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Home My WebLink AboutAG-10/05/2021 ELIZABETH A. NEVILLE Town Hall, 53095 Main Road TOWN CLERK PO Box 1179 Southold, NY 11971 REGISTRAR OF VITAL STATISTICS Fax (631) 765-6145 MARRIAGE OFFICER Telephone: (631) 765 - 1800 RECORDS MANAGEMENT OFFICER www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER AGENDA FINAL SOUTHOLD TOWN BOARD October 5, 2021 7:00 PM POLICY: At the beginning of scheduled Town Board meetings, the attending public is encouraged to briefly address the Town Board relating to agenda resolutions prior to their enactment; the public will also be given time at the conclusion of the regularly scheduled business agenda to address the Board on any given topic. ONLINE ACCESS: The Tentative Agenda is generally available the Friday before the meeting. The video of the meeting is usually available to watch live during the meeting. Minutes with adopted resolutions are available 1-2 days after the meeting. A full copy of the minutes, agenda and meeting video can be viewed by going to the official Town of Southold website: www.southoldtownny.gov and following either of the following: (1) Move pointer over “Government” on the Town website home page. You will find the title “Town Supervisor/Town Board”. Under this title you will see “Southold Town Board Meetings and Agendas”. or (2) Go to “How Do I”, in the right upper corner of the Town website home page, Choose “Access”, then “Southold Town Board Meetings and Agendas. Go to the date of the meeting and click on "Minutes Packet" this is the full copy of the resolutions. (Scroll to bottom of page for KEY to symbols). You can view the live video of the meeting by clicking on the camera symbol. All of this information is available 24/7. If you would like help navigating the site, please feel free to call my office 631-765-1800. Due to the expiration of the New York State Governor’s Executive Orders regarding the COVID-19 pandemic in-person access to the Public will now be permitted. The meeting will still be accessible via Zoom and streamed live on the Town’s website. The meeting can be viewed live by going to the Town’s website at www.southoldtownny.gov home page. Click on the “Government” tab, once the drop down menu appears, under “Town Supervisor/Town Board”, click on “Southold Town Board Minutes and Agendas” which takes the user to the Town of Southold Meeting Portal page. Once on the Meeting Portal page, click on “June 29, 2021 4:30PM” and then click on “Video”. A recording of the meeting will also air on Channel 22 and will be posted on the Town’s website Southold Town Meeting Agenda - October 5, 2021 Page 2 Instructions and link to attend the meeting will be available on the Town’s website or by calling the Town Clerk’s office at (631)765-1800. A telephone number will also be provided to allow members of the public to attend via telephone. Written comments and/or questions may also be submitted via email to the Town Clerk at elizabeth.neville@town.southold.ny.us and Lynda.rudder@town.southold.ny.us . Said comments and/or questions will be considered at the public hearing provided that they are submitted no later than 12:00 P.M. (Prevailing Time) on the day of the public hearing. Pursuant to the requirements of the Executive Order of the Governor of the State of New York, a transcript will be prepared of the public hearing, and a copy shall be filed with the Town Clerk and placed upon the Town's website. Please check the meeting Agenda posted on the Town’s website (www.southoldtownny.gov) for further instructions or for any changes to the instructions to access the public hearing, and for updated information. CALL TO ORDER 7:00 PM Meeting called to order on October 5, 2021 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Present Absent Late Arrived Councilwoman Sarah E. Nappa    Councilman James Dinizio Jr    Councilwoman Jill Doherty    Councilman Robert Ghosio    Justice Louisa P. Evans    Supervisor Scott A. Russell    I. REPORTS 1. Town Clerk Reports September 2021 Monthly 3rd Quarter 2. Zoning Board of Appeals Report September 2021 II. PUBLIC NOTICES 1. NYS Liquor Licenses New – Senor Taco Mexican Grill & Bar Renewal – Legends Restaurant Southold Town Meeting Agenda - October 5, 2021 Page 3 III. COMMUNICATIONS IV. DISCUSSION 1. 9:00 Am - Town Clerk Elizabeth Neville Presentation of the Supervisor’s Tentative Budget to the Town Board 2. PH 10/5 9:01 Am Harbor View Cottages, LLC Coastal Erosion 3. 