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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