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Home My WebLink AboutTB-09/08/2020 ELIZABETH A.NEVILLE �gUfFO(� Town Hall,53095 Main Road TOWN CLERK �o� coGy PO Box 1179 y Southold,NY 11971 REGISTRAR OF VITAL STATISTICS o Fax(631)765-6145 MARRIAGE OFFICER y'�Ol .�ao� Telephone: (631)765 - 1800 RECORDS MANAGEMENT OFFICER southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING September 8, 2020 4:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, September 8, 2020 at the Meeting Hall, Southold,NY. Call to Order 4:30 PM Meeting called to order on September 8, 2020 at Meeting Hall, 53095 Route 25, Southold,NY. AtterideeName: n anizat' �ra=� `"° _ g ion ` Title' Status `Arrived — ., e'. . Sarah E.Na a Town of Southold Councilwoman Remote James Dinizio Jr_ i Town of Southold Councilman Remote Jill Doherty Town of Southold Councilwoman Present Robert Ghosio Town of Southold Councilman Present Louisa P. Evans ' Town of Southold Justice Remote ^mT m Scott A. Russell Town of Southold Supervisor Present Elizabeth A.Neville 1 Town of Southold Town Clerk Present William M Duffy 1 Town of Southold Town Attorney 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 II. Public Notices III. Communications IV. Discussion 1. 9:00 Mark Terry (Via Zoom) 2. 9:15 Chief Flatley (In Person) Southold Town Board Regular Meeting September 8, 2020 page 2 3. Supervisor Russell 4. Announcement : COVID-19 Testing Sites 5. EXECUTIVE SESSION -Proposed Acquisition(S), Sale or Lease of Real Property Where Publicity Would Substantially Affect the Value Thereof 6. EXECUTIVE SESSION -Potential Litigation 7. EXECUTIVE SESSION -LABOR- Matters Involving the Employment of a Particular Person(S) Opening Comments Supervisor Russell SUPERVISOR RUSSELL: Please rise for the Pledge. Thank you. Before we get started, I just want to apologize if I have to excuse myself early from the meeting. Now would be the time for anybody who is watching to comment on any of the agenda items. I believe we have public hearings this evening, okay, so this would be comment on any of the regular agenda items. Anything pertaining to the public hearings would be taken at that time. Any questions? MODERATOR: As a reminder, for those using zoom, you can use the raise hand button on the bottom of your screen or you can use the zoom in feature. If you are dialing in from a telephone, you can use *9. At the moment there are no raised hands. V. Resolutions 2020-541 CATEGORY.• Audit DEPARTMENT. Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated September 8 2020. ✓Vote Record-Resolution RES-2020-541 ' 2 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Sarah E Nappa Voter 0 ❑ ❑ i ❑ ❑ Withdrawn ,lames Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty Voter ❑ ❑ ❑ ; ❑ ❑ Tax Receiver's Appt Robert Ghosio Seconder Z ❑ ❑ j ❑ ❑ Rescinded Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A Russell Voter ❑ ❑ ❑ ❑ ❑ Supt Hgwys Appt 0 No Action Southold Town Board Regular Meeting September 8, 2020 page 3 ❑ Lost 2020-542 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, September 22, 2020 at the Southold Town Hall, Southold, New York at 7:00 P. M.. -✓VoteRecord-,Resolution;RES-2026-542 -°�� ' 0 Adopted ❑ Adopted as Amended ❑ Defeated ❑ TabledYes/Aye No/Nay Abstain Absent ❑ Withdrawn Sarah E Nappa i Voter 0 ❑ ❑ ! ❑ ❑ Supervisor's Appt James Dimzio Jr Voter 0 ❑ ❑ ; ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 El El El ❑ Rescinded Robert Ghosio ( Seconder 0 ❑ ❑ G ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2020-543 CATEGORY.• Trailer Permit DEPARTMENT. Town Attorney Denial of Trailer Permit Application WHEREAS, Francis and Elizabeth Kelly d.b.a. Brushes Creek Marina Inc. have made an application for a Trailer Permit to place a trailer at 1900 Peconic Bay Blvd, Laurel NY, and WHEREAS, the proposed use of the trailer as applied for is inconsistent with the Town's Policy Regarding Trailer Permits, and now therefore be it RESOLVED, the application of Francis and Elizabeth Kelly d.b.a. Brushes Creek Marina Inc. is hereby DENIED. ✓Vote'Record-Resolution RES=2020-543 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Sarah E Nappa i Mover 0 ❑ ❑ ❑ 0 Defeated .lames Dmizio Jr : Seconder 13 ❑ 11 ❑ Southold Town Board Regular Meeting September 8, 2020 page 4 ❑ Tabled Jill Doherty j Voter D ❑ ❑ ❑ ❑ Withdrawn Robert Ghosio I Voter ❑ ❑ ❑ i ❑ ❑ Supervisor's Appt Louisa P Evans Voter D ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A Russell Voter ❑ ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2020-544 CATEGORY.• Fmla DEPARTMENT: Accounting ^LL Grant FMLA Leave to a Town Employee RESOLVED that the Town Board of the Town of Southold hereby grants a leave of absence for Lip to 12 weeks to Employee#1798 effective September 14, 2020 pursuant to the Family Medical Leave Act. Vofe�Recoftl`Resolution RES-20207544 , RI Adopted ❑ Adopted as Amended ❑ Defeated - - -- — - Yes/Aye No/Nay Abstain Absent ❑ Tabled --- -- — - — Sarah E Nappa j Voter 0 ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's A t James Dmizio Jr Mover ❑ ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty I Voter D ❑ ❑ ❑ ❑ Rescinded Robert Ghosio ( Voter Rl ❑ ❑ i ❑ ❑ Town Clerk's Appt Louisa P Evans ; Seconder ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell I Voter El ❑ ❑ ❑ ❑ No Action ❑ Lost 2020-545 CATEGORY.• Committee Resignation DEPARTMENT. Town Clerk Resignation-Ag Advisory Committee Secretary RESOLVED,that the Town Board of the Town of Southold hereby accepts the resignation of Cheryl Kaswell from the position of Secretary to the Agricultural Committee, Effective September 8, 2020. Southold Town Board Regular Meeting September 8, 2020 page 5 ✓Vote Record-,Resolution RES-2020-545 Rl Adopted ❑ Adopted as Amended ❑ Defeated -- ---- -- - 1 - - — -, - -- Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Sarah E.Nappa Voter Rl ❑ ❑ ❑ ❑ Supervisor's Appt James Dimzto Jr Voter M ❑ ❑ ! ❑ 11Tax Receiver's Appt Jill Doherty Mover D ❑ ❑ ? ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ 1 ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ i ❑ ❑ Supt Hg Appt Scott A Russell Voter ❑ ❑ ❑ i ❑ ❑ No Action ❑ Lost 2020-546 CATEGORY.• Refund DEPARTMENT.• Town Clerk Refund Parking Permit RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund to the following individual(s) for a Parking Permit and/or Trailer Permit. NAME REFUND Eastern Property Service 4/21 Non-Res Park40018 300.00 PO Box 2190 Non-Res Trlr#0009 50.00 Riverhead,NY 11901 Robert Dunn 12/23 Guest Park# 1006 40.00 PO Box 185 Peconic,NY 11958 Dourmas 4/28 Guest Park# 1093 160.00 2990 Manhasset Ave 1094 Greenport,NY 11944 1095 1907 Mary Buoneto 1/28 Guest Park 41056 40.00 203 Toronto Avenue Massapequa,NY 11758-4034 Kevin McElroy 1/27 Guest Park #1054 150.00 765 Maple Lane 1055 Greenport,NY 11944 Guest Trlr# 0002 Southold Town Board Regular Meeting September 8, 2020 page 6 0003 ,"Vote Record-Resolution RES-2020-546 0 Adopted ❑ Adopted as Amended ❑ Defeated - -- - - ----— — - -------- - ------ Yes/Aye No/Nay Abstain ! Absent ❑ Tabled ----- ---; ---- -— - — '---------- ❑ Withdrawn Sarah E Nappa Voter - 0 ❑ ❑ ❑ ❑ Supervisor's Appt James Dmizio Ir Voter D ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ( ❑ ❑ Rescinded Robert Ghosio { Seconder ❑ ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans ; Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell 1 Voter ❑ ❑ ❑ ❑ No Action ❑ Lost 2020-547 CATEGORY.• Fmla DEPARTMENT. Accounting Grant FMLA Leave to a Town Employee RESOLVED that the Town Board of the Town of Southold hereby grants a leave of absence for up to 12 weeks to Employee#5591 effective July 9, 2020 pursuant to the Family Medical Leave Act. ✓Vote Record-Resolution RES-2020-547 0 Adopted ❑ Adopted as Amended ❑ Defeated - — - -- -- ---- -- -------- ------ -- --- Yes/Aye No/Nay Abstain Absent ❑ Tabled - - - - --- --- - - — -- ❑ Withdrawn Sarah E Nappa Voter 0 ❑ ❑ El James Dmizio Jr j Voter 0 El ElEl ❑ Supervisor's Appt ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ I ❑ ❑ Rescinded Robert Ghosio Mover 0 ❑ ❑ ❑ ElTown Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ i ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2020-548 CATEGORY. Legal DEPARTMENT. Town Attorney Csea Soa Southold Town Board Regular Meeting September 8, 2020 page 7 RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the Stipulation of Agreement dated August 21, 2020, between the Town of Southold and the Civil Service Employee Association. Vote,Record=Resolution RES-2020-'M8 - 0 Adopted ❑ Adopted as Amended ❑ Defeated - --- -- — - - --- --- — - -- - 1 es/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Sarah E Nappa Mover D ❑ ❑ j ❑ ❑ Supervisor's Appt James Dmizio Jr Seconder Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter Q ❑ ❑ ❑ ❑ RescindedRobert Ghosio i Voter 121 ❑ ❑ El ❑ Town Clerk's Appt Louisa P Evans Voter ❑ ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter F71 ❑ ❑ ❑ - --- ---- - -- -- - - - — - - ------ ❑ No Action ❑ Lost 2020-549 CATEGORY. Organizational DEPARTMENT. Town Clerk Secretary Agricultural Advisory Committee RESOLVED that the Town Board of the Town of Southold hereby appoints Laura Arena as Secretary of the Agricultural Advisory Committee, effective September 9, 2020 through December 31, 2020 not to exceed five (5)hours per week in addition to her regular 35 hour work week, re ardless of the number of committees she serves. ✓,Vote Record=Resolution RES-'2020-549 0 Adopted ❑ Adopted as Amended ❑ Defeated -----—— --- - - i Yes/Aye No/Nay Abstain j Absent ❑ Tabled ❑ Withdrawn Sarah Nappa Voter D ❑ ❑ ❑ ❑ Supervisor's Appt James Dmizio Jr Mover D ❑ ❑ ( ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder ❑ ❑ I ❑ ❑ Rescinded Robert Ghosio Voter H ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans i Voter D ❑ ❑ i ❑ ❑ Supt Hgwys Appt Scott A Russell i Voter ❑ ❑ ❑ ❑ No Action ❑ Lost 2020-550 CATEGORY. Employment-FIFD DEPARTMENT. Accounting Southold Town Board Regular Meeting September 8, 2020 page 8 Resolution 2020-135 RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves Resolution Number 2020-135 of the Fishers Island Ferry District adopted August 