HomeMy WebLinkAboutAG-11/21/2023 DENIS NONCARROW �� �, Town Hall, 53095 Main Road
TOWN CLERK P.O. Box 1179
REGISTRAR OF VITAL STATISTICS Southold, New York 11971
MARRIAGE OFFICER �� �� Fax (631) 765-6145
RECORDS MANAGEMENT OFFICER � , t�f Telephone (631) 765-1800
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
AGENDA
FINAL
SOUTHOLD TOWN BOARD
November 21, 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.goy> 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
denisno,southoldtownny_goy<maiIto:denisngsoutholdtownny.gov>and Lynda.ruddergtown.southol d.ny.us
<mai Ito:Lynda.ruddergtown.southol d.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 November 21, 2023 at Meeting Hall, 53095 Route 25, Southold, NY.
Attendee Name Present Absent Late Arrived
Councilwoman Sarah E. Nappa ❑ ❑ ❑
Councilman Greg Doroski ❑ ❑ ❑
Councilman Brian 0. Mealy ❑ ❑ ❑
Councilwoman Jill Doherty ❑ ❑ ❑
Justice Louisa P. Evans ❑ ❑ ❑
Supervisor Scott A. Russell ❑ ❑ ❑
I. Reports
1. Trustee's Monthly Report
October 2023
2. Planning Board Monthly Report
October 2023
II. Public Notices
1. Liquor License Application
Top Flight Windemere LLC
2255 Wickham Ave. Mattituck NY 11952
III. Communications
IV. Discussion
1. 9:00 AM -Justin T. Cobis, Ed.D., Superintendent of Schools/Principal of Oysterponds UFSD with
Tom Stevenson, Oysterponds BOE President and Tim Abrams, Department of Public Works Building
Maintenance Supervisor
Discussion of Adding Pickleball Courts to Old Schoolhouse Park in East Marion
2. 9:15 AM - Tim Abrams, Building Maintenance Supervisor
Updates on Fishers Island Police Trailer and Whistler Avenue Streetlights
3. 9:30 AM - Sonia Spar, P/T Spanish Speaking Community Service Worker
Update on Spanish Community Outreach Initiatives
4. Supervisor Russell
ZBA De Minimus Relief
5. EXECUTIVE SESSION - Labor- Matters Involving the Employment/Appointment of a Particular
Person(S)
- Councilman Brian Mealy Re: Historic Preservation Commission
- Councilman Greg Doroski Re: Economic Development Committee
10:30 AM -Tim Abrams, Building Maintenance Supervisor
V. Resolutions
2023-956
CATEGORY.• Audit
DEPARTMENT. Town Clerk
Approve Audit
RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated November 21st,
2023.
✓Vote Record-Resolution RES-2023-956
❑ Adopted
❑ Adopted as Amended
Yes/Aye No/Nay Abstain Absent
El Defeated
❑ Tabled Sarah E.Nappa ❑ El El El
❑ Withdrawn Greg Doroski _— El El El El
❑ Supervisor's Appt
Brian O.Mealy ❑ ❑ ❑ ❑
❑ Tax Receiver's Appt —
❑ Rescinded Jill Doherty ❑ ❑ ❑ ❑
❑ Town Clerk's Appt Louisa P.Evans _— El El El El
❑ Supt Hgwys Appt
Scott A.Russell ❑ ❑ ❑ ❑
❑ No Action —
❑ Lost
2023-957
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,
December 5th, 2023 at the Southold Town Hall, Southold, New York at 7:00 P.M.
✓Vote Record-Resolution RES-2023-957
❑ Adopted
❑ Adopted as Amended
Yes/Aye No/Nay Abstain Absent
El Defeated
❑ Tabled Sarah E.Nappa El El El El
❑ Withdrawn Greg Doroski ❑ El El El
❑ Supervisor's Appt
Brian O.Mealy ❑ ❑ ❑ ❑
❑ Tax Receiver's Appt —
❑ Rescinded Jill Doherty ❑ ❑ ❑ ❑
❑ Town Clerk's Appt Louisa P.Evans ❑ El El El
❑ Supt Hgwys Appt
Scott A.Russell ❑ ❑ ❑ ❑
❑ No Action —
❑ Lost
2023-958
CATEGORY.• Employment- Town
DEPARTMENT. Accounting
Rescind Resolution 2023-914
Whereas Resolution 2023-931 was adopted on November 8, 2023 and Whereas Resolution 2023-914 adopted
October 24, 2023 was a duplicate resolution, therefore be it RESOLVED the Town Board of the Town of
Southold hereby RESCINDS Resolution 2023-914.
✓Vote Record-Resolution RES-2023-958
❑ Adopted
❑ Adopted as Amended
❑ Defeated Yes/Aye No/Nay Abstain Absent
❑ Tabled Sarah E.Nappa El El El El
❑ Withdrawn Greg Doroski _— El El El El
❑ Supervisor's Appt
Brian O.Mealy ❑ ❑ ❑ ❑
❑ Tax Receiver's Appt —
❑ Rescinded Jill Doherty ❑ ❑ ❑ ❑
❑ Town Clerk's Appt Louisa P.Evans _— El El El El
❑ Supt Hgwys Appt
Scott A.Russell ❑ ❑ ❑ ❑
❑ No Action —
❑ Lost
2023-959
CATEGORY.• Contracts, Lease & Agreements
DEPARTMENT: Recreation
Hire Fall 2023 Recreation Program Instructors
Financial Impact:
Contracts for Winter 2024 Instructors
Resolved that the Town Board of the Town of Southold authorizes and directs Supervisor Scott A. Russell to
execute an agreement with the following individuals and businesses for the Winter 2024 Recreation programs, all in
accordance with the approval of the Town Attorney. Funding for the instructors listed below has been budgeted for
in the Recreation Department's 2024 instructor line A.7020.4.500.420.
Grace Rowan (Morning Stretch, Senior Bootcamp) $40/hour
Alice Jones (Crochet) $30/hour
Terry Barrett(Line Dancing Beginner, Line Dancing Intermediate) $75/person
Steven Schwab (Chair Yoga Mon/Wed, Basic Yoga Mon/Wed) $35/hour
Alan Stewart(Tai Chi, Tabata) $30/hour
Susan Kaufman (Creative Writing) $30/hour
Dr. Jeffrey Poplarski (Golf Fitness) $75/class
Susan Kaufman (Creative Writing) $30/hour
Amy Greenberg (Yoga Therapy) $30/hour
Ian Toy (Watercolor Beginner, Watercolor Intermediate) $35/hour
Rachel Thomas (Zumba) $30/hour
John Diaz Senior Self Defense, Youth Martial Arts $30/hour
✓Vote Record-Resolution RES-2023-959
❑ Adopted
❑ Adopted as Amended
Yes/Aye No/Nay Abstain Absent
El Defeated
❑ Tabled Sarah E.Nappa ❑ El El El
❑ Withdrawn Greg Doroski _— El El El El
❑ Supervisor's Appt
Brian O.Mealy ❑ ❑ ❑ ❑
❑ Tax Receiver's Appt —
❑ Rescinded Jill Doherty ❑ ❑ ❑ ❑
❑ Town Clerk's Appt Louisa P.Evans _— El El El El
❑ Supt Hgwys Appt
Scott A.Russell ❑ ❑ ❑ ❑
❑ No Action —
❑ Lost
2023-960
CATEGORY.• Employment- Town
DEPARTMENT: Accounting
Accepts Resignation of Melanie Doroski
RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Melanie Doroski
from the position of Part Time Land Management Specialist II effective November 8, 2023.
