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Home My WebLink AboutTB-07/30/2013 ELIZABETH A. NEVILLE a~Fpt.r Town Hall, 53095 Main Road TOWN CLERK ~y~0 °OO= PO Box 1179 ? Southold, NY 11971 REGISTRAR OF VITAL STATISTICS o y~ Fax (631) 765-6145 MARRIAGE OFFICER ~a'o1 ,w yad' Telephone: (631) 765 - 1800 RECORDS MANAGEMENT OFFICER southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING July 30, 2013 7:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, July 30, 2013 at the Meeting Hall, Southold, NY. Call to Order 7:30 PM Meeting called to order on July 30, 2013 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Organization Title Status Arrived James Dinizio Jr Town of Southold Councilman Present William P. Ruland Town of Southold Councilman Present Jill Doherty Town of Southold Councilwoman Present Christopher Talbot Town of Southold Councilman Present Louisa P. Evans Town of Southold Justice Present Scott A. Russell Town of Southold Supervisor Present Elizabeth A. Neville Town of Southold Town Clerk Present Martin D. Finne an Town of Southold Town Attorney Present I. Reports 1. North Fork Animal Welfare League 2. Recreation Department 3. Land Tracking Report 4. Department of Public Works Monthly Report 5. Town Clerk Reports II. Public Notices 1. Suffolk County Public Hearing 8/30/13 @ 2:30 PM at Wm. H. Rogers Leg. Bldg., Hauppauge July 30, 2013 Page 2 Southold Town Board Board Meeting III. Communications IV. Discussion 1. 9:20 Am -Michael Collins, Jamie Richter 2. 9:45 Am -Michael Collins, Jamie Richter, Peter Harris 3. 9:00 Am -Phillip Beltz, Heather Lanza, Mark Terry, Jim Rich 4. 10:00 Am -Mike Verity, Peter Harris 5. 10:30 Am -John Sepenoski, Sarah Cote 6. 11:00 Am -Trustees Jim King, Michael Domino 7. LL/Amendments to Chapters 83 and 193, Dogs on Beaches 8. Historic Preservation of Main Road 9. Maaratooka North, LLC ODA 10. LL Parking and Standing on CR 48 in Cutchogue 11. EXECUTIVE SESSION -Litigation 12. EXECUTIVE SESSION -Labor 13. Motion To: Motion to Enter Executive RESOLVED that the Town Board of the Town of Southold hereby Enter into Executive Session at 11:57AM for the purpose of discussing the following matters: 1) Labor The employment history and performance of a particular person or persons and matters leading to the appointment, employment, promotion, discipline, suspension, dismissal or removal of a particular person or persons; (2) Lineation: Attorney/Client Strategy discussions regarding proposed, pending or current litigation. Nocro, Ltd. And Heritage at Cutchogue, LLC v. Town of Southold RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Talbot, F,vans, Russell July 30, 2013 Page 3 Southold Town Board Board Meeting 14. Motion To: Motion to Exit Executive RESOLVED that the Town Board of the Town of Southold hereby Exit/Recess from this Executive Session at 1:21 PM. RESULT: ADOPTED [UNANIMOUS) MOVER: Christopher Talbot, Councilman SECONDER: Louisa P. Evans, Justice AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell 15. Resolution No. 585 placed on agenda as a result of Executive Session 16. Motion To: Recess 9:00 AM meeting RESOLVED that the Town Board of the Town of Southold hereby Recess this 9:00 AM meeting of the Town Board until the Regulaz 7:30PM Meeting of the Southold Town Board. RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER: Louisa P. Evans, Justice AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell Opening Comments Supervisor Russell SUPERVISOR RUSSELL: Please rise and join in the Pledge of Allegiance. Thank you. Before you sit, I am going to ask everybody to please remain standing for a moment of silence for Jeffrey Haber. Jeffrey Haber was Executive Director for the Association of Towns of the State of New York for over 30 years. He was a very good friend of Southold Town. Thank you. At this time I would invite anybody that would like to speak on any of the agenda items to please feel free and speak at this time. Yes. Sal DiLiberto, Secy & Dir L.I. Wine Council SAL DILIBERTO: I am Sal Diliberto. I am secretary and director of the Long Island Wine Council. Steve Bate, our executive director, Ron Goerler, Jim Waters as well as Joe Gergela from the Long Island Farm Bureau were in Albany today and unable to make this meeting. They expressed to me in a phone call their disappointment to learn that this matter, the matter being the special events legislation, is to be voted on this evening. at the public heazing that was h eld on this matter, there was a great deal of concern that was raised not only by our industry but also by other members of the farming community as well as other businesses in the Town of Southold. At the end of that meeting, Mr. Supervisor, you advised that this matter was being tabled. We had assumed, perhaps wrongly, that this Board intended to review the proposed legislation and perhaps modify it based upon the concerns expressed by the citizens at that meeting. Apparently, there was no need to adopt any suggested changes. Once again, we want to express that at a time when businesses are still suffering from the effects of the economic misfortunes of the past several years, the Town of Southold has chosen to burden the small businessman with more time consuming permit applications and fees and to threaten them with unduly burdensome fines and penalties. The economist Pearl Kramer has often stated that the July 30, 2013 Page 4 Southold Town Board Board Meeting Long Island wine industry is a key component in the economic engine that drives the east end of Long Island. And if anything, I think if the Town of Southold as well as any other town on the east end of Long Island should be doing things to benefit that industry, to increase the ability of that industry to function in today's difficult economic times. There are sections, as you know, in the past we have repeatedly asked this Town to make modifications, most specifically I just want to refer to those sections that are, we considered to be unduly burdensome. As an industry, we and our members are licensed by the New York State liquor authority and any possibility of having a misdemeanor as a penalty could make it very difficult if not impossible for us to renew our licenses and to put at risk the businesses that we have spent a very long time and a great deal of money to build. In addition to that, there is specific items in the penalties for offenses which state that if an individual or a winery for example, is a defendant in an action by the town, accused of having violated this law, just accused, they will no longer be able to obtain a permit. Whether they are guilty or not doesn't seem to make any difference. The mere accusation is enough to take away from them the rights that they should have to have these types of events that the legislation authorizes. And we find those to be tremendously burdensome and express our tremendous disappointment with the town in their unwillingness to not only tablet this for a longer period of time until they had passed the permitted uses legislation as we had previously discussed at the public hearing this matter but not to adopt all of the suggestions that were made by our industry and by other individuals as well. Thank you. Prudence Hestor, Salt Aire Farms PRUDENCE HESTON: I am Prudence Heston from Salt Air Farm in Cutchogue and the last time I stood up here was for the public hearing to address you about chapter 205 zoning that you were just talking about here and you know, I was worried when I heard this was coming up so quickly for a vote tonight and I put in a lot of phone calls here today to see what was going on and I really appreciated the phone calls that I got back from Town Hall with regards to that and the fact that it is my understanding that while you are looking to pass chapter 205 tonight, it is not the intent of leaving the farms out and that in fact you are thinking that you would like to absorb all of agriculture under chapter 280 and I am hoping that that really is your intent here and I am okay with the other being passed. If you are looking to go ahead and pull all of that together under you know, one umbrella so that you have got all agriculture together. So do I have any assurances that you are going to be looking at that? SUPERVISOR RUSSELL: I am going to ask the attorney for clarification but if I am not mistaken, the adoption of this law tonight permits Prudence to have special events at her agricultural operation tomorrow, if I am not mistaken. But it is a permit process. TOWN ATTORNEY FINNEGAN: It doesn't prevent you from having weddings pursuant to the permit process. Nothing in here that speaks to that use, or that prohibits that use on your property if you go through the process. MS. HESTON: Okay. And then.... SUPERVISOR RUSSELL: 280 is the discussion we will be having next which will be identifying the uses that would be allowed at wineries. I had raised in the past the issue of while we are undertaking some revisions to 280, bring more clarity to 280 so that it is understood that July 30, 2013 Page 5 Southold Town Board Board Meeting special events should be a marketing component of any agricultural operation not just wineries. It would seem perfectly appropriate to make sure that everybody in the industry is treated equally. Those are the types of things we would hopefully undertake with 280. But the adoption of this legislation tonight actually permits you to have special events. The current code, the current law of the land that was adopted in 1994 does not, so we need to move forward on this to permit you to allow to have special events. It does not mean that it is not going to be a regulated industry. Mr. Dilberto, I wanted to comment, I feel bad that you aze commenting on behalf of other people who are not here and I feel like they aze at a disadvantage but all this does is codify the process that is already in place for the special events permit applications for the most part. MS. HESTON: And how would this work, just to help me figure out this for the rest of this year, would I have to immediately starting tomorrow come in and apply for events that are already you know, scheduled for this year or.... TOWN ATTORNEY FINNEGAN: Yes, you should, to come into compliance I think you would. Keep in mind, the law becomes effective upon filing with the secretary of state. It is not immediately upon adoption by the Town Board, so there will be some, over the next week or so before it actually becomes effective. But, yes, I would suggest that you do. COUNCILMAN TALBOT: Not that you aze guazanteed to get a permit. Just this week we got forwarded to the Board some complaints regarding your place over there on New Suffolk Road from one of your alleged neighbors. Didn't say exactly who it was but complaints about the weddings you are having over there, the noise that you are making with the bands, the music and such so maybe those permits azen't issued to you. MS. HESTON: And just to clarify, I did hear about that complaint and it was for a party that followed an event that we had that ended at 6:00 PM on our farm and the neighbor directly across the street threw a party at his place that evening and it had nothing to do with us and the police were called and that wasn't us. COUNCILMAN TALBOT: My thing personally, I think it was a neighbor complaint because they called it New Suffolk Avenue and if you lived on the road you wouldn't call it New Suffolk Avenue there. MS. HESTON: Yes. COUNCILMAN TALBOT: But I think we are heading down a slippery slope with this, I am not in support of this law as we go forward with it. I would hold it up afrer the discussion we had at the last public hearing, give more people to have a chance to speak on this. I thought they had a good letter we got from the North Fork Environmental Council touching on a few things. I do think there were some changes that were made or that need to be made and that it possibly should go back for public notice again before you adopt this law. So see what happens in a couple of resolutions but I agree, I am not in support of this. MS. HESTON: Okay, thank you. July 30, 2013 Page 6 Southold Town Board Board Meeting SUPERVISOR RUSSELL: Who else would like to address the Town Board on any of the other resolutions? Supervisor Russell UNIDENTIFIED: Inaudible. SUPERVISOR RUSSELL: That is scheduled for a public heazing, so what we will do Dan, is we will hold off your comments for the public heazing portion for that law. Any other comments? Chris? Chris Baiz, Southold CHRIS BAIZ: Good evening everyone. My name is Chris Baiz, live here in Southold. Just going back to the public heazing two weeks ago on 205, what was discussed then and some of the recommendations especially from Steven Bate and a few others in terms of language, do we know whether those have gotten into what's in today's piece of paper or what has happened to those suggestions. I mean it was simply like words rather than may, the word shall was recommended. Do we know whether any of that? It is not there. TOWN ATTORNEY FINNEGAN: I can tell you all of the comments were considered by the Town Board and there is one amendment that is being made to the penalty clause. MR. BAIZ: I would like to say this, I think we have come a very long way on this particular piece of legislation and I think we have come a long way with a great deal of transparency and I'd just like to see the one more code meeting, code committee meeting which I believe is later this week just to you know, reconcile two weeks ago with what is on the paper today and then you know, you have got August 13`h that this could then be then taken care of and voted on because I think everybody is so close on this but suddenly to say, okay,we are coming up for enactment tonight when we haven't had that code committee meeting that sort of updates everybody from the last public hearing. It is just, you know, the transparency has been great and I think the efforts of the community and the Town Board have been excellent, let's drive it forward so that it remains that way. SUPERVISOR RUSSELL: I am trying to bite my tongue but I have to be candid. We have included comments that you have made, this is a process that is a few years in making. It hasn't come up suddenly. MR. BAIZ: Everything is. Yes. SUPERVISOR RUSSELL: This law was noticed six weeks ago at least, we have done everything that you have asked, we have included many of your suggestions, you asked us to work with the State Department of Agriculture and Markets, we did that. Many of the recommendations that are on this paper are recommendations made by them. They support this legislation. We bent over backwards to include you in the discussions every step of the way and we will do that as we undertake 280 which will certainly have a substantial, what I think positive impacts for the winery and agricultural industry out here. July 30, 2013 Page 7 Southold Town Board Board Meeting MR, BAIZ: Yes. I mean, we are so close and I really, personally, felt that this was all right on track but I mean, I started getting phone calls early this morning from all over the place and you know, people were saying how do we know that this reconciles with what went down in the public hearing two weeks ago and we haven't had a chance etc and I think you know, you have just got to go that far and we are done. But there was a great deal of anxiety out there that all of a sudden here we were for enactment tonight, not knowing whether the discussion points of two weeks ago at the public hearing were included. That is all. And it's your decision what you all want to do but I think we are so close and I think there has been a real coming together of the minds of all in this transaction over the last 36 to 48 months and you know, it would be nice that we all crossed the finish line together, in accord. Thanks. Supervisor Russell SUPERVISOR RUSSELL: Would anybody else like to address the town board on any of the resolutions? (No response) 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. ? Vote Record -Resolution RES-2013-559 ~ Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Voter 8 ? ? ? ? Withdrawn ? Supervisor's Appt William P. Ruland Voter ? ? ~ ? ? Tax Receiver's Appt Jdl Doherty Voter D ? ? ? ? Rescinded Christopher Talbo[ Seconder 0 ? ? ? ? Town Clerk's Appt Louisa P. Evans Mover ~ ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter D ? ? ? ? No Action ? Lost 2013-560 CATEGORY: Set Meeting DEPARTMENT: Town Clerk July 30, 2013 Page 8 Southold Town Board Board Meeting Sel Fishers Island Meeting RESOLVED that the next Town Board Meeting of the Southold Town Board be held, Wednesday, August 7, 2013 at Fishers Island, New York at 1:30 P.M.. ~ Vote Record -Resolution RES2013-560 D Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Voter ~ ? ? ? ? Withdrawn William P. Ruland Voter D ? ' ? ? ? Supervisor's Appt ? Tax Receiver's Appt hll Doherty Voter 8 ? ? ? ? Rescinded Christopher Talbot .Seconder 0 ? ? ? ? Town Clerk's Appt Louisa P. Evans Mover 0 ? ? ? ? Supt Hgwys Appt Scot[ A. Russell Voter D ? ? ? ? No Action ? Los[ 2013-561 CATEGORY.