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Home My WebLink AboutAG-08/15/2017 ELIZABETH A. NEVILLE Town Hall, 53095 Main Road TOWN CLERK PO Box 1179 Southold, NY 11971 REGISTRAR OF VITAL STATISTICS Fax (631) 765-6145 MARRIAGE OFFICER Telephone: (631) 765 - 1800 RECORDS MANAGEMENT OFFICER www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER AGENDA SOUTHOLD TOWN BOARD August 15, 2017 4:30 PM POLICY: At scheduled Town Board meetings, the attending public is encouraged to briefly address the Town Board relating to agenda resolutions prior to their enactment; the public will also be given time at the conclusion of the regularly scheduled business agenda to address the Board on any given topic. ONLINE ACCESS: The Agenda is generally available the Friday before the meeting. The video of the meeting is usually available 1-2 hours after the meeting. Minutes with adopted resolutions are available 1-2 days after the meeting. A full copy of the minutes, agenda and meeting video can be viewed in one of two ways: (1) The town of Southold website: www.southoldtownny.gov Click on “Town Board On- Line”; Click Box “Yes” to be redirected to IQM2 and you will then be redirected to the Town Clerk online site. (2) www.townclerk.com Enter zip code 11971 in box on lower right hand side and “enter”. On the left hand side of screen a dark blue box will pop up, you will see "Town of Southold, Long Island, NY", click on this and another box will pop up that will tell you that you are being directed to another site click on “Yes” to go into the Town Clerk site. Go to the date of the meeting and click on "Minutes Packet" this is the full copy of the resolutions. (Scroll to bottom of page for KEY to symbols). You can view the live video of the meeting by clicking on the camera symbol. All of this information is available 24/7. If you would like help navigating the site, please feel free to call my office 631-765-1800. CALL TO ORDER 4:30 PM Meeting called to order on August 15, 2017 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee NamePresentAbsentLateArrived Councilman James Dinizio Jr  Councilman William P. Ruland  Councilwoman Jill Doherty  Councilman Robert Ghosio  Justice Louisa P. Evans  Supervisor Scott A. Russell  Southold Town Meeting Agenda - August 15, 2017 Page 2 I. REPORTS 1. Town Clerk Monthly Report July 2017 2. Zoning Board of Appeals Monthly Report July 2017 3. Trustees Monthly Report July 2017 4. Recreation Department Monthly Report July 2017 5. Programs for the Disabled Monthly Report July 2017 II. PUBLIC NOTICES III. COMMUNICATIONS IV. DISCUSSION 1. EXECUTIVE SESSION - 9:00 Am - Rich Zuckerman Update on CSEA and PBA Negotiations 2. OPEN SESSION - 10:00 Am - Jeff Standish Beach/Road End Maintenance 3. 10:15 Am - Anne Surchin, V.P. Historic Preservation Orient Historic District 4. Councilman Ruland 2018 Fleet Requirements 5. Justice Evans Preserving the Fishers Island Parade Grounds 6. Amendments to Chapter 189 Beach Parking 7. EXECUTIVE SESSION - Proposed Acquisition, Sale or Lease of Real Property Where Publicity of Would Substantially Affect the Value Thereof 11:30 am - Melissa Spiro, Land Preservation Coordinator 8. EXECUTIVE SESSION - Labor - Matters Involving Employment of Particular Person(S) Southold Town Meeting Agenda - August 15, 2017 Page 3 9. EXECUTIVE SESSION - Litigation - Croteaux Vineyards v. ZBA - Town of Southold v. Vineyard 48 - NOCRO v. Town of Southold 10. 10:30 Am - Mayor George Hubbard Jr., Greenport Village and John Bredemeyer, Southold Town Trustee Pump-Out Boat Intermunicipal Agreement V. RESOLUTIONS 2017-702 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby August 15, 2017. Vote Record - Resolution RES-2017-702  Adopted Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  James Dinizio Jr  Tabled  Withdrawn  William P. Ruland Supervisor's Appt  Jill Doherty Tax Receiver's Appt Robert Ghosio  Rescinded Town Clerk's Appt Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell No Action  Lost  2017-703 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Next Town Board Meeting RESOLVED held, that the next Regular Town Board Meeting of the Southold Town Board be Tuesday, August 29, 2017 at Southold Town Hall, 53095 Main Road, Southold, New York at 7:30 P. M.. Southold Town Meeting Agenda - August 15, 2017 Page 4 Vote Record - Resolution RES-2017-703  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated James Dinizio Jr Tabled Withdrawn William P. Ruland  Supervisor's Appt  Jill Doherty  Tax Receiver's Appt  Robert Ghosio Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell  No Action Lost 2017-704 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification - New Pager/ Background Checks Financial Impact: Provide Funding for New Pager/Background Checks RESOLVEDmodifies the General Fund that the Town Board of the Town of Southold hereby 2017 budget as follows: From: A.1990.4.100.100 Unallocated Contingencies $1707 Total $1707 To: A.3410.4.100.100 Supplies & Materials $7.00 Fire Coordinator Supplies A.1310.4.500.300 Fee for Service, Non-Employ $700 Total $700 A.7020.4.500.420 Fee for Service, Non-Employ $1000 Youth Program Instructors Vote Record - Resolution RES-2017-704  Yes/AyeNo/NayAbstainAbsent Adopted  Adopted as Amended  James Dinizio Jr Defeated  William P. Ruland  Tabled  Jill Doherty  Withdrawn  Supervisor's Appt Robert Ghosio Southold Town Meeting Agenda - August 15, 2017 Page 5 Tax Receiver's Appt  Louisa P. Evans  Rescinded  Scott A. Russell Town Clerk's Appt Supt Hgwys Appt No Action Lost  2017-705 CATEGORY: Budget Modification DEPARTMENT: Police Dept Police Department-Budget Modification Financial Impact: Transfer of funds for the DOJ reimbursement from the 2017 BPVP RESOLVED modifies the 2017 General that the Town Board of the Town of Southold hereby Fund Whole Town Budget as follows: From: Revenues: Revenues A.4389.20 $1,300 TOTAL $1,300 To: Police/Soft Body Armor A.3120.2.500.700 $1,300 TOTAL $1,300 Vote Record - Resolution RES-2017-705  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  James Dinizio Jr  Tabled  Withdrawn William P. Ruland  Supervisor's Appt Jill Doherty Tax Receiver's Appt  Robert Ghosio  Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell No Action  Lost  Southold Town Meeting Agenda - August 15, 2017 Page 6 2017-706 CATEGORY: Attend Seminar DEPARTMENT: Assessors C. Glew to Attend Workshop RESOLVED that the Town Board of the Town of Southold hereby grants permission to Claire Glew to attend an Agricultural Assessment Workshop in Millbrook, New York on September 12, 2017, all expense to be a legal charge to the 2017 Assessors budget. Vote Record - Resolution RES-2017-706  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated James Dinizio Jr Tabled Withdrawn William P. Ruland  Supervisor's Appt  Jill Doherty  Tax Receiver's Appt  Robert Ghosio Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell  No Action Lost 2017-707 CATEGORY: Bid Acceptance DEPARTMENT: Highway Department Accept Bid Item #2 Road Treatment RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Corazzini Asphalt for Item #2, Oil and Stone: Southold Town Fishers Island Liquid Asphalt $4.90/ sq yd $7.90/sq yd Schim Mix $115.00/ton $300.00/ton Fog Coat $25.00/ga $100.00/ga Vote Record - Resolution RES-2017-707  Adopted Yes/AyeNo/NayAbstainAbsent Adopted as Amended James Dinizio Jr Defeated William P. Ruland  Tabled  Southold Town Meeting Agenda - August 15, 2017 Page 7 Withdrawn  Jill Doherty  Supervisor's Appt  Robert Ghosio Tax Receiver's Appt Louisa P. Evans  Rescinded Town Clerk's Appt Scott A. Russell  Supt Hgwys Appt  No Action  Lost  2017-708 CATEGORY: Bid Acceptance DEPARTMENT: Town Clerk Accept Bid for Road Treatment - Item #7 RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Thomas H. Gannon & Sons, Inc., for the application of Polymer Modified Emulsified Asphalt Pavement Type II Micro-Surfacing within the Town of Southold, all in accordance with the bid