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Home My WebLink AboutTB-06/29/2021 ELIZABETH A.NEVILLETown Hall,53095 Main Road TOWN CLERK ��OgUFFD��COGy� PO Box 1179 y Southold,NY 11971 REGISTRAR OF VITAL STATISTICS o yc Fax(631)765-6145 MARRIAGE OFFICER y41p1 �a°� Telephone: (631)765 - 1800 RECORDS MANAGEMENT OFFICER southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING June 29, 2021 4:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, June 29, 2021 at the Meeting Hall, Southold,NY. Call to Order 4:30 PM Meeting called to order on June 29, 2021 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Namey _ Uranizato .y` Title `t Status ] Arrived='' Sarah E.NaP a Town of Southold Councilwoman Present James Dinizio Jr Town of Southold Councilman Absent Jill DohertyTown of Southold Councilwoman Present Robert G_hosioTown of Southold CouncilmanPresent Louisa P. Evans Town of Southold Justice _ Present Scott A. Russell Town of Southold Supervisor Present Elizabeth A.Neville Town of Southold Town Clerk Present William M Duffy Town of Southold ; Present I. Reports II. Public Notices III. Communications IV. Discussion 1. 9:00 Am -John Sepenoski 2. 9:15 Am - Supervisor Russell, Kristie Hansen-Hightower,Town Comptroller (Zoom) and Bill Duffy 3. 9:30 Am -Denis Noncarrow, Jack Malley-Economic Development Committee Chair, Nicole Helf- Southold School Certified Career Services Provider, Lynn Nyilas-Youth Bureau Director Southold Town Board Regular Meeting June 29, 2021 page 2 4. 9:45 Am - Denis Noncarrow and Jack Malley, Economic Development Committee Chair 5. 10:00 Am - Michael Collins 6. Town Attorney 7. Town Attorney 8. Supervisor Russell 9. Supervisor Russell 10. EXECUTIVE SESSION - Labor-Matters Involving the Employment of a Particular Person(S) 11. EXECUTIVE SESSION -Proposed Acquisition(S), Sale or Lease of Real Property Where Publicity Would Substantially Affect the Value Thereof Openin14 Comments Supervisor Russell SUPERVISOR RUSSELL: Would everyone please stand for the Pledge? Thank you. I am going to ask everyone to remain standing for a moment, for a moment of silence for Alice Hussie who recently passed. She served not just as a councilwoman but in many capacities, she served the community. Thank you. Would anyone like to comment on any of the agenda items to please feel free? (No response) Minutes Approval RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, January 05, 2021 ✓Vote.Record� Vlotion- Yes/Aye No/Nay Abstain Absent Sarah E Nappa Voter D ❑ ❑ E El ❑ Accepted James Dmizio Ir -Voter _❑ 11 El _ 0 ❑ Accepted as Amended Jill Doherty ___j Voter V ❑ ❑~ ❑ ❑ ❑ Tabled Robert Ghosio 1 Seconder 0 ❑� ❑ ❑ Louisa P Evans ; Mover ❑ ❑ ❑ Scott A Russell ( Voter ❑ ❑ ❑ ❑ RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, January 19, 2021 ✓Vote Record-Motion Yes/Aye No/Nay Abstain Absent Sarah E_Nappa _ i Voter 0 Accepted James Dnuzio Jr Voter ❑ ❑ ❑ ❑ Accepted as Amended Jill DohertyVoter 2 ❑ ❑ ❑ ❑ Tabled Robert Ghosio i Seconder 0 ❑ ❑ ❑ Louisa P Evans Mover 0—------�� El i ❑ Scott A Russell Voter 0 0 0 0 Southold Town Board Regular Meeting June 29, 2021 page 3 RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, February 02,2021 Yes/Aye No/Nay Abstain Absent Sarah E Nappa Voter 2 110 0 ID Accepted James-DinizioJr Voter ❑ --- ----0-- -0- --❑ --- 2------ Accepted as Amended Jill Doherty_ Voter El 0 0 0 0 Tabled -kobertGhosio--- Seconder- --- -5-----�- ---El E1-- Louisa P Evans Mover 13 0 0 0 Scott A Russell Voter 19 0 0 0 RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, February 23, 2021 -1 Wte Ree6d,-Motion Yes/Aye No/Nay Abstain Absent Sarah E Nappa-- Voter --°- -- °---El Accepted James Dinizio Jr Voter D El Ii El Accepted as Amended Jill Voter IZI El 0 0 0 Tabled Robert Ghosio Seconder -[zi--- ❑---------Ej 0 Louisa P.Evans Mover 2 El li ❑ Scott A Russell Voter 2 0 0 ❑ RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: uesday, March 09, 2021 7, k, ZI ,1i i-,lakee� Yes/Aye No/Nay Abstain Absent Sarah E Nappa El Accepted James DinizioJr- El Accepted as Amended Jill Doherty Voter El 11 El Tabled .-Robert Ghosio Seconder -lZ 0 0 0 Louisa P.Evans Mover El 0 Wier— -------- ff- El RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, March 23, 2021 V Vote Reeord,-'Motion Yes/Aye No/Nay Abstain Absent Sarah E Nappa Voter 2 0 0 0 Rl Accepted James Dinizio Jr Voter 0 El 0 21 El Accepted as Amended -.fill Doherty_ Voter Q0 0- - El El Tabled Robert Ghosio Seconder 0 0 0 El- Louisa P Evans I Mover 2 El-- Scott A Russell I Voter 121 o El RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, April 06, 2021 ✓Vote Record Yes/Ave No/Nay Abstain Absent J -Sarah E Nappa Voter- 0 j El El Accepted James-Dinizio lr-- Voter 11 123 0 Accepted as Amended Jill Doherty i Voter El0 ❑1-1 0 11 Tabled Robert Ghosio Seconder R] 0 0 0 Louisa P Evans Mover Scott A Russell Voter El 0 Southold Town Board Regular Meeting June 29, 2021 page 4 RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, April 20, 2021 Vote Record-Motion Yes/Aye No/Nay Abstain Absent Sarah E Nappa Voter Q —_ ❑�— ❑_ _ ❑ Q Accepted .lames Dimzto Jr Voter ❑_ —❑ ❑ Q ❑ Accepted as Amended -— — --- p J�II Doh_erty _ _ Voter_ ____171 _ ❑ 0 ❑_ _ ❑ Tabled Robert Ghosio Seconder Q El ❑ ---------------------- —-Seconder -------------------------- --- -- ---------- Louisa P Evans Mover Q ❑ ❑ ❑ Scott A Russell Voter Q ❑ ❑ ❑ V. Resolutions 2021-522 CATEGORY.• Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated June 29 2021. ✓Vote Record-Resolution RES-2021-522 ," Q Adopted ❑ Adopted as Amended ❑ Defeated —— -- - --- — ——�- — — — - — — - - - - — - - Yes/Aye No/Nay Abstain Absent ❑ Tabled -- --------- --�-- --- WRhdraw ❑ n Sarah E Nappa � Voter Q ❑ ❑ � ❑ ❑ Withdrawn Supervisor's Appt .lames Dnuzio Jr Voter ❑ ❑ El � Q ❑ Tax Receiver's Appt Jill Doherty � Voter Q 11 ( El Robert Ghosio ( Seconder Q ❑ ❑ ElEl Rescinded ❑ Town Clerk's Appt Louisa P Evans ( Mover Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell ( Voter Q ❑ ❑ El ❑ No Action ❑ Lost 2021-523 CATEGORY.• Set Meeting DEPARTMENT: Town Clerk Set Next Town Board Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, TueLday, Jul 13 2021 at the Southold Town Hall Southold New York at 7:00 P. M.. ✓•Vote Record-Resolution RES-2021-523 Q Adopted Yes/Aye No/Nay Abstain Absent - ---- - --— 0 Adopted as Amended Sarah E Nappa Voter Q 0 ❑ 0 Southold Town Board Regular Meeting June 29, 2021 page 5 ❑ Defeated James Dmizio Jr ( Voter ❑ ❑ ❑ 1 0 ❑ Tabled Jill Doherty Voter 0 ❑ ❑ ( ❑ ❑ Withdrawn Robert Ghosio Seconder 0 ❑ ❑ j ❑ ❑ Supervisor's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2021-524 Tabled 6/15/2021 7:00 PM CATEGORY.• Employment-Town DEPARTMENT. Accounting Appoint Donna Westermann Full Time Office Assistant RESOLVED that the Town Board of the Town of Southold hereby appoints Donna Westermann to the position of a full-time Office Assistant for the Zoning Board of Appeals effective July 1, 2021, at a rate of$39,875.90 per year. 'Vote Record``Resolution-RES 2021=52 _ 3p ,; 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Sarah E Nappa Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt James Dimzio Jr F Voter ❑ ❑ 11 ❑ i 0 ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder RI ❑ ❑ ❑ ❑ g�`Y PP Supt H s Appt Scott A Russell Voter 0 [1 ❑ r ❑ ❑ No Action ---- --- ---- - -- - —— ----- ❑ Lost 2021-525 Tabled 6/15/2021 7:00 PM CATEGORY. Enact Local Law DEPARTMENT: Town Clerk Enact LL Chapter 280 Corner Lots WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 4tb day of May, 2 02 1, a need for amendments to the zoning code; and Southold Town Board Regular Meeting June 29, 2021 page 6 WHEREAS, it has been presented a Local Law entitled "A Local Law in relation to an Amendment to Chapter 280, Zoninjz" 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 280, Zoning" reads as follows: LOCAL LAW NO. 9 of 2021 A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 280, Zoning". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The purpose of this local law is to address issues concerning corner lots. I1. Chapter 280 of the Code of the Town of Southold is hereby amended to include the underlined words and remove the struck through words as follows: § 280-4 Definitions. LOT, CORNER A lot situated at the junction of and abutting fronting on two or more se-e-ting streets „here the interior-angle of intersection does not execed 135'. A lot abutting a curved street shall be deemed a "corner lot" if the tangents to the curve at the points of intersection of the side lot lines with the street lines intersect at an interior angle of less than 135°. YARD, FRONT An unoccupied ground area open to the sky between the street line,obetween the—street line established by the Official Map of the Town or an approved subdivision plat, and a line dr-awn parallel ther-eto. Exeept, if the owner- of the lot does not have the right touse ot:tr&vel ever-a bordering street, right of way or-stfeet line, the side of the lot bor-der-iiig tha4 pafticular street, right of axay er-street line shall not be eensider-ed to be a front yard, an-, any aeeessor-5, stmetur-e plaeed in sueh),afd shall comply with the applieable side yaf-El setbacks for the zoning district within whieh it is loe ted.on the same lot with a building or structure, extending the full width of the lot and situated between the street line and the front line of the building or structure projected to the side lines of the lot. The depth of the front yard shall be measured between the front line of the building or structure and the street line. YARD, PRIMARY FRONT For principal structures located on corner lots, that portion of said corner lot which has frontage upon one of the streets on which the lot is located and is identified as the prim4ij front yard on plans or by physical layout. Southold Town Board Regular Meeting June 29, 2021 page 7 YARD, REAR An unoccupied ground area fully open to the sky bet,veen the fe f lot line and ^ line ar^• ^falle theon the same lot with a building or structure, extending the full width of the lot and situated between the rear line of the lot and the rear line of the main building or structure projected to the side lines of the lot. The depth of the rear yard shall be measured between the rear line of the lot and the rear line of the main building or structure. In the case of corner and through lots, as defined in this chapter, the rear lot line shall be opposite the primary front lot line. YARD, SECONDARY FRONT For principal structures located on corner lots, that portion of a corner lot which has frontage upon one the streets on which the lot is located and which not identified as the primary front yard, shall be deemed the secondary front YARD, SIDE An unoccupied ground area fully open to the sky be�ween any pr-epei4y line other-than a street or rear-lot line and a line dr-awn pafallel thereto between the ffen4 and rear-yat! on the same lot with a building or structure, extending from the rear line of the front yard to the front line of the rear yard and situated between the side line of the main building or structure and the adjacent side line of the lot. In the case of corner lots, as defined in this chapter, lot lines opposite a secondary front lot line shall be deemed a side yard and shall have a minimum width equal to the minimum side yard requirements of the zoning district in which located. § 280-105 Height of fences,walls and berms. Fences, walls or berms may be erected and maintained, subject to the following height limitations: A. When located in the front yard of residential zones, the same shall not exceed four feet in height. When located in the front yard of nonresidential zones, the same shall not exceed six feet in height. B. When located in or along side and rear yards, the same shall not exceed 6 1/2 feet in height. C. When located in or along a secondary front yard the same shall not exceed 6 1/2 feet in height and shall be set back from the secondary front yard line no less than 10 feet. DE. In residential and nonresidential zones, except properties/parcels engaged in bona fide agricultural production, the installation of a deer exclusion fence may be permitted by obtaining a building permit issued by the Building Inspector, subject to the following criteria: (1) When located in or along side and rear yards, the height of the deer exclusion fence shall not exceed eight feet. (2) When located in or along a secondaryfront ront yard the height of the deer fence shall not exceed eight feet in height and shall be set back from the secondary front yard line no less than 10 feet. (2(3) Specifications for construction of deer exclusion fences: (a) Fencing fabric: high-tensile, woven wire fence fabric with graduated opening. (b) Spacing between posts: 20 feet. Southold Town Board Regular Meeting June 29, 2021 page 8 (4) Deer fencing is prohibited in or along the front yard or primary front yard of any property. § 280-106 Corner lots. A. On a eomer-let, ffent yat!ds are required on both street frentages, and one yafd other-than the ffent 5,ar-d shall be deemed to be a Year-5,afd, and the other- or others side yar-ds. AB. On all corner lots, berms, walls, fences and hedges or any other potential obstruction to vision shall not exceed a height of 2 1/2 feet above the average street level within an isosceles triangle having thirty-foot sides along each street to preserve sight lines for traffic. § 280-124 Nonconforming lots. A. This section is intended to provide minimum standards for granting of a building permit for the principal buildings of lots which are recognized by the Town under § 280-9, are nonconforming and have not merged pursuant to § 280-10. B. Such lot shall be required to meet the following: Area (square feet) Lot Coverage Front (feet) Side (feet) Yard Both Rear (feet) Sides (feet) 200,000 to 399,999 5% 60 30 60 100 120,000 to 199,999 10% 60 30 60 85 80,000 to 119,999 20% 60 20 45 75 60,000 to 79,999 20% 55 20 45 75 40,000 to 59,999 20% 50 20 40 60 20,000 to 39,999 20% 40 15 35 50 Less than 20,000 20% 35 10 25 35 C. Nonconforming lots with primary and secondaryfront shall be required to meet the following: Area (sq feet) PrimaryFyard Secondary Front yard Side yard Less than 20,000 35 20 10 20,000 to 39,999 40 25 15 Southold Town Board Regular Meeting June 29, 2021 page 9 ZONING 280 Attachment 3 Town of Southold Bulk Schedule for Residential Districts Column No. i u iii Iv v vi vii ix x xi xn District A-C R-40 R-80 R-120 R-200 R-400 HD RR RO Residential 2-Family Unit where Detached community Dwellings water and in R-80 sewer District available Minimum requirements for 1-family detached Dwellings Lot size(square feet) 80,000 40,000 80,000 120,000 200,000 400,000 20,000 20,000 40,000 10,000 160,000 Lot width(feet) 175 150 175 200 270 270 75 75 150 60 270 Lot Depth(feet) 250 175 250 300 400 400 120 120 175 80 400 Front yard(feet) 60 50 60 60 60 60 35 35 50 30 60 Primary Front yard(feet) 60 50 60 60 60 60 35 35 50 30 60 Secondary front yard(feet) 40 35 40 40 40 40 25 25 35 20 Side yard(feet0 20 15 20 30 30 30 15 15 15 15 30 Both side yards(feet) 45 35 45 60 60 60 30 30 35 30 60 Rear Yards(feet) 75 50 75 85 100 100 35 35 50 30 85 Livable floor area(square feet per 850 850 850 850 850 850 850 850 850 850 850 dwelling) Maximum permitted dimensions. Lot coverage(percent) 20 20 20 10 5 5 25 25 20 25 10 Building height(feet) 35 35 35 1 35 35 35 35 35 35 35 35 Number of stories 2'/z 2%z 2%z 2'/z 2% 2'/z 2% 2% 2%z 2%z 2'/z III. SEVERABILITY If any clause, sentence,paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect after filing with the Secretary of State as provided by law. �✓VoteRecord=�ResolutionRES 202125=-', ° 0 Adopted ❑ Adopted as Amended ❑ Defeated — ----- - - - - - -- - - - ---- -- --- Yes/Aye No/Nay Abstain Absent ❑ Tabled - - -- - ---- - - - - - -- Sarah E Nappa Voter RI ❑ ii ❑ ❑ Withdrawn ❑ Supervisor's Appt James Dmizio Ir Voter ❑ ❑ ❑ 0 ❑ Tax Receiver's Appt Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ( ❑ ❑ Supt Hgwys Appt Scott A Russell ; Voter 0 ❑ ❑ ❑ ❑ No Action 0 Lost Southold Town Board Regular Meeting June 29, 2021 page 10 2021-526 CATEGORY: Employment-FIFD DEPARTMENT: Accounting Approve Resolution Number 2021-104 RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves Resolution Number 2021-104 of the Fishers Island Ferry District adopted June 21, 2021 which reads as follows: Whereas resolution 2021-078 included an incorrect rate for Mr. Fiora; and Therefore it is RESOLVED to rescind resolution 2021-078; and WHEREAS the Fishers Island Ferry District policy as described in the Employee Handbook and the CSEA Collective Bargaining Agreement grants a 1% longevity increase to wages when an individual has been employed by the Fishers Island Ferry District for twenty(20)years; and, WHEREAS Michael Fiora has met that requirement. now therefore be it further RESOLVED that Mr. Fiora's wages be increased from $32.33 to$32.65 per hour, effective June 21, 2021. ✓°,Vote R,pord,Resolution RES-2022-526 Q Adopted ❑ Adopted as Amended ❑ Defeated ---------Yes/Aye------No/Nay- -- -- -- - — -- ---- - -- — — Yes/Aye No/Nay Abstain Absent ❑ Tabled --- ------------------------- ----- - - - ❑ Withdrawn Sarah E Nappa ( Voter Q ❑ ❑ ❑ ❑ Supervisor's Appt James Dmizio,Ir j Voter ❑ ❑ ❑ j Q _ ❑ Tax Receiver's Appt Jill Doherty j Voter Q ❑ ❑ j ❑ ❑ Rescinded Robert Ghosio Seconder Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans { Mover Q ❑ ❑ ; ❑ ❑ Supt Hgwys Appt Scott A Russell { Voter Q ❑ ❑ i ❑ ❑ No Action ❑ Lost 2021-527 CATEGORY.• Employment- FIFD DEPARTMENT: Accounting Approve Resolution Number 2021-105 RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves Resolution Number 2021-105 of the Fishers Island Ferry District adopted June 21, 2021 which reads as follows: Southold Town Board Regular Meeting June 29, 2021 page 11 Whereas resolution 2021-065 misspelled Mr. Muti's name; and Therefore it is RESOLVED to rescind resolution 2021-065; and It is further RESOLVED to temporarily appoint with effect May 15, 2021, Lucas Muti as a Laborer with full-time summer seasonal status at a rate of$14 per hour. On September 15, 2021, Mr. Muti will terminate his summer seasonal position as Laborer. �Yo[e�Record�'�ResolutionyR)F,S�202a3 S27 ' _ f� �_;�,%� a�r%�� _ Cd Adopted ❑ Adopted as Amended ❑ Defeated - ---------- ---- -- — - -------- — e Yes/Aye No/Nay Abstain Absent ❑ Tabled --- ❑ Withdrawn Sarah E.Nappa ; Voter ❑ ❑ ❑ ❑ ❑ Supervisor's Appt James Dimzio Jr Voter ❑ ❑ ❑ D ❑ Tax Receiver's Appt Jill Doherty ; Voter Pl ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder ❑ ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell j Voter Rl ❑ ❑ ❑ ❑ No Action ❑ Lost 2021-528 CATEGORY.• Employment-FIFD DEPARTMENT: Accounting Approve Resolution Number 2021-106 RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves Resolution Number 2021-106 of the Fishers Island Ferry District adopted June 21, 2021 which reads as follows: Whereas resolution 2021-094 had an incorrect pay rate for Anthony Mirabelli; and Therefore it is RESOLVED to amend resolution 2021-094 with Mr. Mirabelli's correct new wage rate of $32.97 with effect June 17, 2021. ✓,Vote Record=R6ol6tion RES=2021-528; 0 Adopted ❑ Adopted as Amended Yes/Aye No/Nav Abstain Absent ❑ Defeated -- -- ❑ Tabled Sarah E Nappa Mover ❑ ❑ i ❑ ❑ Withdrawn .lames Dmizio Jr Voter ElD ❑ ❑ ; ❑ Supervisor's Appt Jill Dohem 11Seconder ❑ ❑ ❑ ❑ Tax Receiver's Appt Robert Ghosio Voter 0 ❑ ❑ 1, ❑ ❑ Rescinded Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A Russell Voter ❑ ❑ ❑ ❑ 0 Supt Hgwys Appt Southold Town Board Regular Meeting June 29, 2021 page 12 ❑ No Action ❑ Lost 2021-529 CATEGORY.• Employment-FIFD DEPARTMENT. Accounting Approve Resolution Number 2021-107 RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves Resolution Number 2021-107 of the Fishers Island Ferry District adopted June 21, 2021 which reads as follows: It is RESOLVED to rescind resolution 2021-097; and THEREFORE, IT IS FURTHER RESOLVED to promote Ms. McCarthy to Senior Agent and increase wages to $18.00, with effect June 17, 2021. ✓VoteRccord-Resolution RES-2021-529' Q Adopted ❑ Adopted as Amended ❑ Defeated --- - -- - --i---------- -- ----- -- - -- --- - Yes/Aye No/Nay Abstain Absent ❑ Tabled ---- -- - -t - ❑ Withdrawn Sarah E Nappa Voter Q ❑ ❑ ❑ ❑ Supervisor's Appt James Dm ❑ tzio Jr Voter ❑ ❑ Q ❑ Tax Receiver's Appt Jill Doherty Mover Q ❑ ❑ El El Rescinded Robert Ghosio Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder Q ❑ ❑ ❑ ❑ Supt H-wys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2021-530 CATEGORY. Employment-FIFD DEPARTMENT.• Accounting Approve Resolution Number 2021-108 RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves Resolution Number 2021-108 of the Fishers Island Ferry District adopted June 21, 2021 which reads as follows: Southold Town Board Regular Meeting June 29, 2021 page 13 WHEREAS Steven Conary has exceeded the requirement of his current position and requested to increase his role at the Ferry District; and It is RESOLVED to appoint Mr. Conary to a part-time Deckhand (FIFD) with effect June 17, 2021; and THEREFORE, IT IS FURTHER RESOLVED to promote Steven Conary to full time Cashier(FIFD) at an hourly wage rate of$17.00 for both his part-time Deckhand (FIFD) and full-time Cashier(FIFD) positions with effect June 17, 2021. ✓;!'ate Record-Resolution RES=2021=530 Q Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled - - -- - Yes/Aye No/Nay Abstain Absent Sarah E Nappa _ ❑ Withdrawn Voter Q ❑ 11 1-1❑ Withdrawn Supervisor's Appt James Dmizio Jr ( Voter ❑ ❑ ❑ ( Q 11 Tax Receiver's Appt Jill Doherty j Voter Q ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover Q ❑ ❑ ( ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter Q ❑ ii ❑ ❑ No Action ❑ Lost 2021-531 CATEGORY.- Employment-FIFD DEPARTMENT.- Accounting Approve Resolution Number 2021-109 RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves Resolution Number 2021-109 of the Fishers Island Ferry District adopted June 21, 2021 which reads as follows: WHEREAS George Cook has exceeded the requirement of District Manager; and It is RESOLVED to give Mr. Cook a $10,000 bonus and increase his wages by four percent (4%)to $140,608 with effect June 17, 2021; ✓Vote`Record Resolution.RES2021-531 -;- ; •�- Q Adopted —— — - -- ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated Sarah E Nappa Seconder Q ❑ ❑ ❑ ❑ Tabled lames Dmizio Jr Voter ❑ ❑ ❑ Q ❑ Withdrawn Jill Doherty Voter Q ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio ; Mover Q ❑ ❑ i ❑ ❑ Tax Receiver's Appt Louisa P.Evans Voter Q ❑ ❑ ❑ ❑ Rescinded Scott A Russell Voter Q ❑ ❑ ❑ 0 Town Clerk's Appt Southold Town Board Regular Meeting June 29, 2021 page 14 ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2021-532 CATEGORY: Authorize to Bid DEPARTMENT: Engineering Advertise for Moores Drain Daylighting Project at Skipper Horton Park RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the Moores Lane Daylighting Project at Skipper Horton Park. -/Vote`Recoi•d=ResolutionRES-2021-532"°,_ Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/NayT Abstain —; Absent ❑ Tabled - ------------- --•-- - -- - - - - - --------------- ❑ Withdrawn Sarah E Nappa over Q ❑ ❑ ❑ ❑ Supervisor's Appt James Dmizio Jr Voter ❑ El Q ❑ Tax Receiver's Appt Jill Doherty Seconder Q ❑ ❑ { ❑ ❑ Rescinded Robert Ghosio Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q I ❑ ❑ j ❑ ❑ No Action ❑ Lost 2021-533 CATEGORY.