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Home My WebLink AboutAG-07/14/2015 ELIZABETH A. NEVILLE Town Hall, 53095 Main Road TOWN CLERK PO Box 1179 Southold, NY 11971 REGISTRAR OF VITAL STATISTICS Fax (631) 765-6145 MARRIAGE OFFICER Telephone: (631) 765 - 1800 RECORDS MANAGEMENT OFFICER www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER AGENDA SOUTHOLD TOWN BOARD July 14, 2015 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 - 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 to go into the Town Clerk site. Go to the date of the meeting and click on "Minutes Packet" this is the full copy of the resolutions. (Scroll to bottom of page for KEY to symbols). You can view the live video of the meeting by clicking on the camera symbol. All of this information is available 24/7. If you would like help navigating the site, please feel free to call my office 631-765-1800. CALL TO ORDER 7:30 PM Meeting called to order on July 14, 2015 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee NamePresentAbsentLateArrived Councilman Robert Ghosio Councilman James Dinizio Jr Councilman William P. Ruland Councilwoman Jill Doherty Justice Louisa P. Evans Supervisor Scott A. Russell Southold Town Meeting Agenda - July 14, 2015 Page 2 I. REPORTS 1. Zoning Board of Appeals Monthly Report June 2015 2. Building Department Monthly Report June 2015 3. Special Projects Coordinator Monthly Report June 2015 4. Justice Evans Monthly Report June 2015 5. Justice Price Monthly Report June 2015 6. Judge Bruer-Monthly Report June 2015 7. Trustees Monthly Report June 2015 8. Town Clerk Monthly Report June 2015 9. Programs for the Aging Monthly Report June 2015 10. Planning Department Monthly Report june 2015 11. Town Budget Monthly Report May 2015 June 2015 12. Dept of Solid Waste Monthly Report June 2015 II. PUBLIC NOTICES 1. NYS Liquor License Heron Harbor Suites, 61600 Main Road, Southold Southold Town Meeting Agenda - July 14, 2015 Page 3 III. COMMUNICATIONS IV. DISCUSSION 1. 9:00 AM - Rona Smith, Beth Mostschenbacher, Housing Advisory Commission Mission Statement-Goals and Objectives 2. 9:15 AM - John Sepenoski, Aaron Virgin Beach Nesting Issues 3. 9:45 AM - Phillip Beltz, Erin Creedon Resident Survey 4. 10:00 AM - Jeff Standish Pickleball Court 5. Helicopter/Noisy Aircraft Community Forum 6. Strauel Coastal Erosion Appeal 7. Amendments to Road Use Policy 8. LL/Transient Rental Properties 9. LL/Land Based Aquaculture 10. EXECUTIVE SESSION - Labor - Matters Involving Employment of Particular Person(S) 11:30 AM - John Cushman 12:00 AM - Leanne Reilly 12:30 AM - Michael Collins 11. EXECUTIVE SESSION - Litigation Nancy A. Cullen v. Town of Southold, et al. V. RESOLUTIONS 2015-627 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby July 14, 2015. Southold Town Meeting Agenda - July 14, 2015 Page 4 Vote Record - Resolution RES-2015-627 Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated Robert Ghosio Tabled Withdrawn James Dinizio Jr Supervisor's Appt William P. Ruland Tax Receiver's Appt Jill Doherty Rescinded Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell No Action Lost 2015-628 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Next Town Board Meeting RESOLVED held, that the next Regular Town Board Meeting of the Southold Town Board be Tuesday, July 28, 2015 at the Southold Town Hall, Southold, New York at 4:30 P. M. Vote Record - Resolution RES-2015-628 Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated Robert Ghosio Tabled Withdrawn James Dinizio Jr Supervisor's Appt William P. Ruland Tax Receiver's Appt Jill Doherty Rescinded Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell No Action Lost 2015-629 CATEGORY: Special Events DEPARTMENT: Town Clerk American Legion Car Show Financial Impact: Southold Town Meeting Agenda - July 14, 2015 Page 5 Cost Analysis: $131.68 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the American Legion Griswold-Terry-Glover Post 803 to hold an Antique Car Show on August 30, 2015 from 10:00 AM to 5:00 PM at the American Legion, Main Road, Southold. They are also requesting Partial closure of Tuckers Lane, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and Support is for this year only. All fees associated with this approval shall be waived, with the exception of the clean-up deposit. Vote Record - Resolution RES-2015-629 Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated Robert Ghosio Tabled Withdrawn James Dinizio Jr Supervisor's Appt William P. Ruland Tax Receiver's Appt Jill Doherty Rescinded Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell No Action Lost 2015-630 CATEGORY: Budget Modification