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Home My WebLink AboutTB-03/11/2014 ELIZABETH A. NEVILLE �pSOFFOI fl' Town Hall, 53095 Main Road TOWN CLERK foo ooy� PO Box 1179 59 Southold,NY 11971 REGISTRAR OF VITAL STATISTICS o Fax(631)765-6145 MARRIAGE OFFICER y�Yp!# �yo� Telephone: (631)765 - 1800 RECORDS MANAGEMENT OFFICER southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING March 11, 2014 7:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, March 11, 2014 at the Meeting Hall, Southold,NY. Call to Order 7:30 PM Meeting called to order on March 11, 2014 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Organization Title Status Arrived Robert Ghosio Town of Southold Councilman Present James Dinizio Jr Town of Southold Councilman Present William P. Ruland Town of Southold Councilman Present Jill Doherty Town of Southold Councilwoman 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. Finnegan Town of Southold Town Attorney Present I. Reports 1. Board of Town Trustees 2. Justice Rudolph H. Bruer 3. Budget 4. Special Projects Coordinator 5. Dept of Public Works Monthly Report 6. Building Department 7. Local Waterfront Revitalization Program 8. Zoning Board of Appeals Southold Town Board Meeting Page 2 March 11, 2014 9. Town Clerk 10. Program for the Disabled II. Public Notices 1. New Liquor License App 2. Suffolk County Department of Economic Development and Planning 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 3. 9:30 AM- Phillip Beltz with Fred Andrews,Housing Advisory Commission 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. Supervisor Scott A. Russell prsent at 10:42AM 10. General Discussion: Growing Concern with Churches 11. MTA Road Closures 12. Town-Wide Deer Survey 13. Vacancy in Building Department - Call for List and Set Up Interviews 14. LL/Amendments to Chapter 144, Tents (Public Hearing This Evening) 15. LL/Parking on Village Land and King Street, Orient (Public Hearing This Evening) Southold Town Board Meeting Page 3 March 11, 2014 16. Motion To: Motion to Enter Executive RESOLVED that the Town Board of the Town of Southold hereby Enter into Executive Session at 11:43AM for the purpose of discussing the following matters: Employment of a particular person(s) Update on CSEA; PBA Litigation: Wildlife Preservation Coalition of Eastern Long Island, et al v. Town of Southold, et al. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell 17. Executive Session - Labor 18. Executive Session - Litigation 19. Motion To: Motion to Exit Executive RESOLVED that the Town Board of the Town of Southold hereby Exit/Recess from this Executive Session at 12:47PM. RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER:Louisa P. Evans, Justice AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell 20. Motion To: Break RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Robert Ghosio, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell 21. Motion To: Motion to Enter Executive RESOLVED that the Town Board of the Town of Southold hereby Enter into Executive Session at 2:08PM for the purpose of discussing the following matters: Matters relating to the employment of a particular person (s) RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell 22. Motion To: Motion to Exit Executive RESOLVED that the Town Board of the Town of Southold hereby Exit/Recess from this Executive Session at 2:29PM. Southold Town Board Meeting Page 4 March 11, 2014 RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell 23. 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 Regular 4:30PM Meeting of the Southold Town Board. RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER:Jill Doherty, Councilwoman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Motion To: Reconvenes 9:00 AM meeting RESOLVED that the Town Board of the Town of Southold hereby reconvenes the 9:00 AM meeting of the Southold Town Board at 7:30 PM at this 7:30PM Regular Meeting of the Southold Town Board. RESULT: ADOPTED [UNANIMOUS] MOVER: Scott A. Russell, Supervisor SECONDER:William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Opening Comments Supervisor Russell SUPERVISOR RUSSELL: Please rise and join in the Pledge of Allegiance to the Flag. Thank you. Would anyone like to address the Town Board on any of the agenda items, to please feel free? Yes? RICHARD GILLOOLY: My name is Richard Gillooly, I am a(inaudible) SUPERVISOR RUSSELL: Actually, Richard, actually I should have clarified, what we are going to do is in a few minutes we are going to recess and have a public hearing on the issue of parking/no parking out there. Okay, we will get some business done and then we will get right to it. 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. Southold Town Board Meeting Page 5 March 11, 2014 ✓Vote Record-Resolution RES-2014-224 0 Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter El ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Roland Voter ❑ ❑ El ❑ ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter El ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-225 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, Tuesday, March 25, 2014 at the Southold Town Hall, Southold,New York at 4:30 P.M.. ✓Vote Record-Resolution RES-2014-225 0 Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Voter 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-226 Tabled 2/25/2014 4.•30 PM CATEGORY.• Contracts, Lease&Agreements DEPARTMENT. Town Attorney Approve Revised Application for Use of Southold Parks Facilities Southold Town Board Meeting Page 6 March 11, 2014 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 RES-2014-226 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Robert Ghosio Voter D ❑ ❑ ❑ ❑ Withdrawn - ❑ Supervisor's Appt James Dinizio Jr Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Voter El ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 10 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder 10 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter M ❑ ❑ ❑ ❑ 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 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: Southold Town Board Meeting Page 7 March 11, 2014 H.1680.2.600.500 Data Processing Capital Outlay RPS Server Upgrade $15,000 Total $15,000 ✓Vote Record-Resolution RES-2014-227 0 Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn Robert Ghosio Voter p ❑ ❑ p ❑ Supervisor's Appt James Dinizio Jr Voter p ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Roland Seconder El ❑ ❑ ❑ ❑ Rescinded Jill Doherty Mover El ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter p ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter p ❑ ❑ ❑ ❑ 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 El Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn Robert Ghosio Voter p ❑ ❑ p ❑ Supervisor's Appt .lames Dinizio Jr Voter El ❑ ❑ p ❑ Tax Receiver's Appt William P.Ruland Mover p ❑ ❑ ❑ ❑ Rescinded .till Doherty Seconder p ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter p ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter p ❑ ❑ ❑ ❑ No Action 0 Lost Southold Town Board Meeting Page 8 March 11, 2014 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. ✓Vote Record-Resolution RES-2014-229 El Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn Robert Ghosio Seconder ❑ ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter El ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Voter p ❑ ❑ ❑ Rescinded Jill Doherty Voter p ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter El ❑ ❑ ❑ ❑ 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 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 Proiect in the 2014 Capital Fund: Southold Town Board Meeting Page 9 March 11, 2014 Capital Project Name: Clerk's Licensing System Financing Method: Transfer from the General Fund Whole Town Budget: Revenues: H.5031.10 Interfund Transfers $10,760 Total $10,760 Appropriations: H.1680.2.500.150 Data Processing Capital Outlay Clerk's Licensing System $10,760 Total $10,760 ,/Vote Record-Resolution RES-2014-230 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Mover D ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter El ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Roland Voter 0 ❑ ❑ ❑ Rescinded Jill Doherty Voter 0 ❑ 0 ❑ Town Clerk's Appt Louisa P.Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter D ❑ ❑ ❑ ❑ 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 Executive Safety & Loss Control Committee effective immediately. ✓Vote Record-Resolution RES-2014-231 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Tabled James Dinizio Jr Mover 0 ❑ ❑ ❑ ❑ Withdrawn William P.Ruland Seconder 0 ❑ ❑ ❑ ❑ Supervisor's Appt All Doherty Voter D ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P.Evans Voter D ❑ ❑ ❑ 0 Rescinded Scott A.Russell Voter D 0 0 0 Southold Town Board Meeting Page 10 March 11, 2014 ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ 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 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter ❑ ❑ p ❑ Supervisor's Appt James Dinizio Jr Voter EI ❑ ❑ !p ❑ Tax Receiver's Appt William P.Ruland Seconder D ❑ ❑ ❑ ❑ Rescinded Jill Doherty Mover D ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter p ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter p ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-233 CATEGORY. Attend Seminar DEPARTMENT: Police Dept 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 0 Adopted Yes/Aye No/Nay Abstain Absent 0 Adopted as Amended Robert Ghosio Voter 0 ❑ ❑ 0 Southold Town Board Meeting Page 11 March 11, 2014 ❑ Defeated ,lames Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tabled William P.Ruland Mover 0 ❑ p ❑ ❑ Withdrawn Jill Doherty Voter D ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P.Evans Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A.Russell Voter El ❑ ❑ ❑ ❑ Rescinded - ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ 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-Resolution RES-2014-234 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Seconder 0 ❑ ❑ ❑ Supervisor's Appt James Dinizio.Ir Voter El ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Voter 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Mover D ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter El ❑ ❑ ❑ ❑ No Action 0 Lost Southold Town Board Meeting Page 12 March 11, 2014 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 0 Adopted ❑ Adopted as Amended ❑ Defeated - Yes/Aye No/Nay Abstain Absent ❑ Tabled .. ❑ Withdrawn Robert Ghosio Mover D ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Voter El ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder El ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-236 CATEGORY.• Budget Modification DEPARTMENT. Supervisor CDBG Budget Mod 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 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: Southold Town Board Meeting Page 13 March 11, 2014 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 RES-2014-236 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Robert Ghosio Voter ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt James Dinizio Jr Mover D ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Voter D ❑ ❑ ❑ Jill Doherty Seconder. 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt Louisa P.Evans Voter D ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter D ❑ ❑ ❑ ❑ 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). ✓Vote Record-Resolution RES-2014-237 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Robert Ghosio Voter D ❑ ❑ ❑ ❑ Withdrawn James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P.Ruland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Rescinded Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A.Russell Voter D ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action ❑ Lost Southold Town Board Meeting Page 14 March 11, 2014 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 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Robert Ghosio Voter El ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Mover 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder. 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-239 CATEGORY. Attend Seminar DEPARTIWENT: 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 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Southold Town Board Meeting Page 15 March 11, 2014 ❑ Defeated Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Tabled James Dinizio Jr Voter 21 ❑ ❑ ❑ ❑ Withdrawn William P.Ruland Voter Rl ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty Voter El ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P.Evans Mover 0 ❑ ❑ ❑ ❑ Rescinded Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2014-240 CATEGORY. Budget Modification DEPARTMENT: Accounting 2013 Budget Modification 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 ✓Vote Record-Resolution RES-2014-240 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Robert Ghosio Mover 21 ❑ ❑ ❑ ❑ Withdrawn James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P.Roland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Louisa P.Evans Seconder 21 ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A.Russell Voter D ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action 0 Lost Southold Town Board Meeting Page 16 March 11, 2014 2014-241 CATEGORY.• Budget Modification DEPARTMENT: Accounting 2013 Budget Modification 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 El Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn Robert Ghosio Voter p 0 ❑ ❑ Supervisor's Appt James Dinizio Jr Mover El ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Voter El 0 0 0 ❑ Rescinded Jill Doherty Voter p ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder El ❑ p 0 ❑ Supt Hgwys Appt Scott A.Russell Voter El ❑ ❑ 0 ❑ No Action ❑ Lost Comment regarding resolution 241 SUPERVISOR RUSSELL: Let me just say before we take a vote on that, this Bay Avenue bridge is in East Marion is in very poor condition, it poses a public safety risk if not attended to. I want to thank Councilwoman Doherty who has taken this issue and keeps moving it forward. I am sure, I have no doubt she will see it to a very successful conclusion. 2014-242 Southold Town Board Meeting Page 17 March 11, 2014 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 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Roland Seconder 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter El ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost Comment regarding resolution 242 SUPERVISOR RUSSELL: None of my business but how did you guys end up with a mooring buoy at the Highway Department? 2014-243 CATF_GOR Y. Bid Acceptance Southold Town Board Meeting Page 18 March 11, 2014 DEPARTHENT. 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- $437,518.20 $473,518.20 for a total project cost not to exceed $2,092,906 $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 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter ❑ ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter El ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Mover Rl ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter Rl ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder 10 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter Rl ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-244 CA TF.GORY. Bid Acceptance DEPAR TA1EtN'T. Solid Waste Management District Southold Town Board Meeting Page 19 March 11, 2014 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 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Withdrawn James Dinizio Jr Voter ❑ ❑ ❑ ❑ Supervisor's Appt ❑ Tax Receiver's Appt William P.Ruland Voter 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Mover0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ 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 0 Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Tabled James Dinizio Jr Voter D ❑ ❑ ❑ ❑ Withdrawn William P.Ruland Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ Louisa P.Evans Seconder D ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt Scott A.Russell Voter El ❑ ❑ ❑ ❑ Supt Hgwys Appt 0 No Action Southold Town Board Meeting Page 20 March 11, 2014 ❑ 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 RES-2014-246 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Roland Seconder 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ No Action ❑ Lost 2014-247 CATEGORY.• Employment-Town DEPARTMENT.• Accounting Appoint Thomas J. Smith Automotive Mechanic III 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 RES-2014-247 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Defeated James Dinizio Jr Voter 0 ❑ ❑ p ❑ Tabled William P.Ruland Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Jill Doheny Mover Rl ❑ ❑ ❑ 0 Supervisor's Appt Louisa P.Evans Voter 0 0 0 0 Southold Town Board Meeting Page 21 March 11, 2014 ❑ Tax Receiver's Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2014-248 CATEGORY.• Contracts,Lease&Agreements DEPARTMENT: Town Attorney Operation Shield Contract W/Suffolk 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 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Mover 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Seconder El ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-249 CATEGORY: Budget Modification DEPARTMENT. Community Development Downs Farm Improvements &Programs Financial Impact: Southold Town Board Meeting Page 22 March 11, 2014 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 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent 11 Tabled ❑ Withdrawn Robert Ghosio Seconder El ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter Rl ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Roland Voter Q ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter El ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Mover El ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter D ❑ ❑ ❑ ❑ 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 RES-2014-250 ❑ Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated Robert Ghosio Mover D ❑ ❑ ❑ ❑ Tabled .lames Dinizio Jr Voter p ❑ ❑ ❑ ❑ Withdrawn William P.Ruland Voter p ❑ ❑ ❑ ❑ Supervisor's Appt AN Doherty Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P.Evans Seconder El ❑ ❑ ❑ 11 Rescinded Scott A.Russell Voter El 0 0 0 Southold Town Board Meeting Page 23 March 11, 2014 ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2014-251 CATEGORY. Contracts, Lease&Agreements DEPARTMENT: Town Attorney Agreement W/SC Office for Aging- CSE Residential 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 theapproval of the Town Attorney. ✓Vote Record-Resolution RES-2014-251 0 Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Mover EI ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Voter 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ 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 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. Southold Town Board Meeting Page 24 March 11, 2014 ✓Vote Record-Resolution RES-2014-252 0 Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn Robert Ghosio Voter 0 p ❑ p ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Seconder El ❑ ❑ ❑ ❑ Rescinded Jill Doherty Mover El ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter El ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-253 CATEGORY.• Budget Modification DEPARTMENT: Accounting Budget Modification 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 ✓Vote Record-Resolution RES-2014-253 0 Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated Robert Ghosio Voter 0 0 11 11 Southold Town Board Meeting Page 25 March 11, 2014 ❑ Tabled James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Withdrawn William P.Ruland Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P.Evans Seconder EI ❑ ❑ ❑ ❑ Rescinded Scott A.Russell Voter 0 ❑ ❑ 0 ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ 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 RES-2014-254 0 Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Voter 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-255 CATEGORY.• Employment-Town DEPARTMENT Town Clerk Southold Town Board Meeting Page 26 March 11, 2014 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 sueh time the 2014eleetion resultsuav u a v. December 31, 2014. mil''.'e ✓Vote Record-Resolution RES-2014-255 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt James Dinizio Jr Voter ❑ 0 ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Voter El ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter ❑ 0 ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter El ❑ ❑ ❑ ❑ 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-2014-256 0 Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Tabled James Dinizio Jr ' Mover D ❑ ❑ ❑ ❑ Withdrawn William P.Ruland Seconder D ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty Voter D ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P.Evans ' Voter D ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action Southold Town Board Meeting Page 27 March 11, 2014 ❑ Lost Comment regarding resolution 256 COUNCILMAN RULAND: I will second it with regret and thanks. SUPERVISOR RUSSELL: I will add to that and say that I am absolutely, it was a privilege and an honor to serve with Jen. I think she was an excellent Assistant Town Attorney and she will be missed. I wish her well in her new endeavor. 2014-257 CATEGORY. Seqra DEPARTMENT. Town Attorney SEQRA LL/Parking 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 RES-2014-257 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Seconder 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-258 CATEGORY.• Seqra DEPART'biENT.• Town Attorney SEQRA LL/Amends. Chapter 144, Tents Southold Town Board Meeting Page 28 March 11, 2014 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 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 RES-2014-258 El Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent — ❑ Withdrawn Robert Ghosio Voter ❑ ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter ❑ ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Mover El ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter EI ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder ❑ ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter p ❑ ❑ p ❑ 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 111h 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 Southold Town Board Meeting Page 29 March 11, 2014 hamlet of Orient". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. 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, between New York State Route 25 and Or-e ar- Str- + from the point 170 feet south of the intersection of ViUggg 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 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated Robert Ghosio Voter R1 ❑ ❑ ❑ ❑ Tabled James Dinizio Jr Voter El ❑ ❑ ❑ ❑ Withdrawn William P.Ruland Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty Seconder 21 0 13 0 Southold Town Board Meeting Page 30 March 11, 2014 ❑ Tax Receiver's Appt Louisa P.Evans Mover 0 ❑ ❑ ❑ ❑ Rescinded Scott A.Russell Voter Rl ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost Comments regarding resolution 259 COUNCILMAN RULAND: Before I vote I would like to say first of all, to the commissioners of the fire district that are here, I would extend a thank you not only for your perseverance but also for taking your time and that of the time of some of the fire service members to come on a day that was less than comfortable, to give us an exhibit with fire apparatus and vehicles parked in a way that the picture is worth 1,000 words and I know there will be some people that are going to be upset but when you look at the dynamics, and Councilman Dinizio was there, when you looked at the dynamics of how the scenario would play out in an emergency with vehicles parked on both sides of the street and fire apparatus or any emergency apparatus coming to that location, it just can't be. Because the safety of anybody has to take precedence over someone's inconvenience and all that said, I would vote aye. SUPERVISOR RUSSELL: With all of the community meetings and the on site inspections, it made me miss the more expeditious days of getting no parking on Mill Lane in Peconic. I vote yes. 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 11 to 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 Southold Town Board Meeting Page 31 March 11, 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: I. 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. A used in this .,haat. the f 11 g tet:fnsshall have the meanings indieated.: Unless otherwise expressly stated,the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third International 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. (f) 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. Southold Town Board Meeting Page 32 March 11, 2014 (h) Ga 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: (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: (j.) The permit fee for tents shall be $50 per permit. §144-20. Compliance required; penalties for offenses. Southold Town Board Meeting Page 33 March 11, 2014 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 a fine 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. ✓Vote Record-Resolution RES-2014-260 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Robert Ghosio Voter E1 ❑ ❑ ❑ ❑ Withdrawn - -- ❑ Supervisor's Appt James Dinizio Jr Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Seconder Q ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Mover Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost Public Hearings Motion To: Motion to recess to Public Hearing RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed in order to hold a public hearing. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell PH 3/11/14 @ 7:32 PM/LL Parking on Village Lane, Orient This hearing was closed at 7:59 PM Southold Town Board Meeting Page 34 March 11, 2014 RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Councilman Bob Ghosio COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the l lth 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 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 111h day of March 2014, at 7:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 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". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. 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, between New Yor4, Sta4e Route 25 and Or-e,.,,.a Street from the point 170 feet south of the intersection of VillageLane and the southwesterly corner of Fletcher Street and extending to the terminus Southold Town Board Meeting Page 35 March 11, 2014 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. I have here a notice of posting on the Town Clerk's bulletin board, signed by Linda Cooper, Deputy Town Clerk. I have an affidavit of publication and a copy of the ad in the Suffolk Times newspaper signed by Karen Kine. I have a letter from the Southold Planning Board signed by Donald Wilcenski " `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' Thank you for the opportunity to provide comments on the amendments to the town code referenced above. The Planning Board has reviewed the proposed amendments and supports the changes." I have a letter here from the Southold Town LWRP coordinator Mark Terry, `The proposed local law has been reviewed to chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) policy standards. Based upon the information provided to this department as well as the records available to me, it is my recommendation that the proposed action is consistent with the LWRP policy standards and therefore is consistent with the LWRP. Pursuant to chapter 268, the Town Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed of the proposed action." And I have a letter here from the Suffolk County Department of Planning, from Andrew Freleng. "Pursuant to the requirements of section 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 should not be construed as either an approval or disapproval." Supervisor Scott A. Russell SUPERVISOR RUSSELL: I would ask anybody that would like to address the Town Board on this particular issue to please feel free at this time. Richard Gilhooly, 2220 Village Lane, Orient Southold Town Board Meeting Page 36 March 11, 2014 RICHARD GILLOOLY: Good evening, I am Richard Gillooly of 2220 Village Lane. Excuse me if I don't know exactly what is appropriate. My property is affected by this parking change which I think is required but I am wondering about its impact on the parking for the buildings that don't have any driveways that's on the other side of the street. There are about 20 or 30 days a year when the issue becomes more of a problem, when there are events at the yacht club or events in the neighborhood. And my two concerns are that four of those houses have no driveways, so is there some way to provide some kind of parking that is guaranteed for those people, for those houses along the other side of the street, so that if there is an event, these people have a place to park their cars? The other issue I guess is that when these events occur that the traffic will move to side streets, people are going to park somewhere. And those streets in the village are also very narrow. So I think we are moving, solving one problem but creating another. And I think the areas that are most critical are right from the bay house where the road bends and at the corner of King Street and Village Lane where the road bends again. I am not entirely sure that we need to have no parking on both sides of Village Lane in the area from, there is already no parking on the other side of the street so maybe we need to allow parking on the other side and restrict the parking on the side that you are proposing. I don't know whether you can put a map up that shows the area but I would be happy to point out some of these issues. Thank you. SUPERVISOR RUSSELL: Would anyone else like to address the Town Board? Scott? Scott Harris,Orient SCOTT HARRIS: Supervisor, ladies and gentlemen of the Town Board. Good evening. It is a pleasure to be here once again. It has been a while. I would like to thank the Town Board for taking up this public safety issue with something that as an elected official in the Orient Fire district, as the vice chairman of the board of commissioners, it is something that has been apparent to us for some time that we have a real problem there. And if I may address Mr. Gillooly, Dick, it's only on the east side, it's not on the west side so it is not both sides on Village Lane,just so you know. MR. GILLOOLY: I know that, I understand that but it is both sides on Village Lane in front of (inaudible). MR. HARRIS: It is from the bay house, south. From the bay house to the corner where Saunders live and the house that I own. MR. GILLOOLY: I understand that. MR. HARRIS: That's the east side. No parking , that's what's being proposed tonight and then it goes around King Street on the same side and (inaudible) MR. GILLOOLY: From Vincent down to the bay house (inaudible)... MR. HARRIS: On Village Lane (inaudible)... Southold Town Board Meeting Page 37 March 11, 2014 SUPERVISOR RUSSELL: Let me just clarify for everybody here. I actually have a Google Earth map, that would show no parking on the westerly side, I believe, from the northerly section heading down and then where the no parking stops, it jumps across the street to the east side if I am not mistaken. And then it runs along that way. I could show this to Richard just for clarity. MR. HARRIS: I don't mean to answer the questions. SUPERVISOR RUSSELL: No, no. That's fine. I am glad you did because....this is the existing no parking, no parking and proposed no parking. MR. GILLOOLY: So this no parking stops here. SUPERVISOR RUSSELL: Yes. MR. GILLOOLY: Oh, I see, it doesn't go all the way to the corner which is what (inaudible) says. SUPERVISOR RUSSELL: I don't believe so. MR. GILLOOLY: And the concern I have is that these places have no driveways. SUPERVISOR RUSSELL: Mmhmm. MR. GILLOOLY: So when there is a big event down there, the people that park, the 150 cars that park are going to move into the village. I just want to be sure these people can park. SUPERVISOR RUSSELL: They have parking in front of their homes. If they don't have driveways, they still have access to the public right of way along there. I know that's a tight spot but I have to tell you we have been.... MR. GILLOOLY: I think it has to be done, I am saying can you put, is there any type of restriction that only the residents can park? SUPERVISOR RUSSELL: You can't on a public street. Yeah, I understand your point but you can't take a public asset and then grant an exclusive to just one party, despite the need for it, you can't unfortunately do that. MR. HARRIS: But anyway, I would like to thank the Board for taking this action on behalf of the Orient Fire District and the residents for public safety. Thank you again. Supervisor Russell SUPERVISOR RUSSELL: Alright. Thanks. Who else would like to address the Board? Anybody? (No response) PH 3/11/14 @ 7:34 PM/LL Tents Southold Town Board Meeting Page 38 March 11, 2014 RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Councilman Bob Ghosio COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN,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 Chanter 144, Fire Prevention and Building Code Administration, in connection with Tents" 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 111h day of March,2014 at 7:34 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 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: I. 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 ..1,apte. the following terms shall have t di ♦ a Unless otherwise expressly stated the following terms shall for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third International Dictionary of the English Language, unabridged (or latest edition). CANOPY - See Tent. Southold Town Board Meeting Page 39 March 11, 2014 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 waw (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 wawpresent no hazard to the public. (e) No cooking shall be allowed under the tent. (f) 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 commercial property in the Town of Southold unless a permit is 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 Board Meeting Page 40 March 11, 2014 (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) dates. (c) A tent permit shall not issue if the parcel has an open building permit or is the subject of aep ndin 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: (j.) 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 a fine 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 Southold Town Board Meeting Page 41 March 11, 2014 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. I have here an affidavit of posting on the Town Clerk's bulletin board signed by Linda Cooper, Deputy Town Clerk. I have an affidavit of publication in the Suffolk Times and a copy of that ad signed by Karen Kine. I have a letter from the Planning Board, `Thank you for the opportunity to provide comments on the amendments to the town code referenced above. The Planning Board has reviewed the proposed amendments and supports the changes.' I have a letter here from the LWRP coordinator, Mark Terry, `The proposed action `A Local Law in relation to Amendments to Chapter 144, Fire Prevention and Building Code Administration in connection with Tents' has been reviewed to Chapter 268 Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program Policy Standards. Based upon the information provided to this department as well as the records available to me, it is my recommendation that the proposed actions are consistent with the LWRP policy standards and therefore are consistent with the LWRP. Pursuant to Chapter 268, the Town Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action.' I also have a letter from Suffolk County Department of Planning signed by Sarah Lansdale, `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 should not be construed as either an approval or disapproval.' I also have a letter here from William D. Moore, attorney here in Southold; `Dear Supervisor Russell and Members of the Southold Town Board, I am writing to comment upon the proposed local law referenced above. I wish to advise you that proposed amendments to chapter 144 of the Southold town code violate the provisions of the New York State Uniform Fire Prevention and Building Code act. Specifically, New York executive law section 379 states `no municipality shall have the power to supersede, void, repeal or make more or less restrictive any provisions of this article or of rules or regulations made pursuant hereto.' Further executive law section 383 states, ` the provisions of this article and of uniform fire prevention and building code shall supersede any other provision of a general, special or local law, ordinance, administrative code, rule or regulation inconsistent or in conflict therewith.' The proposed amendments to chapter 144 seek to impose local regulation and control over tents and canopies which are inconsistent with and more restrictive than the comprehensive state code and regulations that are already in place. There is no authority for the Town's proposed piecemeal tinkering with the New York State Building Code and the comprehensive body of regulations that have been adopted. I ask that you discontinue any further action with respect to this proposed local law. Thank you.' that was signed by William D. Moore. Supervisor Russell SUPERVISOR RUSSELL: Who would like to comment on this particular local law? Southold Town Board Meeting Page 42 March 11, 2014 Town Attorney Martin D. Finnegan TOWN ATTORNEY FINNEGAN: I would. Just in response to Mr. Moore's comments. I would respectfully disagree with his statement that the proposed law violates the New York State building code. There is a process which we are following that requires that the Town Board adopt the law, the law will then be submitted to the Department of State for review through the building code council. But we have to go through this process, have a public hearing, adopt the law and send it in its adopted form to be reviewed so that it can be determined to be consistent with the State building code. So that is the process we are going through tonight and once it is completed, we submit the law for further review. If adopted the law will be a part of our town code and will be enforceable pending the review by the State. Bill Shipman, Cutchogue BILL SHIPMAN: Is that the same review the Department of State does? SUPERVISOR RUSSELL: Whenever we adopt a local law it gets sent to the Department of State for review, if I am not mistaken. We have to file it with the State of New York. TOWN ATTORNEY FINNEGAN: But that is a different review process. Everything gets sent to the Department of State. SUPERVISOR RUSSELL: Same idea of State oversight. TOWN CLERK NEVILLE: Sir, can you please state your name for the record? Thank you. MR. SHIPMAN: Bill Shipman, 75 Horseshoe Drive, Cutchogue. SUPERVISOR RUSSELL: Who else? Robert Dunne, Peconic ROBERT DUNN: Robert Dunn, Peconic. Am I right in understanding that single family residential homes are exempt from all of this? TOWN ATTORNEY FINNEGAN: Yes. It doesn't apply to residential property or single family residences. MR. DUNN: Okay. Because it was in the second section, I did not know if it was included. Thank you. TOWN ATTORNEY FINNEGAN: Right. Bill Gilhooly BILL GILLOOLY: Bill Gillooly, Orient. Are not for profits excluded? SUPERVISOR RUSSELL: It depends on the parcel. Southold Town Board Meeting Page 43 March 11, 2014 TOWN ATTORNEY FINNEGAN: The property where the tent is being erected. MR. GILLOOLY: If it is owned by a not for profit? SUPERVISOR RUSSELL: If the property is owned, like a municipal corporation? MR. GILLOOLY: Well, like say the historical society. SUPERVISOR RUSSELL: I... TOWN ATTORNEY FINNEGAN: I don't believe we have any exceptions for that. This is a safety law, sir, it applies to making sure that if there is a tent that is an enclosed structure that it is safe for people to assemble within it. MR. GILLOOLY: Right, I thought I read something like that. TOWN ATTORNEY FINNEGAN: There is an exception in our special events law for not for profit type events, from that level of review but not for the tent permit process. SUPERVISOR RUSSELL: Would anybody like to comment? Any more on this issue? Councilman Ghosio COUNCILMAN GHOSIO: I just, touching base on that again, 144-A D, it does seem to exempt bona fide religious, charitable, educational, fraternal, service, veteran, or volunteer fire organizations, for tents with an occupancy of 300 or more unless owned, leased or operated by them. Is that what he was talking about? TOWN ATTORNEY FINNEGAN: That is 300 or more. Well, the state requires at the different levels with a tent that big that we have to get it approved by the state. If it is a larger tent, okay, there is another level of review so there is an exception from the state review for the tents for charitable type organizations. But locally, we have our fire marshal check them out and inspect them. Supervisor Russell SUPERVISOR RUSSELL: Anybody else on this particular local law? (No response) Closing Comments Supervisor Russell SUPERVISOR RUSSELL: I would ask anyone that would like to comment on any issue, please? Scott Harris SCOTT HARRIS: Mr. Supervisor and members of the Town Board, Councilman Ruland, Scott Harris, commissioner of the Orient Fire District again. Thank you for coming out, Jimmy and Southold Town Board Meeting Page 44 March 11, 2014 the town engineer, James Richter for coming out, thank you for giving up your time also and addressing this problem of safety. Thank you again. Justice Evans JUSTICE EVANS: We have 260. Supervisor Russell SUPERVISOR RUSSELL: That's right, I guess we should entertain the second law as well. Voting on resolution 260. Supervisor Russell SUPERVISOR RUSSELL: I would invite now anyone that would like to comment on any issue to please feel free at this time. (No response) Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 8:13P.M. S abeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Robert Ghosio, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell