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HomeMy WebLinkAboutTB-07/14/2020 ELIZABETH A.NEVILLE ��S13FF01 Town Hall, 53095 Main Road TOWN CLERK �o o�y� PO Box 1179 y Southold,NY 11971 REGISTRAR OF VITAL STATISTICS oy Fax(631)765-6145 MARRIAGE OFFICER �o!, .�a� Telephone: (631)765- 1800 RECORDS MANAGEMENT OFFICER southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING July 14, 2020 1:00 PM A Regular Meeting of the Southold Town Board was held Tuesday, July 14, 2020 at the Meeting Hall, Southold,NY. PURSUANT TO EXECUTIVE ORDER 202.1 OF NEW YORK GOVERNOR ANDREW CUOMO IN-PERSON ACCESS BY THE PUBLIC WILL NOT BE PERMITTED. A RECORDING OF THE MEETING WILL AIR ON CHANNEL 22 AND WILL BE POSTED ON THE TOWN'S WEBSITE. Call to Order 1:00 PM Meeting called to order on July 14, 2020 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name` - Organization ' ,� Title :Statas' .¢a. Arripged _ F _ Sarah E. Nappa Town of Southold Councilwoman _ Remote—.---, James emote _— James Dinizio Jr Town of Southold Councilman Absent Jill Doherty _ _Town of Southold Councilwoman Present _ Robert Ghosio , Town of Southold` Councilman Present Louisa P. Evans Town of Southold Justice Remote _ Scott A. Russell Town of Southold Supervisor Present Elizabeth A. Neville Town of Southold Town Clerk Present William M Duffy Town of Southold Town Atrto Present I. Reports 1. Town Clerk Monthly Report 1. Department of Solid Waste Monthly Report 2. Justice Court Reports Southold Town Board Regular Meeting July 14, 2020 page 2 II. Public Notices III. Communications IV. Discussion 1. 9:30 AM Karen McLaughlin and Denis Noncar-row 2. 9:00 AM Don Wilcenski, Mary Eisenstein, Heather Lanza and Mark Terry 3. 9:45 AM Melissa Spiro 4. Justice Evans 5. Councilman Dinizio 6. Town Attorney 7. Town Attorney 8. Town Attorney 9. New Trailer Permit Application 10. EXECUTIVE SESSION-LABOR Matters Involving the Employment of a Particular Person(S) 11. EXECUTIVE SESSION- LABOR Matters Involving Collective Negotiations 12. EXECUTIVE SESSION -LABOR Matters Involving the Empolyment Histories of a Particular Person(S) Pledge to the Fla14 Opening Comments Supervisor Scott A. Russell SUPERVISOR RUSSELL: Please rise for the Pledge. Let me ask our moderator is there anyone who has joined the meeting who would like to comment on any of the agenda items? (No response) V. Resolutions 2020-414 CATEGORY. Audit DEPARTMENT.• Town Clerk Southold Town Board Regular Meeting July 14, 2020 page 3 Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated July 14 2020. Vote,Record-Resolution RESn2020=414 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye j No/Nay Abstain Absent— ❑ Tabled ❑ Withdrawn Sarah E Nappa Voter Q ; ❑ ❑ ❑ - ---- -- ------ -- -- - - - --- - ----- ❑ Supervisor's Appt James Dmizio Jr Voter ❑ � ❑ � ❑ � Q ❑ Tax Receiver's Appt Jill Doherty Voter � Q � - ❑ � ❑ ❑ - - - - ----- - - - - - - ❑ Rescinded Robert Ghosio Seconde Q ❑ ❑ ! ❑ ❑ Town Clerk's Appt Louisa P Evans Mover Q ❑ ❑ ( ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2020-415 CATEGORY.• Set Meeting DEPARTMENT.• Town Clerk Set Next Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, July 28 2020 at the Southold Town Hall Southold New York at 3:00 P. M. YV Vote.Record,=,Resolution�RES-2020-415�>>, .• Q Adopted ❑ Adopted as Amended ❑ Defeated --- ------ ----I ---- — 1_--.—_ ❑ Tabled Yes/Aye i No/Nay Abstain ; Absent -- � — ❑ Withdrawn Sarah E.Nappa Voter Q '; ❑ ❑ ❑ James Dimzio Jr Voter ❑ ' ❑ ❑ �_ Q ❑ Supervisor's Appt ❑ Tax Receiver's Appt Jill Doherty Voter Q j ❑ ❑ � ❑ Robert Ghosio Seconde Q ; ❑ ❑ j ❑ ----------- -- --- ---- --- — ❑ Town Clerk's Appt Louisa P Evans Mover Q I ❑ ❑ ❑ - - - - ❑ Supt Hgwys Appt Scott A Russell r Voter Q ❑ -- ❑ — ; ❑ ❑ No Action ❑ Lost 2020-416 CATEGORY. Committee Decisions DEPARTMENT.• Town Clerk Southold Town Board Regular Meeting July 14, 2020 page 4 Southold Community Joint Justice Review and Reform Task Force RESOLVED that the Town Board of the Town of Southold hereby creates the Southold Community Joint Justice Review and Reform Task Force for the purpose of assisting the Town Board in reviewing and developing current policies and procedures associated with agencies associated with the justice system and identify and recommend best practices; and be it further RESOLVED that the Town Board authorizes and directs the Town Clerk to advertise for members of this committee. Duties to include: • Review current policies and procedures associated with agencies associated with the justice system and identify and recommend best practices • Conduct community focus groups and hearings for input from the community, especially those who have had interactions with Southold Town's justice system, good and bad • The Task force shall review and evaluate input and identify policies, procedures and practices to establish priorities • Engage the community in public discourse including the media, public leaders, and the community-at-large to envision best practices to improve public safety • Incorporate input and consultations with experts in the justice system and make recommendations for improving equality to policing and administering justice • The task force shall include two (2) Town Board Members; six (6) Community Leaders and six(6) Community Members with no less than one (1)bilingual (English and Spanish) Member. Position is un-salaried. ✓Vote Record=Resolution RES-2020-416. f` ❑ Adopted 0 Adopted as Amended ❑ Defeated Yes/Aye ! No/Nay Abstain Absent ❑ Tabled — ❑ Withdrawn Sarah E Nappa Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt James Dimzio Jr Voter ❑ ❑ ❑ i Q ❑ Tax Receiver's Appt Jill Doherty Seconde Rl I ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 21 ; ❑ ( 11 ; ❑ ❑ Town Clerk's Appt Louisa P Evans Seconde D ❑ 11 ❑ ❑ Supt Hgwys Appt Scott A Russell Voter d ❑ ❑ ! ❑ ❑ No Action ❑ Lost Comments regarding resolution 416 SUPERVISOR RUSSELL: I just want to make a quick amendment, also to add membership shall include two Town Board members. Southold Town Board Regular Meeting July 14, 2020 page 5 2020-417 CATEGORY.- Budget Modification DEPARTMENT.• Human Resource Center 2020 Budget Modification-HRC Financial Impact: to rellocate funds to purchase critical supplies and equipment for the HRC kitchen replacing old and worn items. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2020 General Fund Whole Town Programs for the Aging budget as follows: From: Appropriations: A.6772.2.500.550 Katinka House Equipment $1,800.00 A.6772.4.100.700 Food 500.00 Total: $2,300.00 To: Appropriations: A.6772.2.500.700 Kitchen Equipment $1,800.00 A.6772.4.100.125 Kitchen Supplies 500.00 Total: $2,300.00 ✓,,,Vote Record'-Re`solution°RES-202 -417 . . I 2 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye 7 No/Nay Abstain Ab nse t ❑ Tabled - ❑ Withdrawn Sarah E Nappa Voter Q ❑ ❑ ❑ Supervisor's Appt James Dimzio Jr Voter ❑ ❑ ❑ Q 11 Tax Receiver's Appt Jill Doherty Mover CSI ❑ ❑ ! El ❑ Rescinded Robert Ghosio Secondee{ Q [1 El ❑ [I Town Clerk's Appt Louisa P Evans Voter I Q El El ❑ Scott A.Russell Voter ❑ Supt Hgwys Appt Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2020-418 CATEGORY.• Refund DEPARTMENT.• Town Clerk Refund Parking/Trailer Permits Southold Town Board Regular Meeting July 14, 2020 page 6 RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund to the following individual(s) for Parking Permits and/or Trailer Permits. NAME REFUND Deborah Schweikart $70.00 264 State Route 94 S Warwick,NY 10990 (2 Guest Ramp 0029 and 0030) Guerino Janketic 35.00 247 Forrest Avenue Shirley,NY 11967 (Guest Ramp Pass-0001) Sang Chon 300.00 127-0714 Ih Avenue College Point,NY 11356 (NR beach 0002) Constance Levy 85.00 405 Soundview Avenue Mattituck,NY 11952 (D06366-7, B5666-7) Lori McBride 20.00 10625 Oregon Road Cutchogue,NY 11935 Dr Bruce McLaughlin 300.00 43 Bayway Avenue Bay Shore,NY 11706 (NR beach 0001) Robert Klapper 300.00 794 Quincy Street Brooklyn,NY 11221 (NR beach 0008) Jeffrey Peterson 350.00 537 Union School Road Middleton,NY 10941 (NR beach 0017,NR ramp 0008) Southold Town Board Regular Meeting July 14, 2020 page 7 Donna Jordan 50.00 PO Box 1865 New York,NY 10163 (D & B not issued online) Robert Gessner 40.00 200 North Street Greenport,NY 11944 (GB 1057) Thomas McLaughlin 300.00 85 Chester Street Lake Grove,NY 11755 (NR beach 0011) Robert Lombardi 40.00 8 Woodleigh Place Weatogue, CT 06089 (GB 1087) John Hachadoorian 350.00 PO Box 2071 Aquebogue,NY 11931 RB-0012,NRR-0031 FV,oteRecoird--Resol'ution,RES-2020;418 A, k Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain i Absent ❑ Tabled — ❑ Withdrawn Sarah E Nappa Voter Q ❑ ❑ ❑ Supervisor's Appt James Dmizio Jr Voter ❑ ( ❑ ❑ Q Jill Doherty Seconder ❑ Tax Receiver's Appt Q I ❑ Rescinded Robert Ghosio Voter Q ❑ ❑ I ❑ 11Town Clerk's Appt Louisa P.Evans Mover Q El ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2020-419 CATEGORY.• Employment-Town DEPARTMENT: Justice Court Natasha Lovaas as a Fall Intern Southold Town Board Regular Meeting July 14, 2020 page 8 RESOLVED that the Town Board of the Town of Southold hereby appoints Natasha Lovaas as a fall intern in the Southold Town Justice Court effective August 24, 2020. She is to serve in this capacity with no compensation. ✓voieRecord'Jzes60i&fi RES'1620419 Z Adopted 0 Adopted as Amended 0 Defeated es/Aye 11 No/Nay Abstain Absent 0 Tabled "Y 0 Withdrawn Sarah E Nappa Voter El El 0 i 0 b 0 • Supervisor's Appt James Dinizio Jr �_0t_.__1 _L_ , • Tax Receiver's Appt Jill Doherty I Seconded Rl -11 ❑ Robert Ghosio FM—over M 1 ❑ 0 F-1- 0 Rescinded Louisa P Evans Voter El 0 0 Town Clerk's Appt t— 1-m b 0 Supt Hgwys Appt Scott Russell Voter 0 No Action 0 Lost 2020-420 CATEGORY: Budget Modification DEPARTMENT. Solid Waste Management District 2020 Budget Modification: SWMD Financial Impact: To provide funds to replace worn screens on screener; cover overdrawn line and repairs to scalehouse gas monitoring system. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2020 Solid Waste Management District budget as follows: From: SR 8160.4.100.525 Payloader/Truck Tires $3,500 SR 8160.4.400.870 Paper Shredding 2,000 Total $5,500 To: SR 8160.4.100.573 Maint/Supply Trommel Screen $3,500 SR 8160.4.100.800 Main-Facilities/Grounds 2,000 Total $5,500 'V°Vdte Rec6rd'-'Resoliitioi°RES-2020�'420 6 * Adopted Yes/Aye j No/Nay I AbstainI_Absent * Adopted as Amended Sarah E Nappa 11 0 1 0 11 Defeated James Dinizio Jr Voter El 0 Tabled Jill Doherty Voter Cl j El El 0 El Withdrawn Robert Ghosio Voter El El Supervisor's Appt -Louisa P Evans Secondei 11 Tax Receiver's Appt Scott A Russell Voter 0 ❑ E] i 0 Southold Town Board Regular Meeting July 14, 2020 page 9 ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2020-421 CATEGORY: Contracts, Lease&Agreements DEPARTMENT: Town Attorney Residential Repair Program Contract Financial Impact: residential repair program RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Agreement between the Town of Southold and the Suffolk County Office for the Aging for community services for the Residential Repair Program for the Elderly for the period April 1, 2020 through March 31, 2021, at no cost to the Town, subject to the approval of the Town Attorney. Vote RecoM-'Resolution'RES-'2020-421 Z Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled El Withdrawn _Sarah E Nappa � Voter 0 _� D � ❑ ❑ I — ❑ Supervisor's Appt James Dmizio Jr Voter ❑ ❑ I ❑ 0 ❑ Tax Receiver's Appt Jill Doherty Mover D ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter D ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconde 0 ❑ ❑ i ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter I Rl ❑ ❑ ( ❑ ❑ No Action ❑ Lost 2020-422 CATEGORY: Fmla DEPARTMENT.