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Home My WebLink AboutAG-07/27/2021 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 July 27, 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 - July 27, 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 July 27, 2021 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Present Absent Late Arrived Councilwoman Sarah E. Nappa    Councilman James Dinizio Jr    Councilwoman Jill Doherty    Councilman Robert Ghosio    Justice Louisa P. Evans    Supervisor Scott A. Russell    I. REPORTS 1. Justice Court Reports Justice Powers June 2021 Justice Ross June 2021 II. PUBLIC NOTICE III. COMMUNICATIONS IV. DISCUSSION 1. PH 7/27 9:01 Am Callander Coastal Erosion 2. POSTPONED - Town Attorney Chapter 280 Code Amendment- Revisions to Conversion of Existing Space to Affordable Apartments Southold Town Meeting Agenda - July 27, 2021 Page 3 3. 9:45 Am - Jack Slattery, Mike Regan and Jim Abbott Police Advisory Committee Report on Police Staffing 4. EXECUTIVE SESSION - Labor - Matters Involving the Employment/Employment History of a Particular Person(S) - Police Advisory Committee - Councilman Dinizio re: Building Department - Southold Town Community Outreach and Implementation Working Group - Department of Public Works 5. EXECUTIVE SESSION - Proposed Acquisition(S), Sale or Lease of Real Property Where Publicity Would Substantially Affect the Value Thereof 11:30 am - Melissa Spiro, Land Preservation Coordinator V. RESOLUTIONS 2021-601 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated July 27, 2021.  Vote Record - Resolution RES-2021-601  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  2021-602 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Set Next Town Board Meeting Southold Town Meeting Agenda - July 27, 2021 Page 4 RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, August 10, 2021 at the Southold Town Hall, Southold, New York at 7:00 P. M..  Vote Record - Resolution RES-2021-602  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  2021-603 Tabled 7/13/2021 7:00 PM CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL Chapter 260 Parking Prohibited WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk th County, New York, on the 15 day of June, 2021, a Local Law entitled “A Local Law in relation to an Amendment to Chapter 260-8, Parking prohibited at all times” and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, “A Local Law in relation to an Amendment to Chapter 260-8, Parking prohibited at all times” reads as follows: LOCAL LAW NO. 2021 A Local Law entitled, “A Local Law in relation to an Amendment to Chapter 260-8, Parking prohibited at all times”. BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. Southold Town Meeting Agenda - July 27, 2021 Page 5 The purpose of this local law is to improve safety for pedestrians and vehicles, as well as dealing with impacts to the public’s health, safety and welfare. II. Chapter 260 of the Code of the Town of Southold is hereby amended by removing the struck through portions and adding the underlined portions as follows: § 260-8 Parking prohibited at all times. The parking of vehicles is hereby prohibited at all times in any of the following locations and at any other location where signage indicates "no parking": Cedar Beach Road Both From the intersection of Paradise Point Road to its westerly terminus 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-2021-603 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  2021-604 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 Southold Town Meeting Agenda - July 27, 2021 Page 6 up to 12 weeks to Employee #4762 effective July 6, 2021 pursuant to the Family Medical Leave Act.  Vote Record - Resolution RES-2021-604 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 2021-605 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Approve Resolution Number 2021-116 RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves Resolution Number 2021-116 of the Fishers Island Ferry District adopted July 6, 2021 which reads as follows: Whereas resolution 2021-094 included an incorrect rate for John Paradis; and Therefore it is RESOLVED to amend Resolution 2021-094 reflecting that Mr. Paradis’s wages be increased $38.65 per hour with effect June 17, 2021.  