HomeMy WebLinkAboutAG-06/18/2013ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
PO Box 1179
Southold, NY 11971
Fax (631) 765-6145
Telephone: (631 ) 765 - 1800
www.southoldtownny.gov
FINAL
AGENDA
SOUTHOLD TOWN BOARD
June 18, 2013
4:30 PM
POLICY: At scheduled Town Board meetings, the attending public is encouraged to briefly
address the Town Board relating to agenda resolutions prior to their enactment; the public will
also be given time at the conclusion of the regularly scheduled business agenda to address the
Board on any given topic.
ONLINE ACCESS: The Agenda is generally available the Friday before the meeting. The
video of the meeting is usually available 1-2 hours after the meeting. Minutes with adopted
resolutions are available 1-2 days after the meeting. A full copy of the minutes, agenda and
meeting video can be viewed in one of two ways:
(1) The town of Southold website: www. southoldtownn¥.gov Click on "Town Board On-
Line"; Click Box "Yes" to be redirected to IQM2 and you will then be redirected to the Town
Clerk online site.
(2) www.townclerk, com Enter zip code 11971 in box on lower right hand side and "enter".
On the left hand side of screen a dark blue box will pop up, you will see "Town of Southold,
Long Island, NY", click on this and another box will pop up that will tell you that you are being
directed to another site click on "Yes" to go into the Town Clerk site.
Go to the date of the meeting and click on "Minutes Packet" this is the full copy of the
resolutions. (Scroll to bottom of page for KEY to symbols). You can view the live video of the
meeting by clicking on the camera symbol. All of this information is available 24/7.
If you would like help navigating the site, please feel free to call my office 631-765-1800.
CALL TO ORDER
4:30 PM Meeting called to order on June 18, 2013 at Peconic Landing, Main Road, Greenport,
NY.
Attendee Name Present Absent Late Arrived
Councilman James Dinizio Jr [] [] []
Councilman William Ruland [] [] []
Councilwoman Jill Doherty [] [] []
Councilman Christopher Talbot [] [] []
Southold Town Meeting Agenda - June 18, 2013
Page 2
Justice Louisa P. Evans [] [] []
Supervisor Scott Russell [] [] []
I. REPORTS
1. Planning Board
May 2013
2. Budget
April 2013
May 2013
3. Recreation Department
April and May 2013
4. Building Department
May 2013
5. Board of Town Trustees
May 2013
6. Justice Rudolph H. Bruer
May 2013
7. Post-Retirement Healthcare Plan
Actuarial Valuation Report 2012
8. Special Projects Coordinator
May 2013
9. Dept of Public Works Monthly Report
May 2013
10. Zoning Board of Appeals
May 2013
11. Program for the Disabled
May 2013
II. PUBLIC NOTICES
1. Suffolk County Dept of Economic Development and Planning
List of parcels that are being considered for inclusion in an existing certified agricultural district
Southold Town Meeting Agenda - June 18, 2013
Page 3
lll. COMMUNICATIONS
IV. DISCUSSION
1. 9:00 - Barbara Schnitzler and Barbara Butterworth of the New Suffolk Waterfront Fund
Application for LWRP Grant Funds
2. 9:15 Vincent Orlando and Joe Frohnhoefer
Sea Town Foundation Life Jacket Loaner Stations
3. 9:30 Heather Lanza, Planning Director
Natural Hazards Chapter (Coastal Resiliency Plan)
4. LL/Plum Island & Marine II Zoning (To be Set for Public Hearings)
5. 10:00 Phillip Beltz with Fred Andrews, Housing Advisory Commission
CPF Exemption for First-Time Homebuyers
6. 10:15 Phillip Beltz
Setting Annual Affordable Housing Sales Price, Rental, Buyout & Sanitary Flow- Credit and
Letter to USDA
7. 10:30 Phillip Beltz with Costa Kokkinos, Youth Bureau
Social Media for the Youth Bureau
8. LL/Dogs on Beaches
9. Executive Session: Labor
Matters involving Employment of Particular Person(s)
Update of PBA Negotiations
10. Executive Session: Litigation
TOS v. Go Green Sanitation Inc., et al
TOS v. Rose's Vineyard, LLC and Joseph Paul Winery, Inc d/b/a Vineyard 48
11. LL/Amendments to Chapter 205 Special Events (To be Set for PH)
12. 10:45 Am - Melissa Spiro, Land Preservation
FEMA Hazard Mitigation Program
¥. RESOLUTIONS
2013-460
CA TEGORY: Audit
Southold Town Meeting Agenda - June 18, 2013
Page 4
DEPARTMENT: Town Clerk
Approve Audit
RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated
June 18~ 2013.
Vote Record Resolution RES 2013 460
[] Adopted
[] Adopted as Amended Yes/Aye No/Nay Abstain Absent
[] Defeated James Dinizio Jr [] [] [] []
[] Tabled
[] [] []
[] With&awn William Ruland []
[] Supe~wisor's Appt Jill Doherty [] [] [] []
[] Tax Receiver's Appt Ct~'istopher Talbot [] [] [] []
[] Rescinded
Louisa P. Evans [] [] [] []
[] Town Clerk's Appt
[] Supt Hg~vys Appt Scott Russell [] [] [] []
[] No Action
2013-461
CATEGORY:
DEPARTMENT:
Set Meeting
Town Clerk
Set Next Regular Meeting
RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held,
Tuesday, July 2, 2013 atthe Southold Town Hall, Southold, New York at 7:30 P.M..
Vote Record Resolution RES 2013 461
[] Adopted
[] Adopted as Amended Yes/Aye No/Nay Abstain Absent
[] Defeated James Dinizio Jr [] [] [] []
[] Tabled
[] [] []
[] With&awn William Ruland []
[] Supe~wisor's Appt Jill Doherty [] [] [] []
[] Tax Receiver's Appt Ct~'istopher Talbot [] [] [] []
[] Rescinded
Louisa P. Evans [] [] [] []
[] Town Clerk's Appt
[] Supt Hg~vys Appt Scott Russell [] [] [] []
[] No Action
2013-462
CATEGORY: Close/Use Town Roads
Southold Town Meeting Agenda - June 18, 2013
Page 5
DEPARTMENT: Town Clerk
~VFEC "Save What's Left"Bike Event
RESOLVED that the Town Board of the Town of Southold hereby grants permission to the
North Fork Environmental Council to hold its "Bike What's Left" event, on Saturday, July 13,
2013 (rain date July 14) beginning at 10:00 AM, The route will begin in Mattituck and follow
routes using Pike Street, Wickham Avenue, Grand Avenue, Mill Lane, Oregon Road, Depot
Lane, Main Road, New Suffolk Avenue, Grathwohl Road, Bridge Lane, Route 48, Mill Road,
Sound View Avenue, Lighthouse Road, and Albertson Lane. Permission is granted provided they
closely adhere to the conditions of the Southold Town Policy and Special Events on Town
Properties andRoads. Failure to comply with conditions 5 and 6 of the policy shall result in the
forfeiture of the cleanup deposit.
All fees to be waived except the cleanup deposit. Support is for this year only, as the Southold
Town Board continues to evaluate the use of town roads
Vote Record Resolution RES 2013 462
[] Adopted
[] Adopted as Amended Yes/Aye No/Nay Abstain Absent
[] Defeated James Dinizio Jr [] [] [] []
[] Tabled
[] [] []
[] Withch-awn William Ruland []
[] Supe~wisor's Appt Jill Doherty [] [] [] []
[] Tax Receiver's Appt Ct~'istopher Talbot [] [] [] []
[] Rescinded
Louisa P. Evans [] [] [] []
[] Town Clerk's Appt
[] Supt Hg~vys Appt Scott Russell [] [] [] []
[] No Action
2013-463
CATEGORY:
DEPARTMENT:
Public Service
Town Clerk
Mattituck-Laurel Historical Society's Annual Lawn Sale
Financial ]rnpact:
No cost to PD; no TCOs required
RESOLVED the Town Board of the Town of Southold hereby grants permission to the
Mattituck-Laurel Historical Society and Museums to hold its Annual Lawn Sale on the society's
grounds on July 6, 2013 from 8:00 AM to 4:00 PM.
