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HomeMy WebLinkAboutAG-07/16/2013 ELIZABETH A. NEVILLE gUfFQ(,y- Town Hall, 53095 Main Road TOWN CLERK ~oo~o ~o~y PO Box 1179 y ? Southold, NY 11971 REGISTRAR OF VITAL STATISTICS o ~ g Fax (631) 765-6145 MARRIAGE OFFICER ~~/O~ .Iad' Telephone: (631) 765 - 1800 RECORDS MANAGEMENT OFFICER # www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER FINAL AGENDA SOUTHOLD TOWN BOARD July 16, 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.southoldtownny.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 July 16, 2013 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Fresent ' Absent ' Late ' Arrived Councilman James Dinizio Jr ? ? ? Councilman William P. Ruland ? ? ? Councilwoman Jill Doherty ? ? ? Southold Town Meeting Agenda -July 16, 2013 Page 2 Councilman Christopher Talbot ? ? ? ...Justice Louisa P. Evans ? ? ? ...Supervisor Scott A. Russell _ ? ? ? I. REPORTS 1. Justice Rudolph H. Bruer June 2013 2. Justice Louisa P. Evans June 2013 3. Justice William H. Price Jr. June 2013 4. Planning Board June 2013 5. Board of Trustees June 2013 6. Program for the Disabled June 2013 7. Special Projects Coordinator June 2013 8. Town Clerk May and June 2013 9. Fishers Island Sewer District Quarterly Status Report, April-June 2013 by Michael Collins 10. Employee Health Care Plan -Island Group June 2013 11. Solid Waste Disposal District April, May and June 2013 IL PUBLIC NOTICES III. COMMUNICATIONS IV. DISCUSSION 1. 9:00 Am -Heather Lanza, Aly Sabatino, Melissa Spiro Southold Town Meeting Agenda -July 16, 2013 Page 3 Marratooka Open Development Area (ODA) Applications 2. 1St Time Homebuyer CPF Exemption and Request from Habitat for Humanity Regarding Greenway East, Orient Site 3. 9:30 Am Laserfiche Rio Software Upgrade Presentation 4. LL/Amendments to Chapter 205 Special Events (PH this pm) 5. LL/Amendments to 280-13 Use Regulations for Wineries (refer to Code Committee) 6. EXECUTIVE SESSION -Labor Matters Involving Employment of Particular Person(s) 7. Request from Karen Speyer to Waive Parking Requirements in New Suffolk 8. Vacancy on Agricultural Advisory Committee MINUTES APPROVAL RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, March 26, 2013 RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, Apri109, 2013 RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, Apri123, 2013 RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, May 07, 2013 V. RESOLUTIONS 2013-529 CATEGORY.• Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated Jul 16 2013. ? Y©te Record '.Resolution I2ES 2613 524 ? Adopted ? Adopted as Amended ~ Yes/Aye No/Nay Abstain Absent Southold Town Meeting Agenda -July 16, 2013 Page 4 ? Defeated James Dinizio Jr ' ' ? ' ? ? ' ? ? Tabled William P. Ruland ? ? ? ? ? Withdrawn ? Supervisor's Appt Jill Doherty ~ ? ? ? ? ? Tax Receiver's Appt Christopher Talbot ~ ? ? ? ? ? Rescinded Louisa P. Evans ? ? ? ? ? Town Clerk's Appt ? Supt Hgwys Appt Scott A. Russell ? ? ? i ? ? No Action 2013-530 CATEGORY.• Set Meeting DEPARTMENT: Town Clerk Set Next Regular Meeting RESOLVED that the neat Regular Town Board Meeting of the Southold Town Board be held, Tuesday, July 30, 2013 at the Southold Town Hall, Southold, New York at 7:30 P.M.. ? Vtite Record Resolnftan R%S 2013-530 ? Adopted ? Adopted as Amended Yes/Aye No/Nay Abstain i Absent I ? Defeated James Dinizio Jr ' ? ' ? ? ? ? Tabled ? Withdrawn William P. Ruland ? ? ? ? ? Supervisor's Appt Jill Doherty ~ ? ? ? ? ? Tax Receiver's Appt Christopher Talbot ' ? ' ? ? ' ? ? Rescinded ? Town Clerk's Appt Louisa P. Evans ? ? ? ? ? Supt Hgwys Appt Scott A. Russell ' ? ' ? ? i ? ? No Action 2013-531 CATEGORY.• Close/Use Town Roads DEPARTMENT: Town Clerk Southold Athletic Assoc. SKNovember2, 2013 Financial Impact: Police Department Cost for Event = $224.81 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Southold School District to use certain roads for a SK race in Southold, New York on Southold Town Meeting Agenda -July 16, 2013 Page 5 November 2, 2013 beginning at 8:30 AM, route for the 5K: beginning at the Elementary School parking lot onto Oaklawn Avenue to Route 25, east to Youngs Avenue, to Calves Neck Road, to Harper Road, Hill Road, Wells Road, back to Oaklawn Avenue, to Pine Neck Road to Main Bayview Road to Main Road, Jockey Creek Drive back onto the Southold School property, provided applicant meets all of the requirements as listed in the Town Policy on Special Events and Use of Recreation Areas and Town Roads. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. ? Vote Record Resolndon RES 2013 531 ? Adopted ? Adopted as Amended Yes/Aye No/Nay Abstain Absent ? Defeated James Dinizio Jr ? ? ? ? ? Tabled ? Withdrawn William P. Ruland ' ? ' ? ? ? ? Supervisor's Appt JiIIDoherty ~ ? ? ? ? ? Tax Receiver's Appt Christopher Talbot ~ ? ? ? ? ? Rescinded ? Town Clerk's Appt Louisa P. Evans ? ? ? ? ? Supt Hgwys Appt Scott A. Russell ? ? ? i ? ? No Action 2013-532 CATEGORY.• Public Service DEPARTMENT: Town Clerk Appoint Scott A. Russell as a TemporaryMarriage Officer RESOLVED the Town Board of the Town of Southold hereby appoints Scott A. Russell as a Temporary Marriage Officer for the Town of Southold, on Monday, September 9, 2013 only, to serve at no compensation. ? Vtite Record Resolufian R&S 2013 532 'J. ? Adopted ? Adopted as Amended Yes/Aye No/Nay Abstain i Absent ? Defeated James Dinizio Jr ' ? ' ? ? ? ? Tabled ? Withdrawn William P. Ruland ' ? ' ? ? ? ? Supervisor's Appt Jill Doherty ~ ? ? ? ? ? Tax Receiver's Appt Christopher Talbot ' ? ' ? ? ? ? Rescinded ? Town Clerk's Appt Louisa P. Evans ? ? ? ? ? Supt Hgwys Appt Scott A. Russell..... ~ ? ? ? ? ? No Action ~ Southold Town Meeting Agenda -July 16, 2013 Page 6 2013-533 CATEGORY.