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Home My WebLink AboutAG-08/11/2020 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 August 11, 2020 3:00 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. Due to public health and safety concerns related to COVID-19, the Public will not be given in-person access. In accordance with the Governor’s Executive Order 202.1, said public hearing of the Town Board will be held via videoconferencing, and a transcript will be provided at a later date. The public will have an opportunity to see and hear the meeting live and provide comments virtually. The hearing will be held virtually via ZOOM Webinar. Instructions and link to attend the meeting will be available on the Town’s website or by calling the Town Clerk’s office at (631)765-1800. A telephone number will also be provided to allow members of the public to attend via telephone. Southold Town Meeting Agenda - August 11, 2020 Page 2 Written comments and/or questions may also be submitted via email to the Town Clerk at elizabeth.neville@town.southold.ny.us and Lynda.rudder@town.southold.ny.us . Said comments and/or questions will be considered at the public hearing provided that they are submitted no later than 12:00 P.M. (Prevailing Time) on the day of the public hearing. Pursuant to the requirements of the Executive Order of the Governor of the State of New York, a transcript will be prepared of the public hearing, and a copy shall be filed with the Town Clerk and placed upon the Town's website. Please check the meeting Agenda posted on the Town’s website (www.southoldtownny.gov) for further instructions or for any changes to the instructions to access the public hearing, and for updated information. CALL TO ORDER 3:00 PM Meeting called to order on August 11, 2020 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Present Absent Late Arrived Councilwoman Sarah E. Nappa    Councilman James Dinizio Jr    Councilwoman Jill Doherty    Councilman Robert Ghosio    Justice Louisa P. Evans    Supervisor Scott A. Russell    I. REPORTS 1. Justice Court Reports July 2020 2. Land Tracking Report 2nd Quarter 2020 3. Town Clerk Monthly Report July 2020 II. PUBLIC NOTICES III. COMMUNICATIONS IV. DISCUSSION 1. 9:00 AM - Donald Wilcenski, Heather Lanza and Mark Terry (All Via Zoom) Comprehensive Plan Public Hearing Preparation 2. Supervisor Russell Southold Town Meeting Agenda - August 11, 2020 Page 3 CARES Act Funding (Tele-med Services) 3. Supervisor Russell Bike Share 4. Committee Resumes/Re-Appointments (to be referred to executive) 5. Historic Preservation Commission Recommendation for Proposed Addition to Town Landmarks Registry 28775 Route 25, Orient 6. Walsh Park Change of Zone 7. North Fork Community Club Change of Zone 8. MIII Zoning-Plum Island Ferry 9. Announcement: Free Woodchips at Landfill 10. EXECUTIVE SESSION - Labor-Matters Involving the Employment of a Particular Person(S) - Town Attorney Code Enforcement Planning Department - Vacation Time Carry Over 11. OPEN SESSION - 9:30 AM - Sam Leone, Conifer LLC and Gwen O’Shea, Community Development Corp. of Long Island Conifer and Vineyard View Affordable Housing Lottery V. RESOLUTIONS 2020-478 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated August 11, 2020.  Vote Record - Resolution RES-2020-478 Adopted  Yes/Aye No/Nay Abstain Absent Adopted as Amended  Sarah E. Nappa     Defeated  James Dinizio Jr     Tabled  Southold Town Meeting Agenda - August 11, 2020 Page 4 Withdrawn  Jill Doherty     Supervisor's Appt  Robert Ghosio      Tax Receiver's Appt Louisa P. Evans      Rescinded  Town Clerk's Appt Scott A. Russell     Supt Hgwys Appt  No Action  Lost  2020-479 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, August 25, 2020 at the Southold Town Hall, Southold, New York at 7:00 P. M..  Vote Record - Resolution RES-2020-479 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 2020-480 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Daylight Project Contract Financial Impact: H.1989.2.500.100 RESOLVED that the Town Board of the Town of Southold authorizes and directs the Town Supervisor Scott A. Russell to execute a contract with James A. Richter, R.A. for professional Southold Town Meeting Agenda - August 11, 2020 Page 5 design services related to the Town Daylight Project at a cost of Four Thousand Two Hundred Dollars ($4,200.00), pursuant to the proposal dated July 8, 2020, subject to approval by the Town Attorney and funded from budget line H.1989.2.500.100.  Vote Record - Resolution RES-2020-480  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  2020-481 CATEGORY: Employment - Town DEPARTMENT: Accounting NYS Employees Retirement System RESOLVED that the Town Board of the Town of Southold/Location C hereby establishes the following as standard workdays for elected and appointed officials and will report the following days worked to the New York State and the Local Employees' Retirement System based on the record of activities maintained and submitted by these officials to the clerk of this body: Title Name Standard Term Participates Days/ Tier 1 Not Work Begins/Ends in Employer's Months (Check Submitted Day Time (based on only if (Check box if (Hrs/day) Keeping Records member no record of System (Y/N) of is in Tier activities Activities) 1) completed or timekeeping system) Justice Daniel Ross 6.00 1/1/20-12/31/23 N ☐ ☒ BE IT FURTHER RESOLVED, that said standard is being established to meet the accounting requirements of the New York State Employees Retirement System for calculation of retirement benefits, and BE IT FURTHER Southold Town Meeting Agenda - August 11, 2020 Page 6 RESOLVED, that the Town Clerk be and she hereby is authorized to send a certified copy of this resolution to the New York State Employees Retirement System.  Vote Record - Resolution RES-2020-481 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  2020-482 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District 2020 Budget Modification: SWMD Financial Impact: To fund replacement of primary fuel pump on Volvo loader. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2020 Solid Waste Management District budget as follows: From: SR 8160.4.100.525 Payloader/Truck Tires $1,950 SR 8160.4.400.250 Computer Software Support 1,000 SR 8160.4.450.301 Promotional Items 1,500 SR 8160.4.600.200 Meetings and Seminars 750 Total $5,200 To: SR 8160.4.100.553 Maint/Supply Volvo #1 $4,000 SR 8160.4.400.652 Repairs Volvo #1 $1,200 Total $5,200  Vote Record - Resolution RES-2020-482  Adopted Yes/Aye No/Nay Abstain Absent  Adopted as Amended Sarah E. Nappa      Defeated James Dinizio Jr     Tabled  Southold Town Meeting Agenda - August 11, 2020 Page 7 Withdrawn  Jill Doherty     Supervisor's Appt  Robert Ghosio      Tax Receiver's Appt Louisa P. Evans      Rescinded  Town Clerk's Appt Scott A. Russell     Supt Hgwys Appt  No Action  Lost  2020-483 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Resolution 2020-121 RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves Resolution Number 2020-121 of the Fishers Island Ferry District adopted August 3, 2020 to read as follows: WHEREAS the Ferry District requires additional Deckhands (FIFD); Therefore, it is RESOLVED to reinstate, with effect August 12, 2020, Jonathan Allen as a part-time Deckhand (FIFD) at a rate of $13.66 per hour. It is further RESOLVED to temporarily appoint with effect August 14, 2020 Mr. Allen from part-time to full-time summer seasonal status Deckhands (FIFD). On September 15, 2020, Mr. Allen will terminate his summer seasonal position and on September 16, 2020 be re-appointed to part-time Deckhand (FIFD).  Vote Record - Resolution RES-2020-483 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 - August 11, 2020 Page 8 2020-484 CATEGORY: Landfill Misc. DEPARTMENT: Solid Waste Management District Woodchip Fee Waiver RESOLVED by the Town Board of the Town of Southold that, to help provide adequate space for debris received from tropical storm Isaias, fees for the removal of woodchips from the Cutchogue compost facility are hereby waived until further notice.  Vote Record - Resolution RES-2020-484 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 2020-485 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Public Works GEE - Downs Farm Preserve Financial Impact: A.1620.4.500.100 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an agreement with the Group for the East End in connection with environmental and stewardship programs at the Downs Farm Preserve and other appropriate sites or preserves for the amount of $25,000 for the term of January 1, 2020 through December 31, 2020, all in accordance with the approval of the Town Attorney.  Vote Record - Resolution RES-2020-485 Adopted  Yes/Aye No/Nay Abstain Absent Adopted as Amended  Sarah E. Nappa     Defeated  Tabled  James Dinizio Jr      Withdrawn Jill Doherty      Supervisor's Appt Southold Town Meeting Agenda - August 11, 2020 Page 9 Tax Receiver's Appt  Robert Ghosio     Rescinded  Louisa P. Evans      Town Clerk's Appt Scott A. Russell      Supt Hgwys Appt  No Action Lost  2020-486 CATEGORY: Budget Modification DEPARTMENT: Accounting 2020 Budget Modification - Emergency Preparedness Financial Impact: Increase budget for certain COVID-19 expenditures RESOLVED that the Town Board of the Town of Southold hereby modifies the 2020 General Fund Whole Town budget as follows: From: A.1990.4.000.100 Unallocated Contingencies $6,000 Total $6,000 To: A.3640.4.100.100 Emergency Preparedness, Misc Supplies $1,000 A.3640.4.100.200 Emergency Preparedness, Other Equip 1,000 A.3640.4.400.300 Emergency Preparedness, Contract Svc 4,000 Total $6,000  Vote Record - Resolution RES-2020-486  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 - August 11, 2020 Page 10 2020-487 CATEGORY: Budget Modification DEPARTMENT: Accounting 2020 Budget Modification - DPW Financial Impact: Increase budget for Downs Farm Contract RESOLVED that the Town Board of the Town of Southold hereby modifies the 2020 General Fund Whole Town budget as follows: From: A.1620.4.400.300 DPW, Dredging Goldsmiths $500 A.1620.4.600.250 DPW, Meeting & Seminars 500 Total $1,000 To: A.1620.4.500.100 DPW, Downs Farm Services $1,000 Total $1,000  Vote Record - Resolution RES-2020-487  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  2020-488 CATEGORY: Advertise DEPARTMENT: Human Resource Center Request to Advertise for PT Minibus Driver RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for two weeks for the position of PT Minibus Driver for the Human Resource Center for at a rate of $19.11 per hour.  Vote Record - Resolution RES-2020-488  Adopted Yes/Aye No/Nay Abstain Absent Adopted as Amended  Southold Town Meeting Agenda - August 11, 2020 Page 11 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  2020-489 CATEGORY: Employment - Town DEPARTMENT: Accounting Amend Resolution 2020-396 RESOLVED that the Town Board of the Town of Southold hereby amends Resolution Number 2020-396 to read as follows: RESOLVED that the Town Board of the Town of Southold hereby acknowledges the intent to retire of Roxana Cruz from the position of Spanish Speaking Clerk for the Police Department, effective August 29, 2020.  Vote Record - Resolution RES-2020-489  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  2020-490 CATEGORY: Employment - Town Southold Town Meeting Agenda - August 11, 2020 Page 12 DEPARTMENT: Accounting Acknowledges the Intent to Retire Roxana Cruz WHEREAS, the Town of Southold has received notification via U.S. Mail on August 10, 2020 from the NYS Retirement System concerning the retirement of Roxana Cruz effective August 29, 2020 now therefore be it RESOLVED that the Town Board of the Town of Southold hereby acknowledges the intent to retire of Roxana Cruz from the position of Clerk (Spanish Speaking) for the Police Department, effective August 29, 2020.  Vote Record - Resolution RES-2020-490 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  2020-491 CATEGORY: Employment - Town DEPARTMENT: Accounting Retirement Resolution for Elected Officials WHEREAS, the State of New York has set additional reporting requirements in Section 315.4 of the New York Codes, Rules and Regulations which requires all elected and appointed officials whose terms start on or after August 12, 2009, who are members of the New York State and Local Retirement System and who do not participate in their employer’s time keeping system to prepare a log of their work-related activities for three consecutive months and submit their logs to the clerk or secretary of the governing body within 150 days of the start of their term; NOW THEREFORE, BE IT RESOLVED that the Town Board of the Town of Southold hereby establishes the following as standard workdays for elected and appointed officials and will report the following days worked to the New York State and the Local Employees’ Retirement