• Accounting Grant FMLA Leave to a Town Employee RESOLVED that the Town Board of the Town of Southold hereby grants a leave of absence for up to 12 weeks to Employee#830 effective June 11 2020 pursuant to the Family Medical Leave Act. ✓'Vote Record='Resolution�S-2020-422"" °" �" 0 Adopted - Ycs/Aye i No/Nay Abstain Absent 0 Adopted as Amended Southold Town Board Regular Meeting July 14, 2020 page 10 ❑ Defeated Sarah E Nappa Voter 0 ❑ ❑ ( ❑ ❑ Tabled James Dinizio Jr Voter ❑ ❑ ❑ Z ❑ Withdrawn Jill Doherty Seconder Z 1 ❑ 1 ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Voter Z ❑ 1 ❑ ❑ ❑ Tax Receiver's Appt Louisa P.Evans Mover Z ❑ ❑ ❑ ❑ Rescinded Scott A Russell Voter Z ❑ ❑ ❑_ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2020-423 CATEGORY.• Refund DEPARTMENT: Town Attorney Manno& Zito CPF Refund RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund (from Account#CM.1189.10) to Leonardo Manno and Kaela Marie Zito from the Town of Southold in the amount of$5,710.00 in connection with the payment of the Community Preservation Fund tax on property in Southold (SCTM#1000-078.00-09.00-001.000) purchased by Leonardo Manno and Kaela Marie Zito on May 8, 2020, as the transaction is exempt from the CPF tax. '✓Vote Record Resolution RES-20201423 Pw Z Adopted ❑ Adopted as Amended ❑ DefeatedY Absent Yes/Aye No/Nay Abstain , ❑ Tabled --- ❑ Withdrawn Sarah E Nappa Voter Z ❑ ❑ El ❑ Supervisor's Appt James Dmizio Jr Voter ❑ - ❑ ❑ Z ❑ Tax Receiver's Appt Jill Doherty Voter _ Z ❑ ❑ i ❑ ❑ Rescinded Robert Ghosio Mover Z ❑ ❑ E ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconde Z i ❑ ❑ ❑ I ❑ Supt Hgwys Appt Scott A Russell Voter Z ❑ ❑ ❑ ❑ No Action ❑ Lost 2020-424 CATEGORY. Budget Modification DEPARTMENT: Solid Waste Management District 2020 Budget Modification: SWMD Financial Impact: To cover cost for increased supply of Town garbage bags. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2020 Solid Southold Town Board Regular Meeting July 14, 2020 page 11 Waste Management District budget as follows: From: SR 1420.4.500.100 Legal Counsel $3,000 SR 1490.1.100.300 Admin. Vacation Earnings 3,800 SR 1490.1.100.600 Admin. Sick Earnings 9,200 SR 8160.4.450.200 Advertising 11000 Total $17,000 To: SR 8160.4.100.650 Town Garbage Bags $17,000 Total $17,000 Increase Revenues: SR.2130.40 Town Garbage Bag Fees $20,000 Total $20,000 Increase Expenditures: SR 8160.4.100.650 Town Garbage Bags $20,000 Total $20,000 ✓Vote Record,,-'ResolutionRES-2020-424 ,° �, �,��e. . �� � N 4 0 Adopted ❑ Adopted as Amended ❑ Defeated ��� Yes/Aye No/Nay Abstain ! Absent ❑ Tabled - ---— _i ❑ ❑ Withdrawn Sarah E Nappa I Mover =1Z j ❑ ❑ ❑ Supervisor's Appt James Dmizio Jr I Voter ❑ ❑ ❑ lZ ❑ Tax Receiver's Appt Jill Doherty Seconde Rl 11 ❑ i ❑ D [IRobert Ghosto Voter ❑ Rescinded ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter D ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter D I ❑ ❑ j ❑ ❑ No Action ❑ Lost 2020-425 CATEGORY. Employment-Town DEPARTMENT: Accounting Accepts Resignation of Meredith Doyen RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Meredith Doyen from the position of Part Time Neighborhood Aide effective July 24, 2020. Southold Town Board Regular Meeting July 14, 2020 page 12 Voti,Ree6rd,,-�Resolution,RES-2020-425,,E dw 3"',4...... 0 Adopted 0 Adopted as Amended 0 Defeated L Yes/Aye No/Nay Abstain I Absent 0 Tabled ...... -. —--------- • Withdrawn Sarah E Nappa Voter James Dinizio JrVoter • Supervisor's Appt - El 11 Q • Tax Receiver's Appt Jill Doherty Mover Q 0 Ll 11 • Rescinded Robert Ghosio I Voter Q T El 11 0 • Town Clerk's Appt Louisa P.Evans SecondeZ Ej El I El • Supt Hgwys Appt co Russell I.Voter__L_ 11 No Action 0 Lost 2020-426 CATEGORY: Budget Modification DEPARTMENT.- Solid Waste Management District 2020 Budget Modification: SWMD Financial Impact: Shifts available funds from DEC monitoring fund line (DEC has waived the requirement for 2020) to cover engineering services required for SWMff permit renewal package. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2020 Solid Waste Management District budget as follows: From: SR 8160.4.500,100 NYS DEC Env. Monitor $12,000 Total $12,000 To: SR 8160.4.400.100 Engineering $12,000 Total $12,000 y',,,V,,ot6 Record-Resolution RES-2020-426 Z Adopted 0 Adopted as Amended El Defeated I Yes/Aye 11 No/Nay Abstain i Absent 0 Tabled • Withdrawn RSarah E Nappa M I EF_ j ❑ • Supervisor's Appt James Dinizio Jr Voter j El I El 1 0 11 Tax Receiver's Appt Jill Doherty Voter F—RI I El I El 1 11 • Rescinded --Robert Ghosio Seconde0 El I 0 • Town Clerk's Appt Louisa P Evans [Mover R1 El 0 ❑ • Supt Hgwys Appt Scott A Russell I Voter 0 No Action 0 Lost Southold Town Board Regular Meeting July 14, 2020 page 13 2020-427 CATEGORY. Affordable Housing DEPARTMENT. Government Liaison Maximum Allowable Monthly Rent for 2020 RESOLVED that the Town Board of the Town of Southold hereby sets the maximum initial sales price and maximum allowable monthly rent for 2020 for affordable housing units as follows: Home Purchase Price May Not Exceed Households earning 80% or less of the HUD $253,200* median income for Nassau/Suffolk Households earning 100% or less of the HUD $316,500** median income for Nassau/Suffolk Households earning 120% or less of the HUD $379,800*** median income for Nassau/Suffolk * 2.5 times the 80% median income family of four -Nassau/Suffolk County ($101,280) **2.5 times the 100%median income family of four-Nassau/Suffolk County ($126,600) ***2.5 times the 120% median income family of four-Nassau/Suffolk County ($151,920) Monthly Rental Amounts May Not Exceed (utilities may or may not be included) Efficiency $ 1298.*** One Bedroom $ 1624*** Two Bedroom $ 1992*** Three Bedroom $ 2563*** Four Bedroom $ 2858*** *** represents HUD fair market rental RESOLVED that pursuant to Chapter 240-10-B(2)(c)[2][a] of the Town Code, the Town Board of the Town of Southold hereby sets $253,200 as the amount of payment required per housing unit for Moderate Income Family Dwelling Units not built within the Town of Southold's inclusionary zoning requirements. Said amount reflects two times the Nassau/Suffolk median income for a family of four in accordance with the Long Island Workforce Housing Act. ✓'VoteRecord,-,Resolutibn`RES-2020=427, x" 0 Adopted yes/Aye I No/Nay� ( Abstain I Absent ❑ Adopted as Amended Sarah E Nappa Voter EI❑ Defeated i ❑ ❑ i ❑ Southold Town Board Regular Meeting July 14, 2020 page 14 ❑ Tabled James Dimzio Jr Voter ❑ ❑ ❑ 0 ❑ Withdrawn Jill Doherty Seconded 0 1 ❑ ❑ 1 ❑ ❑ Supervisor's Appt Robert Ghosio Mover 0 ❑ ❑ ( ❑ ❑ Tax Receiver's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Rescinded Scott A.Russell Voter 0 ( ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2020-428 CATEGORY.• Misc. Public Hearing DEPARTMENT.• Town Attorney PH 81113:00 Pm -Eminent Domain 12500 Main Road, Matt WHEREAS,the Town Board on September 10, 2019, adopted a resolution authorizing the acquisition of property situated at 12500 Main Road,Northeast Corner of Main Road (SR 25) and New Suffolk Avenue Mattituck, Town of Southold (S CTM No. 1000 Section 114 block 11, lot 17) for the purpose of a public park; and WHEREAS, Mattituck 12500 LLC,the owner of the property, has rejected the Town's offer of the appraised value of$775.000.00 to purchase said property; and WHEREAS, Section 201 of the Eminent Domain Procedure Law now requires this Town Board to hold a hearing with respect to said acquisition at which it will afford a reasonable opportunity for all interested persons to make objections and recommendations with regard thereto, and WHEREAS,property owners who may subsequently wish to challenge condemnation of their property via judicial review may do so only on the basis of issues, facts, and objections raised at such hearing. WHEREAS, Section 204 of the Eminent Domain Procedure Law requires that within ninety (90) days after the conclusion of said public hearing the Town Board shall adopt and publish its findings and determinations with regard to the effects and purposes of the proposed acquisition, and WHEREAS, it is desired to give notice of said hearing pursuant to Section 202 of the Eminent Domain Procedure Law; NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Southold, in Suffolk County,New York, as follows: The Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law Southold Town Board Regular Meeting July 14, 2020 page 15 at Southold Town Hall, 53095 Main Road, Southold,New York, on the 11th day of August, 2020 at 3:00 p.m. with respect to the proposed acquisition, at which time a reasonable opportunity will be afforded to all interested persons to make objections or recommendations with regard thereto. That the Town Clerk shall cause to have a copy of the public notice to be served either by personal service or certified mail, return receipt requested, upon the record billing owner or his or her attorney of record. That the Town Clerk shall cause to have a copy of the public notice to be published in five successive issues of NEWSDAY, a newspaper of general circulation in the Town of Southold and in at least two successive issues of the SUFFOLK TIMES an official newspaper designated as such in the Town of Southold, Suffolk County. That the Town Clerk shall cause to have a record made of said public hearing, including any written statements submitted, and the Clerk shall make a copy of said record available to the public during normal business hours at the office of the Town Clerk for examination without cost, and shall reproduce the same upon written request and payment of the cost thereof. That within ninety (90) days after the public hearing,the Town Board shall make and adopt its determination and findings concerning the proposed acquisition, and shall cause a synopsis of said determination and findings to be published in in five successive issues of NEWSDAY, a newspaper of general circulation in the Town of Southold and in at least two successive issues of the SUFFOLK TIMES an official newspaper designated as such in the Town of Southold, Suffolk County. That the Town Clerk shall cause to a synopsis of said determination and findings to be served, either by personal service or certified mail, return receipt requested, upon the record billing owner or his or her attorney of record. That said determination and findings shall specify the following: 1. The public use, benefit or purpose to be served by the proposed acquisition and project; 2. The approximate location for the proposed acquisition and project, and the reasons for the selection of that location; 3. The general effect of the proposed project on the environment and residents of the locality; 4. Such other factors as it considers relevant; Votetecgrd-,Resolution RESg2020=,428 Rl Adopted (- Yes/Aye I No/Nay _Abstain Absent ❑ Adopted as Amended — -" -- Sarah E.Nappa Mover ❑ 0 ❑ ❑ ❑ Defeated — 0 ❑ Tabled James Dim [1zio Jr Voter ❑ I ❑ ❑ Withdrawn Jill Doherty Seconder D ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Voter D ; El Eli ❑ ❑ Tax Receiver's Appt Louisa P.Evans Voter ❑ El ❑ 0 Rescinded Scott A Russell Voter ( D E ❑ ❑ ❑ Southold Town Board Regular Meeting July 14, 2020 page 16 ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2020-429 CATEGORY.• Refund DEPARTMENT: Town Clerk Refund 2Nd Disposal Permits RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund of$15.00 to the following individual(s) for over payment of a 2nd resident disposal permits. NAME Sally Breitstadt 7810 Seddon Drive Dublin, OH 43016 Patricia Figari PO Box 237 New Suffolk,NY 11956 Frank Gramarossa 603 Hickory Street Westbury,NY 11590 Cynthia Scholl 8 Gayton Drive Highland Mills,NY 10930 ✓,Vote Record=Resolution RES-2020=429; 0 Adopted ❑ Adopted as Amended ❑ Defeated Ycs/Aye No/Nay Abstain Absent ❑ Tabled - � �--- _ �- - Sarah E Nappa Voter 0 ❑ ❑ El i 11 Withdrawn James Dimzio Jr Voter I ❑ ❑ ❑ ! 0 ❑ Supervisor's Appt ❑ Tax Receiver's Appt Jill Doherty Mover I I El ❑ I ❑ ❑ Rescinded Robert Ghosio Seconded 0 1 ❑ ❑ i ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 El ❑ i ❑ ❑ Supt Hgwys Appt Scott A Russell Voter D ❑ ❑ { ❑ ❑ No Action 11 Lost Southold Town Board Regular Meeting July 14, 2020 page 17 2020-430 CATEGORY: Bid Acceptance DEPARTMENT: Solid Waste Management District Solid Waste Facility Permit Renewal Financial Impact: To be funded through the SWMD operating budget. WHEREAS the Town's Municipal Solid Waste Facility Permit from NYSDEC is set to expire on December 2, 2020; and WHEREAS to renew the permit the Town must submit an application package that reflects updated operational developments and projections in accordance with various NYSDEC regulatory revisions that have taken place since the current permit was issued in 2015; and WHEREAS the Town issued a request for proposals (RFP) for professional services to prepare, submit, and address comments on a complete permit renewal package for approval by NYSDEC to which the Town received two (2) valid responses; it is hereby RESOLVED by the Town Board of the Town of Southold to accept the proposal of L.K. McLean Associates as the lowest-cost responder to develop a Solid Waste Facilities Permit Renewal application package for the Town at a cost not to exceed $17,810, all in accordance with the Town Attorney. Funds are available in SR.8160.4.400.100 (Refuse & Garbage Contracted Services, Engineering). ✓;Vote Record"-,`Re`sol`ution°RES'"2`020=430 ;"° �` �� 'E� �, �, w,���r;., -, W; 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain 1 Absent ❑ Tabled — ❑ withdrawn Sarah E Nappa Voter 0 ❑ ❑ ! El James Dinizio Jr Voter ❑ Supervisor's-Appt _❑_ ❑ ❑ 0 — - --- — ---- -- -- ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ! ❑ — - - - — — ❑ Rescinded Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Mover 0 ❑ ❑ ! ❑ Scott A Russell Voter ❑ Supt Hgwys Appt D i ❑ ❑ - ❑ ❑ No Action ❑ Lost 2020-431 CATEGORY: Refund DEPARTMENT., Town Clerk Various Clean Up Deposits Southold Town Board Regular Meeting July 14, 2020 page 18 WHEREAS the following groups have supplied the Town of Southold with a refundable Clean- up Deposit fee, for their events and WHEREAS the Southold Town Police Chief, Martin Flatley, has informed the Town Clerk's office that this fee may be refunded,now therefor be it RESOLVED that Town Board of the Town of Southold hereby authorizes a refund be issued in the amount of the deposit made to the following Name Date Received Amount of Deposit EventPower 11/1/19 $1,500.00 162 Long Island Avenue, #179 Holtsville,NY 11742 Mattituck Lions Club 1/31/20 250.00 PO Box 91 Mattituck,NY 11952 Mattituck American Legion Post 861 2/7/20 250.00 PO Box 861 Mattituck,NY 11952 Bicycle Shows USA 3/3/20 1,500.00 230 Smith Hughes Road Narrowburg,NY 12764 Southold Village Merchants 3/12/20 250.00 PO Box 1356 Southold,NY 11971 L I Antique Power Assoc. 2/14/20 250.00 PO Box 1134 Riverhead,NY 11901 ✓'Voteliecord-'Re"solufionRE5`=2020-431•. 0 Adopted ❑ Adopted as Amended ❑ Defeated Ycs/Aye No1Nay Abstain f Absent ❑ Tabled ❑ Withdrawn Sarah E Nappa Voter Ll i ❑ ❑ -- - -• .._.. ---- — - -- — ❑ Supervisor's Appt James Dmizio Jr Voter ❑_ ❑ ❑ i El _ ❑ Tax Receiver's Appt Jill Doherty Second e _ 1 ❑ ❑ ' ❑ ❑ Rescinded Robert Ghosio Mover 1 51 ❑ _ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter i ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter D ( ❑- ❑ i ❑ ❑ No Action ❑ Lost Southold Town Board Regular Meeting July 14, 2020 page 19 2020-432 CATEGORY.• Legal DEPARTMENT. Town Attorney Moa#4015 RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the Memorandum of Agreement between the Town of Southold and Employee# 4015, dated July 13 2020. �✓Vote Record=Resolutiori°RES-2020-432, 0 Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn Sarah E Nappa Mover D i ❑ ❑ ❑ El Supervisor's Appt James Dimzio Jr � Voter ❑ ❑ El21 ❑ Tax Receiver's Appt Jill Doherty I Seconde D I ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 i ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 i ❑ ❑ i ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter D i ❑ ❑ ❑ ❑ No Action ❑ Lost 2020-433 CATEGORY. Property Usage DEPARTMENT.• Recreation Field Use— Storm Baseball Academy RESOLVED that the Town Board of the Town of Southold does hereby grant permission to Storm Baseball Academy of West Hempstead to use the lit field at Cochran Park for baseball games. Dates and times will be coordinated with the recreation department. Appropriate fees will be charged as per the rules and regulations on the application for use of parks facilities. Applicant must file with the Town Clerk a Two Million Dollar Certificate of Insurance naming the Town of Southold as additional insured. ✓ ., YotiXecord—ResolutionRES-2020,=433 ❑ Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Sarah E.Nappa Voter D ❑ ❑ ❑ • Defeated James Dmizio Jr Voter ❑ i ❑ ❑ ❑ ❑ Tabled Jill Doherty Mover D I D D ❑ ❑ Withdrawn Robert Ghosio Voter ❑ 0 ❑ ❑ Southold Town Board Regular Meeting July 14, 2020 page 20 ❑ Supervisor's Appt Louisa P Evans I Secondee{ 0-1, ❑ 1 ❑ � ❑ ❑ Tax Receiver's Appt Scott A Russell Voter ❑ 0 ❑ ❑ ❑ Rescinded — ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2020-434 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 and Michelle Nickonovitz to attend webinars on governmental finance on July 21, 2020, August 4, 2020 and August 18, 2020. All expenses for registration and travel to be a legal charge to the 2019 budget A.1310.4.600.200 Meetings and Seminars). '✓eVbte Record";Resolution RES-2020"434, 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye, No/Nay Abstain i Absent ❑ Tabled Sarah E Nappa Voter D ❑ ❑ 1 ❑ ❑ Withdrawn ❑ Supervisor's Appt James Dimzio Jr ��Voter ❑ ❑ ❑ I 0 ❑ Tax Receiver's Appt Jill Doherty Seconded 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghoseo Voter _ 0_ ;_ ❑ ❑ I ❑ ❑ Town Clerk's Appt Louisa P.Evans Mover D ❑ ❑ ❑ ❑ g�'Y PP Supt H s Appt Scott A Russell Voter 0 ! ❑ ❑ i ❑ ❑ No Action ❑ Lost 2020-435 CATEGORY.• Contracts,Lease&Agreements DEPARTMENT: Land Preservation License Agreement Henry L Ferguson Museum FIUCo Property Financial Impact:No financial impact RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Supervisor to execute a License Agreement with The Henry L. Ferguson Museum,Inc. for the purpose of maintaining the Town-owned parcel identified as SCTM #1000-3.-7-3 as passive open space and to preserve and protect the natural habitat it contains for a renewable 10-year term. Southold Town Board Regular Meeting July 14, 2020 page 21 ✓.vote Record-`Resofution RES=2020=435 Q Adopted ❑ Adopted as Amended ❑ Defeated — Yes/Aye No/Nay -T Abstain Absent ❑ Tabled ❑ Withdrawn Sarah E.Nappa Voter F--- Q ❑ 1 ❑ ; ❑ ❑ Supervisor's Appt James Dmizio Jr Voter ❑ ❑ El Q ❑ Tax Receiver's Appt _Jill Doherty Secondee{ Q � ❑ � El ❑ � ❑ Rescinded Robert Ghoseo y Mover L ❑ ❑ ( ❑ ❑ Town Clerk's Appt Louisa P Evans Voter Q El 11 ❑ Scott A Russell ( Voter Q ❑ ❑ ❑ ❑ Supt Hgwys Appt _ ❑ No Action ❑ Lost 2020-436 CATEGORY.• Employment-Town DEPARTMENT. Recreation Hire Seasonal Employees-Recreation Department RESOLVED that the Town Board of the Town of Southold hereby appoints the following 2020 seasonal summer staff for the period June 15 - September 7 pending successful background search and certification completion as follows: BEACH ATTENDANTS 1. Joseph Aiello (1 st year).............................................. $13.00 2. Kylie Conroy (1 st year)........................................... $13.00 3. Terrance Demeroto (1st year).......................................$13.00 4. Robert Dunn(1 st year).............................................$13.00 5. Calvin Karsten 1 st ear $13.00 6. Christian W. Voegel Jr. (1st year)................................. $13.00 LIFEGUARD WATERFRONT/STILLWATER 1. Joseph Aiello 1 st ear .............................................. $16.52 ' a 'U ¢ �`'em� r� .✓'w�tetR�cord.=,Re�4�utionr,RES-2020-436 , aa �� Q Adopted ❑ Adopted as Amended• Yes/Aye j No/Na Abstain Absent ❑ Tabled Defeated Sarah E Nappa Mover Rl ❑ ❑ i ❑ James Dinizeo Jr Voter ❑ ❑ ❑ Q ❑ Withdrawn - Jill Doherty Secondee{ Q ❑ Supervisor's Appt ❑ ❑ ❑ Robert Ghoseo Voter ❑ Tax Receiver's Appt Q• ❑ ❑ ❑ Louisa P Evans Voter Q ❑ Rescinded ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A Russell Voter Q ❑ ❑ 0 Supt Hgwys Appt Southold Town Board Regular Meeting July 14, 2020 page 22 ❑ No Action ❑ Lost 2020-437 CATEGORY. Employment-Town DEPARTMENT: Accounting Appoint Christian Voegel Custodial Worker I RESOLVED that the Town Board of the Town of Southold hereby appoints Christian Voegel to the position of Custodial Worker I for the Department of Public Works, effective July 20, 2020 at a rate of$46,370.40 per year, pending background search completion. '�',,,,^'�r_ 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Sarah E Nappa Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter ❑ �— ❑ ❑ I 0 — - -- - ❑ Tax Receiver's Appt Jill Doherty Mover 0 El ❑ El - ------ ----------------- -------------- - — ------- - ❑ Rescinded Robert Ghosio Seconde 0 I ❑ ❑ ; ❑ ❑ Town Clerk's Appt Louisa P Evans Voter D ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter D r ❑ ❑ ❑ ❑ No Action ❑ Lost 2020-438 CATEGORY. Legal DEPARTMENT. Town Attorney MOU&Implement the Protocols Established to Serve Petitions Electronicall WHEREAS, the County of Suffolk and each of the ten Suffolk County Towns are in a State of Emergency with the entire State of New York as declared by the Governor as of March 7, 2020, due to COVID-19; and WHEREAS, in light of the foregoing,the Town of Southold, the Supervisor, the Board of Assessors and the legal representatives of the Town recognize the need to reduce expenses, to conserve resources and to maintain some type of"social distancing" into the future and therefore, there is a need to make certain changes to the current procedure for service upon the Town of judicial petitions challenging the assessment of real property that would not only limit the personal contact between the public and assessment staff, but also greatly reduce the already Southold Town Board Regular Meeting July 14, 2020 page 23 limited resources of the town in reviewing and processing the exorbitant number of petitions that are generally filed each year; and WHEREAS, the filing period for such petitions is imminent and the adoption of an E- Filing system is in the best interest of both Complainants and the Town; and WHEREAS, the use of a uniform E-Filing system for service of such petitions upon the Town is not currently provided for by the Real Property Tax Law and/or any other applicable law,rules or regulations, relative to the existing process for filing of such petitions, and the proposed uniform E-Filing system by the Town provides Complainants with the same protections they currently have; and WHEREAS, the adoption of a uniform E-Filing system is not intended to replace a complainants' ability to serve petitions upon the Town in accordance with the current statutory and regulatory framework but rather it is to be an alternative thereto; and WHEREAS, the Procedures and Protocols annexed hereto and incorporated herein adequately address the concerns of the Complainants and the Town; and WHEREAS, in accordance with the provisions of Real Property Tax Law §104, the adoption and implementation of the Suffolk County uniform E-Filing system for service of Petitions shall be deemed to be in compliance with the provisions of real property tax law and all other applicable laws, rules & regulations applicable to service of process relative to a judicial challenge to the assessment of real property. NOW, THEREFORE, BE IT RESOLVED, the Town Board hereby authorize the Chair of the Board of Assessors and the Town Attorney to execute the Memorandum of Understanding and implement the Protocols established to serve Petitions electronically in accordance with the provisions of Real Property Tax Law §104 and adopt and implement the Suffolk County uniform E-Filing system for Petitions filed in compliance with the provisions of Real Property Tax Law Article 7 and all other applicable laws, rules & regulations applicable to service of process of etitions challenging the assessment of real property. ✓Vote Record-"Resolution°RES-2020=438 a ' Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Sarah E Nappa Voter El ❑ I ❑ ❑ Supervisor's Appt James Dmizio Jr Voter ❑ ❑ ❑ ( Q ❑ ❑ Tax Receiver's Appt Jill Doherty Voter Q ❑ ❑ I ❑ Rescinded Robert Ghosio Seconde Q I [IElEl ❑ Town Clerk's Appt Louisa P Evans Mover Q ❑ ❑ [3 Scott A Russell Voter Q ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action 0 Lost Southold Town Board Regular Meeting July 14, 2020 page 24 2020-439 CATEGORY.