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HomeMy WebLinkAboutAG-02/14/2023 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 February 14, 2023 7:00 PM POLICY: At the beginning of scheduled Town Board meetings, the attending public is encouraged to briefly address the Town Board relating to agenda resolutions prior to their enactment; the public will also be given time at the conclusion of the regularly scheduled business agenda to address the Board on any given topic. ONLINE ACCESS: The Tentative Agenda is generally available the Friday before the meeting. The video of the meeting is usually available to watch live during the meeting. Minutes with adopted resolutions are available 1-2 days after the meeting. A full copy of the minutes, agenda and meeting video can be viewed by going to the official Town of Southold website: www.southoldtownny.gov <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 7:00 PM Meeting called to order on February 14, 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 1. Town Clerk Monthly Report January 2023 2. Department of Solid Waste Monthly Reports September 2022 October 2022 November 2022 December 2022 3. Zoning Board of Appeals Monthly Report January 2023 II. Public Notice 1. Liquor License Applications DHG Silver Sands LLLC 1135 Silvermere Rd. Greenport NY Minnow Food Co. LLC 650 1st. Street . New Suffolk NY Swallowtail Management LLC 62005 Route 48 , Greenport NY Top Flight Windamere LLC 2255 Wickham ave. Mattituck NY III. Communications IV. Discussion 1. 9:00 A.M. - Detective Roman Wilinski PBA President Introduction 2. 9:15 A.M. - Heather Lanza, Planning Director Planning Department Request for Intern 3. 9:30 A.M. - Glenn Goldsmith, President of the Board of Town Trustees Proposed Code Changes Regarding Docks (follow up from 1/31) 4. 9:45 A.M. - Janet Douglass, Recreation Supervisor and Tracey Moloney, Youth Bureau Director Update on Youth Drop in Nights 5. 10:00 A.M. - Janet Douglass, Recreation Supervisor 2023 Summer Staff Beach Salaries and The East End Seaport Museum Lifeguard/WSI Scholarship 6. Denis Noncarrow, Town Clerk 2024-2025 Beach & Disposal Permits 7. Councilwoman Nappa Mission Statement from the Water Advisory Committee 8. LL No. 13 of 2021- Main Bayview Road & Cedar Drive Stop Signs 9. Authorize Town Clerk to Advertise for Town Committees 10. Battery Energy Storage Systems Task Force (BESS) – Authorize Town Clerk to Advertise (Follow Up from 1/31) 11. Supervisor Russell Amendments to Ch. 280-13 Accessory Apartments- Set for PH (Follow up from 1/31) 12. Special Events on Ag Property 13. Paul DeChance, Town Attorney Southold Town EDC Winterfest Participant Request Involving Food Truck Parking 14. EXECUTIVE SESSION - Labor- Matters Involving the Employment/Appointment of a Particular Person(S) -Housing Advisory Commission -Community Outreach & Implementation Working Group -Work Flow of Town Departments -Discussion of ATA Interviews held on 2/7 1:15 P.M. - Chief Flatley and Kristie Hansen-Hightower 15. EXECUTIVE SESSION - Labor -Matters Involving the Potential Contract/Agreement with a Particular Corporation 1:30 P.M. -Kristie Hansen-Hightower re: ARPA Grant Program -Paul DeChance, Town Attorney re: MOU Nature Conservatory -Paul DeChance, Town Attorney re: Bike North Fork 16. Housing Advisory Commission- Increase Number of Members 17. EXECUTIVE SESSION - Labor - Matters Involving Update on CSEA Contract Negotiations 12:45 P.M. - Alyssa Zuckerman, Esq. of Lamb & Barnosky and Kristie Hansen-Hightower, Town Comptroller and Paul DeChance, Town Attorney 18. EXECUTIVE SESSION - Potential Acquisition(S), Sale or Lease of Real Property Where Publicity Would Substantially Affect the Value Thereof 2:15 P.M. - Kristie Hansen-Hightower, Town Comptroller and Mark Terry, Asst. Town Planning Director V. Resolutions 2023-180 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated February 14th, 2023.  Vote Record - Resolution RES-2023-180  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 2023-181 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 28th, 2023 at the Southold Town Hall, Southold, New York at 4:30 P. M..  Vote Record - Resolution RES-2023-181 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, 1/31/2023 4:30 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  2023-182 CATEGORY: Employment - Town DEPARTMENT: Accounting Accepts Resignation of Todd Hartford RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Todd Hartford from the position of Part Time Therapeutic Activities Worker for the Human Resource Center effective close of business February 14, 2023.  Vote Record - Resolution RES-2023-182 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 2023-183 CATEGORY: Property Usage DEPARTMENT: Recreation North Fork United Soccer Club - Spring 2023 RESOLVED that the Town Board of the Town of Southold does hereby grant permission to the North Fork United Soccer Club to use Cochran Park field for practice and games (Mondays through Fridays 4-8:30pm, and all day Saturdays & Sundays as needed and coordinated by the Recreation Supervisor, beginning March 3, 2023 and ending on June 25, 2023. Applicant has filed with the Recreation Department a Certificate of Insurance naming the Town of Southold as additional insured.  Vote Record - Resolution RES-2023-183 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  2023-184 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District 2022 Budget Modification: SWMD Financial Impact: To clear up end of year overdrawn budget lines. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2022 Solid Waste Management District budget as follows: From: SR.8160.4.100.100 Office Supplies $173.00 SR.8160.4.100.210 Propane Fuel 238.00 SR.8160.4.100.225 Lubricants 643.00 SR.8160.4.100.325 Soaps & Degreasers 149.00 SR.8160.4.100.551 Maint/Supply CAT 966 Loader 105.00 SR.8160.4.100.580 Maint-Ford Tractor 45.00 SR.8160.4.100.600 Misc Equip Maint/ Supplies 200.00 SR.8160.4.100.610 Maint/Sup-Forklift 26.00 SR.8160.4.100.621 Maint/Sup-250 Pickup 75.00 SR.8160.4.100.622 350 Pick-Up 22.00 SR.8160.4.100.900 Landscaping Supplies 91.00 SR.8160.4.200.400 Water 503.00 SR.8160.4.400.200 Building Maintenance 60.00 SR.8160.4.400.250 Comp Software Support 122.00 SR.8160.4.400.300 Public Information/Printing 85.00 SR.8160.4.400.610 Vending Machine Maint 75.00 SR.8160.4.400.625 Tire Repair 287.00 SR.8160.4.400.686 Repairs Ford Pickup 38.00 SR.8160.4.400.700 Copy Machine Rental 212.00 SR.8160.4.400.805 MSW Removal 21,075.05 SR.8160.4.400.811 Stump Removal 200.00 SR.8160.4.400.815 Scrap Tire Removal 67.00 SR.8160.4.400.826 Clean Paper Trucking 736.00 SR.8160.4.400.838 Co-Mingled Recycle Fees 827.00 SR.8160.4.400.839 Glass Recycle Fees 365.00 SR.8160.4.400.850 Refrigerant Removal 42.00 SR.8160.4.400.870 Paper Shredding Services 307.00 SR.8160.4.400.900 Security/Alarm Services 232.00 SR.8160.4.450.200 Advertising 656.00 SR.8160.4.450.301 Promotional Items 45.00 SR.8160.4.600.300 Travel Reimbursement 150.00 SR.8160.4.600.400 Postage 84.00 SR.8160.4.600.600 Dues & Subscriptions 40.00 SR.8160.4.600.700 Licenses & Permits $ 168.00 Total: $28,143.05 To: SR.8160.4.100.200 Diesel Fuel $ 6,365.35 SR.8160.4.100.250 Heating Fuel 805.70 SR.8160.4.100.800 Maint-Facilities/Grounds 1,665.00 SR.8160.4.200.200 Light & Power 3,803.00 SR.8160.4.400.652 Repairs New Volvo 1 4,166.00 SR.8160.4.400.810 C & D Disposal 10,702.00 SR.8160.4.400.820 Co-Mingled Trucking $ 636.00 Total: $28,143.05  Vote Record - Resolution RES-2023-184 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 2023-185 CATEGORY: Property Usage DEPARTMENT: Town Clerk Group for the East End - Horseshoe Crabs RESOLVED that the Town Board of the Town of Southold hereby authorizes the issuance of seven (7) temporary parking permits to members of the Group For the East End, at no charge, for parking at the end of South Harbor Road for the purpose of horseshoe crab monitoring on the following dates in 2023: DATE TIME DATE TIME DATE Time April 18 11:17 pm May 3 11:11 pm June 1 10:33 pm 21 12:47 am 6 12:23 pm 3 11:55 am 23 2:19 am 8 1:46 am 6 1:31 am 17 10:57 pm 16 11:22 am 20 12:24 am 19 12:50 am 22 1:54 am 21 2:21 am July 1 10:46 pm 4 12:25 am 6 2:12 am  Vote Record - Resolution RES-2023-185 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  2023-186 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Clerk Amend Res 2023-109 LL Amend to Chapter 280, Zoning AHD RESOLVED that the Town Board of the Town of Southold hereby amends resolution 2023-109, adopted at the January 17, 2023 regular Town Board meeting, as follows: 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 Amendments to Chapter 280, Zoning, in connection with the Affordable Housing District” 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 4:32 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 280, Zoning, in connection with the Affordable Housing District” reads as follows: LOCAL LAW NO. 2023 A Local Law entitled, “A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with the Affordable Housing District”. A. No building or premises shall be used and no building or part thereof shall be erected or altered in the AHD District unless the same conforms to the following Bulk, Area and Parking Schedule: Bulk, Area and Parking Schedule Minimum Requirements MIFDU Owner-Occupied MIFDU Tenant-Occupied Total lot area (square feet) 10,000 10,000 Lot width (feet) 80 80 Lot depth (feet) 100 100 Front yard (feet) 35 35 1 side yard (feet) 15 15 Both side yards (feet) 25 25 Rear yard (feet) 35 35 Minimum livable floor