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HomeMy WebLinkAboutAG-08/25/2020 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 25, 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. 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 25, 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 7:00 PM Meeting called to order on August 25, 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    PURSUANT TO EXECUTIVE ORDER 202.1 OF NEW YORK GOVERNOR ANDREW CUOMO IN-PERSON ACCESS BY THE PUBLIC WILL NOT BE PERMITTED. A RECORDING OF THE MEETING WILL AIR ON CHANNEL 22 AND WILL BE POSTED ON THE TOWN’S WEBSITE I. REPORTS 1. Planning Board Monthly Report July 2020 2. Trustees Monthly Report July 2020 3. ZBA Monthly Report July 2020 II. PUBLIC NOTICES Southold Town Meeting Agenda - August 25, 2020 Page 3 III. COMMUNICATIONS IV. DISCUSSION 1. 9:00 Geb Cook, Gordon Murphy and Ace Ahrens of the Fishers Island Ferry District (All Via Zoom) FI Airport Workflow and Regulations Regarding Airports 2. 9:15 Craig Jobes (In Person) Deer Management Program Changes in Protocol 3. 9:30 Denis Noncarrow (In Person) Special Event Applications 1. Shamrock Christmas Tree Farm 2. Borghese Vineyard 3. Pellegrini Vineyards 4. 9:45 Chief Flatley (In Person) Monthly Police Report MOA with Plum Island 5. 10:00 Michael Collins (In Person) Police Department Building Plumbing 6. 10:15 Matt McMonagle of Dimension Renewable Energy (Via Zoom) Renewable Presentation 7. 11:00 Will Fischer of Summit Ridge Energy (In Person) Renewable Energy Presentation 8. 11:45 Paul Curran of BQ Energy Development LLC (In Person) Renewable Energy Presentation 9. Walsh Park Change of Zone 10. North Fork Community Club, LLC Change of Zone 11. Announcement Public Access to Town Buildings by Appointment 12. EXECUTIVE SESSION - Proposed Acquisition(S), Sale or Lease of Real Property Where Publicity Would Substantially Affect the Value Thereof 1:15 Melissa Spiro, Land Preservation Coordinator and Sam McCullough, LPC Chair 13. EXECUTIVE SESSION - LABOR - Moved to Open Session IV -4 Southold Town Meeting Agenda - August 25, 2020 Page 4 14. EXECUTIVE SESSION - LABOR - Matters Involving the Employment of a Particular Person(S) 1:45 Tim Abrams, Department of Public Works - Committees - Social Media Manager (resumes were due 8/21) - Southold Community Joint Justice Review and Reform Task Force 15. OPEN SESSION - Altice/Optimum Accountability 16. OPEN SESSION - Town Attorney Amendments to Chapter 170- Historic District Code V. RESOLUTIONS 2020-505 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated August 25, 2020.  Vote Record - Resolution RES-2020-505 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 2020-506 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Set Next Meeting Southold Town Meeting Agenda - August 25, 2020 Page 5 RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, September 8, 2020 at the Southold Town Hall, Southold, New York at 4:30 P. M..  Vote Record - Resolution RES-2020-506 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 Tabled 8/11/2020 3:00 PM 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. Southold Town Meeting Agenda - August 25, 2020 Page 6 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. 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. Southold Town Meeting Agenda - August 25, 2020 Page 7 § 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 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. Southold Town Meeting Agenda - August 25, 2020 Page 8 (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 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 Southold Town Meeting Agenda - August 25, 2020 Page 9 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. 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 Southold Town Meeting Agenda - August 25, 2020 Page 10 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. 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. Southold Town Meeting Agenda - August 25, 2020 Page 11 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. § 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  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 25, 2020 Page 12 Tax Receiver's Appt  Robert Ghosio     Rescinded  Louisa P. Evans      Town Clerk's Appt Scott A. Russell      Supt Hgwys Appt  No Action Lost  2020-507 CATEGORY: Budget Modification DEPARTMENT: Highway Department 2020 Budget Modification - Highway Dept Financial Impact: Equipment Rental RESOLVED that the Town Board of the Town of Southold hereby modifies the 2020 Highway Fund Part Town budget as follows: From: DB.5110.4.100.200 Fuel/Lubricants $ 8,000.00 To: DB.5130.4.400.300 Equipment Rental $ 8,000.00  Vote Record - Resolution RES-2020-507 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 2020-508 CATEGORY: Recommendations DEPARTMENT: Town Clerk Rescind Resolution 2020-499 Southold Town Meeting Agenda - August 25, 2020 Page 13 RESOLVED that the Town Board of the Town of Southold hereby rescinds