31, 2020 to read as follows: Whereas Diane Hansen has submitted her request to retire with effect the end of business September 8, 2020; and Therefore, it is RESOLVED that the Board of Commissioners of the Fishers Island Ferry District hereby acknowledges Diane K. Hansen'the intent to resign from the position of Secretary of the Fishers Island Ferry District with effect September 8, 2020 and to thank Ms. Hansen for her five and a half years of service to the District. ✓Vote Record-Resolution,RES-2020-550 ' 0 Adopted ❑ Adopted as Amended ❑ Defeated — -- - -- - - ------ Yes/Aye No/Nay Abstain Absent 11 Tabled El Withdrawn Sarah E Nappa I Voter — 0 ❑ ❑ ❑ ❑ Supervisor's Appt James Dmizio Jr F Voter i El ❑ Tax Receiver's Appt Jill Doherty ; Mover 0 ❑ ❑ [11 ❑ Rescinded Robert Ghosio ( Secondee" 0 ❑ ❑ t ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys ApptScott A Russell i Voter 0 El ❑ ❑ No Action ❑ Lost 2020-551 CATEGORY: Ratify Fishers Island Reso. DEPARTMENT: Fishers Island Ferry District FIFD 8/17/20 Meeting Resolution Ratifrcations 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 17, 2020, as follows: FIFD Resolution# Regarding 2020 - 123 Budget Mod ✓Vote Record-Resolution RES-2020-551 0 Adopted Yes/Aye No/Nay Abstain , Absent ❑ Adopted as Amended _--__ _ _ _ ___ ______- ❑ Defeated Sarah E Nappa ; Voter 0 ❑ ❑ ❑ ❑ Tabled lames Dnuzio Ir Voter 0 ❑ ❑ 0 Southold Town Board Regular Meeting September 8, 2020 page 9 ❑ Withdrawn Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio $ Seconder D ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Mover El ❑ ❑ ❑ ❑ Rescinded Scott A Russell j Voter 21 ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2020-552 CATEGORY.- Ratify Fishers Island Reso. DEPARTMENT.• Fishers Island Ferry District FIFD 8/31/20 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 31, 2020, as follows: FIFD Resolution# Regarding 2020 - 128 Budget Mod 2020 - 130 Tax Cap 2020 - 131 Award RP Install 2020 - 132 Award RP Yard 2020 - 133 Airport Grant ✓Vote'Record=RCSolation,RES-2020-552 ' Rl Adopted ❑ Adopted as Amended ❑ Defeated --- —-- - - - - -- -- Yes/Aye No/Nay Abstain Absent ❑ Tabled El Withdrawn Sarah E Nappa Voter D ❑ ❑ j ❑ James Dinizio Jr Voter 121 ❑ ❑ ❑ Supervisor's Appt ❑ ❑ Tax Receiver's Appt Jill Dohertv Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio ; Mover D ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder z ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter El ❑ ❑ ❑ ❑ No Action 0 Lost Southold Town Board Regular Meeting September 8, 2020 page 10 2020-553 CATEGORY.• Close/Use Town Roads DEPARTMENT. Town Clerk Grant Permission to Shoko Mori and Cody DeMarco to Hold Their Wedding September 19, 2020 at Kenney's Beach. RESOLVED that the Town Board of the Town of Southold hereby 14rants permission to Shoko Mori and Cody DeMarco to hold their weddinjZ ceremony at Kenney's Beach on Saturday, September 19, 2020 from 5:30 PM to 6:00 PM and temporary parking for a maximum of 2 vehicles, upon payment of the required $250.00 clean-up deposit and provided they file with the Town Clerk a Two Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured. ✓Vote Record-Resolution RES-2020-553 D Adopted ❑ Adopted as Amended ❑ Defeated — - -- -- -- -- -- -- - —- Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Sarah E Nappa Mover _ ❑ ❑ ❑ ❑ Supervisor's Appt James Dmizio Jr Voter ❑ ❑ ❑ ❑ ElTax Receiver's Appt Jill Doherty Seconder lz ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter lz ❑ ❑ ' ; ❑ — ❑ Town Clerk's Appt Louisa P.Evans Voter C✓I ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter D ❑ ❑ ❑ ❑ No Action ❑ Lost 2020-554 CATEGORY. Refund DEPARTMENT. Town Clerk Refund 2Nd Disposal Permit RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund of$15.00 to the following individual(s) for over payment of a 2nd resident disposal permit. NAME Gasper Lapiana 3045 Rocky Point Road Southold Town Board Regular Meeting September 8, 2020 page 11 East Marion,NY 11939 ✓Vote Record-'Resolu•tion RES-2020-554 Q Adopted ❑ Adopted as Amended ❑ Defeated - - - - --- —-- - - -- ❑ Tabled -- Yes/Aye No/Nay Abstain Absent ---- ------ -�--- --- -- ❑ Withdrawn Sarah E Nappa Voter Q ❑ ❑ ❑ ❑ Supervisor's Appt James Dimzio Jr Mover Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder Q ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter Q ❑ ❑ 3 ❑ ❑ Town Clerk's Appt Louisa P Evans 1 Voter Q ❑ ❑ j ❑ ❑ Supt Hg Appt Scott A Russell ; Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2020-555 CATEGORY• Equipment DEPARTMENT.- Town Clerk Amend 2020-253 Vehicle Transfer RESOLVED that the Town Board of the Town of Southold hereby amends resolution 2020-253, adopted at the August 25, 2020 to read as follows: RESOLVED that the Town Board of the Town of Southold hereby transfers the following Police Department vehicles to The Highway Dep -t.Rent the followings departments, effective immediately: VEHICLE VIN ASSET TRANSFER TO 2014 Ford Expedition 1JFMJUIG56EEF24095 4429 DPW 2006 Dodge Ram 1 D7HU 18N26J 199526 3497 HIGHWAY ✓Vote'Record-Resolution RES-2020-555 Q Adopted ❑ Adopted as Amended ❑ Defeated - - -- ------ -- --- } 3 Yes/Aye No/Nay Abstain Absent ❑ Tabled -- - - - - ❑ Withdrawn Sarah E Nappa Voter Q ❑ ❑ - ❑ James Dmizio Jr j Voter Q El El ❑ ❑ Supervisor's Appt ❑ Tax Receiver's Appt Jill Dohem Mover Q ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder Q El ❑ i ❑ ❑ Town Clerk's Appt Louisa P Evans Voter Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell ; Voter Q ❑ ❑ ❑ ❑ No Action 0 Lost Southold Town Board Regular Meeting September 8, 2020 page 12 2020-556 CATEGORY. Committee Appointment DEPARTMENT. Town Clerk Appointment to Deer Management Task Force RESOLVED the Town Board of the Town of Southold hereby appoints John Wittenberg to the Deer Management Task Force effective September 10, 2019 through March 31, 2020. ✓Vote Record-Resolution RES-2020-556 R1 Adopted ❑ Adopted as Amended ❑ Defeated -- --- ---- - -- ---—- —--- -- - -- Yes/Aye No/Nay Abstain Absent ❑ Tabled - -- ❑ Withdrawn Sarah E Nappa Voter 0 ❑ ❑ ❑ James Dimzio Jr Voter 0 El ❑ ❑ El Supervisor's Appt ElTaxReceiver's Appt Jill Doherty Voter D ❑ ❑ ❑ Rescinded Robert Ghosio Seconder 0 ❑ ❑ ; ❑ ❑ Town Clerk's Appt Louisa P Evans Mover Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ i ❑ ❑ No Action ❑ Lost 2020-557 CATEGORY. Employment- FIFD DEPARTMENT. Accounting ResolUtion 2020-140 RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves Resolution Number 2020-140 of the Fishers Island Ferry District adopted September 4, 2020 to read as follows: WHEREAS the Ferry District requires additional Deckhands (FIFD); Therefore, it is RESOLVED to reinstate, with effect September 10, 2020,John S. Leese,Jr. as a part-time Deckhand (FIFD) at a rate of$13.26 per hour. ✓Vote Record-Resolution RES-2020-557 R1 Adopted 11 Adopted as Amended Yes/Ayes/Aye No/Nay Abstain Absent ❑ Defeated Sarah E Nappa ; Voter ❑ El ❑ Tabled .lames Dmtzio Jr Voter ❑ ❑ ❑ ❑ ❑ Withdrawn lill Doherty i Seconder Rl ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio ( Mover 121 0 0 ❑ Southold Town Board Regular Meeting September 8, 2020 page 13 ❑ Tax Receiver's Appt Louisa P Evans ; Voter 0 ❑ ❑ l ❑ ❑ Rescinded Scott A Russell Voter 0 ❑ ❑ I ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2020-558 CATEGORY.• Landfill Misc. DEPARTMENT. Solid Waste Management District Solid Waste Plan Public Notice RESOLVED by the Town Board of the Town of Southold that the Town's Draft Local Solid Waste Management Plan (LSWMP), which details the how the Town intends to work towards reducing solid waste generation and increasing recycling opportunities for businesses and residents, is ready for public review and comment, and therefore directs the Town Clerk to submit for publication notice of a 45-day comment period on the LSWMP, as required by NYSDEC regulations. V Vote'Record-Resolution RES-2020-558 0 Adopted ❑ Adopted as Amended ❑ Defeated fi Yes/Aye No/Nay Abstain j Absent ❑ Tabled — — - -- —---- ❑ Withdrawn Sarah E Nappa Mover 0 ❑ ❑ ❑ El Supervisor's Appt James Din¢io Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder 0 ❑ ❑ l ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ i ❑ ❑ Supt Hgwys Appt Scott A Russell j Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2020-559 CATEGORY.• Refund DEPARTMENT. Town Clerk Various Clean Up Deposits WHEREAS the following groups have supplied the Town of Southold with a refundable Clean- up Deposit fee, for their events and Southold Town Board Regular Meeting September 8, 2020 page 14 WHEREAS the Southold Town Police Chief, Martin Flatley, has informed the Town Clerk's office that this fee may be refunded, now therefor be it RESOLVED that Town Board of the Town of Southold hereby authorizes a refund be issued in the amount of the deposit made to the following Name Date Received Amount of Deposit American Legion Post 803 8/3/20 250.00 Griswold, Terry, Glover PO Box591 Southold,NY 11971 John Perez 8/17/20 250.00 322 W 52nd Street, #339 New York,NY 10019 Freebird Productions 7/13/20 250.00 7 Main Street, 47A Brooklyn,NY 11201 Dina Gundy & Marcy Lee 8/7/20 250.00 139 W 35th Street, 1 lth Floor New York, NY 10018 ✓Vote Record-Resolution RLS-2020-559 0 Adopted ❑ Adopted as Amended ------- ---- —- ------- ------------ ----------------- --- - - --- ---- Defeated 1 Yes/Aye No/Nay Abstain j Absent ❑ Tabled - - — - - - ❑ Withdrawn Sarah E Nappa Voter 0 ❑ ❑ E ❑ ❑ Supervisor's Appt James Dmizio Jr Mover ❑ ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder 0 ❑ _ ❑ i ❑ ❑ Rescinded Robert Ghosio j Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hewys Appt Scott A Russell ( Voter 0 ❑ ❑ ( ❑ ❑ No Action ❑ Lost - - -- -- - - - - - - - - - 2020-560 CATEGORY.