· /VoteRecord Resolution RES 2013 463
[] Adopted
[] Adopted as Amended
James DinizioJr
[] Defeated
Yes/Aye No/Nay Abstain Absent
[] [] [] []
Southold Town Meeting Agenda - June 18, 2013
Page 6
[] Tabled William Ruland
[] With&awn
Jill Doherty
[] Supe~wisor's Appt
[] Tax Receiver's Appt Ct~'istopher Talbot
[] Rescinded Louisa P. Evans
[] Town Clerk's Appt Scott Russell
[] Supt Hgwys Appt
[] No Action
2013-464
CATEGORY:
DEPARTMENT:
Close/Use Town Roads
Town Clerk
New Suffolk Civic Assoc. 4Th of duly Parade
Financial Impact:
Police Department Cost for Event = 215.44
RESOLVED that the Town Board of the Town of Southold hereby grants permission to the
New Suffolk Civic Association to use the tn
following route for its 4 of July Parade in New
Suffolk, on July 4, 2013 at 11:00 AM beginning with a line up at 10:30 AM on Old Harbor and
Tuthill Roads; participants will march down New Suffolk Road, Fifth Street, Main Street, First
Street and on to the Town Beach, provided they follow all the conditions in the Town's Policy
for Special Events on Town Properties. Failure to comply with items 5 and 6 of the conditions
of the policy will result in the forfeiture of the cleanup deposit of $250. All other fees are
waived.
Support is for this year only, as the Southold Town Board continues to evaluate the use of town
roads.
Vote Record Resolution RES 2013 464
[] Adopted
[] Adopted as Amended Yes/Aye No/Nay Abstain Absent
[] Defeated James Dinizio Jr [] [] [] []
[] Tabled
[] [] []
[] With&awn William Ruland []
[] Supe~wisor's Appt Jill Doherty [] [] [] []
[] Tax Receiver's Appt Ct~'istopher Talbot [] [] [] []
[] Rescinded
Louisa P. Evans [] [] [] []
[] Town Clerk's Appt
[] Supt Hg~vys Appt Scott Russell [] [] [] []
[] No Action
2013-465
Southold Town Meeting Agenda - June 18, 2013
Page 7
CATEGORY:
DEPARTMENT:
Close/Use Town Roads
Town Clerk
Cystic Fibrosis Bike Tour
RESOLVED that the Town Board of the Town of Southold hereby grants permission to the
Greater New York Chapter of the Cystic Fibrosis Foundation to use a multitude of roads
throughout Southold Town from the Riverhead Town line to Orient, as described in the route
maps filed with the application, for its Cystic Fibrosis Cycle for Life, on Saturday, October 5,
2013 from 7:00 AM to 4:00 PM: the route in Southold begins and ends atthe Riverhead Town
line, provided the applicant adheres to the Southold Town Policy and Special Events on Town
Properties andRoads. Failure to comply with items 5 and 6 of the policy conditions will result
in the forfeiture of the cleanup deposit.
Support is for this year only, as the Southold Town Board continues to evaluate the use of town
roads.
Vote Record Resolution RES 2013 465
[] Adopted
[] Adopted as Amended Yes/Aye No/Nay Abstain Absent
[] Defeated James Dinizio Jr [] [] [] []
[] Tabled
William Ruland [] [] [] []
[] Withch-awn
[] Supe~wisor's Appt Jill Doherty [] [] [] []
[] Tax Receiver's Appt Ct~'istopher Talbot [] [] [] []
[] Rescinded
Louisa P. Evans [] [] [] []
[] Town Clerk's Appt
[] Supt Hg~vys Appt Scott Russell [] [] [] []
[] No Action
2013-466
CATEGORY: Employment - FWD
DEPARTMENT: Accounting
Appoint Heather Stone Seasonal Deckhand
RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the
resolution of the Fisher Island Ferry District adopted June 3, 2013 that appoints Heather Stone as
seasonal deckhand.
Vote Record Resolution RES 2013 466
[] Adopted Yes/Aye No/Nay Abstain Absent
[] Adopted as Amended James Dinizio Jr [] [] [] []
[] Defeated
[] Tabled William Ruland [] [] [] []
[] Withch-awn Jill Doherty [] [] [] []
Southold Town Meeting Agenda - June 18, 2013
Page 8
[] Supe~wisor's Appt Ctn'istopher Talbot
[] Tax Receiver's Appt
Louisa P. Evans
[] Rescinded
[] Town Clerk's Appt Scott Russell
[] Supt Hgwys Appt
[] No Action
2013-467
CATEGORY: Employment - FIFD
DEPARTMENT: Accounting
.~lppoint Feronica l~apralov Seasonal Clerk
RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the
resolution of the Fisher Island Ferry District adopted June 3, 2013 that appoints Veronica
Kapralov as a seasonal clerk.
Vote Record Resolution RES 2013 467
[] Adopted
[] Adopted as Amended Yes/Aye No/Nay Abstain Absent
[] Defeated James Dinizio Jr [] [] [] []
[] Tabled
William Ruland [] [] [] []
[] With&awn
[] Supe~wisor's Appt Jill Doherty [] [] [] []
[] Tax Receiver's Appt
Ct~'istopher Talbot [] [] [] []
[] Rescinded
Louisa P. Evans [] [] [] []
[] Town Clerk's Appt
[] Supt Hg~vys Appt Scott Russell [] [] [] []
[] No Action
2013-468
CATEGORY:
DEPARTMENT:
Planning
Town Clerk
Planning Bd Training Requirement Proposal 2012
RESOLVED that the Town Board of the Town of Southold hereby authorizes and approves the
Southold Town Planning Board's training proposal entitled "Planning Board Training
Requirement Proposal for 2013" as sufficient to satisfy the training requirements for Planning
officials pursuant to Town Law Section 271(7) (a-d).
Vote Record Resolution RES 2013 468
[] Adopted Yes/Aye No/Nay Abstain Absent
Southold Town Meeting Agenda - June 18, 2013
Page 9
[] Adopted as Panended James Dinizio Jr
[] Defeated
William Ruland
[] Tabled
[] Withch-awn Jill Doherty
[] Supe~wisor's Appt Ct~'istopher Talbot
[] Tax Receiver's Appt Louisa P. Evans
[] Rescinded
[] Town Clerk's Appt Scott Russell
[] Supt Hgwys Appt
[] No Action
2013-469
CATEGORY: Employment - FWD
DEPARTMENT: Accounting
Appoint Michael Franco Marine Mechanic
RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the
resolution of the Fisher Island Ferry District adopted June 3, 2013 that appoints Michael Franco
as a Marine Mechanic.