specifications and Town Attorney, as follows: BID # 1 Option #1 Option #2 Thomas Gannon & Sons Southold $4.49 $2.81 Fishers Is. $5.50 $3.65 Bid # 2 Southold $1.23 Fishers Is. $1.85 Vote Record - Resolution RES-2017-708  Adopted  Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated James Dinizio Jr Tabled  Withdrawn  William P. Ruland Supervisor's Appt  Jill Doherty  Tax Receiver's Appt  Robert Ghosio  Rescinded  Town Clerk's Appt  Louisa P. Evans Supt Hgwys Appt Scott A. Russell  No Action Lost  Southold Town Meeting Agenda - August 15, 2017 Page 8 2017-709 CATEGORY: Budget Modification DEPARTMENT: Police Dept Police Department-Budget Modification Financial Impact: Reallocation of budgetary funds for upcoming EMD training RESOLVED hereby modifies the 2017 General that the Town Board of the Town of Southold Fund Whole Town budget as follows: From: A.3020.4.200.100 Pub. Safety Comm/Utilities Telephone $1,000 Total $1,000 To: A3020.4.600.400 Pub. Safety Comm/CE Training $1,000 Total $1,000 Vote Record - Resolution RES-2017-709  Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated  James Dinizio Jr  Tabled  Withdrawn  William P. Ruland Supervisor's Appt  Jill Doherty  Tax Receiver's Appt  Robert Ghosio  Rescinded Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell  No Action  Lost  2017-710 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Engineering Change Order #7 W/Construction Consultants/LI, Inc. - Highway Maintenance Building RESOLVED that the Town Board of the Town of Southold hereby approves Change Order #7 to the Town of Southold Highway Maintenance Building Project Contract with Construction Consultants/LI, Inc. in the net amount of $3,551.68, pursuant to their Proposed Change Order Southold Town Meeting Agenda - August 15, 2017 Page 9 dated March 9, 2017, subject to the approval of the Town Engineer and Town Attorney. Vote Record - Resolution RES-2017-710  Adopted Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  James Dinizio Jr  Tabled  Withdrawn  William P. Ruland  Supervisor's Appt  Jill Doherty Tax Receiver's Appt Robert Ghosio  Rescinded Town Clerk's Appt Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell No Action  Lost  2017-711 CATEGORY: Budget Modification DEPARTMENT: Justice Court 2017 Budget Modification Financial Impact: To cover the purchase of scanner from the JCAP award. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2017 General Fund Whole Town budget as follows: To: A.1110.2.200.600 Other Office Equipment Shredder $1199.00 From: A.3089.30 JCAP Grant $1199.00 Vote Record - Resolution RES-2017-711  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  James Dinizio Jr  Tabled  Withdrawn William P. Ruland  Supervisor's Appt Jill Doherty Tax Receiver's Appt  Robert Ghosio  Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell No Action  Lost Southold Town Meeting Agenda - August 15, 2017 Page 10 2017-712 CATEGORY: Special Events DEPARTMENT: Town Clerk Family Day at North Fork Animal Welfare League RESOLVED that the Town Board of the Town of Southold hereby amends resolution #2017- 508, adopted at the June 2, 2017, regular Town Board meeting, as follows: RESOLVED that the Town Board of the Town of Southold hereby grants permission to the North Fork Animal Welfare League to hold Family Day on July 29, 2017 August 26, 2017, from 11:00 am to 3:00 pm at the Southold Town Animal Shelter, 165 Peconic Lane Peconic, NY provided they adhere to the Town of Southold Policy for Special Events on Town Properties and Roads. All Town fees for this event, with the exception of the Clean-up Deposit, are waived. Vote Record - Resolution RES-2017-712  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  James Dinizio Jr  Tabled  Withdrawn  William P. Ruland  Supervisor's Appt  Jill Doherty Tax Receiver's Appt Robert Ghosio  Rescinded Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell No Action  Lost  2017-713 CATEGORY: Bid Acceptance DEPARTMENT: Highway Department Accept Bid Item #8 Road Treatment RESOLVED that the Town Board of the Town of Southold hereby accepts the following bids for Item #8, Type 6 Asphalt, to be picked up by the Town: East Island Asphalt Corp Bid #1 $85.00 Corazzini Asphalt Bid #2 $72.00 Southold Town Meeting Agenda - August 15, 2017 Page 11 Vote Record - Resolution RES-2017-713  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated James Dinizio Jr Tabled Withdrawn William P. Ruland  Supervisor's Appt  Jill Doherty  Tax Receiver's Appt  Robert Ghosio Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell  No Action Lost 2017-714 CATEGORY: Bid Acceptance DEPARTMENT: Highway Department Accept Bid Item #5 Road Treatment RESOLVED that the Town Board of the Town of Southold hereby accepts the following bid for Item #5, Type 6 Asphalt Road Treatment: Corazzini Asphalt Southold Fishers Island Virgin Materials 100-250 ton $114.00 $375.00 250-500 ton $98.00 $335.00 500-1000 Ton $90.00 $290.00 over 1000 Ton $90.00 $290.00 30% RAP 100-250 ton $95.00 $299.00 250-500 ton $85.00 $295.00 500-1000 Ton $80.00 $260.00 over 1000 Ton $77.40 $260.00 Bid # 3 $4.00 $20.00 Bid # 4 $8.00 $90.00 Bid # 5 $1.20 $7.00 Bid # 6 $120.00 Southold Town Meeting Agenda - August 15, 2017 Page 12 Vote Record - Resolution RES-2017-714  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated James Dinizio Jr Tabled Withdrawn William P. Ruland  Supervisor's Appt  Jill Doherty  Tax Receiver's Appt  Robert Ghosio Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell  No Action Lost 2017-715 CATEGORY: Surplus Equipment DEPARTMENT: Human Resource Center Decommission HRC Leased Vehicle N-16 and Return to Suffolk County RESOLVED that the Town Board of the Town of Southold hereby declares the following equipment to be surplus equipment due to extreme wear and tear and excess mileage. HRC Fleet Vehicle N-16, a 2001 Dodge Suburban (VIN # 2B4HB15X31K557104/ Town Asset # 2704). This is a Suffolk County owned vehicle leased by the Town. This vehicle will be returned to the Suffolk County Department of Public Works in Yaphank immediately and removed from the Town’s insurance. Vote Record - Resolution RES-2017-715  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  James Dinizio Jr  Tabled  Withdrawn William P. Ruland  Supervisor's Appt Jill Doherty Tax Receiver's Appt Robert Ghosio  Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell No Action  Lost  2017-716 Southold Town Meeting Agenda - August 15, 2017 Page 13 CATEGORY: Budget Modification DEPARTMENT: Fishers Island Ferry District FIFD - Write Off Uncollectable Financial Impact: write off RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District Board of Commissioners dated July 10, 2017 in regard to the amount of $5,124.35. Vote Record - Resolution RES-2017-716  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  James Dinizio Jr  Tabled  Withdrawn  William P. Ruland  Supervisor's Appt Jill Doherty Tax Receiver's Appt Robert Ghosio  Rescinded Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell No Action  Lost  2017-717 CATEGORY: Policies DEPARTMENT: Planning Board Accept Letter of Credit - Estates at Royalton that the Town Board of the Town of Southold hereby accepts the Irrevocable RESOLVED Standby Letter of Credit (ISLC) issued by Bank of America in the amount of $314,870.00 for the proposed Clustered Standard Subdivision entitled “The Estates at Royalton”, SCTM #1000-113- 7-19.23, located at 55 Cox Neck Road, Mattituck, as recommended by the Southold Town Planning Board, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2017-717  Adopted  Yes/AyeNo/NayAbstainAbsent Adopted as Amended  James Dinizio Jr  Defeated  William P. Ruland  Tabled WithdrawnJill Doherty Supervisor's Appt Robert Ghosio  Tax Receiver's Appt  Louisa P. Evans  Rescinded  Scott A. Russell Town Clerk's Appt  Southold Town Meeting Agenda - August 15, 2017 Page 14 Supt Hgwys Appt  No Action  Lost 2017-718 CATEGORY: Performance Bond DEPARTMENT: Planning Board Accept Performance Guarantee Martz Standard Subdivision RESOLVED that the Town Board of the Town of Southold hereby accepts the cash payment in the amount of $6,425.00 (check # 5926) dated June 28, 2017 for the Performance Guarantee for the Martz Standard Subdivision, 555 & 315 Broadwaters Road, Cutchogue, SCTM # 1000-104- 12-6.1, as recommended by the Southold Town Planning Board, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2017-718  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated James Dinizio Jr Tabled Withdrawn William P. Ruland  Supervisor's Appt  Jill Doherty  Tax Receiver's Appt  Robert Ghosio Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell  No Action Lost 2017-719 CATEGORY: Budget Modification DEPARTMENT: Highway Department 2017 Budget Modification - Highway Financial Impact: to cover over expenditures RESOLVED that the Town Board of the Town of Southold hereby modifies the 2017 Highway Fund Part Town budget as follows: From: Southold Town Meeting Agenda - August 15, 2017 Page 15 DB.5110.4.400.300 Drainage Replacements $ 1,120.00 DB.5110.1.100.100 Full time Regular Earnings 10,000.00 Total: $11,120.00 To: DB.5140.4.400.600 Office Equip Maint/Repair $ 536.00 DB.5110.4.100.960 Drain Pipe/Rings/Cover 584.00 DB.5130.1.100.100 Brush weed Regular Earnings 10,000.00 Total: $11,120.00 Vote Record - Resolution RES-2017-719  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  James Dinizio Jr  Tabled  Withdrawn  William P. Ruland  Supervisor's Appt  Jill Doherty Tax Receiver's Appt Robert Ghosio  Rescinded Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell No Action  Lost  2017-720 CATEGORY: Road Dedications DEPARTMENT: Town Attorney Blossom Bend Dedication WHEREAS , Flower Hill Building Corp. has made application to the Town Board of the Town of Southold to dedicate certain roads in Southold, New York, to be known as “BLOSSOM LANE EXTENSION” and a “DRAINAGE AREA” as shown on a certain map entitled “Map of Flower Hill Bldg. Corp. clustered Conservation Subdivision of Beach Plum Homes”, filed in the Office of the Clerk of the County of Suffolk on November 1, 2006 as Map No. 11458, together with the release executed by the owner thereof; and WHEREAS , the Southold Town Superintendent of Highways has inspected the said highways and has advised the Town Board that said proposed highways comply in all respects with the specifications for the dedication of highways in the Town of Southold; now, therefore, be it RESOLVED , that in accordance with Section 171 of the Highway Law of the State of New York, consent be, and the same hereby is, given to the Superintendent of Highways to make an order laying out the aforesaid highways, to consist of lands described in said application as Southold Town Meeting Agenda - August 15, 2017 Page 16 shown on certain maps attached to said application; and be it FURTHER RESOLVED , that the Town Clerk be, and she hereby is, authorized and directed to forthwith 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-2017-720  Adopted Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  James Dinizio Jr  Tabled  Withdrawn  William P. Ruland  Supervisor's Appt  Jill Doherty Tax Receiver's Appt Robert Ghosio  Rescinded Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell No Action  Lost  2017-721 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Agreement with Chesterfield Associates, Inc RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Scott A. Russell to execute an agreement with Chesterfield Associates, Inc. renewing the contract dated August 17, 2015 for a period of one year pursuant to the terms of the aforementioned contract and the bid specifications, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2017-721  Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated James Dinizio Jr  Tabled  Withdrawn  William P. Ruland Supervisor's Appt  Jill Doherty  Tax Receiver's Appt  Robert Ghosio  Rescinded  Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell  No Action Lost  Southold Town Meeting Agenda - August 15, 2017 Page 17 2017-722 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Agreement with Latham RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Scott A. Russell to execute an agreement with Latham Sand and Gravel, Inc. renewing the contract dated August 17, 2015 for a period of one year pursuant to the terms of the aforementioned contract and the bid specifications, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2017-722  Adopted Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  James Dinizio Jr  Tabled  Withdrawn  William P. Ruland Supervisor's Appt  Jill Doherty  Tax Receiver's Appt Robert Ghosio  Rescinded Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt  Scott A. Russell  No Action  Lost  2017-723 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Retain Devitt Spellman Barrett LLP RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Attorney to retain Devitt Spellman Barrett LLP as Special Counsel to represent the Town of Southold in an action in Supreme Court, Suffolk County, commenced by Four Crows Inc., d/b/a Croteaux Vineyards. Vote Record - Resolution RES-2017-723  Adopted  Yes/AyeNo/NayAbstainAbsent Adopted as Amended Defeated James Dinizio Jr  Tabled  William P. Ruland  Withdrawn  Jill Doherty Supervisor's Appt  Robert Ghosio Tax Receiver's Appt  Rescinded  Louisa P. Evans  Town Clerk's Appt  Southold Town Meeting Agenda - August 15, 2017 Page 18 Supt Hgwys Appt  Scott A. Russell  No Action  Lost 2017-724 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Special Counsel for Surrey Lane, LLC 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 Town of Southold in an action in Supreme Court, Suffolk County, commenced by Surrey Lane, LLC. Vote Record - Resolution RES-2017-724  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated James Dinizio Jr Tabled Withdrawn William P. Ruland  Supervisor's Appt  Jill Doherty  Tax Receiver's Appt  Robert Ghosio Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell  No Action Lost 2017-725 CATEGORY: Committee Appointment DEPARTMENT: Supervisor Appoint Alcohol Farm Products Member RESOLVED that the Town Board of the Town of Southold hereby appoints Kristina Gabrielsen as a member of the Alcohol Farm Products Working Group, effective immediately, term to expire December 31, 2017. Vote Record - Resolution RES-2017-725  Adopted  Yes/AyeNo/NayAbstainAbsent Adopted as Amended James Dinizio Jr Defeated William P. Ruland  Tabled  Southold Town Meeting Agenda - August 15, 2017 Page 19 Withdrawn  Jill Doherty  Supervisor's Appt  Robert Ghosio Tax Receiver's Appt Louisa P. Evans  Rescinded Town Clerk's Appt Scott A. Russell  Supt Hgwys Appt  No Action  Lost  2017-726 CATEGORY: Employment - Town DEPARTMENT: Town Attorney Employment Termination WHEREAS, pursuant to Town Law Section 155 and Civil Service Law Section 75, a Hearing Officer was appointed to conduct a hearing on a disciplinary charge that was preferred against an Employee on or about December 30, 2016, with an amended charge served on or about February 7, 2017 (together, “the Charge”); and WHEREAS, on February 7, 2017, the Hearing Officer conducted a hearing; and WHEREAS, on May 12, 2017, the parties submitted post-hearing briefs to the Hearing Officer; and WHEREAS, on or about June 26, 2017, the Hearing Officer issued a decision in which he recommended that the Employee be found guilty of the Charge; and WHEREAS, in considering the totality of the evidence based upon the Record before him, the Hearing Officer recommended that the Employee be terminated from his employment; 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 3 a. In the second line: insert “not” before “bifurcated” (Transcript at p. 36). Southold Town Meeting Agenda - August 15, 2017 Page 20 2. Page 6 a. In the second paragraph: change “Flatley’s” with “Wysocki’s.” 3. Page 7: Delete the last sentence in the first paragraph. 