9:30 Am - Michael Collins and Denis Noncarrow Project and Grant Updates 4. EXECUTIVE SESSION - Proposed Acquisition(S), Sale or Lease of Real Property Where Publicity Would Substantially Affect the Value Thereof 10:30 am - Melissa Spiro, Land Preservation Coordinator 5. EXECUTIVE SESSION - Litigation West Lake Association v. TOS Bashian v. TOS 6. EXECUTIVE SESSION - Town Attorney Discussion Regarding Current Code Investigation 7. EXECUTIVE SESSION - Labor- Matters Involving the Employment of a Particular Person Town Attorney re: Code Enforcement 8. Executive Session - Labor- Matters Involving the Employment of a Particular Person(S) Kristie Hansen-Hightower, Michelle Nickonovitz re: 2022 Personnel Budget Requests with Department Heads 12:00 Planning- Heather Lanza 12:15 Building Department- Mike Verity 12:30 Youth Bureau- Lynn Nyilas 12:45 Landfill- Jim Bunchuck 1:00 Assessors- Kevin Webster 1:15 Human Resource Center- Karen McLaughlin 1:30 Highway Department- Vincent Orlando 1:45 Trustees- Glenn Goldsmith 2:00 Town Clerk- Betty Neville 2:15 ZBA- Leslie Weisman 2:30 Justice Court- Leanne Reilly 2:45 DPW- Tim Abrams 3:00 Accounting- Kristie Hansen-Hightower Southold Town Meeting Agenda - October 5, 2021 Page 4 V. RESOLUTIONS 2021-759 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated October 5, 2021.  Vote Record - Resolution RES-2021-759 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent  Defeated Sarah E. Nappa      Tabled  Withdrawn James Dinizio Jr     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell      No Action  Lost 2021-760 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, October 19, 2021 at the Southold Town Hall, Southold, New York at 4:30 P. M..  Vote Record - Resolution RES-2021-760 Adopted  Yes/Aye No/Nay Abstain Absent Adopted as Amended  Defeated  Sarah E. Nappa     Tabled  James Dinizio Jr     Withdrawn  Jill Doherty      Supervisor's Appt  Tax Receiver's Appt Robert Ghosio     Rescinded  Louisa P. Evans     Town Clerk's Appt  Scott A. Russell     Supt Hgwys Appt  No Action  Lost  Southold Town Meeting Agenda - October 5, 2021 Page 5 2021-761 CATEGORY: Attend Seminar DEPARTMENT: Police Dept Police Department-Training Request RESOLVED that the Town Board of the Town of Southold hereby grants permission to Chief Martin Flatley to attend the 2021 NYSP Intelligence Summit in Fairport, NY from October 21-22, 2021. All related expenses to be a legal charge to the budget lines A.3120.4.600.225, A.3120.4.600.300 and A.3120.4.600.200.  Vote Record - Resolution RES-2021-761 Adopted   Adopted as Amended Yes/Aye No/Nay Abstain Absent  Defeated Sarah E. Nappa      Tabled Withdrawn  James Dinizio Jr     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans      Supt Hgwys Appt Scott A. Russell      No Action  Lost 2021-762 CATEGORY: Advertise DEPARTMENT: Town Clerk Advertise for SLDC Member RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk's office to advertise for two (2) consecutive weeks for a member of the Southold Local Development Corporation Board of Directors.  Vote Record - Resolution RES-2021-762 Yes/Aye No/Nay Abstain Absent Adopted  Adopted as Amended  Sarah E. Nappa      Defeated James Dinizio Jr      Tabled Jill Doherty     Withdrawn  Supervisor's Appt  Robert Ghosio     Southold Town Meeting Agenda - October 5, 2021 Page 6 Tax Receiver's Appt  Louisa P. Evans     Rescinded  Scott A. Russell      Town Clerk's Appt  Supt Hgwys Appt  No Action Lost  2021-763 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Solid Waste Management District Town of Babylon IMA Financial Impact: Ensures financial stability and on-Island disposal capacity for Southold's MSW through 2026. RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Intermunicipal Agreement between the Town of Southold and the Town of Babylon relating to the transportation and disposal of Southold Town’s municipal solid waste, subject to the approval of the Town Attorney.  Vote Record - Resolution RES-2021-763  Adopted Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled  Withdrawn  James Dinizio Jr     Supervisor's Appt  Jill Doherty      Tax Receiver's Appt Robert Ghosio      Rescinded  Town Clerk's Appt Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2021-764 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District 2021 Budget Modification: SWMD Financial Impact: Provides sufficient funds for re-supply of grinder tips and bolts; fuel pump and EGR valve for F-350 Southold Town Meeting Agenda - October 5, 2021 Page 7 RESOLVED that the Town Board of the Town of Southold hereby modifies the 2021 Solid Waste Management District budget as follows: From: SR 8160.4.100.650 Town Garbage Bags $4,660 Total $4,660 To: SR 8160.4.100.597 Maint/Supplies Morbark Grinder $3,460 SR 8160.4.100.622 Maint/Supplies Ford F350 1,200 Total $4,660  Vote Record - Resolution RES-2021-764 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled   Withdrawn James Dinizio Jr      Supervisor's Appt Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action   Lost 2021-765 CATEGORY: Employment - Town DEPARTMENT: Accounting Accepts Resignation of Mirian Ramirez-Aragon RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Mirian Ramirez-Aragon from the position of Part Time Food Service Worker for the Human Resource Center effective close of business October 1, 2021.  