• Set Meeting DEPARTMENT: Town Clerk Set Next Regular Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesda , Au ust 13, 2013 at the Southold Town Hall, Southold, New York at 4:30 P.M.. ~ Vote Record -Resolution RES-2013-561 8 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Voter 0 ? ? ? ? Withdrawn William P. Ruland .Voter D ? ? ? ? Supervisor's Appt ? Tax Receiver's App[ Jdl Doherty Votcr D ? ? ? ? Rescinded Christopher Talbot Seconder ~ ' ? ? ? ? Town Clerk's Appt Louisa P. Evans Mover ~ ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter D ? ? ? ? No Action ? Lost 2013-591 CATF_GORY.• Enact Local Law July 30, 2013 Page 9 Southold Town Board Board Meeting DEP.tRT;YIENT: Town Clerk Enact Local Law No. -Amendments [o 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 18th 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 Boazd 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.4 of 2013 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 205, Public Entertainment and Special Events". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 205 of the Code of the Town of Southold is hereby amended as follows: T hl' ..,7 ,...,..7 ..«.70« ....,1 r,... a o..r r......, lr....,.~ n ...hlnb rh.. h ,.,1 : ,.«,1......o ..:rh rh.. « o..r....er f ..rh hol....,~ /1 \ A II ..o«r.. ...o,l lo..ne.7 ....t«..lio.7 h., rh , w..v.. v . ..J ~-o ,sm-n¢'szxr6-rcxvrc-cl'xaxr~o~'c`r:,oix~ix-isii°c-Fxumia.°., .'~.~..°.:::.'~.:L.e Y~l.l:n n ...]wMe~ ,l L h ,7 r.. t:,.« C «..1.:« „ , ~r~ :~~..,...r .l .J r:,. h 1.7 r:...,. 1 bn 1,,.7:.... h..? «..r °crtxv~lr-a'vnc°-xxznc-vi~a".n'oaia. ao , nc........b j' a 1 F ' M ,...r,J,.,... ..h,....~ «...1,... ....1 L.. h h' •?I «,.,.o..`,. «..h: h:r,.,l rl.e T....,....F C'....rh..l.7 «.lo~ ha..:.. 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F 1, 1...,.... .,FTAo...,.«:„1 il,,.. ..«i4. i,.l.~r ll.... ~c~-v4mc°c-vi-rrcmvrxarnv7 » ..J. iF L. la .a.J.. o e«+ F .,4 .,,1,:..1, rt.o o nro.1_.,aa.,«,1., e e oe.l.. 1, ~~aF 1`c_pizmi e ..F 41... 1,..:1a: 41.0 0 ~+..1.+„ 1 F 1, 7 rt 1],. «.1 ,.F A « ..1.. A « «I: r:.. ..Noll l.o ~ va l.. F F @G/1 T o 1... ..1 ~41.e F I1,....:«.. F,,..r..«...« l,e n ~:ao«~ e / 1 \ A I1 1 L. FC o+ «.l 4«.,FF... «+«..I ..r he ,:.loA 1.., al.,, e C 7 ~ - - C~\ A 11 F ...1 ..a ti,e „to o.l o.l v.;~...•+.. /n\ c F inn o ,.«le «e o «nr:n« nF~ ~«wF::~ ,.,.«tr~l I„« i....... i . A 11 1, 1,1' :,1.:,.1. v e _ ~4 _44vA o ^«.70« rAo Cn..rl.ol,l T,...,.. /~..Ae D 1 F t'F A« ,.CF a ~a al.,, « ..Frt.: nl..,«ro o6o1Ln ..+:4..te. ~b~ r« r I F 1.' ti, «,l ..1...11 ti,e :..1...1.10 1...., F:«o ..F «..r drL...« N7 Gull July 30, 2013 Page 11 Southold Town Board Board Meeting 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 properlyprovide for the health, safety and welfaze of the eg neral public and to provide penalties for violations of the provisions herein. &205-2. DeFnitions. PARKING CAPACITY -for the purposes of this Chapter, parking capacity shall be the number of cazs, 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 pazking azea to accommodate all vehicles transporting attendees to the event that is lazger 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, pazades, walks, runs, mazathons, 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; The use of amplified sound exceeding the standards set forth in Chapter 180 of the Town Code. 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 primaril~gredients 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 highway. (7) The placement of portable toilets. (8) The placement of temporary no-parking or directional signs or banners. The use of any Town services that would not be necessary in the absence of such an event. July 30, 2013 Page 12 Southold Town Board Board Meeting &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 Boazd 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) Anv event held on property owned by any special district that is contained on site and has adequate parking, in reg ss, egress, traffic control and sanitary facilities to host such an event; (2) Anv event held on property owned by a not-for profit for its own fundraising that is contained on site and has adequate parking, ineress, 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 weddines 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 recurrine event or a series of similar events knot 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. July 30, 2013 Page 13 Southold Town Board Board Meeting (2) The address of the event location. (3) Proposed dates and hours of the special event, includin sg et-up and shutdown times. (4) Expected maximum number of persons intended to use the propertv 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 propertv at one 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 cellulaz 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 propertv 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 dig rg am depicting the easement area and any reserved azea 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 dollazs 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 aze submitted less than sixty (60) da~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 and (2) Names of groups, organizations, charities or individuals who shall benefit from the proceeds of the event. D. A parking/eventplan showing {1) The size of the property and its location in relation to abutting streets or highway (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 temporazily for the event. The location of the stage or tents, if any. July 30, 2013 Page 14 Southold Town Board Board Meeting (4) The designated areas of use for spectators, exhibitors, vendors, employees and or¢anizers. (5) Location of all exits. (6) The location of all fire extin¢uishers and other fire safety equipment. (7) The location of all temporazy utilities to be installed for the event, if anv. (8) The layout of anv parking area for automobiles and other vehicles and the means of ingress and eeress for such parking areas. The parking spaces must allow for 300 sq. fr. per caz. (9) A traffic control plan for vehicles enterine 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 anv and the type and location of speakers and other audio eauipment. (11) A description of emergency access and facilities related to the event. (12) Provisions to dispose of anv Qazbage, trash, rubbish or other refuse. (13) Location and description of anv additional lighting to be utilized in conjunction with the event. (14) Location of sanitazy facilities on site. E. A description of anv signa¢e to be dis laved adiacent to a Town, County or State road, includins 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 (bv extension of the lot lines through a street or ri t-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 Chaimerson 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 July 30, 2013 Page 15 Southold Town Board Board Meeting 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 Buildine 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 Chaimerson of the Zoning Board of Appeals shall consider the followine: (1) The size and capacity of the site to accommodate the proposed event. (2) The facilities available. (3) The availability of hiphway 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 eg neral. (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 propertv 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 propertv at which the event will be held or anv outstanding or unsatisfied conditions of a Town aeencv approval, including, but not limited to, those of the Planning Board or the Zonine Board of Appeals. (11) Verification that the Brant of the permit will not violate anv existing covenants or easements on the propertv. (12) Whether a permit has been eranted 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),(71 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 p?an review. (]4) 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 July 30, 2013 Page 16 Southold Town Board Board Meeting application. (15) Anv 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 of the Town upon request. I. Applications for tent permits required for any event must be submitted directly to the Building Departrnent. 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 Boazd for reconsideration of the application big 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 exceedine 1,000 attendees. A. Anv 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 maiority of the Town Board following the submission of an application to the Town Clerk sixty (60) da~prior to the proposed event. In reviewing~plications 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, pazking, 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 July 30, 2013 Page 17 Southold "Town Board Board Meeting incompatible with its character or with that of the surroundine 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 yeazs. (6) Adherence to the Town Boazd policy of discouraging events at Town beaches and parks from the Friday before the observance of Memorial Day until Labor Dav. (7) If two or more events with an expected attendance of more than 1,000 people aze 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 Boazd shall deny one or more permits if the impacts of the events cannot be mitieated. When deciding which event to deny. the Town Boazd shall consider the followine: (i) Whether the event is recumne. (ii) Whether the site has been subiect to a violation within the last three years. (iii) The date the permit application was submitted. (iv) If events occun•ed the prior calendar year, the Chairperson of the Zoning Boazd of Appeals shall consider what their impact was on that azea of the Town. (v) Whether the event will yield a donation to one or more local charities. B. For an_y 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 or ag nizing the event and who can be contacted prior to and during the event by Town officials. (ii) The proposed event location and type of event. (iii) Proposed dates and hours of the special event, includin sa et-up and shutdown times. (iv) Expected maximum number of persons intended to use the property at one time and collectively, including_orQanizers, 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 July 30, 2013 Page 18 Southold Town Board Board Meeting direct costs attributable to additional police, highway and clean up costs associated with the event. After the event, the deposit will be used to cover such costs and anv monies remainine will be returned to the applicant. (6) Any additional information required by the Town Clerk. C For anv 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 (bv extension of the lot lines through a street or ri¢ht-of- way) of the property that is the subiect 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 anv of the fore oing application requirements upon a finding that said requirements are not necessazv for proper consideration of a permit application or for the protection of health. safety and welfare. The Town Boazd 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 Chairnerson of the Zoning Board of Appeals or Town Board determine that anv of the representations and/or statements contained in the application are materially inaccurate or anv 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 absolutel~r upon conditions. $205-9. Penalties for offenses. A. It shall be unlawful for anv owner occupant or their agents or anv 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 July 30, 2013 Page 19 Southold 7~own Board Board Meeting or the Southold Police Department, or to conduct anv 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 anv of the provisions of this Chapter or failure to comply with a written notice, directive or order of anv Director of Code Enforcement, Zonine Inspector or the Southold Police Department within the time fixed for compliance therewith, the owner, occupant or their aeents or anv other person who commits, takes par[ or assists in the commission of anv 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 followine: (1) Failure to obtain a permit. Anyperson conducting a special event that is reeulated under this Chapter without first obtaining a permit accordine 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. Anv person failin tg o 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 uilty 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 anyproperty owner, occupant or their a>?ent 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 iniunction the violation of this Chanter. II. 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. Vo[e Record -Resolution RES-2013-591 ? Adopted Yes/Aye No/Nay Abstain Absent ? Adopted as Amended James Dinizio Jr Mover D ? ? ? ? Defeated William P. Ruland 'Voter D ? ? ? ? Tabled Jill Doherty .Voter ? 8 ? ? ? Withdrawn Christopher Talbot Seconder D ? ? ? ? Supervisor's Appt Louisa P. Evans Voter ? 8 ? ? ? Tax Receiver s Appt Scutt A. Russell Voter ~ ? ? ? July 30, 2013 Page 20 Southold Town Board Board Meeting ? Rescinded _ ?Town Clerk's Appt ? Supt Hgwys Appt ? No Action 8 Lost This motion was decalred LOST. 2013-558 Tabled 7/16/2013 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 18th day of June, 2013, a Local Law entitled "A Local Law in relation to Amendments to Chanter 205, Public Entertainment and Special Events" and WHEREAS, the Town Boazd 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 heazd, 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 Chanter 205, Public Entertainment and Special Events" that reads as follows: LOCAL LAW NO.4 of 2013 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 205, Public Entertainment and Special Events". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 205 of the Code of the Town of Southold is hereby amended as follows: ~~85 1_ F~ertnin PrltPrtnl^^`_^a .._^a..:_k_~l. a ,r__.