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Home My WebLink AboutAG-11/03/2021 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 November 3, 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 - November 3, 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 November 3, 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 Monthly Report October 2021 2. Trustees Monthly Report September 2021 3. Land Tracking Report 3rd Quarter 2021 II. PUBLIC NOTICES 1. 2021-2022 Scallop Season Monday, November 1, 2021 from sunrise to sunset through Thursday, March 31, 2022 inclusive, in Town waters Southold Town Meeting Agenda - November 3, 2021 Page 3 III. COMMUNICATIONS IV. DISCUSSION 1. 9:00 AM - Heather Lanza and Mark Terry Comprehensive Plan, Next Steps - Consultant for Zoning and Land Use 2. Supervisor Russell Short-Term Rentals in Business RO Zones (postponed from 10/19) 3. Supervisor Russell Issuance of Filming Permits / Special Events 4. Supervisor Russell Change of Zone for SCTM#1000-38-7-7.1 - Next Steps 5. Councilwoman Nappa Updates on the Transportation Commission and Water Committee 6. Amendments to Ch. 280-Revisions Regarding House Sizes 7. EXECUTIVE SESSION - Potential Acquisition(S), Sale or Lease of Real Property Where Publicity Would Substantially Affect the Value Thereof 11:00 AM -CANCELLED - Melissa Spiro, Land Preservation 8. EXECUTIVE SESSION - Labor - Matters Involving the Employment of a Particular Person(S) 11:30 AM - Tim Abrams re: Department of Public Works 9. EXECUTIVE SESSION - Litigation Town of Southold v. Kelly V. RESOLUTIONS 2021-835 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated November 3, 2021.  Vote Record - Resolution RES-2021-835 Adopted  Yes/Aye No/Nay Abstain Absent Southold Town Meeting Agenda - November 3, 2021 Page 4 Adopted as Amended  Sarah E. Nappa     Defeated  James Dinizio Jr      Tabled Jill Doherty      Withdrawn  Supervisor's Appt Robert Ghosio     Tax Receiver's Appt  Louisa P. Evans     Rescinded  Scott A. Russell     Town Clerk's Appt  Supt Hgwys Appt  No Action   Lost 2021-836 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, November 16, 2021 at the Southold Town Hall, Southold, New York at 4:30 P. M..  Vote Record - Resolution RES-2021-836 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 2021-837 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint Paul A. Stuckart, Jr. Construction Equipment Operator RESOLVED that the Town Board of the Town of Southold hereby appoints Paul A. Stuckart, Southold Town Meeting Agenda - November 3, 2021 Page 5 Jr. to the position of Construction Equipment Operator for the Solid Waste District, effective November 19, 2021, at a rate of $27.1376 per hour.  Vote Record - Resolution RES-2021-837 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 2021-838 CATEGORY: Attend Seminar DEPARTMENT: Police Dept Police Department-Training Request RESOLVED that the Town Board of the Town of Southold hereby grants permission to Detective Sergeant Steven Harned and Detective Roman Wilinski to attend the th Comprehensive Evidence Photography training from November 29 through December rd, 32021 at the Southampton Police Department. All related expenses to be a legal charge to the 2021 General Fund Whole Town budget line A.3120.4.600.200  Vote Record - Resolution RES-2021-838  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 - November 3, 2021 Page 6 2021-839 CATEGORY: Attend Seminar DEPARTMENT: Police Dept Police Department-Training Request RESOLVED that the Town Board of the Town of Southold hereby grants permission to Detective Sergeant Steven Harned to attend the Investigative Analyst Course in Hoover stth Alabama from January 31 through February 4, 2022. There are no charges to be incurred from this training.  Vote Record - Resolution RES-2021-839  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  2021-840 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District 2021 Budget Modification: SWMD Financial Impact: Provides funds for grinder parts; hazardous waste removal; and waste oil removal (through end of year). RESOLVED that the Town Board of the Town of Southold hereby modifies the 2021 Solid Waste Management District budget as follows: From: SR 8160.4.100.560 Maint-IT12B Payloader $ 950 SR 8160.4.100.580 Maint-Ford Tractor 1,100 SR 8160.4.200.100 Telephone 2,190 SR 8160.4.400.200 Building Maintenance 950 SR 8160.4.400.300 Public Information/Printing 1,200 SR 8160.4.600.200 Meetings and Seminars 635 SR 8160.4.600.300 Travel Reimbursement 450 Southold Town Meeting Agenda - November 3, 2021 Page 7 SR 