resolution # 2020- 499 adopted at the August 11, 2020 regular Town Board meeting, which read as follows, in its entirety; 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-2020-508  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  2020-509 CATEGORY: Misc. Public Hearing DEPARTMENT: Town Attorney PH 10/6 4:30 PM- Register of Historic Landmarks RESOLVED that pursuant to the provisions of Chapter 170 (Landmark Preservation) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, October 6, 2020 at 4:30 P.M., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing to consider the designation of the “George Young Farmhouse” circa 1860-70 on the town’s register of Historic Landmarks; the house is located at 28775 Route 25, Main Road, Orient, New York. SCTM # 1000-18-6-25. The property owner, Robert Hanlon and Jessica Frankel have requested and the Historic Preservation Commission has recommended the property for inclusion on the town’s register.  Vote Record - Resolution RES-2020-509 Adopted  Yes/Aye No/Nay Abstain Absent Adopted as Amended  Sarah E. Nappa      Defeated James Dinizio Jr      Tabled Southold Town Meeting Agenda - August 25, 2020 Page 14 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  2020-510 CATEGORY: Employment - Town DEPARTMENT: Accounting Amend Resolution Number 2020-494 RESOLVED that the Town Board of the Town of Southold hereby Rescinds Resolution Number 2020-494 which read as follows: 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-2020-510  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  2020-511 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Southold Town Meeting Agenda - August 25, 2020 Page 15 Amend Res 2020-187 Financial Impact: A.3020.4.400.400. RESOLVED that the Town Board of the Town of Southold hereby amends Resolution 2020- 187 adopted on February 11, 2020 to read as follows: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a contract with Relay Communications Center Inc. for use of its FCC licensed radio frequencies, Radio Common Carrier paging and two way radio channel service for one (1) year, with an additional one (1) year option at the discretion of the Town, a total cost of Five Thousand Four Hundred Thirty Nine Dollars ($5,439.00) Six Thousand Three Hundred Fifty Two Dollars and 50 cents ($6,352.50) per year, subject to the approval by the Town Attorney, funded from budget line A.3020.4.400.400.  Vote Record - Resolution RES-2020-511  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  2020-512 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney PH 9/22 7:00 Pm - Chapter 170 Landmark Preservation WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk th County, New York, on the 25day of August, 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 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 nd 22 day of September, 2020 at 7:01 p.m. at which time all interested persons will be given an opportunity to be heard. Southold Town Meeting Agenda - August 25, 2020 Page 16 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 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. Southold Town Meeting Agenda - August 25, 2020 Page 17 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 § 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 Southold Town Meeting Agenda - August 25, 2020 Page 18 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. (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 Southold Town Meeting Agenda - August 25, 2020 Page 19 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 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; Southold Town Meeting Agenda - August 25, 2020 Page 20 (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 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 Southold Town Meeting Agenda - August 25, 2020 Page 21 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-2020-512 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 2020-513 CATEGORY: Advertise DEPARTMENT: Police Dept Police Department-Advertise for Sp Interpreters & Detention Attendants Southold Town Meeting Agenda - August 25, 2020 Page 22 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for two (2) weeks for the following positions on an On Call basis: Spanish Interpreter $35 per hour / $50 minimum Detention Attendant $18.58 / hour  Vote Record - Resolution RES-2020-513 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 2020-514 CATEGORY: Employment - Town DEPARTMENT: Accounting Retirement Resolution for Elected/Appointed 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: Title Name Standard Term Begins/ Participates in Record of Activities Work Ends Employer’s Result Day Time Keeping (Hrs/day) System Southold Town Meeting Agenda - August 25, 2020 Page 23 Zoning Board of Appeals Eric Dantes 6 1/1/20-12/31/24 N 3.53 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 25 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 that five (5) of such members were present at such meeting and the five (5) 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 25 day of August 2020. S E A L ____________________________________ Elizabeth A. Neville Town Clerk Town of Southold  Vote Record - Resolution RES-2020-514 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 2020-515 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney DiMaria Painting & Carpentry Agreement Ext Financial Impact: extend existing contract Southold Town Meeting Agenda - August 25, 2020 Page 24 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an extension Agreement between the Town of Southold and DiMaria Painting & Carpentry, Inc. regarding a four (4) month extension of the current Agreement, subject to the approval of the Town Attorney.  