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Home My WebLink AboutTB-08/10/2021 ELIZABETH A.NEVILLE °gllfFO(�c Town Hall, 53095 Main Road TOWN CLERK j°� ��y PO Box 1179 Southold,NY 11971 REGISTRAR OF VITAL STATISTICS o Fax(631)765-6145 MARRIAGE OFFICER 4, ya° Telephone: (631)765 - 1800 RECORDS MANAGEMENT OFFICER south oldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING August 10, 2021 7:00 PM A Regular Meeting of the Southold Town Board was held Tuesday, August 10, 2021 at the Meeting Hall, Southold,NY. Call to Order 7:00 PM Meeting called to order on August 10, 2021 at Meeting Hall, 53095,Route 25, Southold, NY. ttendee-N.4me �ti, °�Or aniza ions Title'�= S,talns rriwEci°oT _ _. Sarah�E. Na a �Town of Southold Councilwoman Present James Dinizio JrTown of Southold Councilman Present .,...K»A fi.........__....__......_..........................................................m...,,�._,,...,,., Jill Doherty Town of Southold Councilwoman Present _--_ _ Robert_Ghosio Town of Southold Councilman Present L_o_uisa P. Evans Town of_Southold Justice Absent Scott A. Russell Town of Southold Supervisor ; Present Elizabeth A.Neville Town of Southold ? Town Clerk-- . ; Present William M Duffy Town of Southold Town Attorney : Present 1. Reports 1. Zoning Board of Appeals Monthly Report 2. Town Clerk Monthly Report 3. Land Tracking Report 4. Planning Department Monthly Report Southold Town Board Regular Meeting August 10, 2021 page 2 II. Communications III. Public Notices IV. Discussion 1. 9:00 AM - Town Clerk Elizabeth Neville, Lynda Rudder and Denis Noncarrow 2. Town Attorney 3. Town Attorney 4. Supervisor Russell 5. Coastal Erosion Hazard Board of Review Appeal Application 1. EXECUTIVE SESSION - Sale, Lease or Acquisition of Certain Real Properties Where Publicity Could Affect the Value Thereof 6. EXECUTIVE SESSION -Labor-Matters Involving the Employment Contract of a Particular Corporation 7. EXECUTIVE SESSION - Labor- Matters Involving the Employment/Appointment of a Particular Person(S) 8. EXECUTIVE SESSION - Labor- Matters Involving Collective Bargaining 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? (No response) V. Resolutions 2021-626 CATEGORY.• Audit DEPARTMENT: Town Clerk Approve Audi! RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated Aucgust 10, 2021. ✓Vote Record-Resolution RES-2021-626 R Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended 0 Defeated Sarah E Nappa Voter El ❑ ❑ ❑ Southold Town Board Regular Meeting August 10, 2021 page 3 ❑ Tabled James Dmizio Ir Seconder Q ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Mover Q ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosto Voter Q ❑ ❑ ` ❑ ❑ Tax Receiver's Appt Louisa P Evans Voter ❑ ❑ ❑ Q ❑ Rescinded Scott A Russell Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2021-627 CATEGORY.• Set Meeting DEPARTMENT. Town Clerk Set Next Town Board Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday,August 24 2021 at the Southold Town Hall Southold New York at 4:30P. M.. ✓Vote,Record-Resolution RES-2Q21-62? Q Adopted ❑ Adopted as Amended El Defeated - — - -- Yes/Aye No/Nay Abstain Absent ❑ Tabled 0 Withdrawn Sarah E Nappa Voter Q ❑ ❑ j ❑ ❑ Supervisor's Appt James Duuzio Jr Seconder Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover Q ❑ El ❑ Rescinded Robert Ghosio Voter Q El _❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter ❑ '❑ ❑ —Q ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ I ❑ ❑ No Action ❑ Lost 2021-628 CATEGORY.• Contracts, Lease& Agreements DEPARTMENT. Town Attorney West Group Agreeinent Flnancial1111pacr A.1420.4.100200 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Westlaw Order Forms between the Town of Southold and West Group regarding a 36-month agreement for the Government Select PRO Flex Plan for the Town Attorney's Office in connection with legal research. on-line CLE classes for all Southold Town Board Regular Meeting August 10, 2021 page 4 attorneys, and all legal books at a cost of$1,135.01 per month, subject to the approval of the Town Attorney and funded from budget line- A.1420.4.100.200 Vote Recoi=d-Resolution RES=2021-628, 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled — - Sarah E Nappa j Mover 0 ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt lames Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Till Doherty Seconder 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio # Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter ❑ ❑ ❑ 0 ❑ Supt Hgwys Appt Scott A Russell i Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2021-629 CATEGORY: Refund DEPARTMENT: Zoning Board of Appeals Refund-Zuhoski, Bill RESOLVED, that the Town Board of the Town of Southold hereby grants a refund to the following applicant; as the Zoning Board of Appeals has been notified that the applicant has withdrawn his application. Zuhoski Pool Care $250.00 ZBA # 7528 P.O. Box 867 Mattituck, NY 11952 Vote Record.-Resolution RES-'2021-629- El ES=202]-629 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nlay Abstain Absent ❑ Tabled ❑ Withdrawn Sarah E Nappa Voter 0 ❑ ❑ ❑ ,lames Dimzio Jr ; Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt El Tax Receiver's Appt Jill Doherty Seconder 0 ❑ 11 ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter ❑ ❑ ❑ 0 ❑,Supt 1-12N\ys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2021-630 Southold Town Board Regular Meeting August 10, 2021 page 5 CATEGORY: Refund DEPARTMENT. Zoning Board of Appeals Refund-Zoitas,Andreas RESOLVED, that the Town Board of the Town of Southold hereby grants a refund to the following applicant; as the Zoning Board of Appeals has been notified that the applicant has Amended his application. Andreas Zoitas $2,000.00 ZBA# 7525 1470 Grandview Drive Orient,NY 11957 ,,✓Vote Record-Resolution RES-2021-630, _ - Rl Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Sarah E Nappa I Voter D ❑ ❑ i ❑ James Dimzio Jr 1 Voter ❑ ❑ ❑ I ❑ ❑ Supervisor's Appt 7 1 El Receiver's Appt )dl Doherty i Mover ❑ ❑ ❑ Rescinded Robert Ghosio Seconder Z ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter El ❑ ❑ D ❑ Supt Hgwys Appt Scott A Russell Voter D ❑ ❑ # ❑ ❑ No Action ❑ Lost 2021-631 CATEGORY. Refund DEPARTMENT. Zoning Board of Appeals Refund-Sanchez, Ronald RESOLVED, that the Town Board of the Town of Southold hereby grants a refund to the following applicant; as the Zoning Board of Appeals has been notified that the Notice of Disapproval has been amended; therefore, amending variance relief requested. Ronald Sanchez $1.000.00 ZBA # 7534 18 Spruce Park Syosset, NY 11791 Vote Record-Resolution RES-2021-631 Adopted Yes/Aye No/Nay Abstain ( Absent ❑ Adopted as Amended Sarah L Nappa Voter El El❑ ❑ Defeated ❑ Tabled James Dmizio Jr Voter ❑ ❑ ❑ Withdrawn .till Doheriv Seconder D ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Mover ❑ ❑ ❑ Southold Town Board Regular Meeting August 10, 2021 page 6 ❑ Tax Receiver's Appt Louisa P Evans j Voter ❑ ❑ ❑ 0 ❑ Rescinded Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt H-Nvys Appt ❑ No Action ❑ Lost 2021-632 CATEGORY.• Employment-Town DEPARTMENT. Accounting Accepts Resignation of Patricia Faulkner RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Patricia Faulkner from the position of Part Time Senior Citizen Aide II effective July 30, 2021. Vote Reeot'd=Rablution RES-2021-632 . 0 Adopted ❑ Adopted as Amended ❑ Defeated � Yes/Aye No/IVay Abstain I Absent ❑ Tabled Sarah E Nappa i Mover 0 ❑ El El El Withdrawn ❑ Supervisor's Appt James Dimzto Jr l Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty 1 Seconder 0 _ El ❑ ❑� ❑ Rescinded Robert Ghosio E Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans f Voter ❑ ❑ ❑ 0 ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2021-633 CATEGORY. Surplus Egwpment DEPARTMENT. Police Dept Police Departnneni- RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for two (2) consecutive weeks for the following used vehicles which are all located at Police Headquarters in Peconic. LOT A (Minimum bid 5300) Asset #4363 2014 Ford Taurus VIN# 1FAHP2MK2EG127599 Asset 44497 2015 Ford Taurus VIN# I FAHP2MK I FG 126220 l Southold Town Board Regular Meeting August 10, 2021 page 7 Asset 44365 2014 Ford Taurus VIN#1FAHP2MK7EG125801 LOT B (Minimum bid $300) Asset #4364 2014 Ford Taurus VIN#1FAHP2MK5EG125800 Asset#4339 2013 Ford Taurus VIN#1FAHP2M88DG201710 Asset #4479 2015 Ford Taurus VIN#1FAHP2MK1FG126217 LOT C (Minimum bid $600) Asset #3929 2010 Ford Crown Victoria VIN#2FABP7BVI AX 101515 Asset#4143 2011 Ford Crown Victoria VIN#2FABP7BV1BX169962 Asset#4214 2011 Ford Crown Victoria VIN#2FABP7BV8BX180814 Asset#4217 2011 Ford Crown Victoria VIN#2FABP7BV5BX180897 ✓Vote Record-Resolution-RES-202]-633 - 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain i Absent ❑ Tabled -•--- ___ ________ ___ ; ❑ Withdrawn Sarah E Nappa Voter z ❑ ❑ j El ❑ Supervisor's Appt .lames Dimzio Ir i Mover ❑ ❑ j El ❑ Tax Receiver's Appt .till Doherty � Seconder EI ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's ApptLouisa P Evans Voter ❑ ❑ ❑ D ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2021-634 CATEGORY.