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HomeMy WebLinkAboutTB-08/25/2020 ELIZABETH A.NEVILLE �S%ITF04�oGTown Hall,53095 Main Road TOWN CLERK ��a� y PO Box 1179 y Southold,NY 11971 REGISTRAR OF VITAL STATISTICS o Fax(631)765-6145 MARRIAGE OFFICER y'f101 �a�! Telephone: (631)765- 1800 RECORDS MANAGEMENT OFFICER southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING August 25, 2020 7:00 PM A Regular Meeting of the Southold Town Board was held Tuesday, August 25, 2020 at the Meeting_Hall,_Southold,NY. Call to Order 7:00 PM Meeting called to order on August 25, 2020 at Meeting Hall, 53095 Route 25, Southold, NY. AtiendeNam% ;3=r ` Organization,` Y ''` ' ,",r TitXe k Status 'Arriei° _,,, Sarah E.Na aI Town of Southold Councilwoman ` Remote James Dinizio Jr Town of Southold_ Councilman Remote Jill Doherty Town of Southoldncilwoman _ Present Robert Ghosio Town of Southold _CouncilmanPresent Louisa P. Evans Town of Southold Justice _ Remote Scott A. Russell Town of Southold Supervisor Present , 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 2. Trustees Monthly Report 3. ZBA Monthly Report Southold Town Board Regular Meeting August 25, 2020 page 2 H. Public Notices III. Communications IV. Discussion 1. 9:00 Geb Cook, Gordon Murphy and Ace Ahrens of the Fishers Island Ferry District (All Via Zoom) 2. 9:15 Craig Jobes (In Person) 3. 9:30 Denis Noncarrow (In Person) 4. 9:45 Chief Flatley (In Person) 5. 10:00 Michael Collins (In Person) 6. 10:15 Matt McMonagle of Dimension Renewable Energy (Via Zoom) 7. 11:00 Will Fischer of Summit Ridge Energy (In Person) 8. 11:45 Paul Curran of BQ Energy Development LLC (In Person) 9. Walsh Park Change of Zone 10. North Fork Community Club, LLC Change of Zone 11. Announcement 12. EXECUTIVE SESSION - Proposed Acquisition(S), Sale or Lease of Real Property Where Publicity Would Substantially Affect the Value Thereof 13. EXECUTIVE SESSION - LABOR- Moved to Open Session IV-4 14. EXECUTIVE SESSION - LABOR- Matters Involving the Employment of a Particular Person(S) 15. OPEN SESSION -Atice/Optimum Accountability 16. OPEN SESSION- Town Attorney Pledge Opening Comments Supervisor Russell Southold Town Board Regular Meeting August 25, 2020 page 3 SUPERVISOR RUSSELL: Please rise for the Pledge. Thank you. I know we have public hearings for this evening and I know there are people that would like to comment on the public hearings, I just want to remind them that we will, at the end of the regular agenda adjourn to hold those public hearings, so we are going to ask you if you have anything to say to address those, then you can wait for that opportunity. In the meantime, if anyone would like to comment on any of the regular agenda items to please feel free? MODERATOR: So we do have a hand raised, so Dawn Carol Nish, I am sending a command to un-mute your mic. Mark Haubner MARK HAUBNER: Actually Dawn is our zoom manager, I am Mark Haubner, thank you very much for your time tonight. The vice president of the North Fork Environmental Council in Mattituck-and congratulations to everyone on the comprehensive plan, it -repregentg -a lot--of thought and time to get to this point. We heartily recommend that you adopt it so we can carry on with the work it outlines for us. We believe strongly that the master plan should encompass resources of the people and their town, in making Southold one of the healthiest places in the world to live, socially, environmentally and economically. We have a great opportunity to work with the other Peconic Bay regions and towns in achieving this goal, we are offering our expertise in creating an environmental advisory committee, sustainability committee or whatever it's called, it doesn't matter. The work that needs to be done to reach the goals of(inaudible) is reduction and energy efficiency in New York State is daunting when seen in its entirety but with a dedicated team of interested and talented experts from the community's base, the work will be possible. We encourage you to follow through with designating the team of citizens to round out the climate smart community team already in place within the town's structure. We don't have the time either to waste or to lose. Thank you. SUPERVISOR RUSSELL: Thank you. I just want to remind everybody that we are just taking comment on any of the regular agenda items. The public hearings we will take comment with regard to those specific issues. Anybody.... JUSTICE EVANS: Scott, can you remind people how they can make a comment? SUPERVISOR RUSSELL: Yes, by indicating a raised hand. MODERATOR: Yes, use the raise hand button on your zoom screen, for those of you dialing in, the command to raise your hand is x9. There is one more hand raise, so I am going to invite Mark Borden to speak. Mark Borden MARK BORDEN: Thank you, this is Mark Borden. Just a question, I am a little confused by the process here. I do have a comment on the Walsh Park project and I don't know what the appropriate.... SUPERVISOR RUSSELL: Sure, what we do is we take care of the regular business of the agenda and once those are adopted, we recess for the purposes of the public hearings. We open Southold Town Board Regular Meeting August 25, 2020 page 4 the public hearings and then we take comment at that time, when we are in the formal public hearing phase, for each of the public hearings. MR. BORDEN: For the Walsh Park resolution, this would be the time to comment? SUPERVISOR RUSSELL: Oh, it would be. I am sorry. COUNCILWOMAN DOHERTY: It's the resolution to set the hearing. SUPERVISOR RUSSELL: Oh, yes, we are not having the public hearing yet. It's the resolution to set the hearing. I'll quickly explain, what happens is we set the public hearing, with a date, 30 days out. All the text and language with regard to the public hearing is spelled out on the agenda and the website. In 30 days we'd be having the public hearing and that's where a formal vote would be taken. MR. BORDEN: Yes, if I may, a comment or concern about whether or not it would be appropriate to actually call the public meeting as quickly as its being called, that's October 6th. Again, I don't know if that's an appropriate topic to address now or later but our concern is the calling of the public hearing itself. SUPERVISOR RUSSELL: Yes, absolutely a legitimate concern to bring up now. Actually October 6 would be about more than 30 days, by New York State law I think we are only required to give 10 days notice. But we extend it to 30 days to give people the opportunity to read the legislation, to digest it and make comment for the public hearing. So, October 6, I wouldn't consider quick. MR. BORDEN: Can I just address that? I reside on Equestrian Avenue on Fishers Island and we and our neighbors have written several letters on this project which I am assuming you have read, we are surprised that a public hearing is being called at all at this stage for four reasons, I am just going to go through them very quickly because I know your time is short this evening. First this project is a very big deal on Fishers Island, it may not be on Southold but it is a very big deal on Fishers Island. We don't think that ever before has a change of zone been sought for a project that would actually disrupt and change a neighborhood on this island as much as this one in its history. We don't think there's anything close to it. And despite that, what surprises us that the town seems willing to let the project proceed for public hearing without any of us, you or us in the community ever having seen even a sketch, much less a plan for what Walsh Park actually plans to build. Second point very briefly is that when Walsh Park first submitted this application it chose the path of not trying to build a consensus in the community but rather urged all residents to voice their concerns to the Town Board as the appropriate forum to address them but as far as we can tell, from listening in on the conversation from earlier today which was very short as you know, those concerns have apparently not been considered at all. And then two last points, this project, comprised of six units, is plain too large for the site. It would increase the density along Winthrop Drive by almost 50 percent. and it's because of that dramatic change of density that there's nearly unanimous opposition in the neighborhood to a project of that scale and by the way, that neighborhood includes a larger portion of year round residents, so this is not Southold Town Board Regular Meeting August 25, 2020 page 5 just seasonal residents. You know, we heard this morning the Town Board suggests that the neighborhoods concerns would be best addressed by the Planning Board in the development process after a change of zoning is approved. But with the largest concern of the neighborhood being that HD zoning that would permit the building of too many units, potentially destroying the character of the neighborhood, we would have that that's precisely the role of the Town Board to itself consider the impact of that increased density before scheduling a public hearing for change of zone. So, what is our conclusion? We would urge the town to delay any public so three things can happen, one, at least some members of the Board perhaps could have the opportunity to walk the site and actually see first hand just how inappropriate the change of zone would be and you really can't actually evaluate it until you see it and walk it. Second we think the town should require Walsh Park, like any private developer, to submit at least some sort of development plans so both you and we can understand what it is Walsh Park is seeking approval for. At the moment, it's a mirage. And third, we think the town should urge Walsh Park to at least try to build consensus in the neighborhood, really just for the simple reason it's the right way for a project such as this to proceed we believe in any community, much less a small community like Fishers Island. So, to allow a change of zone to HD and a public hearing to consider that change of zoning before any of those things occur we think is premature, unnecessary and unfair to the community. Thank you for your time. SUPERVISOR RUSSELL: Okay, would anybody else like to comment. MODERATOR: There are no other hands raised, oh sorry, Anne has raised her hand. Anne Murray ANNE MURRAY: Hi, this is Anne Murray, I live in East Marion and I have a question on resolution 529, it says that the Supervisor executed a stipulation of agreement with the Southold PBA or I guess the Police, I am just curious, is that a new contract for them and if so, is there any more information available about that? SUPERVISOR RUSSELL: I will tell you that we have a contract that had already been in place that takes us through 2020, no we haven't reached any agreement on a contract that would extend beyond that date. MS. MURRAY: Well, can you explain what this stipulation of agreement is about? COUNCILWOMAN DOHERTY: Bill Duffy will elaborate. SUPERVISOR RUSSELL: I am going to have the Town Attorney do that. TOWN ATTORNEY DUFFY: There was a dispute between what the duties of the police dispatchers were and the senior police officers were in regard to schedule making for police dispatchers, so the stipulation of settlement just outlines the duties between the CSEA and members of the PBA. MS. MURRAY: Okay, I see. So, it sounds like it was a contract issue. Southold Town Board Regular Meeting August 25, 2020 page 6 SUPERVISOR RUSSELL: There was two separate unions that work for the town, one is the CSEA which covers generally the support staff of the town and the PBA which has their own union and this is just (inaudible) for both. MS. MURRAY: Okay,thank you. SUPERVISOR