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AG-07/30/2013
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 30, 2013 7:30 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 7:30 PM Meeting called to order on July 30, 2013 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Present ' Ahsent ' Late ' Arrived Councilman James Dinizio Jr ? ? ? Councilman William P. Ruland ? ? ? Councilwoman Jill Doherty ? ? ? Councilman Christopher Talbot ? ? ? Southold Town Meeting Agenda -July 30, 2013 Page 2 Justice Louisa P. Evans ? ? ? ....Supervisor Scott A. Russell _ ? ? ? I. REPORTS 1. North Fork Animal Welfare League Financial Statements, June 30, 2013 & 2012 Quarterly Performance Ending June 30, 2013 2. Recreation Department June 2013 3. Land Tracking Report 2nd Quarter 2013 4. Department of Public Works Monthly Report June 2013 5. Town Clerk Reports 1st Quarter 2nd Quarter 1st half IL PUBLIC NOTICES 1. Suffolk County Public Hearing 8/30/13 @ 2:30 PM at Wm. H. Rogers Leg. Bldg., Hauppauge 7 parcels in Southold Town being considered for inclusion in an existing certifed ag district III. COMMUNICATIONS IV. DISCUSSION 1. 9:00 Am -Phillip Beltz, Heather Lanza, Mark Terry, Jim Rich Comprehensive Plan Discussion: Natural Hazards Chapter 2. 9:20 Am -Michael Collins, Jamie Richter Reviews and Re-Writing of Chapter 236 3. 9:45 Am -Michael Collins, Jamie Richter, Peter Harris Highway Maintenance Facility Proposal Reviews 4. 10:00 Am -Mike Verity, Peter Harris Boulders and Encroachments on Public Right of Ways 5. 10:30 Am -John Sepenoski, Sarah Cote Southold Town Meeting Agenda -July 30, 2013 Page 3 GIS Stormwater Mapping Too Presentation 6. 11:00 Am -Trustees Jim King, Michael Domino Marine Contractor License 7. Historic Preservation of Main Road 8. LL/Amendments to Chapters 83 and 193, Dogs on Beaches (public hearing this pm) 9. Maaratooka North, LLC ODA (Public Hearing this pm) 10. LL Parking and Standing on CR 48 in Cutchogue (set for Public Hearing) 11. EXECUTIVE SESSION -Labor Matters involving Employment of particular persons 12. EXECUTIVE SESSION -Litigation Nocro, Ltd and Heritage at Cutchogue, LLC v. Town of Southold, et al. V. RESOLUTIONS 2013-559 CATEGORY.• Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated Jul 30 2013. ? Vtite Record Resolnftan R%S 2013-SS9 ? 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..... ~ ? ? ? ? ? No Action Southold Town Meeting Agenda -July 30, 2013 Page 4 2013-560 CATEGORY.• Set Meeting DEPARTMENT: Town Clerk Set Fishers Island Meeting RESOLVED that the neat Town Board Meeting of the Southold Town Board be held, Tuesday, August 7, 2013 at Fishers Island, New York at 1:30 P. M.. ?Fote Record '.Resoluflon RE52013-Sd0 ? 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 2013-561 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, August 13, 2013 at the Southold Town Hall, Southold, New York at 4:30 P.M.. ?Ydte Recncd '.ResalufionRF:C 2013561 ? 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 30, 2013 Page 5 2013-558 Tabled 7/1 6/201 3 4:30 PM 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 „ 4L. , ..F fL. «..1.1: ,.FfL. 1...:1,1:«,. it ~ nll ,.....i:,.,..:,...,, F :..i „r.,.ii w,......,.a,..,..r.,. ~r,..... n,.,..-a ,.F .1. ~r,... ,.r 0,...fL. ,.l a i,.,.,,. cn ,1,.. „ .1. ,...«,...,.,,,.a ,1,..,. ,.r.l.,. ,...,1 Southold Town Meeting Agenda -July 30, 2013 Page 6 4:1,.,7 :f L, fl, T,... nl,.«7 f,.,.,.fL. :fL... F,.,. ,.F Q`1 nn. ,.1,... ,1,.«,...:t F,.,. ,.F e~cn. ,...,7 ,.,.«t:4: ,.F 1,.,,,, .1.,... e1 nnn nnn ..,....:..,..1.,. 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F,.,. ,.F Q`cn T« ,.....«t:«,. ,.L... ...1 fl, F,.11 F ,.f «.....f 1 .1,.«,.,1. /1 \ A11 ....«7 ....f 1.,. ,.4Y'..f«,.,.t ..«,l t«..4Y: ,.,.«t«,.1 «.....f 1.,. :,l,.,l 1., fl, C~\ All F,.,.,1 «.....f 1_,. ,...f,.«,.,1 ..«,l «,.,1 ,.4Y'..:f,. Southold Town Meeting Agenda -July 30, 2013 Page 7 i~~ F,..- inn ...................i,..-,.,...:.- ,.F tx: ,.,.....-,.i ..i,... 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. &205-2. DeFinitions. 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. Southold Town Meeting Agenda -July 30, 2013 Page 8 §205-3. Permit required. 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: (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. Southold Town Meeting Agenda -July 30, 2013 Page 9 (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. (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 Southold Town Meeting Agenda -July 30, 2013 Page 10 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. 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. 