• Budget Modification DEPARTMENT: Human Resource Center 2021 Budget Modification-HRC Financial Impact: To move finds to cover costs for an outdoor freezer awning required by the Suffolk Counly Health Dept. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2021 General Fund Whole Town budget as follows: From: A.6772.1.200.100 Part time Employees Regular Earnings $1.000 Total: $1,000 Southold Town Board Regular Meeting August 10, 2021 page 8 To: A.6772.4.400.600 Contracted Services Equipment Maint/Repair $1,000 Total: $1,000 /Vote Record-Resolt fion RES-202J-634„,d Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Sarah E Nappa 1 Voter 9 ❑ ❑ ; ❑ ❑ Supervisor's Appt James Dmizio Jr I Voter D ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty i Mover 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio j Seconder D ❑ ❑ i ❑ ❑ Town Clerk's Appt Louisa P Evans Voter El El0 j ❑ Supt Ho, Appt Scott A Russell Voter 2 ❑ ❑ ❑ ❑ No Action ❑ Lost 2021-635 CATEGORY.• Landfill Misc. DEPARTMENT. Solid Waste Management District Adopt Local Solid Waste Management Plan WHEREAS, the Southold Town Board has completed the Town of Southold Local Solid Waste Management Plan (LSWMP); and WHEREAS, the Southold Town Board, pursuant to State Environmental Quality Review Act (SEQRA) 6 NYCRR, Part 617, has determined that the proposed action is a Type I action pursuant to 617.4(b)(1) "the adoption of a municipality's land use plan, the adoption by any agency of a comprehensive resource management plan or the initial adoption of a municipality's comprehensive zoning regulations;” and WHEREAS, the Southold Town Board performed a coordinated review of this Type I Action pursuant to 6 NYCRR Part 617, Section 617.7 of the State Environmental Quality Review Act (SEQRA); and WHEREAS, no objection to the Southold Town Board taking Lead Agency for the action was received; and WHEREAS, the Town of Southold Local Waterfront Revitalization Program (LWRP) Coordinator reviewed this application, and has recommended the proposed project be found consistent with the policies of the Southold Town LWRP; therefore. be it Southold Town Board Regular Meeting August 10, 2021 page 9 RESOLVED, the Southold Town Board hereby declares itself Lead Agency for the SEQRA review of this action; and be it further RESOLVED, that the Southold Town Board has determined that this proposed action is consistent with the policies of the Town of Southold LWRP; and be it further RESOLVED, that the Southold Town Board, pursuant to State Environmental Quality Review Act (SEQRA) 6 NYCRR, Part 617, hereby makes a determination of significance for the proposed action and grants a Negative Declaration for the adoption of the Town of Southold Local Solid Waste Management Plan; and be it further RESOLVED, that the Southold Town Board adopts the Town of Southold Local Solid Waste Management Plan and will implement and maintain the solid waste management system as described in the final LSWMP and that the Town will submit biennial updates. .✓Vote Record=Resolution RES-202]=63_5" - El Adopted ❑ Adopted as Amended El Defeated i Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Sarah E Nappa Voter D ❑ ❑ ❑ ❑ Supervisor's Appt ,lames Dmizio Jr Voter D ❑ ❑ ❑ ❑ Tax Receiver's Appt Idl Doherty Seconder 0 ❑ ❑ El ❑ RescindedRobert Ghosio Mover ID ❑ El El ❑ Town Clerk's Appt Louisa P Evans Voter ❑ ❑ ❑ 0 ❑ Supt H.-wvs Appt Scott A Russell j Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2021-636 CATEGORY.• Special Events DEPARTMENT. Town Clerk Annual Boy Scotty Car Shotit, Fi771/77CIaI Impact. Cost Analysis: $224.00 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Boy Scout Troop 6 to hold its 31St Annual Antique Car Show on Friday, September 3 and Saturday, September 4, 2021 (rain date Sunday September 5, 202 1) from 7:00 AM to 4:00 PM at the Peconic Lane Community Center; Peconic Lane, Peconic, provided they file with the Town Clerk a Two Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and comply with all the provisions of the Town's Special Permit Policy. All fees associated with this approval shall be waived, with the exception of the clean-up deposit. ✓Vote Record-Resolution RES-2021-636 0 Adopted Yes/Ayc No/Na\ kbstain Absent ❑ Adopted as Amended Southold Town Board Regular Meeting August 10, 2021 page 10 ❑ Defeated Sarah E Nappa Mover 0 ❑ ❑ 1 ❑ ❑ Tabled James Dtmzio Jr Voter 0 ❑ ❑ i ❑ ❑ Withdrawn Jill Doherty Seconder D ❑ ❑ } ❑ ❑ Supervisor's Appt Robert Ghosio i Voter ❑ ❑ j ❑ ❑ Tax Receiver's Appt Louisa P Evans ' Voter ❑ ❑ ❑ { 0 ❑ Rescinded Scott A Russell Voter ❑ ❑ { ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2021-637 CATEGORY. Special Events DEPARTMENT. Town Clerk American Legion Car Show RESOLVED that the Town Board of the Town of Southold hereby grants permission to the American Legion Griswold-Terry-Glover Post 803 to hold an Antique Car Show on August 29, 2021 from 9:00 AM to 4:00 PM at the American Legion, Main Road, Southold and a partial closure of Tuckers Lane, provided the applicant: files with the Town Clerk a Two Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured; complies with all the provisions of the Town's Special Permit Policy, and; complies with all current, or as may be amended, Executive Orders issued by the Governor of the State of New York in response to the COVID-19 pandemic. All fees associated with this approval shall be waived, with the exception of the clean-up deposit. ✓Vote Record=kes"olutiou RES-2021-637 Z Adopted ❑ Adopted as Amended ❑ Defeated 1'esLk)e No/Nay Abstain j Absent ❑ Tabled ❑ Withdrawn Sarah E Nappa Voter 0 ❑ ❑ i ❑ El Supervisor's Appt .lames Dimzio Ir Mover 0 El El ❑ Tax Receiver's Appt till Doherty Seconder 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter H ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter ❑ ❑ ❑ 0 ❑ Supt Hgwvs Appt Scott A Russell Voter 0 ❑ ❑ ? ❑ ❑ No Action ❑ Lost 2021-638 CATEGORY.• Ratify Fishers Island Reso DEPARTMENT. Fishers Island Ferry District Southold Town Board Regular Meeting August 10, 2021 page 11 FIFD 7/19/21 Meeting Resolution Ratifications RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolutions of the Fishers Island Ferry District Board of Commissioners dated July 19, 2021 meetings, as follows: FIFD Resolution# Regarding 2021 ? 118 Budget Mod 2021 ? 120 Legal 2021 ? 121 Insurance 2021 ? 122 EE Passage ✓:Vote°Record-Resolution RES-2027=618' R1 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled _ ❑ Withdrawn Sarah E Nappa ( Voter 121 ❑ ❑ 1 ❑ ❑ Supervisor's Appt James Dmizio Jr Voter ❑ ❑ ❑ ; ❑ ❑ Tax Receiver's Appt Jill Doherty Mover D ❑ ❑ ❑ ❑ Rescinded Robert Ghosio ! Seconder Z ❑ ❑ i ❑ ❑ Town Clerk's Appt Louisa P Evans j Voter ❑ ❑ ❑ 0 ❑ Supt Hgwys Appt Scott A Russell Voter ❑ ❑ ❑ ❑ ❑ No Action - ❑ Lost 2021-639 CATEGORY: Public Service DEPARTMENT. Town Clerk Appoint a Teinporar y Marriage Officer RESOLVED that the Town Board of the Town of Southold hereby appoints Robert I. Scott, Jr, as a Temporary Marriage Officer for the Town of Southold, on October 2, 2021 only, to serve at no compensation. ,/Vote Record-Resolution-RES-2021-639,`.n. " Q Adopted ❑ Adopted as Amended Yes/A-'e No/Na) Abstain Absent ❑ Deteated Sarah E Nappa Voter 10 ❑ ❑ ❑ ❑ Tabled lames Dmizio Ir Voter R] ❑ ❑ ❑ ❑ Withdrawn Jill Dohertv Seconder 0 ❑ ❑ ❑ ❑ Supeivisor's Appt Robert Ghosio Mover D ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Voter ❑ ❑ ❑ 0 ❑ Rescinded Scott A Russell Voter ❑ ❑ ❑ 11 Town Clerk's Appt Southold Town Board Regular Meeting August 10, 2021 page 12 ❑ Supt Hawys Appt ❑ No Action ❑ Lost 2021-640 CATEGORY.• Contracts, Lease&Agreements DEPARTMENT.• Town Attorney Canon Financial Services -PD Copier Financial Impact A 1680 4.400.360. RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a renewal of the copier lease with Canon Financials Services, Inc. for the Southold Police Department Copier at a rate of One Hundred Fifty Dollars and Nine Cents ($150.09)per month, subject to the approval by the Town Attorney, funded from budget line A.1680.4.400.360. -/Vete Record-Re`s"'olulion RES=2021=-640 0 Adopted ❑ Adopted as Amended ❑ Defeated -j -- -- - - Yes/Aye No/Nay Abstain ; Absent ❑ Tabled ❑ Withdrawn Sarah E Nappa f Mover ❑ ❑ ❑ ❑ ❑ Supervisor's Appt James Duuzio.lr Seconder 10 11 ❑ ❑ Tax Receiver's Appt till Doherty Voter ❑ _ ❑ I ❑ ❑ Rescinded Robert Ghosio Voter ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter ❑ ❑ ❑ # 0� ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost - - - - - - - - - - - - - -- - - - 2021-641 CATEGORY.