RUSSELL: Any other hands? MODERATOR: There are no other hands up at the moment. Oh, sorry, Tara Scott's hand is up. Tara Scott TARA SCOTT: Good afternoon. I am just actually coming on to say that I live on Whistler Avenue which would border the Walsh Park proposed new units and I just wanted to make it known that I oppose such units. That's it. SUPERVISOR RUSSELL: Okay. Stewart Cutler STEWART CUTLER: Yes, this is Stewart Cutler. Okay, I am also a resident in the Winthrop Drive, which is the locus of this project and I think the principal concerns we have as neighbors and certainly concerned citizens of this neighborhood that the scale of this project is inappropriate for the nature of this neighborhood. We appreciate the cost that might be required in acquiring the property and to develop a particular plan but it's very concerning that this plan was presented in very sketchy details so far, has been way out of character with the scope of the neighborhood and inappropriate in terms of its size. We certainly understand the Walsh Park has the right and potential to build within the zoning restrictions that do permit multiple units to be built but the proposal for six units is well beyond the scale for this neighborhood and it seems appropriate that the existing zoning should be maintained. Thank you. SUPERVISOR RUSSELL: Thank you. MODERATOR: We have another hand raised. Andrew Benkard ANDREW BENKARD: My name is Andrew Benkard, I am a resident of Winthrop Drive. Also my family has property on Whistler Avenue which will be directly affected by the scale of this project. Just to be brief, I want to echo and endorse everything my neighbor Mark Borden, earlier had to say here. I support the mission of Walsh Park but we collectively seek greater participation in the process and hope that their request for HD is denied. COUNCILWOMAN DOHERTY: Before you see if there is anybody else, I just want to make it clear we have it on the agenda to set the public hearing and I appreciate your comments tonight but I just want to point out that you should plan on repeating those comments at the public hearing so they are recorded properly. MODERATOR: Okay. At the moment there are no other hands raised. Southold Town Board Regular Meeting August 25, 2020 page 7 SUPERVISOR RUSSELL: Okay, we'll get on with the business of the agenda. Actually, I think we have an item before,the sanitary flow discussion. COUNCILWOMAN DOHERTY: Inaudible. 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 Au ust 25 2020. ✓,Vbte,Record-Resolution RES-2020=505 0 Adopted ❑ Adopted as Amended ❑ Defeated - - - - — - - — - - ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn Sarah E Nappa Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ } El ❑ Rescinded Robert Ghos�o Seconder 0 ❑ ❑ I ❑ ❑ Town Clerk's Appt Louisa P Evans . Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2020-506 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, Se tember 8 2020 at the Southold Town Hall Southold New York at 4:30 P. M.. Vote Record-Resolution RES-2020-506` v 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated Sarah E.Nappa j Voter 0 ❑ ❑ ❑ ❑ Tabled James Dmizio Jr Voter 0 ❑ ❑ ❑ 11 Withdrawn Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio ; Seconder 0 ❑ ❑ _ ❑ ❑ Tax Receiver's Appt Louisa P Evans Mover D ❑ ❑ ❑ ❑ Rescinded Scott A Russell j Voter 0 0 0 i 0 Southold Town Board Regular Meeting August 25, 2020 page 8 ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2020-5502 Tabled 811 112 02 0 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 County,New York, on the 14th day of July, 2020, a Local Law entitled "A Local Law in relation to Amendments to Chapter 117,Development Ri14hts, 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 Ri$!hts, Transfer of, in connection with Sanitary Flow Credits" reads as follows: LOCAL LAW NO. 8 of 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: 1. 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, Southold Town Board Regular Meeting August 25, 2020 page 9 Unabridged (or the latest edition). ELIGIBLE PROJECT The following proiects 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. SANITARY FLOW CREDITS-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). TRANSFER OF SANITARY FLOW CREDITS -The process by which sanitary flow credits are transferred from one lot,parcel, or area of land in an), sending this*-iet to another lot, parcel, or area of land in one or more receiving districts. 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 day(gpd) of flow. Asanitary flow eredit shall eoffespond+„ pe twenty thousand (20,000) squar-e fee! of lot area whieh is the equivalent of three huflElf-ed (300) gallons per- 'b (e.g., a-Bid€-(!)-a£r-e�-lot in an c--Tvzone coiirasend r!we (c)-crcnsny flow or-edits) 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 transferred for use in one or more receiving districts in the Town of Southold. § 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. Southold Town Board Regular Meeting August 25, 2020 page 10 (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 ;rod 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 it ^ernectio, wit affordable 1,,,using 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 rights.B. Designation of development ehapte,., shall be limited to n r.+n. flown edit B. Project Criteria. Southold Town Board Regular Meeting August 25, 2020 page 11 (1) In order to qualify for the transfer of sanitary flow, a project must be an "eligible project" as defined in section §1173, (2) For any mixed use project that includes housing at least half of the dwelling units proposed must be posed 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 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. Southold Town Board Regular Meeting August 25, 2020 page 12 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 § 117-9E 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 whieh is possible under-the transfer- of developme+rig��ht s previ�ie . 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 receivin�,�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. Southold Town Board Regular Meeting August 25, 2020 page 13 § 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. 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 Southold Town Board Regular Meeting August 25, 2020 page 14 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 § 117-1 OD. § 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 § 117-1OD. 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 21 Adopted ❑ Adopted as Amended ❑ Defeated11 - — -- -- ----- ------- - - --- Yes/Aye No/Nay Abstain Absent ❑ W thdrawn Sarah E Nappa Mover ❑ ❑ 3 ❑ ❑ Supervisor's Appt James Dmizio Jr ( Seconder 0 ❑ ❑ 1 ❑ ❑ Tax Receiver's Appt Jill Doherty { Voter D ❑ ❑ ❑ ❑ Rescinded Robert Ghosio ; Voter ❑ ❑ El ❑ Town Clerk's Appt Lomsa P Evans ? Voter D ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russellj Voter El ❑ ❑ i ❑ ❑ No Action 0 Lost Southold Town Board Regular Meeting August 25, 2020 page 15 Comments regarding resolution 502 SUPERVISOR RUSSELL: There was a public hearing two weeks ago, there had been some issues and questions raised. I wrote about three pages of narrative to explain the program and to explain what the intent of the amendments are. I am just going to do a quick summary of this because we have a pretty large agenda and I don't think you want to listen to me read three pages. I would urge anyone that would like a copy of this to contact my office and we will email that out so that you have time to read it thoroughly and we can bring it back in two weeks and then you can comment on that. Largely the sanitary flow bank was set up a few years ago under a fairly simple premise. We are going to buy and protect property outside of what they call the receiving zones. the receiving zones are generally the areas in and around the hamlet centers. The receiving zones are all those areas outside that we focused our preservation efforts on, largely agricultural land, preserved pristine lands, things like that. The premise is that when we buy property outside of the zone, we extinguish the ability to develop that property. Southold set up a sanitary flow bank so that when we extinguish that ability to develop, we move some of that flow into the bank, so those sanitary flow credits can be sold for the purpose of affordable housing. The original intent was a little bit broader than affordable housing but that has ultimately been what the sanitary flow bank has been used for. I think one of the concerns that was raised is that what we are doing is now we are changing the amount of sanitary flow you can take off that open land. The original bank was calculated based on the zoning. If it was a two acre parcel, we would only take one credit. If it was a one acre zone property, we would only take one credit, so it was consistent with the zoning outside that receiving zone. The Suffolk County standard was a little bit higher, they allow you to take more sanitary flow off, so we are setting aside the zoning and we are going to take sanitary flow from those protected properties and move them into the bank and in many instances, we would be taking perhaps instead of one credit, three more credits for a total of four for that two acre zoned area per acre. It looks like it's really increasing the amount of sanitary flow substantially, it's going to lead to this huge development of the downtowns. I just want to share some of the issues I had raised, first, people need to understand when we buy development rights, they do not create sanitary flow. the only sanitary flow that gets created is when we buy preserves outright and we buy them for protection and passive use. The calculations of sanitary flow are fairly restricted and fairly difficult. We've undertaken a substantial amount of preservation since 2005 when this law was first adopted. From 2005 to 2018 we only created 56 credits of sanitary flow, 56 credits would probably be enough for probably 56 medium sized apartments. In all 2019 we only created one sanitary flow credit. The problem with that is the credit banks are very low and we need more flow to transfer into the hamlet centers. this legislation would create more flow, giving us the opportunity to transfer more flow to the downtowns, to the business areas, to allow businesses to buy them so they can expand and still comply with the Suffolk County Department of Health standards and for the creation of affordable housing. the concerns that were raised with regard to undermining current zoning and the upzoning, concerns were raised about taking sanitary flow from say five acre zoned properties and ten acre zoned properties and then instead of taking one credit we are taking all these additional credits, actually that, we don't really have five acre zoning and ten acre zoning in Southold but for a region that's out in Orient that's five acres zoned, a lot of that property is either owned by New York State, it's cemetery, it's wetlands which does not count sanitary flow credits, you cannot calculate from that or land that is already owned by people, already developed and doesn't qualify for subdivision. So largely we would be getting sanitary Southold Town Board Regular Meeting August 25, 2020 page 16 flow only from properties for the most part that are either zoned one or two acres and they are only properties that we buy outright for preservation. Again, I can't stress enough, we do not take flow from the property where we are just buying the development rights which happens to be the focus of the town's preservation focus. Like I said, 55 credits over 13 years just