Vote Record - Resolution RES-2021-605 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 - July 27, 2021 Page 7 2021-606 CATEGORY: Employment - Town DEPARTMENT: Accounting Amend Resolution 2021-431 RESOLVED that the Town Board of the Town of Southold hereby amends Resolution Number 2021-431 to read as follows: RESOLVED that the Town Board of the Town of Southold hereby appoints the following 2021 seasonal summer staff for the period June 26 - September 6 pending successful background search and certification completion as follows: STILLWATER LIFEGUARDS HOURLY SALARY 1. Julia Orlando (10th year)……………………………….. $19.36 2. Kaitlyn Driscoll (5th year)................................................. $17.94 3. Olivia Inzerillo (3rd year)………………………………. $17.23 4. Madeleine Jimenez (3rd year)…………………………… $17.23 5. Samantha McNamara (3rd year)………………………… $17.23 7. Luke Altman (3rd year)…………………………………. $17.23 8. Max Pasko (3rd year)…………………………………… $17.23 9. Maria Tomais (3rd year)………………………………… $17.23 rd 10. Liam Rue (3 year)……………………………………... $17.23 nd 11. Sabrina Tsoupros (2 year)…………………………….. $16.87 nd 12. Emma Kunz (2 year)………………………………….. $16.87 nd 13. Grace Brodarich (2 year) …………………………….. $16.87 nd 14. Jenna McFarland (2 year) …………………………….. $16.87 nd 15. Ella Mazzaferro (2 year)………………………………. $16.87 nd 16. Marley Medina (2 year)……………………………….. $16.87 nd 17. Courtney Cocheo (2 year)…………………………….. $16.87 nd 18. Joseph Aiello (2 year)…………………………………. $16.87 st 19. Sean McHugh (1 year)…………………………………. $16.52 st 20. Skylor Wong (1 year)………………………………….. $16.52 st 21. Alexis Burns (1 year)………………………………….. $16.52 st 22. Antonio Jimenez (1 year)……………………………… $16.52 st 23. Marc Zappulla (1 year)………………………………… $16.52 st 24. Trevor Zappulla (1 year)………………………………. $16.52 st 25. Annamaria Napolitano (1 year)………………………… $16.52 st 26. Drew Hahn (1 year)……………………………………. $16.52 BEACH ATTENDANTS 1. Chris Siejka (5th year)...................................................... $14.85 2. Constantine Roustas (3rd year)…………………………. $14.42 Southold Town Meeting Agenda - July 27, 2021 Page 8 nd 3. David Okula (2 year)…………………………………. $14.20 4. Conor Kilcommons (2nd year)......................................... $14.20 5. Annie Antonucci (2nd year).............................................. $14.20 6. Brady Mahon (2nd year).................................................. $14.20 7. Saylor Hughes (2nd year)................................................ $14.20 8. Nicholas Manaris (2nd year)............................................ $14.20 9. Calvin Karsten (2nd year)................................................ $14.20 10. Robert Dunn (2nd year)................................................... $14.20 11. Victoria Witczak (1st year).............................................. $14.00 12. Wyatt Johnson (1st year)................................................. $14.00 13. William Dickerson (1st year)........................................... $14.00 14. Carson Russell (1st year)................................................. $14.00 15. Eleni Ballas (1st year)...................................................... $14.00 st 16. Giavanna Jimenez (1 year)……………………………. $14.00  Vote Record - Resolution RES-2021-606 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 2021-607 CATEGORY: Employment - Town DEPARTMENT: Accounting Amend Resolution Number 2021-476 RESOLVED that the Town Board of the Town of Southold hereby appoints the following 2021 seasonal summer staff for the period June 26 - September 6 pending successful background search, certification and civil service approvals as follows: STILLWATER LIFEGUARDS HOURLY SALARY 1. Rileigh Frend (1st year)……………………………….. $16.52 RECREATION SPECIALIST (WSI) HOURLY SALARY 1. Madeleine Jimenez (1st year)......................................... $18.25 Southold Town Meeting Agenda - July 27, 2021 Page 9  Vote Record - Resolution