____._y.._. F n°...:.,° „ :^t ° °..,c-= hill t,° ...,.t,:ti,:.°a :...t, ~r a c to t --a -r-- - r-~-°~-•-° rte.,...., nht..._..,.'t. ni-is^.,.,.'.'t..^....... .:.~::.1;° ..,cr C t, t. t ".,y:: , .b ; :v jam: ______'S, 'vx yr r'vluvo ut aix &axiua83on or xxxv xcacxvnzcc,-a apx~novxam}7vr July 30, 2013 Page 21 Southold Town Board Board Meeting limiYe,l .°I~ w.«,. >_u~uu_„ r::..a.~~,~ Jhr..,n » «rarr rn. «ral.r„n r« 1.: n.,nl° «rl.: l.:tn,ia.~'~» tl.° Tr...» F C 1. 1,1 1 aaauauxc ..J a. ..a u,.aav u~ uaaaco~-a ~o~,:h : rl.tn:»°,l r«,Jn..rn ...:.1..1.° F ti 1, Ir Y ..,y„ a....a.,aa.., a.,a ~a wxx„r i~\ n,..,lrr« ° F « »«nr.. 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[erxrexeS-xiav$cve avivev i l~F .1 r l.e a,.«..,1 .7 A FF ~ao C voa-ixxriS[vo-cncrca-exixa-InePBzcu-vrr~ixrr. 1; All ..al,e« ....1.1:,.....r;..: r: e...,.1.;..1, a •rae.7 .7e« al.., C,...a1...1.i T . i .............u v xxccsvv uxcxx aic ivy[-c[=Porixxisxc¢-Li$°c~x¢cr[nc ~l,..ll « o aL.,... ,,.1 ..F al.e 7,...:.... D....«A ..F A«.,e..l.. ,may:: ,.l..a: ,.....C aL.:.. ,,1,,.«re« ..1...11 1........,:..l...l.le 1...., F...o ,.F..,.a al. 27 Gnn ____r r..___.,___..__ ..J » ARTICLE I GENERAL PROVISIONS &205-1. Purpose It is the intent of this Chapter to establish procedures and requirements for conducting special events in the Town of Southold to preserve the public peace, good order, the integrity of the use regulations established under the Zoning Code, to properly provide for the health, safety and welfare of the general public and to provide penalties for violations of the provisions herein. &205-2. 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 Plannine Boazd. SPECIAL EVENT - Anv temporary gathering, demonstration, performance exhibition amusement or activity that is not currently a permitted use of the property in the applicable Zonin¢ District or which requires a pazking area to accommodate all vehicles transporting attendees to the event that is lazger than the existing larking capacity of the site that is conducted or sponsored b~person organization entity or association including but not limited to carnivals, circuses, fairs, bazaazs, 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 Chanter 180 of the Town Code. (4) The sale of merchandise that is not ordinarily sold in the normal course of the Applicant's business. _ _ July 30, 20] 3 Page 23 Southold Town Board Board Meeting (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 primazily 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 customazily compliment wine tastings and that are ordinarily consumed while standing or walkin¢ and without the need for utensils. The substantial increase or disruption of the normal flow of traffic on anv street or highway. (7) The placement of portable toilets. X81 The placement of temporaryparking or directional signs or banners. (9) The use of anv Town services that would not be necessary in the absence of such an event. &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 propertv with an expected attendance exceedine 1,000 attendees or special events on Town propertv shall obtain the approval of the Town Board as set forth in Article III of this Chanter. B. The provisions of this Chanter shall not apply to: (1) Any event held on propertv 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 propertv owned by a not-for profit for its own fundraising that is contained on site and has adequate parking ingress egress traffic control and sanitary facilities to host such an event; (3) Occasional events on private residential properties hosted by the owner thereof to celebrate family events holidays chazitable or other not-for-profit fundraisers however, any use of residential propertv for profit such as a venue for weddings or other events is prohibited. ARTICLE II SPECIAL EVENTS REQUIRING CHAIRPERSON OF THE July 30, 2013 Page 24 Southold Town Board Board Meeting ZONING BOARD OF APPEALS' APPROVAL &205-4. Aaplication Requirements. The following information and materials are to be submitted with an application for a special event permit. The Zonine Board of Appeals office may accent a sinele application for a recumne event or a series of similar events (not to exceed 6 in a 3-month period) that are of like size and scone. A. A completed Special Event Application Form which includes the followine information: (1) Name, address and telephone number(s) of the person(s) who will be or anizine 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 at one time and collectively. The name, address and telephone number of the person(s) who will be eng~ed 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 subiect to any covenant or restriction limitine its use, or if the use is restricted by easement or otherwise, a copy of a survey or diaeram depicting the easement area and any reserved area where development rights aze 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 dollazs 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 tol 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. July 30, 2013 Page 25 Southold Town Board Board Meeting 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 chazged, if anv. (2) Names of groups, organizations, charities or individuals who shall benefit from the proceeds of the event. D. A pazking/event plan showing (I) The size of the propertv and its location in relation to abutting streets or hi wa s. (2) The size and location of anv existing building(s) or stmcture(sl that will be in operation during the course of the event and anyproposed building, structure or sins to be erected temporarily for the event. (3) The location of the stage or tents, if anY (4) The designated azeas of use for spectators, exhibitors, vendors, employees and oreanizers. (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 anv. (8) The layout of anyparking area for automobiles and other vehicles and the means of ingress and egress for such parking areas. The parking spaces must allow for 300 sq. ft. per car. (9) A traffic control plan for vehicles entering and leaving the site for the proposed event. (10) Plan for the use of live outdoor music, loudspeakers and other sounds which will be used, if anv. and the type and location of speakers and other audio equipment. (11) A description of emergency access and facilities related to the event. X12) Provisions to dispose of anv garbage, trash, rubbish or other refuse. (13) Location and description of anv additional lighting to be utilized in conjunction with the event. (14) Location of sanitary facilities on site. E. A description of anv signage to be displayed adjacent to a Town, County or State road, including size, location and dates of display. F. The Chairnerson may require the applicant to send and provide certification that written notice was sent to every propertv 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 (bv extension of the lot lines through a street or right-of-wayl of the property that is the subiect 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 Boazd 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 necessaryproper July 30, 2013 Page 26 Southold Town Board Board Meeting consideration of a permit application in accordance with the standards set forth in Section 205-5(E)(1 i=<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 Brant or denial. If a waiver is granted, the Chairoerson may attach appropriate conditions to protect the public interest. ~5-5. Application review procedure and standards. A. All applications for a special event permit must be submitted at least sixty (60) da~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 Chairoerson 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 Departrnent, the Building Department, the Land Preservation Department, the Code Enforcement Department, Fire Safety Inspector, Assessors and Town Attorney C. Upon receipt of comments, the Chairoerson 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 Zonine 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. (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 providin 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 eg Hera]. (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. July 30, 2013 Page 27 Southold Town Board Board Meeting (10) Verification that there are no outstanding violations on the property at which the event will be held or anv outstanding or unsatisfied conditions of a Town aeency approval, includine, but not limited to, those of the Planning Boazd or the Zoning Boazd of Appeals. ~ 11) Verification that the Brant of the permit will not violate anv 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 subpazagraphs (4L), [6),(7) and (8) above. (13) Whether the freauency of prior or proposed special events on the site constitutes a change or intensification of the permitted use of the property necessitating a use vaziance or further site plan review. (14) If an applicant is reguestine a special event permit that was held the previous year, the verification must be submitted from those charities listed on the previous application. (15) Anv 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 hiehway 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 durine the special event and shall be available for inspection by a police officer or other enforcement officer of the Town upon request. I. Applications for tent permits required for any event must be submitted directly to the Buildine Department. 205-6. Appeal from denial of a special event permit. An applicant who is denied a permit by the Chaimerson of the Zonine Boazd of Appeals may apply to the Town Boazd for reconsideration of the application b fig 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 Zonine Board of Appeals shall accompany the request for reconsideration The Town Board may, followine a public heazine, affirm or reverse the determination of the Chairperson subject to anv conditions deemed appropriate under the circumstances. ARTICLE III SPECIAL EVENTS REQUIRING TOWN BOARD APPROVAL July 30, 2013 Page 28 Southold Town Board Board Meeting 205-7. Events held on Town lands or events exceeding 1,000 attendees. A Any event held on propertv 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) dates prior to the proposed event. In reviewin¢ 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 propertv incompatible with its chazacter or with that of the surrounding azea. (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 yeazs. (6) Adherence to the Town Board policy of discouraging events at Town beaches and parks from the Friday before the observance of Memorial Dav until Labor Dav. (7) If two or more events with an expected attendance of more than 1,000 people aze scheduled for the same date and aze within a half mile radius of each other, the Town Board will determine if there aze adequate resources for the events. If there are not sufficient resources to ensure public health and safety, the Town Boazd shall deny one or more permits if the impacts of the events cannot be miti ag ted. When decidina_ which event to deny, the Town Board shall consider the following: (i) Whether the event is recurring. ii) Whether the site has been subiect to a violation within the last three years. (iii) The date the permit application was submitted. (iv) If events occurred the prior calendar yeaz, the Chairperson of the Zoning Board of Appeals shall consider what their impact was on that azea of the Town. (v) Whether the event will yield a donation to one or more local charities. B. For an~special event that is to be held on land owned leased or controlled by the Town of Southold the application shall include the following: (1) A completed Special Event Application Form which contains the following information: (i) Name mailing address e-mail address and telephone number(s) of the person(s) who will be organizing the event and who can be contacted prior to and during the event by Town officials. (ii) The proposed event location and type of event. (iii) Proposed dates and hours of the special event, includin sg et-up and July 30, 2013 Page 29 Southold Town Board Board Meeting shutdown times. (iv) Expected maximum number of persons intended to use the propertv at one time and collectively, includin¢ organizers, employees, vendors, exhibitors and spectators/participants. (v) If there aze 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, hiehwav and clean up costs associated with the event. After the event, the deposit will be used to cover such costs and any monies remaining will be returned to the applicant. (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 propertv 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 (bv extension of the lot lines through a street or right-of- way) of the propertv 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 aze not necessary for proper consideration of a permit application or for the protection of health, safety and welfare. The Town Board resolution shall ~ecify 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 5205-8. Modification or rescission of permit. July 30, 2013 Page 30 Southold Town Board Board Meeting If after a permit is issued, the Chairperson of the "Coning Board of Appeals or Town Board determine that anv of the representations and/or statements contained in the application are materially inaccurate or anv 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 Boazd 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 anv 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 anv 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 anv other person who commits, takes part or assists in the commission of anv 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 accordin tg o 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 failin tg o comply with the terms of a permit shall be subiect to a fine of not less than $500.00 and not more than $1,500.00. (3) For each subsequent offense of 5205-9(B)(1) or (2), violators shall be uilty of a misdemeanor and/or subiect to a fine of not less than $500.00 nor more than $5,000.00. C. No new special event permits will be issued to anv property owner, occupant or their agent if they aze 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 iurisdiction to compel compliance with or to restrain by iniunction the violation of this Chapter. II. SEVERABILITY July 30, 2013 Page 31 Southold Town Board Board Meeting 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 shalt not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. III. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ~ Vote Record -Resolution RES-2013-558 ? Adopted 8 Adopted as Amended ? Defeated Yes/Aye No/Nay Abs[ain Absent ? Tabled James Dinizio Jr Mover ® ? ? ? ? Withdrawn ? Supervisor's Appt Wdham P. Ruland Voter 0 ? ? ' ? ? Tax Receiver's Appt Jill Doherty Voter ~ ? ? ? ? Rescinded Christopher Talbot Seconder ? ® ? ? ? Town Clerk's Appt Louisa P. Evans Voter ® ? ? ' ? ? Supt ngwys Appt Scott A. Russell Voter 8 ? ? ' ? ? No Action ? Lost Comments regarding resolution 558 COUNCILMAN DINIZIO: I would like to make a motion that we consider tabling this to the next meeting? SUPERVISOR RUSSELL: The next meeting is on Fishers Island. COUNCILMAN DINIZIO: Okay, the 13th then. COUNCILMAN TALBOT: I'll second. Motion to table was LOST. COUNCILMAN RULAND: I would like to say that not withstanding all of the comments that have been made and all of the written comments that have been received and all of the phone calls that I have received and all of the people that 1 have talked to, I believe that we are at a point that we should enact this and see how it works. I am not naive enough to believe that anything that we enact might not work the way that it was intended and might need to be changed. And my mind is always open to change if there is a reasonable reason for it. And I think that people need to know that for me the decision doesn't come lightly, there is, again, been a great deal of testimony, a great deal of reading and a great deal of back and forth especially with the Department of Agriculture and Markets and with all that said, I vote aye. July 30, 2013 Page 32 Southold Town Board Board Meeting COUNCILMAN TALBOT: After the back and forth on all of this, I, you know, watching the winery owners everybody going through this process, I think back to myself, back to the late 70's and eazly 80's and look at some of the fallow farms that were taking place out here, a lot of the old farms that weren't being used by farmers were now becoming shops for contractors, mechanics, storage. Guys running bread routes out of these old potato barns and barns on the farms. I think the wine industry is growing this area, I think that so many people come out to this azea and spend their money freely out here, we aze reaping all of the benefits of these wineries and the farms and agri-tourism as it is going right now that to, for government, a Republican government to throw another hurdle in the way of these businesses that aze struggling to survive. A perfect example is Peconic Bay winery there on the Main street in Cutchogue who has closed their doors and the best possible use for that business right there, that property, might not be a farm or a vineyazd but might be a hotel or a shopping center or something else, or houses. I don't for the life of me, I can't understand why we are going forwazd with putting more hurdles into place. Guys aze struggling to survive, businesses are struggling to survive out here, I adamantly say no to this law. 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 pazking regulations on 4`b Street, New Suffolk, from the corner of Jackson Street to the beach azea 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 dashboazd; 4. The Speyers must contact Captain Kruszeski of the Southold Police Department with a sample of pazking 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. Vote Record -Resolution RES-2013-562 8 Adopted - - ? Adopted as Amended Yes/Aye No/Nay Abstain Absent ? Defeated James Dinizio Jr Voter 0 ? ? ? ? Tabled William P. Ruland Seconder D ? ? ? ? Withdrawn Jill Doherty Mover D ? ? ? ? Supervisor's Appt Christopher Talbot 'Voter D ? ? ? July 30, 2013 Page 33 Southold Town Board Board Meeting ? Tax Receiver's Appt Louisa P. Evans Voter ~ ? ? ? ? Rescinded Scott A. Russell Voter 8 ? ? ? ? Town Clerk's App[ ? Supt Hgwys Appt ? No Action ? Lost 2013-563 CATEGORY.• Budget Modification DEPARTMENT.• Accounting Highway Fund Part Town Budged Mod cation Financial Impact: Appropriate a transfer made from the Capital Fund to the Highway Fund for part of the $l33K Capital Grant received from 1VYS 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 Princi al $70,000 Vote Record -Resolution RES2013-563 ~ Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn lames Dinizio Jr Voter 8 ? ? ? ? Supervisor's Appt William P. Ruland Mover D ? ? ? ? Tax Receiver's Appt .till Doherty Voter ~ ? ? ? ? Rescinded Christopher Talbot Voter ~ ? ? ? ? Town Clerk's Appt Louisa P. Evans Seconder ~ ? ? ? ? Supt Hgwys App[ Soon A Russell Voter ~ ? ? ? ? No Action ? Lost 2013-564 CATEGORY: Contracts, Lease & Agreements July 30, 2013 Page 34 Southold Town Board Board Meeting DEPARTMENT: Community Development 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 A¢reement with Family Service Leaeue of Suffolk Coun 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 Attorne . ~ Vote Record -Resolution RES-2013-564 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn James Dinizio Jr Voter 0 ? ? ? ? Supervisor's Appt William P. Ruland Voter ? ? 0 ? ? Tax Receiver's Appt Jill Doherty Voter ® ? ' ? ? ? Rescinded Christopher Talbot Seconder ® ? ? ? ? Town Clerk's App[ Louisa P. Evans Mover 0 ? ' ? ' ? ? Sup[ Hgwys App[ Scott A. Russell Voter ® ? ? ? ? No Action ? Los[ 2013-565 CATEGORY: Budget Modification DEPARTMENT.' Police Dept Police Department-Budget Modifacation Financial Impact: For funds expended after the retirement of Joseph A. Conway, Jr. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2013 General Fund Whole Town budeet as follows: From: A.1990.4.100.200 Contingent (Whole Town) Police Retirement Reserve $190,500 TOTAL $190,500 July 30, 2013 Page 35 Southold Town Board Board Meeting 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. Holiday Earnings $2,500_ TOTAL $190,500 ? Vote Record - Resolutoo RES2013-%5 8 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn lames Dinizio Jr Voter ® ? ? ? ? Supervisors Appt Wtlltam P. Ruland Voter 0 ' ? ? ? ? Tax Receiver's Appt Jill Doherty Voter ' ® ? ? ? ? Rescinded Christopher Talbot Mover 8 ? ? ' ? ? Town Clerk's Appt Louisa P. Evans Seconder 8 ? ? ? ? Sup[ Hgwys Appt Scott A. Russell Voter D ? ? p ? No Action ? Los[ 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 Hi hwa De artment effective Se tember 28, 2013. ? Vote Record -Resolution RES2013-566 ~ Adopted Yes/Aye NoMay Abstain Absent ? Adopted as Amended James Dinizio Jr Mover D ? ? ? ? Defeated William P. Ruland Voter ~ ? ? ? ? Tabled Jill Doherty Seconder D ? ? ? ? Withdrawn Christopher Talbot Voter ~ ? ? ? ? Supervisor's Appt Louisa P. Evans Voter D ? ? ? July 30, 2013 Page 36 Southold Town Board Board Meeting ? Tax Receiver's Appt Scon A. Russell Voter ~ ? ? ? ? Rescinded ? Town Clerk's Appt ? Supt Hgwys Appt ? Na Ac[ion ? Lost 2013-567 CATEGORY: Close/Use Town Roads DEPARTMENT.• Town Clerk Road Closure jor the Douglas Moore Music Festival 8/10/13 Financial Impact: Cost to Police = S 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 10, 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 of town roads. ? Vote Record -Resolution RES2013-567 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye NoMay Abstain Absent ? Tabled ? Withdrawn James Dinizio Jr Vo[er ~ ? ? ? ? Supervisor's Appt William P. Ruland Seconder 0 ? ? ? ? Tax Receiver's Appt Jill Doherty Mover 0 ? ? ? ? Rescinded Christopher Talbot Voter ~ ? ? ? ? Town Clerk's Appt Louisa P. Evans Voter ~ ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter ~ ? ? ? ? No Action ? Los[ 2013-568 CATEGORY.• Public Service DF.P.9RTMENT.• Town Clerk Fireworks Permit to Peconic Landing for a Fireworks Display on August 31, 2013 to Celebrate Its July 30, 2013 Page 37 Southold Town Board Board Meeting 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 11th Anniversary, upon the payment of a single fee of $100 and subject to the applicant's compliance with the requirements of the Town's policy re azdin the issuance of fireworks ermits. ? Vote Record -Resolution RES-2013-568 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn James Dinizio Jr ' Voter ~ ? ? ' ? ? Supervisor's Appt Witham P. Ruland Mover 0 ? ? ? ? Tax Receiver's App[ Jill Doherty 'Voter 0 ' ? ? ? ? Rescinded Christopher Talbot Seconder ® ? ? ? ? Town Clerk's Appt Louisa P. Evans Voter ® ' ? ' ? ? ? Supt Hgwys Appt Scott A. Russell Voter 8 ' ? ' ? ? ? No Action ? Lost 2013-569 C'ATECORY: Recommendations DEPARTMENT.' Town Clerk Waive the 30 Day Notifrcation of the Application for a Liquor 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. ? Vote Record -Resolution RES-2013-569 ~ Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn James Dinizio Jr Voter 8 ? ? ? ? Supervisor's Appt William P. Ruland Voter ~ ? ? ? ? Tax Receiver's App[ Jill Doherty Voter ~ ? ? ? ? Rescinded Christopher Talbot Seconder ~ ? ? ? ? Town Clerk's Appt Louisa P. Evans Mover 8 ? ? ? ? Supt Hgwys Appt Scutt A. Russell Voter 0 ? ? ? ? No Action ? Lost July 30, 2013 Page 38 Southold Town Board Board Meeting 2013-570 CATEGORY.• Close/Use Town Roads DEPARTMENT: Town Clerk Cutchogue-New Suffolk Antique 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" Antique Caz 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 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 yeaz only, as the Southold Town Board continues to evaluate the use of town roads. ~ Vote Record -Resolution RES2013-570 8 Adopted ? Adopted as Amended ? Defeated Yes/Aye NoMay Abstain Absent ? Tabled ? Withdrawn James Dinizio Jr Voter ~ ? ? ? ? Supervisor's App[ William P. Ruland Voter D ? ? ? ? Tax Receiver's Appt Jill Doherty Vuter ~ ? ' ? ? ? Rescinded Christopher Talbot Mover 0 ? ? ? ? Town Clerk's App[ Louisa P. Evans Seconder 0 ? ? ? ? Sup[ Hgwys App[ Scott A. Russell Voter 8 ? ? ? ? No Action ? Lost 2013-571 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Recreation Hire Fall Recreation Program lnstruclors 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. July 30, 2013 Page 39 Southold Town Board Board Meeting Sara Bloom (memoir writing) $30/hour Thomas Boucher (guitar) $30/hour Constance Case (Quitling) $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 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 Barbaza Terranova (Knitting/Homemade Jam) $30/hour Lisa Tettelbach (Greeting Cards) $30/hour Voice Coaches (Voice Acting) $30/hour Vote Record -Resolution RES2013-571 ~ Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absen[ ? Tabled lames Dinizio Jr Mover ~ ? ? ? ? Withdrawn William P. Ruland Voter ~ ? ? ? ? Supervisor's App[ Jill Doherty Voter ~ ? ? ? ? Tax Receiver's Appt Christopher Talbo[ Voter ~ ? ? ? ? Rescinded Louisa P. Evans Seconder ~ ? ? ? ? Town Clerk's Appt Scott A. Russell Vo[er ~ ? ? ? ? Supt Hgwys Appt ? No Action ? Lost July 30, 2013 Page 40 Southold Town Board Board Meeting l I 2013-572 CATEGORY.• Budget Modification DEPARTMENT.• Engineering Budget Modification - 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: 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 ? Vote Record -Resolution RES-2013-572 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn James Dinizio Jr Voter ~ ? ? ? ? Supervisor's Appt William P. Ruland Voter D ? ? ? ? Tax Receiver's Appt Jtll Doherty Mover D ? ? ? ? Rescinded Christopher Talbot Voter D ? ? ? ? Town Clerk's Appt Louisa P. Evans Seconder D ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter D ? ? ? ? No Action ? Los[ 2013-573 C9TEGORY.• Employment -Town July 30, 2013 Page 41 Southold Town Board Board Meeting DEPART/YIENT: Accounting Appoint Lois Weisenbacher PT Clerk Typist RESOLVED that the Town Board of the Town of Southold hereby apaoints Lois Weisenbacher to the position of Dart-time Clerk Typist for the Human Resource Center effective August 5, 20]3. Position not to exceed 17.5 hours per week at a rate of $13.78 per hour. ~ Vote Record -Resolution RES2013-573 8 Adopted ? Adopted as Amended ? Defeated Yes/Aye NoMay Abstain Absent ? Tabled ? Wi[hdmwn James Dinizio Jr .Voter ' 8 ? ? ? ? Supervisor's Appt Wdham P. Ruland .Mover ' B ? ' ? ? ? Tax Rewiver's Appt Jill Doherty Voter ' B ' ? ' ? ? ? Rescinded Christopher Talbot Voter 0 ? ' ? ? ? Town Clerk's Appt Louisa P. Evans Seconder ® ? ? ? ? Supt Hgwys App[ Scott A. Russell Voter ~ ? ? ' ? ? No Action ? Los[ 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 De artment of Public Works. ~ Vote Record -Resolution RES2013-574 8 Adopted ? Adopted as Amended ? Defeated Yes/Aye NolNay Abstain Absent ? Tabled ? Withdrawn James Dinizio Jr Voter D ? ? ? ? Supervisor's App[ William P. Ruland Voter p ? ? ? ? Tax Receiver's Appt fill Doherty Voter ~ ? ? ? ? Rescinded Christopher Talbot Seconder D ? ? ? ? Town Clerk's Appt Louisa P. Evans Mover 0 ? ? ? ? Supt Hgwys App[ Scott A. Russell Voter 0 ? ? ? ? No Action ? Los[ July 30, 2013 Page 42 Southold Town Board Board Meeting 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 imalemented in resaonse to the New York State Comptroller's audit resort entitled "Monitorin¢ Town Asphalt Road Proiects", 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. ~ Votc Record -Resolution RES-2013-575 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn lames Dinizio Jr Voter ~ ? ' ? ? ? Supervisor's Appt William P. Ruland Voter 8 ? ? ? ? Tax Receiver's App[ Jill Doherty Seconder ~ ? ' ? ? ? Rescinded Christopher Talbot Mover 0 ? ' ? ? ? Town Clerk's Appt Louisa P. Evans Voter 8 ? ' ? ? ? Supt Hgwys Appt Scott A. Russell Voter ~ ? ? ? ? No Action ? Lost 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 a ui ment and dis osed of. Vo[e Record -Resolution RES-2013-5'76 ~ Adopted Yes/Aye No/Nay Abstain Absent July 3Q 2013 Page 43 Southold Town Board Board Meeting ? Adopted as' Amended James' Dinizio .h' Mover ~ ? ? ? ? Defeated William P. Ruland Voter 8 ? ? ? ? Tabled JiII Doherty Voter D ? ? ? ? Withdmwn Christopher Talbot Voter ~ ? ? ? ? Supervisor's App[ Louisa P. Evans Seconder 8 ? ? ? ? Tax Receiver's Appt Scott A. Russell Voter ~ ? ? ? ? Rescinded - ? Town Clerk's Appt ? Supt Hgwys Appt ? No Action ? Los[ 2013-577 CATEGORY: Attend Seminar DEPARTMENT: Accounting 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 Accountin & Finance 20]3 bud et (meetings and seminars). ~ Vote Record -Resolution RES-2013-577 D Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn James Dinizio Jr Voter ~ ? ? ? ? Supervisor's Appt William P. Ruland Seconder 8 ? ? ? ? Tax Receiver's Appt Jill Doherty Mover 0 ? ? ? ? Rescinded Christopher Talbot Voter 8 ? ? ? ? Town Clerk's Appt Louisa P. Evans Voter 8 ? ? ? ? Sup[ Hgwys Appt Scott A. Russell Voter 8 ? ? ? ? No Action ? Lost 2013-578 CATEGORY: Budget Modification DEPARTMENT: Supervisor 2012 Budget Modrfrcation CDBG Financial Impact: July 30, 2013 Page 44 Southold "Down Board Board Meeting re-allocate fmuls Resolved that the Town Board hereby modifies the Community Development Block Grant 2012 budget as follows. To: CD.8660.D.003.014 Community Development Habitat for Humanity Demolition of Blighted Property 550 Greenway East $10,000 From• CD .8660.D.012.OLi Community Development Peconic Lane Community Center Interior Renovations and Re airs $10,000 ~ Vote Record - Resolufion RES-2011578 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn James Dinizio Jr Voter 8 ? ? ? ? Supervisor's Appt William P. Ruland Mover D ? ? ? ? Taz Receivers Appt Jill Doherty Voter ~ ? ? ? ? Rescinded Christopher Talbot Voter D ? ? ? ? Town Clerk's App[ Louisa P. Evans ' Seconder D ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter D ? ? ? ? No Action ? Lost 2013-579 GITEGORV: 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 followin¢ 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 July 30, 20] 3 Page 45 Southold Town Board Board Meeting Drive, Kenny s Road, Mill Koad CUTCHOGUE: Route 48/25, Bridge Lane, Oregon Road, Alvah's Lane, Moores Lane, New Suffolk Avenue, Kimogenor Point Road, Orchard Street, 5th 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 ermit. ? Vote Record -Resolution RES2013-579 8 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn lames Dinizio Jr Voter 8 ? ? ? ? Supervisor's Appt Wdliam P. Ruland Seconder 0 ' ? ? ? ? Taz Receiver's Appt fill Doherty Voter ® ' ? ' ? ? ? Rescinded Christopher Talbot Voter ® ! ? ? ' ? ? Town Clerk's Appt Louisa P. Evans Mover 0 ' ? ? ? ? Supt Hgwys Appt Scod A. Russell Voter 8 ? ? ? ? No Action ? Lost 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 $4-5,-689, $59,862 plus transportation of the grinder to New Hampshire, as provided by CBI in their revised estimate of July 29, 2013, al] in accordance with the Town Attorney. ? Vote Record -Resolution RES2013-580 ~ Adopted Yes/Aye NoMay Abstain Absent July 30, 2013 Page 46 Southold Town Board Board Meeting ? Adopted as Amended James Dinizio Jr Voter ~ ? ? ? ? Defeated William P. Roland Voter 8 ? ? ? ? Tabled Jill Doherty Voter ~ ? ? ? ? Withdrawn Christopher Talbot 'Mover B ? ? ? ? Supervisor's App[ Louisa P. Evans Seconder 0 ? ? ? ? Tax Receiver's Appt ScaO A. Russell Voter 8 ? ? ? ? Rescinded ? Town Clerk's Appt ? Supt Hgwys Appt ? No Action ? Last 2013-581 CATEGORY: Contracts, Lease & Agreements DEPARTMENT.