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HomeMy WebLinkAboutAG-05/22/2012ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER FINAL AGENDA Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631 ) 765 - 1800 www. southoldt own.northfork.net SOUTHOLD TOWN BOARD May 22, 2012 4:30 PM POLICY: At scheduled Town Board meetings, the attending public is encouraged to briefly address the Town Board relating to agenda resolutions prior to their enactment; the public will also be given time at the conclusion of the regularly scheduled business agenda to address the Board on any given topic. ONLINE ACCESS: The Agenda is generally available the Friday before the meeting. The video of the meeting is usually available 1-2 hours after the meeting. Minutes with adopted resolutions are available 1-2 days after the meeting. A full copy of the minutes, agenda and meeting video can be viewed in one of two ways: (1) The town of Southold website: southoldtown.northfork.net Click on "Town Board On- Line"; Click Box "Yes" to be redirected to IQM2 and you will then be redirected to the Town Clerk online site. (2) www.townclerk, com Enter zip code 11971 in box on lower right hand side and "enter". On the left hand side of screen a dark blue box will pop up, you will see "Town of Southold, Long Island, NY", click on this and another box will pop up that will tell you that you are being directed to another site click on "Yes" to go into the Town Clerk site. Go to the date of the meeting and click on "Minutes Packet" this is the full copy of the resolutions. (Scroll to bottom of page for KEY to symbols). You can view the live video of the meeting by clicking on the camera symbol. All of this information is available 24/7. If you would like help navigating the site, please feel free to call my office 631-765-1800. CALL TO ORDER 4:30 PM Meeting called to order on May 22, 2012 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Present Absent Late Arrived Councilman William Ruland [] [] [] Councilman Christopher Talbot [] [] [] Councilwoman Jill Doherty [] [] [] Southold Town Meeting Agenda - May 22, 2012 Page 2 Councilman Albert Krupski Jr. [] [] [] Justice Louisa P. Evans [] [] [] Supervisor Scott Russell [] [] [] I. REPORTS 1. Justice Rudolph H. Bruer April 2012 2. Human Resource Center March 2012 3. Program for the Disabled April 2012 4. Board of Town Trustees April 2012 5. Town Clerk April 2012 6. Planning Department April 2012 7. Recreation Department Monthly Report April 2012 II. PUBLIC NOTICES 1. New Liquor License Application to NYS Liquor Authority E & C Club Rest., 3800 Duck Pond Ln., Cutchogue III. COMMUNICATIONS IV. DISCUSSION 1. 9:00 - John Cushman, Jim Bunchuck Uncollectable Tipping Fees, Carter Issues and Grinder Repairs 2. 9:30 - Jim McMahon Improvements to Highway Dept. Barn and HVAC at Town Hall 3. Energy Policy 4. LL/Special Events (PH This Afternoon) 5. Wimam Schriever Change of Zone Southold Town Meeting Agenda - May 22, 2012 Page 3 6. 11:30 - Mark Terry, Michael Collins LWRP EPF MS4 Watershed Modeling Project 7. Executive Session - Labor - Matters Involving Employment of Particular Person(S) 12:00 - Chief Flatley [] 12:15 - Heather Lanza [] 12:30 - CSEA and PBA Contract Issues 8. Mark Terry - Goldsmith Inlet V. RESOLUTIONS 2012-429 CA TEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated May 22~ 2012. v' V~te Re~ord Resolution RES 2012 429 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hg~vys Appt Scott Russell [] [] [] [] [] No Action 2012-430 CATEGORY: DEPARTMENT: Set Meeting Town Clerk Set Next Meeting 6/5/12 7:30 Pm RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held~ Tuesday~ June R 2012 at the Southold Town Hall~ Southold~ New York at 7:30 P. M.. v' Vote Record Resolution RES 2012 430 [] Adopted Southold Town Meeting Agenda - May 22, 2012 Page 4 [] Adopted as Amended William Ruland [] Defeated Ctn'istopher Talbot [] Tabled [] Withch-awn Jill Doherty [] Supe~wisor's Appt Albert Krupski Jr. [] Tax Receiver's Appt Louisa P. Evans [] Rescinded [] Town Clerk's Appt Scott Russell [] Supt Hgwys Appt [] No Action 2012-431 CATEGORY: DEPARTMENT: Attend Seminar Planning Board RESOLVED, that the Town Board of the Town of Southold hereby grants permission to Heather Lanza, Planning Director, to attend a seminar on NYS DOT Federal Aid 101 Training in Hauppauge on May 31, 2012. Travel to be a legal charge to the 2012 Planning Budget (meetings and seminars). Vote Record Resolution RES 2012 431 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] Withch-awn Ctn'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hg~vys Appt Scott Russell [] [] [] [] [] No Action 2012-432 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Accounting 2011 Deferred Compensation Plan Audit Southold Town Meeting Agenda - May 22, 2012 Page 5 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the engagement letter between the Town of Southold and Albrecht~ Vi~iano~ Zureck & Company~ P.C. to perform an audit of the Town's Deferred Compensation Plan for the year ending December 31, 2011, in connection with the Town's annual reporting obligations under the New York State Deferred Compensation Board, at a cost not to exceed $12,500.00, subject to the approval of the Town Attorney, said engagement to be a legal charge to the 2012 General Fund Whole Town, Independent Auditing and Accounting appropriation (A. 1320.4.500.300). Vote Record Resolution RES 2012 432 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hg~vys Appt Scott Russell [] [] [] [] [] No Action 2012-433 CATEGORY: DEPARTMENT: Budget Modification Police Dept Police Department Budget Modification Fiscal Impact: to cover over extended budget line RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 Whole Town General Fund budget as follows: From: A. 3020.1.100.100 To: A. 3020.1.100.300 Public Safety Communications Full Time Employees, Regular Earnings Total Public Safety Communications Full Time Employees, Vacation Earnings Total $2,000 $2,000 $2,000 $2,000 Vote Record Resolution RES 2012 433 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent William Ruland [] [] [] [] Southold Town Meeting Agenda - May 22, 2012 Page 6 [] Defeated Ctn'istopher Talbot Jill Doherty [] Supe~wisor's Appt Albert Krupski Jr. [] Tax Receiver's Appt Louisa P. Evans [] Rescinded Scott Russell [] Town Clerk's Appt [] Supt Hgwys Appt [] No Action 2012-434 CATEGORY: DEPARTMENT: Consulting Public Works Grove Road Drainage Project RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal of L.K. McLean, P.C. to provide professional services for survey and mapping of the Grove Road and Mill Creek Drive area, as part ofa Hashamomaque Creek Drainage Project in the amount of $ 3,050, all in accordance with the approval of the Town Attorney. Vote Record Resolution RES 2012 434 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hgwys Appt Scott Russell [] [] [] [] [] No Action 2012-435 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Public Works Grove Road Drainage Project RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute Agreement with L.K. McLean, P.C. in connection the Southold Town Meeting Agenda - May 22, 2012 Page 7 Grove Road Drainage Project in the amount of $3,050, all in accordance with the approval of the Town Attorney. Vote Record Resolution RES 2012 435 [] Adopted [] Adopted as Panended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hg~vys Appt Scott Russell [] [] [] [] [] No Action 2012-436 CATEGORY: DEPARTMENT: Bid Acceptance Public