• Budget Modification DEPARTMENT: Highway Department 2020 Bud Modrficatrof7 -Highway Financial Impact: transfer funds Southold Town Board Regular Meeting September 8, 2020 page 15 RESOLVED that the Town Board of the Town of Southold hereby modifies the 2020 Highway Fund Part Town budget as follows: From: DB.5110.1.100.100 General Repairs Regular Earnings $ 50,000.00 DB.5110.4.100.975 Steel 3,000.00 TOTAL $ 53,000.00 To: DB.5110.4.100.915 Cement $ 400.00 DB.5110.4.100.995 Signs & Sign Posts 2,600.00 DB.5140.1.100.100 Brush & Weeds Regular Earnings 50,000.00 TOTAL $ 53,000.00 ✓Vote Record-Resolution RES-2020-560 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ElWithdrawn Sarah E Nappa j Voter ❑ ❑ ❑ ❑ Supervisor's Appt James Dmizio Jr Voter D ❑ Elj ❑ ❑ Tax Receiver's Appt Jill Doherty Mover Q ❑ ❑ { ❑ ❑ Rescinded Robert Ghosio Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ j ❑ ❑ Supt Hgwys Appt Scott A Russell Voter IZI ❑ ❑ t ❑ ❑ No Action ❑ Lost 2020-561 CATEGORY. Contracts, Lease&Agreements DEPARTMENT. Town Attorney SC Aging AAA Transportation Program Financial Impact AAA Transportation Program RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Agreement between the Town of Southold and the Suffolk County Office for the Aging for the Town to receive funding under the AAA Transportation Program, IFMS No. 00000010323 - 001-6806-4980-95294, not to exceed $9,018.00 for the period April 1, 2020 through March 31, 2021, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2020-561 D Adopted i Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Sarah E Nappa 1 Voter Q ❑ ❑ o ❑ Defeated lames Dmizio Jr ; Voter 0 ❑ ❑ ❑ ❑ Tabled Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Withdrawn Robert Ghosio 1 Seconder 0 0 0 0 Southold Town Board Regular Meeting September 8, 2020 page 16 ❑ Supervisor's Appt Louisa P Evans Mover ❑ ❑ ❑ ; ❑ ❑ Tax Receiver's Appt Scott A Russell 4 Voter ❑ ❑ ❑ { ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2020-562 CATEGORY.• Employment-Town DEPARTMENT: Accounting Retirement Resolution for Elected Officials WHEREAS, the State of New York has set additional reporting requirements in Section 315.4 of the New York Codes, Rules and Regulations which requires all elected and appointed officials whose terms start on or after August 12, 2009,who are members of the New York State and Local Retirement System and who do not participate in their employer's time keeping system to prepare a log of their work-related activities for three consecutive months and submit their logs to the clerk or secretary of the governing body within 150 days of the start of their term; NOW THEREFORE, BE IT RESOLVED that the Town Board of the Town of Southold hereby establishes the following as standard workdays for elected and appointed officials and will report the following days worked to the New York State and the Local Employees' Retirement System based on the record of activities maintained and submitted by these officials to the clerk of this body: Title Name Standard Tenn Begins/ Participates in Days/Month(based on Work Ends Employer's Record of Activities) Day Time Keeping (Hrs/day) System Town Board Council Member Jill Doherty 6 1/1/20-12/31/23 N 16.35 days/month Town Trustee A.Nicholas Krupski 6 1/1/20-12/31/23 N 5.68 days/month Town Trustee Glenn Goldsmith 6 1/1/20-12/31/23 N 8.92 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. 1, 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 8th day of September, 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. Southold Town Board Regular Meeting September 8, 2020 page 17 1 further certify that the full board, consists of six (6) members, and the six (6) of such members were present at such meeting and the six(6)of such members vote in favor of the above resolution. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Town of Southold, on this 8"' day of September,2020. SEAL Elizabeth A.Neville Town Clerk Town of Southold -'Vote Record' Resolution RES,2020-562 0 Adopted ❑ Adopted as Amended ❑ Defeated - -- -- ----- --- -- — - - - - El Tabled — Yes/Aye No/Nay Abstain Absent _ ____ ❑ Withdrawn Sarah E Nappa Voter 21 ❑ El 11 ❑ Supervisor's Appt James Dmizio Jr Voter 121 ❑ ❑ ❑ El Tax Receiver's Appt Jill Doherty Seconder Rl ❑ 11 ❑ Rescinded Robert Ghosio j Mover Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans ( Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter ❑ ❑ ❑ ❑ ❑ No Action ❑ Lost 2020-563 CATEGORY. Budget Modification DEPARTMENT.• Accounting 2020 Budget Modification- Capital Financial lhnpact:Establish budget for capital projects WHEREAS the Town Board of the Town of Southold adopted a 2020 Capital Budget, and WHEREAS the Town's Capital Budget process requires a resolution to formally establish Capital Budget items in the Capital Fund, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby authorizes the establishment of the following Capital Projects and amends the 2020 Capital Budget as follows: Capital Project Name: Vehicle-Bay Constables Financing Method: Transfer from General Fund Whole Town Increase Revenues: H.5031.85 Interfund Transfers, Motor Vehicles $30.500 Southold Town Board Regular Meeting September 8, 2020 page 18 Total $30,500 Increase Expenditures: H.3130.2.100.100 Bay Constables, Automobiles $30,500 Total $30,500 Capital Project Name: FI Police Barracks Financing Method: Transfer from General Fund Whole Town Increase Revenues: H.5031.18 Interfund Transfers, Building Improvements $25,000 Total $25,000 Increase Expenditures: H.1620.2.500.825 DPW, Capital Outlay, FI Police Barracks $25,000 Total $25,000 Capital Project Name: Annex Carpet Financing Method: Transfer from General Fund Whole Town Increase Revenues: H.5031.18 Interfund Transfers, Building Improvements $20,000 Total $20,000 Increase Expenditures: H.1620.2.500.175 DPW, Capital Outlay, Annex Carpet $20,000 Total $20,000 Capital Project Name: HRC Vehicle Financing Method: Transfer from General Fund Whole Town Increase Revenues: H.5031.85 Interfund Transfers, Motor Vehicles $25,000 Total $25,000 Increase Expenditures: H.6772.2.300.200 HRC, Equipment, Automobiles $25,000 Total $25,000 ✓Vote Record-Resolution RES-2020-563 0 Adopted -- -— —- ;— — -- --- -� - - Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ____'_ _ _ ❑ Defeated Sarah E Nappa Mover o ❑ o ❑ ❑ Tabled James Dmizio Jr Voter 0 ❑ El ❑ Withdrawn Jill Doherty Voter 10 0 0 0 Southold Town Board Regular Meeting September 8, 2020 page 19 ❑ Supervisor's Appt Robert Ghosio { Seconder 0 ❑ ❑ j ❑ ❑ Tax Receiver's Appt Louisa P Evans 1 Voter 0 ❑ ❑ ; ❑ ❑ Rescinded Scott A Russell 3 Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2020-564 CATEGORY.• Budget Modification DEPARTMENT: Accounting 2020 Budget Modification-Capital(Tarpon Drive Parcels) Financial Impact: Transfer funds for purchase of Tarpon Drive parcels front Suffolk County WHEREAS the Town Board of the Town of Southold authorized the purchase of a parcel from Suffolk County, and WHEREAS the purchase price has increased due to additional County costs, and WHEREAS the Town's Capital Budget process requires a resolution to establish and increase Capital Budget items in the Capital Fund, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby authorizes the increase of the followinjZ capital project and amends the 2020 General Fund Whole Town and Capital BudlZets as follows: Capital Project Name: Property Acquisitions, Tarpon Drive Parcels Financing Method: Transfer from the General Fund Whole Town Fund Budget: Revenues: H.5031.16 Interfund Transfers Property Acquisitions $540 Total $540 Appropriations: H.1620.2.400.600 Property Acquisitions, Tarpon Drive Parcels $540 Total $540 From A.1990.4.100.100 Unallocated Contingencies $540 Total $540 Southold Town Board Regular Meeting September 8, 2020 page 20 To: A.9901.9.000.100 Interfund Transfers, Transfer to Capital $540 Total $540 ✓Vote Record-Resol`ution RES=2020-564 0 Adopted ❑ Adopted as Amended ❑ Defeated - ---- --- -- - — --- ---- I Yes/Aye No/Nay Abstain Absent ❑ Tabled -----— - ❑ Withdrawn Sarah E Nappa Voter 0 ❑ ❑ — ❑ James Dmizio Jr ; Mover 0 ❑ ❑ El Jill Appt _ El Tax Receiver's Appt Jill Doherty i Seconder 0 ❑ El 11 El❑ Rescmded Robert Ghosio j Voter D ❑ ❑ � El Town Clerk's Appt Louisa P.Evans Voter D ❑ ❑ ( ❑ Supt Hgwys Appt Scott A Russell j Voter D ❑ ❑ ❑ ❑ No Action ❑ Lost 2020-565 CATEGORY.• Contracts, Lease&Agreements DEPARTMENT: Trustees 2020 Southold Town Shellfish Program at Cedar Beach Financial Impact:A.8830.4.400.100 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Agreement with Cornell Cooperative Extension in connection with the 2020 Southold Town Shellfish Program at Cedar Beach, in the amount of $20,000.00 for the term January 1, 2020 through December 31, 2020, all in accordance with the approval of the Town Attorney, funded from budget line A.8 83 0.4.400.100. ✓Vote Record-Resolution RES-2020-565 0 Adopted ❑ Adopted as Amended ❑ Defeated ------ ------------ --- ------ -- --- ------------------- - Yes/Aye No/Nay Abstain Absent ❑ Tabled - ---- --------,------------- -----� -------- ❑ Withdrawn Sarah E Nappa Voter 0 ❑ ❑ f ❑ El Supervisor's Appt James Dinizio Jr i Voter D ❑ Els [I ❑ Tax Receiver's Appt Jill Doherty ; Mover 0 ❑ ❑ ❑ ❑ Rescmded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans : Seconder 0 j ❑ ❑ i ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ I ❑ ❑ No Action 0 Lost Southold Town Board Regular Meeting September 8, 2020 page 21 2020-566 CATEGORY. Bid Acceptance DEPARTMENT.- Highway Department Accept Bid for Pay Loader Axle Financial Impact:DB.5130.4.100.500 RESOLVED that the Town Board of the Town hereby accepts the bid of George and Swede Sales & Service, Inc., 7155 Big Tree Road, Pavilion,NY 14525 for a Hyundai Pay loader axle for the Southold Highway Department in the amount of$15,750.00, all in accordance with the Town Attorneys office. Vote Record-R esolution`RES--2020 566• R1 Adopted ❑ Adopted as Amended ❑ Defeated -- —-— - — - - - - - ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn Sarah E Nappa Voter ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr ? Voter 121 El ❑ 11 Tax Receiver's Appt Jill Doherty j Voter 0 El j El ❑ Rescinded Robert Ghosio j Seconder 21 ❑ ❑ ( ❑ ❑ Town Clerk's Appt Louisa P Evans j Mover z ❑ ❑ f ❑ ❑ Supt Hgwys Appt Scott A Russell j Voter 0 ❑ ❑ i ❑ ❑ No Action ❑ Lost 2020-567 CATEGORY: Committee Appointment DEPARTMENT. Town Clerk Appointment to Historic Preservation Commission RESOLVED that the Town Board of the Town of Southold hereby appoints Meryl Kramer to the position of Member of the Southold Town Historic Preservation Commission, effective immediately, term to expire on March 31 2021 ✓Vote Record-ReSOlutlon`RES-2020-567', ; 21 Adopted ❑ Adopted as Amended ❑ Defeated j Yes/Aye No/Nay Abstain } Absent ❑ Tabled Sarah E Nappa I Voter D ❑ ❑ ❑ _ ❑ Withdrawn James Dmizio Jr i Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty ; Seconder D ❑ ❑ i ❑ ❑ Tax Receiver's Appt Robert Ghosio Mover 121 ❑ ❑ ❑ ❑ Rescinded Louisa P Evans i Voter M ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A Russell Voter 10 ❑ ❑ ❑ ❑ Supt Hgwys Appt 0 No Action Southold Town Board Regular Meeting September 8, 2020 page 22 ❑ Lost 2020-568 CATEGORY.