Vote Record - Resolution RES-2021-765  Adopted Yes/Aye No/Nay Abstain Absent  Adopted as Amended Sarah E. Nappa      Defeated James Dinizio Jr     Tabled  Withdrawn Jill Doherty      Supervisor's Appt  Robert Ghosio     Tax Receiver's Appt  Louisa P. Evans     Rescinded  Scott A. Russell      Town Clerk's Appt Southold Town Meeting Agenda - October 5, 2021 Page 8 Supt Hgwys Appt  No Action   Lost 2021-766 CATEGORY: Budget Modification DEPARTMENT: Public Works 2021 Budget Modification - DPW Financial Impact: Funds needed to cover emergency repair RESOLVED that the Town Board of the Town of Southold hereby modifies the 2021 General Fund Whole Town budget as follows: From: A.1620.4.400.600 Buildings and Grounds, Equipment Maint/Repair $2,576 To: A.3310.4.400.600 Traffic Control, Signal Maint/Repair $2,576  Vote Record - Resolution RES-2021-766 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled  Withdrawn  James Dinizio Jr      Supervisor's Appt Jill Doherty      Tax Receiver's Appt Robert Ghosio      Rescinded Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2021-767 CATEGORY: Surplus Equip - Non Usable DEPARTMENT: Information Technology Surplus Computer Equipment Southold Town Meeting Agenda - October 5, 2021 Page 9 WHEREAS the Town Clerk's office offered for bid, used computer equipment, and WHEREAS no bids were received, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby declares this equipment to be considered scrap and shall be properly disposed of.  Vote Record - Resolution RES-2021-767 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent  Defeated Sarah E. Nappa      Tabled Withdrawn  James Dinizio Jr     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell      No Action  Lost 2021-768 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Approve Resolution Number 2021-142 RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves Resolution Number 2021-142 of the Fishers Island Ferry District adopted September 13, 2021 which reads as follows: It is resolved to rescind Resolution 2021-064; and It is RESOLVED to appoint with effect May 6, 2021 Christopher Baker as part-time Deckhand (FIFD) at a rate of $14.00 per hour and on May 15, 2021 appoint Mr. Baker as a summer seasonal Deckhand (FIFD); and It is further RESOLVED that on September 15, 2021, Mr. Baker will terminate his summer seasonal part- time Deckhand (FIFD) position and on September 16, 2021, Mr. Baker will terminate his part-time Deckhand (FIFD) position.  Vote Record - Resolution RES-2021-768 Adopted  Yes/Aye No/Nay Abstain Absent Adopted as Amended  Sarah E. Nappa     Defeated  Southold Town Meeting Agenda - October 5, 2021 Page 10 Tabled  James Dinizio Jr     Withdrawn  Jill Doherty      Supervisor's Appt Robert Ghosio      Tax Receiver's Appt  Rescinded Louisa P. Evans     Town Clerk's Appt  Scott A. Russell     Supt Hgwys Appt  No Action  Lost  2021-769 CATEGORY: Attend Seminar DEPARTMENT: Police Dept Police Department-Training Request RESOLVED that the Town Board of the Town of Southold hereby grants permission to Police Officer Alex Chenche to attend the Child Passenger Safety Technician Training from November 15-18, 2021 in Holtsville, NY. Registration to be a legal charge to the 2021 General Fund Whole Town budget line A.3157.4.600.200  Vote Record - Resolution RES-2021-769  Adopted  Adopted as Amended Yes/Aye No/Nay Abstain Absent  Defeated Sarah E. Nappa     Tabled  Withdrawn  James Dinizio Jr     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded   Town Clerk's Appt Louisa P. Evans      Supt Hgwys Appt Scott A. Russell     No Action  Lost  2021-770 CATEGORY: Attend Seminar DEPARTMENT: Police Dept Police Department-Training Request Southold Town Meeting Agenda - October 5, 2021 Page 11 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Sergeant Robert Haase to attend the Unmanned Aircraft Systems Operator Course to be held from October 26-29, 2021 in Oriskany, NY. Related expenses to be a legal charge to the General Fund Whole Town budget line A.3120.4.600.300  Vote Record - Resolution RES-2021-770 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent  Defeated Sarah E. Nappa      Tabled  Withdrawn James Dinizio Jr     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell      No Action  Lost 2021-771 CATEGORY: Employment - Town DEPARTMENT: Accounting Hire School Crossing Guard - Police Department RESOLVED that the Town Board of the Town of Southold hereby appoints Justin Lake to the position of a Part Time School Crossing Guard to fill in those posts due to illness or vacation effective September 27, 2021. Salary to be determined by the traffic post covered.  