area 850 450 (square feet per dwelling unit) Off-street parking spaces (per 2 2 dwelling unit) Land area for yield (square feet 10,000 10,000 per dwelling unit) MIFDU tenant-occupied 3,300 dwelling units less than 850 square feet B. Notwithstanding the bulk schedule set forth in Subsection A of this section, there shall be no more than 24 dwelling units on any one site. C. Authority to amend requirements and specifications. (1) The Planning Board shall have the authority to reduce or amend yard setback requirements, lot dimension requirements, parking requirements, and highway specifications. In making this decision, the Planning Board shall take into consideration the benefit to the applicant, as weighed against the detriment to the health, safety and welfare of the neighborhood or community. In making such determination, the Planning Board shall also consider: (a) Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the amendments; (b) Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than the sought variance; (c) Whether the variance is substantial; (d) Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and (e) Whether the alleged difficulty was self-created, which shall be relevant to the decision but shall not necessarily preclude the proposed amendment or variance. (2) This provision supersedes and amends New York State Town Law §§ 267, 267-a, 267-b and 267-c insofar as these sections give such authority to the Zoning Board of Appeals. Any amendment to highway specifications shall meet with the approval of the Highway Superintendent. 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-2023-186 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 2023-187 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Approve Resolution Number 2023-019 RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves Resolution Number 2023-019 of the Fishers Island Ferry District adopted February 3, 2023 which reads as follows: Whereas the Fishers Island Ferry District Board of Commissioners wishes to show its appreciation to its employees for extraordinary service; and Therefore, it is RESOLVED to award the one-time merit payment of $3500.00 to employee 39179 in appreciation for his hard work and dedication to the Fishers Island Ferry District and his work towards assisting with the significant repairs and upgrades to the Munnatawket heads, Terminal tile repair and ramp upgrades to the district in 2022 .  Vote Record - Resolution RES-2023-187  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  2023-188 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Approve Resolution Number 2023-020 RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves Resolution Number 2023-020 of the Fishers Island Ferry District adopted February 3, 2023 which reads as follows: WHEREAS employee 83357 has performed with merit in the duties of Freight Agent, and WHEREAS the manager has recommended that employee 83357 be promoted to Senior Agent and the wages be increased to $23.00. Therefore it is RESOLVED that employee 83357 be promoted to Senior Agent and the wages be increased from $19.48 per hour to $23.00 per hour with effect February 23, 2023.  Vote Record - Resolution RES-2023-188 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 2023-189 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Approve Resolution Number 2023-024 RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves Resolution Number 2023-024 of the Fishers Island Ferry District adopted February 3, 2023 which reads as follows: WHEREAS the Fishers Island Ferry District policy as described in the Employee Handbook grants a 1% longevity increase to wages when an individual has been employed by the Fishers Island Ferry District for ten years; and, it is RESOLVED to note that with effect February 28, 2023, employee 47961 hourly wage be increased by 1% to $26.26 per hour.  Vote Record - Resolution RES-2023-189 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 2023-190 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Approve Resolution Number 2023-025 WHEREAS the following employees have exceeded the requirements of their positions; THEREFORE, IT IS RESOLVED to increase their wages and salaries as listed with effect February 23, 2023. EMPLOYEE EMPLOYEE EMPLOYEE 01 Jan Increase Feb 23, 2023 LAST NAME FIRST CODE 2023 Rate % Rate NAME 14021 $25.63 3% $26.40 28425 $21.00 3% $21.63 32701 $21.82 2.4% $22.34 34899 $30.75 1.5% $31.21 38115 $35.16 1.45% $35.67 40967 $28.70 1.04% $29.00 41786 $18.45 2.44% $18.90 44205 $16.66 2.05% $17.00 47961 $25.63 1.44% $26.00 57642 $36.07 1.89% $36.75 58676 $35.62 2.47% $36.50 15814 $16.40 6.70% $17.50 16466 $17.43 3.27% $18.00 34011 $15.76 4.70% $16.50 37993 $23.11 .48% $23.22 40949 $19.48 2.67% $20.00 45463 $15.38 4.03% $16.00 46717 $15.38 4.03% $16.00 48246 $16.14 5.33% $17.00 62812 $31.84 1.44% $32.30 64244 $16.81 1.13% $17.00 79935 $15.76 7.87% $17.00 80263 $15.38 1.43% $15.60  Vote Record - Resolution RES-2023-190 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  2023-191 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Mattituck American Legion Memorial Day Parade Financial Impact: Police Department Cost Analysis: $ 1,343.68 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Mattituck American Legion, Post 861 to line up along Wickham Avenue and Pike Street, march west on Pike Street, left on Westphalia Avenue, right onto Old Sound Avenue, left onto Pacific Street, left onto Route 25 and left onto Wickham Avenue for the Annual Southold Town Memorial Day Parade in Mattituck, New York on Monday, May 29, 2023, beginning at 10:00 AM provided they adhere to the Town of Southold Policy for Special Events on Town Properties and Roads. All Town fees for this event, with the exception of the Clean-up Deposit, are waived.  Vote Record - Resolution RES-2023-191 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 2023-192 CATEGORY: Agreements - Non DEPARTMENT: Land Management Coordination Access Agreement with Suffolk County Parks RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Access Agreement with Suffolk County Parks to facilitate work to be conducted by the Town and volunteers at Arshamomaque County Park and Clay Pit County Park as part of the Bay to Sound Trails Initiative Phase 5 project being funded by a grant from New York State Department of State under Title 11 of the Environmental Protection Fund, subject to the approval by the Town Attorney.  Vote Record - Resolution RES-2023-192 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 2023-193 CATEGORY: Budget Modification DEPARTMENT: Accounting 2023 Budget Modification - IT Financial Impact: Transfer funds to cover cost of DUO licenses RESOLVED that the Town Board of the Town of Southold hereby modifies the 2023 General Fund Whole Town budget as follows: From: A.1680.4.400.700 IT, Antivirus Software Maint $3,710 Total $3,710 To: A.1680.2.400.500 IT, Personal Computer Software $3,710 Total $3,710  Vote Record - Resolution RES-2023-193 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  2023-194 CATEGORY: Attend Seminar DEPARTMENT: Accounting Attend AGRIP Conference RESOLVED that the Town Board of the Town of Southold hereby grants permission to Kristie Hansen- Hightower to attend the annual AGRIP municipal risk pool conference in Orlando, FL March 5-8, 2023, at no cost to the Town.  Vote Record - Resolution RES-2023-194 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  2023-195 CATEGORY: Special Events DEPARTMENT: Town Attorney Special Event 2023-3 ,KK’s Farm ( Farm at Southold, LLC), RESOLVED that the Town Board of the Town of Southold hereby grants permission to Ira Haspel , to hold Dandelion Festival, Special Event 2023-3 at the KK’s Farm ( Farm at Southold, LLC), 59945 Main RD, Southold, New York as applied for in Application DF1a for a free educational event on April 30, 2023 from 11AM - 6PM. All parking must be contained on site. Provided they adhere to all conditions on the application, permit and to the Town of Southold Policy for Special Events. This permit is subject to revocation if the applicant fails to comply with any of the conditions of the approval or is unable to properly control traffic flow into and out of the event.  Vote Record - Resolution RES-2023-195  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  2023-196 CATEGORY: Ratify Fishers Island Reso. DEPARTMENT: Fishers Island Ferry District FIFD 2/3/23 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 February 3, 2023 meeting, as follows: FIFD Resolution# Regarding 2023-018 Budget Modification 2023-021 Marine Services 2023-022 Property Management 2023-026 Legal Settlement  Vote Record - Resolution RES-2023-196  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  2023-197 CATEGORY: Authorize Payment DEPARTMENT: Town Attorney Payment of Claim - Phillips RESOLVED that the Town Board of the Town of Southold hereby authorizes a payment to Brian Phillips, P.O. Box 541., Laurel, NY 11948 in the amount of One Thousand Three Hundred and Sixty Eight Dollars and Thirty Six Cents ($1,368.36), for the costs of repairs to a vehicle damaged from a motor vehicle accident involving a Police Department vehicle on January 28, 2023.  Vote Record - Resolution RES-2023-197  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  2023-198 CATEGORY: Attend Seminar DEPARTMENT: Justice Court Grant Permission to Court Officers to Attend an Annual Recertification for Firearm Training RESOLVED that the Town Board of the Town of Southold hereby grants permission to Court Officers John Cuddy, Thomas Gorman, Gary Iorio, and Gerald Worysz to attend an annual recertification for firearm training on February 06, 2023 at the Suffolk County Sheriff’s Firearms Range in Westhampton, New York. All expenses for training to be a legal charge to the Justice Courts 2023 budget.  