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Home My WebLink AboutTB-07/27/2021 ELIZABETH A.NEVILLE °gUffD(�C Town Hall, 53095 Main Road TOWN CLERK aoo` ooy PO Box 1179 Southold,NY 11971 REGISTRAR OF VITAL STATISTICS o Fax(631)765-6145 MARRIAGE OFFICER y�ol# �a°� Telephone: (631)765- 1800 RECORDS MANAGEMENT OFFICER southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING July 27, 2021 4:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, July 27, 2021 at the Meeting Hall, Southold,NY. Call to Order 4:30 PM Meeting called to order on July 27, 2021 at Meeting Hall, 53095 Route 25, Southold, NY. tte�deNare " ,� eaar,, �St O�an�ati®ns „ �,� _ Title` afu`s,' ,Arriv''d' 1' - - - ,...�.,. �. Sarah E.Na a Town of Southold v Councilwoman Present James Dinizio Jr Town of Southold Councilman Present Jill Doherty Town of Southold Councilwoman Present Robert Ghosio Town of Southold Councilman Present Louisa P. Evans Town of Southold j Justice Present Scott A. Russell , Town of Southold ` Supervisor Present I. Reports 1. Justice Court Reports II. Public Notice III. Communications IV. Discussion 1. PH 7/27 9:01 Am Callander Coastal Erosion RESULT: CLOSED [UNANIMOUS] MOVER: Robert Ghosio, Councilman SECONDER:Louisa P. Evans, Justice AYES: Nappa, Dinizio Jr, Doherty, Ghosio, Evans, Russell 2. POSTPONED - Town Attorney Southold Town Board Regular Meeting July 27, 2021 page 2 3. 9:45 Am -Jack Slattery, Mike Regan and Jim Abbott 4. EXECUTIVE SESSION - Labor- Matters Involving the Employment/Employment History of a Particular Person(S) 5. EXECUTIVE SESSION - Proposed Acquisition(S), Sale or Lease of Real Property Where Publicity Would Substantially Affect the Value Thereof Opening Comments Supervisor Russell SUPERVISOR RUSSELL: Please rise for the Pledge. Thank you. Would anyone like to address the Town Board on any of the agenda items to please feel free? (No response) V. Resolutions 2021-601 CATEGORY. Audit DEPARTMENT. Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated July 27 2021. ✓Vote Record-Resolution RES-2021-601 10 Adopted ❑ Adopted as Amended ❑ Defeated -- Yes/Aye No/Nay Abstain Absent ❑ Tabled -- - — — ❑ Withdrawn Sarah E Nappa Voter Q ❑ ❑ ❑ ❑ Supervisor's Appt .lames Dmizio Jr Voter d ❑ ❑ ❑ ❑ Tax Receiver's Appt till Doherty j Voter Q ❑ ❑ ❑ j Robert Ghosio Seconder 121 ❑ El ❑ Rescinded ❑ Town Clerk's Appt Louisa P Evans Mover Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell i Voter ❑ ❑ ❑ ❑ No Action ❑ Lost 2021-602 CATEGORY. Set Meeting DEPARTMENT. Town Clerk Se!Next Toti n Board Meeli»g Southold Town Board Regular Meeting July 27, 2021 page 3 RESOLVED that the next Regular Town Board Meeting of the Southold Town Board beheld, Tuesday, August 10 2021 at the Southold Town Hall Southold New York at 7:00 P. M.. °�✓+Vote�'1Reco'�=.Resolution` )�5;=202'1-602�� °� , �, �a� ,`��-'�F;�. ��"�� '�'r "`� Q'Adopted ❑-Adopted as Amended El,,Defeated Yes/Aye No/Nay Abstain Absent ❑, Tabled ❑ Withdrawn Sarah E Nappa Voter Q ❑ ❑_ ❑ James Dimzio Jr f Voter Q 11 ❑ , ❑ ❑�Supervisor's Appt ❑'Tax Receiver's Appt Jill Doherty Voter Q ❑ ❑ { ❑ ❑,Rescinded Robert Ghosio 1 Seconder Q ❑ ❑ f ❑ ❑ 'Town Clerk's Appt Louisa P.Evans l Mover Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2021-603 Tabled 7113120217:00 PM CATEGORY. Enact Local Law DEPARTMENT: Town Clerk Enact LL Chapter 260 Parking Prohibited WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 15t1i day of June, 2021, a Local Law entitled "A Local Law in relation to an Amendment to Chapter 260-8, ParkinjZ prohibited at all times" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law,entitled, "A Local Law in relation to an Amendment to Chapter 260-8, Parkin prohibited at all times" reads as follows: LOCAL LAW NO. 12 2021 A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 260-8, Parking prohibited at all times". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The purpose of this local law is to improve safety for pedestrians and vehicles, as well as dealing with impacts to the public's health, safety and welfare. Southold Town Board Regular Meeting July 27, 2021 page 4 II. Chapter 260 of the Code of the Town of Southold is hereby amended by removing the struck through portions and adding the underlined portions as follows: § 260-8 Parking prohibited at all times. The parking of vehicles is hereby prohibited at all times in any of the following locations and at any other location where signage indicates "no parking": Cedar Beach Road Both From the intersection of Paradise Point Road to its westerly terminus III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. V Vote Record=Resolution RES-20217,603 ° R1 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain { Absent ❑ Tabled --- - - - -- — - - — ❑ Withdrawn Sarah E Nappa ( Mover lZ ❑ ❑ i ❑ El Supervisor's Appt James Dmizio Jr � Voter d El ElI El 11 Tax Receiver's Appt Lill Doherty Voter 0 El El ❑ ❑ Rescinded Robert Ghosio ( Voter D ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans i Seconder D ❑ ❑ ; ❑ ❑ Supt Hgwys Appt Scott A Russell Voter D ❑ ❑ ❑ ❑ No Action ❑ Lost 2021-604 CATEGORY. Frrtla DEPARTMENT. Accounting Gra171 FMLA Leave to a Tmjw Employee RESOLVED that the Town Board of the Town of Southold hereby grants a leave of absence for up to 12 weeks to Employee #4762 effective July 6. 2021 pursuant to the Family Medical Leave Act. Southold Town Board Regular Meeting July 27, 2021 page 5 ,!,Yote Rec6rd'-4661iitf6iii-RES,-201104 121''Adopted 0,Adopted as Amended 11 Defeated ----------- 0 Tabled Yes/Aye No/Na y Abstain Absent • Withdrawn Sarah E Nappa Toter • -Supervisor's Appt James Dmizio Jr Mover El 0 0 El • Tax Receiver's Appt Jill Doherty Seconder 0 11 El El • Rescinded Robert Gliosio Voter 171 0 El 0 • Town Clerk's Appt Louisa P Evans Voter 0 0 0 El • Supt Hgwys Appt Scott A.Russell Voter lZ 0 0 1:1 0 No Action 0 Lost 2021-605 CATEGORY.• Employment-FIFD DEPARTMENT. Accounting Approve Resolution Number 2021-116 RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves Resolution Number 2021-116 of the Fishers Island Ferry District adopted July 6, 2021 which reads as follows: Whereas resolution 2021-094 included an incorrect rate for John Paradis; and Therefore it is RESOLVED to amend Resolution 2021-094 reflecting that Mr. Paradis'wages be increased to$38.65 per hour with effect June 17, 2021. Y,Vote Keidi'd 1`-'Resol utfoif kES-2021,-605 2 Adopted 0 Adopted as Amended E] Defeated Yes/Aye No/Nay Abstain Absent 0 Tabled El Wi.ilidrawn Sarah E Nappa Voter El i El 0 Supervisor's Appt James Dinizio Jr Voter o Jill Doherty Mover 0 Tax Receiver's Appt Ghosiob Robert ❑El Rescinded Voter 0 0 0 El Town Clerk's Appt Louisa P Evans I Seconder 0 El 0 Supt H,wys- ---------4-- 1 Voter 0, El ---❑ El- Appt Scott A Russell 0 No Action 0 Lost 2021-606 CATEGORY. Employment-Town ,I Southold Town Board Regular Meeting July 27, 2021 page 6 DEPARTMENT• Accounting Aiuend Resolution 2021-431 RESOLVED that the Town Board of the Town of Southold hereby amends Resolution Number 2021-431 to read as follows: RESOLVED that the Town Board of the Town of Southold hereby appoints the following 2021 seasonal summer staff for the period June 26 - September 6 pending successful background search and certification completion as follows: STILLWATER LIFEGUARDS HOURLY SALARY 1. Julia Orlando (10th year)...................................... $19.36 2. Kaitlyn Driscoll (5th year)................................................. $17.94 3. Olivia Inzerillo (3rd year)..................................... $17.23 4. Madeleine Jimenez(3rd year)................................. $17.23 5. Samantha McNamara (3rd year).............................. $17.23 7. Luke Altman (3rd year)........................................ $17.23 8. Max Pasko (3rd year).......................................... $17.23 9. Maria Tomais (3rd year)....................................... $17.23 10. Liam Rue (3`d year)............................................. $17.23 11. Sabrina Tsoupros (2nd year)................................... $16.87 12. Emma Kunz (2"d year)......................................... $16.87 13. Grace Brodarich (2nd year) ................................... $16.87 14. Jenna McFarland (2nd year) ................................... $16.87 15. Ella Mazzaferro (2nd year)..................................... $16.87 16. Marley Medina (2nd year)...................................... $16.87 17. Courtney Cocheo (2nd year)................................... $16.87 18. Joseph Aiello (2nd year)........................................ $16.87 19. Sean McHugh (1St year)........................................ $16.52 20. Skylor Wong (I"year)......................................... $16.52 21. Alexis Burns (1St year)......................................... $16.52 22. Antonio Jimenez (1St year).................................... $16.52 23. Marc Zappulla (1St year)....................................... $16.52 24. Trevor Zappulla (1St year)..................................... $16.52 25. Annamaria Napolitano (1St year).............................. $16.52 26. Drew Hahn (1St year)........................................... $16.52 BEACH ATTENDANTS 1. Chris Siejka (5th year)...................................................... $14.85 2. Constantine Roustas (3rd year)............................... $14.42 3. David Okula (2nd year)........................................ $14.20 4. Conor Kilcommons (2nd year)......................................... $14.20 5. Annie Antonucci (2nd year).............................................. $14.20 6. Brady Mahon (2nd year).................................................. $14.20 7. Saylor Hughes (2nd year)................................................ $14.20 Southold Town Board Regular Meeting July 27, 2021 page 7 8. Nicholas Manaris (2nd year)............................................ $14.20 9. Calvin Karsten (2nd year)................................................ $14.20 10. Robert Dunn (2nd year)................................................... $14.20 11. Victoria Witczak (1st year).............................................. $14.00 12. Wyatt Johnson (1 st year)................................................. $14.00 13. William Dickerson (1 st year)........................................... $14.00 14. Carson Russell (1 st year)................................................. $14.00 15. Eleni Ballas (1st year)...................................................... $14.00 16. Giavanna Jimenez (1 st year $14.00 .................................. ✓Vote,Record,=Resolution RES-2021-606,, `'"`'� 21 Adopted ❑ Adopted as Amended Defeated ------- -- — ----------------- -------• ------------ -- - -----i--- ----- - Yes/Aye No/Nay Abstain ( Absent ❑ Tabled ❑ Withdrawn Sarah E Nappa Voter ` Q ❑ ❑ 1 D ❑ Supervisor's Appt James Dimzio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty �� Voter D E] ❑ El ❑ Rescinded Robert Ghosio Seconder Q j ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans ( Mover ❑ i ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter R ❑ ❑ ❑ ❑ No Acton — ❑ Lost 2021-607 CATEGORY. Employment-Town DEPARTMENT. Accounting Amend Resolution NuMber 2021-476 RESOLVED that the Town Board of the Town of Southold hereby appoints the following 2021 seasonal summer staff for the period June 26 - September 6 pending successful background search, certification and civil service approvals as follows: STILLWATER LIFEGUARDS HOURLY SALARY 1. Rileigh Frend (1st year)...................................... $16.52 RECREATION SPECIALIST (WSI) HOURLY SALARY 1. Madeleine Jimenez (1 st year)......................................... $18.25 ✓•Vote Record-.Resolution RES-2021-607 Adopted j Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Sarah E Nappa Voter D ❑ ❑ ❑ ❑ Defeated lames Dmizio Jr I Voter El ❑ ❑ ❑ ❑ Tabled Jill Doherty Voter ❑ ❑ ❑ ❑ Southold Town Board Regular Meeting July 27, 2021 page 8 ❑ Withdrawn Robert Ghosio j Mover 0 ❑ i ❑ j ❑ ❑ Supervisor's Appi Louisa P Evans j Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A Russell Voter 0 ❑ I ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2021-608 CATEGORY.• Budget Modification DEPARTMENT.• Police Dept 2021 Budget Modification-Police Department Financial Impact:Reallocation of funds front retirement reserve to fiord budget lines for recent PBA retirement RESOLVED that the Town Board of the Town of Southold hereby modifies the 2021 General Fund Whole Town budIzet as follows: From: A.1990.4.100.200 Police/Retirement Reserve $175,627 Total $175,627 To: A.3120.1.100.401 Police/PS/Sick Earnings-SCAT $157,687 A.3120.1.100.301 Police/PSNacation Earnings-SCAT $17,940 Total $175,627 ✓VoteRecord-Resolution RES-2021-608 0 Adopted ❑ Adopted as Amended ❑ Defeated -- ----- --- --- ---— - -----— -- - -- - Yes/aye No/Nav Abstain Absent ❑ Tabled --- ----- — ❑ Withdrawn Sarah E Nappa Mover 0 ❑ ❑ �� O James Duuzio Jr Voter 0 11 Elj ❑ ❑ Supervisor's Appt ❑ Tax Receiver's Appt Jill Doherty I Voter 0 ❑ ❑ 1 ❑ ❑ Rescinded Robert Ghosio i Voter 0 ❑ ❑ I ❑ ❑ Town Clerk's Appt Louisa P Evans j Seconder 0 ❑ ❑ i ❑ ❑ Supt Hgwys Appt Scott A Russell j Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2021-609 Southold Town Board Regular Meeting July 27, 2021 page 9 CATEGORY.• Budget Modification DEPARTMENT: Solid Waste Management District 2021 Budget Modification: SWMD Financial Impact:Provides funds for repairs to automatic control system of compost site irrigation well. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2021 Solid Waste Management District budget as follows: From: SR 8160.4.400.125 Compost Analysis Services $ 500 SR 8160.4.400.160 Facility Improvements 1,850 SR 8160.4.400.300 Public Information/Printing 950 Total $3,300 To: SR 8160.4.400.150 Compost Site Maintenance $3,300 Total $3,300 ✓Vote Recoril,�ResolitioiiRES-2021-609 £rn 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled _ ❑ Withdrawn Sarah E Nappa Voter D �� ❑ "❑ _ ❑ Supervisor's Appt James Dmizio Jr Mover Z ❑ ❑ i ❑ El Tax Receiver's Appt Jill Doherty Seconder, ❑ ❑ ❑ ! ❑ ❑ Rescinded Robert Ghosio Voter D ❑ ❑ ❑ ❑ Town Clerk's Appt _ Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter ❑ ❑ i ❑ ❑ No Action ❑ Lost 2021-610 CATEGORY.• Budget Modification DEPARTMENT: Highway Department 2021 Budget Modification Highway Financial Impact: transfer of funds RESOLVED that the Town Board of the Town of Southold hereby modifies the 2021 Highway Fund Part Town budget as follows: FROM: Account Description Amount D13.5140.4.100.700 Safety Gear $2,000.00 Southold Town Board Regular Meeting July 27, 2021 page 10 DB.5130.4.100.550 Tires 3,000.00 TOTAL $5,000.00 TO: DB.5130.4.400.650 Maintenance & Repairs $5,000.00 TOTAL $5,000.00 ✓Vote Record=;Resolution RES-20211610', 0 Adopted ❑ Adopted as Amended ❑ Defeated j Yes/Aye No/Nay Abstain Absent ❑ Tabled - --- ---------- -- — ❑ Withdrawn Sarah E Nappa ! Voter ❑ ❑ ❑ ❑ Supervisor's Appt James Dimzio Jr ; Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder 0 ❑ ❑ El ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2021-611 CATEGORY.