HomeMy WebLinkAboutAG-03/23/2021
ELIZABETH A. NEVILLE Town Hall, 53095 Main Road
TOWN CLERK PO Box 1179
Southold, NY 11971
REGISTRAR OF VITAL STATISTICS Fax (631) 765-6145
MARRIAGE OFFICER Telephone: (631) 765 - 1800
RECORDS MANAGEMENT OFFICER www.southoldtownny.gov
FREEDOM OF INFORMATION OFFICER
AGENDA
FINAL
SOUTHOLD TOWN BOARD
March 23, 2021
7:00 PM
POLICY: At the beginning of scheduled Town Board meetings, the attending public is
encouraged to briefly address the Town Board relating to agenda resolutions prior to their
enactment; the public will also be given time at the conclusion of the regularly scheduled
business agenda to address the Board on any given topic.
ONLINE ACCESS: The Tentative Agenda is generally available the Friday before the meeting.
The video of the meeting is usually available to watch live during the meeting. Minutes with
adopted resolutions are available 1-2 days after the meeting. A full copy of the minutes, agenda
and meeting video can be viewed by going to the official Town of Southold website:
www.southoldtownny.gov and following either of the following:
(1) Move pointer over “Government” on the Town website home page. You will find the title
“Town Supervisor/Town Board”. Under this title you will see “Southold Town Board Meetings
and Agendas”. or
(2) Go to “How Do I”, in the right upper corner of the Town website home page, Choose
“Access”, then “Southold Town Board Meetings and Agendas.
Go to the date of the meeting and click on "Minutes Packet" this is the full copy of the
resolutions. (Scroll to bottom of page for KEY to symbols). You can view the live video of the
meeting by clicking on the camera symbol. All of this information is available 24/7.
If you would like help navigating the site, please feel free to call my office 631-765-1800.
Due to public health and safety concerns related to COVID-19, the Public will not be given
in-person access. In accordance with the Governor’s Executive Order 202.1, said public
hearing of the Town Board will be held via videoconferencing, and a transcript will be
provided at a later date. The public will have an opportunity to see and hear the meeting
live and provide comments virtually.
The hearing will be held virtually via ZOOM Webinar. Instructions and link to attend the
meeting will be available on the Town’s website or by calling the Town Clerk’s office at
(631)765-1800. A telephone number will also be provided to allow members of the public to
attend via telephone.
Southold Town Meeting Agenda - March 23, 2021
Page 2
Written comments and/or questions may also be submitted via email to the Town Clerk at
elizabeth.neville@town.southold.ny.us and Lynda.rudder@town.southold.ny.us . Said comments
and/or questions will be considered at the public hearing provided that they are submitted no
later than 12:00 P.M. (Prevailing Time) on the day of the public hearing.
Pursuant to the requirements of the Executive Order of the Governor of the State of New York, a
transcript will be prepared of the public hearing, and a copy shall be filed with the Town Clerk
and placed upon the Town's website.
Please check the meeting Agenda posted on the Town’s website (www.southoldtownny.gov) for
further instructions or for any changes to the instructions to access the public hearing, and for
updated information.
CALL TO ORDER
7:00 PM Meeting called to order on March 23, 2021 at Meeting Hall, 53095 Route 25, Southold,
NY.
Attendee Name Present Absent Late Arrived
Councilwoman Sarah E. Nappa
Councilman James Dinizio Jr
Councilwoman Jill Doherty
Councilman Robert Ghosio
Justice Louisa P. Evans
Supervisor Scott A. Russell
I. REPORTS
1. Justice Court Reports
February 2021
II. PUBLIC NOTICES
1. NYS Liquor License Class Change
Mattitaco
III. COMMUNICATIONS
IV. DISCUSSION
1. 9:00 Am - Kevin Webster
Section 575-b of the Proposed NYS Budget in Regard to Assessment of Renewable Energy
Projects
2. 9:15 Am - Councilman Ghosio, Denis Noncarrow, Jack Malley
Economic Development Committee Updates
Southold Town Meeting Agenda - March 23, 2021
Page 3
3. 9:30 Am - Councilman Ghosio, Michael Collins
Update on Solar Project at the Landfill
4. 9:45 Am - Michael Collins
Draft MS4 SPDES Annual Report
5. 10:00 Am - Councilman Dinizio, Chief Flatley
February Monthly Report and School Resource Officer
6. Opening of Town Buildings
7. Town Attorney
Proposed Code Amendment to Chapter 280 “Zoning” - Recreational Uses
8. Proposed Code Amendment to Chapter 280 “Zoning" Corner Lots – Set Public Hearing
9. Proposed Amendments to Ch. 70 from the Agricultural Advisory Committee- to be
Referred to Code Committee
10. Community “Big House” Forum Request by Civic Associations
11. Justice Review/Reform Task Force Next Steps
12. Set Public Meeting for Love Lane Traffic Study
13. Request for Emergency Trailer Permit
14. EXECUTIVE SESSION - Proposed Acquisition(S), Sale or Lease of Real Property Where
Publicity Would Substantially Affect the Value Thereof
11:15 am - Melissa Spiro, Land Preservation Coordinator
11:30 am - Melissa Spiro and Michael Collins
15. EXECUTIVE SESSION - Labor - Matters Involving the Employment of a Particular
Corporation
11:45 am - Michael Collins
16. EXECUTIVE SESSION - Litigation/Potential Litigation
Town Attorney re: Sullivan Settlement
SPECIAL PRESENTATION
Historic Preservation Commission Awards
Bill Goggins - Old Glenwood Hotel, Mattituck
Edward W. Webb- Village Lane, Orient
Southold Town Meeting Agenda - March 23, 2021
Page 4
V. RESOLUTIONS
2021-210
CATEGORY: Audit
DEPARTMENT: Town Clerk
Approve Audit
RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated
March 23, 2021.
Vote Record - Resolution RES-2021-210
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
James Dinizio Jr
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2021-211
CATEGORY: Set Meeting
DEPARTMENT: Town Clerk
Set Next Town Board Meeting
RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held,
Tuesday, April 6, 2021 at the Southold Town Hall, Southold, New York at 4:30 P. M..
