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HomeMy WebLinkAboutAG-08/10/2021 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 SOUTHOLD TOWN BOARD August 10, 2021 7:00 PM POLICY: At the beginning of scheduled Town Board meetings, the attending public is encouraged to briefly address the Town Board relating to agenda resolutions prior to their enactment; the public will also be given time at the conclusion of the regularly scheduled business agenda to address the Board on any given topic. ONLINE ACCESS: The Tentative Agenda is generally available the Friday before the meeting. The video of the meeting is usually available to watch live during the meeting. Minutes with adopted resolutions are available 1-2 days after the meeting. A full copy of the minutes, agenda and meeting video can be viewed by going to the official Town of Southold website: www.southoldtownny.gov and following either of the following: (1) Move pointer over “Government” on the Town website home page. You will find the title “Town Supervisor/Town Board”. Under this title you will see “Southold Town Board Meetings and Agendas”. or (2) Go to “How Do I”, in the right upper corner of the Town website home page, Choose “Access”, then “Southold Town Board Meetings and Agendas. Go to the date of the meeting and click on "Minutes Packet" this is the full copy of the resolutions. (Scroll to bottom of page for KEY to symbols). You can view the live video of the meeting by clicking on the camera symbol. All of this information is available 24/7. If you would like help navigating the site, please feel free to call my office 631-765-1800. Due to 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 - August 10, 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 7:00 PM Meeting called to order on August 10, 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. Zoning Board of Appeals Monthly Report Juily 2021 2. Town Clerk Monthly Report July 2021 3. Land Tracking Report 2nd quarter 2021 4. Planning Department Monthly Report April 2021 May 2021 June 2021 Southold Town Meeting Agenda - August 10, 2021 Page 3 II. COMMUNICATIONS III. PUBLIC NOTICES IV. DISCUSSION 1. 9:00 AM - Town Clerk Elizabeth Neville, Lynda Rudder and Denis Noncarrow Town Clerk Permits for 2022-2023 2. Town Attorney Amendments to Ch. 280- Revisions to Conversion of Existing Space to Affordable Apartments 3. Town Attorney Property Owner Request for Revocation of AHD Zoning and Revert to R-120 Zoning on Battery Barlow Property on Fishers Island (SCTM# 1000-12-1-1.2) 4. Supervisor Russell Update on Contribution Request from Peconic Estuary Program 5. Coastal Erosion Hazard Board of Review Appeal Application Farther Out East, LLC 6. EXECUTIVE SESSION - Sale, Lease or Acquisition of Certain Real Properties Where Publicity Could Affect the Value Thereof 10:30 AM - Michael Collins, Town Engineer 7. EXECUTIVE SESSION - Labor - Matters Involving the Employment Contract of a Particular Corporation 11:15 AM - John Sepenoski 8. EXECUTIVE SESSION - Labor - Matters Involving the Employment/Appointment of a Particular Person(S) 11:30 AM - Tim Abrams, Department of Public Works 11:45 AM - Chief Flatley 12:30 PM - Mike Verity, Building Department - Elizabeth Neville re: Town Clerk’s Office - Community Outreach and Implementation Working Group - Appointment to Local Development Corporation - Historic Preservation Commission Admin. Assistant 9. EXECUTIVE SESSION - Labor- Matters Involving Collective Bargaining PBA V. RESOLUTIONS Southold Town Meeting Agenda - August 10, 2021 Page 4 2021-626 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated August 10, 2021.  Vote Record - Resolution RES-2021-626  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  2021-627 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, August 24, 2021 at the Southold Town Hall, Southold, New York at 4:30 P. M..  Vote Record - Resolution RES-2021-627 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 - August 10, 2021 Page 5 2021-628 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney West Group Agreement Financial Impact: A.1420.4.100.200 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Westlaw Order Forms between the Town of Southold and West Group regarding a 36-month agreement for the Government Select PRO Flex Plan for the Town Attorney’s Office in connection with legal research, on-line CLE classes for all attorneys, and all legal books at a cost of $1,135.01 per month, subject to the approval of the Town Attorney and funded from budget line- A.1420.4.100.200  Vote Record - Resolution RES-2021-628  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  2021-629 CATEGORY: Refund DEPARTMENT: Zoning Board of Appeals Refund - Zuhoski, Bill RESOLVED, that the Town Board of the Town of Southold hereby grants a refund to the following applicant; as the Zoning Board of Appeals has been notified