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TB-08/01/2017
ELIZABETH A.NEVILLE oSUFFoTown Hall,53095 Main Road TOWN CLERK j�o� 000y PO Box 1179 Southold,NY 11971 REGISTRAR OF VITAL STATISTICS o Fax(631)765-6145 MARRIAGE OFFICER y�01 �a�� Telephone: (631)765 - 1800 RECORDS MANAGEMENT OFFICER southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING August 1, 2017 7:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, August 1, 2017 at the Meeting Hall, Southold,NY. Call to Order 7:30 PM Meeting called to order on August 1, 2017 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name _Organization Title Status Arrived James Dinizio Jr Town of Southold I Councilman Present William P. Ruland Town of Southold Councilman Present _Jill Doherty _ Town of Southold ; Councilwoman Present ; RobertGhosio Town of Southold ; Councilman Present ? Louisa P. Evans £ Town of Southold ' Justice Absent Scott A. Russell s Town of Southold ; Supervisor Present Elizabeth A. Neville Town of Southold ! Town Clerk Present William M Duffy ; Town of Southold ` Town Attorney Present I. Reports 1. Planning Board Monthly Report 2. Department of Public Works Monthly Report 3. Land Tracking Report Il. Communications III. Public Notices IV. Discussion 1. 9:00 Am -Jack Slattery, Kevin Foote and George Lessler of the Police Advisory Committee with Chief Flatley Southold Tow Regular Board Meeting August 1, 2017 page 2 2. 9:30 Am - Councilman Ghosio, Councilwoman Doherty, Chief Flatley and Elizabeth Neville 3. 10:00 Am -Vincent Orlando, Roger Tabor, Michael Collins,Jamie Richter and John Sepenoski 4. 10:30 Am - Rona Smith with Denis Noncarrow 5. 10:45 Am -Duncan Kennedy, NFPC President, George Haase,NFPC Treasurer, and August Ruckdeschel, S.C. Economic Development with Denis Noncarrow 6. 10:15 Am -Justice Evans and Vincent Orlando 7. 11:00 Am - CANCELLED -Alcohol Farm Products Working Group Representatives 8. Request from the Fishers Island Telephone Corp. for a Letter of Support for a NYS Broadband Funding Grant Application 9. Request from Suffolk County for a Letter of Support for the Regional Bike Share Program 10. Letter of Support for Proposed Changes to LIRR Weekend Schedule 11. Dart Tree Farm-Appeal of Denial of Special Event Permit 12. Apartments in Accessory Buildings in Residential Zones 13. Motion To: Motion to Enter Executive RESOLVED that the Town Board of the Town of Southold hereby Enter into Executive Session at 12:08 PM for the purpose of discussing the following matters: Proposed Acquisition, Sale or Lease of Real Property Where Publicity of Would Substantially Affect the Value Thereof 12:30 PM - Melissa Spiro, Land Preservation Labor- Matters Involving Employment of Particular Person(S) Councilman Ruland re: Ethics Board Member 1:00 pm - Chief Flatley Litigation -NOCRO v. Town of Southold RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Russell ABSENT: Louisa P. Evans 14. EXECUTIVE SESSION - Proposed Acquisition, Sale or Lease of Real Property Where Publicity of Would Substantially Affect the Value Thereof Southold Tow Regular Board Meeting August 1, 2017 page 3 15. EXECUTIVE SESSION - Labor- Matters Involving Employment of Particular Person(S) 16. EXECUTIVE SESSION -Litigation 17. Suffolk County Shared Services Plan - First Official Draft 18. Motion To: Motion to Exit Executive RESOLVED that the Town Board of the Town of Southold hereby Exit/Recess from this Executive Session at 8:06 PM. RESULT: ADOPTED [UNANIMOUS] MOVER: James Dinizio Jr, Councilman SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Russell ABSENT: Louisa P. Evans Motion To: Recess 9:00 AM meeting RESOLVED that the Town Board of the Town of Southold hereby Recess this 9:00 AM meeting of the Town Board until the Regular 7:30PM Meeting of the Southold Town Board. RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER:Scott A. Russell, Supervisor AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Russell ABSENT: Louisa P. Evans Motion To: Reconvenes 9:00 AM meeting RESOLVED that the Town Board of the Town of Southold hereby reconvenes the 9:00 AM meeting of the Southold Town Board at this 7:30PM Regular Meeting of the Southold Town Board. RESULT: ADOPTED [UNANIMOUS] MOVER: Scott A. Russell, Supervisor SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Russell ABSENT: Louisa P. Evans Pledge to the Flay Opening Comments Supervisor Scott A. Russell SUPERVISOR RUSSELL: Please rise and join in the Pledge of Allegiance. Thank you. I would invite anybody that would like to comment on any of the agenda items to please feel free? Those of you that are here for the appeal, that will be separate. (No response) Southold Tow Regular Board Meeting August 1, 2017 page 4 V. Resolutions 2017-656 CATEGORY. Audit DF.PARTHENT.• Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated August 1,2017. ✓Vote Record-Resolution RES-2017-656 10 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ___... ___ - __,____ __—_.. ❑ Withdrawn James Dmizio Jr Voter lZ ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter z ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter ❑ ❑ ❑ 0 ❑ Supt Hgwys Appt Scott A.Russell Voter z ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-657 CATEGORY.• Set Meeting DEPARTMENT.• Town Clerk Next Town Board Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday,August 15,2017 at Southold Town Hall, 53095 Main Road, Southold, New York at 4:30 P. M.. ✓Vote Record-Resolution RES-2017-657 0 Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated .lames Dmizio Jr Voter z ❑ ❑ ❑ ❑ Tabled William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt Jill Doherty Mover z ❑ ❑ ❑ ❑ Tax Receiver's Appt Robert Ghosio Voter z El El ❑ Rescinded Louisa P Evans Voter ❑ ❑ ❑ 0 ❑ Town Clerk's Appt Scott A Russell Voter RI ❑ ❑ ❑ ❑ Supt Hgwys Appt 0 No Action Southold Tow Regular Board Meeting August 1, 2017 page 5 ❑ Lost 2017-658 CATEG ORY.• Bid Acceptance DEPARTMENT. Public Works Accept Bid for Used DPW Truck RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Steven Zanazzi in the amount of$756.00 for Asset# 3184, 2004 Green F250 pick up, Vin# 1 FTNF21 L34ED81148. ✓Vote Record-Resolution RES-2017-658 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dinizio Jr Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter ❑ ❑ ❑ 0 ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Acton ❑ Lost 2017-659 CATEGORY: Employment-Town DEPARTMENT: Accounting Appoints FT Minibus Driver-Carol Hydell RESOLVED that the Town Board of the Town of Southold hereby appoints Carol Hydell to the position of a Full Time Mini Bus Driver for the Human Resource Center, effective August 3, 2017, at a rate of$45,006.25 per annum. ✓Vote Record-Resolution RES-2017-659 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Defeated William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Tabled Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Withdrawn Robert Ghosio Voter 0 ❑ ❑ ❑ 0 Supervisor's Appt Louisa P Evans Voter 0 0 0 0 Southold Tow Regular Board Meeting August 1, 2017 page 6 ❑ Tax Receiver's Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2017-660 CATEGORY.