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HomeMy WebLinkAboutAG-06/02/2009 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.southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER FINAL AGENDA SOUTHOLD TOWN BOARD June 2, 2009 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. CALL TO ORDER 4:30 PM Meeting called to order on June 2, 2009 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Present Absent Late Arrival ??? Councilman William Ruland ??? Councilman Vincent Orlando ??? Councilman Albert Krupski Jr. ??? Councilman Thomas H. Wickham ??? Justice Louisa P. Evans ??? Supervisor Scott Russell ??? Town Clerk Elizabeth A Neville ??? Town Attorney Martin D. Finnegan I. REPORTS 1. Recreation Department Monthly Report March 2009 2. Recreation Department Monthly Report April 2009 II. PUBLIC NOTICES 1. Comment Period Transportation Improvement Program Amendments Southold Town Meeting Agenda - June 2, 2009 Page 2 2. N Y S Liquor Authority - Application for Renewal Country Corner Cafe, Inc., 54560 Main Road, Southold Orient Country Store Ltd., 930 Village Lane, Orient III. COMMUNICATIONS IV. DISCUSSION 1. 10:00 A.M. - Heather Lanza Convenience Stores 2. 10:30 A.M. - Chief Cochran Education Seminars Request 3. Maritime Heritage Districts/ New Suffolk Waterfront Project 4. LWRP - Resignation and Appointment Police Advisory Committee - Reappointments and New Appointments 5. Cablevision Update Assistant Town Attorney Hulse 6. Goldsmith Inlet Scoping Issues 7. Home Rule Request 8. Griffin Street and Route 25 Issue 9. Lunch 10. A.8501, S.5661 An ACT to amend the general municipal law.... 11. Mattituck Inlet Letter of Support 12. Trailer Permit Application 13. 1:30 P.M. John Cushman Budget 14. 2:30 P.M. - EXECUTIVE SESSION - John Cushman, Heather Lanza Employment History / Status of Particular Person(s) - Planning Southold Town Meeting Agenda - June 2, 2009 Page 3 15. Executive Session Litigation - Heritage Lawsuit 16. Executive Session Litigation - Moy v. Trustees EVENTS 9:00 A.M. - Bombara Coastal Erosion Appeal MINUTES APPROVAL RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Tuesday, May 19, 2009 ? Vote Record - Acceptance of Minutes for May 19, 2009 4:30 PM Yes/Aye No/Nay Abstain Absent ? ? ? ? William Ruland ???????? Vincent Orlando ? Accepted ?????????? Accepted as Amended Albert Krupski Jr. ?? Tabled ???????? Thomas H. Wickham ???????? Louisa P. Evans ???????? Scott Russell RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Wednesday, May 27, 2009 ? Vote Record - Acceptance of Minutes for May 27, 2009 4:30 PM Yes/Aye No/Nay Abstain Absent ? ? ? ? William Ruland ???????? ? Vincent Orlando Accepted ?????????? Accepted as Amended Albert Krupski Jr. ?? Tabled ???????? Thomas H. Wickham ???????? Louisa P. Evans ???????? Scott Russell V. RESOLUTIONS 2009-484 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit 6/2/09 RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby June 2, 2009. Southold Town Meeting Agenda - June 2, 2009 Page 4 ? Vote Record - Resolution RES-2009-484 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-485 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Set Next Meeting 6/16/09 7:30 Pm RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, June 16, 2009 at the Southold Town Hall, Southold, New York at 7:30 P. M.. ? Vote Record - Resolution RES-2009-485 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-486 Tabled 5/19/2009 4:30 PM CATEGORY: Employment - FIFD DEPARTMENT: Accounting FIFD Longevity Salary Increase Nina Schmid WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their May 5, 2009 meeting to award a salary increase of 4% (due to 10 years in th service) to Assistant Manager Nina Schmid, effective May 19, and WHEREAS the Town Board of the Town of Southold is required to approve appointments and salary adjustments of employees of the Fishers Island Ferry District, now therefore be it Southold Town Meeting Agenda - June 2, 2009 Page 5 RESOLVED that the Town Board of the Town of Southold hereby increases the salary of Assistant Manager of the Fishers Island Ferry District Nina Schmid to $26.856 per hour (4% th increase having completed 10 years of active service). This increase will be effective May 19, 2009. ? Vote Record - Resolution RES-2009-486 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-487 Tabled 5/19/2009 4:30 PM CATEGORY: Employment - FIFD DEPARTMENT: Accounting 2009 COLA Increase for Part-Time FIFD Personnel WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their May 5, 2009 meeting to grant the following part-time personnel a 3 ½ % cost of living increase effective June 1, 2009, and WHEREAS the Town Board of the Town of Southold is required to approve appointments and salary adjustments of employees of the Fishers Island Ferry District, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby increases the salaries of the following part-time Fishers Island employees by 3 ½ %: Nicholas Bence Edward Bridgman Rod Brown Ben Burdick Don Casavant Robert Craft Josh Davis Paul Foley Peter Gilmore Logan Glidewell David Grote Steve Gural Tim Keating Derek Marks Jason Marks John McElligott John McVeigh Anthony Mirabelli Carl Ricker Ken Ricker Jack Searle Southold Town Meeting Agenda - June 2, 2009 Page 6 Russell Smith John Sanford Andrew Tulba Debra Doucette Nicholas Powell Debra Silva Leslie Tombari ? Vote Record - Resolution RES-2009-487 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-488 CATEGORY: Grants