that the applicant has withdrawn his application. Zuhoski Pool Care $250.00 ZBA # 7528 P.O. Box 867 Mattituck, NY 11952 Southold Town Meeting Agenda - August 10, 2021 Page 6  Vote Record - Resolution RES-2021-629 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 2021-630 CATEGORY: Refund DEPARTMENT: Zoning Board of Appeals Refund - Zoitas, Andreas RESOLVED, that the Town Board of the Town of Southold hereby grants a refund to the following applicant; as the Zoning Board of Appeals has been notified that the applicant has Amended his application. Andreas Zoitas $2,000.00 ZBA # 7525 1470 Grandview Drive Orient, NY 11957  Vote Record - Resolution RES-2021-630  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 - August 10, 2021 Page 7 2021-631 CATEGORY: Refund DEPARTMENT: Zoning Board of Appeals Refund - Sanchez, Ronald RESOLVED, that the Town Board of the Town of Southold hereby grants a refund to the following applicant; as the Zoning Board of Appeals has been notified that the Notice of Disapproval has been amended; therefore, amending variance relief requested. Ronald Sanchez $1,000.00 ZBA # 7534 18 Spruce Park Syosset, NY 11791  Vote Record - Resolution RES-2021-631 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 2021-632 CATEGORY: Employment - Town DEPARTMENT: Accounting Accepts Resignation of Patricia Faulkner RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Patricia Faulkner from the position of Part Time Senior Citizen Aide II effective July 30, 2021.  Vote Record - Resolution RES-2021-632 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 - August 10, 2021 Page 8 Town Clerk's Appt  Scott A. Russell     Supt Hgwys Appt   No Action  Lost 2021-633 CATEGORY: Surplus Equipment DEPARTMENT: Police Dept Police Department- RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for two (2) consecutive weeks for the following used vehicles which are all located at Police Headquarters in Peconic. LOT A (Minimum bid $300) Asset #4363 2014 Ford Taurus VIN# 1FAHP2MK2EG127599 Asset #4497 2015 Ford Taurus VIN# 1FAHP2MK1FG126220 Asset #4365 2014 Ford Taurus VIN#1FAHP2MK7EG125801 LOT B (Minimum bid $300) Asset #4364 2014 Ford Taurus VIN#1FAHP2MK5EG125800 Asset #4339 2013 Ford Taurus VIN#1FAHP2M88DG201710 Asset #4479 2015 Ford Taurus VIN#1FAHP2MK1FG126217 LOT C (Minimum bid $600) Asset #3929 2010 Ford Crown Victoria VIN#2FABP7BV1AX101515 Asset #4143 2011 Ford Crown Victoria VIN#2FABP7BV1BX169962 Asset #4214 2011 Ford Crown Victoria VIN#2FABP7BV8BX180814 Asset #4217 2011 Ford Crown Victoria VIN #2FABP7BV5BX180897  Vote Record - Resolution RES-2021-633 Adopted  Yes/Aye No/Nay Abstain Absent  Adopted as Amended Sarah E. Nappa      Defeated Tabled  James Dinizio Jr     Withdrawn  Jill Doherty     Supervisor's Appt  Robert Ghosio     Tax Receiver's Appt  Rescinded Louisa P. Evans       Town Clerk's Appt Scott A. Russell      Supt Hgwys Appt  No Action Southold Town Meeting Agenda - August 10, 2021 Page 9 Lost  2021-634 CATEGORY: Budget Modification DEPARTMENT: Human Resource Center 2021 Budget Modification- HRC Financial Impact: To move funds to cover costs for an outdoor freezer awning required by the Suffolk County Health Dept. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2021 General Fund Whole Town budget as follows: From: A.6772.1.200.100 Part time Employees Regular Earnings $1,000 Total: $1,000 To: A.6772.4.400.600 Contracted Services Equipment Maint/Repair $1,000 Total: $1,000  Vote Record - Resolution RES-2021-634 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  2021-635 CATEGORY: Landfill Misc. DEPARTMENT: Solid Waste Management District Southold Town Meeting Agenda - August 10, 2021 Page 10 Adopt Local Solid Waste Management Plan WHEREAS, the Southold Town Board has completed the Town of Southold Local Solid Waste Management Plan (LSWMP); and WHEREAS, the Southold Town Board, pursuant to State Environmental Quality Review Act (SEQRA) 6 NYCRR, Part 617, has determined that the proposed action is a Type I action pursuant to 617.4(b)(1) “the adoption of a municipality's land use plan, the adoption by any agency of a comprehensive resource management plan or the initial adoption of a municipality's comprehensive zoning regulations;” and WHEREAS, the Southold Town Board performed a coordinated review of this Type I Action pursuant to 6 NYCRR Part 617, Section 617.7 of the State Environmental Quality Review Act (SEQRA); and WHEREAS, no objection to the Southold Town Board taking Lead Agency for the action was received; and WHEREAS, the Town of Southold Local Waterfront Revitalization Program (LWRP) Coordinator reviewed this application, and has recommended the proposed project be found consistent with the policies of the Southold Town LWRP; therefore, be it RESOLVED, the Southold Town Board hereby declares itself Lead Agency for the SEQRA review of this action; and be it further RESOLVED, that the Southold Town Board has determined that this proposed action is consistent with the policies of the Town of Southold LWRP; and be it further RESOLVED, that the Southold Town Board, pursuant to State Environmental Quality Review Act (SEQRA) 6 NYCRR, Part 617, hereby makes a determination of significance for the proposed action and grants a Negative Declaration for the adoption of the Town of Southold Local Solid Waste Management Plan; and be it further RESOLVED, that the Southold Town Board adopts the Town of Southold Local Solid Waste Management Plan and will implement and maintain the solid waste management system as described in the final LSWMP and that the Town will submit biennial updates.  