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HomeMy WebLinkAboutAG-04/25/2023 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 FINAL SOUTHOLD TOWN BOARD April 25, 2023 4:30 PM POLICY: At the beginning of scheduled Town Board meetings, the attending public is encouraged to briefly address the Town Board relating to agenda resolutions prior to their enactment; the public will also be given time at the conclusion of the regularly scheduled business agenda to address the Board on any given topic. ONLINE ACCESS: The Tentative Agenda is generally available the Friday before the meeting. The video of the meeting is usually available to watch live during the meeting. Minutes with adopted resolutions are available 1-2 days after the meeting. A full copy of the minutes, agenda and meeting video can be viewed by going to the official Town of Southold website: www.southoldtownny.gov <http://www.southoldtownny.gov> and following either of the following: (1) Move pointer over “Government” on the Town website home page. You will find the title “Town Supervisor/Town Board”. Under this title you will see “Southold Town Board Meetings and Agendas”. or (2) Go to “How Do I”, in the right upper corner of the Town website home page, Choose “Access”, then “Southold Town Board Meetings and Agendas. Go to the date of the meeting and click on "Minutes Packet" this is the full copy of the resolutions. (Scroll to bottom of page for KEY to symbols). You can view the live video of the meeting by clicking on the camera symbol. All of this information is available 24/7. If you would like help navigating the site, please feel free to call my office 631-765-1800. Due to the expiration of the New York State Governor’s Executive Orders regarding the COVID-19 pandemic in-person access to the Public will now be permitted. The meeting will still be accessible via Zoom and streamed live on the Town’s website. The meeting can be viewed live by going to the Town’s website at www.southoldtownny.gov <http://www.southtownny.gov> home page. Click on the “Government” tab, once the drop down menu appears, under “Town Supervisor/Town Board”, click on “Southold Town Board Minutes and Agendas” which takes the user to the Town of Southold Meeting Portal page. Once on the Meeting Portal page, click on the date of the meeting you wish to view and then click on “Video”. A recording of the meeting will also air on Channel 22 and will be posted on the Town’s website Instructions and link to attend the meeting will be available on the Town’s website or by calling the Town Clerk’s office at (631)765-1800. A telephone number will also be provided to allow members of the public to attend via telephone. Written comments and/or questions may also be submitted via email to the Town Clerk at denisn@southoldtownny.gov <mailto:denisn@southoldtownny.gov>and Lynda.rudder@town.southold.ny.us <mailto:Lynda.rudder@town.southold.ny.us> . Said comments and/or questions will be considered at the public hearing provided that they are submitted no later than 12:00 P.M. (Prevailing Time) on the day of the public hearing. Pursuant to the requirements of the Executive Order of the Governor of the State of New York, a transcript will be prepared of the public hearing, and a copy shall be filed with the Town Clerk and placed upon the Town's website. Please check the meeting Agenda posted on the Town’s website (www.southoldtownny.gov) for further instructions or for any changes to the instructions to access the public hearing, and for updated information. Call to Order 4:30 PM Meeting called to order on April 25, 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. Trustee Report March 2023 II. Public Notices 1. Liquor License Application BrewVentures NY, LLC 9095 Sound Ave. Mattituck NY III. Communications IV. Discussion 1. 9:00 AM - Mark Terry - Assistant Planning Director, Mara Cerezo - Planner, Members of the Community Preservation Fund Housing Advisory Board with Nelson, Pope and Voorhis Consultants Town of Southold Housing Plan 2. 10:00 AM - Mark Terry, Assistant Planning Director Comprehensive Plan Implementation Funding Opportunity 3. Supreme Court Denial of the Long Island Sound Dredging Lawsuit 4. Narcan Rescue Stations: Follow Up from 4/11- Decide on Locations 5. Councilwoman Sarah Nappa Transportation Commission Item - Rational Speed Limits 6. EXECUTIVE SESSION - Potential Litigation 11:30 AM - Dan Goodwin, Superintendent of Highways with Michael Collins, Town Engineer and John Sepenoski, GIS Technician 7. EXECUTIVE SESSION - Legal Advice Matter 12:00 PM - Kevin Webster, Chairman of the Board of Assessors 8. EXECUTIVE SESSION - Labor - Matters Involving the Employment/Appointment of a Particular Person(S) - Committee Appointments (follow-up) Special Presentation “Southold Town Arbor Day Poster Contest Winners” . V. Resolutions 2023-383 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated April 25th, 2023.  