• Grants DEPARTMENT: Land Management Coordination Bay to Soarnd Integrated Trails Initiative Phase 5 Grant App RESOLVED, the Town Board of the Town of Southold authorizes and directs Supervisor Scott A. Russell to execute a grant application to the New York Department of State for finding for the Bay to Sound Integrated Trails Initiative Phase 5, all in accordance with the approval of the Town Attorney. ✓Vote Record-Resolution RES-2021-533 Q Adopted - - - -- ----------- - Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated Sarah E Nappa Voter Q ❑ ❑ ❑ ❑ Tabled lames Duuzio Jr 1 Voter ❑ El El ❑ Withdrawn Jill Doherty I Mover Q ❑ ❑ ❑ El Supervisor's Appt Robert Ghosio ' Voter 0 11 ❑ El Southold Town Board Regular Meeting June 29, 2021 page 15 ❑ Tax Receiver's Appt Louisa P Evans Seconder 0 ❑ ❑ 1 ❑ ❑ Rescinded Scott A Russell Voter 0 ❑ ❑ 1 ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2021-534 CATEGORY.• Public Service DEPARTMENT.• Land Management Coordination Bay to Sound Trails Pipes Cove Preserve Expansion Plan RESOLVED that the Town Board approves the Bay to Sound Trails Pipes Cove Preserve Expansion Plan and adds it to the Town's open sace project list. =date"Record'=Rcsolution•R)CS=2021=534w .,,�; :�. `.�;,��i;�' ��=a��y:�,.yv vP�=��'�� x~;'s�.�°'"� <<�m , 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Sarah E Nappa Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt James Dmizio Jr Voter ❑ ❑ ❑ 0 ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ( ❑ ❑ Rescinded Robert Ghosio Secondee` 0 ❑ ❑ I ❑ ❑ Town Clerk's Appt Louisa P Evans Mover RI ❑ ❑ ; ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2021-535 CATEGORY.• Special Events DEPARTMENT. Town Attorney Special Events Laurel Lake Vineyard 2021-32 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Christopher Richards, East End Events Catering to hold Special Event 2021-32 at the Laurel Lake Vineyard, 3165 Main Road, Laurel,New York as applied for in Application LLV5a-f for six (6) wine and food pairing events: July 9, July 10, July 11, July 16, July 17, July 18, 2021 from 12:00 PM to 6:00 PM. Provided the permittee adheres to the following condition: Southold Town Board Regular Meeting June 29, 2021 page 16 Construction areas must be made off-limits to attendees of the special events. Parking,portable bathroom trailers, tents and other areas where the public and/or attendees will be parking, walking or gathering must be safely separated from the construction area. And furthermore they adhere to conditions on the application, permit and to the Town of Southold Policy for Special Events.This permit is subject to revocation if the applicant fails to comply with any of the conditions of the approval or is unable to properly control traffic flow into and out of the event. ✓Vote Record-Resolution RES-2021=535 0 Adopted ❑ Adopted as Amended El Defeated —�----- Yes/Ayc No/Nay Abstain Absent ❑ Tabled -- -- - -- -- ❑ Withdrawn Sarah E Nappa Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter ❑ ❑ ❑ 0 ❑ Tax Receiver's Appt Jill Doherty r Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert GhosioMover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ( ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ( ❑ ❑ No Action ❑ Lost 2021-536 CATEGORY.• Budget Modification DEPARTMENT: Police Dept 2021 Budget Modification-Police Department Financial Impact: Reimbursement from Integon National Insurance Co ref. MVA 21-006360 Asset #5006 RESOLVED that the Town Board of the Town of Southold hereby modifies the 2021 General Fund Whole Town budget as follows: Increase Revenues: A.2680.00 Insurance Recoveries $6,375.24 Total $6,375.24 Increase Expenditures: A.3120.4.400.650 Police/Vehicle Maintenance $6.375.24 Total $6,375.24 ✓Vote Record-Resolution RES-2021-536 0 Adopted - ❑ Adopted as Amended — Yes/ANe No/Na\ Abstain Absent __ _ ❑ Detected Sarah E Nappa Mover 0 ❑ ❑ ❑ 0 Tabled lames Dmizio Ir Voter 0 ❑ 0 0 Southold Town Board Regular Meeting June 29, 2021 page 17 ❑ Withdrawn Jill Doherty ( Voter Q ❑ ❑ } ❑ ❑ Supervisor's Appt Robert Ghosio Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Seconder Q ❑ ❑ { ❑ ❑ Rescinded Scott A Russell Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hawys Appt ❑ No Action ❑ Lost 2021-537 CATEGORY.• Contracts,Lease&Agreements DEPARTMENT: Recreation Hire Summer 2021 Recreation Program Instructors Financial Impact: Contracts for Summer Resolved that the Town Board of the Town of Southold authorize and direct Supervisor Scott A. Russell to execute an agreement with the following individuals and businesses for the Summer 2021 Recreation programs, all in accordance with the approval of the town attorney. Funding for the instructors listed below has been budgeted for in the Recreation Department's 2021 instructor line A.7020.4.500.420. Kyleen Vernon (Irish Step Dance) $30/hour ✓,Votc'Record RcsolutionRES=3021-537 z� Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain i Absent ❑ Tabled --- --— - — — - -- - ❑ Withdrawn Sarah E.Nappa Voter Q ❑ ❑ 1 ❑ El Supervisor's Appt James Dimzio Jr Voter ❑ ❑ ❑ ; Q ❑ Tax Receiver's Appt Jill Doherty Mover Q ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter Q El El ❑ Town Clerk's Appt Louisa P Evans Seconder, Q ❑ ❑ ❑ ❑ Supt Hawys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2021-538 CATEGORY.• Budget Modification DEPARTMENT: Trustees 2021 Budget Modification- Trustees Financial Impact: Rellocation offunds to cover overexpended budget line due to an increase in the monthly Legal Noticing fees. Southold Town Board Regular Meeting June 29, 2021 page 18 RESOLVED that the Town Board of the Town of Southold hereby modifies the 2021 General Fund Whole Town Budget as follows: From A.8090.4.100.650 Contractual Expenses/Shellfish Advisory $4,750.00 Total $4,750.00 To: A.8090.4.600.100 Miscellaneous/Legal Notices $4,750.00 Total $4,750.00 ,,'Vote Record-Resolution RE8=2021-538' 0 Adopted ❑ Adopted as Amended ❑ Defeated - - - -- --- -- - - - - -- Yes/Aye No/Nay Abstain Absent El Tabled - ❑ Withdrawn Sarah E Nappa Voter 10 ❑ ❑ ❑ ❑ Supervisor's Appt James Dimzio Jr i Voter ❑ El � � � ❑ Tax Receiver's Appt Jill Doherty j Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio j Seconder 0 ❑ ❑� ❑� ❑ Town Clerk's Appt Louisa P.Evans I Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ( ❑ ❑ No Action ❑ Lost 2021-539 CATEGORY.- Contracts,Lease &Agreements DEPARTMENT. Engineering Change Order #1 -Fishers Island Sidewalk Ihnprovements Financial lbnpact- 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 41 to the contract for the Fishers Island Sidewalk Improvements with Mattern Construction, Inc. in the net amount of$5,282.25,pursuant to their proposal dated June 14, 2021, subject to the approval of the Town Attorney. Vote Record-Resolution RES-2021-539 0 Adopted - — - - - 1"es/Ave -No/Nay Abstain -Absent ❑ Adopted as Amended ❑ Defeated Sarah E Nappa Voter Rl ❑ ❑ �� ❑ ❑ Tabled James Dmizio Jr Voter ❑ ❑ ❑ 0 ❑ Withdrawn Jill Doherty Voter 0 ❑ - ❑ I_ 0 - ❑ Supervisor's Appt Robert Ghosio Mover 0 ❑ ❑ i ❑ ❑ Tax Receiver's Appt Louisa P Evans Seconder 0 ❑ ❑ j ❑ ❑ Rescinded Scott A Russell Voter 0 11 ❑ f 0 Southold Town Board Regular Meeting June 29, 2021 page 19 ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2021-540 CATEGORY.• Budget Modification DEPARTMENT: Solid Waste Management District 2021 Budget Modification: SWMD Financial Impact: To cover purchase of hammers and to replenish line. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2021 Solid Waste Management District budget as follows: From SR 8160.4.500.100 NYSDEC Env. Monitor $7,500 Total $7,500 To: SR 8160.4.100.597 Maint/Supply Morbark Grinder $7,500 Total $7,500 ✓.,Vo0 ecard'-Resolution"RES=2021-540,` Vx" 121 Adopted ❑ Adopted as Amended ❑ Defeated _Yes/Ayeu No/Nav Abstain i Absent ❑ Tabled El Withdrawn Sarah E Nappa ( Mover o �❑ ❑ j ❑ James Dmizio Jr ! Voter ❑ ❑ ❑ D ❑ Supervisor's Appt ❑ Tax Receiver's Appt Jill Doherty i Seconder RI ❑ ❑ j ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans ! Voter D ❑ ❑ ❑ El Supt Hgwys Appt Scott A Russell Voter 13 LI ❑ ; ❑ ❑ No Action ❑ Lost 2021-541 CATEGORY: Contracts, Lease&Agreements DEPARTMENT.• Accounting Authorize Supervisor to Accept ARPA Funding Financial Impact:Authorize Supervisor to accept ARPA funding Southold Town Board Regular Meeting June 29, 2021 page 20 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute documents required to accept the Town's available Non Entitlement Unit ARPA Coronavirus Local Fiscal Recovery Funds subject to the approval of the Town Attorney. ✓Vote Reco'r`d-Resolution RES-2021`-541 0 Adopted ❑ Adopted as Amended ❑ Defeated -— --- - - - ------- --- - - --- 1 es/Aye No/Nay Abstain Absent ❑ Tabled ----. --- ----.-- -- Sarah E Nappa Voter ❑ Withdrawn 0 ❑ ❑ ❑ El Supervisor's Appt James Dimzio Jr Voter ❑ ❑ ❑ D Jill Doherty Mover ❑ Tax Receiver's Appt 0 ❑ ❑ ❑ El Rescinded Robert Ghosio � Voter D ❑ ❑ � El ❑ Town Clerk's Appt Louisa P Evans { Seconder ❑ ❑ ❑ i ❑ ❑ Supt Hgwys Appt Scott A Russell Voter d ❑ ❑ ❑ ❑ No Action ❑ Lost 2021-542 CATEGORY.• Employment-Town DEPARTMENT. Accounting Appoint Michael Anasagasti Sanitation Site Crew Leader RESOLVED that the Town Board of the Town of Southold hereby appoints Michael Anasal4asti to the position of Sanitation Site Crew Leader for the Solid Waste District, effective July 1, 2021, at a rate of$36.2631 per hour. ✓Vote Record-Resolution RES-2021-542 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled - -—- -- - ❑ Withdrawn Sarah E Nappa Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter ❑ ❑ ❑ 0 El Tax Receiver's Appt till Doherty Voter D ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder, 0 ❑ ❑ ❑ ❑ Town Clerk's Appt LOnisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2021-543 CATEGORY.• Refund DEPARTMENT. Town Clerk Southold Town Board Regular Meeting June 29, 2021 page 21 Refund Parking Permit Fee RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund in the amount of$10.00 to Russell W. Harvey, 441 Seventh Street Greenport,NY 11944 for a Beach Parking Permit that was purchased in error. ✓'VbteReco`d=Resolatibn RES-2021=543" 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Sarah E Nappa Voter 0 ❑ ❑ 1 ❑ ❑ Supervisor's Appt James Dmizio Jr Voter ❑ ❑ ❑ 1 0 ❑ Tax Receiver's Appt Jill Doherty i Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosto Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Acton - _--------- --- --- ❑ Lost 2021-544 CATEGORY.• Refund DEPARTMENT.• Town Clerk Refund Beach Permits/Disposal Permits RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund to the following individuals for a Non-Resident Beach Parking Permit: Edward W. Tuomey $350.00 116 Second Street PO Box 277 S. James ort,NY 11970 -✓Vote Record-Res61Ut"iO6MES-20217594 0 Adopted ❑ Adopted as Amended ❑ Defeated —--- - --- - - - t --- --- Yes/Aye No/Nay Abstain I Absent ❑ Tabled _ ❑ Withdrawn Sarah E Nappa ' Mover 0 ❑ ❑ ❑ James Dmizio Jr Voter ❑ ❑ ❑ 0 El Supervisor's Appt Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt ❑ Rescinded Robert Ghosio ' Voter 0 ❑ ❑ y ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ 1 ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ j ❑ ❑ No Action ❑ Lost Southold Town Board Regular Meeting June 29, 2021 page 22 2021-545 CATEGORY.