DEPARTMENT: Fishers Island Ferry District FIFD Budget Modification Financial Impact: to cover over expeditures RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District Board of Commissioners dated June 22, 2015, which amended the 2015 Fishers Island Ferry District budget. Vote Record - Resolution RES-2015-630 Adopted Yes/AyeNo/NayAbstainAbsent Adopted as Amended Robert Ghosio Defeated James Dinizio Jr Tabled Withdrawn William P. Ruland Supervisor's Appt Jill Doherty Tax Receiver's Appt Louisa P. Evans Rescinded Scott A. Russell Town Clerk's Appt Southold Town Meeting Agenda - July 14, 2015 Page 6 Supt Hgwys Appt No Action Lost 2015-631 CATEGORY: Employment - Town DEPARTMENT: Accounting Acknowledges the Intent to Retire B. Phillip Beltz RESOLVEDacknowledges the intent to that the Town Board of the Town of Southold hereby retire of B. Phillip Beltz from the position of Special Projects Coordinator effective on or about October 31, 2015. Vote Record - Resolution RES-2015-631 Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated Robert Ghosio Tabled Withdrawn James Dinizio Jr Supervisor's Appt William P. Ruland Tax Receiver's Appt Jill Doherty Rescinded Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell No Action Lost 2015-632 CATEGORY: Committee Resignation DEPARTMENT: Town Clerk HAC Resignation RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of John Vahey from the Housing Advisory Commission and be it further RESOLVED that the Town Clerk's Office be authorized and directed to advertise for vacancy on this committee. Vote Record - Resolution RES-2015-632 Adopted Yes/AyeNo/NayAbstainAbsent Adopted as Amended Southold Town Meeting Agenda - July 14, 2015 Page 7 Defeated Robert Ghosio 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 2015-633 CATEGORY: Refund DEPARTMENT: Town Clerk Refund of Beach Sticker RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund in the amount of $10.00 to Lauren McCall, PO Box 271, Cutchogue, NY 11935 for a duplicate purchase of a Town Beach sticker. Vote Record - Resolution RES-2015-633 Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated Robert Ghosio Tabled Withdrawn James Dinizio Jr Supervisor's Appt William P. Ruland Tax Receiver's Appt Jill Doherty Rescinded Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell No Action Lost 2015-634 CATEGORY: Bid Acceptance DEPARTMENT: Town Clerk Accept Bid for Used HRC Vehicle Southold Town Meeting Agenda - July 14, 2015 Page 8 RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of David DeFriest in the amount of $489.00 for Asset # 2278, used HRC vehicle, all in accordance with the Town Attorney. Vote Record - Resolution RES-2015-634 Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated Robert Ghosio Tabled Withdrawn James Dinizio Jr Supervisor's Appt William P. Ruland Tax Receiver's Appt Jill Doherty Rescinded Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell No Action Lost 2015-635 CATEGORY: Employment - Town DEPARTMENT: Recreation Hire Seasonal Summer Employee RESOLVED that the Town Board of the Town of Southold hereby appoints the following individual as a lifeguard for the 2015 summer season, July 15 - September 7 as follows: STILLWATER LIFEGUARD HOURLY SALARY Vote Record - Resolution RES-2015-635 Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated Robert Ghosio Tabled Withdrawn James Dinizio Jr Supervisor's Appt William P. Ruland Tax Receiver's Appt Jill Doherty Rescinded Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell No Action Lost Southold Town Meeting Agenda - July 14, 2015 Page 9 2015-636 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Appoint Jessica Grote Seasonal Laborer RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted July 6, 2015 that appoints Jessica Grote to the position of seasonal laborer effective June 10, 2015 through September 15, 2015 at a rate of $10.56 per hour. Vote Record - Resolution RES-2015-636 Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated Robert Ghosio Tabled Withdrawn James Dinizio Jr Supervisor's Appt William P. Ruland Tax Receiver's Appt Jill Doherty Rescinded Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell No Action Lost 2015-637 CATEGORY: Attend Seminar DEPARTMENT: Planning Board Attend Seminar: Complete Streets Policy Implementation RESOLVED that the Town Board of the Town of Southold hereby grants permission to Heather Lanza, Planning Director, to attend and participate in a workshop regarding Complete Streets Policy Implementation at The Suffolk County Department of Public Works in Yaphank on July 22, 2015. There are no expenses for registration and the travel cost will