System based on the record of activities maintained and submitted by these officials to the clerk of this body: Southold Town Meeting Agenda - August 11, 2020 Page 13 Title Name Standard Term Begins/ Participates in Days/Month(based on Work Ends Employer’s Record of Activities) Day Time Keeping (Hrs/day) System Town Tax Receiver Kelly Fogarty 6 12/1/19-11/30/23 N 27.33 days/month BE IT FURTHER RESOLVED, that said standard is being established to meet the accounting requirements of the New York State Employees Retirement System for calculation of retirement benefits, and BE IT FURTHER RESOLVED, that the Town Clerk be and she hereby is authorized to send a certified copy of this resolution to the New York State Employees Retirement System. I, Elizabeth A. Neville, Town Clerk of the governing board of the Town of Southold of the State of New York, do hereby certify that I have compared the foregoing with the original resolution passed by such th board, at a legally convened meeting held on the 11 day of August, 2020 on file as part of the minutes of such meeting, and that the same is a true copy thereof and the whole of such original. I further certify that the full board, consists of six (6) members, and the six (6) of such members were present at such meeting and the six (6) of such members vote in favor of the above resolution. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Town of Southold, on this th 11 day of August, 2020. S E A L ____________________________________ Elizabeth A. Neville Town Clerk Town of Southold  Vote Record - Resolution RES-2020-491  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 - August 11, 2020 Page 14 2020-492 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 #3329 effective July 6, 2020 pursuant to the Family Medical Leave Act.  Vote Record - Resolution RES-2020-492 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 2020-493 CATEGORY: Legal DEPARTMENT: Town Attorney SOA - Automechanic III RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a Stipulation of Agreement between the Town of Southold and the CSEA Local 1000, AFSCME, AFL-CIO, Town of Southold Unit 8785 of Suffolk Local 852, regarding the hiring of an Automotive Mechanic III, subject to approval by the Town Attorney.  Vote Record - Resolution RES-2020-493 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  Rescinded Louisa P. Evans      Town Clerk's Appt  Scott A. Russell     Supt Hgwys Appt  No Action  Southold Town Meeting Agenda - August 11, 2020 Page 15 Lost  2020-494 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint John Bakowski Automotive Mechanic III RESOLVED that the Town Board of the Town of Southold hereby appoints John Bakowski to the position of Automotive Mechanic III for the Highway Department, effective August 27, 2020, at a rate of $31.8249 per hour subject to pre-employment DOT testing requirements and background search completion.  Vote Record - Resolution RES-2020-494  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  2020-495 CATEGORY: Employment - Town DEPARTMENT: Accounting Accepts Resignation of Erica Bufkins RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Erica Bufkins from the position of FT Planner for the Planning Department effective close of business August 6, 2020.  Vote Record - Resolution RES-2020-495  Adopted Yes/Aye No/Nay Abstain Absent Adopted as Amended  Sarah E. Nappa     Defeated  Southold Town Meeting Agenda - August 11, 2020 Page 16 Tabled  James Dinizio Jr     Withdrawn  Jill Doherty      Supervisor's Appt Robert Ghosio      Tax Receiver's Appt  Rescinded Louisa P. Evans     Town Clerk's Appt  Scott A. Russell     Supt Hgwys Appt  No Action  Lost  2020-496 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney PH 9/8 4:30 Pm LL Chapter 51 WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk th County, New York, on the 11 day of August , 2020, a Local Law entitled “A Local Law in relation to an Amendment to Chapter 51, Police Department in connection with the establishment of a Board of Police Commissioners.” now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 8th day of September, 2020 at 4:30 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 51, Police Department in connection with the establishment of a Board of Police Commissioners.” reads as follows: LOCAL LAW NO. 2020 A Local Law entitled, “A Local Law in relation to an Amendment to Chapter 51, Police Department in connection with the establishment of a Board of Police Commissioners.” BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The purpose of this local law is to provide proper support and oversight of the operations of the police department. II. Chapter 51-2 of the Code of the Town of Southold is hereby amended as follows: Southold Town Meeting Agenda - August 11, 2020 Page 17 § 51-2 Board of Police Commissioners. A. The Town Board of the Town of Southold has determined that in order to provide proper support and oversight of the operations of the police department it is necessary to supersede the provisions of Town Law section 150 (2) pursuant to the Municipal Home Rule Law of the State of New York. at any time by resolution, may establish a Board of Police Commissioners for the Town and appoint one or three Police Commissioners, who shall, at the time of their appointment and throughout their term of office be owners of record of real property in and electors of the Town, and who shall serve without compensation and at the pleasure of the Town Board. If the Town Board shall appoint only one such Police Commissioner, it shall, in addition, designate two members of the Town Board to serve as members of such Police Commission. B. The Town Board hereby establishes a board of Police Commissioners and that each member of the Town Board shall be designated a Commissioner of said Board of Commissioners and may also, by resolution, designate the Supervisor to serve as Police Commissioner, and when so designated, such Supervisor shall have all the powers of and perform the duties of such Board of Police Commissioners. C. When either of such Boards of Police Commissioners shall have been established or the Supervisor designated as Police Commissioner, such Board of Police Commissioners or Police Commissioner shall have and exercise all the powers relative to police matters conferred upon the Town Board by this chapter. D. The Town Board may, by resolution, at any time abolish such Police Commission or revoke the designation of such Supervisor as Police Commissioner and thereupon the Town Board only shall exercise the powers conferred upon it by this chapter. 