• Property Usage DEPARTMENT. Recreation Field Use-North Fork Osprey Hamptons Collegiate Baseball Clinic RESOLVED that the Town Board of the Town of Southold hereby grants permission to Hamptons Collegiate Baseball to use the baseball field at Cochran Park for a youth baseball clinic fundraiser for the team, beginning July 12 and ending July 16 from 9:00 am to 12:00pm. Applicant has filed a Two Million Dollar Certificate of Insurance with the Town Clerk, naming the Town of Southold as additional insured. Fees for use of field will be charged according to the fee schedule as a Tier 3. -/-Vote Record=Resolution RES-2021-545 0 Adopted ❑ Adopted as Amended ElDefeated - - - - - --------� --------------------------- -------------------------------------- Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Sarah E.Nappa Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt lames Dmizio Jr voter ❑ ❑ ❑ 0 ❑ Tax Receiver's Appt Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio I Voter 0 ❑ If ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2021-546 CATEGORY. Local Law Public Hearing DEPARTMENT.• Town Attorney PH 8/10 7.00 Pm LL Chapter 260 Stop Sign WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 29t1i day of June, 2021, a Local Law entitled "A Local Law in relation to Amendments to Chanter 260, Vehicles and Traffic, in connection with Traffic and Pedestrian Safetv" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the 10th day of August, 2021 at 7:01 p.m. at which time all interested persons will be given an opportunity to be heard. Southold Town Board Regular Meeting June 29, 2021 page 23 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. Vofe,Reeoed-7,,iesotution RE 2021-546`° 10 Adopted ❑ Adopted as Amended ❑ Defeated -- --- --- - -- ----------- -- ---- -- Yes/Aye No/Nay Abstain Absent ❑ Tabled _ ❑ Withdrawn Sarah E Nappa Voter M ❑ ❑ �� ❑ ❑ Supervisor's Appt James Dmizio Ir Voter -❑ ❑ ❑ �� D ❑ Tax Receiver's Appt Jill Doherty Voter ❑ ❑ ❑ ❑ - ❑ Rescinded Robert Ghosio Seconder 0 ❑ ❑ j ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ j ❑ ❑ Supt Hgwys Appt Scott A Russell Voter ❑ ❑ ❑ ❑ ❑ No Action ❑ Lost - - - -- - -- - - - -- - - - -- 2021-547 CATEGORY.- Contracts, Lease& Agreements DEPARTMENT. Town Attorney Southold Town Board Regular Meeting June 29, 2021 page 24 Stony Brook University Agreement Solid Waste Research Financial Impact. Municipal Solid Waste Research Project RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an agreement with the Stony Brook University to authorize the Stony Brook University's Department of Technology and Society to conduct a Municipal Solid Waste Research Project at the Southold Transfer Station, all in accordance with the approval of the Town Attorney. ✓Vote Record-Resolution RES-2021-547 - - - 0 Adopted ❑ Adopted as Amended ❑ Defeated ------— ------ - ------ ( - — ----- -----— --- -- - - I Yes/Aye No/Nay Abstain ❑ Tabled Absent ❑ Withdrawn Sarah E Nappa Voter ❑ ❑ ❑ James Dmizio Jr Voter ❑ ❑ ❑! �^ D ❑ Supervisor's Appt ❑ Tax Receiver's Appt Lill Doherty Voter � El ❑ � ❑ ❑ Rescinded Robert Ghosio Mover D ❑ ❑ El ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2021-548 CATEGORY• Advertise DEPARTMENT. Town Clerk Advertise for SLDC Member RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk's office to re-advertise for a member of the Southold Local Development Corporation Board of Directors. ✓Vote Record-Resolution RES-2021-548' 0 Adopted ❑ Adopted as Amended ❑ Defeated - Yes/Aye No/Nay Abstain li Absent ❑ Tabled -- -- El Withdrawn Sarah E Nappa Mover 0 ❑ 11 El Supervisor's Appt James Dmizio Jr � Voter ❑ ❑ ❑ 0 ❑ Tax Receiver's Appt Jill Doherty i Seconder 0 ❑ 11 ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ElSupt 1lgwys Appt Scott A Russell Voter D ❑ ❑ ❑ ❑ No Action 0 Lost Southold Town Board Regular Meeting June 29, 2021 page 25 2021-549 CATEGORY. Ratify Fishers Island Reso. DEPARTMENT.• Fishers Island Ferry District FIFD 6/21/21 Meeting Resolution Ratifications RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolutions of the Fishers Island Ferry District Board of Commissioners dated June 21, 2021 meetings, as follows: FIFD Resolution# Regarding 2021 - 101 Accounting 2021 - 102 Legal/Pro Services 2021 - 103 Settlement ✓Vote Record:-Resoludoo R)ES,2021 El Adopted ❑ Adopted as Amended ❑ Defeated --- --- - - ------- I ---------Y------------- --------�--__-------- 1 es/Aye No/Nay Abstain Absent ❑ Tabled -- --- -- - - - ❑ Withdrawn Sarah E Nappa Voter 0 ❑ ❑ ❑ 11 Supervisor's Appt James Dmizio Jr ; Voter 11 ❑ � ❑ ❑ Tax Receiver's Appt Jill Doherty I Mover Q ❑ ❑ ( ❑ ❑ Rescinded Robert Ghosio ( Voter Q ❑ ❑ ( ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder ❑ ❑ ❑ j ❑ ❑ Supt Hgwys Appt Scott A Russell ; Voter Rl ❑ ❑ j ❑ ❑ No Action ❑ Lost 2021-550 CATEGORY.• Committee Appointment DEPARTMENT: Town Clerk Fishers Island Liaison to Land Preservation Committee RESOLVED that the Town Board of the Town of Southold hereby appoints Robert Miller to the position of Liaison to the Town of Southold Land Preservation Committee for a three (3) year term to expire on March 31, 2024. �,%vofe Record,-Resolution,RlS-2021;5.50' • r 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Sarah E Nappa Voter —_ 0 ❑ ❑ ❑ 0 Defeated -lames Dimzio Ir Voter ❑ 11 ❑ 2 Southold Town Board Regular Meeting June 29, 2021 page 26 ❑ Tabled Jill Doherty ( Voter 0 ❑ ❑ ❑ ❑ Withdrawn Robert Ghosto Seconder 0 ❑ ❑ ❑ ❑ Supervisor's Appi Louisa P Evans ( Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2021-551 CATEGORY.• Contracts, Lease&Agreements DEPARTMENT: Town Attorney Appoint Special Counsel Devitt Spellman Barrett, LLP ZBA Financial Impact: Legal RESOLVED that the Town Board of the Town of Southold hereby authorizes the Town Attorney to retain Devitt Spellman Barrett, LLP. as Special Counsel to represent the Southold Town Zoning Board of Appeals, in an action in Supreme Court, Suffolk County, in the matter of the Application of Petra Benic and Vincent Benic. Vote Record-Resolution RES-2021-551,, 0 Adopted ❑ Adopted as Amended ❑ Defeated - - -- --- - -- -- ---- - J — Yes/Aye No/Nay Abstain ! Absent ❑ Tabled - -----------�--- -- - - --- -- - - ❑ Withdrawn Sarah E Nappa Voter 0 El ❑ ❑ ❑ Supervisor's Appt .lames Dinizio Jr Voter ❑ ❑ ❑ 0 ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ! ❑ ❑ Rescinded Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ; El ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2021-553 CATEGORY• Committee Appointment DEPARTMENT: Town Clerk Appoint Representative to SC Gabreski Comm Advisory Board RESOLVED the Town Board of the Town of Southold hereby appoints James Undenvood as the Town of Southold Representative to the Suffolk County Gabreski Community Advisory Board. Southold Town Board Regular Meeting June 29, 2021 page 27 71 Vote Record'=,Resolutiq'n RE.S'4021-553 Rl Adopted 0 Adopted as Amended 0 Defeated 11 Tabled Ye s/Aye N o/Nay Abstain j Absent 0 Withdrawn Sarah E Nappa Voter IZI 0 0 0 James Dinizio Jr Voter El L1 0 z 0 Supervisor's Appt — Jill Doherty Mover z 0 0 0 El Tax Receiver's Appt Robert Ghosio L1 Rescinded Voter 0 0 El El • Town Clerk's Appt Louisa P Evans Seconder 0 0 0 i Ii • Supt Hgwys Appt Scott A Russell Voter 0 0 0 El 0 No Action El Lost 2021-554 CATEGORY.- Committee Appointment DEPARTMENT. Town Clerk Appoint Transportation Committee Co-Chairmen RESOLVED the Town Board of the Town of Southold hereby appoints the following, individuals as Co-Chairmen of the Town of Southold Transportation Committee: Mary Miranda (Randy) Wade Charles Gueli V,'Voti,,R6eqJrd-Resqluti6n-RES-2021"-554 4" 0 Adopted 0 Adopted as Amended 0 Defeated • Tabled Yes/Aye No/Nay Abstain Absent • Withdrawn Sarah E Nappa Voter RI 0 0 El • Supervisor's Appt James Dinizio Jr —j Voter—; El El 0 z Jill Dohcrtv Voter 19 El 0 0 El Tax Receiver's Appt • Rescinded Robert Ghosio _FSeconder lZ 0 El I 0 • Town Clerk's Appt Louisa P Evans Mover z 0 0 0 • Supt Hgwys Appt Scott A Russell Voter El 0 El No Action 0 Lost 2021-555 CATEGORY.• Misc. Public Hearing DEPARTMENT. Town Attorney PH71279:01Ain Callander Coastal Erosion Southold Town Board Regular Meeting June 29, 2021 page 28 RESOLVED the Town Board of the Town of Southold hereby sets Tuesday, July 27, 2021 at 9:01 AM. at the Southold Town Meeting Hall, 53095 Main Road, Southold,New York as the time and place for a public hearing upon the Coastal Erosion Hazard Board of Review Appeal of Elizabeth Callander which seeks relief from Chapter 111, Section I I I A I C and Chapterl 11-6 to construct to constructs 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 rails and three new tie-off piles, waterward of the apparent high water line; with the condition of the use of thru-flow decking on the entire dock; and as depicted on the site plan prepared by Docko, Inc., dated December 12, 2018; within a near shore area in a Coastal Erosion Hazard Area located on property on parcel SCTM# 1000- 3- 2- 6 off 12244 East Main Road, Fishers Island , New York, and directs the Town Clerk to publish notice of such appeal in the Suffolk Times newspaper not less than ten (10) days nor more than thirty (3 0) days prior to such hearing and to notify the applicant by first class mail. ✓VoWRecord-Resolution RES-2021-555 0 Adopted ❑ Adopted as Amended ❑ Defeated ----- --- - -_-------- -----�------ --- -- --- -- - --- ---- - - - -- Yes/Aye No/Nay Abstain Absent ❑ Tabled El Withdrawn Sarah E Nappa Voter 0 ElEl❑ { James Dmizio JrVoter ❑ El 0 El Supervisor's Appt _ -- —-------- ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ! ❑ ❑ Rescinded Robert Ghosio Mover 0 ❑ ❑ ! ❑T ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ( ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ i `❑ ❑ No Action ❑ Lost 2021-556 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney PH 8/10 7.01 Pm Local Late,Chapter 180 WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 29t1i day of June, 2021, a Local Law entitled "A Local Law in relation to Amendments to Chapter 180, Noise, Prevention of" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road; Southold,New York; on the 10th day of August, 2021 at 7:01 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to an Amendment to Chapter Southold Town Board Regular Meeting June 29, 2021 page 29 180, 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. 