Vote Record Resolution RES 2013 469
[] Adopted
[] Adopted as Panended Yes/Aye No/Nay Abstain Absent
[] Defeated James Dinizio Jr [] [] [] []
[] Tabled
[] With&'awn William Ruland [] [] [] []
[] Supe~wisor's Appt Jill Doherty [] [] [] []
[] Tax Receiver's Appt Ct~'istopher Talbot [] [] [] []
[] Rescinded
Louisa P. Evans [] [] [] []
[] Town Clerk's Appt
[] Supt Hg~vys Appt Scott Russell [] [] [] []
[] No Action
2013-470
CATEGORY:
DEPARTMENT:
Budget Modification
Highway Department
Highway Dept. Budget Mod
Financial Impact:
to cover over expenditures
Southold Town Meeting Agenda - June 18, 2013
Page 10
RESOLVED that the Town Board of the Town of Southold hereby modifies the 201:3 Highway
Fund Part Town budget as follows:
From:
DB.5110.1.100.200
General Repairs
Personal Services
Full Time Employees
Overtime Earnings
$ 9,895.00
To:
DB.5142.1.100.200
Snow Removal
Personal Services
Full Time Employees
Overtime Earnings
TOTAL: $ 9,895.00
$ 9,895.00
TOTAL: $ 9,895.00
Vote Record Resolution RES 2013 470
[] Adopted
[] Adopted as Amended Yes/Aye No/Nay Abstain Absent
[] Defeated James Dinizio Jr [] [] [] []
[] Tabled
[] With&awn William Ruland [] [] [] []
[] Supe~wisor's Appt Jill Doherty [] [] [] []
[] Tax Receiver's Appt
Ct~'istopher Talbot [] [] [] []
[] Rescinded
Louisa P. Evans [] [] [] []
[] Town Clerk's Appt
[] Supt Hg~vys Appt Scott Russell [] [] [] []
[] No Action
2013-471
CATEGORY: Employment - FIFD
DEPARTMENT: Accounting
Classify John Morgan Captain
RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the
resolution of the Fisher Island Ferry District adopted May 20, 2013 that solely classifies John
Morgan as Captain effective December 11, 2012.
· /VoteRecord Resolution RES 2013 471
[] Adopted Yes/Aye No/Nay Abstain Absent
[] Adopted as Amended
James Dinizio Jr [] [] [] []
[] Defeated
[] Tabled William Ruland [] [] [] []
Southold Town Meeting Agenda - June 18, 2013
Page 11
[] Withch-awn Jill Doherty
[] Supe~wisor's Appt
Ct~'istopher Talbot
[] Tax Receiver's Appt
[] Rescinded Louisa P. Evans
[] Town Clerk's Appt Scott Russell
[] Supt Hgwys Appt
[] No Action
2013-472
CATEGORY:
DEPARTMENT:
Bid Acceptance
Police Dept
Accept Bid of Pirate%' Cove Marina for Fishers ]sland's Channel Markers, Buoys, Etc.
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Pirate's
Cove Marine, Inc., Fishers Island, New York, in the amount of $3,000.00 for repair and
placement of channel markers to be placed in both West Harbor and Hay Harbor, Fishers Island,
New York, as well as retrieve, repair and replace, or return missing markers and instructional
floats that are lost during the season, at a rate of $85.00 per marker plus the cost of necessary
materials, buoys to be prepared and placed at the beginning of the season, and removed and
stored by October 15, 2013; foregoing all in accordance with the bid notice of the Fishers Island
Harbor Committee and subject to the approval of the Town Attorney.
Vote Record Resolution RES 2013 472
[] Adopted
[] Adopted as Amended Yes/Aye No/Nay Abstain Absent
[] Defeated James Dinizio Jr [] [] [] []
[] Tabled
[] Withch-awn William Ruland [] [] [] []
[] Supe~wisor's Appt Jill Doherty [] [] [] []
[] Tax Receiver's Appt
Ct~'istopher Talbot [] [] [] []
[] Rescinded
Louisa P. Evans [] [] [] []
[] Town Clerk's Appt
[] Supt Hg~vys Appt Scott Russell [] [] [] []
[] No Action
2013-473
CATEGORY:
DEPARTMENT:
Property Usage
Recreation
Approve Use of Downs Farm
Southold Town Meeting Agenda - June 18, 2013
Page 12
RESOLVED that the Town Board of the Town of Southold does hereby
grant permission to the Wilderness Traveling Museum to use Downs Farm
for nature programs for children on Saturday, August 3 from 7:00 a.m. -
2:00 p.m. and from August 5-9 from 7:00 a.m. - 5:00 p.m. Applicant must
file with the Town Clerk a One Million Dollar Certificate of Insurance
naming the Town of Southold as additional insured.
Vote Record Resolution RES 2013 473
[] Adopted
[] Adopted as Amended Yes/Aye No/Nay Abstain Absent
[] Defeated James Dinizio Jr [] [] [] []
[] Tabled
[] [] []
[] With&awn William Ruland []
[] Supe~wisor's Appt Jill Doherty [] [] [] []
[] Tax Receiver's Appt Ct~'istopher Talbot [] [] [] []
[] Rescinded
Louisa P. Evans [] [] [] []
[] Town Clerk's Appt
[] Supt Hg~vys Appt Scott Russell [] [] [] []
[] No Action
2013-474
CATEGORY:
DEPARTMENT:
Attend Seminar
Planning Board
Attend Seminar
Financial Impact:
RESOLVED that the Town Board of the Town of Southold hereby grants permission to Mark
Terry, Principal Planner, Brian Cummings, Planner and Alyxandra Sabatino, Planner, to attend
the East End Planning Conference in Riverhead, NY, on June 27,2013. All expenses for
registration and travel to be a legal charge to the 2013 Planning Budget.
Vote Record Resolution RES 2013 474
[] Adopted
[] Adopted as Amended Yes/Aye No/Nay Abstain Absent
[] Defeated James Dinizio Jr [] [] [] []
[] Tabled
[] [] []
[] With&awn William Ruland []
[] Supe~wisor's Appt Jill Doherty [] [] [] []
[] Tax Receiver's Appt Ct~'istopher Talbot [] [] [] []
[] Rescinded
Louisa P. Evans [] [] [] []
[] Town Clerk's Appt
[] Supt Hg~vys Appt Scott Russell [] [] [] []
[] No Action
Southold Town Meeting Agenda - June 18, 2013
Page 13
2013-475
CATEGORY: Employment - Town
DEPARTMENT: Accounting
Accepts Resignation Jordan P. Doroski
RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of
Jordan P. Doroski from the position of Part Time Scale Operator for the Solid Waste District,
effective June 2, 2013.
Vote Record Resolution RES 2013 475
[] Adopted
[] Adopted as Amended Yes/Aye No/Nay Abstain Absent
[] Defeated James Dinizio Jr [] [] [] []
[] Tabled
[] [] []
[] Withch-awn William Ruland []
[] Supe~wisor's Appt Jill Doherty [] [] [] []
[] Tax Receiver's Appt Ct~'istopher Talbot [] [] [] []
[] Rescinded
Louisa P. Evans [] [] [] []
[] Town Clerk's Appt
[] Supt Hg~vys Appt Scott Russell [] [] [] []
[] No Action
2013-476
CATEGORY: Attend Seminar
DEPARTMENT: Police Dept
Chief to Attend lACP Conference
RESOLVED that the Town Board of the Town of Southold hereby ~rants permission to Chief
Martin Flatley to attend the 2013 International Association of Chiefs of Police Conference
in Philadelphia, PA from October 20-22, 2013. All expenses for registration, travel to be a
legal charge to the 2013 Police Training budget line A. 3120.4.600.200
Southold Town Meeting Agenda - June 18, 2013
Page 14
Vote Record Resolution RES 2013 476
[] Adopted
[] Adopted as Amended Yes/Aye No/Nay Abstain Absent
[] Defeated James Dinizio Jr [] [] [] []
[] Tabled
[] [] []
[] With&awn William Ruland []
[] Supe~wisor's Appt Jill Doherty [] [] [] []
[] Tax Receiver's Appt Ct~'istopher Talbot [] [] [] []
[] Rescinded
Louisa P. Evans [] [] [] []
[] Town Clerk's Appt
[] Supt Hg~vys Appt Scott Russell [] [] [] []
[] No Action
2013-477
CATEGORY:
DEPARTMENT:
Committee Appointment
Town Clerk
Reappoint Mike Posey to FI Harbor Comm
RESOLVED the Town Board of the Town of Southold hereby reappoints Mike Posey as a
Harbor Property Owner to the Fishers Island Harbor Committee, effective immediately through
March 31, 2018.