- Local Law Public Hearing DEPARTMENT.• Town Attorney Ph 8/11 Chapter 117 Sanitary Flow Credits WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 14th day of July, 2020, a Local Law entitled "A Local Law in relation to Amendments to Chapter 117, Development Rights, Transfer of, in connection with Sanitary Flow Credits" 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 11t1 day of August, 2020 at 3:00 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 Amendments to Chapter 117, Development Rights, Transfer of, in connection with Sanitary Flow Credits" reads as follows: LOCAL LAW NO. _ 2020 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 117, Development Rights, Transfer of, in connection with Sanitary Flow Credits". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The purpose of this local law is to improve the transfer of sanitary flow credits in support of affordable housing projects, as well as dealing with impacts to the public's health, safety and welfare that result therefrom. II. Chapter 117 of the Code of the Town of Southold is hereby amended to include the underlined words and removal of struck through portions as follows: § 117-3 Definitions. Unless otherwise expressly stated,the following terms shall, for the purpose of this chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, Unabridged (or the latest edition). ELIGIBLE PROJECT The following projects are eligible to receive sanitary flow credits: Southold Town Board Regular Meeting July 14, 2020 page 25 1. Proiects located in a receiving district that are permitted uses in the zoning district in which the subiect property is located. 2. Projects in an Affordable Housing Zoning District; 3. Town of Southold municipal buildings. SANITARY FLOW RIGHT -The right to discharge to the groundwater 300 gallons of wastewater per day_pursuant to the Suffolk County Sanitary Code. RECEIVING DISTRICT -An area of the Town that is desirable to be developed more intensively than areas outside the district. RECEIVING PARCEL - Land within a receiving district to which sanitary flow generated from one or more sending parcels are transferred. TRANSFER OF SANITARY FLOW CREDITS - Sanitary flow shall be transferred from a lot parcel or area of land to another area of land in one or more receiving districts at rate of three hundred (300gallons per day (gpd) of flow. A sanitary flow credit shall correspond to per twenty thousand (20,000) square feet of lot area which is the equivalent of three-hundred (300) gallons per day (GPD) flow (e.g., a one (1) acre lot in an R-40 zone could send two (2) density flow credits). SENDING DISTRICT - An area of the Town that is desirable to be preserved as open space. SENDING PARCEL - Land from which sanitary flow credits are severed for use in one or more receiving areas in the Town of Southold. TRANSFER OF SANITARY FLOW CREDITS - The process by which sanitary flow credits are transferred from one lot, parcel, or area of land in sending dist,.; to another lot, parcel, or area of land in one or more receiving districts. § 117-4 Applicability; general prohibitions. A. Applicability. Any and all sanitary flow credit-transfers within the Town of Southold shall be in accordance with this chapter. B. General prohibitions. (1) If not expressly permitted within this chapter, the transfer of sanitary flow credits is prohibited. (2) All transfers of sanitary flow credits from parcels located outside of the Town of Southold's boundaries are prohibited. (3) All transfers of sanitary flow credits from or to properties that are not recognized pursuant to § 280-9 of the Town Code or that do not contain sufficient buildable land area, as defined in § 280-4 of the Town Code, are prohibited. § 117-5 Sanitary flow credit bank. The Town hereby establishes a sanitary flow credit bank(SFC bank) in which sanitary flow Southold Town Board Regular Meeting July 14, 2020 page 26 credits may be received, retained and sold by the Town Board in the best interests of the Town. All sanitary flow credits transferred into the bank must first be accepted by Town Board resolution in accordance with the terms of this chapter. All receipts and proceeds from sales of sanitary flow credits sold from the Town bank shall be deposited into a special municipal account known as the "Community Preservation Fund," to be used in a manner specified in Chapter 17 of the Town Code. A. The only development right that may be transferred into and out of the SFC bank is a sanitary flow credit. B. The lands from which sanitary flow credits are to be transferred into the bank were ;r-e shall remain preserved in perpetuity by a permanent conservation easement or other instrument that similarly preserves community character as defined and set forth in the definition of"community preservation" in Chapter 17 of the Town Code. The easement or other document shall be in a form approved by the Town Attorney. § 117-6 Sanitary flow credit transfer. The sanitary flow credit transfer will allow the Town to bank sanitary flow credits from preserved land in the SFC bank and later sell those credits for use exclusively in ,enfleefie, ,,,i affordable hetisingon parcels within a receiving district. The sale price of the credits shall be determined by resolution of the Town Board, and such factors as the appraised value of the sanitary flow credit and the public benefit provided to the community shall be considered. All transfers of sanitary flow credits within the Town of Southold must pass through the SFC bank. A. Designation of sending and receiving districts. (1) The sending district shall be any zoning district in the Town of Southold that is not defined as a receiving district. (2) ' The receiving district shall be any land designated as General Business (B) Hamlet Business (HB) or Residential Office (RO), or land designated as an Affordable Housing District (AHD) after March 1, 2005. (3) Sending and receiving areas shall be in the same groundwater management zone. () Nothing herein shall prevent the transfer of sanitary flow credits from a lot parcel or area of land within a receiving district to another lot, parcel or area of land within the same receiving district D Designation fdevelopment rights. A development iiht or the p, .Ti _ of thi-s ehaptershall be limited to a sanitary flow er-edit. e B. Project Criteria. (1) In order to qualify for the transfer of sanitary flow, a project must be an "eligible project" as defined in section 117-3, (2) For any mixed use project that includes housing at least half of the dwelling units proposed must be proposed as affordable housing units as defined by section 280-30. (3) For M project that is strictly a proposed residential project, all of the dwelling units must be proposed as affordable dwelling units as defined by Southold Town Board Regular Meeting July 14, 2020 page 27 section 280-30. § 117-7 Determination of credits to be deposited; duties of Clerk. A. Upon receipt of a contract (executed by the seller) for the Town's acquisition of a parcel of property or the development rights thereon, and prior to the public hearing on the purchase, the Land Preservation Coordinator shall provide to the Town Board a calculation of the sanitary flow credits available, subject to survey, for transfer from the parcel of property upon the closing of the contract in accordance with its terms. B. Following the closing on the parcel, the sanitary flow credits from the property shall be placed into the Town SFC bank by resolution of the Town Board, which resolution shall set forth the number of sanitary flow credits and the source of the credits. The Town Clerk shall maintain a log detailing the credits transferred into the bank, as provided by the Land Preservation Coordinator in a form approved by the Town Board. C. The Town Clerk shall forward the resolution to the Tax Assessor's office, the Land Preservation Department, the Special Projects Coordinator and the Planning Department for inclusion in the Town database and geographic information system (GIS). § 117-8 Irreversible transfer. No sanitary flow credits shall be transferred back to the sending parcel once the development rights have been transferred.No sanitary flow credits may be transferred out of a parcel which has previously had all of its development rights extinguished under the Town of Southold, Suffolk County, or New York State acquisition of development rights program or other easement,transfer, restrictive covenant or otherwise. § 117-9 Procedure for transfer from bank to receiving district. Upon application by the owner of an individual parcel in a receiving district, the Town Board may permit the transfer of a sanitary flow credit to such parcel by proceeding in the manner set forth below: A. Notice to adjacent property owners shall be given by the applicant in the same manner as set forth in § 280-159 relating to change-of-zone applications. B. The Town Board, before publishing notice for a public hearing, shall comply with all State Environmental Quality Review Act(SEQRA)requirements, and costs associated with review shall be paid by the applicant. C. The Town Board, before publishing notice for a public hearing, shall, in a written request, instruct the Town Planning Board and the Building Inspector to prepare an official report regarding the proposed transfer, including the Planning Board recommendations. The Building Inspector report shall certify the use in the zone proposed and comment on the proposed project. The Planning Board shall consider the factors set forth in § 117-7E below in its report and Southold Town Board Regular Meeting July 14, 2020 page 28 recommendations. D. The Town Board, by resolution adopted at a stated meeting, shall fix the time and place of a public hearing on the proposed transfer and cause at least 10 days' notice of such hearing to be published in the official newspaper. E. Before the transfer of sanitary flow credits may be authorized to any receiving district, the Town Board shall determine, after evaluating the effects of potential increased development whieh is 1...,ssib' under-the t..nsf _ of development= &s r -a-- previsiens;that would result from the proposed