Vote Record - Resolution RES-2021-635  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 - August 10, 2021 Page 11 Town Clerk's Appt  Scott A. Russell     Supt Hgwys Appt   No Action  Lost 2021-636 CATEGORY: Special Events DEPARTMENT: Town Clerk Annual Boy Scout Car Show Financial Impact: Cost Analysis: $224.00 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Boy st Scout Troop 6 to hold its 31 Annual Antique Car Show on Friday, September 3 and Saturday, September 4, 2021 (rain date Sunday September 5, 2021) from 7:00 AM to 4:00 PM at the Peconic Lane Community Center, Peconic Lane, Peconic, provided they file with the Town Clerk a Two Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and comply with all the provisions of the Town’s Special Permit Policy. All fees associated with this approval shall be waived, with the exception of the clean-up deposit.  Vote Record - Resolution RES-2021-636 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  2021-637 CATEGORY: Special Events DEPARTMENT: Town Clerk American Legion Car Show RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Southold Town Meeting Agenda - August 10, 2021 Page 12 American Legion Griswold-Terry-Glover Post 803 to hold an Antique Car Show on August 29, 2021 from 9:00 AM to 4:00 PM at the American Legion, Main Road, Southold and a partial closure of Tuckers Lane, provided the applicant: files with the Town Clerk a Two Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured; complies with all the provisions of the Town’s Special Permit Policy, and; complies with all current, or as may be amended, Executive Orders issued by the Governor of the State of New York in response to the COVID-19 pandemic. All fees associated with this approval shall be waived, with the exception of the clean-up deposit.  Vote Record - Resolution RES-2021-637 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 2021-638 CATEGORY: Ratify Fishers Island Reso. DEPARTMENT: Fishers Island Ferry District FIFD 7/19/21 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 July 19, 2021 meetings, as follows: FIFD Resolution # Regarding 2021 ? 118 Budget Mod 2021 ? 120 Legal 2021 ? 121 Insurance 2021 ? 122 EE Passage  Vote Record - Resolution RES-2021-638  Adopted Yes/Aye No/Nay Abstain Absent  Adopted as Amended Sarah E. Nappa      Defeated James Dinizio Jr     Tabled  Southold Town Meeting Agenda - August 10, 2021 Page 13 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  2021-639 CATEGORY: Public Service DEPARTMENT: Town Clerk Appoint a Temporary Marriage Officer RESOLVED that the Town Board of the Town of Southold hereby appoints Robert I. Scott, Jr, as a Temporary Marriage Officer for the Town of Southold, on October 2, 2021 only, to serve at no compensation.  Vote Record - Resolution RES-2021-639 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  2021-640 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Canon Financial Services - PD Copier Financial Impact: A.1680.4.400.360. Southold Town Meeting Agenda - August 10, 2021 Page 14 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a renewal of the copier lease with Canon Financials Services, Inc. for the Southold Police Department Copier at a rate of One Hundred Fifty Dollars and Nine Cents ($150.09) per month, subject to the approval by the Town Attorney, funded from budget line A.1680.4.400.360.  Vote Record - Resolution RES-2021-640  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  2021-641 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Conifer Realty and Community Development Trust Loan Agreement Financial Impact: subordination agreement related to the terms of the loan RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a subordination agreement related to the terms of the loan between Conifer Realty and Community Development Trust for the construction of affordable housing in connection with the site plan application known as “Vineyard View” pursuant to section 34-6(E) of the Town Code and previously approved under Resolution No. 2018-1016, subject to the approval of the Town Attorney.  