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HomeMy WebLinkAboutLL #04 2021 STATE OF NEW YORK v DEPARTMENT OF STATE ONE COMMERCE PLAZA ANDREW M. CUOMO 99 WASHINGTON AVENUE GOVERNOR ALBANY,NY 12231-0001 RoSSANA RoSADO WWW.DOS.NY.GOV SECRETARY OF STATE April 1, 2021 J RECEIVED Lynda M. Rudder Deputy Town Clerk APR v 9 2021 Town Hall, 53095 Main Road Southhold NY 11971 Southold Town Clerk RE: Town of Southold, Local Law 4 & 5 2021, filed on March 29, 2021 Dear Sir/Madam: The above referenced material was filed by this office as indicated. Additional local law filing forms can be obtained from our website, www.dos.ny.gov. Sincerely, State Records and Law Bureau (518) 473-2492 NEW YORK Department STATE OF OPPORTUNITY. of State Rudder, Lynda From: ersupp <ersupp@generalcode.com> Sent: Friday, March 26, 2021 12:18 PM To: Rudder, Lynda Subject: RE: Emailing: LL#5.docx, LL#4.docx Thank you for your e-mail. If you are sending legislation for your Code project or your next Code supplement, it will be processed in the usual manner. All other messages will be forwarded to the appropriate person, who will respond to your inquiry as soon as possible. If you have any questions, please do not hesitate to call or e-mail Customer Service. General Code 1-800-836-8834 ersupp@generalcode.com i lr�'%Iafrot/r 4419, ELIZABETH A.NEVILLE,MMC �� Town Hall,53095 Main Road TOWN CLERK ® P.O.Box 1179 Southold,New York 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 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 26, 2021 Priority Mail Express -E-E 18 6 316 719 U S RE: Local Law No. 4 & 5 of 2021 Town of Southold, Suffolk County New York State Department of State State Records & Law Bureau One Commerce Plaza 99 Washington Avenue Albany,NY 12231 Dear Sir/Madam: In accordance with provisions of Section 27 of the Municipal Home Rule Law, I am enclosing herewith certified copies of Local Law No. 4 & 5 of 2021 of the Town of Southold, suitable for filing in your office. I would appreciate if you would send me a receipt indicating the filing of the enclosures in your office. Thank you. Very truly yours Lynda M Rudder Deputy Town Clerk Enclosures cc: Town Attorney Southold Town Board - Letter Board Meeting of March 23, 2021 RESOLUTION 2021-237 Item # 5.28 yap•+ <a�°` ADOPTED DOC ID: 16919 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2021-237 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 23, 2021: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 23h 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. 4 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 increase the levels of participation on the .111 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. Generated March 25, 2021 Page 44 Southold Town Board - Letter Board Meeting of March 23, 2021 (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. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER:Louisa P. Evans, Justice AYES: Nappa, Dinizio Jr, Doherty, Ghosio, Evans, Russell Generated March 25, 2021 Page 45 SOUTHOLD TOWN BOARD PUBLIC HEARING March 23, 2021 7:00 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilwoman Jill Doherty Councilman James Dinizio, Jr. Councilman Bob Ghosio, Jr. Councilwoman Sarah Nappa Town Clerk Elizabeth Neville Town Attorney William Duffy This hearing was opened at 7:43 PM COUNCILWOMAN DOHERTY: NOTICE IS HEREBY GIVEN,that there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 23' day of February, 2021, a need for amendments to the ethics code; and NOTICE IS HEREBY GIVEN, it has been presented a Local Law entitled "A Local Law in relation to an Amendment to Chapter 26,Ethics" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the 23 `'day of March,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 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 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: Public Hearing—Amendments to Chapter 26, Ethics, HPC March 23, 2021 page 2 § 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. I have notification that this was advertised in the Suffolk Times and was posted on the town website and the Town Clerk's bulletin board and that is it. SUPERVISOR RUSSELL: Would anyone like to address the Town Board on this local law? MERYL KRAMER: I just want to make sure I am speaking at the right time now, which I think I am. Now that we are in the public hearing, I should state my concerns again. Public Hearing—Amendments to Chapter 26, Ethics, HPC March 23, 2021 page 3 SUPERVISOR RUSSELL: Yes, it, both will be part of the public record but for the purpose of the public hearing, you should reiterate what you had said earlier. MS. KRAMER: Okay, so I will try to be brief. My, I think that the recommendations for the revisions in the code are very helpful and definitely a great step forward, my concern is that it doesn't necessarily go