• Contracts, Lease& Agreements DEPARTMENT: Town Attorney Conifer Realty and Connnnnaity Developneni Trust Loan Agreement Financial Impact: subordination agreement related to the terms of the loan RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a subordination aoreement related to the terms of the loan between Conifer Realty and Community Development Trust for the construction of affordable housing in connection with the site plan application known as "Vineyard View" pursuant to section 34-6(E) of the Town Code and previously approved under Resolution No 2018-1016, subject to the approval of the Town Attorney. Southold Town Board Regular Meeting August 10, 2021 page 13 ✓Vote Rec6ril-Resolutioi"RES=2021=641' 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye e No/Na Abstain � y y ( Absent ❑ Tabled ❑ Withdrawn Sarah E Nappa Seconder 0 ❑ ❑ ❑ ❑ Supervisor's A t James Dmizio Jr I Mover ❑ ❑ El ] Tap Receiver's Appt Jill Doherty Voter D ❑ ❑ j ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ j ❑ ❑ Town Clerk's Appt Louisa P Evans j Voter 1111❑ D El Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2021-642 CATEGORY.- Special Events DEPARTMENT: Town Attorney Special Events Laurel Lake Vineyard 2021 -42 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Christopher Richards, East End Events Catering to hold Special Event 2021-42 at the Laurel Lake Vineyard, 3165 Main Road, Laurel,New York as applied for in Application LLV8a-f for six (6) wine and food pairing events: August 20, August 21, August 22, August 27, August 28 and August 29, 2021 from 12:00 PM to 6:00 PM. Provided the permittee adheres to the following condition: Construction areas must be made off-limits to attendees of the special events. Parking,portable bathroom trailers, tents and other areas where the public and/or attendees will be parking, walking or gathering must be safely separated from the construction area. And furthermore, they adhere to conditions on the application; permit and to the Town of Southold Policy for Special Events. This permit is subject to revocation if the applicant fails to comply with any of the conditions of the approval or is unable to properly control traffic flow into and out of the event. ✓Vote Record-Resolutipn RES-2021-642 0 Adopted ❑ Adopted as Amended 1 es/AN e No/Nay Abstain Absent ❑ Defeated Sarah E Nappa Voter D ❑ ❑ ❑ ❑ Tabled James Duuzio Jr Voter D ❑ ❑ ❑ ❑ Withdrawn till Doherty Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Voter ❑ ❑ ❑ 0 ❑ Rescinded Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Southold Town Board Regular Meeting August 10, 2021 page 14 ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2021-643 CATEGORY: Budget Modification DEPARTMENT: Accounting 2021 Budget Modification- Town Board Financial Impact: To move finds to cover 2021 costs for Peconic Estuary Program RESOLVED that the Town Board of the Town of Southold hereby modifies the 2021 General Fund Whole Town budget as follows: From: A.1990.4.100.100 Unallocated Contingencies $24,500 Total: $24,500 To: A.1010.4.500.300 Environmental Contracted Services $24,500 Total: $24,500 Vora-Record-,Resolution R)CS-2021=643 0 Adopted ❑ Adopted as Amended ❑ Defeated ---•-- .-__._ _____ ____ _ Yes/Aye No/Nay Abstain Absent ❑ Tabled _ — ❑ Withdrawn Sarah E Nappa Seconder _❑ ❑ _ ❑ ❑� El Supervisor's Appt James Duuzio Jr Voter 121 El Ii Till Doherty ! Voter M ❑ El El❑ Tax Receiver's Appt ❑ Rescinded Robert Ghosio ! Mover D ❑ ❑ El ❑ Town Clerk's Appt Louisa P Evans i Voter ❑ ❑ ❑ 0 El Supt Hgwys Appt Scott A Russell C Voter D ❑ ❑ ❑ ❑ No Action ❑ Lost 2021-644 CATEGORY.• Refund DEPARTMENT: Town Clerk Refired Parking Permit Fee RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund in the amount of$300.00 to Vasiliki Daskalakis, 2070 36th Street, Astoria, NY 11105 fora Non- Southold Town Board Regular Meeting August 10, 2021 page 15 Resident Beach Parking Permit that is not being honored in 2021. ✓%Vofe] ecoid-AesplutipnRl 5,202 -6i4 -a= 0 Adopted ❑ Adopted as Amended ❑ Defeated - -- - - •- - - •- - __ _____ Yes/Aye No/Nay Abstain Absent ❑ Tabled __ _ ❑ Withdrawn Sarah E Nappa Mover 0 El j ❑ 11 Supervisor's Appt James Dmizio Jr Seconder 0 ❑ ❑ # ❑ El Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ; ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter ❑ ❑ ❑ j 0 ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2021-645 CATEGORY.• Close/Use Town Roads DEPARTMENT: Town Clerk Cutchogue Fire Department's Stuff the Sleigh 5K Financial Impact:Police Department cost = 8854.48 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Cutchogue Fire Department to use the following route: New Suffolk Road, Grathwohl Road, Fanning Road, 5th Street, King Street, 4"' Street, and Orchard Street to hold its Annual Sleigh 5K in Cutchogue, on December 12, 2021 beginning at 9:00 AM,provided they adhere to the Town of Southold Policy for Special Events on Town Properties and Roads. All Town fees for this event, with the exception of the Clean-up Deposit. are waived. Vote`Reeokd-"Resolution RES-2021,-645 °„ 0 Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain [ Absent ._ ❑ Withdrawn Sarah E Nappa Voter 0 ❑ _D _� ❑ ❑ Supervisor's App[ James Dinizio Jr Mover D ❑ ❑ ! El- El Tax Receiver's Appt Jill Dohertv Seconder 0 El E] 1 ❑ ❑ Rescinded Robert Ghosto Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter ❑ ❑ ❑ 0 ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2021-646 CATEGORY: Refund Southold Town Board Regular Meeting August 10, 2021 page 16 DEPARTMENT: Town Clerk Various Clean Up Deposits WHEREAS the following groups have supplied the Town of Southold with a refundable Clean- up Deposit fee, for their events and WHEREAS the Southold Town Police Chief, Martin Flatley, has informed the Town Clerk's office that this fee may be refunded, now therefor be it RESOLVED that Town Board of the Town of Southold hereby authorizes a refund be issued in the amount of the deposit made to the following Name Date Received Amount of Deposit North Fork Country Club 5/20/21 $250.00 George Haase, Jr Po Box 725 Cutchogue,NY 11935 Mattituck Chamber of Commerce 5/20/21 $250.00 Kelly Fogarty PO BOX 1056 Mattituck,NY 11952 ,/-Vote-Record=Resolution RES2021-646, 0 Adopted ❑ Adopted as Amended ❑ Defeated �__ ___ _ _ _ Yes/Aye No/Nay Abstain Absent ❑ Tabled -- -- ❑ Withdrawn Sarah E Nappa j Voter 0 ❑ El lames Dmizio Jr Voter 0 ❑ El ❑ El Supervisor's Appt .. �. ' ❑ Tax Receiver's Appt Jill Doherty �� Mover ❑ ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder Rl ❑ El ❑ Town Clerk's Appt Louisa P Evans Voter ❑ ❑ ❑ 0 ❑ Supt Hgwys Appt Scott A Russell Voter Rl El0 El ❑ No Action ❑ Lost 2021-647 CATEGORY. Budoet Modification DEPARTMEINIT. Human ReSOUrce Center 2021 Budget Modification-HRC Financial Impact To reallocatehinds to purchase a commercial microwave, office chairs,first aid kit, portable refrigerators. Southold Town Board Regular Meeting August 10, 2021 page 17 RESOLVED that the Town Board of the Town of Southold hereby modifies the 2021 General Fund Whole Town budget as follows: From Appropriations A.6772.4.100.150 Contractual Expense Disposables $1,195 Total $1,195 To: Appropriations A.6772.2.500.200 Other Equipment Chairs $450 A.6772.2.500.700 Other Equipment Kitchen Equipment 150 A.6772.4.100.110 Contractual Expense Program Supplies & Materials 500 A.6772.4.100.800 Contractual Expense First Aid Supplies 95 Total $1,195 ✓Vote Reeord,, esolutionmRES-2021-647 EI Adopted ❑ Adopted as Amended ❑ Defeated - "" "" _ Yes/AyeNo/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Sarah[ Nappa Voter 2 El ElElE El Supervisor's Appt lames Durizio Jr Voter 2 ❑ ❑ ! ❑ " El Tax Receiver's Appt till Doherty Seconder 0 ❑ El El ❑ Rescinded Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt LOmSa 1' E\ails Voter ❑ ❑ ❑ D ❑ Supt Hgwys Appt Scott A Russell Voter D ❑ ❑ ( ❑ ❑ No Action ❑ Lost 2021-648 CATEGORY: Budget Modification DEPARTMENT. Accounting 2021 Budget Modrficatio>7-HRC Fi»ancial Impact:Allocate donations to progi-aiu lme RESOLVED that the Town Board of the Town of Southold hereby modifies the 2021 General Southold Town Board Regular Meeting August 10, 2021 page 18 Fund Whole Town budget as follows: Increase Revenues: A.2705.40 Other Donations $4,540 Total $4,540 Increase Appropriations: A.6772.2.500.600 Senior Program Equipment $4,540 Total $4,540 /,Vote Record-Resolution RES-1021-648""' 0 Adopted ❑ Adopted as Amended ❑ Defeated -- - - - -- _�-- Yes/Aye No/Nay Abstain Absent ❑ Tabled Sarah E Nappa Mover 0 ❑ ❑ ; El Withdrawn ❑ Supervisor's Appt .lames Dimzio Jr � Seconder 0 ❑ El ❑ E El Tax Receiver's Appt Jill Doherty Voter 0 ❑ El ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter ❑ ❑ ❑ 0 ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2021-649 CATEGORY: Affordable Housing DEPARTMENT.