- Special Events DEPARTMENT: Town Attorney Special Events Brick Cove Marina 2021-39 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Sage Boat Basin Partners DBA Brick Cove Marina, to hold Special Event 2021-39 at the Brick Cove Marina 1760 Sage Blvd, Southold,New York as applied for in Application SBP2a-f for community, family and Boater BBQ fun day events on August 5, August 12, August 26, September 2 and September 9, 2021 from 4PM - 9PM. Provided they adhere to all conditions on the application, permit and to the Town of Southold Policy for Special Events. This permit is subject to revocation if the applicant fails to comply with any of the conditions of the approval or is unable to properly control traffic flow into and out of the event ✓Vote Record-Resolution RES-2021=611 0 Adopted ❑ Adopted as Amended - - - - - --- ----- --- -- Defeated Yes/Ave No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Sarah E Nappa Voter 0 ❑ ❑ ❑ James Dmizio Jr Voter El Supervisor's Appt 0 ❑ ❑ j ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ i ❑ ❑ Rescinded Robert Ghosio Seconder 0 ❑ ❑ i ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appi ScottA Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost Southold Town Board Regular Meeting July 27, 2021 page 11 2021-612 CATEGORY: Special Events DEPARTMENT: Town Attorney Special Events Bedell North Fork LLC 2021 -40 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Bedell North Fork, LLC , to hold Special Event 2021-40 at the Bedell Cellars, 45470 Main Road, Southold,New York as applied for in Application BC7a-d for Mid-week locals wine and farm fresh food pairing events on August 12, August 19, August 26, and September 2 from 5PM - 9PM. Provided they adhere to all conditions on the application, permit and to the Town of Southold Policy for Special Events. This permit is subject to revocation if the applicant fails to comply with any of the conditions of the approval or is unable to properly control traffic flow into and out of the event ✓xVote.Rec6rd,7.Re`solutiou�RES=2021-612 0 Adopted ❑ Adopted as Amended ❑ Defeated - T— -- - - ----- ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn Sarah E Nappa Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder 0 El _ ❑ ❑ - Robert Ghosio Mover 0 ❑ El ❑ Rescinded _ ❑ Town Clerk's Appt Louisa P Evans Voter - 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 91 ❑ ❑ ( ❑ ❑ No Action ❑ Lost 2021-613 CATEGORY.• Special Events DEPARTMENT: Town Attorney Special Events Pindar Vineyards 202`1 - 41 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Pindar Vineyards, to hold Special Event 2021- 41 at Pindar Vineyards; 37645 Main Road, Peconic,New York as applied for in Application PIN2a-bla for Good Day for a 5k Run on July 25, and October 18, 2021 from 9AM-12PM with a condition of having a "flagger"' posted at the Rail Road Crossing dirt path on the Pindar property. Provided they adhere to all conditions on the application ,permit and to the Town of Southold Policy for Special Events This permit is subject to revocation if the applicant fails to comply with any of the conditions of the approval or is unable to properly control traffic flow into and out of the event. L Southold Town Board Regular Meeting July 27, 2021 page 12 ✓Vote Record-Resolution RES-2021-613 0 Adopted ❑ Adopted as Amended ❑ Defeated - - - --1- ------- ----- - -------- -- - ------ — Yes/Aye 1 No/Nay i Abstain Absent ❑ Tabled - ----- — ------- ---- ❑ Withdrawn Sarah E Nappa Mover ❑ ❑ ❑ ❑ ❑ Supervisor's Appt James Duuzio Jr � Voter 0 ❑ ❑ j ( ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder 0 ❑ _ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ El Town Clerk's Appt Louisa P Evans Voter 0 i ED ❑ El ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ 11 El ❑ No Action ❑ Lost 2021-614 CATEGORY.• Budget Modification DEPARTMENT: Human Resource Center 2021 Budget Modification-HRC Financial Impact: to move finds fi-ona expenditure accounts to cover expenditure accounts with low 7-e7naining balances RESOLVED that the Town Board of the Town of Southold hereby modifies the 2021 General Fund Whole Town budget as follows: From: Appropriations: A.6772.2.500.550 Other Equipment Katinka House Equipment $900 A.6772.4.100.150 Contractual Expense Disposables 600 Total: $1,500 To: Appropriations: A.6772.4.100.500 Contractual Expense Motor Vehicle Parts & Supplies $900 A.6772.4.100.100 Supplies & Materials Office Supplies 600 Total $1,500 ✓Vote Record-Resolution RES-2021-614 0 Adopted El Adopted as Amended Yes/:we NNo/Nay Abstain Absent_ ____ _ El Defeated Sarah E Nappa Voter 0 El E] ; ❑ ❑ Tabled lames Dtmzio Ir Mover 2 ❑ 0 ; 0 Southold Town Board Regular Meeting July 27, 2021 page 13 ❑ Withdrawn Jill Doherty i Voter i R1 ❑ ❑ 1 ❑ ❑ ,Supervisor's Appt Robert Gliosio Voter 10 ❑ ❑ 1 ❑ ❑ Tax Receiver's Appt Louisa P Evans Seconder, 0 ❑ ❑ ❑ ❑ Rescinded Scott A Russell Voter 0 ❑ 1 ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2021-615 CATEGORY: Contracts,Lease&Agreements DEPARTMENT: Recreation Hire Summer 2021 Recreation Program Instructors Financial Impact: Contracts for Summer Resolved that the Town Board of the Town of Southold authorize and direct Supervisor Scott A. Russell to execute an agreement with the following individuals and businesses for the Summer 2021 Recreation programs, all in accordance with the approval of the town attorney. Funding for the instructors listed below has been budgeted for in the Recreation Department's 2021 instructor line A.7020.4.500.420. Tom Damiani (Country Line Dancing) $40/hour Rachel Harrison-Smith (Country Line Dancing) $40/hour Vote,Itec'ur dv=Resolution RES-2021-615, - 2 Adopted ❑ Adopted as Amended ❑ Defeated - --- ---; - - -- --- - Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Sarah E Nappa j Voter 121 ❑ ❑ ❑ ❑ Supervisor's Appt James Dmizio Jr Voter D ❑ ❑ C ❑ El Tax Receiver's Appt Jill Doherty Mover ❑ ❑ ❑ 1 ❑ ❑ Rescinded Robert Ghosio Voter M ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder ❑ ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 10 ❑ ❑ ❑ ❑ No Action ❑ Lost 2021-616 CATEGORY: Contracts, Lease & Agreements DEPARTMENT. Accounting Accept RFP for Audit Services Financial Impact:Accept RFP for Audit Serwces Southold Town Board Regular Meeting July 27, 2021 page 14 RESOLVED that the Town Board of the Town of Southold hereby accepts the request for proposal and authorizes and directs Supervisor Scott Russell and Town Comptroller to execute an engagement letter with PKF O'Connor Davies, LLP in connection with the fiscal years' 2020, 2021 and 2022 annual audits, including one Federal Single Audit and the NYS DOT Audit of the Town, at a fee not to exceed $69,150 for 2021, $69,150 for 2021, and $70,833 for 2022, and that said fees shall be a legal charge to the General Fund Whole Town Independent Auditing and Accounting budget (A.1320.4.500.300), and that said engagement letter is subject to review and approval by the Town Attorney. ✓Vote Record-Resolution RES-2021-616 0 Adopted ❑ Adopted as Amended ❑ Defeated -- - - -- --- ----:-------- -- - ---------- --- - ---- -- ---- Yes/Aye No/Nay Abstain Absent ❑ Tabled — --- - -- ❑ Withdrawn Sarah E Nappa Voter ❑ ❑ ❑ ❑ James Duuzio Jr Voter 0 11 � El❑ Supervisor's Appt _ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder ^0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell� Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2021-617 CATEGORY.