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HomeMy WebLinkAboutAG-12/28/2021 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 REVISED FINAL SOUTHOLD TOWN BOARD December 28, 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 - December 28, 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. I. CALL TO ORDER 7:00 PM Meeting called to order on December 28, 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    II. REPORTS III. PUBLIC PORTION IV. COMMUNICATIONS V. RESOLUTIONS 2021-969 CATEGORY: Employment - Town DEPARTMENT: Accounting Permanent Appointment Building Permits Examiner WHEREAS the Town Board of the Town of Southold has appointed Nancy Dwyer to the position of provisional Building Permits Examiner effective April 21, 2021, and WHEREAS Nancy Dwyer has taken and passed the Civil Service examination for Building Permits Examiner and is reachable on the Suffolk County Department of Civil Service List of Southold Town Meeting Agenda - December 28, 2021 Page 3 Eligible’s for the competitive position of Building Permits Examiner, and WHEREAS the Town Board of the Town of Southold has determined that it is in the best interest of the Town to appoint Nancy Dwyer to the permanent position of Building Permits Examiner from said List of Eligible’s, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby appoints Nancy Dwyer to the position of Building Permits Examiner from the Suffolk County Department of Civil Service List of Eligible’s effective immediately with no salary change.  Vote Record - Resolution RES-2021-969 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  2021-970 CATEGORY: Employment - Town DEPARTMENT: Accounting Accepts Resignation of Robert A. Fisher RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Robert A. Fisher from the position of Part Time Fire Marshal I for the Building Department effective December 31, 2021.  Vote Record - Resolution RES-2021-970 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 - December 28, 2021 Page 4 2021-971 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint Riane Smith Seasonal Full Time Tax Cashier RESOLVED that the Town Board of the Town of Southold hereby appoints Riane M. Smith to the position of Full Time Seasonal Tax Cashier from the Suffolk County Department of Civil Service List of Eligible’s effective December 29, 2021 at a rate of $19.07 per hour pending background search completion.  Vote Record - Resolution RES-2021-971 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 2021-972 CATEGORY: Fmla DEPARTMENT: Accounting Grant FMLA Leave to a Town Employee RESOLVED that the Town Board of the Town of Southold hereby grants a leave of absence for up to 12 weeks to Employee #4199 effective December 14, 2021 pursuant to the Family Medical Leave Act.  Vote Record - Resolution RES-2021-972 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 - December 28, 2021 Page 5 Tax Receiver's Appt  Louisa P. Evans     Rescinded  Scott A. Russell      Town Clerk's Appt  Supt Hgwys Appt  No Action Lost  2021-973 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint Daniel Wells Seasonal Scale Operator RESOLVED that the Town Board of the Town of Southold hereby appoints Daniel Wells to the position of Seasonal Scale Operator for the Solid Waste District, effective December 29, 2021 up to 6 weeks, at a rate of $17.96 per hour.  Vote Record - Resolution RES-2021-973 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  2021-974 CATEGORY: Employment - Town DEPARTMENT: Accounting Accepts Resignation of Richard D. Noncarrow RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Richard D. Noncarrow from the position of Government Liaison Officer effective close of business December 31, 2021. Southold Town Meeting Agenda - December 28, 2021 Page 6  Vote Record - Resolution RES-2021-974 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 2021-975 CATEGORY: Fmla DEPARTMENT: Accounting Grant FMLA Leave to a Town Employee RESOLVED that the Town Board of the Town of Southold hereby grants a leave of absence for up to 12 weeks to Employee #8641 effective December 23, 2021 pursuant to the Family Medical Leave Act.  Vote Record - Resolution RES-2021-975 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  2021-976 CATEGORY: Employment - Town DEPARTMENT: Accounting Retiree Elected Officials Health Coverage Southold Town Meeting Agenda - December 28, 2021 Page 7 WHEREAS, the Town Board of the Town of Southold is aware that the Town has engaged in certain practices with regard to providing health care coverage to retiring elected officials and wants to formerly recognize such practices, therefore be it RESOLVED, that the Town Board acknowledges that it is the practice of the Town of Southold to provide a retiring elected official with retiree health coverage if the elected official has ten years of service with the town, regardless of whether the service was a continuous period and regardless of whether the service to the town also includes service to the town as an employee or an appointed official, and be it further RESOLVED, that the Town Board of the Town of Southold acknowledges that it is the practice of the Town to allow elected officials who are honorably discharged veterans to count up to three years of military service towards the ten year requirement.  Vote Record - Resolution RES-2021-976 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  2021-977 CATEGORY: Employment - Town DEPARTMENT: Accounting Accepts Resignation of Barbara Turner RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Barbara Turner from the position of Seasonal Full Time Senior Tax Cashier effective close of business January 7, 2022.  