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Home My WebLink AboutAG-12/19/2023 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 December 19, 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 December 19, 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 November, 2023 2. Planning Department Report November 2023 II. Public Notices III. Communications IV. Discussion 1. 9:00 AM -Peggy Lauber, Theresa Dilworth and Jennifer Murray from North Fork Audubon North Fork Audubon 2023 Shorebird Monitoring Presentation 2. Michael Collins, Town Engineer with Dan Goodwin, Superintendent of Highways 2024 MS4 SPDES Permit 3. 10:00 AM -David Gallo, President of Georgica Green Ventures with Rona Smith Carroll Avenue Cottages Affordable Housing Proposal 4. 10:30 AM -BESS Task Force Update W/Johnathan Kongoletos and Michael Sande 5. Townwide Cell Coverage Initiative 6. EXECUTIVE SESSION - Potential Acquisition(S), Sale or Lease of Real Property that Would Substantially Affect the Value Thereof 11:30 AM - Lillian McCullough, Land Preservation Executive Assistant 7. EXECUTIVE SESSION - Labor- Matters Involving the Employment of a Particular Person(S) 12:00 PM - Kristie Hansen-Hightower, Town Comptroller 12:15 PM - Michelle Nickonovitz, Deputy Town Comptroller - Board of Trustees Office Personnel - Board of Assessment Review Resumes Received - Historic Preservation Commission Resumes Received Special Presentation Proclamations for Elected Officials Leaving Office V. Resolutions 2023-1023 CATEGORY.• Audit DEPARTMENT. Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated December 19th, 2023. ✓Vote Record-Resolution RES-2023-1023 ❑ Adopted Yes/Aye No/Nay Abstain Absent El 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 2023-1024 CATEGORY.• Set Meeting DEPARTMENT: Town Clerk Set 2024 Organizational&Regular Meeting RESOLVED that the 2024 Organizational Town Board Meeting of the Southold Town Board be held, Tuesday, January 2, 2024 at the Southold Town Hall, 53095 Main Road, Southold, New York at 11:00 A. M. and be it further RESOLVED that the Regular Town Board Meeting of the Southold Town Board be held, Tuesday, January 2, 2024 at the Southold Town Hall, 53095 Main Road, Southold, New York at 4:30 P.M.. ✓Vote Record-Resolution RES-2023-1024 ❑ 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 2023-1025 CATEGORY.• Committee Appointment DEPARTMENT: Town Clerk Re-Appointments to Local Development Corporation Board of Directors RESOLVED that the Town Board of the Town of Southold hereby re-appoints John Schopfer and Jeanne Kelley as Members of the Local Development Corporation Board of Directors for a three (3)year term effective January 1, 2024 through December 31, 2027. ✓Vote Record-Resolution RES-2023-1025 ❑7dopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Sarah E.Nappa ❑ ❑ ❑ ❑ ❑ Defeated _— El El El El❑ Tabled Greg Doroski — ❑ Withdrawn Brian O.Mealy ❑ El El El ❑ Supervisor's Appt Jill Doherty _— El El El El ❑ Tax Receiver's Appt _— Louisa P.Evans ❑ ❑ ❑ ❑ ❑ Rescinded — ❑ Town Clerk's Appt Scott A.Russell ❑ ❑ ❑ ❑ ❑ Supt Hgwys Appt — ❑ No Action ❑ Lost 2023-1026 CATEGORY.• Budget DEPARTMENT: Police Dept 2023 Police Department Budget Modification-Harbes RESOLVED that the Town Board of the Town of Southold hereby modifies the 2023 General Fund Whole Town budget as follows: From: A.2705.40 Gifts & Donations $1,178.98 Total $1,178.98 To: A.3120.1.100.200 Police/ Overtime Earnings $1,178.98 Total $1,178.98 ✓Vote Record-Resolution RES-2023-1026 ❑ 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 2023-1027 CATEGORY.• Employment- Town DEPARTMENT: Accounting Acknowledges the Retirement of Richard Caggiano WHEREAS, the Town of Southold has received notification on December 6, 2023 from the NYS Retirement System concerning the retirement of Richard Caggiano effective January 1, 2024 now therefore be it RESOLVED that the Town Board of the Town of Southold hereby acknowledtes the retirement of Richard Cauiano from the position of Board of Assessors Member for the Assessors Office, effective January 1, 2024. ✓Vote Record-Resolution RES-2023-1027 ❑ 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 2023-1028 CATEGORY.• Employment- FIFD DEPARTMENT: Accounting Rescind Resolution 2023-915 RESOLVED the Town Board of the Town of Southold hereby RESCINDS Resolution 2023-915 which reads as follows: WHEREAS, the Town of Southold has received notification via U.S. Mail on October 24, 2023 from the NYS Retirement System concerning the retirement of James Bunchuck effective December 28, 2023 now therefore be it RESOLVED that the Town Board of the Town of Southold hereby acknowledges the retirement of James Bunchuck from the position of Solid Waste Coordinator for the Solid Waste District, effective December 28, 2023 ✓Vote Record-Resolution RES-2023-1028 ❑ 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 2023-1029 CATEGORY.• Budget Modification DEPARTMENT: Information Technology 2023 Budget Modification-IT Financial Impact: Information Technologies Budget Modification RESOLVED that the Town Board of the Town of Southold hereby modifies the 2023 General Fund Whole Town budget as follows: From: A.1680.4.400.360 Copy Machines $1,500.00 Total $1,500.00 To: A.1680.4.400.558 PC Software Maintenance $1,500.00 Total $1,500.00 ✓Vote Record-Resolution RES-2023-1029 ❑ 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 2023-1030 CATEGORY.• Bond DEPARTMENT: Town Clerk Bond Resolution -Land Acq. FI USCG BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED DECEMBER 19, 2023, AUTHORIZING THE ISSUANCE OF BONDS IN A PRINCIPAL AMOUNT NOT TO EXCEED $2,100,000 TO FINANCE THE ACQUISITION OF A PARCEL OF REAL PROPERTY CURRENTLY OWNED BY THE UNITED STATES COAST GUARD, LOCATED ON FISHERS ISLAND, IN THE TOWN, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $2,100,000 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 $2,100,000 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 parcel of real property currently owned by the United States Coast Guard, located on Fishers Island, in the Town (SCTM4 1000-12-1-4.3). Section 2. The estimated maximum cost of the project described herein, including preliminary costs and costs incidental thereto and the financing thereof, is $2,100,000 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 $2,100,000 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 8 1.00 of the Law. EXHIBIT A (Below is the Notice for Publication and Posting) TOWN OF SOUTHOLD, NEW YORK PLEASE TAKE NOTICE that on December 19, 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 December 19, 2023, authorizing the issuance of bonds in a principal amount not to exceed $2,100,000 to finance the acquisition of a parcel of real property currently owned by the United States Coast Guard, located on Fishers Island, in the Town, stating the estimated maximum cost thereof is $2,100,000 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 $2,100,000 pursuant to the Local Finance Law of the State of New York, to finance the acquisition of a parcel of real property currently owned by the United States Coast Guard, located on Fishers Island, in the Town (SCTM4 1000-12-1-4.3); SECOND: STATING that the estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $2,100,000; 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 $2,100,000 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: December 19, 2023 Denis Noncarrow, Town Clerk ✓Vote Record-Resolution RES-2023-1030 ❑ 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 2023-1031 CATEGORY.