• Employment -Town DEPARTMENT: Accounting Terminate Employment-ErnestAlbee RESOLVED that the Town Board of the Town of Southold hereby terminates the employment of Ernest Albee from the position of Seasonal Beach Manager for the Recreation Department effective June 30, 2013. ?Ydte Recncd '.ResalufionRF:C 2013533 ? Adopted ? Adopted as Amended Yes/Aye No/Nay Abstain Absent ? Defeated James Dinizio Jr ~ ? ? ? ? ? Tabled - ? Withdrawn William P. Ruland ? ' ? ? ? ? Supervisor's Appt Jill Doherty ' ? ' ? ? ? ? Tax Receiver's Appt Christopher Talbot ~ ? ? ? ? ? Rescinded ? Town Clerk's Appt Louisa P. Evans ' ? ' ? ? ? ? Supt Hgwys Appt Scott A. Russell ' ? ' ? ? ? ? No Action 2013-534 CATEGORY.• Close/Use Town Roads DEPARTMENT: Town Clerk Cutchogue Fire Department's Sleigh SK on December I5, 2013 Financial Impact: Police Department cost = $325.72 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Cutchogue Fire Department to use the following route: New Suffolk Road, Grathwohl Road, Fanning Road, 5~' Street, King Street, 4~' Street, and Orchard Street for its Annual Sleigh 5K in Cutchogue, on December 15, 2013 beginning at 9:30 AM, provided: 1. They file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured; a $500.00 deposit for clean-up (deposit to be returned after event upon recommendation of Chief Flatlet', Southold Town Police Department); 2. Make every effort to control noise; 3. Complt' with Chapter 205 of the Southold Town Code to notify neighbors in advance of event; 4. Coordinate traffic control upon notification of the adoption of this resolution with Southold Town Meeting Agenda -July 16, 2013 Page 7 Captain Kruszeski 5. No permanent markings be placed on town, county or state roads or property for the event; 6. Any road markings or signs for the event be removed within twenty-four (24) hours of the completion of the event. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. Standard fees for this event have been waived. ? Vote Record Resolndon RES 2013 539 ? Adopted ? Adopted as Amended Yes/Aye No/Nay Abstain Absent ? Defeated James Dinizio Jr ? ? ? ? ? Tabled ? Withdrawn William P. Ruland ' ? ' ? ? ? ? Supervisor's Appt JiIIDoherty ~ ? ? ? ? ? Tax Receiver's Appt Christopher Talbot ~ ? ? ? ? ? Rescinded ? Town Clerk's Appt Louisa P. Evans ? ? ? ? ? Supt Hgwys Appt Scott A. Russell ? ? ? i ? ? No Action 2013-535 CATEGORY.• Close/Use Town Roads DEPARTMENT: Town Clerk Waive Parking Reg for Southold Yacht Club RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Southold Yacht Club to park overflow vehicles in the town?s parking lot at Goose Creek Beach, on July 18, July 19, and August 3, 2013 (with r/d 7/22-23, 8/4/13 provided the applicant meets all of the requirements as listed in the Town Policy on Special Events and Use of Recreation Areas and Town Roads. Failure to comply with policy procedures will result in forfeiture of clean up deposit. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. Vnte Recnm ResNnfion Rzs 2013 s3s ? Adopted.... Yes/Aye No/Nay Abstain Absent ~I ? Adopted as Amended ? Defeated James Dinizio Jr ? ? ? ? ? Tabled William P. Ruland ' ? ' ? ? ? ? Withdrawn Jill Doherty ? ? ? ? ? Supervisor's Appt ? Tax Receiver's Appt Christopher Talbot j ? ' ? ? ? ? Rescinded Louisa P. Evans ~ ? ? ? ? ? Town Clerk's Appt Scott A. Russell ~ ? ? ? ? ? Supt Hgwys Appt ? No Action Southold Town Meeting Agenda -July 16, 2013 Page 8 2013-536 CATEGORY.• Close/Use Town Roads DEPARTMENT: Town Clerk Cutchogue Arts & Crafts Show Financial Impact: CostAnalysis $181.06 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Old Town Arts & Crafts Guild to hold its annual Arts & Crafts Show on the Village Green in Cutchogue on August 3, 2013 from 8:00 AM to 4:00 PM provided applicant meets all of the requirements as listed in the Town Policy on Special Events and Use of Recreation Areas and Town Roads. Failure to comply with policy procedures will result in forfeiture of clean up deposit. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. ? Vote Record Resolndon RES 2013 536 ? Adopted ? Adopted as Amended Yes/Aye No/Nay Abstain Absent ? Defeated James Dinizio Jr ~ ? ? ? ? ? Tabled ? Withdrawn William P. Ruland ' ? ' ? ? ' ? ? Supervisor's Appt Jill Doherty ? ' ? ? ' ? ? Tax Receiver's Appt Christopher Talbot ~ ? ? ? ? ? Rescinded ? Town Clerk's Appt Louisa P. Evans ? ? ? ? ? Supt Hgwys Appt Scott A. Russell ' ? ' ? ? ? ? No Action 2013-537 CATEGORY.• Authorize Payment DEPARTMENT: Planning Board Refund Resolved, that unused consulting fees paid to the Town in connection with the wireless consulting review of New Cingular/AT&T at Our Lady of Grace Church, Fishers Island, SCTM#1000-9-7-11.1, totaling $4,500.00, be refunded to the applicants agent, Re, Nielsen, Huber & Coughlin, LLC. Southold Town Meeting Agenda -July 16, 2013 Page 9 ?Fote Record '.Resoluflon RE52013-537 ? Adopted ? Adopted as Amended ' Yes/Aye ' No/Nay Abstain I Absent ? Defeated James Dinizio Jr ' ? ' ? ? ' ? ? Tabled ? Withdrawn William P. Ruland ' ? ' ? ? ? ? Supervisor's Appt Jill Doherty ~ ? ? ? ? ? Tax Receiver's Appt Christopher Talbot ~ ? ? ? ? ? Rescinded ? Town Clerk's Appt Louisa P. Evans ' ? ' ? ? ? ? Supt Hgwys Appt Scott A. Russell ? ' ? ? i ? ? No Action 2013-538 CATEGORY.• Refund DEPARTMENT: Town Clerk Refund Disposal Sticker RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund to Joan Fleck, in the amount of $15.00 as she purchased a dump sticker twice for the same car. ? Ytite Recncd Resalufion RCS 2013538 ? Adopted ? Adopted as Amended Yes/Aye No/Nay Abstain Absent ? Defeated James Dinizio Jr ' ? ' ? ? ' ? ? Tabled - ? Withdrawn William P. Ruland ' ? ' ? ? ? ? Supervisor's Appt Jill Doherty ~ ? ? ? ? ? Tax Receiver's Appt Christopher Talbot ~ ? ? ? ? ? Rescinded ? Town Clerk's Appt Louisa P. Evans ' ? ' ? ? ? ? Supt Hgwys Appt Scott A. Russell ' ? ' ? ? i ? ? No Action 2013-539 CATEGORY.