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Home My WebLink AboutTB-11/21/2023 DENIS NONCARROW Town Hall, 53095 Main Road TOWN CLERK ��q�OSUFFQC o�� 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 southoldto wn.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD SOUTHOLD TOWN BOARD REGULAR MEETING November 21, 2023 4:30 PM A Regular Meeting of the Southold Town Board was held Tuesday,November 21, 2023 at the Meeting Hall, Southold,NY. Call to Order 4:30 PM Meeting called to order on November 21, 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 Remote 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 1. Trustee's Monthly Report 2. Planning Board Monthly Report IL Public Notices 1. Liquor License Application Page 1 November 21, 2023 Southold Town Board Board Meeting III. Communications IV. Discussion 1. 9:00 AM-Justin T. Cobis, Ed.D., Superintendent of Schools/Principal of Oysterponds UFSD with Tom Stevenson, Oysterponds BOE President and Tim Abrams, Department of Public Works Building Maintenance Supervisor 2. 9:15 AM- Tim Abrams, Building Maintenance Supervisor 3. 9:30 AM- Sonia Spar, P/T Spanish Speaking Community Service Worker 4. Supervisor Russell 5. EXECUTIVE SESSION- Labor- Matters Involving the Employment/Appointment of a Particular Person(S) V. Resolutions 2023-956 CATEGORY. Audit DEPARTMENT. Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated November 21st, 2023. ✓Vote Record-Resolution RES-2023-956 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled El Withdrawn Sarah E.Nappa Voter Q ❑ ❑ El ❑ Supervisor's Appt Greg Doroski Seconder Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Brian O.Mealy Voter Q ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Mover Q ❑ ❑ ❑ ❑ Supt Hg<vys Appt Scott A.Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2023-957 CATEGORY. Set Meeting DEPARTMENT: Town Clerk Page 2 November 21, 2023 Southold Town Board Board Meeting Set Next Town Board Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesdav, December 5th 2023 at the Southold Town Hall Southold New York at 7:00 P.M. ✓Vote Record-Resolution RES-2023-957 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled El WithdrawnSarah E.Nappa Voter 0 El El ❑ 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 2023-958 CATEGORY. Employment- Town DEPARTMENT. Accounting Rescind Resolution 2023-914 Whereas Resolution 2023-931 was adopted on November 8, 2023 and Whereas Resolution 2023-914 adopted October 24, 2023 was a duplicate resolution, therefore be it RESOLVED the Town Board of the Town of Southold hereby RESCINDS Resolution 2023-914. ✓Vote Record-Resolution RES-2023-958 0 Adopted ❑ Adopted as Amended ❑ Defeated. Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Sarah E.Nappa Voter 0 ❑ El El ❑ 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 Page 3 November 21, 2023 Southold Town Board Board Meeting 2023-959 CATEGORY: Contracts, Lease&Agreements DEPARTMENT. Recreation Hire Fall 2023 Recreation Program Instructors Financial Impact: Contracts for Winter 2024 Instructors Resolved that the Town Board of the Town of Southold authorizes and directs Supervisor Scott A. Russell to execute an agreement with the following individuals and businesses for the Winter 2024 Recreation programs, all in accordance with the approval of the Town Attorney. Funding for the instructors listed below has been budgeted for in the Recreation Department's 2024 instructor line A.7020.4.500.420. Grace Rowan(Morning Stretch, Senior Bootcamp) $40/hour Alice Jones (Crochet) $30/hour Terry Barrett(Line Dancing Beginner, Line Dancing Intermediate) $75/person Steven Schwab (Chair Yoga Mon/Wed, Basic Yoga Mon/Wed) $35/hour Alan Stewart (Tai Chi, Tabata) $30/hour Susan Kaufman (Creative Writing) $30/hour Dr. Jeffrey Poplarski (Golf Fitness) $75/class Susan Kaufman (Creative Writing) $30/hour Amy Greenberg (Yoga Therapy) $30/hour Ian Toy(Watercolor Beginner, Watercolor Intermediate) $35/hour Rachel Thomas (Zumba) $30/hour John Diaz (Senior Self Defense, Youth Martial Arts) $30/hour ✓Vote Record-Resolution RES-2023-959 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Sarah E.Nappa Voter 0 ❑ El El ❑ Supervisor's Appt Greg Doroski Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Brian O.Mealy Mover 0 ❑ ❑ ❑ ❑ Rescinded .Till Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2023-960 CATEGORY: Employment- Town DEPARTMENT. Accounting Page 4 November 21, 2023 Southold Town Board Board Meeting Accepts Resignation ofMelanie Doroski RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Melanie Doroski from the position of Part Time Land Manauement Specialist II effective November 8, 2023. ✓Vote Record-Resolution RES-2023-960 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Sarah E.Nappa Mover ❑✓ ❑ ❑ ❑ ❑ Supervisor's Appt Greg Doroski Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Brian O.Mealy Voter 10 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Seconder 10 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter El ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 21 ❑ ❑ ❑ ❑ No Action ❑ Lost 2023-961 CATEGORY: Fmla DEPARTMENT: Accounting Grant FMLA Intermittent Leave to a Town Employee RESOLVED that the Town Board of the Town of Southold hereby grants an intermittent leave of absence for up to 12 weeks to Employee#1275 effective November 9, 2023 pursuant to the Family Medical Leave Act. ✓Vote Record-Resolution RES-2023-961 Rl Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Sarah E.Nappa Voter ........... .. .. ........... ... ..0 ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt Greg Doroski Mover 10 ❑ ❑ ❑ ❑ Tax Receiver's Appt Brian O.Mealy Voter 10 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Seconder 10 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter 10 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost Page 5 November 21, 2023 Southold Town Board Board Meeting 2023-962 CATEGORY: Budget Modification DEPARTMENT. Accounting 2023 Budget Modification-Park&Playground(Tasker Park) Financial Impact: Transfer Park&Playground funds to cover new water service at Tasker Park RESOLVED that the Town Board of the Town of Southold hereby modifies the 2023 Park& Recreation Fund and the General Fund Whole Town budgets as follows: Increase Expenditures: A.1620.4.400.200 Buildings & Grounds, Property Maint/Repair $4,100 Total $4,100 Increase Revenues: A.5031.54 Interfund Transfers, Park&Playground $4,100 Total $4,100 Increase Expenditures: CR.9901.9.000.400 Transfer to General Fund $4,100 Total $4,100 Increase Revenues: CR.5990.00 Appropriated Fund Balance $4,100 Total $4,100 ✓Vote Record-Resolution RES-2023-962 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Sarah E.Nappa Voter 0 ❑ El El ❑ 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 Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2023-963 CATEGORY: Advertise DEPARTMENT. Town Clerk Page 6 November 21, 2023 Southold Town Board Board Meeting Advertise for Historic Preservation Committee Members RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk's office to advertise for members for the Historical Preservation Committee for two (2) consecutive weeks.. ✓Vote Record-Resolution RES-2023-963 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Sarah E.Nappa Voter ❑✓ ❑ ❑ ❑ ❑ Supervisor's Appt Greg Doroski Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Brian O.Mealy Voter 10 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Mover 10 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder El ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 21 ❑ ❑ ❑ ❑ No Action ❑ Lost 2023-964 CATEGORY: Advertise DEPARTMENT. Human Resource Center Permission to Advertise to Fill Current Vacancies in Senior Services Programs at the HRC. RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for 2 weeks for the following positions for Senior Services Programs at the Southold Town Human Resource Center: - Full Time Mini Bus Driver(CDL) at a rate of$35,746.67 per year. - 2 Part Time Therapeutic Activities Workers at the hourly rate of$21.16 for 17.5 hours per week. ✓Vote Record-Resolution RES-2023-964 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain _ Absent ❑ Tabled Sarah E.Nappa Voter 9 ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt Greg Doroski Voter R ❑ ❑ ❑ ❑ Tax Receiver's Appt Brian O.Mealy Mover Q ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder 10 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 2 ❑ ❑ ❑ ❑ No Action ❑ Lost Page 7 November 21, 2023 Southold Town Board Board Meeting 2023-965 CATEGORY: Bond DEPARTMENT. Town Clerk Bond for Purchase of Land on Boisseau Ave BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED NOVEMBER 21, 2023, AUTHORIZING THE ISSUANCE OF BONDS IN A PRINCIPAL AMOUNT NOT TO EXCEED $3,325,000 TO FINANCE THE ACQUISITION OF A 31.38-ACRE PARCEL OF LAND LOCATED AT 1645 BOISSEAU AVENUE, SOUTHOLD, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $3,325,000 AND APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK,NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two- thirds of all the members of said Town Board) AS FOLLOWS: Section 1. The Town of Southold, in the County of Suffolk,New York(herein called the "Town"), is hereby authorized to issue bonds in a principal amount not to exceed $3,325,000 pursuant to the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York(herein called the "Law"), to finance the acquisition of a 31.38- acre parcel of land located at 1645 Boisseau Avenue, Southold(SCTM 1000-055.00-05.00- 017.000). Section 2. The estimated maximum cost of the project described herein, including preliminary costs and costs incidental thereto and the financing thereof, is $3,325,000 and said amount is hereby appropriated for such purpose. The plan of financing includes the issuance of bonds in a principal amount not to exceed $3,325,000 to finance said appropriation, the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness applicable to the object or purpose for which said bonds are authorized to be issued, within the limitations of Section 11.00 a. 21 of the Law, is thirty(30) years. (b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) The proposed maturity of the bonds authorized by this resolution will exceed five (5) years. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in Page 8 November 21, 2023 Southold Town Board Board Meeting anticipation of said bonds shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for(a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and(b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 of the Law relative to the authorization of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 and Section 168.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, and as to the execution of agreements for credit enhancements, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of the sale of said bonds, may be contested only if- (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of publication of such resolution, or a summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This bond resolution is subject to a permissive referendum and the Town Clerk is hereby authorized and directed, within ten (10) days after the adoption of this resolution, to publish or cause to be published, in full, in the official newspaper of the Town, having a general circulation within said Town, and posted on the sign board of the Town maintained pursuant to the Town Law, a Notice in substantially the following form appearing in Exhibit A hereto. Section 8. The Town Clerk is hereby authorized and directed, after said bond resolution shall take effect, to cause said bond resolution to be published, in summary, in the official newspaper of the Town, having a general circulation within said Town, together with a Notice in substantially the form as provided by Section 81.00 of the Law. EXHIBIT A (Below is the Notice for Publication and Posting) TOWN OF SOUTHOLD, NEW YORK PLEASE TAKE NOTICE that on November 21, 2023, the Town Board of the Town of Southold, in the County of Suffolk, New York, adopted a bond resolution entitled: Page 9 November 21, 2023 Southold Town Board Board Meeting "Bond Resolution of the Town of Southold,New York, adopted November 21, 2023, authorizing the issuance of bonds in a principal amount not to exceed $3,325,000 to finance acquisition of a 31.38-acre parcel of land located at 1645 Boisseau Avenue, Southold, stating the estimated maximum cost thereof is $3,325,000 and appropriating said amount for such purpose," an abstract of which bond resolution concisely stating the purpose and effect thereof, being as follows: FIRST: AUTHORIZING