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HomeMy WebLinkAboutAG-06/29/2021 ELIZABETH A. NEVILLE Town Hall, 53095 Main Road TOWN CLERK PO Box 1179 Southold, NY 11971 REGISTRAR OF VITAL STATISTICS Fax (631) 765-6145 MARRIAGE OFFICER Telephone: (631) 765 - 1800 RECORDS MANAGEMENT OFFICER www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER AGENDA FINAL SOUTHOLD TOWN BOARD June 29, 2021 4:30 PM POLICY: At the beginning of scheduled Town Board meetings, the attending public is encouraged to briefly address the Town Board relating to agenda resolutions prior to their enactment; the public will also be given time at the conclusion of the regularly scheduled business agenda to address the Board on any given topic. ONLINE ACCESS: The Tentative Agenda is generally available the Friday before the meeting. The video of the meeting is usually available to watch live during the meeting. Minutes with adopted resolutions are available 1-2 days after the meeting. A full copy of the minutes, agenda and meeting video can be viewed by going to the official Town of Southold website: www.southoldtownny.gov and following either of the following: (1) Move pointer over “Government” on the Town website home page. You will find the title “Town Supervisor/Town Board”. Under this title you will see “Southold Town Board Meetings and Agendas”. or (2) Go to “How Do I”, in the right upper corner of the Town website home page, Choose “Access”, then “Southold Town Board Meetings and Agendas. Go to the date of the meeting and click on "Minutes Packet" this is the full copy of the resolutions. (Scroll to bottom of page for KEY to symbols). You can view the live video of the meeting by clicking on the camera symbol. All of this information is available 24/7. If you would like help navigating the site, please feel free to call my office 631-765-1800. Due to the expiration of the New York State Governor’s Executive Orders regarding the COVID-19 pandemic in-person access to the Public will now be permitted. The meeting will still be accessible via Zoom and streamed live on the Town’s website. The meeting can be viewed live by going to the Town’s website at www.southoldtownny.gov home page. Click on the “Government” tab, once the drop down menu appears, under “Town Supervisor/Town Board”, click on “Southold Town Board Minutes and Agendas” which takes the user to the Town of Southold Meeting Portal page. Once on the Meeting Portal page, click on “June 29, 2021 4:30PM” and then click on “Video”. A recording of the meeting will also air on Channel 22 and will be posted on the Town’s website Southold Town Meeting Agenda - June 29, 2021 Page 2 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 and Lynda.rudder@town.southold.ny.us . Said comments and/or questions will be considered at the public hearing provided that they are submitted no later than 12:00 P.M. (Prevailing Time) on the day of the public hearing. Pursuant to the requirements of the Executive Order of the Governor of the State of New York, a transcript will be prepared of the public hearing, and a copy shall be filed with the Town Clerk and placed upon the Town's website. Please check the meeting Agenda posted on the Town’s website (www.southoldtownny.gov) for further instructions or for any changes to the instructions to access the public hearing, and for updated information. CALL TO ORDER 4:30 PM Meeting called to order on June 29, 2021 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Present Absent Late Arrived Councilwoman Sarah E. Nappa    Councilman James Dinizio Jr    Councilwoman Jill Doherty    Councilman Robert Ghosio    Justice Louisa P. Evans    Supervisor Scott A. Russell    I. REPORTS II. PUBLIC NOTICES III. COMMUNICATIONS IV. DISCUSSION 1. 9:00 Am - John Sepenoski Bay to Sound Grant Authorization and Bay to Sound Trails Pipes Cove Preserve Expansion Plan 2. 9:15 Am - Supervisor Russell, Kristie Hansen-Hightower, Town Comptroller (Zoom) and Bill Duffy ARPA (American Rescue Plan Act) 3. 9:30 Am - Denis Noncarrow, Jack Malley-Economic Development Committee Chair, Nicole Helf- Southold School Certified Career Services Provider, Lynn Nyilas-Youth Bureau Director Southold Town Meeting Agenda - June 29, 2021 Page 3 Employment Education Experience Program 4. 9:45 Am - Denis Noncarrow and Jack Malley, Economic Development Committee Chair EDC Business Survey 5. 10:00 Am - Michael Collins Update on Town Hall/Town Hall Annex Project 6. Town Attorney Code Amendment to Chapter 180 “Noise Regarding Contractor’s Use of Leaf Blowers 7. Town Attorney Coastal Erosion Appeal Application of Elizabeth Callander-Set Public Hearing 8. Supervisor Russell IR 1478-2021- Proposed Local Law to Allow Regional Input of Planning Commission Referrals and Meetings 9. Supervisor Russell Town of Southold Representative to the Suffolk County Gabreski Community Advisory Board 10. EXECUTIVE SESSION - Labor - Matters Involving the Employment of a Particular Person(S) - Councilwoman Doherty re: Town Hall Annex - Justice Evans re: Fishers Island Liaison to LPC - Councilwoman Nappa re: Transportation Commission Chair 11. EXECUTIVE SESSION - Proposed Acquisition(S), Sale or Lease of Real Property Where Publicity Would Substantially Affect the Value Thereof - Councilman Ghosio MINUTES APPROVAL RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, January 05, 2021 RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, January 19, 2021 RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, February 02, 2021 RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, February 23, 2021 RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, March 09, 2021 RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, March 23, 2021 Southold Town Meeting Agenda - June 29, 2021 Page 4 RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, April 06, 2021 RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, April 20, 2021 V. RESOLUTIONS 2021-522 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated June 29, 2021.  Vote Record - Resolution RES-2021-522 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent  Defeated Sarah E. Nappa      Tabled  Withdrawn James Dinizio Jr     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell      No Action  Lost 2021-523 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Set Next Town Board Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, July 13, 2021 at the Southold Town Hall, Southold, New York at 7:00 P. M..  Vote Record - Resolution RES-2021-523 Adopted  Yes/Aye No/Nay Abstain Absent Adopted as Amended  Sarah E. Nappa     Defeated  James Dinizio Jr     Tabled  Withdrawn  Jill Doherty      Supervisor's Appt Robert Ghosio      Tax Receiver's Appt Louisa P. Evans     Rescinded  Southold Town Meeting Agenda - June 29, 2021 Page 5 Town Clerk's Appt  Scott A. Russell     Supt Hgwys Appt   No Action  Lost 2021-524 Tabled 6/15/2021 7:00 PM CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint Donna Westermann Full Time Office Assistant RESOLVED that the Town Board of the Town of Southold hereby appoints Donna Westermann to the position of a full-time Office Assistant for the Zoning Board of Appeals effective July 1, 2021, at a rate of $39,875.90 per year.  