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-2020-496 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 - August 11, 2020 Page 18 Supt Hgwys Appt  No Action   Lost 2020-497 CATEGORY: Special Events DEPARTMENT: Town Clerk American Legion Car Show RESOLVED that the Town Board of the Town of Southold hereby grants permission to the American Legion Griswold-Terry-Glover Post 803 to hold an Antique Car Show on August 30, 2020 from 9:00 AM to 4:00 PM at the American Legion, Main Road, Southold and a partial closure of Tuckers Lane, provided the applicant: files with the Town Clerk a Two Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured; complies with all the provisions of the Town’s Special Permit Policy, and; complies with all current, or as may be amended, Executive Orders issued by the Governor of the State of New York in response to the COVID-19 pandemic. All fees associated with this approval shall be waived, with the exception of the clean-up deposit.  Vote Record - Resolution RES-2020-497 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 2020-498 CATEGORY: Equipment DEPARTMENT: Accounting Police Dept Transfer of Asset to Dept of Public Works Southold Town Meeting Agenda - August 11, 2020 Page 19 RESOLVED that the Town Board of the Town of Southold hereby transfers Asset #3361, 2005 Ford F150 Crown Victoria with VIN #2FAHP71W35X138818 from Southold Town Police Department to the Southold Town Department of Public Works, effective immediately.  Vote Record - Resolution RES-2020-498  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  2020-499 CATEGORY: Recommendations DEPARTMENT: Town Attorney Second Parsonage Designation RESOLVED that the Town Board of the Town of Southold hereby designates the George Young farmhouse as historic and is to be added to the town’s register of Historic Landmarks; the house is owned by Robert Hanlon and Jessica Frankel and is located at SCTM 1000-18-6-25, 28775 Route 25, Orient, New York, all in accordance with Chapter 170 of the Southold Town Code, the recommendation for designation by the Southold Town Historic Preservation Commission, and acceptance of designation by property owners.  Vote Record - Resolution RES-2020-499  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 - August 11, 2020 Page 20 2020-500 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney PH 9/8 4:30 Pm Change of Zone 15-9-9 WHEREAS on October 22, 2019 the Town Board of the Town of Southold adopted the Marine III Zoning District (M-III); and WHEREAS the purpose of the Marine III (MIII) District is to provide a waterfront location in the portion of the Town located on Long Island for ferry service to and from Plum Island; and WHEREAS the primary access to and from Long Island to Plum Island is currently provided by a ferry operated by the federal government on a 9.0s acre parcel located in Orent Point and identified on the Suffolk county Tax map as parcel # 1000-15.-9-9; and WHEREAS the federal government, which currently owns Plum Island, has announced its intention to close the research facility on Plum Island and eventually sell the island; and WHEREAS the Town Board has previously requested the Planning Board to prepare a report and recommendations on the rezoning; and WHEREAS the Planning Board in a memorandum dated March 6, 2020 recommended that the zoning of the aforementioned parcel be changed from M-II to M-III, therefore be it RESOLVED that the Town Board of the Town of Southold is considering the change of zone of this parcel of property from M-II to M-III, and it is further RESOLVED that the Town Clerk forward the matter to the Suffolk County Planning Commission for review and recommendation; and be it further RESOLVED that pursuant to the requirements of NYS Town Law and the Code of the Town of Southold, Suffolk County, New York, the Town Board of the Town of Southold will hold a public hearing on a proposed Local Law entitled “A Local Law to amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of SCTM 1000-15.-9-9 from Marine II to Marine III” at the Southold Town Hall, 53095 Main Road, Southold, New York at 4:30 p.m., Tuesday, September 8, 2020.  Vote Record - Resolution RES-2020-500 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 - August 11, 2020 Page 21 Rescinded  Louisa P. Evans     Town Clerk's Appt  Scott A. Russell      Supt Hgwys Appt  No Action  Lost 2020-501 CATEGORY: Ratify Fishers Island Reso. DEPARTMENT: Fishers Island Ferry District FIFD 8/3/20 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 August 3, 2020, as follows: FIFD Resolution# Regarding 2020 - 114 Budget Mod 2020 - 118 Insurance 2020 - 119 Election Inspectors 2020 - 120 Rescind  Vote Record - Resolution RES-2020-501 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 2020-502 Southold Town Meeting Agenda - August 11, 2020 Page 22 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL Chapter 117 Sanitary Flow Credits WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk th County, New York, on the 14 day of July, 2020, a Local Law entitled “A Local Law in relation to Amendments to Chapter 117, Development Rights, Transfer of, in connection with Sanitary Flow Credits” 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 therefore be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, “A Local Law in relation to Amendments to Chapter 117, Development Rights, Transfer of, in connection with Sanitary Flow Credits” reads as follows: LOCAL LAW NO. 2020 A Local Law entitled, “A Local Law in relation to Amendments to Chapter 117, Development Rights, Transfer of, in connection with Sanitary Flow Credits”. BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The purpose of this local law is to improve the transfer of sanitary flow credits in support of affordable housing projects, as well as dealing with impacts to the public’s health, safety and welfare that result therefrom. II. Chapter 117 of the Code of the Town of Southold is hereby amended to include the underlined words and removal of struck through portions as follows: § 117-3 Definitions. Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, Unabridged (or the latest edition). ELIGIBLE PROJECT The following projects are eligible to receive sanitary flow credits: 1. Projects located in a receiving district that are permitted uses in the zoning district in which the subject property is located. 