- Refund DEPARTMENT: Town Clerk Refunds-Beach Parking Permits RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund of$10.00 each to the following persons as they do not qualify for a resident beach parking permit: Jorge Ramiro Guaman Pavana 6901 Glen Ridge Circle, Apt B 1 Glen Burne AA, MD 21061 Pavlos Milonakis 58 Wilmarth Avenue Greenport,NY 11944 ✓Vote Record-Resolution RES-2017-660 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled _ _ _ _ _ _ ❑ Withdrawn James Dmizio Jr Voter Q ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter Z ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder El ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter ❑ ❑ ❑ Q ❑ Supt Hgwys Appt Scott A Russell Voter 171 ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-661 CATEG ORY.• Budget Modification DEPARTMENT: Police Dept Southold Tow Regular Board Meeting August 1, 2017 page 7 Police Department-Budget Modification Financial Impact:Reallocation offunds to alleviate negative balance following employee's retirement RESOLVED that the Town Board of the Town of Southold hereby modifies the 2017 General Fund Whole Town budget as follows: From: A.1990.4.100.200 Police Retirement Reserve $112,965.00 Total $112,965.00 To: A.3120.1.100.400 Police/P.S./Sick Earnings $112,965.00 Total $112,965.00 ✓Vote Record-Resolution RES-2017-661 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled _ ❑ Withdrawn James Dmizio Jr Voter ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover D ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter ❑ ❑ ❑ 0 ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-662 CATEGORY: Bid Acceptance DEPARTME NT.• Highway Department Reject Bids for Tree and Stump Removal RESOLVED that the Town Board of the Town of Southold hereby rejects any and all bids received for removal of trees and limbs. ✓Vote Record-Resolution RES-2017-662 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ,lames Dnnzio Jr Mover D ❑ ❑ ❑ ❑ Defeated ❑ Tabled William P Ruland Voter ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Voter ❑ ❑ ❑ 0 0 Rescinded Scott A Russell Voter 9 ❑ ❑ 11 Southold Tow Regular Board Meeting August 1, 2017 page 8 ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2017-663 CATEGORY.- Public Service DEPAREVENT: Town Clerk Appoint a Temporary Marriage Officer RESOLVED that the Town Board of the Town of Southold hereby appoints Major William Charles Grigonis as a Temporary Marriage Officer for the Town of Southold, on Saturday, September 2, 2017 only, to serve at no compensation. ✓Vote Record-Resolution RES-2017-663 0 Adopted ❑ Adopted as Amended ❑ Defeated 11 Tabled Yes/Aye No/Nay Abstain _Absent ❑ Withdrawn James Dimzio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder, 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter ❑ ❑ 0 ❑ ❑ Town Clerk's Appt Louisa P Evans Voter ❑ ❑ ❑ D ❑ Supt Hgwys Appt Scott A.Russell Voter D ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-664 CATEGORY.• Budget Modification DEPARTMENT.• Human Resource Center KH Donation Allocation Financial Impact:Reallocation of donations received for the Katinka House Adult Day care program to Adult Day care supplies. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2017 General Fund Whole Town budget as follows: To: Revenues Gifts and Donations Southold Tow Regular Board Meeting August 1, 2017 page 9 A.2705.50 Adult Day Care Donations $1,640.00 Total: $1,640.00 To: Appropriations Programs for the Aging A.6772.4.100.120 Adult Day Care Supplies $1,640.00 Total: $1,640.00 ✓Vote Record-Resolution RES-2017-664 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled - - --- -- ------ - - -- ❑ Withdrawn James Dmizio Jr Voter 0 -❑ ❑ ❑ ❑ Supervisor's Appt Welham P Roland Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosto ; Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter ❑ ❑ ❑ 0 ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-665 CATEGORY: Attend Seminar DEPARTMENT: Human Resource Center Pernfission for Jacqueline Martinez, Senior Citizens Center Manager to Attend Training. RESOLVED that the Town Board of the Town of Southold hereby grants permission to Jacqueline Martinez, Senior Citizens Center Manager, to attend a two part seminar "Domestic Violence in Later Life" and "Mental Health First Aid" sponsored by the New York State and Suffolk County Offices for the Aging on July 31, 2017 and August 23, 2017 at the Melville Marriott. All expenses for travel to be a legal charge to the 2017 Programs for the Aging Budget. ✓Vote Record-Resolution RES-2017-665 0 Adopted _ __ _ _- ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Tabled William P Ruland Seconder, 0 ❑ ❑ ❑ ❑ Withdrawn Jill Dohertv Voter D ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Voter ❑ ❑ ❑ 0 ❑ Rescinded Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt 0 Supt Hgwys Appt Southold Tow Regular Board Meeting August 1, 2017 page 10 ❑ No Action ❑ Lost 2017-666 CATEGORY. Attend Seminar DEPARTMENT. Justice Court Judge Brian J. Hughes Attend Seminar RESOLVED that the Town of Southold hereby grants permission to Justice Brian J. Hughes to attend the National Association of Drug Court Professionals in Washington, D.C. on July 9-12, 2017. All expenses to be charged to the 2017 Justice Court budget. ✓Vote Record-Resolution RES-2017-666 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay _ Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Mover 0 ❑ ❑ ❑ El Supervisor's Appt William P Ruland Voter D ❑ ❑ El ❑ Tax Receiver's Appt Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter ❑ ❑ ❑ 0 ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-667 CATEGORY Contracts, Lease&Agreelnents DEPA RTIMTENT. Fishers Island Ferry District FIFD-Munnatawket 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 24, 2017 regarding the re-powering of the MV Munnatawket. ✓Vote Record-Resolution RES-2017-667 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Defeated William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Tabled Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Withdrawn Robert Ghosio Voter 0 ❑ ❑ 11 Southold Tow Regular Board Meeting August 1, 2017 page 11 ❑ Supervisor's Appt Louisa P Evans Voter ❑ ❑ ❑ 0 ❑ Tax Receiver's Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2017-668 CATEGORY.• Contracts, Lease&Agreements DEPARTMENT. Fishers Island Ferry District FIFD-Election Inspector 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 24, 2017 in regard to Election Inspectors. ✓Vote Record-Resolution RES-2017-668 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter ❑ ❑ ❑ 0 ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost Comment regarding resolution 669 COUNCILMAN RULAND: Discussion? Question for the Town Attorney, should it not read Fishers Island Ferry District Commissioners? To make it perfectly clear? TOWN ATTORNEY DUFFY: Yes. COUNCILMAN RULAND: Can we amend it? TOWN CLERK NEVILLE: Yes. Southold Tow Regular Board Meeting August 1, 2017 page 12 COUNCILMAN RULAND: I am sorry but I think it's important. 2017-669 CATE,GORY.