simply isn't that sufficient. Also, the concerns were raised about the efforts in the past upzone to keep development at bay, this proposal is actually perfectly consistent with the town's comprehensive master plan. soon for adoption. It promotes investment for downtown businesses by giving them an access to sanitary flow that they need for approval by the department of health and it also promotes affordable housing in the downtowns. both are goals outlined in the master plan. This is but one more tool that we can use to start achieving those goals. When we implement the master plan, in order to achieve a lot of the goals in that plan from a variety of issues and a range of goals, we are going to have to make code changes. Alright, this is one of what we are going to have to be doing down the road by giving us the tools to implement the different components of the master plan. You know what? I, again, this is going on, we have got a large meeting, I am going to again remind anyone who is interested, I know Ms. Berry from Peconic Green Growth raised issues and others, just contact my office, I will email you and then you can bring your comments back in two weeks. COUNCILWOMAN DOHERTY: Supervisor, I think that's a great explanation and it can get complicated but as the public hearing has been closed and we are closed for comment, I don't see holding off two weeks, a reason for that, I am ready to vote on it tonight, I don't know how anyone else feels. Is anybody else ready to vote on it tonight? SUPERVISOR RUSSELL: I have a motion to vote on it tonight from Councilwoman Doherty. Sarah, do you want to make a motion to vote on it? 2020-507 CATEGORY- Budget Modification DEPARTMENT: Highway Department 2020 Budget Modification-Highway Dept Financiallmpact:Egztipment 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: D13.5130.4.400.300 Equipment Rental $ 8,000.00 ✓Vote Record-Resolution RES-2020-507 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Sarah E Nappa Voter 0 ❑ ❑ ❑ ❑ Defeated ,lames Dmtzto Jr ; Mover 0 ❑ ❑ ❑ ❑ Tabled Jill Doherty j Seconder 0 ❑ ❑ ❑ Eq:Withdrawn Robert Ghosio Voter 21 ❑ 0 0 Southold Town Board Regular Meeting August 25, 2020 page 17 ❑ Supervisor's Appt Louisa P Evans i Voter 0 ❑ ❑ 1 ❑ ❑ Tax Receiver's Appt Scott A Russell Voter 0 ❑ ❑ j ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hg Appt ❑ No Action ❑ Lost 2020-508 CATEGORY.• Recommendations DEPARTMENT: Town Clerk Rescind Resolution 2020-499 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. ✓ypte'tecoi d=".Resolution-RES-2020-508 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent L1 Tabled ❑ Withdrawn Sarah E Nappa Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt James Dimzio Jr ( Voter 0 ❑ ❑ ( ❑ ❑ Tax Receiver's Appt Jill Doherty ( Mover 0 ❑ ❑ ( ❑ ❑ Rescinded Robert Gliosio Seconder 0 ❑ ❑ t ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ i ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2020-509 CATEGORY.• Misc. Public Hearing DEPARTMENT: Town Attorney PH 1016 4:30 PM-Register of Historic Landmarks Southold Town Board Regular Meeting August 25, 2020 page 18 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 Ll Adopted ❑ Adopted as Amended ❑ Defeated — - --- T-- -- ---- --- — - — Yes/Aye No/Nay Abstain j Absent ❑ Tabled --- --- — — — - ❑ Withdrawn Sarah E Nappa Voter lZ ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ _ _ � El Tax Receiver's Appt Jill Doherty Voter ❑ El ❑ Rescinded Robert Ghosio Seconder Rl ❑ ❑ j ❑ ❑ Town Clerk's Appt Louisa P Evans ( Mover 0 ❑ ❑ j ❑ ❑ Supt H-wys Appt Scott A Russell Voter i El ❑ ❑ i ❑ ❑ 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. Southold Town Board Regular Meeting August 25, 2020 page 19 ✓vote Record-Resolution RES-2020'570 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled � __ _ ___ ❑ Withdrawn Sarah E Nappa Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty ( Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ( ❑ ❑ No Action ❑ Lost 2020-511 CATEGORY.• Contracts, Lease&Agreements DEPARTMENT: Town Attorney 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-14un r-ed Thirty Nine Dollars ($5,43o,nm 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' a 0 Adopted ❑ Adopted as Amended ❑ Defeated -— Yes/Aye No/Nay Abstain Absent ❑ Tabled - -a- ---b------ ------ ---- ----- ❑ Withdrawn Sarah E Nappa 1 Mover 0 ❑ ! ❑ ❑ Supervisor's Appt .lames Dmizio Jr ( Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty i Seconder 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio I Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans ; Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ; ❑ ❑ No Action 0 Lost Southold Town Board Regular Meeting August 25, 2020 page 20 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 County,New York, on the 25t"day 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 22"1 day of September, 2020 at 7:01 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to an Amendment to Chapter 170, Landmark Preservation, in connection with the Historic Preservations Commission's jurisdiction over new construction" reads as follows: LOCAL LAW NO. 2020 A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 170, Landmark Preservation, in connection with the Historic Preservations Commission's jurisdiction over new construction" BE IT ENACTED by the Town Board of the Town of Southold as follows: I. PURPOSE. The Town Board has reviewed the Chapter 170 of the Southold Town Code associated with Landmark Preservation and determined that the chapter requires revision in order to clarify of the role of the Historic Preservation Commission with respect to new construction on a site previously occupied by a landmarked property. II. AMENDMENT. Chapter 170 of the Code of the Town of Southold is hereby amended by removing the struck through portions and adding the underlined portions to read as follows: § 170-4 Historic Preservation Commission; membership; terms; powers and duties. A. There is hereby created a commission to be known as the "Town of Southold Historic Preservation Commission." The Historic Preservation Commission shall consist of no fewer than five members and no greater than seven members, to be appointed by the Town Board, to the extent available in the community, as follows: Southold Town Board Regular Meeting August 25, 2020 page 21 [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. 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 Southold Town Board Regular Meeting August 25, 2020 page 22 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 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. Southold Town Board Regular Meeting August 25, 2020 page 23 (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 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 previouslypied 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: Southold Town Board Regular Meeting August 25, 2020 page 24 (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. § 170-310 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; (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 § 170-4-011. § 170-4-0 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.,er-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.,of 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.,of 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.,er alteration or new construction is necessary or appropriate to preserve the landmark; Southold Town Board Regular Meeting August 25, 2020 page 25 (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. § 170-44 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. § 170-4-213 Enforcement. All activities conducted and work performed pursuant to a certificate of appropriateness issued by the Historic Preservation Commission under this chapter shall conform to the specific requirements of the certificate of appropriateness. It shall be the duty of the Code Enforcement Officer to inspect periodically any such activities or work to ensure compliance. In the event it is determined that such activities or work is not being conducted or performed in accordance with the certificate of appropriateness,the Code Enforcement Officer shall issue a stop-work order and all affected activities and work shall immediately cease.No further affected activities or work shall be undertaken while the stop-work order is in effect. § 170-4-314 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-ResolutionRES-2020-572 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated Sarah E Nappa Voter D ❑ ❑ ❑ ❑ Tabled James Dmizio Ir j Voter D ❑ ❑ ❑ 0 Withdrawn Jill Doherty ; Mover 0 ❑ 0 0 Southold Town Board Regular Meeting August 25, 2020 page 26 ❑ Supervisor's Appt Robert Ghosio j Voter 0 ❑ ❑ 1 ❑ ❑ Tax Receiver's Appt Louisa P Evans Seconder lZ ❑ ❑ j ❑ ❑ Rescinded Scott A Russell I Voter El ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2020-513 CATEGORY.• Advertise DEPARTMENT.• Police Dept Police Department-Advertise for Sp Interpreters&Detention Attendants 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 '° - El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Sarah E Nappa ! Voter El ❑ ❑ ❑ ❑ Supervisor's Appt James Dmtzio Jr i Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder z ❑ ❑ ❑ ❑ Rescinded Robert Ghosio r Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans ( Voter Rl ❑ ❑ t ❑ ❑ Supt Hgwys Appt Scott A Russell j Voter 0 ❑ ❑ ; ❑ ❑ 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 requites 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 Southold Town Board Regular Meeting August 25, 2020 page 27 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 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 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 25th day of August 2020. SEAL Elizabeth A.Neville Town Clerk Town of Southold -'Note Record-Resolution RES-2020=514"-,' ` 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/N'ay Abstain j Absent ❑ Tabled Sarah E Nappa i Voter D ❑ ❑ ❑ ❑ Withdrawn James Dmizio Jr i Voter ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty Seconder 0 ❑ ❑ i ❑ ❑ Tax Receiver's Appt Robert Ghosio i Voter 0 ❑ ❑ t ❑ ❑ Rescinded Louisa P Evans ? Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A Russell ; Voter D ❑ ❑ ; El ❑ Supt Hgwys Appt 0 No Action Southold Town Board Regular Meeting August 25, 2020 page 28 ❑ Lost 2020-515 CATEGORY: Contracts,Lease& Agreements DEPARTMENT: Town Attorney DiMaria Painting& Carpentry Agreement Ext Financial Impact: extend existing contract 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 - 0 Adopted ❑ Adopted as Amended ❑ Defeated ------ -- -------� ----------- - - ---------- - ---------- - -- Yes/Aye No/Nay Abstain ( Absent ❑ Tabled ---- -- --- -- --- ❑ Withdrawn Sarah E Nappa Voter 0 ❑ [IEl ❑ Supervisor's Appt James Dmizio Jr Voter 0 ❑ ❑ 1 ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover D ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans ( Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell f Voter 0 ❑ ❑ ❑ ❑ 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 Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended I ElDefeated Sarah E Nappa 1 Mover 0 ❑ ❑ ❑ ❑ Tabled James Dmizio Jr j Seconder 0 ❑ ❑ E ❑ ❑ Withdrawn Jill Doherty j Voter 0 ❑ ❑ i ❑ ❑ Supervisor's Appt Robert Ghosio Voter 0 ❑ ❑ i ❑ ❑ Tax Receiver's Appt Louisa P Evans Voter 0 ❑ ❑ i ❑ 0 Rescinded Scott A Russell Voter 0 0 11 0 Southold Town Board Regular Meeting August 25, 2020 page 29 ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2020-517 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 Recoi-il-Resolution RtS-2020-517 ak ' El Adopted ❑ Adopted as Amended ❑ Defeated — ❑ Tabled i Yes/Aye No/Nay Abstain Absent ❑ Withdrawn Sarah E Nappa ; Voter Q El Elj ❑ ❑ Supervisor's Appt James Dmizio Jr Mover D. ❑ ❑ t ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder H ❑ ❑ j ❑ El Rescinded Robert Ghosio Voter D ❑ ❑ t ❑ E] Town Clerk's Appt Louisa P Evans j Voter D ❑ ❑ j El ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ 1 ❑ ❑ 'No Action ❑ Lost 2020-518 CATEGORY. Property Usage DEPARTMENT: Recreation Field Use—Long Island Ospreys Southold Town Board Regular Meeting August 25, 2020 page 30 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 Clerk a Two Million Dollar Certificate of Insurance naming the Town of Southold as additional insured. ✓YteRec6rd-Resolution RES72020=518x° 0 Adopted ❑ Adopted as Amended ❑ Defeated - -- --- - - - -- - - - --- - Yes/Aye No/Nay Abstain { Absent El Tabled ❑ Withdrawn Sarah E.Nappa Voter 0 ❑ ❑ ❑� .lames Dimzio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt ❑ Tax Receiver's Appt Jill Doherty Mover 0 ❑ ❑ _❑ ❑ Rescinded Robert Ghosio f Secondee` 0 ❑ ❑ ❑ 11Town Clerk's Appt Louisa P Evans Voter -_ 0 -- ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ -❑ ❑ ❑ 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 Southold Town Board Regular Meeting August 25, 2020 page 31 A.6772.4.400.650 Contracted Services Vehicle Maintenance & Repair $3000 A.6772.4.600.450 Miscellaneous Innoculations $1800 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: LIP ✓Vote Record'=Res'olu'tion RES-2020-519,, 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled —--- --- ----- ------ - - ❑ Withdrawn Sarah E Nappa Voter 0 ❑ ❑ - ❑ ❑ Supervisor's Appt James Dmizio Jr Voter ❑ ❑ ❑ ❑ - -- - ------ - --- - - -- - ❑ Tax Receiver's Appt Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter ❑ ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 2 ❑ ❑ ❑ ❑ 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, County Road 48, Mattituck subject to the approval of the Town Attorney. Southold Town Board Regular Meeting August 25, 2020 page 32 °✓Vote Record—Resolution RES-2020-520` 0 Adopted ❑ Adopted as Amended ❑ Defeated ------ --- - - -- - ------------ - - -- ------ -- - - - Yes/Aye No/Nay Abstain 1 Absent ❑ Tabled --— — — -- ---- - ❑ Withdrawn -- Sarah E Nappa Voter ESI ❑ ❑ El ❑ Supervisor's Appt James Dimzio Jr Voter El ❑ ❑ 1 ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder 2 El ❑ ❑ Rescinded Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter D ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter ❑ ❑ ❑ ❑ 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 acknowledtes 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-20207521 " 9 Adopted ❑ Adopted as Amended ❑ Defeated -- - ------- - - - ------ - -- -- - - - - - - - Yes/Aye No/Nay Abstain Absent ❑ Tabled ------- -.— ❑ Withdrawn Sarah E Nappa Mover ' C ❑ ❑ ❑ ❑ Supervisor's Appt James Dmizio Jr Voter Rl ❑ ❑ ❑ El Tax Receiver's Appt Jill Doherty Voter 2 El ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2020-522 CATEGORY: Budget Modification Southold Town Board Regular Meeting August 25, 2020 page 33 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 o/Vote Record-Resolution,RES-2020-522 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled � _ . __ __� _ ❑ Withdrawn Sarah E Nappa I Voter 0 ❑ ❑ j ❑ ❑ Supervisor's Appt James Dmizio Jr Mover lZ ❑ ❑ i El ❑ Tax Receiver's Appt Jill Doherty I Seconder El El ; ❑ Robert Ghosio ! Voter D ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt Louisa P Evans Voter 2 ❑ ❑ ( ❑ ❑ Supt Hgwys Appt Scott A Russell j Voter D ❑ ❑ E ❑ ❑ 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 Police Department vehicles to The Highway Department, effective immediately: Southold Town Board Regular Meeting August 25, 2020 page 34 - 2014 Ford Expedition VIN# 1JFMJUIG56EEF24095 ASSET #4429 - 2006 Dodge Ram VIN# 1D7HUMN20199526 ASSET #3497 ✓Vote Record-Resolution RES-2020-521 RI Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled = -Z--- - - --- - ❑ WithdrawnSarah E Nappa Voter ❑ ❑ { El ❑ Supervisor's Appt James Dimzio Jr i Voter ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover ❑ El 3 ❑ Robert Ghosto Seconder D El❑ ❑ El Rescinded ❑ Town Clerk's Appt Louisa P Evans Voter RI ❑ ❑ i ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter ❑✓ ❑ ❑ ( ❑ ❑ 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 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled - - Sarah E Nappa j Voter ❑ ❑ ❑ ❑ Withdrawn El Supervisor's Appt James Dmizio Jr Voter RI El ❑ ❑ Tax Receiver's Appt Jill Doherty � Voter ❑ ❑ ❑ � ❑ Robert Ghosio ; Seconder ❑ ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt Louisa P Evans j Mover D ❑ ❑ El ❑ Supt Hgwys Appt Scott A Russell i Voter D ❑ ❑ ❑ ❑ No Action ❑ Lost Southold Town Board Regular Meeting August 25, 2020 page 35 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 4,` r 121 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled _ El Withdrawn Sarah E Nappa voter lZ ❑ ❑ El ❑ Supervisor's Appt James Dmizio Jr Voter 2 ❑ ❑ ❑ 11 Tax Receiver's Appt Jill Doherty Seconder R1 ❑ ❑ f El ❑ Rescinded Robert Ghosio [ Mover D ❑ El El ❑ Town Clerk's Appt Louisa P Evans Voter p p ❑____.}. ❑ ❑ Supt Hgwys Appt Scott A Russell j Voter D ❑ ❑ 1 ❑ ❑ 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, 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 followinjz Capital Projects Capital BudIzet as follows: Capital Project Name: Police Vehicles-2020 Southold Town Board Regular Meeting August 25, 2020 page 36 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,-Resolu6n`RES-2020-526 Q Adopted ❑ Adopted as Amended ❑ Defeated i Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Sarah E Nappa Mover Q ❑ ❑ ❑ ❑ Supervisor's Appt James Dimzio Jr Seconder Q ❑ Elj ❑ ❑ Tax Receiver's Appt Jill Doherty Voter Q El El ❑ Rescinded Robert Ghosio Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell j Voter Q ❑ ❑ ❑ ❑ 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 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 Q Adopted T - I Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Southold Town Board Regular Meeting August 25, 2020 page 37 ❑ Defeated Sarah E.Nappa Voter 0 ❑ ❑ 1 ❑ ❑ Tabled James Dmizio Jr Mover 0 ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Voter 0 ❑ ❑ I ❑ ❑ Supervisor's Appt Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P.Evans ( Seconder 0 ❑ ❑ ❑ ❑ Rescinded Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ 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 fora period of one (1)year from the acceptance of the bid. '✓Vote Reidrd-'Resolution RES;'2020-528 g _ ; 0 Adopted ❑ Adopted as Amended ❑ Defeated -- - - - — - ------ -- t- --- Yes/Aye No/Nay Abstain Absent ❑ Tabled - --- - -- ---- - - -- — ❑ Withdrawn Sarah E Nappa Voter 0 El ❑ ❑ Supervisor's Appt James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover D ❑ ❑ ❑ ❑ Rescinded Robert Ghosto Seconder, 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2020-529 CATEGORY.• Legal DEPARTMENT: Town Attorney PBA Stip ofAgreenient 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 Southold Town Board Regular Meeting August 25, 2020 page 38 authorizes Supervisor Scott A. Russell to execute same on behalf of the Town of Southold. -/Vote Record-Resolution-RES-2020-529 El Adopted ❑ Adopted as Amended ❑ Defeated I Yes/Aye No/Nay Abstain j Absent ❑ Tabled _ _.__ __ ❑ Withdrawn Sarah E Nappa i Voter D El ---- ❑ James Dmizio Jr Voter El ❑ ❑ ! ❑ ❑ Supervisor's Appt ❑ Tax Receiver's Appt Jill Doherty � Voter D ❑ ❑ � ❑ Robert Ghosio i Seconder D ❑ ElEl! ❑ Rescinded ❑ Town Clerk's Appt Louisa P Evans I Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ 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 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 Exeeutiye Assistant jeff-r-ey Standish i00.00 Maintenance Mechanic III Timothy Abrams 100.00 ✓Vote Record-Resolution RES-2020-530 0 Adopted Yes/Aye No/Nay Abstain j Absent ❑ Adopted as Amended Sarah E Nappa Voter D ❑ ❑ ❑ ❑ Defeated .lames Duuzio Ir Seconder, 0 ❑ ❑ ❑ ❑ Tabled Jill Doherty Voter D ❑ ❑ ❑ ❑ Withdrawn Robert Ghosio Mover El 0 0 ❑ Southold Town Board Regular Meeting August 25, 2020 page 39 ❑ Supervisor's Appt Louisa P Evans I Voter 0 ❑ ❑ _ ❑ ❑ Tax Receiver's Appt Scott A Russell Voter 0 ❑ ❑ i ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ 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 Vote Record,-Resolution'RES-2020-531 0 Adopted ❑ Adopted as Amended - - - - - - ------ - - -—- Defeated J Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Sarah E Nappa j Mover 0 ❑ ❑ j ❑ ❑ Supervisor's Appt James Dm¢io Jr Seconder 0 ❑ ❑ j ❑ ❑ Tax Receiver's Appt Jill Doherty E Voter D ❑ ❑ El ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ j ❑ ❑ Town Clerk's Appt Louisa P Evans ; Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell ; Voter 0 ❑ ❑ ❑ O No Action 0 Lost Southold Town Board Regular Meeting August 25, 2020 page 40 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 IRES-2020-532 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ------ - - ❑ Withdrawn Sarah E Nappa ; Voter 0 El El James Dm¢io]r s Mover 0 ❑ El ❑ El Supervisor's Appt ❑ Tax Receiver's Appt Jill Dohertv Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio ! Seconder 0 ❑ ❑ i ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ i ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ j ❑ ❑ No Action ❑ Lost 2020-533 CATEGORY.- Authorize Payment DEPARTMENT: Town Attorney Southold Town Board Regular Meeting August 25, 2020 page 41 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 D13.5110.4.400.600 Highway Contracted Services. ✓Vote.Reeord m-Resolution"RES-2020 533 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled El Withdrawn Sarah E Nappa I Voter Q El ❑ ❑ ❑ Supervisor's Appt James Dmizio-Jr j Voter Q ❑ ❑ - ❑ _ - ❑ Tax Receiver's Appt Jill Doherty Mover Q ❑ ❑ ❑ ❑ Rescinded Robert Ghosio, Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2020-534 CATEGORY.• Local Law Public Hearing DEPARTMENT.• Town Clerk PH 10/6/20 4:30 Pm-FIshers Island UFSDIWalsh Park 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 41000-9-10-10 from R-40 to HD (Hamlet Density at Southold Town Board Regular Meeting August 25, 2020 page 42 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 (3 0) 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 u dated information. ✓VoteRecord-Resolution RES-2020-534 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled — - - --- --- ----- -- -— Sarah E Nappa i Voter Rl ❑ ❑ ❑ El Withdrawn ❑ Supervisor's Appt James Dmizio Jr j Voter z ❑ ElEl( ❑ Tax Receiver's Appt Jill Doherty Seconder 0 ❑ ❑ j ❑ ❑ Rescinded Robert Ghosio Mover ❑ ❑ ❑ El ❑ Town Clerk's Appt Louisa P Evans 1 Voter ❑ ❑ ❑ i ❑ ❑ Supt Hgwys Appt Scott A Russell Voter ❑ ❑ ❑ ❑ ❑ No Action ❑ Lost Comments regarding Resolution 534 SUPERVISOR RUSSELL: I understand there is a lot of opposition, we got a lot of emails, we had both in opposition to and in support of this application. That is the whole purpose of setting the public hearing, is to take those comments and concerns into a formal hearing and formal format so the Town Board can snake a decision based on that. Southold Town Board Regular Meeting August 25, 2020 page 43 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 STla-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. 