• Contracts, Lease & Agreements DEPARTMENT.• Accounting Accept RFP Deferred Connpensalion Plan Audil Financial Impact:Funds available in A 1320 4 500.300 RESOLVED that the Town Board of the Town of Southold hereby accepts the request for proposal and authorizes the execution of an en;?a1Zement letter with PKF O'Connor Davies, LLP in connection with the audits of the Town of Southold Deferred Compensation Plan as of December 31, 2020, December 31, 2021 and December 31, 2022 at a fee not to exceed $13,000, $13,000 and $13,260, respectively, and that said fee shall be a legal charge to the General Fund Whole Town Independent Auditing and Accounting budget (A.1320.4.500.300), and that said engagement letter is subject to review and approval by the Town Attorney. ✓Vote Record-Resolution RES-2021-617 [a Adopted - -- ---- ❑ Adopted as Amended Yes/Aye No/Nay Abstain ' Absent ❑ Defeated Sarah E Nappa Voter 0 ❑ — ❑ — --µ❑-- ❑ Tabled lames Dinizio Ir Voter 0 ❑ ❑ ❑ ❑ Withdrawn ]ill Doherty Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P EVdnS Seconder 0 ❑ ❑ ❑ ❑ Rescinded Scott A Russell Voter 0 El El ❑ Town Clerk's Appt Southold Town Board Regular Meeting July 27, 2021 page 15 ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2021-618 CATEGORY. Contracts,Lease&Agreements DEPARTMENT: Accounting Accept RFP Justice Court Audit Financial Impact:Funds available in A.1320.4.500.300 RESOLVED that the Town Board of the Town of Southold hereby accepts the request for proposal and authorizes the execution of an engagement letter with PKF O'Connor Davies, LLP in connection with the audits of the Town of Southold Justice Court as of December 31, 2020, December 31, 2021 and December 31, 2022 at a fee not to exceed $7,500, $7,500 and $7,650, respectively, and that said fee shall be a legal charge to the General Fund Whole Town Independent Auditing and Accounting budget (A.1320.4.500.300), and that said engagement letter is subject to review and approval by the Town Attorney. ✓Voie Record'-.Resolutiob RUS-2021 Southold Town Board Regular Meeting July 27, 2021 page 16 ❑ Adopted as Amended Sarah E Nappa Voter 2 ❑ ❑ 1 ❑ ❑ Defeated James Dmizio Jr Mover ❑ ❑ 1 ❑ ❑ Tabled Jill Doherty Voter D ❑ ❑ ❑ ❑ Withdrawn Robert Ghosio Voter ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P Evans Seconder D ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A Russell Voter D ❑ ❑ ( ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2021-620 CATEGORY: Refund DEPARTMENT. Town Clerk Amend 2021-579 Refzmd Beach Permits/Disposal Permits RESOLVED that the Town Board of the Town of Southold hereby amends resolution#2021- 579 adopted at the July 13, 2021 regular Town Board meeting, as follows: RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund to the following individuals for a Non-Resident Beach Parking Permit: Messana, Stephanie $350.00 $300.00 481 N Creek Road Greenfield Center, NY 12833 ✓Vote Record-Resolution RES-2021-620 Q Adopted ❑ Adopted as Amended ❑ Defeated —�— —� Yes/Aye No/Nay Abstain i Absent ❑ Tabled -- - — --— ❑ Withdrawn Sarah E Nappa Voter 0 ❑ El I ❑ ❑ Supervisor's Appt James Dmizio.Ir r Voter iD ❑ ❑ j ❑ ❑ Tai Receiver's Appt Jill Doherty i Mover ❑ ❑ ; ❑ ❑ Rescinded Robert Ghosio F Voter D ❑ ❑ ( ❑ ❑ Town Clerk's Appt Louisa P Evans { Seconder M ❑ Elj El El Supt 1lgwys Appt Scott A Russell I Voter ❑ ❑ ❑ ❑ No Action ❑ Lost 2021-621 CATEGORY: Special Events DEPARTMENT: Town Attorney Southold Town Board Regular Meeting July 27, 2021 page 17 Revoke Mattitaco IA-C Special Event WHEREAS on April 28, 2021, Mattitaco 10560 Main Road, Mattituck,NY filed an application identified as Mattitaco 1 a-c, for special event permits for three (3) separate events to be held on May 5, June 12 and September 7, 2021 at Mattitaco, 10560 Main Road, Mattituck,NY. and WHEREAS on May 4, 2021, Town Board of the Town of Southold granted permission to the Mattitaco to hold Special Events at Mattitaco, 10560 Main Road, Mattitaco,NY as applied for in Application Mattitaco la-c for events to be held May 5, June 12 and September 7, 2021 from 12:00 PM to 9:00 PM,provided they adhere to all conditions on the application and permit and to the Town of Southold Policy for Special Events and subject to the applicant's compliance with all executive orders of the State of New York, RESOLVED the Town Board of the Town of Southold hereby REVOKES the remainder of the applications identified as Mattitaco 1 a-c, by Mattitaco. pursuant to Section 205-6 of the Town Code of the Town of Southold. ✓Vote Record-Resolution RES-2021-62`1. 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Wtihdrawn Sarah E Nappa Voter T ❑ 0 ❑ �❑ ❑ Supervisor's Appt James Duuzio Jr Voter 0 ❑ ❑ ❑ ❑ Tax-Receiver's Appt Till Doherty j Voter 0 ❑ ❑ ( ❑ ❑ Rescinded Robert Ghosio { Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ { ❑ ❑ Supt Hgwys Appt Scott A Russell i Voter 0 ❑ ❑ { ❑ ❑ No Action ❑ Lost 2021-622 CATEGORY.• Special Events DEPARTMENT. Town Attorney Deny Mattitaco 2A Special Event WHEREAS on July 14, 2021, Mattitaco 10560 Main Road, Mattituck,NY filed an application identified as Mattitacola, for special event permit for event to be held on August 28, 2021 at Mattitaco, 10560 Main Road; Mattituck,NY. and RESOLVED the Town Board of the Town of Southold hereby DENIES the application identified as Mattitaco2a, by Mattitaco. pursuant to Section 205-6 of the Town Code of the Town of Southold. Southold Town Board Regular Meeting July 27, 2021 page 18 ✓Vote Record-Resolution RIES-2021-622 . ` 0 Adopted ❑ Adopted as Amended ❑ Defeated - - - -- --- - --- -- -__--------- -----;--- -- - -- -- Yes/Aye No/Nay Abstain Absent ❑ Tabled --- ------ -- ❑ Withdrawn Sarah E Nappa ( Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt James Duuzio Jr Voter 0 ❑ ❑ ❑ El Tax Receiver's Appt Jill Doherty Voter 0 El ❑ ❑ ( 11 Rescinded Robert Ghosio Mover 0 ElEl❑ El Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt H,oN ys Appt Scott A Russell Voter 0 ❑ ❑ f ❑ ❑ No Action ❑ Lost 2021-623 CATEGORY. Contracts,Lease&Agreements DEPARTNIENT. Town Attorney Empower Retirement Deferred Compensation Financial Impacl-Deferred Compensation Plan WHEREAS, Empower Retirement has acquired MassMutual, the Administrator for the Town of Southold Deferred Compensation Plan, therefore be it; RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a Trust Agreement and Successor Trustee Letter acknowledging the succession of Empower Retirement as Administrator for the Town of the Town of Southold Deferred Compensation Plan. ✓Vote Record-Resolution RES-2021-623 Y 0 Adopted ❑ Adopted as Amended ❑ Defeated - -- — Yes/Aye No/Nay Abstain i Absent ❑ Tabled �- - - --- — - - -- ❑ Writhdrawn Sarah E Nappa i Mover 0 ❑ ❑ i ❑ El Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ i El, El Tax Receiver's Appt ,till Doheny Seconder 0 ❑ El ❑ Rescinded Robert Ghosio f Voter 0 ❑ ❑ ❑ El Town Clerk's Appt Louisa P Evans Voter 0 ❑ El ❑ Supt I-IgIvys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2021-624 Southold Town Board Regular Meeting July 27, 2021 page 19 CATEGORY. Coastal Erosion DEPARTMENT. Town Attorney Grant CEA Callander WHEREAS,the Board of Trustees denied the application of Keith Neilson PE of Docko Inc. on behalf of Elizabeth Callander to construct± 105 linear feet of 4" wide wood pile and timber pier of which± 65 N, linear feet is waterward of the apparent/spring high water line, including five associated M ladders, rails, electric and water utilities; construct a± 9' x± 10 ( 90sq.ft.)wide boulder mounded wood platform/dock with a 4' wide x± 7 linear foot long access walkway with rails and three new tie-off piles, waterward of the apparent high water line; with the condition of the use of thru-flow decking on the entire dock; and as depicted on the site plan prepared by Docko, Inc., dated December 12, 2018; within a near shore area in a Coastal Erosion Hazard Area located on property on parcel SCTM# 1000- 3- 2- 6 off 12244 East Main Road, Fishers Island ,New York, under the Town of Southold Coastal Erosion Hazard Areas Law (the "Law") of the Town of Southold pursuant to Section 11141(c); and WHEREAS, on June 8, 2021, the Applicant submitted an application to the Town Board of the Town of Southold seeking to appeal the determination of the Board of Trustees, or in the alternative, seeking a variance from the requirements of.the Law; and WHEREAS, on July 27, 2 02 1, the Town Board conducted a duly noticed public hearing on the instant appeal with an opportunity for all interested parties to be heard and testimony was taken of the Applicant's consultant and other interested parties; and WHEREAS,the application has been reviewed pursuant to Chapter 268, Waterfront Consistency Review of the Town Code and the Local Waterfront Revitalization Program; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed action is classified as a Type 11 Action and is not subject to review pursuant to SEQRA Rules and Regulations for this action; and be it further RESOLVED that the Town Board of the Town of Southold does hereby adopt the Findings and Determination dated July 27, 2021 granting the application of Keith Neilson PE of Docko Inc. on behalf of Elizabeth Callander for a coastal erosion hazard area permit pursuant to §111-20 of the Town of Southold Coastal Erosion Hazard Area Law and be it further RESOLVED that the Town Board had determined that this action is consistent with Chapter 268, Local Waterfront Revitalization Program; and be it further RESOLVED that this Determination shall not affect or deprive any other agency of its properly asserted jurisdiction, separate and apart from the proceedings under the Coastal Erosion Hazard Areas Law considered herein. Southold Town Board Regular Meeting July 27, 2021 page 20 ✓vote Record-Resolution RES-2021-624 Rl Adopted ❑ Adopted as Amended ❑ Defeated ------ - ------- ---- --- ------------ - ---------- -- -- - Yes/Aye No/Nay Abstain ( Absent ❑ Tabled - - - - -- - El Withdrawn -- Sarah E Nappa i Voter 0 ❑ El ; ❑ ' El Supervisor's Appt James Dmizio Jr Mover 23 ❑ El El El Tax Receiver's Appt Jill Doherty Seconder 0 ❑ ❑ El Robert Ghosio Voter El ❑ j ❑ El Rescinded ❑ Town Clerk's Appt Louisa P.Evans Voter Rl ❑ ❑ j ❑ El Supt H,owys Appt Scott A Russell Voter El0 El1 ❑ ❑ No Action ❑ Lost Comment regarding resolution 624 SUPERVISOR RUSSELL: I just want to quickly comment, (inaudible) coastal hazard mitigation line, there is a distinction there and that is actually a state established line I believe, there is a distinction that those areas are not supposed to be constructed in because they are especially vulnerable to conditions typically with their seaside locations yet we keep approving these, we have to question why we even bother having a line at this point, it doesn't seem to make sense if we keep granting waivers. In addition to that, it's an eel grass area, we've already had the conservancy come before us looking for support to promote eel grass restoration. This is a significant eel grass area despite their efforts to not impact the eel grass, it's virtually impossible that they've actually done that. I am sorry, I know that's a long speech. I am going to vote no. 2021-625 CATEGORY.• Property Acquisition Purchase DEPARTMENT: Land Preservation Mattituck Farm Holdings Dev Rights Easement Acquisinon-SEQRA WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of development rights easements on certain parcels of properties owned by Mattituck Farm Holdings, LLC on the 27t11 day of July, 2021, at which time all interested parties were given the opportunity to be heard; and WHEREAS, Mattituck Farm Holdings, LLC, owns approximately 256± acres in Cutchogue, located between Depot Lane to the east and Elijah's Lane to the west, and between Oregon Road to the north and County Road 48 to the South; and WHEREAS, a combined total of 136± acres are subject to existing Town or County development rights easements, and the remaining lands, a combined total of 120± acres, have development rights intact; and Southold Town Board Regular Meeting July 27, 2021 page 21 WHEREAS, all of the properties are located within the Agricultural-Conservation (A-C) zoning district, are comprised of Prime Soils, and are in active agriculture; and WHEREAS, the properties are listed on the Town's Community Preservation Project Plan as properties that should be preserved due to their agricultural value and aquifer recharge area value; and WHEREAS, the Town proposes to purchase six (6) separate Development Rights Easements, on all or part of some of the properties owned by Mattituck Farm Holdings, LLC, on a cumulative total of 106.78± acres. Said properties are identified as all or part of SCTM #1000-95-3-3.4 (4710 Oregon Road), 1000-95-3-8.1 (5780 Oregon Road), 1000-95-4-1 (7040 Oregon Road), 1000-95-4-3.1 (8500 Alvah's Lane), 1000-95-4-5.2 (8820 Alvah's Lane), 1000-95-4-12 (19285 County Road 48) and 1000-95-4-13 (19155 County Road 48), in Cutchogue,New York, and WHEREAS, as part of the acquisition, the remaining 13± cumulative acres, including new development (reserve) areas and existing development (reserve) areas, will each be subject to the recording of a Declaration of Covenants & Restrictions simultaneously with the Easement, including a requirement that the area will remain permanently attached to the preserved farm. Said properties include: New Development (reserve) Areas SCTM #1000-95-3-8.1 (5780 Oregon Road) SCTM #1000-95-4-1 (7040 Oregon Road), SCTM#1000-95-4-3.1 (8500 Alvah's Lane) Existing Development (reserve) Areas SCTM#1000-95.-3-3.5 (5200 Oregon Road) SCTM #1000-95.-4-6.1 (7990 Oregon Road) SCTM #1000-95.-4-9.1 (8 900 Oregon Road) SCTM#1000-95.-4-14.2 (8640 Oregon Road) WHEREAS, as a condition of the acquisition, the existing tax parcels known as SCTM #1000- 95.4-12 and #1000-95.-4-13, each 6.5± in acres, will be merged; and WHEREAS, as a condition of the acquisition, the existing tax parcels known as SCTM #1000- 95.4-9.2 (4.3 acres subject to existing Town development rights easement) and #1000-95.4-10 (19.5 acres subject to existing Town development rights easement), will be merged; and WHEREAS, the total acquisition purchase price is $6,000,000.00 (six million dollars), calculated to be $56,190.30 (fifty-six thousand one hundred ninety and 30/100 dollars) per buildable acre based on the 106.78± acres contemplated to be encumbered as follows: SCTM #1000-95.