Vote Record - Resolution RES-2020-515 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 2020-516 CATEGORY: Employment - Town DEPARTMENT: Accounting Approves a Military Leave of Absence Employee #8227 RESOLVED that the Town Board of the Town of Southold hereby approves a military leave of absence to employee # 8227 effective August 24, 2020 through March 23, 2021.  Vote Record - Resolution RES-2020-516 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  2020-517 Southold Town Meeting Agenda - August 25, 2020 Page 25 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District 2020 Budget Modification: SWMD Financial Impact: To fund scale repairs. Intense use and wear from age have resulted in need for service to replace several load cells this year. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2020 Solid Waste Management District budget as follows: From: SR .1490.1.200.100 Admin – P/T Earnings $5,000 Total $5,000 To: SR .8160.4.400.600 Scale Maintenance $5,000 Total $5,000  Vote Record - Resolution RES-2020-517 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  2020-518 CATEGORY: Property Usage DEPARTMENT: Recreation Field Use – Long Island Ospreys RESOLVED that the Town Board of the Town of Southold does hereby grant permission to Long Island Ospreys Travel League to use the field at Cochran Park for league try-outs on September 12 & September 26, 2020 from 10:00 am to 12:00 pm. Appropriate fees will be charged as per the rules and regulations on the application for use of parks facilities. Applicant must file with the Town Southold Town Meeting Agenda - August 25, 2020 Page 26 Clerk a Two Million Dollar Certificate of Insurance naming the Town of Southold as additional insured.  Vote Record - Resolution RES-2020-518 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 2020-519 CATEGORY: Budget Modification DEPARTMENT: Human Resource Center 2020 Budget Modification- HRC Financial Impact: To reclass funds for increased costs related to COVID 19 for the Senior Citizens Nutrition Program RESOLVED that the Town Board of the Town of Southold hereby modifies the 2020 General Fund Whole Town budget as follows: From: Appropriations: Programs for the Aging A.6772.1.200.100 Part-Time Employees Regular Earnings $2,400 A.6772.2.500.945 Other Equipment Misc. Equipment $1,000 A.6772.4.100.120 Contractual Expense Adult Day Care Supplies $400 A.6772.4.100.200 Contractual Expense Gas & Oil $2500 A.6772.4.400.300 Contracted Services Printing $400 A.6772.4.400.650 Contracted Services Vehicle Maintenance & Repair $3000 A.6772.4.600.450 Miscellaneous Inoculations $1800 Southold Town Meeting Agenda - August 25, 2020 Page 27 A.6772.4.600.500 Miscellaneous Seminars & Training $500 Total: $12,000 To: Appropriations: Programs for the Aging A.6772.4.100.150 Contractual Expense Disposables $8,000 A.6772.4.100.700 Contractual Expense Food $4,000 Total: $12,000  Vote Record - Resolution RES-2020-519 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 2020-520 CATEGORY: Public Service DEPARTMENT: Town Clerk Youth Bureau Movie Night RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Agreement between the Town of Southold and Movies in the Moonlight, Inc. in connection with the equipment rental in an amount not to exceed $2,200 total and Swank Motion Pictures in connection with the rights to show movies not to exceed $470.00 total for the Town’s Youth Bureau Family Movie Night to be held on Oct.16, 2020 to be held as a Drive In movie at Strawberry Fields, Main Road, Mattituck subject to the approval of the Town Attorney.  Vote Record - Resolution RES-2020-520  Adopted Yes/Aye No/Nay Abstain Absent  Adopted as Amended Southold Town Meeting Agenda - August 25, 2020 Page 28 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  2020-521 CATEGORY: Employment - Town DEPARTMENT: Accounting Acknowledges the Intent to Retire Robert McCaffery WHEREAS, the Town of Southold has received notification via U.S. Mail on August 21, 2020 from the NYS Retirement System concerning the retirement of Robert McCaffery effective October 31, 2020 now therefore be it RESOLVED that the Town Board of the Town of Southold hereby acknowledges the intent to retire of Robert McCaffery from the position of Construction Equipment Operator for the Solid Waste District, effective October 31, 2020.  