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. Southold Town Meeting Agenda -July 30, 2013 Page 11 (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 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 Southold Town Meeting Agenda -July 30, 2013 Page 12 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. (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. Southold Town Meeting Agenda -July 30, 2013 Page 13 (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. (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 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 Southold Town Meeting Agenda -July 30, 2013 Page 14 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. 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 Southold Town Meeting Agenda -July 30, 2013 Page 15 This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ? Vote Record Resolnton RES 201J 558 ? 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 2013-562 CATEGORY.• Close/Use Town Roads DEPARTMENT: Town Clerk Waive Parking on 4Th Street, New Suffolk RESOLVED that the Town Board of the Town of Southold hereby waives the parking regulations on 4~' Street, New Suffolk, from the corner of Jackson Street to the beach area on August 17, 2013 from 2:00 pm to 12:00 a.m. (midnight) for the purpose of parking catering vehicles for the Speyer residence, providing 1. They file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured; 2. Caterer must supply Town clerk's office with vehicle license plate number; 3. Caterer must display a placard visible in the vehicle dashboard; 4. The Speyers must contact Captain Kruszeski of the Southold Police Department with a sample of parking placard and instructions for proper placement of the cards and be it further RESOLVED the Town Board hereby denies the request to waive any parking regulations at the New Suffolk Beach for wedding guests on August 17, 2013. Guests may park in legal parking locations only. ? Y©te Record '.Resolution RES 2013 Sb2 ? Adopted ? Adopted as Amended ' Yes/Aye ' No/Nay Abstain i Absent ? Defeated James Dinizio Jr ' ? ' ? ? ' ? ? Tabled William P. Ruland ' ? ' ? ? ? ? Withdrawn Southold Town Meeting Agenda -July 30, 2013 Page 16 ? Supervisor's Appt Jill Doherty ' ? ' ? ? ? ? Tax Receiver's Appt Christopher Talbot ? ? ? i ? ? Rescinded ? Town Clerk's Appt Louisa P. Evans ~ ? ? ? ? ? Supt HgH'Ys APPt Scott A. Russell..... ? ? ? ? ? No Action 2013-563 CATEGORY.• Budget Modification DEPARTMENT: Accounting Highway Fund Part Town Budget Modification Financial Impact: Appropriate a transfer made from the Capital Fund to the Highway Fund for part of the $133K Capital Grant received from NYS Dept of State for the 2013 serial bond principal payment due for the Fishers Island Road/Drainage project RESOLVED that the Town Board of the Town of Southold hereby increases the 2013 Highway Fund Part Town budget as follows: Revenues: DB.5031.10 Transfers from Capital Fund $70,000 Appropriations: DB.9710.6.000.000 Serial Bond Principal $70,000 ? Vate Record Resolution RE$ 2013 Sd3 ? 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 ? ' ? ? i ? ? No Action 2013-564 CATEGORY.• Contracts, Lease & Agreements DEPARTMENT: Community Development Southold Town Meeting Agenda -July 30, 2013 Page 17 2013 Family Service League Agreement RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Agreement with Family Service League of Suffolk County in connection with the 2013 Southold Youth Services Program in the amount of $33,000 for the term January 1, 2013 through December 31, 2013, this program is funded in part by a grant from the Suffolk County Youth Bureau, all in accordance with the approval of the Town Attorney. ?Fote Record '.liesolution RE52013-Sd4 ? 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 2013-565 CATEGORY.• Budget Modification DEPARTMENT: Police Dept Police Department-Budget Modification Financial Impact: For funds expended after the retirement ofJoseph A. Conway, Jr. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2013 General Fund Whole Town budget as follows: From• A.1990.4.100.200 Contingent (Whole Town) Police Retirement Reserve $190,500 TOTAL $190,500 To: A.3120.1.100.300 Police, P.S. Vacation Earnings $77,000 A.3120.1.100.400 Police, P.S. Sick Earnings $111,000 A.3120.1.100.500 Police, P.S. Southold Town Meeting Agenda -July 30, 2013 Page 18 Holiday Earnings $2,500 TOTAL $190,500 ? Vnte ]3ecncd Resalufion RES 2Q13 565 ? 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 2013-566 CATEGORY.• Employment -Town DEPARTMENT: Accounting Acknowledges Intent to Retire Everett B. Glover WHEREAS, the Town of Southold has received email notification on July 23, 2013 from the NYS Retirement System concerning the retirement of Everett B. Glover effective September 28, 2013, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby acknowledges the intent to retire of Everett B. Glover from the position of Heavy Equipment Operator for the Highway Department effective September 28, 2013. ? Vtite Recoed Resolution 12&S 201J 566 '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 30, 2013 Page 19 2013-567 CATEGORY.