• Budget Modification DEPARTMENT: Police Dept 2023 Budget Modification-Police Department Financial Impact: Reallocation of budgetary funds for the purpose of service& winterization of marine vessels RESOLVED that the Town Board of the Town of Southold hereby modifies the 2023 General Fund Whole Town budget as follows: From: A.3130.4.100.300 Bay Constable/ Supplies & Materials / Small Tools $4,097 Total $4,097 To: A.3130.4.400.650 Bay Constable/ CS /Vehicle Maintenance & Repairs $4,097 Total $4,097 ✓Vote Record-Resolution RES-2023-1031 ❑ 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 2023-1032 CATEGORY.• Agreements -Non DEPARTMENT. Trustees 2023 Shellfsh Hatchery Program at Cedar Beach RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Annual Agreement with Cornell Cooperative Extension in connection with the 2023 Southold Town Shellfish Hatchery Program at Cedar Beach, in the amount of$20,000.00 for the term January 1, 2023 through December 31, 2023, all in accordance with the approval of the Town Attorney and funded from budget line A.8830.4.400.100. ✓Vote Record-Resolution RES-2023-1032 ❑ Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Sarah E.Nappa El El El El ❑ Withdrawn Greg Doroski ❑ El El El ❑ Supervisor's Appt Brian O.Mealy ❑ ❑ ❑ ❑ ❑ Tax Receiver's Appt — ❑ Rescinded Jill Doherty ❑ ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans ❑ El El El ❑ Supt Hgwys Appt Scott A.Russell ❑ ❑ ❑ ❑ ❑ No Action — ❑ Lost 2023-1033 CATEGORY.• Contracts, Lease & Agreements DEPARTMENT. Town Attorney Auto-Chlor System of New York Agreement Financial Impact: lease extension RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Southold Town Supervisor to execute a one year extension of Dishwashing Machine Agreement between the Town of Southold and Auto-Chlor System of New York regarding the leasing of an automatic dishwashing machine for the Human Resource Center, at a cost of$ $246.00/month, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2023-1033 ❑ 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 2023-1034 CATEGORY.• Contracts, Lease & Agreements DEPARTMENT: Information Technology Canon Solutions America Inc -Justice Copy Financial Impact: A.1680.4.400.360 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a lease with Canon Solutions America, Inc. for the Justice Court's copier and associated support services at a rate of Two Hundred Twenty Four Dollars and Ninety Six Cents ($224.96)per month for a term of forty eight months (48) subject to the approval by the Town Attorney, funded from budget line A.1680.4.400.360. ✓Vote Record-Resolution RES-2023-1034 ❑ 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 2023-1035 CATEGORY.• Budget Modification DEPARTMENT: Town Attorney 2023 Budget Modification - Town Attorney Financial Impact: transfer funds RESOLVED that the Town Board of the Town of Southold hereby amends the 2023 General Fund Whole Town Budget as follows: From: A.1420.4.500.100 Legal Counsel $ 90,000 Total $ 90,000 To: A.1420.4.500.200 Legal Counsel-Labor Relations $ 85,000 A.1420.4.600.100 Litigation Expenses 5,000 Total $ 90,000 ✓Vote Record-Resolution RES-2023-1035 ❑ 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 2023-1036 CATEGORY.• Budget Modification DEPARTMENT: Police Dept 2023 Budget Modification-Police Department Financial Impact: Reallocation of budgetary funds for the purchase of Equipment to upfit new PD vehicles RESOLVED that the Town Board of the Town of Southold hereby modifies the 2023 General Fund Whole Town budget as follows: From: A.3120.2.500.775 Police/Equip/Other Equip/In Car Video $7,006 Total $7,006 To: A.3120.2.500.800 Police/Equip/Other Equip/Light Bars $4,799 A.3120.2.500.875 Police/Equip/Other Equip/Other Vehicle Equip $2,207 Total $7,006 ✓Vote Record-Resolution RES-2023-1036 ❑ 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 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 2023-1037 CATEGORY.• Attend Seminar DEPARTMENT: Assessors Attend Seminar-Assessors RESOLVED that the Town Board of the Town of Southold hereby grants permission to Assistant to Assessor Claire Glew to attend a Webinar entitled, "Income Redefined: RPTL 467 & RPTL 459-c" on January 19, 2024 all registration costs to be a legal charge to the 2024 Assessors budget. ✓Vote Record-Resolution RES-2023-1037 ❑ 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 2023-1038 CATEGORY.• Employment- FIFD DEPARTMENT: Accounting Approve Resolution Number 2023-181 RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves Resolution Number 2023-181 of the Fishers Island Ferry District adopted December 11, 2023 which reads as follows: WHEREAS the Fishers Island Ferry District Board of Commissioners wishes to show its appreciation to the employees for its exemplary service to the Island in 2023; THEREFORE, it is RESOLVED to issue a one time bonus of$500-to Full Time employees and $250-to the following part time employees: Employee # Bonus Employee# Bonus 14021 $ 500.00 45805 $250.00 15814 $ 250.00 46717 $250.00 16466 $ 250.00 47961 $500.00 24473 $ 500.00 48246 $250.00 38461 $ 500.00 57642 $500.00 31600 $ 250.00 57702 $500.00 32701 $ 500.00 58676 $500.00 34899 $ 500.00 60400 $250.00 37591 $ 250.00 62812 $250.00 37626 $ 500.00 64244 $250.00 37993 $ 250.00 66110 $500.00 38115 $ 500.00 79935 $250.00 39096 $ 500.00 80263 $250.00 39812 $ 250.00 82012 $250.00 40949 $ 250.00 82965 $500.00 40967 $ 500.00 83055 $250.00 41786 $ 500.00 83357 $500.00 44205 $ 500.00 83359 $250.00 45577 $ 250.00 83450 $250.00 ✓Vote Record-Resolution RES-2023-1038 ❑ 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 2023-1039 CATEGORY.• Ratify Fishers Island Reso. DEPARTMENT: Town Clerk FIFD 12/11/23 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 December 11, 2023 meeting, as follows: FIFD Resolution# Regarding 2023-177 Warrant 2023-178 Budget Modification $39,055.00 2023-179 Conservancy Contract 2023-180 Legal - Change Order 2023-182 Property Lease Extension 2023-183 Port Security Grant Dock Lighting ✓Vote Record-Resolution RES-2023-1039 ❑ 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 2023-1040 CATEGORY.• Committee Resignation DEPARTMENT: Town Clerk Resignation Board ofEthics Secretary RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Lynda M Rudder for the position of Board of Ethics secretary, effective immediately. ✓Vote Record-Resolution RES-2023-1040 ❑ 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 2023-1041 CATEGORY.