-3-3.4 1.98± acres at $ 111;257.00 SCTM #1000-95.-3-8.1 53.00± acres at $ 2,978,086.00 SCTM #1000-95.-4-1 10.00± acres at $ 561,903.00 Southold Town Board Regular Meeting July 27, 2021 page 22 SCTM#1000-95.-4-3.1 24.00± acres at $ 1,348,567.00 SCTM#1000-95.4-5.2 4.80± acres at $ 269,713.00 SCTM #1000-95.-4-12 & 13 13.00± acres at $ 730,474.00 If the final survey shows that the total acreage of the Premises is different from the 106.78± acre figure used to determining the purchase price for each easement, the final price per acre shall be adjusted such that the final purchase price remains at $6,000,000.00 (six million dollars.) The exact areas of the acquisitions are subject to Town-provided surveys acceptable to the Land Preservation Committee and the landowner; and WHEREAS, Community Preservation Funds will be used to acquire the easements and to pay for closing costs and expenses associated with the acquisitions; and WHEREAS, the Town commissioned an appraisal, by a qualified appraiser, to value the development rights and restrictive covenants on portions of the subject parcels. The Town acknowledges that the Town's purchase offer is below the fair market value as determined by the appraisal, and the landowner may be eligible to claim a bargain sale; and WHEREAS, this acquisition involves six easements, three new development (reserve) areas, four covenants and restrictions for existing development (reserve) areas as well as two 2-lot mergers of parcels and is subject to, and contingent upon, the Town's acquisition of the entire scope of this proposed project; and, WHEREAS, the purchase of the development rights on these properties are in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program ("LWRP") and the LWRP Coordinator has recommended that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisitions, and recommends that the Town Board acquire the development rights easements; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on these agricultural lands; and, WHEREAS, the Town Board of the Town of Southold classifies this action as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; and, WHEREAS, the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and, Southold Town Board Regular Meeting July 27, 2021 page 23 WHEREAS, the Town Board of the Town of Southold accepted the Short Environmental Form for this project that is attached hereto; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action; and, be it further RESOLVED that the Town Board of the Town of Southold hereby elects to purchase development rights easements on agricultural lands owned by Mattituck Farm Holdings, LLC, in accordance with the acquisition as detailed above. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the LWRP and the Town Board has determined that this action is consistent with the LWRP. ✓Vote Record-,ResoluHon=RES-2027 G25 21 Adopted ❑ Adopted as Amended ❑ Defeated -- - ---- --- ------ ,— - -- -- ❑ Tabled Yes/Aye Y No/Nay Abstain } Absent ❑ Withdrawn Sarah E.Nappa ( Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt James Dmizio Jr Voter ❑ ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ( ❑ ❑ Rescinded Robert Ghosio Seconder R1 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans rMover 121 ❑ ❑ i ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 1 ❑ ❑ ❑ ❑ No Action ❑ Lost Comments regarding resolution 625 COUNCILWOMAN NAPPA: I just want to say thank you to Melissa and the Pecome Land Trust for the work they put into this, this is really an extraordinary project, so glad that that area is going to see more preservation. So I enthusiastically vote yes. SUPERVISOR RUSSELL: Yes, I just want to reiterate, I also want to thank the owners for their generosity, also Melissa for your hard work, the Land Preservation Committee and the Land Trust for making it all happen. Probably one of the biggest, most significant farm purchases since I have been here. Again, thank you to everybody. Motion To: Motion to recess to Public Hearing RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed in order to hold a public hearing. Southold Town Board Regular Meeting July 27, 2021 page 24 RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Sarah E.Nappa, Councilwoman AYES: Nappa, Dinizio Jr, Doherty, Ghosio, Evans, Russell VI. Public Hearings 1. PH 7/27 4;30 Pm Mattituck Farm Holdings Dev Rights Acquisition COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold will hold a public hearing on Tuesday, July 27, 2021, at 4:31 PM., at the Southold Town Hall, 53095 Main Road, Southold,New York for the purchase of development rights easements on properties owned by Mattituck Farm Holdings, LLC. The Town proposes to purchase six (6) separate development rights easements, on all or parts of parcels located at 4710 Oregon Road; 5780 Oregon Road; 7040 Oregon Road; 8500 Alvah's Lane; 8820 Alvah's Lane; 19285 County Road 48 and 19155 County Road 48 in Cutchogue,New York. The total acreage is approximately 106 acres. The parcels are situated in the Agricultural-Conservation zoning district are comprised of prime soils in active agriculture and are listed on the Town's Community Preservation Project Plan List as properties that should be preserved due to their agricultural value and their value as an aquifer recharge area. The total acquisition price is six million dollars ($6,000,000.00) and will be funded by Community Preservation Funds. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcels of land is on file in the Land Preservation Department, Southold Town Hall Annex, 54375 Main Road, Southold,New York, and may be examined by any interested person during regular business hours. The full text of the resolution setting the public hearing is available for review in the Southold Town Clerk's Office and on the Towns website: www.southoldtownny.Qov <http://www.soutlioldtownny.gov> I have a signed and notarized affidavit that this hearing was noticed on the Town Clerk's bulletin board and the town website and also was published in the Suffolk Times. That's all I have. SUPERVISOR RUSSELL: Would anyone like to address the Town Board on this particular public hearing? MELISSA SPIRO: Melissa Spiro, Land Preservation Coordinator. I'd like to start out by thanking the landowner for offering the development rights on this active farmland in the Cutchogue Oregon Road area to the Town. These farms have frontage on Oregon Road, Alvah's Lane, Depot Lane and CR 48. A typical project involves one, maybe two tax parcels. This project is a bit more complicated as it involves multiple tax parcels and will result in six Southold Town Board Regular Meeting July 27, 2021 page 25 individual easements. It may be complicated but it results in preserving 107 acres, so well worth the'complication. I have a map showing the project up front and on zoom. The landowner, Mattituck Farm Holdings, owns approximately 256 acres of contiguous tax parcels in this area. The parcels are outlined in yellow, all the parcels with a number. 