✓Vote Record-Resolution RES-2023-960
❑ Adopted Yes/Aye No/Nay Abstain Absent
❑ Adopted as Amended
❑ Defeated Sarah E.Nappa ❑ ❑ ❑ ❑
❑ Tabled Greg Doroski ❑ ❑ ❑ ❑
❑ Withdrawn _—
El El El El
El
Supervisor's Appt Brian O.Mealy —
❑ Tax Receiver's Appt Jill Doherty ❑ ❑ ❑ ❑
❑ Rescinded Louisa P.Evans _— El El El El
❑ Town Clerk's Appt
Scott A.Russell ❑ ❑ ❑ ❑
❑ Supt Hgwys Appt T—
❑ No Action
❑ Lost
2023-961
CATEGORY.• Fmla
DEPARTMENT: Accounting
Grant FMLA Intermittent Leave to a Town Employee
RESOLVED that the Town Board of the Town of Southold hereby grants an intermittent leave of absence for
u to 12 weeks to Employee 41275 effective November 9 2023 pursuant to the Family Medical Leave Act.
✓Vote Record-Resolution RES-2023-961
❑ Adopted
❑ Adopted as Amended
Yes/Aye No/Nay Abstain Absent
El Defeated
❑ Tabled Sarah E.Nappa ❑ El El El
❑ Withdrawn Greg Doroski _— El El El El
❑ Supervisor's Appt
Brian O.Mealy ❑ ❑ ❑ ❑
❑ Tax Receiver's Appt —
❑ Rescinded Jill Doherty ❑ ❑ ❑ ❑
❑ Town Clerk's Appt Louisa P.Evans _— El El El El
❑ Supt Hgwys Appt
Scott A.Russell ❑ ❑ ❑ ❑
❑ No Action —
❑ Lost
2023-962
CATEGORY.• Budget Modification
DEPARTMENT: Accounting
2023 Budget Modification-Park&Playground(Tasker Park)
Financial Impact:
Transfer Park& Playground funds to cover new water service at Tasker Park
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2023 Park& Recreation Fund
and the General Fund Whole Town budgets as follows:
Increase Expenditures:
A.1620.4.400.200 Buildings & Grounds, Property Maint/Repair $4,100 Total $4,100
Increase Revenues:
A.5031.54 Interfund Transfers, Park& Playground $4,100 Total $4,100
Increase Expenditures:
CR.9901.9.000.400 Transfer to General Fund $4,100 Total $4,100
Increase Revenues:
CR.5990.00 Appropriated Fund Balance $4,100 Total $4,100
✓Vote Record-Resolution RES-2023-962
❑ Adopted
❑ Adopted as Amended
❑ Defeated Yes/Aye No/Nay Abstain Absent
❑ Tabled Sarah E.Nappa El El El El
❑ Withdrawn Greg Doroski ❑ El El El
❑ Supervisor's Appt
Brian O.Mealy ❑ ❑ ❑ ❑
❑ Tax Receiver's Appt —
❑ Rescinded Jill Doherty ❑ ❑ ❑ ❑
❑ Town Clerk's Appt Louisa P.Evans ❑ El El El
❑ Supt Hgwys Appt
Scott A.Russell ❑ ❑ ❑ ❑
❑ No Action —
❑ Lost
2023-963
CATEGORY.• Advertise
DEPARTMENT: Town Clerk
Advertise for Historic Preservation Committee Members
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk's
office to advertise for members for the Historical Preservation Committee for two 2 consecutive weeks..
✓Vote Record-Resolution RES-2023-963
❑ Adopted
❑ Adopted as Amended
❑ Defeated Yes/Aye No/Nay Abstain Absent
❑ Tabled Sarah E.Nappa El El El El
❑ Withdrawn Greg Doroski ❑ El El El
❑ Supervisor's Appt
Brian O.Mealy ❑ ❑ ❑ ❑
❑ Tax Receiver's Appt —
❑ Rescinded Jill Doherty ❑ ❑ ❑ ❑
❑ Town Clerk's Appt Louisa P.Evans ❑ El El El
❑ Supt Hgwys Appt
Scott A.Russell ❑ ❑ ❑ ❑
❑ No Action —
❑ Lost
2023-964
CATEGORY.• Advertise
DEPARTMENT: Human Resource Center
Permission to Advertise to Fill Current 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 positions for Senior Services Programs at the Southold Town Human
Resource Center:
- Full Time Mini Bus Driver(CDL) at a rate of$35,746.67 per year.
- 2 Part Time Therapeutic Activities Workers at the hourly rate of$21.16 for 17.5 hours per week.
✓Vote Record-Resolution RES-2023-964
❑ Adopted
❑ Adopted as Amended
Yes/Aye No/Nay Abstain Absent
El Defeated
❑ Tabled Sarah E.Nappa ❑ El El El
❑ Withdrawn Greg Doroski _— El El El El
❑ Supervisor's Appt
Brian O.Mealy ❑ ❑ ❑ ❑
❑ Tax Receiver's Appt —
❑ Rescinded Jill Doherty ❑ ❑ ❑ ❑
❑ Town Clerk's Appt Louisa P.Evans _— El El El El
❑ Supt Hgwys Appt
Scott A.Russell ❑ ❑ ❑ ❑
❑ No Action —
❑ Lost
2023-965
CATEGORY.• Bond
DEPARTMENT: Town Clerk
Bond for Purchase of Land on Boisseau Ave
BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK,
ADOPTED NOVEMBER 21, 2023, AUTHORIZING THE ISSUANCE OF
BONDS IN A PRINCIPAL AMOUNT NOT TO EXCEED $3,325,000 TO
FINANCE THE ACQUISITION OF A 31.38-ACRE PARCEL OF LAND
LOCATED AT 1645 BOISSEAU AVENUE, SOUTHOLD, STATING THE
ESTIMATED MAXIMUM COST THEREOF IS $3,325,000 AND
APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE
THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK,
NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all the members of
said Town Board) AS FOLLOWS:
Section 1. The Town of Southold, in the County of Suffolk, New York(herein called the
"Town"), is hereby authorized to issue bonds in a principal amount not to exceed $3,325,000 pursuant to the
Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York(herein called
the "Law"), to finance the acquisition of a 31.38-acre parcel of land located at 1645 Boisseau Avenue, Southold
(SCTM 1000-055.00-05.00-017.000).
Section 2. The estimated maximum cost of the project described herein, including preliminary
costs and costs incidental thereto and the financing thereof, is $3,325,000 and said amount is hereby
appropriated for such purpose. The plan of financing includes the issuance of bonds in a principal amount not
to exceed $3,325,000 to finance said appropriation, the levy and collection of taxes on all the taxable real
property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due
and payable.
Section 3. The following additional matters are hereby determined and declared:
(a) The period of probable usefulness applicable to the object or purpose for which said bonds
are authorized to be issued, within the limitations of Section 11.00 a. 21 of the Law, is thirty (30)years.
(b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in
anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date
of this resolution for the purpose for which said bonds are authorized. The foregoing statement of intent with
respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States
Treasury Department.
(c) The proposed maturity of the bonds authorized by this resolution will exceed five (5) years.
Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes
issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00
of the Law and said bonds and any notes issued in anticipation of said bonds shall be general obligations of the
Town, payable as to both principal and interest by general tax upon all the taxable real property within the
Town. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal
of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be
made annually in the budget of the Town by appropriation for(a) the amortization and redemption of the bonds
and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and
payable in such year.
Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the
provisions of Section 21.00 of the Law relative to the authorization of bonds with substantially level or
declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation
notes and Section 50.00 and Sections 56.00 to 60.00 and Section 168.00 of the Law, the powers and duties of
the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and
as to the sale and issuance of the bonds herein authorized, and of any bond anticipation notes issued in
anticipation of said bonds, and the renewals of said bond anticipation notes, and as to the execution of
agreements for credit enhancements, are hereby delegated to the Supervisor, the chief fiscal officer of the Town.