Vote Record - Resolution RES-2023-198  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  2023-199 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk North Fork Century Bike Ride 5/20/23 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Bicycle Shows U.S. to hold four different length rides, all in accordance with the application on file in the Town Clerk’s Office to the North Fork Century Bike Ride on May 22, 2023 beginning at 5:00 AM. Provided the applicant agrees to comply with all the conditions of the Southold Town Policy for Special Events on Town Properties and Roads; failure to comply with conditions No. 5 and No. 6 will result in the forfeiture of the deposit, subject to the approval of the Town Attorney and subject to the applicant's compliance with all executive orders of the State of New York. Failure to comply with all provisions and conditions will result in the revocation of the permit.  Vote Record - Resolution RES-2023-199  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  2023-200 CATEGORY: Budget Modification DEPARTMENT: Accounting 2023 Budget Modification - Economic Development Financial Impact: Transfer funds for the Winter Festival RESOLVED that the Town Board of the Town of Southold hereby modifies the 2023 General Fund Whole Town budget as follows: From: A.1990.4.100.100 Unallocated Contingencies $3,500 Total $3,500 To: A.1010.4.600.780 TB, Economic Development Committee $3,500 Total $3,500  Vote Record - Resolution RES-2023-200 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  2023-201 CATEGORY: Employment - Town DEPARTMENT: Accounting Amend Resolution Number 2023-146 RESOLVED that the Town Board of the Town of Southold hereby amends Resolution Number 2023-146 to read as follows: 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 9, 2023, at a rate of $48.00 per hour.  Vote Record - Resolution RES-2023-201  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 2023-202 CATEGORY: Agreements - Non DEPARTMENT: Town Attorney Amend Resolution 2022-624 RESOLVED that the Town Board of the Town of Southold hereby amends resolution 2022-624, adopted at the July 19, 2022 regular Town Board meeting, as follows: RESOLVED that the Town Board of the Town of Southold hereby accepts the bid to supply the town with construction equipment and services in connection with dredging and other services within the Town of Southold, Suffolk County, New York as follows, all in accordance with the Town Attorney; and be it further RESOLVED that the Town Board authorizes and directs Supervisor Russell to execute the appropriate contract documents to implement the agreement for these services, as prepared by the Town Attorney. Latham Sand and Gravel: UNIT BID PRICE ITEM # DESCRIPTION WITH UNIT BID PRICE WRITTEN IN WORDS # 2 FURNISHING TOW BOAT 1 DAY @ TWO THOUSAND ONE HUNDRED TWENTY $2,120.00 DOLLARS PER DAY (8 HRS) PER DAY # 4 FURNISHING TRACK LOADER WITH BUCKET - 9,000 LBS. 1 DAY @ ONE $1,640.00 THOUSAND SIX HUNDRED FOURTY DOLLARS PER DAY (8 HRS) PER DAY # 7 FURNISHING FRONT END WHEEL LOADER WITH 4 C.Y. CAPACITY BUCKET 1 $1,960.00 DAY @ ONE THOUSAND NINE HUNDRED SIXTY DOLLARS PER DAY (8 HRS) PER DAY # 8 FURNISHING EXCAVATOR WITH 1- 1/2 C.Y. CAPACITY BUCKET 1 DAY @ ONE $1,960.00 THOUSAND NINE HUNDRED SIXTY DOLLARS PER DAY (8 HRS) PER DAY # 11 FURNISHING CRAWLER MOUNTED FRONT END LOADER WITH 2 C.Y. CAPACITY $1,880.00 BUCKET 1 DAY @ ONE THOUSAND EIGHT HUNDRED EIGHTY DOLLARS PER PER DAY DAY (8 HRS) # 15 FURNISHING OFF-ROAD ARTICULATED DUMP TRUCK 1 DAY @ TWO $2,880.00 THOUSAND EIGHT HUNDRED EIGHTY DOLLARS PER DAY (8 HRS) PER DAY Chesterfield Associates: UNIT BID PRICE ITEM # DESCRIPTION WITH UNIT BID PRICE WRITTEN IN WORDS # 1 FURNISHING BARGE MOUNTED 15 TON CRANE WITH 5/8 C.Y. CAPACITY $2,815.00 DRAGLINE BUCKET OR 5/8 C.Y. CAPACITY CLAMSHELL BUCKET 1 DAY @ TWO PER DAY THOUSAND EIGHT HUNDRED FIFTEEN DOLLARS PER DAY (8 HRS) # 10 FURNISHING LONG REACH EXCAVATOR 1 DAY @ TWO THOUSAND SIX $2,610.00 HUNDRED TEN DOLLARS PER DAY (8 HRS) PER DAY # 12 FURNISHING CRAWLER MOUNTED FRONT END LOADER WITH 3 C.Y. CAPACITY $2,440.00 BUCKET 1 DAY @ TWO THOUSAND FOUR HUNDRED FOURTY DOLLARS PER DAY (8 HRS) PER DAY D.F. Stone Contracting, Ltd.: UNIT BID PRICE ITEM # DESCRIPTION WITH UNIT BID PRICE WRITTEN IN WORDS # 5 FURNISHING DOZER WITH BLADE - 13,000 LBS. 1 DAY @ TWO THOUSAND $2,000.00 DOLLARS PER DAY (8 HRS) PER DAY # 13 FURNISHING FRONT END WHEEL LOADER WITH 6 C.Y. CAPACITY BUCKET 1 $2,400.00 DAY @ TWO THOUSAND FOUR HUNDRED DOLLARS PER DAY (8 HRS) PER DAY # 14 FURNISHING 10 WHEEL DUMP TRUCK 1 DAY @ ONE THOUSAND FOUR $1,450.00 HUNDRED FIFTY DOLLARS PER DAY (8 HRS) (NOTE: THERE IS NO PER DAY MOBILIZATION OR DEMOBILIZATION FOR THIS ITEM) Melrose Contracting Corp.: UNIT BID PRICE ITEM # DESCRIPTION WITH UNIT BID PRICE WRITTEN IN WORDS # 3 FURNISHING 15 TON CRAWLER CRANE WITH 5/8 C.Y. CAPACITY DRAGLINE BUCKET OR 5/8 C.Y. CAPACITY $1,949.50 CLAMSHELL BUCKET 1 DAY @ ONE THOUSAND NINE HUNDRED FORTY NINE DOLLARS PER DAY (8 PER DAY HRS) # 6 FURNISHING FRONT END WHEEL LOADER WITH 2- 1/2 C.Y. CAPACITY BUCKET 1 DAY @ ONE THOUSAND $1,812.36 EIGHT HUNDRED TWELVE DOLLARS PER DAY (8 HRS) PER DAY # 9 FURNISHING 20 TON CRAWLER CRANE WITH 3/4 C.Y. CAPACITY DRAGLINE BUCKET OR 3/4 C.Y. CAPACITY $2,369.50 CLAMSHELL BUCKET 1 DAY @ TWO THOUSAND THREE HUNDRED SIXTY NINE DOLLARS PER DAY (8 PER DAY HRS)  Vote Record - Resolution RES-2023-202 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 2023-203 CATEGORY: Special Events DEPARTMENT: Town Attorney Special Event 2023-4 at Pindar Vineyard / Annual Car Show RESOLVED that the Town Board of the Town of Southold hereby grants permission to Cutchogue Lions Club , nd to hold 52 Annual Car Show Fundraiser, Special Event 2023-4 at Pindar Vineyard 37645 Main Road, nd Peconic, NY , as applied for in Application CLC1a for 52 Annual Car Show Fundraiser on June 23, 2023 from 8AM- 5PM. All parking must be contained on site. Provided they adhere to all conditions on the application, permit and to the Town of Southold Policy for Special Events. This permit is subject to revocation if the applicant fails to comply with any of the conditions of the approval or is unable to properly control traffic flow into and out of the event.  Vote Record - Resolution RES-2023-203  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  2023-204 CATEGORY: Special Events DEPARTMENT: Town Attorney Special Event 2023-5 at the Crossroads Vineyard DBA Peconic Bay Vineyard RESOLVED that the Town Board of the Town of Southold hereby grants permission to Windship Media, LLC to hold Special Event 2023-5at the Crossroads Vineyard DBA Peconic Bay Vineyard, 31320 Main Road, Cutchogue, New York as applied for in Application PBV1a-b for Music, Food and Wine Tasting on June 17, 2023 from 12PM to 7PM and July 29, 2023 from 6PM -10PM. All parking must be contained on site. Provided they adhere to all conditions on the application , the permit and to the Town of Southold Policy for Special Events. This permit is subject to revocation if the applicant fails to comply with any of the conditions of the approval or is unable to properly control traffic flow into and out of the event.  Vote Record - Resolution RES-2023-204  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  2023-205 CATEGORY: Agreements - Non DEPARTMENT: Town Attorney Agreement with LIRR for Access to Sills Property WHEREAS, the Town Board of the Town of Southold has determined it necessary to demolish three (3) buildings and a concrete silo at the parcel known as Sills Farm Property located at 70282 Main Road, Greenport, New York (SCTM # 1000-045.00-05.00-004.000); WHEREAS, in order to take such action, the Town Board has been advised that it will be necessary to enter upon and cross over lands owned by the Long Island Rail Road; and WHEREAS, the Long Island Rail Road is willing to grant a non-exclusive, revocable Entry Permit to the Town of Southold, its officers, employees, agents, contractors, subcontractors and consultants, to enter onto the property of the Long Island Rail Road for the purpose of performing the scope of work at the location described, under certain written terms and conditions; and be it further, RESOLVED, that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott Russell to execute said non-exclusive, revocable Entry Permit Agreement, dated January 23, 2023 between the Town of Southold and Long Island Rail Road, subject to the approval of the Town Attorney.  Vote Record - Resolution RES-2023-205  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  2023-206 CATEGORY: Misc. Public Hearing DEPARTMENT: Land Preservation PH 2/28 4:30 Pm - Southview Custom Homes Two, Inc 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 28, 2023, at 4:30 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 Southview Custom Homes Two, Inc. Said property is identified as SCTM #1000-87.-5-21.7 and 87.