136 of the 256 acres are already subject to town or county development rights easements, the landowner purchased them as preserved farmland over the years. These parcels are the green parcels with the numbers on them. That leaves about 120 acres owned by Mattituck Farm Holdings with development rights intact. The town is purchasing the rights on 107 of the 120 acres. The 107 acres are shown in blue on the map. The purchase will involved 6 separate easements of varying sizes. The smallest development rights purchase is to expand a prior county 34.5 acre development right purchase by about 2 acres. If you can see the numbers this is the blue area of#9. The 2 acres farmland area, once preserved, will them remain linked together with the 34.5 acre farm and the existing development area on the east side of that lot shown in orange. The largest farm, farm # 1, is a 55 acre farm. The rights will be purchased on 53 acres with a 2 acre linked development area. The other purchases result in 24 acres preserved with a 2 acre development area (farm#2); 4.9 +/- acres preserved, with no development area (farm#3); 10 acres preserved with a 2 acre development area(farm #4) and the merging of the two 6.5 acre farms, resulting in 13 acres preserved with no development area(farm#5). The shaded orange areas indicate new or proposed development areas for some of the farms. These areas are each about 2 acres in size and as part of the acquisition, conditions will be placed on the development areas so that they will remain permanently attached to the proposed or the existing preserved farmland. Some of these areas are vacant and some contain existing dwellings and other improvements. The 107 acres being preserved are all actively farmed, prime farmland soil. Preservation of these properties will expand and connect existing blocks of preserved farms, and as you can see on the map,this will result in a large contiguous block of preserved farmland. The preservation of such a large area of farmland is significant in itself. However, another significant factor is that the landowner is offering the development rights to the town at an amount substantially below the appraised value. We thank the landowner for doing this as this results in the town having additional funding for future projects and in turn enables the town to preserve even more farmland. The 107 acres of development rights described are being purchased with Community Preservation Funds at a total acquisition purchase price of$6,000,000. This calculates to just over$56,000 per acre. The purchase price for each easement has been calculated using this per acre amount. The exact per acre purchase price will be calculated again once the properties are surveyed and we know the exact acreage, however the total overall purchase price will remain at $6,000,000. This is a large project for the town. As a cumulative project, I believe that it is the largest farmland development rights purchase that has occurred under the town's program. I'm excited to have been a part of it. The landowner has been working with the Peconic Land Trust and the Trust has been helping to facilitate this significant acquisition, so thanks go out to the Trust also. Both the Land Preservation Committee and I enthusiastically support this project and recommend that the Town Board proceed with the acquisition. And again, I thank the landowner for working with the town, and for giving the town the opportunity to preserve this important farmland. SUPERVISOR RUSSELL: Who else would like to address the Town on this public hearing? Southold Town Board Regular Meeting July 27, 2021 page 26 MELANIE CIRILLO: Good afternoon, Supervisor and Councilpeople. I am Melanie Cirillo, vice president at Peconic Land Trust and I am here to say thank you very much for your efforts to protect this block of farmland on Oregon Road, it's a significant property, actively farmed, prime soils and we are so appreciative that the landowner was willing to negotiate and work with the town on protecting this property. So thank you very much. SUPERVISOR RUSSELL: Would anyone else like to address the Town Board on this public hearing? (No response) RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Robert Ghosio, Councilman AYES: Nappa, Dinizio Jr, Doherty, Ghosio, Evans, Russell 2. PH 7/27 4:31 Pm CDBG Modification 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 131h day of July, 2021, a desire to modify the projects addressed by previously awarded Community Development Block Grant Funds; and NOTICE IS HEREBY FURTHER GIVEN, a public hearing is necessary to address such amendments, AND NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Community Development Block Grant Funds at Southold Town Hall, 53095 Main Road, Southold,New York, on the 271h day of July, 2021 at 4:31 p.m. at which time all interested persons will be given an opportunity to be heard. BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The purpose of this public hearing is to address a need for ADA compliant bathrooms in the Recreation Center, as well as dealing with impacts to the public's health, safety and welfare. II. Resolution No. 2021-456 is hereby amended to include the underlined words and strike the struck through words as follows: RESOLVED that the Town Board of the Town of Southold hereby modifies the 2021 Community Development Fund budgets as follows: Increase Revenues: CD.4910.00 Federal Aid, Cares Act Funding $ 330,000 Total $ 330,000 Increase Expenditures: CD8660.4.100.104 Community Development, COVID Cares Act Southold Town Board Regular Meeting July 27, 2021 page 27 Funding, Town all Recreation Center Accessibility $ 200,000 CD8660.4.100.105 Community Development, COVID Cares Act Funding, Senior Center Vehicle $ 29,000 CD8660.4.100.106 Community Development, COVID Cares Act Funding, CAST $ 25,000 CD8660.4.100.107 Community Development, COVID Cares Act Funding, Family Service League $ 76,000 Total $ 330,000 III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this amendment 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 shall take effect immediately as provided by law. This hearing has been advertised on the Town Clerk's bulletin board, the town website and the Suffolk Times, which I have notarized affidavits for. SUPERVISOR RUSSELL: Would anyone like to comment, we have Denis Noncarrow, the Government Liaison, here to answer any questions if someone would like to raise that? Would anyone like to comment on this public hearing? (No response) RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Robert Ghosio, Councilman AYES: Nappa, Dinizio Jr, Doherty, Ghosio, Evans, Russell Closing Comments Supervisor Russell SUPERVISOR RUSSELL: That completes the business of the agena, would anyone like to address the Town Board on any issue? Robert Dunn ROBERT DUNN: I will. Speaking of Oregon Road, maybe three weeks ago, several people put something on social media. I know you did Jim, because you commented. I agree with the gentleman on the signage, it's a billboard, it shouldn't be there. I don't know if there is a remedy for his questioning about the size, that's subject to building codes and so on. If you will recall, there were a number of comments made there, some really derogatory to a few people about lining the pockets and (inaudible) and I attacked two people for it because I don't agree with it, I don't agree with that