HomeMy WebLinkAboutAG-01/31/2023
Town Hall, 53095 Main Road
DENIS NONCARROW
P.O. Box 1179
TOWN CLERK
REGISTRAR OF VITAL STATISTICS Southold, New York 11971
MARRIAGE OFFICER Fax (631) 765-6145
RECORDS MANAGEMENT OFFICER Telephone (631) 765-1800
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
AGENDA
ABSOLUTE FINAL
SOUTHOLD TOWN BOARD
January 31, 2023
4:30 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 <http://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 <http://www.southtownny.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 the date of the meeting you wish to view 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
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
denisn@southoldtownny.gov <mailto:denisn@southoldtownny.gov>and Lynda.rudder@town.southold.ny.us
<mailto: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
4:30 PM Meeting called to order on January 31, 2023 at Meeting Hall, 53095 Route 25, Southold, NY.
Attendee Name Present Absent Late Arrived
Councilwoman Sarah E. Nappa
Councilman Greg Doroski
Councilman Brian O. Mealy
Councilwoman Jill Doherty
Justice Louisa P. Evans
Supervisor Scott A. Russell
I. Reports
II. Public Notices
1. NYS Liquor Licence
NEW
Ammirati's Catering and Events LLC
Minnow Food Co LLC, 650 1st Street. New Suffolk NY
RENEWAL
Fishers Island Yacht Club Inc.
2. NYS Liquor License Application
Minnow Food Co LLC, 650 1st Street. New Suffolk NY
III. Communications
IV. Discussion
1. 9:00 AM - Jennifer DelVaglio, Economic Development Committee
Update on the Southold Town Annual WinterFest and Request for Additional Funding
2. 9:15 AM - Jim Bunchuck, Solid Waste Coordinator
Update on Repairs to the Grinder
3. 9:30 AM - Councilwoman Nappa and Tim Abrams, Building Maintenance Supervisor
Transportation Commission Streetlight Request
4. 9:45 AM - Tim Abrams, Building Maintenance Supervisor
Update on Proposed Repairs and Upgrades to the Human Resource Center (Reso. #2023-86 Tabled on
1/17/23)
5. 10:00 AM - Kristie Hansen-Hightower
FIFD Debt Limits
6. Amendments to Chapter 275 “Wetlands and Shoreline” and Chapter 96-7 & 96-15 “Boats, Docks
and Wharves”
7. Discussion of Battery Energy Storage Systems (BESS) Moratorium
Update from 1/17/23
8. Application for Appeal to the Coastal Erosion Hazard Board of Review
MKS Realty, LLC – Set PH
9. Request for Written Comments on Proposed Lease Renewals for the Suffolk County Shellfish
Aquaculture Lease Program in Peconic Bay and Gardiners Bay
10. Supervisor Russell
Emergency Services/Response Funding Initiative Program
11. Supervisor Russell
“Draft Language” Code Revisions- Ch. 280-13 Accessory Apartments
12. Paul DeChance, Town Attorney
Town Highway System- Inclusion of Pond Avenue, Greenfield Lane, and Barley Lane
13. Paul DeChance, Town Attorney
Amendment to Ch. 51- Police Department – Set for PH
14. Paul DeChance, Town Attorney
Local Law RP-467 “Local Option” – Set for PH
15. EXECUTIVE SESSION - Potential Acquisition(S), Sale or Lease of Real Property Where
Publicity Would Substantially Affect the Value Thereof
12:30 PM - Melissa Spiro, Land Preservation Coordinator and Heather Lanza, Planning Director
- Paul DeChance, Town Attorney
16. EXECUTIVE SESSION - Labor- Matters Involving the Contract with a Particular Person
-Paul DeChance, Town Attorney
17. EXECUTIVE SESSION - Labor- Matters Involving the Employment/Appointment of a Particular
Person(S)
- Historic Preservation Commission Appointment Recommendation
- Assistant Town Attorney Position Resumes Due 2/1
1:30 PM - Michael Collins, Town Engineer
18. EXECUTIVE SESSION - Litigation
- MKS, Realty LLC
V. Resolutions
2023-135
CATEGORY: Audit
DEPARTMENT: Town Clerk
Approve Audit
RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated January 31st,
2023.
Vote Record - Resolution RES-2023-135
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
Greg Doroski
Supervisor's Appt
Brian O. Mealy
Tax Receiver's Appt
Jill Doherty
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2023-136
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,
February 14th, 2023 at the Southold Town Hall, Southold, New York at 7:00 P. M..
Vote Record - Resolution RES-2023-136
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
Greg Doroski
Supervisor's Appt
Brian O. Mealy
Tax Receiver's Appt
Jill Doherty
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2023-137
CATEGORY: Organizational
DEPARTMENT: Supervisor
Deputy Supervisor
SUPERVISOR'S APPOINTMENT
Supervisor Scott A. Russell hereby appoints Kevin Foote as Deputy Supervisor of the Town of Southold
effective immediately through December 31, 2023, subject to approval by the Town Attorney.
Vote Record - Resolution RES-2023-137
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
Greg Doroski
Supervisor's Appt
Brian O. Mealy
Tax Receiver's Appt
Jill Doherty
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2023-86
Tabled 1/3/2023 4:30 PM, 1/17/2023 7:00 PM
CATEGORY: Budget Modification
DEPARTMENT: Accounting
2023 Budget Modification - Capital (DPW/HRC)
Financial Impact:
Appropriate ARPA funds for HRC Building Improvements
WHEREAS the Town Board of the Town of Southold wishes to appropriate ARPA funding received for HRC
Building Improvements, and
WHEREAS the Town’s Capital Budget process requires a resolution to authorize and/or 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
modifies the Capital budget as follows:
Capital Project Name: HRC Building Improvements
Financing Method: Federal ARPA Funding
Budget: Increase Revenues:
H.4089.00 ARPA Funding $180,000
Total $180,000
Increase Appropriations:
H.1620.2.500.225 HRC Building Improvements $180,000
Total $180,000
Vote Record - Resolution RES-2023-86
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
Greg Doroski
Supervisor's Appt
Brian O. Mealy
Tax Receiver's Appt
Jill Doherty
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2023-100
Tabled 1/17/2023 7:00 PM
CATEGORY: Contracts, Lease & Agreements
DEPARTMENT: Town Clerk
WITHDRAWN - Trustees Legal Counsel / 2023
Financial Impact:
A.8090.4.500.200
RESOLVED that the Town Board of the Town of Southold hereby withdraws resolution 2023-100, tabled at
the January 17, 2023 regular Town Board meeting, which read as follows, in its entirety:
RESOLVED that the Town Board of the Town of Southold hereby engages the professional services of Lori
Hulse, Esquire, to provide legal counsel to the Southold Town Board of Trustees and authorizes the Supervisor
to sign a 2023 Retainer Agreement for January 1, 2023 through December 31, 2023. Compensation shall be at a
municipal rate of $1,000.00 per month. Additional expenses subject to reimbursement shall include, but are not
limited to the use of approved outside experts. Invoices submitted on a monthly basis under the terms of this
retainer agreement shall be a legal charge to budget line A.8090.4.500.200.
