construction of a landmark designated as "historic" pursuant to § 170-10 of this chapter, the applicant may request approval from the Town Board on the grounds that the prohibition on such demolition, or removal, alteration or new construction will subject the applicant to undue hardship. In evaluating whether such prohibition will subject the applicant to undue hardship, the Town Board shall consider the following criteria: (1) Whether the owner is capable of earning a reasonable return on investment without such demolition, removal, or alteration or new construction; (2) Whether the landmark can be altered, restored, renovated or adapted for any other use pursuant to a certificate of appropriateness under this chapter, either by the owner or a subsequent purchaser, which would enable a reasonable return; (3) Whether removal, or alteration or new construction is necessary or appropriate to preserve the landmark; (4) Whether the claimed hardship has been self-created by waste, neglect, or failure to maintain the landmark; and (5) The public interest in preserving the landmark and its relation to the historic character of the community and Town. B. Nothing herein shall be construed to prevent the demolition, removal or alteration of any structure which has been determined by resolution of the Town Board of the Town of Southold to be dangerous or unsafe. § 170-11 12 Appeals. Any person aggrieved by a decision of the Historic Preservation Commission relating to an application under this chapter may, within 30 days of the decision, file a written application with Southold Town Meeting Agenda - March 10, 2020 Page 35 the Town Board for review of the decision. Reviews shall be conducted based on the same record that was before the Commission and using the criteria set forth in this chapter. § 170-12 13 Enforcement. All activities conducted and work performed pursuant to a certificate of appropriateness issued by the Historic Preservation Commission under this chapter shall conform to the specific requirements of the certificate of appropriateness. It shall be the duty of the Code Enforcement Officer to inspect periodically any such activities or work to ensure compliance. In the event it is determined that such activities or work is not being conducted or performed in accordance with the certificate of appropriateness, the Code Enforcement Officer shall issue a stop-work order and all affected activities and work shall immediately cease. No further affected activities or work shall be undertaken while the stop-work order is in effect. § 170-1314 Penalties for offenses. Any violation of the provisions of this chapter shall be violation of the Town Code and shall be punishable by a fine not to exceed $1,000. Each week's continuing violation shall constitute a separate violation. The Town Attorney is authorized and directed to cooperate with the Code Enforcement Officer to institute any and all actions and proceedings necessary to enforce this chapter. Any civil remedy shall be in addition to and not in lieu of any criminal prosecution or penalty. 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-2020-255 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled  Withdrawn  James Dinizio Jr      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 Southold Town Meeting Agenda - March 10, 2020 Page 36 1. 3/10 7:00 Pm - PH Waiver Moratorium - Route 25