transfer of sanitary credits, that the district contains adequate resources, environmental quality and public facilities, including adequate transportation, water supply, waste disposal and fire protection; that there will be no significant environmentally damaging consequences; and that such increased development is compatible with comprehensive planning and the development otherwise permitted by the Town and by the federal, state and county agencies having jurisdiction to approve permissible development within the district. F The Town Board may condition the transfer of sanitary flow credits on the applicant filing covenant and restrictions against the receiving parcel imposing conditions on the receiving parcel that the Town Board deems appropriate and necessary to ensure that the criteria in paragraph"E" of this section are met. In projects involving affordable housing_the applicant shall be required to file covenants and restrictions stating that the affordable housing created shall remain affordable in perpetuity. EG. Sanitary flow credits shall not be transferred out of the school, special assessment or tax districts unless the Town Board determines that there is no other available lot within said districts to which a sanitary flow credit may reasonably be transferred and that the transfer does not unreasonably transfer the tax burden between the taxpayers of such districts. GH. Following the public hearing,the Town Board may, by resolution authorize the transfer of sanitary flow credits. The resolution shall state that the applicant shall receive a sanitary flow credit-certificate, which shall not be signed by the Supervisor and released by the Town Clerk to the applicant until the covenants and restrictions as set forth at § 117-11 have been filed and such filing has been approved by the Town Attorney. § 117-10 Sanitary flow credit certificate. A. An applicant must obtain and present a sanitary flow credit certificate to the Building Department prior to receiving a building permit. B. The sanitary flow credit certificate shall state the specific use for the transferred credit and may be used only for construction of the project listed on the Southold Town Board Regular Meeting July 14, 2020 page 29 certificate. C. The Town Clerk shall maintain a log detailing the sanitary flow credit certificates that have been issued by the Town Board, and such log shall contain the source and location of the transferred credit. D. The Town Clerk shall provide notice of the issuance of a sanitary flow credit certificate to the Town Attorney, the Tax Assessor's office, the Land Preservation Department, the Special Projects Coordinator and the Planning Department. § 117-11 Covenants and restrictions. A. Following the Town Board resolution granting a transfer of a sanitary flow credit to a recipient pursuant to the procedures set forth in this chapter, the applicant shall file in the office of the Suffolk County Clerk M required covenants and restrictions in a form approved by the Town Attorney. The covenants and restrictions shall contain terms and conditions as the Town Board and the Planning Board deem necessary to ensure that 1) the criteria for approving the transfer of sanitary flow credits contained in paragraph`B" of section 117-09 are met, 2) than any affordable the dwelling unit created by the transferred credit remains affordable in perpetuity.,and 3)that the affordable dwelling unit shall be leased or sold only to eligible individuals registered with the Town of Southold Housing Registry..-, and 4)that the The sale and/or lease of the dwelling unit that has been constructed with the transferred credit shall be administered through the Town of Southold pursuant to the provisions of Chapter 34, Housing Fund, and §§ 280-24 through 280-33, Affordable Housing (AHD) District, and the sale and/or lease price shall be set by resolution of the Town Board. B. A copy of the filed covenants and restrictions must be filed with the Town Clerk within 30 days of the approving resolution. No sanitary flow credit certificate shall be issued until the covenants and restrictions have been filed and such filing has been approved by the Town Attorney. C. The Town Clerk shall forward the covenants and restrictions to the Town Attorney, the Tax Assessor's office, the Land Preservation Department, the Special Projects Coordinator and the Planning Department for inclusion in the Town database. § 117-12 Revocation. Failure to comply with any of the requirements set forth in this chapter may result in revocation of the transferred sanitary flow credit. A sanitary flow credit may be revoked by Town Board resolution following a public hearing after 10 days' written notice of the hearing, by personal service or certified mail, has been given to the property owner. § 117-13 Expiration. Any sanitary flow credit transferred to a recipient for construction of an affordable dwelling unit shall expire and be returned to the bank one year after transfer if the dwelling unit has not been Southold Town Board Regular Meeting July 14, 2020 page 30 issued a certificate of occupancy unless an extension of time has been requested by the property owner and granted by the Town Board. A request for an extension of time shall be made one month in advance of the expiration. A sanitary flow credit shall be returned to the bank by resolution of the Town Board, and notice thereof shall be given by the Town Clerk to those Town departments referenced in § 117-10D. § 117-14 Return of credit to bank. In the B, HB or RO Zoning Districts, a property owner may apply to the Town Board to return the transferred sanitary flow credit-to the bank and extinguish the affordable housing covenants and restrictions applicable to the property. The Town Board shall hold a public hearing on the application, and notice shall be given in accordance with Chapter 55, Public Hearings,Notice of. A sanitary flow credit shall be returned to the bank by resolution of the Town Board, and notice thereof shall be given by the Town Clerk to those Town departments referenced in § 117-10D. III. SEVERABILITY. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid,the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE. This chapter shall take effect immediately upon filing with the Secretary of State as provided by law. ✓VoteRecord=Resolution'RES;2020-439 0 Adopted ❑ Adopted as Amended ❑ Defeated _ Yes/Aye 1 No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Sarah E Nappa Voter D ❑ ❑ ❑ ❑ Supervisor's Appt James Dimzio Jr I Voter ❑ ❑ El R1 ❑ Jill Doherty Seconde. Tax Receiver's Appt { D ❑ ❑ ❑ El Rescinded Robert Ghosio Mover D ❑ ❑ ❑ Town Clerk's Appt Louisal? Evans Voter D ❑ El 11 El A.Russell Voter D ❑ Supt Hgwys Appt ❑ ❑ ❑ No Action ❑ Lost Comments regarding resolution 439 COUNCILWOMAN NAPPA: I have a question on that. Are we going to do Code Committee on that before we have the public hearing? COUNCILWOMAN DOHERTY: No, we decided two weeks ago it was ready for public hearing. Southold Town Board Regular Meeting July 14, 2020 page 31 COUNCILWOMAN NAPPA: Okay. SUPERVISOR RUSSELL: If we were to schedule a code committee meeting, we would have to notice it. COUNCILWOMAN DOHERTY: Right. Two weeks ago we said we were ready to set one. 2020-440 CATEGORY.• Trailer Permit DEPARTMENT.• Town Clerk Special Trailer Permit Paul&Leyla Szpara RESOLVED that the Town Board of the Town of Southold hereby Grants approval of a temporary special trailer permit application of Paul & Leyla Szpara for a period of six (6) months from date of issuance to locate a trailer to house security on property located at 1830 Sigsbee Road, Mattituck,New York 11952, Suffolk County Tax Map # 1000-109-1-11 while house is being built.. ote Jtesoluti6nRES2020;m4,4 "=VRecord , . Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay7 Abstain { Absent ❑ Tabled ❑ Withdrawn Sarah E Nappa_ Mover 11Q--_� ❑ ❑ ❑ Supervisor's Appt James Dmizto Jr Voter � ❑ � ❑ � ❑ ( Q ❑ Tax Receiver's Appt Jill Doherty _ Seconde>{ Q _ ( ❑ ❑ El Robert Ghosio Voter Q i ❑ 13 ❑ ❑ Rescinded ❑ Town Clerk's Appt Louisa P Evans I Voter Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ j ❑ ❑ No Action ❑ Lost Comment regarding resolution 440 JUSTICE EVANS: Can I just make a comment? Shouldn't we just say for a six month period and then we will review? Isn't that the one we spoke about today? COUNCILWOMAN DOHERTY: Inaudible. JUSTICE EVANS: Okay because the language just says while the house is being built which could take a while. TOWN CLERK NEVILLE: They automatically come up for review when it comes up for renewal. It's sent to code enforcement. SUPERVISOR RUSSELL: Inaudible. Southold Town Board Regular Meeting July 14, 2020 page 32 JUSTICE EVANS: No, no, I understand that. It's just a little misleading, that last line. COUNCILMAN GHOSIO: Inaudible. 2020-441 CATEGORY.• Bond Public Hearing DEPARTMENT: Town Clerk PH-81113.-00 Pm Bond FIFD-Ferry Race Point Engines WHEREAS, the Board of Commissioners of the Fishers Island Ferry District (the "District"), in the Town of Southold, Suffolk County, New York, pursuant to a resolution duly adopted and a petition in due form, has requested that the Town Board of the Town of Southold (herein called the "Town"), in the County of Suffolk, New York, call a public hearing on behalf of the District to hear all persons interested in the proposed increase and improvement of facilities of the District, consisting of the replacement of four (4) engines and ancillary components on the Ferry Race Point to meet service needs between New London, Connecticut and Fishers Island, at the estimated maximum cost of$1,265,000; and the Town Board has determined that it is in the best interests of the Town and the District to increase and improve the facilities of the District pursuant to Section 202-b of the Town Law and to hold said public hearing, as requested; and WHEREAS, it is expected that grant funds, including a VW Environmental Mitigation Grant, administrated by the State of Connecticut, may be received and any such grant funds are authorized to be used to pay a part of the cost of such project, or to pay debt service related thereto; and WHEREAS, the District, as lead agency, has given due consideration to the impact that the projects described herein may have on the environment pursuant to the State Environmental Quality Review Act (SEQRA), constituting Article 8 of the Environmental Conservation Law, and 6 N.Y.C.R.R., Regulations Part 617.5 and has determined that the project is a Type Il action and no further environmental review is required for said project, NOW, THEREFORE, the Town Board hereby determines to commence proceedings under Section 202-b of the Town Law and the Town Board adopts and accepts the determinations made by the District relating to SEQRA, as described above; and it is hereby ORDERED, that a meeting of the Town Board of the Town be held at the Town Hall, 53095 Main Road, Southold, New York, on August 11, 2020 at 3:00 o'clock P.M. (Prevailing Time) to consider said increase and improvement of facilities of the District and to hear all persons interested in the subject thereof concerning the same and for such other action on the part of the Town Board with relation thereto as may be required by law; and it is Southold Town Board Regular Meeting July 14, 2020 page 33 FURTHER ORDERED, that the Town Clerk publish at least once in "The Suffolk Times, " hereby designated as the official newspaper of the Town and in "The Day" for such publication, and post on the sign board of the Town maintained pursuant to subdivision 6 of Section 30 of the Town Law, a