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Home My WebLink AboutTB-01/31/2023 DENIS NONCARROW pSOFFOI Town Hall, 53095 Main Road TOWN CLERK A�p� ory PO Box 1179 ti Southold,NY 11971 REGISTRAR OF VITAL STATISTICS p r Fax(631)765-6145 MARRIAGE OFFICER �'�'4� yaQ� Telephone: 631-765-1800 RECORDS MANAGEMENT OFFICER southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD SOUTHOLD TOWN BOARD REGULAR MEETING January 31, 2023 4:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, January 31, 2023 at the Meeting Hall, Southold, NY. Call to Order 4:30 PM Meeting called to order on January 31, 2023 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Organization Title Status Arrived Sarah E. Nappa Town of Southold Councilwoman Remote Greg Doroski Town of Southold Councilman Present Brian O. Mealy Town of Southold Councilman Present Jill Doherty Town of Southold Councilwoman Present Louisa P. Evans Town of Southold Justice Present Scott A. Russell Town of Southold Supervisor Present I. Reports II. Public Notices 1. NYS Liquor Licence 2. NYS Liquor License Application III. Communications IV. Discussion 1. 9:00 AM -Jennifer DelVaglio, Economic Development Committee 2. 9:15 AM -Jim Bunchuck, Solid Waste Coordinator Page I January 31, 2023 Southold Town Board Board Meeting 3. 9:30 AM - Councilwoman Nappa and Tim Abrams, Building Maintenance Supervisor 4. 9:45 AM - Tim Abrams, Building Maintenance Supervisor 5. 10:00 AM -Kristie Hansen-Hightower 6. Amendments to Chapter 275 "Wetlands and Shoreline" and Chapter 96-7 & 96-15 "Boats, Docks and Wharves" 7. Discussion of Battery Energy Storage Systems (BESS) Moratorium 8. Application for Appeal to the Coastal Erosion Hazard Board of Review 9. Request for Written Comments on Proposed Lease Renewals for the Suffolk County Shellfish Aquaculture Lease Program in Peconic Bay and Gardiners Bay 10. Supervisor Russell 11. Supervisor Russell 12. Paul DeChance, Town Attorney 13. Paul DeChance, Town Attorney 14. Paul DeChance, Town Attorney 15. EXECUTIVE SESSION- Potential Acquisition(S), Sale or Lease of Real Property Where Publicity Would Substantially Affect the Value Thereof 16. EXECUTIVE SESSION- Labor- Matters Involving the Contract with a Particular Person 17. EXECUTIVE SESSION- Labor- Matters Involving the Employment/Appointment of a Particular Person(S) 18. EXECUTIVE SESSION- Litigation V. Resolutions 2023-135 CATEGORY.• Audit DEPARTMENT. Town Clerk Approve Audit Page 2 January 31, 2023 Southold Town Board Board Meeting RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated Januairy 31st 2023. ✓Vote Record-Resolution RES-2023-135 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Sarah E.Nappa Voter Q ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt Greg Doroski Seconder Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Brian O.Mealy Voter Q ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Mover Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2023-136 CATEGORY.• Set Meeting DEPARTMENT. Town Clerk Set Next Town Board Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, February 14th, 2023 at the Southold Town Hall, Southold, New York at 7:00 P. M.. ✓Vote Record-Resolution RES-2023-136 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain _ Absent ❑ Tabled Sarah E.Nappa Voter Q ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt Greg Doroski Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Brian O.Mealy Seconder Q ❑ ❑ ❑ El Rescinded Jill Doherty Voter Q El El El ❑ Town Clerk's Appt Louisa P.Evans Mover Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2023-137 CATEGORY.• Organizational Page 3 January 31, 2023 Southold Town Board Board Meeting DEPARTMENT: Supervisor Deputy Supervisor SUPERVISOR'S APPOINTMENT Supervisor Scott A. Russell hereby appoints Kevin Foote as Deputy Supervisor of the Town of Southold effective immediately through December 31, 2023, subject to approval by the Town Attorney. ✓Vote Record-Resolution RES-2023-137 ❑ Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Sarah E.Nappa ❑ ❑ ❑ ❑ ❑ Withdrawn Greg Doroski ❑ ❑ ❑ ❑ Rl Supervisor's Appt Brian O.Mealy ❑ ❑ ❑ ❑ ❑ Tax Receiver's Appt ❑ Rescinded Jill Doherty ❑ ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans ❑ ❑ ❑ ❑ ❑ Supt Hgwys Appt _- Scott A.Russell ❑ ❑ ❑ ❑ ❑ No Action ❑ Lost 2023-86 Tabled 11312023 4:30 PM, 1/1712023 7:00 PM CATEGORY.• Budget Modification DEPARTMENT: Accounting 2023 Budget Modification - Capital(DPW/HRC) Financial Impact: Appropriate ARPA funds for HRC Building Improvements WHEREAS the Town Board of the Town of Southold wishes to appropriate ARPA funding received for HRC Building Improvements, and WHEREAS the Town's Capital Budget process requires a resolution to authorize and/or amend Capital Budget items in the Capital Fund, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby establishes the following capital project and modifies the Capital budget as follows: Capital Project Name: HRC Building Improvements Financing Method: Federal ARPA Funding Page 4 January 31, 2023 Southold Town Board Board Meeting Budget: Increase Revenues: H.4089.00 ARPA Funding $180,000 Total $180,000 Increase Appropriations: H.1620.2.500.225 HRC Building Improvements $180,000 Total $180,000 ✓Vote Record-Resolution RES-2023-86 ❑ Adopted ❑ Adopted as Amended ❑ Defeated Rl Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn Sarah E.Nappa Seconder Q ❑ ❑ ❑ ❑ Supervisor's Appt Greg DoroAi Mover Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Brian O.Mealy Voter Q ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 10 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter 10 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 10 ❑ ❑ ❑ ❑ No Action ❑ Lost Next:2/14/23 7:00 PM 2023-100 Tabled 1/1712023 7:00 PM CATEGORY.• Contracts, Lease&Agreements DEPARTMENT. Town Clerk WITHDRAWN- Trustees Legal Counsel/2023 Financial Impact: A.8090.4.500,200 RESOLVED that the Town Board of the Town of Southold hereby withdraws resolution 2023- 100, tabled at the January 17, 2023 regular Town Board meeting,which read as follows, in its entirety: RESOLVED that the Town Board of the Town of Southold hereby engages the professional services of Lori Hulse, Esquire, to provide legal counsel to the Southold Town Board of Trustees and authorizes the Supervisor to sign a 2023 Retainer Agreement for January 1, 2023 through December 31, 2023. Compensation shall be at a municipal rate of$1,000.00 per month. Additional expenses subject to reimbursement shall include, but are not limited to the use of approved outside experts. Invoices submitted on a monthly basis under the terms of this retainer agreement shall be a legal charge to budget line A.8090.4.500.200. Page 5 January 31, 2023 Southold Town Board Board Meeting ✓Vote Record-Resolution RES-2023-100 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Sarah E.Nappa Voter Q ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt Greg Doroski Mover Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Brian O.Mealy Voter Q ❑ ❑ ❑ ❑ Rescinded Jill Doherty Seconder, Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2023-103 Tabled 1/1712023 7:00 PM CATEGORY.• Agreements -Non DEPARTMENT. Town Clerk WITHDRAW Agreement Town of Southold and SC Board of Elections RESOLVED that the Town Board of the Town of Southold hereby withdraws resolution 2023- 103 that was tabled at the January 17, 2023 regular Town Board meeting which read as follows, in its entirety: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Agreement between the Town of Southold and Suffolk County Board of Elections in connection with leasing the Southold Town Senior Center for Primary and General Elections for 2023 and 2024, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2023-103 ❑ Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ....... ..... .... .... .... .. .... Sarah E.Nappa Mover Q ❑ ❑ ❑ Q Withdrawn ❑ Supervisor's Appt Greg Doroski Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Brian O.Mealy Seconder Q ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost Page 6 January 31, 2023 Southold Town Board Board Meeting 2023-138 CATEGORY.• Close/Use Town Roads DEPARTMENT: Town Clerk Southold Athletic Assoc. 