Vote Record Resolution RES 2013 477
[] Adopted
[] Adopted as Amended Yes/Aye No/Nay Abstain Absent
[] Defeated James Dinizio Jr [] [] [] []
[] Tabled
William Ruland [] [] [] []
[] With&awn
[] Supe~wisor's Appt Jill Doherty [] [] [] []
[] Tax Receiver's Appt Ct~'istopher Talbot [] [] [] []
[] Rescinded
Louisa P. Evans [] [] [] []
[] Town Clerk's Appt
[] Supt Hg~vys Appt Scott Russell [] [] [] []
[] No Action
2013-478
CATEGORY:
DEPARTMENT:
Public Service
Town Clerk
Fireworks Permit to the Greenport Fire Department for Fireworks Display on duly 3 and duly 6, 2013
Southold Town Meeting Agenda - June 18, 2013
Page 15
RESOLVED that the Town Board of the Town of Southold hereby approves the issuance of a
fireworks permit by the Town Clerk to Phoenix Hook & Ladder Company No. 1 and Relief Hose
Company No. 2 of the Greenport Fire Department, for a fireworks display on Wednesday, July
3rd and Saturday, July 6th 2013, at Greenport High School's field, payment of a fee of $200,
subject to the applicant's compliance with the requirements of the Town's policy regarding the
issuance of fireworks permits and subject to the approval of the Town Attorney and the Fire
Marshal.
Vote Record Resolution RES 2013 478
[] Adopted
[] Adopted as Amended Yes/Aye No/Nay Abstain Absent
[] Defeated James Dinizio Jr [] [] [] []
[] Tabled
[] With&'awn William Ruland [] [] [] []
[] Supe~wisor's Appt Jill Doherty [] [] [] []
[] Tax Receiver's Appt
Ct~'istopher Talbot [] [] [] []
[] Rescinded
Louisa P. Evans [] [] [] []
[] Town Clerk's Appt
[] Supt Hg~vys Appt Scott Russell [] [] [] []
[] No Action
2013-479
CATEGORY:
DEPARTMENT:
Public Service
Town Clerk
SHS Ice Cream Social
Financial Impact:
Police Department Cost for Event = $49.38
RESOLVED that the Town Board of the Town of Southold hereby grants permission to the
Southold Historical Society, 54325 Main Road, Southold, New York to holds its Ice Cream
Social and provide traffic control on Saturday, August 3, 2013, from 1:00PM to 4:00 PM (Rain
Date Sunday, August4), provided they file with the Town Clerk a One Million Dollar Certificate
of Insurance naming the Town of Southold as an additional insured and coordinate traffic control
with Captain Kruszeski upon notification of the adoption of this resolution.
All Town fees for this event are waived.
Vote Record Resolution RES 2013 479
[] Adopted Yes/Aye No/Nay Abstain Absent
[] Adopted as Amended
James Dinizio Jr [] [] [] []
[] Defeated
[] Tabled William Ruland [] [] [] []
[] Withch-awn Jill Doherty [] [] [] []
[] Supe~wisor's Appt
Ct~'istopher Talbot [] [] [] []
[] Tax Receiver's Appt
[] Rescinded Louisa P. Evans [] [] [] []
Southold Town Meeting Agenda - June 18, 2013
Page 16
[] Town Clerk's Appt Scott Russell
[] Supt Hgwys Appt
[] No Action
2013-480
CATEGORY:
DEPARTMENT:
Employment - Town
Recreation
Hire Seasonal Summer Employee
RESOLVED that the Town Board of the Town of Southold hereby appoints the following
individual
as a lifeguard for the 2013 summer season, June 22 - September 2 as follows:
STILLWATER LIFEGUARD HOURLY SALARY
Nicholas Chylinski (2nd year) ..................................... $12.44
Vote Record Resolution RES 2013 480
[] Adopted
[] Adopted as Amended Yes/Aye No/Nay Abstain Absent
[] Defeated James Dinizio Jr [] [] [] []
[] Tabled
[] With&awn William Ruland [] [] [] []
[] Supe~wisor's Appt Jill Doherty [] [] [] []
[] Tax Receiver's Appt
Ct~'istopher Talbot [] [] [] []
[] Rescinded
Louisa P. Evans [] [] [] []
[] Town Clerk's Appt
[] Supt Hg~vys Appt Scott Russell [] [] [] []
[] No Action
2013-481
CATEGORY:
DEPARTMENT:
Contracts, Lease & Agreements
Town Attorney
Agreement W/Cornell Cooperative Extension of Suffolk County for Conducting a Coliform Enumeration
and DNA Source Tracking for West, Wickham and East Creeks
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute the Agreement between the Town of Southold and
Cornell Cooperative Extension of Suffolk County in connection with conducting a Coliform
Enumeration and DNA Source Tracking for West, Wickham and East Creeks, to further support
the ongoing efforts by the Town's Local Waterfront Revitalization Program, at a cost not to
Southold Town Meeting Agenda - June 18, 2013
Page 17
exceed $10,498.29, plus out-of-pocket expenses for postage, photocopying, etc., subject to the
approval of the Town Attorney.
Vote Record Resolution RES 2013 481
[] Adopted
[] Adopted as Amended Yes/Aye No/Nay Abstain Absent
[] Defeated James Dinizio Jr [] [] [] []
[] Tabled
[] With&'awn William Ruland [] [] [] []
[] Supe~wisor's Appt Jill Doherty [] [] [] []
[] Tax Receiver's Appt
Ct~'istopher Talbot [] [] [] []
[] Rescinded
Louisa P. Evans [] [] [] []
[] Town Clerk's Appt
[] Supt Hg~vys Appt Scott Russell [] [] [] []
[] No Action
2013-482
CATEGORY: Contracts, Lease & Agreements
DEPARTMENT: Land Preservation
USDA -~VRCS 2013 Cooperative Agmt $ I, 898, 000 Grant
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
the Town Supervisor to execute Cooperative A~reement #73-2C31-3-1CLS between the
United States of America Commodity Credit Corporation and the Town of Southold for the
implementation of the United States Department of Agriculture Natural Resources
Conservation Service (USDA-NRCS) 2013 Federal Farm and Ranch Lands Protection Program
(FRPP) awarded grant in the amount of $1,898,000 (FY 2013 Funds), subject to the approval of
the Town Attorney.