Notice of such public hearing in substantially the form appearing in Exhibit A, certified by said Town Clerk, the first publication thereof and said posting to be not less than ten (10) nor more than twenty (20) days before the date of such public hearing. Exhibit A NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold, in the County of Suffolk, State of New York, shall hold a public hearing on Tuesday, August 11, 2020 at 3:00 p.m., or as soon thereafter as this matter can be heard, to consider any and all comments in relation to the increase and improvement of facilities of the Fishers Island Ferry District, consisting of the replacement of four (4) engines and ancillary components on the Ferry Race Point, to meet service needs between New London, Connecticut and Fishers Island, at the estimated maximum cost of$1,265,000. It is expected that grant funds, including a VW Environmental Mitigation Grant, administrated by the State of Connecticut, may be received and any such grant funds are authorized to be used to pay a part of the cost of such project, or to pay debt service related thereto. Due to public health and safety concerns related to COVID-19, the Public will not be given in-person access. In accordance with the Governor's Executive Order 202.1, said public hearing of the Town Board will be held via videoconferencing, and a transcript will be provided at a later date. The public will have an opportunity to see and hear the meeting live and provide comments virtually. The hearing will be held virtually via ZOOM Webinar. Instructions and link to attend the meeting will be available on the Town's website or by calling the Town Clerk's office at (631)765-1800. A telephone number will also be provided to allow members of the public to attend via telephone. Written comments and/or questions may also be submitted via email to the Town Clerk at elizabeth.neville@town.southold.ny.us. Said comments and/or questions will be considered at the public hearing provided that they are submitted no later than 12:00 P.M. (Prevailing Time) on the day of the public hearing. Pursuant to the requirements of the Executive Order of the Governor of the State of New York, a transcript will be prepared of the public hearing, and a copy shall be filed with the Town Clerk and placed upon the Town's website. Please check the meeting Agenda posted on the Town's website (www.southoldtownny.gov) for further instructions or for any changes to the instructions to access the public hearing, and for updated information. Dated: July 14, 2020 Southold,New York By Order of the Town Board of the Town of Southold, Suffolk County,New York Southold Town Board Regular Meeting July 14, 2020 page 34 By Elizabeth A. Neville, Town Clerk Town of Southold ,<.Yote;Record"-',Resol4tion�RES-2020,-441 RI Adopted 0 Adopted as Amended El Defeated Y,,/Aye No/Nay-j­--Abstain­j---Absent 0 Tabled 0 Withdrawn Sarah E Nappa Voter Q0 El [I 11 0 Supervisor's Appt James Dinizio Jr Voter 0 Jill Doherty Mover 1 ' Q 0 El 0 Tax Receiver's Appt Robert Ghosio Seconde� 0 Rescinded • Town Clerk's Appt Louisa P.Evans Voter ___ • Supt Hgwys Appt ScottA Russell VoterQ 0 No Action 0 Lost 2020-442 CATEGORY.• Special Events DEPARTMENT.• Town Attorney Special Events Permit Bedell North Fork 2020-11 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Bedell North Fork to hold a Special Event 2020-11 at Bedell Cellars, 36225 Main Road, Cutchogue,NY as applied for in Application BNF7c-f, BNF 8a-f for events to be held 7/14, 7/16, 7/21, 7/23, 7/28, 7/30, 8/4 and 8/6 from 6:00 PM to 10:00 PM, provided they adhere to all conditions on the application and permit and to the Town of Southold Policy for Special Events and subject to the applicant?s compliance with all executive orders of the State of New York �V2 -Record , I I "I """" v"'Vote --,Risol��ti6n",RES-2020-'44��,,,,,',�,,- -0 Ef Adopted El Adopted as Amended El Defeated L_.Yes/Aye No/Nay Abstain Absent 0 Tabled _r_ 11 Withdrawn Sarah E Nappa Secondeil [1 0 • Supervisor's Appt James Dinizio Jr Voter El • Tax Receiver's Appt Jill Doherty Voter_F_ Q I El ❑ 11 • Rescinded Robert Ghosio El Town Clerk's Appt Louisa P Evans 0 Supt Hgwys Appt ScottRussell Voter 0 No Action 0 Lost 2020-443 CATEGORY: Grants Southold Town Board Regular Meeting July 14, 2020 page 35 DEPARTMENT. Government Liaison 2020 COVID-19 CDBG Program RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to sign the Project Description Forms for the 2020 COVID-19 Community Development Block Grant Program as follows: Outdoor Walk-in Freezer & Generator for Human Resource Center $60,000 Community Action of Southold Town $30,000 New Vehicle for delivery of groceries, medicare and essential items With wheelchair lift for transportation to Doctors appointments For Seniors $60,000 Administration $5,000 Vote`-Recbrd-Resolution.RES=2020-443 "` tY, n ''"ti'' 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye j No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Sarah E Nappa Voter 0 ❑ 1 ❑ 1 ❑ El Supervisor's Appt James Dmizio Jr Voter ❑ El El 0 ❑ Tax Receiver's Appt Jill Doherty _Secondee{ 0 ; ❑1 ❑ ❑ ❑ Rescinded Robert Ghosio Mover D ❑ ❑ I ❑ ❑ Town Clerk's Appt Louisa P.Evans .Voter D ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter El ❑ ❑ ❑ No Action ❑ Lost Motion To: Close Public Hearing on 2020 COVID19 CDBG Program RESOLVED that the Town Board of the Town of Southold hereby declares the public hearing held on June 30, 2020 on the 2020 COVIDI9 Community Development Block Grant Program officially closed. RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER:Robert Ghosio, Councilman AYES: Nappa, Doherty, Ghosio, Evans, Russell ABSENT: James Dinizio Jr Motion To: Motion to recess to Public Hearing Southold Town Board Regular Meeting July 14, 2020 page 36 RESOLVED that this meeting of the Southold Town Board be and hereby is-declared Recessed at 1:39 PM in order to hold a public hearing. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Nappa, Doherty, Ghosio, Evans, Russell ABSENT: James Dinizio Jr 2020-444 CATEGORY. Enact Local Law DEPARTMENT. Town Clerk Enact-LL Moratorium WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 16" day of June,2020, a Local Law entitled, "A Local Law in relation to the Restoration and six (6) month Extension of a Temporary Moratorium on the issuance of approvals and/or permits for the parcels of property in "The State Route 25 Love Lane Intersection and-surrounding area" 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 the Southold Town Hall, 53095 Main Road, Southold,New York, on July 14,2020 at 1:OOPM. at which time all interested persons will be given an opportunity to be heard, and be it further RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to send the following proposed Local Law to the Suffolk County Planning Department and the Southold Town Planning Board for their recommendations and review. The proposed Local Law entitled, "A Local Law in relation to the Restoration and six(6) month Extension of a Temporary Moratorium on the issuance of approvals and/or permits for the parcels of property in "The State Route 25 Love Lane Intersection and surrounding area" reads as follows: LOCAL LAW NO. 2020 A Local Law entitled, "A Local Law in relation to the Restoration and six (6) month Extension of a Temporary Moratorium on the issuance of approvals and/or permits for the parcels of property in "The State Route 25 Love Lane Intersection and surrounding area" BE IT ENACTED by the Town Board of the Town of Southold, as follows: Section 1. Purpose Moratorium Extension Southold Town Board Regular Meeting July 14, 2020 page 37 The Town Board recognizes that in the area of the intersection of State Route 25 (a/k/a "Main Road") and Love Lane there is insufficient infrastructure to handle the drastic increase in traffic in recent years and to allow for the safe passage of pedestrians to safely cross Main Road at the Love Lane intersection as well as at other intersections immediately to the East and West of the aforementioned intersection. This lack of infrastructure puts the health, safety and welfare of the public at risk. The residents of the hamlet of Mattituck and the surrounding areas have voiced their concerns regarding the risk to the health, safety and welfare of the community and the need for improvements to the infrastructure at the intersection of Main Road and Love Lane. Similarly, local business owners have identified the traffic issues along Route 25 and Love Lane as having a negative effect on local businesses. A six (6) month moratorium was enacted by the Town Board of the Town of Southold as Local Law 1-2019, on August 27, 2019. The current moratorium expired in March 2020. A public hearing on an extension of this moratorium was scheduled in March, 2020, but was not held due to Town closures following Covid-19 pandemic. The moratorium as enacted, is intended to provide sufficient time for the Town to consider the recommendations of ongoing traffic studies, a parking study in the Love Lane area and the completion of the Town Comprehensive Plan. During the course of the moratorium the Town has met with New York State Department of Transportation officials to determine which of the various proposed improvements to the infrastructure the State would deem acceptable and willing to implement or allow the Town to implement. This analysis remains ongoing. In addition, the draft Town Comprehensive Plan has been completed and is now open for public comment. The final adoption of the plan is anticipated to occur by fall 2020. The Town Board wishes to be able to consider the proposals and recommendations contained in the various aforementioned plans; consider various alternatives to current zoning along Main Road; as well as implement improvements to the infrastructure and adopt any recommended land use changes,to insure the health, safety and welfare of the community to address the recent drastic increased demands on the infrastructure in the area around the Main Road/Love Lane Intersection and surrounding area. An extension of the moratorium is necessary to complete this function. Given the reasons and facts set forth above and until the planning process is completed, the Town Board finds it necessary to extend the moratorium already in effect, the terms of which remain unchanged and are set forth below. This action is necessary in order to protect the character, public health, safety and welfare of the residents of the hamlet of Mattituck as well as those visiting the Love Lane area. Section 2. ENACTMENT OF A TEMPORARY MORATORIUM Southold Town Board Regular Meeting July 14, 2020 page 3 8 Until six (6) months from the effective date of this Local Law, after which this Local Law shall lapse and be without further force and effect and subject to any other Local Law adopted by the Town Board during the six (6) month period, no agency, board, board officer or employee of the Town of Southold including but not limited to, the Town Board, the Zoning Board of Appeals, the Trustees, the Planning Board , or the Building Inspector(s) issuing any building permit pursuant to any provision of the Southold Town Code, shall issue, cause to be issued or allow to be issued any approval, special exception, variance, site plan, building permit, subdivision, or permit for any of the property situated along State Route 25, bounded on the West by intersection of State Route 25 and Bay Avenue and bounded on the East by the intersection of State Route 25 and Pike Street. Section 3. DEFINITION OF "THE STATE ROUTE 25 LOVE INTERSECTION AND SURROUNDING AREA" The State Route 25 and Love Lane intersection and surrounding area is hereby defined as the area bounded by the following public roads: All properties along State Route 25 in the hamlet of Mattituck, bounded by the intersection of State Route 25 and Bay Ave on the West and State Route 25 and Pike Street on the East. Section 4. EXCLUSIONS This Local Law shall not apply: 1) to any person or entity who/which has, prior to the effective date of this Local Law, obtained all permits required for construction of a building on any property located in the State Route 25 Love Lane Intersection and Surrounding Area including later applications to repair or alter, but not enlarge, any such building otherwise prohibited during the period of this temporary moratorium. 