• Authorize to Bid DEPARTMENT: Town Clerk Advertise RFP for CPF Audit Financial Impact: CPF audit CM.1320.4.500.300 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise a Request for Proposals for an annual audit of the Community Preservation Funds for the year 2023-25, in accordance with specifications and/or qualifications, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2023-1041 ❑ 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 2023-1042 CATEGORY.• Agreements -Non DEPARTMENT: Trustees 2024 Court Reporter Agreement 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 Wayne L Galante, Certified Court Reporter, or his agent of Galante Stenographic Services in connection with Court Reporting Services for the Board of Trustees in the amount of$850.00 per meeting for the term January 1, 2024 through December 31, 2024, all in accordance with the approval of the Town Attorney. Funds are available under budget line A.8090.4.500.600. ✓Vote Record-Resolution RES-2023-1042 ❑ 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 El ❑ Supt Hgwys Appt Scott A.Russell ❑ ❑ ❑ ❑ ❑ No Action — ❑ Lost 2023-1043 CATEGORY.• Refund DEPARTMENT: Town Clerk Refund Commercial Contractor Disposal Permit RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund in the amount of$45.00 for 2 Commercial Disposal Permits that were purchased in error to: Brewer Yacht Yard 500 Beach Road Greenport, NY 11944 ✓Vote Record-Resolution RES-2023-1043 ❑ 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 2023-1044 CATEGORY.• Contracts, Lease & Agreements DEPARTMENT: Accounting New York States Municipal Worker's Compensation Alliance Agreement Financial Impact: Worker's Compensation WHEREAS the Town of Southold prepared a request for proposals regarding the Town's Workers Compensation Insurance coverage, and; WHEREAS the Town Comptroller has reviewed each of the submitted proposals and recommends obtaining coverage through the New York States Municipal Worker's Compensation Alliance, and; WHEREAS the Town Board has determined that it is in best interest of the Town to enter into an agreement for such coverage; RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a Member Participation Agreement with the New York State Municipal Workers' Compensation Alliance for the participation period of January 1, 2024 to December 31, 2024. ✓Vote Record-Resolution RES-2023-1044 ❑ Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Sarah E.Nappa ❑ ❑ ❑ ❑ ❑ Defeated ❑ Tabled Greg Doroski ❑ ❑ ❑ ❑ ❑ Withdrawn Brian O.Mealy ❑ El El El ❑ Supervisor's Appt Jill Doherty _— El El El El ❑ Tax Receiver's Appt _— ❑ Rescinded Louisa P.Evans El El El El ❑ Town Clerk's Appt Scott A.Russell __ El El El El ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2023-1045 CATEGORY.• Special Events DEPARTMENT: Town Clerk Southold Town Winter Fest 2024 Financial Impact: Police Cost Analysis 854.60 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Southold Economic Development Committee to hold the Winter Fest on Saturday, February 17, 2024 from 9:00 am to 5:00 pm with a Rain Date of Sunday, February 18th, 2024, on Town property located at 53670 Route 25 and 53720 Route 25, Southold, provided they follow all the conditions in the Town's Policy for Special Events on Town Properties and subject to the Economic Committee working with Town and State departments as needed. . All Town fees for this event are waived. ✓Vote Record-Resolution RES-2023-1045 ❑ 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 2023-1046 CATEGORY.• Agreements -Non DEPARTMENT: Town Attorney Agreement with Cleaves Point Property Owners Association RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to sign the Indemnity Agreement dated December 19, 2023 with Cleaves Point Property Owners Association in connection to the replacement of 110 linear feet of failing bulkhead located at on the east side of Gull Pond Inlet, as depicted by the site plan prepared by Howard W. Young of Young and Young Surveyors Inc, dated August 29, 2022, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2023-1046 ❑ Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Sarah E.Nappa ❑ ❑ ❑ ❑ ❑ Defeated ❑ Tabled Greg Doroski __ El El El El ❑ Withdrawn Brian O.Mealy ❑ ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty ❑ ❑ ❑ ❑ ❑ Tax Receiver's Appt — ❑ Rescinded Louisa P.Evans ❑ ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A.Russell _— El El El El ❑ Supt Hgwys Appt — ❑ No Action ❑ Lost 2023-1047 CATEGORY.• Close/Use Town Roads DEPARTMENT: Town Clerk EMFD 125Th Anniversary Parade Financial Impact: Police Cost Analysis $942.56 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the East Marion Fire Department to hold a 125th Anniversary Parade on August 10, 2024 from 6:00 p.m. to 10:30 p.m., with a setup date of August 9, 2024, starting from Shipyard Lane, East Marion and ending at the East Marion Fire Department, 9245 Main Road, East Marion, provided they adhere to the Town of Southold Policy for Special Events on Town Properties and Roads. All Town fees for this event are waived. ✓Vote Record-Resolution RES-2023-1047 ❑ 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 2023-1048 CATEGORY.• Grants DEPARTMENT: Town Clerk 2024 CDBG Program RESOLVED that the Town Board of the Town of Southold hereby adopts the following 2024 Community Development Block Grant Projects and authorizes and directs Supervisor Scott A. Russell to sign the CDBG Program Description Forms in connection with the 2024 CDBG Program in the amount of$240,000. Project Budget Town Hall ADA Bathroom $ 190,000 Community Action Southold Town CAST 25,000 Maureen's Haven 25,000 ✓Vote Record-Resolution RES-2023-1048 ❑ 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 2023-1049 CATEGORY.• Refund DEPARTMENT: Town Clerk Refund Beach Permits/Disposal Permits RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund to the following individuals for overpayment of parking/disposal permits. Connie J. Corsentino $20.00 online 280 Marina Lane East Marion NY 11939 Joel Reitman $15.00 counter PO Box 528 Peconic, NY 11958 ✓Vote Record-Resolution RES-2023-1049 ❑ 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 2023-1050 CATEGORY.• Employment- Town DEPARTMENT: Accounting Accepts Resignation ofKristie Hansen RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Kristie Hansen from the position of Town Comptroller for the Accounting & Finance Department effective December 31, 2023. ✓Vote Record-Resolution RES-2023-1050 ❑ 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 2023-1051 CATEGORY.• Budget Modification DEPARTMENT: Accounting 2024 Budget Modification -IT Financial Impact: To cover updated mauntentace costs RESOLVED that the Town Board of the Town of Southold hereby modifies the 2024 General Fund Whole Town budget as follows: From: A.1990.4.100.100 Unallocated Contingencies $14,000 To: A.1680.4.400.558 PC Software Maintenance $14,000 ✓Vote Record-Resolution RES-2023-1051 ❑ 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 2023-1052 CATEGORY.