4. Page 8 a. In the first paragraph, last sentence: delete “as if found guilty warrant a penalty of dismissal from service.” (Town Exhibit 2 contains no reference to a penalty.) 5. Page 9 a. In the second paragraph, last line: change “297e” to “207-c.” BE IT FURTHER RESOLVED that, effective August 15, 2017, the Employee #9774 is found guilty of the Charge and terminated from Town employment. Vote Record - Resolution RES-2017-726  Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated  James Dinizio Jr  Tabled  Withdrawn  William P. Ruland Supervisor's Appt  Jill Doherty  Tax Receiver's Appt  Robert Ghosio  Rescinded Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell  No Action  Lost  2017-727 CATEGORY: Employment - Town DEPARTMENT: Town Attorney Employment Termination WHEREAS, pursuant to Town Law Section 155 and Civil Service Law Section 75, a Hearing Officer was appointed to conduct a hearing on a disciplinary charge that was preferred against an Employee on or about December 30, 2016, with an amended charge served on or about February 8, 2017 (together, “the Charge”); and WHEREAS, on February 8, 2017 and March 3, 2017, the Hearing Officer conducted a hearing; and Southold Town Meeting Agenda - August 15, 2017 Page 21 WHEREAS, on June 8, 2017, the parties submitted post-hearing briefs to the Hearing Officer; and WHEREAS, on or about July 14, 2017, the Hearing Officer issued a decision in which he recommended that the Employee be found guilty of the Charge; and WHEREAS, on or about July 16, 2017, the Hearing Officer issued a revised decision correcting various typographical errors; and WHEREAS, in considering the totality of the evidence based upon the Record before him, the Hearing Officer recommended that the Employee be terminated from his employment; and WHEREAS, the Board, having reviewed the Record supporting the Decision, has determined that the Record 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 3 a. In the second line: insert “not” before “bifurcated” (Transcript at p. 43). 2. Page 8 a. In the second line: insert “and Town Law Section 155” after “Civil Service Law.” BE IT FURTHER RESOLVED that, effective August 15, 2017, the Employee #3832 is found guilty of the Charge and terminated from Town employment. Vote Record - Resolution RES-2017-727  Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated  James Dinizio Jr  Tabled  Withdrawn  William P. Ruland Supervisor's Appt  Jill Doherty  Tax Receiver's Appt  Robert Ghosio  Rescinded Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt  Scott A. Russell  No Action  Lost  Southold Town Meeting Agenda - August 15, 2017 Page 22 2017-728 CATEGORY: Special Events DEPARTMENT: Town Attorney Special Event Appeal Decision RESOLVED that the decision of the Chairperson of the Zoning Board of Appeals dated June 23, 2017 denying the Special Event application of Old Town Farm to hold a private wedding on September 30, 2017, is hereby reversed, and the Chairperson of the Zoning Board of Appeals is hereby directed to issue the Special Event permit for the aforementioned special event, subject to the following conditions: 1. That prior to the issuance of the Special Event Permit, the applicant shall provide proof of payment for 100 juvenile living Christmas Trees as set forth in the contract annexed to the application for a Special Evet Permit, and: 2. That any noise emanating from the subject property shall be in compliance with section 180-6 of the Town Code, and: 3. That there shall not be any amplified music at the subject property on the day of the event after 10:00 pm, and: 4. Access from Willow Pond Lane to be for Emergency Vehicles only. Vote Record - Resolution RES-2017-728  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated James Dinizio Jr Tabled Withdrawn William P. Ruland  Supervisor's Appt  Jill Doherty  Tax Receiver's Appt  Robert Ghosio Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell  No Action Lost VI. PUBLIC HEARINGS 1. 8/15/17 - 4:31 Pm - Special Events Appeal