Vote Record - Resolution RES-2021-977  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 - December 28, 2021 Page 8 Town Clerk's Appt  Scott A. Russell     Supt Hgwys Appt   No Action  Lost 2021-978 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney New York States Municipal Worker’s Compensation Alliance Agreement Financial Impact: Worker’s Compensation WHEREAS the Town of Southold prepared a request for proposals regarding the Town’s Workers Compensation Insurance coverage, and; WHEREAS the Town Comptroller has reviewed each of the submitted proposals and recommends obtaining coverage through the New York States Municipal Worker’s Compensation Alliance, and; WHEREAS the Town Board has determined that it is in best interest of the Town to enter into an agreement for such coverage; RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a Member Participation Agreement with the New York State Municipal Workers’ Compensation Alliance for the participation period of January 1, 2022 to December 31, 2022.  Vote Record - Resolution RES-2021-978 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 2021-979 CATEGORY: Contracts, Lease & Agreements Southold Town Meeting Agenda - December 28, 2021 Page 9 DEPARTMENT: Town Attorney Devitt Spellman Barrett LLP Retainer - Mattituck 12500 LLC Financial Impact: retainer RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Attorney to retain Devitt Spellman Barrett LLP as Special Counsel to represent the Town of Southold in an action in Supreme Court, Suffolk County, in the matter of Mattituck 12500 LLC  Vote Record - Resolution RES-2021-979 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 2021-980 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Devitt Spellman Barrett LLP Retainer Financial Impact: Retainer RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Attorney to retain Devitt Spellman Barrett LLP as Special Counsel to represent the Town of Southold in an action in Supreme Court, Suffolk County, in the matter of Fordham House, LLC  Vote Record - Resolution RES-2021-980 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 - December 28, 2021 Page 10 Town Clerk's Appt  Scott A. Russell     Supt Hgwys Appt   No Action  Lost 2021-981 CATEGORY: Insurance DEPARTMENT: Town Attorney New York Municipal Insurance - Policies RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute insurance policies with New York Municipal Insurance for the period of January 1, 2022 to December 31, 2022.  Vote Record - Resolution RES-2021-981 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 2021-964 Tabled 12/14/2021 4:30 PM CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL Chapter 106 Cannabis Opt Out WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 30th day of November, 2021, a need for a public hearing regarding Opting out of Adult Use Cannabis Retail Dispensaries and On-Site Consumption Sites; and WHEREAS it has been presented a Local Law entitled “A Local Law Opting out of Adult Use Cannabis Retail Dispensaries and On-Site Consumption Sites” and Southold Town Meeting Agenda - December 28, 2021 Page 11 WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, “A Local Law Opting out of Adult Use Cannabis Retail Dispensaries and On- Site Consumption Sites” reads as follows: LOCAL LAW NO. 2021 BE IT ENACTED by the Town Board of the Town of Southold as follows: I. A new Chapter 106 of the Code of the Town of Southold is hereby adopted as follows: A Local Law entitled, “A Local Law Opting out of Adult Use Cannabis Retail Dispensaries and On-Site Consumption Sites”. § 106-1 Legislative Intent It is the intent of this local law to opt out of allowing cannabis retail dispensaries and on- site cannabis consumption sites in the Town of Southold that would otherwise be allowed under Cannabis Law Article 4. New York Cannabis Law requires Towns to opt out prior to December 31, 2021 or forever lose the right to do so. Thus, in order to allow the public to decide for themselves by permissive referendum whether to allow retail dispensaries and on-site consumption in the Town of Southold it is necessary to opt out at this time. § 106-2 Authority. This local law is adopted pursuant to Cannabis Law § 131 which expressly authorizes the town board to adopt a local law requesting the Cannabis Control Board to prohibit the establishment of cannabis retail dispensary licenses and/or on-site consumption licenses within the jurisdiction of the town and is subject to a permissive referendum, the procedure of which is governed by Municipal Home Rule Law § 24. § 106-3 Local Opt-Out. The Town Board of the Town of Southold hereby opts out of allowing cannabis retail dispensaries and on-site cannabis consumption sites from being established and operated within the Town's jurisdiction. II Severability. If any clause, sentence, paragraph, subdivision, or part of this Local Law or the application thereof to any person, firm or corporation, or circumstance, shall be adjusted by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, Southold Town Meeting Agenda - December 28, 2021 Page 12 sentence, paragraph, subdivision, or part of this Local Law or in its application to the person, individual, firm or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered. III Permissive Referendum/Referendum on Petition This local law is subject to a referendum on petition in accordance with Cannabis Law § 131 and the procedure outlined in Municipal Home Rule Law § 24. IV Effective date. This local law shall take effect immediately upon filing with the Secretary of State.  Vote Record - Resolution RES-2021-964 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 12/14 4:31 Pm LL Chapter 106 Cannabis Opt Out History: 12/14/21 Town Board ADJOURNED Next: 12/28/21 This public hearing is hereby declared recessed/adjourned at 6:02 PM until the December 28, 2021 Special Meeting of the Town Board to be held at 7:00PM.