Section 6. The validity of the bonds authorized by this resolution, and of any notes issued in
anticipation of the sale of said bonds, may be contested only if:
(a) such obligations are authorized for an object or purpose for which the Town is not
authorized to expend money, or
(b) the provisions of law which should be complied with at the date of publication of such
resolution, or a summary thereof, are not substantially complied with,
and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of
such publication, or
(c) such obligations are authorized in violation of the provisions of the constitution.
Section 7. This bond resolution is subject to a permissive referendum and the Town Clerk is
hereby authorized and directed, within ten (10) days after the adoption of this resolution, to publish or cause to
be published, in full, in the official newspaper of the Town, having a general circulation within said Town, and
posted on the sign board of the Town maintained pursuant to the Town Law, a Notice in substantially the
following form appearing in Exhibit A hereto.
Section 8. The Town Clerk is hereby authorized and directed, after said bond resolution shall
take effect, to cause said bond resolution to be published, in summary, in the official newspaper of the Town,
having a general circulation within said Town, together with a Notice in substantially the form as provided by
Section 81.00 of the Law.
EXHIBIT A
(Below is the Notice for Publication and Posting)
TOWN OF SOUTHOLD, NEW YORK
PLEASE TAKE NOTICE that on November 21, 2023, the Town Board of the Town of
Southold, in the County of Suffolk, New York, adopted a bond resolution entitled:
"Bond Resolution of the Town of Southold, New York, adopted November
21, 2023, authorizing the issuance of bonds in a principal amount not to
exceed $3,325,000 to finance acquisition of a 31.38-acre parcel of land
located at 1645 Boisseau Avenue, Southold, stating the estimated maximum
cost thereof is $3,325,000 and appropriating said amount for such purpose,"
an abstract of which bond resolution concisely stating the purpose and effect thereof, being as follows:
FIRST: AUTHORIZING the Town of Southold,New York to issue bonds in a principal amount
not to exceed $3,325,000 pursuant to the Local Finance Law of the State of New York, to finance the
acquisition of a 31.38-acre parcel of land located at 1645 Boisseau Avenue, Southold(SCTM 1000-055.00-
05.00-017.000);
SECOND: STATING that the estimated maximum cost thereof, including preliminary costs and
costs incidental thereto and the financing thereof, is $3,325,000; appropriating said amount for such purpose;
and STATING that the plan of financing includes the issuance of bonds in a principal amount not to exceed
$3,325,000 to finance said appropriation, the levy and collection of taxes on all the taxable real property in the
Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable;
THIRD: DETERMINING and STATING that the period of probable usefulness applicable to
the object or purpose for which said bonds are authorized to be issued is thirty (30)years; the proceeds of said
bonds and any bond anticipation notes issued in anticipation thereof may be applied to reimburse the Town for
expenditures made after the effective date of this bond resolution for the purposes for which said bonds are
authorized; and the proposed maturity of said bonds will exceed five (5)years;
FOURTH: DETERMINING that said bonds and any bond anticipation notes issued in
anticipation of said bonds and the renewals of said bond anticipation notes shall be general obligations of the
Town; and PLEDGING to their payment the faith and credit of the Town;
FIFTH: DELEGATING to the Supervisor the powers and duties as to the issuance of said bonds
and any bond anticipation notes issued in anticipation of said bonds, or the renewals thereof, and
SIXTH: STATING the conditions under which the validity of the bonds and any notes issued in
anticipation thereof may be contested; and
SEVENTH: DETERMINING that the bond resolution is subject to a permissive referendum.
DATED: November 21, 2023
Denis Noncarrow
Town Clerk
✓Vote Record-Resolution RES-2023-965
❑ Adopted
❑ Adopted as Amended
Yes/Aye No/Nay Abstain Absent
El Defeated
❑ Tabled Sarah E.Nappa ❑ El El El
❑ Withdrawn Greg Doroski _— El El El El
❑ Supervisor's Appt
Brian O.Mealy ❑ ❑ ❑ ❑
❑ Tax Receiver's Appt —
❑ Rescinded Jill Doherty ❑ ❑ ❑ ❑
❑ Town Clerk's Appt Louisa P.Evans _— El El El El
❑ Supt Hgwys Appt
Scott A.Russell ❑ ❑ ❑ ❑
❑ No Action —
❑ Lost
2023-966
CATEGORY.• Budget Modification
DEPARTMENT: Public Works
2023 Budget Modification-DPW
Financial bnpact:
Funds needed for heating oil
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2023 General Fund Whole
Town budget as follows:
From:
A.1620.4.400.100 Buildings & Grounds, Building Maint/Rep $1,500 Total $1,500
To:
A.1620.4.100.250 Buildings & Grounds, Heating Fuel $_ 500 Total $1,500
✓Vote Record-Resolution RES-2023-966
❑ Adopted
❑ Adopted as Amended
Yes/Aye No/Nay Abstain Absent
El Defeated
❑ Tabled Sarah E.Nappa El El El El
❑ Withdrawn Greg Doroski ❑ El El El
❑ Supervisor's Appt
Brian O.Mealy ❑ ❑ ❑ ❑
❑ Tax Receiver's Appt —
❑ Rescinded Jill Doherty ❑ ❑ ❑ ❑
❑ Town Clerk's Appt Louisa P.Evans ❑ El El El
❑ Supt Hgwys Appt
Scott A.Russell ❑ ❑ ❑ ❑
❑ No Action —
❑ Lost
2023-967
CATEGORY.• Committee Resignation
DEPARTMENT. Town Clerk
Resignation ofEric L Dantes fi^om HAC
RESOLVED that the Town Board of the Town of Southold hereby accepts, the resignation of Eric L Dantes
. from the Housing Advisory Commission, effective December 31, 2023.
✓Vote Record-Resolution RES-2023-967
❑ Adopted
❑ Adopted as Amended
Yes/Aye No/Nay Abstain Absent
El Defeated
❑ Tabled Sarah E.Nappa El El El El
❑ Withdrawn Greg Doroski ❑ El El El
❑ Supervisor's Appt
Brian O.Mealy ❑ ❑ ❑ ❑
❑ Tax Receiver's Appt —
❑ Rescinded Jill Doherty ❑ ❑ ❑ ❑
❑ Town Clerk's Appt Louisa P.Evans ❑ El El El
❑ Supt Hgwys Appt
Scott A.Russell ❑ ❑ ❑ ❑
❑ No Action —
❑ Lost
2023-968
CATEGORY.• Employment- Town
DEPARTMENT: Accounting
Retirement Resolution for Elected/Appointed Officials
WHEREAS, the State of New York has set additional reporting requirements in Section 315.4 of the New York Codes,
Rules and Regulations which requires all elected and appointed officials whose terms start on or after August 12, 2009,
who are members of the New York State and Local Retirement System and who do not participate in their employer's
time keeping system to prepare a log of their work-related activities for three consecutive months and submit their logs to
the clerk or secretary of the governing body within 150 days of the start of their term;
NOW THEREFORE, BE IT
RESOLVED that the Town Board of the Town of Southold hereby establishes the following as standard workdays for
elected and appointed officials and will report the following days worked to the New York State and the Local
Employees' Retirement System based on the record of activities maintained and submitted by these officials to the clerk
of this body:
Title Name Standard Term Begins/ Participates in Record of Activities
Work Ends Employer's Result
Day Time Keeping
(Hrs/day) System
Justice Daniel Ross 6 I/l/20-12/31/23 N 14.22 days/month
BE IT FURTHER RESOLVED, that said standard is being established to meet the accounting requirements of the New
York State Employees Retirement System for calculation of retirement benefits, and
BE IT FURTHER RESOLVED, that the Town Clerk be and he hereby is authorized to send a certified copy of this
resolution to the New York State Employees Retirement System.