RES-2021-607  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  2021-608 CATEGORY: Budget Modification DEPARTMENT: Police Dept 2021 Budget Modification-Police Department Financial Impact: Reallocation of funds from retirement reserve to fund budget lines for recent PBA retirement RESOLVED that the Town Board of the Town of Southold hereby modifies the 2021 General Fund Whole Town budget as follows: From: A.1990.4.100.200 Police/Retirement Reserve $175,627 Total $175,627 To: A.3120.1.100.401 Police/PS/Sick Earnings-SCAT $157,687 A.3120.1.100.301 Police/PS/Vacation Earnings-SCAT $17,940 Total $175,627  Vote Record - Resolution RES-2021-608 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  Scott A. Russell     Town Clerk's Appt  Southold Town Meeting Agenda - July 27, 2021 Page 10 Supt Hgwys Appt  No Action   Lost 2021-609 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District 2021 Budget Modification: SWMD Financial Impact: Provides funds for repairs to automatic control system of compost site irrigation well. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2021 Solid Waste Management District budget as follows: From: SR 8160.4.400.125 Compost Analysis Services $ 500 SR 8160.4.400.160 Facility Improvements 1,850 SR 8160.4.400.300 Public Information/Printing 950 Total $3,300 To: SR 8160.4.400.150 Compost Site Maintenance $3,300 Total $3,300  Vote Record - Resolution RES-2021-609  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  2021-610 CATEGORY: Budget Modification Southold Town Meeting Agenda - July 27, 2021 Page 11 DEPARTMENT: Highway Department 2021 Budget Modification Highway Financial Impact: transfer of funds RESOLVED that the Town Board of the Town of Southold hereby modifies the 2021 Highway Fund Part Town budget as follows: FROM: Account Description Amount DB.5140.4.100.70Safety Gear $2,000.00 0 DB.5130.4.100.55Tires 3,000.00 0 $5,000.00 TO: DB.5130.4.400.65Maintenance & Repairs $5,000.00 0  Vote Record - Resolution RES-2021-610  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  2021-611 CATEGORY: Special Events DEPARTMENT: Town Attorney Special Events Brick Cove Marina 2021- 39 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Sage Boat Basin Partners DBA Brick Cove Marina, to hold Special Event 2021-39 at the Brick Cove Marina 1760 Sage Blvd, Southold, New York as applied for in Application SBP2a-f for community, family and Boater BBQ fun day events on August 5, August 12, August 26, Southold Town Meeting Agenda - July 27, 2021 Page 12 September 2 and September 9, 2021 from 4PM - 9PM. Provided they adhere to all 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-2021-611 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 2021-612 CATEGORY: Special Events DEPARTMENT: Town Attorney Special Events Bedell North Fork LLC 2021 - 40 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Bedell North Fork, LLC , to hold Special Event 2021-40 at the Bedell Cellars, 45470 Main Road, Southold, New York as applied for in Application BC7a-d for Mid-week locals wine and farm fresh food pairing events on August 12, August 19, August 26, and September 2 from 5PM - 9PM. Provided they adhere to all 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-2021-612 Adopted  Yes/Aye No/Nay Abstain Absent Adopted as Amended  Defeated  Sarah E. Nappa     Tabled  James Dinizio Jr      Withdrawn Jill Doherty      Supervisor's Appt  Tax Receiver's Appt Robert Ghosio     Rescinded  Louisa P. Evans     Town Clerk's Appt  Scott A. Russell     Supt Hgwys Appt  No Action  Lost  Southold Town Meeting Agenda - July 27, 2021 Page 13 2021-613 CATEGORY: Special Events DEPARTMENT: Town Attorney Special Events Pindar Vineyards 2021 - 41 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Pindar Vineyards, to hold Special Event 2021- 41 at Pindar Vineyards, 37645 Main Road, Peconic, New York as applied for in Application PIN2a-b1a for Good Day for a 5k Run on July 25, and October, 2021 from 9AM-12PM with a condition of having a “flagger” posted at the Rail Road Crossing dirt path on the Pindar property. Provided they adhere