Vote Record - Resolution RES-2021-211
Adopted
Yes/Aye No/Nay Abstain Absent
Adopted as Amended
Defeated
Sarah E. Nappa
Tabled
James Dinizio Jr
Withdrawn
Jill Doherty
Supervisor's Appt
Tax Receiver's Appt
Robert Ghosio
Rescinded
Louisa P. Evans
Town Clerk's Appt
Scott A. Russell
Supt Hgwys Appt
No Action
Lost
Southold Town Meeting Agenda - March 23, 2021
Page 5
2021-212
CATEGORY: Contracts, Lease & Agreements
DEPARTMENT: Town Attorney
SCBOE Agreement
Financial Impact:
Early Voting polling place
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
Suffolk County Board of Elections in connection with leasing Southold Town Human Resource
Center within the Living Room, Activity Room and Sunroom to be used as Early Voting polling
place for Special, Primary and General Election days covering June 10, 2021 to November 9,
2021 subject to the approval of the Town Attorney.
Vote Record - Resolution RES-2021-212
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
James Dinizio Jr
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2021-213
CATEGORY: Attend Seminar
DEPARTMENT: Accounting
Attend Seminar- Accounting
RESOLVED that the Town Board of the Town of Southold hereby grants permission to Kristie
Hansen-Hightower, Michelle Nickonovitz and Laura Arena to attend a webinar on government
finance on April 8, 2021, and Michelle Nickonovitz to attend a webinar on government finance
on April 22, 2021. All expenses for registration and travel to be a legal charge to the 2021
budget (A.1310.4.600.200 Meetings and Seminars).
Southold Town Meeting Agenda - March 23, 2021
Page 6
Vote Record - Resolution RES-2021-213
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
James Dinizio Jr
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2021-214
CATEGORY: Advertise
DEPARTMENT: Recreation
Advertise for Seasonal Summer Positions
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the
Town Clerk’s Office to advertise for two (2) consecutive weeks for a part-time assistant beach
manager, lifeguards, and beach attendants for the 2021 beach season.
Vote Record - Resolution RES-2021-214
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
James Dinizio Jr
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2021-215
CATEGORY: Employment - FIFD
DEPARTMENT: Accounting
Approve Resolution Number 2021-043
Southold Town Meeting Agenda - March 23, 2021
Page 7
RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves
Resolution Number 2021-028 of the Fishers Island Ferry District adopted March 15, 2021 which
reads as follows:
WHEREAS the District ratified the August 17, 2017 Stipulation of Agreement with CSEA, Inc.
Local 1000, AFSCME, AFL-CIO regarding Advancement Ladders and;
WHEREAS said Advancement Ladders define qualifications and minimum wages for certain
positions and;
Whereas Mr. Daniel Eagan has completed his training and management recommends that he be
promoted to full captain.
Therefore, it is resolved with effect February 25, 2021 to increase Mr. Eagan’s Captain (FIFD)
salary to $28.00 per hour and simultaneously Mr. Eagan is released from his part-time Deckhand
(FIFD) position.
Vote Record - Resolution RES-2021-215
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
James Dinizio Jr
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2021-216
CATEGORY: Committee Resignation
DEPARTMENT: Town Clerk
Accept Resignations
RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of
Tracy Burgess Levy from the Aircraft Noise Committee, Susan G. Dingle from the Anti-Bias
Task Force and Joseph Conway from the Police Advisory Committee (effective April1, 2021).
Vote Record - Resolution RES-2021-216
Adopted
Yes/Aye No/Nay Abstain Absent
Adopted as Amended
Sarah E. Nappa
Defeated
Southold Town Meeting Agenda - March 23, 2021
Page 8
Tabled
James Dinizio Jr
Withdrawn
Jill Doherty
Supervisor's Appt
Robert Ghosio
Tax Receiver's Appt
Rescinded
Louisa P. Evans
Town Clerk's Appt
Scott A. Russell
Supt Hgwys Appt
No Action
Lost
2021-217
CATEGORY: Budget Modification
DEPARTMENT: Accounting
2021 Budget Modification- Capital (Richmond Creek Drainage)
Financial Impact:
Establish budget for Suffolk County Soil & Water Conservation District agreement
WHEREAS the Town Board of the Town of Southold has approved an agreement with the
Suffolk County Soil and Water Conservation District which provides capital funding for
drainage, and
WHEREAS the Town’s Capital Budget process requires a resolution to amend Capital Budget
items in the Capital Fund, now therefore be it
RESOLVED that the Town Board of the Town of Southold hereby authorizes the amendment
of the Capital Budget as follows:
Increase Revenues:
H.2389.70 Misc Revenue, Other Governments
S/C Soil & Water Conservation $50,750
Total $50,750
Increase Appropriations:
H.8540.2.100.350 Stormwater Mitigation,
Richmond Creek Drainage $50,750
Total $50,750
Vote Record - Resolution RES-2021-217
Adopted
Yes/Aye No/Nay Abstain Absent
Adopted as Amended
Sarah E. Nappa
Defeated
Tabled
James Dinizio Jr
Withdrawn
Jill Doherty
Supervisor's Appt
Southold Town Meeting Agenda - March 23, 2021
Page 9
Tax Receiver's Appt
Robert Ghosio
Rescinded
Louisa P. Evans
Town Clerk's Appt
Scott A. Russell
Supt Hgwys Appt
No Action
Lost
2021-218
CATEGORY: Attend Seminar
DEPARTMENT: Assessors
Attend Seminar - Assessors
RESOLVED that the Town Board of the Town of Southold hereby grants permission to Claire
Glew to attend two Webinars entitled, “Reading & Understanding Deeds”, on March 31, 2021
from 9 am - 4 pm and, “Partial Exemption Administration”, on June 9, 2021 from 9 am - 4 pm,
all registration costs to be a legal charge to the 2021 Assessors budget.
