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Home My WebLink AboutTB-12/28/2021 ELIZABETH A.NEVILLETown Hall,53095 Main Road TOWN CLERK ��psUFFQ(�co�� PO Box 1179 ti Southold,NY 11971 REGISTRAR OF VITAL STATISTICS p r Fax(631)765-6145 MARRIAGE OFFICER ��'4( yaQ� Telephone: (631)765 - 1800 RECORDS MANAGEMENT OFFICER southoldto wn.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD SOUTHOLD TOWN BOARD SPECIAL MEETING December 28, 2021 7:00 PM A Special Meeting of the Southold Town Board was held Tuesday, December 28, 2021 at the Meeting Hall, Southold,NY. 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 Organization Title Status Arrived Sarah E. Nappa Town of Southold Councilwoman Remote James Dinizio Jr Town of Southold Councilman Present Jill Doherty Town of Southold Councilwoman Present Robert Ghosio Town of Southold Councilman Remote Louisa P. Evans Town of Southold Justice Remote Scott A. Russell Town of Southold Supervisor Present Elizabeth A. Neville Town of Southold Town Clerk Present William M Duffy Town of Southold Town Attorney Present II. Reports III. Public Portion IV. Communications Pledge to the Flag Pledge to the Flag Opening Comments 1. Supervisor Scott A. Russell (There was no response.) Page 1 December 28, 2021 Southold Town Board Board Meeting 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 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 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Sarah E.Nappa Voter Q ❑ ❑ ❑ ❑ Withdrawn James Dinizio Jr Voter El Supervisor's Appt Q El El El . ❑ Tax Receiver's Appt Jill Doherty Voter Q El ❑ ❑ ❑ Rescinded Robert Ghosio Seconder 10 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Mover R ❑ ❑ ❑ ❑ Supt Hb vys Appt Scott A.Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2021-970 CATEGORY. Employment- Town DEPARTMENT. Accounting Accepts Resignation of Robert A. Fisher Page 2 December 28, 2021 Southold Town Board Board Meeting 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 D Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled D El El El Withdrawn Sarah E.Nappa Mover ❑ Supervisor's Appt James Dinizio Jr Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hb vys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 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 0 Adopted ❑ Adopted as Amended ❑ Defeated. Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Sarah E.Nappa Voter 0 11 El El ❑ Supervisor's Appt James Dinizio Jr Mover D 11 El El ❑ Tax Receiver's Appt Jill Doherty Seconder D ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter D ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost Page 3 December 28, 2021 Southold Town Board Board Meeting 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 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled El Withdrawn Sarah E.Nappa Voter Q El El ❑ Supervisor's Appt James Dinizio Jr Voter E ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover RI ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder EI ❑ ❑ ❑ El Supt Hgwys Appt Scott A.Russell Voter EI ❑ ❑ ❑ ❑ 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 0 Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated Sarah E.Nappa Voter R ❑ ❑ ❑ ❑ Tabled James Dinizio Jr Voter R ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Seconder R ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Voter 10 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P.Evans Mover Q ❑ ❑ ❑ ❑ Rescinded Scott A.Russell Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt Page 4 December 28, 2021 Southold Town Board Board Meeting ❑ 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. ✓Vote Record-Resolution RES-2021-974 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled El Withdrawn Sarah E.Nappa Voter Q El El ❑ Supervisor's Appt James Dinizio Jr Voter Q El El ❑ Tax Receiver's Appt Jill Doherty Voter Q ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost Supervisor Scott A.Russell 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 Q Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended p Sarah E.Nappa Mover Q ❑ ❑ ❑ ❑ Defeated James Dinizio Jr Voter Q ❑ ❑ ......... ❑ .... Page 5 December 28, 2021 Southold Town Board Board Meeting ❑ Tabled Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Withdrawn Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P.Evans Seconder' 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2021-976 CATEGORY: Employment- Town DEPARTMENT. Accounting Retiree Elected Officials Health Coverage 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, 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 0 Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ..... ..... ..... .. ... Sarah E.Nappa Voter D ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt James Dinizio Jr Voter 0 11 El El ❑ Tax Receiver's Appt Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost Page 6 December 28, 2021 Southold Town Board Board Meeting 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 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Sarah E.Nappa Voter Q El El ❑ Supervisor's Appt James Dinizio Jr Voter Q El El ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder E1 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Mover E1 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter E1 ❑ ❑ ❑ ❑ 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. Page 7 December 28, 2021 Southold Town Board Board Meeting ✓Vote Record-Resolution RES-2021-978 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Sarah E.Nappa Voter Q El El ❑ Supervisor's Appt Jaynes Dinizio Jr Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter Q ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder Q ❑ ❑ ❑ ❑ Supt Hgays Appt Scott A.Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2021-979 CATEGORY: Contracts, Lease &Agreements 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 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Sarah E.Nappa Mover Q ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt James Dinizio Jr Seconder Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter Q ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter Q ❑ ❑ ❑ ❑ Supt Hgvys Appt Scott A.Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2021-980 CATEGORY: Contracts, Lease &Agreements Page 8 December 28, 2021 Southold Town Board Board Meeting 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 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Sarah E.Nappa Voter Q ❑ ❑ ❑ ❑ Withdrawn El Supervisor's Appt .lames Dinizio.Ir Mover Q El El ❑ Tax Receiver's Appt Jill Doherty Seconder Q ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter Q ❑ ❑ ❑ ❑ 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 Q Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated Sarah E.Nappa Voter Q ❑ ❑ ❑ ❑ Tabled James Dinizio Jr ' Voter ' Q ' ❑ ❑ ' ❑ ❑ Withdrawn Q 11 El El Supervisor's Appt Jill Doherty Mover Robert Ghosio Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P.Evans Seconder Q ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt Scott A.Russell Voter Q ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action Page 9 December 28, 2021 Southold Town Board Board Meeting ❑ Lost 2021-964 Tabled 12114120214:30 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 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. 24 of 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. Page 10 December 28, 2021 Southold Town Board Board Meeting 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 subiect 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, 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. IH 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 21 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Ave No/Nay Abstain Absent ❑ Tabled El Withdrawn Sarah E.Nappa Voter El El El ❑ Supervisor's Appt .lames Dinizio Jr Seconder Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover Cif ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter Q ❑ ❑ ❑ ❑ Supt Hgvys Appt Scott A.Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 15. Motion To: Motion to recess to Public Hearing Page 11 December 28, 2021 Southold Town Board Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed at 7:10 PM in order to reconvene a public hearing. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Nappa, Dinizio Jr, Doherty, Ghosio, Evans, Russell 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:OOPM. This public hearing was declared closed at 7:12 PM RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Nappa, Dinizio Jr, Doherty, Ghosio, Evans, Russell Closing Comments 1. Supervisor Scott A. Russell 2. Councilwoman Jill Doherty 3. Councilman Jim Dinizio 4. Supervsior Russell 5. Councilman Dinizio 6. Councilwoman Doherty Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 7:20 P.M. Elizabeth A. Neville Page 12 December 28, 2021 Southold Town Board Board Meeting Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER:Louisa P. Evans, Justice AYES: Nappa, Dinizio Jr, Doherty, Ghosio, Evans, Russell Page 13