• Contracts, Lease&Agreements DEPARTMENT. Town Attorney GT Power Systems Agreement Financial Impact: Generator installation 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 GT Power Systems Corp., for generator installation at the Human Resources Center pursuant to the terms and conditions of the accepted contract#GEATS-061015 with the County of Suffolk, bid opened March 25, 2015 and contracted through October 9, 2020, and extended to the Town of Southold pursuant to §103(16) of the General Municipal Law, subject to the approval of the Town Attorney. -'.Vote'Record-Resolution RES-2020-568 . Q Adopted ❑ Adopted as Amended ❑ Defeated - — - — -- — Yes/Aye No/Nay Abstain Absent ❑ Tabled ------ 0 --❑ Withdrawn Sarah E Nappa Mover Q ❑ ❑ ❑ ❑ Supervisor's Appt lames Duuzio Jr j Voter Q El El ❑ Tax Receiver's Appt Jill Doherty ; Voter Q ❑ ❑ ❑ � ❑ Reseeded Robert Ghosio Seconder Q ❑ El ❑ Town Clerk's Appt Louisa P Evans Voter Q El 11 ( ❑ ❑ Supt Hgwys ApptScott A Russell Voter Q ❑ Elj ❑ ❑ No Action ❑ Lost 2020-569 CATEGORY.• Committee Appointment DEPARTMENT: Town Clerk Land Preservation Committee Appointments RESOLVED that the Town Board of the Town of Southold hereby appoints the following individuals as Members of the Land Preservation Committee effective immediately, terms to expire 3/31/2023: Anne Murray Doris McGreevy Southold Town Board Regular Meeting September 8, 2020 page 23 Kim Kru ski ✓`V?i to Record`Resolutidn RES=2020=569:- _ 0 Adopted ❑ Adopted as Amended ❑ Defeated - -- --— -- - --- -- -- - - --- Yes/Aye No/Nay Abstain Absent ❑ Tabled ---—-- - - — - —-- ❑ Withdrawn Sarah E Nappa j Voter 0 ❑ ❑ ❑ El Supervisor's Appt James Dmizio Jr Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty j Seconder 0 ❑ ❑ j ❑ ❑ Rescinded Robert Ghosio ( Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans j Voter -0 ❑ ❑ 1 ❑ ❑ Supt Hgwys Appt Scott A Russell j Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2020-570 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney PH 10/20 7:30 PMNF Community Club LLC/Change of Zone WHEREAS,the Town Board has received an application to amend the Zoning Map of the Town of Southold by changing the Zoning District designation of SCTM#1000-102-2-5 from Residential Low-Density (R-80)to Affordable Housing District (AHD); and WHEREAS,the Town Board of the Town of Southold referred said Application to the Planning Board for review and recommendations; and WHEREAS, the Planning Board conducted a review of said Application and issued a Memorandum dated July 29, 2020, supporting this Application; and WHEREAS,the Local Law is entitled "A Local Law to Amend the Zoning Map of the Town of Southold by Changing the Zoning District Designation of SCTM #1000-102-2-5 from Residential Low-Density (R-80) to Affordable Housing District (AHD) NOW, THEREFORE,BE IT RESOLVED that the Town Board of the Town of Southold is considering the change of zone of said parcel known as SCTM #1000-102-2-5; and it is further RESOLVED that the Town Board of the Town of Southold establishes itself as lead agency; and it is further Southold Town Board Regular Meeting September 8, 2020 page 24 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 it is further RESOLVED that the Town Clerk of the Town of Southold is directed to forward the matter to the Suffolk County Planning Commission for a report and recommendations; and it is 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 the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the 20" day of October,2020 at 7:00 p.m. The purpose of this Local Law is to change the Zoning District Designation of SCTM #1000-102-2-5 from Residential Low-Density (R-80) to Affordable Housing District (AHD). The petitioner for this request is North Fork Community Club LLC n/k/a 2050 Depot Lane, LLC. The property is approximately 2.08 acres (90,804 sq. ft.) and is located at 2050 Depot Lane, Cutchogue,New York. ,,'Vote Record-Resolution RES-2020-570 El Adopted ❑ Adopted as Amended ❑ Defeated --- - - --- ----- -- — - -- - - - - - - Yes/Aye No/Nay Abstain Absent ❑ Tabled - — ----- -- - - — --- - ❑ Withdrawn - Sarah E Nappa Voter 2 ❑ Eli El � -- — - ❑ Supervisor's Appt James Dmizio Jr Voter 2 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover Id ❑ ❑ ❑ ❑ Rescinded Robert Ghosio 1 Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter D ❑ ❑ i ❑ ❑ Supt Hgwys Appt Scott A Russell Voter ❑ ❑ I ❑ ❑ No Action ❑ Lost 2020-571 CATEGORY: Seqra DEPARTMENT: Town Attorney SEQRA Eminent Domain WHEREAS, the Town Board of the Town of Southold has initiated an eminent domain proceeding, which would result in the acquisition of the property situated at 12500 Main Road, Northeast Corner of Main Road (SR 25) and New Suffolk Avenue Mattituck, Town of Southold (SCTM No. 1000 Section 114 block 11, lot 17) for the purpose of a public park; and WHEREAS, the acquisition of the property situated at 12500 Main Road, Northeast Corner of Main Road (SR 25) and New Suffolk Avenue Mattituck, Town of Southold (SCTM No. 1000 Section 114 block 11, lot 17) would afford the residents of Mattituck and Southold at large, the opportunity to create a "Village Green" or other community gathering place in a Southold Town Board Regular Meeting September 8, 2020 page 25 prominent location on Main Road, within the Mattituck Hamlet Center and close to the Love Lane Corridor; and WHEREAS, the development of the "Village Green"requires the acquisition of the 1.75 acre wooded which will remain undeveloped. NOW, THEREFORE,BE IT RESOLVED that the Town Board, pursuant to SEQRA, hereby makes a determination that pursuant to 6 NYCRR Part 617.5C(39), the proposed action is a Type II Action and, therefore, not subject to SEQRA review. ✓;,Vote Record-Resolution R1CS72020-571 0 Adopted ❑ Adopted as Amended ❑ Defeated ------------- 0 Tabled Yes/Aye No/Nay —Abstain Absent ❑ Withdrawn Sarah E Nappa i Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt James Dmizio Jr Voter ❑ ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder 0 ❑ 11 11 ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost Summary regarding resolution 572 TOWN ATTORNEY DUFFY: The resolution before the Board this afternoon proposes the adoption o f a Findings and Determination statement with regard to the acquisition of property situated at 12500 Main Road, northeast corner of Main Road and New Suffolk Avenue, Mattituck, Town of Southold. Suffolk County tax map#1000-114-11-17, if adopted the findings and determinations would establish that a creation of a public park (inaudible) a public purpose. The resolution would further direct that the findings be published in accordance with the applicable law and for the Town Attorney to file an acquisition map with Suffolk County (inaudible) the acquisition of the property. The full text of the findings and determination are available for review at the Town Clerk's office and on the town website. 2020-572 CATEGORY. Legal - DEPARTMENT. Town Attorney Eminent Domain Findings &Determination WHEREAS, upon due notice, at the Town Hall on August 11, 2020, the Town Board of the Town of Southold held a public hearing pursuant of Article 2 of the Eminent Domain Procedure Law with respect to the proposed acquisition of the property situated at 12500 Main Road,Northeast Corner of Main Road (SR 25) and New Suffolk Avenue, Mattituck, Town of Southold (SCTM No. 1000 Section 114 block 11, lot 17), to inform the public and to review the Southold Town Board Regular Meeting September 8, 2020 page 26 use to be served by the acquisition and to review the impact of the acquisition on the community. WHEREAS, the property is further described and set forth in an acquisition map dated August 2, 2020, drawn by Nathan Taft Corwin III Surveyor and same was entered into the hearing record. WHEREAS, the Town Board heard a presentation by John J. Burke, Assistant Town Attorney with testimony from Mark Terry, Assistant Town Planning Director. NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Southold, in Suffolk County,New York, accepts and adopts the testimony submitted at the hearing and makes the following Findings and Determination: Findinl4s and Determination 1. The public project proposed at 12500 Main Road,Northeast Corner of Main Road (SR 25) and New Suffolk Avenue Mattituck, Town of Southold (SCTM No. 1000 Section 114 block 11, lot 17) will be for the public purpose of creating a park or "Village Green" at this location. The acquisition will benefit the public, in that, it will afford the residents of Mattituck and Southold at large the opportunity to create a "Village Green" or other community gathering place in a prominent location on Main Road, within the Mattituck Hamlet Center and close to the Love Lane Corridor, an asset not currently existing in the Hamlet and called for by both Draft Town Comprehensive Plan and prior land use studies of the hamlet. 2. The proposed approximate location of the public project and reasons for the selection of that location are: a. The approximate location of the property to be acquired is the 1.75 acre undeveloped lot at 12500 Main Road,Northeast Corner of Main Road (SR 25) and New Suffolk Avenue Mattituck, Town of Southold (SCTM No. 1000 Section 114 block 11, lot 17); b. This location was selected for acquisition because of its condition as an undeveloped lot and its prominent location on Main Road, within the Mattituck Hamlet Center and close to the Love Lane Corridor. I The public project will have the following general effect on the environment and the residents of the location: a. The proposed acquisition will allow the opportunity for the development of a"Village Green" or other community gathering place in a prominent location on Main Road, within the Mattituck Hamlet Center and close to the Love Lane Corridor, for the use of the general public, an asset not currently existing in the Hamlet and called for by both Draft Town Comprehensive Plan and prior land use studies of the hamlet. b. The preservation of this undeveloped property as a public park will have a minimal environmental impact. 