• Town Clerk Set Pricing for Affordable Housing Units RESOLVED that the Town Board of the Town of Southold hereby sets the maximum initial sales price and maximum allowable monthly rent for 2021 for affordable housing units as follows: Home Purchase Price May Not Exceed Households earning 80% or less of the HUD $259,800" median income for Nassau/Suffolk Households earning 100% or less of the HUD $324,750** median income for Nassau/Suffolk Households earning 120% or less of the HUD $389,700*** median income for Nassau/Suffolk * 2.5 times the 80% median income family of four -Nassau/Suffolk County ($103,920) Southold Town Board Regular Meeting August 10, 2021 page 19 **2.5 times the 100% median income family of four-Nassau/Suffolk County ($129,900) ***2.5 times the 120%median income family of four-Nassau/Suffolk County ($155,880) Monthly Rental Amounts May Not Exceed (utilities may or may not be included) Efficiency $ 1343*** One Bedroom $ 1659*** Two Bedroom $ 2045*** Three Bedroom $ 2606*** Four Bedroom $ 2896*** *** represents HUD fair market rental RESOLVED that pursuant to Chapter 240-10-B(2)(c)[2][a] of the Town Code, the Town Board of the Town of Southold hereby sets $259,800 as the amount of payment required per housing unit for Moderate Income Family Dwellin>?Units not built within the Town of Southold's inclusionary zoning requirements. Said amount reflects two times the Nassau/Suffolk median income for a family of four in accordance with the Long Island Workforce Housing Act. ,,K' e tecor�=Resolution,RES-2021-649 " El Adopted ❑ Adopted as Amended ❑ Defeated _ Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Sarah E Nappa j Seconder D ❑ ❑ j ❑ El Supervisor's Appt James Dinizio Ir j Mover 0 ❑ ❑ ❑ , ❑ Tax Receiver's Appt fill Dohertv + Voter 0 ❑ ❑ El ❑ Rescinded Robert Ghosio { Voter CSI ❑ ❑ ❑ ❑ Town Clerk's Appt Lomsa P Evans i Voter ❑ ❑ ❑ i 10 ❑ Supt Hgwys Appt Scott A Russell I Voter Rl El El El ❑ No Action ❑ Lost 2021-650 CATEGORY. Committee Resignation DEPARTMENT. Town Clerk Accept Resignation -Hughe.s Resolved that the Town Board of the Town of Southold hereby accepts the resignation of Brian J. Hughes as a member of the Southold Community Joint Justice Review and Reform Task Force effective immediately. .,/,Vote Record=Resolution RES-2021-650 RI Adopted Yes/Aye No/Nav Abstain Absent ❑ Adopted as Amended Sarah Nappa Voter {p -__O_____T_ _O..__ El 0 Defeated lames Dmizio Jr Voter [a ❑ ❑ ❑ Southold Town Board Regular Meeting August 10, 2021 page 20 ❑ Tabled Jill Doherty ; Mover 0 ❑ ❑ ❑ ❑ Withdrawn Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P Evans i Voter ❑ ❑ ❑ R ❑ Tax Receiver's Appt Scott A Russell Voter lZI ❑ ❑ i ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2021-651 CATEGORY. Committee Appointment DEPARTMENT: Town Clerk Community Outreach Implementation Working Group RESOLVED the Town Board of the Town of Southold hereby appoints the following individuals from the following groups to serve on the Community Outreach Implementation Working Group,to serve without compensation: Police Advisory Committee: Christopher North Kevin Foote Alternate: John Slattery Anti-Bias Task Force: Valerie Shelby Cindy Smith Alternate: Sonia Spar Two (2) Town Board Members to serve on a rotating basis out of the following five (5) Members: Supervisor Scott A. Russell Councilwoman Jill Doherty Councilwoman Sarah Nappa Councilman James Dinizio Councilman Robert Ghosio, Jr. Police Benevolent Association Members: Police Officer Alex Chenche Police Officer Nicole DiVello Sergeant Robert Haas Detective Kenneth Richert Chief of Police Martin Flatley ✓Vote Record-Resplution RES=2021-651" 0 Adopted -------- ------- - es/Aye No/Nay Abstain Absent 0 Adopted a,Amended _ _ _ _ Southold Town Board Regular Meeting August 10, 2021 page 21 ❑ Defeated Sarah E Nappa ; Voter 0 ❑ ❑ 1 ❑ ❑ Tabled lames Dmizio Jr (Voter 0 ❑ ❑ ❑ ❑ Withdrawn Jill Doherty ( Seconder 0 ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Mover 0 ❑ ❑ j ❑ ❑ Tax Receiver's Appt Louisa P Evans Voter ❑ ❑ ❑ j 0 ❑ Rescinded Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2021-652 CATEGORY. Contracts,Lease&Agreements DEPARTMENT: Engineering Change Order #2-Fishers Island Sidewalk Improvements Financial hripact. There is sufficient existing budget in K5410.2.400.200 to cover this change order RESOLVED that the Town Board of the Town of Southold hereby approves Change Order#2 to the contract for the Fishers Island Sidewalk Improvements with Mattern Construction, Inc. in the net amount of$12,940.00,pursuant to their proposal dated August 9, 2021, subject to the approval of the Town Attorney. V'Vote Record,-.Resolution RES-2021-652' "`��" -, 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain j Absent ❑ Tabled Sarah E Nappa f Mover 0 ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt lames Dmizio Ir Seconder 0 ❑ ❑ ❑ ` El Tax Receiver's Appt Jill Dohertv j Voter 0 ❑ ❑ ; ❑ ❑ Rescinded Robert Ghosio j Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter ❑ ❑ ❑ 0 ❑ Supt Haw)s Appt Scott A Russell ; Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2021-653 CATEGORY. Employment- Town DEPARTMENT: ACCOUIItlllg Appoint Gregory Koehler Grozindskeeper 1 RESOLVED that the Town Board of the Town of Southold hereby appoints Gregory Koehler to the position of Groundskeeper I for the Department of Public Works, effective August 12, Southold Town Board Regular Meeting August 10, 2021 page 22 2021, at a rate of$25.7908 per hour. Vote,Rccord:Res olutionRES-2021=653 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain j Absent El Tabled ❑ Withdrawn Sarah E Nappa Seconder Q ❑ ❑ ❑ .lames Dmizio Jr Mover Q ❑ ❑ l ❑ ❑ Supervisor's Appt ❑ Tax Receiver's Appt Jill Doherty Voter Q ❑ ❑ ; ❑ El RescindedRobert Ghosio Voter Q ❑ El El ❑ Town Clerk's Appt Louisa P Evans Voter ❑ ❑ ❑ Q ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2021-654 CATEGORY.• Employment-Town DEPARTMENT: Accounting Appoint HPC Coordinator RESOLVED that the Town Board of the Town of Southold hereby assigns Kim Fuentes to the duties of Historic Preservation Commission Coordinator, effective immediately, with a stipend of$6,000.00 per annum. ✓Vote Record-Resolution,RES 2021=654 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nav Abstain Absent ❑ Tabled Sarah E Nappa ? Voter Q ❑ ❑ ❑ ElWithdrawn James Dmizio Jr Voter Q ❑ El El_ ❑ Supervisor's Appt r El Tax Receiver's Appt Jill Dohertv { Mover Q 11 El ; El ❑ Rescinded Robert Ghosio Seconder Q ❑ ❑ 1 ❑ ❑ Town Clerk's Appt Louisa P Evans Voter ❑ ❑ ❑ i Q ❑ Supt Hawys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2021-655 CATEGORY.• Contracts, Lease &Agreements DEPARTMENT: Town Attorney Moa Csea Financial hnpact: Memorandum ofAgreeinew Southold Town Board Regular Meeting August 10, 2021 page 23 RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the Memorandum of Agreement signed July 6, 2021, between the Town of Southold and the Civil Service Employees Association Inc., Local 1000, AFSCME, AFL-CIO, Southold Unit 8785 ("the CSEA"). `✓Vote,Record-R'esol'ution RES 21-655,x 3fi- 0 Adopted ❑ Adopted as Amended ❑ Defeated x Yes/Aye No/N'ay Abstain Absent ❑ Tabled ❑ Withdrawn Sarah E Nappa j Voter _D ❑ _ ❑ ;- l7 El Supervisor's Appt James Dmizio Jr ; Voter 0 ❑ Elj El El Tax Receiver's Appt Jill Doherty —Seconder � ❑ ❑ El El Rescinded Robert Ghosio ( Mover ❑ ❑ ! ❑ ❑ Town Clerk's Appt Louisa P Evans Voter ❑ ❑ ❑ ; Q El Supt Hgwys Appt Scott A Russell j Voter d ❑ ❑ ❑ 0 No Action ❑ Lost 2021-656 CATEGORY: Local Law Public Hearing DEPARTMENT. Town Attorney PH 1015 7 00 Pin- COZ Battery Barlow Property WHEREAS, on August 11, 2015 the Town Board of the Town of Southold enacted a local law changing the zoning designation on property located on Fishers Island identified on the Suffolk County Tax Map as SCTM #1000-12-1-1.2, and known as the Battery Barlow Property, from the Residential Low-Density (R-120) Zoning District to the Affordable Housing District (AHD); and WHEREAS, pursuant to section 280-29 (F)(2)(a) of the Town Code upon request of the Town Board, on notice to the applicant, and for good cause shown, the establishment of an AHD District may be revoked 18 months after approval if work on the site has not commenced or the same is not being prosecuted to conclusion with reasonable diligence; and WHEREAS, the Town Board has received a request from the agent for the property owner requesting that the AHD District be revoked and revert back to the R-120 Zoning District; NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Southold is considering revoking the AHD Zoninc, District designation for the parcel known as SCTM 41000-12-1-1.2; and it is further Southold Town Board Regular Meeting August 10, 2021 page 24 RESOLVED that the Town Board of the Town of Southold establishes itself as lead agency; and it is further RESOLVED that the Town Board of the Town of Southold requests that the Planning Board prepare a report and recommendations on the proposed rezoning, including SEQRA and LWRP report and recommendations; and it is further RESOLVED that the Town Clerk of the Town of Southold is directed to forward the matter to the Suffolk County Planning Commission for a report and recommendations; and it is further RESOLVED that pursuant to the requirements of Section 265 of the New York State Town Law and the Code of the Town of Southold, Suffolk County,New York, the Town Board of the Town of Southold will hold a public hearing on the aforesaid revocation of zoning designation at Southold Town Hall, 53095 Main Road, Southold, New York, on the 511 day of October, 2021 at 7:00 p.m. The purpose of this Local Law is to change the Zoning District Designation of SCTM #1000-12-1-1.2 from Affordable Housing District (AHD) to Residential Low-Density (R-120); and it is further RESOLVED that the Town Clerk for the Town of Southold is directed to provide notice to the roperty owner of public hearing pursuant to Town Code section 280-29(F)(2)(a). Vote,Record-Resolution RES-2021-656 ;.> Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain I Absent ❑ Tabled 11 Withdrawn Sarah E Nappa Mover Q El 11 El James Dmrzio Ir Seconder 2 El ❑ El Supervisor's Appt El Tax Receiver's Appt Jill Dohertv Voter 0 ❑ El ❑ Rescinded Robert Ghosio Voter D ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter ❑ ❑ ❑ ❑ El Supt Hgwys Appt Scott A Russell Voter 2 El ❑ ❑ No Action ❑ Lost 2021-657 CATEGORY.• Ratify Fishers Island Reso. DEPARTMENT. Fishers Island Ferry District FIFD 812121 Meeting Resolution Rcnrficalio»s RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolutions of the Fishers Island Ferry District Board of Commissioners dated August 2, 2021 meetings, as follows: FIFD Southold Town Board Regular Meeting August 10, 2021 page 25 Resolution# Regarding 2021 - 123 Budget Modification 2021 - 125 Election Inspections 2021 - 126 Settlement ✓Yote Record-Re olutionrRES-2021„6�7��F;, . °�` �,�� ' _ _ '*�” . „ 2 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Sarah E Nappa ! Seconder 2 ❑ ❑ ❑ ❑ Supervisor's Appt James Dmizio Jr ( Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty j Voter 0 ❑ ❑ ❑ 11 Rescinded Robert Ghosio Voter D ❑ El ❑ Town Clerk's Appt Louisa P Evans Voter ❑ ❑ ❑ ( 0 ❑ Supt Hg,,vys Appt Scott A.Russell ( Voter ❑ ❑ f ❑ ❑ 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 7:20 P.M. in order to hold public hearings. RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER:Robert Ghosio, Councilman AYES: Nappa, Dinizio Jr, Doherty, Ghosio, Russell ABSENT: Louisa P. Evans Comments regarding resolution 658 and 659 SUPERVISOR RUSSELL: That concludes the public hearings. Are we prepared to vote? COUNCILMAN GHOSIO: We can if you want. SUPERVISOR RUSSELL: It's up to the Board. I don't know that the first one is worth hanging on to. COUNCILWOMAN DOHERTY: We might as well vote on that. SUPERVISOR RUSSELL: And this one we can decide as a Board. COUNCILWOMAN DOHERTY: Well, we can vote on it and get it started, continue to work on it as has been suggested. 2021-658 CATEGORY. Enact Local Law Southold Town Board Regular Meeting August 10, 2021 page 26 DEPARTMENT.• Town Clerk Enact 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 291h day of June, 2021, a Local Law entitled "A Local Law in relation to Amendments to Chapter 260, Vehicles and Traffic, in connection with Traffic and Pedestrian Safety" and Whereas the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefore be it Resolved that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to an Amendment to Chapter 260, Vehicles and Traffic, in connection with Traffic and Pedestrian Safety" reads as follows: LOCAL LAW NO. 13 of 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 Avenue Mattituck III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ,/Vote Record-Resolution RES-2021-658 - 1� Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Sarah E Nappa Seconder 0 ❑ ❑ ❑ ❑ Defeated .lames Dimzio Ir Voter 0 ❑ ❑ ❑ 0 Tabled fill Doherty Mover ❑ ❑ ❑ Southold Town Board Regular Meeting August 10, 2021 page 27 ❑ Withdrawn Robert Ghosio ! Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P Evans i Voter ❑ ❑ ❑ i D ❑ Tax Receiver's Appt Scott A Russell c Voter 121 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost Comments regarding resolution 659 SUPERVISOR RUSSELL: I just want to mention, first I want to agree that it's never a finished product, so we always have room for improvement, secondly, (inaudible) with regard to enforcement, you are right, we need to put more focus on that every time we make code changes. In the past it's always been challenging, we need to start rising to that challenge. 2021-659 CATEGORY.• Enact Local Law DEPARTMENT. Town Clerk ENACT LL Chapter 180, Noise WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 291h day of June, 2021, a Local Law entitled "A Local Law in relation to Amendments to Chapter 180, Noise, Prevention of" and Whereas the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefore be it Resolved that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to an Amendment to Chapter 180, Noise, Prevention of' reads as follows: LOCAL LAW NO. 14 of 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: 1. 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 Cit}, and suburbs and which has even encroached into many resort areas on the East End. Crafting of regulations that are Southold Town Board Regular Meeting August 10, 2021 page 28 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 problern 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. CONSTRUCTION DEVICE Any powered device or equipment designed and intended for use in construction. Examples of construction devices are air compressors, bulldozers, backhoes, trucks, shovels, derricks and cranes. dB(A) The A-weighted sound level in decibels, as measured by a general-purpose sound-level meter complying with the provisions of the American National Standards Institute specifications for sound-level meters, properly calibrated and operated on the A-weighing network. DECIBEL ("dB") The unit for measuring the volume of a sound based upon the pressure level of a sound. For the purpose of this chapter, the standard reference pressure stated herein will be used to assure a consistent and standard reference for measuring sound. GAS POWERED LEAF BLOWER A portable, handheld or backpack style power equipment that is powered by fuel and used in any landscape maintenance. construction. property repair. or property maintenance for the purpose of blowing. moving. removing. dispersing, vacuuming or redistributing leaves. dust. dirt. grass clippings. cuttings, and trimmings from trees and shrubs or Southold Town Board Regular Meeting August 10, 2021 page 29 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' and trimming, also the gathering, raking, blowing, and/or removal of leaves, grass or lawn clippings and/or other debris, on any lot, plot or parcel of land. This includes regular maintenance as well as fall and spring clean-ups. NOISE POLLUTION Airborne or amplified sound which: A. Causes temporary or permanent hearing loss in persons exposed; or B. Is otherwise injurious, or tends to be, on the basis of current information injurious to the public health or welfare; or C. Disturbs a reasonable person of normal sensitivities; D. Exceeds standards or restrictions established herein; or E. Interferes with the comfortable enjoyment of life and property or the conduct of business. The following are deemed to interfere with the comfortable enjoyment of life and property or the conduct of business: (1) Yelling or shouting that disturbs the quiet, comfort or repose of person or persons residing or occupying an adjacent or neighboring property. (2) The using of, operating of or permitting