5K Financial Impact: Police Department Cost for Event = $1103.65 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Southold School District to use certain roads for a 5K race in Southold, New York on March 18, 2023, start time 9:00 AM, set up at 7:00am, route for the 5K: beginning at the Elementary School parking lot onto Oaklawn Avenue to Route 25, east to Youngs Avenue, to Calves Neck Road, to Harper Road, Hill Road, Wells Road, back to Oaklawn Avenue, to Pine Neck Road to Main Bayview Road to Main Road, Jockey Creek Drive back onto the Southold School property, provided applicant meets all of the requirements as listed in the Town Policy on Special Events and Use of Recreation Areas and Town Roads. Fees for this event have been waived with the exception of the Clean-up deposit. ✓Vote Record-Resolution RES-2023-138 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled 0 El El El Withdrawn Sarah E.Nappa Voter ❑ Supervisor's Appt Greg Doroski Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Brian O.Mealy Mover 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2023-139 CATEGORY: Budget Modification DEPARTMENT: Accounting 2023 Budget Modification-Park&Playground(Klipp Park) Financial Impact: Transfer Park&Playground fisnds to cover repairs to the Klipp Park bulkhead RESOLVED that the Town Board of the Town of Southold hereby modifies the 2023 General Fund Whole Town and the Park&Recreation Fund budgets as follows: Page 7 January 31, 2023 Southold Town Board Board Meeting Increase Expenditures: A.1620.4.400.200 DPW, Property Maint/Repairs $7,700 Total $7,700 Increase Revenues: A.5031.00 Interfund Transfers $7,700 Total $7,700 Increase Expenditures: CR.9901.9.000.400 Transfer to General Fund $7,700 Total $7,700 Increase Revenues: CR.5990.00 Appropriated Fund Balance $7,700 Total $7,700 ✓Vote Record-Resolution RES-2023-139 RI Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain .absent ❑ Tabled ❑ Withdrawn Sarah E.Nappa Voter 10 ❑ ❑ ❑ ❑ Supervisor's Appt Greg Doroski Voter 10 ❑ ❑ ❑ ❑ Tax Receiver's Appt Brian O.Mealy Voter 10 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 10 ❑ ❑ ❑ ❑ No Action ❑ Lost 2023-140 CATEGORY.• Authorize to Bid DEPARTMENT. Town Clerk RFP Beach Dependent Species Management WHEREAS no Requests for proposal for the Beach Dependant Species Management Plan were received, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerks office to re-advertise for Request for Proposals for the Beach Dependant Species Management Plan. ✓Vote Record-Resolution RES-2023-140 0 Adopted Yes/Aye No/Nay Abstain Absent [I Adopted as Amended ❑ Defeated Sarah E.Nappa Voter Q ❑ ❑ ❑ Page 8 January 31, 2023 Southold Town Board Board Meeting ❑ Tabled Greg Doroski Seconder Q ❑ ❑ ❑ ❑ Withdrawn Brian O.Mealy Voter 10 ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty Voter 10 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P.Evans Mover 10 ❑ ❑ ❑ ❑ Rescinded Scott A.Russell Voter 10 ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2023-141 CATEGORY.• Bond DEPARTMENT. Town Clerk Accept Performance Bond for the Standard Subdivision North Fork Estates Aka Baxter RESOLVED that the Town Board of the Town of Southold hereby accepts the Performance Bond in the amount of S250,000.00 for the Standard Subdivision North Fork Estates, aka Baxter, SCTM#1000-102-5-9.7, 9.8, 9.9, 9.10, as recommended by the Southold Town Planning Board, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2023-141 Z Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled El Withdrawn Sarah E.Nappa Voter 0 El El El ❑ Supervisor's Appt Greg Doroski Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Brian O.Mealy Seconder 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2023-142 CATEGORY.° Employment- Town DEPARTMENT. Accounting Appoint Diana C Franke Full Time Account Clerk RESOLVED that the Town Board of the Town of Southold hereby appoints Diana C. Franke Page 9 January 31, 2023 Southold Town Board Board Meeting to the position of a full-time Account Clerk for the Town Clerk's Office effective February 1, 2023, at a rate of$56,577.37 per year. ✓Vote Record-Resolution RES-2023-142 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Sarah E.Nappa Mover Q ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt Greg Doroski Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Brian O.Mealy Seconder Q ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2023-143 CATEGORY.° Refund DEPARTMENT. Human Resource Center Refund for Katinka House Fees RESOLVED the Town Board of the Town of Southold hereby authorizes a refund, as recommended by Jacqueline Martinez, Senior Citizens Program Director, of$660.00 to Donald and Roasleen Wolfrom for payment of Senior Adult Day Care fees at Katinka House for January 2023. ✓Vote Record-Resolution RES-2023-143 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain _ absent ❑ Tabled ....... ..... .... .... .... .. .... Sarah E.Nappa Voter Q ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt Greg Doroski Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Brian O.Mealy Mover Q ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2023-144 Page 10 January 31, 2023 Southold Town Board Board Meeting CATEGORY. Employment- Town DEPARTMENT. Accounting Appoint Lillian F. McCullough Full Time Executive Assistant RESOLVED that the Town Board of the Town of Southold hereby appoints Lillian F. McCullough to the position of a full-time Executive Assistant for the Land Preservation Department effective February 28, 2023, at a rate of$110,000.00 per year. ✓Vote Record-Resolution RES-2023-144 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Sarah E.Nappa Voter Q ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt Greg Doroski Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Brian O.Mealy Seconder Q ❑ ❑ ❑ ❑ Rescinded Jill Doherty Mover Rl ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter Rl ❑ ❑ ❑ ❑ No Action ❑ Lost 2023-145 CATEGORY.• Fmla DEPARTMENT. Accounting Grant FMLA Leave to a Town Employee RESOLVED that the Town Board of the Town of Southold hereby grants a leave of absence for Lip to 12 weeks to Employee #9505 effective January 19, 2023 pursuant to the Family Medical Leave Act. ✓Vote Record-Resolution RES-2023-145 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Sarah E.Nappa Voter Q ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt Greg Doroski Seconder Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Brian O.Mealy Voter Q ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Mover Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost Page 11 January 31, 2023 Southold Town Board Board Meeting 2023-146 CATEGORY.° Employment- Town DEPARTMENT. Accounting Appoint Karen McLaughlin PT Government Liaison Officer RESOLVED that the Town Board of the Town of Southold hereby appoints Karen McLauehlin to the position of Part Time Government Liaison Officer for the Supervisor's Office effective February 8, 2023, at a rate of$48.00 per hour. ✓Vote Record-Resolution RES-2023-146 Q Adopted ❑ Adopted as Amended ❑ Defeated. Yes/Aye No/Nay Abstain Absent ❑ Tabled El Withdrawn Sarah E.Nappa Voter 10 El El ❑ Supervisor's Appt Greg Doroski Mover 10 ❑ ❑ ❑ ❑ Tax Receiver's Appt Brian O.Mealy Seconder 10 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 10 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter Z ❑ ❑ ❑ ❑ No Action ❑ Lost 2023-147 CATEGORY.• Authorize to Bid DEPARTMENT. Town Clerk Rescind Resolution#2023-132 Lubricant Bid RESOLVED that the Town Board of the Town of Southold hereby rescinds in its entirety, resolution#2023-132, adopted at the January 17, 2023 regular Town Board meeting, which read as follows: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for supplying Automotive and Equipment Lubricants and Fluids for a period of one (1) year from the acceptance of the bid. ✓Vote Record-Resolution RES-2023-147 0 Adopted Yes/Aye No/Nay Abstain Absent [I Adopted as Amended El Defeated Sarah E.Nappa Mover 10 El El El Page 12 January 31, 2023 Southold Town Board Board Meeting ❑ Tabled Greg Doroski Voter Q ❑ ❑ ❑ ❑ Withdrawn Brian O.Mealy Seconder 10 ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty Voter 10 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P.Evans Voter 10 ❑ ❑ ❑ ❑ Rescinded Scott A.Russell Voter 10 ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2023-148 CATEGORY.• Agreements-Non DEPARTMENT. Town Clerk Memorandum of Understanding with Family Service League RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a Memorandum of Understanding between the Family Service League and Southold Town to provide in-kind services through Senior Services Naturally Occurring Retirement Community Project(NORC), from January 1, 2023 through December 31, 2023 , subject to approval by the Town Attorney. ✓Vote Record-Resolution RES-2023-148 23 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ... ..... .... .... .... ..... ... .... Sarah E.Nappa voter o 0 0 0 ❑ Withdrawn ❑ Supervisor's Appt Greg Doroski Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Brian O.Mealy Mover 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Seconder Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2023-149 CATEGORY.• Ratify Fishers Island Reso. DEPARTMENT. Fishers Island Ferry District FIFD 1123123 Meeting Resolution Ratifications Page 13 January 31, 2023 Southold Town Board Board Meeting RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolutions of the Fishers Island Ferry District Board of Commissioners dated January 23, 2023 meeting, as follows: FIFD Resolution# Regarding 2023-011 Customer Write Offs 2023-012 Bud Mod Rescind 2023-013 Bud mod Replace 2023-014 Budget Modification 2023-015 Purchasing Card program ✓Vote Record-Resolution RES-2023-149 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Ape.... ...No/Nay... ....Abstain.... ....Absent... ❑ Tabled ❑ Withdrawn Sarah E.Nappa Voter 10 ❑ ❑ ❑ ❑ Supervisor's Appt Greg Doroski Voter 10 ❑ ❑ ❑ ❑ Tax Receiver's Appt Brian O.Mealy Seconder 10 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Mover 10 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter 10 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2023-150 CATEGORY.• Contracts, Lease&Agreements DEPARTMENT: Town Clerk Engagement Letter with Rehn &Maresco, Certified Public Accountants Financial Impact: charge to the Community Preservation Fund budget line CM.1320.4.500.300. WHEREAS on February 2, 2021,the Town Board of the Town of Southold accepted the bid of Rehn&Maresco, Certified Public Accountants, East Setauket,New York, for the preparation of an annual audit of the Community Preservation Funds for the year 2020 with an option for renewal under the same terms and conditions for two additional one-year periods in the amount of$5,500 for the year 2021 and for $5,500 for the year 2022, and WHEREAS both parties have agreed to renew the engagement for the 2022 CPF Audit in accordance with the bid proposal; now, therefore, be it Page 14 January 31, 2023 Southold Town Board Board Meeting RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an engagement letter with Rehn & Maresco, Certified Public Accountants, retarding the preparation of an annual audit of the Peconic Bay Community Preservation Fund for the year ended December 31, 2022 in an amount not to exceed $5,500, all in accordance with the bid proposal and subject to the approval of the Town Attorney. This shall be a charge to the Community Preservation Fund budget line CM.1320.4.500.300. ✓Vote Record-Resolution RES-2023-150 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Sarah E.Nappa Voter 0 ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt Greg Doroski Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Brian O.Mealy Voter 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Mover R1 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2023-151 CATEGORY.• Misc. Public Hearing DEPARTMENT. Town Clerk PH 2128 9:00 Ani-MSK Realty LLC- CEA IT IS HEREBY RESOLVED that the Town Board of the Town of Southold sets February 28, 2023 at 9:00 a.m. in the Town Meeting Hall, 53095 Main Road, Southold, New York 11971, as the time and place for a public hearing on the Coastal Erosion Hazard Board of Review Appeal of MSK Realty, LLC, relating to a proposed new single-family dwelling, garage, swimming pool and deck proposed to be located at 1925 North Sea Drive, Southold, SCTM#1000-54-4-20, and directs the Town Clerk to publish notice of such appeal in The Suffolk Times not less than ten (10) days nor more than thirty(30) days prior to such hearing and to notify the applicant by first class mail. ✓Vote Record-Resolution RES-2023-151 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Sarah E.Nappa Mover 0 ❑ ❑ ❑ ❑ Defeated Greg Doroski Mover 0 ❑ ❑ ❑ ❑ Tabled Brian O.Mealy Voter 0 ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P.Evans Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ Rescinded Page 15 January 31, 2023 Southold Town Board Board Meeting ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2023-152 CATEGORY.• Contracts, Lease&Agreements DEPARTMENT. Town Clerk Agreement for Lubircant Piggy Backing Financial Impact: account RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Agreement between the Town of Southold and Advance Stores, Co. b/d/a Advance Auto Parts, Grade A Petroleum, Fleetpride, Inc. and Morgan Auto Supply, Inc for the for the purchase of lubricants (motor oil, hydraulic fluids, etc.)pursuant to the terms and conditions of the accepted and contracted bid dated July 7, 2022 with the Town of East Hampton and extended to the Town of Southold pursuant to Section 103 (16) of the General Municipal Law, subject to the approval of the Town Attorney and funded from various budget lines. ✓Vote Record-Resolution RES-2023-152 23 Adopted ❑ Adopted as Amended ❑ Defeated — Yes/Aye No/Nay Abstain Absent ❑ Tabled [I Withdrawn Sarah E.Nappa Mover 0 El El El ❑ Supervisor's Appt Greg Doroski Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Brian O.Mealy Seconder 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2023-153 CATEGORY.• Authorize Payment DEPARTMENT. Solid Waste Management District C&D Transfer Fee Page 16 January 31, 2023 Southold Town Board Board Meeting WHEREAS the Town of Brookhaven has raised its fee for disposal of construction and demolition debris (C&D) for 2023 for all contractors using their facility, and WHEREAS this fee increase has been applied to Mattituck Environmental Services, Inc., the contractor hauling Southold's C&D to Brookhaven for disposal, It is hereby RESOLVED by The Town Board of The Town of Southold to approve an increase of$1 per ton in the fee paid to Mattituck Environmental Services, Inc. for removal and disposal of C&D from the Cutchogue Transfer Station for calendar year 2023, such fee increase to take effect retroactively as of January 1, 2023. ✓Vote Record-Resolution RES-2023-153 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled El Withdrawn Sarah E.Nappa Voter 10 El El El ❑ Supervisor's Appt Greg Doroski Voter 10 ❑ ❑ ❑ ❑ Tax Receiver's Appt Brian O.Mealy Mover 10 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Seconder 10 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter 10 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 10 ❑ ❑ ❑ ❑ No Action ❑ Lost 2023-154 CATEGORY.• Employment- FIFD DEPARTMENT. Accounting Approve Resolution Number 2023-009 RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves Resolution Number 2023-009 of the Fishers Island Ferry District adopted January 23, 2023 which reads as follows: RESOLVED, that per the collective bargaining agreement signed May 2022, employee 54262 of the FIFD will be receiving 2.5% cost of living increase to his hourly wage starting January 1, 2023 ✓Vote Record-Resolution RES-2023-154 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Sarah E.Nappa Voter Q ❑ ❑ ❑ ❑ Defeated Greg Doroski Voter 10 ❑ ❑ ❑ ❑ Tabled Brian O.Mealy Voter 10 ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Mover 10 ❑ ❑ ❑ Page 17 January 31, 2023 Southold Town Board Board Meeting ❑ Supervisor's Appt Louisa P.Evans Seconder 10 ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2023-155 CATEGORY.• Legal DEPARTMENT: Town Attorney Authorize 1080 Carol Avenue Subdivision Paperwork RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Supervisor, Scott Russell, to execute all documents required to facilitate the land division application for the parcel located at 1080 Carroll Avenue, Peconic, New York and known as SCTM # 1000-75-01-6. ✓Vote Record-Resolution RES-2023-155 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled 0 El El El Withdrawn Sarah E.Nappa Voter ❑ Supervisor's Appt Greg Doroski Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Brian O.Mealy Voter 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2023-156 CATEGORY.° Budget Modification DEPARTMENT: Highway Department 2022 Budget Modification. -Mighway Financial Impact: Transfer of Money Page 18 January 31, 2023 Southold Town Board Board Meeting RESOLVED that the Town Board of the Town of Southold hereby modifies the 2022 Highway Fund Part Town budget as follows: From: DB.5130.4.400.650 Maintenance &Repairs S 2,500.00 DB.5140.4.100.900 Landscaping Materials S 310.00 Total S 2,810.00 TO: DB.5130.4.100.500 Parts & Supplies S 2,500.00 DB.5140.4.100.400 Implements (Small Tools) S 310.00 Total S 2,810.00 ✓Vote Record-Resolution RES-2023-156 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Sarah E.Nappa Voter 10 ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt Greg Doroski Mover 10 ❑ ❑ ❑ ❑ Tax Receiver's Appt Brian O.Mealy Seconder 10 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 10 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter 10 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 10 ❑ ❑ ❑ ❑ No Action �............................................................. ................ ❑ Lost 2023-157 CATEGORY.• Local Law Public Hearing DEPARTMENT. Town Attorney PH 3114 7:00 Pm LL COZ 1080 Carol Ave WHEREAS, the Town Board of the Town of Southold on its own motion shall consider an application to rezone part of the parcel located at 1080 Carroll Avenue, Peconic, New York and known as SCTM #1000-75-01-6 (to be subdivided), consisting of the 5.0 acre southernmost portion of said parcel as depicted on the attached plan, from Agricultural Conservation (A-C) to Affordable Housing District (AHD); and WHEREAS, a Local Law entitled"A Local Law to amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of the 5.0 acre parcel to be subdivided from the parcel known as SCTM #1000-75-01-6, from Agricultural Conservation (A-C) to Affordable Housing District (AHD)" has been presented to the Town Board of the Town of Southold for the purpose of effectuating said rezoning. NOW, THEREFORE, BE IT Page 19 January 31, 2023 Southold Town Board Board Meeting RESOLVED that the Town Board of the Town of Southold on the Town Board's own motion is considering a change of zone of a portion of the parcel known as SCTM#1000-75-01-6 from Agricultural Conservation (A-C) to Affordable Housing District (AHD); and be it further RESOLVED that the Town Board of the Town of Southold hereby declares itself lead agency for the purposes of SEQRA review for the subject change of zone; and be it further RESOLVED that the Town Board of the Town of Southold has requested the Planning Board and/or Planning Staff to prepare a report and recommendations on the proposed rezoning, including a SEQRA report and recommendation; and it is further RESOLVED that the Town Clerk of the Town of Southold is directed to forward the matter to the Suffolk County Planning Commission, along with any associated fees, for a report and recommendation; and it is further RESOLVED that pursuant to the requirements of the New York State Town Law and the Code of the Town of Southold, Suffolk County, New York, the Town Board of the Town of Southold will hold a public hearing on a proposed Local Law entitled "A Local Law to amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of the 5.0 acre parcel to be subdivided from the parcel known as SCTM #1000-75-01-6, from Agricultural Conservation (A-C) to Affordable Housing District (AHD)" at Southold Town Hall, 53095 Main Road, Southold, New York, on the 14th day of March, 2023 at 7:00 p.m. ✓Vote Record-Resolution RES-2023-157 23 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye.... No/Nay..... Abstain Absent ❑ Tabled 0 El El El Withdrawn Sarah E.Nappa Mover ❑ Supervisor's Appt Greg Doroski Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Brian O.Mealy Voter 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter- Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder lZ ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2023-158 CATEGORY.° Employment- Town DEPARTMENT. Accounting Appoint John Kirincie Harbormaster II RESOLVED that the Town Board of the Town of Southold hereby appoints John Kirincie to Page 20 January 31, 2023 Southold Town Board Board Meeting the position of Harbormaster II for the Police Department, effective February 1, 2023, at a rate of$81,442.19 per annum. ✓Vote Record-Resolution RES-2023-158 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Sarah E.Nappa Voter Q ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt Greg Doroski Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Brian O.Mealy Mover Q ❑ ❑ ❑ ❑ Rescinded Jill Doherty Seconder Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2023-159 CATEGORY.• Agreements -Non DEPARTMENT. Town Attorney Cancel Lease,for 141-4-29 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs that Notice be sent to North Fork Bank and Trust Company and its agents cancelling the lease agreement dated April 12, 1982 between the Town of Southold and North Fork Bank and Trust Co. concerning the lease of that parcel of real property at Mattituck, Town of Southold, Suffolk County, New York described as follows: Bounded North by Pike Street, West by Westphalia , South by the Protestant Episcopal Church and The Town of Southold, east by Langer and the extension southerly of such line. SCTM 1000-141.00-04.00 ✓Vote Record-Resolution RES-2023-159 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled .... .. .... Sarah E.Nappa Voter Q ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt Greg Doroski Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Brian O.Mealy Voter Q ❑ ❑ ❑ ❑ Rescinded Jill Doherty Mover Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost Page 21 January 31, 2023 Southold Town Board Board Meeting 2023-160 CATEGORY.• Misc. Public Hearing DEPARTMENT. Land Preservation PH 2114 7:00 Pm Elizabeth Lind Revocable Trust Land Purchase RESOLVED that pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, February 14tb, 2023, at 7:00 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of property owned by Elizabeth Lind Revocable Trust. Said property is identified as SCTM #1000-50.-5-1. The address of the property is 2000 Lighthouse Road, Southold. The property is located within the Agricultural-Conservation(A-C) zoning district. The proposed acquisition is for the Town of Southold to acquire fee title to the entire property, totaling approximately 8.06 acres, for open space preservation. The exact area of the purchase is subject to survey. The purchase price for the 8.06± acre parcel is $1,300,000 (one million three hundred thousand dollars)plus acquisition costs associated with the purchase of this property. The purchase will be funded by the Town's Community Preservation Fund. There is a barn located on the property, the barn will be removed after acquisition. Removal of the barn is an eligible CPF expenditure. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved for open space preservation. The purpose of this acquisition is for open space and passive recreational purposes. The property is across from Town owned open space land known as Hummels Pond. Proposed uses of the property may include the establishment of a nature preserve and passive recreational area with trails and limited parking for access purposes, all subject to a Management Plan which will be developed for this property. The Land Preservation Coordinator has reviewed the acquisition in accordance with Chapter 117 (Transfer of Sanitary Flow Credits) of the Code of the Town of Southold. Seventeen point five (17.5) Sanitary Flow Credits may be available for transfer from the property upon the Town's purchase of the property. The transfer of the Sanitary Flow Credits will not be finalized, and shall not occur, until the Town closes on the property, and the Town Board passes a resolution allowing the transfer of such credit into the Town sanitary flow credit (SFC) bank. FURTHER NOTICE is hereby given that a more detailed description of the above-mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. ✓Vote Record-Resolution RES-2023-160 0 Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent Page 22 January 31, 2023 Southold Town Board Board Meeting ❑ Defeated Sarah E.Nappa Voter 10 ❑ ❑ ❑ ❑ Tabled Greg Doroski Seconder Q ❑ ❑ ❑ ❑ Withdrawn Brian O.Mealy Voter 10 ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty Voter 10 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P.Evans Mover 10 ❑ ❑ ❑ ❑ Rescinded Scott A.Russell Voter 10........ ........❑........ .........❑................❑......,, ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2023-161 CATEGORY.° Local Law Public Hearing DEPARTMENT. Town Attorney PH 2114 7:00 Pm LL Chapter 245 -Senior Citizens WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 31 st day of January, 2023, a Local Law entitled "A Local Law in relation to Amendments to Chapter 245, entitled Partial Exemption for Senior Citizens" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the day of February 14th, 2023 at 7:00 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 245, entitled Partial Exemption for Senior Citizens" Reads as follows: LOCAL LAW NO. 2023 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 245, entitled Partial Exemption for Senior Citizens". BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. Purpose. It has been determined by the Town Board that there is a continuing need to refine the definition of"income" for senior citizen exemptions, considering the current pace of inflation. This Amendment modifies the definition of income for this tax exemption to exclude veteran's disability compensation, as defined in Title 38 of the United States Code, as authorized by New Page 23 January 31, 2023 Southold Town Board Board Meeting York State Law. II . Chapter 245- 2 Conditions No exemption shall be granted: A. If the income of the owner or the combined income of the owners of the property for the income tax year immediately preceding the date of making application for exemption exceeds the sum of$58,400 as provided by local law pursuant to this section. Where the taxable status date is on or before April 14, "income tax year" shall mean the twelve-month period for which the owner or owners filed a federal personal income tax return for the year before the income tax year immediately preceding the date of application. Afid-Where the taxable status date is on or after April 15, "income tax year" shall mean the twelve-month period for which the owner or owners filed a federal personal income tax return for the income year immediately preceding the date of the application. Where title is vested in either the husband or the wife, their combined income may not exceed such sum. Such income shall include social security and retirement benefits; interest; dividends; total gain from the sale or exchange of a capital asset, which may be offset by a loss from the sale or exchange of a capital asset in the same income tax year; net rental income; salary or earnings; and the net income from self-employment, but not including a return of capital, gifts or inheritances. The provisions of this subsection notwithstanding, such income shall not include veterans' disability compensation, as defined in Title 38 of the United States Code. In computing net rental income and net income from self-employment, no depreciation deduction shall be allowed for the exhaustion, wear and tear of real or personal property held for the production of income. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall apply to the assessment rolls prepared on the basis of taxable status dates occurring on or after January 1, 2023. This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ✓Vote Record-Resolution RES-2023-161 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Sarah E.Nappa Voter Q ❑ ❑ ❑ ❑ Defeated ❑ Tabled Greg Doroski Mover Q El El El Q El El El Withdrawn Brian O.Mealy Voter ❑ Supervisor's Appt Jill Doherty Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P.Evans Seconder 10 ❑ ❑ ❑ ❑ Rescinded Scott A.Russell Voter Q El El El ❑ Town Clerk's Appt Page 24 January 31, 2023 Southold Town Board Board Meeting ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2023-162 CATEGORY.• Local Law Public Hearing DEPARTMENT. Town Attorney PH 2114 7:00 Pm-LL Chapter 51 Police Department WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 31 st day of January, 2023, a Local Law entitled "A Local Law in relation to an Amendment to Chapter 51, Police Department, in connection with Village of Greenport" and WHERAS that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 14TH day of February, 2023 at 7:00 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to an Amendment to Chapter 51, Police Department, in connection with Village of Greenport" which reads as follows: LOCAL LAW NO. 2023 A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 51, Police Department, in connection with Village of Greenport" BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose The Purpose of the amendment is to update the Southold Town Code H. Amendment. The Southold Town Code is hereby amended by removing the struck through words and adding the underlined words as follows: Chapter 51 - Police Department 51-1 Establishment; members; powers and duties; compensation and equipment. A. There is hereby established a Police Department for that poftio„ of the Town of Southold outside the lneo,.ri,.fate,l Village of Greenp , B. There shall be in such Police Department a Chief of Police and such number of Lieutenants, Sergeants,patrolmen, watchmen, special police and other officers Page 25 January 31, 2023 Southold Town Board Board Meeting and employees as shall be determined by the Town Board. C. When appointed, such policemen shall be peace officers and shall have all the powers and be subject to all the duties and liabilities of a constable of the Town in all criminal actions, proceedings and special proceedings of a criminal nature, and such additional powers, not inconsistent with law, as shall be conferred upon them by the Town Board. D. The compensation of the members of such Department shall be a Town charge and the manner of payment thereof shall be fixed and determined by the Town Board. The Town shall pay for the cost of the uniforms and necessary equipment of such policemen. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ✓Vote Record-Resolution RES-2023-162 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled 0 El El El Withdrawn Sarah E.Nappa Mover ❑ Supervisor's Appt Greg Doroski Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Brian O.Mealy Voter 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2023-163 CATEGORY.• Misc. Public Hearing DEPARTMENT. Land Preservation PH 2114 7:00 Pm WW Farms, LLC- CE RESOLVED that pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code,the Town Board of the Town of Southold hereby sets Tuesday, February 14, 2023, at 7:00 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of property from WW Farms, LLC. Said property is identified as SCTM #1000- Page 26 January 31, 2023 Southold Town Board Board Meeting 101.-1-8.2 and 1000-101.-1-8.3. The total area of the property is 32± acres. The address of the property is 15325 Middle Road (CR 48) in Cutchogue. The property is located on the northerly side of Middle Road (CR 48) approximately 1,260 feet southwest of Alvah's Lane. The property is located within the Agricultural-Conservation(A-C) Zoning District. SCTM# 1000-101.-1-8.2 is approximately 24 acres of unencumbered land; SCTM# 1000-101.-1-8.3 is approximately 8 acres encumbered with a conservation easement granted to the Peconic Land Trust, Incorporated on May 15, 2006. The proposed acquisition is for the Town of Southold, in a joint 50%/50%partnership with the County of Suffolk, to acquire fee title to the entire 32± acre property for open space preservation. The exact area of the purchase is subject to survey. The purchase price for the entire 32± acre parcel is $2,848,000 (two million eight hundred forty-eight thousand dollars) and is the sum of the purchase price of$2,640,000 for SCTM# Lot 8.2 and $208,000 for SCTM# Lot 8.3. The purchase will be funded by the Town's Community Preservation Fund and the County of Suffolk in a 50%/50% partnership which will include the purchase price and any related acquisition costs associated with the purchase of this property. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved for preservation of open space and aquifer recharge areas. The purpose of this acquisition is for open space, passive recreational purposes and aquifer recharge preservation. Proposed uses of the property may include the establishment of a nature preserve, passive recreational area with trails and limited parking for access purposes, all subject to a management plan that will be developed for the property. The Land Preservation Coordinator has reviewed the acquisition in accordance with Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold. Sanitary Flow Credits may be available for transfer from the property upon the purchase of the property. The County of Suffolk will determine if Sanitary Flow Credits (a/k/a County Workforce Housing Development Rights) are available, and if so, the number of Sanitary Flow Credits available from the property. Any available Sanitary Flow Credits will be divided between the County and the Town in accordance with the 50%/50%joint partnership percentage. The Seller has requested, and the Town Board has agreed, that the transfer of the Sanitary Flow Credits allotted to the Town for this project will be restricted to use of affordable housing pursuant to Chapter 117-313. and will not be finalized, and shall not occur, until the County/Town closes on the property, and the Town Board passes a resolution allowing the transfer into the Town Sanitary Flow Credit Bank for affordable housing. FURTHER NOTICE is hereby given that a more detailed description of the above-mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. ✓Vote Record-Resolution RES-2023-163 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated Sarah E.Nappa Voter Q ❑ ❑ ❑ ❑ Tabled Greg Doroski Voter Q ❑ ❑ ❑ Page 27 January 31, 2023 Southold Town Board Board Meeting ❑ Withdrawn Brian O.Mealy Mover Q ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty Seconder Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P.Evans Voter Q ❑ ❑ ❑ ❑ Rescinded Scott A.Russell Voter 10 ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2023-164 CATEGORY.