Vote Record - Resolution RES-2023-100
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
Greg Doroski
Supervisor's Appt
Brian O. Mealy
Tax Receiver's Appt
Jill Doherty
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2023-103
Tabled 1/17/2023 7:00 PM
CATEGORY: Agreements - Non
DEPARTMENT: Town Clerk
WITHDRAW Agreement Town of Southold and SC Board of Elections
RESOLVED that the Town Board of the Town of Southold hereby withdraws resolution 2023-103 that was
tabled at the January 17, 2023 regular Town Board meeting which read as follows, in its entirety:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A.
Russell to execute the Agreement between the Town of Southold and Suffolk County Board of Elections in
connection with leasing the Southold Town Senior Center for Primary and General Elections for 2023 and
2024, subject to the approval of the Town Attorney.
Vote Record - Resolution RES-2023-103
Adopted
Yes/Aye No/Nay Abstain Absent
Adopted as Amended
Defeated
Sarah E. Nappa
Tabled
Greg Doroski
Withdrawn
Brian O. Mealy
Supervisor's Appt
Tax Receiver's Appt
Jill Doherty
Rescinded
Louisa P. Evans
Town Clerk's Appt
Scott A. Russell
Supt Hgwys Appt
No Action
Lost
2023-138
CATEGORY: Close/Use Town Roads
DEPARTMENT: Town Clerk
Southold Athletic Assoc. 5K
Financial Impact:
Police Department Cost for Event = $1103.65
RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Southold School
District to use certain roads for a 5K race in Southold, New York on March 18, 2023, start time 9:00 AM, set up
at 7:00am, route for the 5K: beginning at the Elementary School parking lot onto Oaklawn Avenue to Route
25, east to Youngs Avenue, to Calves Neck Road, to Harper Road, Hill Road, Wells Road, back to Oaklawn
Avenue, to Pine Neck Road to Main Bayview Road to Main Road, Jockey Creek Drive back onto the Southold
School property, 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-2023-138
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
Greg Doroski
Supervisor's Appt
Brian O. Mealy
Tax Receiver's Appt
Jill Doherty
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2023-139
CATEGORY: Budget Modification
DEPARTMENT: Accounting
2023 Budget Modification- Park & Playground (Klipp Park)
Financial Impact:
Transfer Park & Playground funds to cover repairs to the Klipp Park bulkhead
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2023 General Fund Whole
Town and the Park & Recreation Fund budgets as follows:
Increase Expenditures:
A.1620.4.400.200 DPW, Property Maint/Repairs $7,700 Total $7,700
Increase Revenues:
A.5031.00 Interfund Transfers $7,700 Total $7,700
Increase Expenditures:
CR.9901.9.000.400 Transfer to General Fund $7,700 Total $7,700
Increase Revenues:
CR.5990.00 Appropriated Fund Balance $7,700 Total $7,700
Vote Record - Resolution RES-2023-139
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
Greg Doroski
Supervisor's Appt
Brian O. Mealy
Tax Receiver's Appt
Jill Doherty
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2023-140
CATEGORY: Authorize to Bid
DEPARTMENT: Town Clerk
RFP Beach Dependent Species Management
WHEREAS no Requests for proposal for the Beach Dependant Species Management Plan were received, now
therefor be it
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerks
office to re-advertise for Request for Proposals for the Beach Dependant Species Management Plan.
Vote Record - Resolution RES-2023-140
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
Greg Doroski
Supervisor's Appt
Brian O. Mealy
Tax Receiver's Appt
Jill Doherty
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2023-141
CATEGORY: Bond
DEPARTMENT: Town Clerk
Accept Performance Bond for the Standard Subdivision North Fork Estates Aka Baxter
RESOLVED that the Town Board of the Town of Southold hereby accepts the Performance Bond in the
amount of $250,000.00 for the Standard Subdivision North Fork Estates, aka Baxter, SCTM#1000-102-5-9.7,
9.8, 9.9, 9.10, as recommended by the Southold Town Planning Board, subject to the approval of the Town
Attorney.
Vote Record - Resolution RES-2023-141
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
Greg Doroski
Supervisor's Appt
Brian O. Mealy
Tax Receiver's Appt
Jill Doherty
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2023-142
CATEGORY: Employment - Town
DEPARTMENT: Accounting
Appoint Diana C Franke Full Time Account Clerk
RESOLVED that the Town Board of the Town of Southold hereby appoints Diana C. Franke to the position
of a full-time Account Clerk for the Town Clerk’s Office effective February 1, 2023, at a rate of $56,577.37
per year.
Vote Record - Resolution RES-2023-142
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
Greg Doroski
Supervisor's Appt
Brian O. Mealy
Tax Receiver's Appt
Jill Doherty
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2023-143
CATEGORY: Refund
DEPARTMENT: Human Resource Center
Refund for Katinka House Fees
RESOLVED the Town Board of the Town of Southold hereby authorizes a refund, as recommended by
Jacqueline Martinez, Senior Citizens Program Director, of $660.00 to Donald and Roasleen Wolfrom for
payment of Senior Adult Day Care fees at Katinka House for January 2023.
Vote Record - Resolution RES-2023-143
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
Greg Doroski
Supervisor's Appt
Brian O. Mealy
Tax Receiver's Appt
Jill Doherty
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2023-144
CATEGORY: Employment - Town
DEPARTMENT: Accounting
Appoint Lillian F. McCullough Full Time Executive Assistant
RESOLVED that the Town Board of the Town of Southold hereby appoints Lillian F. McCullough to the
position of a full-time Executive Assistant for the Land Preservation Department effective February 28, 2023,
at a rate of $110,000.00 per year.
Vote Record - Resolution RES-2023-144
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
Greg Doroski
Supervisor's Appt
Brian O. Mealy
Tax Receiver's Appt
Jill Doherty
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2023-145
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 #9505 effective January 19, 2023 pursuant to the Family Medical Leave Act.
Vote Record - Resolution RES-2023-145
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
Greg Doroski
Supervisor's Appt
Brian O. Mealy
Tax Receiver's Appt
Jill Doherty
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2023-146
CATEGORY: Employment - Town
DEPARTMENT: Accounting
Appoint Karen McLaughlin PT Government Liaison Officer
RESOLVED that the Town Board of the Town of Southold hereby appoints Karen McLaughlin to the
position of Part Time Government Liaison Officer for the Supervisor’s Office effective February 8, 2023, at
a rate of $48.00 per hour.
Vote Record - Resolution RES-2023-146
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
Greg Doroski
Supervisor's Appt
Brian O. Mealy
Tax Receiver's Appt
Jill Doherty
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2023-147
CATEGORY: Authorize to Bid
DEPARTMENT: Town Clerk
Rescind Resolution #2023-132 Lubricant Bid
RESOLVED that the Town Board of the Town of Southold hereby rescinds in its entirety, resolution #2023-
132, adopted at the January 17, 2023 regular Town Board meeting, which read as follows:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to
advertise for bids for supplying Automotive and Equipment Lubricants and Fluids for a period of one (1) year
from the acceptance of the bid.
Vote Record - Resolution RES-2023-147
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
Greg Doroski
Supervisor's Appt
Brian O. Mealy
Tax Receiver's Appt
Jill Doherty
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2023-148
CATEGORY: Agreements - Non
DEPARTMENT: Town Clerk
Memorandum of Understanding with Family Service League
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A.
Russell to execute a Memorandum of Understanding between the Family Service League and Southold Town to
provide in-kind services through Senior Services Naturally Occurring Retirement Community Project (NORC),
from January 1, 2023 through December 31, 2023 , subject to approval by the Town Attorney.