0 Adopted ❑ Adopted as Amended ❑ Defeated �"""��"-""`-____ Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Sarah E.Nappa Mover 0 ❑ C] __❑ ❑ Supervisor's Appt James Dmizio Jr Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty i Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio 1 Voter 0 ❑ ❑ El ❑ Town Clerk's Appt Louisa P Evans j Seconder D ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter ❑ ❑ ❑ ❑ ❑ No Action ❑ Lost 2020-536 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 BV 1 a 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. ✓,Vo'te Record-Resolution RES-2020-536 El Adopted Yes/Aye No/Nay Abstain Absent 0 Adopted as Amended Sarah E Nappa Voter Rl ❑ ❑ ❑ Southold Town Board Regular Meeting August 25, 2020 page 44 ❑ Defeated ,lames Dimzio Jr j Mover D ❑ ❑ ❑ ❑ Tabled Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Withdrawn Robert Ghosio Voter D ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P Evans Seconder 0 ❑ ❑ I ❑ ❑ Tax Receiver's Appt Scott A Russell Voter 0 ❑ ❑ ( ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2020-537 CATEGORY.• Special Events DEPARTMENT: Town Clerk Special Events Permit Pellegini 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 PVla-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 approva1. ✓Vote Record-Resolution RES-2020-537" 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain I Absent ❑ Tabled E ___ ❑ Withdrawn Sarah E Nappa I Voter 0 El El ❑ El Supervisor's Appt .fames Dmizio Jr Voter 0 ❑ ❑ El ❑ Tax Receiver's Appt Jill Doherty I Mover D ❑ ❑ ; ❑ ❑ Rescinded Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell 7, Voter 0 ❑ ❑ i ❑ ❑ No Action ❑ Lost 2020-538 CATEGORY.• Bid Acceptance DEPARTMENT: Town Clerk Accept Solar and Battery Storage RFP Financial Impact-Solar Southold Town Board Regular Meeting August 25, 2020 page 45 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. ✓VofeRecord-Resolution REs;20207538�, R1 Adopted ❑ Adopted as Amended ❑ Defeated - - Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Sarah E Nappa i Voter lZ ❑ ❑ ❑ ❑ Supervisor's Appt James Dmizio Jr Voter lz ❑ ❑ El ❑ Tax Receiver's Appt Jill Doherty j Voter lz ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder ❑ ❑ j ❑ El Town Clerk's Appt Louisa P Evans ; Mover Rl ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell- Voter D ❑ -1 -- ❑ ( ❑ ❑ No Action ❑ Lost Comment regarding resolution 538 COUNCILMAN GHOSIO: I would like to just comment, this was something that we worked on for a number of years and something that, one of the goals that we have had for a long time was to put a renewable energy system at the landfill, transfer station. So, it took quite a bit of time and the COVID fell in the middle of it and we had some (inaudible), so I am really excited about this and really look forward to finally seeing a project there. the company that we ultimately selected gave me the impression that we may see a working project there within two or three years, after all the permits and construction. It will be a great benefit to the town, not just because of the (inaudible) and the revenue it will generate but also from the standpoint that it helps us to, it is another step towards fulfilling our goals of a clean energy community. I'm really happy about it. COUNCILWOMAN DOHERTY: Well, thanks for keeping it moving Bob. SUPERVISOR RUSSELL: Thanks for your work Bob. Motion To: Motion to recess to Public Hearing RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed in order to hold a public hearing. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Nappa, Dinizio Jr, Doherty, Ghosio, Evans, Russell 2020-539 CATEGORY• Enact Local Law DEPARTMENT: Town Clerk Southold Town Board Regular Meeting August 25, 2020 page 46 Enact LL Chapter 260 WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 281h day of July, 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" 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. 5 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. Southold Town Board Regular Meeting August 25, 2020 page 47 Vote Record-Resolution RES-2020-539 ' El Adopted ❑ Adopted as Amended ❑ Defeated - ---- - ------- - - - --Ye f --- -- - ---- - - - s/Aye No/Nay Abstain ( Absent ❑ Tabled ❑ Withdrawn Sarah E Nappa Voter Rl ❑ ❑ C ❑ El Supervisor's Appt James Dmizio Jr Mover IZI ❑ ❑ l ❑ ❑ Tax Receiver's Appt Jill Doherty ( Voter Cd ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter El ❑ ❑ j ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Rl ❑ ❑ ❑ ❑ No Action ❑ Lost 2020-540 CATEGORY.• Seqra DEPARTMENT. Town Attorney Comprehensive Plan SEQRA WHEREAS, the Southold Town Board has completed the Southold Town Comprehensive Plan Volumes 1 & Ii dated February, 2020; and WHEREAS,the Southold Town Board, pursuant to State Environmental Quality Review Act (SEQRA) 6 NYCRR, Part 617, has determined that the proposed action is a Type I action pursuant to 617.4(b)(1) "the adoption of a municipality's land use plan, the adoption by any agency of a comprehensive resource management plan or the initial adoption of a municipality's comprehensive zoning regulations;" WHEREAS, the Southold Town Board performed a coordinated review of this Type I Action pursuant to 6 NYCRR Part 617, Section 617.7 of the State Environmental Quality Review Act (SEQRA); and WHEREAS, no objection to the Southold Town Board taking Lead Agency for the action was received; and WHEREAS, the Town of Southold Local Waterfront Revitalization Program (LWRP) Coordinator reviewed this application, and has recommended the proposed project be found consistent with the policies of the Southold Town LWRP; therefore be it RESOLVED,the Southold Town Board hereby declares itself Lead Agency for the SEQRA review of this action; and be it further RESOLVED, that the Southold Town Board has determined that this proposed action is consistent with the policies of the Town of Southold LWRP; and be it further Southold Town Board Regular Meeting August 25, 2020 page 48 RESOLVED, that the Southold Town Board,pursuant to State Environmental Quality Review Act (SEQRA) 6 NYCRR, Part 617, hereby makes a determination of significance for the proposed action and grants a Negative Declaration for the adoption of the Southold Town Comprehensive Plan. ✓-YoieRecoird=Resolution RES-2020-340 0 Adopted ❑ Adopted as Amended ❑ DefeatedYes/Aye No/Nay Abstain j Absent ❑ Tabled i- --- -— - ❑ Withdrawn Sarah E Nappa I Voter 0 ❑ El El ❑ Supervisor's Appt James DmElizio Jr Voter 0 ❑ ❑ f ❑ Tax Receiver's Appt Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder 0 ❑ ❑ j ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter 0 ❑ ❑ i ❑ ❑ Supt Hgwys Appt Scott A Russell ( Voter 0 ❑ ❑ j ❑ ❑ No Action ❑ Lost VI. Public Hearings 1. PH 8/25 7:01 - LL Chapter 260 COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 28th day of July, 2020, a Local Law entitled "A Local Law in relation to an Amendment to Chanter 260, Vehicles and Traffic, in connection with Traffic and Pedestrian Safety" and NOTICE IS HEREBY FURTHER GIVEN 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 25th day of August,2020 at 7:01 p.m. at which time all interested persons will be given an opportunity to be heard. 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 Southold Town Board Regular Meeting August 25, 2020 page 49 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. 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. I do have a notarized affidavit that this hearing was advertised by the Town clerk and on the town clerk's bulletin board. It was advertised in the New London Day, a copy of the ad in the Southold Town Board Regular Meeting August 25, 2020 page 50 Suffolk Times, also a notarized affidavit. There are several letters in here that are part of the record, looks like they are supporting the request. And I don't see anything else. Supervisor Russell SUPERVISOR RUSSELL: Before I take public comment, I just want people that are there I am sure, we got so many correspondence and emails that this, that want to comment. I just want to assure you, we got a lot of emails in support of this and not one single email in opposition, so we have a good understanding of what the will of the community on Fishers Island is, I am going to ask anybody that would like to speak to please be brief, so everybody has an opportunity to be heard. Would anybody like to comment? Reverend Candice Whitman REVEREND CANDICE WHITMAN: Good evening, thank you. I will be very brief. I just want to reiterate the support of the,community for a stop sign. I am one of the people who submitted a letter of support and I am merely here on behalf of the Island Community Board where I serve as vice-president and year round community. I am the pastor of Union Chapel and I am all for safety on our roads. That is a road where cars pick up a lot of speed and it is a blind intersection, so stop signs would provide a whole lot of security when one enters that intersection. Oriental Avenue is the only avenue that takes us to the east end of the island, so it is a route that has to be traveled. So, I very much appreciate this for the safety of our drivers. Thank you. SUPERVISOR RUSSELL: Thank you. MODERATOR: Ms. Evans, did you want to say something? JUSTICE EVANS: I just wanted you to remind people how they could make a comment by raising their hand. MODERATOR: Yes. Raising your hand, as some of you have already found, by using the raise hand button below, if you are dialing in on a telephone *9 on your key pad is the command to digitally enter. Next up is Dicky Riegel. Dicky Riegel DICKY RIEGEL: Thank you very much. I am also on the Island Community Board, I am an elected representative from the seasonal population. The Fishers Island community has universal support for this stop sign proposal. This is a potentially dangerous intersection, I can't even understand how we haven't had an accident there. The fact that it has been discussed and proposed at several Island Community Board meetings and has universal support should reflect the island's entire opinion on this. So full support here and thanks very much for hearing our support.. MODERATOR: Next up we have George de Menil. George de Menil Southold Town Board Regular Meeting August 25, 2020 page 51 GEORGE DE MENIL: Good evening, Supervisor Russell, Town Board members, thank you for this opportunity to speak up in favor of these stop signs. I am also on the Island Community Board and I just would add that this proposal was heard and presented with photographs on November 12 and then it was voted unanimously on May 12, some people have said couldn't you clear some trees and improve the site line, there's a major rise in the terrain and a turn in the road and neither of those situations can be alleviated by clearing, so we very much approve. There are 50 letters as the Supervisor has mentioned in favor of these stop signs. We very much hope the Board will authorize this. Thank you. MODERATOR: At the moment, there are no other hands raised. RESULT: CLOSED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER:Louisa P. Evans; Justice AYES: Nappa, Dinizio Jr, Doherty, Ghosio, Evans, Russell 2. PH 8/25 7:01 Pm Comprehensive Plan COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN that there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 281h day of July, 2020, a recommendation from the Southold Town Planning Board to adopt the proposed Comprehensive Plan for the Town of Southold; and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Comprehensive Plan for the Town of Southold at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 25th day of August 2020 at 7:01PM. at which time all interested persons will be given an opportunity to be heard, 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.nevilleAtown.southold.ny.us <mailto:elizabeth.neville(iitown.southold.ny.us> and lynda.rudderAtown.southold.ny.us <mailto:lynda.rudderAtown.