Vote Record Resolution RES 2013 482
[] Adopted
[] Adopted as Amended Yes/Aye No/Nay Abstain Absent
[] Defeated James Dinizio Jr [] [] [] []
[] Tabled
[] With&'awn William Ruland [] [] [] []
[] Supe~wisor's Appt Jill Doherty [] [] [] []
[] Tax Receiver's Appt
Ct~'istopher Talbot [] [] [] []
[] Rescinded
Louisa P. Evans [] [] [] []
[] Town Clerk's Appt
[] Supt Hg~vys Appt Scott Russell [] [] [] []
[] No Action
Southold Town Meeting Agenda - June 18, 2013
Page 18
2013-483
CATEGORY:
DEPARTMENT:
Committee Decisions
Town Attorney
TA Budget Modif ication
Financial Impact:
covering expenses associated m connection ,with an employee bemg paid for sick time that ,was not
budgeted
RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund
Whole Town 2013 Town Attorney budget as follows:
TO:
A. 1420.1.100.400
FROM:
A. 1420.4.500.100
Town Attorney, Full-Time Employees
Sick Earnings
Town Attorney, Legal Counsel
+$3,900.00
-$3,900.00
Vote Record Resolution RES 2013 483
[] Adopted
[] Adopted as Amended Yes/Aye No/Nay Abstain Absent
[] Defeated James Dinizio Jr [] [] [] []
[] Tabled
[] [] []
[] Withch-awn William Ruland []
[] Supe~wisor's Appt Jill Doherty [] [] [] []
[] Tax Receiver's Appt Ct~'istopher Talbot [] [] [] []
[] Rescinded
Louisa P. Evans [] [] [] []
[] Town Clerk's Appt
[] Supt Hg~vys Appt Scott Russell [] [] [] []
[] No Action
2013-484
CATEGORY:
DEPARTMENT:
Advertise
Human Resource Center
A dvertise Used Equipment - HRC
Southold Town Meeting Agenda - June 18, 2013
Page 19
RESOLVED that the Town Board of the Town of Southold hereby declares the following
equipment to be surplus and authorizes and directs the Town clerk's office to advertise for sale
of same:
ProSeries Stainless Steel BBQ Grill, Minimum bid $50.00
Vote Record Resolution RES 2013 484
[] Adopted
[] Adopted as Amended Yes/Aye No/Nay Abstain Absent
[] Defeated James Dinizio Jr [] [] [] []
[] Tabled
[] [] []
[] Withch-awn William Ruland []
[] Supe~wisor's Appt Jill Doherty [] [] [] []
[] Tax Receiver's Appt Ct~'istopher Talbot [] [] [] []
[] Rescinded
Louisa P. Evans [] [] [] []
[] Town Clerk's Appt
[] Supt Hg~vys Appt Scott Russell [] [] [] []
[] No Action
2013-485
CATEGORY:
DEPARTMENT:
Advertise
Human Resource Center
Permission to Advertise for ]vT Clerk-Typist at HRC
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the
Southold Town Clerk to advertise for two weeks for the part-time position of Clerk Typist at the
Human Resource Center at $13.78 per hour for 17.5 hours weekly.
Vote Record Resolution RES 2013 485
[] Adopted
[] Adopted as Amended Yes/Aye No/Nay Abstain Absent
[] Defeated James Dinizio Jr [] [] [] []
[] Tabled
[] [] []
[] Withch-awn William Ruland []
[] Supe~wisor's Appt Jill Doherty [] [] [] []
[] Tax Receiver's Appt Ct~'istopher Talbot [] [] [] []
[] Rescinded
Louisa P. Evans [] [] [] []
[] Town Clerk's Appt
[] Supt Hg~vys Appt Scott Russell [] [] [] []
[] No Action
Southold Town Meeting Agenda - June 18, 2013
Page 20
2013-486
CATEGORY:
DEPARTMENT:
Landfill Misc.
Solid Waste Management District
Commercial MSW Tip Fee
WHEREAS the Town recently accepted the bid of Progressive Waste Solutions, Inc. for the
removal and disposal of municipal solid waste (MSW) from the Cutchogue Transfer Station at a
cost of $85/ton starting July 1, 2013, it is hereby
RESOLVED that the tip fee at the Transfer Station for the acceptance of MSW designated as
high-volume commercial shall be set at $90/ton, effective July 1, 2013.
Vote Record Resolution RES 2013 486
[] Adopted
[] Adopted as Amended Yes/Aye No/Nay Abstain Absent
[] Defeated James Dinizio Jr [] [] [] []
[] Tabled
William Ruland [] [] [] []
[] With&awn
[] Supe~wisor's Appt Jill Doherty [] [] [] []
[] Tax Receiver's Appt
Ct~'istopher Talbot [] [] [] []
[] Rescinded
Louisa P. Evans [] [] [] []
[] Town Clerk's Appt
[] Supt Hg~vys Appt Scott Russell [] [] [] []
[] No Action
2013-487
CATEGORY:
DEPARTMENT:
Budget Modification
Solid Waste Management District
SWMD Budget Modifications
Financial Impact:
To cover unexpected expenses for tractor, landscaping supplies, and tire repair; larger than anticipated
order for garbage bags.
RESOLVED that the Town Board of the Town of Southold hereby modifies the
2013 Solid Waste Management District budget as follows:
From:
Part-Time Employees Regular Earnings(SR 8160.1.200.100) 235
Maint/Supply Komatsu Loader (SR 8160.4.100.550) $1,025
Repairs CAT Loader (SR 8160.4.400.655) 1,000
Payloader/Truck Tires (SR 8160.4.100.525) 1,525
Southold Town Meeting Agenda - June 18, 2013
Page 21
Maint/CAT Compactor (SR 8160.4.100.615)
Maint/Supplies Fire Track (SR 8160.4.100.645)
To:
Admin. Overtime Earnings (SR 1490.1.100.200)
Admin. Vacation Earnings (SR 1490.1.100.300)
Supplies/Kenworth Tractor ( SR 8160.4.100.581)
Landscaping Supplies (SR 8160.4.100.900)
Tire Repair (SR 8160.4.400.625)
Garbage Bags (SR 8160.4.100.650)
350
125
$ 4,025
90
145
$ 350
125
1,525
2,025
$ 4,025
Vote Record Resolution RES 2013 487
[] Adopted
[] Adopted as Amended Yes/Aye No/Nay Abstain Absent
[] Defeated James Dinizio Jr [] [] [] []
[] Tabled
[] [] []
[] With&awn William Ruland []
[] Supe~wisor's Appt Jill Doherty [] [] [] []
[] Tax Receiver's Appt Ct~'istopher Talbot [] [] [] []
[] Rescinded
Louisa P. Evans [] [] [] []
[] Town Clerk's Appt
[] Supt Hg~vys Appt Scott Russell [] [] [] []
[] No Action
2013-488
CATEGORY: Employment - Town
DEPARTMENT: Accounting
~lppoint Christine Droskoski Senior Clerk Typist
RESOLVED that the Town Board of the Town of Southold hereby appoints Christine M.
Droskoski to the position of full-time Senior Clerk Typist for the Human Resource Center
effective June 19, 2013 at a rate of $48,807.48 per year.
Vote Record Resolution RES 2013 488
[] Adopted Yes/Aye No/Nay Abstain Absent
[] Adopted as Amended James Dinizio Jr [] [] [] []
[] Defeated
William Ruland [] [] [] []
[] Tabled
[] With&awn Jill Doherty [] [] [] []
[] Supeiwisor's Appt Ct~'istopher Talbot [] [] [] []
[] Tax Receiver's Appt
Louisa P. Evans [] [] [] []
[] Rescinded
[] Town Clerk's Appt Scott Russell [] [] [] []
Southold Town Meeting Agenda - June 18, 2013
Page 22
[] Supt Hgwys Appt
[] No Action
2013-489
CATEGORY:
DEPARTMENT:
Local Law Public Hearing
Town Attorney
LL/Amendments to Chapter 205 Special Events
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk
County, New York, onthe 18th day of June, 2013, a Local Law entitled "A Local Law in
relation to Amendments to Chapter 205~ Public Entertainment and Special Events" now,
therefore, be it
RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the
aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the
16th day of July, 2013 at 4:32 p.m. at which time all interested persons will be given an
opportunity to be heard.
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. 2013
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. Chapter 205 of the Code of the Town of Southold is hereby amended as follows:
Southold Town Meeting Agenda - June 18, 2013
Page 23
· A~i~i~1; ............ ~,: ^-- C ....... ~ · ~...o'" v..^-- or utilizing prcpcXy c';,'ncd, !cascd or ccrXrc!!cd by thc T .......
~hcr thc dope:it ':,il! bc u:cd tc cc~ ..... ~
Southold Town Meeting Agenda - June 18, 2013
Page 24
ARTICLE I
GENERAL PROVISIONS
§205-1. Purpose
It is the intent of this Chapter 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.
§205-2. Def'mitions.
PARKING CAPACITY for the purposes of this Chapter, parking capacity shall be the number
of cars, limousines or buses permitted on the site according a site plan approved by the Town of
Southold Planning Board.