to be played, used or operated, any radio, receiving set, musical instrument, phonograph, television set or other machine or device for the producing or reproducing of airborne or amplified sound in such a manner as to disturb the peace, quiet and comfort of the person or persons residing or occupying an adjacent or neighboring property. PERSON An individual, association, firm, syndicate, company, trust, corporation, department, bureau or agency or any other entity recognized by law as the subject of rights and duties. SOUND-LEVEL METER An instrument for the measurement of noise and sound levels including a microphone, amplifier; an output meter and frequency weighting networks which comply with standards established by the American National Standards Institute (ANSI) specifications for sound-level meters. § 180-7 Prohibited noises; evidence of violation. A. Notwithstanding the provisions of sections 180-5 and 180-6 the following acts are declared to be loud, disturbing and unnecessary noises in violation of this chapter: (1) The operation of any gas-powered leaf blower device by commercial landscapers performing commercial landscaping services during the following days and times shall be deemed noise pollution: (a) Mondaythrough Friday prior to 8:00 a.m. or after 6:00 p.m.; or (b) Saturday prior to 9:00 a.m. or after 5:00 p.m.; or Southold Town Board Regular Meeting August 10, 2021 page 30 (c) Sunday or holidays. In the event of an emergency as determined by the Town Supervisor, or the Supervisor's designee the restrictions set forth herein may be suspended. § 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. (10) Noncommercial public speaking or public assembly activities conducted on any public space or public right-of-way. (11) Emergency construction or repair work. (12) Noise from the activities of any fire department, ambulance squad or similar emergency or rescue organization in carrying out their official duties. (13) Noncommercial.amplified sound that does not exceed the noise standard established in § 180-6 of this chapter. (14) Emergency stationary and mobile signal devices. (15) Audible exterior burglar alarms in operation for 15 minutes or less. B. The provisions of§ 180-7 shall not apply to the following: (3) The use of gas-powered leaf blowers by connnercial landscapers performing commercial landscaping services at cemeteries, golf course, government and public school-owned properties. or in commercial and industrial zones § 180-89 Enforcement. The provisions of this chapter shall be administered and enforced by the Southold Town Police Department and the Southold Town Office of Code Enforcement. § 180-910 Penalties for offenses. Southold Town Board Regular Meeting August 10, 2021 page 31 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. 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. ✓iyote]teeor'd;='Resolutib(]RES-2021 09 E1 Adopted ❑ Adopted as Amended ❑ Defeated -- - — -- -------______ ____• _ _ __ _____ Yes/Aye No/Nay Abstain # Absent ❑ Tabled �------ - - - - • -- - - • ------------- ----- -- -- ❑ Withdrawn Sarah E Nappa ! Voter 0 ❑ ❑ ❑ James Dmizio Ir j Voter M El j ❑ ❑ Supervisor's Appt ' ❑ Tax Receiver's Appt Jill Dohertv Seconder Q El i ❑ ❑ Rescinded Robert Ghosio Mover 2 ❑ ❑ # ❑ ❑ Town Clerk's Appt Louisa P Evans Voter ❑ ❑ ❑ M ❑ Supt Hewys Appt Scott A Russell Voter ❑ ❑ ❑ ❑ No Action ❑ Lost VI. Public Hearinas 1. PH 8/10 7:00 Pm LL Chapter 260 Stop Sign 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 29t1i day of June, 2021, a Local Law entitled "A Local Law in relation to Amendments to Chapter 260, Vehicles and Traffic, in connection with Traffic and Pedestrian Safety" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will Southold Town Board Regular Meeting August 10, 2021 page 32 hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the 10th day of August, 2021 at 7:01 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to an Amendment to Chapter 260, Vehicles and Traffic, in connection with Traffic and Pedestrian Safety" reads as follows: LOCAL LAW NO. 2021 A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 260, Vehicles and Traffic, in connection with Traffic and Pedestrian Safety". BE IT ENACTED by the Town Board of the Town of Southold as follows: § 260-4 Stop intersections with stop signs. The following highway intersections are hereby designated as stop intersections and stop signs shall be erected as follows: Stop Sign On Direction of Travel At Intersection With Location (Hamlet) Madison Avenue South West Street Greenport 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. I have a copy of the notice that was in the Suffolk Times, the notarized affidavit that this was noticed on the town website and on the Town Clerk's bulletin board and that's it. SUPERVISOR RUSSELL: I would invite anyone that would like to comment on this particular local law to please feel free? (No response) RESULT: CLOSED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER:Robert Ghosio, Councilman AYES: Nappa, Dinizio Jr; Doherty, Ghosio, Russell ABSENT: Louisa P. Evans 2. PH 8/10 7:01 Pm Local Law Chapter 180 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 29`x' day of June, Southold Town Board Regular Meeting August 10, 2021 page 33 2021, a Local Law entitled "A Local Law in relation to Amendments to Chapter 180, Noise, Prevention of" 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 10th day of August, 2021 at 7:01 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to an Amendment to Chapter 180, Noise, Prevention of reads as follows: LOCAL LAW NO. 2021 A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 180, Noise, Prevention of". BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. 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 Southold Town Board Regular Meeting August 10, 2021 page 34 commercial landscaping services. COMMERCIAL LANDSCAPING The business or trade of rendering any landscaping services, as defined herein, either as principal, independent contractor, or through an agent or employee, for a fee, charge, or other compensation, to or for the benefit of any owner, tenant, or occupant of any lot, plot, or parcel of land. COMMERCIAL SERVICE EQUIPMENT All engine-powered or motor-powered equipment intended for infrequent service work in inhabited areas, typically requiring commercial or skilled operators. Examples of commercial service equipment are chain saws, log chippers, paving rollers. etc. CONSTRUCTION DEVICE Any powered device or equipment designed and intended for use in construction. Examples of construction devices are air compressors, bulldozers, backhoes, trucks, shovels, derricks and cranes. dB(A) The A-weighted sound level in decibels, as measured by a general-purpose sound-level rneter 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, Jay, President's Day. Memorial Day, the Fourth of July, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day and Christmas Day. HOMEOWNER'S LIGHT RESIDENTIAL OUTDOOR EQUIPMENT All engine-powered or motor-powered garden or maintenance tools intended for repetitive use in residential areas, typically capable of being used by a homeowner. Examples of homeowner's light residential outdoor equipment are lawn mowers, garden tools, riding tractors, snowblowers, snowplows, etc. LANDSCAPING The maintaining of and/or providing care of lawns. including but not limited to mowing, cutting and trimming, also the gathering, raking, blowing. and/or removal of leaves, grass or lawn clippers 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. Southold Town Board Regular Meeting August 10, 2021 page 35 (2) The using of, operating of or permitting to be played, used or operated, any radio, receiving set, musical instrument, phonograph, television set or other machine or device for the producing or reproducing of airborne or amplified sound in such a manner as to disturb the peace, quiet and comfort of the person or persons residing or occupying an adjacent or neighboring property. PERSON An individual, association, firm, syndicate, company, trust, corporation, department, bureau or agency or any other entity recognized by law as the subject of rights and duties. SOUND-LEVEL METER An instrument for the measurement of noise and sound levels including a microphone, amplifier, an output meter and frequency weighting networks which comply with standards established by the American National Standards Institute (ANSI) specifications for sound-level meters. § 180-7 Prohibited noises; evidence of violation. A. Notwithstanding the provisions of sections 180-5 and 180-6 the following acts are declared