Vote Record - Resolution RES-2020-521  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  2020-522 CATEGORY: Budget Modification Southold Town Meeting Agenda - August 25, 2020 Page 29 DEPARTMENT: Police Dept 2020 Budget Modification- Capital (Police) Financial Impact: Donation 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 Capital Budget as follows: Capital Project Name: Drone Purchase Financing Method: Donation Increase Revenues: H.2705.30 Capital Donations $11,000 Total $11,000 Increase Appropriations: H.3120.2.100.300 Police, Equipment & Capital Outlay, Drone Purchase $11,000 Total $11,000  Vote Record - Resolution RES-2020-522 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  2020-523 CATEGORY: Equipment DEPARTMENT: Police Dept Police Department-Transfer Vehicles to Highway Department RESOLVED that the Town Board of the Town of Southold hereby transfers the following Southold Town Meeting Agenda - August 25, 2020 Page 30 Police Department vehicles to The Highway Department, effective immediately: - 2014 Ford Expedition VIN# 1JFMJU1G56EEF24095 ASSET #4429 - 2006 Dodge Ram VIN# 1D7HU18N26J199526 ASSET #3497  Vote Record - Resolution RES-2020-523 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 2020-524 CATEGORY: Advertise DEPARTMENT: Highway Department Re-Ad for Hyundai Pay Loader WHEREAS the Town of Southold received no bids for the Hyundai pay loader HL757-9, Serial # 2281342 or equivalent, now therefore be it Resolved that the Town Board of the Town of Southold here by authorizes and directs the Town clerk to re-advertise for bid one used complete, including the housing front axle for a Hyundai pay loader HL757-9, Serial # 2281342 or equivalent.  Vote Record - Resolution RES-2020-524  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 Louisa P. Evans  Rescinded      Town Clerk's Appt Scott A. Russell     Supt Hgwys Appt  No Action  Southold Town Meeting Agenda - August 25, 2020 Page 31 Lost  2020-525 CATEGORY: Ratify Fishers Island Reso. DEPARTMENT: Fishers Island Ferry District FIFD 8/21/20 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 21, 2020, as follows: FIFD Resolution# Regarding 2020 - 126 Budget Mod  Vote Record - Resolution RES-2020-525  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  2020-526 CATEGORY: Budget Modification DEPARTMENT: Accounting 2020 Budget Modification- Capital (Police Vehicles) Financial Impact: Establish budget for 2020 Police Vehicle Purchases WHEREAS the Town Board of the Town of Southold approved the 2020 Capital Plan, which included an authorization to purchase police vehicles, Southold Town Meeting Agenda - August 25, 2020 Page 32 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 Capital Budget as follows: Capital Project Name: Police Vehicles-2020 Financing Method: Transfer from the General Whole Town Fund Capital Budget: Revenues: H.5031.86 Interfund Transfers Police Vehicles $159,900 Total $159,900 Appropriations: H.3120.2.300.200 Police Vehicles, Automobiles $159,900 Total $159,900  Vote Record - Resolution RES-2020-526 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  2020-527 CATEGORY: Budget Modification DEPARTMENT: Accounting 2020 Budget Modification - Emergency Preparedness Financial Impact: Transfer funds for 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: Southold Town Meeting Agenda - August 25, 2020 Page 33 A.3640.4.100.200 Emergency Preparedness, Other Equip $1,000 Total $1,000 To: A.3640.4.100.100 Emergency Preparedness, Misc Supplies $1,000 Total $1,000  Vote Record - Resolution RES-2020-527  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  2020-528 CATEGORY: Authorize to Bid DEPARTMENT: Town Clerk Advertise for Lubricant Bid RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for supplying Automotive and Equipment Lubricants and Fluids for a period of one (1) year from the acceptance of the bid.  Vote Record - Resolution RES-2020-528 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 25, 2020 Page 34 2020-529 CATEGORY: Legal DEPARTMENT: Town Attorney PBA Stip of Agreement Financial Impact: contract RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the Stipulation of Agreement dated July 22, 2020 between the Town of Southold, the Civil Service Employee Association and the Southold Town Police Benevolent Association and hereby authorizes Supervisor Scott A. Russell to execute same on behalf of the Town of Southold.  Vote Record - Resolution RES-2020-529 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 2020-530 CATEGORY: Organizational - Accounting DEPARTMENT: Accounting Amend Resolution 2020-38 Organizational Petty Cash RESOLVED that the Town Board of the Town of Southold hereby amends resolution 2020-38, adopted at the January 2, 2020 Organizational meeting to read as follows: RESOLVED that pursuant to Section 64(1-a) of the Town Law, a petty cash fund is hereby established in the following amounts for the following individuals: Solid Waste Coordinator James Bunchuck 850.00 Town Clerk Elizabeth A. Neville 500.00 Receiver of Taxes Kelly Fogarty 500.00 Town Attorney William Duffy 250.00 Supervisor Scott Russell 300.00 Southold Town Meeting Agenda - August 25, 2020 Page 35 Justice Court Director Leanne Reilly 200.00 Chief of Police Martin Flatley 200.00 Senior Citizen Program Supervisor Karen McLaughlin 200.00 Adult Day Care Supervisor Shatina Jayne 100.00 Recreation Supervisor Janet Douglass 100.00 Executive Assistant Jeffrey Standish 100.00 Maintenance Mechanic III, Timothy Abrams 100.00  Vote Record - Resolution RES-2020-530  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  2020-531 CATEGORY: Public Service DEPARTMENT: Town Attorney CFD Movie Night RESOLVED the Town Board of the Town of Southold hereby grants permission to the Cutchogue Fire Department to hold two (2) Drive-in Movie Nights, on September 12, from 8:00 am to 10:30 pm and October 24, from 7:00 pm to 10:00 pm at 31320 Main Road, Cutchogue, New York: 1. The file with the Town Clerk a One Million dollar Certificate of Insurance naming the Town of Southold as additional insured; 2. Submit a $250 deposit for clean-up (deposit to be returned after event provided area is cleaned of any debris from event); 3. Coordinate traffic control upon notification of the adoption of this resolution with Captain Kruszeski to the Southold Town Police Department All fees to be waived. Applicant is required to adhere to all conditions on the application and permit and to the Town of Southold Policy for Special Events and subject to the applicant's compliance with all executive orders of the State of New York Southold Town Meeting Agenda - August 25, 2020 Page 36  Vote Record - Resolution RES-2020-531 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 2020-532 CATEGORY: Employment - Town DEPARTMENT: Town Attorney Abolish Positions Effective September 8, 2020 WHEREAS, due to a significant change in Town operations due to the COVID-19 pandemic, the Town Board has determined that it is necessary to close the Katinka House; and WHEREAS, as a result of this determination, certain full-time and part-time positions for employees will have to be abolished. NOW, THEREFORE, BE IT RESOLVED, that the following positions are abolished, effective at the close of business on September 8, 2020: Position Number of Positions Home Health Aide (full time) 1 Home Health Aide (part time) 3 BE IT FURTHER RESOLVED that, due to the abolition of these positions, the employment of the following persons will be terminated effective at the close of business on September 8, 2020: Employee Number: Employee #5700 Employee #7202 Employee #2664 Employee #0705  Vote Record - Resolution RES-2020-532 Adopted  Yes/Aye No/Nay Abstain Absent Adopted as Amended  Sarah E. Nappa     Defeated  Southold Town Meeting Agenda - August 25, 2020 Page 37 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  2020-533 CATEGORY: Authorize Payment DEPARTMENT: Town Attorney Emergency Tree Removal Financial Impact: DB.5110.4.400.600 RESOLVED, that the Town Board of the Town of Southold hereby authorizes Scott A. Russell to issue Purchase Orders for emergency tree removal pursuant to General Municipal Law § 103(4), all costs and expenses associated therewith shall be a legal charge to budget line DB.5110.4.400.600 Highway Contracted Services.  Vote Record - Resolution RES-2020-533 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 2020-534 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Clerk PH 10/6/20 4:30 Pm - Fishers Island UFSD/Walsh Park Southold Town Meeting Agenda - August 25, 2020 Page 38 RESOLVED that the Town Board of the Town of Southold is considering the change of zone application from Fishers Island/Walsh Park regarding a portion of the property identified as SCTM #1000-9-10-10 from R-40 to HD (Hamlet Density; and be it further RESOLVED that the Town Board of the Town of Southold requests that the Planning Board prepare a report and recommendations on the proposed rezoning, including SEQRA and LWRP report and recommendations; and be it further RESOLVED that the Town Board of the Town of Southold requests that the Suffolk County Planning Commission prepare a report and recommendations on the proposed rezoning; and be it further RESOLVED, that pursuant to the requirements of Section 265 of the New York State 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 a portion of property identified on the SCTM #1000-9-10-10 from R-40 to HD (Hamlet Density at th Town Hall located at 53095 Main Road, Southold, New York, on the 6 day of October 2020 at 4:30 p.m. and directs the Town Clerk to publish notice of such application in the Suffolk Times not less than ten (10) days nor more than thirty (30) days prior to such hearing. 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. Written comments and/or questions may also be submitted via email to the Town Clerk at elizabeth.neville@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.  