DEPARTMENT: Town Attorney Approve Waterwash Project for Mattituck Inlet Park RESOLVEDapproves the proposal that the Town Board of the Town of Southold hereby entitled “Waterwash ™ Stormwater Education and Remediation for Mattituck Inlet Park” , subject to the terms and conditions set forth by the Town of Southold Board of Trustees. ? Vote Record - Resolution RES-2009-488 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-489 CATEGORY: Surplus Equip - Non Usable DEPARTMENT: Data Processing Surplus Computer Equipment RESOLVEDdeclares the following that the Town Board of the Town of Southold hereby equipment to be surplus equipment: Style Service Tag Asset Class Asset Number Acquisition Date Camera 41504744 40 2381 9/10/1998 Southold Town Meeting Agenda - June 2, 2009 Page 7 Computer 7VEVQ 44 2547 10/23/1999 Computer 7VEQL 44 2548 10/23/1999 Computer HX759 44 2437 12/22/1998 Computer UH1M0 44 2486 1/29/1999 Computer G7JPP01 NA NA NA Computer 3ISL6 NA NA 5/11/2000 Computer 9T7930B NA NA 7/20/2000 Computer GH8930B NA NA 7/20/2000 Computer FT7930B NA NA 7/20/2000 Computer 9S7930B NA NA 7/20/2000 Computer 4S7930B NA NA 7/20/2000 Computer CH8930B NA NA 7/20/2000 Computer GT7930B NA NA 7/20/2000 Computer 7S7930B NA NA 7/20/2000 Computer US30565113 NA NA NA Computer UH1M0 44 2486 1/29/1999 Fax FAX2500L NA NA NA Fax B640 NA NA NA Laptop 3006R31 44 2945 11/12/2006 Laptop 289826303502142 44 2376 8/21/1998 Laptop 838116OBYA4498A 44 2423 9/04/1998 Laptop 4TSX011 44 2745 11/18/2001 Printer MY35HF6451 NA NA NA Printer A681768292 NA NA NA Printer 02200561856 NA NA NA Printer SG37DD121Q NA NA NA Printer BS9E028015 NA NA NA Printer AADN19521 NA NA NA Printer MY09H425KR NA NA NA Scanner SG08G2601H 40 2617 10/20/2000 UPS QB0237221778 NA NA NA RESOLVED Be it further that the Town Board authorizes and directs the Town Clerk to advertise for the sale of same. Southold Town Meeting Agenda - June 2, 2009 Page 8 ? Vote Record - Resolution RES-2009-489 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-490 CATEGORY: Budget Modification DEPARTMENT: Police Dept Budget Modification - Police Fiscal Impact: Unexpected repairs on outboards have put line overbudget RESOLVEDmodifies the 2009 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: From: A.3130.4.400.600 Buoy Maintenance $1,533.54 A.3130.4.400.700 Dock Rental 750.00 $2,283.54 To: A.3130.4.400.650 Vehicle Maintenance & Repairs $2,283.54 ? Vote Record - Resolution RES-2009-490 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-491 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District CBI Grinder Budget Mod Fiscal Impact: Needed to cover anticipated grinder expenses through 2009. Southold Town Meeting Agenda - June 2, 2009 Page 9 RESOLVEDmodifies the 2009 that the Town Board of the Town of Southold hereby Solid Waste Management District budget as follows: From: SR 8160.4.100.200 (Diesel Fuel) $ 5,000 SR 8160.4.400.665 (Contracted Repairs CBI Grinder) $ 3,000 To: SR 8160.4.100.596 (Maint/Supplies CBI Grinder) $ 8,000 ? Vote Record - Resolution RES-2009-491 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-492 CATEGORY: Attend Seminar DEPARTMENT: Town Attorney Grants Permission to Assistant Town Attorney Lori M. Hulse to Attend the Seminar Entitled “Basic Concepts in Legal Drafting” at the Suffolk County Bar Association Center in Hauppauge, New York RESOLVEDgrants permission to that the Town Board of the Town of Southold hereby Assistant Town Attorney Lori M. Hulse to attend the seminar entitled “Basic Concepts in Legal Drafting” at the Suffolk County Bar Association Center in Hauppauge, New York , on June 16, 2009. All expenses for registration and travel are to be a charge to the 2009 Town Attorney budget. ? Vote Record - Resolution RES-2009-492 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded Southold Town Meeting Agenda - June 2, 2009 Page 10 2009-493 CATEGORY: Committee Resignation DEPARTMENT: Town Clerk Resignation of CAC Chairman RESOLVEDaccepts with regret the that the Town Board of the Town of Southold hereby resignation of Donald E. Wilder from his position on the Conservation Advisory Council, effective immediately. ? Vote Record - Resolution RES-2009-493 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-494 CATEGORY: Attend Seminar DEPARTMENT: Town Clerk Grant Permission to Court Officer Donald Sileo to Attend an Annual Recertification for Firearm Training RESOLVED grants permission to Court that the Town Board of the Town of Southold hereby Officer Donald Sileo to attend an annual recertification for firearm training, on Saturday, June 27, 2009 at the Suffolk County Sheriff’s Firearms Range in Westhampton, New York. All expenses for training to be a legal charge to the Justices 2009 budget. ? Vote Record - Resolution RES-2009-494 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-495 CATEGORY: Employment - Town DEPARTMENT: Town Clerk Southold Town Meeting Agenda - June 2, 2009 Page 11 Appoint Summer Staff - Recreation RESOLVEDappoints the following 2009 that the Town Board of the Town of Southold seasonal summer staff for the period June 27 - September 7, 2009 as follows: STILLWATER LIFEGUARDS HOURLY SALARY 1. Conor Corridan (5th year)…………………………………$13.27 2. Ivy Croteau (1st year)……………………………………… $12.17 3. Francesca Dellaquilla (3rd year)…………………………… $12.72 4. Adam Doroski (1st year)…………………………………… $12.17 5. Jordan Doroski (7th year)…………………………………. $13.82 6. Ryan Farrell (1st year)………………………………………$12.17 7. Aidan Fogarty (1st year)…………………………………… $12.17 8. Matthew Grzesik (1st year)………………………………… $12.17 9. Julianne Hall (3rd year)……………………………..