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. Southold Town Board Regular Meeting August 25, 2020 page 52 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. I do have a notarized affidavit that this notice was published in the Suffolk Times and the New London Day. All appropriate jurisdictions were notified. I have a packet of correspondence and letters. Letters here that are part of the record. I do have a resolution from the Planning Board that recommends the Comprehensive Plan to the Town Board and that was certified by a resolution they adopted on July 20th. I have a memorandum from the Planning Board as well. I have a memorandum from the Local Waterfront Revitalization coordinator Mark Terry and it has been deemed that this Comprehensive Plan is consistent with the Southold Town LWRP. I also have a packet and a memorandum that the Planning Board respectfully recommends that the Town Board make a determination of non-significance on the Comprehensive Plan and issue a negative declaration of this Type I action. A coordinated review under SEQRA has been conducted and a full environmental assessment form including parts I, II and III is enclosed. Correspondingly, the Comprehensive Plan as recommended is consistent with the policy of the Town of Southold's Local Waterfront Revitalization Program, consistency assessment form is enclosed and that is all I have. Supervisor Russell SUPERVISOR RUSSELL: Who would like to comment on this local law? MODERATOR: We do have a few hands raised. The first one is Debbie O'Kane. Debbie O'Kane DEBBIE O'KANE: Hi, good evening and thank you to the Town Board for hosting this meeting tonight. My name is Debbie O'Kane and I am the president of the North Fork Audubon Society, North Fork Audubon is a locally chartered non-profit environmental organization. We have been advocating for natural resource protection here in Southold Town for almost 50 years. On behalf of the Board of the Audubon Society, I would like to commend the Southold Town Board for bringing the Comprehensive Plan to fruition. We encourage all of you to vote favorably for adoption of the plan and we would also like to recommend the creation of an advisory committee comprised of members of the environmental community and other members of our local community. The committees goal would be to help implement the environmental recommendations of the comprehensive plan while assisting with outreach to the community on relevant issues of importance. Other East End towns have similar committees that focus on water quality and quantity, land use, habitat and wildlife protection and the creation of policys for a sustainable environment. We hope that you consider this request presented to you on behalf of our members and all of the members of the environmental community. Thank you again for all of your efforts in making this Comprehensive Plan a reality. MODERATOR: Okay, next up we have Anne Smith Southold Town Board Regular Meeting August 25, 2020 page 53 Anne Smith ANNE SMITH: Good evening everyone. My name is Anne Smith, I am a resident of Mattituck. Tonight, I am speaking as the president of the Mattituck-Laurel Civic Association and we did submit a brief comment to the Town Board in writing. So, we would like to thank the Town Board, the Planning Board, the Planning Department and all of those who helped to get this public hearing on the Southold Town Comprehensive Plan going tonight. The Mattituck Laurel Civic Association supports the adoption of the Southold Town Comprehensive Plan. They are hopeful that responsible party's cited in the Comp Plan include the local civics and other organizations to be sure this living document provides not only guidance but an avenue for civic engagement. The future of our town and individual hamlets is something we all need to weigh in on as we work to achieve the goals and objectives outlined for the town and the individual hamlets. MLCA is forming a Comprehensive Plan study group, we plan to facilitate local discussion groups and will be revisiting our_ (inaudible) request document in light of the new plan. Additionally, the North Fork civics have worked together and are meeting regularly to share our perspectives in areas we feel we have in common and those that are unique to our hamlet to help set priorities during this important work. So, we are here to help and thank you very much and good luck with the implementation process. SUPERVISOR RUSSELL: Thank you. MODERATOR:, Thank you. Next hand raised is Al Krupski. Legislator Albert Krupski LEGISLATOR ALBERT KRUPSKI: Thank you. and thank you for this opportunity to speak. I would like to thank the Southold Town Board and Supervisor Russell for holding this hearing and I would like to thank Planning Director Heather Lanza and Southold Town Planning Board for all the hard work they did and all the public outreach meetings. I would like to acknowledge all the people who came out to all the public outreach meetings and contributed in making this document what it is. I remember years agog when this process started and I would like to urge the Southold Town Board to take advantage of all that hard work for the benefit of the town and adopt this. So thank you for holding this hearing. SUPERVISOR RUSSELL: Thanks Al. MODERATOR: Alright, next up is Bob DeLuca. Bob DeLuca BOB DELUCA: Thank you and good evening Town Board members. My name is Bob DeLuca, I am a 20 year resident of East Marion and I am speaking tonight on behalf of the Group for the East End where I serve as president. I am here this evening to offer our strong support for the adoption of this Southold Town Comprehensive Plan update. As I get started, let me also thank the Town Board along with all the town's dedicated staff for taking on the challenging and ongoing work that is required to get us through this current pandemic and looking out for our best interests in protecting public health. Let me also say thank you in that context for continuing to move the Southold Town Comprehensive Plan update forward and for Southold Town Board Regular Meeting August 25, 2020 page 54 all the extensive work in getting this document in its final form and ready for adoption because even though we are going through a very challenging time, the individual and collective effort that's been required to produce this citizen driven Comprehensive Plan may truly be the most important work that any town board can ever do and it couldn't come at a more important time for Southold Town. I've worked as a land use professional for nearly 35 years, most of it on the East End of Long Island, in all that time I can tell you the greatest land use and conservation achievements across our region have come from the development, forward looking comprehensive planning efforts that give every town board, zoning board, planning board, building department and code enforcement officer a strategic blueprint for the future of what the community wants to be and specifically how to get there. Likewise, a lack of strong planning and complimentary zoning can be responsible for any number of permanent land use disasters and once they start piling up, you can start to lose everything that is important to the people who live here as well as those who visit our region and support our local economy. Largely because our town looks like-a place that people care about and want to come to. when I spoke about the Comprehensive Plan to the Planning Board, I shared my feelings that if you live here and you pay attention to what is going on, you can almost feel the development pressure that is building on the door step of this community and it could bury us, like it has so many other places. If you don't get ahead of the curve and implement the proper land use requirements and tools that will provide us with a sustainable future. Fortunately, with its focus on protecting community character, increasing land preservation, sustainably managing our groundwater resources, promoting our traditional industries and addressing many of our housing and transportation challenges, the road map provided by this Comprehensive Plan will serve us well into the future. And if it is fully implemented, give us the best possible chance at saving what we have and making sure this special place never becomes just any place. I know the hardest work still lies ahead as the Town Board must set its priorities, develop a calendar for new legislation, put that legislation out for hearing and then adopt the measures we all deem most important. And we know there will be no shortage of crises and emergencies that can stand in the way of progress. But every journey begins with a single step and the preparation for this journey has been well prepared with more than a decade of citizen and professional commitment. So, I think we are ready to lend a hand to share our ideas and offer our support to you as our elected leaders in creating a future that we can all be proud of for generations to come. So, on behalf of myself and Group for the East End, I hope you proceed with the adoption of the Comprehensive Plan just as soon as you possibly can. Thank you very much for your time and attention to our comments. SUPERVISOR RUSSELL: Thank you. Bob, thank you, you have been a big contributor with your knowledge and inside help, I want to thank you for everything you have done. MODERATOR: Okay, next up is Drianne Benner. Drianne Brenner DRIANNE BENNER: Thank you so much, my name is Drianne Benner, I am here on behalf of the Orient Association, I am president of the Orient Association. So, thank you all for holding the hearing and thank you to the Planning staff for organizing the many hours of hamlet meetings, including years of work to create the Comprehensive Plan. We congratulate you. Like the other civics, the other North Fork civics, we recommend adopting the plan and incorporating Southold Town Board Regular Meeting August 25, 2020 page 55 in that plan an implementation committee as a first step in the process. Once the plan has been adopted, the Orient Association, with the other North Fork civics, offers our group as a resource and support through the implementation process. So, we hope that you will rely on us because we will be there. We provided a letter in your file, supporting the adoption of the plan. Included in that is the Orient plan we worked on in 2016 using the framework of this plan which is terrific. With the Orient propositions those propositions were also dated 2016 and were voted on. They focus on a few key issues, then and now these issues haven't changed, they are water quality, house size, traffic, preservation of scenic view sheds among other things. In addition to the suggestion of forming an implementation committee, our current letter of support for this hearing and the Comprehensive Plan has a few additional considerations or highlights. And these highlights concern connecting building size both house size as well as commercial size to community character, we think this should be added to chapter 3 on land use,just to connect the dots there. We also want to reinforce and protect the Orient Historic District, again we feel very strongly about the protection of the hamlet and the historic district and we are making some suggestions there about incorporating design criteria, design standards among other things to protect the integrity of the Orient Historic District and we also want to emphasize the preservation of farmland. the plan calls for at least 8,000 acres to be preserved and we suggest that the full 10,000 that are in agricultural use at the time that was measured be preserved completely. So, we would also like to support the newly formed Cutchogue Association and Civic and their recommendation for the preservation of public right of way for beach access, they could not be here tonight so I am saying that on their behalf. So, like the other