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. Southold Town Board Regular Meeting June 29, 2021 page 30 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, rag ss 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 theatg herin ,raking, blowing, and/or removal of leaves, grass or lawn clippings and/or other debris, on any lot, plot or parcel of land. This includes regular maintenance as well as fall and spring clean-ups. NOISE POLLUTION Airborne or amplified sound which: A. Causes temporary or permanent hearing loss in persons exposed; or B. Is otherwise injurious, or tends to be, on the,basis of current information injurious to the public health or welfare; or C. Disturbs a reasonable person of normal sensitivities; D. Exceeds standards or restrictions established herein; or E. Interferes with the comfortable enjoyment of life and property or the conduct of business. The following are deemed to interfere with the comfortable enjoyment of life and property or the conduct of business: (1) Yelling or shouting that disturbs the quiet, comfort or repose of person or persons residing or occupying an adjacent or neighboring property. (2) The using of, operating of or permitting to be played, used or operated, any radio, receiving set, musical instrument, phonograph, television set or other machine or device for the producing or reproducing of airborne or amplified sound in such a manner as to disturb the peace, quiet and comfort of the person or persons residing or occupying an adjacent or neighboring property. PERSON An individual, association, firm, syndicate, company, trust, corporation, department, bureau or agency or any other entity recognized by law as the subject of rights and duties. SOUND-LEVEL METER An instrument for the measurement of noise and sound levels Southold Town Board Regular Meeting June 29, 2021 page 31 including a microphone, amplifier, an output meter and frequency weighting networks which comply with standards established by the American National Standards Institute (ANSI) specifications for sound-level meters. § 180-7 Prohibited noises; evidence of violation. A. Notwithstanding the provisions of sections 180-5 and 180-6 the following acts are declared to be loud, disturbing and unnecessary noises in violation of this chapter: (1) The operation of any gas-powered leaf blower device by commercial landscapers performing commercial landscaping services during the following days and times shall be deemed noise pollution: (a) <https://ecode360.com/36345947> Monday through Friday prior to 8:00 a.m. or after 6:00p m.; or (b) <https:Hecode360.com/36345948> Saturday prior to 9:00 a.m. or after 5:00 p.m.; or (c) <https:Hecode360.com/36345949> Sunday or holidays. In the event of an emergency as determined by the Town Supervisor, or the Supervisor's designee, the restrictions set forth herein may be suspended. § 18048 Exceptions. A. The provisions of§ § 180-5 and 180-6 shall not apply to the following: (1) The intermittent or occasional use between 7:00 a.m. through 9:00 p.m. of homeowner's light residential outdoor equipment with mufflers or commercial service equipment,provided that such activities and such equipment and their use comply with the other provisions hereof. (2) Construction activities between 7:00 a.m. through 7:00 p.m. and the associated use of construction devices or the noise produced thereby,provided that such activities and such equipment and their use comply with the other provisions hereof. (3) Noise from agricultural equipment. (4) Noise from church bells or chimes used. (5) Noise from snowblowers, snow throwers and snowplows when operated with a muffler for the purpose of snow removal. (6) Nonamplified noise generated from lawful athletic or recreational activities, events, or facilities. (7) Nonamplified noise from organized activities sponsored by any school district, private school or fire district or department within the Town of Southold. (8) Noise from municipally sponsored celebrations or events. (9) Noise from lawful fireworks displays, parades, and other charitable and special events held in accordance with all pertinent provisions of the Southold Town Code. (l 0) 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 Southold Town Board Regular Meeting June 29, 2021 page 32 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. § 180-110 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 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-2021-5,556 0 Adopted - -- - —i - p Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended - ❑ Defeated Sarah E Nappa Mover 0 ❑ ❑ ❑ 11 Tabled James Dmtzio Jr Voter ❑ ❑ Eli 0 ❑ Withdrawn Jill Doherty Voter 0 ❑ El ❑ Supervisor's Appt Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Seconder 0 ❑ El 11 ❑ Rescinded Scott A Russell Voter D 0 0 0 Southold Town Board Regular Meeting June 29, 2021 page 33 ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2021-557 CATEGORY.• Enact Local Law DEPARTMENT. Town Clerk Enact LL Chapter 189 Parking WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 1 st day of June, 2021, a Local Law entitled "A Local Law in relation to Amendments to Chapter 189 Parking."And WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to an Amendment to Chapter 189 Parking" reads as follows: LOCAL LAW NO. 10 of 2021 A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 189 Parking". BE IT ENACTED by the Town Board of the Town of Southold as follows: § 189-4 Designation of parking areas on Fishers Island. [Added 5-31-1994 by L.L. No. 11-19941 A. The use of v aee Point recreational areas on Fishers Island by persons other than residents has increased to such an extent that such area has become overcrowded with the result that residents are denied the use thereof. The Town Board therefore declares it to be policy of the Town of Southold to restrict and regulate the parking of vehicles at Race Point, leeatea at the suthwes*o,..,m est tip of Fishers island recreational facilities. [Amended 11-1-1994 by L.L. No. 24-1994] B. No person shall park any type of vehicle in any parking area designated here in this section as a "Parking by Permit Only" area unless such vehicle displays a valid parking permit duly issued for such vehicle in accordance with the provisions of Subsection D. In addition to the areas listed in Subsection A above, the following areas of Fishers Island are designated "Parking by Permit Only": [Amended 4-8-2008 by L.L. No. 2-2008] Southold Town Board Regular Meeting June 29, 2021 page 34 Street Side Hours Location Greenwood Avenue East 6:00 p.m. to 6:00 a.m., On Fishers Island, the from and including entirety of the easterly side Memorial Day through of Greenwood Avenue and including Labor Day C. The Town of Southold will erect and maintain a sign at each designated location indicating "Parking by Permit only." D. Parking permits for any vehicles in the parking areas designated on Fishers Island shall be issued as follows: (1) Resident parking permit. (a) A resident parking permit shall be issued by a Fishers Island designee of the Southold Town Clerk to all persons who are qualified residents of the Town of Southold. Persons applying for a resident parking permit shall present for inspection the following proof of residency: a valid tax receipt stub for the current year for any taxable real property within the Town of Southold assessed in the name of the applicant, or a valid motor vehicle registration in the name of the applicant at an address located within the Town of Southold, or such other proof of residence as is satisfactory to the designee. (b) Upon determination by the designee that the applicant is a qualified resident of the Town, and upon payment of a fee, previously determined by Town Board resolution, a resident parking permit shall be issued and inscribed with the vehicle license registration number. Such permit shall be affixed to the right front bumper and shall not be transferred to any other vehicle. (2) Lessee parking permit. (a) A lessee parking permit shall be issued by the Fishers Island designee to all persons who lease or rent property within the Town of Southold but do not qualify as residents defined in Subsection D(1). Persons applying for a lessee parking permit shall indicate the location of leased or rented property, the persons occupying the same and the term of tenancy and must present to the designee as proof of tenancy verification from the property owner or managing realtor. (b) Upon determination by the designee that the applicant is entitled to a lessee parking permit, and upon payment of the fee, such permit shall be issued and inscribed with the vehicle license registration number and shall be affixed to the right front bumper and shall not be transferred to any other vehicle. (3) A guest parking permit shall be issued by the Fishers Island designee to all persons who are qualified for residential or lessee parking permits as defined in Subsection D(1) and (2) hereof for use by guests temporarily residing in the dwelling of such resident or lessee. The resident or lessee applying for a guest parking permit shall indicate the location of property to be occupied by the guest, the names of the guests and the length of time and guest occupancy. The guest Southold Town Board Regular Meeting June 29, 2021 page 35 parking permit shall be displayed in the right front dashboard area of the vehicle, shall not be transferred to any other vehicle and shall be valid during guest occupancy only. E. The followingbeach each parking areas are hereby designated as Town of Southold "No Overnight Parking" areas: (1) Parking Lot at "Dock Beach" located on Fishers Island E F. Any vehicle parked in violation of the provisions of this section or any other law, ordinance, rule, regulation or resolution may be removed or be caused to be removed by the Fishers Island Constables or the New York State Troopers. III. SEVERABILITY If any clause, sentence,paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Vote;Recd'rd�,$esol`ntion RES-2021=559" Q Adopted ❑ Adopted as Amended ❑ Defeated - - ---- - — --- ❑ Tabled -- Yes/Aye No/Nay Abstain I Absent ❑ Withdrawn Sarah E Nappa ! Voter Q ❑ El _ �__� ❑ Supervisor's Appt James Dmizio Jr 1 Voter El ❑ ❑ Q ❑ Tax Receiver's Appt Jill Doherty Voter Q ❑ ❑ ❑ ❑ Rescinded Robert Ghosio j Seconder Q ❑- El ❑ ❑ Town Clerk's Appt Louisa P.Evans Mover RI ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost Motion To: Motion to recess to Public Hearing RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed at 4:53 PM in order to hold a public hearing. Southold Town Board Regular Meeting June 29, 2021 page 36 RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Robert Ghosio, Councilman AYES: Nappa, Doherty, Ghosio, Evans, Russell ABSENT: James Dinizio Jr VI. Public Hearint4s 1. PH 6/29 4:30 LL Chapter 189 Parking COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN,that there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 1 st day of June, 2021, a Local Law entitled "A Local Law in relation to Amendments to Chapter 189 Parking." and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the 29th day of June, 2021 at 4:30 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to an Amendment to Chapter 189 Parking" reads as follows: LOCAL LAW NO. 2021 A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 189 Parking". BE IT ENACTED by the Town Board of the Town of Southold as follows: § 189-4 Designation of parking areas on Fishers Island. [Added 5-31-1994 by L.L. No. 11-1994] A. The use of v aee Point a ^ recreational areas on Fishers Island by persons other than residents has increased to such an extent that such area has become overcrowded with the result that residents are denied the use thereof. The Town Board therefore declares it to be policy of the Town of Southold to restrict and regulate the parking of vehicles at Poon* leeatea at the s *',wesie-n• est tip of Fise fs�recreational facilities. [Amended 11-1-1994 by L.L. No. 24-1994] B. No person shall park any type of vehicle in any parking area designated here in this section as a "Parking by Permit Only" area unless such vehicle displays a valid parking permit duly issued for such vehicle in accordance with the provisions of Subsection D. In addition to the areas listed in Subsection A above, the following areas of Fishers Island are designated "Parking by Permit Only": [Amended 4-8-2008 by L.L. No. 2-2008] Street Side Hours Location Greenwood Avenue East 6:00 p.m. to 6:00 a.m., On Fishers Island, the Southold