Vote Record - Resolution RES-2021-771  Adopted  Adopted as Amended Yes/Aye No/Nay Abstain Absent  Defeated Sarah E. Nappa     Tabled  Withdrawn  James Dinizio Jr     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded   Town Clerk's Appt Louisa P. Evans      Supt Hgwys Appt Scott A. Russell      No Action Lost  Southold Town Meeting Agenda - October 5, 2021 Page 12 2021-772 CATEGORY: Special Events DEPARTMENT: Town Attorney Special Events North Fork Table and Inn 2021 - 50 RESOLVED that the Town Board of the Town of Southold hereby grants permission to North Fork Table and Inn, to hold Special Event 2021-50 at North Fork Table and Inn, 57225 Main RD, Southold, New York as applied for in Application NFTa-b for Weddings on October 2, 2021 and October 30, 2021 from 12PM to 11PM. The conditions of approval are as follow: All parking must be contained on site; no parking on Route 25, and no standing, loading or unloading of vehicles on Route 25. 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. 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-2021-772  Adopted Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled  Withdrawn  James Dinizio Jr     Supervisor's Appt  Jill Doherty      Tax Receiver's Appt Robert Ghosio      Rescinded  Town Clerk's Appt Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2021-773 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Approve Resolution Number 2021-154 RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves Resolution Number 2021-154 of the Fishers Island Ferry District adopted September 27, 2021 which reads as follows: Resolved to rescind resolution 2021-144; and Southold Town Meeting Agenda - October 5, 2021 Page 13 It is further RESOLVED that the Commissioners of the Fishes Island Ferry District hereby grants a leave of absence for up to 12 weeks to Employee #57702 effective October 1, 2021, pursuant to the Family Medical Leave Act.  Vote Record - Resolution RES-2021-773 Adopted   Adopted as Amended Yes/Aye No/Nay Abstain Absent  Defeated Sarah E. Nappa      Tabled Withdrawn  James Dinizio Jr     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans      Supt Hgwys Appt Scott A. Russell      No Action  Lost 2021-774 CATEGORY: Authorize to Bid DEPARTMENT: Town Clerk 2022 Yearly Town Bids RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the following items for 2022: Bulk Sand for the Highway Department Milk for the Human Resource Center Cleaning of Police Department Uniform Clothing Yellow Bags  Vote Record - Resolution RES-2021-774  Adopted  Adopted as Amended Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled  Withdrawn  James Dinizio Jr     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio      Rescinded  Town Clerk's Appt Louisa P. Evans      Supt Hgwys Appt Scott A. Russell     No Action  Lost  Southold Town Meeting Agenda - October 5, 2021 Page 14 2021-775 CATEGORY: Advertise DEPARTMENT: Human Resource Center Permission to Advertise for PT Mini Bus Driver at the HRC RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for 2 weeks for the position of part time Mini Bus Driver for the Human Resource Center at an hourly rate of $19.50 for 17.5 hours per week.  Vote Record - Resolution RES-2021-775  Adopted  Adopted as Amended Yes/Aye No/Nay Abstain Absent  Defeated Sarah E. Nappa     Tabled  Withdrawn  James Dinizio Jr     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded   Town Clerk's Appt Louisa P. Evans      Supt Hgwys Appt Scott A. Russell     No Action  Lost  2021-776 CATEGORY: Advertise DEPARTMENT: Human Resource Center Advertise for PT Food Service Worker RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for two weeks for the position of PT Food Service Worker for the Human Resource Center at a hourly rate of $16.24 for 17.5 hours per week.  Vote Record - Resolution RES-2021-776  Adopted Yes/Aye No/Nay Abstain Absent Adopted as Amended  Sarah E. Nappa     Defeated  Tabled  James Dinizio Jr     Withdrawn  Jill Doherty     Supervisor's Appt  Robert Ghosio      Tax Receiver's Appt  Rescinded Louisa P. Evans      Town Clerk's Appt Scott A. Russell     Supt Hgwys Appt  Southold Town Meeting Agenda - October 5, 2021 Page 15 No Action  Lost  2021-777 CATEGORY: Refund DEPARTMENT: Town Clerk Refund Trailer Permit RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund of $250.00 to Raymond Neighley, 245 Rachel’s Road, Mattituck, New York for a trailer permit application which was unable to be processed.  Vote Record - Resolution RES-2021-777 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa      Tabled  Withdrawn James Dinizio Jr      Supervisor's Appt Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action   Lost 2021-778 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Pack 39 - Cubmobile Race RESOLVED that the Town Board of the Town of Southold hereby granted permission to Pack 39 Cub Scouts to hold its annual Cubmobile Soapbox Derby Race on October 23, 2021 from 6:00 AM to 2:00 PM on the North side of Eastside Avenue, Mattituck, provided they adhere to the Town of Southold Policy for Special Events on Town Properties and Roads. All Town fees for this event are waived.  