the Town of Southold,New York to issue bonds in a principal amount not to exceed$3,325,000 pursuant to the Local Finance Law of the State of New York, to finance the acquisition of a 31.38-acre parcel of land located at 1645 Boisseau Avenue, Southold(SCTM 1000-055.00-05.00-017.000); SECOND: STATING that the estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $3,325,000; appropriating said amount for such purpose; and STATING that the plan of financing includes the issuance of bonds in a principal amount not to exceed $3,325,000 to finance said appropriation, the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable; THIRD: DETERMINING and STATING that the period of probable usefulness applicable to the object or purpose for which said bonds are authorized to be issued is thirty(30) years; the proceeds of said bonds and any bond anticipation notes issued in anticipation thereof may be applied to reimburse the Town for expenditures made after the effective date of this bond resolution for the purposes for which said bonds are authorized; and the proposed maturity of said bonds will exceed five (5) years; FOURTH: DETERMINING that said bonds and any bond anticipation notes issued in anticipation of said bonds and the renewals of said bond anticipation notes shall be general obligations of the Town; and PLEDGING to their payment the faith and credit of the Town; FIFTH: DELEGATING to the Supervisor the powers and duties as to the issuance of said bonds and any bond anticipation notes issued in anticipation of said bonds, or the renewals thereof; and SIXTH: STATING the conditions under which the validity of the bonds and any notes issued in anticipation thereof may be contested; and SEVENTH: DETERMINING that the bond resolution is subject to a permissive referendum. DATED: November 21, 2023 Denis Noncarrow Town Clerk ✓Vote Record-Resolution RES-2023-965 Q Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated Sarah E.Nappa Mover Q ❑ ❑ ❑ ❑ Tabled Greg Doroski Seconder Q ❑ ❑ ❑ ❑ Withdrawn Brian O.Mealy Voter Q ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty Voter Q ❑ ❑ ❑ Page 10 November 21, 2023 Southold Town Board Board Meeting ❑ Tax Receiver's Appt Louisa P.Evans Voter Q ❑ ❑ ❑ ❑ Rescinded Scott A.Russell Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hbwvys Appt ❑ No Action ❑ Lost 2023-966 CATEGORY: Budget Modification DEPARTMENT. Public Works 2023 Budget Modification-DPW Financial Impact: Funds needed for heating oil RESOLVED that the Town Board of the Town of Southold hereby modifies the 2023 General Fund Whole Town budget as follows: From: A.1620.4.400.100 Buildings & Grounds, Building Maint/Rep $1,500 Total $1,500 To: A.1620.4.100.250 Buildings & Grounds, Heating Fuel $1,500 Total $1,500 ✓Vote Record-Resolution RES-2023-966 Q Adopted ❑ Adopted as Amcnded ❑ 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 Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2023-967 Page 11 November 21, 2023 Southold Town Board Board Meeting CATEGORY. Committee Resignation DEPARTMENT. Town Clerk Resignation of Eric L Dantes from HAC RESOLVED that the Town Board of the Town of Southold hereby accepts, the resignation of Eric L Dantes . from the Housing Advisory Commission, effective December 31, 2023. ✓Vote Record-Resolution RES-2023-967 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 Hb vys Appt Scott A.Russell Voter Q ❑ ❑ .......❑...... ❑ No Action ❑ Lost 2023-968 CATEGORY. Employment- Town DEPARTMENT. Accounting Retirement Resolution for Elected/Appointed Officials WHEREAS,the State of New York has set additional reporting requirements in Section 315.4 of the New York Codes,Rules and Regulations which requires all elected and appointed officials whose terms start on or after August 12,2009,who are members of the New York State and Local Retirement System and who do not participate in their employer's time keeping system to prepare a log of their work-related activities for three consecutive months and submit their logs to the clerk or secretary of the governing body within 150 days of the start of their term; NOW THEREFORE, BE IT RESOLVED that the Town Board of the Town of Southold hereby establishes the following as standard workdays for elected and appointed officials and will report the following days worked to the New York State and the Local Employees' Retirement System based on the record of activities maintained and submitted by these officials to the clerk of this body: Title Name Standard Term Begins/ Participates in Record of Activities Work Ends Employer's Result Day Time Keeping (Hrs/day) System Page 12 November 21, 2023 Southold Town Board Board Meeting Justice Daniel Ross 6 1/l/20-12/31/23 N 14.22 days/month BE IT FURTHER RESOLVED,that said standard is being established to meet the accounting requirements of the New York State Employees Retirement System for calculation of retirement benefits, and BE IT FURTHER RESOLVED,that the Town Clerk be and he hereby is authorized to send a certified copy of this resolution to the New York State Employees Retirement System. 1, Denis Nonearrow, Town Clerk of the governing board of the Town of Southold of the State of New York, do hereby certify that I have compared the foregoing with the original resolution passed by such board, at a legally convened meeting held on the 21t day of November, 2023 on file as part of the minutes of such meeting, and that the same is a true copy thereof and the whole of such original. I further certify that the full board, consists of six (6) members, and the six (6) of such members were present at such meeting and the six(6)of such members vote in favor of the above resolution. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Town of Southold, on this 21st day of November,2023. SEAL Denis Noncarrow Town Clerk Town of Southold ✓Vote Record-Resolution RES-2023-968 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 El ❑ ❑ ❑ ❑ 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 2023-969 CATEGORY: Committee Resignation DEPARTMENT: Town Clerk Resignation- Police Advisory RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Page 13 November 21, 2023 Southold Town Board Board Meeting John J. Slattery from the position of a member of the Police Advisory Committee effective January, 1, 2024. ✓Vote Record-Resolution RES-2023-969 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Sarah E.Nappa Voter Q ❑ ❑ ❑ ❑ Supervisor's Appt Greg Doroski Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Brian O.Mealy Mover ❑✓ ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter ❑✓ ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2023-970 CATEGORY: Authorize Payment DEPARTMENT. Town Clerk Settle Outstanding Administrative Violations Issued by Suffolk County Department of Health RESOLVED that the Town Board of the Town of Southold hereby authorizes the Supervisor Scott A. Russell to settle outstanding administrative violations issued by Suffolk County Department of Health , identified in its notice dated November 14, 2023 and to resolve the reduced fine of$625.00, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2023-970 Q Adopted ❑ Adopted as Amcnded ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Sarah E.Nappa Mover Q ❑ ❑ ❑ ❑ Withdrawn El Supervisor's Appt Greg Doroski Voter Q El El ❑ ❑ Tax Receiver's Appt Brian O.Mealy Voter 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 2023-971 Page 14 November 21, 2023 Southold Town Board Board Meeting CATEGORY: Budget Modification DEPARTMENT. Information Technology Information Technologies Budget Modification Funds Are Required to Purchase Additional Workstations that Were Not Budgeted for in 2023. Financial Impact: Department Budget Modification RESOLVED that the Town Board of the Town of Southold hereby modifies the 2023 budget as follows: From: A.1680.4.400.360 Copy Machines—Lease $2500.00 Total $2500.00 To: A.1680.2.400.450 Workstations / Server Periph $2500.00 Total $2500.00 ✓Vote Record-Resolution RES-2023-971 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 Voter Rl ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder ❑✓ ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2023-972 CATEGORY: Agreements -Non DEPARTMENT. Trustees Annual Agreement for Red Knot Bird Monitoring RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a one (1) year agreement with Glenn Just to conduct Red Knot Bird Monitoring during dredging operations in Southold Town Waters pursuant to the requirements of the United States Fish and Wildlife Service Special Conditions, at a rate of one hundred and fifty ($150.00) dollars per hour, with the total amount not to exceed $1,000.00, funded from budget line A.8090.4.500.300, all in accordance with the approval of the Town Page 15 November 21, 2023 Southold Town Board Board Meeting Attorney. ✓Vote Record-Resolution RES-2023-972 M Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Sarah E.Nappa Voter M ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt Greg Doroski Seconder M ❑ ❑ ❑ ❑ Tax Receiver's Appt Brian O.Mealy Voter M ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter M ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Mover M ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter M ❑ ❑ ❑ ❑ No Action ❑ Lost 2023-973 CATEGORY: Employment- Town DEPARTMENT. Accounting Accepts Resignation of Samuel Bracken RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Samuel Bracken from the position of Maintenance Mechanic III for the Department of Public Works effective close of business December 5, 2023. ✓Vote Record-Resolution RES-2023-973 M Adopted ❑ Adopted as Amcnded ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Sarah E.Nappa Voter M ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt Greg Doroski Voter M ❑ ❑ ❑ ❑ Tax Receiver's Appt Brian O.Mealy Voter M ❑ ❑ ❑ ❑ Rescinded Jill Doherty Mover M ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder M ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter M ❑ ❑ ❑ ❑ No Action ❑ Lost 2023-974 CATEGORY: Employment- Town DEPARTMENT. Accounting Page 16 November 21, 2023 Southold Town Board Board Meeting Amend Resolution Number 2023-943 RESOLVED that the Town Board of the Town of Southold hereby amends Resolution Number 2023-943 to read as follows: WHEREAS,the State of New York has set additional reporting requirements in Section 315.4 of the New York Codes,Rules and Regulations which requires all elected and appointed officials whose terms start on or after August 12,2009, who are members of the New York State and Local Retirement System and who do not participate in their employer's time keeping system to prepare a log of their work-related activities for three consecutive months and submit their logs to the clerk or secretary of the governing body within 150 days of the start of their term; NOW THEREFORE, BE IT RESOLVED that the Town Board of the Town of Southold hereby establishes the following as standard workdays for elected and appointed officials and will report the following days worked to the New York State and the Local Employees' Retirement System based on the record of activities maintained and submitted by these officials to the clerk of this body: Title Name Standard Term Begins/ Participates in Record of Activities Work Ends Employer's Result Day Time Keeping (Hrs/day) System Town Tax Receiver Kelly Fogarty 6 12/l/19-11/30/23 N 16.35 days/month BE IT FURTHER RESOLVED,that said standard is being established to meet the accounting requirements of the New York State Employees Retirement System for calculation of retirement benefits, and BE IT FURTHER RESOLVED,that the Town Clerk be and he hereby is authorized to send a certified copy of this resolution to the New York State Employees Retirement System. I, Denis Noncarrow, Town Clerk of the governing board of the Town of Southold of the State of New York, do hereby certify that I have compared the foregoing with the original resolution passed by such board, at a legally convened meeting held on the 8r'day of November, 2023 on file as part of the minutes of such meeting, and that the same is a true copy thereof and the whole of such original. I further certify that the full board, consists of six (6) members, and the six (6) of such members were present at such meeting and the six(6)of such members vote in favor of the above resolution. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Town of Southold, on this 8" day of November, 2023. SEAL Denis Noncarrow Town Clerk Town of Southold Page 17 November 21, 2023 Southold Town Board Board Meeting ✓Vote Record-Resolution RES-2023-974 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Sarah E.Nappa Seconder 0 El El ❑ Supervisor's Appt Greg Doroski Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Brian O.Mealy Mover 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hpvys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2023-975 CATEGORY. Budget Modification DEPARTMENT. Solid Waste Management District 2023 Budget Modification: SWMD Financial Impact: Covers year-end expenses for affected lines. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2023 Solid Waste Management District budget as follows: From: SR 8160.2.500.125 Facility Improvements $ 37,000 SR 8160.4.400.810 C&D Disposal 11,000 SR 8160.4.100.450 Equipment Parts/Supplies 12,000 SR 8160.4.100.475 Vehicle Parts/Supplies 5,000 SR 8160.4.100.525 Payloader/Truck Tires 9,000 SR 8160.4.400.620 Equipment Repairs 23,000 Total $97,000 To: SR 8160.4.100. SR 8160.4.100.175 Small Tools/Equipment $ 5,000 SR 8160.4.400.664 Repairs—Morbark Grinder 73,000 SR 8160.4.400.840 Hazardous Waste Removal 15,000 SR 8160.4.400.841 Waste Oil Removal 4,000 Total $97,000 ✓Vote Record-Resolution RES-2023-975 0 Adopted Yes/Aye No/Nay Abstain Absent Page 18 November 21, 2023 Southold Town Board Board Meeting ❑ Adopted as Amended Sarah E.Nappa Mover Q ❑ ❑ ❑ ❑ Defeated Greg Doroski Seconder Q ❑ ❑ ❑ ❑ Tabled Brian O.Mealy Voter Q ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Voter Q ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P.Evans Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A.Russell Voter Q ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2023-976 CATEGORY: Ratify Fishers Island Reso. DEPARTMENT: Fishers Island Ferry District FIFD 11116123 Meeting Resolution Ratifications RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolutions of the Fishers Island Ferry District Board of Commissioners dated November 16, 2023 meeting, as follows: FIFD Resolution# Regarding 2023 - 166 Minutes 2023 - 167 Warrant 2023 - 168 Budget Modification- $2,500.00 2023 - 169 Budget Modification- $450,000.00 2023 - 170 Contract Yard Package 2023 - 171 Contract Marine Radios ✓Vote Record-Resolution RES-2023-976 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Sarah E.Nappa Voter Q ❑ ❑ ❑ ❑ Withdrawn Greg Doroski Mover Q ❑ ❑ ❑ ❑ Supervisor's Appt Brian O.Mealy Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder Q ❑ ❑ ❑ ❑ Rescinded Louisa P.Evans Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A.Russell Voter Q ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action ❑ Lost Page 19 November 21, 2023 Southold Town Board Board Meeting 2023-977 CATEGORY: Equipment DEPARTMENT: Solid Waste Management District Asset Transfer: SWMD to Highway RESOLVED that the Town Board of the Town of Southold hereby authorizes the transfer of SWMD fleet vehicle RM-25 (Asset#3750) 2008 Ford F350 pickup truck to the Highway Department at a cost of$250. ✓Vote Record-Resolution RES-2023-977 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Sarah E.Nappa Voter Q ❑ ❑ ❑ ❑ withdrawn ❑ Supervisor's Appt Greg Doroski Voter 2 ❑ ❑ ❑ ❑ 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 2023-978 CATEGORY: Budget Modification DEPARTMENT: Highway Department 2023 Budget Modification Highway Financial Impact: Department Budget Modification RESOLVED that the Town Board of the Town of Southold hereby modifies the 2023 Highway Fund budget as follows: From: DB.5142.4.100.935 Rock Salt $14,425.00 Total $14,425.00 To: DB.5110.4.100.915 Cement $ 855.00 DB.5130.4.100.550 Tires $ 7,500.00 Page 20 November 21, 2023 Southold Town Board Board Meeting DB.5140.4.100.550 Equipment Parts/Supplies $ 100.00 DB.5140.4.400.600 Office Equip Maint/Repair $ 370.00 DB.5142.2.400.200 Snow Equipment $ 600.00 DB.5142.4.100.975 Plow Blades, Shoes, Wheels $ 5,000.00 Total $14,425.00 ✓Vote Record-Resolution RES-2023-978 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Sarah E.Nappa Voter ❑✓ ❑ ❑ ❑ ❑ withdrawn ❑ Supervisor's Appt Greg Doroski Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Brian O.Mealy Voter Q ❑ ❑ ❑ ❑ Rescinded Jill Doherty Mover ❑✓ ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder Q ❑ ❑ ❑ ❑ Supt Hb vys Appt Scott A.Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2023-979 CATEGORY: Legal DEPARTMENT. Town Attorney MOA PBA Fishers Island RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the Memorandum of Agreement between the Town of Southold and the Southold Town Police Benevolent Association, Inc., concerning the establishment and continuation of police functions on Fishers Island, and hereby authorizes and directs Supervisor Scott A Russell to execute said Memorandum of Agreement dated November 21, 2023 on behalf of the Town. ✓Vote Record-Resolution RES-2023-979 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 Page 21 November 21, 2023 Southold Town Board Board Meeting 2023-980 CATEGORY: Agreements -Non DEPARTMENT: Town Attorney MOA Employee 92350 RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the Memorandum of Agreement made with Employee Number 2350 and hereby authorizes and directs Supervisor Scott A Russell to execute said Memorandum of Agreement dated November 21, 2023 on behalf of the Town. ✓Vote Record-Resolution RES-2023-980 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled El El El El Withdrawn Sarah E.Nappa Voter ❑ 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 2023-981 CATEGORY: Advertise DEPARTMENT: Town Clerk Advertise for Maintenance Mechanic III RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk's office to advertise for the position of to Maintenance Mechanic III for the Department of Public Works. ✓Vote Record-Resolution RES-2023-981 Q Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Sarah E.Nappa Voter Q ❑ ❑ ❑ ❑ Defeated ❑ Tabled Greg Doroski Mover Q ❑ ❑ ❑ ❑ Withdrawn Brian O.Mealy Voter Q ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty Seconder ❑✓ ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P.Evans Voter Q ❑ ❑ ❑ ❑ Rescinded Scott A.Russell Voter Q ❑ ❑ ❑ Page 22 November 21, 2023 Southold Town Board Board Meeting ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2023-982 CATEGORY. Committee Appointment DEPARTMENT. Town Clerk Economic Development Committee Secretary RESOLVED that the Town Board of the Town of Southold hereby appoints Elizabeth Sakarellos as Secretary for the Economic Development Committee, effective