to all 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-2021-613 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 2021-614 CATEGORY: Budget Modification DEPARTMENT: Human Resource Center 2021 Budget Modification- HRC Financial Impact: to move funds from expenditure accounts to cover expenditure accounts with low remaining balances RESOLVED that the Town Board of the Town of Southold hereby modifies the 2021 General Fund Whole Town budget as follows: Southold Town Meeting Agenda - July 27, 2021 Page 14 From: Appropriations: A.6772.2.500.550 Other Equipment Katinka House Equipment $900 A.6772.4.100.150 Contractual Expense Disposables 600 Total: $1,500 To: Appropriations: A.6772.4.100.500 Contractual Expense Motor Vehicle Parts & Supplies $900 A.6772.4.100.100 Supplies & Materials Office Supplies 600 Total $1,500  Vote Record - Resolution RES-2021-614 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  2021-615 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. Tom Damiani (Country Line Dancing) $40/hour Southold Town Meeting Agenda - July 27, 2021 Page 15 Rachel Harrison-Smith (Country Line Dancing) $40/hour  Vote Record - Resolution RES-2021-615  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  2021-616 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Accounting Accept RFP for Audit Services Financial Impact: Accept RFP for Audit Services RESOLVED that the Town Board of the Town of Southold hereby accepts the request for proposal and authorizes and directs Supervisor Scott Russell and Town Comptroller to execute an engagement letter with PKF O’Connor Davies, LLP in connection with the fiscal years’ 2020, 2021 and 2022 annual audits, including one Federal Single Audit and the NYS DOT Audit of the Town, at a fee not to exceed $69,150 for 2021, $69,150 for 2021, and $70,833 for 2022, and that said fees shall be a legal charge to the General Fund Whole Town Independent Auditing and Accounting budget (A.1320.4.500.300), and that said engagement letter is subject to review and approval by the Town Attorney.  Vote Record - Resolution RES-2021-616 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 - July 27, 2021 Page 16 2021-617 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Accounting Accept RFP Deferred Compensation Plan Audit Financial Impact: Funds available in A.1320.4.500.300 RESOLVED that the Town Board of the Town of Southold hereby accepts the request for proposal and authorizes the execution of an engagement letter with PKF O’Connor Davies, LLP in connection with the audits of the Town of Southold Deferred Compensation Plan as of December 31, 2020, December 31, 2021 and December 31, 2022 at a fee not to exceed $13,000, $13,000 and $13,260, respectively, and that said fee shall be a legal charge to the General Fund Whole Town Independent Auditing and Accounting budget (A.1320.4.500.300), and that said engagement letter is subject to review and approval by the Town Attorney.  Vote Record - Resolution RES-2021-617 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  2021-618 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Accounting Accept RFP Justice Court Audit Financial Impact: Funds available in A.1320.4.500.300 RESOLVED that the Town Board of the Town of Southold hereby accepts the request for proposal and authorizes the execution of an engagement letter with PKF O’Connor Davies, LLP in connection with the audits of the Town of Southold Justice Court as of December 31, 2020, December 31, 2021 and December 31, 2022 at a fee not to exceed $7,500, $7,500 and Southold Town Meeting Agenda - July 27, 2021 Page 17 $7,650, respectively, and that said fee shall be a legal charge to the General Fund Whole Town Independent Auditing and Accounting budget (A.1320.4.500.300), and that said engagement letter is subject to review and approval by the Town Attorney.  Vote Record - Resolution RES-2021-618  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  2021-619 CATEGORY: Employment - Town DEPARTMENT: Solid Waste Management District Advertise for Construction Equipment Operator RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk's office to advertise for a Full Construction Equipment Operator for the Town of Southold Solid Waste Management District.  