far enough, I understand that you cannot vote on an application before a board that one sits on but I am wondering if there is another way to do something to allow a practicing member of architecture or a professional that would present to the board to also sit on that board, with regard to Historic Preservation Commission, architects are very helpful, I think, to a board like that and not being able to have anybody who is a working, active professional who is actually working and living in the community is a problem and I am wondering if you could have something like a recusal rather than not being able to have any, I am not sure how I am trying to say this, I sat on a board in Greenport for I I years on the Historic Preservation Commission with another architect and we were able to receive and give criticism in a professional way without being biased because one another were on the commission. We were able to maintain ethics because we have an ethics code that we have to obey as a licensed architect in the State of New York. And so, and other, I think by having this, having the code written the way it is proposed and not allowing someone to participate and be an asset to the commission is problematic. COUNCILWOMAN DOHERTY: So Merylz I am not sure, let me just clarify, the way we have the code written, the intent is someone like you would be able to be on the board but you wouldn't be able to be a consultant in front of the board for somebody with a historic house. But you would be able to be a consultant for any other project in the town, going before any other board. MS. KRAMER: Right. So I did speak with the Town Attorney just to clarify that and that I think is wonderful however, I also have projects are historic properties, mostly in Orient village for example. I was told that if I sat on the board I would either have to resign or remove those clients from my possible repertoire. And you know, I enjoy working on those projects, I find them very gratifying. I like to be able to participate in the process of preserving old structures and having them used for, you know, for people in todays world and without that aspect of my business, I think it would be, you know, I would be unfortunate not to be able to be involved in projects like that, so therefore that means I can't be on the commission. Inaudible. SUPERVISOR RUSSELL: I understand your concerns and it is very difficult to get people, frankly with the qualifications you have, to serve on the Historic Preservation Commission,the problem is the town took the ethics code as far as it could but we are specifically prohibited from the town law of the State of New York, from allowing board members to represent clients before their own boards, recusal not withstanding. They are specifically prohibited by town law under the State of New York and under our ethics code, can't contravene New York State law. MS. KRAMER: And also can't obviously hire a consultant to present because that would be, you know, if you have a financial interest in a project you can't be on.... SUPERVISOR RUSSELL: You are specifically prohibited from representing. Public Hearing—Amendments to Chapter 26, Ethics, HPC March 23, 2021 page 4 MS. KRAMER: So I just wanted to kind of officially say because I did have a dialogue with the current commissioners about this because we have gone through this now twice and I do think that you know, this goes a huge direction forward because before this revision I wouldn't have been able to present to Zoning Board or Trustees or Planning, so now at least that option is certainly there and perhaps will open up the commission to,other professionals who maybe don't have historic projects but I do have intimate knowledge of historic projects and the challenges that they present. This is very particular to me, personally, but I am sure there are other practicing architects that this could effect. I can't imagine how it wouldn't. So you are basically seeking out, if you want an architect on your commission who has the professional expertise and experience, you have to have someone who is either retired or doesn't have any historic projects in the Town of Southold I guess. SUPERVISOR RUSSELL: Any project that would be subject to the review of the Historic Preservation Commission. Landmark properties both in the district and individual. But again, we can't waive that, that is New York State town law. Board members are prohibited from representing people before the very board they sit on. It is by state law. We can't change that. COUNCILWOMAN NAPPA: Can I get a clarification because I think I am a little, not sure if we are talking about the same thing. Like this particular person, Ms. Kramer, she has projects that are, you know, past projects not current projects that are in front of the HPC, she could still sit on the HPC as