• Local Law Public Hearing DEPARTMENT. Town Attorney PH 3114 7:00 Pm-LL Moratorium Battery Energy Storage System.Facilities WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 31st day of January 2023, a Local Law entitled, "A Local Law in relation to a temporary moratorium on the issuance of approvals and/or permits for Battery Energy Storage System (BESS) facilities" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 14th day of March, 2023 at 7:00 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to a temporary moratorium on the issuance of approvals and/or permits for Battery Energy Storage Svstem (BESS) facilities" reads as follows: LOCAL LAW NO. 2023 A Local Law entitled, "A Local Law in relation to a temporary moratorium on the issuance of approvals and/or permits for Battery Energy Storage System (BESS) facilities. BE IT ENACTED by the Town Board of the Town of Southold, as follows: 1. Purpose The Town recognizes that Battery Energy Storage System(BESS) facilities are a key component to the viability and promotion of renewable energy sources, however,the technology of these systems is still in its infancy. This moratorium is necessary to permit the Town to undertake a thorough examination of these systems to identify any possible threats to public health, safety and welfare as well as evaluate the potential for environmental degradation. These issues are of great public concern and it is important Page 28 January 31, 2023 Southold Town Board Board Meeting that the potential for any risks is thoughtfully reviewed with in-depth analysis and that mitigation measures are identified to ensure the continued protection of our community and of our environment. Such findings will assist in the crafting of code that will determine criteria for future siting, site design, safety requirements and all other elements that may be necessary for approval. II. Enactment of a Temporary Moratorium Until twelve (12) months from the effective date of this Local Law, after which this Local Law shall lapse and be without further force and effect and subject to any other Local Law adopted by the Town Board during the twelve (12) month period, no agency, board,board officer or employee of the Town of Southold including but not limited to, the Town Board, the Zoning Board of Appeals, the Trustees, the Planning Board , or the Building Inspector(s) issuing any building permit pursuant to any provision of the Southold Town Code, shall issue, cause to be issued or allow to be issued any approval, special exception, variance, site plan, building permit, subdivision, or permit for any use identified as a Battery Energy Storage System(BESS) facility. III. Exclusions This Local Law shall not apply: 1) to any person or entity who/which has, prior to the effective date of this Local Law, obtained all permits required for such a facility and, relying upon such permission, has undertaken significant development of such facility. 2) To any application by a municipal corporation or special district or fire district. IV. Authority To Supersede To the extent and degree any provisions of this Local Law are construed as inconsistent with the provisions of Town Law, this Local Law is intended pursuant to Municipal Home Rule Law to supersede any said inconsistent authority. V. Variance To This Moratorium Any person or entity suffering unnecessary hardship as that term is used and construed in Town Law section 267-b(2)(b), by reason of the enactment and continuance of this moratorium, may apply to the Town Board for a variance excepting the proposed use from the temporary moratorium and allowing issuance of a permit all in accordance with the provisions of this Southold Town Code. VI. Severability If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not impair or invalidate the remainder of this Local Law. VII. Effective Date This Local Law shall take effect immediately upon filing with the Secretary of State. Page 29 January 31, 2023 Southold Town Board Board Meeting ✓Vote Record-Resolution RES-2023-164 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Sarah E.Nappa Voter 0 ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt Greg Doroski Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Brian O.Mealy Voter 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2023-165 CATEGORY.• Budget Modification DEPARTMENT. Accounting 2023 Budget Modification- Trustees Financial Impact: Increase budget for unanticipated cost increase RESOLVED that the Town Board of the Town of Southold hereby modifies the 2023 General Fund Whole Town budget as follows: From: Trustees: A.8090.2.200.200 Other Equipment/Miscellaneous Equipment $5,000 A.8090.2.200.400 Other Equipment/Pump Out Boat Equipment 1,000 Total $6,000 To: A.8090.4.500.200 Trustees, Professional Services $6,000 Total $6,000 ✓Vote Record-Resolution RES-2023-165 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Such E.Nappa Voter 0 ❑ ❑ ❑ ❑ Defeated El Tabled Greg Doroski Seconder 0 El El El 0 El El El Withdrawn Bran O.Mealy Voter 0 El El El Supervisor's Appt Jill Doherty Voter ❑ Tax Receiver's Appt Louisa P.Evans Mover 0 ❑ ❑ ❑ ❑ Rescinded Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Page 30 January 31, 2023 Southold Town Board Board Meeting ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2023-166 CATEGORY.• Contracts, Lease&Agreements DEPARTMENT. Town Attorney Trustees Legal Counsel 2023 Financial Impact: A.8090.4.500.200. RESOLVED that the Town Board of the Town of Southold hereby engages the professional services of Lori Hulse, Esquire, to provide legal counsel to the Southold Town Board of Trustees and authorizes the Supervisor to sign a 2023 Retainer Agreement for January 1, 2023 throuiih December 31, 2023. Compensation shall beat a municipal rate of$1,500.00 per month. Additional expenses subject to reimbursement shall include, but are not limited to the use of approved outside experts. Invoices submitted on a monthly basis under the terms of this retainer agreement shall be a legal charge to budget line A.8090.4.500.200. ✓Vote Record-Resolution RES-2023-166 Z Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled .... .... ..... ... .... Sarah E.Nappa Voter 0 ❑ ❑ ❑ [I Withdrawn ❑ Supervisor's Appt Greg Doroski Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Brian O.Mealy Voter 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder lZ ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2023-167 CATEGORY.° Budget Modification DEPARTMENT. Accounting 2023 Budget Modification- Capital (DPW) Financial Impact: Increase budget for 2023 Capital Plan item-Ballfield Groomer Page 31 January 31, 2023 Southold Town Board Board Meeting WHEREAS the Town Board of the Town of Southold approved the 2023 Capital Plan, which included funding for the purchase of a ballfield groomer, WHEREAS, this project also requires additional funding due to price increases, WHEREAS the Town's Capital Budget process requires a resolution to formally establish Capital Budget items in the Capital Fund, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby authorizes the establishment of the followine Capital Proiects and amends the Park& Recreation Fund and Capital Budget as follows: Capital Project Name: Ballfield Groomer Financing Method: Transfer from the Park and Recreation Fund Capital Budget: Revenues: H.5031.54 Interfund Transfers Parks &Playground $26,300 Total $26,300 Appropriations: H.7197.2.500.00 Recreation, Capital Outlay Ballfield Groomer $26,300 Total $26,300 Park& Recreation Budget: Increase Revenues: CR.5990.00 Appropriated Fund Balance $26,300 Total $26,300 Increase Appropriations: CR.9901.9.000.100 Interfund Transfers, Transfer to Capital $26,300 Total $26,300 ✓Vote Record-Resolution RES-2023-167 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Sarah E.Nappa Mover 10 ❑ ❑ ❑ ❑ Withdra-wn Greg Doroski Voter Q ❑ ❑ ❑ ❑ Supervisor's Appt Brian O.Mealy Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter Q ❑ ❑ ❑ ❑ Rescinded Louisa P.Evans Seconder Q ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A.Russell Voter 10 ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action ❑ Lost Page 32 January 31, 2023 Southold Town Board Board Meeting 2023-168 CATEGORY.• Bond DEPARTMENT. Town Clerk Bond-Heavy Highway Equipment BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED JANUARY 31, 2023, AUTHORIZING THE ACQUISITION OF HEAVY HIGHWAY EQUIPMENT, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $500,000, APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE, AND AUTHORIZING THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT OF $500,000 TO FINANCE SAID APPROPRIATION THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two- thirds of all the members of said Town Board) AS FOLLOWS: Section 1. The Town of Southold, in the County of Suffolk, New York (herein called the "Town"), is hereby authorized to acquire heavy highway equipment, consisting of a dump truck with plow and a garbage truck. The aggregate estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $500,000 and said amount is hereby appropriated for such purpose. The plan of financing includes the issuance of bonds in the principal amount of$500,000 to finance said appropriation, and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Section 2. Bonds of the Town in the principal amount of $500,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the "Law"), to finance said appropriation. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness applicable to the object or purpose for which said bonds are authorized to be issued, within the limitations of Section 11.00 a. 28 of the Law, is fifteen(15) years. (b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) The proposed maturity of the bonds authorized by this resolution will exceed five (5) years. Section 4. Each of the bonds authorized by this resolution and any bond Page 33 January 31, 2023 Southold Town Board Board Meeting 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) Page 34 January 31, 2023 Southold Town Board Board Meeting TOWN OF SOUTHOLD,NEW YORK PLEASE TAKE NOTICE that on January 31, 2023, the Town Board of the Town of Southold, in the County of Suffolk,New York,adopted a bond resolution entitled: "Bond Resolution of the Town of Southold,New York,adopted January 31, 2023, authorizing the acquisition of heavy highway equipment, stating the estimated maximum cost thereof is $500,000,appropriating said amount for such purpose, and authorizing the issuance of bonds in the principal amount of$500,000 to finance said appropriation," an abstract of which bond resolution concisely stating the purpose and effect thereof,being as follows: FIRST: AUTHORIZING said Town to acquire heavy highway equipment, consisting of a dump truck with plow and a garbage truck; STATING the aggregate estimated maximum cost thereof, including preliminary costs, and costs incidental thereto and the financing thereof, is $500,000; APPROPRIATING said amount for such purpose; and STATING the plan of financing includes the issuance of bonds in the principal amount of $500,000 to finance said appropriation, and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon; SECOND: AUTHORIZING the issuance of bonds in the principal amount of$500,000 pursuant to the Local Finance Law of the State of New York to finance said appropriation; THIRD: DETERMINING and STATING that the period of probable usefulness applicable to the object or purpose for which said bonds are authorized to be issued is fifteen (15) years; the proceeds of said bonds and any bond anticipation notes issued in anticipation thereof may be applied to reimburse the Town for expenditures made after the effective date of this bond resolution for the purposes for which said bonds are authorized;and the proposed maturity of said bonds will exceed five(5)years; FOURTH: DETERMINING that said bonds and any bond anticipation notes issued in anticipation of said bonds and the renewals of said bond anticipation notes shall be general obligations of the Town; and PLEDGING to their payment the faith and credit of the Town; FIFTH: DELEGATING to the Supervisor the powers and duties as to the issuance of said bonds and any bond anticipation notes issued in anticipation of said bonds, or the renewals thereof, and SIXTH: DETERMINING that the bond resolution is subject to a permissive referendum. DATED: January 31,2023 Denis Noncarrow Town Clerk ✓Vote Record-Resolution RES-2023-168 ❑ Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain _ Absent ❑ Tabled Sarah E.Nappa Voter 0 ❑ ❑ ❑ El Withdrawn [I Supervisor's Appt Greg Doroski Mover Z El El El ❑ Tax Receiver's Appt Brian O.Mealy Voter Z ❑ ❑ ❑ [I Rescinded Jill Doherty Seconder Q El El El ❑ Town Clerk's Appt Louisa P.Evans Voter Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2023-169 CATEGORY.• Authorize to Bid Page 35 January 31, 2023 Southold Town Board Board Meeting DEPARTMENT: Engineering Advertise for the Demolition of the Sill's Farm Buildings RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the demolition and removal of the Sill's Farm Buildings located at 70282 & 70284 Main Road(NYS Route 25) in Greenport, New York, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2023-169 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Sarah E.Nappa Voter Q ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt Greg Doroski Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Brian O.Mealy Mover Q ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter Rl ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2023-170 CATEGORY.• Employment- Town DEPARTMENT: Accounting Terminate Employment-Employee#5597 RESOLVED that the Town Board of the Town of Southold hereby terminates the employment of employee # 5597 effective January 31, 2023. ✓Vote Record-Resolution RES-2023-170 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled .. .................. .................. ..... .... .... Sarah E.Nappa Voter Q ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt Greg Doroski Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Brian O.Mealy Voter Q ❑ ❑ ❑ ❑ Rescinded Jill Doherty Mover Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost Page 36 January 31, 2023 Southold Town Board Board Meeting 2023-171 CATEGORY.• Legal DEPARTMENT: Town Attorney Dedication of Throughfares WHEREAS, the following public throughfares were acquired by the Town on 1/11/2002: Pond Ave Hamlet of Southold Greenfield Lane Hamlet of Southold Barley Lane Hamlet of Southold; and WHEREAS, said public throughfare have been owned, maintained and improved by the Town for a period of ten (10)years or more; and WHEREAS the Southold Town Superintendent of Highways has inspected said throughfares and has advised the Town Board that said throughfares comply in all aspects with the specifications for the dedication of highways in the Town of Southold; be it RESOLVED, that in accordance with Section 189 of the New York Highway Law (Highways by use) the Town hereby declares said throughfares as highways by use with the same force and effect as said throughfares had been duly laid out and recorded as highways ; and that same are hereby dedicated as part of the Town Highway System ; and be it further RESOLVED, that the Town Clerk be, and hereby is, authorized and directed to forthwith cause the said throughfares of Pond Ave, Greenfield Lane and Barley Lane to be included in the Towns Highway system and shall cause the dedication, release and deed to be recorded in the office of the Clerk of the County of Suffolk, New York. ✓Vote Record-Resolution RES-2023-171 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Sarah E.Nappa Voter Q ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt Greg Doroski Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Brian O.Mealy Voter Q ❑ ❑ ❑ ❑ Rescinded Jill Doherty Seconder Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Mover Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost Page 37 January 31, 2023 Southold Town Board Board Meeting 2023-172 CATEGORY. Agreements - Non DEPARTMENT. Town Attorney Contract with SC Board of Election -Recreation RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Agreement between the Town of Southold and Suffolk County Board of Elections in connection with leasing the Southold Town Recreation Center, 970 Peconic Lane, Peconic, NY 11958 , for Primary and General Elections for 2023 and 2024, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2023-172 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled El Withdrawn Sarah E.Nappa Voter 10 El El ❑ Supervisor's Appt Greg Doroski Mover 10 ❑ ❑ ❑ ❑ Tax Receiver's Appt Brian O.Mealy Voter 10 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 10 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder 10 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 10 ❑ ❑ ❑ ❑ No Action ❑ Lost 2023-173 CATEGORY.• Committee Appointment DEPARTMENT. Town Clerk Appoint Member to the Historic Preservation Commission RESOLVED that the Town Board of the own of Southold hereby appoints Marina de Concillis as a member of the Historic Preservation Commission, effective immediately. ✓Vote Record-Resolution RES-2023-173 0 Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated Sarah E.Nappa Mover Q ❑ ❑ ❑ ❑ Tabled Greg Doroski Voter Q ❑ ❑ ❑ ❑ Withdrawn Bran O.Mealy Voter 121 El El El ❑ Supervisor's Appt Q El El El Tax Receiver's Appt Jill Doherty Seconder ❑ Rescinded Louisa P.Evans Voter 10 ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A.Russell Voter 10 ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action Page 38 January 31, 2023 Southold Town Board Board Meeting ❑ Lost 2023-174 CATEGORY: Budget Modification DEPARTMENT: Accounting 2023 Budget Modification- Capital Financial Impact: Update budgetfor 2023 Capital Plan items WHEREAS the Town Board of the Town of Southold approved the 2023 Capital Plan, which included various appropriations, WHEREAS the Town Board wishes to amend the revenue source of certain projects, WHEREAS the Town's Capital Budget process requires a resolution to amend Capital Budget items in the Capital Fund, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby amends the 2023 General Fund Whole Town Fund, 2023 Park& Recreation Fund, 2023 Highway Part Town Fund, the following capital projects and the Capital Budget as follows: Capital Project Name: Downs Farm Improvements Financing Method: Transfer from the Park& Recreation Fund Capital Budget: Increase Revenues: H.5031.54 Interfund Transfers, Park&Playground $50,000 Total $50,000 Decrease Revenues: H.5031.53 Interfund Transfers, Park Improvements $50,000 Total $50,000 Capital Project Name: DPW 72" Mower Financing Method: Transfer from the Park& Recreation Fund Capital Budget: Increase Revenues: H.5031.54 Interfund Transfers, Park&Playground $19,000 Total $19,000 Page 39 January 31, 2023 Southold Town Board Board Meeting Decrease Revenues: H.5031.17 Interfund Transfers, DPW Equipment $19,000 Total $19,000 General Whole Town Fund: Decrease Revenues A.4089 ARPA Funding $69,000 Decrease Appropriations A.9901.9.000.100 Transfer to Capital $69,000 Park& Recreation Fund: Increase Revenues CR.5990.00 Appropriated Fund