4. The public project has been determined by the Town Board of the Town of Southold to be a Type 2 Action under the New York State Environmental Quality Review Act. Southold Town Board Regular Meeting September 8, 2020 page 27 5. On September 8, 2020, the Town Board of the Town of Southold adopted a determination that the public project would not have a significant impact on the environment, and be it further RESOLVED, for all the reasons stated in this document and the testimony presented at the public hearing, the Town Board hereby determines that it is in the best interests of the residents of Southold that the Town acquire the property at 12500 Main Road,Northeast Corner of Main Road (SR 25) and New Suffolk Avenue Mattituck, Town of Southold (SCTM No. 1000 Section 114 block 11, lot 17)through eminent domain, and be it further RESOLVED,the Town Attorney is hereby directed to have the acquisition map for the property'at 12500 Main Road,Northeast Corner of Main Road (SR 25) and New Suffolk Avenue Mattituck, Town of Southold (SCTM No. 1000 Section 114 block 11, lot 17) filed in the Suffolk County Clerk's Office, and be it further RESOLVED,that the Town Clerk is hereby directed to have the annexed Synopsis of these Findings and Determination to be served either by personal service or certified mail,return receipt requested, upon the record billing owner or his or her attorney of record, and be it further RESOLVED,that the Town Clerk is hereby directed to have the annexed Synopsis of these Findings and Determination to be published in five successive issues of NEWSDAY, a newspaper of general circulation in the Town of Southold and in at least two successive issues of the SUFFOLK TIMES an official newspaper designated as such in the Town of Southold, Suffolk County, and be it further RESOLVED, that the Supervisor is authorized and directed to execute any documents and to pay any and all reasonable appraisal, survey, title,prorated tax and recording charges as may be necessary to effect the condemnation. ATTENTION: UNDER SECTION 207 OF THE EMINENT DOMAIN PROCEDURE LAW, THERE ARE THIRTY (30) DAYS FROM THE COMPLETION OF THE CONDEMNOR'S NEWSPAPER PUBLICATION REQUIREMENT TO SEEK JUDICIAL REVIEW OF THE CONDEMNOR'S FINDINGS AND DETERMINATION AND BE FURTHER ADVISED UNDER SECTIONS 207 AND 208 OF THE EMINENT DOMAIN PROCEDURE LAW, THE EXCLUSIVE VENUE FOR JUDICIAL REVIEW OF THE CONDEMNOR'S FINDINGS AND DETERMINATION IS THE APPELLATE DIVISION OF THE SUPREME COURT IN THE JUDICIAL DEPARTMENT WHERE ANY PART OF THE PROPERTY TO BE CONDEMNED IS LOCATED. COPIES OF THE COMPLETE FINDINGS AND DETERMINATION ARE AVAILABLE AT THE TOWN CLERK'S OFFICE OR AT THE TOWN'S WEBSITE WWW.SOUTHOLDTOWNNY.GOV<http://WWW.SOUTHOLDTOWNNY.GOV> AND WILL BE FORWARDED UPON WRITTEN REQUEST WITHOUT COST. SEND REQUESTS TO SOUTHOLD TOWN CLERK TOWN HALL 53095,ROUTE 25,P.O. BOX 1179, SOUTHOLD,NY 11971. Southold Town Board Regular Meeting September 8, 2020 page 28 PUBLIC NOTICE SYNOPSIS OF FINDINGS AND DETERMINATION Please take notice that on September 8, 2020, the Town Board of the Town of Southold determined that it is in the best interests of the residents of Southold that the Town acquire the property at 12500 Main Road,Northeast Corner of Main Road (SR 25) and New Suffolk Avenue Mattituck, Town of Southold (SCTM No. 1000 Section 114 Block 11, Lot 17) through eminent domain and made the following findings with respect to the acquisition. 1. The acquisition will benefit the public, in that, the acquisition of the property situated at 12500 Main Road, Northeast Corner of Main Road (SR 25) and New Suffolk Avenue Mattituck, Town of Southold (SCTM No. 1000 Section 114 Block 11, Lot 17) would afford the residents of Mattituck and Southold at large the opportunity to create a "Village Green" or other community gathering place in a prominent location on Main Road, within the Mattituck Hamlet Center and close to the Love Lane Corridor, an asset not currently existing in the Hamlet and called for by both Draft Town Comprehensive Plan and prior land use studies of the hamlet. 2. The acquisition will be for the purpose of creating such a "Village Green" at this location. 3. The proposed approximate location of the property to be acquired and reasons for the selection of that location are: a. The approximate location of the property to be acquired is the 1.75 acre undeveloped lot at 12500 Main Road, Northeast Corner of Main Road (SR 25) and New Suffolk Avenue Mattituck, Town of Southold (SCTM No. 1000 Section 114 Block 11, Lot 17); b. This location was selected for acquisition because of its condition as an undeveloped lot and its prominent location on Main Road, within the Mattituck Hamlet Center and close to the Love Lane Corridor. 4. The proposed acquisition will have the following general effect on the environment and the residents of the location: a. The proposed acquisition will allow the opportunity for the development of a"Village Green" or other community gathering place in a prominent location on Main Road, within the Mattituck Hamlet Center and close to the Love Lane Corridor, for the use of the general public, an asset not currently existing in the Hamlet and called for by both Draft Town Comprehensive Plan and prior land use studies of the hamlet. b. The preservation of this undeveloped property as a public park will have minimal environmental impact. 5. The acquisition has been determined by the Town Board of the Town of Southold to be a Type 2 Action under the New York State Environmental Quality Review Act. 6. On September 8, 2020, the Town Board of the Town of Southold adopted a determination that the acquisition would not have a significant impact on the environment. ATTENTION: UNDER SECTION 207 OF THE EMINENT DOMAIN PROCEDURE LAW, THERE ARE THIRTY (30) DAYS FROM THE COMPLETION OF PUBLICATION OF THE CONDEMNOR'S NEWSPAPER PUBLICATION REQUIREMENT TO SEEK JUDICIAL REVIEW OF THE CONDEMNOR'S FINDINGS AND DETERMINATION AND BE FURTHER ADVISED UNDER SECTIONS 207 AND 208 OF THE EMINENT DOMAIN PROCEDURE LAW, THE EXCLUSIVE VENUE Southold Town Board Regular Meeting September 8, 2020 page 29 FOR JUDICIAL REVIEW OF THE CONDEMNOR'S FINDINGS AND DETERMINATION IS THE APPELLATE DIVISION OF THE SUPREME COURT IN THE JUDICIAL DEPARTMENT WHERE ANY PART OF THE PROPERTY TO BE CONDEMNED IS LOCATED. COPIES OF THE COMPLETE FINDINGS AND DETERMINATION ARE AVAILABLE AT THE TOWN CLERK'S OFFICE OR AT THE TOWN'S WEBSITE WWW.SOUTHOLDTOWNNY.GOV <http://WWW.SOUTHOLDTOWNNY.GOV>AND WILL BE FORWARDED UPON WRITTEN REQUEST WITHOUT COST. SEND REQUESTS TO SOUTHOLD TOWN CLERK TOWN HALL 53095, ROUTE 25, P.O. BOX 1179, SOUTHOLD, NY 11971. Vote Record-Resolution RES-2020-572 r 21 Adopted ❑ Adopted as Amended ❑ Defeated - -- --- -- -- - - --- — -- - - ❑ Tabled - Yes/Aye No/Nay Abstain 1 Absent ❑ Withdrawn Sarah E Nappa Voter ❑ D ❑ ❑ ❑ Supervisor's Appt James Dmizio Jr Voter ❑ Q ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder Rl ❑ ❑ El Robert Ghosio Mover D El 110 Rescinded ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter ❑ ❑ ❑ j ❑ ❑ No Action ❑ Lost Councilman Dinizlo COUNCILMAN DINIZIO: I have a statement I would like to read, I object to the use of eminent domain at this time because the Town had plenty of time to make a positive move towards bringing the wishes of the community to reality. The 2005 hamlet study and the 2011 Mattituck corridor study both stated as a goal that a green space was to be created at this location. Even today, in the latest iteration of the comp plan, this parcel still has all of the uses granted by HD zoning that it has had for many years. And only a goal for the use as a park. A suggestion that the property was not for sale and therefore not available to satisfy the wishes of the community is not a valid option, in my opinion because the time to use such draconian measures as eminent domain was when the property was not for sale. this property sat idle for years in the hands of an owner that did not have a plan for its use and the town did little to ensure that the wishes of the community as suggested in the 2005 hamlet study and 2011 corridor study and even the current update master plan are carried out. I believe strongly in our code, that our code is the guiding document for all zoning issues in our town and that when someone applies for the legal use of their property, they should be confident that the town will stand by it. Therefore I vote no. Councilwoman Doherty COUNCILWOMAN DOHERTY: I think the way this all happened throughout the timeframe of us discussing all this and a few things Jim just mentioned and the debacle starting with the bank and the way they sold it, I believe that this was the way for us to go so therefore, I vote yes. Southold Town Board Regular Meeting September 8, 2020 page 30 2020-573 CATEGORY: Legal DEPARTMENT: Town Attorney Adopt Comprehensive Plan WHEREAS, pursuant to New York Town Law § 272-a (4), the Town Board directed the Planning Board to prepare a Draft Comprehensive Plan, and WHEREAS, on July 29, 2019, the Southold Town Planning Board held their public hearing after completing a draft of the Southold Town Comprehensive Plan; and WHEREAS, the Planning Board adopted a resolution on July 20, 2020, recommending adoption of the Southold Town Comprehensive Plan Volumes I and II, dated February, 2020, and WHEREAS, on August 5, 2020, the Southold Town Comprehensive Plan was referred to the Suffolk County Planning Commission for review and approval; and WHEREAS, on August 25, 2020,the Town Board held a public hearing on the Comprehensive Plan at which time all interested persons were given an opportunity to be heard, and WHEREAS, on August 25, 2020, the Town Board, as Lead Agency pursuant to SEQRA, made a determination of non-significance for the proposed Type I action and granted a Negative Declaration; and WHEREAS, on August 25, 2020, the Town Board found this application consistent with the policies of the LWRP; and WHEREAS, on September 2, 2020 the Suffolk County Planning Commission, pursuant to Section 239-m (6) approved the adoption of the Southold Town Comprehensive Plan Volumes I and lI, dated February, 2020,Now therefore be it RESOLVED, that the Town Board of the Town of Southold hereby adopts the Southold Town Comprehensive Plan Volumes I and 11, dated February, 2020. ✓Vote Record-Resolution RES-2020-573 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ____ . . __ ❑ Withdrawn Sarah E Nappa ? Mover Iz ❑ ❑ j ❑ ,lames Duuzio Jr i Voter 2 11 El ❑ El Supervisor's Appt ❑ Tax Receiver's Appt Jill Doherty ; Seconder 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter - 21 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter D ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter ❑ ❑ ❑ ❑ No Action 0 Lost Southold Town Board Regular Meeting September 8, 2020 page 31 Motion To: Motion to recess to Public Hearing RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed at 5:15PM in order to hold public hearings. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Nappa, Dinizio Jr, Doherty, Ghosio, Evans, Russell Councilwoman Doherty COUNCILWOMAN DOHERTY: Do we want to vote on resolutions for both? SUPERVISOR RUSSELL: There has been no opposition but for the federal government, we can take action. 2020-574 CATEGORY: Enact Local Law DEPARTMENT.• Town Clerk Enact LL Chapter 51 WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 11" day of August,2020, a Local Law entitled "A Local Law in relation to an Amendment to Chapter 51, Police Department in connection with the establishment of a Board of Police Commissioners." and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard. Now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to an Amendment to Chapter 51,Police Department in connection with the establishment of a Board of Police Commissioners." reads as follows: LOCAL LAW NO. 6 of 2020 A Local Law entitled, `A Local Law in relation to an Amendment to Chapter 51, Police Department in connection with the establishment of a Board of Police Commissioners." BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. Purpose. Southold Town Board Regular Meeting September 8, 2020 page 32 The purpose of this local law is to provide proper support and oversight of the operations of the police department. II. Chapter 51-2 of the Code of the Town of Southold is hereby amended as follows: § 51-2 Board of Police Commissioners. A. The Town Board of the Town of Southold has determined that in order to provide proper support and oversight of the operations of the police department it is necessar t�persede the provisions of Town Law section 150 (2) pursuant to the Municipal Home Rule Law of the State of New York. at time ^luti^ establish a Bo rd ofPolina Genunissioner-s for-the Toyai and 3r three Police Gammissioner-s, who shall, the time of their-appoint—e-i -..d [I-eughout their-tenn of effiee be owners of reeor-d of real V.—1—V fflfid eleeter-s of the Town, and w-he shall serve without compeiisation and at the ,.,,„ Board. if the Town Board shall appoint enly one such PoliCommissioner- o 7 it shall, in addition, designate two members of the Tom%Board to serve as mem>,er-s of sue1, Police Commission. B. The Town Board hereby establishes a board of Police Commissioners and that each member of the Town Board shall be designated a Commissioner of said Board of Commissioners and , when so designated, sueh Supervisor- shall have all the powers of and perform the duties of such Board of Police Commissioners. G. When either- of sueh Boards of Poliee Gommissioner-s shall have been established of the Superr-`v'z'•sor--designated as Polie '�r�l�J� o ,�r� such Board of Pori_ee Giifflissroner, yr matters- conferred,pen the T.,.,.,, Board by this i.hapter D. The Town Bear-d > by resolution, designation at an), time abolish sueh Poliee Gemmissioflthe only shall o e the powefs n f Ffed upon :t by this ehapt�,- III. SEVERABILITY If any clause, sentence,paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ✓Vote Record-Resolution RCS-2020-574 2 Adopted Yes/Ave No/Nay Abstain j Absent ❑ Adopted as Amended Sarah E Nappa Voter D El E] El❑ Defeated 0 Tabled James Dmizio Jr Voter 0 ❑ ❑ j 0 Southold Town Board Regular Meeting September 8, 2020 page 33 ❑ Withdrawn Jill Doherty ! Seconder 0 ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio �� Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Voter 0 ❑ ❑ ', 0 ❑ Rescinded Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2020-575 CATEGORY.• Enact Local Law DEPARTMENT. Town Attorney Enact LL Change of Zone 15-9-9 WHEREAS on October 22, 2019 the Town Board of the Town of Southold adopted the Marine III Zoning District (M-III); and WHEREAS the purpose of the Marine III (MIII) District is to provide a waterfront location in the portion of the Town located on Long Island for ferry service to and from Plum Island; and WHEREAS the primary access to and from Long Island to Plum Island is currently provided by a ferry operated by the federal government on a 9.Os acre parcel located in Orient Point and identified on the Suffolk county Tax map as parcel # 1000-15.-9-9; and WHEREAS the federal government, which currently owns Plum Island, has announced its intention to close the research facility on Plum Island and eventually sell the island; and WHEREAS the Town Board has previously requested the Planning Board to prepare a report and recommendations on the rezoning; and WHEREAS the Planning Board in a memorandum dated March 6, 2020 recommended that the zoning of the aforementioned parcel be changed from M-1I to M-III, and WHEREAS the Town Board of the Town of Southold has considered the change of zone of this parcel of property from M-II to M-III, and WHEREAS that pursuant to the requirements of NYS Town Law and the Code of the Town of Southold, Suffolk County,New York, the Town Board of the Town of Southold held a public hearing on a proposed Local Law entitled "A Local Law to amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of SCTM 1000-15.-9-9 from Marine II to Marine III" at which time all interested parties were heard, no therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Southold Town Board Regular Meeting September 8, 2020 page 34 Law entitled A Local Law to amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of SCTM 1000-15.-9-9 from Marine II to Marine III". ✓Vote Record-Resolution RES-2020-575 ` 0 Adopted ❑ Adopted as Amended ❑ Defeated — Yes/Aye No/Nay Abstain Absent ❑ Tabled - - -- - ❑ Withdrawn Sarah E Nappa Voter 0 11 ❑ El El Supervisor's Appt lames Dmizio Jr 1 Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty { Mover 0 ❑ ❑ ❑ El Rescinded Robert Ghosio Seconder El ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans i Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell j Voter 0 ❑ ❑ ' ❑ ❑ No Action ❑ Lost VI. Public Hearings 1. PH 9/8 4:30 Pm LL Chapter 51 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 11th day of August , 2020, a Local Law entitled "A Local Law in relation to an Amendment to Chapter 51, Police Department in connection with the establishment of a Board of Police Commissioners." 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 8th day of September, 2020 at 4:30 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 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 September 8, 2020 page 35 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 51, Police Department in connection with the establishment of a Board of Police Commissioners." reads as follows: LOCAL LAW NO. 2020 A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 51, Police Department in connection with the establishment of a Board of Police Commissioners." BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The purpose of this local law is to provide proper support and oversight of the operations of the police department. II. Chapter 51-2 of the Code of the Town of Southold is hereby amended as follows: § 51-2 Board of Police Commissioners. A. The Town Board of the Town of Southold has determined that in order to provide proper support and oversight of the operations of the police department it is necessary to supersede the provisions of Town Law section 150 (2) pursuant to the Municipal Home Rule Law of the State of New York. at any time by r-esolution, may establish ., Roam of Poliee Commissioners for-the Town and appoint one of thfee Pefiee Gommissioner-s, w-he shall, the-time of their-appointment and!4-oughout their-tefffl of effiee be owner-s of reeor-d effe.