I, Denis Noncarrow, Town Clerk of the governing board of the Town of Southold of the State of New York, do hereby
certify that I have compared the foregoing with the original resolution passed by such board, at a legally convened
meeting held on the 21st day of November, 2023 on file as part of the minutes of such meeting, and that the same is a true
copy thereof and the whole of such original.
I further certify that the full board, consists of six (6) members, and the six (6) of such members were present at such
meeting and the six(6) of such members vote in favor of the above resolution.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Town of Southold, on this 21st day of
November,2023.
SEAL
Denis Noncarrow
Town Clerk
Town of Southold
✓Vote Record-Resolution RES-2023-968
❑ Adopted Yes/Aye No/Nay Abstain Absent
❑ Adopted as Amended _—
❑ Defeated Sarah E.Nappa ❑ ❑ ❑ ❑
❑ Tabled Greg Doroski ❑ El El El
❑ Withdrawn Brian O.Mealy _— El El El El
❑ Supervisor's Appt
Jill Doherty
El Tax Receiver's Appt El El El El
❑ Rescinded Louisa P.Evans ❑ ❑ ❑ ❑
❑ Town Clerk's Appt
Scott A.Russell ❑ ❑ ❑ ❑
❑ Supt Hgwys Appt —
❑ No Action
❑ Lost
2023-969
CATEGORY.• Committee Resignation
DEPARTMENT: Town Clerk
Resignation-Police Advisory
RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of John J. Slattery
from the position of a member of the Police Advisory Committee effective January, 1, 2024.
✓Vote Record-Resolution RES-2023-969
❑ Adopted
❑ Adopted as Amended
❑ Defeated Yes/Aye No/Nay Abstain Absent
❑ Tabled Sarah E.Nappa El El El El
❑ Withdrawn Greg Doroski ❑ El El El
❑ Supervisor's Appt
Brian O.Mealy ❑ ❑ ❑ ❑
❑ Tax Receiver's Appt —
❑ Rescinded Jill Doherty ❑ ❑ ❑ ❑
❑ Town Clerk's Appt Louisa P.Evans ❑ El El El
❑ Supt Hgwys Appt
Scott A.Russell ❑ ❑ ❑ ❑
❑ No Action —
❑ Lost
2023-970
CATEGORY.• Authorize Payment
DEPARTMENT: Town Clerk
Settle Outstanding Administrative Violations Issued by Suffolk County Department of Health
RESOLVED that the Town Board of the Town of Southold hereby authorizes the Supervisor Scott A. Russell to
settle outstanding administrative violations issued by Suffolk County Department of Health , identified in its
notice dated November 14, 2023 and to resolve the reduced fine of$625.00, subject to the approval of the Town
Attorney.
✓Vote Record-Resolution RES-2023-970
❑ Adopted
Yes/Aye No/Nay Abstain Absent
El Adopted as Amended
❑ Defeated Sarah E.Nappa ❑ ❑ ❑ ❑
❑ Tabled Greg Doroski ❑ El El El
❑ Withdrawn _—
El El El El
El
Supervisor's Appt Brian O.Mealy '—
❑ Tax Receiver's Appt Jill Doherty ❑ ❑ ❑ ❑
❑ Rescinded Louisa P.Evans ❑ El El El
❑ Town Clerk's Appt
Scott A.Russell ❑ ❑ ❑ ❑
❑ Supt Hgwys Appt —
❑ No Action
❑ Lost
2023-971
CATEGORY.• Budget Modification
DEPARTMENT: Information Technology
Information Technologies Budget Modification Funds Are Required to Purchase Additional Workstations that Were Not
Budgeted for in 2023.
Financial Impact:
Department Budget Modification
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2023 budget as follows:
From:
A.1680.4.400.360 Copy Machines —Lease $2500.00 Total
$2500.00
To:
A.1680.2.400.450 Workstations / Server Periph $2500.00
Total $2500.00
✓Vote Record-Resolution RES-2023-971
❑ Adopted
❑ Adopted as Amended
❑ Defeated Yes/Aye No/Nay Abstain Absent
❑ Tabled Sarah E.Nappa El El El El
❑ Withdrawn Greg Doroski _— El El El El
❑ Supervisor's Appt
Brian O.Mealy ❑ ❑ ❑ ❑
❑ Tax Receiver's Appt —
❑ Rescinded Jill Doherty ❑ ❑ ❑ ❑
❑ Town Clerk's Appt Louisa P.Evans _— El El El El
❑ Supt Hgwys Appt
Scott A.Russell ❑ ❑ ❑ ❑
❑ No Action —
❑ Lost
2023-972
CATEGORY.• Agreements -Non
DEPARTMENT: Trustees
Annual Agreement for Red Knot Bird Monitoring
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A.
Russell to execute a one (1)year agreement with Glenn Just to conduct Red Knot Bird Monitoring during
dredging operations in Southold Town Waters pursuant to the requirements of the United States Fish and
Wildlife Service Special Conditions, at a rate of one hundred and fifty ($150.00) dollars per hour, with the total
amount not to exceed $1,000.00, funded from budget line A.8090.4.500.300, all in accordance with the
approval of the Town Attorney.
✓Vote Record-Resolution RES-2023-972
❑ Adopted
❑ Adopted as Amended
❑ Defeated Yes/Aye No/Nay Abstain Absent
❑ Tabled Sarah E.Nappa El El El El
❑ Withdrawn Greg Doroski ❑ El El El
❑ Supervisor's Appt
Brian O.Mealy ❑ ❑ ❑ ❑
❑ Tax Receiver's Appt
El Rescinded Rescinded Jill Doherty ❑ ❑ ❑ ❑
❑ Town Clerk's Appt Louisa P.Evans ❑ El El El
❑ Supt Hgwys Appt
Scott A.Russell ❑ ❑ ❑ ❑
❑ No Action
El Lost
Lost
2023-973
CATEGORY.• Employment- Town
DEPARTMENT: Accounting
Accepts Resignation of Samuel Bracken
RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Samuel Bracken
from the position of Maintenance Mechanic III for the Department of Public Works effective close of
business December 5, 2023.
✓Vote Record-Resolution RES-2023-973
❑ Adopted
❑ Adopted as Amended
Yes/Aye No/Nay Abstain Absent
❑ Defeated
❑ Tabled Sarah E.Nappa ❑ El El El
❑ Withdrawn Greg Doroski _— El El El El
❑ Supervisor's Appt
Brian O.Mealy ❑ ❑ ❑ ❑
❑ Tax Receiver's Appt
El Rescinded Rescinded Jill Doherty ❑ ❑ ❑ ❑
❑ Town Clerk's Appt Louisa P.Evans _— El El El El
❑ Supt Hgwys Appt _—
Scott A.Russell ❑ ❑ ❑ ❑
❑ No Action
El Lost
Lost
2023-974
CATEGORY.• Employment- Town
DEPARTMENT: Accounting
Amend Resolution Number 2023-943
RESOLVED that the Town Board of the Town of Southold hereby amends Resolution Number 2023-943 to
read as follows:
WHEREAS, the State of New York has set additional reporting requirements in Section 315.4 of the New York Codes,
Rules and Regulations which requires all elected and appointed officials whose terms start on or after August 12, 2009,
who are members of the New York State and Local Retirement System and who do not participate in their employer's
time keeping system to prepare a log of their work-related activities for three consecutive months and submit their logs to
the clerk or secretary of the governing body within 150 days of the start of their term;
NOW THEREFORE, BE IT
RESOLVED that the Town Board of the Town of Southold hereby establishes the following as standard workdays for
elected and appointed officials and will report the following days worked to the New York State and the Local
Employees' Retirement System based on the record of activities maintained and submitted by these officials to the clerk
of this body:
Title Name Standard Term Begins/ Participates in Record of Activities
Work Ends Employer's Result
Day Time Keeping
(Hrs/day) System
Town Tax Receiver Kelly Fogarty 6 12/1/19-11/30/23 N 16.35 days/month
BE IT FURTHER RESOLVED, that said standard is being established to meet the accounting requirements of the New
York State Employees Retirement System for calculation of retirement benefits, and
BE IT FURTHER RESOLVED, that the Town Clerk be and he hereby is authorized to send a certified copy of this
resolution to the New York State Employees Retirement System.