• Town Attorney Agreement W/Vehicle Tracking Solutions, LLC 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 Attorne . ~ Vote Record -Resolution RES-2013-581 ® Adopted ? Adopted as Amended ? Defeated Yes/Aye NoMay Abstain Absent ? Tabled ? Withdrawn James Dinizio Jr Mover ~ ? ? ? ? Supervisor's App[ William P. Roland Seconder D ? ? ? ? Tax Receiver's Appt Jill Doherty Voter ~ ? ? ? ? Rescinded Chrislopher'1'albot Voter D ? ? ? ? Town Clerk's Appt Louisa P. [vans Voter D ? ? ? ? Supt Hgwys Appt Scow A. Russell Voter D ? ? ? ? No Action ? Los[ 2013-582 CATEGORY.• Budget Modification DEPARTMENT.• Solid Waste Management District July 30, 2013 Page 47 Southold "I~owu Board Board Meeting Grinder Budget Modifrcation for Amended 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. Expect MSW Removal line 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 Vote Record -Resolution RES2013-582 ® Adopted ? Adop[ed as Amended ? Defeated Yes/Aye No/IVay Abstain Absent ? Tabled ? Withdrawn lames Dinizio Jr Voter ~ ? ? ? ? Supervisor's App[ William P. Ruland Seconder ~ ? ? ? ? Tax Receiver's Appt Jill Doherty Mover ~ ? ? ? ? Rescinded Christopher Talbot Voter D ? ? ? ? Town Clerk's App[ Louisa P. Evans Voter m ? ? ? ? Sup[ Hgwys Appt Scott A. Russell Voter 8 ? ? ? ? No Action ? Lost 2013-583 CATEGORY: Refund OF"PARTMENT: Town Clerk Partial Refund Non-Resident Parking Permit Fee RESOLVED the Town Boazd 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 l 1786. Permit was purchased May 17, 2013 and returned by mail in June because Mr. Trapani sold his boat. .luly 30, 2013 Page 48 Southold Town E3oard Board Meeting ~ Vote Rccord -Resolution RES-2013-i83 8 Adopted ? Adopted as Amended ? Defeated y¢s/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn lames Dinizio Jr Voter 0 ? ? ? ? Supervisor's Appt Wdham P. Ruland Mover 0 ? ? ? ? Taz Receiver's Appt Jdl Doherty Voter 8 ? ? ? ? Rescinded Christopher Talbot Voter 8 ? ? ? ? Town Clerk's Appt Louisa P. Evans Seconder ~ ? ? ? ? Supt Figwys Appt Scot[ A. Russell Voter D ? ? ? ? No Action ? Lost 2013-584 CATEGORY.• SuppordNon-Support Resolution DEPARTMENT: Town Clerk Support to Request Release of LGRMIF Grant Funds 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 Department's 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 July 30, 2013 Page 49 Southold Town Board Board Meeting 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 yeaz, for example, not a single one of the 236 recommended grants has been approved by Bude?et thou>?h these grants were supposed to be effective on Julv 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 eazliest date possible. ? Vote Record -Resolution RES-2013-584 D Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn James Dinizio Jr Voter D ? ? ? ? Supervisor's Appt William P. Ruland Voter ~ ? ? ? ? Tax Receivers Appt Jtll Doherty Voter ~ ? ? ? ? Rescinded Christopher Talbot Seconder ~ ? ? ? ? Town Clerk's Appl Louisa P. Evans Mover ~ ? ? ? ? Supt Hgwys Appt Scotl A. Russell Voter m ? ? ? ? No Action ? Lost 2013-585 G9T6GORY: Contracts, Lease & Agreements DEPARTMEtVT: Town Attorney Grant of Drainage 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 July 30, 2013 Page 50 Southold Town Board Board Meeting documents to effectuate same between Rosemary J. Schneider and the Town of Southold, subject to the a royal of the Town Attorney. ? Vote Record -Resolution RES-2013-585 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye NoMay Abstain Absent ? Tabled ? Withdrawn James Dinizio Jr Voter D ? ? ? ? Supervisor's Appt Wdham P. Ruland Voter m ? ? ' ? ? Taz Receiver's App[ Jill Doherty Voter D ? ? ? ? Rescinded Christopher Talbot Mover ~ ? ? ? ? Town Clerk's Appt Louisa P. Evans Seconder 0 ? ? ? ? Supt Hgwys App[ Scott A. Russell Voter 0 ? ? ? ? No Action ? Lost 2013-586 CATEGORY.• Contracts, Lease & Agreements DEPARTMENT: Town Attorney Grant of Drainage Easement W/Edward and Diane Daley 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, sub-ect to the a royal of the Town Attorney. ? Vote Record -Resolution RES-2013-586 D Adopted ? Adopted as Amended ? Defeated Yes/Aye NuMay Abstain Absent ? Tabled ? Withdrawn James Dinizio Ir Mover 8 ? ? ? ? Supervisor's Appt William P. Ruland Voter 8 ? ? ? ? Tax Receiver's Appt Jill Doherty Seconder D ? ? ? ? Rescinded Christopher Talbot Voter D ? ? ? ? Town Clerk's Appt Louisa P. Evans Voter D ? ? ? ? Supt Hgwys App[ Scott A. Russell Mover p ? ? ? ? No Action ? Lost 2013-587 .luly 30, 2013 Page 51 Southold Town Board Board Meeting CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney 8/27/13 @ 7:31 PMLL/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 30`h day of July, 2013, a Local Law entitled "A Local Law in relation to Amendments to Chanter 260. Vehicles and Traffic, in connection with Parkins and Standins on County Route 48 in Cutchosue" 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 27'h 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 Chanter 260. Vehicles and Traffic, in connection with Parkins and Standins on County Route 48 in Cutchosue" reads as follows: LOCAL LAW NO. 2013 A Local Law entitled, "A Local Law in relation to Amendments to Chanter 260, Vehicles and Traffic, in connection with Parkins and Standins on County Route 48". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. 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. II. 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 westerly for July 30, 2013 Page 52 Southold Town Board Board Meeting approximately 1,420 feet 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 Secretazy of State as provided b law. ? Vote Record -Resolution RES2013-587 ® Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn lames Dinizio Jr Voter 0 ? ? ? ? Supervisor's Appt Wdham P. Ruland Seconder 8 ? ? ? ? Tax Receiver's Appt Jtll Doherty Mover 8 ? ' ? ? Rescinded Christopher Talbot Voter 8 ? ? ? ' ? Town Clerk's Appt Louisa P. Evans Voter 0 p ? ? Sup[ Hgwys Appt Scott A. Russell Voter 8 ? ? ? ? No Action ? Lost 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. ? Vote Record -Resolution RES-2013-588 D Adopted Yes/Aye No/Nay Abstain Absent ? Adopted as Amended James Dinizio Jr Voter ~ ? ? ? ? Defeated William P. Ruland Mover 8 ? ? ? ? Tabled Jill Doherty Seconder ~ ? ? ? July 30, 2013 Page 53 Southold Town Board Board Meeting ? Withdrawn Christopher Talbot Voter ? ? ? ? ? Supervisor's App[ Louisa P. Evans Voter 8 ? ? ? ? Tax Receiver's Appt Scot[ A. Russell Voter 8 ? ? ? ? Rescinded ? Town Clerk's Appt ? Supt Hgwys Appt ? No Action ? Lost 2013-589 C.gTEGORY.• 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 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 July 30, 2013 Page 54 Southold Town Board Board Meeting 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: 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 ear from the date of this approval. ~ Vo[e Record -Resolution RES-2013-589 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abs[ain Absen[ ? Tabled James Dinizio Jr Vo[er 8 ? ? ? ? Withdrawn William P. Ruland Voter 8 ? ? ? ? Supervisor's Appt Jill Doherty Vo[er ~ ? ? ? ? Tax Receiver's Appt Christopher Talbot Seconder ® ? ? ? ? Rescinded Louisa P. Evans Mover 8 ? ? ? ? Town Clerk's Appt Scon A. Russell Vo[er 8 ? ? ? ? Supt Hgwys Appt ? No Ac[ion ? Los[ July 30, 2013 Page 55 Southold Town Board Board Meeting 2013-602 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`h 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 Does or Domestic Animals throuehout 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 30'h 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 Does or Domestic Animals throuehout the Town" reads as follows: LOCAL LAW NO. S of 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 Does or Domestic Animals throuehout the Town". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The purpose of these Amendments is to protect the health, safety and wellbeing of Town residents and guests using 3 recreational areas by enacting regulations pertaining to control of dogs and other domestic animals throughout the Town and on Town-owned recreational areas, beaches, children's play areas, picnic areas, athletic fields and trails. II. Chapter 83 of the Code of the Town of Southold is hereby amended as follows: §83-6. Prohibited activities. It shall be unlawful for any person owning, harboring, in possession of or in control of any dog(s1 or domestic animal(s~ in the Town of Southold to permit or allow such doggy or domestic animal(s) to: A. Run at large other than upon the premises of the owner or custodian July 3Q 2013 Page 56 Southold Town Board Board Meeting age °a°°••°'° or ••.~.~1~ •'.i~e upon the premises of another person with the knowledge and consent of such person. °:,rz ref 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. E.D. Cause damage or destruction to property other than the property of the owner or person hazboring such dog. D.E. Chase or otherwise hazass 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 concernine does or domestic animals. A. Dog(sl or other domestic animal(s) are permitted on the following Town-owned recreation azeas and subject to the followine conditions: 1. Pazks, picnic azeas, children's play areas, trails and/or athletic fields, if the doh or domestic animal is on a leash and restrained no more than four feet from the owner or custodian at all times. 2. Beaches, if the doe 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 doe runs with no leash required. B. Doe(s) or other domestic animal(s) are not permitted on the followine Town- owned recreation areas: 1. Parks, picnic areas, children's play areas and/or athletic fields and trails that aze posted with signaee indicating "Dog(s) or Domestic Animal( Prohibited"• 2. Designated bathine beaches during such times that a lifeeuazd is on duty Designated bathine beaches include Goose Creek Beach, Kenny's Beach, Norman E. Klipp Marine Pazk Beach, McCabe's Beach, New Suffolk Beach, Southold Town Beach and anv other bathine beach designated by the Town Board in a duly adopted resolution; 3. Land that is within 50 feet of anv recreation area that is posted for protection of piping plovers and other endan eg red species. C. Unless otherwise stated herein, where dog_(s) or domestic animal(s) are permitted on Town-owned recreation areas, the do~2or domestic animal(s) shall be under immediate supervision and control of the owner or custodian with the ability to immediately leash the doe(s) or domestic animal(sZ D. The leashine requirements of this Section shall not apply to a dog or does hunting in the company of a hunter or hunters on recreational areas where hunting is permissible or to bonafide service dogs. E. All doffs permitted on Town-owned recreation areas shall have a collar that July 3Q 2013 Page 57 Southold Town Board Board Meeting adequately displays a valid doa license. F. All doP(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. 6e«e:.. nl.nll Hon ..n~«..vA n ?6e ..f .J....n ns In«..e A 11 A....n e4...ne d.e«e n .nl... «..nln n «...:twA nl.nll l,e «on4«n:..e.J nt nll ?:...en nAe.... nee len nl.en e.,re« R.n« F F e~ le«..A. E.B Build or attempt to build a fire except in such areas and under such regulations as may be 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. £.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 pazade or procession in any recreational area without first obtaining authorization. IV. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. V. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided b law. ~ Vote Record -Resolution RES-2013-602 ? Adopted ? Adopted as Amended ? Defeated 8 Tabled Y'es/Aye No/Nay Abstain Absent ? Withdrawn James Dinizio Jr Voter 8 ? ? ? ? Supervisors App[ William P. Ruland Voter ~ ? ? ? ? Tax Receiver's Appt Jill Doherty Seconder ~ ? ? ? ? Rescinded Chris[opher'falbo[ Voter ~ ? ? ? ? Town Clerk's Appt Louisa P. Evans Mover ~ ? ? ? ? Supt Hgwys APPt Scott A. Russell Voter ~ ? ? ? ? No Action ? Lost Next: 8/13/13 4:30 PM July 30, 2013 Page 58 Southold Town Board Board Meeting Comments regarding resolution 602 SUPERVISOR RUSSELL: I am going to speak on behalf of the Board. I do not believe we are in a position tonight to act on the dog leash law. What we will do is table it for two weeks. The public hearing is closed however, you are free to submit written comment at any time. You can submit it to my office or the Town Clerk's office for distribution. Motion To: Motion to recess to Public Hearing RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed at 8:11 PM in order to hold a public hearing. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell VI. Public Hearings 7/30/13 PH @ 7:31 PM -Marratooka ODA RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Christopher Talbot, Councilman AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell Councilman Talbot COUNCILMAN TALBOT: NOTICE IS HEREBY GIVEN 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 accepted the petition of Marratooka North, LLC to establish an open development area as complete, and has set 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 Marratooka 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. July 30, 2013 Page 59 Southold Town Board Board Meeting NOTICE IS HEREBY FURTHER 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 may be examined by any interested person during business hours. I have a notice that it was posted in the Suffolk Times on July 25 and that it was posted on the Town Clerk's bulletin boazd July 22. And that is it. Supervisor Russell SUPERVISOR RUSSELL: Would anybody like to comment on this particular local law? Alxyandra Sabatino, Planning Department ALY SABATINO: Aly Sabatino, Planner For the Town of Southold. This open development area is located in Mattituck, as it was discussed before, it is an 80/60 conservation subdivision, where 18 acres of the property are preserved through a development rights sale and there is a 4.5 acres development area that is adjacent to Route 25. The town is working in conjunction with the New York State Department of Agriculture and Markets to fund the sale of development rights. The State has put a restriction on the property that allows it to be subdivided into two lots one that includes the 18 acre farm and a sepazate one acre lot. The Planning Board issued a sketch plan approval on June 3, 2013 and the Town Board has accepted the ODA petition. I am here if anyone has any questions? Supervisor Russell SUPERVISOR RUSSELL: Would anybody else like to comment on this particular local law? (No response) 7/30/13 @ 7:32 PM LL/Dogs on Beaches RESULT: CLOSED [UNANIMOUS MOVER: Louisa P. Evans, Justice SECONDER:JiII Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell Councilman Christopher Talbot COUNCILMAN TALBOT: NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 18~h day of June, 2013, a Local Law entitled "A Local Law in relation to Amendments to Chanter 83, Animals, and Chapter 193, Parks and Recreation Areas, in connection with Control of Dods or Domestic Animals throuehout the Town" and NOTICE IS HEREBY FURTHER GIVEN 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 30`h day of July, 2013, at 7:32 p.m. at which time all interested persons will be given an opportunity to be heard. July 30, 2013 Page 60 Southold Town Board Board Meeting '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 Does or Domestic Animals throuehout 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 Does or Domestic Animals throuehout the Town". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The purpose of these Amendments is to protect the health, safety and wellbeing of Town residents and guests using recreational areas by enacting regulations pertaining to control of dogs and other domestic animals throughout the Town and on Town-owned recreational areas, beaches, children's play areas, picnic areas, athletic fields and trails. II. Chapter 83 of the Code of the Town of Southold is hereby amended as follows: §83-6. Prohibited activities. It shall be unlawful for any person owning, harboring, in possession of or in control of any dog(s) or domestic animal(s) in the Town of Southold to permit or allow such doggy or domestic animal(s) to run at lar¢e: A. A^^ Other than upon the premises of the owner or custodian age ^a°°••^'° °F°••^'~ a°°, or upon the premises of another person with the knowledge and consent of such person. ~c,...~f B. 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. E.D. Cause damage or destruction to property other than the property of the owner or person harboring such dog. I~.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. July 30, 2013 Page 61 Southold Town Board Board Meeting III. Chapter 193 of the Code of the Town of Southold is hereby amended as follows: &193-3.1. Reeulations concernine does or domestic animals. A. DOe(S) or other domestic animal( aze permitted on the following Town-owned recreation areas and subject to the followine conditions: 1. Parks, picnic areas, children's play areas, trails and/or athletic fields, if the d_og or domestic animal is restrained on a leash not more than four feet in length at all times. 2. Beaches, if the doe 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 doe runs with no leash required. B. Doe(s) or other domestic animal(s) are not permitted on the followine Town- owned recreation areas: 1. Parks, picnic azeas, children's play areas and/or athletic fields and trails that are posted with sienaee indicatine "Doe(s) or Domestic Animal(s) Prohibited"; 2. Designated bathing beaches during such times that a lifeeuazd 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 desi nagn ted 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 ping plovers and other endaneered species. C. Unless otherwise stated herein, where dog(s) or domestic animal(s) are permitted on Town-owned recreation azeas. the doe(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 o~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 doe license. F. All dog(s) or domestic animal(s) waste shall be removed in accordance with &83- 18(B). ,luly 30, 2013 Page 62 Southold Town Board Board Meeting §193-9. Behavior and conduct. No person shall: A. Be present in any recreational area while under the influence of intoxicating liquor. B B:i.~S~ .7..5,.- ,.vl.,.« a,..«e...: 1 1 1, 1, a ....u...: .....,.a:...el.. ,,,1:,.,.,.« w wr w~ r a ~ ~ .vc~*iiig ~ 1. 11 1. A ad«.. tl,o ,.f ,7,.......F 1....,.,, n 11 ,1..,.., YLlace .'1.,. ,.1. ..1., e e :F~,.,7 1. it 1. ,l 11 yle,.....~~ 1,.....l.e.. «..r Fh..« F C ' i 1. K b- E.B Build or attempt to build a fire except in such azeas and under such regulations as may be 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. 1?.D Disturb or interfere unreasonably with any person or party occupying any area or participating in an activity under the authority of a permit. E.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, pazagraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. V. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. I have a letter from Suffolk County, Sarah Lansdale, director of Planning and Andrew Freleng, chief planner `Pursuant to the requirements of Sections A 14-14 to A 14-25 of the Suffolk County Administrative code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant county wide or inter-community impact. A decision of local determination shall not be construed as either an approval or a disapproval.' We have a letter July 30, 2013 Page 63 Southold Town Board Board Meeting from Donald Wilcenski, chairman of the Planning Board 'Thank you for the opportunity to provide comments regarding the above proposed amendments to the Town Code. The Planning Boazd has reviewed the proposed amendments and supports the adoption of this legislation.' I have a notice that it was posted in the Suffolk Times on July 18`" and on the Town Clerk's bulletin board on July 19`~ and that is it. Supervisor Russell SUPERVISOR RUSSELL: Would anybody ?ike to address the Town Board on this particulaz local law? Cynthia Wills, Southold CYNTHIA WELLS: Cynthia Wells, I live in Southold. It all sounds quite reasonable except the length of the leash. Most leashes aze sold in the pet stores at least 6 feet in length. So you aze going to require everybody in the whole area to go out and buy new leashes to accommodate for this law. I just find that a little harsh. Most leashes, if they aze not extension leashes which the extension leash you can make it 4 feet but if people just have a regulaz leash, they are 6 feet. That is the way they aze sold. I don't remember seeing any leash, especially for a big dog, that is sold at a length of 4 feet. COUNCILWOMAN DOHERTY: But we got that length from other codes in other towns and this is specifically on recreation fields for like say, you want to bring your family dog to watch your son play soccer or something. They can hold that leash closer. MS. WELLS: That is different, I would always hold my dog closer because I have got a jumper, so I am not going to, you know, I don't have a problem with holding it closer but to say the leash has to be 4 feet that is different than to say you can hold it closer. And in New York City which is, I mean, I am not saying that is better it is just that is what I am familiar with, is it is 6 feet. In Los Angeles, it is 6 feet. I don't understand.... COUNCILWOMAN DOHERTY: We felt that keeping your dog within the 4 feet radius of yourself at an athletic field where kids and other people were running around was reasonable. MS. WELLS: I find it reasonable too but do you see what I am saying? If you make everybody have to comply to getting a 4 foot leash.... COUNCILWOMAN DOHERTY: Wait, we are not saying that the leash has to be 4 feet, we are saying that the dog has to be tethered at 4 feet to your body. MS. WELLS: That is not what I heard... COUNCILMAN TALBOT: What T think the biggest part that you are missing here is that dogs were not allowed in those areas at all.... SUPERVISOR RUSSELL: Right. July 30, 2013 Page 64 Southold Town Board Board Meeting COUNCILMAN TALBOT: You are now allowed to bring them there as long as you have them on a 4 foot leash. You can chose to keep them out of there and not go on the beaches when people aze there or not go in the pazks. MS. WELLS: No, 1 am not missing that at all. That is why I said at the beginning, I said that's all really reasonable, that is all really great. I have no problem keeping my dog on the leash. It is the wording of the leash has to be 4 feet long... COUNCILMAN TALBOT: Yes. MS. WELLS: So that you can get a ticket if the leash is 6 feet long? COUNCILMAN TALBOT: I find that hazd to believe that is ever going to happen. SUPERVISOR RUSSELL: We actually borrowed from other codes. Also, the Suffolk County has many assets in Southold Town, there current code requires 4 feet of length for leash. So if you are at Cedaz Beach.... MS. WELLS: Okay, it's just that, is this like a done deal or can we check that the pet stores are selling, I don't even know of any selling a 4 foot leash. COUNCILWOMAN DOHERTY: We are not saying you have to buy a 4 foot leash, we are saying you have to keep the leash can only be extended 4 feet at these azeas. MS. WELLS: That is great but that is not the wording I was hearing. I am sorry to be a stickler, it is just I don't want to get a ticket if I have a longer leash. COUNCILMAN TALBOT: Have you gotten a ticket there before, walking azound on the beaches or the parks or anything? MS. WELLS: No. COUNCILMAN TALBOT: I don't think you are going to get a ticket fora 4 '/2 foot leash. MS. WELLS: My understanding was just that the enforcement was going to, people were really going to try to enforce it. COUNCILMAN TALBOT: Where did you hear that? MS. WELLS: At one of the previous meetings. It is just the wording, you have to have the.... TOWN ATTORNEY FINNEGAN: Why don't we just change it to say animal is on a leash and restrained not more than 4 feet from the owner? Is that clear? MS. WELLS: So that people don't have to go out and buy new leashes. July 30, 2013 Page 65 Southold Town Board Board Meeting SUPERVISOR RUSSELL: That is really what our intention is anyway. COUNCILWOMAN DOHERTY: Yes, we want to make that clear. TOWN ATTORNEY FINNEGAN: Alright, we will make that clarification. SUPERVISOR RUSSELL: Who else would like to comment on this particulaz local law? Dan? Dan Catullo, Mattituck DAN CATULLO: Dan Catullo, Mattituck. I was going over the incarnation, the recent incarnation of your law on the dogs and I noticed something of interest here. The amendment is, the purpose is to protect the health, safety and well-being of the town residents and guests. People of the town. For the life of me, I can't see how this law is worded is going to help my safety and my well-being. I just can't see the mechanism in place where what is written here in this law as opposed to what is now in existence is going to help my safety and I would like anyone of you to tell me exactly how that works? How is my safety going to be enhanced by this new law as opposed by the 1981 law? I can't fathom that. Does anybody have an answer to that, how that works? COUNCILMAN TALBOT: It is good wording. MR. CATULLO: Pazdon? COUNCILMAN TALBOT: Good wording, culled out of the old law. Trying to come up with a compromise for the ?ast year and a half but you know.... MR. CATULLO: Well, at any rate, the wording is, I think it is just a cliche. COUNCILMAN TALBOT: Well, you are going to have, probably splitting hairs here 50-50 here where people aze going to be happy or not so happy but you have to go in some direction and get something done on it. MR. CATULLO: Alright. Well, I just thought that was a little bit inaccurate. At any rate, I also noticed that the East Hampton people have seen the light in my view. They have attended to the problem of dogs on the beaches by in fact, putting restrictions on free roaming dogs. Doing just exactly the opposite of where we are going. Heading towards, but not to, the 1981 position that we have taken on the north fork. In fact, let me just briefly go over, I have a copy of the article from the East Hampton Star when this thing was passed by them. The headline, `Get out the leash dog lovers, Rover no longer free to roam on village beaches' and it mentions previously dogs could run at will during the hours that they were allowed on the ocean beaches, before 9 AM and after 6 PM in the summer months. Sound familiar to anyone? This is East Hampton and they are changing their laws. And the reason for this. Those who have complained about dog waste and aggressive encounters. Here is another one, those whose sunset picnics and other gatherings were interrupted by dogs. These are all facts that we have brought up here in the past. They were mentioned here again and again at town meetings. Apparently these people are wise July 30, 2013 Page 66 Southold Town Board Board Meeting enough to be taking action in the right direction because of those complaints. It seems to me we aze not wise enough to do the same. We are taking this thing and putting it right on its head, turning it upside down. That is sad. That is really sad. People will say well, look, the south fork, the hamptons, we are not the hamptons, we aze the north fork. We have a different agenda, we have different values. Yes, thank god we aze not the south fork. But true wisdom is universal not south or north. Just remember that. If the town wants this law, well, okay. It is going to have to live with it as is but I only ask that this law be effective within the confines of those areas that aze outlined. That means in the case of Bailie beach which I am going to specify here because that is my main concern but I appreciate other people's concerns as well, if it maintains in the confines of the perimeters of Bailie beach that is fine but I see that as not happening. I see the fact that this is going to break out of it. It is going to get beyond that azea and come down to the east. It has been doing it for all these years. And it will continue to do so, I am pretty sure. How do we stop that? Signage might be a good idea. Putting up appropriate signs and making sure that people aze awaze of it. I am always concerned about vandalism. We have had it down there. Signs have been knocked down at the end of Bailie beach in the past. It may happen. We can try it though. A sign with restrictions allowing that there is a perimeter there and private property is beyond might help. But more importantly, there is a dagger to the east in our heazts, the property owners to the east of Bailie beach and that dagger is the following: below mean high water is public trust area, is public access. I have no problem with that. As Scott will know, I have been an advocate for people having access to the water below mean high water. That is fine. What happens when these people have free running dogs in that area? Those free running dogs aren't staying on public trust property. Those dogs are in our yards doing what dogs do and a lot of those things they do are not very nice, as we have gone over and I azn not going to repeat all of that again because I have done it any number of meetings here but you should very well be aware of that. Now the whole idea of this mean high water line. It has been nebulous, there have been any number of arguments over the eyars. On the west side of the inlet for other reasons, there have been any number of, almost coming to blows, adversarial confrontation. Well, if in fact the town claims that all this public trust area below mean high water east of that Bailie beach, if that area is forbidden to unleashed dogs, it would resolve the problem. Maybe a 30 word addendum to your verbose law here. What happens with that? It eliminates this whole problem about where's mean high water. Is the rack line here, is the tide line there, where is the sand, where is the storm put this here, doesn't matter. If in fact that area is off limits, I am standing on my property, my property is off limits to unleashed dogs, obviously, that is my mandate. Below mean high water, by town fiat and the state as you said, the state has allowed you to make that decision. EPA is okay with it. You can say no unleashed dogs in that azea. I am standing on my property, there is no dog allowed