Vote Record - Resolution RES-2021-641  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 - August 10, 2021 Page 15 2021-642 CATEGORY: Special Events DEPARTMENT: Town Attorney Special Events Laurel Lake Vineyard 2021 - 42 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Christopher Richards, East End Events Catering to hold Special Event 2021-42 at the Laurel Lake Vineyard, 3165 Main Road, Laurel, New York as applied for in Application LLV8a-f for six (6) wine and food pairing events: August 20, August 21, August 22, August 27, August 28 and August 29, 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-2021-642  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  2021-643 CATEGORY: Budget Modification DEPARTMENT: Accounting Southold Town Meeting Agenda - August 10, 2021 Page 16 2021 Budget Modification- Town Board Financial Impact: To move funds to cover 2021 costs for Peconic Estuary Program RESOLVED that the Town Board of the Town of Southold hereby modifies the 2021 General Fund Whole Town budget as follows: From: A.1990.4.100.100 Unallocated Contingencies $24,500 Total: $24,500 To: A.1010.4.500.300 Environmental Contracted Services $24,500 Total: $24,500  Vote Record - Resolution RES-2021-643  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  2021-644 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 $300.00 to Vasiliki Daskalakis, 2070 36th Street, Astoria, NY 11105 for a Non- Resident Beach Parking Permit that is not being honored in 2021.  Vote Record - Resolution RES-2021-644 Adopted  Yes/Aye No/Nay Abstain Absent Adopted as Amended  Sarah E. Nappa     Defeated  Tabled  James Dinizio Jr     Withdrawn  Jill Doherty      Supervisor's Appt Southold Town Meeting Agenda - August 10, 2021 Page 17 Tax Receiver's Appt  Robert Ghosio     Rescinded  Louisa P. Evans      Town Clerk's Appt Scott A. Russell      Supt Hgwys Appt  No Action Lost  2021-645 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Cutchogue Fire Department's Stuff the Sleigh 5K Financial Impact: Police Department cost = $854.48 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Cutchogue Fire Department to use the following route: New Suffolk Road, Grathwohl Road, thth Fanning Road, 5 Street, King Street, 4 Street, and Orchard Street to hold its Annual Sleigh 5K in Cutchogue, on December 12, 2021 beginning at 9:00 AM, provided they adhere to the Town of Southold Policy for Special Events on Town Properties and Roads. All Town fees for this event, with the exception of the Clean-up Deposit, are waived.  Vote Record - Resolution RES-2021-645  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  2021-646 CATEGORY: Refund DEPARTMENT: Town Clerk Various Clean Up Deposits Southold Town Meeting Agenda - August 10, 2021 Page 18 WHEREAS the following groups have supplied the Town of Southold with a refundable Clean- up Deposit fee, for their events and WHEREAS the Southold Town Police Chief, Martin Flatley, has informed the Town Clerk's office that this fee may be refunded, now therefor be it RESOLVED that Town Board of the Town of Southold hereby authorizes a refund be issued in the amount of the deposit made to the following Name Date Received Amount of Deposit North Fork Country Club 5/20/21 $250.00 George Haase, Jr Po Box 725 Cutchogue, NY 11935 Mattituck Chamber of Commerce 5/20/21 $250.00 Kelly Fogarty PO Box 1056 Mattituck, NY 11952  Vote Record - Resolution RES-2021-646 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  2021-647 CATEGORY: Budget Modification DEPARTMENT: Human Resource Center 2021 Budget Modification- HRC Financial Impact: To reallocate funds to purchase a commercial microwave, office chairs, first aid kit, portable refridgerators. 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 - August 10, 2021 Page 19 From: Appropriations A.6772.4.100.150 Contractual Expense Disposables $1,195 Total $1,195 To: Appropriations A.6772.2.500.200 Other Equipment Chairs $450 A.6772.2.500.700 Other Equipment Kitchen Equipment 150 A.6772.4.100.110 Contractual Expense Program Supplies & Materials 500 A.6772.4.100.800 Contractual Expense First Aid Supplies 95 Total $1,195  Vote Record - Resolution RES-2021-647  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  2021-648 CATEGORY: Budget Modification DEPARTMENT: Accounting 2021 Budget Modification- HRC Financial Impact: Allocate donations to program line RESOLVED that the Town Board of the Town of Southold hereby modifies the 2021 General Southold Town Meeting Agenda - August 10, 2021 Page 20 Fund Whole Town budget as follows: Increase Revenues: A.2705.40 Other Donations $4,540 Total $4,540 Increase Appropriations: A.6772.2.500.600 Senior Program Equipment $4,540 Total $4,540  Vote Record - Resolution RES-2021-648 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 2021-649 CATEGORY: Affordable Housing DEPARTMENT: Town Clerk Set Pricing for Affordable Housing Units RESOLVED that the Town Board of the Town of Southold hereby sets the maximum initial