Vote Record - Resolution RES-2021-778 Adopted  Yes/Aye No/Nay Abstain Absent Adopted as Amended  Sarah E. Nappa      Defeated Southold Town Meeting Agenda - October 5, 2021 Page 16 Tabled  James Dinizio Jr     Withdrawn  Jill Doherty      Supervisor's Appt Robert Ghosio      Tax Receiver's Appt  Rescinded Louisa P. Evans     Town Clerk's Appt  Scott A. Russell     Supt Hgwys Appt  No Action  Lost  2021-779 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Engineering Change Order # 3 - Fishers Island Sidewalk Improvements Financial Impact: There is sufficient existing budget in H.5410.2.400.200 to cover this change order RESOLVED that the Town Board of the Town of Southold hereby approves Change Order #3 to the contract for the Fishers Island Sidewalk Improvements with Mattern Construction, Inc. in the net amount of $6,414.00, to cover the expense of installing concrete sidewalk aprons in excess of the amount originally estimated by the Town, subject to the approval of the Town Attorney.  Vote Record - Resolution RES-2021-779  Adopted  Adopted as Amended Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled  Withdrawn  James Dinizio Jr     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio      Rescinded  Town Clerk's Appt Louisa P. Evans      Supt Hgwys Appt Scott A. Russell     No Action  Lost  2021-780 CATEGORY: Employment - Town DEPARTMENT: Accounting Southold Town Meeting Agenda - October 5, 2021 Page 17 Accepts Resignation of Donald Stirnweis RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Donald Stirnweis from the position of Part Time Code Enforcement Officer effective close of business October 13, 2021.  Vote Record - Resolution RES-2021-780 Adopted   Adopted as Amended Yes/Aye No/Nay Abstain Absent  Defeated Sarah E. Nappa      Tabled Withdrawn  James Dinizio Jr     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans      Supt Hgwys Appt Scott A. Russell      No Action  Lost 2021-781 CATEGORY: Special Events DEPARTMENT: Town Attorney Special Events Macari Vineyards 2021 - 51 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Macari Vineyard, to hold Special Event 2021-51 at the Macari Vineyard , 24385 Main RD, Cutchogue, New York as applied for in Application Mac-2a for small birthday party on October 10, 2021 from 2PM to 5PM. All parking must be contained on site. 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. 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-2021-781 Adopted  Yes/Aye No/Nay Abstain Absent Adopted as Amended  Sarah E. Nappa     Defeated  Tabled  James Dinizio Jr      Withdrawn Jill Doherty      Supervisor's Appt Robert Ghosio     Tax Receiver's Appt  Rescinded Louisa P. Evans      Town Clerk's Appt  Scott A. Russell     Supt Hgwys Appt  No Action  Southold Town Meeting Agenda - October 5, 2021 Page 18 Lost  2021-782 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk MLCA 5K Run/Walk Financial Impact: Police Department Cost for Event = $973.99 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the The Mattituck-Laurel Civic Association to use certain roads for a 5K run/walk race in Mattituck, New York on November 7, 2021, start time 8:00 AM, route for the 5K: beginning at the Bay Avenue, south to Peconic Bay Blvd, west Bray Avenue, north to Old Main Road to Route 25 to Bay Avenue, finishing at Veteran’s Park, provided applicant meets all of the requirements as listed in the Town Policy on Special Events and Use of Recreation Areas and Town Roads. Fees for this event have been waived with the exception of the Clean-up deposit.  Vote Record - Resolution RES-2021-782  Adopted  Adopted as Amended Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled  Withdrawn  James Dinizio Jr     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio      Rescinded  Town Clerk's Appt Louisa P. Evans      Supt Hgwys Appt Scott A. Russell     No Action  Lost  2021-783 CATEGORY: Misc. Public Hearing DEPARTMENT: Town Clerk PH 10/19 4:30 Pm 2022 CDBG RESOLVED that the Town Board of the Town of Southold hereby sets 4:30 PM, Tuesday, October 19, 2021, Southold Town Hall, 53095 Main Road, Southold, New York 11971, as the time and place for a Public Hearing to hear citizens views on local housing and community development needs to be met with approximately $150,000.00 in Community Development Southold Town Meeting Agenda - October 5, 2021 Page 19 Block Grant funds the Town of Southold expects to receive in June 2022 and authorizes the Town Clerk to publish an “Announcement of Public Hearing Notice”.  