I, Denis Noncarrow, Town Clerk of the governing board of the Town of Southold of the State of New York, do hereby
certify that I have compared the foregoing with the original resolution passed by such board, at a legally convened
meeting held on the 8`h day of November, 2023 on file as part of the minutes of such meeting, and that the same is a true
copy thereof and the whole of such original.
I further certify that the full board, consists of six (6) members, and the six (6) of such members were present at such
meeting and the six(6) of such members vote in favor of the above resolution.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Town of Southold, on this 8`b day of
November,2023.
SEAL
Denis Noncarrow
Town Clerk
Town of Southold
✓Vote Record-Resolution RES-2023-974
❑ Adopted
❑ Adopted as Amended
Yes/Aye No/Nay Abstain Absent
El Defeated
❑ Tabled Sarah E.Nappa ❑ El El El
❑ Withdrawn Greg Doroski _— El El El El
❑ Supervisor's Appt
Brian O.Mealy ❑ ❑ ❑ ❑
❑ Tax Receiver's Appt —
❑ Rescinded Jill Doherty ❑ ❑ ❑ ❑
❑ Town Clerk's Appt Louisa P.Evans _— El El El El
❑ Supt Hgwys Appt
Scott A.Russell ❑ ❑ ❑ ❑
❑ No Action —
❑ Lost
2023-975
CATEGORY.• Budget Modification
DEPARTMENT. Solid Waste Management District
2023 Budget Modification: SWNID
Financial Impact:
Covers year-end expenses for affected lines.
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2023 Solid Waste
Management District budget as follows:
From:
SR 8160.2.500.125 Facility Improvements $ 37,000
SR 8160.4.400.810 C&D Disposal 11,000
SR 8160.4.100.450 Equipment Parts/Supplies 12,000
SR 8160.4.100.475 Vehicle Parts/Supplies 5,000
SR 8160.4.100.525 Payloader/Truck Tires 9,000
SR 8160.4.400.620 Equipment Repairs 23,000
Total $97,000
To:
SR 8160.4.100.
SR 8160.4.100.175 Small Tools/Equipment $ 5,000
SR 8160.4.400.664 Repairs —Morbark Grinder 73,000
SR 8160.4.400.840 Hazardous Waste Removal 15,000
SR 8160.4.400.841 Waste Oil Removal 4,000
Total $97,000
✓Vote Record-Resolution RES-2023-975
❑ Adopted
❑ Adopted as Amended
Yes/Aye No/Nay Abstain Absent
El Defeated
❑ Tabled Sarah E.Nappa El El El El
❑ Withdrawn Greg Doroski ❑ El El El
❑ Supervisor's Appt
Brian O.Mealy ❑ ❑ ❑ ❑
❑ Tax Receiver's Appt —
❑ Rescinded Jill Doherty ❑ ❑ ❑ ❑
❑ Town Clerk's Appt Louisa P.Evans ❑ El El El
❑ Supt Hgwys Appt
Scott A.Russell ❑ ❑ ❑ ❑
❑ No Action —
❑ Lost
2023-976
CATEGORY.• Ratify Fishers Island Reso.
DEPARTMENT. Fishers Island Ferry District
FIFD 11/16/23 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 November 16, 2023 meeting, as follows:
FIFD
Resolution# Regarding
2023 - 166 Minutes
2023 - 167 Warrant
2023 - 168 Budget Modification - $2,500.00
2023 - 169 Budget Modification - $450,000.00
2023 - 170 Contract Yard Package
2023 - 171 Contract Marine Radios
✓Vote Record-Resolution RES-2023-976
❑ Adopted
❑ Adopted as Amended
❑ Defeated Yes/Aye No/Nay Abstain Absent
❑ Tabled Sarah E.Nappa El El El El
❑ Withdrawn Greg Doroski _— El El El El
❑ Supervisor's Appt
Brian O.Mealy ❑ ❑ ❑ ❑
❑ Tax Receiver's Appt —
❑ Rescinded Jill Doherty ❑ ❑ ❑ ❑
❑ Town Clerk's Appt Louisa P.Evans _— El El El El
❑ Supt Hgwys Appt
Scott A.Russell ❑ ❑ ❑ ❑
❑ No Action —
❑ Lost
2023-977
CATEGORY.• Equipment
DEPARTMENT: Solid Waste Management District
Asset Transfer: SWMD to Highway
RESOLVED that the Town Board of the Town of Southold hereby authorizes the transfer of SWMD fleet
vehicle RM-25 Asset 43750 2008 Ford F350 pickup truck to the Highway Department at a cost of$250.
✓Vote Record-Resolution RES-2023-977
❑ Adopted
❑ Adopted as Amended
❑ Defeated Yes/Aye No/Nay Abstain Absent
❑ Tabled Sarah E.Nappa El El El El
❑ Withdrawn Greg Doroski ❑ El El El
❑ Supervisor's Appt
Brian O.Mealy ❑ ❑ ❑ ❑
❑ Tax Receiver's Appt —
❑ Rescinded Jill Doherty ❑ ❑ ❑ ❑
❑ Town Clerk's Appt Louisa P.Evans ❑ El El El
❑ Supt Hgwys Appt
Scott A.Russell ❑ ❑ ❑ ❑
❑ No Action —
❑ Lost
2023-978
CATEGORY.• Budget Modification
DEPARTMENT: Highway Department
2023 Budget Modification Highway
Financial Impact:
Department Budget Modification
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2023 Highway Fund budget as
follows:
From:
DB.5142.4.100.935 Rock Salt $14,425.00
Total $14,425.00
To:
DB.5110.4.100.915 Cement $ 855.00
DB.5130.4.100.550 Tires $ 7,500.00
DB.5140.4.100.550 Equipment Parts/Supplies $ 100.00
DB.5140.4.400.600 Office Equip Maint/Repair $ 370.00
DB.5142.2.400.200 Snow Equipment $ 600.00
DB.5142.4.100.975 Plow Blades, Shoes, Wheels $ 5,000.00
Total $14,425.00
✓Vote Record-Resolution RES-2023-978
❑ Adopted
❑ Adopted as Amended
❑ Defeated Yes/Aye No/Nay Abstain Absent
❑ Tabled Sarah E.Nappa El El El El
❑ Withdrawn Greg Doroski _— El El El El
❑ Supervisor's Appt
Brian O.Mealy ❑ ❑ ❑ ❑
❑ Tax Receiver's Appt —
❑ Rescinded Jill Doherty ❑ ❑ ❑ ❑
❑ Town Clerk's Appt Louisa P.Evans _— El El El El
❑ Supt Hgwys Appt
Scott A.Russell ❑ ❑ ❑ ❑
❑ No Action —
❑ Lost
2023-979
CATEGORY.• Legal
DEPARTMENT: Town Attorney
MOA PBA Fishers Island
RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the Memorandum of
Agreement between the Town of Southold and the Southold Town Police Benevolent Association, Inc.,
concerning the establishment and continuation of police functions on Fishers Island, and hereby authorizes and
directs Supervisor Scott A Russell to execute said Memorandum of Agreement dated November 21, 2023 on
behalf of the Town.