• Budget Modification DEPARTMENT: Accounting 2023 Budget Modification - Community Development Financial Impact: Transfer funds to cover excess costs for CBDG Senior Transport Van RESOLVED that the Town Board of the Town of Southold hereby modifies the 2023 General Fund Whole Town and the Community Development Fund budgets as follows: From: A.6772.4.100.130 Small Tools/Equipment $536 Total $536 To: A.9901.9.000.400 Transfer to Community Dev Fund $536 Total $536 Increase Revenues: CD.5031.00 Interfund Transfers $536 Total $536 Increase Expenditures: CD.8660.N.048.019 Senior Transport Van $536 Total $536 ✓Vote Record-Resolution RES-2023-1052 ❑ 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 2023-1053 CATEGORY.• Employment- Town DEPARTMENT: Accounting Appoint Jeremy Eckhardt Construction Equipment Operator RESOLVED that the Town Board of the Town of Southold hereby appoints Jeremy Eckhardt to the position of Construction Equipment Operator for the Solid Waste District effective January 4, 2024, at a rate of $28.7980 per hour, subject to pre-employment DOT testing requirements and background search completion. ✓Vote Record-Resolution RES-2023-1053 ❑ 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 2023-1054 CATEGORY.• Employment- Town DEPARTMENT: Accounting Appoint Parker Bakowski Automotive Equipment Operator RESOLVED that the Town Board of the Town of Southold hereby appoints Parker Bakowski to the position of Automotive Equipment Operator for the Highway Department effective January 2, 2024, at a rate of $27.3687 per hour, subject to pre-employment DOT testing requirements and background search completion. ✓Vote Record-Resolution RES-2023-1054 ❑ 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 2023-1055 CATEGORY.• Employment- Town DEPARTMENT: Accounting Appoint Elizabeth Cantrell to Administrative Assistant RESOLVED that the Town Board of the Town of Southold hereby appoints Elizabeth Cantrell to Administrative Assistant for the Trustees Department, effective November 30, 2023, at a rate of$66,268.77 per annum. ✓Vote Record-Resolution RES-2023-1055 ❑ Adopted Yes/Aye No/Nay Abstain Absent El 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 2023-1056 CATEGORY.• Budget Modification DEPARTMENT: Solid Waste Management District 2023 Budget Modification: SWMD Financial Impact: Covers overdrawn line and provides funds for office flooring replacement. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2023 Solid Waste Management District budget as follows: From: SR 8160.4.100.450 Equipment Parts/Supplies $2,500 To: SR 8160.4.100.800 Maintenance—Facilities/Grounds $2,500 ✓Vote Record-Resolution RES-2023-1056 ❑ 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 2023-1057 CATEGORY.• Agreements -Non DEPARTMENT: Town Attorney Execute the Statement of Engagement with Core BTS, Inc RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Statement of Engagement dated December 3, 2023 with Core BTS, Inc. for the service and installation of cable equipment and cameras at the Cutchogue Landfill Facility, at a total project cost of Twenty Eight Thousand Eight Hundred Sixty Two Dollars and Fifty Cents ($28,862.50), subject to the approval by the Town Attorney, funded from budget line SR.8160.2.500.270 ✓Vote Record-Resolution RES-2023-1057 ❑ 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 2023-1058 CATEGORY.• Budget Modification DEPARTMENT: Highway Department 2023 Budget Modification Highway Financial Impact: HIGHWAY B UDGET 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 $ 32,219.00 DB.5140.4.400.100 Cleanup Week Debris $ 9,500.00 Total $ 41,719.00 To: DB.5110.4.100.925 Lumber $ 100.00 DB.5130.2.500.300 Other Equipment $ 30,000.00 DB.5140.4.100.125 Miscellaneous Supplies $ 2,100.00 DB.5140.4.100.550 Equipment Parts/Supplies $ 19.00 DB.5142.2.400.200 Snow Equipment $ 9,500.00 Total $ 41,719.00 ✓Vote Record-Resolution RES-2023-1058 ❑ Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated Sarah E.Nappa ❑ ❑ ❑ ❑ ❑ Tabled Greg Doroski El 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 2023-1059 CATEGORY.• Agreements -Non DEPARTMENT: Town Attorney Memorandum of Understanding Between the Family Service League RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a Memorandum of Understanding between the Family Service League and Southold Town to provide in-kind services through Senior Services Naturally Occurring Retirement Community Project(NORC), from January 1, 2024 through December 31, 2024 , subject to approval by the Town Attorney. ✓Vote Record-Resolution RES-2023-1059 ❑ 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 2023-1060 CATEGORY.• Budget Modification DEPARTMENT: Accounting 2023 Budget Modification - Capital(Conservation) Financial Impact: Correct prior budget mod and move funds back to General Fund to pay Town portion of old DEC erosion project RESOLVED that the Town Board of the Town of Southold hereby amends the 2023 General Fund Whole Town and Capital Budgets as follows: Decrease Appropriations: H.8997.2.400.400 Wetlands Conservation $73,352 Total $73,352 Increase Appropriations: H.9901.9.000.200 Interfund Transfers, General Fund $73,352 Total $73,352 Increase Appropriations: A.8710.4.400.400 Land Preservation, Misc Contr Exp $73,352 Total $73,352 Increase Revenues: A.5031.00 Interfund Transfers $73,352 Total $73,352 ✓Vote Record-Resolution RES-2023-1060 ❑ 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 2023-1061 CATEGORY.• Budget Modification DEPARTMENT: Accounting 2023 Budget Modification -Risk Retention Financial Impact: Increase budget for insurance settlements over budgeted amount RESOLVED that the Town Board of the Town of Southold hereby amends the 2023 General Fund Whole Town and 2023 Risk Retention Fund budgets as follows: From: A.1990.4.100.100 Unallocated Contingencies $93,000 A.9060.8.000.000 Medical Insurance, NYSHIP 7,500 Total $100,500 To: A.9901.9.000.300 Interfund Transfers, Transfer to Risk Retention $100,500 Total $100,500 Increase Revenues: CS.5031 Interfund Transfers, General Fund $100,500 Total $100,500 Increase Appropriation: CS.1910.4.300.800 Claims $100,500 Total $100,500 ✓Vote Record-Resolution RES-2023-1061 ❑ Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated Sarah E.Nappa ❑ El El El ❑ Tabled Greg Doroski El El El El ❑ Withdrawn T— ❑ Supervisor's Appt Brian O.Mealy ❑ ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty ❑ ❑ ❑ ❑ ❑ Rescinded — ❑ Town Clerk's Appt Louisa P.Evans ❑ El El El ❑ Supt Hgwys Appt Scott A.Russell _— El El El El ❑ No Action T— ❑ Lost 2023-1062 CATEGORY.• Legal DEPARTMENT: Town Clerk 2023 Southold Town Youth Services Agreement Financial Impact: 2023 Southold Youth Services Program RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the 2023 Southold Town Youth Services Agreement with the County of Suffolk, in the amount of$8,911.00, for the term January 1, 2023 through December 31, 2023, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2023-1062 ❑ 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 2023-1063 CATEGORY.