Vote Record - Resolution RES-2021-783 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent  Defeated Sarah E. Nappa      Tabled  Withdrawn James Dinizio Jr     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell      No Action  Lost 2021-784 CATEGORY: Bond DEPARTMENT: Town Clerk Bond for Vacuum Truck BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED OCTOBER 5, 2021, AUTHORIZING THE ACQUISITION OF A VACUUM TRUCK, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $450,000, APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE, AND AUTHORIZING THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT OF $450,000 TO FINANCE SAID APPROPRIATION THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two- thirds of all the members of said Town Board) AS FOLLOWS: Section 1. The Town of Southold, in the County of Suffolk, New York (herein called the “Town”), is hereby authorized to acquire a vacuum truck. The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $450,000 and said amount is hereby appropriated for such purpose. The plan of financing includes the issuance of bonds in the principal amount of $450,000 to finance said appropriation, and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Section 2. Bonds of the Town in the principal amount of $450,000 are hereby Southold Town Meeting Agenda - October 5, 2021 Page 20 authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the “Law”), to finance said appropriation. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness applicable to the object or purpose for which said bonds are authorized to be issued, within the limitations of Section 11.00 a. 28 of the Law, is fifteen (15) years. (b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) The proposed maturity of the bonds authorized by this resolution will exceed five (5) years. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 of the Law relative to the authorization of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 and Section 168.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, and as to the execution of agreements for credit enhancements, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of publication of such resolution, or a summary thereof, are not substantially complied with, Southold Town Meeting Agenda - October 5, 2021 Page 21 and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This bond resolution is subject to a permissive referendum and the Town Clerk is hereby authorized and directed, within ten (10) days after the adoption of this resolution, to cause to be published in “The Suffolk Times,” a newspaper having a general circulation within said Town and hereby designated the official newspaper of the Town for such publication and posted on the sign board of the Town maintained pursuant to the Town Law, a Notice in substantially the following form: TOWN OF SOUTHOLD, NEW YORK PLEASE TAKE NOTICE that on October 5, 2021, the Town Board of the Town of Southold, in the County of Suffolk, New York, adopted a bond resolution entitled: “Bond Resolution of the Town of Southold, New York, adopted October 5, 2021, authorizing the acquisition of a vacuum truck, stating the estimated maximum cost thereof is $450,000, appropriating said amount for such purpose, and authorizing the issuance of bonds in the principal amount of $450,000 to finance said appropriation,” an abstract of which bond resolution concisely stating the purpose and effect thereof, being as follows: FIRST: AUTHORIZING said Town to acquire a vacuum truck; STATING the estimated maximum cost thereof, including preliminary costs, and costs incidental thereto and the financing thereof, is $450,000; APPROPRIATING said amount for such purpose; and STATING the plan of financing includes the issuance of bonds in the principal amount of $450,000 to finance said appropriation, and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon; SECOND: AUTHORIZING the issuance of bonds in the principal amount of $450,000 pursuant to the Local Finance Law of the State of New York to finance said appropriation; THIRD: DETERMINING and STATING that the period of probable usefulness applicable to the object or purpose for which said bonds are authorized to be issued is fifteen (15) years; the proceeds of said bonds and any bond anticipation notes issued in anticipation thereof may be applied to reimburse the Town for expenditures made after the effective date of this bond resolution for the purposes for which said bonds are authorized; and the proposed maturity of said bonds will exceed five (5) years; FOURTH: DETERMINING that said bonds and any bond anticipation notes issued in anticipation of said bonds and the renewals of said bond anticipation notes shall be general obligations of the Town; and PLEDGING to their payment the faith and credit of the Town; FIFTH: DELEGATING to the Supervisor the powers and duties as to the issuance of said bonds and any bond anticipation notes issued in anticipation of said bonds, or the renewals thereof; and Southold Town Meeting Agenda - October 5, 2021 Page 22 SIXTH: DETERMINING that the bond resolution is subject to a permissive referendum. DATED: October 5, 2021 Elizabeth A. Neville Town Clerk Section 8. The Town Clerk is hereby authorized and directed, after said bond resolution shall take effect, to cause said bond resolution to be published, in summary, in the newspaper referred to in Section 7 hereof, and hereby designated the official newspaper for said publication, together with a Notice in substantially the form as provided by Section 81.00 of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York.  