kind of lying, I don't agree with those kinds of baseless accusations, if somebody has a point to be made, make it. And I just say that as a point showing that I have always supported you. I have become really disillusioned, I reported, I mean, we are spending Southold Town Board Regular Meeting July 27, 2021 page 28 $6,000,000 to take land on Oregon Road which most people in town don't even know where it is but I sit at a beach that hundreds of people a day come to and we let somebody take town land and put a fence up, we gave thein six months to take the fence down that was after he had already had it up for three months. He laughed at you, he literally laughed at you. It was supposed to come down on the 15th, it's still up. Now I am not going to say that the attorneys haven't tried to do something, I know that there have been notices put on his door. His reaction to that was to turn lights into my bedroom window. You just can't understand how disgusted I am with this town board's action and inability, not that I am saying they haven't tried, inability to (inaudible)... of what's the point of protecting part of town law and other parts are being destroyed. I don't understand it. You yourself, last week, or two weeks ago when we were discussing whether it was a blind corner or not, showed me pictures of the trees that he cut down and I asked you, is he allowed to cut down trees? Your reply was no. What was the outcome of that? SUPERVISOR RUSSELL: I said that you can't cut down trees? MR. DUNN: Town trees. SUPERVISOR RUSSELL: Town trees. Again, I can't establish how those trees got there, you said that they were there and they were cut back to that. If you look at the photos, it looks like a straight line of trees that ends actually with the dogwood which is right next to the driveway. It really does look like an entrance and I can't determine who put the trees there, other than the fact that if they are in the town right of way doesn't mean that they are town trees. Inaudible. But I know we disagree but I have to tell you, looking at the photo those trees look like they are in a straight line and they end with the most ornamental of the trees which is the dogwood right next to the driveway. MR. DUNN: Oh, no, no. I am not disagreeing with you but they were on town property. SUPERVISOR RUSSELL; Doesn't mean they were town owned,perhaps they shouldn't have been there but it doesn't mean they were town owned. Someone could have planted them there which is not uncommon. MR. DUNN: Not the dogwood, the dogwood was most likely planted. But the other three trees were and I don't want to argue about trees, the bottom line here was the fence was on town property, you gave him six months to take it down, lie didn't take it down and it's still there. COUNCILMAN GHOSIO: What's our recourse on that? TOWN ATTORNEY DUFFY: Well, we made a motion to the court to restore the case to the calendar because he failed to comply with the conditions of discharge. MR. DUNN: I am sure it's.. Southold Town Board Regular Meeting July 27, 2021 page 29 TOWN ATTORNEY DUFFY: We issued citations three different times for failing, for not, keeping the fence there and we issued another citation because of turning the light towards Mr. Dunn's home and that's going to come with a lot of hefty fines. Our next step would be to go to Supreme Court to get an injunction at least forcing him to take down or allowing us to go do it. It's a process and I understand your frustration but it's a process that we have to go through. COUNCILMAN GHOSIO: Just to get an idea, what's the normal time amount of time.......inaudible. TOWN ATTORNEY DUFFY: I mean it depends on (inaudible) MR. DUNN: The lights could be $7,500 a month. But you have got to do it every day. You have got to do it every day. I mean the bottom line is, this kind of stuff is ruining our town. On the one side of the town we are going to pay $6 million to take a piece of property in Mattituck which I totally agree with, if you were voting for a moratorium on all commercial building on the Main Road in Mattituck, I totally agree with it. But you are going to spend a million bucks there and this guy is stealing beachfront property from the town. That's just..... SUPERVISOR RUSSELL: Robert,just so you understand, I agree with you....... MR. DUNN: I know you do. SUPERVISOR RUSSELL: I would have liked to see the bushes pushed back at least no farther out than the utility poles. And I told you at the time, my thought was that the fence was there to make sure that the bushes took root, once they established themselves it would have made taking down (inaudible), so I think they should have been pushed back but I do understand why the attorneys, looking at the photo, I understand why the attorneys think they would have a good, compelling case and I, again, that's looking at all the photos, I understand where the attorneys position came from. MR. DUNN: I am not arguing with your position, I am arguing that it's there today. You know, has there been, when I first started discussing this I was angry at the attorneys, I believe they have been trying but this is a town and I think it could carry more importance to the town. Not just because it's next door to me but because it's beach front property. We don't have enough. I can speak to that too because I sit there as an employee of the town. This is a grand failure of the system and I've got a lot of experience with that. You are familiar with the Broadway stop, that's where I was born. And I then moved to Auburndale as the Broadway stop got (inaudible) and then I moved to Bayside. And now I am here and to be honest, I still have a co-op in the city, I go there maybe one day a month. My wife uses it to babysit, while she was still working, she needed it. But I don't even go there (inaudible). I am watching (inaudible) and we all know this isn't the only place these sorts of things are happening so I am not trying to say this is more important, I am just (inaudible). There is no excuse to have this going on this long, there really isn't. You just raised an issue Bob, that this could take months. If this had happened back in March which could have been six months after he bought the property, it would have been resolved by now so what you are telling me is I have got to live with this madness for another Southold Town Board Regular Meeting ` July 27, 2021 page 30 and I am not talking about the fence, the fence doesn't really affect my life other than it's ugly and it doesn't belong there, it belongs to all the people of the town who drive down there and tell me by the dozens it's so beautiful here, I am sorry you can't park here, get out, it's so beautiful here. Good. I don't know what to say, I am just, I would like to say I hope I never going to have to (inaudible) but, I don't want to use some of the words I have got in my head as to how it's gotten here because it won't be fair to the (inaudible). This has gone beyond a fail now. Almost a year now, nine months. Supervisor Russell SUPERVISOR RUSSELL: Is there anybody else that would like to address the Town Board? (No response). Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 5:17 P.M. 1 Elizab th A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Nappa, Dinizio Jr, Doherty, Ghosio, Evans, Russell