• Contracts, Lease & Agreements DEPARTMENT: Town Clerk 2023 State Aid Youth Bureau Agreement Financial Impact: 2023 agreement RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the 2023 State Aid Youth Bureau Agreement with the County of Suffolk, in the amount of $17,464.00, for the term January 1, 2023 through December 31, 2023, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2023-1063 ❑7dopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Sarah E.Nappa ❑ ❑ ❑ ❑ ❑ Defeated _— El El El El❑ Tabled Greg Doroski — ❑ Withdrawn Brian O.Mealy ❑ El El El ❑ Supervisor's Appt Jill Doherty _— El El El El ❑ Tax Receiver's Appt _— Louisa P.Evans ❑ ❑ ❑ ❑ ❑ Rescinded — ❑ Town Clerk's Appt Scott A.Russell ❑ ❑ ❑ ❑ ❑ Supt Hgwys Appt — ❑ No Action ❑ Lost 2023-1064 CATEGORY.• Contracts, Lease & Agreements DEPARTMENT: Town Clerk Lori Hulse Agreement Financial Impact: Trustees Attorney RESOLVED, that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A Russell to execute the Engagement Letter with Lori M Hulse, Esq., dated December 15, 2023, for legal services as described therein, to be provided to the Town Trustees for the period January 1, 2024 through December 31, 2024, at the retainer rate of$2,000.00 per month, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2023-1064 ❑ Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated ❑ 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 2023-1065 CATEGORY.• Agreements -Non DEPARTMENT: Town Attorney Termination Lamb & Barnosky LLP/Retain Keane& Beane RESOLVED, effective January 1, 2024, that the rights and obligations of Lamb & Barnosky, LLP pursuant to retainer agreement presently in effect, will be assigned to and assumed by the law firm of Keane & Beane, P.C.; and be it further RESOLVED, effective December 31, 2023 that Board terminates the retainer agreement with Lamb & Barnosk , LLP. ✓Vote Record-Resolution RES-2023-1065 ❑ 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 2023-1066 CATEGORY.• Employment- Town DEPARTMENT: Accounting Appoint Acting Comptroller RESOLVED that the Town Board of the Town of Southold hereby appoints Michelle Nickonovitz as Acting Town Comptroller effective January 1, 2024 at a salary of$150,000 per year. ✓Vote Record-Resolution RES-2023-1066 ❑ 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 2023-1069 CATEGORY.• Agreements -Non DEPARTMENT: Town Attorney Accept RFP Georgica Green Ventures RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal received from Georgica Green Ventures, c/o David J. Gallo, 50 Jericho Quadrangle, Ste 118, Jericho, NY 11753, for the "For-Sale" affordable housing development on the property located at Carrol Avenue, Peconic, New York, subject to all applicable town code requirements, and all conditions imposed by the Planning Department, Planning Board and Board of Zoning Appeals. Said Resolution is further conditioned on the absence of any further appeals of the town action which approved the land division and re-zoned the parcel in question to Affordable Housing District. ✓Vote Record-Resolution RES-2023-1069 ❑ 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 2023-1070 CATEGORY.• Agreements -Non DEPARTMENT: Town Attorney Sale of Carroll Avenue Property RESOLVED that the Town Board of the Town of Southold hereby consents to the sale of the subject 5.1 acre parcel located on Carrol Avenue and zoned Affordable Housing District to Georgica Green Ventures for the sum of$500,000.00, subject to the approval of a final development plan from the Town of Southold. ✓Vote Record-Resolution RES-2023-1070 ❑ 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 2023-1071 CATEGORY.• Legal DEPARTMENT: Town Attorney Settlement with MKS Realty LLC RESOLVED that the Town Board of the Town of Southold hereby authorizes Town Attorney Paul M DeChance to negotiate the settlement and resolution of the action entitled MKS Realty LLC v Town of Southold Board of Trustees Index 601105/2023. ✓Vote Record-Resolution RES-2023-1071 ❑ 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 2023-1072 CATEGORY.• Enact Local Law DEPARTMENT. Town Clerk Enact LL Chapter 215 Sewers & Sewage Disposal Fees WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 5th day of December, 2023, a Local Law entitled "A Local Law in relation to Chapter 215 Sewers and Sewage Disposal, 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 Chapter 215 Sewers and Sewage Disposal"reads as follows: LOCAL LAW NO. 2023 A Local Law entitled, "A Local Law in relation to Chapter 215 Sewers and Sewage Disposal". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The purpose of this local law is to update fees in Chapter 215. II. Chapter 215 of the Code of the Town of Southold is hereby amended as follows: Chapter 215 Sewers and Sewage Disposal Part 2 Sewer Rents and Charges Article II Sewer Rents and Charges § 215 - 15 Rents; penalty for late payment. A. In addition to any and all other fees and charges provided by law, the owner of a parcel of land served by the sanitary sewer system of the FISD shall pay an annual sewer rent for the use of such sanitary sewer system, which shall be based upon an annual charge of$450 $900 for each separate dwelling unit served by the system. Such annual sewer rents shall be paid in semiannual installments of$2-2-5 $450 on the first day of January and June of each year. B. If such sewer rents are not paid within 30 days of the due date, a penalty of 5% shall be paid. 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-2023-1072 ❑ 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 2023-1073 CATEGORY.• Enact Local Law DEPARTMENT. Town Clerk Enact Chapter 148 Flood Damage Protection WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 5th day of December, 2023, a Local Law entitled "A Local Law in Relation to Amendments to Chapter 148 for Flood Damage Prevention as authorized by the New York State Constitution,Article IX, Section 2, and Environmental Conservation Law, Article 36", 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 Amendments to Chapter 148 for Flood Damage Prevention as authorized by the New York State Constitution,Article IX, Section 2, and Environmental Conservation Law,Article 36"reads as follows: LOCAL LAW NO. 2023 A Local Law entitled, "A Local Law in Relation to Amendments to Chapter 148 for Flood Damage Prevention as authorized by the New York State Constitution,Article IX, Section 2, and Environmental Conservation Law, Article 36" BE IT ENACTED by the Town Board of the Town of Southold as follows: L Purpose - The purpose of this local law is to update Chapter 148. IL Chapter 148 of the Code of the Town of Southold is hereby amended to include the underlined words and remove the struck through words as follows: § 148-4 Definitions. A. Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meanings they have in common usage and to give this chapter its most reasonable application. B. As used in this chapter, the following terms shall have the meanings indicated: ACCESSORY STRUCTURE A structure used solely for parking (two-car detached 2ara2es or smaller) or limited storage, represent a minimal investment of not more than 10-percent of the value of the primary structure, and may not be used for human habitation. COASTAL A ZONE Area within a SFHA, landward of a V1-V30, VE, or V zone or landward of an open coast without mapped coastal high hazard areas. In a coastal A zone, the principal source of flood must be astronomical tides, storm sures, seiches or tsunamis, not riverine flooding. During the base flood conditions, the potential for breaking wave height shall be treater than or equal to 1 1/z feet(457 mm). The inland limit of coastal A zone is (a) the Limit of Moderate Wave Action if delineated on a FIRM, or (b) designated by the authority having jurisdiction LIMIT OF MODERATE WAVE ACTION (LiMWA) Line shown on FIRMs to indicate the inland limit of the 1 1/z foot(457 mm)breaking wave height during the base flood. REGULATORY FLOODWAY The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height as determined by the Federal Emergency Management Agency in a Flood Insurance Study or by other agencies as provided in §14 8 12§148-14B of this chapter. VIOLATION Means the failure of a structure or other development to be fully compliant with the community's flood plain management regulations. § 148-9 Penalties for offenses. No structure in an area of special flood hazard shall hereafter be constructed, located, extended, converted or altered and no land shall be excavated or filled without full compliance with the terms of this chapter and any other applicable regulations. Any infraction of the provisions of this chapter by failure to comply with any of its requirements, including infractions of conditions and safeguards established in connection with conditions of the permit, shall constitute a violation. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined no more than $250 or imprisoned for not more than 15 days, or both. Each day of noncompliance shall be considered a separate offense. Nothing herein contained shall prevent the Town of Southold from taking such other lawful action as necessary to prevent or remedy an infraction. Any structure found not compliant with the requirements of this chapter for which the developer and/or owner has not applied for and received an approved variance under §14 8 22d §148-23 will be declared noncompliant, and notification will be sent to the Federal Emergency Management Agency. § 148-14 Duties and responsibilities of local administrator. Duties of the local administrator shall include but not be limited to the following: A. Permit application review. The local administrator shall conduct the following permit application review before issuing a floodplain development permit. The local administrator shall: (2) Review subdivision and other proposed new development, including manufactured home parks, to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is located in an area of special flood hazard, all new construction and substantial improvements shall meet the applicable standards of§148-15 through X48-21 §148-22, construction standards, and, in particular, §148-1513, Subdivision proposals. (3) Determine whether any proposed development in an area of special flood hazard may result in physical damage to any other property (e.g., stream bank erosion and increased flood velocities). The local administrator may require the applicant to submit additional technical analyses and data necessary to complete the determination. If the proposed development may result in physical damage to any other property or fails to meet the requirements of§148-15 through X48-21 §148- 22, construction standards, no permit shall be issued. The applicant may revise the application to include measures that mitigate or eliminate the adverse effects and resubmit the application. B. Use of other flood data. (1) When the Federal Emergency Management Agency has designated areas of special flood hazard on the community's Flood Insurance Rate Map (FIRM) but has neither produced water surface elevation data(These areas are designated Zone A or V on the FIRM.) nor identified a floodway, the local administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, including data developed pursuant to § ,^s 8 13G §148-13H, as criteria for requiring that new construction, substantial improvements or other proposed development meet the requirements of this chapter. H. Information to be retained. The local administrator shall retain and make available for inspection copies of the following: (5) Variances issued pursuant to § 14 4 22 and 14 8 23 148-23 and 148-24, variance procedures; and,. Base flood elevations developed pursuant to sub-section 148-13G and supporting technical analysis. § 148-15 General standards. The following standards apply to new development, including new and substantially improved structures, in the areas of special flood hazard shown on the Flood Insurance Rate Map designated in §148-6. B. Subdivision And Development proposals. The following standards apply to all new subdivision proposals and other proposed development in areas of special flood hazard (including proposals for manufactured home and recreational vehicle parks and subdivisions): (4) Proposed development shall not result in physical damage to any other property (e.2., stream bank erosion or increased flood velocities). If requested by the Local Administrator, the applicant shall provide a technical analysis, by a licensed professional engineer, demonstrating that this condition has been met. (5) Proposed development shall be designed,located, and constructed so as to offer the minimum resistance to the flow of water and shall be designed to have a minimum effect upon the height of flood water. (6) Any equipment or materials located in a special flood hazard area shall be elevated, anchored, and floodproofed as necessary to prevent flotation, flood damage, and the release of hazardous substances. (7) No alteration or relocation of a watercourse shall be permitted unless: a. a technical evaluation by a licensed professional engineer demonstrates that the altered or relocated segment will provide conveyance equal to or treater than that of the original stream segment and will not result in physical damage to any other property; b. if warranted, a conditional revision of the Flood Insurance Rate Map is obtained from the Federal Emergency Management Agency,with the applicant providing the necessary data, analyses, and mapping and reimbursing the Town of Southold for all fees and other costs in relation to the application; and C. the applicant provides assurance that maintenance will be provided so that the flood carrying capacity of the altered or relocated portion of the watercourse will not be diminished. C. Encroachments. (3) In a Special Flood Hazard Area (SFHA),if any development is found to increase or decrease base flood elevations, the Town of Southold shall as soon as practicable,but not later than six months after the date such information becomes available, notify FEMA and the New York State Department of Environmental Conservation of the changes by submitting technical or scientific data in accordance with standard en2ineerin2 practice. § 148-16 Standards for all structures. B. Construction materials and methods. (3) For enclosed areas