Vote Record - Resolution RES-2021-619 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  2021-620 Southold Town Meeting Agenda - July 27, 2021 Page 18 CATEGORY: Refund DEPARTMENT: Town Clerk Amend 2021-579 Refund Beach Permits/Disposal Permits RESOLVED that the Town Board of the Town of Southold hereby amends resolution #2021- 579 adopted at the July 13, 2021 regular Town Board meeting, as follows: 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: Messana, Stephanie $350.00 $300.00 481 N Creek Road Greenfield Center, NY 12833  Vote Record - Resolution RES-2021-620 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 2021-621 CATEGORY: Special Events DEPARTMENT: Town Attorney Revoke/Deny Mattitaco 1A-C Special Event WHEREAS on April 28, 2021, Mattitaco 10560 Main Road, Mattituck, NY filed an application identified as Mattitaco1a-c, for special event permits for three (3) separate events to be held on May 5, June 12 and September 7, 2021 at Mattitaco, 10560 Main Road, Mattituck, NY. and WHEREAS on May 4, 2021, Town Board of the Town of Southold granted permission to the Mattitaco to hold Special Events at Mattitaco, 10560 Main Road, Mattitaco, NY as applied for in Application Mattitaco1a-c for events to be held May 5, June12 and September 7, 2021 from 12:00 PM to 9:00 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, Southold Town Meeting Agenda - July 27, 2021 Page 19 RESOLVED the Town Board of the Town of Southold hereby DENIES the remainder of the applications identified as Mattitaco1a-c, by Mattitaco. pursuant to Section 205-6 of the Town Code of the Town of Southold.  Vote Record - Resolution RES-2021-621 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 2021-622 CATEGORY: Special Events DEPARTMENT: Town Attorney Deny Mattitaco 2A Special Event WHEREAS on July 14, 2021, Mattitaco 10560 Main Road, Mattituck, NY filed an application identified as Mattitaco2a, for special event permit for event to be held on August 28, 2021 at Mattitaco, 10560 Main Road, Mattituck, NY. and RESOLVED the Town Board of the Town of Southold hereby DENIES the application identified as Mattitaco2a, by Mattitaco. pursuant to Section 205-6 of the Town Code of the Town of Southold.  Vote Record - Resolution RES-2021-622  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 - July 27, 2021 Page 20 2021-623 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Empower Retirement Deferred Compensation Financial Impact: Deferred Compensation Plan WHEREAS, Empower Retirement has acquired MassMutual, the Administrator for the Town of Southold Deferred Compensation Plan, therefore be it; RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a Trust Agreement and Successor Trustee Letter acknowledging the succession of Empower Retirement as Administrator for the Town of the Town of Southold Deferred Compensation Plan.  Vote Record - Resolution RES-2021-623 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 2021-624 CATEGORY: Coastal Erosion DEPARTMENT: Town Attorney Grant CEA Callander WHEREAS, the Board of Trustees denied the application of Keith Neilson PE of Docko Inc. on behalf of Elizabeth Callander to construct± 105 linear feet of 4" 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± 10 ( 90sq.ft.) wide boulder mounded wood platform/dock with a 4' wide x± 7 linear foot long access walkway with Southold Town Meeting Agenda - July 27, 2021 Page 21 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, under the Town of Southold Coastal Erosion Hazard Areas Law (the “Law”) of the Town of Southold pursuant to Section 111-11(c); and WHEREAS, on June 8, 2021, the Applicant submitted an application to the Town Board of the Town of Southold seeking to appeal the determination of the Board of Trustees, or in the alternative, seeking a variance from the requirements of the Law; and WHEREAS, on July 27, 2021, the Town Board conducted a duly noticed public hearing on the instant