November 21, 2023 through December 31, 2023 not to exceed five (5)hours per week in addition to her regular 35 hour work week, regardless of the number of committees she serves. ✓Vote Record-Resolution RES-2023-982 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 Rl ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Mover Rl ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2023-983 CATEGORY. Legal DEPARTMENT. Town Attorney Appraisal US Coast Guard RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Attorney to retain an appraiser to prepare an appraisal of the parcel on Fishers Island presently owned by the United States Coast Guard. ✓Vote Record-Resolution RES-2023-983 Q Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended p Sarah E.Nappa Voter Q ❑ ❑ ❑ Page 23 November 21, 2023 Southold Town Board Board Meeting ❑ Defeated Greg Doroski Voter 0 ❑ ❑ ❑ ❑ Tabled Brian O.Mealy Voter 0 ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Mover Q ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P.Evans Seconder 10 ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A.Russell Voter Q ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2023-984 CATEGORY: Legal DEPARTMENT: Town Attorney Special Counsel Schartzman V ZBA RESOLVED that the Town Board of the Town of Southold hereby authorizes the Town Attorney to retain Devitt Spellman Barrett, LLP. as Special Counsel to represent the Southold Town Board, in an action in Supreme Court, Suffolk County, in the matter of the Application of Allan Schartzman v. Town of Southold Zoning Board of Appeals. ✓Vote Record-Resolution RLS-2023-984 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Sarah E.Nappa Voter 10 ❑ El El ❑ Supervisor's Appt Greg Doroski Seconder Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Brian O.Mealy Mover El ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter 10 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2023-985 CATEGORY: Legal DEPARTMENT: Town Attorney Special Counsel Mazzoni, Switzer, Switzer Cove Beach LLC, George Kougentakis, Turman's Triump Page 24 November 21, 2023 Southold Town Board Board Meeting RESOLVED that the Town Board of the Town of Southold hereby authorizes the Town Attorney to retain Devitt Spellman Barrett, LLP. as Special Counsel to represent the Southold Town Board, in an action in Supreme Court, Suffolk County, in the matter of the Application of Henery Mazzoni, High Switzer and Switzer Cove Beach LLC, George Kougentakis and Turman's Triumph, LLC v. Cove Beach Estates LLC, Ocean Point Development Corp, Raoul J. Witteveen, Cove Realty Group LLC, Timothy Beaumont, Deborah Beaumont, Town of Southold and Town of Southold Planning Board. ✓Vote Record-Resolution RES-2023-985 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Sarah E.Nappa Mover 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 Voter Q ❑ ❑ ❑ ❑ Supt Hb vys Appt Scott A.Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2023-986 CATEGORY: Legal DEPARTMENT. Town Attorney Special Counsel Sutton V ZBA RESOLVED that the Town Board of the Town of Southold hereby authorizes the Town Attorney to retain Devitt Spellman Barrett, LLP. as Special Counsel to represent the Southold Town Board, in an action in Supreme Court, Suffolk County, in the matter of the Application of Tracy&Alexander Sutton v. Town of Southold Zoning Board of Appeals. ✓Vote Record-Resolution RES-2023-986 Rl Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Sarah E.Nappa Voter Q ❑ El El ❑ Supervisor's Appt Greg Doroski Mover 10 ❑ ❑ ❑ ❑ Tax Receiver's Appt Brian O.Mealy Voter Q ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt L 11 o 11 uis 11 a P.Evans Seconder Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 2 ❑ ❑ ❑ ❑ No Action ❑ Lost Page 25 November 21, 2023 Southold Town Board Board Meeting 2023-987 CATEGORY: Legal DEPARTMENT: Town Attorney Modem Hearing Officer's Recommendation -Employee#9505 WHEREAS,pursuant to Town Law Section 155 and Civil Service Law Section 75, a Hearing Officer was appointed to conduct a hearing on disciplinary charges that was preferred against Employee Number 9505 on or about August 10, 2022; and WHEREAS, on May 15, 2023, June 15, 2023 and July 21, 2023, the Hearing Officer conducted a hearing; and WHEREAS, on October 16, 2023, the parties submitted post-hearing briefs to the Hearing Officer; and WHEREAS, on or about November 17, 2023, the Hearing Officer issued a decision in which he recommended that the Employee be found guilty of Charge I, Specifications 1, 2 and 3, Charge II, Specification 1, and Charge III, Specifications 1, 2, 3, 4, 5, and 6; and WHEREAS, in his decision, the Hearing Officer recommended that the Employee be found not guilty of Charge I, Specification 4, Charge 11, Specification 2, and Charge III, Specification 7; and WHEREAS, in considering the totality of the evidence based upon the Record before him, the Hearing Officer recommended that the Employee's suspension without pay of 30 days already served be reduced to 20 days; and WHEREAS, the Board, having reviewed the Record supporting the Decision, has determined that the Decision contains certain statements that are unsupported by the Record, but that the Record otherwise supports the Hearing Officer's Decision. NOW, THEREFORE, BE IT RESOLVED, that the Town adopts in its entirety the Hearing Officer's Decision, including its findings of fact and recommended penalty, except as follows: Page 26 November 21, 2023 Southold Town Board Board Meeting 1. Page 1, Caption, replace "Smithtown" with "Southold." 2. Page 1, Appearances, replace "PBA Counsel" with "Counsel for the Employee." 3. Page 5, `Background," delete the last line (Town Post-Hearing Brief, pp. 2, 33). 4. Page 10, The Town Board reiects the findings noted in the paragraph that begins "Separate and apart from the main charges...". Upon consideration of the entire record, the Town Board finds as follows: For all of the same factual reasons as set forth above and as described in the Town's Post-Hearing Brief, the Employee is guilty of violating General Order 1.04 as alleged in Charge I, Specification 4 (sub- specifications "a"through"e"), Charge II, Specification 2 (sub- specifications "a"through"e"), Charge III, Specification 3 (sub- specifications "a"through"d"), and Charge IV, Specification 7. By his conduct, the Employee: (i) failed to know and conform to Department Rules and Regulations (General Order 1.04, Article VII(B)(1)), (ii) failed to receive, record and service immediately all complaints and request for service (General Order 1.04, Article VII(B)(8)); (iii) engaged in conduct which brought discredit upon the Department (General Order 1.04, Article XII(1)); (iv) failed to perform a duty(General Order 1.04, Article XII(2); (v) engaged in neglect or dereliction in the performance of official duties (General Order 1.04, Article XII(5)); (vi) engaged in an act of delinquency seriously affecting a member's general character or fitness for office (General Order 1.04, Article XII(6); (vii) demonstrated incompetence to perform an official duty(General Order 1.04, Article XII(10); (viii) engaged in conduct unbecoming an officer(General Order 1.04, Article XII(18)); and(ix) failed to report information of a police nature in conformance with Department Orders (General Order 1.04, Article XII(55). (Town Exhibit l; Town Exhibit 2 [p. 22, lines 14 through 20;p. 30, line 2 through p. 31, line 4; p. 43, line 22 through p. 45, line 11]; Town Exhibit 3 [p.35, lines 5 through 11]; Town Exhibit 6; Town Exhibit 11, Appendix C; July 21, 2023 Transcript [p. 65, lines 10-25;p. 68, line 10 through p. 69, line 10]) Page 27 November 21, 2023 Southold Town Board Board Meeting 5. Page 11, Upon consideration of the entire record, the Town Board rejects the paragraph that begins "Given the record before me..." and, further, finds as follows: Given the record, the Respondent has not met its burden of proof to have the Charges dismissed as untimely and the Town has established by a preponderance of the evidence that the Employee is guilty of Charge I, Specifications 1, 2, 3 and 4, Charge 11, Specifications 1 and 2, Charge 111, Specifications 1, 2 and 3, and Charge IV, Specifications 1, 2, 3, 4, 5, 6 and 7. 6. Page 11, Based upon the aforesaid findings of the Town Board, the Board rejects the findings found in the second paragraph after the colon and hereby adopts the following: guilty of guilty of Charge I, Specifications 1, 2, 3 and 4, Charge 11, Specifications 1 and 2, Charge III, Specifications 1, 2 and 3, and Charge IV, Specifications 1, 2, 3, 4, 5, 6 and 7. BE IT FURTHER RESOLVED that the Employee's suspension without pay of 30 days, which he has already served, is reduced to 20 days. ✓Vote Record-Resolution RES-2023-987 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Sarah E.Nappa Mover Q ❑ ❑ ❑ ❑ withdrawn El Supervisor's Appt Greg Doroski Seconder Q El El ❑ ❑ Tax Receiver's Appt Brian O.Mealy Voter Q ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter Q ❑ ❑ ❑ ❑ Supt Hb vys Appt Scott A.Russell Voter ❑ Q ❑ ❑ ❑ No Action ❑ Lost 2023-988 CATEGORY. Legal DEPARTMENT. Town Attorney Modify a Hearing Officer's Recommendation - Employee #4830 Page 28 November 21, 2023 Southold Town Board Board Meeting WHEREAS,pursuant to Town Law Section 155 and Civil Service Law Section 75, a Hearing Officer was appointed to conduct a hearing on disciplinary charges that was preferred against Employee Number 4830 on or about August 10, 2022; and WHEREAS, on July 18, 2023, the Hearing Officer conducted a hearing; and WHEREAS, on October 16, 2023, the parties submitted post-hearing briefs to the Hearing Officer; and WHEREAS, on or about November 17, 2023, the Hearing Officer issued a decision in which he recommended that the Employee be found guilty of Charge I, Specifications 1, 2 and 3, Charge Il, Specification 1, 2 and 3; and WHEREAS, in his decision, the Hearing Officer recommended that the Employee be found not guilty of Charge I, Specification 4, and Charge II, Specification 4; and WHEREAS, in considering the totality of the evidence based upon the Record before him, the Hearing Officer recommended that the Employee be suspended for two days; and WHEREAS, the Board, having reviewed the Record supporting the Decision,has determined that the Decision contains certain statements that are unsupported by the Record, but that the Record otherwise supports the Hearing Officer's Decision. NOW, THEREFORE, BE IT RESOLVED, that the Town adopts in its entirety the Hearing Officer's Decision, including its findings of fact and recommended penalty, except as follows: 1. Page 1, Appearances, replace "PBA Counsel" with "Counsel for [the Employee]." 2. Page 3-4, "Background," delete the last line (Town Post-Hearing Brief, pp. 2, 28). 3. Page 4, Town's Position, first sentence, delete everything after "all of its charges" (Town Post-Hearing Brief, pp. 2, 28). 4. Page 8, the Town Board reiects the findings noted in the paragraph that begins "Separate and apart from the main charges...". Upon consideration of the entire record, the Town Board finds as follows: For all of the same factual reasons as set forth above and as described in the Town's Post-Hearing Brief, the Employee is guilty of violating General Order 1.04 as alleged in Charge 1, Specification 4 (sub- specifications "a"through"f') and Charge II, Specification 2 (sub- Page 29 November 21, 2023 Southold Town Board Board Meeting specifications "a" through"g"). By his conduct, [the Employee]: (i) failed to know and conform to Department Rules and Regulations (General Order 1.04, Article VII(B)(1)); (ii) failed to be in attendance for those hours specifically assigned(General Order 1.04, Article VII(B)(4)); (iii) failed to remain on his duty post and left his post without the approval of the supervising officer (General Order 1.04, Article VII(B)(10)); (iv) failed to obey all laws and ordinances which he was obliged to enforce (General Order 1.04, Article VII(B)(24)); (v) failed to perform a duty (General Order 1.04, Article XII(2)); (vi) engaged in neglect or dereliction in the performance of official duties (General Order 1.04, Article XII(5)); (vii) engaged in an act of delinquency seriously affecting his general character or fitness for office (General Order 1.04, Article XII(6)); (viii) was absent from duty without proper authorization (General Order 1.04, Article VII(8)); (ix) left a duty assignment without being properly relieved and without proper authorization(General Order 1.04, Article XII(9)); and(x) violated a duly constituted law (General Order 1.04, Article XII(14)). (Joint Exhibit 7 [page 24, lines 19 through 22; page 25, line 3, through page 26, line 2;page 29, lines 16 through 22; page 41, lines 6 through 11; page 50, lines 2 through 16]; Joint Exhibit 16, Appendix C; Joint Exhibit 17,page 1; July 18, 2023 Transcript [page 37, lines 20-22].) 