Vote Record - Resolution RES-2021-784 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent  Defeated Sarah E. Nappa      Tabled Withdrawn  James Dinizio Jr     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans      Supt Hgwys Appt Scott A. Russell      No Action  Lost 2021-785 CATEGORY: Committee Appointment DEPARTMENT: Supervisor Deer Management Appointment RESOLVED that the Town Board of the Town of Southold hereby appoints John Hansen as a member of the Deer Management Task Force, effective immediately.  Vote Record - Resolution RES-2021-785 Adopted  Yes/Aye No/Nay Abstain Absent Adopted as Amended  Sarah E. Nappa     Defeated  Tabled  James Dinizio Jr      Withdrawn Jill Doherty      Supervisor's Appt Robert Ghosio      Tax Receiver's Appt Rescinded  Louisa P. Evans     Town Clerk's Appt  Scott A. Russell     Supt Hgwys Appt  Southold Town Meeting Agenda - October 5, 2021 Page 23 No Action  Lost  2021-786 CATEGORY: Committee Resignation DEPARTMENT: Supervisor Resignation CAC RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Peter Young as a member of the Conservation Advisory Council, effective immediately.  Vote Record - Resolution RES-2021-786  Adopted  Adopted as Amended Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled  Withdrawn  James Dinizio Jr     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio      Rescinded  Town Clerk's Appt Louisa P. Evans      Supt Hgwys Appt Scott A. Russell     No Action  Lost  2021-787 CATEGORY: Bid Acceptance DEPARTMENT: Town Clerk Accept Bid for 2022-23 Permits Financial Impact: parking permits 2022-23 RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Rydin Decal, in the total amount of $25,955.00, to supply the Town of Southold with disposal and parking permits for 2022-2023, all in accordance with the Town Attorney.  Vote Record - Resolution RES-2021-787 Adopted  Yes/Aye No/Nay Abstain Absent  Adopted as Amended Sarah E. Nappa      Defeated James Dinizio Jr      Tabled Southold Town Meeting Agenda - October 5, 2021 Page 24 Withdrawn  Jill Doherty     Supervisor's Appt  Robert Ghosio      Tax Receiver's Appt Louisa P. Evans      Rescinded  Town Clerk's Appt Scott A. Russell     Supt Hgwys Appt  No Action  Lost  2021-788 CATEGORY: Budget Modification DEPARTMENT: Accounting 2021 Budget Modification- Capital (Vacuum Truck) Financial Impact: Establish budget for Vac Truck purchase WHEREAS the Town Board of the Town of Southold has approved capital funding for a vacuum truck purchase, and WHEREAS the Town’s Capital Budget process requires a resolution to amend Capital Budget items in the Capital Fund, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby establishes the following Capital Project and authorizes the amendment of the Capital Budget as follows: Capital Project Name: Vacuum Truck Purchase Financing Method: Serial Bonds Increase Revenues: H.5710.60 Serial Bond Proceeds, Vac Drain Cleaner $450,000 Total $450,000 Increase Appropriations: H.8540.2.200.100 Capital Outlay, Vacuum Truck $450,000 Total $450,000  Vote Record - Resolution RES-2021-788  Adopted Yes/Aye No/Nay Abstain Absent  Adopted as Amended Sarah E. Nappa     Defeated  Tabled James Dinizio Jr      Withdrawn  Jill Doherty     Supervisor's Appt  Robert Ghosio     Tax Receiver's Appt  Southold Town Meeting Agenda - October 5, 2021 Page 25 Rescinded  Louisa P. Evans     Town Clerk's Appt  Scott A. Russell      Supt Hgwys Appt  No Action  Lost 2021-789 CATEGORY: Advertise DEPARTMENT: Town Clerk Advertise for Part-Time Code Enforcement Officer RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for the position of PT Code Enforcement Officer for the Town Attorney’s Office at a rate of $30.04 per hour.  Vote Record - Resolution RES-2021-789  Adopted  Adopted as Amended Yes/Aye No/Nay Abstain Absent  Defeated Sarah E. Nappa     Tabled  Withdrawn  James Dinizio Jr     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded   Town Clerk's Appt Louisa P. Evans      Supt Hgwys Appt Scott A. Russell      No Action Lost  2021-790 CATEGORY: Coastal Erosion DEPARTMENT: Town Attorney CEA Harbor View Cottages, FI Decision WHEREAS, the Board of Trustees denied the application of Harbor View Cottages, LLC (c/o Thomas Shillo) to remove an existing 3' x 11. 5' ramp, 8' x 15. 