—Al- aid eleeter-s of the Tovffi, and who shall ser-ve without eempensation and at the �L pleasure of the Town Board. if the Town Board shall appoint only one such Poliee shall,Commissioner, it in additioii, designate iwo members of the Town Board to seEve as members of sueh Poliee Commission. B. The Town Board hereby establishes a board of Police Commissioners and that each member of the Town Board shall be designated a Commissioner of said Board of Commissioners and , when so designated, sueh Superviso shall have all the powers of and perform the duties of such Board of Police Commissioners. Southold Town Board Regular Meeting September 8, 2020 page 36 D. The Town Board may, by resolution, at any time abolish sueh Police Commission or r-evek-e the designation of such Super-visor-as Police Commissioner-and thereupon the Town Bear-d- n 1 shall e the powers of ed upen :t by this chapta� 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 in the Suffolk Times and on the Town Clerk's bulletin board and on the town website. SUPERVISOR RUSSELL: Would anybody like to address the Town Board on this particular public hearing? MODERATOR: We do have a hand raised. There is a call in participant, I am going to send a command to unmute you phone. (No response) Okay, we will see if we can come back to that person in a moment. We have another hand raised. Anne? ANNE MURRAY: Thank you, Anne Murray here from East Marion. I am curious why you have this resolution, I thougth that the Town Board did act as commissioners for the Police Department. Can you explain? SUPERVISOR RUSSELL: Actually, historically, the Town Board had acted as commissioners in 2003 I believe. the Town Board at the time appointed Supervisor Horton to the position of sole Police Commissioner. After I took office, I did not find that to be a good idea, so we rebooted the entire town Board to serve as Commissioners, however, a formal action was never taken. This merely is a housekeeping measure to make sure we had followed all the protocol involved in operating in a manner that we have already been operating for several years. MS. MURRAY: Okay, thank you. COUNCILMAN DINIZIO: Can I also say, we also set up procedures that will allow the Supervisor to communicate between the Chief and the Town Board, so there is a formal procedure, he has to require a report from the Chief and submit it to us every month. MS. MURRAY: Okay, so you have put in place some new procedures? COUNCILMAN DINIZIO: Yes. MS. MURRAY: Are those publicly accessible? Southold Town Board Regular Meeting September 8, 2020 page 37 COUNCILMAN DINIZIO: Yes, I believe they are on the, they'll be on the, if they are not, they are already on the website. We were presented with the first report last month at the last meeting. MS. MURRAY: Okay,thank you. COUNCILMAN DINIZIO: You're welcome. And I can help you if you need to find them. MS. MURRAY: Great. Thanks Jim. MODERATOR: Okay,phone number ending in 553, I am sending you a command to unmute your phone and also press *6. JACK SLATTERY: Hi,this is Jack Slattery. Supervisor Russell and members of the Town Board. My remarks today are on behalf of the towns Police Advisory Committee. Let me impact that a bit in terms of the committee's charter. Our purpose as a committee is to advise the Town Board on matters pertaining to the Police Department, although we work collaboratively with the department, it is the Town Board that sets our agenda, in effect the Town Board is our primary customer. It is in that context that the committee supports this local law as we believe that it will address a question that has been on the table going back over several prior administrations. More importantly, your action today sets the stage for a new and improved oversight process that was just discussed, that we recommended and you have adopted. As you know, the foundation of that process is a monthly police commissioners meeting focused on comprehensive meeting guide. That guide lays out specific agenda topics for those meetings. Topics include crime statistics,manpower and head count, civilian complaints, budget issues and accreditation. The meeting guide includes accreditation because our police department is currently going through that process, afforded by the manpower and financial resources that you have previously allocated. Accreditation is important because the process will surely uncover some of our warts and ultimately put our police department in lock step with the state's department of criminal justice and its 109 standards. We believe that the accreditation process and its inherent best practices is also responsive to many of the points included in the recent proposal for a Southold Community Joint Justice Review and Reform Task Force. We look forward to working with that Task Force once it is populated and launched. In summary, you have devoted much time and effort over the past four years to exploring those subjects with us and today you are taking an important formal step that will lead to greater transparency and improved oversight. We want to thank you for your patience and open mindedness as we explored these opportunities together. Thank you. COUNCILMAN DINIZIO: Thank you Jack. SUPERVISOR RUSSELL: Would anyone else like to address the Town Board on this public hearing? (No response) This public hearing was declared closed at 5:23 PM Southold Town Board Regular Meeting September 8, 2020 page 38 RESULT: CLOSED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER:Robert Ghosio, Councilman AYES: Nappa, Dinizio Jr, Doherty, Ghosio, Evans, Russell 2. PH 9/8 4:30 Pm Change of Zone 15-9-9 COUNCILMAN GHOSIO: WHEREAS the purpose of the Marine III (MIII) District is to provide a waterfront location in the portion of the Town located on Long Island for ferry service to and from Plum Island; and WHEREAS the primary access to and from Long Island to Plum Island is currently provided by a ferry operated by the federal government on a 9.Os acre parcel located in Orient Point and identified on the Suffolk county Tax map as parcel # 1000-15.-9-9; and WHEREAS the federal government, which currently owns Plum Island, has announced its intention to close the research facility on Plum Island and eventually sell the island; and WHEREAS the Town Board has previously requested the Planning Board to prepare a report and recommendations on the rezoning; and WHEREAS the Planning Board in a memorandum dated March 6, 2020 recommended that the zoning of the aforementioned parcel be changed from M-II to M-III, and NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold is considering the change of zone of this parcel of property from M-II to M-III and NOTICE IS HEREBY FURTHER GIVEN that the Town Clerk forward the matter to the Suffolk County Planning Commission for review and recommendation and NOTICE IS HEREBY FURTHER GIVEN that pursuant to the requirements of NYS Town Law and the cod of the Town of Southold, Suffolk County,New York, the Town Board of the Town of Southold will hold a public hearing on a proposed Local Law entitled "A Local Law to amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of SCTM 1000-15.9-9 from Marine II to Marine III"at the Southold Town Hall, 53095 Main Road, Southold,New York at 4:30PM, Tuesday, September 8, 2020. We have here a signed notarized affidavit that this hearing was advertised by the Town Clerk on the Town Clerk's bulletin board, also on the town website. And also a signed affidavit that this was in the Suffolk Times. There was a notification to the property owner, it was sent to John Kelly, the director of property disposal division US general services administration. I also have a memorandum from the Planning Board. There are a couple of recommendations here (inaudible). There is a letter here from Suffolk County Department of Economic Development and Planning stating that this is a matter for local determination as there is no significant countywide or inter-community impact. We also have numerous letters and copies of emails that are in the file, all supporting the change of zone to M-III. SUPERVISOR RUSSELL: Would anybody like to address the Town Board on this public hearing? Southold Town Board Regular Meeting September 8, 2020 page 39 MODERATOR: We do have a few hands raised, so I'll start with Maryann Lindberg. MARYANN LINDBERG: I am Maryann Lindberg, conservation specialist with the Nature Conservancy. Supervisor Russell and members of the Town Board, I want to express the Conservancy's strong support for the M-III zoning to be applied to the Orient Point parcel. The Nature Conservancy participated in the envision process, as you know, for the last couple of years with the town and many others, a large number of people from diverse backgrounds participated in our meetings and endorsed the town's zoning of the island. Rezoning the mainland parcel, to make its role in the islands future clear, is the next logical step for the town. It is worth noting that the federal government does not own land in Connecticut, from which the Connecticut ferry for Plum Island departs, the GSA has been leasing space from a marina in Old Saybrook and this lease will expire when the animal disease closes and the federal government departs. It is therefore essential that Southold acts to preserve a means of access to the island. you have been methodical and comprehensive in your approach, first in zoning the island and now in zoning the mainland parcel. I can say with assurance that in acting to ensure access to Plum Island, the town will be implementing the will of its residents. Thank you very much. SUPERVISOR RUSSELL: Thank you. MODERATOR: Next we have Lucinda Hemmick. LUCINDA HEMMICK: Hello, I am Lucinda Hemmick, I am the president of the Southold Indian Museum. We appreciate all the work that the town has done to preserve the property and work on the zoning. The Southold Indian Museum supports applying M-III zoning to the Plum Island ferry parcel. SUPERVISOR RUSSELL: Thank you. MODERATOR: Thank you. Next up we have Bob DeLuca. BOB DELUCA: Thank you and good evening Town Board members. For the record, my name is Bob DeLuca and I am a resident of East Marion and I am speaking this evening in my capacity as president of Group for the East End to support the measure before you. I want to start out by thanking the Town Board and also recognizing a former Town Board member, now county Legislator Al Krupski, who has been working on this conservation planning effort for Plum Island since its inception. For its leadership in the multi-year effort to design and apply a series of new and stringent zoning district requirements that will assure significant protection to Plum Island and its incredible natural resources, while also maintain a limited research development zone within the islands already developed footprint. Tonight with your consideration of adding the new M-I11 zoning category to the official zoning map of the town, the Board will put the final piece of this land use conservation puzzle together and assure that Plum Islands land side parcels are provided with substantial protection from over development should these parcels ever fall into private hands. Likewise, the new M-III zoning category will assure that the current ferry services to and from the island will remain in place and not be lost in the event of a private sale. This provision offers significant value to any future conservation or research potential that may Southold Town Board Regular Meeting September 8, 2020 page 40 occur on the island by maintaining and requiring a single point of access from the mainland to serve Plum Island on into its future. Because of the importance of these new standards and the longtime preservation goals of Plum Island, we urge you to swiftly adopt resolution 575 and make the M-III zoning legally binding for the Plum Island landside parcel. On behalf of all of us at Group for the East End and on behalf of myself and my family, I want to thank you for your continued efforts to protect Plum Islands natural resources. Let me also thank you for adopting the Comprehensive Plan tonight as well and I thank you very much for your time and consideration of my comments. SUPERVISOR RUSSELL: Thank you. MODERATOR: Okay, next up we have Louise Harrison. LOUISE HARRISON: Good afternoon, Supervisor Russell and members of the Town Board. I am Louise Harrison, I am the New York Natural Areas coordinator for Save the Town and I live in Peconic. I would first like to bring to your attention something that I hope is already in your file which is a letter from the Preserve Plum Island coalition. We expected to have somebody reading it for you tonight, it's a couple of pages and if you have already received it I won't be reading it but would like it entered into the record. But I do have a statement from Save the Sound, so I will begin. 