Vote Record - Resolution RES-2020-534 Adopted  Yes/Aye No/Nay Abstain Absent Adopted as Amended  Southold Town Meeting Agenda - August 25, 2020 Page 39 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  2020-535 CATEGORY: Special Events DEPARTMENT: Town Clerk Special Events Permit Shamrock Tree 2020-12 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Shamrock Christmas Tree Farm to hold a Special Event 2020-12 at Shamrock Tree Farm, 20685 Main Road, Mattituck, NY as applied for in Applications ST1a-f & ST2a-f for events to be held 9/19, 9/20, 9/26, 9/27, 10/3, 10/4, 10/10, 10/11, 10/17, 10/18 10/24, and 10/25 from 9:00 AM to 5:00 PM, provided they adhere to all conditions on the application and permit and to the Town of Southold Policy for Special Events and subject to the applicant's compliance with all executive orders of the State of New York. This permit is subject to revocation if the applicant fails to comply with any of the conditions of the approval or is unable to properly control traffic flow into and out of the event.  Vote Record - Resolution RES-2020-535 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 2020-536 Southold Town Meeting Agenda - August 25, 2020 Page 40 CATEGORY: Special Events DEPARTMENT: Town Clerk Special Events Permit Borghese Vineyard 2020-13 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Borghese Vineyard to hold a Special Event 2020-13 at Borghese Vineyards, 17150 County Road 48, Cutchogue, NY as applied for in Applications BV1a for an event to be held 10/17 from 5:00 PM to 10:00 PM, provided they adhere to all conditions on the application and permit and to the Town of Southold Policy for Special Events and subject to the applicant's compliance with all executive orders of the State of New York.  Vote Record - Resolution RES-2020-536  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  2020-537 CATEGORY: Special Events DEPARTMENT: Town Clerk Special Events Permit Pellegrini Vineyard 2020-14 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Pellegrini Vineyard to hold a Special Event 2020-14 at Pellegrini Vineyards, 23005 Main Road, Cutchogue, NY as applied for in Applications PV1a-d for events to be held 8/29, 10/9, 10/10, and 10/17 from 5:30 pm to 11:00 pm, provided they adhere to all conditions on the application and permit and to the Town of Southold Policy for Special Events and subject to the applicant's compliance with all executive orders of the State of New York. This permit is subject to revocation if the applicant fails to comply with any of the conditions of the approval.  Vote Record - Resolution RES-2020-537 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 25, 2020 Page 41 Tax Receiver's Appt  Robert Ghosio     Rescinded  Louisa P. Evans      Town Clerk's Appt Scott A. Russell      Supt Hgwys Appt  No Action Lost  2020-538 CATEGORY: Bid Acceptance DEPARTMENT: Town Clerk Accept Solar and Battery Storage RFP Financial Impact: Solar RESOLVED that the Town Board of the Town of Southold hereby accepts the Request for Proposal that has been submitted by Summit Ridge Energy, 100 Church Street, Suite 800, New York, NY 10007 for the Solar and Battery Storage at the Landfill submitted on July 17, 2020, all in accordance with the Town Attorney and the Town Engineer.  Vote Record - Resolution RES-2020-538  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  2020-539 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL Chapter 260 WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk th County, New York, on the 28 day of July, 2020, a Local Law entitled “A Local Law in Southold Town Meeting Agenda - August 25, 2020 Page 42 relation to an Amendment to Chapter 260, Vehicles and Traffic, in connection with Traffic and Pedestrian Safety” and WHEREAS that the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, Now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, “A Local Law in relation to an Amendment to Chapter 260, Vehicles and Traffic, in connection with Traffic and Pedestrian Safety” reads as follows: LOCAL LAW NO. 2020 A Local Law entitled, “A Local Law in relation to an Amendment to Chapter 260, Vehicles and Traffic, in connection with Traffic and Pedestrian Safety”. 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 safety for pedestrians and vehicles, as well as dealing with impacts to the public’s health, safety and welfare. II. Chapter 260 of the Code of the Town of Southold is hereby amended as follows: §260-4. Stop intersections with stop signs. At Intersection Location Stop Sign on Direction of Travel With (Hamlet) Oriental Avenue East Montauk Avenue Fishers Island Oriental Avenue West Montauk Avenue Fishers Island 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-2020-539 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 25, 2020 Page 43 Tax Receiver's Appt  Robert Ghosio     Rescinded  Louisa P. Evans      Town Clerk's Appt Scott A. Russell      Supt Hgwys Appt  No Action Lost  VI. PUBLIC HEARINGS 1. PH 8/25 7:01 - LL Chapter 260 2. PH 8/25 7:01 Pm Comprehensive Plan