Vote Record - Resolution RES-2021-524  Adopted Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled  Withdrawn  James Dinizio Jr     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio      Rescinded  Town Clerk's Appt Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2021-525 Tabled 6/15/2021 7:00 PM CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL Chapter 280 Corner Lots WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk th County, New York, on the 4 day of May, 2021, a need for amendments to the zoning code; and WHEREAS, it has been presented a Local Law entitled “A Local Law in relation to an Amendment to Chapter 280, Zoning” and Southold Town Meeting Agenda - June 29, 2021 Page 6 WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, “A Local Law in relation to an Amendment to Chapter 280, Zoning” reads as follows: LOCAL LAW NO. 2021 A Local Law entitled, “A Local Law in relation to an Amendment to Chapter 280, Zoning”. BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The purpose of this local law is to address issues concerning corner lots. II. Chapter 280 of the Code of the Town of Southold is hereby amended to include the underlined words and remove the struck through words as follows: § 280-4 Definitions. LOT, CORNER A lot situated at the junction of and abutting fronting on two or more intersecting streets where the interior angle of intersection does not exceed 135°. A lot abutting a curved street shall be deemed a "corner lot" if the tangents to the curve at the points of intersection of the side lot lines with the street lines intersect at an interior angle of less than 135°. YARD, FRONT An unoccupied ground area open to the sky between the street line, or between the street line established by the Official Map of the Town or an approved subdivision plat, and a line drawn parallel thereto. Except, if the owner of the lot does not have the right to use or travel over a bordering street, right-of-way or street line, the side of the lot bordering that particular street, right-of-way or street line shall not be considered to be a front yard, and any accessory structure placed in such yard shall comply with the applicable side yard setbacks for the zoning district within which it is located.on the same lot with a building or structure, extending the full width of the lot and situated between the street line and the front line of the building or structure projected to the side lines of the lot. The depth of the front yard shall be measured between the front line of the building or structure and the street line. YARD, PRIMARY FRONT For principal structures located on corner lots, that portion of said corner lot which has frontage upon one of the streets on which the lot is located and is identified as the primary front yard on plans or by physical layout. YARD, REAR An unoccupied ground area fully open to the sky between the rear lot line and a line drawn Southold Town Meeting Agenda - June 29, 2021 Page 7 parallel thereto. on the same lot with a building or structure, extending the full width of the lot and situated between the rear line of the lot and the rear line of the main building or structure projected to the side lines of the lot. The depth of the rear yard shall be measured between the rear line of the lot and the rear line of the main building or structure. In the case of corner and through lots, as defined in this chapter, the rear lot line shall be opposite the primary front lot line. YARD, SECONDARY FRONT For principal structures located on corner lots, that portion of a corner lot which has frontage upon one the streets on which the lot is located and which not identified as the primary front yard, shall be deemed the secondary front yard. YARD, SIDE An unoccupied ground area fully open to the sky between any property line other than a street or rear lot line and a line drawn parallel thereto between the front and rear yards. on the same lot with a building or structure, extending from the rear line of the front yard to the front line of the rear yard and situated between the side line of the main building or structure and the adjacent side line of the lot. In the case of corner lots, as defined in this chapter, lot lines opposite a secondary front lot line shall be deemed a side yard and shall have a minimum width equal to the minimum side yard requirements of the zoning district in which located. § 280-105 Height of fences, walls and berms. Fences, walls or berms may be erected and maintained, subject to the following height limitations: A. When located in the front yard of residential zones, the same shall not exceed four feet in height. When located in the front yard of nonresidential zones, the same shall not exceed six feet in height. B. When located in or along side and rear yards, the same shall not exceed 6 1/2 feet in height. C. When located in or along a secondary front yard the same shall not exceed 6 1/2 feet in height and shall be set back from the secondary front yard line no less than 10 feet. DC. In residential and nonresidential zones, except properties/parcels engaged in bona fide agricultural production, the installation of a deer exclusion fence may be permitted by obtaining a building permit issued by the Building Inspector, subject to the following criteria: (1) When located in or along side and rear yards, the height of the deer exclusion fence shall not exceed eight feet. (2) When located in or along a secondary front yard the height of the deer fence shall not exceed eight feet in height and shall be set back from the secondary front yard line no less than 10 feet. (2(3) Specifications for construction of deer exclusion fences: (a) Fencing fabric: high-tensile, woven wire fence fabric with graduated opening. (b) Spacing between posts: 20 feet. (4) Deer fencing is prohibited in or along the front yard or primary front yard of any property. Southold Town Meeting Agenda - June 29, 2021 Page 8 § 280-106 Corner lots. A. On a corner lot, front yards are required on both street frontages, and one yard other than the front yard shall be deemed to be a rear yard, and the other or others side yards. AB. On all corner lots, berms, walls, fences and hedges or any other potential obstruction to vision shall not exceed a height of 2 1/2 feet above the average street level within an isosceles triangle having thirty-foot sides along each street to preserve sight lines for traffic. § 280-124 Nonconforming lots. A. This section is intended to provide minimum standards for granting of a building permit for the principal buildings of lots which are recognized by the Town under § 280-9, are nonconforming and have not merged pursuant to § 280-10. B. Such lot shall be required to meet the following: Area (square feet) Lot Coverage Front (feet) Side (feet) Yard Both Rear (feet) Sides (feet) 200,000 to 399,999 5% 60 30 60 100 120,000 to 199,999 10% 60 30 60 85 80,000 to 119,999 20% 60 20 45 75 60,000 to 79,999 20% 55 20 45 75 40,000 to 59,999 20% 50 20 40 60 20,000 to 39,999 20% 40 15 35 50 Less than 20,000 20% 35 10 25 35 C. Nonconforming lots with primary and secondary front yards shall be required to meet the following: Area (sq feet) Primary Front yard Secondary Front yard Side yard Less than 20,000 35 20 10 20,000 to 39,999 40 25 15 Southold Town Meeting Agenda - June 29, 2021 Page 9 ZONING 280 