Vote Record - Resolution RES-2021-218
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
James Dinizio Jr
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2021-219
CATEGORY: Legal
DEPARTMENT: Town Attorney
Property Damage Payment
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the
payment of the sum of Two Thousand and Fifty Nine dollars and zero cents ($2,059.00) to Jewel
Escobar for property damage stemming from an incident on February 14, 2021, subject to the
approval of the Town Attorney.
Southold Town Meeting Agenda - March 23, 2021
Page 10
Vote Record - Resolution RES-2021-219
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
James Dinizio Jr
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2021-220
CATEGORY: Public Service
DEPARTMENT: Highway Department
2021 Spring Clean-Up
RESOLVED by the Town Board of the Town of Southold that the Highway Department Spring
Cleanup will start on Monday, April 19, 2021 in Orient Point. Our Highway crews will remove
only BRUSH and LEAVES and work in an Westerly direction until they reach Laurel. All
Leaves Must Be In Biodegradable Paper Bags, NO EXCEPTIONS. We can only pass through an
area once; be it further
RESOLVED that the Town Board hereby authorizes the acceptance of residential brush free of
charge for four weeks, at the Southold Town Compost Facility in Cutchogue (leaves are always
accepted free). This four-week grace period is for those homeowners who wish to take their
brush directly to the Town’s compost site themselves. The grace period will start Thursday,
April 1, 2021, and end Friday, April 30, 2021; be it further
RESOLVED that commercial landscaping and tree removal companies will no longer be
permitted to deposit any loads of branches or yard debris for removal in the Town’s right-of-
way. It will be the homeowner’s responsibility to make certain that their contractor(s) haul their
yard debris to the Cutchogue Compost Facility as anyone observed dumping in the Town right-
of-way will be fined for illegal dumping; and, be it further
RESOLVED that the Fishers Island Spring Clean-Up will also commence on Monday, April 19,
2021.
RESOLVED that the normal tip fees for brush disposal at the Cutchogue Compost Facility shall
be waived for residential vehicles for the period April 1, 2021 through April 30, 2021; and that
Southold Town Meeting Agenda - March 23, 2021
Page 11
tip fees for brush shall be reduced for commercial vehicles to $30/ton for the period from April
1, 2021through April 30, 2021; and be it further
RESOLVED that for the purposes of this resolution, residential vehicles shall be defined as any
vehicle with a resident disposal permit issued by the Town Clerk of the Town of Southold
carrying less than one ton of debris (including trailers), or for vehicles without a permit, any
vehicle with a less than one ton carrying capacity (including trailers); and that commercial
vehicles shall be defined as any vehicle with a commercial disposal permit issued by the Town
Clerk of the Town of Southold, or for vehicles without a permit, any vehicle with a carrying
capacity of one ton or greater; and be it further
RESOLVED that the tip fee waiver/reduction described herein shall not apply to stumps of any
type; and that it applies to the charge for the weight of the debris ONLY, and not to single entry
fees for vehicles without permits, which will still be charged as appropriate.
Vote Record - Resolution RES-2021-220
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
James Dinizio Jr
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2021-221
CATEGORY: Close/Use Town Roads
DEPARTMENT: Town Clerk
Grant Permission for the "CAST - Mighty North Fork Triathlon"
Financial Impact:
Total police Department Cost for Event = $669.14
RESOLVED that the Town Board of the Town of Southold hereby grants permission for
CAST to hold the "The 21st Annual Mighty North Fork Triathlon", at Cedar Beach Park,
Southold, New York, on Sunday, May 30, 2021 using the following roads:
Cedar Beach Road, Paradise Point Road, Bayview Road North, Anchor Lane, Pine
Neck Road, Jacobs Lane and Main Bayview Road.
Southold Town Meeting Agenda - March 23, 2021
Page 12
and provided they file with the Town Clerk a Two Million Dollar Certificate of Insurance
naming the Town of Southold as an additional insured; a $250.00 filing fee; $1500.00 deposit for
clean-up (deposit to be returned after event upon recommendation of Chief Flatley, (Southold
Town Police Department) provided they comply with the Town of Southold’s Policy for Special
events on Town Properties and Roads and subject to the applicant's compliance with all
executive orders of the State of New York. Failure to comply with all provisions and conditions
will result in the revocation of the permit.
Vote Record - Resolution RES-2021-221
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
James Dinizio Jr
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2021-222
CATEGORY: Close/Use Town Roads
DEPARTMENT: Town Clerk
North Fork Century Bike Ride 5/22/21
RESOLVED that the Town Board of the Town of Southold hereby grants permission to the
Bicycle Shows USA to hold four different length rides, all in accordance with the
application on file in the Town Clerk’s Office to the North Fork Century Bike Ride on
May 22, 2021 beginning at 5:00 AM. Provided the applicant agrees to comply with all the
conditions of the Southold Town Policy for Special Events on Town Properties and Roads;
failure to comply with conditions No. 5 and No. 6 will result in the forfeiture of the deposit,
subject to the approval of the Town Attorney and subject to the applicant's compliance with all
executive orders of the State of New York. Failure to comply with all provisions and conditions
will result in the revocation of the permit.
Vote Record - Resolution RES-2021-222
Adopted
Yes/Aye No/Nay Abstain Absent
Adopted as Amended
Sarah E. Nappa
Defeated
Tabled James Dinizio Jr
Withdrawn
Jill Doherty
Supervisor's Appt
Robert Ghosio
Tax Receiver's Appt
Southold Town Meeting Agenda - March 23, 2021
Page 13
Rescinded
Louisa P. Evans
Town Clerk's Appt
Scott A. Russell
Supt Hgwys Appt
No Action
Lost
2021-223
CATEGORY: Legal
DEPARTMENT: Town Attorney
Settlement - Epidy
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the
payment of the sum of Fifty Thousand dollars and zero cents ($50,000.00) to Travelers Insurance
claim number E9W6835 for claimant George Epidy from an incident that occurred on May 10,
2017, subject to the approval of the Town Attorney and drawn from account CS.1910.300.800.