✓Vote Record-Resolution RES-2023-979
❑ Adopted
Yes/Aye No/Nay Abstain Absent
❑ Adopted as Amended —
❑ Defeated Sarah E.Nappa ❑ ❑ ❑ ❑
❑ Tabled _—
El El El El
El
Withdrawn Greg Doroski —
❑ Supervisor's Appt Brian O.Mealy ❑ El El El
❑ Tax Receiver's Appt Jill Doherty _— El El El El
❑ Rescinded
Louisa P.Evans ❑ ❑ ❑ ❑
❑ Town Clerk's Appt _—
❑ Supt Hgwys Appt Scott A.Russell ❑ ❑ ❑ ❑
❑ No Action
❑ Lost
2023-980
CATEGORY.• Agreements -Non
DEPARTMENT: Town Attorney
MOA Employee 92350
RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the Memorandum of
Agreement made with Employee Number 2350 and hereby authorizes and directs Supervisor Scott A Russell to
execute said Memorandum of Agreement dated November 21, 2023 on behalf of the Town.
✓Vote Record-Resolution RES-2023-980
❑ Adopted
❑ Adopted as Amended
❑ Defeated Yes/Aye No/Nay Abstain Absent
❑ Tabled Sarah E.Nappa El El El El
❑ Withdrawn Greg Doroski _— El El El El
❑ Supervisor's Appt
Brian O.Mealy ❑ ❑ ❑ ❑
❑ Tax Receiver's Appt —
❑ Rescinded Jill Doherty ❑ ❑ ❑ ❑
❑ Town Clerk's Appt Louisa P.Evans _— El El El El
❑ Supt Hgwys Appt
Scott A.Russell ❑ ❑ ❑ ❑
❑ No Action —
❑ Lost
2023-981
CATEGORY.• Advertise
DEPARTMENT: Town Clerk
Advertise for Maintenance Mechanic III
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk's
office to advertise for the position of to Maintenance Mechanic III for the Department of Public Works.
✓Vote Record-Resolution RES-2023-981
❑ Adopted
Yes/Aye No/Nay Abstain Absent
El Adopted as Amended
❑ Defeated Sarah E.Nappa ❑ ❑ ❑ ❑
❑ Tabled Greg Doroski _— El El El El
❑ Withdrawn _—
Brian O.Mealy El El El ElEl Supervisor's Appt 'T—
❑ Tax Receiver's Appt Jill Doherty ❑ ❑ ❑ ❑
❑ Rescinded _—
Louisa P.Evans ❑ ❑ ❑ ❑
❑ Town Clerk's Appt —
❑ Supt Hgwys Appt Scott A.Russell ❑ ❑ ❑ ❑
❑ No Action
❑ Lost
2023-982
CATEGORY.• Committee Appointment
DEPARTMENT. Town Clerk
Economic Development Committee Secretary
RESOLVED that the Town Board of the Town of Southold hereby appoints Elizabeth Sakarellos as Secretary
for the Economic Development Committee, effective November 21, 2023 through December 31, 2023 not to
exceed five (5) hours per week in addition to her regular 35 hour work week, regardless of the number of
committees she serves.
✓Vote Record-Resolution RES-2023-982
❑ Adopted
❑ Adopted as Amended
❑ Defeated Yes/Aye No/Nay Abstain Absent
❑ Tabled Sarah E.Nappa El El El El
❑ Withdrawn Greg Doroski _— El El El El
❑ Supervisor's Appt
Brian O.Mealy ❑ ❑ ❑ ❑
❑ Tax Receiver's Appt —
❑ Rescinded Jill Doherty ❑ ❑ ❑ ❑
❑ Town Clerk's Appt Louisa P.Evans _— El El El El
❑ Supt Hgwys Appt
Scott A.Russell ❑ ❑ ❑ ❑
❑ No Action —
❑ Lost
2023-983
CATEGORY.• Legal
DEPARTMENT. Town Attorney
Appraisal US Coast Guard
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town
Attorney to retain an appraiser to prepare an appraisal of the parcel on Fishers Island presently owned
by the United States Coast Guard.
✓Vote Record-Resolution RES-2023-983
❑ Adopted Yes/Aye No/Nay Abstain Absent
❑ Adopted as Amended _—
❑ Defeated Sarah E.Nappa ❑ ❑ ❑ ❑
❑ Tabled Greg Doroski ❑ El El El
❑ Withdrawn Brian O.Mealy _— El El El El
❑ 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
2023-984
CATEGORY.• Legal
DEPARTMENT: Town Attorney
Special Counsel Schartzman V ZBA
RESOLVED that the Town Board of the Town of Southold hereby authorizes the Town Attorney to retain
Devitt Spellman Barrett, LLP. as Special Counsel to represent the Southold Town Board, in an action in
Supreme Court, Suffolk County, in the matter of the Application of Allan Schartzman v. Town of Southold
Zoning Board of Appeals.
✓Vote Record-Resolution RES-2023-984
❑ Adopted
❑ Adopted as Amended
❑ Defeated Yes/Aye No/Nay Abstain Absent
❑ Tabled Sarah E.Nappa El El El El
❑ Withdrawn Greg Doroski ❑ El El El
❑ Supervisor's Appt
Brian O.Mealy ❑ ❑ ❑ ❑
❑ Tax Receiver's Appt —
❑ Rescinded Jill Doherty ❑ ❑ ❑ ❑
❑ Town Clerk's Appt Louisa P.Evans ❑ El El El
❑ Supt Hgwys Appt
Scott A.Russell ❑ ❑ ❑ ❑
❑ No Action —
❑ Lost
2023-985
CATEGORY.• Legal
DEPARTMENT: Town Attorney
Special Counsel Mazzoni, Switzer, Switzer Cove Beach LLC, George Kougentakis, Turman's Triump
RESOLVED that the Town Board of the Town of Southold hereby authorizes the Town Attorney to retain
Devitt Spellman Barrett, LLP. as Special Counsel to represent the Southold Town Board, in an action in
Supreme Court, Suffolk County, in the matter of the Application of Henery Mazzoni, High Switzer and Switzer
Cove Beach LLC, George Kougentakis and Turman's Triumph, LLC v. Cove Beach Estates LLC, Ocean Point
Development Corp, Raoul J. Witteveen, Cove Realty Group LLC, Timothy Beaumont, Deborah Beaumont,
Town of Southold and Town of Southold Planning Board.
✓Vote Record-Resolution RES-2023-985
❑ Adopted Yes/Aye No/Nay Abstain Absent
❑ Adopted as Amended Sarah E.Nappa ❑ ❑ ❑ ❑
❑ Defeated
❑ Tabled Greg Doroski ❑ ❑ ❑ ❑
❑ Withdrawn Brian O.Mealy __ El El El El
❑ 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
2023-986
CATEGORY.• Legal
DEPARTMENT: Town Attorney
Special Counsel Sutton V ZBA
RESOLVED that the Town Board of the Town of Southold hereby authorizes the Town Attorney to retain
Devitt Spellman Barrett, LLP. as Special Counsel to represent the Southold Town Board, in an action in
Supreme Court, Suffolk County, in the matter of the Application of Tracy & Alexander Sutton v. Town of
Southold Zoning Board of Appeals.