• Close/Use Town Roads DEPARTMENT: Town Clerk Road Closure for the Douglas Moore Music Festival 8/10/13 Financial Impact: Cost to Police = $197.52 RESOLVED that the Town Board of the Town of Southold hereby grants permission to The Douglas Moore Memorial Concert Committee to close Case's Lane, adjacent to the Cutchogue Village Green on Saturday, August 20, 2013, from 5:00 PM to 10:00 PM ,provided they follow all the conditions in the Town of Southold Policy for Special Events on Town Properties and Roads". Failure to comply with Items No. 5 and No.6 will result in the forfeiture of the $500 clean-up deposit. All fees have been waived except the clean-up deposit. Support is for this year only, as the Southold Town Board continues to evaluate the use oftown roads. ? Ytite Recncd Resalufion RE'S 2013567 ? 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 2013-568 CATEGORY.• Public Service DEPARTMENT: Town Clerk Fireworks Permit to Peconic Landing for a Fireworks Display on August 31, 2013 to Celebrate Its Anniversary RESOLVED that the Town Board of the Town of Southold hereby approves the issuance of a fireworks permit by the Town Clerk to Peconic Landing @ Southold, for a fireworks display on August 31, 2013 (rain date September 1), on the Peconic Landing's property at 1500 Brecknock Road, Greenport, New York, to celebrate its 11~' Anniversary, upon the payment of a single fee of $100 and subject to the applicants compliance with the requirements of the Town's policy regarding the issuance of fireworks permits. ? Vtite Record Resolufian R&S 201J 568 'J. ? Adopted ' Yes/Aye ' No/Nay Abstain i Absent Southold Town Meeting Agenda -July 30, 2013 Page 20 ? 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 2013-569 CATEGORY.• Recommendations DEPARTMENT: Town Clerk Waive the 30 Day Notification of the Application for a Liguor License by 631 Rest. Corp RESOLVED the Town Board of the Town of Southold hereby waives the 30 Day notification for the application of a new liquor license by 631 Rest. Corp., located at 64275 Main Road, Southold. ?Ydte Recncd '.ResalufionRF:C 2013569 ? 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 2013-570 CATEGORY.• Close/Use Town Roads DEPARTMENT: Town Clerk Cutchogue-New SuffolkAntigue Car Show RESOLVED that the Town Board of the Town of Southold hereby grants permission for the closure of Case's Lane from Fairway Drive to the Main Road, for the "Back in Time before `49" Southold Town Meeting Agenda -July 30, 2013 Page 21 Antique Car Show on the Cutchogue Village Green, on Saturday, October 19, 2013, (r/d Oct 20) from 9:00 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 oftown roads. ?Fote Record '.Resolution RE52013-570 ? 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 2013-571 CATEGORY.• Contracts, Lease & Agreements DEPARTMENT: Recreation Hire Fall Recreation Program Instructors Resolved that the Town Board of the Town of Southold authorize and direct Supervisor Scott A. Russell to execute an agreement with the following individuals and businesses for the fall 2013 recreation programs, all in accordance with the approval of the town attorney. Funding for the instructors listed below has been budgeted for in the recreation department's 2013 instructor line A7020.4.500.420. Sara Bloom (memoir writing) $30/hour Thomas Boucher (guitar) $30/hour Constance Case (Quilting) $30/hour Joseph Chisholm (Stocks &Bonds) $30/hour Lenora Dome (belly dancing) $30/hour Martha Eagle (Aerobics/Pilates/Yoga/Power Stretching)....... $30/hour Vivian Eyre (poetry) $30/hour Susan Forte (iPad & iPhone) $30/hour Bill Gatz (youth basketball) $30/hour Dan Gebbia (dog obedience) $70/dog Denise Gillies (Tai Chi) $30/hour GymNation (Gymnastics) $50/person Island's End Golf & Country Club (golf lessons) $100/person Southold Town Meeting Agenda -July 30, 2013 Page 22 Eric Izzo (youth basketball) $30/hour Thomas LaMothe (Spanish) $30/hour Lois Levy (Creative Art &Acrylics) $30/hour Little Red Riding School (Horseback lessons) $100/person Rosemary Martilotta (yoga) $55/class Judy McCleery (digital photography) $30/hour Kate McDowell (tennis lessons) $30/hour Maribeth Mundell (singing program) $30/hour Linda Nemeth (Watercolor) $30/hour Lisa Pildes (Medication Management) $30/hour Jeffrey Poplarski (Golf Fitness) $55/class Jeffrey Poplarski (Youth Fitness) $65/class R & C Agency Management Corp. (CPR class) $55/person R & C Agency Management Corp. (defensive driving)...... $30/person John Scourakis (Adult Boating) $25/person Laurie Short (aerobics classes) $30/hour Steven Smith (weight training) $30/hour Jocelyn Suglia (youth basketball) $30/hour Barbara Terranova (Knitting/Homemade Jam) $30/hour Lisa Tettelbach (Greeting Cards) $30/hour Voice Coaches Voice Acting $30/hour ? Vote Record Resolndon RES 201J 571 ? 