Vote Record - Resolution RES-2023-383  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 2023-384 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, May 9th, 2023 at the Southold Town Hall, Southold, New York at 7:00 P.M.  Vote Record - Resolution RES-2023-384 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  2023-385 CATEGORY: Authorize Payment DEPARTMENT: Town Attorney Agreement with Parker Jewish Institute for Health Care & Rehabilitation RESOLVED , that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Agreement with Parker Jewish Institute for Health Care & Rehabilitation for the payment of charges for Adult Day Care services incurred at Katinka House Adult Day Care, on behalf of members enrolled in the Parker Jewish Institute for Health Care & Rehabilitation Respite Scholarship Program, in an amount not to exceed $1,800.00. Charges in excess of the scholarship funds shall be the sole responsibility of the individual receiving such services, subject to the approval of the Town Attorney.  Vote Record - Resolution RES-2023-385  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  2023-386 CATEGORY: Authorize Payment DEPARTMENT: Town Attorney Agreement Between the Town of Southold and Deschamps Mat Systems, Inc., RESOLVED that the Town Board of the Town of Southold hereby accepts the Quote dated March 28,2023, of Deschamps Mat Systems, Inc. located in Cedar Grove, New Jersey, to purchase 2 Mobi-mats and Mobi-Chairs in connection with the installation of a blue Mobi-mats at Goose Creek and Kennys beaches with one Mobi Chair at each location ; and be it further RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Scott A. Russell to execute an Agreement between the Town of Southold and Deschamps Mat Systems, Inc., regarding same, in the amount of $15,956.78, subject to the approval of the Town Attorney, funded from budget line The fund account is A.7180.4.100.250  Vote Record - Resolution RES-2023-386 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  2023-387 CATEGORY: Advertise DEPARTMENT: Human Resource Center Permission to Advertise to Fill Current PT Vacancies in Senior Services Programs at the HRC. RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for 2 weeks for the following part time positions for Senior Services Programs at the Southold Town Human Resource Center: - Mini Bus Driver (CDL) at the hourly rate of $20.28 for 17.5 hours per week. - Therapeutic Activities Worker at the hourly rate of $21.16 for 17.5 hours per week. - Food Service Worker at the hourly rate of $16.89 for 17.5 hours per week.  Vote Record - Resolution RES-2023-387  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  2023-388 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk New Suffolk Civic Assoc. 4Th of July Parade Financial Impact: Police Department Cost for Event =$568.85 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the New Suffolk Civic th Association to use the following route for its 4 of July Parade in New Suffolk, on Tuesday, July 4, 2023 at 10:30 AM; participants will march down New Suffolk Road, New Suffolk Avenue, Main Street, First Street, Jackson Street and onto the Town Beach grassy area, provided they follow all the conditions in the Town’s Policy for Special Events on Town Properties. Failure to comply with the conditions of the policy will result in the forfeiture of the cleanup deposit.  Vote Record - Resolution RES-2023-388 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 2023-389 CATEGORY: Special Events DEPARTMENT: Town Attorney Special Event 2023 -14 at the Borghese Vineyard RESOLVED that the Town Board of the Town of Southold hereby grants permission to Times Review to hold Special Event 2023 -14 at the Borghese Vineyard , County RD 48, Cutchogue, New York as applied for in Application NFWFC1 for Special Event Celebrating local Farms, Food, Restaurant and Wineries on the North Fork on August 31, 2023 from 6PM to 11PM with the following conditions from Suffolk County Department of Economic Development and Planning, Division of Planning and Environment : 1. The special use permit shall be valid on August 31, 2023 only; and 2. The “Northforker Wine & Food Classic” special event shall be conducted in accordance with the proposal and site plan received by the Suffolk County Department of Economic Development and Planning, Division of Planning and Environment, on March 23, 2023, 3. The “Northforker Wine & Food Classic” special event shall not adversely impact the viability of the agricultural operation and/or the