8160.4.600.400 Postage 245 Total $7,720 To: SR 8160.4.100.597 Maint/Supplies Morbark Grinder $4240 SR 8160.4.400.840 Hazardous Waste Removal 1,330 SR 8160.4.400.841 Waste Oil Removal 2,150 Total $7,720  Vote Record - Resolution RES-2021-840 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 2021-841 CATEGORY: Ratify Fishers Island Reso. DEPARTMENT: Fishers Island Ferry District FIFD 10/12/21 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 October 12, 2021 meetings, as follows: FIFD Resolution# Regarding 2021 - 162 PVA Meeting  Vote Record - Resolution RES-2021-841 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 - November 3, 2021 Page 8 Rescinded  Louisa P. Evans     Town Clerk's Appt  Scott A. Russell      Supt Hgwys Appt  No Action  Lost 2021-842 CATEGORY: Employment - Town DEPARTMENT: Accounting Amend Resolution 2021-815 RESOLVED that the Town Board of the Town of Southold hereby amends Resolution Number 2021-815 to read as follows: RESOLVED effective October 25, 2021, the Town Board of the Town of Southold hereby appoints Justin Lake and Daniel Fedun to the position of probationary Police Officer at a salary of $51,607.00 at the commencement of the recruit police officer training session, October 25, 2021 at the Suffolk County Police Academy or an equivalent training academy. Effective October 25, 2021, the above-named individuals will become active probationary Police Officers for the Town of Southold Police Department as long as they meet the requirements for employment, and FURTHER RESOLVED effective October 25, 2021, the Town Board of the Town of Southold hereby appoints Jessica Koehler and Nicholas Clappi to the position of probationary Police Officer at a salary of $51,607.00 effective October 25, 2021. The above-named individuals will become active probationary Police Officers for the Town of Southold Police Department as long as they meet the requirements for employment.  Vote Record - Resolution RES-2021-842 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 - November 3, 2021 Page 9 Lost  2021-843 CATEGORY: Refund 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 Old Town Arts & Crafts Guild Inc 6/7/21 $250.00 Robert Kuhne Po Box 392 Cutchogue, NY 11935 Mattituck-Cutchogue Cub Scout Pack 39 9/27/21 $250.00 Richard Jernick PO Box 1011 Mattituck, NY 11952  Vote Record - Resolution RES-2021-843  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 - November 3, 2021 Page 10 2021-844 CATEGORY: Special Events DEPARTMENT: Town Clerk Tree Lighting Ceremony - East End Hospice RESOLVED that the Town Board of the Town of Southold hereby grants permission to East End Hospice to hold its East End Hospice Tree of Lights on the Cutchogue Village Green on December 5, 2021 from 1:00 PM to 3:30 PM, provided they adhere to the Town of Southold Policy for Special Events on Town Properties and Roads. All Town fees for this event, with the exception of the Clean-up Deposit, are waived.  Vote Record - Resolution RES-2021-844  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  2021-845 CATEGORY: Attend Seminar DEPARTMENT: Town Attorney Attend Seminar TA Burke RESOLVED that the Town Board of the Town of Southold hereby grants permission to Assistant Town Attorney John Burke to attend the Touro College CLE seminar on Land Use on October 19, th 20 , 26 & 27 , 2021, virtually, all expenses for registration to be a legal charge to the 2021 Town Attorney budget (meetings and seminars).  Vote Record - Resolution RES-2021-845 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 - November 3, 2021 Page 11 Rescinded  Louisa P. Evans     Town Clerk's Appt  Scott A. Russell      Supt Hgwys Appt  No Action  Lost 2021-846 CATEGORY: Attend Seminar DEPARTMENT: Planning Board Attend Seminar - 2021 NYPF/APA Planning Conference RESOLVED that the Town Board of the Town of Southold hereby grants permission to Heather Lanza, Town Planning Director, Mark Terry, Assistant Town Planning Director, and Brian Cummings, Town Planner to attend the 2021 APA/NYPF Joint Planning Conference Webinar Series, to be held virtually during the month of October 2021. All expenses to be a legal charge to the 2021 Planning Department budget.  Vote Record - Resolution RES-2021-846  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  2021-847 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Approve Resolution Number 2021-171 RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves Resolution Number 2021-171 of the Fishers Island Ferry District adopted October 25, 2021 which reads as follows: Southold Town Meeting Agenda - November 3, 2021 Page 12 WHEREAS Vince Harring has exceeded the requirements of a Deckhand; THEREFORE, IT IS RESOLVED to increase Mr. Harring’s pay rate to $16.00 with effect October 21, 2021.  