✓Vote Record-Resolution RES-2023-986
❑ Adopted
❑ Adopted as Amended
❑ Defeated Yes/Aye No/Nay Abstain Absent
❑ Tabled Sarah E.Nappa El El El El
❑ Withdrawn Greg Doroski _— El El El El
❑ Supervisor's Appt
Brian O.Mealy ❑ ❑ ❑ ❑
❑ Tax Receiver's Appt —
❑ Rescinded Jill Doherty ❑ ❑ ❑ ❑
❑ Town Clerk's Appt Louisa P.Evans _— El El El El
❑ Supt Hgwys Appt
Scott A.Russell ❑ ❑ ❑ ❑
❑ No Action —
❑ Lost
2023-987
CATEGORY.• Legal
DEPARTMENT: Town Attorney
Modem Hearing Officer's Recommendation-Employee 99505
WHEREAS, pursuant to Town Law Section 155 and Civil Service Law Section 75, a Hearing Officer
was appointed to conduct a hearing on disciplinary charges that was preferred against Employee Number 9505
on or about August 10, 2022; and
WHEREAS, on May 15, 2023, June 15, 2023 and July 21, 2023, the Hearing Officer conducted a
hearing; and
WHEREAS, on October 16, 2023, the parties submitted post-hearing briefs to the Hearing Officer; and
WHEREAS, on or about November 17, 2023, the Hearing Officer issued a decision in which he
recommended that the Employee be found guilty of Charge I, Specifications 1, 2 and 3, Charge II, Specification
1, and Charge III, Specifications 1, 2, 3, 4, 5, and 6; and
WHEREAS, in his decision, the Hearing Officer recommended that the Employee be found not guilty of
Charge I, Specification 4, Charge II, Specification 2, and Charge III, Specification 7; and
WHEREAS, in considering the totality of the evidence based upon the Record before him, the Hearing
Officer recommended that the Employee's suspension without pay of 30 days already served be reduced to 20
days; and
WHEREAS, the Board, having reviewed the Record supporting the Decision, has determined that the
Decision contains certain statements that are unsupported by the Record, but that the Record otherwise supports
the Hearing Officer's Decision.
NOW, THEREFORE, BE IT RESOLVED, that the Town adopts in its entirety the Hearing Officer's
Decision, including its findings of fact and recommended penalty, except as follows:
1. Page 1, Caption, replace "Smithtown"with"Southold."
2. Page 1,Appearances, replace "PBA Counsel"with "Counsel for the Employee."
3. Page 5, "Background," delete the last line(Town Post-Hearing Brief,pp. 2, 33).
4. Page 10, The Town Board rejects the findings noted in the paragraph that begins "Separate
and apart from the main charges...". Upon consideration of the entire record, the Town
Board finds as follows:
For all of the same factual reasons as set forth above and as described in the Town's
Post-Hearing Brief, the Employee is guilty of violating General Order 1.04 as alleged in
Charge I, Specification 4 (sub-specifications "a"through "e"), Charge II, Specification 2
(sub-specifications "a"through "e"), Charge III, Specification 3 (sub-specifications "a"
through "d"), and Charge IV, Specification 7. By his conduct, the Employee: (i) failed to
know and conform to Department Rules and Regulations (General Order 1.04, Article
VII(B)(1)), (ii) failed to receive, record and service immediately all complaints and
request for service (General Order 1.04, Article VII(B)(8)); (iii) engaged in conduct
which brought discredit upon the Department(General Order 1.04, Article XII(1)); (iv)
failed to perform a duty (General Order 1.04, Article XII(2); (v) engaged in neglect or
dereliction in the performance of official duties (General Order 1.04, Article XII(5)); (vi)
engaged in an act of delinquency seriously affecting a member's general character or
fitness for office (General Order 1.04, Article XII(6); (vii) demonstrated incompetence
to perform an official duty (General Order 1.04, Article XII(10); (viii) engaged in
conduct unbecoming an officer(General Order 1.04, Article XII(18)); and(ix) failed to
report information of a police nature in conformance with Department Orders (General
Order 1.04, Article XII(55).
(Town Exhibit l; Town Exhibit 2 [p. 22, lines 14 through 20; p. 30, line 2 through p. 31,
line 4; p. 43, line 22 through p. 45, line 11]; Town Exhibit 3 [p.35, lines 5 through 11];
Town Exhibit 6; Town Exhibit 11, Appendix C; July 21, 2023 Transcript [p. 65, lines
10-25; p. 68, line 10 through p. 69, line 10])
5. Page 11, Upon consideration of the entire record, the Town Board rejects the paragraph that
begins "Given the record before me..." and, further, finds as follows:
Given the record, the Respondent has not met its burden of proof to have the Charges
dismissed as untimely and the Town has established by a preponderance of the evidence
that the Employee is guilty of Charge I, Specifications 1, 2, 3 and 4, Charge 11,
Specifications 1 and 2, Charge III, Specifications 1, 2 and 3, and Charge IV,
Specifications 1, 2, 3, 4, 5, 6 and 7.
6. Page 11, Based upon the aforesaid findings of the Town Board, the Board rejects the findings
found in the second paragraph after the colon and hereby adopts the following:
guilty of guilty of Charge I, Specifications 1, 2, 3 and 4, Charge II, Specifications 1 and
2, Charge III, Specifications 1, 2 and 3, and Charge IV, Specifications 1, 2, 3, 4, 5, 6 and
7.
BE IT FURTHER RESOLVED that the Employee's suspension without pay of 30 days, which he has
already served, is reduced to 20 days.
✓Vote Record-Resolution RES-2023-987
❑ Adopted
❑ Adopted as Amended
❑ Defeated Yes/Aye No/Nay Abstain Absent
❑ Tabled Sarah E.Nappa El El El El
❑ Withdrawn Greg Doroski _- El El El El
❑ Supervisor's Appt
Brian O.Mealy ❑ ❑ ❑ ❑
❑ Tax Receiver's Appt -
❑ Rescinded Jill Doherty ❑ ❑ ❑ ❑
❑ Town Clerk's Appt Louisa P.Evans _- El El El El
❑ Supt Hgwys Appt
Scott A.Russell ❑ ❑ ❑ ❑
❑ No Action -
❑ Lost
2023-988
CATEGORY.• Legal
DEPARTMENT. Town Attorney
Modem a Hearing Officer's Recommendation -Employee #4830
WHEREAS, pursuant to Town Law Section 155 and Civil Service Law Section 75, a Hearing Officer
was appointed to conduct a hearing on disciplinary charges that was preferred against Employee Number 4830
on or about August 10, 2022; and
WHEREAS, on July 18, 2023, the Hearing Officer conducted a hearing; and
WHEREAS, on October 16, 2023, the parties submitted post-hearing briefs to the Hearing Officer; and
WHEREAS, on or about November 17, 2023, the Hearing Officer issued a decision in which he
recommended that the Employee be found guilty of Charge I, Specifications 1, 2 and 3, Charge II, Specification
1, 2 and 3; and
WHEREAS, in his decision, the Hearing Officer recommended that the Employee be found not guilty of
Charge I, Specification 4, and Charge II, Specification 4; and
WHEREAS, in considering the totality of the evidence based upon the Record before him, the Hearing
Officer recommended that the Employee be suspended for two days; and
WHEREAS, the Board, having reviewed the Record supporting the Decision, has determined that the
Decision contains certain statements that are unsupported by the Record, but that the Record otherwise supports
the Hearing Officer's Decision.
NOW, THEREFORE, BE IT RESOLVED, that the Town adopts in its entirety the Hearing Officer's
Decision, including its findings of fact and recommended penalty, except as follows:
1. Page 1,Appearances, replace "PBA Counsel"with "Counsel for [the Employee]."
2. Page 3-4, "Background," delete the last line (Town Post-Hearing Brief,pp. 2, 28).
3. Page 4, Town's Position, first sentence, delete everything after "all of its charges" (Town Post-
Hearing Brief, pp. 2, 28).