appeal with an opportunity for all interested parties to be heard and testimony was taken of the Applicant’s consultant and other interested parties; and WHEREAS, the application has been reviewed pursuant to Chapter 268, Waterfront Consistency Review of the Town Code and the Local Waterfront Revitalization Program; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed action is classified as a Type II Action and is not subject to review pursuant to SEQRA Rules and Regulations for this action; and be it further RESOLVED that the Town Board of the Town of Southold does hereby adopt the Findings and Determination dated July 27, 2021 granting the application of Keith Neilson PE of Docko Inc. on behalf of Elizabeth Callander for a coastal erosion hazard area permit pursuant to §111-20 of the Town of Southold Coastal Erosion Hazard Area Law and be it further RESOLVED that the Town Board had determined that this action is consistent with Chapter 268, Local Waterfront Revitalization Program; and be it further RESOLVED that this Determination shall not affect or deprive any other agency of its properly asserted jurisdiction, separate and apart from the proceedings under the Coastal Erosion Hazard Areas Law considered herein.  Vote Record - Resolution RES-2021-624 Yes/Aye No/Nay Abstain Absent Adopted  Adopted as Amended  Sarah E. Nappa     Defeated  James Dinizio Jr     Tabled  Jill Doherty      Withdrawn  Supervisor's Appt Robert Ghosio      Tax Receiver's Appt Louisa P. Evans     Rescinded  Scott A. Russell     Town Clerk's Appt  Supt Hgwys Appt  Southold Town Meeting Agenda - July 27, 2021 Page 22 No Action  Lost  2021-625 CATEGORY: Property Acquisition Purchase DEPARTMENT: Land Preservation Mattituck Farm Holdings Dev Rights Easement Acquisition-SEQRA WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of development rights easements on certain parcels of properties owned by th Mattituck Farm Holdings, LLC on the 27 day of July, 2021, at which time all interested parties were given the opportunity to be heard; and WHEREAS, Mattituck Farm Holdings, LLC, owns approximately 256± acres in Cutchogue, located between Depot Lane to the east and Elijah’s Lane to the west, and between Oregon Road to the north and County Road 48 to the south; and WHEREAS, a combined total of 136± acres are subject to existing Town or County development rights easements, and the remaining lands, a combined total of 120± acres, have development rights intact; and WHEREAS, all of the properties are located within the Agricultural-Conservation (A-C) zoning district, are comprised of Prime Soils, and are in active agriculture; and WHEREAS, the properties are listed on the Town’s Community Preservation Project Plan as properties that should be preserved due to their agricultural value and aquifer recharge area value; and WHEREAS, the Town proposes to purchase six (6) separate Development Rights Easements, on all or part of some of the properties owned by Mattituck Farm Holdings, LLC, on a cumulative total of 106.78± acres. Said properties are identified as all or part of SCTM #1000-95-3-3.4 (4710 Oregon Road), 1000-95-3-8.1 (5780 Oregon Road), 1000-95-4-1 (7040 Oregon Road), 1000-95-4-3.1 (8500 Alvah’s Lane), 1000-95-4-5.2 (8820 Alvah’s Lane), 1000-95-4-12 (19285 County Road 48) and 1000-95-4-13 (19155 County Road 48), in Cutchogue, New York, and WHEREAS, as part of the acquisition, the remaining 13± cumulative acres, including new development (reserve) areas and existing development (reserve) areas, will each be subject to the recording of a Declaration of Covenants & Restrictions simultaneously with the Easement, including a requirement that the area will remain permanently attached to the preserved farm. Said properties include: Southold Town Meeting Agenda - July 27, 2021 Page 23 New Development (reserve) Areas SCTM #1000-95-3-8.1 (5780 Oregon Road) SCTM #1000-95-4-1 (7040 Oregon Road), SCTM #1000-95-4-3.1 (8500 Alvah’s Lane) Existing Development (reserve) Areas SCTM #1000-95.-3-3.5 (5200 Oregon Road) SCTM #1000-95.-4-6.1 (7990 Oregon Road) SCTM #1000-95.