Town Board Regular Meeting June 29, 2021 page 37 from and including entirety of the easterly side Memorial Day through of Greenwood Avenue and including Labor Day C. The Town of Southold will erect and maintain a sign at each designated location indicating "Parking by Permit only." D. Parking permits for any vehicles in the parking areas designated on Fishers Island shall be issued as follows: (1) Resident parking permit. (a) A resident parking permit shall be issued by a Fishers Island designee of the Southold Town Clerk to all persons who are qualified residents of the Town of Southold. Persons applying for a resident parking permit shall present for inspection the following proof of residency: a valid tax receipt stub for the current year for any taxable real property within the Town of Southold assessed in the name of the applicant, or a valid motor vehicle registration in the name of the applicant at an address located within the Town of Southold, or such other proof of residence as is satisfactory to the designee. (b) Upon determination by the designee that the applicant is a qualified resident of the Town, and upon payment of a fee, previously determined by Town Board resolution, a resident parking permit shall be issued and inscribed with the vehicle license registration number. Such permit shall be affixed to the right front bumper and shall not be transferred to any other vehicle. (2) Lessee parking permit. (a) A lessee parking permit shall be issued by the Fishers Island designee to all persons who lease or rent property within the Town of Southold but do not qualify as residents defined in Subsection D(1). Persons applying for a lessee parking permit shall indicate the location of leased or rented property, the persons occupying the same and the term of tenancy and must present to the designee as proof of tenancy verification from the property owner or managing realtor. (b) Upon determination by the designee that the applicant is entitled to a lessee parking permit, and upon payment of the fee, such permit shall be issued and inscribed with the vehicle license registration number and shall be affixed to the right front bumper and shall not be transferred to any other vehicle. (3) A guest parking permit shall be issued by the Fishers Island designee to all persons who are qualified for residential or lessee parking permits as defined in Subsection D(1) and (2) hereof for use by guests temporarily residing in the dwelling of such resident or lessee. The resident or lessee applying for a guest parking permit shall indicate the location of property to be occupied by the guest, the names of the guests and the length of time and guest occupancy. The guest parking permit shall be displayed in the right front dashboard area of the vehicle, shall not be transferred to any other vehicle and shall be valid during guest Southold Town Board Regular Meeting June 29, 2021 page 38 occupancy only. E. The following beach parking areas are hereby designated as Town of Southold "No Overnight Parking" areas: (1) Parking Lot at "Dock Beach" located on Fishers Island Any vehicle parked in violation of the provisions of this section or any other law, ordinance, rule, regulation or resolution may be removed or be caused to be removed by the Fishers Island Constables or the New York State Troopers. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. I have a copy of the legal notice and notarized affidavit that this was posted by the Town Clerk on the Town Clerk's bulletin board and the town website and in the Suffolk Times. That is all I have. SUPERVISOR RUSSELL: Would anyone like to address the Town Board on this particular local law? (No response) RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Nappa, Doherty, Ghosio, Evans, Russell ABSENT: James Dinizio Jr Closing Comments Supervisor Russell SUPERVISOR RUSSELL: Would anyone like to address the Town Board on any item? Robert Dunn ROBERT DUNN: I don't know if you are aware of(inaudible). The two highlighted areas are the areas I have been talking about, I am assuming you all got the email that I sent out to you last week with pictures. Would anyone debate that that's a blind corner. COUNCILWOMAN DOHERTY: I see what you mean by the pictures, I physically have not gone down there. I can't say until I actually go down there because pictures are different than physically seeing. COUNCILMAN GHOSIO: I did go down there, what do you mean by blind corner? Southold Town Board Regular Meeting June 29, 2021 page 39 MR. DUNN: When you drive down the block, you can't see cars coming down the other street. When you drive down Mill Lane, you cannot see cars coming, you cannot see kids coming down Sound Avenue and if you drive down Sound Avenue, you can't see kids coming up Mill Road. COUNCILWOMAN DOHERTY: Is there a stop sign at that corner? MR. DUNN: No. And as a matter of fact, while I was sitting working for the town this weekend, I noticed several people just roll thru it. There's no stop sign there,there should be. But the bottom line, if there's a stop sign there or not, as you approach the corner, you cannot see a short person on the other side. You can't. I don't want to get into anything personal again, I did last week and I am finished with that, I am disgusted with this whole thing. With the stress and discomfort in my house for months but I am just tired of the thing, I need an answer from the Board. I heard from your attorney last week, he suggested that, and I am not questioning him, he is entitled to his opinion but I wanted to know what was the opinion of the Board, that we shouldn't prosecute or go after encroaching because a lot of people encroach on town property and if that was the case, then we shouldn't go after traffic violators because a lot of people speed. So I would like to get some feedback from the Board, not from the attorney, from the Board. How do you feel about that? Should we just carte blanche allow encroachment because a lot of people do it. And I don't want to put this just on you Scott. SUPERVISOR RUSSELL: I will be happy to answer, I think it has to be on a case by case basis. There are some encroachments that are so egregious that you have no choice but to take action as a board. As you know, I met you on site... MR. DUNN: I mentioned that last week, that you were there twice. You have been fully supportive, at least responsive. SUPERVISOR RUSSELL: A willingness to listen. I have to be honest, when I first went out there, I agreed that that bush line should be moved back, no farther than the telephone poles even though telephone poles are presumably in a public right of way, I think it is not unreasonable to allow people to go out to the poles because they generally do, but I have to tell you, I went back, talked to the attorney. I looked at photos from 2012 and there was a tree line that extended beyond the telephone pole. So the issue at this point is, would I rather see the bushes pushed back, yes but we never raised the issue in 2012 and it would be difficult to come by 10 years later and say, okay, now we want to start enforcing and pushing back the.... MR. DUNN: 2012 everything that grew on there, grew on your property.... SUPERVISOR RUSSELL: This photo is beyond the telephone poles. These are the trees that were planted in March, so it's difficult to go out.... MR. DUNN: Those are not, those are not trees that were planted. Those are trees that grew wild on town property. He cut them down. So who gave him permission to cut down town trees? Your lawyers are going to come at me, they better know (inaudible) what they are talking about. Okay? If those were wild trees that grew on town property, the only examples of wild trees that Southold Town Board Regular Meeting June 29, 2021 page 40 are still there and he cut them down and planted landscape trees. So whoever told you that was misleading, like they are trying to mislead me. They are not that smart. COUNCILWOMAN NAPPA: Were those trees on the corner that you were talking about? The blind corner? MR. DUNN: No, those trees were back towards my house. To be very honest, I am happy, in some cases he cut down a lot of trees that weren't on his property (inaudible) but the trees he planted are all on town property. And they create a blind corner. Now if you were going to (inaudible) I wouldn't really care. I am talking about the corner. SUPERVISOR RUSSELL: Just to go back on that, I am certainly no arborist but it looked like the tree line was fairly straight and it... MR. DUNN: Inaudible. SUPERVISOR RUSSELL: Yeah, it was a straight tree line, so I don't know how it got that way, I don't imagine the town would have.... MR. DUNN: No, they are wild trees. The previous owner cleared the property down to that tree line which was actually kind of in line with the wires that everyone goes by, I agree. And they cleared and made it grass. Now a lot of people have cleared them down completely and covered in grass, so there is no issue because there are no blind corners, there's no blind anything. So this is now, I am cutting everything down that belonged to the town and replace it with that I want to, where I want. That's inappropriate. Who gave him permission to cut down town trees? Can anyone cut down town trees? That's a question. COUNCILMAN GHOSIO: I don't think so. MR. DUNN: So this has been wrong from (inaudible), from day one, it's wrong. There is no justification for it and anybody who told you that, that somebody claims it... SUPERVISOR RUSSELL: That was my presumption looking at the photos. That was how they were presented to me, I looked at them and I drew that conclusion. Obviously it was erroneous. But given the, you know, it was so straight and the tree varieties... MR. DUNN: Those are trees that are very rare now. SUPERVISOR RUSSELL: Well, the tree variety looked a little bit different because it looked like there might be (inaudible) MR. DUNN: Inaudible. SUPERVISOR RUSSELL: And one looked like a dogwood. Southold Town Board Regular Meeting June 29, 2021 page 41 MR. DUNN: One was, one was a wild invasive that grew there.... SUPERVISOR RUSSELL: Looked like black pines? MR. DUNN: Inaudible. The kind that are natives, the ones that if you look over on the other side they still grow there, if you look out by the accreted areas, a few of them had started to grow there. They are natural beach environment that were on town property. SUPERVISOR RUSSELL: I don't mean to be argumentative but I am going (inaudible) MR. DUNN: Sorry? SUPERVISOR RUSSELL: Are dogwoods indigenous to Southold Town? COUNCILMAN GHOSIO: They are indigenous to Long Island, they are indigenous in the woods on Long Island. At least as far as I know. SUPERVISOR RUSSELL: Okay. MR. DUNN: None of the landscape trees that are up there now are indigenous,they are landscape trees. What was cut down was either indigenous or what. I mean,there was a locust in there, they are not indigenous,they are invasive, they are everywhere. That grew over time but there were three or four trees that were clearly beach pines from when the whole neighborhood was a beach. SUPERVISOR RUSSELL: Right. MR. DUNN: Okay, so there was another discussion of the time frame of six months, the town attorney said that it's standard stay agreement is six months. I saw a farm stand close, emptied, their lease cancelled in seven days. Nobody gave them six months and I understand why, I totally agree with what happened. I read the promotional stories, it did appear like it was going to