-5-21.9, 21.10, 21.11, 21.12, 21.13. The address of the property is 9230, 9293 and no number Main Bayview 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 combined property, totaling approximately 14.54 acres, for open space preservation. The exact area of the purchase is subject to survey, The purchase price for the combined 14.54± acre parcel is $2,195,000 (two million one hundred ninety-five thousand dollars) plus acquisition costs associated with the purchase of this property. The purchase will be funded by the Town’s Community Preservation Fund. The property is listed on the Town’s Community Preservation Project Plan as property that should be preserved for open space and the preservation of fresh and salt water wetlands. The purpose of this acquisition is for open space, passive recreational purposes, and wetland protection. Proposed uses of the property may include the establishment of a nature preserve, wetland restoration 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 two (17.2) 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 credits 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 the 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-2023-206 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 2023-207 CATEGORY: Advertise DEPARTMENT: Town Clerk Advertise for Miscellaneous Committeees RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk’s office to advertise for miscellaneous committee vacancies.  Vote Record - Resolution RES-2023-207 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 2023-208 CATEGORY: Advertise DEPARTMENT: Town Clerk Advertise for BESS Task Force Whereas, the Town Board of the Town of Southold adopted Resolution 2023-164 setting a public hearing to consider a local law in relation to a temporary moratorium on the issuance of approvals and or permits for Battery Energy Storage System (BESS) facilities to be held on March 14, 2023; and Whereas, the Town recognizes that BESS facilities are key component to the viability and promotion of renewable energy sources; and Whereas, in order to craft town code that will establish the criteria for future siting, site design, safety requirements and all other elements necessary for the proper consideration of such facilities, the Town Board desires to establish a task force to assist in certain amendments to the Comprehensive Plan that will address the considerations and goals for battery energy storage and support an amendment to the Town Code; and Whereas, said task force shall 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; and Whereas, said task force shall be comprised of representatives of the residents and businesses of the Town of Southold, interested non-profit organizations, utilities, municipal officials and staff and the battery energy storage industry, now therefore be it Resolved, that the Town Board of Town of Southold hereby establishes the “Battery Energy Storage System Task Force” to undertake such analysis and to make recommendations to the Town Board regarding the legislation involving BESS facilities, and be it further RESOLVED, that the Town Board of the Town of Southold hereby authorizes and directs the Office of the Town Clerk to advertise for members to said Task Force.  Vote Record - Resolution RES-2023-208  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  2023-209 CATEGORY: Advertise DEPARTMENT: Town Clerk Advertise for Seasonal Summer Positions RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk’s Office to advertise for two (2) consecutive weeks for lifeguards, water safety (swim) instructors, beach attendanta and an assistant beach manager for the 2023 beach season.  Vote Record - Resolution RES-2023-209 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  2023-210 CATEGORY: Advertise DEPARTMENT: Town Clerk Advertise for Intern Planning RESOLVED that the Town of Southold hereby authorizes and directs the Town Clerks office to advertise for an intern for the Planning Department.  Vote Record - Resolution RES-2023-210  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  2023-211 CATEGORY: Committee Decisions DEPARTMENT: Town Clerk Water Advisory Committee Mission Statement RESOLVED that the Town Board of the Town of Southold hereby accepts the mission statement for the Town of Southold Water Advisory Committee, which reads as follows: The Town of Southold Water Advisory Committee seeks to protect and conserve the quality and quantity of our region’s ground and surface water by assisting Southold Town in identifying solutions and by making recommendations that support the Southold Town Comprehensive Plan and its goals to benefit our environment and the town’s diverse community of stakeholders.  Vote Record - Resolution RES-2023-211 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  2023-212 CATEGORY: Budget Modification DEPARTMENT: Highway Department 2022 Budget Modification - Highway Financial Impact: o cover over expenditures RESOLVED that the Town Board of the Town of Southold hereby modifies the 2022 Highway Fund Part Town budget as follows: From: DB.5110.4.100.350 Traffic Paint $ 4,950.00 DB.5110.4.100.975 Steel 1,902.43 DB.5110.4.100.995 Signs and Posts 2,822.85 DB.5110.4.400.300 Drainage Replacements 3,800.00 DB.5130.2.500.300 Other Equipment 14,246.63 DB.5130.2.400.300 Equipment Rentals 4,800.00 DB.5140.4.400.100 Cleanup Week Debris 4,424.59 Total $ 36,946.50 TO: DB.5110.4.100.200 Fuel $ 34,066.25 DB.5130.4.100.500 Parts & Supplies 2,880.25 Total $ 36,946.50  Vote Record - Resolution RES-2023-212 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 2023-213 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Housing Advisory Commission RESOLVED that the Town Board of the Townof Southold hereby removes Debbie O'Kane from the Southold Town Housing Advisory, and be it further RESOLVED that the Town Board of the Town of Southold hereby appoints Ann Smith as a member of the Housing Advisory Commission.  Vote Record - Resolution RES-2023-213  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  2023-214 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney PH 3/14 4:30 Pm - LL Chapter 275 Amendments WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, th on the 14 day of February, 2023, a Local Law entitled “A Local Law in relation to an Amendment to Chapter 275, Wetlands & Shorelines” 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 March, 2023 at 4:30 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 275, Wetlands & Shorelines” which reads as follows: LOCAL LAW NO. 2023 A Local Law entitled, “A Local Law in relation to an Amendment to Chapter 275, Wetlands & Shorelines” 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 275 - Wetlands and Shorelines § 275-2 Definitions; word usage PIER LINE The average seaward projection of one or more existing permitted docks, piers, wharves or floats. The seaward projection created by drawing an imaginary line between the immediately adjacent existing permitted principal structures, docks, piers, wharves or floats. § 275-3 Findings; purpose; jurisdiction; setbacks. D. Setbacks. (1) The following minimum setbacks apply to any and all operations proposed on residential property within the jurisdiction of the Board of Trustees: (a) Wetland boundary or bank. § 275-4 Exceptions A. Permit exceptions; nondisturbance buffers. (1) The provisions of this chapter shall not require a permit for the following: (j) Installation of new or replacement windows, roof shingles, solar panels, siding or doors on existing upland structures and second-story additions that are made within the footprint of an existing upland structure. § 275-7. Fees. A. Every nonadministrative application for a wetlands permit filed with the office of the Trustees shall be accompanied by a filing fee of $250, which includes the first site visit, no portion of which shall be refundable. The fee for an administrative permit shall be $100. For activities or operations that have been previously built without a permit, the fee will be doubled. If a preapplication site visit is requested, the fee shall be $50, which may be applied to an application fee for a wetlands permit made within six months of the site visit and which application involves activities that were the subject of the site visit. \[Amended 10-11-2005 by L.L. No. 17- 2005; 10-9-2012 by L.L. No. 12-2012\] B. In addition to the filing fee, the Trustees, upon the adoption of a resolution authorizing the issuance of a permit, shall determine the amount of the inspection fees to be paid by the applicant to the Clerk upon the issuance of a permit. Inspection fee costs will be based on $50 per site visit. C. Pursuant to New York State law, all costs incurred by the Town for SEQRA review shall be paid by the applicant. D. Consultant fee. The Board, at its discretion, depending on the scale and potential impact of proposed operations, is authorized to require the posting of a consultant fee by an applicant. This fee shall be used to hire an independent, expert consultant to investigate the site for the proposed project and to examine the plans or other information submitted by the applicant to assist the Board in evaluating potential adverse impacts upon a resource area by the proposed project. The Board, in its discretion, will determine whether the complexity of the activity, the difficulty in determining the threat to the resource areas or the size of the request or project involves and requires more information and analysis than can reasonably be supplied to the Board without independent technical professional assistance. (1) The Board may require the payment of the consultant fee at any time in the deliberations prior to a final decision. (2) The consultant fee may be required for expert opinion regarding, but not limited to, wetland resource area surveys and delineations, analysis of resource area values, wetland resource area reports, hydrological and drainage