5' float and piles as necessary, all of which were approved under a previous wetlands permit; construct a 6' x 20' extension onto the seaward end of a 6' x 59' fixed dock, which was approved under a previous wetlands permit and install a 4' x 16' aluminum ramp, 12 new piles and an 8' x 18. 5' float. Under Section 6 Definitions - Unregulated Activities, the proposed reconstructed dock exceeds the 200 sf Southold Town Meeting Agenda - October 5, 2021 Page 26 limitation, and therefore by code, must be removable. A dock of less than 200 sf could not be used for docking as it would not be long enough to reach the depths needed to safely dock a boat due to water depths. The proposed work is within a near shore area in a Coastal Erosion Hazard Area located on property on parcel SCTM # 1000- 10- 9- 6. 1, 520 Sterling Street, Fishers Island, New York, under the Town of Southold Coastal Erosion Hazard Areas Law (the “Law”) of the Town of Southold pursuant to Section 111-11(c); and WHEREAS, on August 11, 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 October 5, 2021, the Town Board conducted a duly noticed public hearing on the instant appeal with an opportunity for all interested parties to be heard and testimony was taken of the Applicant’s consultant and other interested parties; and WHEREAS, the application has been reviewed pursuant to Chapter 268, Waterfront Consistency Review of the Town Code and the Local Waterfront Revitalization Program; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed action is classified as a Type II Action and is not subject to review pursuant to SEQRA Rules and Regulations for this action; and be it further RESOLVED that the Town Board of the Town of Southold does hereby adopt the Findings and Determination dated October 5, 2021 granting the application of Harbor View Cottages, LLC (c/o Thomas Shillo) for a coastal erosion hazard area permit pursuant to §111-20 of the Town of Southold Coastal Erosion Hazard Area Law and be it further RESOLVED that the Town Board had determined that this action is consistent with Chapter 268, Local Waterfront Revitalization Program; and be it further RESOLVED that this Determination shall not affect or deprive any other agency of its properly asserted jurisdiction, separate and apart from the proceedings under the Coastal Erosion Hazard Areas Law considered herein.  Vote Record - Resolution RES-2021-790 Adopted  Yes/Aye No/Nay Abstain Absent  Adopted as Amended  Defeated Sarah E. Nappa     Tabled  James Dinizio Jr     Withdrawn  Jill Doherty     Supervisor's Appt  Tax Receiver's Appt  Robert Ghosio     Rescinded  Louisa P. Evans     Town Clerk's Appt  Scott A. Russell      Supt Hgwys Appt  No Action Lost  Southold Town Meeting Agenda - October 5, 2021 Page 27 2021-791 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Clerk Enact LL 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; and WHEREAS the Town Board of the Town of Southold is considering revoking the AHD Zoning District designation for the parcel known as SCTM #1000-12-1-1.2; and WHEREAS that the Town Board of the Town of Southold establishes itself as lead agency; and WHEREAS 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 WHEREAS 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 WHEREAS 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 held a public hearing on the aforesaid revocation of zoning designation at which time all persons were heard. 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 WHEREAS the Town Clerk for the Town of Southold was directed to provide notice to the property owner of public hearing pursuant to Town Code section 280-29(F)(2)(a), now therefor Southold Town Meeting Agenda - October 5, 2021 Page 28 be it RESOLVED, that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled “A Local Law to Amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of SCTM #1000-12-1-1.2 from AHD to R-120” which reads as follows: LOCAL LAW of 2021 Section 1. Purpose. The purpose of this Local Law is to amend the Zoning Map to reverse the Local Law #6 of 2015 which changed the zoning on the parcel known as SCTM #1000-12-1-1.2 from R-120 to AHD. Section 2. Code Amendment. Based on the request from the agent for the property owner requesting that the AHD District be revoked and revert back to the R-120 Zoning District. The property is approximately .75 acres and is located off of Fox Lane on Fishers Island in the Town of Southold. Section 3. 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. Section 4. Effective Date This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law.  Vote Record - Resolution RES-2021-791 Adopted   Adopted as Amended Yes/Aye No/Nay Abstain Absent  Defeated Sarah E. Nappa      Tabled Withdrawn  James Dinizio Jr     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans      Supt Hgwys Appt Scott A. Russell      No Action Lost  VI. PUBLIC HEARINGS 1. PH 10/5 7:00 Pm - COZ Battery Barlow Property