Vote Record - Resolution RES-2023-148
Adopted
Yes/Aye No/Nay Abstain Absent
Adopted as Amended
Sarah E. Nappa
Defeated
Tabled
Greg Doroski
Withdrawn
Brian O. Mealy
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Rescinded Louisa P. Evans
Town Clerk's Appt
Scott A. Russell
Supt Hgwys Appt
No Action
Lost
2023-149
CATEGORY: Ratify Fishers Island Reso.
DEPARTMENT: Fishers Island Ferry District
FIFD 1/23/23 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 January 23, 2023 meeting, as follows:
FIFD
Resolution# Regarding
2023-011 Customer Write Offs
2023-012 Bud Mod Rescind
2023-013 Bud mod Replace
2023-014 Budget Modification
2023-015 Purchasing Card program
Vote Record - Resolution RES-2023-149
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
Greg Doroski
Supervisor's Appt
Brian O. Mealy
Tax Receiver's Appt
Jill Doherty
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2023-150
CATEGORY: Contracts, Lease & Agreements
DEPARTMENT: Town Clerk
Engagement Letter with Rehn & Maresco, Certified Public Accountants
Financial Impact:
charge to the Community Preservation Fund budget line CM.1320.4.500.300.
WHEREAS on February 2, 2021, the Town Board of the Town of Southold accepted the bid of Rehn &
Maresco, Certified Public Accountants, East Setauket, New York, for the preparation of an annual audit of the
Community Preservation Funds for the year 2020 with an option for renewal under the same terms and
conditions for two additional one-year periods in the amount of $5,500 for the year 2021 and for $5,500 for the
year 2022, and
WHEREAS both parties have agreed to renew the engagement for the 2022 CPF Audit in accordance with the
bid proposal; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott
A. Russell to execute an engagement letter with Rehn & Maresco, Certified Public Accountants,
regarding the preparation of an annual audit of the Peconic Bay Community Preservation Fund for the
year ended December 31, 2022 in an amount not to exceed $5,500, all in accordance with the bid proposal
and subject to the approval of the Town Attorney. This shall be a charge to the Community Preservation Fund
budget line CM.1320.4.500.300.
Vote Record - Resolution RES-2023-150
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
Greg Doroski
Supervisor's Appt
Brian O. Mealy
Tax Receiver's Appt
Jill Doherty
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2023-151
CATEGORY: Misc. Public Hearing
DEPARTMENT: Town Clerk
PH 2/28 9:00 Am - MSK Realty LLC - CEA
IT IS HEREBY RESOLVED that the Town Board of the Town of Southold sets February 28, 2023 at 9:00
a.m. in the Town Meeting Hall, 53095 Main Road, Southold, New York 11971, as the time and place for a
public hearing on the Coastal Erosion Hazard Board of Review Appeal of MSK Realty, LLC, relating to a
proposed new single-family dwelling, garage, swimming pool and deck proposed to be located at 1925 North
Sea Drive, Southold, SCTM #1000-54-4-20, and directs the Town Clerk to publish notice of such appeal in The
Suffolk Times not less than ten (10) days nor more than thirty (30) days prior to such hearing and to notify the
applicant by first class mail.
Vote Record - Resolution RES-2023-151
Adopted
Yes/Aye No/Nay Abstain Absent
Adopted as Amended
Defeated
Sarah E. Nappa
Tabled
Greg Doroski
Withdrawn
Brian O. Mealy
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Rescinded
Louisa P. Evans
Town Clerk's Appt
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2023-152
CATEGORY: Contracts, Lease & Agreements
DEPARTMENT: Town Clerk
Agreement for Lubircant Piggy Backing
Financial Impact:
account
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A.
Russell to execute an Agreement between the Town of Southold and Advance Stores, Co. b/d/a Advance Auto
Parts, Grade A Petroleum, Fleetpride, Inc. and Morgan Auto Supply, Inc for the for the purchase of lubricants
(motor oil, hydraulic fluids, etc.) pursuant to the terms and conditions of the accepted and contracted bid dated
July 7, 2022 with the Town of East Hampton and extended to the Town of Southold pursuant to Section 103
(16) of the General Municipal Law, subject to the approval of the Town Attorney and funded from various
budget lines.
Vote Record - Resolution RES-2023-152
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
Greg Doroski
Supervisor's Appt
Brian O. Mealy
Tax Receiver's Appt
Jill Doherty
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2023-153
CATEGORY: Authorize Payment
DEPARTMENT: Solid Waste Management District
C&D Transfer Fee
WHEREAS the Town of Brookhaven has raised its fee for disposal of construction and demolition debris
(C&D) for 2023 for all contractors using their facility, and
WHEREAS this fee increase has been applied to Mattituck Environmental Services, Inc., the contractor
hauling Southold’s C&D to Brookhaven for disposal,
It is hereby RESOLVED by The Town Board of The Town of Southold to approve an increase of $1 per ton in
the fee paid to Mattituck Environmental Services, Inc. for removal and disposal of C&D from the Cutchogue
Transfer Station for calendar year 2023, such fee increase to take effect retroactively as of January 1, 2023.
Vote Record - Resolution RES-2023-153
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
Greg Doroski
Supervisor's Appt
Brian O. Mealy
Tax Receiver's Appt
Jill Doherty
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2023-154
CATEGORY: Employment - FIFD
DEPARTMENT: Accounting
Approve Resolution Number 2023-009
RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves Resolution Number
2023-009 of the Fishers Island Ferry District adopted January 23, 2023 which reads as follows:
RESOLVED, that per the collective bargaining agreement signed May 2022, employee 54262 of the FIFD will
be receiving 2.5% cost of living increase to his hourly wage starting January 1, 2023
Vote Record - Resolution RES-2023-154
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
Greg Doroski
Supervisor's Appt
Brian O. Mealy
Tax Receiver's Appt
Jill Doherty
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2023-155
CATEGORY: Legal
DEPARTMENT: Town Attorney
Authorize 1080 Carol Avenue Subdivision Paperwork
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Supervisor,
Scott Russell, to execute all documents required to facilitate the land division application for the parcel located
at 1080 Carroll Avenue, Peconic, New York and known as SCTM # 1000-75-01-6.
Vote Record - Resolution RES-2023-155
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
Greg Doroski
Supervisor's Appt
Brian O. Mealy
Tax Receiver's Appt
Jill Doherty
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2023-156
CATEGORY: Budget Modification
DEPARTMENT: Highway Department
2022 Budget Modification - Highway
Financial Impact:
Transfer of Money
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2022 Highway Fund Part
Town budget as follows:
From:
DB.5130.4.400.650 Maintenance & Repairs $ 2,500.00
DB.5140.4.100.900 Landscaping Materials $ 310.00
Total $ 2,810.00
TO:
DB.5130.4.100.500 Parts & Supplies $ 2,500.00
DB.5140.4.100.400 Implements (Small Tools) $ 310.00
Total $ 2,810.00
Vote Record - Resolution RES-2023-156
Adopted
Yes/Aye No/Nay Abstain Absent
Adopted as Amended
Sarah E. Nappa
Defeated
Greg Doroski
Tabled
Withdrawn Brian O. Mealy
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Louisa P. Evans
Rescinded
Scott A. Russell
Town Clerk's Appt
Supt Hgwys Appt
No Action
Lost
2023-157
CATEGORY: Local Law Public Hearing
DEPARTMENT: Town Attorney
PH 3/14 7:00 Pm LL COZ 1080 Carol Ave
WHEREAS, the Town Board of the Town of Southold on its own motion shall consider an application to
rezone part of the parcel located at 1080 Carroll Avenue, Peconic, New York and known as SCTM #1000-75-
01-6 (to be subdivided), consisting of the 5.0 acre southernmost portion of said parcel as depicted on the
attached plan, from Agricultural Conservation (A-C) to Affordable Housing District (AHD); and
WHEREAS, a Local Law entitled “A Local Law to amend the Zoning Map of the Town of Southold by
Changing the Zoning Designation of the 5.0 acre parcel to be subdivided from the parcel known as SCTM
#1000-75-01-6, from Agricultural Conservation (A-C) to Affordable Housing District (AHD)” has been
presented to the Town Board of the Town of Southold for the purpose of effectuating said rezoning.
NOW, THEREFORE, BE IT
RESOLVED that the Town Board of the Town of Southold on the Town Board’s own motion is considering a
change of zone of a portion of the parcel known as SCTM #1000-75-01-6 from Agricultural Conservation (A-
C) to Affordable Housing District (AHD); and be it further
RESOLVED that the Town Board of the Town of Southold hereby declares itself lead agency for the purposes
of SEQRA review for the subject change of zone; and be it further
RESOLVED that the Town Board of the Town of Southold has requested the Planning Board and/or Planning
Staff to prepare a report and recommendations on the proposed rezoning, including a SEQRA report and
recommendation; and it is further
RESOLVED that the Town Clerk of the Town of Southold is directed to forward the matter to the Suffolk
County Planning Commission, along with any associated fees, for a report and recommendation; and it is
further
RESOLVED that pursuant to the requirements of the New York State Town Law and the Code of the Town of
Southold, Suffolk County, New York, the Town Board of the Town of Southold will hold a public hearing on
a proposed Local Law entitled “A Local Law to amend the Zoning Map of the Town of Southold by
Changing the Zoning Designation of the 5.0 acre parcel to be subdivided from the parcel known as
SCTM #1000-75-01-6, from Agricultural Conservation (A-C) to Affordable Housing District (AHD)” at
Southold Town Hall, 53095 Main Road, Southold, New York, on the 14th day of March, 2023 at 7:00 p.m.
Vote Record - Resolution RES-2023-157
Adopted
Yes/Aye No/Nay Abstain Absent
Adopted as Amended
Sarah E. Nappa
Defeated
Greg Doroski
Tabled
Withdrawn
Brian O. Mealy
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Louisa P. Evans
Rescinded
Town Clerk's Appt
Scott A. Russell
Supt Hgwys Appt
No Action
Lost
2023-158
CATEGORY: Employment - Town
DEPARTMENT: Accounting
Appoint John Kirincic Harbormaster II
RESOLVED that the Town Board of the Town of Southold hereby appoints John Kirincic to the position of
Harbormaster II for the Police Department, effective February 1, 2023, at a rate of $81,442.19 per annum.
Vote Record - Resolution RES-2023-158
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
Greg Doroski
Supervisor's Appt
Brian O. Mealy
Tax Receiver's Appt
Jill Doherty
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2023-159
CATEGORY: Agreements - Non
DEPARTMENT: Town Attorney
Cancel Lease for 141-4-29
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs that Notice be sent to
North Fork Bank and Trust Company and its agents cancelling the lease agreement dated April 12, 1982
between the Town of Southold and North Fork Bank and Trust Co. concerning the lease of that parcel of real
property at Mattituck, Town of Southold, Suffolk County, New York described as follows:
Bounded North by Pike Street, West by Westphalia , South by the Protestant Episcopal Church and The
Town of Southold, east by Langer and the extension southerly of such line. SCTM 1000-141.00-04.00
Vote Record - Resolution RES-2023-159
Adopted
Yes/Aye No/Nay Abstain Absent
Adopted as Amended
Defeated
Sarah E. Nappa
Tabled
Greg Doroski
Withdrawn
Brian O. Mealy
Supervisor's Appt
Tax Receiver's Appt
Jill Doherty
Rescinded
Louisa P. Evans
Town Clerk's Appt
Scott A. Russell
Supt Hgwys Appt
No Action
Lost
2023-160
CATEGORY: Misc. Public Hearing
DEPARTMENT: Land Preservation
PH 2/14 7:00 Pm Elizabeth Lind Revocable Trust Land Purchase
RESOLVED that pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17
(Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets
th
Tuesday, February 14, 2023, at 7:00 p.m., Southold Town Hall, 53095 Main Road, Southold, New York
as the time and place for a public hearing for the purchase of property owned by Elizabeth Lind
Revocable Trust. Said property is identified as SCTM #1000-50.-5-1. The address of the property is 2000
Lighthouse Road, Southold. The property is located within the Agricultural-Conservation (A-C) zoning district.
The proposed acquisition is for the Town of Southold to acquire fee title to the entire property, totaling
approximately 8.06 acres, for open space preservation. The exact area of the purchase is subject to survey.
The purchase price for the 8.06± acre parcel is $1,300,000 (one million three hundred thousand dollars) plus
acquisition costs associated with the purchase of this property. The purchase will be funded by the Town’s
Community Preservation Fund. There is a barn located on the property, the barn will be removed after
acquisition. Removal of the barn is an eligible CPF expenditure.
The property is listed on the Town’s Community Preservation Project Plan as property that should be preserved
for open space preservation. The purpose of this acquisition is for open space and passive recreational purposes.
The property is across from Town owned open space land known as Hummels Pond. Proposed uses of the
property may include the establishment of a nature preserve and passive recreational area with trails and limited
parking for access purposes, all subject to a Management Plan which will be developed for this property.
The Land Preservation Coordinator has reviewed the acquisition in accordance with Chapter 117 (Transfer of
Sanitary Flow Credits) of the Code of the Town of Southold. Seventeen point five (17.5) Sanitary Flow Credits
may be available for transfer from the property upon the Town’s purchase of the property. The transfer of the
Sanitary Flow Credits will not be finalized, and shall not occur, until the Town closes on the property, and the
Town Board passes a resolution allowing the transfer of such credit into the Town sanitary flow credit (SFC)
bank.
FURTHER NOTICE is hereby given that a more detailed description of the above-mentioned parcel of land is
on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York,
and may be examined by any interested person during business hours.
Vote Record - Resolution RES-2023-160
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
Greg Doroski
Supervisor's Appt
Brian O. Mealy
Tax Receiver's Appt
Jill Doherty
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2023-161
CATEGORY: Local Law Public Hearing
DEPARTMENT: Town Attorney
PH 2/14 7:00 Pm LL Chapter 245 - Senior Citizens
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York,
on the 31st day of January, 2023, a Local Law entitled “A Local Law in relation to Amendments to Chapter
245, entitled Partial Exemption for Senior Citizens” now, therefore, be it
RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local
th
Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the day of February 14, 2023 at
7:00 p.m. at which time all interested persons will be given an opportunity to be heard.
The proposed Local Law entitled, “A Local Law in relation to Amendments to Chapter 245, entitled
Partial Exemption for Senior Citizens” Reads as follows:
LOCAL LAW NO. 2023
A Local Law entitled, “A Local Law in relation to Amendments to Chapter 245, entitled Partial
Exemption for Senior Citizens”.
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose.