Vote Record - Resolution RES-2021-847 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 2021-848 CATEGORY: Employment - Town DEPARTMENT: Accounting Accepts Resignation of Justin Lake RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Justin Lake from the position of School Crossing Guard effective close of business, October 15, 2021.  Vote Record - Resolution RES-2021-848  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  2021-849 Southold Town Meeting Agenda - November 3, 2021 Page 13 CATEGORY: Special Events DEPARTMENT: Town Attorney Special Events Sage Basin Partners 2021 - 52 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Sage Basin Partners DBA Brick Cove Marina, to hold Special Event 2021-52 at the Brick Cove Marina , 1760 Sage Blvd, Southold, New York as applied for in Application SBP- 4a for Slow Food Annual Meeting , Community , Live Music on November 7, 2021 from 1PM to 4PM. All parking must be contained on site. Provided they adhere to all conditions on the application, 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-2021-849 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 2021-850 CATEGORY: Ratify Fishers Island Reso. DEPARTMENT: Fishers Island Ferry District FIFD 10/25/21 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 October 25, 2021 meetings, as follows: FIFD Resolution# Regarding 2021 - 164 Legal 2021 - 165 Budget Modification 2021 ? 167 Propeller Award Southold Town Meeting Agenda - November 3, 2021 Page 14 2021 ? 168 MU Yard Award 2021 ? 169 Property Management 2021 ? 170 Settlement  Vote Record - Resolution RES-2021-850  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  2021-851 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Trustees N.Y.S. Clean Vessel Assistance Program - Operations & Maintenance Grant Program Financial Impact: Funding for budget lines A.8090.1.300.100, A.8090.2.200.400, A.8090.4.100.200, A.8090.4.400.600, A.8090.4.400.840 and A.8090.4.600.800 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the 2021 – 2025 Clean Vessel Assistance Program - Operations & Maintenance Grant Agreement in connection with the New York State Environmental Facilities Corporation’s Clean Vessel Assistance Program - Operations & Maintenance Grant Program for grant funds up to the maximum amount of $5,000.00 each year for the term January 1, 2021 through December 31, 2025 regarding the pump-out boat owned and operated by the Town of Southold and utilized for the Town, all in accordance with the approval of the Town Attorney. Funding for budget lines A.8090.1.300.100, A.8090.2.200.400, A.8090.4.100.200, A.8090.4.400.600, A.8090.4.400.840, and A.8090.4.600.800  Vote Record - Resolution RES-2021-851 Adopted  Yes/Aye No/Nay Abstain Absent Adopted as Amended  Defeated  Sarah E. Nappa     Tabled  James Dinizio Jr     Withdrawn  Jill Doherty      Supervisor's Appt Robert Ghosio      Tax Receiver's Appt  Rescinded Louisa P. Evans     Town Clerk's Appt  Southold Town Meeting Agenda - November 3, 2021 Page 15 Supt Hgwys Appt  Scott A. Russell     No Action   Lost 2021-852 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Village of Greenport Agreement Financial Impact: intermunicipal agreement RESOLVED that the Town Board of the Town of Southold authorizes the Town Supervisor to execute an intermunicipal agreement with the Village of Greenport to allow the Village access to the Town’s Municity 5 Platform for the sum of Three Thousand Dollars ($3,000.00), subject to approval by the Town Attorney.  Vote Record - Resolution RES-2021-852 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 2021-853 CATEGORY: Employment - Town DEPARTMENT: Accounting Rescind Resolution Number 2021-191 RESOLVED that the Town Board of the Town of Southold hereby Rescinds Resolution Number 2021-191 which read as follows: Southold Town Meeting Agenda - November 3, 2021 Page 16 RESOLVED that the Town Board of the Town of Southold hereby appoints Justin Lake to the position of Seasonal Police Officer for the Southold Town Police Department, effective immediately, at a rate of $22.75 per hour.  Vote Record - Resolution RES-2021-853 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 2021-854 CATEGORY: Employment - Town DEPARTMENT: Accounting Rescind Resolution Number 2021-192 RESOLVED that the Town Board of the Town of Southold hereby Rescinds Resolution Number 2021-192 which read as follows: RESOLVED that the Town Board of the Town of Southold hereby immediately places Seasonal Police Officer Justin Lake on a leave of absence, pending further action by the Town Board prior to the start of the 2022 summer season.  