civics, this plan is so comprehensive, so well vetted and thoughtful, the challenge ahead will be implementation and like the other civics, we support adoption of the plan to get to the next phase of the process. Thank you. SUPERVISOR RUSSELL: Thank you. MODERATOR: Next up is Mark Haubner. Mark Haubner MARK HAUBNER: My name is Mark Haubner, I am the vice president of the North Fork Environmental Council in Mattituck. Again, congratulations on the Comprehensive Plan, we believe strongly that the master plan should encompass resources that the people and their town's in making Southold one of the healthiest places in the world to live, socially, environmentally and economically. We have an opportunity, a great opportunity, to work with the other Peconic Bay regions and towns in achieving this goal. And we are offering our expertise in creating an environmental committee or sustainable committee, whatever it's called, no difference. The work that needs to be done to reach the goals of the missions (inaudible) and energy efficiency in New York State is daunting when seen in its entirety but with a dedicated team of interested and talented experts from the communitys base, the work will be possible. We encourage you to follow through with designating a team of citizens to round out the climate smart community team already in place within the town's structure. we don't have time either to waste or to lose. Thank you so much. SUPERVISOR RUSSELL: Thank you. Southold Town Board Regular Meeting August 25, 2020 page 56 MODERATOR: Okay, next up is Heather C. Heather Cusack HEATHER CUSACK: Hi, I am Heather Cusack from Cutchogue, I serve with the Cutchogue Civic Association, I'm vice president and thank you to Orient but I was able to get in here and just briefly want to say that the Cutchogue Civic supports the adoption of the Comprehensive Plan, in addition to the priorities outlined in the plan for Cutchogue, more and more Cutchogue residents are being alarmed at the rate their beach right of ways which they have been using historically for decades, are being blocked off. We therefore request that Southold Town consider the proposal we submitted and add language to address right of way protections to the Comprehensive Plan. Thank you and we did send that to all of the members of the Town Board, I was wondering if maybe, I don't know if it's necessary for me to read that into the record? SUPERVISOR RUSSELL: It was received and is part of the record. MS. CUSACK: Okay, wonderful Mr. Russell. That's fabulous. Thank you all for working still in keeping our town so beautiful, I appreciate it and that's all we wanted to say for tonight. Thank you. MODERATOR: Okay, we did have someone logged in as the Cutchogue Civic Association, they did drop off. Next up would be Louise Harrison. Louise Harrison LOUISE HARRISON: Good evening Supervisor and members of the Town Board. Thank you for holding this hearing tonight and thank you for considering the very well prepared and well considered Town of Southold Comprehensive Plan. I speaking to you as a resident of the hamlet of Peconic, one of the more beautiful places in Southold Town but all of Southld Town is beautiful. I would just like to reiterate the comments made by my colleagues at the North Fork Audubon Society, the North Fork Environmental Council, the Group for the East End and the comments made by the Orient Association and Cutchogue Civics. Very well placed comments, I agree with them and I will not reiterate them, I will just say that I support those comments. Moreover, I support the adoption of the Town of Southold Comprehensive Plan. it's going to help Southold reach its goals and protect the land and the values of the citizens here. So please adopt the Town of Southold Comprehensive Plan. Thank you. SUPERVISOR RUSSELL: Thank you. MODERATOR: Next up we have George Maul. George Maul GEORGE MAUL: Hello, I am George Maul and I am here on behalf of the New Suffolk Civic Association. We agree that the Comprehensive Plan should be adopted immediately. in the Comprehesive Plan there's talk about responsible parties and we think that in the Town of Southold we all need to be responsible parties and people who work in a project based environment know if you want to get something done, you need to have motivated and varied working people together in groups of 7 to 9 approximately and a deadline in order to get a Southold Town Board Regular Meeting August 25, 2020 page 57 project accomplished and we would like to urge the Town Board to immediately form any and all town committee's to address the pressing issues of the Comprehensive Plan and we trust the Board can see what those,pressing issues are and we hope you can find the right chair people and volunteer members to institute those committees and get the work done. And we would also like to urge that immediately on adoption of the plan, since it is a living document,that steps be taken to update it. Other than that, we would like again to thank everyone for all their hard work and we are available to help in any way that we can. SUPERVISOR RUSSELL: Thanks George. MODERATOR: Okay, next up is Anne Murray. Anne Murray ANNE-MURRAY: Thank you: My name is Anne Murray, I am president of the East Marion Community Association and as you probably know, we were enthusiastic supporters of the Comprehensive Plan planning process over these many years. We hosted and attended many meetings with planning staff, town officials and our residents. And as the Orient Association did, we also surveyed our residents and came up with specific urgent issues in East Marion and.I submitted that to you all in a document that you can review but this is the best part, tonight you have the opportunity to adopt this plan after all these years and I agree with the other people who \ have commented, I think the most important thing after adoption is the next step which is implementing the many issues in the Comprehensive Plan. I hope the town has a process in mind for that and I want you to know that EMCA and the other civics stand ready to help in any way that we can and I urge you to adopt the plan as soon as possible. I also want to say a big thank you to Heather Lanza and the Planning staff and the Planning Board for all the hard work they did over these many years. Thank you. SUPERVISOR RUSSELL: Thank you. MODERATOR: Next up is Marina DeLuca. Marina DeLuca MARINA DELUCA: Hi everyone. Can you hear me? Thank you for having this meeting, I am so happy to see you guys moving ahead with the Comprehensive Plan despite it being such a challenging year for so many of us. My name is Marina DeLuca, I am currently a resident of East Marion. I am 22, I am a recent graduate of Union College and I am a Greenport High School alum, and I wanted to tell you guys a little bit about what my childhood was like here on the North Fork and why this plan matters so much not only to me but the many other young people who have had the privilege of growing up out here and while not all of them may be present at meetings like these, I just want you to know that it's something that me and many of my friends are concerned with. When I was a kid, what it looked like to live out here was going for 12 hour days at the beach, that would end in bonfires where you could see the stars, it was snorkeling in the bay with puffer fish, diamond back terrapins and scallops or finding a garter snake or box turtle at many of the local preserves that are just absolutely beautiful out here. And many of my peers, what unites us even though many of us are different know having gone through different life experiences, going away to college, staying here, is that these are similar Southold Town Board Regular Meeting August 25, 2020 page 58 memories to so many of my friends. However, I want to take you back four years ago in 2016, this was the year I and many of my classmates left for college. When I came home personally in the summer of 2016, I was rattled by the many countless changes that had occurred in Southold Town, the areas of forest where I played in as a kid were gone, they were clear cut or filled with new construction where wildlife used to be. The carnage left behind of roadkill after the heavy Friday night traffic was enough to leave me in tears after driving only three miles to my job on Saturday morning and I've continued to watch up-lighting and other outdoor lighting destructing the darkness at night that allowed me and my friends to spend hours looking at constellations. Many people during the COVID pandemic when we have been trapped in our houses have heard the roar of leaf blowers, weed whackers and landscaping noise, it's so invasive and has left so many people feeling irritable and frustrated and I wanted to move on from here to tell you that all of these things are issues that the Comprehensive Plan is starting to address and that's why it's so important for you to continue to move forward in its adoption. It is difficult for other young people like me to come out for local meetings or even what to say, I know I struggled myself in putting this together but I just wanted you to know that I am not the only one who is upset by watching the woods disappear. I am not the only one that's upset that being stuck in traffic no longer means being stuck behind a tractor on the North Road. And I am not the only one that's upset by the chronic noise pollution that forces us inside. And I am not the only one who is heartbroken to see our Bay become further polluted and finding a Peconic Bay scallop is a rare treat rather than a common activity but I am also not the only one who believes in the plan and is putting their faith in the Town Board to do the right thing here in its adoption and further implementation. I could go into the science about why these new happenings are destructive to eco-systems, I can tell you that increasing the density out here creates more septic waste and nitrogen leaching which continues to pollute our bays but I think these are many of the things you already know which is clear in the design of this plan and legislation Southold Town has put forward but today I want to remind you of something on the more emotional side, in the words of Joni Mitchell, 'you don't know what you've got until it's gone' So please do not make this mistake with the North Fork, take action today, approve the plan that you have spent years creating and use it. On behalf of myself and countless other people my age who have grown up here and are currently living here, I urge the town to adopt this Comprehensive Plan, you have our support. We don't want this town to become just 'anyplace USA', all of the beautiful things I mentioned are what makes this place different. This plan lays the groundwork and will prevent further destruction from happening. Even though everyone who has been on this meeting may have a different idea as to what the actual implementation of the Comprehensive Plan may look like, there's so much support for it in this room right here. This plan is a really good thing and it took over 10 years to make and the result of that hard work has turned out absolutely wonderfully but if we wait any longer to implement the plan, it will be too late and the treasure of the North Fork will be nothing more than a memory for people like me who once called it home. So, I just want to, again, tell you how much support you have not only from me but the countless other young people in my age group, older and younger. This is something truly important to us and we call to the town to adopt it and to continue to move forward in its implementation. Thank you. SUPERVISOR RUSSELL: Thank you. MODERATOR: We