• Refund DEPARTMENT: Town Clerk Refund Beach Sticker RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund to Linda Southold Town Meeting Agenda -July 16, 2013 Page 10 Lynch, in the amount of $40.00 as she purchased a lease beach sticker that she doesn't need. ?Fote Record '.Resolution RE52013-539 ? Adopted ? Adopted as Amended ' Yes/Aye ' No/Nay Abstain I Absent ? Defeated James Dinizio Jr ' ? ' ? ? ' ? ? Tabled ? Withdrawn William P. Ruland ' ? ' ? ? ? ? Supervisor's Appt Jill Doherty ~ ? ? ? ? ? Tax Receiver's Appt Christopher Talbot ' ? ' ? ? ? ? Rescinded ? Town Clerk's Appt Louisa P. Evans ' ? ' ? ? ? ? Supt Hgwys Appt Scott A. Russell ? ' ? ? i ? ? No Action 2013-540 CATEGORY.• Public Service DEPARTMENT: Town Clerk Waive Zoning Board Fees RESOLVED that the Town Board of the Town of Southold hereby waives the $1,000.00 variance filing fee to the Zoning Board of Appeals for William H. Lieblein for repairs to a walkway and landing at Heron Suites as damage is determined to be related to Superstorm Sandy. ? Vate Record Resolution RE$ 2013 54Q ? Adopted ? Adopted as Amended ' Yes/Aye ' No/Nay Abstain i Absent ? Defeated James Dinizio Jr ~ ? ? ? ? ? Tabled ? Withdrawn William P. Ruland ' ? ' ? ? ? ? Supervisor's Appt JiIIDoherty ~ ? ? ? ? ? Tax Receiver's Appt Christopher Talbot ' ? ' ? ? ? ? Rescinded ? Town Clerk's Appt Louisa P. Evans ' ? ' ? ? ? ? Supt Hgwys Appt Scott A. Russell ~ ? ? ? ? ? No Action 2013-541 CATEGORY.• Bid Acceptance DEPARTMENT: Town Clerk Southold Town Meeting Agenda -July 16, 2013 Page 11 Accept Bid Item #5 Road Treatment RESOLVED that the Town Board of the Town of Southold hereby accepts the following bids for Item #5, Type 6 Asphalt Road Treatment: Price per Awarded to: Ton Southold Town Virgin 100-250 92.00 Corazzini Asphalt 250-500 93.00 Coarzzini Asphalt 500-1000 88.00 Rosemar Asphalt 1000+ 87.00 Corazzini Asphalt Southold Town RAP 100-250 81.00 Corazzini Asphalt 250-500 77.00 Corazzini Asphalt 500-1000 75.85 Corazzini Asphalt 1000+ 73.85 Corazzini Asphalt Fishers Island RAP 100-250 350.00 Corazzini Asphalt 250-500 300.00 Corazzini Asphalt 500-1000 250.00 Corazzini Asphalt 1000+ 250.00 Corazzini Asphalt ? Vote Record Resolution RES 2013 541 ? Adopted ? Adopted as Amended Yes/Aye No/Nay Abstain Absent ? Defeated James Dinizio Jr ? ? ? ? ? Tabled ? Withdrawn William P. Ruland ' ? ? ? ' ? ? Supervisor's Appt Jill Doherty ? ? ? ' ? ? Tax Receiver's Appt Christopher Talbot ? ? ? ? ? Rescinded ? Town Clerk's Appt Louisa P. Evans ? ? ? ' ? ? Supt Hgwys Appt Scott A. Russell ? ? ? ? ? No Action 2013-542 CATEGORY.• Bid Acceptance Southold Town Meeting Agenda -July 16, 2013 Page 12 DEPARTMENT: Town Clerk Accept Bid Item #8 Road Treatment RESOLVED that the Town Board of the Town of Southold hereby accepts the following bids for Item #8, Type 6 Asphalt, to be picked up by the Town: Virgin Asphalt $82.00 per ton East Island Asphalt w/RAP $71.00 per ton Corazzini Asphalt Vute Record .Resolution RES 2013 5A2 ? Adopted ? Adopted as Amended Yes/Aye No/Nay Abstain Absent ? Defeated James Dinizio Jr ? ' ? ? ' ? ? Tabled ? Withdrawn William P. Ruland ' ? ' ? ? ' ? ? Supervisor's Appt JiIIDoherty ~ ? ? ? ? ? Tax Receiver's Appt Christopher Talbot ~ ? ? ? ? ? Rescinded ? Town Clerk's Appt Louisa P. Evans ' ? ' ? ? ? ? Supt Hgwys Appt Scott A. Russell ? ' ? ? i ? ? No Action 2013-543 CATEGORY.• Budget Modification DEPARTMENT: Solid Waste Management District SWMD Budget Modification for Grinder Repair Financial Impact: As authorized by TB Res. # 2013-516, and as per maximum estimate by CBI, final costs expected to be under this amount. Expect to replenish MSGV Removal line using surplus funds in final quarter of fiscal year. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2013 Solid Waste Management District budget as follows: From• SR 8160.4.400.805 (MSW Removal) $ 54,894 $ 54,894 To: SR 8160.4.400.665 (Repairs CBI Grinder) $ 45,610 SR 8160.4.600.500 (Freight) $ 9,284 Southold Town Meeting Agenda -July 16, 2013 Page 13 $ 54,894 Vute Record .Resolution RES 2013 543 ? Adopted ? Adopted as Amended Yes/Aye No/Nay Abstain Absent ? Defeated James Dinizio Jr ~ ? ? ? ? ? Tabled ? Withdrawn William P. Ruland ' ? ' ? ? ? ? Supervisor's Appt Jill Doherty ? ' ? ? ' ? ? Tax Receiver's Appt Christopher Talbot ~ ? ? ? ? ? Rescinded ? Town Clerk's Appt Louisa P. Evans ? ? ? ? ? Supt Hgwys Appt Scott A. Russell ' ? ' ? ? ? ? No Action 2013-544 CATEGORY.• Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to the Mattituck Presbyterian Church to Hold Its Annual Summer Fair and Close Old Sound Avenue, in Front of the Church, from 8: 00 Am to 2:00 Pm on Saturday, August 10, 2013 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Mattituck Presbyterian Church to hold its Annual Summer Fair and close Old Sound Avenue, in front of the church and supply traffic control, from 8:00 am to 2:00 pm on Saturday, August 10' 2013 ,provided they comply with all of the restrictions in the Town's Events Policy. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. All fees associated with this event have been waived. ?Fote Record '.Resolution RE52013-544 ? Adopted ? Adopted as Amended Yes/Aye No/Nay Abstain Absent ? Defeated James Dinizio Jr ? ' ? ? ' ? ? Tabled ? Withdrawn William P. Ruland ' ? ' ? ? ' ? ? Supervisor's Appt Jill Doherty ~ ? ? ? ? ? Tax Receiver's Appt Christopher Talbot ~ ? ? ? ? ? Rescinded ? Town Clerk's Appt Louisa P. Evans ' ? ' ? ? ? ? Supt Hgwys Appt Scott A. Russell ? ' ? ? i ? ? No Action Southold Town Meeting Agenda -July 16, 2013 Page 14 2013-545 CATEGORY.