Vote Record - Resolution RES-2021-854  Adopted Yes/Aye No/Nay Abstain Absent  Adopted as Amended Sarah E. Nappa      Defeated James Dinizio Jr     Tabled  Withdrawn  Jill Doherty     Supervisor's Appt  Robert Ghosio     Tax Receiver's Appt  Louisa P. Evans     Rescinded  Southold Town Meeting Agenda - November 3, 2021 Page 17 Town Clerk's Appt  Scott A. Russell     Supt Hgwys Appt   No Action  Lost 2021-855 CATEGORY: Budget Modification DEPARTMENT: Highway Department 2021 Budget Modification Highway Financial Impact: Transfer of Funds RESOLVED that the Town Board of the Town of Southold hereby modifies the 2021 Highway Fund Part Town budget as follows: From: DB.5110.1.100.100 Regular Earnings $20,000.00 DB.5110.4.100.350 Traffic Paint 500.00 DB.5110.4.100.550 Equipment parts/supplies 475.00 DB.5110.4.100.930 Stone Blend 1,900.00 DB.5110.4.100.950 Waring Devices 1,900.00 DB.5110.4.100.975 Steel 1,300.00 DB.5130.2.500.300 Other Equipment 2,547.00 DB.5140.4.400.100 Clean-up Debris 9,100.00 DB.5142.2.400.200 Snow Equipment 5,000.00 DB.5142.4.100.920 Sand 16,000.00 TOTAL: $ 58,722.00 TO: DB.5110.4.100.200 Fuel/Lubricants $24,000.00 DB.5110.4.100.960 Drainpipe/Rings/Covers 1,100.00 DB.5130.4.100.500 Parts & Supplies 13,622.00 DB.5140.1.100.100 Regular Earnings $ 20,000.00 TOTAL: $ 58,722.00  Vote Record - Resolution RES-2021-855 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 - November 3, 2021 Page 18 Supt Hgwys Appt  No Action   Lost 2021-856 CATEGORY: Attend Seminar DEPARTMENT: Accounting Attend Seminar- Accounting RESOLVED that the Town Board of the Town of Southold hereby grants permission to thth Michelle Nickonovitz to attend a webinar on government finance on November 9 and 16. All expenses for registration and travel to be a legal charge to the 2021 budget (A.1310.4.600.200 Meetings and Seminars).  Vote Record - Resolution RES-2021-856  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  2021-857 CATEGORY: Budget Modification DEPARTMENT: Public Works 2021 Budget Modification- Central Garage Financial Impact: Place funds in Central Garage Gas & Oil line to cover shortage RESOLVED that the Town Board of the Town of Southold hereby modifies the 2021 General Fund Whole Town budget as follows: From: Southold Town Meeting Agenda - November 3, 2021 Page 19 A.1640.4.400.650 Vehicle Maintenance/Repair $2,000 A.1640.4.100.500 Motor Vehicle Parts/Supplies 1,000 Total $3,000 To: A.1640.4.100.200 Gasoline & Oil $3,000 Total $3,000  Vote Record - Resolution RES-2021-857  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  2021-858 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL Override Tax Levy WHEREAS, on June 24, 2011, the New York State Legislature enacted Chapter 97 of the New York State Laws of 2011, hereinafter referred to as “General Municipal Law§3-c” ; and WHEREAS, General Municipal Law §3-c expressly authorizes local governments, such as the Town of Southold, to override the tax levy limit by the adoption of a local law approved by a vote of at least sixty percent (60%) of the total voting power of the Town Board for the Town of Southold; WHEREAS, the New York State Comptroller has determined that pursuant to General Municipal Law § 3-c the tax levy cap for the fiscal year 2022 will be 2%, and; WHEREAS, the Town Board has determined that to maintain the Town’s high bond rating healthy fund balance reserves may require a real property tax cap levy in excess of the limit established by General Municipal Law § 3-c; 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 Southold Town Meeting Agenda - November 3, 2021 Page 20 therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, “A Local Law to Override the Tax Levy Limit established by and set forth in General Municipal Law §3-c” as follows: Local Law No. __________ 2021 A LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED BY AND SET FORTH IN GENERAL MUNICIPAL LAW § 3-C Section 1. Purpose The purpose of this Local Law is to allow the Town of Southold to override the limit on the amount of real property taxes that may be levied by the Town of Southold, Suffolk County, New York pursuant to General Municipal Law 3-c and to allow the Town of Southold to adopt a town budget for town purposes and any other special or improvement districts governed by the town board for the fiscal year 2022 that requires a real property tax levy in excess of the “tax levy limit” as defined by