Vote Record - Resolution RES-2021-223
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
James Dinizio Jr
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2021-224
CATEGORY: Contracts, Lease & Agreements
DEPARTMENT: Town Attorney
SC Office for the Aging
Financial Impact:
delivered meals
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute the Fourth Amendment of Contract No. 22-AG-020
between the Suffolk County Office for the Aging and the Town of Southold, for the period
Southold Town Meeting Agenda - March 23, 2021
Page 14
January 1, 2021 through December 31, 2021, with a one (1) year option to renew at the County’s
discretion, for congregate dining and home delivered meals for the elderly, at no cost to the
Town, subject to the approval of the Town Attorney.
Vote Record - Resolution RES-2021-224
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
James Dinizio Jr
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2021-225
CATEGORY: Special Events
DEPARTMENT: Town Attorney
Strawberry Festival 2021
RESOLVED that the Town Board of the Town of Southold does hereby grants permission to the
Mattituck Lions Club to use Strawberry Fields in Mattituck, NY from June 12 through July 3,
2021 for the Annual Strawberry Festival and be it further
RESOLVED that the Town Board of the Town of Southold authorizes the Town Clerk to issue a
Special Events Permit to the Mattituck Lions to hold its Annual Strawberry Festival at
Strawberry Fields Mattituck, NY from June 12 through July 3, 2021 provided
1. They file with the Town Clerk a Two Million Dollar Certificate of Insurance naming the
Town of Southold and the County of Suffolk as an additional insured;
2. Coordinate traffic control upon notification of the adoption of this resolution
3. No permanent markings be placed on town, county or state roads or property for the
event;
4. Any road markings or signs for the event be removed within twenty-four (24) hours of
the completion of the event.
Some of the requirements for issuing a Special Permit may be waived. 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
Southold Town Meeting Agenda - March 23, 2021
Page 15
conditions of the approval or is unable to properly control traffic flow into and out of the event.
Vote Record - Resolution RES-2021-225
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
James Dinizio Jr
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2021-226
CATEGORY: Special Events
DEPARTMENT: Town Attorney
Special Events Permit Laurel Lake Vineyard 2021-2
RESOLVED that the Town Board of the Town of Southold hereby grants permission to
Christopher Richards, East End Events Catering to hold Special Event 2021-2 at the Laurel Lake
Vineyard, 3165 Main Road, Laurel, New York as applied for in Application LLV1a-f for six (6)
wine and food pairing events: May 28, May 29, May 30, June 4, June 5, and June 6, 2021 from
12:00 PM to 6:00 PM. Provided they adhere to all conditions on the application and permit and
to the Town of Southold Policy for Special Events and subject to the applicant's compliance with
all executive orders of the State of New York. This permit is subject to revocation if the
applicant fails to comply with any of the conditions of the approval or is unable to properly
control traffic flow into and out of the event
Vote Record - Resolution RES-2021-226
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
James Dinizio Jr
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
Southold Town Meeting Agenda - March 23, 2021
Page 16
2021-227
CATEGORY: Letter of Credit
DEPARTMENT: Planning Board
Accept Letter of Credit - Estates at Royalton
RESOLVED that the Town Board of the Town of Southold hereby accepts the Irrevocable
Standby Letter of Credit (ISLC) issued by TD Bank in the amount of $106,050.00 for the
approved Clustered Standard Subdivision entitled “The Estates at Royalton”, SCTM #1000-113-
7-19.23, located at 55 Cox Neck Road, Mattituck, as recommended by the Southold Town
Planning Board, subject to the approval of the Town Attorney.
Vote Record - Resolution RES-2021-227
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
James Dinizio Jr
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2021-228
CATEGORY: Special Events
DEPARTMENT: Town Attorney
Special Events Permit Laurel Lake Vineyard 2021-3
RESOLVED that the Town Board of the Town of Southold hereby grants permission to
Christopher Richards, East End Events Catering to hold Special Event 2021-3 at the Laurel Lake
Vineyard, 3165 Main Road, Laurel, New York as applied for in Application LLV2a-f for six (6)
wine and food pairing events: May 14, May 15, May 16, May 21, May 22, and May 23, 2021
from 12:00 PM to 6:00 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.
Southold Town Meeting Agenda - March 23, 2021
Page 17
Vote Record - Resolution RES-2021-228
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
James Dinizio Jr
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2021-229
CATEGORY: Ratify Fishers Island Reso.
DEPARTMENT: Fishers Island Ferry District
FIFD 3/1 & 3/15/21 Meeting Resolution Ratifications
RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the
resolutions of the Fishers Island Ferry District Board of Commissioners dated March 1st and
March 15th, 2021 meetings, as follows:
FIFD
Resolution# Regarding
March 1st
2021 - 032 RP Yard - Change Order
2021 - 033 Legal/Award
2021 - 034 Legal/Seawall
2021 - 035 Legal/Settlement
March 15th
2021 - 038 Budget Mod 2020
2021 - 040 Legal/Public Health Plan
2021 - 041 Legal/Dental Insurance Renewal
Vote Record - Resolution RES-2021-229
Yes/Aye No/Nay Abstain Absent
Adopted
Adopted as Amended
Sarah E. Nappa
Defeated
James Dinizio Jr
Tabled
Jill Doherty
Withdrawn
Supervisor's Appt
Robert Ghosio
Southold Town Meeting Agenda - March 23, 2021
Page 18
Tax Receiver's Appt
Louisa P. Evans
Rescinded
Scott A. Russell
Town Clerk's Appt
Supt Hgwys Appt
No Action
Lost
2021-230
CATEGORY: Trailer Permit
DEPARTMENT: Town Clerk
Special Trailer Permit Robert & Darice Clark
RESOLVED that the Town Board of the Town of Southold hereby grants approval of a
temporary special trailer permit application of Robert and Darice Clark for a period of six
(6) months from date of issuance to locate a trailer for temporary residence on the property
located at 8145 Alvah’s Lane, Cutchogue, New York 11935, Suffolk County Tax Map # 1000-
95-3-10, while the existing house that was destroyed by fire is being rebuilt.
Vote Record - Resolution RES-2021-230
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
James Dinizio Jr
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2021-231
CATEGORY: Support/Non-Support Resolution
DEPARTMENT: Town Attorney
Oppose Section 575-B Real Property Tax Law
WHEREAS, the New York Real Property Tax Law - Section 487 - provides a 15-year real
property tax exemption for properties on which wind or solar energy projects are built, and
Southold Town Meeting Agenda - March 23, 2021
Page 19
WHEREAS, the real property tax exemption is not mandatory under current law since Section
487 allows local governments to opt out of the exemption and tax wind or solar energy
projects based on their full assessed value, and
WHEREAS, if a town does not opt out of the current Section 487, it can require the wind or
solar project to enter into a Payment In Lieu of Taxes (PILOT) agreement, and
WHEREAS, under the current Section 487 provision, towns have the ability to negotiate a
PILOT with a developer or require that the project pay full taxation based on the assessed
value, and
WHEREAS, through the budget process, the State seeks to add Section 575-b to the Real
Property Tax Law, which will drastically change the way real property is assessed for wind
and solar energy systems (equal to or greater than 1 megawatt) by establishing a state wide
standardized approach for real property tax assessment for wind and solar energy projects,
and
WHEREAS, through the budget process, the State also seeks to mandate that the assessed value
for solar or wind energy projects will be determined by an income capitalization or discounted
cash flow approach that considers an appraisal model created by the New York State
Department of Taxation and Finance, and in consultation with the New York State Energy
Research and Development Authority, and
WHEREAS, through the budget process, the State-determined assessment will also include a
solar or wind energy discount rate that is set annually by the New York State Department of
Taxation and Finance, and
RESOLVED, the Town of Southold holds strongly to the right to home rule established in
Article 9 of the NY State Constitution, especially with regard to land use and real property
taxation, and be it further
RESOLVED, Governor Cuomo has introduced Section 575-b in this year's budget bill in order to
abolish the Town of Southold’s ability to assess real property used for renewable energy
projects and effectively eliminate any local control currently provided by Section 487, and be it
further
RESOLVED, the Town of Southold is adamantly opposed to the addition of Section 575-b, to
the Real Property Tax Law in the 2022 budget, and be it further
RESOLVED, the Town of Southold calls upon Suffolk County and New York State
officials to oppose Section 575-b of the Real Property Tax Law before it is enacted in the
budget process.
Vote Record - Resolution RES-2021-231
Adopted
Yes/Aye No/Nay Abstain Absent
Adopted as Amended
Sarah E. Nappa
Defeated
Southold Town Meeting Agenda - March 23, 2021
Page 20
Tabled
James Dinizio Jr
Withdrawn
Jill Doherty
Supervisor's Appt
Robert Ghosio
Tax Receiver's Appt
Rescinded
Louisa P. Evans
Town Clerk's Appt
Scott A. Russell
Supt Hgwys Appt
No Action
Lost
2021-232
CATEGORY: Attend Seminar
DEPARTMENT: Solid Waste Management District
Organics Management Webinar
RESOLVED that the Town Board of the Town of Southold hereby grants permission to
Solid Waste Coordinator Bunchuck to attend a seminar on New York State Organics Waste
Management Regulations held from April 13 - 15, 2021, at a cost of $75, all expenses to be a
legal charge to the 2021 budget (meetings and seminars).
Vote Record - Resolution RES-2021-232
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
James Dinizio Jr
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2021-233
CATEGORY: Employment - Town
DEPARTMENT: Accounting
Amend Resolution 2021-173
Southold Town Meeting Agenda - March 23, 2021
Page 21
RESOLVED that the Town Board of the Town of Southold hereby amends Resolution Number
2021-173 to read as follows:
RESOLVED effective February 24, 2021, the Town Board of the Town of Southold hereby
appoints Patrick Anderson, Fiona Faherty, Ryan Flatley and Kyle Krause to the position of
probationary Police Officer at a salary of $51,607.00 and are immediately placed on an unpaid
leave of absence until the commencement of the next scheduled recruit police officer training
session, March 29, 2021 at the Suffolk County Police Academy or an equivalent training
academy. Effective March 29, 2021, the above-named individuals will become active
probationary Police Officers for the Town of Southold Police Department as long as they meet
the requirements for employment.
Vote Record - Resolution RES-2021-233
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
James Dinizio Jr
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2021-234
CATEGORY: Local Law Public Hearing
DEPARTMENT: Town Attorney
PH 4/20 7:01 Pm - Chapter 280 - Corner Lots
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk
th
County, New York, on the 23 day of March, 2021, a need for amendments to the zoning code;
and
WHEREAS, it has been presented a Local Law entitled “A Local Law in relation to an
Amendment to Chapter 280, Zoning” 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
20th day of April, 2021 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
Southold Town Meeting Agenda - March 23, 2021
Page 22
280, Zoning” reads as follows:
LOCAL LAW NO. 2021
A Local Law entitled, “A Local Law in relation to an Amendment to Chapter 280, Zoning”.
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose.
The purpose of this local law is to address issues concerning corner lots.
II. Chapter 280 of the Code of the Town of Southold is hereby amended to include the
underlined words and remove the struck through words as follows:
§ 280-4 Definitions.
LOT, CORNER
A lot situated at the junction of and abutting fronting on two or more intersecting streets
where the interior angle of intersection does not exceed 135°. A lot abutting a curved street
shall be deemed a "corner lot" if the tangents to the curve at the points of intersection of the
side lot lines with the street lines intersect at an interior angle of less than 135°.
YARD, FRONT
An unoccupied ground area open to the sky between the street line, or between the street
line established by the Official Map of the Town or an approved subdivision plat, and a line
drawn parallel thereto. Except, if the owner of the lot does not have the right to use or travel
over a bordering street, right-of-way or street line, the side of the lot bordering that
particular street, right-of-way or street line shall not be considered to be a front yard, and
any accessory structure placed in such yard shall comply with the applicable side yard
setbacks for the zoning district within which it is located.on the same lot with a building or
structure, extending the full width of the lot and situated between the street line and the
front line of the building or structure projected to the side lines of the lot. The depth of the
front yard shall be measured between the front line of the building or structure and the street
line.
YARD, PRIMARY FRONT
For principal structures located on corner lots, that portion of said corner lot which has
frontage upon one of the streets on which the lot is located and is identified as the primary
front yard on plans or by physical layout.
YARD, REAR
An unoccupied ground area fully open to the sky between the rear lot line and a line drawn
parallel thereto. on the same lot with a building or structure, extending the full width of the
lot and situated between the rear line of the lot and the rear line of the main building or
structure projected to the side lines of the lot. The depth of the rear yard shall be measured
between the rear line of the lot and the rear line of the main building or structure. In the case
of corner and through lots, as defined in this chapter, the rear lot line shall be opposite the
primary front lot line.
YARD, SECONDARY FRONT
Southold Town Meeting Agenda - March 23, 2021
Page 23
For principal structures located on corner lots, that portion of a corner lot which has
frontage upon one the streets on which the lot is located and which not identified as the
primary front yard, shall be deemed the secondary front yard.
YARD, SIDE
An unoccupied ground area fully open to the sky between any property line other than a
street or rear lot line and a line drawn parallel thereto between the front and rear yards. on
the same lot with a building or structure, extending from the rear line of the front yard to the
front line of the rear yard and situated between the side line of the main building or
structure and the adjacent side line of the lot. In the case of corner lots, as defined in this
chapter, lot lines opposite a secondary front lot line shall be deemed a side yard and shall
have a minimum width equal to the minimum side yard requirements of the zoning district
in which located.
§ 280-105 Height of fences, walls and berms.
Fences, walls or berms may be erected and maintained, subject to the following height
limitations:
A. When located in the front yard of residential zones, the same shall not exceed four feet in
height. When located in the front yard of nonresidential zones, the same shall not exceed
six feet in height.
B. When located in or along side and rear yards, the same shall not exceed 6 1/2 feet in height.
C. When located in or along a secondary front yard the same shall not exceed 6 1/2 feet in
height and shall be set back from the secondary front yard line no less than 10 feet.
DC. In residential and nonresidential zones, except properties/parcels engaged in bona fide
agricultural production, the installation of a deer exclusion fence may be permitted by
obtaining a building permit issued by the Building Inspector, subject to the following
criteria:
(1) When located in or along side and rear yards, the height of the deer exclusion
fence shall not exceed eight feet.
(2) When located in or along a secondary front yard the height of the deer fence shall
not exceed eight feet in height and shall be set back from the secondary front yard
line no less than 10 feet.
(2(3) Specifications for construction of deer exclusion fences:
(a) Fencing fabric: high-tensile, woven wire fence fabric with graduated
opening.
(b) Spacing between posts: 20 feet.
(4) Deer fencing is prohibited in or along the front yard or primary front yard of any
property.
§ 280-106 Corner lots.
A. On a corner lot, front yards are required on both street frontages, and one yard other than
the front yard shall be deemed to be a rear yard, and the other or others side yards.
AB. On all corner lots, berms, walls, fences and hedges or any other potential obstruction to
vision shall not exceed a height of 2 1/2 feet above the average street level within an
isosceles triangle having thirty-foot sides along each street to preserve sight lines for traffic.
Southold Town Meeting Agenda - March 23, 2021
Page 24
§ 280-124 Nonconforming lots.
A. This section is intended to provide minimum standards for granting of a building permit for
the principal buildings of lots which are recognized by the Town under § 280-9, are
nonconforming and have not merged pursuant to § 280-10.
B. Such lot shall be required to meet the following:
Area (square feet) Lot Coverage Front (feet) Side (feet) Yard Both Rear (feet)
Sides (feet)
200,000 to 399,999 5% 60 30 60 100
120,000 to 199,999 10% 60 30 60 85
80,000 to 119,999 20% 60 20 45 75
60,000 to 79,999 20% 55 20 45 75
40,000 to 59,999 20% 50 20 40 60
20,000 to 39,999 20% 40 15 35 50
Less than 20,000 20% 35 10 25 35
C. Nonconforming lots with primary and secondary front yards shall be required to meet the
following:
Area (sq feet) Primary Front yard Secondary Front yard Side yard
Less than 20,000 35 25 (15) 10
20,000 to 39,999 40 30 (20) 15
Southold Town Meeting Agenda - March 23, 2021
Page 25
ZONING
280 Attachment 3
Town of Southold
Bulk Schedule for Residential Districts
Column No. i ii iii Iv v vi vii ix x xi xii
District A-C R-40 R-80 R-120 R-200 R-400 HD RR RO Residential 2-Family
Unit where Detached
community Dwellings
water and in R-80
sewer District
available
Maximum requirements for 1-family detached Dwellings
Lot size (square feet) 80,000 40,000 80,000 120,000 200,000 400,000 20,000 20,000 40,000 10,000 160,000
Lot width (feet) 175 150 175 200 270 270 75 75 150 60 270
Lot Depth (feet) 250 175 250 300 400 400 120 120 175 80 400
Front yard (feet) 60 50 60 60 60 60 35 35 50 30 60
Primary Front yard (feet) 60 50 60 60 60 60 35 35 50 30 60
Secondary front yard (feet) 40 35 40 40 40 40 25 25 35 20
Side yard (feet0 20 15 20 30 30 30 15 15 15 15 30
Both side yards (feet) 45 35 45 60 60 60 30 30 35 30 60
Rear Yards (feet) 75 50 75 85 100 100 35 35 50 30 85
Livable floor area (square feet 850 850 850 850 850 850 850 850 850 850 850
per dwelling)
Maximum permitted dimensions:
Lot coverage (percent) 20 20 20 10 5 5 25 25 20 25 10
Building height (feet) 35 35 35 35 35 35 35 35 35 35 35
Number of stories 2 ½ 2 ½ 2 ½ 2 ½ 2 ½ 2 ½ 2 ½ 2 ½ 2 ½ 2 ½ 2 ½
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 after filing with the Secretary of State as provided by law.
Vote Record - Resolution RES-2021-234
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
James Dinizio Jr
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
Southold Town Meeting Agenda - March 23, 2021
Page 26
2021-235
CATEGORY: Local Law Public Hearing
DEPARTMENT: Town Attorney
PH 5/18 7:01 Pm Chapter 280 - Accessory Recreational Uses
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk
th
County, New York, on the 23 day of March, 2021, a need for amendments to the zoning code;
and
WHEREAS, it has been presented a Local Law entitled “A Local Law in relation to an
Amendment to Chapter 280, Zoning” 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
18th day of May, 2021 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
280, Zoning” reads as follows:
LOCAL LAW NO. 2021
A Local Law entitled, “A Local Law in relation to an Amendment to Chapter 280, Zoning”.
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose.
The purpose of this local law is to address issues concerning accessory recreational uses.
II. Chapter 280 of the Code of the Town of Southold is hereby amended to include the
underlined words as follows:
§ 280-13 Use regulations.
In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no
building or part of a building shall be erected or altered which is arranged, intended or designed
to be used, in whole or in part, for any uses except the following:
C. Accessory uses, limited to the following uses and subject to the conditions listed in § 280-
15 herein:
(15) Recreational uses.
A. Permitted recreational uses include, but are not limited to, uses such as tennis
courts; pickleball courts; volleyball courts; paddleball courts; basketball courts;
shuffleboard courts; playgrounds; jogging; hiking; outdoor ice skating rinks; outdoor
skateboard/roller skate facilities; football, baseball, soccer playing fields, and the like,
Southold Town Meeting Agenda - March 23, 2021
Page 27
provided the following criteria are met:
(1) the use is accessory to a community center or other not-for-profit use;
(2) the recreational use is located on, or within 200 feet of, the parcel with the
principle use;
(3) the use shall be for the use of the general public;
(4) the subject property on which the recreational use is to be located must be
owned by a community center or similar not-for-profit corporation, or subject
to a lease by the community center or not-for-profit corporation for a period of
not less than 10 years;
(5) the recreational use shall be subject to special exception approval by the
Zoning Board of Appeals;
(6) the following activities are prohibited:
a. private events, leagues, private clubs, organization activities or other
uses which exclude participation by the general public
b. the charging of a fee for use of the facility
c. Retail sales, including the sale of food
d. Outdoor lighting
(7) the following shall be permitted as part of the recreational use:
a. benches
b. viewing stands;
c. Kiosks
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 after filing with the Secretary of State as provided by law.
Vote Record - Resolution RES-2021-235
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
James Dinizio Jr
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
Southold Town Meeting Agenda - March 23, 2021
Page 28
2021-236
CATEGORY: Committee Appointment
DEPARTMENT: Town Clerk
Appointment to Transportation Commission
RESOLVED that the Town Board of the Town of Southold hereby appoints Charles Gueli as
a member of the Transportation Commission, effective immediately.
Vote Record - Resolution RES-2021-236
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
James Dinizio Jr
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2021-237
CATEGORY: Enact Local Law
DEPARTMENT: Town Clerk
Enact LL Chapter 26, Ethics, Historic Preservation Commission
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk
th
County, New York, on the 23 day of February, 2021, a need for amendments to the ethics code;
and
WHEREAS, it has been presented a Local Law entitled “A Local Law in relation to an
Amendment to Chapter 26, Ethics” 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 an Amendment to Chapter 26, Ethics” reads as
follows:
LOCAL LAW NO. 2021
Southold Town Meeting Agenda - March 23, 2021
Page 29
A Local Law entitled, “A Local Law in relation to an Amendment to Chapter 26, Ethics”.
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose.
The purpose of this local law is to increase the levels of participation on the Historic
Preservation Commission.
II. Chapter 26 of the Code of the Town of Southold is hereby amended to include the
underlined words and remove the struck through words as follows:
§ 26-16 Exclusion from Code of Ethics.
The provisions of Article II shall not prohibit or require recusal as a result of the following:
A. An action specifically authorized by statute, rule or regulation of the Town of Southold,
the State of New York or of the United States.
B. A ministerial act.
C. Gifts:
(1) Received by the Town officer or employee from his or her parent, spouse or child.
(2) Having an aggregate value of $500 or less during any twelve-month period.
(3) Accepted on behalf of the Town and transferred to the Town.
D. Gifts or benefits having a value of $100 or less that are received by a Town officer or
employee listed in § 11 of the Domestic Relations Law for the solemnization of a
marriage by that officer or employee at a place other than his or her normal place of
business or at a time other than his or her normal hours of business.
E. Awards from charitable organizations.
F. Receipt of Town services or benefits or use of Town facilities that are generally
available on the same terms and conditions to residents or a class of residents in the
Town.
G. Representation of constituents by elected officials without compensation in matters of
public advocacy.
H. Members of the Historic Preservation Commission, that hold professional licenses,
appearing on behalf of and/or representing others before Town boards, commissions,
committees, or departments, provided that the subject matter of the appearance or
representation is not also within the jurisdiction of the Historic Preservation
Commission.
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 after filing with the Secretary of State as provided by law.
Southold Town Meeting Agenda - March 23, 2021
Page 30
Vote Record - Resolution RES-2021-237
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
James Dinizio Jr
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2021-238
CATEGORY: Enact Local Law
DEPARTMENT: Town Clerk
Enact LL Chapter 26, Ethics, Political Activities on Town Properties
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk
th
County, New York, on the 23 day of February, 2021, a need for amendments to the ethics code;
and
WHEREAS, it has been presented a Local Law entitled “A Local Law in relation to an
Amendment to Chapter 26, Ethics” 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 26, Ethics” reads as
follows:
LOCAL LAW NO. 2021
A Local Law entitled, “A Local Law in relation to an Amendment to Chapter 26, Ethics”.
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose.