sales price and maximum allowable monthly rent for 2021 for affordable housing units as follows: Home Purchase Price May Not Exceed Households earning 80% or less of the HUD $259,800* median income for Nassau/Suffolk Households earning 100% or less of the HUD $324,750** median income for Nassau/Suffolk Households earning 120% or less of the HUD $389,700*** median income for Nassau/Suffolk Southold Town Meeting Agenda - August 10, 2021 Page 21 * 2.5 times the 80% median income family of four - Nassau/Suffolk County ($103,920) **2.5 times the 100% median income family of four - Nassau/Suffolk County ($129,900) ***2.5 times the 120% median income family of four - Nassau/Suffolk County ($155,880) Monthly Rental Amounts May Not Exceed (utilities may or may not be included) Efficiency $ 1343*** One Bedroom $ 1659*** Two Bedroom $ 2045*** Three Bedroom $ 2606*** Four Bedroom $ 2896*** *** represents HUD fair market rental RESOLVED that pursuant to Chapter 240-10-B(2)(c)\[2\]\[a\] of the Town Code, the Town Board of the Town of Southold hereby sets $259,800 as the amount of payment required per housing unit for Moderate Income Family Dwelling Units not built within the Town of Southold’s inclusionary zoning requirements. Said amount reflects two times the Nassau/Suffolk median income for a family of four in accordance with the Long Island Workforce Housing Act.  Vote Record - Resolution RES-2021-649 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  2021-650 CATEGORY: Committee Resignation DEPARTMENT: Town Clerk Accept Resignation - Hughes Resolved that the Town Board of the Town of Southold hereby accepts the resignation of Brian J. Hughes as a member of the Southold Community Joint Justice Review and Reform Task Force effective immediately. Southold Town Meeting Agenda - August 10, 2021 Page 22  Vote Record - Resolution RES-2021-650 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 2021-651 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Community Outreach Implementation Working Group RESOLVED the Town Board of the Town of Southold hereby appoints the following individuals from the following groups to serve on the Community Outreach Implementation Working Group, to serve without compensation: Police Advisory Committee: Christopher North Kevin Foote Alternate: John Slattery Anti-Bias Task Force: Valerie Shelby Cindy Smith Alternate: Sonia Spar Two (2) Town Board Members to serve on a rotating basis out of the following five (5) Members: Supervisor Scott A. Russell Councilwoman Jill Doherty Councilwoman Sarah Nappa Councilman James Dinizio Councilman Robert Ghosio, Jr. Police Benevolent Association Members: Police Officer Alex Chenche Police Officer Nicole DiVello Sergeant Robert Haas Detective Kenneth Richert Chief of Police Martin Flatley Southold Town Meeting Agenda - August 10, 2021 Page 23  Vote Record - Resolution RES-2021-651 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 2021-652 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Engineering Change Order # 2 - 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 #2 to the contract for the Fishers Island Sidewalk Improvements with Mattern Construction, Inc. in the net amount of $12,940.00, pursuant to their proposal dated August 9, 2021, subject to the approval of the Town Attorney.  Vote Record - Resolution RES-2021-652  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  2021-653 CATEGORY: Employment - Town Southold Town Meeting Agenda - August 10, 2021 Page 24 DEPARTMENT: Accounting Appoint Gregory Koehler Groundskeeper I RESOLVED that the Town Board of the Town of Southold hereby appoints Gregory Koehler to the position of Groundskeeper I for the Department of Public Works, effective August 12, 2021, at a rate of $25.7908 per hour.  Vote Record - Resolution RES-2021-653 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  2021-654 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint HPC Coordinator RESOLVED that the Town Board of the Town of Southold hereby assigns Kim Fuentes to the duties of Historic Preservation Commission Coordinator, effective immediately, with a stipend of $6,000.00 per annum.  Vote Record - Resolution RES-2021-654 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 - August 10, 2021 Page 25 2021-655 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Moa Csea Financial Impact: Memorandum of Agreement RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the Memorandum of Agreement signed July 6, 2021, between the Town of Southold and the Civil Service Employees Association Inc., Local 1000, AFSCME, AFL-CIO, Southold Unit 8785 (“the CSEA”).  Vote Record - Resolution RES-2021-655 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 2021-656 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney PH 10/5 7:00 Pm - COZ Battery Barlow Property WHEREAS, on August 11, 2015 the Town Board of the Town of Southold enacted a local law changing the zoning designation on property located on Fishers Island identified on the Suffolk County Tax Map as SCTM #1000-12-1-1.2, and known as the Battery Barlow Property, from the Residential Low-Density (R-120) Zoning District to the Affordable Housing District (AHD); and WHEREAS, pursuant to section 280-29 (F)(2)(a) of the Town Code upon request of the Town Board, on notice to the applicant, and for good cause shown, the establishment of an AHD Southold Town Meeting Agenda - August 10, 2021 Page 26 District may be revoked 18 months after approval if work on the site has not commenced or the same is not being prosecuted to conclusion with reasonable diligence; and WHEREAS, the Town Board has received a request from the agent for the property owner requesting that the AHD District be revoked and revert back to the R-120 Zoning District; NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Southold is considering revoking the AHD Zoning District designation for the parcel known as SCTM #1000-12-1-1.2; and it is further RESOLVED that the Town Board of the Town of Southold establishes itself as lead agency; and it is further RESOLVED that the Town Board of the Town of Southold requests that the Planning Board prepare a report and recommendations on the proposed rezoning, including SEQRA and LWRP report and recommendations; and it is further RESOLVED that the Town Clerk of the Town of Southold is directed to forward the matter to the Suffolk County Planning Commission for a report and recommendations; and it is further RESOLVED that pursuant to the requirements of Section 265 of the New York State Town Law and the Code of the Town of Southold, Suffolk County, New York, the Town Board of the Town of Southold will hold a public hearing on the aforesaid revocation of zoning designation at th Southold Town Hall, 53095 Main Road, Southold, New York, on the 5 day of October, 2021 at 7:00 p.m. The purpose of this Local Law is to change the Zoning District Designation of SCTM #1000-12-1-1.2 from Affordable Housing District (AHD) to Residential Low-Density (R-120); and it is further RESOLVED that the Town Clerk for the Town of Southold is directed to provide notice to the property owner of public hearing pursuant to Town Code section 280-29(F)(2)(a).  Vote Record - Resolution RES-2021-656 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 - August 10, 2021 Page 27 2021-657 CATEGORY: Ratify Fishers Island Reso. DEPARTMENT: Fishers Island Ferry District FIFD 8/2/21 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 August 2, 2021 meetings, as follows: FIFD Resolution# Regarding 2021 - 123 Budget Modification 2021 - 125 Election Inspections 2021 - 126 Settlement  Vote Record - Resolution RES-2021-657 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 2021-658 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact 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” and Whereas the Town Board of the Town of Southold held a public hearing on the aforesaid Local Southold Town Meeting Agenda - August 10, 2021 Page 28 Law at which time all interested persons were given an opportunity to be heard, now therefore be it Resolved that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, “A Local Law in relation to an Amendment to Chapter 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 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-2021-658 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 - August 10, 2021 Page 29 2021-659 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk ENACT LL Chapter 180, Noise 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 ” and Whereas the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefore be it Resolved that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, “A Local Law in relation to an Amendment to Chapter 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, 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. Southold Town Meeting Agenda - August 10, 2021 Page 30 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 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 Southold Town Meeting Agenda - August 10, 2021 Page 31 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) Monday through Friday prior to 8:00 a.m. or after 6:00 p.m.; or (b) Saturday prior to 9:00 a.m. or after 5:00 p.m.; or (c) 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. § 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. Southold Town Meeting Agenda - August 10, 2021 Page 32 (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 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 Southold Town Meeting Agenda - August 10, 2021 Page 33 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-2021-659 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 8/10 7:00 Pm LL Chapter 260 Stop Sign 2. PH 8/10 7:01 Pm Local Law Chapter 180