2) To any permit or application regarding a single family dwelling unit to be used solely for residential purposes. 3) To any application by a municipal corporation or special district or fire district. Section 5. AUTHORITY TO SUPERSEDE To the extent and degree any provisions of this Local Law are construed as inconsistent with the provisions of Town Law sections 264, 265, 265-a, 267, 267-a, 267-b, 274-a, 274-b, and 276, this Local Law is intended pursuant to Municipal Home Rule Law sections 10(1)(ii)(d)(3) and section 22 to supersede any said inconsistent authority. Section 6. VARIANCE TO THIS MORATORIUM Any person or entity suffering unnecessary hardship as that term is used and construed in Town Law section 267-b (2)(b), by reason of the enactment and continuance of this moratorium may apply to the Town Board for a variance excepting the person's or entity's premises or a portion thereof from the temporary moratorium and allowing issuance of a permit all in Southold Town Board Regular Meeting July 14, 2020 page 39 accordance with the provisions of this Southold Town Code applicable to such use or construction. Section 7. 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 impair or invalidate the remainder of this Local Law. Section 8. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State. ✓Vote Record-Resolution RES-2020-444 " Rl Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain I Absent ❑ Tabled -- - ❑ Withdrawn Sarah E Nappa Voter ❑ i 0 ❑ i ❑ --�,—�-� ❑ Supervisor's ApptJames Dmizio Jr Voter ❑ ❑- ❑ El I I - ---------- - ----- --- -- - ------------- ❑ Tax Receiver's Appt Jill Doherty Seconde 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover D ❑ ❑ i ❑ ❑ Town Clerk's Appt Louisa P Evans Voter El ❑ ❑ ❑ El Supt Hgwys Appt Scott A.Russell Voter I D i El ❑ i ❑ ❑ No Action ❑ Lost Comments regarding resolution 444 COUNCILWOMAN NAPPA: I vote no. At this point, I don't see this as temporary anymore and it inconveniences other surrounding businesses. IV. Public Hearings Ph 6/30 2:00 Pm Covid-19 Cdbg History: - 06/30/20 Town Board ADJOURNED Next: 07/14/20 TOWN CLERK NEVILLE: Citizens Ideas Wanted, On Community Development Program Needs relating to Coronavirus outbreak(COVID19) In June, 2020 the Town of Southold expects to receive approximately$150,000.00 in Federal Community Development Block Grant Funds. These funds may be used, and have been previously used for a variety of projects to be selected by local officials. Eligible activities include: Acquisition and demolition of blighted property Housing rehabilitation Southold Town Board Regular Meeting July 14, 2020 page 40 Elimination of physical barriers for the handicapped Public facilities and improvements Street Reconstruction Code Enforcement Public Water projects Economic Development Pubic Services (total allotment limited to 15%) Town Residents are invited to attend this public hearing on Tuesday,June 30, 2020 at 2:00 PM at the Southold Town Hall, 53095 Main Road, Southold, New York, to express citizen views on relating to Coronavirus outbreak COVIDI9 needs to be met with these funds. SUPERVISOR RUSSELL: Who would like to address the Town Board on this particular public hearing? (No response) RESOLVED that the Town Board of the Town of Southold hereby declares the public hearing held on June 30, 2020 on the 20,20 COVIDI9 Community Development Block Grant Program official closed. RESULT: CLOSED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER:Robert Ghosio, Councilman AYES: Nappa, Doherty, Ghosio, Evans, Russell ABSENT: James Dinizio Jr 1. PH 7/14 1:0'OPm -LL Moratorium RESULT: CLOSED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER:Robert Ghosio; Councilman AYES: Nappa, Doherty, Ghosio, Evans, Russell ABSENT: James Dinizio Jr Councilman Robert Ghosio COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN that there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 16t1 day of June, 2020, a Local Law entitled, "A Local Law in-relation to the Restoration-and six(6) month Extension of a Temporary Moratorium on the issuance of approvals and/or permits for the parcels of property in "The State Route 25 Love Lane Intersection and surrounding area" 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 the Southold Town Hall, 53095 Main Road, Southold,New York, on the 14th day of July 2020 at 1:00PM. at which time all interested persons will be given an opportunity to be heard, and be it further RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to send the following proposed Local Law to the Suffolk County Planning Southold Town Board Regular Meeting July 14, 2020 page 41 Department and the Southold Town Planning Board for their recommendations and review. The proposed Local Law entitled, "A Local Law-in relation to the Restoration and six (6) month Extension of a Temporary Moratorium on the issuance of approvals and/or permits for the parcels of property in "The State Route 25 Love Lane Intersection and surrounding area" reads as follows: LOCAL LAW NO. 2020 A Local Law entitled, "A Local Law in relation to the Restoration and six (6) month Extension of a Temporary Moratorium on the issuance of approvals and/or permits-for the parcels of property in "The State Route 25 Love'Lane Intersection-and surrounding area" BE IT ENACTED by the Town Board of the Town of Southold, as follows: Section 1. Purpose Moratorium Extension The Town Board recognizes that in the area of the intersection of State Route 25 (a/k/a "Main Road") and Love Lane there is insufficient infrastructure to handle the drastic increase in traffic in recent years and to allow for the safe passage of pedestrians to safely cross Main Road at the Love Lane intersection as well as at other intersections immediately to the East and West of the aforementioned intersection. This lack of infrastructure puts the health, safety and welfare of the public at risk. The residents of the hamlet of Mattituck and the surrounding areas have voiced their concerns regarding the risk to the health, safety and welfare of the community and the need for improvements to the infrastructure at the intersection of Main Road and Love Lane. Similarly, local business owners have identified the traffic issues along Route 25 and Love Lane as having a negative effect on local businesses. A six(6) month moratorium was enacted by the Town Board of the Town of Southold as Local Law 1-2019, on August 27, 2019. The current moratorium expired in March 2020. A public hearing on an extension of this moratorium was scheduled in March, 2020, but was not held due to Town closures following Covid-19 pandemic. The moratorium as enacted, is intended to provide sufficient time for the Town to consider the recommendations of ongoing traffic studies, a parking study in the Love Lane area and the completion of the Town Comprehensive Plan. During the course of the moratorium the Town has met with New York State Department of Transportation officials to determine which of the various proposed improvements to the infrastructure the State would deem acceptable and willing to implement or allow the Town to implement. This analysis remains ongoing. In addition, the draft Town Comprehensive Plan has been completed and is now open for public comment. The final adoption of the plan is anticipated to occur by fall 2020. Southold Town Board Regular Meeting July 14, 2020 page 42 The Town Board wishes to be able to consider the proposals and recommendations contained in the various aforementioned plans; consider various alternatives to current zoning along Main Road; as well as implement improvements to the infrastructure and adopt any recommended land use changes, to insure the health, safety and welfare of the community to address the recent drastic increased demands on the infrastructure in the area around the Main Road/Love Lane Intersection and surrounding area. An extension of the moratorium is necessary to complete this function. Given the reasons and facts set forth above and until the planning process is completed, the Town Board finds it necessary to extend the moratorium already in effect,the terms of which remain unchanged and are set forth below. This action is necessary in order to protect the character,public health, safety and welfare of the residents of the hamlet of Mattituck as well as those visiting the Love Lane area. Section 2. ENACTMENT OF A TEMPORARY MORATORIUM Until six (6) months from the effective date of this Local Law, after which this Local Law shall lapse and be without further force and effect and subject to any other Local Law adopted by the Town Board during the six (6) month period, no agency, board, board officer or employee of the Town of Southold including but not limited to, the Town Board, the Zoning Board of Appeals,the Trustees, the Planning Board , or the Building Inspector(s) issuing any building permit pursuant to any provision of the Southold Town Code, shall issue, cause to be issued or allow to be issued any approval, special exception, variance, site plan, building permit, subdivision, or permit for any of the property situated along State Route 25, bounded on the West by intersection of State Route 25 and Bay Avenue and bounded on the East by the intersection of State Route 25 and Pike Street. Section 3. DEFINITION OF "THE STATE ROUTE 25 LOVE INTERSECTION AND SURROUNDING AREA" The State Route 25 and Love Lane intersection and surrounding area is hereby defined as the area bounded by the following public roads: All properties along State Route 25 in the hamlet of Mattituck, bounded by the intersection of State Route 25 and Bay Ave on the West and State Route 25 and Pike Street on the East. Section 4. EXCLUSIONS This Local Law shall not apply: 1) to any person or entity who/which has, prior to the effective date of this Local Law, obtained all permits required for construction of a building on any property located in the State Route 25 Love Lane Intersection and Surrounding Area including later applications to repair or alter, but not enlarge, any such building otherwise prohibited during the period of this temporary moratorium. 2) To any permit or application regarding a single family dwelling unit to be used Southold Town Board Regular Meeting July 14, 2020 page 43 solely for residential purposes. 3) To any application by a municipal corporation or special district or fire district. Section 5. AUTHORITY TO SUPERSEDE To the extent and degree any provisions of this Local Law are construed as inconsistent with the provisions of Town Law sections 264, 265, 265-a, 267, 267-a, 267-b, 274-a, 274-b, and 276, this Local Law is intended pursuant to Municipal Home Rule Law sections I0(1)(ii)(d)(3) and section 22 to supersede any said inconsistent authority. Section 6. VARIANCE TO THIS MORATORIUM Any person or entity suffering unnecessary hardship as that term is used and construed in Town Law section 267-b (2)(b), by reason of the enactment and continuance of this moratorium may apply to the Town Board for a variance excepting the person's or entity's premises or a portion thereof from the temporary moratorium and allowing issuance of a permit all in accordance with the provisions of this Southold Town Code applicable to such use or construction. Section 7. 