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HomeMy WebLinkAboutAG-03/11/2014 ELIZABETH A. NEVILLE gUfFQ(y Town Hall, 53095 Main Road TOWN CLERK ~oo~o ~o~y PO Box 1179 y ? Southold, NY 11971 REGISTRAR OF VITAL STATISTICS o g Fax (631) 765-6145 MARRIAGE OFFICER Telephone: (631) 765 - 1800 RECORDS MANAGEMENT OFFICER # www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER Final, Final AGENDA SOUTHOLD TOWN BOARD March 11, 2014 7:30 PM POLICY: At scheduled Town Board meetings, the attending public is encouraged to briefly address the Town Board relating to agenda resolutions prior to their enactment; the public will also be given time at the conclusion of the regularly scheduled business agenda to address the Board on any given topic. ONLINE ACCESS: The Agenda is generally available the Friday before the meeting. The video of the meeting is usually available 1-2 hours after the meeting. Minutes with adopted resolutions are available 1-2 days after the meeting. A full copy of the minutes, agenda and meeting video can be viewed in one of two ways: (1) The town of Southold website: www.southoldtownny.gov Click on "Town Board On- Line"; Click Box "Yes" to be redirected to IQM2 and you will then be redirected to the Town Clerk online site. (2) www.townclerk.com Enter zip code 11971 in box on lower right hand side and "enter". On the left hand side of screen a dark blue box will pop up, you will see "Town of Southold, Long Island, NY", click on this and another box will pop up that will tell you that you are being directed to another site click on "Yes" to go into the Town Clerk site. Go to the date of the meeting and click on "Minutes Packet" this is the full copy of the resolutions. (Scroll to bottom of page for KEY to symbols). You can view the live video of the meeting by clicking on the camera symbol. All of this information is available 24/7. If you would like help navigating the site, please feel free to call my office 631-765-1800. CALL TO ORDER 7:30 PM Meeting called to order on March 11, 2014 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Present Absent Late Arrived Councilman Robert Ghosio ? ? ? Councilman James Dinizio Jr ? ? ? Councilman William P. Ruland ? ? ? Southold Town Meeting Agenda - March 11, 2014 Page 2 Councilwoman Jill Doherty ? ? ? Justice Louisa P. Evans ? ? ? Supervisor Scott A. Russell ? ? ? 1. REPORTS 1. Board of Town Trustees February 2014 2. Justice Rudolph H. Bruer February 2014 3. Budget November 2013 January 2014 4. Special Projects Coordinator February 2014 5. Dept of Public Works Monthly Report January 2014 6. Building Department January 2014 7. Local Waterfront Revitalization Program 2013 Year End 8. Zoning Board of Appeals February 2014 9. Town Clerk February 2014 10. Program for the Disabled February 2014 IL PUBLIC NOTICES 1. New Liquor License App CJ'S American Grill, 10095 Main Rd., Mattituck 2. Suffolk County Department of Economic Development and Planning Southold Town Meeting Agenda - March 11, 2014 Page 3 re: Suffolk County Shellfish Aquaculture Lease Program in Peconic Bay and Gardiners Bay - review of Shellfish Cultivation Zone. Written comments accepted until April 7, 2014 re: Suffolk County Shellfish Aquaculture Lease Program in Peconic Bay and Gardiners Bay - 2 Public Meetings to review and consider 18 sites identified in Lease applications III. COMMUNICATIONS IV. DISCUSSION 1. 9:00 AM - Jim Bunchuck - Update on Single Stream Recycling, Payloader Rental and Equipment Repair 2. 9:15 AM - Jim McMahon with Missy Weiss, Group for the East End Downs Farm - update on 2013 Programs and 2014 Plans 3. 9:30 AM - Phillip Beltz with Fred Andrews, Housing Advisory Commission Reconsideration of First-Time Homebuyer Exemption of CPF Tax 4. 9:45 AM - Michael Collins and Jamie Richter - Town Hall Bus Shelter 5. 10:00 AM - Heather Lanza and And Don Wilcenski - Harold R. Reeve & Sons Inc., Change of Zone Application 6. Sledzieski Change of Zone 7. New York State Department of State Approval of Town's LWPR Amendments 8. Fundraising and Investment Policies 9. General Discussion: Growing Concern with Churches 10. MTA Road Closures 11. Vacancy in Building Department - Call for List and Set Up Interviews 12. LL/Amendments to Chapter 144, Tents (Public Hearing This Evening) 13. LL/Parking on Village Land and King Street, Orient (Public Hearing This Evening) 14. Executive Session - Labor Matters involving Employment of Particular Persons -Update on CSEA Negotiations 15. Executive Session - Litigation Wildlife Preservation Coalition of Eastern Long Island, et al. v. Town of Southold, et al. 16. Town-Wide Deer Survey Southold Town Meeting Agenda - March 11, 2014 Page 4 V. RESOLUTIONS 2014-224 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated March 11, 2014. ? Vote Record '.Resolution RES 2014224 ? Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled Robert Ghosio ? ? ? ? ? Withdrawn James Dinizio Jr ? ? ? ? ? Supervisor's Appt William P. Ruland ? ? ? ? ? Tax Receiver's Appt - ? Rescinded Jill Doherty ? ? ? ? ? Town Clerk's Appt Louisa P. Evans ? ? ? ? ? Supt Hgwys Appt Scott A. Russell ? ? ? ? ? No Action = ? Lost 2014-225 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Set Next Regular Meeting RESOLVED that the neat Regular Town Board Meeting of the Southold Town Board be held, Tuesday, March 25, 2014 at the Southold Town Hall, Southold, New York at 4:30 P.M.. ? Vote Record '.Resolution RES 2014-225 ? Adopted ? Adopted as Amended Yes/Aye No/Nay Abstain Absent ? Defeated Robert Ghosio ? ? ? ? ? Tabled _ ? Withdrawn James Dinizio Jr ? ? ? ? ? Supervisor's Appt William P. Ruland ? ? ? ? ? Tax Receiver's Appt Jill Doherty ? ? ? ? ? Rescinded Louisa P. Evans ? ? ? ? ? Town Clerk's Appt ? Supt Hgwys Appt Scott A. Russell ? ? ? ? ? No Action ? Lost Southold Town Meeting Agenda - March 11, 2014 Page 5 2014-226 Tabled 212512014 4:30 PM CATEGORY.