-4-9.1 (8900 Oregon Road) SCTM #1000-95.-4-14.2 (8640 Oregon Road) WHEREAS, as a condition of the acquisition, the existing tax parcels known as SCTM #1000- 95.-4-12 and #1000-95.-4-13, each 6.5± in acres, will be merged; and WHEREAS, as a condition of the acquisition, the existing tax parcels known as SCTM #1000- 95.-4-9.2 (4.3 acres subject to existing Town development rights easement) and #1000-95.-4-10 (19.5 acres subject to existing Town development rights easement), will be merged; and WHEREAS, the total acquisition purchase price is $6,000,000.00 (six million dollars), calculated to be $56,190.30 (fifty-six thousand one hundred ninety and 30/100 dollars) per buildable acre based on the 106.78± acres contemplated to be encumbered as follows: SCTM #1000-95.-3-3.4 1.98± acres at $ 111,257.00 SCTM #1000-95.-3-8.1 53.00± acres at $ 2,978,086.00 SCTM #1000-95.-4-1 10.00± acres at $ 561,903.00 SCTM #1000-95.-4-3.1 24.00± acres at $ 1,348,567.00 SCTM #1000-95.-4-5.2 4.80± acres at $ 269,713.00 SCTM #1000-95.-4-12 & 13 13.00± acres at $ 730,474.00 If the final survey shows that the total acreage of the Premises is different from the 106.78± acre figure used to determining the purchase price for each easement, the final price per acre shall be adjusted such that the final purchase price remains at $6,000,000.00 (six million dollars.) The exact areas of the acquisitions are subject to Town-provided surveys acceptable to the Land Preservation Committee and the landowner; and WHEREAS, Community Preservation Funds will be used to acquire the easements and to pay for closing costs and expenses associated with the acquisitions; and WHEREAS, the Town commissioned an appraisal, by a qualified appraiser, to value the development rights and restrictive covenants on portions of the subject parcels. The Town acknowledges that the Town’s purchase offer is below the fair market value as determined by the appraisal, and the landowner may be eligible to claim a bargain sale; and WHEREAS, this acquisition involves six easements, three new development (reserve) areas, four covenants and restrictions for existing development (reserve) areas as well as two 2-lot Southold Town Meeting Agenda - July 27, 2021 Page 24 mergers of parcels and is subject to, and contingent upon, the Town’s acquisition of the entire scope of this proposed project; and, WHEREAS, the purchase of the development rights on these properties are in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program (“LWRP”) and the LWRP Coordinator has recommended that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisitions, and recommends that the Town Board acquire the development rights easements; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on these agricultural lands; and, WHEREAS, THE TOWN BOARD OF THE TOWN OF SOUTHOLD CLASSIFIES THIS ACTION AS AN UNLISTED ACTION PURSUANT TO THE SEQRA RULES AND REGULATIONS, 6NYCRR 617.1 ET. SEQ.; AND, WHEREAS, the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and, WHEREAS, the Town Board of the Town of Southold accepted the Short Environmental Form for this project that is attached hereto; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action; and, be it further RESOLVED that the Town Board of the Town of Southold hereby elects to purchase development rights easements on agricultural lands owned by Mattituck Farm Holdings, LLC, in accordance with the acquisition as detailed above. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the LWRP and the Town Board has determined that this action is consistent with the LWRP.  Vote Record - Resolution RES-2021-625 Adopted  Yes/Aye No/Nay Abstain Absent  Adopted as Amended Sarah E. Nappa      Defeated James Dinizio Jr     Tabled  Jill Doherty Withdrawn      Southold Town Meeting Agenda - July 27, 2021 Page 25 Supervisor's Appt  Robert Ghosio     Tax Receiver's Appt  Louisa P. Evans      Rescinded Scott A. Russell      Town Clerk's Appt  Supt Hgwys Appt No Action  Lost  VI. PUBLIC HEARINGS 1. PH 7/27 4;30 Pm Mattituck Farm Holdings Dev Rights Acquisition 2. PH 7/27 4:31 Pm CDBG Modification