the architect consultant, is that correct? SUPERVISOR RUSSELL: If you have any applications pending before the HPC, then no, she couldn't serve on that commission until those projects are resolved. COUNCILWOMAN NAPPA: I guess, maybe she can clarify, so it sounds like maybe past projects are influencing this, but that's not correct? MS. KRAMER: Oh, no. I don't think so. COUNCILWOMAN NAPPA: Okay, so you are just talking about current projects that you have that would require HPC overview? COUNCILWOMAN DOHERTY: She is talking about current and future. MS. KRAMER: Yes, this is a chunk of my business that I don't want to turn away from, I think it gives me both professional satisfaction and a well-rounded business. I also think the other thing, Scott, that you mentioned was projects that are landmarks, or within the landmark district, I have got a couple of projects that are actually designated on the town's list but that aren't subject to Historic Preservation Commission review. Do you have any idea whether those would also qualify? SUPERVISOR RUSSELL: If they are listed in the town code, then they are presumed to be part of the Historic Preservation Commissions authority. Otherwise they wouldn't... Public Hearing—Amendments to Chapter 26, Ethics, HPC March 23, 2021 page 5 MS. KRAMER: I thought so too, I thought so too but apparently that's not the case, Mike Verity verified this for me. SUPERVISOR RUSSELL: They are projects that are not subject to review by the Historic Preservation Commission? MS. KRAMER: Yes, even though they have a little landmark sheet with a photograph and everything. SUPERVISOR RUSSELL: Are you talking about the SPLIA file? MS. KRAMER: Maybe it's the SPLIA file but it said Town of Southold inventory. SUPERVISOR RUSSELL: Yes, that's what is called the SPLIA file, the Long Island, Society for the Preservation of Long Island Antiquities, did a survey back in the 1980's, there is about 1200-1500 properties on there, many of them, if not most are actually not under the jurisdiction of the HPC. MS. KRAMER: Okay. Then those... SUPERVISOR RUSSELL: They are fair game. MS. KRAMER: That helps. Okay, so we'll see how things go but for the present, I personally won't be able to participate and you know, I just told the commission that of course, I regretted that but that I wouldn't be able to participate but I would at least speak to the Board and express my sentiments but I completely understand how you are bound by the State of New York laws, you can't change that. Thank you for hearing me. SUPERVISOR RUSSELL: Thank you. Would anyone else like to comment on this public hearing? TOM STEPHENSON: Hello, alright,just a question, did I miss just the general...or is there still.... COUNCILWOMAN DOHERTY: We are in the middle of a public on Board of Ethics.... MR. STEPHENSON: Yeah. SUPERVISOR RUSSELL: We are still in the public hearing for the amendment for the Board of Ethics to allow for someone with a professional license to serve on the Historic Preservation Commission. MR. STEPHENSON: Yeah, I have comments on that and I have comments that aren't related to that. Public Hearing—Amendments to Chapter 26, Ethics, HPC March 23, 2021 page 6 SUPERVISOR RUSSELL: We will take the comments now on the proposed legislation then once we close the hearing and we get into the open mic portion, then we will take your other comments. MR. STEPHENSON: Got it. Thank you. I just want to not mess up your meeting here. Here are my comments, I am in favor of tightening ethics codes, in these ethically challenged times, not loosening them. As was mentioned at last months board meeting, I think changing the code for potentially one person in this town is dangerous territory. Historic Preservation only required one licensed architect, the rest of the people just have to have a deep interest in historic preservation, so possibly you can train people that have that interest and you could avoid that conflict in that way because they are not going to be representing clients in front of the HPC or in any other board in the town. Is it legal in New York to make this exception, another one, I just want to read you 26-3 which is the goal of the ethics code, "town officials and employees must exercise their official duties solely in the public interest and must avoid conflicts of interest or the appearance of conflicts of interest to the greatest extent possible" that's the goal. Obviously as it was mentioned, simply recusal would not accomplish the goal of avoiding the conflict, we already have that but also commission meetings are public and input can be taken from the public without being on the commission. Maybe that's another way to get opinions about a project from people not on the commission. I don't know. There's got to be another solution besides changing the ethics code. Hiring outside