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 impair or invalidate the remainder of this Local Law. Section 8. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State. I do have a memorandum here from the Planning Board office, from the chairman of the Planning Board, Donald Wilcenski. 'Thank you for the opportunity to provide comments on the above referenced local law. The Planning Board supports the extension of the moratorium." I also do have a copy of this hearing being advertised in the Suffolk Times, it was also posted on the Town Clerk's bulletin board and the town website. Supervisor Russell SUPERVISOR RUSSELL: Does the moderator have anyone that would like to comment on this particular public hearing? Anne Smith, President Mattiuck/LaurelCivic Assoc ANNE SMITH: Anne Smith, President of the Mattituck/Laurel Civic Association. Thank you and thank you for helping us get on line and speaking to you in person sort of. I am the current President of the Mattituck/Laurel Civic Association, so I am here representing our Board and members. As a civic, we continue to monitor development in the area under consideration for Southold Town Board Regular Meeting July 14, 2020 page 44 the continued moratorium. Our unique surroundings on the North Fork require diligence and attention to maintaining developing community character in the best interest of and safety and well-being for our community members and our visitors. We agree as a civic and have suggested the kind of in-depth study currently on your way. The proposals put forward by the Mattituck/Laurel Civic Association suggest a walkable hamlet with various (inaudible) that would anchor the hamlet of Mattituck and reflect the scale of development that is in keeping with the recommendations found in the soon to be adopted comprehensive plan. Traffic and safety remain a priority of significant concern and this only seems to be getting worse over the last year. Mattituck/Laurel Civic has recommended the following in the past (inaudible) and is part of the overwhelmingly passed resolution by our members to pursue past recommendations for open space. We stated then and continue to state until vehicular and pedestrian hazards are resolved on Main Road between Bay Avenue and Wickham Avenue, nothing should be done in the heart of Mattituck that increases density or worsens traffic. Traffic on the Main Road between Bay Avenue and Wickham Avenue is dangerous. It is fast moving, heavy volume and poorly managed. This all continues to be true and now is more true than really has been, we need to rethink the concept of the community and how we safely interact and come together in our hamlets across the town. Mattituck/Laurel Civic Association agrees infrastructure must be examined with experts and local input before any applications,are considered. We fully support the continuation of the moratorium as stated in your proposal. Continuation will give the town and the community the time we need and we look forward to working with the town, other local civics and a broad range of local community members to carefully implement the spirit of your comprehensive plan. Again, thank you, it's nice to be at a meeting again and I hope everything continues to go well for you at a town level. We are here to help. COUNCILWOMAN DOHERTY: Thank you. SUPERVISOR RUSSELL: Thank you. MS. SMITH: You're welcome. SUPERVISOR RUSSELL: Would anybody else like to comment on this particular public hearing? MODERATOR: I do not see anymore raised hands. COUNCILMAN GHOSIO: I make a motion we close the hearing. COUNCILWOMAN NAPPA: I do have a letter that was asked to be read. COUNCILMAN GHOSIO: I wasn't given a letter. COUNCILWOMAN NAPPA: Betty forwarded it to us. Southold Town Board Regular Meeting July 14, 2020 page 45 JUSTICE EVANS: It was in our email. TOWN ATTORNEY DUFFY: It is part of the public hearing, I don't think it has to be read, it is part of the public record. SUPERVISOR RUSSELL: Requested by the attorney, we don't have an obligation to read it. COUNCILWOMAN DOHERTY: I don't have it in front of me. SUPERVISOR RUSSELL: I just literally got it. COUNCILWOMAN DOHERTY: I don't have it. TOWN ATTORNEY DUFFY: It's part of the hearing already. COUNCILWOMAN NAPPA: I think we should read it. JUSTICE EVANS: I think we should summarize it at least. Basically it's a letter from the Brinkmann's. Supervisor Scott A. Russell SUPERVISOR RUSSELL: Other Board members haven't even gotten it. I literally got it right before the,this meeting. So it was just received today, I am going to just quickly read it. It says "Dear Ms. Neville, We are the principals of Mattituck 125000 LLC, the owner of the parcel of land located on the corner of Main Road and New Suffolk Avenue in Mattituck and we are taxpayers in Southold Town. We are informed that a public hearing will be held on Tuesday, July 14th at 1:00 PM regarding renewing a moratorium preventing the issuance of building permits. However, I must point out that there is an inconsistency between the resolution calling for the public hearing and the Town Board agenda. The resolution states that at the hearing all interested people would be given an opportunity to be heard. However,the meeting agenda states "Pursuant to Executive Order 202.1 of New York Governor Cuomo in-person access of the public will not be permitted. A recording of the meeting will air on channel 22 and will be posted on the town's website." Unlike other jurisdictions which gives an opportunity for members of the public to participate via electronic platform, Southold does not give any guidance as to how members of the public have an opportunity to be heard. So we are submitting this correspondence and asking that it be read into and become part of the record. The resolution calling for the public hearing states six month moratorium was enacted by the Town Board of the Town of Southold on August 22, 2019. The current moratorium expired in March 2020, a public hearing on the extension of the moratorium was scheduled in March of 2020 but not held due to the town's closure following the COVID 19 pandemic. This is not entirely true,the moratorium was first enacted February 26, 2019 not August 22, 2019 a full six months earlier. The local law claims this to be a temporary moratorium however, if the Town Southold Town Board Regular Meeting July 14, 2020 page 46 Board enact this local law this temporary moratorium will now be in effect for more than two years. It is no longer temporary but now has become an indefinite obstacle to one seeking the lawful use of one's property. The moratorium has been going on for 17 months and the town is seeking another six month extension. In resolution 2019-214 which enacted the moratorium, it stated that the Town Board has commissioned a traffic study in the area to identify the issues that need to be addressed, and proposed solutions and improvements to the infrastructure. A traffic study only takes a few weeks to design and collect results. We were under the assumption that this had to be done some time ago for there is no legitimate reason why it has not been performed. At this point it is incumbent on the town to provide the public the following information: who conducted the traffic study, how much money was expended on the study, what was the data collected, on what dates and times was trip generation data collected, when were field observations conducted, what are the results of the trip generation and field observations, what conclusions were developed from the study, were any issues identified that need to be addressed, were any solutions and improvements to the infrastructure proposed and what mitigation measures are being explored? If no traffic study has yet been performed,then it is very clear that there is no legitimacy to this temporary moratorium, and it has been designed to thwart one owner from developing its property. The resolution on today's calendar also states 'during the course of the moratorium the town has met with the NYS Department of Transportation officials to determine which of the various proposed improvements to the infrastructure the state would deem acceptable and willing to implement or allow the town to implement.' What are the various proposed improvements to the infrastructure, what are the possible costs, how many meetings have been held with the NYS Department of Transportation, are concrete proposals being considered solely by region 10 of the DOT or have they been forwarded to central administration in Albany? This moratorium cannot be extended until these questions have been answered. Regardless of any animus the town may have against us, the town has a duty to the residents of Southold to be upfront and transparent as to where things stand. Government only works for its citizens when it is open and transparent and not to hide in the darkness by utilizing delaying tactics and refusing to open its doors, either in actuality or virtually to the public. Sincerely, Hank Brinkmann and Ben Brinkmann.' Councilwoman Sarah Nappa COUNCILWOMAN NAPPA: Do we have any answers to those questions about the traffic study? SUPERVISOR RUSSELL: No, we don't. COUNCILWOMAN NAPPA: Is the traffic study still open? Was it concluded? COUNCILWOMAN DOHERTY: The last time we spoke to Michael they were getting close to it but the COVID had stopped it, they had closed their office, they needed more time. SUPERVISOR RUSSELL: The applicant identified questions that he said we need to answer and from my understanding, that's not(inaudible), that's an opinion and I appreciate it but the Southold Town Board Regular Meeting July 14, 2020 page 47 study is moving forward and we are in public hearing, so if anybody else has any comments, are there any comments from the Board? TOWN ATTORNEY DUFFY: Inaudible. I do have the official meeting notice that does have the specific directions on how to join, I can share that. COUNCILWOMAN DOHERTY: Yes, I have it right here, that's why I asked.... SUPERVISOR RUSSELL: The original notice did.... Town Attorney William Duffy TOWN ATTORNEY DUFFY: The official notification, there's instructions on how to join the meeting via zoom or to call in. The only defect is in the printed agenda but all the official notices did give proper instructions on how to (inaudible). Supervisor Russell SUPERVISOR RUSSELL: Are there any other hands raised? (No hands were raised) Are there any other comments from the Town Board? (No response). Motion to close the hearing? Closinlz Comments Supervisor Russell SUPERVISOR RUSSELL: Is there anybody with hands up, moderator, who would like to reference any item of public interest? JUSTICE EVANS: Scott,you may want to ask and tell them to raise their hand if they want to say something. SUPERVISOR RUSSELL: If anybody has any comments of any item of general interest, please feel free to raise your hand. (No hands raised) Can I get a motion to adjourn? Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 2:09 P.M. u n Elizabeth A. Neville Southold Town Clerk Southold Town Board Regular Meeting July 14, 2020 page 48 RESULT: ADOPTED [UNANIMOUS] MOVER: Robert Ghosio, Councilman SECONDER:Jill Doherty, Councilwoman AYES: Nappa, Doherty, Ghosio, Evans, Russell ABSENT: James Dinizio Jr