associated natural resources; and 4. The landowner shall be responsible for compliance with all conditions of Farmland Committee Resolution No. FC-09-2023, the deed of development rights, the contract of sale, and all applicable federal, state, county, and town regulations, rules and statutes. All parking must be contained on site. Provided they adhere to all conditions on the application , the permit , Suffolk County Department of Economic Development and Planning, Division of Planning and Environment and to the Town of Southold Policy for Special Events and subject to the applicant's compliance with all executive orders of the State of New York. This permit is subject to revocation if the applicant fails to comply with any of the conditions of the approval or is unable to properly control traffic flow into and out of the event.  Vote Record - Resolution RES-2023-389  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  2023-390 CATEGORY: Special Events DEPARTMENT: Town Attorney Special Event 2023-15 at the Greenport Brewing Co RESOLVED that the Town Board of the Town of Southold hereby grants permission to Greenport Brewing Company, to hold Special Event 2023-15 at the Greenport Brewing Co, 42155 Main RD, Peconic, New York as applied for in Application GBC1a-b for 2023 Annual Dog Dock Diving Event on 6/3/2023 and 6/4/2023 from 9AM to 5PM This event is approved with the following conditions: 1. All parking of vehicles for this event must be as shown on the plan submitted with the special event application with the exception of the space at Wesnofske Farm marked for “20 cars”. 2. The space at Wesnofske Farm marked for “20 cars” is located on land where development rights have been sold to the Town and parking for special events in this area is not permitted. 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-2023-390  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  2023-391 CATEGORY: Agreements - Non DEPARTMENT: Town Attorney Agreement with Suffolk County Office for the Aging . RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Agreement between the Town of Southold and the Suffolk County Office for the Aging for community services for the Residential Repair Program for the Elderly for the period January 1, 2023 through December 31, 2023, at no cost to the Town, subject to the approval of the Town Attorney.  Vote Record - Resolution RES-2023-391 Adopted  Yes/Aye No/Nay Abstain Absent Adopted as Amended   Defeated Sarah E. Nappa      Tabled Greg Doroski      Withdrawn  Supervisor's Appt Brian O. Mealy     Tax Receiver's Appt  Jill Doherty     Rescinded  Louisa P. Evans     Town Clerk's Appt  Supt Hgwys Appt  Scott A. Russell     No Action   Lost 2023-392 CATEGORY: Special Events DEPARTMENT: Town Clerk Annual Boy Scout Car Show Financial Impact: Cost Analysis: $229.12 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Boy Scout Troop 6 to hold its Annual Car Show, setting up Friday, September 1st, 2023 at 5 PM. The event will be held on Saturday, September 2nd, 2023 from 9 AM to 4 PM and will be taken down on Sunday, September 3rd, 2023 by 5 PM. The event will be held at the Peconic Lane Community Center, Peconic Lane, Peconic, provided they file with the Town Clerk a Two Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and comply with all the provisions of the Town’s Special Permit Policy. All fees associated with this approval shall be waived, with the exception of the clean-up deposit.  Vote Record - Resolution RES-2023-392 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  2023-393 CATEGORY: Ratify Fishers Island Reso. DEPARTMENT: Town Clerk FIFD 4/17/23 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 April 17, 2023 meeting, as follows: FIFD Resolution# Regarding 2023-062 Budget Modification 2023-063 Legal - Contract Naval Architects 2023-064 Legal - Contract Road Maintenance  Vote Record - Resolution RES-2023-393  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  2023-394 CATEGORY: Special Events DEPARTMENT: Town Clerk Mattituck Environmental Fireworks Permit Issuance RESOLVED that the Town Board of the Town of Southold hereby approves the issuance of a Fireworks Permit by the Town Clerk to Mattituck Environmental LLC for a fireworks display on Tuesday, July 4, 2023 at approx. 9:30 PM (Rain Date: TBD at 9:30 PM) at 9205 Skunk Lane, Cutchogue, New York, upon payment of a single fee of $100.00 and subject to the applicant’s compliance with the requirements of the Town’s Policy regarding the issuance of fireworks permits.  