2. Projects in an Affordable Housing Zoning District; 3. Town of Southold municipal buildings. Southold Town Meeting Agenda - August 11, 2020 Page 23 SANITARY FLOW RIGHT - The right to discharge to the groundwater 300 gallons of wastewater per day pursuant to the Suffolk County Sanitary Code. RECEIVING DISTRICT - An area of the Town that is desirable to be developed more intensively than areas outside the district. RECEIVING PARCEL - Land within a receiving district to which sanitary flow generated from one or more sending parcels are transferred. TRANSFER OF SANITARY FLOW CREDITS - Sanitary flow shall be transferred from a lot, parcel or area of land to another area of land in one or more receiving districts at rate of three hundred (300) gallons per day (gpd) of flow. A sanitary flow credit shall correspond to per twenty thousand (20,000) square feet of lot area which is the equivalent of three hundred (300) gallons per day (GPD) flow (e.g., a one (1) acre lot in an R-40 zone could send two (2) density flow credits). SENDING DISTRICT - An area of the Town that is desirable to be preserved as open space. SENDING PARCEL - Land from which sanitary flow credits are severed for use in one or more receiving areas in the Town of Southold. TRANSFER OF SANITARY FLOW CREDITS - The process by which sanitary flow credits are transferred from one lot, parcel, or area of land in any sending district to another lot, parcel, or area of land in one or more receiving districts. § 117-4 Applicability; general prohibitions. A. Applicability. Any and all sanitary flow credit transfers within the Town of Southold shall be in accordance with this chapter. B. General prohibitions. (1) If not expressly permitted within this chapter, the transfer of sanitary flow credits is prohibited. (2) All transfers of sanitary flow credits from parcels located outside of the Town of Southold's boundaries are prohibited. (3) All transfers of sanitary flow credits from or to properties that are not recognized pursuant to § 280-9 of the Town Code or that do not contain sufficient buildable land area, as defined in § 280-4 of the Town Code, are prohibited. § 117-5 Sanitary flow credit bank. The Town hereby establishes a sanitary flow credit bank (SFC bank) in which sanitary flow credits may be received, retained and sold by the Town Board in the best interests of the Town. All sanitary flow credits transferred into the bank must first be accepted by Town Board resolution in accordance with the terms of this chapter. All receipts and proceeds from sales of sanitary flow credits sold from the Town bank shall be deposited into a special municipal account known as the "Community Preservation Fund," to be used in a manner specified in Southold Town Meeting Agenda - August 11, 2020 Page 24 Chapter 17 of the Town Code. A. The only development right that may be transferred into and out of the SFC bank is a sanitary flow credit. B. The lands from which sanitary flow credits are to be transferred into the bank were acquired shall remain preserved in perpetuity by a permanent conservation easement or other instrument that similarly preserves community character as defined and set forth in the definition of "community preservation" in Chapter 17 of the Town Code. The easement or other document shall be in a form approved by the Town Attorney. § 117-6 Sanitary flow credit transfer. The sanitary flow credit transfer will allow the Town to bank sanitary flow credits from preserved land in the SFC bank and later sell those credits for use exclusively in connection with affordable housing on parcels within a receiving district. The sale price of the credits shall be determined by resolution of the Town Board, and such factors as the appraised value of the sanitary flow credit and the public benefit provided to the community shall be considered. All transfers of sanitary flow credits within the Town of Southold must pass through the SFC bank. A. Designation of sending and receiving districts. (1) The sending district shall be any zoning district in the Town of Southold that is not defined as a receiving district. (2) The receiving district shall be any land designated as General Business (B) Hamlet Business (HB) or Residential Office (RO), or land designated as an Affordable Housing District (AHD) after March 1, 2005. (3) Sending and receiving areas shall be in the same groundwater management zone. (4) Nothing herein shall prevent the transfer of sanitary flow credits from a lot, parcel or area of land within a receiving district to another lot, parcel or area of land within the same receiving district B. Designation of development rights. A development right, for the purposes of this chapter, shall be limited to a sanitary flow credit. B. Project Criteria. (1) In order to qualify for the transfer of sanitary flow, a project must be an “eligible project” as defined in section 117-3, (2) For any mixed use project that includes housing, at least half of the dwelling units proposed must be proposed as affordable housing units as defined by section 280-30. (3) For any project that is strictly a proposed residential project, all of the dwelling units must be proposed as affordable dwelling units as defined by section 280-30. § 117-7 Determination of credits to be deposited; duties of Clerk. A. Upon receipt of a contract (executed by the seller) for the Town's acquisition of a parcel of property or the development rights thereon, and prior to the public Southold Town Meeting Agenda - August 11, 2020 Page 25 hearing on the purchase, the Land Preservation Coordinator shall provide to the Town Board a calculation of the sanitary flow credits available, subject to survey, for transfer from the parcel of property upon the closing of the contract in accordance with its terms. B. Following the closing on the parcel, the sanitary flow credits from the property shall be placed into the Town SFC bank by resolution of the Town Board, which resolution shall set forth the number of sanitary flow credits and the source of the credits. The Town Clerk shall maintain a log detailing the credits transferred into the bank, as provided by the Land Preservation Coordinator in a form approved by the Town Board. C. The Town Clerk shall forward the resolution to the Tax Assessor's office, the Land Preservation Department, the Special Projects