It has been determined by the Town Board that there is a continuing need to refine the definition of
“income” for senior citizen exemptions, considering the current pace of inflation. This Amendment modifies the
definition of income for this tax exemption to exclude veteran's disability compensation, as defined in Title 38
of the United States Code, as authorized by New York State Law.
II . Chapter 245- 2 Conditions
No exemption shall be granted:
A. If the income of the owner or the combined income of the owners of the property for the
income tax year immediately preceding the date of making application for exemption
exceeds the sum of $58,400 as provided by local law pursuant to this section. Where the
taxable status date is on or before April 14, “income tax year” shall mean the
twelve-month period for which the owner or owners filed a federal personal income tax
return for the year before the income tax year immediately preceding the date of
application. And Where the taxable status date is on or after April 15, “income tax year”
shall mean the twelve-month period for which the owner or owners filed a federal
personal income tax return for the income year immediately preceding the date of the
application. Where title is vested in either the husband or the wife, their combined
income may not exceed such sum. Such income shall include social security and
retirement benefits; interest; dividends; total gain from the sale or exchange of a capital
asset, which may be offset by a loss from the sale or exchange of a capital asset in the
same income tax year; net rental income; salary or earnings; and the net income from
self-employment, but not including a return of capital, gifts or inheritances. The
provisions of this subsection notwithstanding, such income shall not include
veterans’ disability compensation, as defined in Title 38 of the United States Code.
In computing net rental income and net income from self-employment, no depreciation
deduction shall be allowed for the exhaustion, wear and tear of real or personal property
held for the production of income.
III. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of
competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part
thereof other than the part so decided to be unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall apply to the assessment rolls prepared on the basis of taxable status dates occurring on or
after January 1, 2023. This Local Law shall take effect immediately upon filing with the Secretary of State as
provided by law.
Vote Record - Resolution RES-2023-161
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
Greg Doroski
Supervisor's Appt
Brian O. Mealy
Tax Receiver's Appt
Jill Doherty
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2023-162
CATEGORY: Local Law Public Hearing
DEPARTMENT: Town Attorney
PH 2/14 7:00 Pm - LL Chapter 51 Police Department
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York,
st
on the 31 day of January, 2023, a Local Law entitled “A Local Law in relation to an Amendment to
Chapter 51, Police Department, in connection with Village of Greenport” and
WHERAS that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law
TH
at Southold Town Hall, 53095 Main Road, Southold, New York, on the 14 day of February, 2023 at 7:00
p.m. at which time all interested persons will be given an opportunity to be heard.
The proposed Local Law entitled, “A Local Law in relation to an Amendment to Chapter 51, Police
Department, in connection with Village of Greenport” which reads as follows:
LOCAL LAW NO. 2023
A Local Law entitled, “A Local Law in relation to an Amendment to Chapter 51, Police Department, in
connection with Village of Greenport”
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose
The Purpose of the amendment is to update the Southold Town Code
II. Amendment.
The Southold Town Code is hereby amended by removing the struck through words and adding the underlined
words as follows:
Chapter 51 - Police Department
51-1 Establishment; members; powers and duties; compensation and equipment.
A. There is hereby established a Police Department for that portion of the Town of
Southold outside the Incorporated Village of Greenport.
B. There shall be in such Police Department a Chief of Police and such number of
Lieutenants, Sergeants, patrolmen, watchmen, special police and other officers
and employees as shall be determined by the Town Board.
C. When appointed, such policemen shall be peace officers and shall have all the
powers and be subject to all the duties and liabilities of a constable of the Town in
all criminal actions, proceedings and special proceedings of a criminal nature, and
such additional powers, not inconsistent with law, as shall be conferred upon them
by the Town Board.
D. The compensation of the members of such Department shall be a Town charge
and the manner of payment thereof shall be fixed and determined by the Town
Board. The Town shall pay for the cost of the uniforms and necessary equipment
of such policemen.
III. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of
competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part
thereof other than the part so decided to be unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law.
Vote Record - Resolution RES-2023-162
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
Greg Doroski
Supervisor's Appt
Brian O. Mealy
Tax Receiver's Appt
Jill Doherty
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2023-163
CATEGORY: Misc. Public Hearing
DEPARTMENT: Land Preservation
PH 2/14 7:00 Pm WW Farms, LLC - CE
RESOLVED that pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17
(Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets
Tuesday, February 14, 2023, at 7:00 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as
the time and place for a public hearing for the purchase of property from WW Farms, LLC. Said property
is identified as SCTM #1000-101.-1-8.2 and 1000-101.-1-8.3. The total area of the property is 32± acres. The
address of the property is 15325 Middle Road (CR 48) in Cutchogue. The property is located on the northerly
side of Middle Road (CR 48) approximately 1,260 feet southwest of Alvah’s Lane. The property is located
within the Agricultural-Conservation (A-C) Zoning District. SCTM# 1000-101.-1-8.2 is approximately 24 acres
of unencumbered land; SCTM# 1000-101.-1-8.3 is approximately 8 acres encumbered with a conservation
easement granted to the Peconic Land Trust, Incorporated on May 15, 2006.
The proposed acquisition is for the Town of Southold, in a joint 50%/50% partnership with the County of
Suffolk, to acquire fee title to the entire 32 acre property for open space preservation. The exact area of the
purchase is subject to survey. The purchase price for the entire 32 acre parcel is $2,848,000 (two million eight
hundred forty-eight thousand dollars) and is the sum of the purchase price of $2,640,000 for SCTM# Lot 8.2
and $208,000 for SCTM# Lot 8.3. The purchase will be funded by the Town’s Community Preservation Fund
and the County of Suffolk in a 50%/50% partnership which will include the purchase price and any related
acquisition costs associated with the purchase of this property.
The property is listed on the Town’s Community Preservation Project Plan as property that should be preserved
for preservation of open space and aquifer recharge areas. The purpose of this acquisition is for open space,
passive recreational purposes and aquifer recharge preservation. Proposed uses of the property may include the
establishment of a nature preserve, passive recreational area with trails and limited parking for access purposes,
all subject to a management plan that will be developed for the property.
The Land Preservation Coordinator has reviewed the acquisition in accordance with Chapter 117 (Transfer of
Development Rights) of the Code of the Town of Southold. Sanitary Flow Credits may be available for transfer
from the property upon the purchase of the property. The County of Suffolk will determine if Sanitary Flow
Credits (a/k/a County Workforce Housing Development Rights) are available, and if so, the number of Sanitary
Flow Credits available from the property. Any available Sanitary Flow Credits will be divided between the
County and the Town in accordance with the 50%/50% joint partnership percentage. The Seller has requested,
and the Town Board has agreed, that the transfer of the Sanitary Flow Credits allotted to the Town for this
project will be restricted to use of affordable housing pursuant to Chapter 117-3B. and will not be finalized, and
shall not occur, until the County/Town closes on the property, and the Town Board passes a resolution allowing
the transfer into the Town Sanitary Flow Credit Bank for affordable housing.
FURTHER NOTICE is hereby given that a more detailed description of the above-mentioned parcel of land is
on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York,
and may be examined by any interested person during business hours.