analysis, wildlife habitat analysis, shellfish surveys, and environmental land use law, or any of the following: (a) Placement, removal or grading of at least 50 cubic yards of material; (b) Five hundred square feet or greater alteration of a resource area; (c) Shoreline or bank alteration to a coastal or inland waterway; (d) Five hundred square feet or greater alteration to land in a naturally vegetated condition that constitutes a resource buffer area. (e) Discharge of any pollutants into or contributing to surface or groundwater of the resource area; (f) Construction of any stormwater control facility, or water control structure. E. Dock and float fee. Every application for a new dock or float shall include a fee to be set by the Town Board. Commercial docks are any structures that are rented, leased or otherwise used to generate income, including, but not limited to, those structures located on properties zoned MI and MII. \[Added 10-11-2005 by L.L. No. 17- 2005; amended 3-23-2010 by L.L. No. 1-2010; 10-9-2012 by L.L. No. 12-2012\] F. Dredging fee. Every application for a permit for dredging within Town-owned underwater lands shall include a fee as set by the Town Board based on the amount of cubic yard of dredge spoil to be removed. \[Added 12- 18-2007 by L.L. No. 23-2007\] The fees for all applications, including administrative, non-administrative, docks, floats, and dredging; the fees for all site inspections including pre-application site inspections; the cost incurred by the town for SEQRA review; consultant fees including expert opinion as required by the Board of Trustees, shall be established, and changed as needed, by resolution of the Southold Town Board. A copy of the fee schedule will be kept on file in the Office of the Town Clerk, and the Office of the Board of Trustees. Trustee fees are nonrefundable. § 275-10 Contents of permit. Each permit issued hereunder by the Clerk pursuant to a resolution of the Trustees shall be valid for a period of two three years from the date of approval. Said permit may be renewed for two consecutive one-year periods at the discretion and review of the Board. § 275-11 Construction and operation standards C. In water. (2) Docks. (b) Dock locations and lengths. \[3\] Prohibited locations and activities. \[a\] No new docks shall be permitted on the Great/Little Peconic Bay, Pipes Cove, Southold Bay, Gardiners Bay, Shelter Island Sound, Hog Neck Bay, Orient Harbor, Hallocks Bay or Long Beach Bay with the exception of Fisher’s Island and Robin’s Island. No new docks will be permitted on the Long Island Sound or No new docks will be permitted over vegetated wetlands or such that it causes habitat fragmentation of vegetated wetlands in the following areas: Downs Creek, Hallocks Bay, Hashamomuck Creek and Pond, Long Creek (branch of Mattituck Creek, East of Grand Avenue bridge), Pipe’s Cove Creek and West Creek. (c) Regulations for the placement and configuration of docking facilities. \[1\] Residential docks. \[b\] If any part of a residential dock structure includes a float or floating dock, the float or floating dock portion shall be designed so that, with the exception of the pilings: \[ii\] New floats will be permitted only where there exists a minimum of thirty inches of water depth at mean low water. No part of the floating dock will contact the bottomland during a normal low tide. 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-2023-214  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  2023-215 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney PH 3/14 4:30 Pm LL Chapter 96 Amendments WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, th on the 14 day of February, 2023, a Local Law entitled “A Local Law in relation to an Amendment to Chapter 96, Boats, Docks and Wharfs” 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 March, 2023 at 4:30 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 96, Boats, Docks and Wharfs” which reads as follows: LOCAL LAW NO. 2023 A Local Law entitled, “A Local Law in relation to an Amendment to Chapter 96, Boats, Docks and Wharfs” 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: § 96-7. Definitions. For the purpose of this article, the terms used herein are defined as follows: MOTARIZED VESSEL- Any vessel propelled by machinery VESSEL - The term “vessel” shall be every description of watercraft or other artificial contrivance propelled in whole or in part by mechanical power and, which is used or capable of being used as a means of transportation over water, and which is underway and not at anchor or made fast to the shore or ground. § 96-15 Operators. A. No person under the age of 18 years shall operate a mechanically propelled motorized vessel on the navigable waters of the Town unless the operator (1) The operator who is under the age of 18 years is accompanied therein by a person who is 18 years of age or older and is the holder of a boating safety certificate issued by the Commissioner of the New York State Office of Parks, Recreation and Historic Preservation, the United States Power Squadron, the United States Coast Guard Auxiliary or the United States Sailing Association for a powerboating course approved by the Commissioner; or (2) The operator is 10 years of age or older and is the holder of a boating safety certificate issued to him by the Commissioner of New York State Parks, Recreation and Historic Preservation, or upon completion of a boating safety course approved by the Commissioner of the New York State Office of Parks, Recreation and Historic Preservation, the United States Power Squadron, the United States Coast Guard Auxiliary or the United States Sailing Association by the Commissioner of the Office of Parks and Recreation of the State of New York, pursuant to § 78 of the New York State Navigation Law. B. The failure of a person specified in § 96-15A(2) hereof to exhibit a boating safety course certificate or safety course upon demand to any peace officer, police officer or other officer person having authority to enforce the provisions of this chapter shall be presumptive evidence that such person is not the holder of such certificate. C. No person who is the owner of a motorized vessel motorboat shall knowingly authorize or permit the operation in violation of § 96-15 of this Chapter. thereof unless: (1) The operator is 18 years of age or older; (2) The operator, who is under the age of 18 is accompanied therein by a person 18 years or older; or (3) The operator is 10 years of age or older and is the holder of a boating safety certificate issued to him by the Commissioner of the Office of Parks and Recreation of the State of New York. 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-2023-215 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 2023-216 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Implementation Working Group Members RESOLVED that the Town Board of the Town of Southold hereby appoints Margaret Cowden, Laura Held, Joe Buczek, and Betsi Gertz as members of the Town of Southold Implementation Working Group.  Vote Record - Resolution RES-2023-216 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  2023-217 CATEGORY: Budget Modification DEPARTMENT: Public Works 2022 Budget Modification- DPW (Streetlighting) Financial Impact: Appropriate funds to cover additional costs for 2022 Streetlighting RESOLVED that the Town Board of the Town of Southold hereby modifies the 2022 General Fund Whole Town budget as follows: From: A.5182.4.400.650 Vehicle Maint & Repairs $3,125 Total $3,125 To: A.5182.4.400.700 Pole Rental $3,105 A.5182.4.200.250 Street Lighting Power 20 Total $3,125  Vote Record - Resolution RES-2023-217 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 2023-218 CATEGORY: Budget Modification DEPARTMENT: Public Works 2022 Budget Modification- DPW Financial Impact: Appropriate funds to cover additional costs for 2022 utilities, gas/oil & refuse disposal RESOLVED that the Town Board of the Town of Southold hereby modifies the 2022 General Fund Whole Town budget as follows: From: A.1620.4.400.200 Property Maint/Repairs $12,120 A.1620.4.400.100 Building Maint/Repairs 9,000 A.1620.4.200.300 Gas 6,080 A.1620.4.100.500 Motor Vehicle Parts/Supply 1,995 Total $29,195 To: A.1620.4.200.200 Light & Power $26,840 A.1620.4.100.200 Gasoline & Oil 1,995 A.1620.4.600.200 Refuse Disposal 360 Total $29,195  Vote Record - Resolution RES-2023-218 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 2023-219 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint Charmaine E. Davis FT Therapeutic Activities Worker RESOLVED that the Town Board of the Town of Southold hereby appoints Charmaine E. Davis to the position of Full Time Therapeutic Activities Worker for the Human Resource Center, effective February 21, 2023, at a rate of $38,140.10 per annum, pending background search completion.  Vote Record - Resolution RES-2023-219 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  2023-220 CATEGORY: Advertise DEPARTMENT: Town Clerk Advertise for BOAR RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk's Office to advertise for a Board of Assessment Review Board.  Vote Record - Resolution RES-2023-220  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 2023-221 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Clerk PH 3/28 4:30 Pm - LL Chapter 280 Accessory Apartments WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, th on the 14 day of February, 2023, a Local Law entitled “A Local Law in relation to an Amendment to Chapter 280, Zoning, Accessory Apartments" 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 March, 2023 at 4:30 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 280, Zoning, Accessory Apartments” which reads as follows: LOCAL LAW NO. 2023 A Local Law entitled, “A Local Law in relation to an Amendment to Chapter 280, Zoning, Accessory Apartments” 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 in regard to Accessory Apartments II. Amendment. The Southold Town Code is hereby amended by removing the struck through words and adding the underlined words as follows: §280-13 Use Regulations In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. (6) One accessory apartment in an existing one-family dwelling, subject to the issuance of a rental permit in accordance with § 280-13D and the following requirements: (b) The owner of the existing dwelling shall occupy one of the dwelling units as the owner's principal residence. One of the dwelling units shall be for the sole exclusive use of the owner or family member as defined in chapter 280-4 The other dwelling unit shall be leased for year-round occupancy, evidenced by a written lease for a term of one or more years. (c) The existing one-family dwelling shall contain not less than 1,600 square feet of livable floor area. (c) The accessory apartment shall contain not less than 450 220 square feet of livable floor area, with no more than two (2) bedrooms and one (1) bathroom. (e) (d) The accessory apartment shall not exceed 40% of the livable floor area of the existing dwelling unit and any addition thereto permitted under § 280-13B(13)(j) 25% of the habitable space of the entire residence based upon properly certified structures at the time of the effective date of this code. (f) (e) A minimum of three off-street parking spaces shall be provided. (g) (f) Not more than one accessory apartment shall be permitted on a lot. (h) (g) The accessory apartment shall meet the requirements of an apartment as defined in § 280-4 hereof. (i) (h) The exterior entry to the accessory apartment shall, to the maximum extent possible, retain the existing exterior appearance of a one-family dwelling. (j) (i) Subject to all other restrictions and requirements in this Code, a reasonable expansion of the existing foundation, not to exceed 25% of the living space of the existing dwelling unit, may be permitted to accommodate the creation of an accessory apartment. (k) (j) All conversions shall be subject to the inspection of the Building Inspector and issuance of a certificate of compliance. (l) (k) The dwelling which is converted to permit an accessory apartment shall be in existence and be eligible for or have a valid certificate of occupancy issued prior to January 1, 2004, or proof of legal occupancy prior to that date. (m) (l) The existing building, together with the accessory apartment, shall comply with all other requirements of Chapter 280 of the Town Code of the Town of Southold. (n) (m) Notwithstanding the provisions of § 280-13B hereof, no site plan approval by the Planning Board shall be required for the establishment of an accessory apartment. (o) (n) Approval by the Suffolk County Department of Health Services of the water supply and sewage disposal systems shall be required. (p) (o) No bed-and-breakfast facilities, as authorized by § 280-13B(14) hereof, shall be permitted in or on premises for which an accessory apartment is authorized or exists. (13) One accessory apartment in a lawfully existing detached accessory garage, barn or storage building, subject to the following requirements: (i) Occupancy of resident structures on the premises shall be subject to the issuance of an annual rental permit in accordance with § 280-13D and the following requirements: \[1\] The owner of the premises shall occupy either the existing single-family dwelling unit or the accessory apartment in the detached accessory structure as the owner's principal residence. One of the dwelling units shall be for the sole, exclusive use of the owner or family member as defined in chapter 280-4 The other dwelling unit shall be leased for year-round occupancy evidenced by a written lease for a term of one or more years to: 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-2023-221 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 2023-222 CATEGORY: Legal DEPARTMENT: Town Attorney Retain Outside Investigator RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Attorney to retain an outside investigator for claims made by a former employee.  Vote Record - Resolution RES-2023-222  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  2023-223 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint Assistant Town Attorney RESOLVED that the Town Board of the Town of Southold hereby appoints Julie McGivney to the position of Assistant Town Attorney for the Town of Southold, effective February 27, 2023 through December 31, 2023, at a rate of $125,000 per annum.  Vote Record - Resolution RES-2023-223  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  2023-224 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint Assistant Town Attorney RESOLVED that the Town Board of the Town of Southold hereby appoints James Squicciarini to the position of Assistant Town Attorney for the Town of Southold, effective March 2, 2023 through December 31, 2023, at a rate of $150,000 per annum.  Vote Record - Resolution RES-2023-224 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  2023-225 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint Deputy Town Attorney RESOLVED, that the Town Board of the Town of Southold hereby designates Assistant Town Attorney James Squicciarini as Deputy Town Attorney to serve as acting Town Attorney in the absence, inability or as directed by, the Town Attorney, and to serve as acting Town Attorney in the case of a vacancy in the Town Attorney position.  Vote Record - Resolution RES-2023-225 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 2023-226 CATEGORY: Bond DEPARTMENT: Town Attorney FI Increase Aggregate Principal Bonding Amount RESOLUTION OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, ADOPTED ON FEBRUARY 14, 2023, INCREASING THE AGGREGATE PRINCIPAL AMOUNT WHICH THE TOWN BOARD MAY BORROW AND FOR WHICH OBLIGATIONS MAY BE ISSUED ON BEHALF OF THE SOUTHOLD FERRY DISTRICT FROM $5,000,000 TO $20,000,000 WHEREAS, the establishment of the Fishers Island Ferry District, in the Town of Southold, in the County of Suffolk, New York (the “Ferry District”), has heretofore been authorized pursuant to Chapter 699 of the 1947 Laws of the State of New York (the “Enabling Law”); and WHEREAS, the cost of acquisition, construction and equipment of the said Ferry District, including ferries and land and rights or easements in lands, shall be paid from the taxes levied for the fiscal year in which such expenditure is made, from surplus funds, or from the proceeds of Town obligations to be issued and sold in the manner provided by local finance law; and WHEREAS, Section 4 of the Enabling Law authorizes the Town Board to borrow the amount needed and to issue obligations for Ferry District purposes, on behalf of the District; and WHEREAS, Section 4 of the Enabling Law provides that upon the adoption of a resolution by the Town Board, subject to a permissive referendum by the owners of taxable real property situate within the Ferry District, as shown by the latest completed assessment roll of the Town, the aggregate principal amount which the Town Board may borrow and for which obligations may be issued may be increased to any amount up to but not exceeding $20,000,000; and WHEREAS, pursuant to a resolution adopted by the Town Board on August 15, 2000, the Town Board amended and authorized the maximum, aggregate principal amount which the Town may borrow and for which obligations may be issued to an amount up to $5,000,000.00; and WHEREAS, the Town Board has determined it necessary and in the best interests of the Town to increase the authorized maximum, aggregate principal amount which the Town may borrow and for which obligations may be issued to an amount up $20,000,000.00; Now, therefore, be it RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK AS FOLLOWS: Section 1. The Town Board of the Town of Southold, pursuant to Section 4 of the Enabling Law, hereby authorizes and increases the aggregate principal amount which the Town Board may borrow and which obligations may be issued from $5,000,000 to $20,000,000 Section 2. This resolution is subject to a permissive referendum and the Town Clerk is hereby authorized and directed, within ten (10) days after the adoption of this resolution, to cause to be published in “The Suffolk Times,” a newspaper having a general circulation within said Town and hereby designated the official newspaper of the Town for such publication and posted on the sign board of the Town maintained pursuant to the Town Law, a Notice in substantially the following form: TOWN OF SOUTHOLD, NEW YORK PLEASE TAKE NOTICE that on February 14, 2023, the Town Board of the Town of Southold, in the County of Suffolk, New York, adopted a resolution entitled: RESOLUTION OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK INCREASING THE AGGREGATE PRINCIPAL AMOUNT WHICH THE TOWN BOARD MAY BORROW AND FOR WHICH OBLIGATIONS MAY BE ISSUED ON BEHALF OF THE SOUTHOLD FERRY DISTRICT FROM $5,000,000 TO $20,000,000 an abstract of which bond resolution concisely stating the purpose and effect thereof, being as follows: FIRST: RECITING that the establishment of the Fishers Island Ferry District, in the Town of Southold, in the County of Suffolk, New York (the “Ferry District”), has heretofore been authorized pursuant to Chapter 699 of the 1947 Laws of the State of New York (the “Enabling Law”); and that Section 4 of the Enabling Law provides that upon the adoption of a resolution by the Town Board, subject to a permissive referendum by the owners of taxable real property situate within the Ferry District, as shown by the latest completed assessment roll of the Town, the aggregate principal amount which the Town Board may borrow and for which obligations may be issued may be increased up to $20,000,000; and that pursuant to a resolution adopted by the Town Board on August 15, 2000, the Town Board amended and authorized the maximum, aggregate principal amount which the Town may borrow and for which obligations may be issued to an amount up to $5,000,000.00; and that the Town Board has determined it necessary and in the best interests of the Town to increase the authorized maximum, aggregate principal amount which the Town may borrow and for which obligations may be issued to an amount up to $20,000,000.00; SECOND: RESOLVING that the Town Board authorizes and increases the aggregate principal amount which the Town Board may borrow and which obligations may be issued from $5,000,000 to $20,000,000; and THIRD: DETERMINING that the resolution is subject to a permissive referendum. DATED: February 14, 2023  Vote Record - Resolution RES-2023-226  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  2023-227 CATEGORY: Property Acquisition Purchase DEPARTMENT: Land Preservation WW Farms LLC Open Space Elect to Purchase, SEQRA th WHEREAS, the Town Board of the Town of Southold held a public hearing on the 14 day of February, 2023, on the question of the purchase of fee title to property owned by WW Farms, LLC, for open space preservation 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 #1000-101.-1-8.2 and 1000-101.-1-8.3. The address of the property is 15325 Middle Road (CR 48) in Cutchogue. The property is located within the Agricultural- Conservation (A-C) Zoning District. The total area of the property is 32± acres. 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; and WHEREAS, 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; and WHEREAS, the purchase price for the 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; and WHEREAS, 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 which will be developed for this property; 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, as per Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, the Land Preservation Coordinator and the Town Board have reviewed the acquisition and have determined that Sanitary Flow Credits may be available upon the acquisition 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. The transfer of the Sanitary Flow Credits allotted to the Town will not be finalized, and shall not occur, until the County/Town acquires title to the property, and the Town Board passes a resolution allowing the transfer into the Town Sanitary Flow Credit Bank, with all such credits to be used for affordable housing; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition and recommends that the Town Board acquires the property; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase fee title to the subject property for the purposes of the preservation of open space, passive recreational purposes 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 fee title in a joint 50%/50% partnership with the County of Suffolk, to the property owned by WW Farms, LLC, identified as SCTM #1000-101.-1-8.2 and 1000-101.-1-8.3, for open space preservation. The purchase price for the 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 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. Sanitary Flow Credits will be divided between the County and the Town in accordance with the 50%/50% joint partnership percentage, with all credits allotted to the Town to be used for affordable housing.  Vote Record - Resolution RES-2023-227 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 2023-228 CATEGORY: Property Acquisition Purchase DEPARTMENT: Land Preservation Lind Trust Open Space Acquisition Elect to Purchase, SEQRA th WHEREAS, the Town Board of the Town of Southold held a public hearing on the 14 day of February, 2023, on the question of the purchase of fee title to property owned by Elizabeth Lind Revocable Trust, for open space preservation 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 #1000-50.-5-1. The address of the property is 2000 Lighthouse Road, Southold. The property is located within the Agricultural-Conservation (A-C) zoning district; and WHEREAS, the proposed acquisition is for the Town of Southold to acquire fee title to 8.06± acres for open space preservation. The exact area of the purchase is subject to survey; and WHEREAS, the purchase price for the 8.06± acre parcel is $1,300,000 (one million three hundred thousand dollars) plus any acquisition costs associated with the purchase of this property. 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 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. There is a barn located on the property, the barn will be removed after acquisition. Removal of the barn is an eligible CPF expenditure; 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 (Local 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 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 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 property; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase fee title to the subject property for open space and passive recreational purposes; 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 fee title to property owned by Elizabeth Lind Revocable Trust, identified as 2000 Lighthouse Road, Southold, SCTM #1000- 50.-5-1, for open space preservation. The purchase price for the 8.06± acre parcel is $1,300,000 (one million three hundred thousand dollars) plus any acquisition costs associated with the purchase of this property. 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 seventeen point five (17.5) Sanitary Flow Credits may be available for transfer from the property upon the Town’s purchase of the property.  Vote Record - Resolution RES-2023-228  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  2023-229 CATEGORY: Bond DEPARTMENT: Town Clerk FIFD Bond Call to Order WHEREAS, the Board of Commissioners of the Fishers Island Ferry District (the “District”), in the Town of Southold (the “Town”), Suffolk County, New York, pursuant to a resolution of said Board of Commissioners, which, together with a petition in due form, was duly submitted to the Town Board (the “Town Board”) of the Town, has requested that the Town Board call a public hearing to hear all persons interested in the subject thereof; and WHEREAS, on January 17, 2023, the Town Board of the Town of Southold (herein called the “Town”), in the County of Suffolk, New York, on behalf of the District, adopted an Order pursuant to Section 202-b of the Town Law, describing in general terms a proposed increase and improvement of facilities, consisting of the replacement of dolphins (piling clusters) and bulkhead repairs at the District’s New London Terminal and replacement of the south vehicle offloading ramp at the District’s Fishers Island Terminal, at the aggregate estimated maximum cost of $2,500,000; and said Order stated that the Town Board would meet to hear all persons interested in said increase and improvement of facilities on February 14, 2023 at 7:00 o’clock P.M. (Prevailing Time) at the Town Hall, 53095 Main Road, Southold, New York; and WHEREAS, a Notice of said public hearing was duly published and posted pursuant to the provisions of Article 12 of the Town Law; and WHEREAS, said public hearing was duly held by the Town Board on February 14, 2023 at 7:00 o’clock P.M. (Prevailing Time) at the Town Hall, 53095 Main Road, Southold, New York, with considerable discussion on the matter having been had and all persons desiring to be heard having been heard, including those in favor of and those in opposition to said increase and improvement of such facilities; and WHEREAS, the District, as lead agency, has given due consideration to the impact that the replacement of the offloading ramp at the District’s Fishers Island Terminal may have on the environment pursuant to the State Environmental Quality Review Act (SEQRA), constituting Article 8 of the Environmental Conservation Law, and 6 N.Y.C.R.R., Regulations Part 617.5 and has determined that the project will not have a significant impact on the environment; and all necessary procedures requisite to reviewing the impact that the dolphin replacement and bulkhead repairs at the District’s New London Terminal may have on the environment have been complied with and all necessary Federal, State and/or local governmental permits have been obtained; and WHEREAS, on August 15, 2000 the Town Board adopted a resolution, subject to a permissive referendum, authorizing and increasing the aggregate principal amount which the Town Board may borrow and for which obligations may be issued from $500,000 to $5,000,000, as authorized pursuant to Section 4 of Chapter 699 of the Laws of 1947, and acts amendatory thereto, and no petition protesting against said resolution and requesting that said resolution be submitted to the electors of the District for their approval or disapproval has been filed with the Town Clerk within thirty days after the date of the adoption thereof, or at any other time and said resolution has not been amended, modified or rescinded; and on February 14, 2023 the Town Board adopted a resolution, subject to a permissive referendum, authorizing and increasing the aggregate principal amount which the Town Board may borrow and for which obligations may be issued from $5,000,000 to $20,000,000, as authorized pursuant to Section 4 of Chapter 699 of the Laws of 1947, and acts amendatory thereto, which resolution shall become effective 30 days after adoption if no petition protesting against said resolution and requesting that said resolution be submitted to the electors of the District for their approval or disapproval has been filed with the Town Clerk within thirty days after the date of the adoption thereof; and WHEREAS, the principal amount of bonds issued pursuant to this resolution shall not exceed $2,500,000; Now, therefore, on the basis of the information given at such hearing, it is hereby DETERMINED, that it is in the public interest to increase and improve the facilities of the District as hereinabove described, at the estimated maximum cost of $2,500,000; and it is hereby ORDERED, that the facilities of the District shall be so increased and improved and that the Board of Commissioners shall prepare plans and specifications and make a careful estimate of the expense for said increase and improvement of such facilities and, with the assistance of Attorney for said Board, shall prepare a proposed contract for such increase and improvement of facilities of the District, which plans and specifications, estimate and proposed contract shall be presented to the Town Board as soon as possible; and it is hereby FURTHER ORDERED, that the expense of said increase and improvement of facilities shall be financed as hereinabove set forth, and the costs thereof, including payment of the principal of and interest on the obligations authorized to be issued, shall be assessed, levied and collected by the Town Board from the several lots and parcels of land within the District in the same manner and at the same time as other Town charges, but if not paid from such source, all the taxable property within said Town shall be subject to the levy of ad valorem taxes, in an amount sufficient to pay the principal of and interest on said obligations; and it is hereby FURTHER ORDERED, that the Town Clerk record, or cause to be recorded, a certified copy of this Resolution and Order After Public Hearing in the office of the Clerk of Suffolk County within ten (10) days after adoption hereof  Vote Record - Resolution RES-2023-229 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 2023-230 CATEGORY: Bond DEPARTMENT: Town Clerk FIFD Bond Resolution BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED FEBRUARY 14, 2023, APPROPRIATING $2,500,000 FOR THE INCREASE AND IMPROVEMENT OF FACILITIES OF THE FISHERS ISLAND FERRY DISTRICT, AND AUTHORIZING THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT OF $2,500,000 TO FINANCE SAID APPROPRIATION WHEREAS, after a public hearing duly called and held pursuant to Section 202-b of the Town Law, and the applicable provisions of Chapter 699 of the New York Laws of 1947, the Town Board of the Town of Southold (herein called the “Town”), in the County of Suffolk, New York determined that it is in the public interest to increase and improve the facilities of the Fishers Island Ferry District (referred to herein as the “District”), and ordered that such facilities be so improved; Now, therefore, be it RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK (by the favorable vote of not less than two-thirds of all the members of said Board) AS FOLLOWS: Section 1. The Town hereby appropriates the amount of $2,500,000 for the increase and improvement of facilities of the District, consisting of the replacement of dolphins (piling clusters) and bulkhead repairs at the District’s New London Terminal and replacement of the south vehicle offloading ramp at the District’s Fishers Island Terminal. The aggregate estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $2,500,000. The plan of financing includes the issuance of bonds in the principal amount of $2,500,000 to finance said appropriation, and the assessment, levy and collection of assessments upon the several lots and parcels of land within the District in the same manner and at the same time as other Town charges, but if not paid from such source, all the taxable property within said Town shall be subject to the levy of ad valorem taxes, in an amount sufficient to pay the principal of and interest on said obligations. Section 2. Bonds of the Town are hereby authorized to be issued in the principal amount of $2,500,000 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 stated: (a) The period of probable usefulness of the object(s) or purpose(s) for which said bonds are authorized to be issued, within the limitations of Section 11.00 a. 7 and 22 of the Law, is or exceeds twenty (20) years, and it is hereby determined that the bonds authorized pursuant to this resolution, and any notes issued in anticipation thereof, shall mature no later than twenty (20) years after the date of issuance of the first bond or note issued pursuant hereto. (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. 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 said bonds shall contain the recital of validity prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation said bonds shall be general obligations of the Town, payable as to both principal and interest by a 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 issued 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 the issuance 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 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 the renewals of said bond anticipation notes, and relative to executing contracts for credit enhancements and providing for substantially level or declining annual debt service, 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 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 the 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 resolution shall take effect immediately and the Town Clerk is hereby authorized and directed to publish the foregoing bond resolution, in summary, in “The Suffolk Times,” a newspaper having a general circulation in said Town, which newspaper is hereby designated as the official newspaper of the Town for such publication, together with the Town Clerk’s statutory notice in the form prescribed by Section 81.00 of the Local Finance Law of the State of New York. (NOTICE AND SUMMARY OF BOND RESOLUTION FOR PUBLICATION) NOTICE The resolution, a summary of which is published herewith, has been adopted on February 14, 2023, and the validity of the obligations authorized by such resolution may be hereafter contested only if such obligations were authorized for an object or purpose for which the Town of Southold, in the County of Suffolk, New York is not authorized to expend money or if the provisions of law which should have been complied with as of the date of publication of this notice were not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the publication of this notice, or such obligations were authorized in violation of the provisions of the constitution. BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Dated: February 14, 2023 Southold, New York Denis Noncarrow Town Clerk BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED FEBRUARY 14, 2023, APPROPRIATING $2,500,000 FOR THE INCREASE AND IMPROVEMENT OF FACILITIES OF THE FISHERS ISLAND FERRY DISTRICT, AND AUTHORIZING THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT OF $2,500,000 TO FINANCE SAID APPROPRIATION The object or purpose for which the bonds are authorized is the increase and improvement of facilities of the Fishers Island Ferry District, consisting of the replacement of dolphins (piling clusters) and bulkhead repairs at the District’s New London Terminal and replacement of the south vehicle offloading ramp at the District’s Fishers Island Terminal at the aggregate estimated maximum cost of $2,500,000. The maximum amount of obligations authorized to be issued is $2,500,000. The period of probable usefulness is twenty (20) years. A complete copy of the Bond Resolution summarized above shall be available for public inspection during normal business hours at the office of the Town Clerk, Town Hall, 53095 Main Road, Southold, New York.  Vote Record - Resolution RES-2023-230 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 2023-231 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact 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” 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 will be 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 Amendments to Chapter 245, entitled Partial Exemption for Senior Citizens” which 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-2023-231 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 2023-232 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk ENACT 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 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 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-2023-232 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 2/14 7:00 Pm WW Farms, LLC - CE 2. PH 2/14 7:00 Pm Elizabeth Lind Revocable Trust Land Purchase 3. PH 2/14 7:00 Pm - Bond - FIFD Terminal Ramp 4. PH 2/14 7:00 Pm LL Chapter 245 - Senior Citizens 5. PH 2/14 7:00 Pm - LL Chapter 51 Police Department