General Municipal Law § 3-c. The Town of Southold has made significant efforts to reduce spending in an effort to avoid piercing the tax levy limit, however, in order to account for the increase in costs to provide town services and fund town operations for 2022, while at the same time maintaining the Town’s high credit rating and general fund reserves, will likely require adoption of a budget in excess of the tax levy limit. Section 2. Authority This local law adopted pursuant General Municipal Law § 3-c (5) which expressly authorizes a local government’s governing body to override the tax levy limit by the adoption of a local law approved by a vote of sixty percent (60%) of the Town Board. Section 3. Tax Levy Limit Override The Town Board of the Town of Southold, County of Suffolk, is hereby authorized to adopt a budget for the fiscal year 2022 that requires a real property tax levy in excess of the limit established by and set forth in General Municipal Law § 3-c. Section 4. Severability If a court determines that any clause, sentence, paragraph, subdivision, or part of this local law or the application thereof to any person, firm or corporation, or circumstance is invalid or unconstitutional, the court’s order or judgment shall not affect, impair, or invalidate the remainder of this local law, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this local law or in its application to the person, individual, form or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered. Section 5. Effective date This local law shall take effect immediately upon filing with the Secretary of State Southold Town Meeting Agenda - November 3, 2021 Page 21  Vote Record - Resolution RES-2021-858 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 2021-859 CATEGORY: Budget DEPARTMENT: Town Clerk Adopt 2022 Annual Budget WHEREAS, the Town Board of the Town of Southold has met at the time and place specified in the notice of public hearings on the Preliminary Budget for the fiscal year beginning on January 1, 2022, and heard all persons desiring to be heard thereon; now, therefore, be it RESOLVED that the Town Board of the Town of Southold does hereby adopt such Preliminary Budget as the Annual Budget of this Town for the fiscal year beginning on the st 1 day of January 2022; and be it FURTHER RESOLVED that such budget as adopted by this Board be entered in detail in the minutes of the proceedings of this Town Board; and be it FURTHER RESOLVED that the Town Clerk of the Town of Southold shall prepare and certify copies of said annual budget as adopted by the Town Board of the Town of Southold, together with the estimates, if any, adopted pursuant to Section 202a, Subdivision 5 of the Town Law, and deliver a copy thereof to the County Legislature of the County of Suffolk.  Vote Record - Resolution RES-2021-859  Adopted Yes/Aye No/Nay Abstain Absent  Adopted as Amended Sarah E. Nappa      Defeated James Dinizio Jr     Tabled  Withdrawn  Jill Doherty     Supervisor's Appt  Robert Ghosio     Tax Receiver's Appt  Louisa P. Evans     Rescinded  Southold Town Meeting Agenda - November 3, 2021 Page 22 Town Clerk's Appt  Scott A. Russell     Supt Hgwys Appt   No Action  Lost 2021-860 CATEGORY: Budget DEPARTMENT: Town Clerk Adopt Annual Capital Budget for the Fiscal Year Beginning on the 1St January 2022 WHEREAS, the Town Board of the Town of Southold has met at the time and place specified in the notice of public hearings on the Preliminary Capital Budget for the fiscal year beginning on January 1, 2022, and heard all persons desiring to be heard thereon, now, therefore, be it RESOLVED that the Town Board of the Town of Southold does hereby adopt such Preliminary Capital Budget, as amended, as the Annual Capital Budget of this Town for st the fiscal year beginning on the 1 January 2022; and be it FURTHER RESOLVED that such capital budget as adopted by this Board be entered in detail in the minutes of the proceedings of this Town Board; and be it FURTHER RESOLVED that the Town Clerk of the Town of Southold shall prepare and certify copies of said annual Capital Budget as adopted by the Town Board of the Town of Southold, together with the estimates, if any, adopted pursuant to Section 202a, Subdivision 5 of the Town Law, and deliver a copy thereof to the County Legislature of the County of Suffolk.  Vote Record - Resolution RES-2021-860 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 Southold Town Meeting Agenda - November 3, 2021 Page 23 1. Adopt Preliminary Budget & Set PH 11/3 4:00 Pm & 7:00 Pm - 2022 Budget Hearings 2. PH LL Override Tax Levy