consultants that don't do work in this town, I know it would cost some money maybe you could do a trade, you look at our projects with your trained people and we'll look at yours and then we avoid that conflict. That's what I got. Thank you for listening to me. SUPERVISOR RUSSELL: Thank you. Would anyone else like to address the Town Board on this public hearing? MARIELLA OSTROSKI: My name is Mariella Ostroski, I am on the Historic Preservation Commission. And in the process of putting a person through the growth of getting their permit, we have to follow a certain protocol. Histories is our vision and our mission, so in order to follow that vision and mission, we need to have professionals who have a passion for the subject of historic preservation. When they have that passion, they can find alternatives to things that will help a client. Inaudible. But the point is, we really are there to serve, we really are there to find the best and most economical way for them to be successful and also fit in with what is the historic district. So how do we respectfully do that if you don't have continuity of service? You can't get any business or any organization the continuity that you offer, that becomes the standard procedure, is the fairest way for a person to get their result. So we have tried to set that, every month we come a little closer to what could that standard could be. We have standard questions now that we make part of the application process, not that they have to answer each and every one but they have to know (inaudible) that is going to lead us to the conclusion that they need, that is within the realm of what is appropriate for their particular house. And the first question is, how old is your house? When was it built and there are many people that come that don't even have that answer. So then what do we do? If they don't have that answer and their architect doesn't have that answer,we have a site visit. And who do we take on that site visit? The architect. Why? Because they are the people with the know how. Now if you wanted to change what was the makeup or the model of your commission, you could do that, and you could hire people but at Public Hearing—Amendments to Chapter 26, Ethics, HPC March 23, 2021 page 7 some point you have to have your commission be the commission and they have to function fairly and appropriately with a common standard and so that's what the architects bring. There's a likelihood that the guy from another state is going to take this as a passion for developing or maintaining, I don't know. But if we can find someone who has the passion, like the person who is presently on and she's been on there forever and she would like to have some associate who has the same kind of passion, so that they are sharing the job. So that is what we are looking for. It isn't a matter of controlling people, it is helping facilitate their success. We call it (inaudible) in the historic district. I hope I am giving people a sense of how we do respect the people in the historic district,how we want them to be successful. And the most exciting thing is when someone comes back and says, you know the end result is I am happier with my plan than I ever was. How you helped me and my architect come to (inaudible). That's exciting and it does happen sometimes. That's all I have. SUPERVISOR RUSSELL: Just a clarification for everybody, the reason this law, we did change the law, it's actually, there was some difficulty on the part of the Town Board to decide whether we were going to amend the ethics code to allow for this but the circumstances are so unique here, we felt like we didn't have any other choice because we needed to make sure that there was at least a professional architect on that commission as a voting member. We can do the let's hire a consultant approach, the problem is that consultant would be in the same boat. They wouldn't be able to represent their clients before any of the other boards because again, they would be paid by the town. You can't be a client of the town and a client of a private representative. So, that probably wouldn't work either. So we felt like we had to make the change to accommodate for that professional insight and experience and at the same time, New York State law, I think I sent all of you the statute that spells out that specifically you would be prohibited by New York State. We can't undo that. The Villages or others that are acting in that manner, I can't speak to their governance, all I can say is New York State wouldn't allow it in any circumstance. There's no exceptions to that. Any other comments on this particular local law? MERYL KRAMER: Thank you. I just wanted to clarify one thing, I want to make sure that it is perfectly clear that I don't believe or mean to suggest that this proposed law had any direct correlation