SPECIAL EVENT Any temporary gathering, demonstration, performance, exhibition,
amusement or activity that is not currently a permitted use of the property in the applicable
Zoning District or which requires a parking area to accommodate all vehicles transporting
attendees to the event that is larger than the existing parking capacity of the site that is conducted
or sponsored by a person, organization, entity or association, including, but not limited to,
carnivals, circuses, fairs, bazaars, outdoor shows and concerts, parades, walks, runs, marathons,
bicycle races or motorcycle rallies, which may involve one or more of the following:
(1) The closing of a public street.
(2) The use, blocking or restriction of Town property, roads or rights of way;
(3) The use of amplified sound exceeding the standards set forth in Chapter 180 of
the Town Code.
(4) The sale of merchandise that is not ordinarily sold in the normal course of the
Applicant's business.
The sale or service of food to the public with the exception of the following:
(i) on land used in agricultural production, the sale or service of food products
composed primarily of ingredients produced on site; or
Southold Town Meeting Agenda - June 18, 2013
Page 25
(6)
(7)
(8)
(9)
(ii) on land used in agricultural production that maintains a winery or farm winery
license issued by the New York State Liquor Authority, the sale or service of food
items which customarily compliment wine tastings and that are ordinarily
consumed while standing or walking and without the need for utensils.
The substantial increase or disruption of the normal flow of traffic on any street or
highway.
The placement of portable toilets.
The placement oftemporar,/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.
§205-3. 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 and as follows:
(1) All special events on private property and with an expected attendance of less
than 1,000 attendees shall obtain the approval of the Chairperson of the Zoning
Board of Appeals in accordance with the terms set forth in Article II of this
Chapter.
(2) All special events on private property with an expected attendance exceeding
1,000 attendees or special events on Town property shall obtain the approval of
the Town Board as set forth in Article III of this Chapter.
The provisions of this Chapter shall not apply to:
(1) Any event held on property owned by any special district that is contained on site
and has adequate parking, ingress, egress, traffic control and sanitary facilities to
host such an event~
(2) Any event held on property owned by a not-for profit for its own fundraising that
is contained on site and has adequate parking, ingress, egress, traffic control and
sanitary facilities to host such an event;
(3) Occasional events on private residential properties hosted by the owner thereof to
celebrate family events, holidays, charitable or other not-for-profit fundraisers, however,
any use of residential property for profit, such as a venue for weddings or other events is
prohibited.
ARTICLE II
SPECIAL EVENTS REQUIRING CHAIRPERSON OF THE
ZONING BOARD OF APPEALS' APPROVAL
§205-4. Application Requirements.
The following information and materials are to be submitted with an application for a special
event permit. The Zoning Board of Appeals office may accept a single application for a recurring
Southold Town Meeting Agenda - June 18, 2013
Page 26
event or a series of similar events (not to exceed 6 in a 3-month period) that are of like size and
scope.
A completed Special Event Application Form which includes the following information:
(1) 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.
(2) The address of the event location.
(3) Proposed dates and hours of the special event, including set-up and shutdown
times.
(4) Expected maximum number of persons intended to use the property at one time
and collectively, including organizers, employees, vendors, exhibitors and
spectators/participants.
Expected number of automobiles and other vehicles intended to use the property
(5)
(6)
(7)
(8)
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, 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
(9)
(10)
connection with an event will require an application to, and the approval of, the
Building Department.
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.
The applicant must provide a certificate of general liability insurance naming the
Town of Southold as an additional insured with limits of $1 million dollars per
occurrence or such other limit as may be required by the Town Board for events
where expected attendance exceeds 500 attendees.
An application fee in the following amounts for each event:
(1) $150.00 for events where the expected attendance is less than 500 attendees.
(2) $250.00 for events where the expected attendance is 500 tol,000 attendees.
(3) 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:
(1) 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.
(2) Names of groups, organizations, charities or individuals who shall benefit from
the proceeds of the event.
Southold Town Meeting Agenda - June 18, 2013
Page 27
A parking/event plan showing:
(1) The size of the property and its location in relation to abutting streets or
highways.
(2) 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.
(3) The location of the stage or tents, if any.
(4) The designated areas of use for spectators, exhibitors, vendors, employees and
organizers.
(5) Location of all exits.
(6) The location of all fire extinguishers and other fire safety equipment.
(7) The location of all temporary utilities to be installed for the event, if any.
(8) 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.
(9) A traffic control plan for vehicles entering and leaving the site for the proposed
event.
(10) 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.
(11) A description of emergency access and facilities related to the event.
(12) Provisions to dispose of any garbage, trash, rubbish or other refuse.
(13) Location and description of any additional lighting to be utilized in conjunction
with the event.
(14) Location of sanitary facilities on site.
A description of any signage to be displayed adjacent to a Town, County or State road,
including size, location and dates of display.
The 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 subiect ofthe 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, upon
request by an Applicant, may waive in whole or in part any of the foregoing application
requirements upon a finding that said requirements are not necessary for proper
consideration of a permit application in accordance with the standards set forth in Section
205-5(E)(1)-(15) or for the protection of health, safety and welfare. The Chairperson's
determination of any waiver request shall be in writing to the Applicant and shall specify
the reason for the grant or denial. Ifa waiver is granted, the Chairperson may attach
appropriate conditions to protect the public interest.
§205-5. Application review procedure and standards.
Southold Town Meeting Agenda - June 18, 2013
Page 28
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 may 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 §205-5(E) 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, Assessors 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 within 30 days of receipt of the complete application.
In determining whether to grant a special event permit, the Chairperson of the Zoning
Board of Appeals shall consider the following:
(i)
(2)
(3)
(4)
The size and capacity of the site to accommodate the proposed event.
The Facilities available.
The availability of highway and other means of transportation to and from the
site.
Impact of the event on the safe and orderly movement of traffic within and
contiguous to the event.
(5) Need for the Town to police such event, and whether the number of police
officers assigned to properly police such event will prevent the Town from
providing adequate police protection to the remainder of the Town.
(6) 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.
(7) Impact of the event on the movement of fire-fighting equipment or ambulance
service to the Town or to areas contiguous to the event.
(8) Impacts on adjacent property owners and the surrounding neighborhood.
(9) Whether the owner, applicant or event sponsor has violated a previously issued
special event permit.
(10) 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.
(11) Verification that the grant of the permit will not violate any existing covenants or
easements on the property.
Southold Town Meeting Agenda - June 18, 2013
Page 29
(12) Whether a permit has been granted for a prior event that was the same or
substantially similar in size and scope to the event applied for and/or resulted in
the impacts defined in subparagraphs (4), (5), (6),(7) and (8) above.
(13) Whether the frequency of prior or proposed special events on the site constitutes a
change or intensification of the permitted use of the property necessitating a use
variance or further site plan review.
(14) If an applicant is requesting a special event permit that was held the previous
,/ear, the verification must be submitted from those charities listed on the previous
(15)
application.
An,/other matters that relate to the health, safet,/and welfare of the general
public.
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 highwa,/costs
associated with the event. After the event, the deposit will be used to cover such costs
and an,/monies remaining will be returned to the applicant.
A special event permit is not transferrable and shall expire at the close of the event(s) for
which it is issued.
The special event permit issued hereunder shall be displa,/ed on the premises during the
special event and shall be available for inspection b,/a police officer or other
enforcement officer of the Town upon request.
Applications for tent permits required for an,/event must be submitted directl,/to the
Building Department.
205-6. Appeal from denial of a special event permit.
An applicant who is denied a permit b,/the Chairperson of the Zoning Board of Appeals ma,/
appl,/to the Town Board for reconsideration of the application b,/filing an appeal with the Town
Clerk within 10 da,/s of the date of the denial. A complete cop,/of the application submitted to
the Office of the Zoning Board of Appeals shall accompan,/the request for reconsideration. The
Town Board ma,/, following a public hearing, affirm or reverse the determination of the
Chairperson subiect to an,/conditions deemed appropriate under the circumstances.
ARTICLE III
SPECIAL EVENTS REQUIRING TOWN BOARD APPROVAL
205-7. Events held on Town lands or events exceedin~ 1,000 attendees.
An,/event held on propert,/owned, leased or controlled b,/the Town or an,/event where
the expected attendance exceeds 1,000 people shall be subiect to approval b,/ resolution
ofa maiorit,/of the Town Board following the submission of an application to the Town
Southold Town Meeting Agenda - June 18, 2013
Page 30
Clerk sixty (60) days prior to the proposed event. In reviewing applications for such
events, the Town Board may consider the following additional criteria in addition to the
criteria set forth in Section 205-5(E) above:
(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, roads 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.
(6) 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.
(7) If two or more events with an expected attendance of more than 1,000 people are
scheduled for the same date and are within a half mile radius of each other, the
Town Board will determine if there are adequate resources for the events. If there
are not sufficient resources to ensure public health and safety, the Town Board
shall deny one or more permits if the impacts of the events cannot be mitigated.
When deciding which event to deny, the Town Board shall consider the
following:
(i) Whether the event is recurring.
(ii) Whether the site has been subject 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
(v)
Whether the event will yield a donation to one or more local charities.
For any special event that is to be held on land owned, leased or controlled by the Town
of Southold the application shall include the following:
(1)
A completed Special Event Application Form which contains the following
information:
(i) Name, mailing address, e-mail 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.
(ii) The proposed event location and type of event.
(iii) Proposed dates and hours of the special event, including set-up and
shutdown times.
(iv) Expected maximum number of persons intended to use the property at one
time and collectively, including organizers, employees, vendors,
exhibitors and spectators/participants.
Southold Town Meeting Agenda - June 18, 2013
Page 31
(2)
(3)
(4)
(5)
(6)
(v) If there are any special requirements needed for the event including, but
not limited to, police presence or road closures.
Application fee in the sum of $250 for events where the expected attendance does
not exceed 1,000 attendees.
A certificate of insurance not less than $2,000,000 naming the Town of Southold
as an additional insured.
A minimum clean up deposit of $250.
Where the Town determines that there is no specific Town benefit from the event
or that the event is conducted for profit, an additional 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, highway and clean up 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.
Any additional information required by the Town Clerk.
For any special event where the expected attendance exceeds 1,000 attendees, the
application shall include all information required under §205-4 (A), (C), (D) and (E), as
well as the following:
(1) An application fee of $350.00.
(2) A certificate of insurance not less than $2,000,000 naming the Town of Southold as
an additional insured.
(3) The Town Board may require the applicant to send and provide certification that
written notice was sent to every property owner abutting or adjacent 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.
D. Notwithstanding the foregoing, the Town Board, upon request by an Applicant, may
waive in whole or in part any of the foregoing application requirements upon a finding
that said requirements are not necessary for proper consideration ora permit application
or for the protection of health, safety and welfare. The Town Board resolution shall
specify the reason for the ~rant or denial. Ifa waiver is granted, the Town Board may
attach appropriate conditions to protect the public interests.
ARTICLE IV
ENFORCEMENT
§205-8. 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
Southold Town Meeting Agenda - June 18, 2013
Page 32
Town ma,/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.
§205-9. Penalties for offenses.
It shall be unlawful for any owner, occupant or their agents or any other person to fail 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
or the Southold Police Department, or to conduct any 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 any of the provisions of this Chapter or failure to comply with a
written notice, directive or order of any 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 any other person who commits, takes part or assists in
the commission of any such offense or who shall fail to comply with a written order of
the Director of Code Enforcement, Zoning Inspector or the Southold Police Department
shall be subiect to the following:
(1) Failure to obtain a permit. Any 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 $1,500.00.
(2) Failure to comply with the terms of a permit. Any person failing to comply 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 of ~205-9(B)(1) or (2), violators shall be guilty of a
misdemeanor punishable by a fine of not less than $500.00 nor more than
$5,000.00.
No new special event permits will be issued to any property owner, occupant or their
agent if they are a named defendant in an outstanding or unresolved violation of this
Chapter.
The Town may also maintain an action or proceeding in a Court of competent iurisdiction
to compel compliance with or to restrain by iniunction the violation of this Chapter.
II. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
Southold Town Meeting Agenda - June 18, 2013
Page 33
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.
III. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
by law.
Vote Record Resolution RES 2013 489
[] Adopted
[] Adopted as Amended Yes/Aye No/Nay Abstain Absent
[] Defeated James Dinizio Jr [] [] [] []
[] Tabled
William Ruland [] [] [] []
[] Withch-awn
[] Supe~wisor's Appt Jill Doherty [] [] [] []
[] Tax Receiver's Appt Ct~'istopher Talbot [] [] [] []
[] Rescinded
Louisa P. Evans [] [] [] []
[] Town Clerk's Appt
[] Supt Hg~vys Appt Scott Russell [] [] [] []
[] No Action
2013-490
CATEGORY:
DEPARTMENT:
Legislation
Town Attorney
LL/Amends to Chapter 205 Special Events to SCPC & PB
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs the Town Clerk to transmit the proposed Local Law entitled "A Local Law in
relation to Amendments to Chapter 205~ Public Entertainment and Special Events" to the
Southold Town Plannin~ Board and the Suffolk County Department of Plannin~ for their
recommendations and reports.
Vote Record Resolution RES 2013 490
[] Adopted
[] Adopted as Amended Yes/Aye No/Nay Abstain Absent
[] Defeated James Dinizio Jr [] [] [] []
[] Tabled
William Ruland [] [] [] []
[] Withch-awn
[] Supe~wisor's Appt Jill Doherty [] [] [] []
[] Tax Receiver's Appt Ct~'istopher Talbot [] [] [] []
[] Rescinded
Louisa P. Evans [] [] [] []
[] Town Clerk's Appt
[] Supt Hg~vys Appt Scott Russell [] [] [] []
[] No Action
Southold Town Meeting Agenda - June 18, 2013
Page 34
2013-491
CATEGORY:
DEPARTMENT:
Local Law Public Hearing
Town Attorney
7/30/13 @ 7:32 PM LL/Dogs on Beaches
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk
County, New York, onthe 18th day of June, 2013, a Local Law entitled "A Local Law in
relation to Amendments to Chapter 83, Animals, and Chapter 193, Parks and Recreation
Areas, in connection with Control of Do~s or Domestic Animals throughout the Town"
now, therefore, be it
RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the
aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 30th
day of Jnly, 2013, at 7:32 p.m. at which time all interested persons will be given an opportunity
to be heard.
The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 83,
Animals, and Chapter 193, Parks and Recreation Areas, in connection with Control of
Do~s or Domestic Animals throughout the Town" reads as follows:
LOCAL LAW NO. 2013
A Local Law entitled, "A Local Law in relation to Amendments to Chapter 83, Animals, and
Chapter 193, Parks and Recreation Areas, in connection with Control of Do~s or Domestic
Animals throughout the Town".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose.
The purpose of these Amendments is to protect the health, safety and wellbeing of Town
residents and guests using Tcwn recreational areas by enacting regulations pertaining to
control of dogs and other domestic animals throughout the Town and on Town-owned
recreational areas, beaches, children's play areas, picnic areas, athletic fields and trails.
II. Chapter 83 of the Code of the Town of Southold is hereby amended as follows:
§83-6. Prohibited activities.
It shall be unlawful for any person owning, harboring, in possession of or in control of
any dog(s) or domestic animal(s) in the Town of Southold to permit or allow such dogLs)
or domestic animal(s) to mn at large:
Southold Town Meeting Agenda - June 18, 2013
Page 35
Run at !argo c!scv:hcrc Other than upon the premises of the owner or custodian
,~ ...... · ....,~1 ~c ~,.~ -~s, or an!c:: it ~c upon the premises of
another person with the ~owledge and consent of such person.,u~, ,k~**~ ..........w, wo~
B. Other than upon recreational areas subiect to the provisions of § 193-3.1.
Engage in habitual howling or barking or conduct itself in such a manner as to
habitually annoy any person other than the owner or person harboring such dog.