Coordinator and the Planning Department for inclusion in the Town database and geographic information system (GIS). § 117-8 Irreversible transfer. No sanitary flow credits shall be transferred back to the sending parcel once the development rights have been transferred. No sanitary flow credits may be transferred out of a parcel which has previously had all of its development rights extinguished under the Town of Southold, Suffolk County, or New York State acquisition of development rights program or other easement, transfer, restrictive covenant or otherwise. § 117-9 Procedure for transfer from bank to receiving district. Upon application by the owner of an individual parcel in a receiving district, the Town Board may permit the transfer of a sanitary flow credit to such parcel by proceeding in the manner set forth below: A. Notice to adjacent property owners shall be given by the applicant in the same manner as set forth in § 280-159 relating to change-of-zone applications. B. The Town Board, before publishing notice for a public hearing, shall comply with all State Environmental Quality Review Act (SEQRA) requirements, and costs associated with review shall be paid by the applicant. C. The Town Board, before publishing notice for a public hearing, shall, in a written request, instruct the Town Planning Board and the Building Inspector to prepare an official report regarding the proposed transfer, including the Planning Board recommendations. The Building Inspector report shall certify the use in the zone proposed and comment on the proposed project. The Planning Board shall consider the factors set forth in § 117-7E below in its report and recommendations. D. The Town Board, by resolution adopted at a stated meeting, shall fix the time and place of a public hearing on the proposed transfer and cause at least 10 days' notice of such hearing to be published in the official newspaper. Southold Town Meeting Agenda - August 11, 2020 Page 26 E. Before the transfer of sanitary flow credits may be authorized to any receiving district, the Town Board shall determine, after evaluating the effects of potential increased development which is possible under the transfer of development rights provisions, that would result from the proposed transfer of sanitary credits, that the district contains adequate resources, environmental quality and public facilities, including adequate transportation, water supply, waste disposal and fire protection; that there will be no significant environmentally damaging consequences; and that such increased development is compatible with comprehensive planning and the development otherwise permitted by the Town and by the federal, state and county agencies having jurisdiction to approve permissible development within the district. F. The Town Board may condition the transfer of sanitary flow credits on the applicant filing covenant and restrictions against the receiving parcel imposing conditions on the receiving parcel that the Town Board deems appropriate and necessary to ensure that the criteria in paragraph “E” of this section are met. In projects involving affordable housing, the applicant shall be required to file covenants and restrictions stating that the affordable housing created shall remain affordable in perpetuity. FG. Sanitary flow credits shall not be transferred out of the school, special assessment or tax districts unless the Town Board determines that there is no other available lot within said districts to which a sanitary flow credit may reasonably be transferred and that the transfer does not unreasonably transfer the tax burden between the taxpayers of such districts. GH. Following the public hearing, the Town Board may, by resolution authorize the transfer of sanitary flow credits. The resolution shall state that the applicant shall receive a sanitary flow credit certificate, which shall not be signed by the Supervisor and released by the Town Clerk to the applicant until the covenants and restrictions as set forth at § 117-11 have been filed and such filing has been approved by the Town Attorney. § 117-10 Sanitary flow credit certificate. A. An applicant must obtain and present a sanitary flow credit certificate to the Building Department prior to receiving a building permit. B. The sanitary flow credit certificate shall state the specific use for the transferred credit and may be used only for construction of the project listed on the certificate. C. The Town Clerk shall maintain a log detailing the sanitary flow credit certificates that have been issued by the Town Board, and such log shall contain the source and location of the transferred credit. Southold Town Meeting Agenda - August 11, 2020 Page 27 D. The Town Clerk shall provide notice of the issuance of a sanitary flow credit certificate to the Town Attorney, the Tax Assessor's office, the Land Preservation Department, the Special Projects Coordinator and the Planning Department. § 117-11 Covenants and restrictions. A. Following the Town Board resolution granting a transfer of a sanitary flow credit to a recipient pursuant to the procedures set forth in this chapter, the applicant shall file in the office of the Suffolk County Clerk any required covenants and restrictions in a form approved by the Town Attorney. The covenants and restrictions shall contain terms and conditions as the Town Board and the Planning Board deem necessary to ensure that 1) the criteria for approving the transfer of sanitary flow credits contained in paragraph “E” of section 117-09 are met, 2) than any affordable the dwelling unit created by the transferred credit remains affordable in perpetuity, and 3) that the affordable dwelling unit shall be leased or sold only to eligible individuals registered with the Town of Southold Housing Registry., and 4) that the The sale and/or lease of the dwelling unit that has been constructed with the transferred credit shall be administered through the Town of Southold pursuant to the provisions of Chapter 34, Housing Fund, and §§ 280-24 through 280-33, Affordable Housing (AHD) District, and the sale and/or lease price shall be set by resolution of the Town Board. B. A copy of the filed covenants and restrictions must be filed with the Town Clerk within 30 days of the approving resolution. No sanitary flow credit certificate shall be issued until the covenants and restrictions have been filed and such filing has been approved by the