Vote Record - Resolution RES-2023-163
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
Greg Doroski
Supervisor's Appt
Brian O. Mealy
Tax Receiver's Appt
Jill Doherty
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2023-164
CATEGORY: Local Law Public Hearing
DEPARTMENT: Town Attorney
PH 3/14 7:00 Pm - LL Moratorium Battery Energy Storage System Facilities
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York,
st
on the 31 day of January 2023, a Local Law entitled, “A Local Law in relation to a temporary
moratorium on the issuance of approvals and/or permits for Battery Energy Storage System (BESS)
facilities” now, therefore, be it
RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local
th
Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 14 day of March, 2023 at
7:00 p.m. at which time all interested persons will be given an opportunity to be heard.
The proposed Local Law entitled, “A Local Law in relation to a temporary moratorium on the issuance of
approvals and/or permits for Battery Energy Storage System (BESS) facilities” reads as follows:
LOCAL LAW NO. 2023
A Local Law entitled, “A Local Law in relation to a temporary moratorium on the issuance of approvals
and/or permits for Battery Energy Storage System (BESS) facilities.
BE IT ENACTED by the Town Board of the Town of Southold, as follows:
I. Purpose
The Town recognizes that Battery Energy Storage System (BESS) facilities are a key
component to the viability and promotion of renewable energy sources, however, the
technology of these systems is still in its infancy. This moratorium is necessary to permit the Town to
undertake a thorough examination of these systems to identify any possible threats to public health,
safety and welfare as well as evaluate the potential for environmental degradation. These issues are of
great public concern and it is important that the potential for any risks is thoughtfully reviewed with in-
depth analysis and that mitigation measures are identified to ensure the continued protection of our
community and of our environment. Such findings will assist in the crafting of code that will determine
criteria for future siting, site design, safety requirements and all other elements that may be necessary for
approval.
II. Enactment of a Temporary Moratorium
Until twelve (12) months from the effective date of this Local Law, after which this
Local Law shall lapse and be without further force and effect and subject to any other
Local Law adopted by the Town Board during the twelve (12) month period, no
agency, board, board officer or employee of the Town of Southold including but not
limited to, the Town Board, the Zoning Board of Appeals, the Trustees, the Planning
Board , or the Building Inspector(s) issuing any building permit pursuant to any
provision of the Southold Town Code, shall issue, cause to be issued or allow to be
issued any approval, special exception, variance, site plan, building permit, subdivision, or
permit for any use identified as a Battery Energy Storage System (BESS) facility.
III. Exclusions
This Local Law shall not apply:
1) to any person or entity who/which has, prior to the effective date of this Local Law, obtained
all permits required for such a facility and, relying upon such permission, has undertaken
significant development of such facility.
2) To any application by a municipal corporation or special district or fire district.
IV. Authority To Supersede
To the extent and degree any provisions of this Local Law are construed as inconsistent
with the provisions of Town Law, this Local Law is intended pursuant to Municipal
Home Rule Law to supersede any said inconsistent authority.
V. Variance To This Moratorium
Any person or entity suffering unnecessary hardship as that term is used and construed in
Town Law section 267-b(2)(b), by reason of the enactment and continuance of this
moratorium, may apply to the Town Board for a variance excepting the proposed use
from the temporary moratorium and allowing issuance of a permit all in accordance with
the provisions of this Southold Town Code.
VI. 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 impair or
invalidate the remainder of this Local Law.
VII. Effective Date
This Local Law shall take effect immediately upon filing with the Secretary of State.
Vote Record - Resolution RES-2023-164
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
Greg Doroski
Supervisor's Appt
Brian O. Mealy
Tax Receiver's Appt
Jill Doherty
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2023-165
CATEGORY: Budget Modification
DEPARTMENT: Accounting
2023 Budget Modification- Trustees
Financial Impact:
Increase budget for unanticipated cost increase
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2023 General Fund Whole
Town budget as follows:
From:
Trustees:
A.8090.2.200.200 Other Equipment/Miscellaneous Equipment $5,000
A.8090.2.200.400 Other Equipment/Pump Out Boat Equipment 1,000 Total $6,000
To:
A.8090.4.500.200 Trustees, Professional Services $6,000 Total $6,000
Vote Record - Resolution RES-2023-165
Yes/Aye No/Nay Abstain Absent
Adopted
Adopted as Amended
Sarah E. Nappa
Defeated
Greg Doroski
Tabled
Brian O. Mealy
Withdrawn
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Louisa P. Evans
Rescinded
Scott A. Russell
Town Clerk's Appt
Supt Hgwys Appt
No Action
Lost
2023-166
CATEGORY: Contracts, Lease & Agreements
DEPARTMENT: Town Attorney
Trustees Legal Counsel 2023
Financial Impact:
A.8090.4.500.200.
RESOLVED that the Town Board of the Town of Southold hereby engages the professional services of Lori
Hulse, Esquire, to provide legal counsel to the Southold Town Board of Trustees and authorizes the
Supervisor to sign a 2023 Retainer Agreement for January 1, 2023 through December 31, 2023.
Compensation shall be at a municipal rate of $1,500.00 per month. Additional expenses subject to
reimbursement shall include, but are not limited to the use of approved outside experts. Invoices submitted on a
monthly basis under the terms of this retainer agreement shall be a legal charge to budget line
A.8090.4.500.200.
Vote Record - Resolution RES-2023-166
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
Greg Doroski
Supervisor's Appt
Brian O. Mealy
Tax Receiver's Appt
Jill Doherty
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2023-167
CATEGORY: Budget Modification
DEPARTMENT: Accounting
2023 Budget Modification- Capital (DPW)
Financial Impact:
Increase budget for 2023 Capital Plan item- Ballfield Groomer
WHEREAS the Town Board of the Town of Southold approved the 2023 Capital Plan, which included funding
for the purchase of a ballfield groomer,
WHEREAS, this project also requires additional funding due to price increases,
WHEREAS the Town’s Capital Budget process requires a resolution to formally establish Capital Budget items
in the Capital Fund, now therefore be it
RESOLVED that the Town Board of the Town of Southold hereby authorizes the establishment of the
following Capital Projects and amends the Park & Recreation Fund and Capital Budget as follows:
Capital Project Name: Ballfield Groomer
Financing Method: Transfer from the Park and Recreation Fund
Capital Budget: Revenues:
H.5031.54 Interfund Transfers
Parks & Playground $26,300
Total $26,300
Appropriations:
H.7197.2.500.00 Recreation, Capital Outlay
Ballfield Groomer $26,300
Total $26,300
Park & Recreation Budget:
Increase Revenues:
CR.5990.00 Appropriated Fund Balance $26,300
Total $26,300
Increase Appropriations:
CR.9901.9.000.100 Interfund Transfers, Transfer to Capital $26,300
Total $26,300
Vote Record - Resolution RES-2023-167
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
Greg Doroski
Supervisor's Appt
Brian O. Mealy
Tax Receiver's Appt
Jill Doherty
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2023-168
CATEGORY: Bond
DEPARTMENT: Town Clerk
Bond - Heavy Highway Equipment
BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK,
ADOPTED JANUARY 31, 2023, AUTHORIZING THE ACQUISITION OF
HEAVY HIGHWAY EQUIPMENT, STATING THE ESTIMATED MAXIMUM
COST THEREOF IS $500,000, APPROPRIATING SAID AMOUNT FOR
SUCH PURPOSE, AND AUTHORIZING THE ISSUANCE OF BONDS IN
THE PRINCIPAL AMOUNT OF $500,000 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 heavy highway equipment, consisting of a dump truck with plow and
a garbage truck. The aggregate estimated maximum cost thereof, including preliminary costs and costs
incidental thereto and the financing thereof, is $500,000 and said amount is hereby appropriated for such
purpose. The plan of financing includes the issuance of bonds in the principal amount of $500,000 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 $500,000 are hereby 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,
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 publish or cause to
be published, in full, in the official newspaper of the Town, having a general circulation within said Town, and
posted on the sign board of the Town maintained pursuant to the Town Law, a Notice in substantially the
following form appearing in Exhibit A hereto.