Attachment 3 Town of Southold Bulk Schedule for Residential Districts Column No. i ii iii Iv v vi vii ix x xi xii District A-C R-40 R-80 R-120 R-200 R-400 HD RR RO Residential 2-Family Unit where Detached community Dwellings water and in R-80 sewer District available Minimum requirements for 1-family detached Dwellings Lot size (square feet) 80,000 40,000 80,000 120,000 200,000 400,000 20,000 20,000 40,000 10,000 160,000 Lot width (feet) 175 150 175 200 270 270 75 75 150 60 270 Lot Depth (feet) 250 175 250 300 400 400 120 120 175 80 400 Front yard (feet) 60 50 60 60 60 60 35 35 50 30 60 Primary Front yard (feet) 60 50 60 60 60 60 35 35 50 30 60 Secondary front yard (feet) 40 35 40 40 40 40 25 25 35 20 Side yard (feet0 20 15 20 30 30 30 15 15 15 15 30 Both side yards (feet) 45 35 45 60 60 60 30 30 35 30 60 Rear Yards (feet) 75 50 75 85 100 100 35 35 50 30 85 Livable floor area (square feet per 850 850 850 850 850 850 850 850 850 850 850 dwelling) Maximum permitted dimensions: Lot coverage (percent) 20 20 20 10 5 5 25 25 20 25 10 Building height (feet) 35 35 35 35 35 35 35 35 35 35 35 Number of stories 2 ½ 2 ½ 2 ½ 2 ½ 2 ½ 2 ½ 2 ½ 2 ½ 2 ½ 2 ½ 2 ½ III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect after filing with the Secretary of State as provided by law.  Vote Record - Resolution RES-2021-525 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa      Tabled  Withdrawn James Dinizio Jr     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell      No Action  Lost Southold Town Meeting Agenda - June 29, 2021 Page 10 2021-526 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Approve Resolution Number 2021-104 RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves Resolution Number 2021-104 of the Fishers Island Ferry District adopted June 21, 2021 which reads as follows: Whereas resolution 2021-078 included an incorrect rate for Mr. Fiora; and Therefore it is RESOLVED to rescind resolution 2021-078; and WHEREAS the Fishers Island Ferry District policy as described in the Employee Handbook and the CSEA Collective Bargaining Agreement grants a 1% longevity increase to wages when an individual has been employed by the Fishers Island Ferry District for twenty (20) years; and, WHEREAS Michael Fiora has met that requirement. now therefore be it further RESOLVED that Mr. Fiora’s wages be increased from $32.33 to $32.65 per hour, effective June 21, 2021.  Vote Record - Resolution RES-2021-526  Adopted  Adopted as Amended Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled  Withdrawn  James Dinizio Jr     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio      Rescinded  Town Clerk's Appt Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2021-527 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Approve Resolution Number 2021-105 Southold Town Meeting Agenda - June 29, 2021 Page 11 RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves Resolution Number 2021-105 of the Fishers Island Ferry District adopted June 21, 2021 which reads as follows: Whereas resolution 2021-065 misspelled Mr. Muti’s name; and Therefore it is RESOLVED to rescind resolution 2021-065; and It is further RESOLVED to temporarily appoint with effect May 15, 2021, Lucas Muti as a Laborer with full-time summer seasonal status at a rate of $14 per hour. On September 15, 2021, Mr. Muti will terminate his summer seasonal position as Laborer.  Vote Record - Resolution RES-2021-527 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled   Withdrawn James Dinizio Jr      Supervisor's Appt Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2021-528 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Approve Resolution Number 2021-106 RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves Resolution Number 2021-106 of the Fishers Island Ferry District adopted June 21, 2021 which reads as follows: Whereas resolution 2021-094 had an incorrect pay rate for Anthony Mirabelli; and Therefore it is RESOLVED to amend resolution 2021- 094 with Mr. Mirabelli’s correct new wage rate of $32.97 with effect June 17, 2021.  Vote Record - Resolution RES-2021-528 Adopted  Yes/Aye No/Nay Abstain Absent Adopted as Amended  Sarah E. Nappa     Defeated  Southold Town Meeting Agenda - June 29, 2021 Page 12 Tabled  James Dinizio Jr     Withdrawn  Jill Doherty      Supervisor's Appt Robert Ghosio      Tax Receiver's Appt  Rescinded Louisa P. Evans     Town Clerk's Appt  Scott A. Russell     Supt Hgwys Appt  No Action  Lost  2021-529 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Approve Resolution Number 2021-107 RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves Resolution Number 2021-107 of the Fishers Island Ferry District adopted June 21, 2021 which reads as follows: It is RESOLVED to rescind resolution 2021-097; and THEREFORE, IT IS FURTHER RESOLVED to promote Ms. McCarthy to Senior Agent and increase wages to $18.00, with effect June 17, 2021.  Vote Record - Resolution RES-2021-529  Adopted Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled  Withdrawn  James Dinizio Jr     Supervisor's Appt  Jill Doherty      Tax Receiver's Appt Robert Ghosio      Rescinded  Town Clerk's Appt Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2021-530 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Southold Town Meeting Agenda - June 29, 2021 Page 13 Approve Resolution Number 2021-108 RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves Resolution Number 2021-108 of the Fishers Island Ferry District adopted June 21, 2021 which reads as follows: WHEREAS Steven Conary has exceeded the requirement of his current position and requested to increase his role at the Ferry District; and It is RESOLVED to appoint Mr. Conary to a part-time Deckhand (FIFD) with effect June 17, 2021; and THEREFORE, IT IS FURTHER RESOLVED to promote Steven Conary to full time Cashier (FIFD) at an hourly wage rate of $17.00 for both his part-time Deckhand (FIFD) and full-time Cashier (FIFD) positions with effect June 17, 2021.  Vote Record - Resolution RES-2021-530 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled   Withdrawn James Dinizio Jr      Supervisor's Appt Jill Doherty      Tax Receiver's Appt Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2021-531 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Approve Resolution Number 2021-109 RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves Resolution Number 2021-109 of the Fishers Island Ferry District adopted June 21, 2021 which reads as follows: WHEREAS George Cook has exceeded the requirement of District Manager; and It is RESOLVED to give Mr. Cook a $10,000 bonus and increase his wages by four percent (4%) to $140,608 with effect June 17, 2021; Southold Town Meeting Agenda - June 29, 2021 Page 14  Vote Record - Resolution RES-2021-531 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent  Defeated Sarah E. Nappa      Tabled  Withdrawn James Dinizio Jr     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell      No Action  Lost 2021-532 CATEGORY: Authorize to Bid DEPARTMENT: Engineering Advertise for Moores Drain Daylighting Project at Skipper Horton Park RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the Moores Lane Daylighting Project at Skipper Horton Park.  