'I want to thank you for this opportunity to present the views of Save the Sound regarding this proposal to apply the zoning district M-III to the Plum Island ferry parcel in Orient and for holding this hearing this afternoon. Save the Sound supports the proposed zone change because assigning M-III to this parcel which constitutes critically important infrastructure will afford better protection to Plum Island itself. We really want to thank Southold's government, Supervisor Russell, Town Board members, the Planning Board, the Planning Department, Town Clerk, the Trustees, Town Historian, Historic Preservation Commission, the IT Department and so many more for participation and access during the two year envision Plum Island process. Envision Plum Island resulted in a report in a brochure released on July 22 produced by Save the Sound, the Nature Conservancy and consulting firm Marsko Day and for anyone who hasn't yet seen these items, you will find thein at wwwpreserveplumisland.org and look for envision report. Moreover, thank you for your critically important role in zoning Plum Island itself into the Plum Island Conservation and Plum Island Research District. We also thank County Legislator Al Krupski, who when in Southold Town government played and early, active and important role in the essential work of Plum Island zoning and who, like the town, has been assisting over the past two years with Envision Plum Island. It is clear Southold is united with the rest of the region and in the goal of preserving Plum Island for conservation, education, research, controlled public access and jobs. Preserve Plum Island coalitions vision, the entire regions vision we now know is of Plum Island preserve. We know protecting the means for ferry travel to and from Plum Island is critically important and it's a critically important component for the creation of Plum Island Preserve. The Plum Island ferry parcel at Orient is essential for bringing the regions vision for Plum Island to fruition. That is why we support applying the M- III zone there, dedicating the Orient Point parcel to one primary purpose, ferry travel to and from Plum Island frorn the Town of Southold is precisely the right thing to do. The nearly 200 stakeholders who participated in Envision Plum Island know and our resulting report detail why a zone change to M-III is key to the longterm preservation of this unique island, this unique Southold Town Board Regular Meeting September 8, 2020 page 41 island feature of the town and this unique feature of Long Island Sound as a whole. Don't we all know this? There's not another island like Plum Island anywhere. To protect its amazing biodiversity, historical resources, the cultural heritage of people who have lived here for thousands of years and not the least,jobs, the region has envisioned Plum Island Preserve and to make that happen the Plum Island ferry parcel needs to be kept for one purpose. That parcel should never be developed in the many ways its current M-II zoning would allow. Also, the brilliant decision by Southold to include the possibility of a small museum as an accessory use in the M-II1 district falls in line completely with the regions vision. The good thing about a small Plum Island museum at Orient Point is that it could accommodate more people than could be sustainably accommodated on the island itself. Visitors could be people that are already at Orient Point such as those using the Cross Sound ferry or those using and visiting the nearby county and state park there. We see attendance that would be managed so as not to generate additional traffic on Southold's limited and seasonally congested roads. The ferry facility itself might include a ticket office that also would serve to control the levels of public access to Plum Island with its fragile habitats, historic features and potential archaeological treasures, all which require careful stewardship. And of course, the ferry parcel is needed as a launch site for employees traveling by ferry to and from the future jobs we envision can be situated at a revamped research center. One that plays an important role in Long Islands research corridor. Your bold actions in zoning Plum Island and the ferry parcel are to be commended. Thank you for the towns forward thinking in protecting what our region knows really is a national treasure. If it could be confirmed at this point, I would appreciate knowing if there is a letter in your file from the Preserve Plum Island coalition? COUNCILWOMAN DOHERTY: Yes, we did get that. SUPERVISOR RUSSELL: Yes, it is part of the file. MS. HARRISON: Good. Thank you very much. MODERATOR: Okay. We have at the moment one more hand raised and that is Legislator Krupski. LEGISLATOR ALBERT KRUPSKI: Thank you. Thank you for the opportunity to speak. My name is Al Krupski, resident of Cutchogue. I want to thank the Town Board for taking this step. In 2007 I don't think any of us could have envisioned this night, that you would have to take this step in order to protect Plum Island, to protect its uses that you have zoned for. I think it's a nice coincidence that this is the same night that you adopted a Comprehensive Plan, that this is certainly is part of the long range planning of the town and it is a very good example, I think, of the town exerting its local control over land use. I think that is extremely important, that Southold is a town that has a vision for its future and has a lot of community support for that vision and includes the community in its land use and zoning decisions. So, thank you for taking this step, I was speaking earlier this summer, I don't know when because time is fluid now but Louise Harrison and she was wondering when the Town Board was going to take this step and I called the Supervisor to say when are you going to do this, you need to do it sooner rather than Southold Town Board Regular Meeting September 8, 2020 page 42 later and he assured me that in fact it was in the works and I am very grateful that you are doing this to protect Plum Island for future generations. MODERATOR: Thank you for that Legislator Krupski. Next up is Dreanne Brenner. DREANNE BRENNER: Thank you. Thank you everyone for the public hearing tonight on the M-III zoning. I am Dreanne Brenner, president of the Orient Association. We are members of the Preserve Plum Island coalition and strongly supportive of their work in the envisioning Plum Island initiative in process. On behalf of the Orient Association, I just want to say briefly that we support the rezoning of the Plum Island ferry parcel from M-11 to M-III and if there is any additional support that the Town needs to make this happen, we are willing and able to help as the Orient community would be most affected by any changes to Plum Island and the affect that this will have is positive in terms of preserving the conservation and preservation of Plum Island. So, thank you so much. In addition, we want to say thank you for adopting the Comp Plan. That's it. SUPERVISOR RUSSELL: Thank you. MODERATOR: We have one more hand, we have Anne again. ANNE MURRAY: Hi, it's Anne Murray again. I am speaking to you in my role as president of the East Marion Community Association and I want to thank the Town Board for proposing this change of zone and we are absolutely in favor of it because it will ensure access to and the protection of Plum Island which is very, very important to folks that live in East Marion as throughout the town. And I also want to thank you for finally adopting the Comprehensive Plan. Thank you. MODERATOR: With that, at the moment there are no more hands raised. This public hearing was declared closed at 5:43 PM RESULT: CLOSED [UNANIMOUS] MOVER: Robert Ghosio, Councilman SECONDER:Jill Doherty, Councilwoman AYES: Nappa, Dinizio Jr, Doherty, Ghosio, Evans, Russell Closing Comments Supervisor Russell SUPERVISOR RUSSELL: That completes the business of the agenda. I am going to invite anybody that would like to address the Town Board on any issue to please feel free. MODERATOR: I am just going to remind anybody that may have joined late, to raise your hand please use the raise hand in the bottom tray of icons on zoom or use the q and a button as well. If you are dialing in from a telephone, *9. At the moment, there are no raised hands. Southold Town Board Regular Meeting September 8, 2020 page 43 Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 5:48 P.M. n Elizabeth A.Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Robert Ghosio, Councilman SECONDER:Jill Doherty, Councilwoman AYES: Nappa, Dinizio Jr, Doherty, Ghosio, Evans, Russell