• Public Service DEPARTMENT: Town Attorney Property Cleanup Costs - 1485 Willow Dr., E. Marion RESOLVED that the Town Board of the Town of Southold, pursuant to Section 100-4(A) of the Southold Town Code, hereby directs that the costs and expenses incurred by the Department of Public Works and the Solid Waste Management District in effectuating the cleanup of the property located at 1485 Willow Drive, East Marion, in the amount of $227.47 shall be levied against the real property of Kathleen Papamichael, SCTM #1000-22-5-9, in accordance with Section 100-10 of the Southold Town Code, and that said costs and expenses are to be collected at the same time and in the same manner as the Town taxes. ? Y©te Record '.Resolution I2ES 2613 SAS ? Adopted ? Adopted as Amended Yes/Aye No/Nay Abstain Absent ? Defeated James Dinizio Jr ~ ? ? ? ? ? Tabled ? Withdrawn William P. Ruland ' ? ' ? ? ? ? Supervisor's Appt Jill Doherty ? ' ? ? ? ? Tax Receiver's Appt Christopher Talbot ~ ? ? ? ? ? Rescinded ? Town Clerk's Appt Louisa P. Evans ? ' ? ? ? ? Supt Hgwys Appt Scott A. Russell ? ' ? ? ~ ? ? No Action 2013-546 CATEGORY.• Public Service DEPARTMENT: Town Attorney Property Cleanup Costs - 190 Osseo Ave., Southold RESOLVED that the Town Board of the Town of Southold, pursuant to Section 100-4(A) of the Southold Town Code, hereby directs that the costs and expenses incurred by the Department of Public Works and the Solid Waste Management District in effectuating the cleanup of the property located at 190 Osseo Avenue, Southold, in the amount of $167.52 shall be levied against the real property of Harold Bauer, SCTM #1000-87-3-20, in accordance with Section 100-10 of the Southold Town Code, and that said costs and expenses are to be collected at the same time and in the same manner as the Town taxes. ?Fote Record '.Resolution RE52013-546 ? Adopted Yes/Aye ' No/Nay Abstain Absent ? Adopted as Amended - - James Dinizio Jr ? ? ? ? ? Defeated ? Tabled William P. Ruland ~ ? ? ? ? Southold Town Meeting Agenda -July 16, 2013 Page 15 ? Withdrawn Jill Doherty ' ? ' ? ? ? ? Supervisor's Appt Christopher Talbot ~ ? ? ? ? ? Tax Receiver's Appt ? Rescinded Louisa P. Evans ' ? ' ? ? ? ? Town Clerk's APPt Scott A. Russell ~ ? ? ? ? ? Supt Hgwys Appt ? No Action 2013-547 CATEGORY.• Public Service DEPARTMENT: Town Attorney Property Cleanup Costs - 1350 Crown Land Ln., Cutchogue RESOLVED that the Town Board of the Town of Southold, pursuant to Section 100-4(A) of the Southold Town Code, hereby directs that the costs and expenses incurred by the Department of Public Works and the Solid Waste Management District in effectuating the cleanup of the property located at 1350 Crown Land Lane, Cutchogue, in the amount of $227.47 shall be levied against the real property of Saddle Brook Rental Properties LLC, SCTM #1000-102-7-10, in accordance with Section 100-10 of the Southold Town Code, and that said costs and expenses are to be collected at the same time and in the same manner as the Town taxes. ? Y©te Record '.Resolution I2ES 2613 SA7 ? Adopted ? Adopted as Amended Yes/Aye No/Nay Abstain Absent ? Defeated James Dinizio Jr ? ' ? ? ' ? ? Tabled ? Withdrawn William P. Ruland ' ? ' ? ? ? ? Supervisor's Appt Jill Doherty ~ ? ? ? ? ? Tax Receiver's Appt Christopher Talbot ~ ? ? ? ? ? Rescinded ?Town Clerk's Appt Louisa P. Evans ? ? ? ? ? Supt Hgwys Appt Scott A. Russell ' ? ' ? ? i ? ? No Action 2013-548 CATEGORY.• Employment -Town DEPARTMENT: Town Clerk New York State Retirement Reporting WHEREAS, the State of New York has set additional reporting requirements in Section 315.4 of Southold Town Meeting Agenda -July 16, 2013 Page 16 the New York Codes, Rules and Regulations which requires all elected and appointed officials whose terms start on or after August 12, 2009, who are members of the New York State and Local Retirement System and who do not participate in their employer's time keeping system to prepare a log of their work-related activities far three consecutive months and submit their logs to the clerk or secretary of the governing body within 150 days of the start of their term; NOW THEREFORE, BE IT RESOLVED that the Town Board of the Town of Southold hereby establishes the following as standard workdays for elected and appointed officials and will report the following days worked to the New York State and the Local Employees' Retirement System based on the record of activities maintained and submitted by these officials to the clerk of this body: Title Name Standard Term Begins/ Participates in Days/Month(based on Work Ends Employer's Record of Activities) Day Time Keeping (Hrs/day) System Appointed Official Planning Board Member Pierce Rafferty 6 2/13/2013 N 3.82 Town Board Member James Dinizio 6 3/2013 N 6.95 BE IT FURTHER RESOLVED, that said standard is being established to meet the accounting requirements of the New York State Employees Retirement System for calculation of retirement benefits, and BE IT FURTHER RESOLVED, that the Town Clerk be and she hereby is authorized to send a certified copy of this resolution to the New York State Employees Retirement System. ? Ytite Recncd Resalufion RH":C 2013548 ? Adopted Yes/Aye No/Nay Abstain Absent Southold Town Meeting Agenda -July 16, 2013 Page 17 ? Adopted as Amended James Dinizio Jr ' ' ? ' ? ? ' ? ? Defeated William P. Ruland ? ? ? ? ? Tabled - ? Withdrawn Jill Doherty ~ ? ? ? ? Supervisor's APPt Christopher Talbot ~ ? ? ? ? ? Tax Receiver's Appt Louisa P. Evans ? ? ? ? ? Rescinded ? Town Clerk's Appt Scott A. Russell ? ' ? ? i ? ? Supt Hgwys Appt ? No Action 2013-549 CATEGORY.• Contracts, Lease & Agreements DEPARTMENT: Accounting Deferred Compensation One-Year Extension RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a Letter Agreement to memorialize the agreement between Hartford Life Insurance Company, acting through Massachusetts Life Insurance Company as its Administrator, and the Town of Southold, to extend the group variable annuity contract and group fixed annuity contract issued by Hartford Life to the Deferred Compensation Plan for Employees ofthe Town of Southold through August 10, 2014, all in accordance with the approval of the Town Attorney. ?Fote Record '.Resolution RE52013-549 ? Adopted ? Adopted as Amended ' Yes/Aye ' No/Nay Abstain I Absent ? Defeated James Dinizio Jr ' ? ' ? ? ' ? ? Tabled ? Withdrawn William P. Ruland ' ? ' ? ? ? ? Supervisor's Appt Jill Doherty ~ ? ? ? ? ? Tax Receiver's Appt Christopher Talbot ~ ? ? ? ? ? Rescinded ? Town Clerk's Appt Louisa P. Evans ' ? ' ? ? ? ? Supt Hgwys Appt Scott A. Russell ? ' ? ? i ? ? No Action 2013-550 CATEGORY.• Petitions DEPARTMENT: Town Attorney Southold Town Meeting Agenda -July 16, 2013 Page 18 7/30/13 PH @ 7:31 PM - Marratooka ODA WHEREAS, the Planning Board for the Town of Southold has issued Sketch Plat approval for a conservation subdivision on June 4, 2013, pursuant to Section 240-26(A) of the Town Code, thereby completing the required first step for an application to the Town Board for an Open Development Area, and WHEREAS, the Town Board has received a petition from Maaratooka North, LLC to establish an open development area pursuant to Chapter 240 of the Town Code; now, therefore, be it RESOLVED that pursuant to the provisions of Chapter 240 (Subdivision of Land), Article VIII (Open Development Area), of the Town Code, the Town Board of the Town of Southold hereby accepts the petition of Maaratooka North, LLC to establish an open development area as complete, and hereby sets July 30, 2013 at 7:31 p.m., Southold Town Hall, 53095 Main Road, Southold, New York, as the time and place for a public hearing for the establishment of an open development area on property owned by Maaratooka North, LLC, said property is identified as part of SCTM #1000-115-2-6, with an address at 17405 Route 25, Mattituck. The property is located in the A-C Zoning District and is on the north side of NYS Route 25, approximately 1,185 feet east of Mill Lane, Mattituck, New York. The proposed open development area is located on 4.5 acres of a 22.5 acre parcel. This Project is eligible for partial funding from an awarded grant from the NYS Department of Agriculture and Markets and as such, the NYS Department of Agriculture and Markets has conditioned the grant funding to restrict the future subdivision of the Open Development Area to one additional lot not to exceed one acre in area. The development rights of the remaining 18 acres are to be acquired by the Town using Community Preservation Funds and subject to a development rights easement. FURTHER NOTICE is hereby given that a more detailed description of the above-mentioned petition to establish an open development area is on file in the Town Clerk's Office, Southold Town Hall, 53095 Main Road, Southold, New York, and maybe examined by any interested person during business hours. ?Fote Record '.Resolution RE52013-550 ? Adopted ? Adopted as Amended ' Yes/Aye ' No/Nay Abstain I Absent ? Defeated James Dinizio Jr ~ ? ? ? ? ? Tabled ? Withdrawn William P. Ruland ' ? ' ? ? ? ? Supervisor's Appt Jill Doherty ~ ? ? ? ? ? Tax Receiver's Appt Christopher Talbot ' ? ' ? ? ? ? Rescinded ? Town Clerk's Appt Louisa P. Evans ' ? ' ? ? ? ? Supt Hgwys Appt Scott A. Russell ~ ? ? ? ? ? No Action Southold Town Meeting Agenda -July 16, 2013 Page 19 2013-551 CATEGORY.• Budget Modification DEPARTMENT: Town Clerk 2013 FIFD Budget Modification Financial Impact: Cover repairs Race Point RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District Board of Commissioners dated July 1, 2013, which reads as follows: RESOLVED that the Commissioners of the Fishers Island Ferry District hereby amend the 2013 Fishers Island Ferry District budget as follows: Decrease Appropriations SM.5710.4.000.975 Waste Management $8,000 SM.1310.4.000.000 Accounting/Finance 10,000 SM.5709.2.000.100 Repairs, Rental Buildings 6,000 SM.5710.4.000.600 Janitorial Supplies 2,500 SM.5710.4.000.925 Waste Management 1,500 SM.5710.4.000.950 Training/Education 6,000 Total $ 34,000 Decrease Revenues SM.5990.00 Appropriated Fund Balance $ 18,300 Total $ 18,300 Increase Appropriations SM.5710.2.000.200 Repairs, Race Point $52,300 Total $52,300 ? Vote Record Resolndon RES 201J 551 ? Adopted ? Adopted as Amended Yes/Aye No/Nay Abstain Absent ? Defeated James Dinizio Jr ? ' ? ? ' ? ? Tabled ? Withdrawn William P. Ruland ' ? ' ? ? ' ? ? Supervisor's Appt JiIIDoherty ~ ? ? ? ? ? Tax Receiver's Appt Christopher Talbot ~ ? ? ? ? ? Rescinded ? Town Clerk's Appt Louisa P. Evans ' ? ' ? ? ? ? Supt Hgwys Appt Scott A. Russell ? ' ? ? i ? ? No Action Southold Town Meeting Agenda -July 16, 2013 Page 20 2013-552 CATEGORY.• Budget Modification DEPARTMENT: Accounting BudgetModification for Solid Waste District Financial Impact: Provide appropriation for Hurricane Sandy debris billed by the Town of Brookhaven, partially reimbursed by FEMA during November and December of 2012 RESOLVED that the Town Board of the Town of Southold hereby increases the 2012 Solid Waste Management District budget as follows: Appropriations: SR.8160.4.400.812 Storm Debris Disposal $44,035 Revenues: SR.4960.80 FEMA Aid, Home and Community Svcs $39,631 SR.5990.00 Appropriated Fund Balance 4,404 Totals $44,035 ? Y©te Record '.Resolution I2ES 2613 552 ? Adopted ? Adopted as Amended Yes/Aye No/Nay Abstain Absent ? Defeated James Dinizio Jr ? ' ? ? ' ? ? Tabled ? Withdrawn William P. Ruland ' ? ' ? ? ? ? Supervisor's Appt Jill Doherty ~ ? ? ? ? ? Tax Receiver's Appt Christopher Talbot ~ ? ? ? ? ? Rescinded ? Town Clerk's Appt Louisa P. Evans ' ? ' ? ? ? ? Supt Hgwys Appt Scott A. Russell ? ' ? ? i ? ? No Action 2013-553 CATEGORY.