to me or my participation in the commission. I believe that this was a Town Board and commission issue because they couldn't get any local architects or any architects who were practicing in the Town of Southold or had projects in the Town of Southold to participate in the commission. I don't, and the person who and I don't recall his name, who had some really interesting ideas and some valid comments suggested that this was a code change for one person and I just wanted to make clear that I hadn't even been in touch with the commission about this until I saw, until we, this suggestion of a town code change was made. So it's not as is I have this lifelong burning desire to be on the Historic Preservation Commission and pushed for town code change, that's not the situation. So, I would like to be but I am satisfied with the New York State law and I never would suggest that the code be changed for my personal benefit or, anyway, I just wanted to clarify that. SUPERVISOR RUSSELL: Absolutely, Meryl knows how to get a hold of me and she had never contacted me to discuss this, this is more of a general need for a group that does need not just the passion for historic preservation but frankly for the insight, and architects and engineers bring that insight. Any other comments? Public Hearing—Amendments to Chapter 26, Ethics, HPC March 23, 2021 page 8 TOM STEPHENSON: I just wanted to clarify, the only reason I said it was for one person is the HPC only requires one architect, I was not referring to Meryl. SUPERVISOR RUSSELL: Okay. MR. STEPHENSON: I wasn't suggesting anything untoward, anything like that. SUPERVISOR RUSSELL: Thanks, Tom. MR. STEPHENSON: I am sorry if that's what that came across as but I was just saying the makeup of the HPC doesn't need to be all architects. It needs to be one trained architect in the field, one person in a historic district and the rest of the other 5, 6, 7 people on the commission would have to have a deep interest in historic preservation, if I am reading the code right. SUPERVISOR RUSSELL: Yes. MR. STEPHENSON: That's my only comment. SUPERVISOR RUSSELL: Thanks, Tom. Any other comments on this particular local law? (No response) This hearing was closed at 8:07 PM I Y� OLynd' M. Rudder Deputy Southold Town Clerk NEW YORK STATE DEPARTMENT OF STATE Division of Corporations,State Records and Uniform Commercial Code One Commerce Plaza,99 Washington Avenue Albany,NY 12231-0001 Local Law Filing (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. ❑ County ❑ City Q Town of SOUTHOLD ❑ Village Local Law No. 4 of the year 2021 . A Local Law entitled, A Local Law in relation to'an Amendment to Chapter 26, Ethics Be it enacted the Town Board of the: ❑ County ❑ City Q Town of SOUTHOLD ❑ Village 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 (If additional space is needed,attach pages the same size as this sheet,and number each.) 1 DOS-2394-1(Rev04/14) 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. 2 (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. 4 of 20 21 . of the (Town) of SOUTHOLD was duly passed by the TOWN BOARD on March 23 , 20 21 , in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval,no disapproval or re-passage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto,designated as local law No. of 20 of the(County)(City)(Town)(Village)of was duly passed by the on 20 , and was (approved)(not approved)(re-passed after disapproval)by the and was deemed duly adopted on 20 , in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was(approved)(not approved)(repassed after disapproval) by the on 20 . Such local law was submitted to the people by reason of a(mandatory)(permissive)referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on 20 , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved) (repassed after disapproval) by the on 20 Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 , in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county-wide basis or,If there be none,the chairperson of the county legislative body,the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. 3 DOS-239-f-1(Rev 04/14) 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the City of having been submitted to referendum pursuant to the provisions of section (36)(37)of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the(special)(general)election held on 20 , became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No of 20 of the County of State of New York, having been submitted to the electors at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed,please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript there from and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph 1 , above. Clerk of the County legislative body, City,Town or (Seal) Village Clerk or officer designated by local legislative body Elizabeth A.Neville,Town Clerk Date: March 26,2021 DOS-239-f-I(Rev.04/14) 4 RESO 2021- SUMMARY OF LL/AMENDMENT TO CHAPTER 26 "Ethics" THE PROPOSED LOCAL LAW FOR WHICH A PUBLIC HEARING IS BEING HELD THIS EVENING PROPOSES TO AMEND CHAPTER 26 OF THE TOWN CODE ENTITLED "ETHICS." THE PURPOSE OF THE PROPOSED LOCAL LAW IS TO STRENGTHEN THE TOWN'S ETHICS CODE BY ADDING DEFINTIONS AND MORE CLEARLY IDENTIFYING CONFLICTS OF INTEREST AND PROHIBITED POLITICAL ACTIVITIES. THE FULL TEXT OF THE PROPOSED LOCAL LAW IS AVAILABLE FOR REVIEW IN THE TOWN CLERK'S OFFICE AND ON THE TOWN'S WEBSITE LEGAL NOTICE (1) Received by the Town officer or employee NOTICE OF PUBLIC HEARING from his or her parent, spouse or child. (2) Having an aggregate value of$500 or less NOTICE IS HEREBY GIVEN,that there has during any twelve-month period. been presented to the Town Board of the Town (3) Accepted on behalf of the Town and of Southold, Suffolk County,New York, on the transferred to the Town. 23`h day of February, 2021,a need for D. Gifts or benefits having a value of$100 or amendments to the ethics code; and less that are received by a Town officer or employee listed in § 11 of the Domestic NOTICE IS HEREBY GIVEN, it has been Relations Law for the solemnization of a presented a Local Law entitled "A Local Law marriage by that officer or employee at a in relation to an Amendment to Chapter 26, place other than his or her normal place of Ethics" and business or at a time other than his or her normal hours of business. NOTICE IS HEREBY FURTHER GIVEN that E. Awards from charitable organizations. the Town Board of the Town of Southold will F. Receipt of Town services or benefits or use hold a public hearing on the aforesaid Local of Town facilities that are generally Law at Southold Town Hall, 53095 Main Road, available on the same terms and conditions Southold,New York, on the 23 d day of March, to residents or a class of residents in the 2021 at 7:01 p.m. at which time all interested Town. persons will be given an opportunity to be heard. G. Representation of constituents by elected The proposed Local Law entitled, "A officials without compensation in matters Local Law in relation to an Amendment to of public advocacy. Chapter 26,Ethics"reads as follows: H. Members of the Historic Preservation Commission that hold professional LOCAL LAW NO. 2021 licenses appearing on behalf of and/or representing_others before Town boards, A Local Law entitled, "A Local Law in commissions committees or departments, relation to an Amendment to Chapter 26, provided that the subject matter of the Ethics". appearance or representation is not also within the jurisdiction of the Historic BE IT ENACTED by the Town Board Preservation Commission. of the Town of Southold as follows: III. SEVERABILITY If any clause, sentence, paragraph, section, or I. Purpose. part of this Local Law shall be adjudged by any The purpose of this local law is to court of competent jurisdiction to be invalid,the increase the levels of participation on the judgment shall not affect the validity of this law Historic Preservation Commission. as a whole or any part thereof other than the part II. Chapter 26 of the Code of the Town of so decided to be unconstitutional or invalid. Southold is hereby amended to include the IV. EFFECTIVE DATE underlined words and remove the struck through This Local Law shall take effect after filing with words as follows: the Secretary of State as provided by law. § 26-16 Exclusion from Code of Ethics. The provisions of Article H shall not prohibit or Dated: February 23, 2021 require recusal as a result of the following: BY THE ORDER OF THE A. An action specifically authorized by SOUTHOLD TOWN BOARD statute, rule or regulation of the Town of Elizabeth A.Neville Southold,the State of New York or of the Southold Town Clerk United States. B. A ministerial act. C. Gifts: STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) LYNDA M RUDDER, Deputy Town Clerk of the Town of Southold,New York being duly sworn, says that on the 111h day of March , 2021, a notice of which the annexed printed notice is a true copy was affixed, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County,New York,to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold,New York. PH 3/23 7:01 pm—LL Chapter 26 Ethics - HPC Lynda M Rudder Southold Deputy Town Clerk Sworn before me this 111h day of March , 2021. Notary Public SABRINA M BORN Notary Public,State of New York No.01606317038,Suffolk Couqtj Commission Expires Dec.22,20 LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN,that there has been presented to the Town Board of the Town of Southold,Suffolk County,New York,on the 23th day of February,2021,a need for amendments to the ethics code;and NOTICE IS HEREBY GIVEN,it has been presented a Local Law'entitled"A Local Law in relation to an Amendment to Charter 26 