• Contracts, Lease&Agreements DEPARTMENT. Fishers Island Ferry District FIFD-Lamb and Barnosky, LLP 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 24, 2017 in regard to Lamb and Barnosky, LLP as legal defensive for the following Fishers Island Ferry District Commissioners: Andrew Ahrens, William R. Bloethe II, Peter Rugg, and Dianna Shillo. ✓Vote Record-Resolution RES-2017-669 ❑ Adopted © Adopted as Amended ❑ Defeated yes/Aye �No/Nay y Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter D ❑ ❑ ❑ ❑ Supervisor's Appt William P.Ruland ' Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter ❑ ❑ ❑ D ❑ Supt Hgwys Appt Scott A.Russell Voter 2 ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-670 CATEGORY: Budget Modification DEPARTMENT: Police Dept Police Department-Budget Modification Financial bnpact:PD Donation RESOLVED that the Town Board of the Town of Southold hereby increases the 2017 General Fund Whole Town budget as follows: To Revenues: A.2705.40 Gifts & Donations $1,000.00 Total $1,000.00 To Appropriations: Southold Tow Regular Board Meeting August 1, 2017 page 13 A.3120.2.200.200 Office Equipment/Chairs $1,000.00 Total $1,000.00 ✓Vote Record-Resolution RES-2017-670 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled _ ❑ Withdrawn .lames Dmizio Jr Mover 0 11 11i ❑ ❑ Supervisor's Appt William P Roland Seconder, 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter ❑ ❑ ❑ 0 ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-671 CATEGORY.- Budget Modification DEPARTMENT: Solid Waste Management District SWMD Budget Mods Financial Impact: To cover overdrawn vacation earnings line; cost to locate, diagnose and repair hydraulic and A/C system fluid discharges, and replacement of parking brake cable on 966 CAT; and random engine shutdown problem on Volvo loader. CAT effort required dealer involvement to dis- assemble vehicle cab and dash board assembly. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2017 Solid Waste Management District budget as follows: From: SR 1490.1.100.200 Admin. Overtime Earnings $ 800.00 SR 8160.2.500.200 Garage & Shop Equipment 965.00 SR 8160.2.500.250 Landscaping Equipment 2,500.00 SR 8160.4.100.551 Maint/Supply CAT 966 4,000.00 SR 8160.4.100.573 Maint/Supply Trommel Screen 6,000.00 Total $14,265.00 To: SR 1490.1.100.300 Vacation Earnings $ 800.00 SR 8160.4.400.651 Repairs Volvo Loader 965.00 SR 8160.4.400.655 Repairs CAT 966 12,500.00 Total $14,265.00 Southold Tow Regular Board Meeting August 1, 2017 page 14 ✓Vote Record-Resolution RES-2017-671 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent El Tabled 0 Withdrawn James Dinizio Jr Voter Q ClEl❑ ❑ Supervisor's Appt William P Ruland Seconder Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover Q ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter Q ❑ j El ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter ❑ ❑ ❑ i Q ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-672 CATEGORY: Public Service DEPARTMENT: Recreation Petty Cash for Summer Seasonal Employees-August Hires Resolved that the Town Board of the Town of Southold authorize Southold Town beach attendants (2 employees) to be supplied with a petty cash fund in the amount of $75.00 per person to enable them to make change for non-resident beach permits. All employees will be required to return this petty cash to the town clerk's office at the conclusion of the beach season. Check in the amount of $150.00 to be made payable to Janet Douglass; said charge to be made to A210, Petty Cash. ✓Vote Record-Resolution RES-2017-672 Q Adopted ❑ Adopted as Amended ❑ Defeated - -- - - - - Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter Q ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Mover Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Dolierty Voter Q ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder, Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter ❑ ❑ ❑ Q ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ El 11 ❑ No Action 0 Lost Southold Tow Regular Board Meeting August 1, 2017 page 15 2017-673 CATEGORY: Refund DEPARTMENT. Town Clerk Various Clean Up Deposits WHEREAS the following groups have supplied the Town of Southold with a refundable Clean- up Deposit fee, for their events and WHEREAS the Southold Town Police Chief, Martin Flatley, has informed the Town Clerk's office that this fee may be refunded, now therefor be it RESOLVED that Town Board of the Town of Southold hereby authorizes a refund be issued in the amount of the deposit made to the following Name Date Received Amount of Deposit North Fork Country Club 4/27/17 $250.00 PO Box 725 Cutchogue, NY 11935 Siobhan Roso 7/20/17 $250.00 49N 8th Street, Unit 5C Brooklyn,NY 11249 Blush Group New York, LLC 7/12/17 $500.00 1385 Seabury Avenue Bronx,NY 11354 ✓Vote Record-Resolution RES-2017-673 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder, 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter ❑ ❑ ❑ 0 ❑ Supt H,-wys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost Southold Tow Regular Board Meeting August 1, 2017 page 16 Comment regarding resolution 674 COUNCILMAN RULAND: Discussion? Do you think we could add effective through and then have the Town Clerk put the date and where the vacancy exists, there has to be a term where it expires? TOWN CLERK NEVILLE: I shall do that. COUNCILMAN RULAND: I think that should be included. 2017-674 CATEGORY.• Committee Appointment DEPARTMENT.- Government Liaison Economic Development Committee Appointment RESOLVED that the Town Board of the Town of Southold hereby appoints Leslie Merinoff to the Economic Development Committee to fill a vacancy, effective immediately, for a term of office to expire on March 31, 2019 to serve in this capacity without compensation. ✓Vote Record-Resolution RES-2017-674 ❑ Adopted Rl Adopted as Amended ❑ Defeated -- ,T - yes/Aye No/Nay Abstain w Absent ❑ Tabled _ _ , _ ❑ Withdrawn James Dmizio Jr Voter 14 ❑ ❑ ❑ ❑ Supervisor's Appt William P.Ruland Mover lz ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder 21 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter LSI ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter ❑ ❑ ❑ Q ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-675 CATEGORY. Close/Use Town Roads DEPARTAIENT: Town Clerk Grant Police Department Assistance to Cutchogue Fire Department Chicken BBQ Financial Impact: Cost Analysis from PD is$660.33 RESOLVED the Town Board of the Town of Southold hereby grants Police Department assistance to the Cutchogue Fire Department for its Annual Chicken BBQ on Saturday, August 26, 2017 at the Cutchogue Fire Department field, 260 New Suffolk Road, Cutchogue, provided Southold Tow Regular Board Meeting August 1, 2017 page 17 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-2017-675 0 Adopted ❑ Adopted as Amended ❑ Defeated yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dtmzto Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter ❑ ❑ ❑ 0 ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action T ❑ Lost 2017-676 CATEGORY: Refund DEPARTUENT.• Zoning Board of Appeals En-Consultants for Astley, Christopher RESOLVED that the Town Board of the Town of Southold hereby grants a refund to the following applicant; as the Zoning Board of Appeals has been notified by the Building Department that pursuant to Section 280-116 of the Code of the Town of Southold, a variance is no longer required. En-Consultants $1,000.00 Appeal No. 7038 1319 North Sea Road Southampton,NY 11968 ✓Vote Record-Resolution RES-2017-676 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled [I Withdrawn James Dmizio Jr Voter 0 ❑ El ❑ Supervisor's Appt William P Ruland Mover 0 ❑ ❑ El ❑ Tax Receiver's Appt Jill Doherty Voter 0 11 ❑ ❑ Rescinded Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter ❑ ❑ ❑ 0 ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action 0 Lost Southold Tow Regular Board Meeting August 1, 2017 page 18 2017-677 CATEGORY: Budget Modification DEPARTMENT: Police Dept Police Department-Budget Modification Financial Impact:Reallocation of funds to cover over expended budget line RESOLVED that the Town Board of the Town of Southold hereby modifies the 2017 General Fund Whole Town budiset as follows: From: A.3020.4.600.400 Public Safety Communications/Training $1,500 Total $1,500 To: A.3020.4.100.600 Public Safety Communications/ Uniforms &Accessories $1,500 Total $1,500 ✓Vote Record-Resolution RES-2017-677 Rl Adopted ❑ Adopted as Amended ❑ Defeated ---- - - — - -- Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder, 2 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 13 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter ❑ ❑ ❑ 21 ❑ Supt Hgwys Appt Scott A Russell Voter 121 ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-678 CATEGORY: Employment-Town DEPARTMENT: Recreation Hire Seasonal Employees-Recreation Department RESOLVED that the Town Board of the Town of Southold hereby appoints the following 2017 seasonal summer staff for the period August 2 - September 4 pending Southold Tow Regular Board Meeting August 1, 2017 page 19 successful background search and certification completion as follows: STILLWATER LIFEGUARDS HOURLY SALARY 1. Cassidy Bertolas (1st year)............................................ $13.02 2. Matt Popkin (1 st year)................................................... $13.02 3. Chelsea Marlborough (1 st year)..................................... $13.02 4. Joseph Collins (1st year)................................................ $13.02 BEACH ATTENDANTS 1. Emily Talbot (1 st year)................................................. $10.08 2. Van Karsten (1 st year).................................................. $10.08 ✓Vote Record-Resolution RES-2017-678 CSI Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Mover El ❑ ❑ ❑ ❑ Supervisor's Appt William P Roland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter M ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 121 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter ❑ ❑ ❑ Rl ❑ Supt Hgwys Appt Scott A Russell Voter CSI ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-679 CATEGORY. Contracts,Lease&Agreements DEPAR7'WNT. Recreation Hire Fall 2017 Recreation Program Instructors Resolved that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an agreement with the following individuals and businesses for the Fall 2017 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 2017 instructor line A.7020.4.500.420. NF School For Dogs (Dog Obedience/Puppy STAR/Pre-Therapy) $90/person Sara Bloom (Memoir Writing) $30/hour Thomas Boucher(Guitar Lessons) $30/hour Henry Pesce (Pickleball) $30/hour Matt Campbell (Astronomy) $30/hour Heather Cusack (Herbs for Health) $30/hour Martha Eagle (Aerobics & Pilates) $35/class Southold Tow Regular Board Meeting August 1, 2017 page 20 Suzzanne Fokine (Plein Air Painting & Family Paint Night) $30/hour Bill Gatz(Youth Basketball) $30/hour Huck Hirsch(Mah Jongg) $30/hour Island's End Golf& Country Club (Golf Lessons) $100/person Rebecca Jens (Volleyball) $25/hour Rosemary Martilotta(Hatha& Chair Yoga) $62/class Kate McDowell (Tennis Lessons) $30/hour Judy McCleery (Photography for Teens & Social Media Bootcamp) $30/hour Linda Nemeth(Watercolor) $30/hour Craig Osmer(Youth Basketball) $30/hour Dr. Jeffrey Poplarski (Golf Fitness) $55/class R&C Agency Management(CPR Course) $55/person R&C Agency Management (Defensive Driving) $30/person Laurie Short (Fitness Classes) $30/hour Steve Smith(Weight Training) $90/person Joceyln Suglia(Youth Basketball) $30/hour Lisa Tettelbach(Greeting Cards) $30/hour Alfonso Triggiani (Ballroom Dancing) $65/person Kyleen Prentice Vernon (Irish Dance & Zumba for Kids) $30/hour Marilyn LoPresti (Walk 15 Aerobics &Tai Chi/Qi Gong) $30/hour Ryan Wesnofske (Youth Basketball) $30/hour ✓Vote Record-Resolution RES-2017-679 0 Adopted ❑ Adopted as Amended ❑ Defeated - - - ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn James Dmizio Jr Voter 2 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder 13 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover lZ ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter ❑ ❑ ❑ D ❑ Supt Hgwys Appt Scott A Russell Voter ID ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-680 CATEGORY• Budget Modification DEPARTMENT. Town Clerk 2017 Budget Modification- Town Clerk Financial Impact: to cover over expenditures RESOLVED that the Town Board of the Town of Southold hereby modifies the 2017 General Fund Whole Town budget as follows: Southold Tow Regular Board Meeting August 1, 2017 page 21 From A.1410.1.100.100 Town Clerk, P.S. F-T Regular Earnings $8,000.00 Total $8,000.00 To: A.1410.1.100.200 Town Clerk, P.S. F-T Overtime Earnings $1,500.00 A.1410.1.300.100 Town Clerk, P.S. F-T Seasonal Earnings 6,500.00 Total $8,000.00 From: A.1460.1.200.100 Records Management, P.S. - P-T Regular Earnings $2,500.00 Total $2,500.00 To: A.1460.1.100.200 Records Management, P.S. F-T Overtime Earnings $2,500.00 Total $2,500.00 ✓Vote Record-Resolution RES-2017-680 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Ayev No/Nay Abstain Absent ❑ Tabled ❑ WithdrawnJames Dmizio Jr Voter Rl ❑ ❑ ❑ ❑ Supervisor's Appt William P.Ruland Mover LSI ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty ' Seconder 2 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter ❑ ❑ ❑ LI ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-681 CATEGORY. Employment-FIFD DEP'ARTIVIENT. Accounting Accept Resignation ofAhkaisha Reyes RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted July 24, 2017 that accepts the resignation Southold Tow Regular Board Meeting August 1, 2017 page 22 effective July 15, 2017 of Ahkaisha Reyes, Cashier(FIFD) for the Fishers Island Ferry District. ✓Vote Record-Resolution RES-2017-681 0 Adopted ❑ Adopted as Amended ❑ Defeated --- - - —-- - - - Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P.Ruland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter ❑ ❑ ❑ 0 ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-682 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: DB.5130.4.400.650 Maintenance Repairs $350.00 To: DB.5110.4.100.100 Miscellaneous Supplies $ 44.00 DB.5130.2.500.300 Other Equipment $306.00 Total: $350.00 ✓Vote Record-Resolution RES-2017-682 0 Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated James Dimzio.Ir Mover 0 ❑ ❑ ❑ ❑ Tabled William P Roland Seconder 0 ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Rescinded Louisa P Evans Voter ❑ ❑ ❑ 0 ❑ Town Clerk's Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt 0 No Action Southold Tow Regular Board Meeting August 1, 2017 page 23 ❑ Lost 2017-683 CATEGORY. Public Service DEPARTMENT. Town Clerk Appoint a Temporary Marriage Officer RESOLVED that the Town Board of the Town of Southold hereby appoints Bob Ghosio, Jr. as a Temporary Marriage Officer for the Town of Southold, on Saturday,November 11, 2017 only,to serve at no compensation. ✓Vote Record-Resolution RES-2017-683 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover ; 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter ❑ ❑ 0 ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter ❑ ❑ ❑ 0 ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-684 CATEGORY.• Misc. Public Hearing DEPARTIVIE,NT. Town Clerk 8/15/17-4:31 Pm-Special Events Appeal RESOLVED the Town Board of the Town of Southold hereby sets Tuesday, August 15, 2017 at 4:31 PM at the Southold Town Meeting Hall, 53095 Main Road, Southold,New York as the time and place for a public hearing for the Appeal of the denial to hold a Special Event of The Old Town Farm. ✓Vote Record-Resolution RES-2017-684 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended James Dmizio,Ir Voter ❑ ❑ ❑ ❑ Defeated William P.Ruland Mover D ❑ ❑ ❑ ❑ Tabled Jill Doherty Seconder 0 ❑ ❑ ❑ 0 Withdrawn Robert Ghosio Voter 0 11 ❑ 11 Southold Tow Regular Board Meeting August 1, 2017 page 24 ❑ Supervisor's Appt Louisa P Evans Voter ❑ ❑ ❑ 2 ❑ Tax Receiver's Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2017-685 CATEGORY- Support/Non-Support Resolution DEPARTAIENT.• Town Attorney SC Regional Bike Share Initiative Letter of Support RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a letter of support for Suffolk County's application for its regional bike share initiative, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2017-685 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter El ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder lZ ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter lZ ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter ❑ ❑ ❑ R1 ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-686 CATEGORY. Support/Non-Support Resolution vEPARTAIENT.• Town Attorney FI Telephone Grant Letter of Support RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a letter of support for the Fishers Island Telephone grant application to New York State Broadband Program, subject to the approval of the Town Attorney. Southold Tow Regular Board Meeting August 1, 2017 page 25 ✓Vote Record-Resolution RES-2017-686 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled _ . _ _ _ _ ❑ Withdrawn James Dmizio Jr Mover ; 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P.Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter ❑ ❑ ❑ 0 ❑ Supt Hgwys Appt Scott A Russell Voter i 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-687 CATEGORY.• Refund DEPARTIIVENT: Town Attorney CPF Refund RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund (from Account#CM.1189.10)to Jose F. Sarabia and Juana J. Sarabia from the Town of Southold in the amount of$4,300.00 in connection with their payment of the Community Preservation Fund tax on property in Southold (SCTM#1000-040.00-05.00-011.000)purchased by Jose F. Sarabia and Juana J. Sarabia on July 19, 2017, as the transaction is exempt from the CPF tax. ✓Vote Record-Resolution RES-2017-687 0 Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent a _ _ ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover 0 El ❑ Robert Gl�osio Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt Louisa P Evans Voter ❑ ❑ ❑ 0 ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-688 CATEGORY. Committee Appointment Southold Tow Regular Board Meeting August 1, 2017 page 26 DEPARTAIENT: Town Clerk Board of Ethics Appointment RESOLVED that the Town Board of the Town of Southold hereby appoints Terrence I Nolan as a Committee Member of the Southold Town Board of Ethics, effective immediately, for a term of office to expire on March 31, 2018 to serve in this capacity without compensation. ✓Vote Record-Resolution RES-2017-688 Rl Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 121 ❑ ❑ ❑ ❑ Supervisor's Appt William P.Ruland Mover RI ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder IZ ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter ❑ ❑ ❑ CSI ❑ Supt Hgwys Appt Scott A Russell Voter p ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-689 CATEGORY: Contracts,Lease&Agreements DEPARTMENT. Town Attorney Statement of Engagement with Core BTS Inc. RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a Statement of Enga;;ement with Core BTS Inc. in connection with an emergency down incident at the rate of$195 an hour for the 3 hours of service rendered, all in accordance with the approval of the Town Attorney. ✓Vote Record-Resolution RES-2017-689 21 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter Q ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder El ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter p ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover l ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter ❑ ❑ ❑ 0 ❑ Supt Hgwys Appt Scott A Russell Voter 2 ❑ ❑ ❑ ❑ No Action 0 Lost Southold Tow Regular Board Meeting August 1, 2017 page 27 Motion To: Motion to recess to Public Hearing RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed at 7:46 PM in order to hold a public hearing. RESULT: ADOPTED [UNANIMOUS] MOVER: James Dinizio Jr, Councilman SECONDER:William P. Ruland, Councilman AWES: Dinizio Jr, Ruland, Doherty, Ghosio, Russell ABSENT: Louisa P. Evans 2017-690 CATEGORY.• Property Usage DEPARTMENT. Town Clerk Appeal of the Denial of the Special Events Application RESOLVED the Town Board of the Town of Southold hereby DENIES the Appeal of the North Fork Brewing Company of the Denial of its Special Events Application pursuant to Section 205- 6 of the Town Code of the Town of Southold, and be it FURTHER RESOLVED the Town Board of the Town of Southold hereby authorizes and directs that the late fee paid by the applicant in the amount of$250.00 be refunded. ✓Vote Record-Resolution RES-2017-690 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled __ ❑ Withdrawn James Dinizio Jr Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty ; Seconder 121 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter El ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter ❑ ❑ ❑ 0 ❑ Supt Hgwys Appt Scott A Russell Voter El ❑ ❑ ❑ ❑ No Action ❑ Lost Comments regarding resolution 690 SUPERVISOR RUSSELL: I regret saying yes to the denial, I just think you are a little bit early. We know where you guys are going, we are trying to work with you on the Committee. You just came a little early. Southold Tow Regular Board Meeting August 1, 2017 page 28 VI. Public Hearings 8/1/17 - 7:31 Pm - Special Events Appeal RESULT: CLOSED [UNANIMOUS] MOVER: James Dinizio Jr, Councilman SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Russell ABSENT: Louisa P. Evans Councilman Robert Ghosio, Jr. COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN the Town Board of the Town of Southold hereby sets Tuesday, August 1, 2017 at 7:31 PM at the Southold Town Meeting Hall, 53095 Main Road, Southold,New York as the time and place for a public hearing for the Appeal of the denial to hold a Special Event of North Fork Brewing Company, LLC. I do have an affidavit notarized that this hearing has been noticed on the Town Clerk's bulletin board and I do have a legal notice from the Suffolk Times dated July 27, 2017. 1 have the application for a special permit to hold a special event. I do have a denial here from the Zoning Board of Appeals dated July 7, 2017. And that's it. Supervisor Scott A. Russell SUPERVISOR RUSSELL: I would invite anybody that would like to comment on this hearing to please feel free? Peter Barraud N.F. Brewing Co. PETER BARRAUD: My name is Peter Barraud, I am one of the co-owners of North Fork Brewing Company LLC. I was hoping to gain some clarification here on our denial, it's my first go at this, so I wrote down a written statement so I don't go around in circles. SUPERVISOR RUSSELL: Sure. MR. BARRAUD: Dear Board members, Thank you for taking the time to allow our company to appeal the recent special event permit application denial from North Fork Brewing Company. After reading over the reasons for denial, compacted by the recent article written in the Suffolk Times with regards to reviewing the way the ZBA rules on special events, I felt it was necessary to speak with the Town Board face to face, as letters and applications really fall short on painting a clear picture of our mission for two family movie nights on our farm. To give an incredibly brief timeline, we submitted our application on June 9t" for two Thursday family movie nights on our hop farm. At each of these events, families were going to be able to sit within the hop field, a relatively recent industry on the North Fork, bring their own food, watch a family movie and taste beers from one of the very few Long Island farm breweries that work alongside our farm and feature our products. On June 15"' I received a list of concerns from the ZBA, all concerns directly related to our farm were with regards to parking, driver safety, and noise standards as outlined by Chapter 180 of the Town Code. An official response was sent back June 20"' and on July 7t" we received our official denial, listing new and separate reasons/concerns not previously Southold Tow Regular Board Meeting August 1, 2017 page 29 referenced in the letter I received prior. The two reasons for denial were `no clear and direct nexus between the marketing of our agricultural products as a hop farm, the product of beer to be sold and the movie night' and we also failed to submit our application 60 days prior to the events. July 17"' I submitted an appeal and today my shining face is before you all for an official appeal hearing. My purpose now is to address these two reasons for denial in hopes to bring greater clarity to the purpose of our event. With reference to `no direct nexus between the farm, movie and beer' I feel this is really a concern of how we are promoting our agricultural product. Within the letter, an example of weddings on wineries was used stating that their ability at these functions to promote their product enabled them to have the special event. Unfortunately, the beer industry, including the farming of raw ingredients and production as a whole varies greatly from wineries, the single most reason is the fact that unlike vintners making wind using only one major agricultural ingredient of grapes, beer requires multiple products (hops and grain for example) only one of which, hops, has been tested and proven to successfully grow on Long Island. Grain just isn't tested to have longevity out here yet. Our movie night was to bring local families that drive by our farms daily to understand the process of the industry and how farms are attempting to play a large role in the growing craft beer scene. The choice of Moustache Brewery was to further demonstrate how we market our products to small farm related businesses like Moustache and showcase our products. That's the only way we can showcase hops, minus the pickle hops we have available. I feel there is a great misconception of this recent industry on Long Island and misunderstanding that local young farmers are working hard to bring new job opportunities and business to the east end through hop farms and farm breweries. I can remember gaining a lot of respect and understanding through other businesses around here such as Old Field when we used to be able to go watch movies, my mother and father would bring us and we were able to bring our own food. The second criteria for our denial, as listed by the ZBA for not submitting the application at least 60 days prior. This is a very cut and dry reason, however, I was unaware that failure to submit 60 days prior would be a reason for denial. I was aware that there was risk of a $250 additional fee on top of our $150 application fee if submitted less than 60 days but I was unaware it would be criteria for denial. To some, this is a small sum of money, to us this represents money used for equipment like choir, the product used to grow plants on but we were willing to risk the initial cost to promote our product and educate the local families. In closing, this event was never to take advantage of our land, in which all development rights are intact. Our purpose was to charge no more than $10 a car load, to cover our application cost, bring our family and local families out on a summer week night no matter their budget, learn about our products and what our farm actually does with the hops and enjoy classic movies Jumanji and Home Alone. So I was just hoping to hear your take, I am sure you have all read the denial. Just to gain clarity, it was our first go at trying to promote an event. We weren't really able in the application to really narrate how we were promoting our product. I didn't really even know that it was a piece that we had to include in the application, the initial application. So I am not sure if you guys can elaborate, any comments? COUNCILMAN GHOSIO: I have a question? MR. BARRAUD: Yes? Southold Tow Regular Board Meeting August 1, 2017 page 30 COUNCILMAN GHOSIO: How do you plan on presenting the hops to these folks that come on movie night? MR. BARRAUD: Right, so we scheduled both movies when the hops are still on the choir and still at their greatest heights, the main reason so they can see them when they are ready to be harvested. The goal was to have some informational pieces on Moustache Breweries beer vending table to kind of explain the process of beer making and how we harvest our hops from their raw state into a finished state and then sell them to local breweries. The other way was we do have pickled hops that would be available because although the main purpose of hops is for the brewing industry, they are very tasty and also pickle like, so we were kind of hoping to show the different facets that hops are used for. That's how we were going to kind of profile our business. COUNCILMAN GHOSIO: And what movie were you planning showing? MR. BARRAUD: Yes, there are two great ones. Jumanji and Home Alone. We can't really show beer related movies I don't think anyone is going to want to bring their kids to those sort of movies, so we were hoping for family friendly movies. COUNCILWOMAN DOHERTY: Does Moustache Brewery use your hops? MR. BARRAUD: They do, they are one of the few farm, licensed farm breweries that are within a local radius that purchase our products, use our products and also help promote the purpose of the farm brewery act, which is agriculture, not so much beer making. SUPERVISOR RUSSELL: The special events legislation that was crafted a few years ago with ag and markets and with the local agricultural advisory committee and others, the whole purpose of it to allow special events in an agricultural zone was to promote and market the sale of the products that are grown there. You are not meeting that burden. There is no nexus between the agricultural production and the special event itself. First of all, there's no beer that's produced there, second, I think hops is about a half an acre, if that based on the aerial survey you gave us. Third, the sale of beer, it's not even an agricultural product, so you know, I am not sure where that nexus is to say that a special event should be held in an agricultural zone where it doesn't seem that related or at all related to agricultural sales. MR. BARRAUD: I guess when looking at the rationale of the vineyards and the wedding pieces, I would have just as much trouble in that frame of mind to see a connection as well, they are profiling their wine, I understand it's made there. right now there's no zoning codes to allow us to brew on our property so I thought of an avenue to kind of educate people on the hop industry as it's being young, it's to at least gather a local business that supports us and includes our product in it and I figured with the sale of those beers that include our hop in it, it would equivalent to the example of wineries selling their wine and profiling their wine at a wedding. SUPERVISOR RUSSELL: They are producing the wine on site that they are selling on site. That's promoting the sale of the agricultural product which is recognized in the code. Southold Tow Regular Board Meeting August 1, 2017 page 31 MR. BARRAUD: Right. SUPERVISOR RUSSELL: You are not doing that here. You are not producing there, you are not producing a product that's recognized as agriculture in Southold, whether it should be or not is an ongoing discussion we are having with a new committee. You know, but honestly, I have to be honest, what if another business wants to market their business? Are they allowed to do that in an agricultural zone? Is another restaurant, you know, whatever the business is, are they allowed to do that? We have already turned down applications in the past because there was no nexus. MR. BARRAUD: Right. I understand that, I mean, I have been to plenty of weddings out here as well and I am only referencing the weddings because that was the one example given to me. We all know that it's not just the wine that's featured there. There's food brought in, there's other beers that aren't made on premise that are sold there as well. I honestly thought that I could prove a nexus between that, I mean, it's still a related product and our product is featured in it. We just can't produce it on our property but another company can and we were featuring that. I mean, the whole purpose wasn't necessarily to promote Moustache Brewery as to promote the farm brewing license and the fact that we co-exist and that we follow through with it and we sell our products to them. And I mean, if we had taken out I guess, I am just asking questions and things like that, if we had taken out the Moustache Farm Brewery from that event permit, it would be very difficult for any farm to show a nexus in their product and show a movie night. I guess others, I would look for an example of a special event permit given out to an agriculturally zoned land that they were able to show a nexus between their product and the event, I guess berry picking or the lavender farm, I know you can go and pick lavender and things like that. Is that what the Town would look for, for a permit? SUPERVISOR RUSSELL: The lavender farm grows an agricultural product, then they sell their product on site. They don't apply for special events permits because they are not special events. MR. BARRAUD: Right. SUPERVISOR RUSSELL: But generally when a winery hosts a wedding, they show that the wine is being sold at the wedding. When a flower farm has a wedding, they show through the contract they have there that the flowers they are growing there, are being sold to the wedding party there. But we have had other applications in the past where we have said no because there doesn't seem to be any relationship between selling what you are growing and the event itself. MR. BARRAUD: Yes, and I absolutely understand that, I probably should have shown it, part of it I know we didn't apply within the 60 days and you know, it just doesn't allow for that time, I can see why you need more than 60 days to get a process like this approved, however, I probably could have approved because we have crops from previous years for sale. You know, frozen hops and things like that. We could have proven that they would have a booth and for sale then. There was just nothing in the initial permit for a special event that was specific for ag, I mean it would be great if there was a specific one. Unless there is and I missed it. So that, with the criteria completely listed there or brought up in the initial concerns given to me on the, the Southold Tow Regular Board Meeting August 1, 2017 page 32 first round of concerns, how far the movie is from the road and things like that. I probably could have been able to address that and proven that in writing. We could have featured our product for sale there, if that was a requirement. SUPERVISOR RUSSELL: Yes, I think that first letter was the information needed to deem the application complete. MR. BARRAUD: Okay. SUPERVISOR RUSSELL: It's not, you know, prove to us that this isn't a problem, this isn't a problem and we give the application or give the approval, that's not how it works. Also, I don't think you could have proven that you were selling agricultural products because you have got to sell it to the people that are there, (inaudible). MR. BARRAUD: Right. SUPERVISOR RUSSELL: I am glad you have a growing operation and we are going to consider these things but I am going to be honest, I think this application is a little unfair. First of all, it puts us in a position to having to say no to an application that clearly doesn't, isn't at all consistent with the spirit of the special events legislation, the goals of the special events legislation when it was originally crafted. Secondly, we sort of get put in this position of looking anti-business and anti-agriculture and the fact of the matter is, it's neither. MR. BARRAUD: Oh, I am completely aware of that and I am sorry if you interpreted it that way in this and I didn't want to put the town in a weird pickle by any means. I mean, our goal was to have families come to the farm and we could easily, we could sell the products directly to people, we are licensed to do that. I mean, if there