4. Page 8, the Town Board rejects the findings noted in the paragraph that begins "Separate and
apart from the main charges...". Upon consideration of the entire record, the Town Board
finds as follows:
For all of the same factual reasons as set forth above and as described in the Town's
Post-Hearing Brief, the Employee is guilty of violating General Order 1.04 as alleged in
Charge I, Specification 4 (sub-specifications "a"through "f') and Charge II,
Specification 2 (sub-specifications "a"through IV'). By his conduct, [the Employee]: (i)
failed to know and conform to Department Rules and Regulations (General Order 1.04,
Article VII(B)(1)); (ii) failed to be in attendance for those hours specifically assigned
(General Order 1.04, Article VII(B)(4)); (iii) failed to remain on his duty post and left
his post without the approval of the supervising officer (General Order 1.04, Article
VII(B)(10)); (iv) failed to obey all laws and ordinances which he was obliged to enforce
(General Order 1.04, Article VII(B)(24)); (v) failed to perform a duty (General Order
1.04, Article XII(2)); (vi) engaged in neglect or dereliction in the performance of official
duties (General Order 1.04, Article XII(5)); (vii) engaged in an act of delinquency
seriously affecting his general character or fitness for office (General Order 1.04, Article
XII(6)); (viii)was absent from duty without proper authorization (General Order 1.04,
Article VII(8)); (ix) left a duty assignment without being properly relieved and without
proper authorization (General Order 1.04, Article XII(9)); and(x)violated a duly
constituted law (General Order 1.04, Article XII(14)).
(Joint Exhibit 7 [page 24, lines 19 through 22; page 25, line 3, through page 26, line 2;
page 29, lines 16 through 22; page 41, lines 6 through 11; page 50, lines 2 through 16];
Joint Exhibit 16, Appendix C; Joint Exhibit 17,page l; July 18, 2023 Transcript [page
37, lines 20-22].)
5. Page 8, Upon consideration of the entire record the Town Board rejects the findings found in
the paragraph that begins "Given the record before me..." and, further, finds as follows:
Given the record, the Respondent has not met its burden of proof to have the Charges
dismissed as untimely and the Town has established by a preponderance of the evidence
that [the Employee] is guilty of Charge I, Specifications 1, 2, 3 and 4, and Charge II,
Specifications 1, 2, 3 and 4.
6. Page 8, Based upon the aforesaid findings of the Town Board, the Board rejects the
recommendation of the Hearing Officer found at the second paragraph after the Employee's
name and hereby adopts the following:
is guilty of Charge I, Specifications 1, 2, 3 and 4, and Charge II, Specifications 1, 2, 3
and 4.
BE IT FURTHER RESOLVED that the Employee be suspended without pay for two days.
✓Vote Record-Resolution RES-2023-988
❑ Adopted
❑ Adopted as Amended
❑ Defeated Yes/Aye No/Nay Abstain Absent
❑ Tabled Sarah E.Nappa El El El El
❑ Withdrawn Greg Doroski _— El El El El
❑ Supervisor's Appt
Brian O.Mealy ❑ ❑ ❑ ❑
❑ Tax Receiver's Appt —
❑ Rescinded Jill Doherty ❑ ❑ ❑ ❑
❑ Town Clerk's Appt Louisa P.Evans _— El El El El
❑ Supt Hgwys Appt
Scott A.Russell ❑ ❑ ❑ ❑
❑ No Action —
❑ Lost
2023-989
CATEGORY.• Legal
DEPARTMENT. Town Attorney
Modem a Hearing Officer's Recommendation -Employee 3517
WHEREAS, pursuant to Town Law Section 155 and Civil Service Law Section 75, a Hearing Officer
was appointed to conduct a hearing on disciplinary charges that was preferred against Employee Number 3517
on or about August 10, 2022; and
WHEREAS, on July 18, 2023, the Hearing Officer conducted a hearing; and
WHEREAS, on October 16, 2023, the parties submitted post-hearing briefs to the Hearing Officer; and
WHEREAS, on or about November 17, 2023, the Hearing Officer issued a decision in which he
recommended that the Employee be found guilty of Charge I, Specifications 1 and 2; and
WHEREAS, in his decision, the Hearing Officer recommended that the Employee be found not guilty of
Charge I, Specification 3; and
WHEREAS, in considering the totality of the evidence based upon the Record before him, the Hearing
Officer recommended that a written reprimand stating his findings be placed in the Employee's personnel file
for a period not to exceed 18 months at which time it would be removed if there were no further disciplinary
issues involving him; and
WHEREAS, the Board, having reviewed the Record supporting the Decision, has determined that the
Decision contains certain statements that are unsupported by the Record, but that the Record otherwise supports
the Hearing Officer's Decision.
NOW, THEREFORE, BE IT RESOLVED, that the Town adopts in its entirety the Hearing Officer's
Decision, including its findings of fact and recommended penalty, except as follows:
1. Page 1,Appearances, replace "PBA Counsel"with "Counsel for the Employee."
2. Page 3, "Background," delete the last line(Town Post-Hearing Brief,pp. 2, 23).
3. Page 4, Town's Position, first sentence, delete everything after "its charge" (Town Post-
Hearing Brief, pp. 2, 23).
4. Pages 6-7. The Town Board rejects the findings noted in the paragraph that begins "Separate
and apart from the main charges...". Upon consideration of the entire record, the Town
Board finds as follows:
For all of the same factual reasons as set forth above and as described in the Town's
Post-Hearing Brief, the Employee is guilty of violating General Order 1.04 as alleged in
Charge I, Specification 4 (sub-specifications "a"through "f'). By his conduct, the
Employee: (i) failed to know and conform to Department Rules and Regulations
(General Order 1.04, Article VII(B)(1)); (ii) failed to obey all laws and ordinances that
he is obliged to enforce (General Order 1.04, Article VII(B)(24)); (iii) failed to perform
a duty (General Order 1.04, Article XII(2)); (iv) engaged in neglect or dereliction in the
performance of official duties (General Order 1.04, Article XII(5)); (v) engaged in act of
delinquency seriously affecting his general character or fitness for office (General Order
1.04, Article XII(6)); and(vi) violated a duly constituted law (General Order 1.04,
Article XII(14)).
(Joint Exhibit 8 [page 27, lines 2-7]; Joint Exhibit 16, Appendix C; Joint Exhibit 17;
Joint Exhibit 23; July 18, 2023 Transcript [page 36, lines 9-10; page 44, lines 6-9].)
5. Page 7, Upon consideration of the entire record, the Town Board rejects the findings found in
the paragraph that begins "Given the record before me..." and, further, finds as follows:
Given the record, the Respondent has not met its burden of proof to have the Charges
dismissed as untimely and the Town has established by a preponderance of the evidence
that the Employee is guilty of Charge I, Specifications 1, 2 and 3.
6. Page 7, Based upon the aforesaid findings of the Town Board, the Board rejects the
recommendation of the Hearing Officer found at the second paragraph after the
Employee's name and hereby adopts the following: "is guilty of Charge I,
Specifications 1, 2 and 3."
7. Page 7, the Town Board rejects the penalty suggested by the Hearing Officer and finds that a
letter of reprimand is not necessary. The Board accepts that no further penalty is required
beyond the aforesaid finding of guilt.
✓Vote Record-Resolution RES-2023-989
❑ Adopted
❑ Adopted as Amended
❑ Defeated Yes/Aye No/Nay Abstain Absent
❑ Tabled Sarah E.Nappa El El El El
❑ Withdrawn Greg Doroski _— El El El El
❑ Supervisor's Appt
Brian O.Mealy ❑ ❑ ❑ ❑
❑ Tax Receiver's Appt —
❑ Rescinded Jill Doherty ❑ ❑ ❑ ❑
❑ Town Clerk's Appt Louisa P.Evans _— El El El El
❑ Supt Hgwys Appt
Scott A.Russell ❑ ❑ ❑ ❑
❑ No Action —
❑ Lost
VI. Public Hearings
1. PH 11/214:30 Pm Amendments to 2020 and 2022 CDBG