Vote Record - Resolution RES-2023-394 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  2023-395 CATEGORY: Fireworks Permit DEPARTMENT: Town Clerk Fireworks Greenport Fire Dept RESOLVED that the Town Board of the Town of Southold hereby approves the issuance of a Fireworks Permit by the Town Clerk to the Greenport Fire Department Star Hose Co. & SS Amusements for a Fireworks display on Saturday, May 27th, 2023 at 09:30 P.M. Rain Date, Sunday, May 28th, 2023 at 09:30 P.M. at the Greenport Athletic Field, Greenport High School, located at 725 Front Street and east side of Moores Lane, Greenport, New York, upon single payment of $100.00 and subject to the applicant’s compliance with any conditions and all requirements of the Town of Southold Policy regarding the issuance of fireworks permits.  Vote Record - Resolution RES-2023-395  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  2023-396 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint Seasonal Police Officer RESOLVED that the Town Board of the Town of Southold hereby appoints Ryan Creighton to the position of Seasonal Police Officer for the Southold Town Police Department, effective May 15, 2023 through September 18, 2023 at a rate of $23.55 per hour.  Vote Record - Resolution RES-2023-396 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  2023-397 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint Seasonal Police Officer RESOLVED that the Town Board of the Town of Southold hereby appoints John Locke to the position of Seasonal Police Officer for the Southold Town Police Department, effective May 15, 2023 through September 18, 2023, at a rate of $23.55 per hour.  Vote Record - Resolution RES-2023-397  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  2023-398 CATEGORY: Agreements - Non DEPARTMENT: Town Attorney Agreement with SC Office for Aging / AAA Transportation Program RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Agreement between the Town of Southold and the Suffolk County Office for the Aging for the Town to receive funding under the AAA Transportation Program, IFMS No. 00000013672 - 001-6806- 4980-95294, not to exceed $10,020.00 for the period January 1, 2023 through December 31, 2023, with option , to be exercised at the County’s discretion, to June 30, 2024 on same terms and conditions, subject to the approval of the Town Attorney.  Vote Record - Resolution RES-2023-398  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  2023-399 CATEGORY: Committee Resignation DEPARTMENT: Town Clerk Resignation - Transportation Commission RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Nicholas Mazzaferro as a member of the Southold Town Transportation Commission, effective April 20, 2023.  Vote Record - Resolution RES-2023-399 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 2023-400 CATEGORY: Agreements - Non DEPARTMENT: Town Attorney Agreement with Ace Endico Corp. , H. Schrier & Co., Inc. and Lowney Wholesale Meats RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Agreement between the Town of Southold and Ace Endico Corp. , H. Schrier & Co., Inc. and Lowney Wholesale Meats for the supply of food for the Human Resource Center’s Programs for the Aging pursuant to the terms and conditions of the accepted and contracted bid dated March 24, 2023 with the Town of Riverhead, and extended to the Town of Southold pursuant to §103(16) of the General Municipal Law, subject to the approval of the Town Attorney and funded from budget line A.6772.4.100.700.  Vote Record - Resolution RES-2023-400 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  2023-401 CATEGORY: Agreements - Non DEPARTMENT: Town Attorney Agreement with Summer Showcase Concert Series, Inc RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Agreement between the Town of Southold and Summer Showcase Concert Series, Inc. for the organizing and hosting of the weekly concerts in Silversmith Park for the 2023 summer season for the total amount of $10,000.00, subject to the approval of the Town Attorney, funded from budget line A.7020.4.600.400.  Vote Record - Resolution RES-2023-401 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  2023-402 CATEGORY: Employment - Town DEPARTMENT: Historian Appoint Andrew Heller as Unpaid Historian Intern RESOLVED the Town Board of the Town of Southold hereby appoints Andrew Heller as an intern in the Town Historians Office effective May 22, 2023 to serve in this capacity without compensation.  Vote Record - Resolution RES-2023-402  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  2023-403 CATEGORY: Refund DEPARTMENT: Town Attorney Mehmet & Guzel Cevher Refund RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund (from Account #CM.1189.10) to Mehmet & Guzel Cevher from the Town of Southold in the amount of $8,500.00 in connection with the payment of the Community Preservation Fund tax on property in Southold (SCTM #1000- 069.00-05.00-008.000) purchased by Mehmet & Guzel Cevher on April 3,2023, as Mr. & Mrs. Guzel qualify for First Time Homebuyers exemption.  Vote Record - Resolution RES-2023-403 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  2023-404 CATEGORY: Budget Modification DEPARTMENT: Accounting 2023 Budget Modification- CDBG Financial Impact: Establish CDBG Budget per approved contract (Year 48) RESOLVED that the Town Board of the Town of Southold hereby modifies the 2023 Community Development Fund budget as follows: Increase Revenues: CD.2743.48 Year 48 $134,000 Total $134,000 Increase Appropriations: CD.8660.N.047.008 Year 48 CAST $19,000 CD.8660.N.047.010 Year 48 Maureen’s Haven 5,000 CD.8660.N.047.018 Year 48 ADA Upgrades-Senior Center 50,000 CD.8660.N.047.019 Year 48 Senior Transport Van 60,000 Total $134,000  Vote Record - Resolution RES-2023-404 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 2023-405 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint James Hille PT Electrical Inspector RESOLVED that the Town Board of the Town of Southold hereby appoints James Hille to the position of Part Time Electrical Inspector for the Building Department effective April 26, 2023, at a rate of $33.26 per hour.  Vote Record - Resolution RES-2023-405  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  2023-406 CATEGORY: Budget Modification DEPARTMENT: Accounting 2022 Budget Modification - Accounting Financial Impact: Transfer funds to cover 2022 shortfalls. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2022 General Fund Whole Town, Part Town, Park & Recreation, Highway, and Solid Waste Management District budgets as follows: General Fund Whole Town Increase Revenues: A.2610.00 NYS Audit & Control $3,858 Total $3,858 Increase Expenditures: A.1110.4.400.500 Parking Ticket Services $3,858 Total $3,858 From: A.1420.4.500.300 Professional Services $11,000 A.1990.4.100.100 Unallocated Contingencies $65,576 Total $76,576 To: A.1420.4.500.100 Legal Counsel $53,446 A.1420.4.500.200 Legal Counsel - Labor Relations $23,130 Total $76,576 From: A.1620.4.400.600 Equipment Maint & Repair $1,239 Total $1,239 To: A.1670.4.600.400 Postage $505 A.1670.4.600.500 Express Mail $648 A.5650.4.400.700 Property Leases $86 Total $1,239 From: A.9010.8.000.000 NYS Employees Retirement $8,917 A.9050.8.000.000 Unemployment Benefits $1,482 A.9060.8.000.000 Medical Insurance, NYSHIP $8,815 Total $19,214 To: A.1375.4.500.100 Credit Card Fees $5,664 A.9015.8.000.000 NYS Police/Fire Retirement $8,917 A.9055.8.000.100 CSEA Benefit Fund $1,482 A.9060.8.000.100 Medicare Reimbursement $3,151 Total $19,214 General Fund Part Town From: B.1990.4.100.100 Unallocated Contingencies $1,055 B.9060.8.000.000 Medical Insurance, NYSHIP $32,177 Total $33,232 To: B.1375.4.500.100 Credit Card Fees $1,055 B.9060.8.000.100 Medicare Reimbursement $2,480 B.9089.8.000.100 Medical Plan Buyout $29,697 Total $33,232 Park & Recreation Increase Revenues: CR.5990.00 Appropriated Fund Balance $33,000 Total $33,000 Increase Expenditures: CR.9901.9.000.100 Transfers to Capital Fund $33,000 Total $33,000 Highway Fund Part Town From: DB.9060.8.000.000 Medical Insurance, NYSHIP $9,747 Total $9,747 To: DB.9060.8.000.100 Medicare Reimbursement $4,747 DB.9730.6.000.000 BAN Principal $5,000 Total $9,747 Solid Waste Management District From: SR.8160.4.400.840 Hazardous Waste Removal $875 SR.9055.8.000.000 Benefit Fund $25 SR.9060.8.000.000 Medical Insurance, NYSHIP $3,710 Total $4,610 To: SR.8160.4.500.500 Credit Card Fees $875 SR.9055.8.000.200 Employee Assistance Program $25 SR.9060.8.000.100 Medicare Reimbursement $3,710 Total $4,610  Vote Record - Resolution RES-2023-406  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  2023-407 CATEGORY: Employment - Town DEPARTMENT: Accounting Accepts Resignation of Erika Wood-Heidemann RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Erika Wood- Heidemann from the position of Part Time Therapeutic Activities Worker for the Human Resource Center effective close of business May 10, 2023.  Vote Record - Resolution RES-2023-407 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 2023-408 CATEGORY: Advertise DEPARTMENT: Town Clerk Advertise for Part-Time Code Enforcement Officer RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for the position of PT Code Enforcement Officer for the Town Attorney’s Office for two (2) consecutive weeks.  