5. Pa2e 8, Upon consideration of the entire record the Town Board rejects the findings found in the paragraph that betins "Given the record before me..." and, further, finds as follows: Given the record, the Respondent has not met its burden of proof to have the Charges dismissed as untimely and the Town has established by a preponderance of the evidence that [the Employee] is guilty of Charge I, Specifications 1, 2, 3 and 4, and Charge II, Specifications 1, 2, 3 and 4. 6. Page 8, Based upon the aforesaid findings of the Town Board, the Board rejects the recommendation of the Hearing Officer found at the second paragraph after the Employee's name and herebv adopts the following: is guilty of Charge I, Specifications 1, 2, 3 and 4, and Charge II, Specifications 1, 2, 3 and 4. BE IT FURTHER RESOLVED that the Employee be suspended without pay for two days. ✓Vote Record-Resolution RES-2023-988 0 Adopted Yes/Aye No/NayAbstain Absent ❑ Adopted as Atnended Page 30 November 21, 2023 Southold Town Board Board Meeting ❑ Defeated Sarah E.Nappa Mover 0 ❑ ❑ ❑ ❑ Tabled Greg Doroski Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Brian O.Mealy Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ Rescinded Scott A.Russell Voter ❑ 0 ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2023-989 CATEGORY: Legal DEPARTMENT: Town Attorney Modify a Hearing Officer's Recommendation -Employee 3517 WHEREAS,pursuant to Town Law Section 155 and Civil Service Law Section 75, a Hearing Officer was appointed to conduct a hearing on disciplinary charges that was preferred against Employee Number 3517 on or about August 10, 2022; and WHEREAS, on July 18, 2023, the Hearing Officer conducted a hearing; and WHEREAS, on October 16, 2023, the parties submitted post-hearing briefs to the Hearing Officer; and WHEREAS, on or about November 17, 2023, the Hearing Officer issued a decision in which he recommended that the Employee be found guilty of Charge I, Specifications 1 and 2; and WHEREAS, in his decision, the Hearing Officer recommended that the Employee be found not guilty of Charge I, Specification 3; and WHEREAS, in considering the totality of the evidence based upon the Record before him, the Hearing Officer recommended that a written reprimand stating his findings be placed in the Employee's personnel file for a period not to exceed 18 months at which time it would be removed if there were no further disciplinary issues involving him; and WHEREAS, the Board, having reviewed the Record supporting the Decision,has determined that the Decision contains certain statements that are unsupported by the Record, but that the Record otherwise supports the Hearing Officer's Decision. NOW, THEREFORE, BE IT RESOLVED, that the Town adopts in its entirety the Hearing Officer's Decision, including its findings of fact and recommended penalty, except as Page 31 November 21, 2023 Southold Town Board Board Meeting follows: 1. Page 1, Appearances, replace "PBA Counsel" with "Counsel for the Employee." 2. Page 3, `Background," delete the last line (Town Post-Hearing Brief, pp. 2, 23). 3. Page 4, Town's Position, first sentence, delete everything after "its charge" (Town Post-Hearing Brief, pp. 2, 23). 4. Pages 6-7. The Town Board reiects the findings noted in the paragraph that begins "Separate and apart from the main charges...". Upon consideration of the entire record, the Town Board finds as follows: For all of the same factual reasons as set forth above and as described in the Town's Post-Hearing Brief, the Employee is guilty of violating General Order 1.04 as alleged in Charge I, Specification 4 (sub- specifications "a"through"f'). By his conduct, the Employee: (i) failed to know and conform to Department Rules and Regulations (General Order 1.04, Article VII(B)(1)); (ii) failed to obey all laws and ordinances that he is obliged to enforce (General Order 1.04, Article VII(B)(24)); (iii) failed to perform a duty(General Order 1.04, Article XII(2)); (iv) engaged in neglect or dereliction in the performance of official duties (General Order 1.04, Article XII(5)); (v) engaged in act of delinquency seriously affecting his general character or fitness for office (General Order 1.04, Article XII(6)); and (vi) violated a duly constituted law (General Order 1.04, Article XII(14)). (Joint Exhibit 8 [page 27, lines 2-7]; Joint Exhibit 16, Appendix C; Joint Exhibit 17; Joint Exhibit 23; July 18, 2023 Transcript [page 36, lines 9- 10;page 44, lines 6-9].) 5. Page 7, Upon consideration of the entire record, the Town Board reiects the findings found in the paragraph that begins "Given the record before me..." and, further, finds as follows: Given the record, the Respondent has not met its burden of proof to have the Charges dismissed as untimely and the Town has established by a preponderance of the evidence that the Employee is guilty of Charge I, Specifications 1, 2 and 3. Page 32 November 21, 2023 Southold Town Board Board Meeting 6. Page 7, Based upon the aforesaid findings of the Town Board, the Board reiects the recommendation of the Hearing Officer found at the second paragraph after the Employee's name and hereby adopts the following: "is guilty of Charge I, Specifications 1, 2 and 3." 7. Page 7, the Town Board reiects the penalty suggested by the Hearing Officer and finds that a letter of reprimand is not necessary. The Board accepts that no further penalty is required beyond the aforesaid finding of guilt. ✓Vote Record-Resolution RES-2023-989 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Ave No/Nay Abstain Absent ❑ Tabled El Withdrawn Sarah E.Nappa Mover Q ❑ El ❑ 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 Voter Q....... ❑.................❑...... ❑..... ❑ Supt Hb vys Appt Scott A.Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost VL Public Hearings 1. PH 11/21 4:30 Pm Amendments to 2020 and 2022 CDBG History: 11/21/23 Town Board ADJOURNED Next: 01/16/24 RESULT: ADJOURNED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Greg Doroski, Councilman AYES: Nappa, Doroski, Mealy, Doherty, Evans, Russell Page 33