below the lowest floor of a structure within Zones Al-A30, AE or AH, and also in Zone A if base flood elevation data are available, new and substantially improved structures shall have fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a licensed professional engineer or architect or meet or exceed the following minimum criteria: (c) openings not less than three inches in any direction. (E)(d) Openings may be equipped with louvers, valves, screens or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters. Enclosed areas subgrade on all sides are considered basements and are not permitted. C. Utilities. (1) New and replacement electrical equipment, heating, ventilating, air conditioning, plumbing connections and other service equipment shall be located at least two feet above the base flood elevation, or above the base flood level or designed to prevent water from entering or accumulating within the components during a flood and to resist hydrostatic and hydrodynamic loads and stresses. Electrical wiring and outlets, switches, iunction boxes and panels shall be elevated or designed to prevent water from entering and accumulating within the components unless they conform to the appropriate provisions of the electrical part of the Building Code of New York State or the Residential Code of New York State for location of such items in wet locations. This includes heating, ventilating and air-conditioning equipment, hot water heaters, appliances, elevator lift machinery and electrical junction and circuit breaker boxes. When located below the base flood elevation, a professional engineer's or architect's certification of the design is required. D. Storage Tanks (1) Underground tanks shall be anchored to prevent flotation, collapse and lateral movement during conditions of the base flood. (2) Above-ground tanks shall be: a. anchored to prevent floatation, collapse or lateral movement during conditions of the base flood or; b. installed at or above the base flood elevation as shown on the Flood Insurance Rate Map enumerated in §148-6 plus two feet. § 148-17 Elevation of residential structures (except coastal high-hazard areas). The following standards, in addition to the standards in § 148-1513, Subdivision proposals, and § 148-15C, Encroachments, and § 148-16, Standards for all structures, apply to new and substantially improved residential structures located in areas of special flood hazard as indicated: A. Within Zones Al-A30, AE and AH, and also in Zone A if base flood elevation data are available, new construction and substantial improvements shall have the lowest floor (including basement) elevated to or above the two feet above the base flood elevation. Within Zones AH adequate drainage paths are required to guide flood waters around and away from proposed structures on slopes. B. Within Zone A, when no base flood elevation data are available, fie and substantially :,,,pfeve stndettifes shall have the lowest floof (ifteluding basement) elevated at least thfee feet above the highest ,,,a:,eent ga base flood elevation shall be determined by either: (1) Obtain and reasonably use data available from a federal, state, or other source plus two feet of freeboard, or, (2) Determine the base flood elevation in accordance with accepted hydrologic and hydraulic en2ineerin2 practice, plus two feet of freeboard. Determinations shall be undertaken by a registered design professional who shall document that the technical methods used reflect currently accepted en2ineerin2 practice. Studies, analyses, and computations shall be submitted in sufficient detail to allow thorough review and approval C. Within Zone AO, new construction and substantially improved structures shall have the lowest floor(including basement) elevated above the highest adjacent grade at least as high as two feet above the depth number specified in feet on the community's Flood Insurance Rate Map enumerated in §148-6 (at least two foot iffiedepth ,,,,,, bet i speeifi-ed). plus one foot of freeboard. In areas designated as Zone AO where a depth number is not specified on the map, the depth number shall be taken as being equal to 2 feet. Within AO, adequate drainage paths are required to guide flood waters around and away from proposed structures on slopes. D. Within Zones AH and AO, adequate drainage paths are required to guide floodwaters around and away from proposed structures on slopes. § 148-18 Residential structures (coastal high-hazard areas). The following standards, in addition to the standards in §148-15A, Coastal high-hazard areas, and §148-1513, Subdivision and Development proposals, and §148-16, Standards for all structures, apply to new and substantially improved residential structures located in areas of special flood hazard shown as Zone Vl-V30, VE or V on the community's Flood Insurance Rate Map designated in § 148-6: N. Breakaway wall design standards. (2) Use of breakaway wall strengths in excess of 20 pounds per square foot shall not be permitted unless a registered professional engineer or architect has developed or reviewed the structural design and specifications for the building foundation and breakaway wall components and certifies LLthat breakaway walls will fail under water loads less than those that would occur during the base floods and that the elevated portion of the building and supporting foundation system will not be subject to collapse, displacement or other structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and nonstructural). Water loading values used shall be those associated with the base flood. Wind loading values shall be those required by the building code. § 148-19 Nonresidential structures (except coastal high-hazard areas). The following standards apply to new and substantially improved commercial, industrial and other nonresidential structures located in areas of special flood hazard, in addition to the requirements in § 148-1513, Subdivision and Development proposals, and § 148-15C, Encroachments, and § 148-16, Standards for all structures. B. Within Zone AO, new construction and substantial improvements of nonresidential structures shall: (2) Together with attendant utility and sanitary facilities, be completely floodproofed to that level to meet the floodproofing standard specified in § ,^� 148- 19A(2). 