Town Attorney. C. The Town Clerk shall forward the covenants and restrictions to the Town Attorney, the Tax Assessor's office, the Land Preservation Department, the Special Projects Coordinator and the Planning Department for inclusion in the Town database. § 117-12 Revocation. Failure to comply with any of the requirements set forth in this chapter may result in revocation of the transferred sanitary flow credit. A sanitary flow credit may be revoked by Town Board resolution following a public hearing after 10 days' written notice of the hearing, by personal service or certified mail, has been given to the property owner. § 117-13 Expiration. Any sanitary flow credit transferred to a recipient for construction of an affordable dwelling unit shall expire and be returned to the bank one year after transfer if the dwelling unit has not been issued a certificate of occupancy unless an extension of time has been requested by the property owner and granted by the Town Board. A request for an extension of time shall be made one month in advance of the expiration. A sanitary flow credit shall be returned to the bank by resolution of the Town Board, and notice thereof shall be given by the Town Clerk to those Town departments referenced in § 117-10D. Southold Town Meeting Agenda - August 11, 2020 Page 28 § 117-14 Return of credit to bank. In the B, HB or RO Zoning Districts, a property owner may apply to the Town Board to return the transferred sanitary flow credit to the bank and extinguish the affordable housing covenants and restrictions applicable to the property. The Town Board shall hold a public hearing on the application, and notice shall be given in accordance with Chapter 55, Public Hearings, Notice of. A sanitary flow credit shall be returned to the bank by resolution of the Town Board, and notice thereof shall be given by the Town Clerk to those Town departments referenced in § 117-10D. 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 chapter shall take effect immediately upon filing with the Secretary of State as provided by law.  Vote Record - Resolution RES-2020-502 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  2020-503 CATEGORY: Bond DEPARTMENT: Fishers Island Ferry District Resolution & Order After Public Hearing FIFD WHEREAS, the Board of Commissioners of the Fishers Island Ferry District (the “District”), in the Town of Southold (the “Town”), Suffolk County, New York, pursuant to a resolution of said Board of Commissioners, which together with a petition in due form, was duly submitted to the Town Board (the “Town Board”) of the Town, has requested that Town Board call a public hearing to hear all persons interested in the subject thereof; and Southold Town Meeting Agenda - August 11, 2020 Page 29 WHEREAS, on July 14, 2020, the Town Board of the Town of Southold (herein called the “Town”), in the County of Suffolk, New York, on behalf of the District, adopted an Order pursuant to Section 202-b of the Town Law, describing in general terms a proposed increase and improvement of facilities, consisting of the replacement of four (4) engines and ancillary components on the Ferry Race Point to meet service needs between New London, Connecticut and Fishers Island, at the aggregate estimated maximum cost of $1,265,000; and said Order stated that the Town Board would meet to hear all persons interested in said increase and improvement of facilities on August 11, 2020 at 3:00 o’clock P.M. (Prevailing Time) at the Town Hall, 53095 Main Road, Southold, New York; and WHEREAS, it is expected that grant funds will be received, including a VW Environmental Mitigation Grant, administrated by the State of Connecticut, and any such grant funds received are authorized to be used to pay a part of the cost of such project, or to pay debt service related thereto; and WHEREAS, a Notice of said public hearing was duly published and posted pursuant to the provisions of Article 12 of the Town Law; and WHEREAS, said public hearing was duly held by the Town Board on August 11, 2020 at 3:00 o’clock P.M. (Prevailing Time) at the Town Hall, 53095 Main Road, Southold, New York, with considerable discussion on the matter having been had and all persons desiring to be heard having been heard, including those in favor of and those in opposition to said increase and improvement of such facilities; and WHEREAS, the District, as lead agency, has given due consideration to the impact that the project described herein may have on the environment pursuant to the State Environmental Quality Review Act (SEQRA), constituting Article 8 of the Environmental Conservation Law, and 6 NYCRR, Regulations Part 617.5 and has determined that the acquisition of a high speed ferry is a Type II action and no further environmental review is required for said project; Now, therefore, on the basis of the information given at such hearing, it is hereby DETERMINED, that it is in the public interest to increase and improve the facilities of the District as hereinabove described, at the estimated maximum cost of $1,265,000; and it is hereby ORDERED, that the facilities of the District shall be so increased and improved and that the Board of Commissioners shall prepare plans and specifications and make a careful estimate of the expense for said increase and improvement of such facilities and, with the assistance of Attorney for said Board, shall prepare a proposed contract for such increase and improvement of facilities of the District, which plans and specifications, estimate and proposed contract shall be presented to the Town Board as soon as possible; and it is hereby Southold Town Meeting Agenda - August 11, 2020 Page 30 FURTHER ORDERED, that the expense of said increase and improvement of facilities shall be financed as hereinabove set forth, and the costs thereof, including payment of the principal of and interest on the obligations authorized to be issued, shall be assessed, levied and collected by the Town Board from the several lots and parcels of land within the District in the same manner and at the same time as other Town charges, but if not paid from such source, all the taxable property within said Town shall be subject to the levy of ad valorem taxes, in an amount sufficient to pay the principal of and interest on said obligations; and it is hereby FURTHER ORDERED, that the Town Clerk record, or cause to be recorded, a certified copy of this Resolution and Order After Public Hearing in the office of the Clerk of Suffolk County within ten (10) days after adoption hereof.  