on my side of it and by town fiat there is no dog allowed on the opposite side of it. So, any dog that is in that azea, unleashed, is an illegal dog. Case closed. Enforcement is easy and we go to court or get a fine. And that should be pretty straight forward and simple. If the town enacts this corollary to your law, in other words, no unleashed dogs below mean high water period. I mean, the only thing I azn really after, one of the main things the thrust of all my arguments since this horrendous event last year, is I want to prevent threatening, dangerous, unwanted elements from intruding on my private property. I don't want them in my yard or at my throat. I don't see anything unreasonable about that. Why there is a debate about it. I don't know. I just don't get it. Just take apart these pieces and say where is the argument going to come from? I just don't July 30, 20]3 Page 67 Southold Town Board Board Meeting understand. I mean, I have talked and talked, I have given proof and statistics, insurance statistics, emergency room statistics, observations in the emergency room, experiences, the media coverage. Apparently ignored, forgotten or it is simply denied. You talk about holocaust denial. I mean, it is as if I have never mentioned all the bad things that have been happening, to heaz a lot of these people talk about dogs, especially the unleashed ones. Well, I am not going to go into that again. We have been through and through that, I have been at a lot of meetings and I have talked myself blue. What I would like to do, did you distribute that letter that I gave you Scott? By chance, have you all read that? SUPERVISOR RUSSELL: Which letter was that? MR. CATULLO: The one in early July. I thought it was pretty pertinent. Well, that me do this, for public record and public consumption, let me go through it. it is brief enough. Hopefully, the time has arrived when Southold will provide some relief in the matter of free running beach dogs. Ironically, the attack on me took place before 8:30 AM, see police report, and therefore lies outside the purview of your new proposed law. Thus rendering moot the complete resolution of the very problem that has precipitated this action in the first place. The somewhat unique situation that presents at Bailie beach and its environs should require a modification in how the public is alerted to possible developments after the law is passed. Because of a wide spread misperception, Bailie beach seems to be one long dog run that extends from the inlet to some infinite point faz to the east and that the whole width of that beach from the bluff to the water is open to public exploitation. No consideration is given to private property above the mean high water line. And thus many of the simplistic suggestions for resolution of the beach dog problem fail to confront this reality or appreciate the fact that many of us enjoy sitting in our own yard, in peace, without fear of confrontation as has occurred so many times in the past. The new law would continue to provide opportunity for opening private property to violation and its owners liable to hazassment and to safety and health issues. Either because of ignorance, bad habits or an unfortunate tendency to disregard the feelings or needs of others, the dogs will come, romp, annoy or threaten when released from the restraint for which the leash was created. And this would occur well beyond the limits of what is designated as Bailie beach and is one of the actual venues of the laws application. Our beach front is unique as property in that no fences or barriers can protect owners from thoughtless or lawless intrusions because of the laws of nature and of Southold Town. Virtually every unleashed dog will trespass on beach owners property during any passage east of Bailie beach corridor, thus the new law without a strongly and diligently attended proviso enables selfish and irresponsible dog owners to create great mischief and thus prevent the dog owning residents from fully enjoying a most vital and lovely part of their property at perhaps the most desirable time of day or season of the year. And this brings up the point of these arbitrary hours. What is bad at one hour and dangerous at one hour is fine another, I mean, it is just crazy. What provisions are you going to make to protect those of us with property adjacent to Bailie beach? Okay, I mentioned the signage, I mentioned making the area of the low mean high water a prohibited area for unleashed dogs. I put down an appropriate sign that I thought might be workable. The new law without appropriate restrictions and oversight would be nothing but a specious attempt to placate those of us that are concerned about the dog problem, especially those of us who have the most to lose, such as what was demonstrated in my yard, near Bailie beach on May 8, 2012. Okay, the way it works for me and July 30, 2013 Page 68 Southold Town Board Board Meeting the way I view it (inaudible) provisions are brought in, this corollary I mentioned this is no law at all. And any law that promotes anarchy, even if it is dog anarchy, it is an oxymoron and a fraud. Thank you. Charlene Catulo, Mattituck ARLENE CATULLO: Arlene Catullo, Mattituck. I am just really hoping that if this law pass, it is not acquiescent as Mr. Talbot would say, have you ever been fined for your dog being on property that it should be on? I just don't, if you are going to do it to appease dog owners, really I suggest that you have the dogs leashed. I haven't really said that we didn't want dogs at all, we just said that they aze leashed. And it is true, when I am sitting down there or I used to walk as I mentioned at a previous meeting, stopped because you encounter the dog, freeze in my tracks and wait until the dog owner would leash their dog or at least get it in their control because they do have a free range once they are on Bailie beach. That's is what we are asking for, when you mention the safety and welfare of residents it should be for the safety and welfare of the people and not to appease dog owners. And that is what I am asking you to consider, a leash on the beaches. Or at least enforce the law. And not just sit back and say okay, we have a law and if I have to call you know, I don't want to look like I am disturbing the police because you know, someone is not abiding by the law. Thank you. SUPERVISOR RUSSELL: Let me comment, first of all we have already had discussions with Jeff Standish on signage and we are going to put signage down there and I think that is going to at least address many of yours and Dan's concerns. The signs might get vandalized, it might get ripped out. We will put more up, it happens at all the beaches. That being said, I know that Councilwoman Doherty has been meeting with the police chief and others to talk about the understanding, if we are going this route, we are going to need to rely on you to enforce the provisions of this, like any code, why pass it if we can't enforce it? it is going to be an ongoing process, there might be a time when we are facing the same debate they are facing in East Hampton but I think at this point, the Town Board wants to do something. It is clear we are making both sides a little bit unhappy and that would tell me that this Town Boazd has worked very hard to try to find as even a balance as possible. MS. CATULLO: right, I understand and I appreciate your efforts but I just also would ask, you know, if they listen, dog owners to be responsible as they say they and when they see someone walking the beach, that they make an attempt to at least leash their dog before the dog approaches a pedestrian on the beach. Thank you. SUPERVISOR RUSSELL: Okay, thank you. Who else would like to address the Town Board? BILL SHIPMAN: Bill Shipman trom Cutchogue. I forwarded a couple of pictures to Jim regarding busses and limos.... SUPERVISOR RUSSELL: Let me just ask, I am sorry Bill, we will listen to everything you have to say in a few minutes, we just want to finish the public hearing. This is a public hearing for a local law. Let me finish that and then when we close that, I will take comment on other issues. July 30, 2013 Page 69 Southold Town Board Board Meeting Mary McTeague, Southold MARY MCTIGUE: I am Mary McTigue from Southold. I wanted to show you actually a sign that is up in Southampton township of the compromise they made for dog owners and it is specific times with the violations stated on the signs. SUPERVISOR RUSSELL: Okay. Thank you. I will give this down to Betty and she will make sure we all get a copy. MS. MCTIGUE: Yeah, it's just, I am not going to go through everything I said before, it seems like this code, the train has left the station so to speak. It is going to be enacted, I don't understand why, like this gentleman, I can't wrap my head around the logic of the safety and the health hazard and everything else it creates but okay, let's go with that. I read this code several times and I don't understand a few things so if you just answer a few things for me, why in a recreation area such as a park would a dog need to be on a leash? COUNCILMAN TALBOT: Kids running around, more activity in there and then if you have dogs running around and the dogs are excitable... COUNCILWOMAN DOHERTY: I don't know if you are thinking dog park.... MS. MCTIGUE: No, I am thinking about a soccer field.... COUNCILWOMAN DOHERTY: Yeah, if kids are playing soccer you don't want the dogs running around the fields while they are in the middle of their game and dogs get excited with the confusion. MS. MCTIGUE: Okay, so what if I am on the beach playing Frisbee with a bunch of kids, why is the dog allowed off the leash? COUNCILMAN TALBOT: It wouldn't be according to the code between 9 and 6. MS. MCTIGUE: Well, that brings me to another point but I just want to understand the logic between why a recreation area such as a pazk a leash is required and here we are at the beach which isn't a recreation area and it is not. COUNCILWOMAN DOHERTY: It makes sense, I mean, 1 would like to see us take the hours out and just have say a dog needs to be on a leash between May ]and October 1 on the beach at all times but this is a compromise that we all came up with. I think that if we find, I think it would be easier to enforce if we took the times out and just say a leash on dogs at all times but we decided to try it this way. We can always... MS. MCTIGUE: You lost me with the logic with the whole thing. When it comes to naming beaches that will permit dogs with, you know, not leashed afrer 6:00 and you decided to name those five beaches or maybe six, where there is a lifeguard on duty or not and I just don't understand that either. What does a lifeguard have to do with it? July 30, 2013 Page 70 Southold Town Board Board Meeting SUPERVISOR RUSSELL: We specifically, at the request of the Parks and Recreation Committee, preclude dogs from being on beaches while lifeguards are on duty. Lifeguards are young men and women who are there with a pretty substantial chazge, that is to protect the safety of swimmers and if we didn't want, and the Parks and Rec Committee expressed concerns about the distractions that might take place when people take pets on beaches that are swimming beaches when they are on duty. MS. MCTIGUE: Okay. But all bets are off after 6:00 on these specific beaches. That you named in the code. SUPERVISOR RUSSELL: No, the.... MS. MCTIGUE: The lifeguazd leaves and now you can bring your dog. SUPERVISOR RUSSELL: Yes. MS. MCTIGUE: Okay. But for example, at Goldsmiths there is no lifeguard, right? SUPERVISOR RUSSELL: Right. MS. MCTIGUE: What happens there during the day? They aze not allowed? SUPERVISOR RUSSELL: Not between 9 and 6 is it? COUNCILWOMAN DOHERTY: Yes, between 9 and 6 you would have to leash your dog. SUPERVISOR RUSSELL: You would have to have a leash. MS. MCTIGUE: What about after 6? SUPERVISOR RUSSELL: No leash. MS. MCTIGUE: No leash. Okay, so why are we naming beaches at all? COUNCILWOMAN DOHERTY: That came out in one of the public hearings, we didn't originally name the beaches but people didn't know where the lifeguard beaches were and it was, it came out of a public hearing that they requested that we put the names of the beaches in the code, even though when you get your beach sticker you get that list. MS. MCTIGUE: Not always. But okay. It seems to me that once you start naming the beaches where this behavior is now allowed, these beaches will be named on pet friendly web sites, sooner than later and now these beaches are now targeted for that behaviors and maybe not the other beaches that maybe you would have said it was okay too. Am I crazy or what? July 30, 2013 Page 71 Southold'Cown Board Board Meeting SUPERVISOR RUSSELL: Let me clarify some confusion. The town did not designate or name beaches where dogs are not permitted. The town a few months ago passed a resolution designating specific beaches as swimming beaches. Those are regulated by the Suffolk County Department of Health and that resolution was done to meet the needs of Suffolk County Department of Health. That was unrelated to the issue of this dog law. Yes, this dog law did use lifeguards as a basis for discretion but the naming of those beaches had nothing to do with the passage of this dog law. It was a completely separate issue. And also for insurance purposes, we are required to publicly identify where swimming is going to be allowed with a lifeguazd on duty and every place else is at your own risk. MS. MCTIGUE: Well, I just, I guess I am saying if you are going to put this through can you just pull the names off and just make it throughout the whole town? Why does anything have to be named? SUPERVISOR RUSSELL: I don't.... COUNCILWOMAN DOHERTY: We are naming the beaches that.... TOWN ATTORNEY FINNEGAN: They are bathing beaches. COUNCILWOMAN DOHERTY: They are bathing beaches. We aze not saying these are the beaches dogs go on, we are just saying dogs cannot go on lifeguazded beaches and here are the lifeguazded beaches. If they can't be on a lifeguazded beach, they will say well, where is the lifeguazded beaches? So we are telling them these are the lifeguazded beaches that you cannot have your dog on while a lifeguard is on duty. MS. MCTIGUE: Okay. I just want to now talk about code enforcement because prior to, a new code enforcer just being hired, right? In early July? I guess when this code was decided to be changed it was because the town received a bunch of calls from people upset that dog were on beaches. So this is why this all started and maybe the code was never being enforced then, obviously if a bunch of dogs were on the beach, you are getting a lot of calls. So now you have a new code enforcer, when, what are their hours? How many people and how many.... COUNCILMAN TALBOT: 8:00 to 4:00, normal hours, Monday through Friday. MS. MCTIGUE: How many code enforcement officers? COUNCILMAN TALBOT: One code enforcement officer who has the designation to work weekends if we need him. COUNCILMAN DINIZIO: He is nowhere near, now, to be able to go out. Okay, he is training. At least a month before that is going to happen. SUPERVISOR RUSSELL: Let me just explain, we also have bay constables and we have no less than 5 police officers on duty at any given time. Usually 6 or 7 police officers. They are all July 30, 2013 Page 72 Southold Town Board Board Meeting expected and I know we have had discussions with them that they are going to be part of the