Works Grove Road Drainage Project RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal of McDonald Geoscience, for professional services, to provide test holes and locate the groundwater profile, in connection with the Grove Road Drainage Project, in the amount of $800.00, all in accordance with approval the Town Attorney. Vote Record Resolution RES 2012 436 [] Adopted [] Adopted as Panended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hgwys Appt Scott Russell [] [] [] [] [] No Action 2012-437 CATEGORY: DEPARTMENT: Attend Seminar Police Dept Southold Town Meeting Agenda - May 22, 2012 Page 8 Police Department - fi~B.L3LA. Seminar Request RESOLVED that the Town Board of the Town of Southold hereby ~rants permission to Chief Martin Flatley to attend the F.B.I. National Academy Associates 2012 Chapter Trainin~ Conference commencin~ on Sunday, July 8 through Wednesday, July 11, 2012 in Rochester NY. All expenses for registration & travel to be a legal charge to the 2012 Police Training Budget Line A. 3120.4.600.200. Vote Record Resolution RES 2012 437 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] With&awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hg~vys Appt Scott Russell [] [] [] [] [] No Action 2012-438 CATEGORY: DEPARTMENT: Employment - Town Accounting Permanent ~lppointment Martin Flatley WHEREAS the Town Board of the Town of Southold has provisionally appointed Martin Flatley to the position of Police Chief effective July 6, 2011, and WHEREAS Martin Flatley has taken and passed the Civil Service examination for Police Chief, and is reachable on the Suffolk County Department of Civil Service List of Eligible's for the competitive position of Police Chief, and WHEREAS the Town Board of the Town of Southold has determined that it is in the best interest of the Town to appoint Martin Flatley to the permanent position of Police Chief from said List of Eligible's, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby appoints Martin Flatley to the position of Police Chief from the Suffolk County Department of Civil Service List of Eligible's effective immediately with no salary change. · /VoteRecord Resolution RES 2012 438 [] Adopted [] Adopted as Amended Southold Town Meeting Agenda - May 22, 2012 Page 9 [] Defeated William Ruland Ctn'istopher Talbot [] Supe~wisor's Appt Jill Doherty [] Tax Receiver's Appt Albert Krupski Jr. [] Rescinded Louisa P. Evans [] Town Clerk's Appt [] Supt Hgwys Appt Scott Russell [] No Action 2012-439 CATEGORY: DEPARTMENT: Employment - Town Accounting Dermanent ~lppointment Brian ~1. Cummings WHEREAS the Town Board of the Town of Southold has provisionally appointed Brian A. Cummings to the position of provisional Planner Trainee effective April 25, 2011, and WHEREAS Brian A. Cummings has taken and passed the Civil Service examination for Planner Trainee, and is reachable on the Suffolk County Department of Civil Service List of Eligible's for the competitive position of Planner Trainee, and WHEREAS the Town Board of the Town of Southold has determined that it is in the best interest of the Town to appoint Brian A. Cummings to the permanent position of Planner Trainee from said List of Eligible's, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby appoints Brian A. Cummings to the position of Planner Trainee from the Suffolk County Department of Civil Service List of Eligible's effective immediately with no salary change. Vote Record Resolution RES 2012 439 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hg~vys Appt Scott Russell [] [] [] [] [] No Action Southold Town Meeting Agenda - May 22, 2012 Page 10 2012-440 CATEGORY: DEPARTMENT: Committee Appointment Human Resource Center Reappomt Members to Committee on Health/Svcs. for Seniors Fiscal Impact: Dir. of Human Services, Karen McLaughlin, serves as Chairperson of&is committee and is submitting candidates for reappointment. RESOLVED the Town Board of the Town of Southold hereby reappoints the following to the Committee on Health Care Issues and Services for the Elderly, effective immediately, as recommended by Karen McLaughlin, Human Services Program Director: Paul Connor, CEO Eastern Long Island Hospital Holly Rhodes-Teague, Director of the Suffolk County Office for the Aging Juliet Frodella, Director of the Senior Options and Solutions Program ELIH Jacqueline Martinez, Senior Citizens Center Manager, Town of Southold Jean DeLorme, Adult Day Care Program Supervisor, Town of Southold Phyllis Markopolous, Caseworker, Town of Southold Senior Services Lynne Richards, Developmental Disabilities Program Director Vote Record Resolution RES 2012 440 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] Withch-awn CN'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hg~vys Appt Scott Russell [] [] [] [] [] No Action 2012-441 CATEGORY: DEPARTMENT: Special Events Town Clerk CFD Sleigh 5K RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Cutchogue Fire Department to hold a Stuff the Sleigh 5K mn on December 16, 2012 from 9:00 a.m. to 12:00 p.m. using the following Town roads: Southold Town Meeting Agenda - May 22, 2012 Page 11 New Suffolk Road Oak Road Fanning Road Wicks Road Grathwohl Road providing they 1. They file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured; 2. Coordinate traffic control upon notification of the adoption of this resolution with Captain Kruszeski 3. No objects of any kind shall be thrown to event spectators 4. No permanent markings be placed on town, county or state roads or property for the event; 5. Any road markings or signs for the event be removed within twenty-four (24) hours of the completion of the event. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. All fees associated with this event are waived. Vote Record Resolution RES 2012 441 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hgwys Appt Scott Russell [] [] [] [] [] No Action 2012-442 CATEGORY: DEPARTMENT: Special Events Recreation Approve Use of Strawberry Fields for East End GreenFest RESOLVED that the Town Board of the Town of Southold hereby grants permission to Syd and Deborah Duflon to use Strawberry Fields in Mattituck for the East End GreenFest on September 15 & 16, 2012 (Saturday and Sunday) from 8:00 a.m. to 8:00 p.m.. Set-up on September 14 and breakdown and field restoration on September 17, subject to the payment by applicant of a $250.00 cleanup deposit fee and an application fee of $100 to the Southold Town Clerk (as per Section B of the Special Events Law) and the approval of the Town Attorney. Applicant must file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold and the County of Suffolk as additional insured's. Southold Town Meeting Agenda - May 22, 2012 Page 12 Vote Record Resolution RES 2012 442 [] Adopted [] Adopted as Panended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hg~vys Appt Scott Russell [] [] [] [] [] No Action 2012-443 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk $outholdAthletic Assoc. 5K November 1 O, 2012 Fiscal Impact: Police Department Cost for Event = $224.81 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Southold School District to use certain roads for a 5K race in Southold~ on November 2011 beginning at 8:30 AM, route for the 5K: beginning at the Elementary School parking lot onto Oaklawn Avenue to Route 25, east to Youngs Avenue, to Calves Neck Road, to Harper Road, Hill Road, Wells Road, back to Oaklawn Avenue, to Pine Neck Road to Main Bayview Road to Main Road, Jockey Creek Drive back onto the Southold School property, providing 1. They file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured; 2. Coordinate traffic control upon notification of the adoption of this resolution with Captain Kruszeski 3. No objects of any kind shall be thrown to event spectators 4. No permanent markings be placed on town, county or state roads or property for the event; 5. Any road markings or signs for the event be removed within twenty-four (24) hours of the completion of the event. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. All fees have been waived for this event. · /VoteRecord Resolution RES 2012 443 [] Adopted Yes/Aye No/Nay Abstain Absent William Ruland [] [] [] [] Ct~'istopher Talbot [] [] [] [] [] Adopted as Amended [] Defeated [] Tabled Southold Town Meeting Agenda - May 22, 2012 Page 13 [] With&awn Jill Doherty [] Supe~wisor's Appt Albert Krupski Jr. [] Tax Receiver's Appt [] Rescinded Louisa P. Evans [] Town Clerk's Appt Scott Russell [] Supt Hgwys Appt [] No Action 2012-444 CATEGORY: DEPARTMENT: Committee Appointment Town Clerk Appointment of Business Liaison RESOLVED that the Town Board of the Town of Southold hereby appoints John Stype as the "Town of Southold Business Liaison," a volunteer position that will work with the Town Board and the Economic Development Committee to represent the Town's intent in creating an atmosphere that welcomes new businesses and assists in retaining existing businesses. Vote Record Resolution RES 2012 444 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] With&awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hgwys Appt Scott Russell [] [] [] [] [] No Action 2012-445 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk New Suffolk Civic Association Annual Independence Day Parade Fiscal Impact: Police Department Cost for the Event $20.?.96 RESOLVED that the Town Board of the Town of Southold hereby ~rants permission to the New Suffolk Civic Association to hold its Annual Independence Day Parade on July 4, 2012 Southold Town Meeting Agenda - May 22, 2012 Page 14 beginning at 10:30 AM, using the following roads: New Suffolk Road, Fifth Street, and Main Street, provided 1. They file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured; 2. Coordinate traffic control upon notification of the adoption of this resolution with Captain Kruszeski 3. No objects of any kind shall be thrown to event spectators 4. No permanent markings be placed on town, county or state roads or property for the event; 5. Any road markings or signs for the event be removed within twenty-four (24) hours of the completion of the event. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. All fees have been waived for this event. Vote Record Resolution RES 2012 445 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hg~vys Appt Scott Russell [] [] [] [] [] No Action 2012-446 CATEGORY: DEPARTMENT: Property Acquisition Purchase Land Preservation AgPDD Annual Value BE IT RESOLVED, that pursuant to Chapter 280-176 of Article XXX, Agricultural Planned Development District (AgPDD) of the Town Code, the Town Board of the Town of Southold hereby sets the annual price to be paid by the Town for AgPDD development rights sales at $58,500 per true acre. BE IT FURTHER RESOLVED that the annual purchase price shall be valid for up to a year from the date of adoption, and that such purchase price may be amended during the annual time period upon recommendation by the Land Preservation Committee and adoption of same by the Town Board. Southold Town Meeting Agenda - May 22, 2012 Page 15 BE IT FURTHER RESOLVED that applications presented prior to this date shall retain the right to the purchase price for AgPDD development right sales as of the time of acceptance of the complete application by the Town Board. Vote Record Resolution RES 2012 446 [] Adopted [] Adopted as Panended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] With&awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded ~ Louisa P. Evans [] [] [] [] [] Town Clerk's Appt ~_ [] Supt Hg~vys Appt Scott Russell [] [] [] [] [] No Action 2012-447 CATEGORY: DEPARTMENT: Employment - Town Recreation Hire Recreation Department's Summer Seasonal Employees RESOLVED that the Town Board of the Town of Southold hereby appoints the following individuals for the 2012 summer season, June 23 through September 3. STILLWATER LIFEGUARDS 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. HOURLY SALARY Laurel Bertolas (lst year) .............................................. $12.17 Katherine Bertschi (lst year) ........................................ $12.17 Ivy Croteau (4th year) ................................................ $12.99 Markis Croteau (lst year) ............................................. $12.17 Matthew Dellaquila (3rd year) ....................................... $12.72 Jordan Doroski (10th year) ............................................ $14.37 Ryan Farrell (4th year) ............................................... $12.99 Matthew Grzesik (4th year) .......................................... $12.99 Matthew Hallock (3rd year) ......................................... $12.72 Brittany Knote (7th year) ............................................... $13.82 Christiana Marron (6th year) ........................................ $13.54 Timothy McElroy (6th year) .......................................... $13.54 Sean Norberg (3rd year) .............................................. $12.72 Jessica Orlando (5th year) ........................................... $13.27 Kevin Parma (4th year) .............................................. $12.99 Megan Ross (4th year) ............................................... $12.99 Katie Scott (4th year) ................................................. $12.99 Southold Town Meeting Agenda - May 22, 2012 Page 16 18. Kevin Schwartz (2nd year) ............................................ $12.44 19. Lyndsie Taylor (lst year) .............................................. $12.17 20. Maeghan Wood (3rd year) ........................................... $12.72 21. Breton Worthington (3rd year) ...................................... $12.72 BEACH ATTENDANT S 2. 3. 4. 5. 6. Mary Bertschi (lst year) ............................................. $9.42 Heather Gadomski (2nd year) ....................................... $9.58 Emily Metz (4th year) ................................................. $9.91 Grace O'Donnell (1st year) .......................................... $9.42 Sarah Stromski (2nd year) ........................................... $9.58 Morgan Zuhoski (lst year) .......................................... $9.42 RECREATION SPECIALISTS (WATER SAFETY INSTRUCTORS) 1. Emma Chylinski (3rd year) .............................................. $17.07 2. Breton Worthington (lst year) ........................................... $16.57 BEACH MANAGERS 1. Arthur Quintana (24th year) ......................................... $15.94 2. Timothy McElroy (5th year) ......................................... $14.74 RECREATION AIDES (PLAYGROUND INSTRUCTORS) 1. Heather Gadomski (2nd year) ......................................... $11.59 2. Sarah Stromski (lst year) .................................................. $11.34 LIFEGUARD TRAINER 1. Meg Sautkulis (3rd year) ............................................. $16.24 Vote Record Resolution RES 2012 447 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hgwys Appt Scott Russell [] [] [] [] [] No Action 2012-448 CATEGORY: DEPARTMENT: Employment - Town Accounting