Cause damage or destruction to property other than the property of the owner or
person harboring such dog.
Chase or otherwise harass any person in such manner as reasonably to cause
intimidation or to put such person in reasonable apprehension of bodily harm or
injury.
III. Chapter 193 of the Code of the Town of Southold is hereby amended as follows:
§193-3.1. Regulations concernin~ do~s or domestic animals.
Dog(s) or other domestic animal(s) are permitted on the following Town-owned
recreation areas and subiect to the following conditions:
Parks, picnic areas, children's play areas, trails and/or athletic fields, if the
dog or domestic animal is restrained on a leash not more than four feet in
length at all times.
Beaches, if the dog or domestic animal is restrained on a leash from May 1
through October 1 between the hours of 9:00 a.m. and 6:00 p.m.
3. Town designated dog runs with no leash required.
Dog(s) or other domestic animal(s) are not permitted on the following Town-
owned recreation areas:
Parks, picnic areas, children's play areas and/or athletic fields and trails
that are posted with signage indicating "Dog(s) or Domestic Animal(s)
Prohibited";
Designated bathing beaches during such times that a lifeguard is on duty.
Designated bathing beaches include Goose Creek Beach, Kenny's Beach,
Norman E. Klipp Marine Park Beach, McCabe's Beach, New Suffolk
Southold Town Meeting Agenda - June 18, 2013
Page 36
Beach, Southold Town Beach and any other bathing beach designated by
the Town Board in a duly adopted resolution;
Land that is within 50 feet of any recreation area that is posted for
protection of piping plovers and other endangered species.
Unless otherwise stated herein, where dog(s) or domestic animal(s) are permitted
on Town-owned recreation areas, the dog(s) or domestic animal(s) shall be under
immediate supervision and control of the owner or custodian with the ability to
immediately leash the dog(s) or domestic animal(s).
The leashing requirements of this Section shall not apply to a dog or dogs hunting
in the company of a hunter or hunters on recreational areas where hunting is
permissible or to bonafide service dogs.
E. All dogs permitted on Town-owned recreation areas shall have a collar that
adequately displays a valid dog license.
All dog(s) or domestic animal(s) waste shall be removed in accordance with §83-
18(B).
§193-9. Behavior and conduct.
No person shall:
Be present in any recreational area while under the influence of intoxicating
liquor.
G.B
Build or attempt to build a fire except in such areas and under such regulations as
may be designated by the Superintendent.
Fail to produce and exhibit any permit from the Superintendent which he claims
to have upon request of any authorized person who shall desire to inspect the
same for the purpose of enforcing compliance with any law or rule.
Disturb or interfere unreasonably with any person or party occupying any area or
participating in an activity under the authority of a permit.
t~.E Erect any structure, stand or platform or hold any meetings, perform any
ceremony, make a speech or address, exhibit any performance or form any parade
Southold Town Meeting Agenda - June 18, 2013
Page 37
or procession in any recreational area without first obtaining authorization.
IV. 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.
V. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
by law.
Vote Record Resolution RES 2013 491
[] Adopted
[] Adopted as Amended Yes/Aye No/Nay Abstain Absent
[] Defeated James Dinizio Jr [] [] [] []
[] Tabled
[] [] []
[] Withch-awn William Ruland []
[] Supe~wisor's Appt Jill Doherty [] [] [] []
[] Tax Receiver's Appt Ct~'istopher Talbot [] [] [] []
[] Rescinded
Louisa P. Evans [] [] [] []
[] Town Clerk's Appt
[] Supt Hg~vys Appt Scott Russell [] [] [] []
[] No Action
2013-492
CATEGORY:
DEPARTMENT:
Legislation
Town Clerk
LL/Amends. to Chapter 193/Dogs on Beaches to SCPC & PB
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the
Town Clerk to transmit the proposed Local Law entitled "A Local Law in relation to
Amendments to Chapter 193~ Parks and Recreation Areas~ in connection with Do~s or
Domestic Animals on Town Recreational Areas" to the Southold Town Plannin~ Board
and the Suffolk County Department of Plannin~ for their recommendations and reports.
Vote Record Resolution RES 2013 492
[] Adopted Yes/Aye No/Nay Abstain Absent
[] Adopted as Amended --
[] Defeated James Dinizio Jr [] [] [] []
[] Tabled William Ruland [] [] [] []
[] Withch-awn
Jill Doherty [] [] [] []
[] Supe~wisor's Appt
[] [] []
[] Tax Receiver's Appt Ctn'istopher Talbot []
Southold Town Meeting Agenda - June 18, 2013
Page 38
[] Rescinded Louisa P. Evans [] [] [] []
[] Town Clerk's Appt --
Scott Russell [] [] [] []
[] Supt Hgwys Appt --
[] No Action
2013-493
CATEGORY:
DEPARTMENT:
Contracts, Lease & Agreements
Town Attorney
Authorizes and Directs Supervisor Scott A. Russell to Execute a Consulting Services Agreement Between
the Town of Southold and Bright Power, Inc., in Connection with &e Installation ora Solar Photovoltaic
(PI/') System at &e Town's Landfill and Collection Center
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute a Consultin~ Services A~reement between the Town
of Southold and Bright Power~ Inc., in connection with the installation of a Solar Photovoltaic
(PV) System at the Town's Landfill and Collection Center, subject to the approval of the Town
Attorney.
Vote Record Resolution RES 2013 493
[] Adopted
[] Adopted as Amended Yes/Aye No/Nay Abstain Absent
[] Defeated James Dinizio Jr [] [] [] []
[] Tabled
[] [] []
[] WithO'awn William Ruland []
[] Supe~wisor's Appt Jill Doherty [] [] [] []
[] Tax Receiver's Appt CN'istopher Talbot [] [] [] []
[] Rescinded
Louisa P. Evans [] [] [] []
[] Town Clerk's Appt
[] Supt Hg~vys Appt Scott Russell [] [] [] []
[] No Action
2013-494
CATEGORY: Employment - Town
DEPARTMENT: Accounting
Hire Seasonal Summer Staff-Recreation Department
RESOLVED that the Town Board of the Town of Southold hereby appoints the following
2013 seasonal summer staff'for the period June 22 - September 2 as follows:
RECREATION SPECIALISTS (WATER SAFETY INSTRUCTORS)
Southold Town Meeting Agenda - June 18, 2013
Page 39
1. Catherine Romano (lst year) ................................... $16.57
Vote Record Resolution RES 2013 494
[] Adopted
[] Adopted as Amended Yes/Aye No/Nay Abstain Absent
[] Defeated James Dinizio Jr [] [] [] []
[] Tabled
William Ruland [] [] [] []
[] Withch-awn
[] Supe~wisor's Appt Jill Doherty [] [] [] []
[] Tax Receiver's Appt
Ct~'istopher Talbot [] [] [] []
[] Rescinded
Louisa P. Evans [] [] [] []
[] Town Clerk's Appt
[] Supt Hg~vys Appt Scott Russell [] [] [] []
[] No Action
VI. PUBLIC HEARINGS
TO BE WITHDRAWN TO BE WITHDRAWN
History:
05/07/13 Town Board ADJOURNED Next: 06/18/13
1. Set Public Hearing for May 7, 2013 at 7:32 PM for a Local Law in Relation to the Marine
(TT) District and Plum Island Zoning
This meeting was adjoumed at 9:17 PM until June 18, 2013. Written comments accepted until
June 14, 2013.
TO BE WITHDRAWN