Vote Record - Resolution RES-2021-532 Adopted   Adopted as Amended Yes/Aye No/Nay Abstain Absent  Defeated Sarah E. Nappa     Tabled  Withdrawn  James Dinizio Jr     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded   Town Clerk's Appt Louisa P. Evans      Supt Hgwys Appt Scott A. Russell      No Action Lost  2021-533 CATEGORY: Grants DEPARTMENT: Land Management Coordination Bay to Sound Integrated Trails Initiative Phase 5 Grant App Southold Town Meeting Agenda - June 29, 2021 Page 15 RESOLVED, the Town Board of the Town of Southold authorizes and directs Supervisor Scott A. Russell to execute a grant application to the New York Department of State for funding for the Bay to Sound Integrated Trails Initiative Phase 5, all in accordance with the approval of the Town Attorney.  Vote Record - Resolution RES-2021-533  Adopted  Adopted as Amended Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled  Withdrawn  James Dinizio Jr     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio      Rescinded  Town Clerk's Appt Louisa P. Evans      Supt Hgwys Appt Scott A. Russell     No Action  Lost  2021-534 CATEGORY: Public Service DEPARTMENT: Land Management Coordination Bay to Sound Trails Pipes Cove Preserve Expansion Plan RESOLVED that the Town Board approves the Bay to Sound Trails Pipes Cove Preserve Expansion Plan and adds it to the Town's open space project list.  Vote Record - Resolution RES-2021-534 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent  Defeated Sarah E. Nappa      Tabled  Withdrawn James Dinizio Jr     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell      No Action  Lost Southold Town Meeting Agenda - June 29, 2021 Page 16 2021-535 CATEGORY: Special Events DEPARTMENT: Town Attorney Special Events Laurel Lake Vineyard 2021-32 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Christopher Richards, East End Events Catering to hold Special Event 2021-32 at the Laurel Lake Vineyard, 3165 Main Road, Laurel, New York as applied for in Application LLV4a-f for six (6) wine and food pairing events: July 9, July 10, July 11, July 16, July 17, July 18, 2021 from 12:00 PM to 6:00 PM. Provided the permittee adheres to the following condition: Construction areas must be made off-limits to attendees of the special events. Parking, portable bathroom trailers, tents and other areas where the public and/or attendees will be parking, walking or gathering must be safely separated from the construction area. And furthermore they adhere to conditions on the application, permit and to the Town of Southold Policy for Special Events.This permit is subject to revocation if the applicant fails to comply with any of the conditions of the approval or is unable to properly control traffic flow into and out of the event.  Vote Record - Resolution RES-2021-535 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled   Withdrawn James Dinizio Jr      Supervisor's Appt Jill Doherty      Tax Receiver's Appt Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2021-536 CATEGORY: Budget Modification DEPARTMENT: Police Dept 2021 Budget Modification- Police Department Financial Impact: Reimbursement from Integon National Insurance Co. ref: MVA 21-006360 Asset #5006 RESOLVED that the Town Board of the Town of Southold hereby modifies the 2021 General Southold Town Meeting Agenda - June 29, 2021 Page 17 Fund Whole Town budget as follows: Increase Revenues: A.2680.00 Insurance Recoveries $6,375.24 Total $6,375.24 Increase Expenditures: A.3120.4.400.650 Police/Vehicle Maintenance $6,375.24 Total $6,375.24  Vote Record - Resolution RES-2021-536 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled   Withdrawn James Dinizio Jr      Supervisor's Appt Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action   Lost 2021-537 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Recreation Hire Summer 2021 Recreation Program Instructors Financial Impact: Contracts for Summer Resolved that the Town Board of the Town of Southold authorize and direct Supervisor Scott A. Russell to execute an agreement with the following individuals and businesses for the Summer 2021 Recreation programs, all in accordance with the approval of the town attorney. Funding for the instructors listed below has been budgeted for in the Recreation Department's 2021 instructor line A.7020.4.500.420. Kyleen Vernon (Irish Step Dance) $30/hour  Vote Record - Resolution RES-2021-537 Adopted  Yes/Aye No/Nay Abstain Absent Adopted as Amended  Defeated Sarah E. Nappa      Tabled  James Dinizio Jr     Withdrawn  Southold Town Meeting Agenda - June 29, 2021 Page 18 Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio      Rescinded Louisa P. Evans      Town Clerk's Appt  Supt Hgwys Appt Scott A. Russell     No Action  Lost  2021-538 CATEGORY: Budget Modification DEPARTMENT: Trustees 2021 Budget Modification- Trustees Financial Impact: Rellocation of funds to cover overexpended budget line due to an increase in the monthly Legal Noticing fees. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2021 General Fund Whole Town Budget as follows: From: A.8090.4.100.650 Contractual Expenses/Shellfish Advisory $4,750.00 Total $4,750.00 To: A.8090.4.600.100 Miscellaneous/Legal Notices $4,750.00 Total $4,750.00  Vote Record - Resolution RES-2021-538 Adopted   Adopted as Amended Yes/Aye No/Nay Abstain Absent  Defeated Sarah E. Nappa     Tabled  Withdrawn  James Dinizio Jr     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans      Supt Hgwys Appt Scott A. Russell      No Action Lost  Southold Town Meeting Agenda - June 29, 2021 Page 19 2021-539 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Engineering Change Order # 1 - Fishers Island Sidewalk Improvements Financial Impact: There is sufficient existing budget in H.5410.2.400.200 to cover this change order RESOLVED that the Town Board of the Town of Southold hereby approves Change Order #1 to the contract for the Fishers Island Sidewalk Improvements with Mattern Construction, Inc. in the net amount of $5,282.25, pursuant to their proposal dated June 14, 2021, subject to the approval of the Town Attorney.  Vote Record - Resolution RES-2021-539 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent  Defeated Sarah E. Nappa      Tabled  Withdrawn James Dinizio Jr     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell      No Action  Lost 2021-540 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District 2021 Budget Modification: SWMD Financial Impact: To cover purchase of hammers and to replenish line. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2021 Solid Waste Management District budget as follows: From: SR 8160.4.500.100 NYSDEC Env. Monitor $7,500 Total $7,500 To: SR 8160.4.100.597 Maint/Supply Morbark Grinder $7,500 Total $7,500 Southold Town Meeting Agenda - June 29, 2021 Page 20  Vote Record - Resolution RES-2021-540 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent  Defeated Sarah E. Nappa      Tabled  Withdrawn James Dinizio Jr     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell      No Action  Lost 2021-541 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Accounting Authorize Supervisor to Accept ARPA Funding Financial Impact: Authorize Supervisor to accept ARPA funding RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute documents required to accept the Town’s available Non Entitlement Unit ARPA Coronavirus Local Fiscal Recovery Funds subject to the approval of the Town Attorney.  