are people that understand what a hop farm is, I am assuming they are into the craft beer, they might be a home brewer, they probably would purchase our products there for that. You know, the appeal of it wasn't to try to put the town into a weird situation or something that's trying to paint a picture of you guys being anti-ag or anti-business for that matter at all, it's just two movie nights. I just wanted to gain clarity, that's the purpose of this, that's why I asked my family to come along and hear about it. That's it. Because I would like to, clearly the summer is on its way out unfortunately we are already into August. The other date that was listed on our application is two days from now, it's not going to happen but maybe next year we could figure out a way to apply and follow the town code to be able to have a movie night out there. COUNCILMAN DINIZIO: Well, are you ready to try to create that nexus? MR. BARRAUD: Well, if the nexus... COUNCILMAN DINIZIO: I get that they are in the beginning of the application, you know, that's just the pro forma stuff, that's all, you know, what she asked you for. The parking plan, how are you going to place the speakers, that's all part and parcel, you know, they want to get an idea of what the site is like. Southold Tow Regular Board Meeting August 1, 2017 page 33 MR. BARRAUD: Right. COUNCILMAN DINIZIO: Then they look at the, she is going to look at the application and she is going to get information from the Planning Board, the Police. That's how that application process works. And based on what she made her decision, you know, I don't think she really had enough time to really get you to, (inaudible). It was too short an amount of time. That's what I am getting at and the second thing is, you need to create that nexus for us. we need to understand you know, I am getting a little bit that you are trying to say that because you are selling the hops to a distributor, that you distribute the hops to the person that's going to make the beer and bring it there, that's a stretch when you are thinking about how the wineries do it but certainly this, it's a way that you want to showcase your product. MR. BARRAUD: Yes. COUNCILMAN DINIZIO: I think we all want to encourage that, okay, but in the scheme of today's legislation and the decisions that the Chair of the Zoning Board has been making for the past, probably the past two years, there is no where she has approved anything anywhere as vague as you're asking us to. MR. BARRAUD: Right. I guess the purpose of the appeal is if I would come forth and show you that nexus and quite simply, if it's as simple as having our products showcased from previous crop years, I mean right now it's not ready to be harvested for 2017 but we could easily show that moving forward, that we have our products for sale for anyone that's attending the movie night to purchase. I mean, if that's all you need to show a nexus.... SUPERVISOR RUSSELL: Well, then we have to step back and look at the other issue, is that standing on its own, is the hops farm considered a bona fide agricultural operation that, the way the code has defined it because you need at least seven acres and over $10,000 in production, if you are under seven acres, you need $50,000 in production. You are not there yet. You are not even close to there yet. MR. BARRAUD: Well, I know we coexist on a farm that meets all of that, we are a separate entity but combined within it, we lease land from a farm that does meet those criteria and I absolutely get that, again, if these were pieces that were listed in the application process for this, I probably could have done it. COUNCILMAN DINIZIO: Well, wait, stop there, because the reason why it's not is because it's in the ag law, right Scott? SUPERVISOR RUSSELL: We don't really... COUNCILMAN DINIZIO: It's how you define (inaudible)...that ag and markets tells us that this is what a farm is and then we have a certain amount of money that it takes all of those things make you what you claim to be. Southold Tow Regular Board Meeting August 1, 2017 page 34 MR. BARRAUD: Right. COUNCILMAN DINIZIO: And then we make our decision based on that. the permitting process is just a question of okay, yes, you have a product, you are a bona fide agriculture and okay, now you can apply for this permit and do it on this particular piece of land but... MR. BARRAUD: Right. COUNCILMAN DINIZIO: But you are saying you only have a couple of acres of hops and you are saying that's a bona fide operation because you have other crops. MR. BARRAUD: I mean, I am sure we can just sell flowers on the property too... COUNCILMAN DINIZIO: I get that, maybe that's what you do. maybe that's what you do, maybe have a fair that has some of that stuff, all of that stuff in it. MR. BARRAUD: Right. COUNCILMAN DINIZIO: Come, we have some hops here, we have flowers here, maybe that's the way you present it. MR. BARRAUD: The next time, absolutely. And then as far as, the final clarification piece is just, I was unaware that the timeframe is a reason for denial. Is that a reason that is commonly practiced because I did... COUNCILMAN DINIZIO: I think that is how she, the Chair of the Zoning Board, she has done that several times. MR. BARRAUD: Right. That's just kind of odd because there is a $250 additional fee to that, if you know, under that time frame, I know it's not a lot of money by any means but for me we wouldn't have wasted the $150 initial fee if we knew no matter what , separate from proving the nexus between the two pieces, I wouldn't have wasted the $150 just to be denied for the timeframe that I was unaware of. SUPERVISOR RUSSELL: That's fair, we'll look into that. COUNCILMAN DINIZIO: And that's one of the reasons we are looking at it. That's one of the reasons you read in the paper because there are some things that just kind of getting out of hand and we need to, in my opinion, we need to make it more of a public process for you people to come in and let the public have a say in these events that are going on. That's the direction we are going. MR. BARRAUD: Thank you. We will take this information and for next time. COUNCILMAN DINIZIO: Maybe the process will be different by the time you do it again. Southold Tow Regular Board Meeting August 1, 2017 page 35 SUPERVISOR RUSSELL: Please. Just to go back and clarify, we have actually had, this has been an ongoing discussion because people are stretching the special events code pretty far, so we've actually gone back and denied people until they can go back and show us that they are making their guests buy the stuff, whether it's Christmas trees or it's flowers, we are making them do that. Because that is what the original intent was. MR. BARRAUD: Right. Supervisor Russell SUPERVISOR RUSSELL: And when they can comply, we approve it. When they can't comply, we deny it. This hearing was closed at 8:06 PM Closing Comments Supervisor Russell SUPERVISOR RUSSELL: Would anyone else like to address the Town Board on any issue? (No response) Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 8:08 P.M. 4 Eli eth A.Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Russell ABSENT: Louisa P. Evans