Vote Record - Resolution RES-2020-503 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  2020-504 CATEGORY: Bond DEPARTMENT: Fishers Island Ferry District Bond Resolution FIFD WHEREAS, after a public hearing duly called and held, the Town Board of the Town of Southold (herein called the “Town”), in the County of Suffolk, New York determined that it is in the public interest to increase and improve the facilities of the Fishers Island Ferry District (referred to herein as the “District”), and ordered that such facilities be so improved; Now, therefore, be it RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK (by the favorable vote of not less than two-thirds of all the members of said Board) AS FOLLOWS: Section 1. The Town hereby appropriates the amount of $1,265,000 for the increase and improvement of facilities of the District, consisting of the replacement of four (4) engines and ancillary components on the Ferry Race Point to meet service needs between New Southold Town Meeting Agenda - August 11, 2020 Page 31 London, Connecticut and Fishers Island. The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $1,265,000. The plan of financing includes the issuance of bonds in the principal amount of $1,265,000 to finance said appropriation, and the assessment, levy and collection of assessments upon the several lots and parcels of land within the District in the same manner and at the same time as other Town charges, but if not paid from such source, all the taxable property within said Town shall be subject to the levy of ad valorem taxes, in an amount sufficient to pay the principal of and interest on said obligations. It is expected that grant funds will be received including a VW Environmental Mitigation Grant, administrated by the State of Connecticut, and any such grant funds received are authorized to be used to pay a part of the cost of such project, or to pay debt service related thereto. If such grant funds are received, the principal amount of bonds issued shall be reduced by a like amount. Section 2. Bonds of the Town are hereby authorized to be issued in the principal amount of $1,265,000 pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the “Law”), to finance said appropriation. Section 3. The following additional matters are hereby determined and stated: (a) The period of probable usefulness of the object or purpose for which said bonds are authorized to be issued, within the limitations of Section 11.00 a. 26 of the Law, is thirty-five (35) years. (b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) The proposed maturity of the bonds authorized by this resolution will exceed five (5) years. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of said bonds shall contain the recital of validity prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation said bonds shall be general obligations of the Town, payable as to both principal and interest by a general tax upon all the taxable real property within the Town. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds, and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes issued in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 of the Law relative to the authorization of the issuance of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and Section 50.00 and Sections Southold Town Meeting Agenda - August 11, 2020 Page 32 56.00 to 60.00 and 168.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and the renewals of said bond anticipation notes, and relative to executing contracts for credit enhancements and providing for substantially level or declining annual debt service, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution, or a summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This resolution shall take effect immediately and the Town Clerk is hereby authorized and directed to publish the foregoing bond resolution, in summary, in “The Suffolk Times,” a newspaper having a general circulation in said Town, which newspaper is hereby designated as the official newspaper of the Town for such publication, together with the Town Clerk’s statutory notice in the form prescribed by Section 81.00 of the Local Finance Law of the State of New York. (NOTICE AND SUMMARY OF BOND RESOLUTION FOR PUBLICATION) NOTICE The resolution, a summary of which is published herewith, has been adopted on August 11, 2020, and the validity of the obligations authorized by such resolution may be hereafter contested only if such obligations were authorized for an object or purpose for which the Town of Southold, in the County of Suffolk, New York is not authorized to expend money or if the provisions of law which should have been complied with as of the date of publication of this notice were not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the publication of this notice, or such obligations were authorized in violation of the provisions of the constitution. BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Dated: August 11, 2020 Southold, New York Elizabeth A. Neville Town Clerk BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED AUGUST 11, 2020, APPROPRIATING Southold Town Meeting Agenda - August 11, 2020 Page 33 $1,265,000 FOR THE INCREASE AND IMPROVEMENT OF FACILITIES OF THE FISHERS ISLAND FERRY DISTRICT, AND AUTHORIZING THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT OF $1,265,000 TO FINANCE SAID APPROPRIATION The object or purpose for which the bonds are authorized is the increase and improvement of facilities of the Fishers Island Ferry District, consisting of the replacement of four (4) engines and ancillary components on the Ferry Race Point to meet service needs between New London, Connecticut and Fishers Island at the estimated maximum cost of $1,265,000. The maximum amount of obligations authorized to be issued is $1,265,000. The period of probable usefulness is thirty-five (35) years. A complete copy of the Bond Resolution summarized above shall be available for public inspection during normal business hours at the office of the Town Clerk, Town Hall, 53095 Main Road, Southold, New York  Vote Record - Resolution RES-2020-504 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 1. Ph 8/11 3:00 pm Chapter 117 Sanitary Flow Credits 2. 8/11 3:00 pm Bond FIFD - Ferry Race Point Engines 3. PH 8/11 3:00 Pm - Eminent Domain 12500 Main Road, Matt