48- 19A 2 . C. If the structure is to be floodproofed, a licensed professional engineer or architect shall develop and/or review structural design, specifications and plans for construction. A floodproofing certificate or other certification shall be provided to the local administrator that certifies that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of§148-19A(2), including the specific elevation (in relation to mean sea level) to which the structure is to be floodproofed. § 148-21 Manufactured homes and recreational vehicles. The following standards, in addition to the standards in § 148-15, General standards, and § 148-16, Standards for all structures, apply in areas of special flood hazard to manufactured homes and to recreational vehicles which are located in areas of special flood hazard. A. Recreational vehicles. (1) Recreational vehicles placed on sites within Zones Al-A30, AE, AH, V1 - V30, V and VE shall either: (c) Meet the requirements for manufactured homes in Subsections B, C D and E. B. Within Zones Al-A30, AE,AH, the bottom of the frame of the manufactured home shall be elevated to meet the requirements of Section 148-17A. Elevation on piers consisting of dry stacked blocks is prohibited. A manufactured home that is placed or substantially improved in Zones Al-A30, AE, AH, V1-V30, V or VE that is on a site either outside of an existing manufactured home park or subdivision, as herein defined; in a new manufactured home park or subdivision, as herein defined; in an expansion to an existing manufactured home park or subdivision, as herein defined; or in an existing manufactured home park or subdivision, as herein defined, on which a manufactured home has incurred substantial damage as the result of a flood shall, within Zones Al-A30, AE and AH, be elevated on a permanent foundation such that the lowest floor is elevated to or above two feet above the base flood elevation and is securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement or, within Zones Vl-V30, V and VE, be elevated on a pile foundation such that the bottom of the lowest structural member of the lowest floor(excluding pilings and columns) is elevated to or above two feet above the base flood elevation and securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. Elevation on piers consisting of dry stacked blocks is prohibited. Methods of anchoring may include but are not limited to use of over-the-top or frame ties to ground anchors. C. Within Zone A, the bottom of the frame of the manufactured home shall be elevated to meet the requirements of Section 148-17B. Elevation on piers consisting of dry stacked blocks is prohibited. A manufactured home to be placed or substantially improved in Zone Al-A30, AE, AH, Vl-V30 or VE in an existing manufactured home park or subdivision that is not to be placed on a site on which a manufactured home has incurred substantial damage shall be elevated in a manner such as required in Subsection B. D. Within Zone AO, the bottom of the frame of the manufactured home shall be elevated to meet the requirements of Section 148-17C. Elevation on piers consisting of dry stacked blocks is prohibited. WithinnZone A of NI,=when fie base flood elevation- data afe available, fiew and substantially impfeved manufaettifed hemes shall be elevated fetmdatieft elements of at least equivalent st-fength that afe fie less than 36 iftehes ift height above the lowest adjaeent gfade and afe seetifely anehefed to an adequately E. Within V or VE, manufactured homes must meet the requirements of 148-18.Withifr Zone AO, the floof shall be elevated above the highest adjaeent gfade at least as high as the depth fitimbef speeified oft the Flood insufanee Rate Map entitnefated ift §148 6 "t least two feet if fie de. �-speeified). Elevation oft. ing of dfy F. The foundation and anchorage of manufactured homes to be located in identified floodways shall be designed and constructed in accordance with ASCE 24. §148-22 ACCESSORY STRUCTURES INCLUDING DETACHED GARAGES The following standards apply to new and substantially improved accessory structures, including detached 2arnes, in the areas of special flood hazard shown on the Flood Insurance Rate Map designated in X148-6. A. The accessory structure must meet the definition of structure, for floodplain management purposes, provided in 44 CFR� 59.1,where walled and roofed shall be interpreted as having two outside rigid walls and a fully secured roof. B. The accessory structure should be small, as defined by the community and approved by FEMA, and represent a minimal investment. Accessory structures of any size may be considered for a variance; however, FEMA considers accessory structures that meet the following criteria to be small and therefore not necessarily in need of a variance, if the community chooses to allow it: (1) Located in an A Zone(A,AE, Al-A30, AR, A99) and less than or equal to the size of a one-story, two-car 2ara2e. (2) Located in a V Zone(V, VE, VIN30) and less than or equal to 100 square feet. C. Accessory structures must meet the standards of X148-16A, ANCHORING, D. The portions of the accessory structure located below BFE plus two feet of freeboard must be constructed with flood-resistant materials. E. Mechanical and utility equipment for the accessory structure must be elevated or dry floodproofed to or above BFE plus two feet of freeboard. F. Within Zones AO and Zone A,if base flood elevation data are not available, areas below three feet above the highest adiacent trade shall be constructed using methods and practices that minimize flood damage. G. The accessory structure must comply with the floodway encroachment provisions of the NFIP. H. The accessory structure must be wet floodproofed to protect the structure from hydrostatic pressure. The design must meet the NFIP design and performance standards for openings per 44 CFR � 60.3(c)(5) and must allow for the automatic entry and exit of floodwaters without manual operation or the presence of a person (or persons). L Within Zones V1-V30, VE, and V, unelevated accessory buildings must be unfinished inside, constructed with flood-resistant materials, and used only for storage. When an accessory building is placed in these zones, the design professional must determine the effect that debris from the accessory building will have on nearby buildings. If the accessory building is lame enough that its failure could create damning debris or divert flood flows, it must be elevated above the base flood elevation plus two feet. 148 22 §148-23 Zoning Board of Appeals. E. Upon consideration of the factors of Subsection D 148-23 and the purposes of this chapter, the Zoning Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. § X48-23 148-24 Conditions for variances. A. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that§ '� 48 22D §148-23(D) has been fully considered. As the lot size increases beyond 1/2 acre, the technical justification required for issuing the variance increases. G. Any applicant to whom a variance is granted for a building with the lowest floor below the base flood elevation shall be given written notice over the signature of a community official that the cost of flood insurance will be commensurate with the increased risk resulting from the lowest floor elevation. (1) the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and (2) such construction below the base flood level increases risks to life and property. Such notification shall be maintained with the record of all variance actions as required in X148-14H 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-2023-1073 ❑ 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 VI. Public Hearings 1. PH 12/19 4:30 Pm -LL Chapter 215 Sewers & Sewage Disposal Fees 2. PH 12/19 4:30 Pm Chapter 148 Flood Damage Protection