Vote Record - Resolution RES-2023-408  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  2023-409 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Agreement with DCJS for Fingerprinting Financial Impact: A.3120.4.600.125 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Chief of Police Martin Flatley to enter into an agreement with The New York State Division of Criminal Justice Services (DCJS) for the purpose of establishing the Fingerprint Escrow Account for payment of criminal history record searches. The required initial deposit in the amount of $1,000.00 (Account A.3120.4.600.125) will be remitted to DCJS to establish an account for the Southold Police Department; the account to be replenished per the agreement as necessary, subject to the approval of the Town Attorney.  Vote Record - Resolution RES-2023-409  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  2023-410 CATEGORY: Coastal Erosion DEPARTMENT: Town Attorney MKS Realty CEA Decision WHEREAS, the Board of Trustees on December 14, 2022, denied the application of MKS Realty, LLC for a Coastal Erosion Hazard Permit to construct a single-family residence on the premises known as 1925 North Sea Drive, Southold New York, under Town Code Section 111; and WHEREAS, on January 13, 2023 MKS Realty LLC submitted an application requesting an appeal of the said decision of the Board of Trustees to the Town Board of the Town of Southold, in its capacity as the Coastal Erosion Hazard Board of Review, pursuant to Code Section 111-25; and WHEREAS, on February 28, 2023 the Town Board held a public hearing on the appeal of MKS Realty LLC from the denial of the requested Coastal Erosion Hazard Permit, with the opportunity of all interested parties be heard; and WHEREAS, the Town Board thereafter held the application open for a two (2) week period for the purpose of allowing for additional written comment from the applicant and all other interested parties; and WHEREAS, the Town Board has considered the entire record on appeal by MKS Realty LLC for a Coastal Erosion Hazard Permit; now therefore be it RESOLVED, that the Town Board does hereby adopt the written Determination Following Public Hearing dated April 25, 2023; and be it further RESOLVED, that the Town Board, in its capacity as the Coastal Erosion Hazard Board of Review, hereby affirms the December 14, 2022 determination of the Board of Trustees and denies the instant appeal for the reasons set forth in said Determination.  Vote Record - Resolution RES-2023-410 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 2023-411 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact Chapter 24 - Housing Fund TO BE ADJOURNED UNTIL May 23 WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, th on the 11 day of April, 2023, a Local Law entitled “A Local Law in Relation to Amending Chapter 34 Housing Fund, to Increase the Size of the Housing Advisory Commission” and, WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, “A Local Law in Relation to Amending Chapter 34 Housing Fund, to Increase the Size of the Housing Advisory Commission” reads as follows: LOCAL LAW NO. 2023 A Local Law entitled, “A Local Law in Relation to Amending Chapter 34 Housing Fund, to Increase the Size of the Housing Advisory Commission” BE IT ENACTED by the Town Board of the Town of Southold, as follows: I. PURPOSE. The purpose of the amendment is to amend Chapter 34 to expand the size of the Housing Advisory Commission. II. AMENDMENT. The Southold Town Code is hereby amended by removing the struck through words and adding the underlined words as follows: § 34-6 Housing Advisory Commission established. A. The Town Board hereby formally establishes a Housing Advisory Commission to review and make recommendations regarding the Town of Southold Housing Fund. This Commission would supplant the efforts of the former Affordable Housing Committee that no longer meets as a working group. This Board will consist of 7 9 residents of the Town who shall serve without compensation. No member of the Town Board shall serve on the Commission. The Commission shall reflect a diverse membership, with individuals from various geographic locations. In addition, membership will include a broad representation from the community, such as landowners, persons with skill and knowledge about the environment, real estate, banking, building and farming. The Commission may also seek members who were/are recipients of housing assistance. 