Ethics"and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of ` ` y Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall,53095 Main Road,Southold,New York,on the 23rdday of = March,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 Charter 26.Ethics"reads as follows: CDcu o LOCAL LAW NO.2021 CL ^' A Local Law entitled,"A Local Law in relation to an Amendment to Charter 26,Ethics' BE IT ENACTED by the Town Board of the Town of Southold as follows: N I.Purpose. . c 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 r include the underlined words and remove the struck through words as 77 follows: §26-16 Exclusion from Code of Ethics. The provisions of Article II shall not prohibit or require recusal as a result of r*+ the following: - A.An action specifically authorized by statute,rule or regulation of the 0 Town of Southold,the-State of New York or of the United States. 9: B.A ministerial act. Un 4. C.Gifts: (1)Received by the Town officer or employee from his or her parent, i 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 rD 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 r generally available on the same terms and conditions to residents or a CL class of residents in the Town. G.Representation of constituents by elected officials withoutQJ compensation in matters of public advocacy. • H Members of the Historic Preservation Commission,that hold professional licenses appearing on behalf of and/or representing i • others before Town boards commissions.committees.or departments provided that the subject matter of the appearance or representation js 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. Dated.February 23,2021 BY THE ORDER OF THE SOUTHOLD TOWN BOARD • Elizabeth A.Neville Southold,Town Clerk t 'imes.com I O @thesuifolktimes The Suffolk Times Placed by the New York Press Service NYPublicNotices@nynewspapers.com (518)250-4194 ORDER CONFIRMATION - Desc: LEGAL NOTICENOTICE O Account: SOUTHOLD TOWN BOARD PO: Email: lynda.rudder@town.southold.ny.us Phone: 631-765-4333 Price: 122.22 Run'Date(s): 3/18/2021 Col: 2 Inches: 7.31 Runs: 1 Affidavit: 1 Order No: 401 c1 c4 LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 23th day of February, 2021, a need for amendments to the ethics code; and NOTICE IS HEREBY GIVEN, it has been presented a Local Law entitled "A Local Law in relation to an Amendment to Chapter 26. Ethics" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 23rdday of March, 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 Chanter 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 increase the levels of participation on the Historic Preservation Commission. ll. 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. Dated: February 23, 2021 BY THE ORDER OF THE SOUTHOLD TOWN BOARD Elizabeth A. Neville Southold Town Clerk Southold Town Board -Letter Board Meeting of February 23, 2021 RESOLUTION 2021-178 Item# 5.35 y3pl �F ADOPTED DOC ID: 16863 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2021-178 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 23,2021: WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 23h 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"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 23rd day of March, 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 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 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. Generated February 24, 2021 Page 46 �r Southold Town Board -Letter Board Meeting of February 23, 2021 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. � ons Elizabeth A. Neville Southold Town Clerk Generated February 24, 2021 Page 47 +• 1 Southold Town Board- Letter 'Board Meeting of February 23, 2021 RESULT: ADOPTED [UNANIMOUS] MOVER: Sarah E.Nappa, Councilwoman SECONDER:Jill Doherty, Councilwoman AYES: Nappa, Dinizio Jr, Doherty, Ghosio, Evans, Russell Generated February 24, 2021 Page 48 Rudder, Lynda From: NY Public Notices Team <noreply-nyps@themistechnology.com> Sent: Wednesday, March 10, 2021 2:42 PM To: Rudder, Lynda Cc: NYPublicNotices@nynewspapers.com Subject: Notice created(The Suffolk Times). Confirmation Id: 401 c1c41-7d93-446b-8cf5-0bb9a84e4975 Attachments: Confirmation.pdf Thank you for submitting your publication request for The Suffolk Times via our online portal. Please review the attached confirmation/proof and advise us of any changes that need to be made by replying to all on this email. Please make sure to include NYPublicNotices@nynewspapers.com on all email correspondences, so our support team can properly assist you. Please note your Confirmation ID: 401cic41-7d93-446b-8cf5-Obb9a84e4975 Public Notices Team NY Press Service I FBO The Suffolk Times 621 Columbia St. Ext, Ste 100 Cohoes,NY 12047 518-250-4194 NYPublicNoticesgn newspapers.com ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. i