to be loud, disturbing and unnecessary noises in violation of this chapter: (1) The operation of any as-powered leaf blower device by commercial landscapers performing commercial landscaping services during the following days and times shall be deemed noise pollution: (a) Monday through Friday prior to 8:00 a.m. or after 6:00 p.m.; or (b) Saturday prior to 9:00 a.m. or after 5:00 p.m.; or (c) Sunday or holidays. In the event of an emergency as determined by the Town Supervisor, or the Supervisor's designee, the restrictions set forth herein may be suspended. § 180-78 Exceptions. A. The provisions of§ § 180-5 and 180-6 shall not apply to the following: (1) The intermittent or occasional use between 7:00 a.m. through 9:00 p.m. of homeowner's light residential outdoor equipment with mufflers or commercial service equipment, provided that such activities and such equipment and their use comply with the other provisions hereof. (2) Construction activities between 7:00 a.m. through 7:00 p.m. and the associated use of construction devices or the noise produced thereby, provided that such activities and such equipment and their use comply with the other provisions hereof. (3) Noise from agricultural equipment. (4) Noise from church bells or chimes used. (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 Southold Town Board Regular Meeting August 10, 2021 page 36 events held in accordance with all pertinent provisions of the Southold Town Code. (10) Noncommercial public speaking or public assembly activities conducted on any public space or public right-of-way. (11) Emergency construction or repair work. (12) Noise from the activities of any fire department, ambulance squad or similar emergency or rescue organization in carrying out their official duties. (13) Noncommercial amplified sound that does not exceed the noise standard established in § 180-6 of this chapter. (14) Emergency stationary and mobile signal devices. (15) Audible exterior burglar alarms in operation for 15 minutes or less. B. The provisions of§ 180-7 shall not apply to the following: (3) The use of as-powered leaf blowers by commercial landscapers performing commercial landscaping services at cemeteries, golf course, government and public school-owned properties, or in commercial and industrial zones § 180-89 Enforcement. The provisions of this chapter shall be administered and enforced by the Southold Town Police Department and the Southold Town Office of Code Enforcement. § 180-910 Penalties for offenses. A. Any person who shall violate any provisions of this chapter, except section 180-7 shall be guilty of a violation punishable by a fine not exceeding $500; and upon conviction of a subsequent offense, punishable by a fine not exceeding $2,500. If the violation is of a continuing nature, each one-hour period of violation of any provision of this chapter shall constitute an additional, separate and distinct offense. B. Any person who shall violate any provisions of section 180-7 of this chapter shall be Quilty 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. 13--. 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. I do have a copy of the public notice that was put in the New London Day as well as the Suffolk Southold Town Board Regular Meeting August 10, 2021 page 37 Times and I do have a signed notarized affidavit that this was advertised on the Town Clerks bulletin board and on the town website. That's all I have. SUPERVISOR RUSSELL: I would invite anyone that would like to address the Town Board on this particular local law? ROBERT DUNN: Robert Dunn, Peconic. Inaudible. What I do have a problem with, in general is our enforcement of the code and here we are talking about nights and Sundays. We don't have people working on nights and Sundays. Inaudible. Correct me if I am wrong, we are just banning leaf blowers here, so a guy can still cut grass on Sundays, correct? And he's going to get into an argument where somebody is going to say you are using your leaf blower and he is going to say no, I am just using my lawn mower. And there is nobody there to address it. The only way it can be addressed is after the fact and we are going to get into a he said-she said, we don't have a way to enforce these things as they happen (inaudible). And I mean, (inaudible). SUPERVISOR RUSSELL: We actually have code enforcement now that works weekends, also, I agree with you, a lot of the laws that we have passed are difficult to enforce. One of the most frustrating for me is the AirBn13 law,just as a side issue, but yes a lot of them are very difficult to enforce but one thing about laws, at least there is something on the books to have a benchmark on which to enforce. MR. DUNN: I agree with that by the way. SUPERVISOR RUSSELL: There's also a repetitive acts, in other words, the one or two visits because they are in violation or you believe they are in violation of the noise code, they are repetitive acts. Inaudible, we have found in other cases, so rather than violating the code every weekend, there might be a couple of trespasses on the code and then after that you start to see compliance. Not a perfect system. MR. DUNN: It's not but I've noticed that in a lot of your code it says that it can be enforced by the police department and no, they don't feel it's their job. I am assuming that, I am not speaking for anyone but you know, they believe (inaudible) maybe we need to give them more resource and then certainly, they have got a job to do already and you can't just through these other things but it becomes very frustrating for people when clearly it's a code violation and it goes on for months and months and it's not enforced. SUPERVISOR RUSSELL: One of the things, I think the police department will show up and they will try to mediate, and remember this is really geared to landscapers, these are daytime acts....... MR. DUNN: Well, (inaudible), after 4:30.... SUPERVISOR RUSSELL: 1 would agree. MR. DUNN: The police are busy, I mean, they have their things so I don't know what a solution Southold Town Board Regular Meeting August 10, 2021 page 38 is, all I know is we have a real big problem here. We are going to have code that we in fact are not able to enforce. SUPERVISOR RUSSELL: I agree. I just wanted to offer, the police department, I think it's not a question of them feeling like it's not their job... MR. DUNN: Oh, they are not going to come in and say I don't care..... SUPERVISOR RUSSELL: I know, I am just saying their historic tactic has been that we are going to play mediator, we are going to go out and ask them to turn the noise down or ask them to knock it off and I guess they have gotten compliance in the past that way but you are right, the problem is it's cyclical, it goes up, it goes down and we are aware of that with complaints we get with regard to loud music at restaurants and things. I understand what you are saying. COUNCILMAN GHOSIO: We do have a letter here in the file that someone would like me to read, it's from John and Jay McKasty of Orient. "Here are our comments about your proposed leaf blower code amendment. We propose a total ban on gas leaf blowers. Instead we propose the use of battery powered or electric powered leaf blowers and hedge clippers. There are many different types of these on the market now. The Sunday total leaf blower ban is justified. Today (a Sunday), at 8:00 AM one could be heard in our area. Your concern on how to handle public emergencies such as a tornado or hurricane or flash flooding is justified. Hopefully that can be resolved." Sincerely, the McKasty's. SUPERVISOR RUSSELL: Is there anybody else that would like to address the Town Board? INAUDIBLE: Good evening Supervisor Russell and members of the Town Board. My name is (inaudible), I am a current resident of East Marion. I wanted to thank you all for beginning to put something in motion on this issue. I personally have brought it up, we all know that the leaf blower issue is one in this community so I wanted to take time to say that I do support the current legislation, however, and its potential adoption, however, I believe the proposed legislation cannot be seen as a solution but as a starting point to further making changes for mitigating this problem. Inaudible. I am currently 23, 1 have witnessed the exponential rise in leaf blower use in general. This was a tool that began to be used in the fall for leaf season, it was used for a couple of weeks at a time and slowly that shifted into the spring, now into the summer and sometimes in the dead of winter. Which, if you look at the name, (inaudible). So, the quiet summers I used