be a farm stand and what I am saying is, I read some stories, people made some calls to Mr. Duffy, farmers made calls to you, it was all put together and I don't (inaudible), I am sure somebody went there and told the people what the ramifications of opening were and what the fines might be and they chose to close. SUPERVISOR RUSSELL: Just so you know, that was voluntary, they had every opportunity to apply to the Zoning Board of Appeals... MR. DUNN: Of course. SUPERVISOR RUSSELL: If you apply to the Zoning Board of Appeals, you are not required to close your business as your case is pending. Southold Town Board Regular Meeting June 29, 2021 page 42 MR. DUNN: That was their choice, I truly understand that. But they knew what they were facing. That never happened here. Never. SUPERVISOR RUSSELL: They were never facing anything, you are not in violation if you go to the Zoning Board of Appeals. You are in compliance with the code, the ZBA would eventually decide whether your business model... MR. DUNN: Why do you think they closed? SUPERVISOR RUSSELL: Huh? MR. DUNN: Why do you think they closed? SUPERVISOR RUSSELL: Why do I think they closed? I can't speculate but if you go to the Zoning Board of Appeals, it automatically allows you to stay open and then.... MR. DUNN: They chose to close because it was brought to their attention that it was an issue, so I will just say... SUPERVISOR RUSSELL: I can't speculate, I'm sorry. MR. DUNN: Things can happen quickly or things cannot and to, when it was first brought to the attention of code enforcement, their response was they have to wait 30 days before we can do anything to give them the opportunity to correct it. I fully agree with that. And then two months later, they were given a six months suspension. I just don't understand. Additionally, last week your attorney said it was elevated off the ground and out of the way. On corner lots, all corner lots berms, walls, hedges or any other potential obstruction to vision shall not exceed a height of 2 1/2 feet above the average street level with an isosceles triangle (inaudible) to preserve sight lines with traffic. Nowhere does that even get close to that, nowhere at all. I don't know why somebody would say because it is high up, that it is high up makes it a violation of this code because it's high up wouldn't make it okay. That it is high up would only make it more of a violation. And I can relay those quotes to you. But I want to end this, I don't want to discuss this, I really don't want to discuss this (inaudible) let it play out in this (inaudible) and I just want to hear the Boards' opinion is, I never got it. SUPERVISOR RUSSELL: I gave you mine. MR. DUNN: Okay, does anyone else want to speak up? COUNCILWOMAN DOHERTY: I already did, I said I have to go look at it myself. It's in the courts and the court made a decision and that's......... MR. DUNN: No, the court didn't make a decision, the town made an offer. There is a difference. The court didn't make a decision. Southold Town Board Regular Meeting June 29, 2021 page 43 COUNCILWOMAN DOHERTY: Well, they made a decision about the fence. The person pled guilty and (inaudible). MR. DUNN: But what about the blind corner? COUNCILWOMAN DOHERTY: I have to go look at it. MR. DUNN: Because the neighbor on the other side has also complained now. Mr. Marchese. And he was told last week that the plantings are staying. COUNCILMAN GHOSIO: I went down there and took a look at it. I parked there, it wasn't very long but just to look and get a feel for it,that road, Sound Avenue, at that point is a private road. I, in all honesty,to me it wasn't a blind corner. I've seen worse than that. In fact... MR. DUNN: Inaudible. COUNCILMAN GHOSIO: I'm sorry? MR. DUNN: Inaudible. Yes,there are a lot worse corners. COUNCILMAN GHOSIO: I agree, I understand. To me it, I navigated it without a problem. Now I didn't go down there at night, I don't know what it's like at night maybe it's a problem... MR. DUNN: You've got a (inaudible)tree line. COUNCILMAN GHOSIO: I am not (inaudible).... MR. DUNN: If you were walking down the street or I was walking down the street everybody would clearly see you, coming from either direction. COUNCILMAN GHOSIO: Yes. MR. DUNN: But if you were my three year old grandson, walking along that bush line on Mill Road, somebody coming down Sound Avenue would not see you. That's the bottom line and that's the responsibility the town has taken because the bushes that are on the blind corner are on town property. It is now the town's liability. I will write you a letter and copy Mr. Duffy explaining my position on that so there will be no mistake. I am saying it's the town's liability and if the town allows it to stay there, there's no (inaudible) of that liability. COUNCILWOMAN NAPPA: Would a stop sign at Mill Road help? MR. DUNN: I'm sorry? COUNCILWOMAN NAPPA: Would a stop sign at Mill Road help? Southold Town Board Regular Meeting June 29, 2021 page 44 MR. DUNN: There is a stop sign at Mill Road. I hang it myself. We put one up when the beach is open. No, no, because Mill Road goes into the parking lot. There's not a problem there. It's people coming out of Sound Avenue onto Mill Road. COUNCILWOMAN DOHERTY: Maybe your association could put up stop sign up. That's the problem for us, we don't have jurisdiction on that road. MR. DUNN: There is no association really. It's just Peconic Sound Shores. That's the development but there's never been a legitimate association. COUNCILWOMAN DOHERTY: Inaudible. MR. DUNN: I'm sorry? COUNCILWOMAN DOHERTY: There's another project for you. MR. DUNN: Not for me. I am, my property was part of Peconic Sound Shores development but I don't live in the development. I let them deal with their problems because there's plenty of them, too. COUNCILWOMAN DOHERTY: Well maybe you could suggest to them to put a stop sign there. MR. DUNN: Why can't we just do the right thing and get the damn thing cleared, like it says in our code. COUNCILWOMAN DOHERTY: Well, we would have to...... MR. DUNN: We would have to enforce our code. COUNCILWOMAN DOHERTY: We would have to do surveys to find out exactly where our property line is. SUPERVISOR RUSSELL: Inaudible. JUSTICE EVANS: Inaudible. MR. DUNN: I'm sorry. JUSTICE EVANS: Inaudible. MR. DUNN: That's true. JUSTICE EVANS: Inaudible. Southold Town Board Regular Meeting June 29, 2021 page 45 SUPERVISOR RUSSELL: Look, my issue is I told you, I would rather see the bushes pushed back behind the telephone line, where the telephone poles are and the fence removed immediately. The problem is like I said, from the photos from 2012, 1 can understand why the town wouldn't have had the legal ability to win that type of battle. With reference to the corner, the intersection of private and public roads, I was down there one day, I did not come down on Sound, I wasn't doing a visual, a site view, I was doing the survey with you and everything. I did not see it, I cannot attest to that what I can do is simply say that would be a legal matter for the attorney to handle. I know that is not what you want to hear but I can't sit here and answer legal arguments. MR. DUNN: I am not asking you to answer legal arguments. I am pointing out... SUPERVISOR RUSSELL: A notice of defect. MR. DUNN: A defect on town property. I am telling the board of Southold Town today there exists a blind corner created on your property, why don't you correct it? And you just saying you are leaving it there, you are telling me you are accepting the liability that goes with it, morally and legally. And as far as children walking,that's a community where everybody walks. People let their kids go. That's the nice thing about the community, they can walk to the corner, there's a beach and you don't have to worry. Kids walk 20-30 feet in front of their parents. That's the way it's done there. I don't know how it is done elsewhere, I live there. And people walk with their kids, they walk with their dogs on long leashes. Nobody is going to see a dog. It's a blind corner, we are just setting ourselves up for, and I don't know why everybody is defending this. I don't understand this. Tell me what is right about it. Tell me where anything that has been done there is right and I will say I am sorry, I am stupid and walk out the door but you can't do that because there's not one thing that's been right. Not one thing. Why are the town attorneys defending poor behavior. Why are you now resisting pointing out poor behavior. Somebody planted 85 trees on town property, creating a blind corner and I seem to be dealing with people (inaudible). SUPERVISOR RUSSELL: I am going to reiterate one last time, I think the trees or bushes should be pushed back and they shouldn't extend beyond the telephone pole line, I agree with you 100 percent. Where that to be the case, that blind intersection would have been mitigated also with the fence removal. The problem is, looking at the 2012 google maps, I can understand why the attorneys did not believe they would have had a winnable hand had that been pushed to court because of the tree line that looks rather uniform.... MR. DUNN: The tree line... SUPERVISOR RUSSELL: Inaudible. MR. DUNN: The tree line only went as far as the pole, it did not go to the corner. SUPERVISOR RUSSELL: But the tree line extended beyond the telephone poles. In 2012 survey, this tree line is well beyond. Southold Town Board Regular Meeting June 29, 2021 page 46 MR. DUNN: At the driveway, yes. SUPERVISOR RUSSELL: Yes. It looks so uniform to me, my presumption was that it was... MR. DUNN: That's the corner, out here, there's nothing. SUPERVISOR RUSSELL: Yeah but that's the pole. MR. DUNN: That's the pole. SUPERVISOR RUSSELL: And see the tree line? It looked so uniform, I believed that after a decade we couldn't raise the issue. MR. DUNN: Here's the pole, right here. From that point to the corner is wide open. These trees were not a problem... SUPERVISOR RUSSELL: No but I am saying any encroachments, if this tree line was planted by somebody that really does look like it was, that was my presumption, then we can't go.... MR. DUNN: Along here, that is town property, this is from the town's sickle. So those trees remained out of reach of the town's sickle. SUPERVISOR RUSSELL: I can't, I can only make presumptions based on that. and like I said, I could see why the attorneys felt like they didn't have a strong hand. I have to leave it like that, I am not an attorney, it's still pending in court even though, if I am not mistaken.... MR. DUNN: There. Show me where the tree line is. It ain't there. There are no trees there Scott. Absolutely no trees at that corner. None. Zero. Nada. Those are the trees back there. You know, I appreciate your loyalty to your lawyers but when they are wrong, they're wrong. And it's reasonable for people to be wrong. SUPERVISOR RUSSELL: It's not a question, I have to be candid, it's also not the question of whether the attorneys, it's a question of going on site, looking at it and going out looking at it again and saying this is, there's an encroachment there. We have never done anything to claim the encroachments beyond what would have been egregious and excessive. We never claimed that in the past decade looking at the photos here, it would be difficult to come along now and say wait a moment, we own that bush just out back but I got it; I've spoken too much, it is still technically pending in court, I've spoken too much. I hear you, I went out and I listened to you, I