………$12.72 10. Alyssa Knoernschild (3rd year)…………………………… $12.72 11. Brittany Knote (4th year)……….………………...........…. $12.99 12. Nicole Kozlowska (2nd year)……………………………. $12.44 13. Christiana Marron (3rd year)……………………………… $12.72 14. Faye Miller (3rd year)………………………………….… $12.72 15. Jessica Orlando (2nd year)……………………………….. $12.44 16. Kevin Parma (1st year)……………………………………. $12.17 17. Megan Ross (1st year)…………………………………….. $12.17 18. Katie Scott (1st year)………………………………..…….. $12.17 19. Christie Smith (1st year)……………………………..…….. $12.17 20. Thomas Smith (3rd year)………………………………….. $12.73 BEACH ATTENDANTS 1. Krista Bracken (3rd year)……………………………….. $9.75 2. Kathleen Comando (1st year)……………………………. $9.42 3. Rick Gramazio (1st year)…………………………………. $9.42 4. Emily Hudson (2nd year)…………………………………. $9.58 5. Emily Metz (1st year)……………………………………. $9.42 6. Kevin Metz (2nd year)……………………………………. $9.58 7. John O’Donnell (1st year)…………………………………. $9.42 8. Jason Petrucci (4th year)………………………………… $9.91 RECREATION SPECIALISTS (WATER SAFETY INSTRUCTORS) 1. Dawn Silverberg (1st year)………………………….…....... $16.57 BEACH MANAGERS 1. Arthur Quintana (21st year)…………………………….. $15.94 2. Timothy McElroy (3rd year)………………………........….. $14.14 RECREATION AIDES (PLAYGROUND INSTRUCTORS) 1. Ashley Hruz (1st year)………………………………….. $11.34 Southold Town Meeting Agenda - June 2, 2009 Page 12 2. Jacklyn Goy (1st year)…………………………………….. $11.34 LIFEGUARD TRAINER 1. Deborah Hennenlotter (8th year)……………………….. $17.49 ? Vote Record - Resolution RES-2009-495 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-496 CATEGORY: Committee Resignation DEPARTMENT: Town Clerk Rescind Resolution No. 2009-388 RESOLVEDRESCINDS Resolution No. that the Town Board of the Town of Southold hereby 2009-388 at the request of Nancy Pester: “Accept the Resignation of Nancy Pester from the Housing Advisory Commission and Direct the Town Clerk to Advertise for a New Commission Member.” ? Vote Record - Resolution RES-2009-496 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-497 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Agreement Between the Town of Southold and the County of Suffolk, Acting through Its Duly Constituted Sheriff’s Office RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Agreement between the Town of Southold and the County of Suffolk, acting through its duly constituted Sheriff’s Office , in connection Southold Town Meeting Agenda - June 2, 2009 Page 13 with the NYS Office of Homeland Security Grant Program regarding grant funds in the sum of $45,000 for Operation Shield administered by the Suffolk County Sheriff’s Office in partnership with the East End Marine Task Force, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2009-497 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-498 CATEGORY: Attend Seminar DEPARTMENT: Human Resource Center Mike DeVito, Senior Cook Attend Training Fiscal Impact: Legal Charge to the Programs for the Aging Budget RESOLVED grants permission to Mike that the Town Board of the Town of Southold hereby DeVito, Senior Cook, to attend a seminar on Essential Skills for Managers/Supervisors in th Hauppauge , on June 4, 2009. All expenses for registration, travel to be a legal charge to the 2009 Programs for the Aging budget (meetings and seminars). ? Vote Record - Resolution RES-2009-498 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-499 CATEGORY: Bid Acceptance DEPARTMENT: Town Clerk Accept Bid for Road Treatment - Item #1 RESOLVEDaccepts the that the Town Board of the Town of Southold hereby Southold Town Meeting Agenda - June 2, 2009 Page 14 bid of Corazzini Asphalt, Inc., for furnishing and placing Bituminous Surface Treatment Liquid Asphalt Grades 50% MC-250 and 50% RC-250 with Screened Sand (“Oil and Sand”) within the Town of Southold, all in accordance with the bid specifications and Town Attorney, and as follows: TownFishers Island (Mainland) Bituminous Surface Treatment $ 2.65 per sq. yd. $ 6.75 per sq. yd. Schim Mix Asphalt $ 84.00 per ton $ 185.00 per ton Fog Coat $ 2.00 per gallon $ 3.00 per gallon ? Vote Record - Resolution RES-2009-499 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-500 CATEGORY: Bid Acceptance DEPARTMENT: Town Clerk Accept Bid for Road Treatment - Item #2 RESOLVEDaccepts the bid of that the Town Board of the Town of Southold hereby Corazzini Asphalt, Inc., for furnishing and placing Bituminous Surface Treatment RC-250 Liquid Asphalt &1A Stone (“Oil and Stone”) within the Town of Southold, all in accordance with the bid specifications and Town Attorney, and as follows: TownFishers Island (Mainland) Bituminous Surface Treatment $ 2.45 per sq. yd. $ 7.25 per sq. yd. Schim Mix Asphalt Concrete $ 71.00 per ton $ 160.00 per ton Fog Coat $ 2.00 per gallon $ 3.00 per gallon Southold Town Meeting Agenda - June 2, 2009 Page 15 ? Vote Record - Resolution RES-2009-500 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-501 CATEGORY: Bid Acceptance DEPARTMENT: Town Clerk Accept Bid Road Treatment - #3 Liquid Asphalt RESOLVEDaccepts the bid of that the Town Board of the Town of Southold hereby Corazzini Asphalt, Inc., for furnishing and placing Liquid Asphalt Grades RC-250 & MC- 250 within the Town of Southold, all in accordance with the bid specifications and Town Attorney, and as follows: Town Fishers Island (Mainland) Furnish and Place $5.00 per gallon $7.00 per gallon ? Vote Record - Resolution RES-2009-501 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-502 CATEGORY: Bid Acceptance DEPARTMENT: Town Clerk Accept Bid for Road Treatment - Item #4 RESOLVEDaccepts the bid of that the Town Board of the Town of Southold hereby Corazzini Asphalt, Inc., for furnishing and placing Hot Mix Asphalt Concrete Pavement “Type 5 Shim” Sand Mix Asphalt within the Town of Southold, all in accordance with the bid specifications and Town Attorney, and as follows: Southold Town Meeting Agenda - June 2, 2009 Page 16 Town Fishers Island (Mainland) Hot Mix Asphalt Concrete Pavement 3X 500-1000 tons $64.00 per ton $175.00 per ton 4X Over 1000 tons $64.00 per ton $175.00 per ton ? Vote Record - Resolution RES-2009-502 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-503 CATEGORY: Bid Acceptance DEPARTMENT: Town Clerk Accept Bid ForRoad Treatment - Item #5 RESOLVEDaccepts the bid of that the Town Board of the Town of Southold hereby Corazzini Asphalt, Inc., for furnishing and placing Hot Mix Asphalt Concrete Pavement “Type 6 Top” within the Town of Southold, all in accordance with the bid specifications and Town Attorney, and as follows: Town Fishers Island (Mainland) 3X 500-1000 tons $64.00 per ton $175.00 per ton 4X Over 1000 tons $64.00 per ton $175.00 per ton ? Vote Record - Resolution RES-2009-503 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-504 CATEGORY: Bid Acceptance DEPARTMENT: Town Clerk Southold Town Meeting Agenda - June 2, 2009 Page 17 Accept Bid for Road Treatment - Item #6 RESOLVEDaccepts thebid of that the Town Board of the Town of Southold hereby Corazzini Asphalt, Inc., for furnishing and placing Bituminous Surface Treatment RC-250 Liquid Asphalt “Oil & Recycled Stone ” within the Town of Southold, all in accordance with the bid specifications and Town Attorney, and as follows: Town (Mainland) Bituminous Surface Treatment $ 2.05 per sq. yd. Schim Mix Asphalt Concrete $ 86.00 per ton Fog Coat $ 2.00 per gallon ? Vote Record - Resolution RES-2009-504 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-505 CATEGORY: Bid Acceptance DEPARTMENT: Town Clerk Accept Bid for Road Treatment - Item #7 RESOLVED thataccepts thebid of the Town Board of the Town of Southold hereby 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, and as follows: Type II Micro-Surfacing $ 1.92 per sq. yd. Truing & Leveling (Type 5 - Shim) $175.00 per ton Southold Town Meeting Agenda - June 2, 2009 Page 18 ? Vote Record - Resolution RES-2009-505 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-506 CATEGORY: Bid Acceptance DEPARTMENT: Town Clerk Accept Bid for Road Treatment - Item #8 RESOLVEDaccepts thebid of that the Town Board of the Town of Southold hereby Corazzini Asphalt, Inc., in the amount of $59.00 per ton, for the purchase of Type 6 Top Hot Mix Asphalt to be picked up and used by the Southold Town Highway Department, , all in accordance with the bid specifications and Town Attorney. ? Vote Record - Resolution RES-2009-506 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-507 CATEGORY: Trailer Permit DEPARTMENT: Town Clerk Deny the Trailer Application Submitted by Nicholas C. Papas RESOLVEDdenies that the Town Board of the Town of Southold hereby the Trailer Nicholas C. Papas Application submitted by , located at Rose Airfield, Old Main Road, Orient, SCTM No. 1000-14—2-29.4; the trailer use does not meet the criteria of the town’s policy regarding trailer permits. Southold Town Meeting Agenda - June 2, 2009 Page 19 ? Vote Record - Resolution RES-2009-507 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-508 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Resign & Appoint LWRP RESOLVEDaccepts the resignation of that the Town Board of the Town of Southold hereby Dunewood Truglia from his position as a member of the Local Waterfront Revitalization Program (LWRP) Coordinating Council, and be it further RESOLVEDJohn Betsch be appointed to fill the vacancy effective immediately. that ? Vote Record - Resolution RES-2009-508 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-509 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Reappoint Gunther Geiss and William Grigonis and Appoint Micheal Kurz to the Police Advisory Committee RESOLVEDreappoints Gunther Geiss that the Town Board of the Town of Southold hereby and William Grigonis appoints Micheal Kurz to the Police Advisory Committee and effective immediately through March 31, 2012 Southold Town Meeting Agenda - June 2, 2009 Page 20 ? Vote Record - Resolution RES-2009-509 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-510 CATEGORY: Home Rule Request DEPARTMENT: Town Clerk Oppose A.8501 (Silver-MS)/S.5661 (Stewart-Cousins) WHEREAS, a bill has been introduced in the State Legislature as A.8501 and S.5661 WHEREAS , the bill seeks to amend the general municipal law, the municipal home rule law, the town law, the village law and the local finance law, in relation to the requirement for the consolidating or dissolving certain local government entities, and to repeal certain provisions of the town law and the village law relating thereto; now, therefore, be it RESOLVED that the Town Board of the Town of Southold, at the recommendation of the OPPOSES - A.8501 (Silver-MS)/S.5661 New York State Town Clerks Association, (Stewart-Cousins). This bill- entitled "The New NY, Government Reorganization and Citizen Empowerment Act" (hereinafter referred to as "the Act") - enables citizens, local officials and counties to consolidate, dissolve, and reorganize local government entities such as towns, village (s), fire districts, fire protection districts and special improvement districts. The Act establishes uniform procedures for local, government entities and initiative petitions of electors residing in the entities to consolidate and/or dissolve. The Southold Town Board joins with The New York State Town Clerks Association in opposing the consolidation procedures contained in the Act for the following reasons: 1) This legislation delegates the authority to abolish units of local governments to the counties. a) This legislation amends the Municipal Home Rule Law, §33-a to empower counties, by local law subject to referenda, to abolish "units of local government" when the level and quality of ongoing services of all their functions or duties are transferred. The Municipal Southold Town Meeting Agenda - June 2, 2009 Page 21 Home Rule Law, §33-a was enacted to permit counties to transfer functions, subject to the referenda requirements of the Constitution, when such counties have not previously established an alternative form of county government, such as county executive or county manager, etc. The language of section 33-a tracks the Constitutional language in Article 9, section I (h)(1) with respect to alternative forms of county government. The wording is precise 'and identical. The Constitution, as well, as section 33-a, refer to transferring of functions or duties of a county "or of the cities, towns, villages, districts' or other units of government wholly contained in the county." The term "other units" is intended to cover a sub unit of any of these governmental entities but it is not intended to nor does it modify the preceding references to cities, towns, villages and districts. See also the limitations set forth in Municipal Home Rule Law, §34 (2)(d). Thus under this authorization (MHRL §33-a) a county which has not set up a different form of structure of county government is authorized to transfer a function in a constitutional manner by referenda provided but is not authorized to abolish an existing local government. 2) Allows for a consolidation plan to be enacted without a vote by the electorate. a) Under this bill the citizen-initiated petition process only requires 10% of the electors, or 5,000 voters, whichever is less, in each of the affected local government entities to sign a petition calling for a referendum on consolidation/dissolution. If a majority of the electorate in each entity votes in favor of consolidation/dissolution, then the entities' governing body must develop a written plan for implementation, The only vote idea required by the electorate is on the of consolidation/dissolution, NOT on the actual final plan. Citizens can weigh in during public hearings, but the local government entities do not have to submit their final plan to a public vote. Consolidation or dissolution takes effect when the governing body or bodies approve the final version of the plan. b) Even more restrictive, while it only takes 10% of the voters (and an unlimited timeframe in which to collect those signatures) to initiate the consolidation procedure, this bill requires 25% of the electorate, or 15,000 electors (and only 45 days to collect the signatures) in each local government entity, to sign a petition to require a Southold Town Meeting Agenda - June 2, 2009 Page 22 permissive referendum on the final consolidation/dissolution plan. Therefore, this bill creates a much higher threshold to give voters the right to actually vote on the idea consolidation/dissolution plan than it does for the voters to vote on the theoretical of dissolution/consolidation without any actual information. Recommendation: c) To ensure the quality, equity and transparency of the process, voter approval of the consolidation and dissolution plan should occur in all instances, but at a minimum, it MUST occur after a final plan is drafted by the local government entity. 3) This bill allows for referenda to be held during special elections instead of general elections. a) Allowing these referenda to be held at special elections will increase costs to local governments and will, in most cases, lead to a lower voter turnout. These results actually operate against two of the stated aims of the bill, namely to lower costs to real property taxpayers through consolidation and to grant citizens a greater voice in determining these issues. It is anomalous, therefore, to adopt a procedure that would be more costly and has less citizen involvement than it otherwise could. Recommendation: b) Given the magnitude of the provisions of this bill and enormity of the impact on local governments regarding consolidation and dissolution, all required referenda should be conducted during a general election to ensure higher voter turnout and lower costs. 4) The 10% threshold for the citizens' petition initiative is too low. a) Under this bill, if two or more local governments agree to develop a plan for consolidation on their own, voters must approve the final plan by a majority. However, only 10% of the electorate must be involved to in a request to have theoretical idea of consolidation appear on the ballot. If a majority of voters think the consolidation plan is good in the abstract, the plan is then drafted and could very likely be adopted with little or no voter input into the final plan. Recommendation: b) There should be a 25% signature threshold on the citizens' initiative component of the bill. Southold Town Meeting Agenda - June 2, 2009 Page 23 5) There are no safeguards in the legislation to protect against voter fraud, removal of a stale signature, withdrawal of a signature, or a challenge to the validity of the petition. a) Provisions must be included to remove signatures from a petition due to time passage, invalidity or fraud. Recommendation: b) Safeguards should be included to ensure legitimate voter participation and protect the taxpayer against the waste of taxpayer funds. 