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 2013-572 CATEGORY.• Budget Modification DEPARTMENT: Engineering BudgetModification -Engineering Intern Financial Impact: Intern salary RESOLVED that the Town Board of the Town of Southold hereby modifies the 2013 Engineering Department budget as follows: Southold Town Meeting Agenda -July 30, 2013 Page 23 From• A.1440.4.400.300 MS4 Brochure Printing $1,500 A.1440.4.500.100 MS4 Engineering Surveys $2,014 A.1440.4.500.300 MS4 Soil Boring Analysis $1,000 A.1440.4.600.300 MS4 Related Travel Reimbursement $1,326 A.1440.4.600.800 MS4 Advertising $1,000 TOTAL: $6,840 To: A.1440.1.300.100 Seasonal Regular Earnings $6,750 A.1440.1.300.200 Seasonal Overtime Earnings $90 TOTAL: $6,840 ? Vtite Record Resolnftan R%S 2013-572 ? 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..... ~ ? ? ? ? ? No Action 2013-573 CATEGORY.• Employment -Town DEPARTMENT: Accounting Appoint Lois Weisenbacher PT Clerk Typist RESOLVED that the Town Board of the Town of Southold hereby appoints Lois Weisenbacher to the position of part-time Clerk Typist for the Human Resource Center effective August 5, 2013. Position not to exceed 17.5 hours per week at a rate of $13.78 per hour. ? $©te Record .Resolution RES 2613 573 ? Adopted yes/Aye No/Nay Abstain Absent ? Adopted as Amended - ?Defeated James Dinizio Jr ' ? ' ? ? ? ? Tabled William P. Ruland ~ ? ? ? ? ? Withdrawn Jill Doherty ? ? ? ? ? Supervisor's Appt ? Tax Receiver's Appt Christopher Talbot ? ? ? ~ ? Southold Town Meeting Agenda -July 30, 2013 Page 24 ? Rescinded Louisa P. Evans ' ' ? ' ? ? ? ? Town Clerk's Appt i Scott A. Russell ? ? ? ! ? ? Supt Hgwys Appt ? No Action 2013-574 CATEGORY.• Equipment DEPARTMENT: Human Resource Center Transfer ofHRC Vehicle to DPW RESOLVED that the Town Board of the Town of Southold hereby transfers Asset # 2668 2000 Ford E450 VIN# 1FDXE45F3YHB34501 from Southold Town Human Services Department to the Southold Town Department of Public Works. ?Fote Record '.Resolution RE52013-574 ? 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 2013-575 CATEGORY.• Policies DEPARTMENT: Accounting Approve Corrective Action Plan for Monitoring Town Asphalt Road Projects RESOLVED that the Town Board of the Town of Southold hereby approves the Corrective Action Plan implemented in response to the New York State Comptroller's audit report entitled "Monitoring Town Asphalt Road Projects", and authorizes Supervisor Scott Russell to execute and submit the Corrective Action Plan to the Office of the State Comptroller, subject to the approval of the Town Attorney. ? Vtite Record Resolnftan R%S 2013-575 ? Adopted ' Yes/Aye ' No/Nay Abstain i Absent Southold Town Meeting Agenda -July 30, 2013 Page 25 ? 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 2013-576 CATEGORY.• Bid Acceptance DEPARTMENT: Human Resource Center BBQ Grill Bid WHEREAS the Town Board of the Town of Southold had declared the BBQ Grill at the Human Resource Center to be surplus, and WHEREAS the Town Clerk advertised for bids for said surplus and received none, now therefor be it RESOLVED that the BBQ Grill is to be declared as unusable surplus equipment and disposed of. ?Fote Record '.Resolution RE52013-576 ? 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 2013-577 CATEGORY.• Attend Seminar DEPARTMENT: Accounting Southold Town Meeting Agenda -July 30, 2013 Page 26 Accounting Dept Seminar RESOLVED that the Town Board of the Town of Southold hereby grants permission to John Cushman, Town Comptroller and Janice Foglia, Payroll Supervisor to participate in a Paymate Webex Review session on Friday, August 9, 2013. Registration expenses to be a legal charge to the Accounting & Finance 2013 budget (meetings and seminars). ?Fote Record '.Resolution RE52013-577 ? 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 2013-578 CATEGORY.• Budget Modification DEPARTMENT: Supervisor 2012 BudgetModification CDBG Financial Impact: re-allocate funds Resolved that the Town Board hereby modifies the Community Development Block Grant 2012 budget as follows. To: CD.8660.D.002.014 Community Development Habitat for Humanity Demolition of Blighted Property 550 Greenway East $10,000 From• CD .8660.D.012.013 Community Development Peconic Lane Community Center Interior Renovations and Repairs $10,000 ? Vate Recncd Resalufion RES 2Q13 578 ? Adopted Yes/Aye No/Nay Abstain Absent Southold Town Meeting Agenda -July 30, 2013 Page 27 ? 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 2013-579 CATEGORY.