A ccept Resignation of Gregory Schweitzer Southold Town Meeting Agenda - May 22, 2012 Page 17 RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Gregory C. Schweitzer from the position of Scale Operator for the Solid Waste District, effective May 17, 2012. Vote Record Resolution RES 2012 448 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hg~vys Appt Scott Russell [] [] [] [] [] No Action 2012-449 CATEGORY: DEPARTMENT: Budget Modification Town Clerk Budget Mod Between Youth Bureau & HRC Budgets Fiscal Impact: ]'he $outhold Youth Bureau and Programs for Aging are seeking a popcorn machine that can be utilized to enhance both programs. In an effort to save money the Youth Bureau and Senior Services departments have elected to pursue cost-sharing with the Office for Aging purchasing the popcorn machine and the Youth Bureau reimbursing them for their share thereby saving each department $223 RESOLVED that the Town Board of the Town of Southold hereby authorizes the transfer of $233.00 from Youth Program Activities to Programs for the Aging, Supplies & Materials Increase: Revenues: A. 7310.4.600.100 Appropriations: Increase: Youth Program Activities $233.00 A. 6772.4.100.110 Programs for the Aging, Supplies & Materials $233.00 Vote Record Resolution RES 2012 449 [] Adopted Yes/Aye No/Nay Abstain Absent William Ruland [] [] [] [] Ct~'istopher Talbot [] [] [] [] [] Adopted as Amended [] Defeated [] Tabled Southold Town Meeting Agenda - May 22, 2012 Page 18 [] Withch-awn Jill Doherty [] Supe~wisor's Appt Albert Krupski Jr. [] Tax Receiver's Appt [] Rescinded Louisa P. Evans [] Town Clerk's Appt Scott Russell [] Supt Hgwys Appt [] No Action 2012-450 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Recreation Hire Summer 2012 Recreation Program Instructor RESOLVED that the Town Board of the Town of Southold authorizes and directs Supervisor Scott A. Russell to execute an agreement with the following business for the Summer 2012 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 2012 instructor line A7020.4.500.420. Eagles Neck Paddling Company (Stand Up Paddleboard) .......... $100/person Vote Record Resolution RES 2012 450 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] With&'awn CN'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hgwys Appt Scott Russell [] [] [] [] [] No Action 2012-451 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Execute &e Modification Agreement Form Between &e Town of Sou&old and the New Fork State Department of State Southold Town Meeting Agenda - May 22, 2012 Page 19 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Modification A~reement Form between the Town of Southold and the New York State Department of State in connection with a no-cost extension of time extending the term of Contract #C006793 (Planning, Design and Construction for 11 Stormwater Management Projects) to March 30, 2012, subject to the approval of the Town Attorney. Vote Record Resolution RES 2012 451 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hgwys Appt Scott Russell [] [] [] [] [] No Action 2012-452 CATEGORY: DEPARTMENT: Budget Modification Solid Waste Management District gig/MD Budget Modification - Grinder Repairs Fiscal Impact: To cover cost of grinder engine rebuild. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 Solid Waste Management District budget as follows: From: SR 8160.1.100.100 (FT Emp. Reg. Earnings) SR 8160.4.100.596 (Maint/Supply CBI Grinder) SR 8160.4.100.650 (Garbage Bags) SR 8160.4.400.655 (Repairs/CAT 966 Loader) SR 8160.4.400.680 (Trailer Fleet Repairs) To: $ 6,000 $ 6,500 $15,500 $ 2,000 $ 2,000 $32,000 SR 8160.4.400.665 (Repairs/CBI Grinder) $32,000 Southold Town Meeting Agenda - May 22, 2012 Page 20 Vote Record Resolution RES 2012 452 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hg~vys Appt Scott Russell [] [] [] [] [] No Action 2012-453 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk New Suffolk Waterfront Fiscal Impact: no police RESOLVED that the Town Board of the Town of Southold hereby ~rants permission to the New Suffolk Waterfront Fund for a total closure of Main Street, New Suffolk at the Eastern most end, on Saturday, May 26, 2012 from 9:00 AM to 4:00 PM provided they 1. They file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured; 2. Contact Captain Kruszeski for use of Police barricades for the event, 3. No objects of any kind shall be thrown to event spectators 4. No permanent markings be placed on town, county or state roads or property for the event; 5. Any road markings or signs for the event be removed within twenty-four (24) hours of the completion of the event. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. All fees associated with this event shall be waived. Vote Record Resolution RES 2012 453 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended [] Defeated William Ruland [] [] [] [] [] Tabled Ct~'istopher Talbot [] [] [] [] [] Withch-awn Jill Doherty [] [] [] [] [] Supeiwisor's Appt [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] Southold Town Meeting Agenda - May 22, 2012 Page 21 [] Rescinded Louisa P. Evans [] Town Clerk's Appt Scott Russell [] Supt Hgwys Appt [] No Action 2012-455 CA TE GORY: Fmla DEPARTMENT: Accounting Grant F3/JIM Leave to a Town Employee RESOLVED that the Town Board of the Town of Southold hereby grants a leave of absence for up to 12 weeks to Employee #0125 effective October 7, 2012 pursuant to the Family Medical Leave Act. Vote Record Resolution RES 2012 455 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] WithO'awn CN'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hgwys Appt Scott Russell [] [] [] [] [] No Action 2012-456 CATEGORY: DEPARTMENT: Attend Seminar Town Clerk BOAR Travel Reimbursement RESOLVED that the Town Board of the Town of Southold hereby grants permission to Nicholas Planamento, Jonathan Wiggins and Gerald Schultheis to attend Board of Assessment Review Training at the Suffolk County Office of Real Property Services in Riverhead, New York, held on April 25, 2012. Travel expenses to be a legal charge to the 2012 Assessors' budget (meetings and seminars). ~VoteRecord Resolution RES 2012 456 [] Adopted [] Adopted as Amended Southold Town Meeting Agenda - May 22, 2012 Page 22 [] Defeated William Ruland CN'istopher Talbot [] Supe~wisor's Appt Jill Doherty [] Tax Receiver's Appt Albert Krupski Jr. [] Rescinded Louisa P. Evans [] Town Clerk's Appt [] Supt Hgwys Appt Scott Russell [] No Action 2012-457 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Execute &e lntermunicipal Agreement Between &e Town of Sou&old and &e Village of Greenport RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Intermunicipal A~reement between the Town of Southold and the Village of Greenport in connection with the Town providing access regarding tax assessments and property information to the Village of Greenport for their use in preparing the Village's 2012 tax bills, subject to the approval of the Town Attorney. Vote Record Resolution RES 2012 457 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] Withch-awn CN'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hg~vys Appt Scott Russell [] [] [] [] [] No Action 2012-458 CA TEGORY: Policies DEPARTMENT: Town Clerk A dOlOr Energy Policy RESOLVED the Town Board of the Town of Southold hereby adopts the following Energy Southold Town Meeting Agenda - May 22, 2012 Page 23 Policy: Town of Southold Energy Policy The Annual Energy Management Plan shall be crafted by the Southold Town Department of Public Works in coordination with the Energy Committee and submitted to the Southold Town Board for review and approval. The Energy Committee shall oversee the implementation of the Annual Energy Management Plan. 1) Purpose The Town of Southold is committed to energy efficient design and operation of its facilities in accordance with recognized Federal Energy Code and industry standards and in compliance with applicable Federal, State, and Local laws and regulations. This is a specific area for which all employees have personal responsibilities relating to optimizing the use of energy while conducting their day-to-day activities. The benefit is to all Town residents as we reduce the cost of operations. All personnel and functions shall comply with this policy. 2) Goals The Town of Southold intends to achieve the following goals by enacting the policy herein: - Reduce energy consumption and costs; - Improve staff' awareness about and involvement in energy-saving; - Eliminate as much waste as is feasibly possible; - Invest in energy efficient and green energy technologies; and, - Reduce CO2 emissions. 3) Responsibilities In addition to the energy conservation requirements detailed below, The Town of Southold shall adopt annual Energy Management Plans that shall include at a minimum: - Energy curtailment objectives (i.e., % reduction) for the following fiscal year. - Analysis of energy consumption data and metrics, from year to year and month to month, to track progress to compare to baseline. - Details and budgets of specific projects to be implemented by the Town in the following fiscal year. 4) Energy Conservation Requirements for aH Town of Sonthold Operations and Personnel The Town of Southold shall adopt ASHRAE healing and cooling standards available at: httP://www'ashrae'°r g/standards-research--techn°l° g¥/standards-- guidelines a) Lighting - All lights shall be turned off in unoccupied rooms at all times. - Overhead lighting shall be reduced as much as possible without creating unsafe conditions or interfering with the performance of duties. - Security and safety lighting shall be held to the lowest acceptable levels. - When possible, energy efficient lamps, bulbs, and fixtures shall be used in all locations. Southold Town Meeting Agenda - May 22, 2012 Page 24 - When installing new lighting, the most current energy efficient and cost effective technology shall be used. - Take advantage of natural lighting/daylight and when feasible, turn off lights located near windows or in bright areas. - When possible, install motion detectors to minimize usage of artificial lighting in Town buildings. - Incandescent light bulbs will be replaced with fluorescent or LED lights. b) Heating and cooling standards - Temperature in Town Buildings and Offices shall be set as follows: Season When Occupied When Unoccupied Summer 72 to 76 degrees Fahrenheit 80 degrees Fahrenheit maximum* Winter 68 to 72 degrees Fahrenheit 58 degrees Fahrenheit minimum* * at the discretion of the Facilit~ Manager of the facility. - In the winter months, close the blinds at night to reduce heat loss. - In the summer months, shade extreme sunlight when possible. - Ensure doors and windows are closed overnight and when the building is heating or cooling. (responsible entity: Town DPW) - With regard to HVAC units, annually inspect and clean coils and reduce air leaks, replace filters every six months, and regularly clean ducts (responsible entity: Town DPW) c) Technology-related energy reductions - All video monitors and personal computers shall be set for automatic power-down (sleep) mode after fifteen minutes of non-operation. - Automatic power-down or "energy saver" feature(s) shall be enabled on all copiers, printers and other electronics. - All non-essential personal computers, printers, copiers, and other electric equipment shall be turned off outside of normal business hours or when not in use. The automatic computer shut-down feature will be initiated for all non-essential equipment. - Use of copiers and printers shall be consolidated. Where possible, redundant printers and copiers shall be turned off and work shall be directed to nearby machines. - Employ GreenPrint Software to minimize waste when printing - Recycle ink/toner cartridges. Supply storage bin(s) for collection. d) Educate Town vehicle operators on the importance of energy efficient driving methods and techniques e) Equipment-related reductions - Implement a source reduction strategy including but not limited to purchasing products with less packaging; reusing materials such as pallets; and, minimize paper usage/waste when possible. Minimizing paper use includes setting printers to the "double-sided" print option, Southold Town Meeting Agenda - May 22, 2012 Page 25 e-mailing whenever possible, locating the recyclable paper bin near the printer/copier, printing only when absolutely necessary. - Work with LIPA to evaluate available energy efficiency rebates or incentives. Use rebates and incentives for the purchase and/or reimbursement of fixtures and related items in town buildings. - Eliminate all non-essential small appliances (e.g., refrigerators, printers), where feasible. f) New Equipment Purchases - Purchase most economically energy efficient (i.e., Energy Star) equipment when available. - If new equipment is a component of an existing system, review, using above new equipment purchase criteria, for energy reduction and possible optimization of system resources and operation. g) Individual Efforts - Conservation of water resources and energy used to pump/heat/maintain hot and cold water systems - Report leaking faucets and running toilets to Town DPW - Introduce faucet flow restrictors and toilet water tank minimization devices - Reduce irrigation of outside areas through moisture sensors - Reduce hot water usage through review of hot water fixtures and restriction of such fixtures to appropriate and necessary uses h) Exchange Materials - Exchange or donate reusable commercial materials to reduce waste. - Participate in business Waste Exchange Programs Vote Record Resolution RES 2012 458 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hgwys Appt Scott Russell [] [] [] [] [] No Action 2012-459 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney ALCOA W/CSEA Summer Works Program Southold Town Meeting Agenda - May 22, 2012 Page 26 RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the A~reement between the Town of Southold and the CSEA dated May 9~ 2012~ concerning utilization of the Suffolk County Department of Labor Works Program. Vote Record Resolution RES 2012 459 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hg~vys Appt Scott Russell [] [] [] [] [] No Action 2012-460 CATEGORY: DEPARTMENT: Seqra Town Attorney SEQRA LL/$pecial Events RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed "A Local Law in relation to Amendments to Chapter 205~ Public Entertainment and Special Events" is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action in accordance with the recommendation of Mark Terry dated May 22, 2012, and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith, and is consistent with the LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. Vote Record Resolution RES 2012 460 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended [] Defeated William Ruland [] [] [] [] [] Tabled Ct~'istopher Talbot [] [] [] [] [] Withch-awn Jill Doherty [] [] [] [] [] Supeiwisor's Appt [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action Southold Town Meeting Agenda - May 22, 2012 Page 27 2012-461 CATEGORY: DEPARTMENT: Enact Local Law Town Clerk ENACT LL/~qpecial Events WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 24th day of April, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 205, Public Entertainment and Special Events" 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 will be given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 205~ Public Entertainment and Special Events" reads as follows: LOCAL LAW NO. 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 205, Public Entertainment and Special Events". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. It is the intent of this Article to establish procedures and requirements for conducting special events in the Town of Southold to preserve the public peace, good order, the integrity of the use regulations established under the Zoning Code, to properly provide for the health, safety and welfare of the general public and to provide penalties for violations of the provisions herein. It is not the intent of this article to include the following: Ordinary and occasional use by owners of private property to host private gatherings to celebrate family events, holidays, etc. or to raise funds for charitable or other not for profit purposes. However, the use of residential property for profit, such as a venue for weddings, is prohibited at all times. The ordinary and occasional use by a special district for fundraising for its own purposes. Such use shall be on site and have adequate parking, ingress, egress, traffic control, and Southold Town Meeting Agenda - May 22, 2012 Page 28 facilities to host such an event. The ordinary and occasional use of a property owned by a not for profit for fundraising for its own purpose. Such use shall be on site and has adequate parking, ingress, traffic control and facilities to host such an event. II. Chapter 205 of the Code of the Town of Southold is hereby amended as follows: Southold Town Meeting Agenda - May 22, 2012 Page 29 from thc Zcnins~card cf,vvca!s. ~- app,:ca,:Ch s,,a,, ~c acccmpan:c,, ~y a §205-1. Def'mitions. PERSON Any association, partnership, corporation, cooperative group, trust or other entity, as well as an individual. SPECIAL EVENT Any temporary gathering, demonstration, performance, exhibition, amusement or activity with expected attendance that at any time exceeds the lawful occupancy of the public area of the building, the parking capacity of the site or that is not currently a permitted use of the property in the applicable zone, that is conducted or sponsored by a person, organization, entity or association, including but not limited to carnivals, circuses, Jhirs, bazaars, outdoor shows and concerts, parades, walks, runs, marathons, bicycle races or motorcycle rallies, and which involves one or more of the following: Southold Town Meeting Agenda - May 22, 2012 Page 30 1) 2) 3) 4) 5) 6) the closing of a public street; the use, blocking or restriction of Town property or rights of way; the use of amplified sound; the sale of merchandise to the public; the sale or service of food to the public; the substantial increase or disruption of the normal flow of traffic on any street or 7) 8) 9) highway; the placement of portable toilets; the placement of temporary no-parking or directional signs or banners; the use of any Town services that would not be necessary in the absence of such an event §205-2. Permit required. To preserve public peace, good order and the health safety and welfare of the residents of the Town of Southold, special events shall be prohibited in the Town of Southold, unless a special event permit is obtained in accordance with the requirements set forth in this chapter. The Zoning Board of Appeals office may accept a single application for a recurring event or a series of similar events (not to exceed 6 in a 3 month period) that are of like size and scope. §205-3. Application Requirements. Information and material to be submitted with an application for a special event permit includes the following: A completed Special Event Application Form which includes the following information: a. Name, address and telephone number(s) of the person (s) who will be organizing the event and who can be contacted prior to and during the event by town officials~ b. The address of the event location. c. Proposed dates and hours of the special event, including set up and shutdown times; d. Expected maximum number of persons intended to use the property at one time and collectively, including organizers, employees, vendors, exhibitors and spectators/participants; Expected numbers of automobiles and other vehicles intended to use the property at one time and collectively; The name, address and telephone number of the person(s) who will be engaged in the preparation and/or sale of food, alcohol, beer and a copy of the State Liquor Authority License and County Department of Health Services permit number for the activity. Name and address and cellular telephone number of any security company which will work on the premises, and a description of the duties to be performed. The dimensions of any tents to be utilized for the event. All tents erected in connection with an event will require an application to and the approval of the Building Department Southold Town Meeting Agenda - May 22, 2012 Page 31 i. Certification that the property where the event is to take place is not subiect to any covenant or restriction limiting its use, or if the use is restricted by easement or otherwise, a copy of a survey or diagram depicting the easement area and any reserved area where development rights are intact. j. The applicant must provide a certificate of general liability insurance naming the Town of Southold as an additional insured with limits of 2 million dollars per occurrence or such other limit as may be required by the Town Board. An application fee in the following amounts for each event: a. $150.00 for events with up to 250 attendees b. $250.00 for events with 251 to 500 attendees c. $350.00 for events with 501 to 749 attendees d. $450.00 for events with 750 to 999 attendees e. $5m50.00 for events with 1,000 or more attendees £ Applications that are submitted less than sixty (60) days prior to the proposed event may be reiected or subiect to a late processing fee of $250.00. A general description of the proposed event including: a. The purpose of the event and description of the nature of the activities to be carried on and the admission fee to be charged, if any; b. Names of groups, organizations, charities or individuals who shall benefit from the proceeds of the event. A parking/event plan showing: a. The size of the property and its location in relation to abutting streets or highways; b. The size and location of any existing building(s) or structure(s) that will be in operation during the course of the event and any proposed building, structure or signs to be erected temporarily for the event; c. The location of the stage or tents, if any; d. The designated areas of use for spectators, exhibitors, vendors, employees and organizers; e. Location of all exits~ £ The location of all fire extinguishers and other fire safety equipment; g. The location of all temporary utilities to be installed for the event, if any; h. The layout of any parking area for automobiles and other vehicles and the means of ingress and egress for such parking areas. The parking spaces must allow for 300 sq. ft. per car. i. A traffic control plan for vehicles entering and leaving the site for the proposed event. i. Plan for the use of live outdoor music, loudspeakers and other sounds which will be used, if any and the type and location of speakers and other audio equipment. k. A description of emergency access and facilities related to the event. 1. Provisions to dispose of any garbage, trash, rubbish or other refuse. m. Location and description of any additional lighting to be utilized in coniunction with the event~ n. Location of sanitar~ facilities on site. Southold Town Meeting Agenda - May 22, 2012 Page 32 A description of any signage to be displayed adiacent to a Town, county or state road, including size, location and dates of display. ZBA Chairperson may require the applicant to send and provide certification that written notice was sent to every property owner abutting or adiacent to the property where the event is to be held, 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 property that is the subject of the application. Said notice shall include the date, time and location of the proposed special event. Notwithstanding the foregoing, the Chairperson of the Zoning Board of Appeals shall have the discretion to waive any application requirement set forth in this Section. §205-4. Application Review Procedure and Standards. All applications for a special event permit must be submitted at least sixty (60) days prior to a proposed event to the Zoning Board of Appeals office. Any applications that are incomplete will not be accepted or processed. When the Chairperson of the Zoning Board of Appeals determines said application is complete, the Chairperson shall distribute said application and documentation to any Town, County or State agencies that may have jurisdiction over the event for their review and comment on any of the criteria set forth in §205-4(5) of this Article. Such referrals may include the Police Department, the Planning Department, the Building Department, the Land Preservation Department, the Code Enforcement Department, Fire Safety Inspector and Town Attorney. Upon receipt of comments, the Chairperson of the Zoning Board of Appeals shall determine whether to require revisions to the proposed event application. If no revisions are required or, upon the submission of a revised application, the Chairperson of the Zoning Board of Appeals may deny or approve the application with conditions. In determining whether to grant a special event permit, the Chairperson of the Zoning Board of Appeals shall consider the following: a. the size and capacity of the site to accommodate the proposed event; b. the facilities availabl% c. the availability of highway and other means of transportation to and from the site; d. Impact ofthe event on the safe and orderly movement oftraffic within and contiguous to the event; e. Need for the Town to police such event, and whether the numbers of police officers assigned to properly police such event will prevent the Town from providing adequate police protection to the remainder of the Town. £ Impact of the event on fire and police protection and ambulance service to the areas contiguous to the event and to the Town in general. g. Impact of the event on the movement of fire-fighting equipment or ambulance service to the Town or to areas contiguous to the event. h. Whether the owner, applicant or event sponsor has violated a previously issued special event permit; Southold Town Meeting Agenda - May 22, 2012 Page 33 i. Verification that there are no outstanding violations on the property at which the event will be held or any outstanding or unsatisfied conditions of a town agency approval, including but not limited to those of the Planning Board or the Zoning Board of Appeals. j. Verification that the grant of the permit will not violate any existing covenants or easements on the property. k. Whether a permit has been ~ranted for a prior event that was the same or substantially similar to the event applied for; 1. If two or more events are scheduled for the same date are within a half mile radius of each other, the Chairperson of the Zoning Board of Appeals will determine if there are adequate resources for the events. If there are not sufficient resources to ensure public health and safety, the Chairperson of the Zoning Board of Appeals shall deny one or more permits if the impacts of the events cannot be mitigated. When deciding which event to deny, the Chairperson of the Zoning Board of Appeals shall consider the following: i. Whether the event is recurring ii. Whether the site has been subiect to a violation within the last three years. iii. The date the permit application was submitted. iv. If events occurred the prior calendar year, the Chairperson of the Zoning Board of Appeals shall consider what their impact was on that area of the Town v. Whether the event will yield a donation to one or more local charities. m. If an applicant is requesting a special event permit that was held the previous year, the verification must be submitted from those charities listed on the previous application. n. Impacts on adiacent property owners and the surrounding neighborhood; and o. Any other matters that relates to the health, safety and welfare of the general public. Any event held on property owned, leased or controlled by the Town or a Special District within the Town, or any event where the expected attendance exceeds 1,000 people shall be subiect to approval by resolution ofa maiorit¥ of the Town Board. In reviewing applications for such events, the Town Board may consider the following criteria in addition to the criteria set forth above: a. The size of the premises in relation to the number of people attending the event; b. The sufficiency of arrangements made to control traffic, parking, noise, lighting and refuse; c. 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; d. Conflicts with ordinary public use of the land or facilities involved; e. Whether the applicant has been convicted for failure to comply with the terms of this chapter within the past three years; and £ Adherence to the Town Board policy of discouraging events at Town beaches and parks from the Friday before the observance of Memorial Day until Labor Day. Southold Town Meeting Agenda - May 22, 2012 Page 34 For any event that is not on property owned, leased or controlled by the Town, 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 and any monies remaining will be returned to the applicant. For any event that is to be held on land owned, leased or controlled by the Town of Southold: a. the applicant must provide a certificate of general liability insurance naming the Town of Southold as an additional insured with limits of 2 million dollars per occurrence or such other limit as may be required by the Town Board. b. the applicant shall pay a clean up deposit of $250; and c. Where the Town 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 and any monies remaining will be returned to the applicant. 9. Notwithstanding the foregoing, the Town Board shall have the discretion to waive any application requirement set forth in this Chapter. 10. A special event permit is not transferrable and shall expire at the close of the event(s) for which it is issued. 11. The special event permit issued hereunder shall be displayed on the premises during the special event and shall be available for inspection by a police officer or other enforcement officer of the Town upon request. 12. Applications for tent permits required for any event must be submitted directly to the Building Department. §205-5. Modification or rescission of permit. If, after a permit is issued, the Chairperson of the Zoning Board of Appeals or Town Board determine that any of the representations and/or statements contained in the application are materially inaccurate or any of the conditions of the permit have not been complied with, the Town may serve the permittee's agent, a notice of rescission of special permit specifying the manner in which the permittee has not complied with the terms of its permit and/or identifying the incorrect information supplied in the application. The Zoning Board of Appeals Chairperson or the Town Board may, for good cause, modify or rescind such permit, absolutely or upon conditions. §205-6. Penalties for offenses. It shall be unlawful for any owner, occupant or their agents or any other person to fhil to comply with any provisions of this chapter or to fail in any manner to comply with a written notice, directive or order of the Director of Code Enforcement, Zoning Inspector Southold Town Meeting Agenda - May 22, 2012 Page 35 or the Southold Police Department or to conduct an,/special event in a manner not in compliance with a permit issued pursuant to this chapter and with the provisions of this Code. For each offense against an,/of the provisions of this chapter or failure to compl,/with a written notice or order of an`/Director of Code Enforcement, Zoning Inspector or the Southold Police Department within the time fixed for compliance therewith, the owner, occupant or their agents or an,/other person who commits, takes part or assists in the commission of an`/such offense or who shall fail to compl,/with a written order of the Director of Code Enforcement, Zoning Inspector or the Southold Police Department shall be subiect to the following: a. Failure to obtain a permit. An,/person conducting a special event that is regulated under this chapter without first obtaining a permit according to the procedures outlined herein shall be subiect to a fine not less than $500.00 and not more than $1,000.00. b. Failure to compl,/with the terms of a permit. An,/person failing to compl,/with the terms of a permit shall be subiect to a fine of not less than $500.00 and not more than $1,500.00. For each subsequent offense, violator shall be guilt,/ofa misdemeanor punishable b,/a fine not less than $500.00 nor more than $5,000.00. No new special event permits will be issued to an,/propert,/owner, occupant or their agent if the`/are a named defendant in an outstanding or unresolved violation of this Chapter. The Town ma,/also maintain an action or proceeding in a court of competent iurisdiction to compel compliance with or to restrain b,/iniunction the violation of this chapter. 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 2012 461 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hg~vys Appt Scott Russell [] [] [] [] [] No Action Southold Town Meeting Agenda - May 22, 2012 Page 36 2012-454 CATEGORY: DEPARTMENT: Property Acquisition Purchase Land Preservation Pekunka Open Space Elect to Purchase & SEQRA WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of open space fee title on a certain property owned by Barbara J. Maczewski, Sandra M. Rinehart, and Michael M. Pekunka on the 22nd day of May, 2012, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is located on the north side of Pipes Neck Road approximately 385 feet easterly from the intersection of NYS Route 25 and Pipes Neck Road to the LIRR track and further identified as part of SCTM #1000-53-1-6. The address is 475 Pipes Neck Road in Greenport, New York. The property is located in the LI (Light Industrial) zoning district; and WHEREAS, the purchase comprises a part of the property consisting of approximately 10.38± acres of the total property area, which excludes from the purchase an area of approximately 40,000 square feet (0.92 acre) that includes the existing residential dwelling and accessory structures. The exact area of the open space fee title purchase is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owners; and WHEREAS, the total purchase price is $550,000 (five hundred fifty thousand dollars) and is not based on a per acre value. The purchase will be funded by the Town's Community Preservation Fund; and WHEREAS, this acquisition project is eligible for an awarded grant from the New York State Office of Parks, Recreation and Historic Preservation to be used towards 50% of the purchase price plus acquisition costs; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved for purposes of open space, fresh and salt water marshes and wetland protection, and furtherance of a greenbelt. The purpose of this acquisition is for open space protection, passive recreational purposes, wetland and biological diversity protection and to expand the existing preservation and protection efforts of the Town and County within the Pipes Cove Area. Proposed uses of the property may include the establishment of a nature preserve, and a passive recreational area with trails, all subject to a Stewardship Management Plan that will be developed for this property; and WHEREAS, the Land Preservation Coordinator has reviewed the acquisition in accordance with Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5. Sanitary Flow Credits may be available for transfer from the property upon the Town's purchase of the property. The transfer of the Sanitary Flow Credits will not be finalized, and Southold Town Meeting Agenda - May 22, 2012 Page 37 shall not occur, until the Town closes on the property, and the Town Board passes a resolution allowing the transfer of such credits into the Town TDR Bank; and WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program ("LWRP") and the LWRP Coordinator recommends that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire an open space fee title purchase; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase fee title on this open space land; and, WHEREAS, THE TOWN BOARD OF THE TOWN OF SOUTHOLD CLASSIFIES THIS ACTION AS AN UNLISTED ACTION PURSUANT TO THE SEQRA RULES AND REGULATIONS, 6NYCRR 617.1 ET. SEQ.; AND, WHEREAS, the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and, WHEREAS, the Town Board of the Town of Southold accepted the Short Environmental Form for this project that is attached hereto; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action; and, be it further RESOLVED that the Town Board of the Town of Southold hereby elects to purchase fee title to this open space land from Barbara J. Marczewski, Sandra M. Rinehart, and Michael M. Pekunka identified as part of SCTM #1000-53.-1-6. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the Town Board determines that this action is consistent with the LWRP. Vote Record Resolution RES 2012 454 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland [] [] [] [] [] Defeated [] Tabled Ct~'istopher Talbot [] [] [] [] [] Withch-awn Jill Doherty [] [] [] [] [] Supe~wisor's Appt Albert Krupski Jr. [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans [] [] [] [] Southold Town Meeting Agenda - May 22, 2012 Page 38 [] Town Clerk's Appt Scott Russell [] Supt Hgwys Appt [] No Action Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at P.M. Elizabeth A. Neville Southold Town Clerk VI. PUBLIC HEARINGS Motion To: Motion to recess to Public Hearing PH 5/22/12 ~ 4:32 PM LL/Special Events 5/22/2012 4:34 p.m. Pekunka Open Space PH