Vote Record - Resolution RES-2021-541  Adopted  Adopted as Amended Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled  Withdrawn  James Dinizio Jr     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded   Town Clerk's Appt Louisa P. Evans      Supt Hgwys Appt Scott A. Russell     No Action  Lost  2021-542 CATEGORY: Employment - Town Southold Town Meeting Agenda - June 29, 2021 Page 21 DEPARTMENT: Accounting Appoint Michael Anasagasti Sanitation Site Crew Leader RESOLVED that the Town Board of the Town of Southold hereby appoints Michael Anasagasti to the position of Sanitation Site Crew Leader for the Solid Waste District, effective July 1, 2021, at a rate of $36.2631 per hour.  Vote Record - Resolution RES-2021-542 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled   Withdrawn James Dinizio Jr      Supervisor's Appt Jill Doherty      Tax Receiver's Appt Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2021-543 CATEGORY: Refund DEPARTMENT: Town Clerk Refund Parking Permit Fee RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund in the amount of $10.00 to Russell W. Harvey, 441 Seventh Street Greenport, NY 11944 for a Beach Parking Permit that was purchased in error.  Vote Record - Resolution RES-2021-543 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa      Tabled  Withdrawn James Dinizio Jr      Supervisor's Appt Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action   Lost Southold Town Meeting Agenda - June 29, 2021 Page 22 2021-544 CATEGORY: Refund DEPARTMENT: Town Clerk Refund Beach Permits/Disposal Permits RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund to the following individuals for a Non-Resident Beach Parking Permit: Edward W. Tuomey $350.00 116 Second Street PO Box 277 S. Jamesport, NY 11970  Vote Record - Resolution RES-2021-544  Adopted  Adopted as Amended Yes/Aye No/Nay Abstain Absent  Defeated Sarah E. Nappa     Tabled  Withdrawn  James Dinizio Jr     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded   Town Clerk's Appt Louisa P. Evans      Supt Hgwys Appt Scott A. Russell     No Action  Lost  2021-545 CATEGORY: Property Usage DEPARTMENT: Recreation Field Use - North Fork Osprey Hamptons Collegiate Baseball Clinic RESOLVED that the Town Board of the Town of Southold hereby grants permission to Hamptons Collegiate Baseball to use the baseball field at Cochran Park for a youth baseball clinic fundraiser for the team, beginning July 12 and ending July 16 from 9:00 am to 12:00pm. Applicant has filed a Two Million Dollar Certificate of Insurance with the Town Clerk, naming the Town of Southold as additional insured. Fees for use of field will be charged according to the fee schedule as a Tier 3.  Vote Record - Resolution RES-2021-545 Adopted  Yes/Aye No/Nay Abstain Absent Adopted as Amended  Southold Town Meeting Agenda - June 29, 2021 Page 23 Defeated  Sarah E. Nappa     Tabled  James Dinizio Jr      Withdrawn Jill Doherty      Supervisor's Appt  Tax Receiver's Appt Robert Ghosio     Rescinded  Louisa P. Evans     Town Clerk's Appt  Scott A. Russell     Supt Hgwys Appt  No Action  Lost  2021-546 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney PH 8/10 7:00 Pm LL Chapter 260 Stop Sign WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk th County, New York, on the 29 day of June, 2021, a Local Law entitled “A Local Law in relation to Amendments to Chapter 260, Vehicles and Traffic, in connection with Traffic and Pedestrian Safety” 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 10th day of August, 2021 at 7:01 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, “A Local Law in relation to an Amendment to Chapter 260, Vehicles and Traffic, in connection with Traffic and Pedestrian Safety” reads as follows: LOCAL LAW NO. 2021 A Local Law entitled, “A Local Law in relation to an Amendment to Chapter 260, Vehicles and Traffic, in connection with Traffic and Pedestrian Safety”. BE IT ENACTED by the Town Board of the Town of Southold as follows: § 260-4 Stop intersections with stop signs. The following highway intersections are hereby designated as stop intersections and stop signs shall be erected as follows: Stop Sign On Direction of Travel At Intersection With Location (Hamlet) Madison Avenue South West Street Greenport Southold Town Meeting Agenda - June 29, 2021 Page 24 Main Bayview Road East & West Cedar Drive Southold Marratooka Lane North New Suffolk Lane Mattituck III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law.  Vote Record - Resolution RES-2021-546 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled  Withdrawn  James Dinizio Jr     Supervisor's Appt  Jill Doherty      Tax Receiver's Appt Robert Ghosio      Rescinded Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2021-547 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Stony Brook University Agreement Solid Waste Research Financial Impact: Municipal Solid Waste Research Project RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an agreement with the Stony Brook University to authorize the Stony Brook University’s Department of Technology and Society to conduct a Municipal Solid Waste Research Project at the Southold Transfer Station, all in accordance with the approval of the Town Attorney.  Vote Record - Resolution RES-2021-547 Adopted  Yes/Aye No/Nay Abstain Absent Adopted as Amended  Sarah E. Nappa     Defeated  James Dinizio Jr     Tabled  Southold Town Meeting Agenda - June 29, 2021 Page 25 Withdrawn  Jill Doherty     Supervisor's Appt  Robert Ghosio      Tax Receiver's Appt Louisa P. Evans      Rescinded  Town Clerk's Appt Scott A. Russell     Supt Hgwys Appt  No Action  Lost  2021-548 CATEGORY: Advertise DEPARTMENT: Town Clerk Advertise for SLDC Member RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk's office to re-advertise for a member of the Southold Local Development Corporation Board of Directors.  Vote Record - Resolution RES-2021-548 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled  Withdrawn  James Dinizio Jr      Supervisor's Appt Jill Doherty      Tax Receiver's Appt Robert Ghosio      Rescinded Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2021-549 CATEGORY: Ratify Fishers Island Reso. DEPARTMENT: Fishers Island Ferry District FIFD 6/21/21 Meeting Resolution Ratifications RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolutions of the Fishers Island Ferry District Board of Commissioners dated June 21, 2021 meetings, as follows: Southold Town Meeting Agenda - June 29, 2021 Page 26 FIFD Resolution# Regarding 2021 - 101 Accounting 2021 - 102 Legal/Pro Services 2021 - 103 Settlement  Vote Record - Resolution RES-2021-549  Adopted Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled  Withdrawn  James Dinizio Jr     Supervisor's Appt  Jill Doherty      Tax Receiver's Appt Robert Ghosio      Rescinded Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2021-550 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Fishers Island Liaison to Land Presrevation Committee RESOLVED that the Town Board of the Town of Southold hereby appoints Robert Miller to the position of Liaison to the Town of Southold Land Preservation Committee for a three (3) year term to expire on March 31, 2024.  Vote Record - Resolution RES-2021-550 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled   Withdrawn James Dinizio Jr      Supervisor's Appt Jill Doherty      Tax Receiver's Appt Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  Southold Town Meeting Agenda - June 29, 2021 Page 27 2021-551 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Appoint Special Counsel Devitt Spellman Barrett, LLP ZBA Financial Impact: Legal RESOLVED that the Town Board of the Town of Southold hereby authorizes the Town Attorney to retain Devitt Spellman Barrett, LLP. as Special Counsel to represent the Southold Town Zoning Board of Appeals, in an action in Supreme Court, Suffolk County, in the matter of the Application of Petra Benic and Vincent Benic.  Vote Record - Resolution RES-2021-551 Adopted   Adopted as Amended Yes/Aye No/Nay Abstain Absent  Defeated Sarah E. Nappa      Tabled Withdrawn  James Dinizio Jr     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans      Supt Hgwys Appt Scott A. Russell      No Action  Lost 2021-552 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions Financial Impact: US Dept of Treasury RESOLVED that the Town Board of the Town of Southold hereby authorizes the Southold Town Supervisor Scott A. Russell to execute the U.S. Department of the Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions, and any other requisite documentation associated therewith, subject to the approval of the Town Attorney.  Vote Record - Resolution RES-2021-552 Yes/Aye No/Nay Abstain Absent Adopted  Adopted as Amended  Sarah E. Nappa     Southold Town Meeting Agenda - June 29, 2021 Page 28 Defeated  James Dinizio Jr     Tabled  Jill Doherty      Withdrawn Robert Ghosio      Supervisor's Appt  Tax Receiver's Appt Louisa P. Evans     Rescinded  Scott A. Russell     Town Clerk's Appt  Supt Hgwys Appt  No Action  Lost  2021-553 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Appoint Representative to SC Gabreski Comm Advisory Board RESOLVED the Town Board of the Town of Southold hereby appoints James Underwood as the Town of Southold Representative to the Suffolk County Gabreski Community Advisory Board.  Vote Record - Resolution RES-2021-553 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa      Tabled  Withdrawn James Dinizio Jr      Supervisor's Appt Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action   Lost 2021-554 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Appoint Transportation Committee Co-Chairmen RESOLVED the Town Board of the Town of Southold hereby appoints the following Southold Town Meeting Agenda - June 29, 2021 Page 29 individuals as Co-Chairmen of the Town of Southold Transportation Committee: Mary Miranda (Randy) Wade Charles Gueli  Vote Record - Resolution RES-2021-554 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent  Defeated Sarah E. Nappa      Tabled  Withdrawn James Dinizio Jr     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell      No Action  Lost 2021-555 CATEGORY: Misc. Public Hearing DEPARTMENT: Town Attorney PH 7/27 9:01 Am Callander Coastal Erosion RESOLVED the Town Board of the Town of Southold hereby sets Tuesday, July 27, 2021 at 9:01 AM. at the Southold Town Meeting Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing upon the Coastal Erosion Hazard Board of Review Appeal of Elizabeth Callander which seeks relief from Chapter 111, Section 111-11C and Chapter111-6 to construct to construct± 105 linear feet of 41 wide wood pile and timber pier of which± 65 N, linear feet is waterward of the apparent/spring high water line, including five associated M ladders, rails, electric and water utilities; construct a± 9' x± 101 ( 90sq.ft.) wide boulder mounded wood platform/dock with a 4' wide x± 7 linear foot long access walkway with rails and three new tie-off piles, waterward of the apparent high water line; with the condition of the use of thru-flow decking on the entire dock; and as depicted on the site plan prepared by Docko, Inc., dated December 12, 2018; within a near shore area in a Coastal Erosion Hazard Area located on property on parcel SCTM# 1000- 3- 2- 6 off 12244 East Main Road, Fishers Island , New York, and directs the Town Clerk to publish notice of such appeal in the Suffolk Times newspaper not less than ten (10) days nor more than thirty (30) days prior to such hearing and to notify the applicant by first class mail.  Vote Record - Resolution RES-2021-555  Adopted Yes/Aye No/Nay Abstain Absent  Adopted as Amended Sarah E. Nappa      Defeated James Dinizio Jr     Tabled  Southold Town Meeting Agenda - June 29, 2021 Page 30 Withdrawn  Jill Doherty     Supervisor's Appt  Robert Ghosio      Tax Receiver's Appt Louisa P. Evans      Rescinded  Town Clerk's Appt Scott A. Russell     Supt Hgwys Appt  No Action  Lost  2021-556 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney PH 8/10 7:01 Pm Local Law Chapter 180 WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk th County, New York, on the 29 day of June, 2021, a Local Law entitled “A Local Law in relation to Amendments to Chapter 180, Noise, Prevention of ” 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 10th day of August, 2021 at 7:01 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, “A Local Law in relation to an Amendment to Chapter 180, Noise, Prevention of” reads as follows: LOCAL LAW NO. 2021 A Local Law entitled, “A Local Law in relation to an Amendment to Chapter 180, Noise, Prevention of ”. BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The gentle pace of life in the Town of Southold has traditionally provided a respite from the noise and turmoil which has become an integral part of life in the City and suburbs and which has even encroached into many resort areas on the East End. Crafting of regulations that are uniquely appropriate for the Town of Southold are aimed to protect this rural, almost nostalgic way of life while providing an atmosphere for businesses to flourish. The existence of unreasonably loud, unnecessarily disturbing or unusual noise within the Town has become an increasingly significant problem during recent years. Such noise pollution which is prolonged, unusual or unnatural in its time, place and use is harmful to the peace, welfare, comfort, safety, Southold Town Meeting Agenda - June 29, 2021 Page 31 convenience, good order and prosperity of the inhabitants of the Town of Southold. It is the public policy and findings of the Town Board that every person is entitled to noise levels that are not detrimental to life, health and the enjoyment of his or her property. The provisions and prohibitions hereinafter enacted are in pursuance of this policy and these findings and for the purpose of protecting and promoting the public health, comfort, convenience, peace, safety, welfare and prosperity of the Town of Southold and its inhabitants. II. Chapter 180 of the Code of the Town of Southold is hereby amended by removing the struck through portions and adding the underlined portions as follows: § 180-4 Definitions. As used in this chapter, the following terms shall have their meanings indicated. AIRBORNE SOUND Sound that reached the point of interest by propagation through the air. AMPLIFIED SOUND Sound which has its volume increased by electronic means. CHARITABLE EVENT An event whose sole purpose is to raise money for a specific charity or nonprofit organization. COMMERCIAL LANDSCAPER An individual, firm, corporate or other entity performing commercial landscaping services. COMMERCIAL LANDSCAPING The business or trade of rendering any landscaping services, as defined herein, either as principal, independent contractor, or through an agent or employee, for a fee, charge, or other compensation, to or for the benefit of any owner, tenant, or occupant of any lot, plot, or parcel of land. COMMERCIAL SERVICE EQUIPMENT All engine-powered or motor-powered equipment intended for infrequent service work in inhabited areas, typically requiring commercial or skilled operators. Examples of commercial service equipment are chain saws, log chippers, paving rollers, etc. CONSTRUCTION DEVICE Any powered device or equipment designed and intended for use in construction. Examples of construction devices are air compressors, bulldozers, backhoes, trucks, shovels, derricks and cranes. dB(A) The A-weighted sound level in decibels, as measured by a general-purpose sound-level meter complying with the provisions of the American National Standards Institute specifications for sound-level meters, properly calibrated and operated on the A-weighing network. DECIBEL ("dB") The unit for measuring the volume of a sound based upon the pressure level of a sound. For the purpose of this chapter, the standard reference pressure stated herein will be used to assure a consistent and standard reference for measuring sound. GAS POWERED LEAF BLOWER A portable, handheld or backpack style power equipment that is powered by fuel and used in any landscape maintenance, construction, property repair, or property maintenance for the purpose of blowing, moving, removing, dispersing, vacuuming or redistributing leaves, dust, dirt, grass clippings, cuttings, and trimmings from trees and shrubs or any other type of litter or debris. HOLIDAYS New Year's Day, Martin Luther King, Jr. Day, President's Day, Memorial Day, the Fourth of July, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day and Christmas Day. HOMEOWNER'S LIGHT RESIDENTIAL OUTDOOR EQUIPMENT All engine-powered Southold Town Meeting Agenda - June 29, 2021 Page 32 or motor-powered garden or maintenance tools intended for repetitive use in residential areas, typically capable of being used by a homeowner. Examples of homeowner's light residential outdoor equipment are lawn mowers, garden tools, riding tractors, snowblowers, snowplows, etc. LANDSCAPING The maintaining of and/or providing care of lawns, including but not limited to mowing, cutting and trimming, also the gathering, raking, blowing, and/or removal of leaves, grass or lawn clippings and/or other debris, on any lot, plot or parcel of land. This includes regular maintenance as well as fall and spring clean-ups. NOISE POLLUTION Airborne or amplified sound which: A. Causes temporary or permanent hearing loss in persons exposed; or B. Is otherwise injurious, or tends to be, on the basis of current information injurious to the public health or welfare; or C. Disturbs a reasonable person of normal sensitivities; D. Exceeds standards or restrictions established herein; or E. Interferes with the comfortable enjoyment of life and property or the conduct of business. The following are deemed to interfere with the comfortable enjoyment of life and property or the conduct of business: (1) Yelling or shouting that disturbs the quiet, comfort or repose of person or persons residing or occupying an adjacent or neighboring property. (2) The using of, operating of or permitting to be played, used or operated, any radio, receiving set, musical instrument, phonograph, television set or other machine or device for the producing or reproducing of airborne or amplified sound in such a manner as to disturb the peace, quiet and comfort of the person or persons residing or occupying an adjacent or neighboring property. PERSON An individual, association, firm, syndicate, company, trust, corporation, department, bureau or agency or any other entity recognized by law as the subject of rights and duties. SOUND-LEVEL METER An instrument for the measurement of noise and sound levels including a microphone, amplifier, an output meter and frequency weighting networks which comply with standards established by the American National Standards Institute (ANSI) specifications for sound-level meters. § 180-7 Prohibited noises; evidence of violation. A. Notwithstanding the provisions of sections 180-5 and 180-6 the following acts are declared to be loud, disturbing and unnecessary noises in violation of this chapter: (1) The operation of any gas-powered leaf blower device by commercial landscapers performing commercial landscaping services during the following days and times shall be deemed noise pollution: (a) <https://ecode360.com/36345947> Monday through Friday prior to 8:00 a.m. or after 6:00 p.m.; or (b) <https://ecode360.com/36345948> Saturday prior to 9:00 a.m. or after 5:00 p.m.; or (c) <https://ecode360.com/36345949> Sunday or holidays. In the event of an emergency as determined by the Town Supervisor, or the Supervisor’s designee, the restrictions set forth herein may be suspended. Southold Town Meeting Agenda - June 29, 2021 Page 33 § 180-78 Exceptions. A. The provisions of § § 180-5 and 180-6 shall not apply to the following: (1) The intermittent or occasional use between 7:00 a.m. through 9:00 p.m. of homeowner's light residential outdoor equipment with mufflers or commercial service equipment, provided that such activities and such equipment and their use comply with the other provisions hereof. (2) Construction activities between 7:00 a.m. through 7:00 p.m. and the associated use of construction devices or the noise produced thereby, provided that such activities and such equipment and their use comply with the other provisions hereof. (3) Noise from agricultural equipment. (4) Noise from church bells or chimes used. (5) Noise from snowblowers, snow throwers and snowplows when operated with a muffler for the purpose of snow removal. (6) Nonamplified noise generated from lawful athletic or recreational activities, events, or facilities. (7) Nonamplified noise from organized activities sponsored by any school district, private school or fire district or department within the Town of Southold. (8) Noise from municipally sponsored celebrations or events. (9) Noise from lawful fireworks displays, parades, and other charitable and special events held in accordance with all pertinent provisions of the Southold Town Code. (10) Noncommercial public speaking or public assembly activities conducted on any public space or public right-of-way. (11) Emergency construction or repair work. (12) Noise from the activities of any fire department, ambulance squad or similar emergency or rescue organization in carrying out their official duties. (13) Noncommercial amplified sound that does not exceed the noise standard established in § 180-6 of this chapter. (14) Emergency stationary and mobile signal devices. (15) Audible exterior burglar alarms in operation for 15 minutes or less. B. The provisions of § 180-7 shall not apply to the following: (3) The use of gas-powered leaf blowers by commercial landscapers performing commercial landscaping services at cemeteries, golf course, government and public school-owned properties, or in commercial and industrial zones § 180-89 Enforcement. The provisions of this chapter shall be administered and enforced by the Southold Town Police Department and the Southold Town Office of Code Enforcement. § 180-910 Penalties for offenses. A. Any person who shall violate any provisions of this chapter, except section 180-7 shall be guilty of a violation punishable by a fine not exceeding $500; and upon conviction of a subsequent offense, punishable by a fine not exceeding $2,500. If the violation is of a Southold Town Meeting Agenda - June 29, 2021 Page 34 continuing nature, each one-hour period of violation of any provision of this chapter shall constitute an additional, separate and distinct offense. B. Any person who shall violate any provisions of section 180-7 of this chapter shall be guilty of a violation punishable by a fine no less than $250 and not exceeding $1000; and upon conviction of a subsequent offense within 2 years of the first conviction, the fine shall be no less than $2500 and not exceeding $5,000. If the violation is of a continuing nature, each one-hour period of violation of any provision of this chapter shall constitute an additional, separate and distinct offense. B. C. In addition to any other remedy provided by law, the Town may bring an injunction proceeding to enforce this chapter. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law.  Vote Record - Resolution RES-2021-556 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled  Withdrawn  James Dinizio Jr      Supervisor's Appt Jill Doherty      Tax Receiver's Appt Robert Ghosio      Rescinded Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2021-557 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL Chapter 189 Parking WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 1st day of June, 2021, a Local Law entitled “A Local Law in relation to Amendments to Chapter 189 Parking.” And WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Southold Town Meeting Agenda - June 29, 2021 Page 35 Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, “A Local Law in relation to an Amendment to Chapter 189 Parking” reads as follows: LOCAL LAW NO. 2021 A Local Law entitled, “A Local Law in relation to an Amendment to Chapter 189 Parking”. BE IT ENACTED by the Town Board of the Town of Southold as follows: § 189-4 Designation of parking areas on Fishers Island. \[Added 5-31-1994 by L.L. No. 11-1994\] A. The use of Race Point as a recreational areas on Fishers Island by persons other than residents has increased to such an extent that such area has become overcrowded with the result that residents are denied the use thereof. The Town Board therefore declares it to be policy of the Town of Southold to restrict and regulate the parking of vehicles at Race Point, located at the southwesternmost tip of Fishers Island recreational facilities. \[Amended 11-1-1994 by L.L. No. 24-1994\] B. No person shall park any type of vehicle in any parking area designated here in this section as a "Parking by Permit Only" area unless such vehicle displays a valid parking permit duly issued for such vehicle in accordance with the provisions of Subsection D. In addition to the areas listed in Subsection A above, the following areas of Fishers Island are designated "Parking by Permit Only": \[Amended 4-8-2008 by L.L. No. 2-2008\] Street Side Hours Location Greenwood Avenue East 6:00 p.m. to 6:00 a.m., On Fishers Island, the from and including entirety of the easterly side Memorial Day through of Greenwood Avenue and including Labor Day C. The Town of Southold will erect and maintain a sign at each designated location indicating "Parking by Permit only." D. Parking permits for any vehicles in the parking areas designated on Fishers Island shall be issued as follows: (1) Resident parking permit. (a) A resident parking permit shall be issued by a Fishers Island designee of the Southold Town Clerk to all persons who are qualified residents of the Town of Southold. Persons applying for a resident parking permit shall present for inspection the following proof of residency: a valid tax receipt stub for the current Southold Town Meeting Agenda - June 29, 2021 Page 36 year for any taxable real property within the Town of Southold assessed in the name of the applicant, or a valid motor vehicle registration in the name of the applicant at an address located within the Town of Southold, or such other proof of residence as is satisfactory to the designee. (b) Upon determination by the designee that the applicant is a qualified resident of the Town, and upon payment of a fee, previously determined by Town Board resolution, a resident parking permit shall be issued and inscribed with the vehicle license registration number. Such permit shall be affixed to the right front bumper and shall not be transferred to any other vehicle. (2) Lessee parking permit. (a) A lessee parking permit shall be issued by the Fishers Island designee to all persons who lease or rent property within the Town of Southold but do not qualify as residents defined in Subsection D(1). Persons applying for a lessee parking permit shall indicate the location of leased or rented property, the persons occupying the same and the term of tenancy and must present to the designee as proof of tenancy verification from the property owner or managing realtor. (b) Upon determination by the designee that the applicant is entitled to a lessee parking permit, and upon payment of the fee, such permit shall be issued and inscribed with the vehicle license registration number and shall be affixed to the right front bumper and shall not be transferred to any other vehicle. (3) A guest parking permit shall be issued by the Fishers Island designee to all persons who are qualified for residential or lessee parking permits as defined in Subsection D(1) and (2) hereof for use by guests temporarily residing in the dwelling of such resident or lessee. The resident or lessee applying for a guest parking permit shall indicate the location of property to be occupied by the guest, the names of the guests and the length of time and guest occupancy. The guest parking permit shall be displayed in the right front dashboard area of the vehicle, shall not be transferred to any other vehicle and shall be valid during guest occupancy only. E. The following beach parking areas are hereby designated as Town of Southold "No Overnight Parking" areas: (1) Parking Lot at “Dock Beach” located on Fishers Island E F. Any vehicle parked in violation of the provisions of this section or any other law, ordinance, rule, regulation or resolution may be removed or be caused to be removed by the Fishers Island Constables or the New York State Troopers. 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 Southold Town Meeting Agenda - June 29, 2021 Page 37 This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law.  Vote Record - Resolution RES-2021-557 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent  Defeated Sarah E. Nappa      Tabled  Withdrawn James Dinizio Jr     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell      No Action  Lost VI. PUBLIC HEARINGS 1. PH 6/29 4:30 LL Chapter 189 Parking