- Contracts, Lease & Agreements DEPARTMENT: Town Attorney Approve Revised Application for Use of Southold Parks Facilities RESOLVED that the Town Board of the Town of Southold hereby approves the revised "Application for Use of Southold Town Park Facilities" in connection with usage guidelines and fees for Town Park and Recreation properties, which revisions were previously approved by the Town's Parks, Beaches & Recreation Committee. ? Vote Record Resolution RE'S 2014226 ? Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled Robert Ghosio ? ? ? ? ? Withdrawn James Dinizio Jr.... ? ? ? ? ? Supervisor's Appt William P. Ruland ? ? ? ? ? Tax Receiver's Appt ? Rescinded Jill Doherty ? ? ? ? ? Town Clerk's Appt Louisa P. Evans ? ? ? ? ? Supt Hgwys Appt Scot[ A Russell ? ? ? ? ? No Action - ? Lost 2014-227 CATEGORY.- Budget Modification DEPARTMENT: Accounting Establish Capital Budget for RPS Server Upgrade Financial Impact: Create budget for RPS Server Upgrade in Capital Fund WHEREAS the Town Board of the Town of Southold adopted a 2014 Capital Budget which includes a $15,000 appropriation for the RPS Server Upgrade, and WHEREAS the Town's Capital Budget process requires a resolution to formally establish Capital Budget items in the Capital Fund, now therefore be it Southold Town Meeting Agenda - March 11, 2014 Page 6 RESOLVED that the Town Board of the Town of Southold hereby authorizes the establishment of the following Capital Project in the 2014 Capital Fund: Capital Project Name: RPS Server Upgrade Financing Method: Transfer from the General Fund Whole Town Budget: Revenues: H.5031.35 Interfund Transfers $15,000 Total $15,000 Appropriations: H.1680.2.600.500 Data Processing Capital Outlay RPS Server Upgrade $15,000 Total $15,000 ? Vote Record '.Resolution RES 2014-227 ? Adopted ? Adopted as Amended Yes/Aye No/Nay Abstain Absent ? Defeated ? Tabled Robert Ghosio ? ? ? ? ? Withdrawn James Dinizio Jr ? ? ? ? ? Supervisor's Appt William P. Roland ? ? ? ? ? Tax Receiver's Appt ? Rescinded Jill Doherty ? ? ? ? ? Town Clerk's Appt Louisa P. Evans ? ? ? ? ? Supt Hgwys Appt Scott A. Russell ? ? ? ? ? No Action = ? Lost 2014-228 CATEGORY.- Employment - Town DEPARTMENT. Accounting Amend Resolution No. 2014-200 RESOLVED that the Town Board of the Town of Southold hereby amends Resolution No. 2014- 200 dated February 25, 2014 to read as follows: RESOLVED that the Town Board of the Town of Southold hereby appoints Robert C. DeJesus to the position of Automotive Equipment Operator for the Highway Department, effective March 18, 2014, at a rate of $23.133 per hour. ? Vote Record Resolution RES 2014 228 C. ? Adopted........ Yes/Aye No/Nay Abstain Absent . ? Adopted as Amended Southold Town Meeting Agenda - March 11, 2014 Page 7 ? Defeated Robert Ghosio ? ? ? ? ? Tabled James Dinizio Jr ? ? ? ? ? Withdrawn - ? Supervisor's Aptat William P. Roland ? ? ? ? ? Tax Receiver's Appt Jill Doherty ? ? ? ? ? Rescinded Louisa P. Evans ? ? ? ? ? Town Clerk's Appt ? Supt Hgwys Aptat Scott A. Russell ? ? ? ? ? No Action i ? Lost 2014-229 CATEGORY.- Affordable Housing DEPARTMENT. Town Attorney Approve Cottages Resale, 745 Cottage Way, Rose to Hinderliter RESOLVED that the Town Board of the Town of Southold, in accordance with the provisions of Section 280-30(A)(2) of the Town Code and applicable Covenants and Restrictions, hereby approves the sale of the affordable housing unit located at 745 Cottage Way, Mattituck, by Dina Rose to Darren Hinderliter, subject to the approval of the Town Attorney. V Vote Record Resolution RES 2014 229 ? Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled Robert Ghosio ? ? ? ? ? Withdrawn James Dinizio Jr ? ? ? ? ? Supervisor's Aptat William P. Roland ? ? ? ? ? Tax Receiver's Appt - ? Rescinded Jill Doherty ? ? ? ? ? Town Clerk's Aptat Louisa P. Evans ? ? ? ? ? Supt Hgwys Aptat Scott A. Russell ? ? ? ? ? No Action = ? Lost 2014-230 CATEGORY.- Budget Modification DEPARTMENT. Accounting Establish Capital Budget for Clerk's Licensing System Financial Impact: Create budget for Clerk's Licensing System in Capital Fund Southold Town Meeting Agenda - March 11, 2014 Page 8 WHEREAS the Town Board of the Town of Southold adopted a 2014 Capital Budget which includes a $10,760 appropriation for the Clerk's Licensing System, and WHEREAS the Town's Capital Budget process requires a resolution to formally establish Capital Budget items in the Capital Fund, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby authorizes the establishment of the following Capital Project in the 2014 Capital Fund: Capital Project Name: Clerk's Licensing System Financing Method: Transfer from the General Fund Whole Town Budget: Revenues: 115031.10 Interfund Transfers $10,760 Total $10,760 Appropriations: 111680.2.500.150 Data Processing Capital Outlay Clerk's Licensing System $10,760 Total $10,760 ? Vote Record Resolution RFS 201A 230 'J. ? Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled Robert Ghosio ? ? ? ? ? Withdrawn James Dinizio Jr.... ? ? ? ? ? Supervisor's Appt William P. Ruland ? ? ? ? ? Tax Receiver's Appt ? Rescinded Jill Doherty ? ? ? ? ? Town Clerk's Appt Louisa P. Evans ? ? ? ? ? Supt Hgwys Appt Scott A. Russell ? ? ? ? ? No Action ? Lost 2014-231 CATEGORY.- Committee Appointment DEPARTMENT. Town Clerk Appoint Lloyd Reisenberg to Executive Safety & Loss Control Committee RESOLVED the Town Board of the Town of Southold hereby appoints Lloyd Reisenberg to the Southold Town Meeting Agenda - March 11, 2014 Page 9 Executive Safety & Loss Control Committee effective immediately. ? Vote Record Resolnttan RES 2014-231 ? Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled Robert Ghosio ? ? ? ? ? Withdrawn James Dinizio Jr ? ? ? ? ? Supervisor's Appt William P. Ruland ? ? ? ? ? Tax Receiver's Appt ? Rescinded Jill Doherty ? ? ? ? ? Town Clerk's APpt Louisa P. Evans ? ? ? ? ? Supt Hgwys Appt Scott A. Russell ? ? ? ? ? No Action ? Lost 2014-232 CATEGORY: Advertise DEPARTMENT: Town Clerk Advertise for Committee Vacancies RESOLVED the Town Board of the Town of Southold hereby authorizes the Town Clerk to advertise for the resumes for various committees that have vacancies. ? Vote Record '.Resolution RES 2014-232 GG ? Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled Robert Ghosio ? ? ? ? ? Withdrawn James Dinizio Jr ? ? ? ? ? Supervisor's Appt William P. Ruland ? ? ? ? ? Tax Receiver's Appt - ? Rescinded Jill Doherty ? ? ? ? ? Town Clerk's Appt Louisa P. Evans ? ? ? ? ? Supt Hgwys Appt Scott A. Russell ? ? ? ? ? No Action - ? Lost 2014-233 CATEGORY: Attend Seminar DEPARTMENT: Police Dept Southold Town Meeting Agenda - March 11, 2014 Page 10 Police Department - Training Request RESOLVED that the Town Board of the Town of Southold hereby grants permission to Detective Steve Harned to attend the NY/NJ Regional Fugitive Task Force Practical Training from Monday April 7, 2014 through Friday April 11, 2014 in Atlantic City, NJ. There are no expenses related to this training, and any on call time incurred will be a legal charge to the 2014 budget line A.3120.1.100.201 ? Vote Record '.Resolution RES 2014-233 ? Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled Robert Ghosio ? ? ? ? ? Withdrawn James Dinizio Jr ? ? ? ? ? Supervisor's Appt William P. Roland ? ? ? ? ? Tax Receiver's Appt ? Rescinded Jill Doherty ? ? ? ? ? Town Clerk's APPt Louisa P. Evans ? ? ? ? ? Supt Hgwys Appt Scott A. Russell ? ? ? ? ? No Action = ? Lost 2014-234 CATEGORY.- Budget Modification DEPARTMENT: Accounting Rescind 2013 CDBG Budget Modification Financial Impact: Budget modification and projects not submitted to County CDBG office, funds subsequently expended from PCC appropriation. Need to be revisited in 2014. RESOLVED that the Town Board of the Town of Southold hereby rescinds resolution no. 2013-578 which modified the Community Development Block Grant budget as follows. To: CD.8660.D.012.014 Community Development $10,000 From: CD.8660.D.012.013 Peconic Lane Community Center $10,000 ? Vote Record Resolntion RES 2014-234 ? Adopted Yes/Aye No/Nay Abstain Absent ? Adopted as Amended Robert Ghosio ? ? ? ? ? Defeated _ ? Tabled James Dinizio Jr ? ? ? ? ? Withdrawn William P. Roland ? ? ? ? Southold Town Meeting Agenda - March 11, 2014 Page 11 ? Supervisor's Appt Jill Doherty ? ? ? ? ? Tax Receiver's Appt Louisa P. Evans ? ? ? ? ? Rescinded - ? Town Clerk's Appt Scott A. Russell ? ? ? ? ? Supt Hgwys Appt ? No Action ? Lost 2014-235 CATEGORY.- Policies DEPARTMENT. Accounting Amend and Adopt the Investment Policy RESOLVED that the Town Board of the Town Southold, in accordance with Section 39 of the General Municipal Law, hereby amends and adopts the Investment Policy for the Town of Southold dated March 11, 2014. ? Vote Record '.Resolution RES 2014-235 GG ? Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled Robert Ghosio ? ? ? ? ? Withdrawn James Dinizio Jr ? ? ? ? ? Supervisor's Appt William P. Ruland ? ? ? ? ? Tax Receiver's Appt - ? Rescinded Jill Doherty ? ? ? ? ? Town Clerk's Appt Louisa P. Evans ? ? ? ? ? Supt Hgwys Appt Scott A. Russell ? ? ? ? ? No Action ? Lost 2014-236 CATEGORY.- Budget Modification DEPARTMENT. Supervisor CDBG BudgetMod Financial Impact: Due a resolution adopted at this meeting rescinding an earlier budget mod to the CDBG Resolved that the Town Board hereby modifies the Community Development Block Grant Southold Town Meeting Agenda - March 11, 2014 Page 12 budgets as follows: From: CD.8660.C.011.013 Year 37, Peconic Lane Community Center $2270 CD.8660.D.012.013 Year 38, Peconic Lane Community Center $7730 Total $10,000 To: CD.8660.C.011.014 Year 37, Habitat for Humanity $2270 CD.8660.D.012.014 Year 38, Habitat for Humanity $7730 Total $10,000 ? Vote Record Resolution RFS 201A 236 'J. ? Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled Robert Ghosio ? ? ? ? ? Withdrawn James Dinizio Jr.... ? ? ? ? ? Supervisor's Appt William P. Ruland ? ? ? ? ? Tax Receiver's Appt ? Rescinded Jill Doherty ? ? ? ? ? Town Clerk's Appt Louisa P. Evans ? ? ? ? ? Supt Hgwys Appt Scot[ A. Russell ? ? ? ? ? No Action - ? Lost 2014-237 CATEGORY.- Attend Seminar DEPARTMENT. Building Department Training RESOLVED that the Town Board of the Town of Southold hereby grants permission to Building Permits Examiner Patricia Conklin to attend a New York State approved Code Conference in Stony Brook, New York, on March 18, 19 and 20, 2014. In addition, permission is granted to Greenport Village Code Official Eileen Wingate to travel with Patricia Conklin in an authorized Southold Town vehicle. All expenses for registration and travel to be a legal charge to the 2014 Building Department budget (meetings and seminars). Southold Town Meeting Agenda - March 11, 2014 Page 13 ? Vote Record '.Resolution FE52014-237 GG ? Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled Robert Ghosio ? ? ? ? ? Withdrawn James Dinizio Jr ? ? ? ? ? Supervisor's Appt William P. Ruland ? ? ? ? ? Tax Receiver's Appt ? Rescinded Jill Doherty ? ? ? ? ? Town Clerk's Appt Louisa P. Evans ? ? ? ? ? Supt Hgwys Appt Scott A. Russell ? ? ? ? ? No Action - ? Lost 2014-238 CATEGORY.- Attend Seminar DEPARTMENT. Engineering Attend Municipal Officials Conference on Managing Septic Systems RESOLVED that the Town Board of the Town of Southold hereby grants permission to Michael Collins and Jamie Richter to attend the Municipal Officials Conference on Managing Cesspools and Septic Systems to Protect Long Island's Waters in Old Bethpage, NY, on March 25, 2014. All expenses for registration, travel to be a legal charge to the 2014 budget (meetings and seminars). ? Vote Record Resolution RES 2014 238 ? Adopted ? Adopted as Amended Yes/Aye No/Nay Abstain Absent ? Defeated ? Tabled Robert Ghosio ? ? ? ? ? Withdrawn James Dinizio Jr ? ? ? ? ? Supervisor's Appt William P. Ruland ? ? ? ? ? Tax Receiver's Appt ? Rescinded Jill Doherty ? ? ? ? ? Town Clerk's Appt Louisa P. Evans ? ? ? ? ? Supt Hgwys Appt Scott A. Russell ? ? ? ? ? No Action = ? Lost 2014-239 CATEGORY.- Attend Seminar Southold Town Meeting Agenda - March 11, 2014 Page 14 DEPARTMENT: Trustees Board of Trustees Members to Attend Seminar on March 25, 2014 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the following Board of Trustees members, John Bredemeyer, Michael Domino and Charles Sanders to attend the seminar entitled "Municipal Officials Conference, Managing Cesspools and Septic Systems to Protect Long Island's Waters" at the Old Bethpage Village Restoration Visitor Center in Old Bethpage, New York, on Tuesday, March 25, 2014. All expenses for registration and travel to be a legal charge to the 2014 Board of Trustees budget. ? vote Record Resolution RES 2014-239 C. ? Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled Robert Ghosio ? ? ? ? ? Withdrawn James Dinizio Jr.... ? ? ? ? ? Supervisor's Appt William P. Ruland ? ? ? ? ? Tax Receiver's Appt ? Rescinded Jill Doherty ? ? ? ? ? Town Clerk's Appt Louisa P. Evans ? ? ? ? ? Supt Hgwys Appt Scot[ A Russell ? ? ? ? ? No Action - ? Lost 2014-240 CATEGORY.- Budget Modification DEPARTMENT: Accounting 2013 BudgetModification Financial Impact: Provide additional appropiration for FI Harbor Committee Secretary and Police & Fire Retirement RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2013 budget as follows: From: A.1010.1.100.100 Town Board, Regular Earnings $350 A.9030.8.000.000 Social Security Benefits 200 Totals $550 To: A.1010.1.200.100 FI Harbor Committee, PT Regular Earnings $350 A.9015.8.000.000 NYS Police & Fire Retirement 200 Totals $550 Southold Town Meeting Agenda - March 11, 2014 Page 15 ? Vote Record '.Resolution RE52014-240 GG ? Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled Robert Ghosio ? ? ? ? ? Withdrawn James Dinizio Jr ? ? ? ? ? Supervisor's Appt William P. Ruland ? ? ? ? ? Tax Receiver's Appt ? Rescinded Jill Doherty ? ? ? ? ? Town Clerk's Appt Louisa P. Evans ? ? ? ? ? Supt Hgwys Appt Scott A. Russell ? ? ? ? ? No Action - ? Lost 2014-241 CATEGORY.- Budget Modification DEPARTMENT: Accounting 2013 BudgetModification Financial Impact: Provide appropriation for Bay Ave Bridge Project RESOLVED that the Town Board of the Town of Southold hereby modifies the Highway Fund 2013 budget as follows: From: DB.5130.2.300.100 Light Duty Vehicles $8,500 Totals $8,500 To: DB.5120.2.400.100 Bay Ave. Bridge Project $8,500 Totals $8,500 ? Vote Record Resolution RES 2014-241 ? Adopted ? Adopted as Amended Yes/Aye No/Nay Abstain Absent ? Defeated Robert Ghosio ? ? ? ? ? Tabled James Dinizio Jr ? ? ? ? ? Withdrawn _ ? Supervisor's Appt William P. Ruland ? ? ? ? ? Tax Receiver's Appt Jill Doherty ? ? ? ? ? Rescinded Louisa P. Evans ? ? ? ? ? Town Clerk's Appt - ? Supt Hgwys Appt Scott A. Russell ? ? ? ? ? No Action ? Lost Southold Town Meeting Agenda - March 11, 2014 Page 16 2014-242 CATEGORY.- Authorize to Bid DEPARTMENT. Town Clerk Declare Highway Dept Equip. Suplus and Advertise RESOLVED the town board of the Town of Southold hereby declares the following equipment from the Highway Department to be surplus equipment and be it FURTHER RESOLVED the town board authorizes and directs the Town Clerk's Office to advertise for the sale at the minimum prices set forth below for two weeks. All items can be viewed at the highway yard Items: (1) 54-inch Spherical steel mooring buoy Minimum bid $500.00 (4) Large 1950 circa offset "V" plow #1 - Large offset large "V" plow ..............Minimum Bid $225.00 #2 - Large offset large "V" plow ..............Minimum Bid $225.00 #3 - Large offset large "V" plow .............Minimum Bid $225.00 #4 - Large offset large "V" plow ..............Minimum Bid $225.00 ? Vote Record Resolution RES 2014-242 ? Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled Robert Ghosio ? ? ? ? ? Withdrawn James Dinizio Jr.... ? ? ? ? ? Supervisor's Appt William P.Ruland ? ? ? ? ? Tax Receiver's Appt ? Rescinded Jill Doherty ? ? ? ? ? Town Clerk's Appt Louisa P. Evans ? ? ? ? ? Supt Hgwys Appt Scot[ A. Russell ? ? ? ? ? No Action - ? Lost Southold Town Meeting Agenda - March 11, 2014 Page 17 2014-243 CATEGORY.- Bid Acceptance DEPARTMENT. Engineering Amend Resolution 2013-854/Dike Project Contract RESOLVED that the Town Board of the Town of Southold hereby amends Resolution No. 2013-854 dated December 3, 2013 to read as follows: RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Steven M. Mezynieski Inc. to reconstruct the farm dikes/earth berms for the following locations at the indicated amounts: Latham Farm - $374,925.90 Salt Air Farm - $1,023,514.70 Terry Farm - $256,947.50 Wickham Farm - S437,519.20 $473,518.20 for a total project cost not to exceed S2,092,906.30 $2,128,906.30, and be it further RESOLVED that the Town Board hereby authorizes and directs Supervisor Scott A. Russell to sign four (4) separate contracts with Steven M. Mezynieski Inc. for same, subject to the approval of the Town Attorney. ? Vote Record Resolution RES 2014-243 ? Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled Robert Ghosio ? ? ? ? ? Withdrawn James Dinizio Jr ? ? ? ? ? Supervisor's Appt William P. Ruland ? ? ? ? ? Tax Receiver's Appt - ? Rescinded Jill Doherty ? ? ? ? ? Town Clerk's APPt Louisa P. Evans ? ? ? ? ? Supt Hgwys Appt Scott A. Russell ? ? ? ? ? No Action ? Lost Southold Town Meeting Agenda - March 11, 2014 Page 18 2014-244 CATEGORY.- Bid Acceptance DEPARTMENT. Solid Waste Management District Acceptance of Landfill Gas Well Relocation Proposal RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal of Dvirka and Bartilucci Consulting Engineers (D&B) to supply the town with construction and oversight services for the relocation of gas monitoring well # 6 (GMW#6) on the Cutchogue landfill, in accordance with D&B's design specifications as approved by the Town Engineer, at a cost not to exceed $9,900, all in accordance with the Town Attorney. ? Vote Record Resolution RES 2014 244 C. ? Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled Robert Ghosio ? ? ? ? ? Withdrawn James Dinizio Jr ? ? ? ? ? Supervisor's Appt William P. Ruland ? ? ? ? ? Tax Receiver's Appt ? Rescinded Jill Doherty ? ? ? ? ? Town Clerk's Appt Louisa P. Evans ? ? ? ? ? Supt Hgwys Appt Scot[ A. Russell ? ? ? ? ? No Action - ? Lost 2014-245 CATEGORY.- Attend Seminar DEPARTMENT. Building Department Seminar RESOLVED that the Town Board of the Town of Southold hereby grants permission to Chief Building Inspector Michael Verity to attend the Municipal Officials Conference on Managing Cesspools and Septic Systems to Protect Long Island's Waters in Old Bethpage, New York, on March 25, 2014. All expenses for registration and travel to be a legal charge to the 2014 Building Department budget (meetings and seminars). ? Vote Record '.Resolution RES 2014-245 ? Adopted Yes/Aye No/Nay Abstain Absent ? Adopted as Amended = Robert Ghosio ? ? ? ? ? Defeated _ ? Tabled James Dinizio Jr.... ? ? ? ? ? Withdrawn William P. Ruland ? ? ? ? ? Supervisor's Appt - Jill Doherty ? ? ? ? ? Tax Receiver's Appt ? Rescinded Louisa P. Evans ? ? ? ? Southold Town Meeting Agenda - March 11, 2014 Page 19 ? Town Clerk's Aptat Scott A. Russell ? ? ? ? ? Supt Hgwys Aptat ? No Action ? Lost 2014-246 CATEGORY.- Bid Acceptance DEPARTMENT. Solid Waste Management District Accept DSW Bid for Trailer RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of White Post Wholesale Growers for the 2004 Steco Walking Floor Trailer in the amount of $30,165.00, all in accordance with the Town Attorney. ? Vote Record '.Resolution RE52014-246 GG ? Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled Robert Ghosio ? ? ? ? ? Withdrawn James Dinizio Jr ? ? ? ? ? Supervisor's Appt William P. Ruland ? ? ? ? ? Tax Receiver's Aptat - ? Rescinded Jill Doherty ? ? ? ? ? Town Clerk's Aptat Louisa P. Evans ? ? ? ? ? Supt Hgwys Aptat Scott A. Russell ? ? ? ? ? No Action ? Lost 2014-247 CATEGORY.- Employment - Town DEPARTMENT. Accounting Appoint Thomas J. Smith Automotive Mechanic X RESOLVED that the Town Board of the Town of Southold hereby appoints Thomas J. Smith to the position of an Automotive Mechanic III for the Highway Department, effective March 31, 2014, at a rate of $25.9172 per hour. ? Vote Record '.Resolution FE52014-247 GG ? Adopted Yes/Aye No/Nay Abstain Absent ? Adopted as Amended = Robert Ghosio ? ? ? ? ? Defeated Southold Town Meeting Agenda - March 11, 2014 Page 20 ? Tabled James Dinizio Jr ? ? ? ? ? Withdrawn William P. Ruland ? ? ? ? ? Supervisor's Appt ? Tax Receiver's Appt Jill Doherty ? ? ? ? ?Rescinded Louisa P. Evans ? ? ? ? ? Town Clerk's Appt - Scott A Russell ? ? ? ? ? Supt Hgwys Appt - ? No Action ? Lost 2014-248 CATEGORY.- Contracts, Lease & Agreements DEPARTMENT. Town Attorney Operation Shield Contract WISuffolk County Sheriffs Office RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Consultant/Personal Services Contract between the Town of Southold and the County of Suffolk, acting through its duly constituted Sheriff s Office, in connection with the NYS Office of Homeland Security Grant Program regarding pass-through grant funds in the sum of $40,000.00 for Operation Shield administered by the Suffolk County Sheriff's Office in partnership with the East End Marine Task Force, for the term commencing on March 1, 2014 and ending on July 11, 2014, at a cost not to exceed $2,243.00, subject to the approval of the Town Attorney. ? Vote Record Resolution RES 2014 248 C. ? Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled Robert Ghosio ? ? ? ? ? Withdrawn James Dinizio Jr ? ? ? ? ? Supervisor's Appt William P. Ruland ? ? ? ? ? Tax Receiver's Appt ? Rescinded Jill Doherty ? ? ? ? ? Town Clerk's Appt Louisa P. Evans ? ? ? ? ? Supt Hgwys Appt Scott A. Russell ? ? ? ? ? No Action ? Lost 2014-249 CATEGORY.- Budget Modification DEPARTMENT. Community Development Southold Town Meeting Agenda - March 11, 2014 Page 21 Downs Farm Improvements & Programs Financial Impact: Special Recreation - Park & Playground Funds RESOLVED that the Town Board of the Town of Southold hereby modifies the 2014 General Fund Whole Town budget as follows: To Revenues: A.2025.00 Special Recreation Facility Park & Recreation $5,000 Appropriations: A.1620.2.500.830 Downs Farm Preserve $5,000 ? Vote Record Resolution REs 2014-249 ? Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled Robert Ghosio ? ? ? ? ? Withdrawn James Dinizio Jr ? ? ? ? ? Supervisor's Appt William P. Ruland ? ? ? ? ? Tax Receiver's Appt _ ? Rescinded Jill Doherty ? ? ? ? ? Town Clerk's APPt Louisa P. Evans ? ? ? ? ? Supt Hgwys Appt Scott A. Russell ? ? ? ? ? No Action = ? Lost 2014-250 CATEGORY.- Policies DEPARTMENT. Town Attorney Adopt Policy for Fundraising and Gifts to the Town RESOLVED that the Town Board of the Town of Southold hereby adopts the Town of Southold "Policy for Fundraising by Agencies and Committees of the Town and Gifts to the Town", effective immediately, and directs the Accounting Department to distribute copies of the Policy to the Chairpersons of all Town Committees and to all Department Heads for distribution to their members/staff. ? Vote Record Resolution RFS 2014 250 'J. ? Adopted Yes/Aye No/Nay Abstain Absent ? Adopted as Amended Robert Ghosio ? ? ? ? ? Defeated _ ? Tabled James Dinizio Jr ? ? ? ? ? Withdrawn William P. Ruland ? ? ? ? Southold Town Meeting Agenda - March 11, 2014 Page 22 ? Supervisor's Appt Jill Doherty ? ? ? ? ? Tax Receiver's Appt Louisa P. Evans ? ? ? ? ? Rescinded - ? Town Clerk's Appt Scott A. Russell ? ? ? ? ? Supt Hgwys Appt ? No Action ? Lost 2014-251 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Agreement W/SC Office forAging - CSEResidential Repair Program RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Agreement between the Town of Southold and the Suffolk County Office for the Aging for community services for the Elderly Residential Repair Program for the period April 1, 2014 through March 31, 2015, at no cost to the Town, subject to the approval of the Town Attorney. ? Vote Record Resolution RES 2014 251 C. ? Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled Robert Ghosio ? ? ? ? ? Withdrawn James Dinizio Jr ? ? ? ? ? Supervisor's Appt William P. Ruland ? ? ? ? ? Tax Receiver's Appt ? Rescinded Jill Doherty ? ? ? ? ? Town Clerk's Appt Louisa P. Evans ? ? ? ? ? Supt Hgwys Appt - Scott A. Russell ? ? ? ? ? No Action ? Lost 2014-252 CATEGORY: Litigation DEPARTMENT: Town Attorney Authorize Settlement of Haas Litigation RESOLVED that the Town Board of the Town of Southold hereby authorizes the settlement of the litigation entitled "Katherine A. Haas v. Town of Southold, et al.", and further authorizes Southold Town Meeting Agenda - March 11, 2014 Page 23 Martin D. Finnegan, Town Attorney, to execute the Stipulation of Settlement, subject to the approval of the Town Attorney, the proceeds of which will be funded by the Risk Retention Fund under appropriation number CS. 1910.4.300.800. ? Vote Record Resolution RES 2014-252 ? Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled Robert Ghosio ? ? ? ? ? Withdrawn James Dinizio Jr ? ? ? ? ? Supervisor's Appt William P. Ruland ? ? ? ? ? Tax Receiver's Appt - ? Rescinded Jill Doherty ? ? ? ? ? Town Clerk's Appt Louisa P. Evans ? ? ? ? ? Supt Hgwys Appt Scott A. Russell ? ? ? ? ? No Action ? Lost 2014-253 CATEGORY.- Budget Modification DEPARTMENT. Accounting BudgetModification for GIS Implementation Project Financial Impact: Additional monies needed for larger server and additional licenses RESOLVED that the Town Board of the Town of Southold hereby modifies the 2014 Budget as follows: General Fund Whole Town From: A.1990.4.100.100 Unallocated Contingencies $2,500 To: A.9901.9.000.100 Transfer to Capital Fund $2,500 Capital Fund Increase Revenues: H.5031.10 Interfund Transfers $2,500 Increase Appropriations: H.1680.2.200.600 GIS Implementation Project $2,500 Southold Town Meeting Agenda - March 11, 2014 Page 24 ? Vote Record '.Resolution RE52014-253 GG ? Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled Robert Ghosio ? ? ? ? ? Withdrawn James Dinizio Jr ? ? ? ? ? Supervisor's Appt William P. Ruland ? ? ? ? ? Tax Receiver's Appt ? Rescinded Jill Doherty ? ? ? ? ? Town Clerk's Appt Louisa P. Evans ? ? ? ? ? Supt Hgwys Appt Scott A. Russell ? ? ? ? ? No Action - ? Lost 2014-254 CATEGORY.- Attend Seminar DEPARTMENT. Public Works Tim Abrams Seminar RESOLVED that the Town Board of the Town of Southold hereby grants permission to Tim Abrams to attend a seminar on Contractor Training in Northvale, New Jersey, on March 20, 2014, and be it further RESOLVED that Tim Abrams also be granted permission to attend an Energy Efficiency Trade Show in Riverhead, New York, on April 22, 2014. All expenses for registration, travel to be a legal charge to the 2014 budget meetings and seminars). ? Vote Record Resolution RFS 201A 254 'J. ? Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled Robert Ghosio ? ? ? ? ? Withdrawn James Dinizio Jr ? ? ? ? ? Supervisor's Appt William P. Ruland ? ? ? ? ? Tax Receiver's Appt ? Rescinded Jill Doherty ? ? ? ? ? Town Clerk's APpt Louisa P. Evans ? ? ? ? ? Supt Hgwys Appt Scott A. Russell ? ? ? ? ? No Action = ? Lost Southold Town Meeting Agenda - March 11, 2014 Page 25 2014-255 CATEGORY.- Employment - Town DEPARTMENT. Town Clerk Amend Reso 2014-218, Bergen's Term as Trustee RESOLVED the Town Board of the Town of Southold hereby amends Resolution No. 2014-218 extending the appointment of Trustee David Bergen to December 31, 2014 as follows: RESOLVED that the Town Board of the Town of Southold hereby appoints Dave Bergen to the position of Town Trustee, filling the unexpired term of Bob Ghosio, Jr., effective February 26, 2014 until smPh timP, as thP, 70 1^ Apse4iF)n - lts a-p, °-°°i'ahl December 31, 2014. ? Vote Record '.Resolution RES 2014-255 ? Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled Robert Ghosio ? ? ? ? ? Withdrawn James Dinizio Jr ? ? ? ? ? Supervisor's Appt William P. Roland ? ? ? ? ? Tax Receiver's Appt ? Rescinded Jill Doherty ? ? ? ? ? Town Clerk's Appt Louisa P. Evans ? ? ? ? ? Supt Hgwys Appt Scot[ A Russell ? ? ? ? ? No Action - ? Lost 2014-256 CATEGORY.- Employment - Town DEPARTMENT. Accounting Accepts the Resignation of Jennifer A. Andaloro RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Jennifer A. Andaloro from the position of Assistant Town Attorney for the Town Attorney's Office effective close of business March 20, 2014 and further authorizes the Town Clerk to advertise for candidates for this position. ? Vote Record '.Resolution RES 2014256 ? Adopted Yes/Aye No/Nay Abstain Absent ? Adopted as Amended Robert Ghosio ? ? ? ? ? Defeated James Dinizio Jr ? ? ? ? ? Tabled ? Withdrawn William P. Roland ? ? ? ? ? Supervisor's Appt Jill Doherty ? ? ? ? Southold Town Meeting Agenda - March 11, 2014 Page 26 ? Tax Receiver's Aptat Louisa P. Evans ? ? ? ? ? Rescinded Scott A. Russell ? ? ? ? ? Town Clerk's Appt ? Supt Hgwys Aptat ? No Action ? Lost 2014-257 CATEGORY: Seqra DEPARTMENT: Town Attorney SEQRA LLIParlcing Restrictions on Village Lane & King Street, Orient RESOLVED that the Town Board of the Town of Southold hereby determines that the proposed Local Law entitled "A Local Law in Relation to Amendments to Chapter 260, Vehicles and Traffic, in connection with Parking Restrictions on Village Lane and King Street in the hamlet of Orient" is classified as a Type II action pursuant to SEQRA rules and regulations, and is not subject to further review under SEQRA, and is consistent with the LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. ? Vote Record '.Resolution RE52014-257 GG ? Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled Robert Ghosio ? ? ? ? ? Withdrawn James Dinizio Jr ? ? ? ? ? Supervisor's Appt William P. Ruland ? ? ? ? ? Tax Receiver's Aptat - ? Rescinded Jill Doherty ? ? ? ? ? Town Clerk's Aptat Louisa P. Evans ? ? ? ? ? Supt Hgwys Aptat Scott A. Russell ? ? ? ? ? No Action ? Lost 2014-258 CATEGORY: Seqra DEPARTMENT: Town Attorney SEQRA LLIAmends. Chapter 144, Tents RESOLVED that the Town Board of the Town of Southold hereby determines that the proposed Local Law entitled "A Local Law in Relation to Amendments to Chapter 144, Fire Prevention Southold Town Meeting Agenda - March 11, 2014 Page 27 and Building Code Administration, in connection with Tents" is classified as a Type II action pursuant to SEQRA rules and regulations, and is not subject to further review under SEQRA, and is consistent with the LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. ? Vote Record Resolution RFS 201A 258 'J. ? Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled Robert Ghosio ? ? ? ? ? Withdrawn James Dinizio Jr ? ? ? ? ? Supervisor's Appt William P. Ruland ? ? ? ? ? Tax Receiver's Appt ? Rescinded Jill Doherty ? ? ? ? ? Town Clerk's APPt Louisa P. Evans ? ? ? ? ? Supt Hgwys Appt Scott A. Russell ? ? ? ? ? No Action ? Lost 2014-259 CATEGORY.- Enact Local Law DEPARTMENT. Town Clerk Enact LL WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the l 1th day of February 2014, a Local Law entitled "A Local Law in relation to Amendments to Chapter 260, Vehicles and Traffic, in connection with Parking Restrictions on Village Lane and King Street in the hamlet of Orient" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, Now therefor be it RESLOVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 260, Vehicles and Traffic, in connection with Parking Restrictions on Village Lane and King Street in the hamlet of Orient" reads as follows: LOCAL LAW NO. 2014 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 260, Vehicles and Traffic, in connection with Parking Restrictions on Village Lane and King Street in the hamlet of Orient". Southold Town Meeting Agenda - March 11, 2014 Page 28 BE IT ENACTED by the Town Board of the Town of Southold as follows: L Purpose. The purpose of this local law is to improve safety for emergency vehicles, pedestrians and passenger vehicles, as well as dealing with impacts to the public's health, safety and welfare resulting from vehicle parking and standing on a portion of Village Lane and a portion of King Street in the hamlet of Orient. II. Chapter 260 of the Code of the Town of Southold is hereby amended as follows: §260-8. Parking prohibited at all times. The parking of vehicles is hereby prohibited at all times in any of the following locations and at any other location where signage indicates "no parking": Name of Street Side Location Village Lane East At Orient, oefaaeenNNlev vR ate Rettl-e ~c and Orphard o+ from the point 170 feet south of the intersection of Village Lane and the southwesterly corner of Fletcher Street and extending to the terminus of Village Lane at the intersection with King Street Name of Street Side Location King Street North At Orient, from the intersection of King Street and Village Lane to the intersection of King Street and Willow Terrace Lane III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ? Vote Record Resolution RES 2014-259 ? Adopted Yes/Aye No/Nay Abstain Absent ? Adopted as Amended = Robert Ghosio ? ? ? ? ? Defeated _ ? Tabled James Dinizio Jr ? ? ? ? ? Withdrawn William P. Ruland ? ? ? ? ? supervisor's Appt = Jill Doherty ? ? ? ? ? Tax Receiver's Appt ? Rescinded Louisa P. Evans ? ? ? ? Southold Town Meeting Agenda - March 11, 2014 Page 29 ? Town Clerk's Appt Scott A. Russell ? ? ? ? ? Supt Hgwys Appt ? No Action ? Lost 2014-260 CATEGORY.- Enact Local Law DEPARTMENT. Town Clerk Enact LL Regarding Tents WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 11th day of February, 2014, a Local Law entitled "A Local Law in relation to Amendments to Chapter 144, Fire Prevention and Building Code Administration, in connection with Tents" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 144, Fire Prevention and Building Code Administration, in connection with Tents" reads as follows: LOCAL LAW NO. 2014 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 144, Fire Prevention and Building Code Administration, in connection with Tents". BE IT ENACTED by the Town Board of the Town of Southold as follows: L Purpose. The purpose of these Amendments is to protect the health, safety and wellbeing of the residents and general public at special events or gatherings where tent(s) are needed to protect those in attendance from the elements. II. Chapter 144 of the Code of the Town of Southold is hereby amended as follows: §144-3. Administration and enforcement officers designated; definitions. D. As used in this ehaptef, the fellewing tefms shall ha-ve the Meanings indie Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Anv word or term not noted below shall be used with a meaning as defined in Webster's Third International Southold Town Meeting Agenda - March 11, 2014 Page 30 Dictionary of the English Language, unabridged (or latest edition). CANOPY - See Tent. TENT - A structure, enclosure or shelter, including structures open without sidewalls or sidewalls that drop on 75 percent or more of the perimeter, constructed of fabric or pliable material supported by any manner except by air or the contents it protects. §144-6. Inspections required. C. Inspection of tents. (1) The Building Inspector or Code Enforcement Official shall perform inspections on tents prior to the event for which the tent is to be used. Tents must comply with all requirements of the New York State Building Code, and the following standards: (a) Sufficient exiting to a public way. (b) Tents over 200 square feet shall be made of flame resistant materials. A certificate attesting to that fact shall be available on site for inspection. (c) All electrical supply shall be ground fault interrupted (GFI) at the source. (d) Tent stakes shall be capped or covered in such a way to present no hazard to the public. (e) No cooking shall be allowed under the tent. (fl All exiting aisles shall be maintained at a minimum of six (6) feet wide. (g) If the event under the tent is conducted after sunset, illuminated exit signs and emergency exit lighting shall be provided. The lighting shall be on a separate circuit. (h) Guy ropes shall not pass through exit paths unless maintained more than seven (7) feet above grade. Tent stakes shall not be in exit paths. (i) Fire extinguishers as required by New York State Building Code and the Town Building Inspector/Code Enforcement Official shall be provided. (2) A tent permit may be revoked by the Building Inspector or Code Enforcement Official, if, upon inspection, it is determined that the tent does not comply with any of the standards set forth in Section 144-6(C)(1) above or if the tent is used in violation of the provisions of Section 144-8. §144-8. Building permit required; application for permit. A. Building permit/tent permit required prior to commencement; exceptions. (2) No tent shall be erected on any property except properties wherein the primary use is a single family dwelling unless a permit has been issued by the Building Department. Tents may be erected for protection from the elements for Special Events or for temporary activities that are a permitted use of the premises in accordance with the Town Code and the approved site plan for the premises subject to the following standards: Southold Town Meeting Agenda - March 11, 2014 Page 31 (a) Tents should be removed as promptly as possible after the event has concluded. (b) The duration of a tent permit shall be determined by the Building Inspector or Code Enforcement Official up to a maximum duration of thirty (30) days. (c) A tent permit shall not issue if the parcel has an open building permit or is the subject of a pending site plan review or the property is subject to pending Town Code violation(s). (d) A permit is required from the State of New York for tents with an occupancy of 300 or more unless owned, leased, or operated by a bona fide religious, charitable, educational, fraternal, service, veteran, or volunteer fire organization. (2)(3) The exemption from the requirement to obtain a building permit for work in any category set forth in Subsection A(1) of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code. All work, structures and buildings must comply with the provisions of Chapter 280, Zoning, of the Southold Town Code. K. Permit fees. (1) The following fees shall be paid upon the filing of an application with the Building Inspector for a building permit, which fees shall be paid into the general fund if the application is approved or returned to the applicant if the application is denied: The permit fee for tents shall be $50 per permit. §144-20. Compliance required; penalties for offenses. C. It shall be unlawful for any person, firm or corporation to erect a tent in violation of the provisions of this chapter, or to fail in any manner to comply with a notice, directive or order of the Building Inspector or Code Enforcement Official; the owner, occupant, or their agents or other person who commits any such offense shall, upon first conviction thereof, be guilty of a violation punishable by a fine not to exceed $1,000. Each day on which such violation shall occur shall constitute a separate, additional offense. For a second and subsequent conviction within 36 months thereafter, such person shall be guilty of a violation punishable by afine not to exceed $2,500. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Southold Town Meeting Agenda - March 11, 2014 Page 32 ? Vote Record '.Resolution RE52014-260 GG ? Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled Robert Ghosio ? ? ? ? ? Withdrawn James Dinizio Jr ? ? ? ? ? Supervisor's Appt William P. Ruland ? ? ? ? ? Tax Receiver's Appt ? Rescinded Jill Doherty ? ? ? ? ? Town Clerk's Appt Louisa P. Evans ? ? ? ? ? Supt Hgwys Appt Scot[ A. Russell ? ? ? ? ? No Action - ? Lost PUBLIC HEARINGS 38. PH 3/11/14 @ 7:32 PM/LL Parking on Village Lane, Orient 39. PH 3/11/14 @ 7:34 PM/LL Tents