• Employment -Town DEPARTMENT: Accounting Appoint Peter Doherty Code Enforcement Officer RESOLVED that the Town Board of the Town of Southold hereby appoints Peter J. Doherty to the position of Code Enforcement Officer for the Building Department, effective July 22, 2013, at a rate of $58,962.26 per annum. ? Vtite Record Resolnftan R%S 2013-SS3 ? Adopted ? Adopted as Amended ~ Yes/Aye No/Nay Abstain _ Absent Southold Town Meeting Agenda -July 16, 2013 Page 21 ? Defeated James Dinizio Jr ' ' ? ' ? ? ' ? ? Tabled William P. Ruland ? ? ? ? ? Withdrawn ? Supervisor's Appt Jill Doherty ~ ? ? ? ? ? Tax Receiver's Appt Christopher Talbot ~ ? ? ? ? ? Rescinded Louisa P. Evans ? ? ? ? ? Town Clerk's Appt ? Supt Hgwys Appt Scott A. Russell ? ? ? i ? ? No Action 2013-554 CATEGORY.• Public Service DEPARTMENT: Town Attorney Orient Blighted Property -SCTM#1000-I5-2-14 WHEREAS, Suffolk County has developed a program known as GML 72-H Affordable Housing to transfer real property oftax-defaulted properties taken by the County to municipalities exclusively for the purpose of developing affordable housing, and WHEREAS, Suffolk County has offered the Town of Southold a blighted property in the hamlet of Orient, described as SCTM #1000-15-2-14, and the Town Board expressed its intent to accept title to said parcel to be developed as an affordable housing unit developed by Habitat for Humanity; and WHEREAS, in anticipation of said conveyance, Habitat for Humanity has applied for Community Development Block Grant funding to finance the demolition and cleanup of the blighted property; now, therefore, be it RESOLVED, that the Town Board of the Town of Southold hereby authorizes the allocation of $10,000 of Community Development Block Grant funding to reimburse Habitat for Humanity for the demolition and cleanup of the blighted property and also waives tipping fees for disposal of demolished materials at the Southold Transfer Station. ? vote Record Resolndon RES 201J 559 ? Adopted ' Yes/Aye ' No/Nay Abstain i Absent ? Adopted as Amended James Dinizio Jr ~ ? ? ? ? ? Defeated William P. Ruland ? ? ? ? ? Tabled ? Withdrawn Jill Doherty ' ? ' ? ? ? ? Supervisor's Appt Christopher Talbot ~ ? ? ? ? ? Tax Receiver's Appt Louisa P. Evans ? ? ? ? ? Rescinded ? Town Clerk's Appt Scott A. Russell ' ? ' ? ? ? ? Supt Hgwys Appt Southold Town Meeting Agenda -July 16, 2013 Page 22 ? No Action 2013-555 CATEGORY.• Contracts, Lease & Agreements DEPARTMENT: Town Attorney RetainerAgreement W/Lamb & Barnosky -Labor Counsel RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a Retainer Agreement with Lamb & Barnosky, LLP in connection with professional services provided on all labor relations and employment law matters for the period July 1, 2013 through June 30, 2016, at a fee of Forty-five Thousand ($45,000.00) Dollars per year for the period July 1, 2013 -June 30, 2014; Forty-seven Thousand Five Hundred ($47,500) Dollars per year for the period July 1, 2014 -June 30, 2015; and Fifty Thousand ($50,000) Dollars per year for the period July 1, 2015- June 30, 2016, subject to the approval of the Town Attorney. ?Fote Record '.Resolution RE52013-555 ? Adopted ? Adopted as Amended ' Yes/Aye ' No/Nay Abstain I Absent ? Defeated James Dinizio Jr ~ ? ? ? ? ? Tabled ? Withdrawn William P. Ruland ? ? ? ? ? Supervisor's Appt Jill Doherty ' ? ' ? ? ? ? Tax Receiver's Appt Christopher Talbot ' ? ' ? ? ? ? Rescinded ? Town Clerk's Appt Louisa P. Evans ' ? ' ? ? ? ? Supt Hgwys Appt Scott A. Russell ~ ? ? ? ? ? No Action 2013-556 CATEGORY.• Seqra DEPARTMENT: Town Attorney LL/Amendments to Chapter 205, Special Events SEQRA RESOLVED that the Town Board of the Town of Southold hereby determines thatthe proposed Local Law entitled "A Local Law in Relation to Amendments to Chapter 205, Public Entertainment and Special Events" is classified as a Type II action pursuant to SEQRA rules and regulations, and is not subject to further review under SEQRA and is consistent with the LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. Southold Town Meeting Agenda -July 16, 2013 Page 23 ?Fote Record '.Resolution RE52013-556 ? Adopted ? Adopted as Amended ' Yes/Aye ' No/Nay Abstain I Absent ? Defeated James Dinizio Jr ' ? ' ? ? ' ? ? Tabled ? Withdrawn William P. Ruland ' ? ' ? ? ? ? Supervisor's Appt Jill Doherty ~ ? ? ? ? ? Tax Receiver's Appt Christopher Talbot ~ ? ? ? ? ? Rescinded ? Town Clerk's Appt Louisa P. Evans ' ? ' ? ? ? ? Supt Hgwys Appt Scott A. Russell ? ' ? ? i ? ? No Action 2013-557 CATEGORY.• Enact Local Law DEPARTMENT: Town Clerk Enact Local Law of2013MillRoadParking WHEREAS, there had been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 7~' day of May, 2013, a Local Law entitled "A Local Law in relation to the Removal of Parking Restrictions on Inlet Road (a/k/a Mill Lane) and Mill Road in the area between Route 48 and Goldsmiths Inlet" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 4u' day of June, 2013, at 7:32 p.m. at which time all interested persons were given an opportunity to be heard. RESOLVED the Town Board of the Town of Southold herebyENACTS the proposed Local Law entitled, "A Local Law in relation to the Removal of Parking Restrictions on Inlet Road (a/k/a Mill Lane) and Mill Road in the area between Route 48 and Goldsmiths Inlet" that reads as follows: LOCAL LAW NO. 2013 A Local Law entitled, "A Local Law in relation to the Removal of Parking Restrictions on Inlet Road (a/k/a Mill Lane) and Mill Road in the area between Route 48 and Goldsmiths Inlet". BE IT ENACTED by the Town Board of the Town of Southold as follows: L Purpose. Southold Town Meeting Agenda -July 16, 2013 Page 24 Parking restrictions associated with Goldsmiths Inlet in the hamlet of Peconic has resulted in excessive signage that negatively impacts the public's health, safety and welfare in the surrounding community. Accordingly, it is necessary to remove the parking restrictions from Soundview Avenue South to County Route 48 to reduce the excessive signage on Mill Road. IL Chapter 260 of the Code of the Town of Southold is hereby amended as follows: §260-8. Parking prohibited at all times. Name of Street Side Location Mill Road Both At Peconic, ~ from the southerly intersection of a private road known as Miami Avenue axe Eext~Raxte-48 and Mill Road southeasterly to the northwesterly intersection of Soundview Avenue and Mill Road III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ? Y©te Record '.Resolution I2ES 2613 557 ? Adopted ? Adopted as Amended Yes/Aye No/Nay Abstain Absent ? Defeated James Dinizio Jr ~ ? ? ? ? ? Tabled ? Withdrawn William P. Ruland ' ? ' ? ? ? ? Supervisor's Appt Jill Doherty ? ' ? ? ? ? Tax Receiver's Appt Christopher Talbot ' ? ' ? ? ? ? Rescinded ? Town Clerk's Appt Louisa P. Evans ' ? ' ? ? ? ? Supt Hgwys Appt Scott A. Russell..... ~ ? ? ? ? ? No Action ~ Southold Town Meeting Agenda -July 16, 2013 Page 25 2013-558 CATEGORY.• Enact Local Law DEPARTMENT: Town Clerk Enact Local Law No. Amendments to Chapter 205, Public Entertainment and Special Events WHEREAS, there had been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 18~' day of June, 2013, a Local Law entitled "A Local Law in relation to Amendments to Chapter 205, Public Entertainment and Special Events" and WHEREAS, the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at 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 were given an opportunity to be heard, now therefore be it RESOLVED the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 205, Public Entertainment and Special Events" that 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: L Chapter 205 of the Code of the Town of Southold is hereby amended as follows: „w.,.:...a ,...,...a,.......:.r..r F,..,r, w.~,...,. iii nii ..,..h. ..,.a i,.,.,,,.a ,......,.n,.a w..r.,. ,.,,.,.a a,...,..:,... ,...a r.,.ia ..........:......i w,.,,:,, :..,.i..a:..,. w.....,.. i:.....:.,.a . ..i„ r w,.,,.,...,, ,....a,.,... „r.,... „ ....,.a,.,, ,.n „ Southold Town Meeting Agenda -July 16, 2013 Page 26 ,.1_f..:...,l ,...,...,7,...,.,...:.1..1. F 1_ .1,..., w.,..,:w...w . ..f fL......1_7:. ,.F.1.. 1_..:1,7:..,. e~cn. ,...,7 ,.,..w:F,.,..,. ,.F i,.,,,, e1 nnn nnn 'r,... ,.F 0 ,...fL.,.1,1 ,.aa:.: ,...,.i .-,.a a..r:..,..~.,. ,.r.1.,. 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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 ofthe provisions herein. Southold Town Meeting Agenda -July 16, 2013 Page 28 §205-2. DeFmitions. 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. (5) 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 (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. (6) The substantial increase or disruption of the normal flow of traffic on any street or hi wa . (7) The placement of portable toilets. (8) The placement of temporary no-parking or directional signs or banners. (9) The use of any Town services that would not be necessary in the absence of such an event. &205-3. Permit required. Southold Town Meeting Agenda -July 16, 2013 Page 29 A. 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. B. 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 anot-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 event or a series of similar events (not to exceed 6 in a 3-month period) that are of like size and scope. A. A completed Special Event Application Form which includes the following information: Southold Town Meeting Agenda -July 16, 2013 Page 30 (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. (5) Expected number of automobiles and other vehicles intended to use the property atone time and collectively. (6) 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. (7) 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. (8) The dimensions of any tents to be utilized for the event. All tents erected in connection with an event will require an application to, and the approval of, the Building Department. (9) Certification that the property where the event is to take place is not subject 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. (10) 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. B. 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 to1,000 attendees. Southold Town Meeting Agenda -July 16, 2013 Page 31 (3) Applications that are submitted less than sixty (60) days prior to the proposed event may be rejected or subject to a late processing fee of $250.00. C. 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. D. A parking event plan showing: (1) The size of the property and its location in relation to abutting streets or hi wa s. (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 sg. 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 Southold Town Meeting Agenda -July 16, 2013 Page 32 with the event. (14) Location of sanitary facilities on site. E. A description of any signage to be displayed adjacent to a Town, County or State road, including size, location and dates of display. F. The Chairperson 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 orright-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. G. 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 If a waiver is granted, the Chairperson may attach appropriate conditions to protect the public interest. §205-5. Application review procedure and standards. A. 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. B. 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. C. Upon receipt of comments, the Chairperson of the Zoning Board of Appeals shall determine whether to require revisions to the proposed event application. D. 