think the bushes should be moved back but I don't see a legal way to accomplish that based on a decade of tree line that had been existing. MR. DUNN: There's no tree line there Scott. Southold Town Board Regular Meeting June 29, 2021 page 47 SUPERVISOR RUSSELL: But from the 2012 photo, there is, the pines that go all the way down to the dogwood. That's an awfully straight line if that was just naturally occurring. MR. DUNN: Because that's where they cleared,they cleared up to it. They didn't want to encroach on town land where the trees were. COUNCILMAN GHOSIO: Inaudible. MR. DUNN: I am not talking about that, inaudible. There's nothing there, nothing. The trees are back here, there's the pole. What about this? There were no trees there, there's trees there now. That's the blind corner. This is the blind corner. I mean this is all on TV, I mean on tape, so you know, if that's your decision, that's your decision. I am not going to argue. It's wrong, it's wrong. They shouldn't be there, we are liable, we shouldn't allow it. COUNCILMAN GHOSIO: What are the options at this point? COUNCILWOMAN NAPPA: Has anyone reached out to the owner about removing the trees (inaudible) the telephone pole and the blind corner? COUNCILMAN GHOSIO: Is it appropriate to discuss any of this at this point? TOWN ATTORNEY DUFFY: Inaudible. MR. DUNN: Can we, do we follow our code,yes or no? SUPERVISOR RUSSELL: What specific section? MR. DUNN: 281-06. Do we follow that? SUPERVISOR RUSSELL: To best of our ability. MR. DUNN: So that means we don't. COUNCILWOMAN DOHERTY: To the best of our ability, we take it case by case and we have our code enforcement and attorneys do the best they can. COUNCILWOMAN NAPPA: The other thing, Soundview Avenue is a private road.... MR. DUNN: It's not Soundview, its Sound. COUNCILWOMAN NAPPA: It says Soundview on this survey. MR. DUNN: Does it? Southold Town Board Regular Meeting June 29, 2021 page 48 COUNCILWOMAN NAPPA: That Sound Avenue is a private road, so that piece of code wouldn't be applicable to that... MR. DUNN: Roads are roads and (inaudible) Mr. Duffy, correct me if I am wrong but code applies on all the roads, not just public roads, correct? TOWN ATTORNEY DUFFY: I wouldn't necessarily agree with that. MR. DUNN: Okay, so you can do whatever you want on a private road? TOWN ATTORNEY DUFFY: It's private property, our code doesn't apply to... MR. DUNN: A private road? COUNCILMAN GHOSIO: But it would apply, if I am not mistaken, this (inaudible) they have to meet the state code for fire .... JUSTICE EVANS: Yes, they have to meet that. COUNCILMAN GHOSIO: Inaudible. MR. DUNN: They don't have to meet safety codes? COUNCILMAN GHOSIO: That's what I am saying, they have to meet, at least I know from what I have dealt with in the past, they have to meet access to emergency vehicles, that's all I know. MR. DUNN: They have to meet code to (inaudible), you couldn't turn a fire truck into that road there. JUSTICE EVANS: Inaudible. MR. DUNN: You couldn't get a fire truck... JUSTICE EVANS: If it's a private road, then it's the people that own that road responsibility (inaudible). MR. DUNN: Okay. I am not going to argue about a private road. What about Mill Road? Mill Road is a public road. What about the Mill Road side of this blind corner that has been created? JUSTICE EVANS: You mentioned that someone else was concerned about this blind corner, do they live on Mill Road? MR. DUNN: They live on Sound Avenue. Southold Town Board Regular Meeting June 29, 2021 page 49 JUSTICE EVANS: Maybe the homeowners can put a stop sign on that road? MR. DUNN: I can't speak for them. I really can't speak for them. It's not my place to speak for them or anybody else for that matter. All I know is there is a safety issue there, I am reporting it to the town, if the town chooses to ignore it, that's.... COUNCILWOMAN NAPPA: I think that... MR. DUNN: Don't tell me there's not a safety issue there. There is. You haven't been there, you admitted that, so you can't say... COUNCILWOMAN DOHERTY: You don't know what I am going to say. MR. DUNN: Huh? COUNCILWOMAN DOHERTY: You don't know what I am going to say, I don't think the issue is whether it's a safety issue or not, it's whether it falls under the code and it's up to the code enforcement and the town attorney's office to make that decision and that's what their job is. And if their opinion is it's not a blind corner and your opinion is it is, so I can't tell because I have not physically been down there. So I think that's the issue now, is the discrepancy of whether it's a blind corner or not. And that's what we have to... MR. DUNN: No, well, there's two things. There's that discrepancy you are right, 100 percent but the second discrepancy is do we allow people to put privacy fences on town property? COUNCILWOMAN NAPPA: The fence is going to be removed. Robert, I will say though, I want to go down and see this corner, between the pole and, I will go down this week and see for myself because I want to see it. JUSTICE EVANS: So it's a blind corner on both Mill Road and Sound Avenue? MR. DUNN: Absolutely. You drive up Mill Road, you can't see that way, you drive down Sound Avenue, you can't see that way. JUSTICE EVANS: Inaudible. MR. DUNN: A stop sign going through the parking lot.... COUNCILWOMAN DOHERTY: A stop sign on the corner before you make a left on Sound or before you go straight. MR. DUNN: That would have a calming influence but it still wouldn't change the blind corner. A blind corner is a blind corner. A stop sign is a stop sign. I mean, I agree it would have a calming effect if everyone observed it but-if somebody slow back like a lot of people do at a stop sign, they still wouldn't be able to see who is over there. Southold Town Board Regular Meeting June 29, 2021 page 50 COUNCILWOMAN NAPPA: Okay, the Transportation Commission is going to have a meeting in a couple of weeks, can I put it on the agenda to discuss a stop sign there? MR. DUNN: You can do whatever you think is right. COUNCILWOMAN NAPPA: Do you think it would be helpful? MR. DUNN: A stop sign wouldn't hurt. I mean, to be honest, I have a stop sign there every Friday, Saturday and Sunday morning, to the parking lot. I take it down, it's a temporary thing. COUNCILWOMAN DOHERTY: But that's further in, that's not where we would... MR. DUNN: No, it's right in the same place. It's right at the entrance to the parking lot. COUNCILWOMAN DOHERTY: It's not at the corner of Mill and Sound, it's at the entrance of the parking lot which is a few feet in. MR. DUNN: Six of one, half dozen of the other, fine. COUNCILWOMAN DOHERTY: What I am saying is, if someone is coming down Mill to go down Sound and you have a stop sign at the beach.... MR. DUNN: Correct. No, you are right. You are right. SUPERVISOR RUSSELL: Can I just make a suggestion Robert? I understand the all the frustration that you have, Councilwoman Nappa will bring this to the Transportation Commission, Councilwoman Doherty will go out on site and I am sure Councilman Ghosio will be happy to, I have been on site but we have to reserve discussion for future but this is a a pending legal action and I think all further discussion should take place in executive session. I listened to you, we all listened to you... MR. DUNN: I finished discussing that, I am finished. But what I am going to discuss is, I've been discussing here and with previously with code enforcement, I have been discussing here, Bill,two months ago he acknowledged bells, wind chimes, I am living with this now for months. Now, I don't know why the farmstand got closed, I assume they were told what the repercussions were or could be and they made a decision fine. Nobody has ever approached this guy regarding the lights he shines in my window for five months, the fine for that is $250 a day, $7500 a month. Nobody has ever done a thing, not one thing. The noise complaints are $500 for the first one, $2,500 for the second one and $2,500 per hour afterwards for a total of$60,000 per day or $180,000 per month. That's been going on for six months. Nobody even approached this guy, what I have had to live with. Just because there are some people who don't know me, I am not some whiny, crying tax payer saying what are you going to do for me. This is a guy who has restored 800 feet of beaches here by myself, this is a guy who three months ago was threatened with arrest for driving on the beach. Until I showed the officer a receipt signed by you to clean Southold Town Board Regular Meeting June 29, 2021 page 51 the beach, where I alone a 74 year old guy made 11 trips carrying 4,500 pounds of waste (inaudible) because you guys (inaudible). Okay, I've cleaned it up for seven years, you know that, you've signed the papers for seven years, so I am not some crybaby and that I am being left to live with this and the town hasn't responded, that's not fair, shame on you town, not on you personally but shame on the Town of Southold,they have let that happen. JUSTICE EVANS: Inaudible. MR. DUNN: Yes I did. Yes, I did. I have not, I have discussed, I am sorry guys, I did not file a complaint regarding the noise itself, I discussed it with two town attorneys. The light complaint was actually discussed with a code enforcement officer and there was an adjustment made but it was nowhere near enough. The person put it back where it was, they have since removed it but there's just, last night there was nine bulbs, nine unshaded bulbs facing my bedroom which are totally against our code. And they are sometimes on for two weeks at a time. Two weeks at a time,round the clock. JUSTICE EVANS: Have you put in another complaint? MR. DUNN: No. Because code enforcement >;old me they weren't going to listen to it. That was his words, I am fiot-lisPtin p th,i w6S,o�If'�ne how in Southold, how does a fella get to enjoy the comforts of his home?'- UNIDENTIFIED: ome?UNIDENTIFIED: Inaudible. MR. DUNN: Who do they answer to? COUNCILMAN GHOSIO: Initially? I believe it's the attorneys office. MR. DUNN: And who does the attorneys office answer to? Okay, do you guys direct the attorneys office to direct code enforcement to take care of this issue? SUPERVISOR RUSSELL: This is the first time I have heard about it, right now. Inaudible. MR. DUNN: I got two foot long chimes under my bedroom window. That's as far as you can get away from this house on the property. Property is square, the house sits close to the beach. You can't get any closer. COUNCILMAN GHOSIO: So rather than being up by the house, it's all the way back by the property line? MR. DUNN: Under my bedroom window. COUNCILWOMAN DOHERTY: And you haven't spoken to him about it at all? Southold Town Board Regular Meeting June 29, 2021 page 52 MR. DUNN: I don't speak to him about anything, the last time I spoke to him was when he called the police and told thein I was driving on the beach and had threatened to kill him. I will never talk to him again. I am not going to get myself involved in that kind of stuff. What more can I say? SUPERVISOR RUSSELL: Inaudible. I don't know what else to say, I'll go out again... MR. DUNN: Any time you want to call me, I am there. SUPERVISOR RUSSELL: Is there any one that would like to address the Town Board on any item of mutual interest, please feel free? (No response) Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 5:36 P.M. Elizabeth A.Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER:Louisa P. Evans, Justice AYES: Nappa, Doherty, Ghosio, Evans, Russell ABSENT: James Dinizio Jr