have one more hand raised, Lisa DeLuca. Southold Town Board Regular Meeting August 25, 2020 page'S9 Lisa DeLuca LISA DELUCA: Thank you, I just want to say if only our country would follow you lead in what you have done over the past 10 years, soliciting feedback from your stakeholders and actually listening to and respecting the input of your neighbors, can you bottle and sell your formula? We all would be a lot better off. I want to thank you for this 10 year effort, I don't have any great words of wisdom to say tonight but I thought it was important just to come out and let you know that another citizen supports your efforts. I am an East Marion resident. I support your efforts to approve the Comprehensive Plan for the town. I feel it's extremely important and a wise thing to do and I appreciate each and every one of you for doing this. That being said, I also feel time is of the essence and I encourage you to adopt it now, the changes that I have seen in the town over the last 30 years are enormous and accelerating. If a plan was seen to be necessary 10 years ago, it's even more necessary now so I support the plan and I look ..forward to its implementation and I urge you to adopt it now. I also supportthe civic groups recommendations for continued community involvement. Thank you very much for your work. SUPERVISOR RUSSELL: Thank you. MODERATOR: Supervisor, right now there are no more hands raised. JUSTICE EVANS: Should we close the hearing then? Supervisor Russell SUPERVISOR RUSSELL: First before I do that, you should have three attendees, Heather Lanza, Mark Terry and Donald Wilcenski, can you invite them in? MODERATOR: Yes. SUPERVISOR RUSSELL: I just wanted to bring you in to thank you face to face such as it is, for all the hard work you did. It's actually, over the years I've had the pleasure working on some of the chapters with Mark, and Heather with your regular updates to us and Don, your organization of the Planning Board to organize all of the community meetings and all the hard work, I really want to express great appreciation to all of you for all the hard work. Really, it's incredible. And thank you, I know it was a, with this and trying to do the regular responsibilities you have on behalf of the town, it must have been an enormous task. I am sure u lot of hard work and long hours, I want to thank you for that. Donald Wilcenski, Chairman Southold Town Planning Department DONALD WILCENSKI, CHAIRMAN SOUTHOLD TOWN PLANNING BOARD: Thank you very much for all your support over the years dealing with this and the rest of the Town Board. I think, again, the big take here is the community effort and the involvement of the community who made this whole thing possible and I would also like to give kudos to the Planning staff because they really were the heartbeat of the whole process. COUNCILWOMAN DOHERTY: I want to personally thank Heather and Mark and their I Southold Town Board Regular Meeting August 25, 2020 page 60 support staff and the Planning Board to keep this going. I was a Trustee when the previous board talked about it and I remember back when, when we had a different plan that was never adopted so, a proud moment for this town to get to this moment. So, thank you guys. Heather Lanza, Director Planning Department HEATHER LANZA, PLANNING DEPARTMENT DIRECTOR: It's a historic night, I think. SUPERVISOR RUSSELL: Any other hands raised? MODERATOR: Not at this time. COUNCILWOMAN DOHERTY: I make a motion to close the public hearing on this important topic. Town Attorney William Duffy TOWN ATTORNEY DUFFY: Can I recommend we leave it open for further comment, we are still awaiting comment from the Planning Commission? This hearing was left open for public comment for 2 weeks at 8:38 PM ClosinIZ Comments Supervisor Russell SUPERVISOR RUSSELL: I am going to open up the floor to anybody that would like to comment on any item of mutual interest, please feel free? MODERATOR: Okay, we have a hand raised, Arlene Castellano. Arlene Castellano ARLENE CASTELLANO: Hi, this is Arlene Castellano, New Suffolk. I am happy to see the Board move forward with the Comprehensive Plan but I wanted to bring up the New Suffolk parking report. In June of 2019, the Town Board at the request of the Transportation Commission hired AKRF Consulting to complete a parking report to address beach over- crowding and street congestion in New Suffolk. The report cost the taxpayers $18,000 and it was expected to be completed by the end of summer 2019. It is now the end of summer 2020 and the Board has yet to discuss the contents of this report in any open setting. When AKRF was hired to work on the town's Comprehensive Plan, drafts of the report were posted publicly on the town's website and discussed in open work session. There were numerous public meetings held while the report was being written and after its completion. the New Suffolk report by comparison, was not shared with the public or the Transportation Commission until after it had privately gone through multiple revisions. Drafts of the report where never shared publicly and no public meetings were held. in January the report was discussed with a representative of AKRF in Executive Work Session. I looked over New York's open meeting law and I can't see how a discussion about a parking report that was already fully approved for funding would qualify as a matter appropriate for Executive Session. And just as an aside, I heard Councilwoman Nappa a few weeks ago mention that the majority of the Transportation Southold Town Board Regular Meeting August 25, 2020 ' page 61 Commission have been deliberating over email chain regarding a future law. I think this may also have been a violation of the open meeting law. The final New Suffolk parking report was released to the public and the Transportation Commission at the end of February. When I saw the report, I was concerned with the fact that a few stakeholders opinions were heavily featured and that those stakeholders were unnamed. I was a stakeholder and in hindsight, I regret answering the phone that day because I don't feel it was appropriate for stakeholders to be included in this report considering this report was meant to be unbiased and objective. If public input was needed then a public meeting should have been held. AKRF was contracted to hold two public meetings. I know the pandemic has delayed a lot of things but the Board has been operating with Zoom for awhile now and public hearings have been happening for a few weeks. So, I don't understand why a meeting is not being at least scheduled for some time in the future. The Board had two discussions this summer about beach overcrowding in New Suffolk. You all spent a lot of time brain storming ideas and talking about the issues in New Suffolk but no one mentioned the professional report that was commissioned specifically-to address those issues? Why? I think the people in New Suffolk have been very patient with this town, we have waited years for the board to take up this issue. to seriously take up this issue. The board's stopgap measures are ineffective in solving the problem.` Finally, last year we had the hope of a serious change, when a professional report was commissioned but unfortunately, I don't feel the report was handled transparently and now it seems like it's been forgotten altogether. I don't want the board to wait until next spring to bring up this report only to tell the people of New Suffolk again that there's not enough time to act before the summer season. So, I just wanted to know if the board has any plans to schedule a public meeting? Thank you. COUNCILWOMAN DOHERTY: I know Sarah, you are the liaison to the Transportation Commission but I will speak to that, first of all, the, when we contract an outside contractor we do have several meetings and updates pertaining to the contract itself. Once we feel the contract has been fulfilled, then the report is complete. So, we did not have meetings that would anticipate the public, it's at the point where it goes to the Transportation Commission and they were just ready to have a meeting on that when COVID hit. So, once we get the report from the Transportation Commission, we can plan on starting to have the public meetings, that's the next step. And unfortunately we, I hoped that we would deal with this in March and we all know what happened in March, so that plan is still going to move forward but it is taking some time. COUNCILWOMAN NAPPA: I would like to speak quickly, I do want to touch base or touch on your comment about Executive Session back in January, I don't believe any representative from AKRF was there, I believe we had an Executive Session with the town engineer reviewing the traffic study, so it hadn't been accepted at that point which is why it was in Executive Session but it was not the consulting firm. The Transportation Commission, as Jill stated, we were slated to have a meeting to discuss this traffic study on March 16th which was obviously cancelled. The Transportation Commission has not resumed their meetings yet even though the Town Board is meeting via ',Zoom, some of the committees and commissions are not quite there with the technology and getting organized, in having those meetings, so it is on all of our radar at the Transportation Commission, it is a top priority to discuss when we start meeting again but no meeting has been noticed at this time. The only other thing I would say about emails that were Southold Town Board Regular Meeting August 25, 2020 page 62 discussed, those are Foilable, so it is not a violation of open meetings law, Bill, if I am correct, but those emails were not pertaining to this subject. TOWN ATTORNEY DUFFY: Yes, Sarah, to your point, it is not improper for committee members to email each other regarding a topic as long as there is not a preorganized time where all these are emailing and trying to circumvent it, but if somebody wants to comment and wants to email one or two or the entire committee about an issue, that is perfectly acceptable under the open meetings law and further, the Executive Session that took place against your point was not to discuss the report itself but to discuss, between the engineer and myself, we were discussing whether the company that was hired fulfilled the terms and whether they were performing pursuant to the terms of the contract and the employment of this particular corporation was proper for Executive Session, that was the main thrust of the issue. COUNCILMAN GHOSIO: Inaudible. SUPERVISOR RUSSELL: It would have been listed on the agenda. TOWN ATTORNEY DUFFY: It was listed under employment history of a particular corporation. COUNCILMAN GHOSIO: How would the public know if we had a discussion about... TOWN ATTORNEY DUFFY: I don't know how it was particularly listed, I don't know if it had the company's name on it. I don't know. COUNCILWOMAN NAPPA: I do want to express to Arlene, I know this has been particularly frustrating for years, that's an understatement. it is a priority for us to get this moving and to come up with a resolution to the parking issue. I will reach out again to the Transportation Commission and see if I can get the ball rolling to get this before the Town Board. Supervisor Russell SUPERVISOR RUSSELL: Would anybody else like to comment on any issues? MODERATOR: At this time there are no hands raised. Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at_8:53 P.M. Tynda M. Rudder Southold Deputy Town Clerk Southold Town Board Regular Meeting August 25, 2020 page 63 RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER:Louisa P. Evans, Justice AYES: Nappa, Dinizio Jr, Doherty, Ghosio, Evans, Russell