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 official newspaper of the Town,
having a general circulation within said Town, together with a Notice in substantially the form as provided by
Section 81.00 of the Law.
* * *
EXHIBIT A
(Below is the Notice for Publication and Posting)
TOWN OF SOUTHOLD, NEW YORK
PLEASE TAKE NOTICE that on January 31, 2023, 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 January 31, 2023, authorizing
the acquisition of heavy highway equipment, stating the estimated maximum cost thereof is
$500,000, appropriating said amount for such purpose, and authorizing the issuance of bonds
in the principal amount of $500,000 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 heavy highway equipment, consisting of a dump truck with plow
and a garbage truck; STATING the aggregate estimated maximum cost thereof, including preliminary costs, and costs incidental
thereto and the financing thereof, is $500,000; APPROPRIATING said amount for such purpose; and STATING the plan of financing
includes the issuance of bonds in the principal amount of $500,000 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 $500,000 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
SIXTH: DETERMINING that the bond resolution is subject to a permissive referendum.
DATED: January 31, 2023
Denis Noncarrow
Town Clerk
Vote Record - Resolution RES-2023-168
Adopted
Yes/Aye No/Nay Abstain Absent
Adopted as Amended
Sarah E. Nappa
Defeated
Tabled
Greg Doroski
Withdrawn
Brian O. Mealy
Supervisor's Appt
Tax Receiver's Appt
Jill Doherty
Rescinded
Louisa P. Evans
Town Clerk's Appt
Scott A. Russell
Supt Hgwys Appt
No Action
Lost
2023-169
CATEGORY: Authorize to Bid
DEPARTMENT: Engineering
Advertise for the Demolition of the Sill's Farm Buildings
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to
advertise for bids for the demolition and removal of the Sill’s Farm Buildings located at 70282 & 70284
Main Road (NYS Route 25) in Greenport, New York, subject to the approval of the Town Attorney.
Vote Record - Resolution RES-2023-169
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
Greg Doroski
Supervisor's Appt
Brian O. Mealy
Tax Receiver's Appt
Jill Doherty
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2023-170
CATEGORY: Employment - Town
DEPARTMENT: Accounting
Terminate Employment - Employee # 5597
RESOLVED that the Town Board of the Town of Southold hereby terminates the employment of employee
# 5597 effective January 31, 2023.
Vote Record - Resolution RES-2023-170
Adopted
Yes/Aye No/Nay Abstain Absent
Adopted as Amended
Sarah E. Nappa
Defeated
Tabled Greg Doroski
Withdrawn
Brian O. Mealy
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Rescinded
Louisa P. Evans
Town Clerk's Appt
Scott A. Russell
Supt Hgwys Appt
No Action
Lost
2023-171
CATEGORY: Legal
DEPARTMENT: Town Attorney
Dedication of Throughfares
WHEREAS, the following public throughfares were acquired by the Town on 1/11/2002:
Pond Ave Hamlet of Southold
Greenfield Lane Hamlet of Southold
Barley Lane Hamlet of Southold; and
WHEREAS, said public throughfare have been owned, maintained and improved by the Town for a period of
ten (10) years or more; and
WHEREAS the Southold Town Superintendent of Highways has inspected said throughfares and has advised
the Town Board that said throughfares comply in all aspects with the specifications for the dedication of
highways in the Town of Southold; be it
RESOLVED, that in accordance with Section 189 of the New York Highway Law (Highways by use) the
Town hereby declares said throughfares as highways by use with the same force and effect as said throughfares
had been duly laid out and recorded as highways ; and that same are hereby dedicated as part of the Town
Highway System ; and be it further
RESOLVED, that the Town Clerk be, and hereby is, authorized and directed to forthwith cause the said
throughfares of Pond Ave, Greenfield Lane and Barley Lane to be included in the Towns Highway system and
shall cause the dedication, release and deed to be recorded in the office of the Clerk of the County of Suffolk,
New York.
Vote Record - Resolution RES-2023-171
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
Greg Doroski
Supervisor's Appt
Brian O. Mealy
Tax Receiver's Appt
Jill Doherty
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2023-172
CATEGORY: Agreements - Non
DEPARTMENT: Town Attorney
Contract with SC Board of Election - Recreation
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A.
Russell to execute the Agreement between the Town of Southold and Suffolk County Board of Elections in
connection with leasing the Southold Town Recreation Center, 970 Peconic Lane, Peconic, NY 11958 , for
Primary and General Elections for 2023 and 2024, subject to the approval of the Town Attorney.
Vote Record - Resolution RES-2023-172
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
Greg Doroski
Supervisor's Appt
Brian O. Mealy
Tax Receiver's Appt
Jill Doherty
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2023-173
CATEGORY: Committee Appointment
DEPARTMENT: Town Clerk
Appoint Member to the Historic Preservation Commission
RESOLVED that the Town Board of the own of Southold hereby appoints Marina de Concillis as a member of
the Historic Preservation Commission, effective immediately.
Vote Record - Resolution RES-2023-173
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
Greg Doroski
Supervisor's Appt
Brian O. Mealy
Tax Receiver's Appt
Jill Doherty
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2023-174
CATEGORY: Budget Modification
DEPARTMENT: Accounting
2023 Budget Modification- Capital
Financial Impact:
Update budget for 2023 Capital Plan items
WHEREAS the Town Board of the Town of Southold approved the 2023 Capital Plan, which included various
appropriations,
WHEREAS the Town Board wishes to amend the revenue source of certain projects,
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 amends the 2023 General Fund Whole
Town Fund, 2023 Park & Recreation Fund, 2023 Highway Part Town Fund, the following capital
projects and the Capital Budget as follows:
Capital Project Name: Downs Farm Improvements
Financing Method: Transfer from the Park & Recreation Fund
Capital Budget: Increase Revenues:
H.5031.54 Interfund Transfers,
Park & Playground $50,000
Total $50,000
Decrease Revenues:
H.5031.53 Interfund Transfers,
Park Improvements $50,000
Total $50,000
Capital Project Name: DPW 72” Mower
Financing Method: Transfer from the Park & Recreation Fund
Capital Budget: Increase Revenues:
H.5031.54 Interfund Transfers,
Park & Playground $19,000
Total $19,000
Decrease Revenues:
H.5031.17 Interfund Transfers,
DPW Equipment $19,000
Total $19,000
General Whole Town Fund:
Decrease Revenues
A.4089 ARPA Funding $69,000
Decrease Appropriations
A.9901.9.000.100 Transfer to Capital $69,000
Park & Recreation Fund:
Increase Revenues
CR.5990.00 Appropriated Fund Balance $69,000
Increase Appropriations
CR.9901.9.000.100 Transfer to Capital $69,000
Highway Part Town Fund:
Decrease Revenues
DB.4089 ARPA Funding $485,000
Increase Revenues
DB.5990.00 Appropriated Fund Balance $485,000
Vote Record - Resolution RES-2023-174
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
Greg Doroski
Supervisor's Appt
Brian O. Mealy
Tax Receiver's Appt
Jill Doherty
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2023-175
CATEGORY: Consulting
DEPARTMENT: Town Attorney
Melissa Spiro Consulting
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A.
Russell to execute an agreement with Melissa Spiro for consulting services for the Southold Town Land
Preservation Department, all in accordance with the Town Attorney.
Vote Record - Resolution RES-2023-175
Adopted
Yes/Aye No/Nay Abstain Absent
Adopted as Amended
Sarah E. Nappa
Defeated
Greg Doroski
Tabled
Brian O. Mealy
Withdrawn
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Louisa P. Evans
Rescinded
Scott A. Russell
Town Clerk's Appt
Supt Hgwys Appt
No Action
Lost
2023-176
CATEGORY: Property Acquisition Purchase
DEPARTMENT: Land Preservation
Ferguson Museum, FIDCO Elect to Purchase SEQRA Cons Easement
WHEREAS, the Town Board of the Town of Southold held a public hearing on the 31st day of January, 2023,
on the question of purchasing a conservation easement on property owned by The Henry L. Ferguson Museum
as Contract Vendee pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 185
(Open Space Preservation) of the Town Code of the Town of Southold, at which time all interested parties were
given the opportunity to be heard; and
WHEREAS, said property is identified as SCTM #1000-4.-5-5.10 and is located off Main Road (a.k.a. Oriental
Avenue) and Top of the World Road, Fishers Island. The property is located within the Low-Density
Residential R-120 Zoning District; and
WHEREAS, the proposed acquisition is for the Town of Southold to acquire a conservation easement on the
entire property, consisting of approximately 15.6± acres, subject to survey; and
WHEREAS, the purchase price for the 15.6± acre conservation easement is $925,000 (nine hundred twenty-five
thousand dollars) plus any acquisition costs associated with the purchase of this easement. The purchase will be
funded by the Town’s Community Preservation Fund; and
WHEREAS, the property is listed on the Town’s Community Preservation Project Plan as property that should
be preserved for open space preservation. The purpose of this acquisition is for open space, passive recreational
purposes and wetland protection; and
WHEREAS, The Town’s purchase of the conservation easement is contingent on the simultaneous delivery of a
fee title deed to the 15.6± acre property to the Seller, The Henry L. Ferguson Museum as Contract Vendee, by
the current owner, Fishers Island Development Corporation (FIDCO). The contract between FIDCO and The
Henry L. Ferguson Museum is subject to a fund-raising contingency; and
WHEREAS, The Henry L. Ferguson Museum has agreed to provide public access to the property in the form of
accessible recreational trails which connect with, or link to, existing trails within the Ferguson Museum trail
system and/or the Fishers Island Recreational Path; and
WHEREAS, the purchase of this property is in conformance with the provisions of Chapter 17 (Community
Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code of the Town of Southold;
and
WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review)
of the Town Code and the Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has
determined that this action is consistent with the LWRP; and
WHEREAS, the Land Preservation Coordinator and the Town Board have reviewed the acquisition in
accordance with Chapter 117 (Transfer of Sanitary Flow Credits) of the Code of the Town of Southold, and
have determined that twenty-four point six (24.6) Sanitary Flow Credits may be available for transfer from the
property upon the Town’s purchase of the Conservation Easement. The transfer of the Sanitary Flow Credits
will not be finalized, and shall not occur, until the Town closes on the property, and the Town Board passes a
resolution allowing the transfer of such credit into the Town sanitary flow credit (SFC) bank; and
WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition and
recommends that the Town Board acquires the Conservation Easement; and
WHEREAS, the Town Board deems it in the best public interest that the Town of Southold acquire the
Conservation Easement for the purposes of open space, passive recreational and wetland protection.; and
WHEREAS, the Town Board of the Town of Southold classifies this action as an Unlisted Action pursuant to
the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; and,
WHEREAS, the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations;
and,
WHEREAS, the Town Board of the Town of Southold accepted the Short Environmental Form for this project
that is attached hereto; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the
environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action; and,
be it further
RESOLVED that the Town Board of the Town of Southold hereby elects to purchase the Conservation
Easement on property owned by The Henry L. Ferguson Museum as Contract Vendee, property identified as
SCTM #1000-4.-5-5.10 and located off Main Road (a.k.a. Oriental Avenue) and Top of the World Road,
Fishers Island for open space, passive recreational purposes and wetland protection. The purchase price for the
15.6± acre conservation easement is $925,000 (nine hundred twenty-five thousand dollars) plus any acquisition
costs associated with the purchase of this easement. The purchase will be funded by the Town’s Community
Preservation Fund. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency
Review) of the Town Code and the LWRP Coordinator and the Town Board have determined that this action is
consistent with the LWRP. The Land Preservation Coordinator and Town Board have determined that twenty-
four point six (24.6) Sanitary Flow Credits may be available for transfer from the property upon the Town’s
purchase of the Conservation Easement.
Vote Record - Resolution RES-2023-176
Adopted
Yes/Aye No/Nay Abstain Absent
Adopted as Amended
Sarah E. Nappa
Defeated
Greg Doroski
Tabled
Withdrawn
Brian O. Mealy
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Louisa P. Evans
Rescinded
Town Clerk's Appt
Scott A. Russell
Supt Hgwys Appt
No Action
Lost
2023-177
CATEGORY: Enact Local Law
DEPARTMENT: Town Clerk
ENACT LL Chapter 189 & 260 - Sound Drive
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York,
th
on the 17 day of January, 2023, a Local Law entitled “A Local Law in relation to an Amendment to
Chapter 189, Parking, and Chapter 260, Vehicles and Traffic in connection with Parking on Sound Drive
in the hamlet of Greenport” 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 in relation to an Amendment to Chapter 189, Parking, and Chapter 260, Vehicles and
Traffic in connection with Parking on Sound Drive in the hamlet of Greenport” which reads as follows:
LOCAL LAW NO. 2023
A Local Law entitled, “A Local Law in relation to an Amendment to Chapter 189, Parking, and Chapter
260, Vehicles and Traffic in connection with Parking on Sound Drive in the hamlet of Greenport”
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose
The Purpose of the amendment is to improve safety for emergency vehicles, pedestrian and passenger vehicles,
as well as dealing with impacts to the public’s health, safety and welfare resulting from vehicles.
II. Amendment.
The Southold Town Code is hereby amended by removing the struck through words and adding the underlined
words as follows:
CHAPTER 189 - Parking
§189- 9 Designation of areas requiring parking permits.
B. The following road end areas are hereby designated as Town of Southold "Parking by Southold Town
Permit Only" area:
(61) Sound Drive, Greenport, on both sides, beginning at the intersection with Westwood
Lane extending south west for a distance of 1,056 feet.
CHAPTER 260 - Vehicle and Traffic
§260 - 9 Parking prohibited during certain hours
A. Sound Drive West Both 10:00 pm and In Greenport, from the
6:00 am westerly terminus easterly
For a distance of 200 ft
III. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of
competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part
thereof other than the part so decided to be unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law.
Vote Record - Resolution RES-2023-177
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
Greg Doroski
Supervisor's Appt
Brian O. Mealy
Tax Receiver's Appt
Jill Doherty
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
VI. Public Hearings
1. PH 1/31 4:30 Pm the Henry L. Ferguson Museum CE
2. PH 1/31 4:30 Pm LL Chapter 189 & 260 - Sound Drive