enforcement component here. We have.... MS. MCTIGUE: Just now, not last summer. SUPERVISOR RUSSELL: We have no less than 5 plus a sergeant. So it is not just the code enforcement officer, bay constable, police officer, it is all hands on deck. COUNCILWOMAN DOHERTY: And the lifeguards are instructed to let people know of the law if they aze on there. MS. MCTIGUE: I just want to make sure there is enough manpower to make sure this works properly. That is all. Thank you. Dan Catullo MR. CATULLO: Just to reemphasize the importance of that last suggestion I made when I was discussing things, the idea of that public trust area which is an avenue, I call it a dagger to the heart of those homeowners to the east, because and especially with this 9 to 6 business going on and even that East Hampton article saying that people were disrupted at their sunset picnics and et cetera. These are times that I have mentioned this in the past, these aze times that most of us, my wife and my family, we don't go down in the heat of the day, we don't touch the beach in the heat of the day. New Yorkers may, the city boys come out, fine. But now we have to contend with these. Why? Well, we aze away from Bailie beach, 400 feet, but there is that avenue, that dagger, that comdor which people use and with a free running dog there is no way, it is not the dogs fault, there is no way a dog can appreciate private property or proper conduct. It is the owner and there are too many owners that don't give a damn quite frankly. And so we are in the confrontation situation where we aze on our yard and we aze at a time, watching the sunset even bird watching and that is another thing, watching the dogs come by and chase all the birds azound. Black back gulls, whatever terns, whatever is around. Golden eyes. They chase them all, alright. I am a bird watcher but not a fanatic about it. The point is, it is a disturbance. Major disturbance, not talking about major bite issues which brought that up, I brought up at the beginning. If you close that corridor by simply prohibiting unleashed dogs, I am not saying any dog, you talk about a compromise, what we have done or what the town has done or proposes to do here is to make two giant leaps for the dog owners and a half leap, that is a heck of a lousy compromise. That goes from no dogs at all to letting them run at all these times when in fact, if you happen to be off the scale and want a certain time that is not really the usually, the usually sunny, bright, high sun type of day, it just doesn't work. I wish you would really consider resolving that problem by allowing us to have our time on our beaches, in our yards, realize with that curfew that you have established, the reverse curfew you have established, these dogs would be down there and challenging us at a time, as I mentioned in that letter, at a desirable time of the day or season of the year because you seem to think spring and fall are subject to, can be subject to dogs running free as well which I don't agree with. They are my favorite seasons. I wish you would all consider, consider limiting unleashed dog in that avenue, that public trust comdor. It would take maybe a 30 or 40 word addendum to your, the verbiage of your law and it will solve a lot of problems and it will resolve the enforcement because you see a dog there, you know, July 30, 2013 Page 73 Southold Town Board Board Meeting private property no dog. Down below mean high water, it has been forbidden by the town and it is illegal period. COUNCILWOMAN DOHERTY: I don't know if it is as simple as you say because you would have to say something that dogs between the water and the high tide mark because somebody wants to let their dog go swimming, they are not going to have the dog on the leash, that is too dangerous. MR. CATULLO: Yeah but I am talking about outside of the perimeter of Bailie beach or the other town beaches. That is why the first part of this thing, the premise is you have got to have an established perimeter and it has to be available to the people. You have to have a kiosk with a map or you have to have a sign, east and west Mattituck park district here, private property here. Somehow you have to allow until people become accustom because as I said, there have been decades of bad habits that have established, like hardened concrete, have established a certain behavior pattern. And a lot of (inaudible) somebody made mention of the fact that you have got to enforce this from minute one once this law is passed or you aze going to lose the ballgame. That is the key thing. Once this thing is established and it goes into effect, there should be no slack until people get the message. And if it takes a kiosk with a map or signs and then as you say Jill D, they will take their, they will be able to go in the water. That was a big thing. They have 100 feet there or how many feet, they can go in the water. And bathe, let the dog bathe. So it is basically simple, if you follow this thing to the letter and it has never been followed to the letter and that is why it is complicated now. Thank you. SUPERVISOR RUSSELL: Who else would like to address the Town Boazd on this local law? Sir? Ken Hering KEN HERING: Ken Hering from Mattituck, Mattituck Estates. I live up by the cliffs, we have property on the cliff just east of this gentleman, okay. My dog is 5 yeazs old, I do take him down, he does swim. We have access from the beach from Sound Avenue but we walk back to Bailie beach. He is most of the time on the leash, if he is not, all I have to do is click my hand and he is right back. With this new law, is it going to prevent me from coming back off the beach, I mean, if I am say, below the high water line. He swims all the time, he is a rescue dog. SUPERVISOR RUSSELL: No, quite the opposite. For the first time, permits you to do with your dog what you have been doing with your dog for all these years. MR. HERING: There are several homeowners, we go down 94 steps and we walk to Bailie beach and come back for our walk. I take care of many of their houses up on the cliff area, watching them, my dog travels with me. Let's me know if anybody is there. I train him, he is a police dog and he is very friendly. He is intimidating by looking at but he won't hurt anybody unless he gets a command or somebody tries to hurt him. I just don't want to be barred from the beach. SUPERVISOR RUSSELL: No, I think the only restriction is when you are traversing over private properties below the mean high water mark. .luly 30, 2013 Page 74 Southold Town Board Board Meeting MR. HERING: Well, [ go below the high water mark. SUPERVISOR RUSSELL: Okay. MR. HERING: Thank you so much. Any questions forme? COUNCILMAN TALBOT: He just has to leash his dog when it's on the road. TOWN ATTORNEY FINNEGAN: The law applies, there is some confusion here. SUPERVISOR RUSSELL: Okay, I am sorry. TOWN ATTORNEY FINNEGAN: The applies below the high water mark, it goes all the way out, I mean there is an exemption in Nassau and Suffolk county for regulatory issues that go out into the middle of the Sound on the north shore. So yes, the law does apply and can be enforced in the public trust area. SUPERVISOR RUSSELL: The time frame, the leash requirement, you would be subject to the timeframe of when leashes are required and not required. MR. HERING: We go down the middle of the day or something. We have property right there on the Sound, just east of this gentleman. Maybe 15 houses down. COUNCILWOMAN DOHERTY: So at that time you would need a leash on the dog. SUPERVISOR RUSSELL: You would need a leash. You are not prohibited from taking your dog but you would need a leash. MR. HERING: I can put him on a leash and he will walk (inaudible) I just hold the collar out, he just puts his head in there. so I can get back to Bailie beach when I can't get to the steps because they are washed out. COUNCILWOMAN DOHERTY: Right. If you have a leash on the you can do that. SUPERVISOR RUSSELL: He is permitted to do what he is doing provided he goes on the leash during this particular time. MR. HERING: Just another thing, the lady before was recommending a longer leash law, when you hold the dog for training which I have gone through training, I want my dogs trained, you hold the end in one hand and the slide in the other. So a 6 foot is not, 4 foot is cutting it awful close. I mean, when the dog goes to pull, you are supposed to pull like this. That is 4 feet right there. You might want to consider it.... July 30, 2013 Page 75 Southold Town Board Board Meeting COUNCILWOMAN DOHERTY: [f we change it to say that a leash is not let out more than 4 feet. MR. HERING: That would be fine. Thank you so much for your time. Good night. Supervisor Russell SUPERVISOR RUSSELL: Okay. Would anybody else like to comment on this particular local law? (No response) Closin¢ Comments Supervisor Russell SUPERVISOR RUSSELL: Okay, that concludes the business of the regulaz agenda. Would anybody like to comment on any issue? Sir? Geoffrey Wells GEOFFREY WELLS: Good evening, my name is Geoffrey Wells, I am running for Town Trustee and I would like to propose to the Board that the Trustees film called Stewazds of the Shoreline be posted on the town website. This film was made in 2008 by the Trustees at the time. It is a very good, 23 minute film. Non-political, that explains why the LWRP and the town codes exist and I think it would be a good service to the community to get that posted publicly. It also explains how the town history relates to the codes we have today. so it is quite informative. From a technical point of view, I have uploaded the film from utube and there are no technical issues why this can't be done by a simple link by the site to the site. I spoke to the producer Peggy Dickerson and she tells me that 99 percent of the film is still current but perhaps Councilwoman Doherty can confirm that it is still current and applicable. To the extent that something needs to be edited in or out, if necessary, I would be happy to lend my expertise and work with the town to get that done. In the interests of town transpazency, I propose that the Board adopt a resolution to make this film available to the public. The reason I say that is it is missing from most of the libraries in Mattituck, Cutchogue, Greenport etc and it is quite hazd to get ahold of and this would make it publicly and easily available. And I hope that you would consider my recommendation. COUNCILWOMAN DOHERTY: Yes, when we first did that, we did a copy to all the libraries and it was also on channel 22 for a while. MR. WELLS: Yes, that is right. COUNCILWOMAN DOHERTY: So maybe we can take a look at it, see what codes have changed since 2008, see what needs to be edited and put it out there again. MR. WELLS: That would be great. Thank you. SUPERVISOR RUSSELL: Who else would like to address the Town Board? Bill Shipman July 30, 2013 Page 76 Southold Town Board Board Meeting BILL SHIPMAN: Bill Shipman, Cutchogue. 1 forwarded a couple of photos to Jim regarding limos and busses blocking traffic in that particular area I have been discussing and I was just wondering if I could try to get a little traffic enforcement in that azea? It is a continual problem between the hours of 3 and 5:30. Just this past weekend, the 27~h there were cited for being 500 plus at their event during the time I was talking to the patrol supervisor, probably 4 or 5 busses pulled in after that, so their event probably around 4:30 was upward of 600 people. So they are pretty much doing the same old thing, just being quiet about it. COUNCILMAN DINIZIO: I had a little discussion about that Bill and it's like we aze trying to herd cats down there. you know, the moment that police officer has to go somewhere, things star[ happening. And after they were down there quite some time.... MR. SHIPMAN: I saw them there prior to the 4 to 12 shift. COUNCILMAN DINIZIO: Yes. A shift change problem, lack of.... MR. SHIPMAN: But it's that 3:00 time that we look at , that I have been telling you about, that I have been talking about. Between those hours of 3 and 5, the busses are heading back west, they are leaving the east end vineyazds and it is that last stop business model that they have and you know, it goes from 200 people to 400 people in 2 hours and this is what they aze doing. And you know, obviously I have been going for a couple of weeks and the problem just magnifies a little bit. Okay, the pain in the neck across the street hasn't called this week, so now we will have another 200 people and you know, they still have the building permit and the site amendment plan in front of the Planning Board, so this should be an eye opener to them that they are not going to go by what they tell the Planning Board. They won't even give them a number on a good business day that they are saying a good day of the amount of people they are going to have. They are going to have as many people as they can get there. And you know, then they will tell the town figure it out when you give us that permission to do that. But the scope of the problem, as you say, isn't as big as it was and but at the time, that scope of the problem was tremendous and that is pretty much why we are here and I think it is kind of sad but I do appreciate it, that you have to put parking restrictions in a particular area because of particular business is doing what they want. You only notice that in several sections in town. And on top of it, at the expense of the taxpayer Even though it is not that much but still it is something that didn't really have to be done. Even one way signs right across from their exits of their property. You know, minimal expenses but still because they aze not doing what they are supposed to do or what the law recommends or tells them to do, it costs us, even though it is just a little bit, it still costs us. Thank you very much. And you know the problem, obviously you know and I know still exists but 1 am still learning to understand and accept the timetables on these things. COUNCILMAN DINIZIO: Bill, I was a little out of place when you texted them to me that day, and I assure you, I encourage you to do that this weekend and I azn willing to try to make the azrangements that you know, just to see if we can, you know, it is a bad time, it is a bad time during the day. I mean it is very hazd for the town, anybody, to enforce their rules when people just subvert them knowing full-well that we can't do anything on the spot and people end up in the hell you are in right now. And I think you will admit it is better than it has been but it has got to get better.... July 30. 2013 Page 77 Southold Town Board Board Meeting MR. SHIPMAN: Even though it is better than it has been, as soon as the pressure from the State Liquor Authority and the pressure from the town goes away, that monster, it is that little toy you put in the water and it just blows up. That is it. SUPERVISOR RUSSELL: Don't be too sure that the pressure from either of those agencies that you cited are going to let up any time soon. MR. SHIPMAN: I am sure they won't but I still have that nightmare. Thank you. Supervisor Russell SUPERVISOR RUSSELL: Thank you. Who else would like to address the Town Board on any issue? (No response) Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 9:10 P.M. ~ * * + a Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS[ MOVER: Louisa P. Evans, Justice SECONDER: Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell