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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