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-2023-411 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 2023-412 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact Chapter 96 Boats, Docks & Wharves WHEREAS that there has been presented to the Town Board of the Town of Southold, Suffolk County, New th York, on the 11 day of April, 2023, a Local Law entitled “A Local Law in Relation to Amending Chapter 96 Boats, Docks and Wharves” and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, “A Local Law in Relation to Amending Chapter 96 Boats, Docks and Wharves” reads as follows: LOCAL LAW NO. 2023 A Local Law entitled, “A Local Law in Relation to Amending Chapter 96 Boats, Docks and Wharves” BE IT ENACTED by the Town Board of the Town of Southold as follows: I. PURPOSE. The purpose of the amendment is to amend Chapter 96 II. AMENDMENT. The Southold Town Code is hereby amended by removing the struck through words and adding the underlined words as follows: Chapter 96 - Boats, Docks and Wharves Article III - Boats § 96-7 Definitions. For the purpose of this article, the terms used herein are defined as follows: ANCHOR - To secure a vessel to the bottom by employing an anchor which is removed from the bottom every time the vessel is underway. BOAT (VESSEL) - Every vessel propelled in any manner. Every description of watercraft or artificial contrivance used or capable of being used as a means of transportation on water. § 96-8 Sanitary regulations. The dumping of oil, refuse, garbage, sewage or waste is prohibited A. Discharge of toilets is prohibited in the waters of the Town of Southold. B. Dumping or discharging petroleum products, refuse, garbage or waste, either liquid or solid, or emptying swimming pools in the waters and wetlands of the Town of Southold is prohibited. C. Discharge into waters and wetlands. The installation, construction or maintenance of any discharge device, discharge system or gravity- dependent outflow pipe that is determined to be permanent ancillary component of any area, use or structure which effects the discharge of swimming pool effluent, stormwater runoff or any other liquid effluent into the surface waters or wetlands of the Town of Southold by any property owner, swimming pool maintenance company, home improvement contractor or any other agent of a property owner shall be deemed a violation of this chapter. § 96-12 Water-skiers. A. No person shall operate a vessel for towing a person on water skis, a surfboard, inflatable, parasail or similar device unless there is in such boat or vessel a person, other than the operator, of at least 10 years of age, in a position to observe the progress of the person being towed. B. No person shall ride on water skis, a surfboard or similar device, or use or operate a boat to tow a person thereon, between the period of one hour after sunset and one hour after sunrise. be towed on water skis or a surfboard, inflatable, parasail or similar device or use or operate a boat to tow a person thereon between the period from sunset to one hour after sunrise or during periods of limited visibility. C. Permitted areas. (1) No person shall ride be towed on water skis, surfboard, inflatable, parasail, or similar device or use or operate a boat to tow a person thereon in any channel or within 150 feet of any public or semipublic bathing beach or public dock or within 50 feet of any swimmer or bather or moving or anchored boat, nor shall any such persons engaged in such activities come within 300 feet of the shoreline unless they approach or depart perpendicularly to or from the shoreline solely for the purpose of commencing or ending the ride. D. No person shall be towed on water skis, surfboard, inflatable parasail or similar device, or use or operate a boat to tow a person thereon, unless such person is wearing a Coast Guard approved personal flotation device of Type I, II or III. E. No person shall be towed on water skis, surfboard, inflatable parasail or similar device or use or operate a boat to tow a person thereon between the period of sunset to sunrise or during periods of limited visibility. § 96-14 Equipment. C. In addition to the penalties provided for in this chapter, the Bay Constable Harbor Master has the authority to take the following actions for violations in this section: (1) Direct the operator to proceed to a dock or anchorage. (2) Suspend further use of the boat until the condition is corrected. § 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 Southold unless: (1) The operator who is under the age of 18 year The operator who is under the age of 18 is accompanied therein by a person who is 18 years of age or older and is a holder of a boating safety certificate issued by the New York State Commissioner of Parks, Recreation and Historic Preservation, the United States Power Squadrons, the United States Coast Guard Auxiliary, or the United States Sailing Association for a Power Boating 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 the Office of Parks and Recreation of the State of New York New York State Commissioner of Parks, Recreation and Historic Preservation, pursuant to § 78 Of the New York State Navigation Law. The United States Power Squadrons, the United States Coast Guard Auxiliary, or the United States Sailing Association for a Power Boating Course approved by the Commissioner. B. The failure of a person specified in § 96-15A(2) hereof to exhibit a boating safety course certificate 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 motorboat motorized vessel shall knowingly authorize or permit the operation in violation of section 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. D. No person shall operate a vessel while in an intoxicated condition or while his ability to operate such a vessel is impaired by the consumption of alcohol or by the use of a drug. E. All commercial jet ski or commercial windsurfing operators shall provide a patrol boat (other than a jet ski or windsurfer) which must be operational and manned at all times for the purpose of controlling their clientele. F. All commercial jet ski and windsurfer operators shall require their clientele to wear United States Coast Guard approved personal flotation devices of Type I, II or III. G. Small sailboats, commonly known as "windsurfers," are prohibited in the following areas: (1) Within 500 feet of Mattituck Inlet. (2) Within 100 feet of swimlines. Article V - Administration and Enforcement § 96-30 Enforcing officer. It shall be the duty of the Bay Constable Harbor Master and his deputies and assistants to administer and enforce the provisions of this chapter. § 96-31 Notice of violation. A. Whenever the Bay Constable Harbor Master has reasonable grounds to believe that operations regulated hereby are being conducted in violation of the provisions of this chapter or not in compliance with a permit issued pursuant to this chapter, he may notify the owner of the property or the owner's agent or the person performing such operations to suspend all operations, and any such person shall forthwith cease operations until such notice of violation has been rescinded. B. Such notice shall be in writing, shall specify the violation and shall state the conditions which must be complied with and the time within which compliance must be completed before operations may be resumed. Such notice shall also inform the person to whom it is directed of his right to apply for a hearing before the Board of Trustees of the Town of Southold, as hereinafter provided. C. Such notice shall be served upon the person to whom it is directed by delivering it to him personally or by posting the same in a conspicuous place on the premises where operations are being conducted and mailing a copy thereof to such person by certified mail to his last known address. D. The Bay Constable Harbor Master may extend the time of compliance specified in the notice of violation where there is evidence of intent to comply within the time specified and conditions exist which prevent immediate compliance. E. In the event that the person upon whom a notice of violation has been served shall fail to comply with said notice within the time specified therein or within the time specified in any extension of time issued by the Bay Constable Harbor Master, any permit issued to such person pursuant to this chapter shall be deemed revoked. F. It shall be unlawful for any person served with a notice of violation pursuant to § 96-31C to fail to comply with such notice. § 96-33 Compliance required; penalties for offenses. A. It shall be unlawful for any owner, occupant, builder, architect, contractor or their agents or any person to fail to comply with any provisions of this chapter or to fail in any manner to comply with a written notice, directive or order of the Bay Constable Harbor Master or to conduct any operation in a manner not in compliance with a permit issued pursuant to this chapter. B. For every offense against any of the provisions of this chapter or any regulations made pursuant thereto or failure to comply with a written notice or order of the Bay Constable Harbor Master within the time fixed for compliance therewith, the owner, occupant, builder, architect, contractor or their agents or any other person who commits, takes part or assists in the commission of any such offense or who shall fail to comply with a written order or notice of the Bay Constable Harbor Master shall, upon conviction thereof, be guilty of a violation punishable by a fine not to exceed $500 or by imprisonment for a period not to exceed six months, or by both such fine and imprisonment. Each day's continued offense shall constitute a separate, additional violation. C. In addition to the above-provided penalties, the Town may also maintain an action or proceeding in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter. 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-2023-412 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 4/25 4:30 Pm LL Chapter 34 Housing Fund 2. PH 4/25 4:30 Pm Chapter 96 Boats, Docks and Wharfs