6) The planning, approval and implementation timeframe should be extended to reflect real examples of prior consolidations. a) The Act provides affected local government entities with 210 days or approximately seven months to complete and approve a consolidation or dissolution plan initiated by petitioners and 270 or approximately nine months if initiated by board action. This is an extremely short timeframe to. complete such as task. The average time to complete a consolidation or dissolution study is between one to two years. Additionally, failure to comply with this short time frame could result in litigation thus redirecting taxpayer resources from core municipal services like public safety, plowing snow, providing clean drinking water or recreational services. Recommendation: b) Lengthen the timeframe within which the respective local governments have to study and adopt a consolidation plan to reflect the realities of past experiences. Government entities should be given enough time to conduct a substantive study and propose a meaningful final plan. For the reasons stated above, the Southold Town Board, OPPOSES - A.8953 (Silver-- not MS)/S. 5661 (Stewart-Cousins), and respectfully urge you to pass this legislation in its current form. ? Vote Record - Resolution RES-2009-510 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded Southold Town Meeting Agenda - June 2, 2009 Page 24 2009-511 CATEGORY: Advertise DEPARTMENT: Town Clerk Rescind Resolution No. 2009-408 RESOLVED rescinds resolution No. that the Town Board of the Town of Southold hereby 2009-408: “ RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for a part-time Clerk Typist for the Southold Building Department.” ? Vote Record - Resolution RES-2009-511 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-512 CATEGORY: Support Resolution DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute a Letter in Support to the New York State Department of Environmental Conservation RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute a letter in support to the New York State Department of Environmental Conservation regarding the Feasibility Study in connection with the Mattituck Inlet Project, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2009-512 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded Southold Town Meeting Agenda - June 2, 2009 Page 25 2009-513 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL Penalties WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk A Local Law in County, New York, on the 21st day of April 2009, a Local Law entitled “ relation to Amendments to Penalties in the Southold Town Code ”and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, Now Therefor Be It RESOLVEDENACTS that the Town Board of the Town of Southold hereby the proposed A Local Law in relation to Amendments to Penalties local law entitled, “ in the Southold Town Code ” reads as follows: LOCAL LAW NO. of 2009 “A Local Law in relation to Amendments to Penalties in A Local Law entitled, the Southold Town Code” . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - The Town Board has reviewed the penalties associated with violations of the Zoning Chapter of the Town Code and determined that insofar as the fines have not been updated in many years, do not reflect a fair and appropriate assessment against those in violation of this chapter, and are not consistent with the penalty schedules in other chapters in the Town Code. Therefore, the Town Board believes it necessary to increase the amounts of the fines to discourage potential violators from un-permitted and/or illegal activity and assert punitive remedy where warranted. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: § 280-33. Penalties for offenses . Any violation of any provision of this article shall be punishable in the following manner: Southold Town Meeting Agenda - June 2, 2009 Page 26 A. First offense: by a fine of not less than $1,000 nor more than $5,000. B. Second offense and for any offense thereafter: by a fine of not less than $5,000 and not more than $10,000 for each offense. C. Any offense under this article may be punishable by revocation of an existing certificate of occupancy. D. Any individual who has violated covenants and resolutions imposed pursuant to this article shall be prohibited from further participation in ownership opportunities and benefits within an approved AHD District. §280-155. Penalties for offenses. For each offense against any of the provisions of this chapter or any regulations made pursuant thereto or for failure to comply with a written notice or order of any Building Inspector within the time fixed for compliance therewith, the owner, occupant, builder, architect, contractor or their agents or any other person who commits, takes part or assists in the commission of any such offense or who any person, including an owner, contractor, agent or other person who shall fails to comply with a written order or notice of any Building Inspector, Zoning Ordinance Inspector, or Code Enforcement Officer shall, upon a first conviction thereof, be guilty of a violation, punishable by a fine of not exceeding $500 $5000 or by imprisonment for a period not to exceed 15 days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense. For a second and subsequent conviction within 18 months thereafter, such person shall be guilty of a violation punishable by a fine not exceeding $1,500 $10,000 or by imprisonment for a period not to exceed 15 days, or by both such fine and imprisonment. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV.EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Southold Town Meeting Agenda - June 2, 2009 Page 27 ? Vote Record - Resolution RES-2009-513 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-514 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL Yard Sales WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk th “A Local Law in relation County, New York, on the 5 day of May 2009, a Local Law entitled to Yard Sales” and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, Now Therefor Be It RESOLVEDENACTS that the Town Board of the Town of Southold hereby the proposed local “A Local Law in relation to Yard Sales” law entitled, reads as follows: LOCAL LAW NO. 2009 “A Local Law in relation to Yard Sales” A Local Law entitled, . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - The purpose of this local law is to allow for one additional yard sale per annum, not to exceed two per lot in a calendar year. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: § 280-13. Use Regulations. C. Accessory uses, limited to the following uses and subject to the conditions listed in §280-15 herein: (9) Yard sales, attic sales, garage sales, auction sales or similar types of sales of personal property owned by the occupant of the Southold Town Meeting Agenda - June 2, 2009 Page 28 premises and located thereon, subject to the following requirements: (a) Not more than one two such sales shall be conducted on any lot in any one calendar year. (b) Adequate supervised parking facilities shall be provided. (c) No signs, except one on-premises sign not larger than six square feet in size displayed for a period of not longer than one week immediately prior to the day of such sale, shall be permitted. (d) A permit shall be obtained therefor from the Town Clerk upon the payment of a fee of $15. [Amended 8-24-1993 by L.L. No. 18-1993] (e) The display permit issued by the Town Clerk shall be posted on the premises so it can be read from the street and removed before sundown on the day of the sale. [Added 8-24-1993 by L.L. No. 18- 1993] III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV.EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ? Vote Record - Resolution RES-2009-514 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-515 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL Special Events WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk Southold Town Meeting Agenda - June 2, 2009 Page 29 th “A Local Law in relation County, New York, on the 5 day of May 2009, a Local Law entitled to Special Events” and WHEREAS that the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, Now Therefor Be It RESOLVEDENACTS that the Town Board of the Town of Southold hereby the proposed local “A Local Law in relation to Special Events” law entitled, reads as follows: LOCAL LAW NO. 2009 “A Local Law in relation to Special Events” A Local Law entitled, . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - Organized events that attract a large number of people, if not regulated by the Town can adversely affect the well-being of Town residents. Due to the increase in the number of events, additional regulations are required for special events that utilize Town amenities, resources and property. Experience has shown the need for procedures whereby the Town can be informed of such special events and can regulate them or prohibit those special events and can regulate safety, health and/or the public welfare. II. Chapter 205 of the Code of the Town of Southold is hereby amended as follows: § 205-1. Certain entertainment restricted; permit required . A. To preserve public peace and good order and to prevent tumultuous assemblages, the following special events shall be prohibited in the Town of Southold, unless a permit is obtained in accordance with the requirements set forth below: all public outdoor shows and entertainment, including but not limited to bazaars, fairs, carnivals and circuses, are prohibited in the Town of Southold (1) All events or activities occurring on public property, having more than 50 persons in attendance, open to the public, conducted outdoors, with or without an admission or invitation fee, a sponsorship, or requested donation and held on a one-time or occasional basis, including but not limited to carnivals, circuses, fairs, bazaars, outdoor shows, parades, walks, runs, marathons or bicycle races are prohibited in the Town of Southold, unless a permit is obtained in accordance with the requirements set forth below. (2) Outdoor events at a winery, for profit, at which the expected attendance exceeds the maximum occupancy of the public area of the building. Southold Town Meeting Agenda - June 2, 2009 Page 30 B. Nothing herein or in the foregoing shall apply to bazaars, fairs, carnivals and circuses and other public outdoor shows and entertainments that are approved, in writing, by the Town Clerk and held in the Town under the sole management and for the profit of local fraternal, charitable or religious organizations. B. Application for events on or utilizing public property: (1) All applications for a special events permit shall be made to the Town Board of the Town of Southold at least 60 days prior to the proposed date of the event and filed with the Town Clerk, together with a fee of $100; $250.00 clean-up deposit fee; and a Certificate of Insurance not less than $1,000,000.00 naming the Town of Southold as an additional insured during the time of the event. (2) Where the Town Board determines that there is no specific Town benefit from the event or that the event is conducted for profit, a deposit shall be made in an amount to be determined prior to issuance of the permit based upon the estimated direct costs attributable to additional police and highway costs associated with the event. After the event, the deposit will be used to cover such costs. (3) Upon filing an application for a special event on public property, the applicant shall send written notice to every property owner abutting or adjacent to the public property, as shown on the current Town of Southold assessment roll, and directly opposite (by extension of the lot lines through a street or right-of-way) of the public property that is the subject of the application. For applications for a special events permit for a parade, walk, run, marathon, bicycle race, or similar events, notice shall be given to property owners abutting or adjacent to the location of the commencement of the event and to all property owners abutting or adjacent to the location of the terminus of the event. The Town Board may require additional notice, including but not limited to publication and signage, based upon the circumstances involved in each application, as necessary. Said notice shall include the date, time and location of the proposed special event. (4) Notwithstanding the foregoing, the Town Board shall have the discretion to waive any application requirement set forth in §205-1B(1)-(3) above. C. All applications to the Town Clerk for permits shall be in writing and shall supply the name and address of the organization and its officers making such application and the nature of the affair, that the same is for charitable purposes, the length of time contemplated and the exact location where the same is to be conducted. Southold Town Meeting Agenda - June 2, 2009 Page 31 C. Town Board Review Criteria: In determining whether to issue a special events permit on an application for an event on or utilizing public property, the Town Board of the Town of Southold shall consider the following: (1) The size of the premises in relation to the number of people attending the event; (2) The sufficiency of arrangements made to control traffic, parking, noise, lighting and refuse; (3) The frequency of events proposed or approved for the premises and whether the frequency is so great that the events constitute a persistent usage of the property incompatible with its character or with that of the surrounding area; (4) Conflicts with ordinary public use of the land or facilities involved; (5) Whether the applicant has been convicted for failure to comply with the terms of this chapter within the past three years; and (6) Special events are strongly discouraged at Town beaches and parks from the Friday before the observance of Memorial Day until Labor Day. D. Applications for tents under this Chapter must be submitted to the Building Department. [Amended 1-16-2007 by L.L. No. 3-2007] E. If a winery holds an outdoor event, for profit, at which the expected attendance exceeds the maximum occupancy of the public area of the building, the winery must obtain approval from the Zoning Board of Appeals. An application shall be accompanied by a fifty-dollar fee. In granting such approval, the following factors must be considered: (1) All parking must be off street and traffic control must be provided by the winery. (2) Adequate sanitary facilities must be provided. (3) All food must be catered and prepared off site. (4) Events for 300 or more people require preparation of a traffic control plan. F. All other public activities which are not a permitted use under the Southold Town Southold Town Meeting Agenda - June 2, 2009 Page 32 Code shall require the approval of the Zoning Board of Appeals. G.Penalties for Offenses. An offense against the provisions of this Chapter shall constitute a violation of this Chapter and shall be punishable by a fine of not more than $2,500. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV.EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ? Vote Record - Resolution RES-2009-515 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded VI. PUBLIC HEARINGS Motion To: Motion to recess to Public Hearing COMMENTS - Current Meeting: RESOLVEDbe and hereby is declared that this meeting of the Southold Town Board Recessed in order to hold a public hearing. 1. Set June 2, 2009 at 9:00 AM in the Town Meeting Hall to Reopen the Public Hearing on the Coastal Erosion Hazard Board of Review Appeal of Robert G. Bombara 2. PH LL 6/2/09 4:35 Pm Penalties - Zoning 3. LL Yard Sales 6/2 4:40 Pm 4. LL Special Events 6/2/09 4:45 Pm Motion To: Adjourn Town Board Meeting COMMENTS - Current Meeting: Southold Town Meeting Agenda - June 2, 2009 Page 33 RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at __________ P.M.