Balance $69,000 Increase Appropriations CR.9901.9.000.100 Transfer to Capital $69,000 Hi2hway Part Town Fund: Decrease Revenues DB.4089 ARPA Funding $485,000 Increase Revenues DB.5990.00 Appropriated Fund Balance $485,000 ✓Vote Record-Resolution RES-2023-174 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ....... ..... .... .... .... .. .... Sarah E.Nappa Voter Q El................... ❑ ❑ Withdrawn ❑ Supervisor's Appt dreg Doroski Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Brian O.Mealy Mover Q ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost Page 40 January 31, 2023 Southold Town Board Board Meeting 2023-175 CATEGORY. Consulting DEPARTMENT. Town Attorney Melissa Spiro Consulting RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an agreement with Melissa Spiro for consulting services for the Southold Town Land Preservation Department, all in accordance with the Town Attorney. ✓Vote Record-Resolution RES-2023-175 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled [I Withdrawn Sarah E.Nappa Voter Q El El El ❑ Supervisor's Appt Greg Doroski Voter Rl ❑ ❑ ❑ ❑ Tax Receiver's Appt Brian O.Mealy Voter 10 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Mover 10 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder 10 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 10 ❑ ❑ ❑ ❑ No Action ❑ Lost 2023-176 CATEGORY.• Property Acquisition Purchase DEPARTMENT. Land Preservation Ferguson Museum, FIDCO Elect to Purchase SEQRA Cons Easement WHEREAS, the Town Board of the Town of Southold held a public hearing on the 31 st day of January, 2023, on the question of purchasing a conservation easement on property owned by The Henry L. Ferguson Museum as Contract Vendee pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code of the Town of Southold, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as SCTM#1000-4.-5-5.10 and is located off Main Road (a.k.a. Oriental Avenue) and Top of the World Road, Fishers Island. The property is located within the Low-Density Residential R-120 Zoning District; and WHEREAS, the proposed acquisition is for the Town of Southold to acquire a conservation easement on the entire property, consisting of approximately 15.6± acres, subject to survey; and Page 41 January 31, 2023 Southold Town Board Board Meeting WHEREAS, the purchase price for the 15.6± acre conservation easement is $925,000 (nine hundred twenty-five thousand dollars) plus any acquisition costs associated with the purchase of this easement. The purchase will be funded by the Town's Community Preservation Fund; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved for open space preservation. The purpose of this acquisition is for open space, passive recreational purposes and wetland protection; and WHEREAS, The Town's purchase of the conservation easement is contingent on the simultaneous delivery of a fee title deed to the 15.6± acre property to the Seller, The Henry L. Ferguson Museum as Contract Vendee, by the current owner, Fishers Island Development Corporation(FIDCO). The contract between FIDCO and The Henry L. Ferguson Museum is subject to a fund-raising contingency; and WHEREAS, The Henry L. Ferguson Museum has agreed to provide public access to the property in the form of accessible recreational trails which connect with, or link to, existing trails within the Ferguson Museum trail system and/or the Fishers Island Recreational Path; and WHEREAS, the purchase of this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code of the Town of Southold; and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has determined that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Coordinator and the Town Board have reviewed the acquisition in accordance with Chapter 117 (Transfer of Sanitary Flow Credits) of the Code of the Town of Southold, and have determined that twenty-four point six(24.6) Sanitary Flow Credits may be available for transfer from the property upon the Town's purchase of the Conservation Easement. The transfer of the Sanitary Flow Credits will not be finalized, and shall not occur, until the Town closes on the property, and the Town Board passes a resolution allowing the transfer of such credit into the Town sanitary flow credit (SFC)bank; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition and recommends that the Town Board acquires the Conservation Easement; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold acquire the Conservation Easement for the purposes of open space, passive recreational and wetland protection.; and WHEREAS, the Town Board of the Town of Southold classifies this action as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; and, Page 42 January 31, 2023 Southold Town Board Board Meeting WHEREAS, the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and, WHEREAS, the Town Board of the Town of Southold accepted the Short Environmental Form for this project that is attached hereto;now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action; and, be it further RESOLVED that the Town Board of the Town of Southold hereby elects to purchase the Conservation Easement on property owned by The Henry L. Ferguson Museum as Contract Vendee, property identified as SCTM#1000-4.-5-5.10 and located off Main Road(a.k.a. Oriental Avenue) and Top of the World Road, Fishers Island for open space, passive recreational purposes and wetland protection. The purchase price for the 15.6± acre conservation easement is $925,000 (nine hundred twenty-five thousand dollars)plus any acquisition costs associated with the purchase of this easement. The purchase will be funded by the Town's Community Preservation Fund. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the LWRP Coordinator and the Town Board have determined that this action is consistent with the LWRP. The Land Preservation Coordinator and Town Board have determined that twenty-four point six (24.6) Sanitary Flow Credits may be available for transfer from the property upon the Town's purchase of the Conservation Easement. ✓Vote Record-Resolution RES-2023-176 Z Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled El Withdrawn Sarah E.Nappa Voter 0 El El El ❑ Supervisor's Appt Greg Doroski Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Brian 6.Mealy Voter 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2023-177 CATEGORY.• Enact Local Law DEPARTMENT. Town Clerk ENACT LL Chapter 189 &260 - Sound Drive WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 17't' day of January, 2023, a Local Law entitled "A Local Law in Page 43 January 31, 2023 Southold Town Board Board Meeting relation to an Amendment to Chapter 189, Parking, and Chapter 260, Vehicles and Traffic in connection with Parking on Sound Drive in the hamlet of Greenport" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to an Amendment to Chapter 189, Parking, and Chapter 260, Vehicles and Traffic in connection with Parking on Sound Drive in the hamlet of Greenport" which reads as follows: LOCAL LAW NO. 2023 A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 189, Parking, and Chapter 260, Vehicles and Traffic in connection with Parking on Sound Drive in the hamlet of Greenport" BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose The Purpose of the amendment is to improve safety for emergency vehicles, pedestrian and passenger vehicles, as well as dealing with impacts to the public's health, safety and welfare resulting from vehicles. IL Amendment. The Southold Town Code is hereby amended by removing the struck through words and adding the underlined words as follows: CHAPTER 189 - Parking §189- 9 Designation of areas requiring parking permits. B. The following road end areas are hereby designated as Town of Southold "Parking by Southold Town Permit Only" area: (61) Sound Drive, Greenport, on both sides, beginning at the intersection with Westwood Lane extending south west for a distance of 1,056 feet. CHAPTER 260 - Vehicle and Traffic §260 - 9 Parking prohibited during certain hours A. Sound D4ye West Both 10:00 p a in Gfeenpof the III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any Page 44 January 31, 2023 Southold Town Board Board Meeting court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ✓Vote Record-Resolution RES-2023-177 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled El Withdrawn Sarah E.Nappa Voter Q El El El ❑ Supervisor's Appt Greg Doroski Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Brian O.Mealy Voter Q ❑ ❑ ❑ ❑ Rescinded Jill Doherty Seconder, Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Mover Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost VI. Public Hearings 1. PH 1/31 4:30 Pm the Henry L. Ferguson Museum CE RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Nappa, Doroski, Mealy, Doherty, Evans, Russell 2. PH 1/31 4:30 Pm LL Chapter 189 & 260 - Sound Drive RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Nappa, Doroski, Mealy, Doherty, Evans, Russell Page 45