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. Southold Town Meeting Agenda -July 16, 2013 Page 33 E. In determining whether to grant a special event permit, the Chairperson of the Zoning Board of Appeals shall consider the following: (1) The size and capacity of the site to accommodate the proposed event. (2) The facilities available. (3) The availability of highway and other means of transportation to and from the site. (4) 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 offire-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. (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 Southold Town Meeting Agenda -July 16, 2013 Page 34 year, the verification must be submitted from those charities listed on the previous application. (15) Any other matters that relate to the health, safety and welfare of the general up blic. F. A deposit shall be made in an amount to be determined prior to issuance of the permit based upon the estimated direct costs attributable to additional police and highway costs associated with the event. After the event, the deposit will be used to cover such costs and any monies remaining will be returned to the applicant. G. A special event permit is not transferrable and shall expire at the close of the event(s) for which it is issued. H. The special event permit issued hereunder shall be displayed on the premises during the special event and shall be available for inspection by a police officer or other enforcement officer ofthe Town upon request. L Applications for tent permits required for any event must be submitted directly to the Building Department. 205-6. Appeal from denial of a special event permit. An applicant who is denied a permit by the Chairperson of the Zoning Board of Appeals may apply to the Town Board for reconsideration of the application by filing an appeal with the Town Clerk within 10 days of the date of the denial. A complete copy of the application submitted to the Office of the Zoning Board of Appeals shall accompany the request for reconsideration. The Town Board may, following a public hearing, affirm or reverse the determination of the Chairperson subject to any conditions deemed appropriate under the circumstances. ARTICLE III SPECIAL EVENTS REQUIRING TOWN BOARD APPROVAL 205-7. Events held on Town lands or events exceeding 1,000 attendees. A. Any event held on property owned, leased or controlled by the Town or any event where the expected attendance exceeds 1,000 people shall be subject to approval by resolution of a majority of the Town Board following the submission of an application to the Town 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. Southold Town Meeting Agenda -July 16, 2013 Page 35 (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 Town. (v) Whether the event will yield a donation to one or more local charities. B. 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. Southold Town Meeting Agenda -July 16, 2013 Page 36 (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. (v) If there are any special requirements needed for the event including, but not limited to, police presence or road closures. (2) Application fee in the sum of $250 for events where the expected attendance does not exceed 1,000 attendees. (3) A certificate of insurance not less than $2,000,000 naming the Town of Southold as an additional insured. (4) A minimum clean up deposit of $250. (5) 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 cleanup 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. (6) Any additional information required by the Town Clerk. C. 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 of a permit application or for the protection of health, safety and welfare. The Town Board resolution shall specify the reason for the grant or denial If a waiver is granted, the Town Board may attach appropriate conditions to protect the public interests. ARTICLE IV Southold Town Meeting Agenda -July 16, 2013 Page 37 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 Town may serve the permittee's agent, a notice of rescission of special permit specifying the manner in which the permittee has not complied with the terms of its permit and/or identifying the incorrect information supplied in the application. The Zoning Board of Appeals Chairperson or the Town Board may, for good cause, modify or rescind such permit, absolutely or upon conditions. &205-9. Penalties for offenses. A. 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. B. 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 subject 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 subject 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 subject to a fine of not less than $500.00 and not more than $1,500.00. (3) 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 $5,000.00. Southold Town Meeting Agenda -July 16, 2013 Page 38 C. No new special event permits will be issued to any property owner, occupant or their agent if they are a named defendant in an outstanding or unresolved violation of this Chapter. D. The Town may also maintain an action or proceeding in a Court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this Chapter. IL SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any Court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. III. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ? Vate Record Resolution RE$ 2013 558 ? Adopted ? Adopted as Amended ' Yes/Aye ' No/Nay Abstain i Absent ? Defeated James Dinizio Jr ' ? ' ? ? ' ? ? Tabled ? Withdrawn William P. Ruland ' ? ' ? ? ? ? Supervisor's Appt JiIIDoherty ~ ? ? ? ? ? Tax Receiver's Appt Christopher Talbot ' ? ' ? ? ? ? Rescinded ? Town Clerk's Appt Louisa P. Evans ' ? ' ? ? ? ? Supt Hgwys Appt Scott A. Russell ~ ? ? ? ? ? No Action VL PUBLIC HEARINGS Motion To: Motion to recess to Public Hearing RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed in order to hold a public hearing. LL/Amendments to Chapter 205 Special Events Meeting Reconvened Southold Town Meeting Agenda -July 16, 2013 Page 39 Meeting reconvened at P.M. Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at P.M. + + + + + Elizabeth A. Neville Southold Town Clerk