The purpose of this local law is to prevent political activities on Town properties.
II. Chapter 26 of the Code of the Town of Southold is hereby amended to include the
Southold Town Meeting Agenda - March 23, 2021
Page 31
underlined words and remove the struck through words as follows:
§ 26-2 Definitions.
Unless otherwise stated or unless the context otherwise requires, when used in this chapter the
terms herein shall have the meanings indicated:
CONTRACT - As defined in Article 18 of General Municipal Law, any claim, account or
demand against or agreement with the Town, express or implied.
CONSULTANT - Any individual, association, partnership or corporation or any employee or
agent thereof who has been retained to assist any board or agency in the discharge of its duties.
“Consultant” shall also include any business partner, employer or members of the consultant's
firm or company.
POLITICAL ACTIVITIES - Any activities related to partisan politics, including but not
limited to; recruiting, solicitation for fundraising, purchasing fundraiser tickets, circulating and
signing designating petitions, and distributing campaign literature and products, invoking
political reprisals, and any action that uses political influence to affect the duties and
responsibilities of any officer or employee of the Town.
POLITICAL PARTY COMMITTEE - Any corporation or committee which operates to aid or
promote the success or defeat of a political party and/or the election or defeat of any candidate,
within the Town of Southold.
RELATIVE - A spouse, former spouse, domestic partner, child, stepchild, son or daughter-in-
law, brother, sister, parent, brother or sister-in-law, parent-in-law, niece or nephew, or parent of
the Town officer or employee or a person claimed as a dependent on the Town officer's or
employee's latest individual state income tax return.
SUPERVISOR OF A TOWN OFFICER OR EMPLOYEE - Any other Town officer or
employee who has direction or control, either directly or indirectly, over the activities of that
Town officer or employee.
ARTICLE II
RULES OF CONDUCT
§ 26-5 General prohibition.
A. A Town officer or employee shall not use his or her official position or office, or take or fail
to take any action, in a manner which he or she knows or has reason to know may result in
compensation for any of the following persons:
(1)A. The Town officer or employee.
(2)B. His or her outside employer or business or that of a member of his or her
household.
(3)C. A member of his or her household.
(4)D. A customer or client.
(5)E. A relative.
B. Consultants.
(1) Except as provided in Subsection B(2), (3) and (4) below, to avoid potential
conflicts of interest, a Town consultant shall not appear on behalf of any other
client before the Town or any agency thereof during the period of service to the
Town by the consultant. The Town shall specify the restriction in any written
contracts entered into between the Town and consultants. However, failure of the
contract to state the restriction shall not affect the enforcement of this section of
Southold Town Meeting Agenda - March 23, 2021
Page 32
the Town’s Ethics Code.
(2) The restrictions contained in this chapter shall not apply to consultants which:
(a) Operate a business located within the Town and have been retained by the
Town to perform a contract valued at $25,000 or less; or
(b) Have a written contract with the Town in which the Town Board has
expressly authorized an exemption for the consultant from the provisions of
the Town’s Ethics Code; or
(c) Have received a special waiver from the Town’s Ethics Board pursuant to
Subsection B(4) of this section.
(3) Nothing in this subsection shall be construed to prohibit a consultant from:
(a) Appearing on his own behalf, or on behalf of the Town, before a Town
agency.
(b) Seeking or obtaining a ministerial act from an administrative officer; or
(c) Receiving a Town service or benefit, or using a Town facility, on the same
terms on which such service, benefit or facility is available to the public.
(4) Special waiver. A consultant may make appearances before Town agencies
otherwise prohibited by this section, upon written approval of the Ethics Board and
the consent of the involved Town agencies. The Ethics Board shall consider such
approval on a case-by-case basis taking into account for such findings the
following criteria:
(a) The general expertise of the consultant.
(b) The expertise of the consultant vis a vis the particular matter.
(c) The extent of the consultant's involvement both for the Town and for the
private client(s).
(d) The extent of the fees, past or future, to be paid to the consultant by the
Town.
(e) The impact such appearances may have on the public trust.
(f) The statement of necessity from the involved Town agency.
(g) Such findings shall be detailed in writing by the Ethics Board and filed with
the office of the Town Clerk.
§ 26-12 Political Solicitation Activities Prohibited.
A Town officer or employee shall not knowingly request, or knowingly authorize anyone else to
request, any subordinate of the officer or employee to participate in any election campaign or
contribute to a political committee.
A. No person shall engage in any political activities on any Town premises at any time. Such
prohibited activities include but are not limited to the following:
(1) Sales or purchases of tickets to political events.
(2) Discussion of tickets to political events.
(3) Solicitation to join a political party or activity.
(4) Discussion of promotions or transfers or changes of assignments or compensation on
the basis of any political considerations.
(5) Solicitation of funds or goods or services for political purposes.
(6) Use of Town taxpayer-funded equipment, computers, Internet, email, telephones and
supplies for political activity.
Southold Town Meeting Agenda - March 23, 2021
Page 33
B. No person having supervisory control or who is superior in title to any official or employee
of the Town shall engage in any of the following actions with subordinates at any time on or
off Town premises:
(1) Discussion of or solicitation of ticket purchases or sales.
(2) Solicitation to join a political party or political activity.
(3) Use of political considerations in discussing duties, positions, compensation, changes
in titles or work assignments.
(4) Use of political considerations as the reason for promotions, assignment changes,
demotions or termination.
§ 26-13 Restriction on elected official or member of board.
No elected official or member of the Town Board, Planning Board, Zoning Board of Appeals,
Board of Ethics, Board of Assessment Review or the Town Attorney shall be a committeeman or
committeewoman, alternate committeeperson, or the officer of a political party committee.
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 after filing with the Secretary of State as provided by law.
Vote Record - Resolution RES-2021-238
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
James Dinizio Jr
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
VI. PUBLIC HEARINGS
1. PH 3/23/21 7:01 PM Chapter 26, Ethics, Historic Preservation Commission
2. PH 3/23/21 7:01 PM Chapter 26, Ethics, Politics