• Close/Use Town Roads DEPARTMENT: Town Clerk North Fork Century Bike Ride 8/25/13 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Bicycle Shows USA to use the following roads for the North Fork Century Bike Ride on August 25, 2013 beginning at 7:OOAM: GREENPORT: Moore's Lane, Route 48/25, Chapel Lane ORIENT: Route 48/25, Village Lane, King Street, Narrow River Road SOUTHOLD: Route 48/25, Soundview Avenue, Lighthouse Road, Hortons Lane, North Sea Drive, Kenny's Road, Mill Road CUTCHOGUE: Route 48/25, Bridge Lane, Oregon Road, Alvah's Lane, Moores Lane, New Suffolk Avenue, Kimogenor Point Road, Orchard Street, 5~' Street MATTITUCK: East Mill Road, Reeve Road, Grand Avenue, Wickham Avenue, Route 48, Westphalia Avenue, Cox Neck Road, Bergen Avenue, Sound Avenue Provided the applicant agrees to comply with all the conditions of the Southold Town Policy for Special Events on Town Properties and Road; failure to comply with conditions No. 5 and No. 6 will result in the forfeiture of the deposit. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. Approval is subject to the approval of the Town Attorney and approval from the town's Recreation Department for use at New Suffolk Beach. Failure to comply with all provisions and conditions will result in the revocation of the permit. ? Vate Recncd Resalufion RES 2Q13 579 ? Adopted........ ? Adopted as Amended Yes/Aye No/Nay Abstain Absent ? Defeated James Dinizio Jr ? ' ? ? ? ? Tabled William P. Ruland ' ? ' ? ? ? ? Withdrawn Jill Doherty ? ? ? ? ? Supervisor's Appt Southold Town Meeting Agenda -July 30, 2013 Page 28 ? Tax Receiver's Appt Christopher Talbot ' ? ' ? ? ? ? Rescinded Louisa P. Evans ? ? ? ' ? ? Town Clerk's Appt - ? Supt Hgwys Appt Scott A. Russell ' ? ' ? ? ? ? No Action 2013-580 CATEGORY.• Bid Acceptance DEPARTMENT: Solid Waste Management District Grinder "Hog Box" Repair Financial Impact: CBI is a "sole source"provider for this work. RESOLVED that the Town Board of the Town of Southold hereby amends resolution 2013-516 adopted at the July 2, 2013 meeting to read as follows: RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal of CBI to repair the "Hog Box" on the Solid Waste District's CBI 3000 Wood Waste Grinder at a cost not to exceed $43-F99, $59,862 plus transportation of the grinder to New Hampshire, as provided by CBI in their revised estimate of July 29, 2013, all in accordance with the Town Attorney. ? Vtite Record Resolution R&S 201J 580 '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 ~ 2013-581 CATEGORY.• Contracts, Lease & Agreements DEPARTMENT: Town Attorney Agreement GU/i~ehicle Tracking Solutions, LI,C Southold Town Meeting Agenda -July 30, 2013 Page 29 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Agreement between the Town of Southold and Vehicle Tracking Solutions, LLC regarding the Town's purchase of vehicle location equipment and monitoring services required to implement the vehicle tracking system in designated Town vehicles, all in accordance with their Proposal dated June 5, 2013, subject to the approval of the Town Attorney. ? Vtite Record Resolnftan R%S 2013-581 ? 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 2013-582 CATEGORY.• Budget Modification DEPARTMENT: Solid Waste Management District Grinder BudgetModification forAmended Repair Costs Financial Impact: Amended quote to replace wear plates and gussets, and extensive welding to top feed roller and housing; extraction of broken hammer bolts. ExpectMSWRemovalBne to be replenished by end of year. WHEREAS upon detailed inspection by CBI additional repairs to the wood waste grinder to those authorized under resolution # 2013-516 were found to be necessary and advisable, it is hereby RESOLVED that the Town Board of the Town of Southold modifies the 2013 Solid Waste Management District budget as follows to accomplish said repairs: From• SR 8160.4.400.805 (MSW Removal) $ 14,258 $ 14,258 To: SR 8160.4.400.665 (Repairs CBI Grinder) $ 14,258 $ 14,258 ?Fote Record '.Resolution RE52013-SST ? Adopted ' Yes/Aye ' No/Nay Abstain i Absent Southold Town Meeting Agenda -July 30, 2013 Page 30 ? 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 2013-583 CATEGORY.• Refund DEPARTMENT: Town Clerk Partial Refund Non-Resident Parking Permit Fee RESOLVED the Town Board of the Town of Southold hereby grants a partial refund of $125 for Non-Resident Seasonal Beach Parking Permit No. 0071 to Joe and Donna Trapani, 3 Shortway, Shoreham, NY 11786. Permit was purchased May 17, 2013 and returned by mail in June because Mr. Trapani sold his boat. ?Fote Record '.Resolution RE52013-SS3 ? 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 2013-584 CATEGORY.• Support/Non-Support Resolution DEPARTMENT: Town Clerk Support to Request Release of LGRMIF Grant Funds Southold Town Meeting Agenda -July 30, 2013 Page 31 WHEREAS, the New York State Local Government Records Management Improvement Fund ("LGRMIF") Grant Program was created in the late 1980's to receive monies collected by each county and to distribute grants for records management to local governments across our state. These funds have been dedicated by law to be used only to promote good records management practices. LGRMIF Grants are highly competitive: only $4.60 of every $10 requested was recommended for funding in the current cycle, and are overseen by the State Education Departments Archives unit. Grants are awarded for the July 1 -June 30 period typical of all New York State Education Department programs. The Town of Southold has been given to understand they have been recommended for a grant in the Geographical Information Systems category; AND WHEREAS, New York State has recognized the economic and social value of establishing dynamic records management programs at the local government level in the state as a way to assist local officials in improving the services to its citizens. The LGRMIF grants program has been instrumental in allowing local governments to operate more efficiently and in providing increased access to government information necessary for local officials to make wise decisions. The program continues to allow local governments to take a leadership role in how records and information are managed at the local government level in New York State. This has made the local government records management_programs in New York State role models for other local governments across the country; AND WHEREAS, it appears that our state government has not valued this program as highly as local governments have, in that the necessary Budget Division approvals of grants from this dedicated fund routinely languish for months past the date these projects are supposed to start. This year, for example, not a single one of the 236 recommended grants has been approved by Budget, though these grants were supposed to be effective on July 1, 2013. Local governments cannot permit any expenditures to be made under these projects until after the official notification has been received, and since the state has not allowed time extensions on these grants, all of the work to be performed will have to be compressed into the months remaining before June 30, 2014. In the grant cycles of the last two (2) years notifications did not come until the end of December which left only six (6) months to complete the projects rather than twelve (12) months. This situation creates an extreme hardship inwhich some local governments were forced to not accept the funding they worked so hard to secure; now therefore, be it RESOLVED that the Town of Southold hereby joins the 2361oca1 governments across New York State in requesting the support and assistance of the Governor's Office and the Members of the Legislature in the Assembly and Senate in securing Budget Division authorization to release our Local Government Records Improvement Fund (LGRMIF) grant and the others at the earliest date possible. Southold Town Meeting Agenda -July 30, 2013 Page 32 ?Fote Record '.liesolution RE52013-SS4 ? 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 2013-585 CATEGORY.• Contracts, Lease & Agreements DEPARTMENT: Town Attorney Grant ofDrainage Easement W/Rosemary J. Schneider RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Grant of Drainage Easement and all other necessary documents to effectuate same between Rosemary J. Schneider and the Town of Southold, subject to the approval of the Town Attorney. ? Vate Record liesolution RE$ 2013 SSS ? 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 2013-586 CATEGORY.• Contracts, Lease & Agreements DEPARTMENT: Town Attorney Grant of Drainage Easement W/Edward and Diane Daley Southold Town Meeting Agenda -July 30, 2013 Page 33 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Grant of Drainage Easement and all other necessary documents to effectuate same between Edward and Diane Daley and the Town of Southold, subject to the approval of the Town Attorney. ? vtite Record Resolution 12&S 201J 586 '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 2013-587 CATEGORY.• Local Law Public Hearing DEPARTMENT: Town Attorney 8/27/13 @ 7:31 PM LL/CR 48 Parking & Standing Limits WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 30u' day of July, 2013, a Local Law entitled "A Local Law in relation to Amendments to Chapter 260, Vehicles and Traffic, in connection with Parking and Standing on County Route 48 in Cutchogue" 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 27u' day of August, 2013 at 7:31 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 260, Vehicles and Traffic, in connection with Parking and Standing on County Route 48 in Cutchopue" reads as follows: LOCAL LAW NO. 2013 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 260, Vehicles and Traffic, in connection with Parking and Standing on County Route 48". BE IT ENACTED by the Town Board of the Town of Southold as follows: Southold Town Meeting Agenda -July 30, 2013 Page 34 L Purpose. Parking associated with County Route 48 in the hamlet of Cutchogue has resulted in conditions that impact the public health, safety and welfare in the surrounding community. The conditions consist of undue congestion, restrictions on access and maneuverability as well as dangerous traffic impacts. Accordingly, it is necessary to impose parking and standing limitations in this area to protect the residents and visitors of the Town and restrict the blocking of traffic flow and the orderly use of roads within the Town. Accordingly, Amendments to Chapter 260 are warranted. IL Chapter 260 of the Code of the Town of Southold is hereby amended as follows: § 260-15. Parking or standing prohibited during certain times. Name of Street Side During Location Months & Hours County Route 48 Both At all times In Cutchogue, along both sides of County Route 48 from the western corner of Depot Lane to the eastern corner of a private road known as Road B 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. ?Fote Record '.Resoluflon RE52013-SS7 ? Adopted Yes/Aye No/Nay Abstain Absent ? Adopted as Amended ? Defeated James Dinizio Jr ' ? ' ? ? ? ? Tabled William P. Ruland ~ ? ? ? ? ? Withdrawn Jill Doherty ' ? ' ? ? ? ? Supervisor's Appt ? Tax Receiver's Appt Christopher Talbot ' ? ' ? ? ? ? Rescinded Louisa P. Evans ~ ? ? ? ? ? Town Clerk's Appt Scott A. Russell ~ ? ? ? ? ? Supt HgH'ys Appt ~ ? No Action Southold Town Meeting Agenda -July 30, 2013 Page 35 2013-588 CATEGORY.• Legislation DEPARTMENT: Town Attorney LL/CR 48 Parking & Standing Limits 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 260, Vehicles and Traffic, in connection with Parking and Standing on County Route 48 in Cutchogue" to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations and reports. ? vtite Recoed Resolution R&S 201J 588 '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 ~ 2013-589 CATEGORY.• Planning DEPARTMENT: Town Attorney Maaratooka North, LLC ODA WHEREAS, on June 4, 2013 the Southold Town Planning Board granted Sketch Plat Approval on the map entitled "Maaratooka North, LLC Open Development Area" dated June 20, 2010 and last revised November 5, 2012 prepared by Nathan Taft Corwin, III, Land Surveyor, for a Conservation Subdivision pursuant to §240-26(A) of the Town Code; and WHEREAS, this proposed Open Development Area (ODA) will create a development area of 4.5 acres in a 22.5-acre parcel with the future potential to be subdivided into a maximum of 3 residential lots and one 18-acre protected farmland parcel in the A-C Zoning District; and Southold Town Meeting Agenda -July 30, 2013 Page 36 WHEREAS, the New York State Department of Agriculture and Markets is partially funding the Town of Southold's purchase of Development Rights Easement on the Filed Miscellaneous Map through grant Contract No. C800753; and WHEREAS, the New York State Department of Agriculture and Markets has conditioned the grant funding to restrict the future subdivision of the ODA to one lot not to exceed one acre in area, and further, that there shall be no subdivision of the property except for one lot that shall be located in the ODA. The lot shall not be greater than one acre and the design of the lot shall be subject to a formal subdivision approval of the Southold Town Planning Board; and WHEREAS, the New York State Department of Agriculture and Markets has further conditioned that the fee title ownership of the portion of the ODA that is not included in the permitted lot, shall not be separated from the Easement Area. The portion of the ODA that is not included in the permitted lot shall retain the right of two permitted or special exception uses, so long as those uses do not require further subdivision approval and subject to any additional Town approval required by Chapter 280 of the Town Code; and WHEREAS, the Town Board of the Town of Southold has received a petition from Maaratooka North, LLC to establish an ODA pursuant to Chapter 240 of the Town Code on property identified as part of SCTM # 1000-120-3-11.11 and located in the A-C Zoning District; and WHEREAS, on July 16, 2013, the Southold Town Board adopted a resolution accepting the petition as complete and setting the public hearing for July 30, 2013; and WHEREAS, on July 30, 2013, the Southold Town Board held and closed a public hearing on the proposed establishment of the ODArea, and WHEREAS, the Southold Town Board finds that the requirement for the establishment of an ODA pursuant to Southold Town Code Chapter 240, Article VIII, Open Development Area, have been met; and WHEREAS, the Southold Town Board declared Lead Agency status for the SEQRA review of this Unlisted Action; and WHEREAS, the Southold Town Board performed a coordinated review of this Unlisted Action pursuant to 6 NYCRR Part 617, Section 617.7 of the State Environmental Quality Review Act (SEQRA); now, therefore, be it RESOLVED that the Town Board of the Town of Southold, pursuant to SEQRA, hereby makes a determination ofnon-significance for the proposed action and grants a Negative Declaration; and be it further RESOLVED that the Town Board of the Town of Southold hereby grants approval for the establishment of an Open Development Area upon the map entitled "Maaratooka North, LLC Open Development Area" dated June 20, 2010 and last revised November 5, 2012, prepared by Nathan Taft Corwin, III, Land Surveyor, subject to the following condition: Southold Town Meeting Agenda -July 30, 2013 Page 37 The approval of the Open Development Area shall not be valid if the sale of the Development Rights to the Town is not completed and a copy of the recorded Deed of Development Rights is not submitted to the Town Board of the Town of Southold on or before one year from the date of this approval. ?Fote Record '.liesolution RE52013-SS9 ? 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 2013-590 CATEGORY.• Enact Local Law DEPARTMENT: Town Clerk Enact Local Law Amended Chapters 83 and 193 -Dogs in Recreation Areas 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 83, Animals, and Chapter 193, Parks and Recreation Areas, in connection with Control of Dogs or Domestic Animals throughout the Town" 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 30a' day of July, 2013, at 7:32 p.m. at which time all interested persons were given an opportunity to be heard, now therefor 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 83, Animals, and Chapter 193, Parks and Recreation Areas, in connection with Control of Dogs 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 Dogs or Domestic Animals throughout the Town". Southold Town Meeting Agenda -July 30, 2013 Page 38 BE IT ENACTED by the Town Board of the Town of Southold as follows: L Purpose. The purpose of these Amendments is to protect the health, safety and wellbeing of Town residents and guests using 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. IL 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 doggy or domestic animal(s) to: A. Run at large el~e~a.~ee other than upon the premises of the owner or custodian ...i,.,,,, ,,,.:a a,.,. „~.,.n w,. i,.,.,,~. :,.a w. i,.,.,,. , ~ . ,.r age, ~a~~..~*~ ,.r art, or ~~~1~-i~~ upon the premises of another person with the knowledge and consent of such person. ,....:,.i,. a,.,. a,.,.,, „~.,.n w,. a ....a~ :.a w..~ B. Run at large other than upon recreational areas subject to the provisions of § 193- 3.1. B.C. 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. G.D. Cause damage or destruction to property other than the property of the owner or person harboring such dog. D.E. 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 concerning dogs or domestic animals. A. Dog(s) or other domestic animal(s) are permitted on the following Town-owned recreation areas and subject to the following conditions: 1. 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. 2. 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. B. Dog(s) or other domestic animal(s) are not permitted on the following Town- ownedrecreation areas: 1. 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"; Southold Town Meeting Agenda -July 30, 2013 Page 39 2. 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 Beach, Southold Town Beach and any other bathing beach designated by the Town Board in a duly adopted resolution; 3. Land that is within 50 feet of any recreation area that is posted for protection of piping plovers and other endangered species. C. 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). D. 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. F. 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: A. Be present in any recreational area while under the influence of intoxicating liquor. D 1. ~H. 41. F.~.... 4 ~ A~~ nereitz shat-oe-eexstt~red-as-per~~==z=n=g=ne-t~t~s-a~g~= ,.a ~ F,..... F...:« ~ G.B Build or attempt to build a fire except in such areas and under such regulations as maybe designated by the Superintendent. D.C 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. E.D Disturb or interfere unreasonably with any person or party occupying any area or participating in an activity under the authority of a permit. F.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 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 Southold Town Meeting Agenda -July 30, 2013 Page 40 This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ? Vote Record Resolndon RES 201J 590 ? 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 VL PUBLIC HEARINGS 1. 7/30/13 PH @ 7:31 PM - Maaratooka ODA 2. 7/30/13 @ 7:32 PM LL/Dogs on Beaches