to know out here and,cherish, reading on my front porch are so interrupted with landscaping noise that I am spending most of my time inside. You can hear it at the beach, you can hear it on your front porch, you can hear it downtown. There essentially is no escape. When the people step outside for coffee in the morning at 7 AM or earlier. you are waking up and I feel like I have stepped out on some Manhattan avenue. Not this quiet rural community that I know to be my home. So why your regulations are a good start. I don't feel they are enough to adequately mitigate the problem that has arisen and this is no longer an issue of homeowners using leaf blowers for maybe 15 minutes to clear some mulch or landscaping, this is chronic and excessive use of gasoline powered leaf blowers and other industrial landscaping equipment being used chronically and excessively and disrupting the surrounding community. Not only are these tools Southold Town Board Regular Meeting August 10, 2021 page 39 disrupting which is the reason why many people get brought up into this issue,,they are also extremely polluting. Running a two stroke gasoline powered leaf blower for one hour creates as much CO2 emission as driving a Ford 150 Raptor from Texas to Alaska. That's insane. When we think about this emission problem through (inaudible) of climate change and we think about the world being left behind for my generation, for my future, we don't have the luxury of time on these issues. We have to make meaningful changes now. And I respect that we need hear all of the people involved and we have to have an adequate discussion on these issues but time is no longer a luxury that we have. Several east end municipalities, the Town of East Hampton, Southampton Village, East Hampton Village, they have had success in adopting and enforcing seasonal bans on gasoline powered leaf blowers in their communities and I feel Southold Town must follow their lead in order to effectively tackle this problem. I would like to again support the legislation that has been proposed today, I think it is valuable to have that`on the record, I think it is valuable to give the community something it is asking for but I want to reiterate that this is a starting point. It is not a solution to the problem. Thank you for your time this evening and I am hopeful that you will continue to pursue more effective solutions regarding this problem. Thank you very much. COUNCILMAN GHOSIO: Can I ask you a question? UNIDENTIFIED: Yes? COUNCILMAN GHOSIO: Can you go back to what you said about the CO emissions from the leaf blower and tell me what that was again? Just site the source please? UNIDENTIFIED: Yes, the source was Edmonds car facts. I acquired that information about a year ago and it was that running a gas powered leaf blower for one hour generates as much CO2 as a F-150 Raptor, so that was based on one year ago information, but I urge you to continue to research this issue because even if that number is no longer accurate, there are other numbers that show how much CO2 is produced by the engines that are used by leaf blowers, (inaudible), they are a two stroke engine and they are some of the most (inaudible). COUNCILMAN GHOSIO: Well, I have got to be honest with you, a gallon of gas only has so many BTU's period, and only so many emissions period, two stroke engine on a leaf blower, I just can't see how that could possibly have the same or more, the same emissions as a truck driving from Mexico to Alaska. I will look into that. But be that as it may, the rest of what you said I have no problem with, I just can't stand it when people say things like that and wait a minute, where did that come from? UNIDENTIFIED: I recognize that confusion, it does seem like a staggering statistic and I will admit if it is incorrect, I apologize, however, there is a lot of literature on this issue; there is continued evidence that showcases that two stroke gasoline powered engines are more polluting than a lot of current car, truck models that are on the market today. COUNCILMAN GHOSIO: Oh, I can definitely see on a per gallon basis, absolutely. That statistic is wild, I'll have to look into that. But in any event, thank you. Southold Town Board Regular Meeting August 10, 2021 page 40 COUNCILWOMAN NAPPA: Thank you very much for speaking up. I completely agree with you, I think this is definitely a starting point, this is not the end of the conversation, so thank you for expressing your opinions and I do hope we can get farther along with this at a very soon date. UNIDENTIFIED: Wonderful. Thank you. SUPERVISOR RUSSELL: Who else would like to address the Town Board on this local law? DENISE GEIS: Denise Geis, Mattituck. So we are considering commercial at this point not resident, correct? COUNCILWOMAN NAPPA: Correct. MS. GEIS: I think that we can only limit so many things though, I think that we have to learn to work together and common sense (inaudible) but I think as a government you can't possibly limit everything people do. That's why people move from cities out here, not to have such limits on everything. It just drives me insane when people come out here and they are like, oh, yeah we moved out here from the city or somewhere else and it's noisy in the city so we come out here for our second home and we want it to be quiet. Inaudible. It drives me insane, I have lived here my whole life and I do agree we need to work together and I do agree that at certain points we need to be kinder to each other and maybe not use a gasoline powered whatever when people are working or eating , it drives me insane that people come out here and think we should change the entire world for them. But I do agree we should work together but that was just my opinion. Thank you. SUPERVISOR RUSSELL: Who else would like to address the Town Board on this particular local law? UNIDENTIFIED: I would like to make my additional comment, I would also like to note that I have lived here my whole life and seeing the change from then versus now is something to note, so when we make changes, I think that there is a strong reason for us to think about where we were and where we are going. And to try and work together to make where we are going the most desired outcome. And one of the things I valued growing up out here was the quiet. Inaudible. Thank you. SUPERVISOR RUSSELL: Thank you. COUNCILWOMAN NAPPA: I just wanted to add one thing, I was able to find the source on Edmonds.com that she cited and the quote in the article is "to equal the hydrocarbon emissions of about a half hour of yard work with this two stroke leaf blower, you have to drive a Raptor for 3,887 miles or the distance from northern Texas to Anchorage, Alaska." COUNCILMAN GHOSIO: I would have to see the math on that, I am sorry. It just doesn't make sense to me. Southold Town Board Regular Meeting August 10, 2021 page 41 UNIDENTIFED: One burns oil. A two cycle is also burning oil. COUNCILMAN GHOSIO: Well, sure it is. UNIDENTIFIED: I agree with your math....... COUNCILMAN GHOSIO: Inaudible. SUPERVISOR RUSSELL: I will admit there are environmentally compelling reasons to reduce the use but then again on the flip side,they generally found that the lithium batteries end up in the waste stream. Nobody is recycling like they are supposed to, so good and bad on both sides. I agree with everything you said. I will tell you, I grew up out here too and the noise is becoming, it's not just people that are moving out that want us to change things, they also want us to adopt a noise code and then they want to pay $35 to get their grass cut. So it's a balancing act that's difficult for the town to come up with something that is perfect. But I agree we are getting there a step at a time. Not perfect yet but we are getting there. COUNCILWOMAN NAPPA: I will forward the article to the Board members. The math is in there. COUNCILMAN GHOSIO: Great,thank you. SUPERVISOR RUSSELL: Who else would like to address the Town Board on this local law? (No response) This hearing was closed at 7:41 PM RESULT: CLOSED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER:Sarah E. Nappa, Councilwoman AYES: Nappa, Dinizio Jr, Doherty, Ghosio; Russell ABSENT: Louisa P. Evans Closing Comments Supervisor Russell SUPERVISOR RUSSELL: Would anyone like to address the Town Board on any issue? (No response) Southold Town Board Regular Meeting August 10, 2021 page 42 Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 7:46 P.M. Eli eth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER:Robert Ghosio, Councilman AYES: Nappa, Dinizio Jr, Doherty, Ghosio, Russell ABSENT: Louisa P. Evans