be a Town Vehicle. Vote Record - Resolution RES-2015-637 Adopted Yes/AyeNo/NayAbstainAbsent Adopted as Amended Defeated Robert Ghosio Tabled James Dinizio Jr Withdrawn William P. Ruland Supervisor's Appt Jill Doherty Tax Receiver's Appt Rescinded Louisa P. Evans Town Clerk's Appt Southold Town Meeting Agenda - July 14, 2015 Page 10 Supt Hgwys Appt Scott A. Russell No Action Lost 2015-638 CATEGORY: Grants DEPARTMENT: Solid Waste Management District HHW Grant Application 2015-2016 WHEREAS , the State of New York provides financial aid for household hazardous waste programs; and WHEREAS the Town of Southold, herein called the Municipality, has examined and duly considered the applicable laws of the State of New York and the Municipality deems it to be in the public interest and benefit to file an application under these laws; and WHEREAS , it is necessary that a Contract between the People of the State of New York, herin called the State, and the Municipality be executed for such State aid; NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Southold: 1. That the filing of an application in the form required by the State of New York in conformity with applicable laws of the State of New York including all understanding and assurances contained in said application is hereby authorized; 2. That Supervisor Scott A. Russell or his designee is directed and authorized as the official representative of the Municipality to act in connection with the application and to provide such additional information as may be required and to sign the resulting contract if said application is approved by the State; 3. That the Municipality agrees that it will fund the entire cost of said Household Hazardous Waste Program and will be reimbursed by the State for the State share of such costs; 4. That five (5) certified copies of this Resolution be prepared and sent to the NYS Department of Environmental Conservation together with a complete application. 5. That this resolution shall take effect immediately. Vote Record - Resolution RES-2015-638 Adopted Yes/AyeNo/NayAbstainAbsent Adopted as Amended Robert Ghosio Defeated Tabled James Dinizio Jr Withdrawn William P. Ruland Supervisor's Appt Jill Doherty Tax Receiver's Appt Southold Town Meeting Agenda - July 14, 2015 Page 11 Rescinded Louisa P. Evans Town Clerk's Appt Scott A. Russell Supt Hgwys Appt No Action Lost 2015-639 CATEGORY: Employment - Town DEPARTMENT: Town Clerk Student Intern 1 Records Management Financial Impact: There is sufficient funds in my budget for this. 07/14/15 A.1460.1.200.100 · part-time employees $19,718.22 RESOLVED that the Town Board of the Town of Southold hereby appoints Christian Montgomery to the position of a Student Intern 1 for the Town Clerk Records Management Office, effective July 15, 2015, at a rate of $13.12 per hour. Vote Record - Resolution RES-2015-639 Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated Robert Ghosio Tabled Withdrawn James Dinizio Jr Supervisor's Appt William P. Ruland Tax Receiver's Appt Jill Doherty Rescinded Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell No Action Lost 2015-640 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Accounting Amend Resolution Equipment Rental RESOLVED that the Town Board of the Town of Southold hereby amends resolution #2015- 422, adopted at the May 5, 2015, regular Town Board meeting as follows: Southold Town Meeting Agenda - July 14, 2015 Page 12 RESOLVED that the Town Board of the Town of Southold hereby authorizes the Solid Waste with Edward Ehrbar, Inc. District to enter into an agreement under Suffolk County Heavy Equipment Contract # 24-14.8.7 for the rental of a front end wheel loader for until such time as 2 3per month months, at a cost not to exceed $7,020.00 plus $39.40/hr for hours used in excess of 176/month. Vote Record - Resolution RES-2015-640 Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated Robert Ghosio Tabled Withdrawn James Dinizio Jr Supervisor's Appt William P. Ruland Tax Receiver's Appt Jill Doherty Rescinded Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell No Action Lost 2015-641 CATEGORY: Retirement/Resignation DEPARTMENT: Accounting Retirement Resolution for Elected Officials WHEREAS, Section 315.4 the State of New York has set additional reporting requirements in of the New York Codes, Rules and Regulations which requires all elected and appointed officials whose terms start on or after August 12, 2009, who are members of the New York State system to prepare a log of their work-related activities for three consecutive months and submit their logs to the clerk or secretary of the governing board within 150 days of the start of their term; Now Therefore, be it RESOLVED that the Town Board of the Town of Southold hereby establishes the following as standard workdays for elected and appointed officials and will report the following days worked to the New York State and the Local Employees' Retirement System based on the record of activities maintained and submitted by these officials to the clerk of this body: Title Name StandarTerm Participates in Days/Month (based on d Work Begins/ Employer's Time Record of Activities) Day Ends Keeping System (Hrs./da y) Southold Town Meeting Agenda - July 14, 2015 Page 13 Supervisor Scott A. Russell 6 1/1/2012 - No 12/31/15 31.93 BE IT FURTHER RESOLVED, that said standard is being established to meet the accounting requirements of the New York State Employees Retirement System for calculation of retirement benefits, and BE IT FURTHER RESOLVED, that the Town Clerk be and she hereby is authorized to send a certified copy of this resolution to the New York State Employees Retirement System. I, Elizabeth A. Neville, Town Clerk of the governing board of the Town of Southold of the State of New York, do hereby certify that I have compared the foregoing with the original resolution passed by such board, at a legally convened meeting held on the 14th day of July, 2015 on file as part of the minutes of such meeting, and that the same is a true copy thereof and the whole of such original. I further certify that the full board, consists of six (6) members, and the six (6) of such members were present at such meeting and that six (6) of such members voted in favor of the above resolution. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Town of Southold, on this 14th day of July, 2015. S E A L Elizabeth A. Neville Town Clerk Town of Southold Certified copy of this resolution to be sent to the New York State Employees Retirement System. Vote Record - Resolution RES-2015-641 Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated Robert Ghosio Tabled Withdrawn James Dinizio Jr Supervisor's Appt William P. Ruland Tax Receiver's Appt Jill Doherty Rescinded Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell No Action Lost Southold Town Meeting Agenda - July 14, 2015 Page 14 2015-642 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Board of Ethics Appointment RESOLVED that the Town Board of the Town of Southold hereby appoints John Hogan to the Board of Ethics, effective immediately. Term to expire March 31, 2017. Vote Record - Resolution RES-2015-642 Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated Robert Ghosio Tabled Withdrawn James Dinizio Jr Supervisor's Appt William P. Ruland Tax Receiver's Appt Jill Doherty Rescinded Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell No Action Lost 2015-643 CATEGORY: Employment - Town DEPARTMENT: Accounting Release Diane Schroeder RESOLVED that the Town Board of the Town of Southold hereby releases Diane Schroeder from the position of Detention Attendant in the Police Department effective July 14, 2015. Vote Record - Resolution RES-2015-643 Adopted Yes/AyeNo/NayAbstainAbsent Adopted as Amended Defeated Robert Ghosio 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 Southold Town Meeting Agenda - July 14, 2015 Page 15 2015-644 CATEGORY: Affordable Housing DEPARTMENT: Town Clerk Affordable Housing Unit Prices RESOLVEDsets the maximum initial that the Town Board of the Town of Southold hereby sales price and maximum allowable monthly rent for 2015 for affordable housing units as follows: Home Purchase Price May Not Exceed Households earning 80% or less of the HUD median income for Nassau/Suffolk $218,000* Households earning 100% or less of the HUD median income for Nassau/Suffolk $272,500** Households earning 120% or less of the HUD $327,000*** median income for Nassau/Suffolk * 2.5 times the 80% median income family of four - Nassau/Suffolk County ($87,200) **2.5 times the 100% median income family of four - Nassau/Suffolk County ($109,000) ***2.5 times the 120% median income family of four - Nassau/Suffolk County ($130,800) Monthly Rental Amounts May Not Exceed (utilities may or may not be included) Efficiency $ 953*** One Bedroom $ 1021*** Two Bedroom $ 1226*** Three Bedroom $ 1417*** Four Bedroom $ 1581*** *** represents Nassau/Suffolk Low Home Rent Limit RESOLVED that pursuant to Chapter 240-10-B(2)(c)\[2\]\[a\] of the Town Code, the Town Board sets $218,000 as the amount of payment required per of the Town of Southold hereby housing unit for Moderate Income Family Dwelling Units not built within the Town of Nassau/Suffolk median income for a family of four in accordance with the Long Island Workforce Housing Act. Vote Record - Resolution RES-2015-644 Adopted Yes/AyeNo/NayAbstainAbsent Adopted as Amended Robert Ghosio Defeated Southold Town Meeting Agenda - July 14, 2015 Page 16 Tabled James Dinizio Jr Withdrawn William P. Ruland Supervisor's Appt Jill Doherty Tax Receiver's Appt Rescinded Louisa P. Evans Town Clerk's Appt Scott A. Russell Supt Hgwys Appt No Action Lost 2015-645 CATEGORY: Employment - Town DEPARTMENT: Accounting Hiring Contingent Permanent Clerk Typist RESOLVED that the Town Board of the Town of Southold hereby appoints Diane Di Salvo from the Suffolk County Civil Service certified list of eligibles to the contingent permanent position of Clerk Typist for the Trustees Department, effective July 24, 2015, at an annual rate of $37.307.36. Vote Record - Resolution RES-2015-645 Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated Robert Ghosio Tabled Withdrawn James Dinizio Jr Supervisor's Appt William P. Ruland Tax Receiver's Appt Jill Doherty Rescinded Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell No Action Lost 2015-646 CATEGORY: Advertise DEPARTMENT: Town Clerk PH Change of Zone, F I 8/5/15 1:02 Pm RESOLVED that the Town Board of the Town of Southold hereby amends, resolution 2015-625 Southold Town Meeting Agenda - July 14, 2015 Page 17 adopted at the regular Town Board meeting on June 30, 2015 as follows: RESOLVED that the Town Board of the Town of Southold is considering the change of zone of the property identified as SCTM #1000-12-1-1.2 from R-120 to AHD on its own motion; and it is further RESOLVED that the Town Board of the Town of Southold requests the Planning Board to prepare a report and recommendations on the proposed rezoning, including a SEQRA report and to the Suffolk County Department of Planning for their recommendations and recommendations ; and it is further RESOLVED that pursuant to the requirements of Section 265 of the New York State Town Law and the Code of the Town of Southold, Suffolk County, New York, the Town Board of the Town the Zoning Map of the Town of Southold by Changing the Zoning Designation of property identified on the Suffolk County Tax Map as Lot #1000-012-1-1.2 from R- Fishers Island School Fishers Island, New York, on the 5th day of August, 2015 at 1:02PM and The Day, New directs the Town Clerk to publish notice of such appeal in the Suffolk Times, London and the Fishers Island Fog Horn not less than ten (10) days nor more than thirty (30) days prior to such hearing. Vote Record - Resolution RES-2015-646 Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated Robert Ghosio Tabled Withdrawn James Dinizio Jr Supervisor's Appt William P. Ruland Tax Receiver's Appt Jill Doherty Rescinded Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell No Action Lost 2015-647 CATEGORY: Refund DEPARTMENT: Town Clerk Various Clean Up Deposits WHEREAS the following groups have supplied the Town of Southold with a Clean-up Deposit fee in the amount of $250.00, for their events and Southold Town Meeting Agenda - July 14, 2015 Page 18 WHEREAS the Southold Town Police Chief, Martin Flatley, has informed the Town Clerk's office that this fee may be refunded, now therefor be it RESOLVED that Town Board of the Town of Southold hereby authorizes a refund be issued in the amount of $250.00 to the following: Name Date Received Jeffrey Behrens 7/18, 9/26 Event Cancelled 198 Roseland Lane East Patchogue, NY 11772 New Suffolk Civic Association 7/4 PO Box 642 New Suffolk, NY 11956 Southold Village Merchants 7/4 PO Box 1177 Southold NY 11971 Oysterponds Historical Society 7/5 PO Box 70 Orient NY 11957 Mattituck Chamber of Commerce 7/11 PO Box 1056 Mattituck NY 11952 Vote Record - Resolution RES-2015-647 Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated Robert Ghosio Tabled Withdrawn James Dinizio Jr Supervisor's Appt William P. Ruland Tax Receiver's Appt Jill Doherty Rescinded Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell No Action Lost 2015-648 CATEGORY: Contracts, Lease & Agreements Southold Town Meeting Agenda - July 14, 2015 Page 19 DEPARTMENT: Planning Board Authorize Agreement with AKRF Consultants RESOLVED, that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an agreement between the Town of Southold and AKRF, Environmental & Planning Consultants, to provide technical assistance to the Planning Board in connection with its SEQR review of the Site Plan Application for Southold Gas Station & Convenience Store, in accordance with the proposal, dated July 10, 2015, submitted to the Town, and subject to the approval of the Town Attorney. Vote Record - Resolution RES-2015-648 Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated Robert Ghosio Tabled Withdrawn James Dinizio Jr Supervisor's Appt William P. Ruland Tax Receiver's Appt Jill Doherty Rescinded Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell No Action Lost 2015-649 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Grant Permission to Planning to Apply for Grant/Comp Plan Update RESOLVED that the Town Board of the Town of Southold hereby grants permission to the A Comprehensive Plan Comprehensive Plan, under the New York State Environmental Protection Fund, Local Waterfront Revitalization Program, and the New York State Consolidated Funding Application. Vote Record - Resolution RES-2015-649 Adopted Yes/AyeNo/NayAbstainAbsent Adopted as Amended Robert Ghosio Defeated Tabled James Dinizio Jr Withdrawn William P. Ruland Supervisor's Appt Jill Doherty Tax Receiver's Appt Southold Town Meeting Agenda - July 14, 2015 Page 20 Rescinded Louisa P. Evans Town Clerk's Appt Scott A. Russell Supt Hgwys Appt No Action Lost 2015-650 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Southold Run for Soldiers - WWP RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Wounded Warrior Project to hold a 5k Southold Run for the Soldiers on July 25, 2015 from 5:30 am to 2:00 pm, provided they adhere to the Town of Southold Policy for Special Events on Town Properties and Roads. Support is for this year only. All Town fees for this event, with the exception of the Clean-up Deposit, are waived. Vote Record - Resolution RES-2015-650 Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated Robert Ghosio Tabled Withdrawn James Dinizio Jr Supervisor's Appt William P. Ruland Tax Receiver's Appt Jill Doherty Rescinded Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell No Action Lost 2015-651 CATEGORY: Budget Modification DEPARTMENT: Public Works Pickleball/Tennis Courts Financial Impact: To fund tennis court improvements and line new pickleball court at Corchran Park RESOLVED that the Town Board of the Town of Southold hereby modifies the 2015 General Fund Whole Town Budget as follows: Southold Town Meeting Agenda - July 14, 2015 Page 21 From Revenues: A.2025.00 Special Recreation Facility Park & Recreation Total $3,000 To Appropriations: A.1620.2.500.825 Cochran Park Improvements Total $3,000 Vote Record - Resolution RES-2015-651 Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated Robert Ghosio Tabled Withdrawn James Dinizio Jr Supervisor's Appt William P. Ruland Tax Receiver's Appt Jill Doherty Rescinded Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell No Action Lost 2015-652 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Southold Athletic Assoc. 5K Financial Impact: Police Department Cost for Event = $310.68 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Southold School District to use certain roads for a 5K race in Southold, New York on November 14, 2015, set-up 8:00 am, start time 9:00 AM, route for the 5K: beginning at the Elementary School parking lot onto Oaklawn Avenue to Route 25, east to Youngs Avenue, to Calves Neck Road, to Harper Road, Hill Road, Wells Road, back to Oaklawn Avenue, to Pine Neck Road to Main Bayview Road to Main Road, Jockey Creek Drive back onto the Southold School property, provided applicant meets all of the requirements as listed in the Town Policy on Special Events and Use of Recreation Areas and Town Roads. Support is for this year only. Fees for this event have been waived with the exception of the Clean-up deposit. Vote Record - Resolution RES-2015-652 Adopted Yes/AyeNo/NayAbstainAbsent Adopted as Amended Robert Ghosio Defeated Southold Town Meeting Agenda - July 14, 2015 Page 22 Tabled James Dinizio Jr Withdrawn William P. Ruland Supervisor's Appt Jill Doherty Tax Receiver's Appt Rescinded Louisa P. Evans Town Clerk's Appt Scott A. Russell Supt Hgwys Appt No Action Lost 2015-653 CATEGORY: Budget DEPARTMENT: Town Attorney Waive Late Charge to King Kullen Account by Solid Waste District RESOLVED that the Town Board of the Town of Southold hereby waives the $136.23 late charge assessed to the King Kullen account by the Solid Waste District for yellow bags. Vote Record - Resolution RES-2015-653 Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated Robert Ghosio Tabled Withdrawn James Dinizio Jr Supervisor's Appt William P. Ruland Tax Receiver's Appt Jill Doherty Rescinded Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell No Action Lost 2015-654 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Agreement W/SC Office for Aging - CSE Residential Repair HRC 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 Southold Town Meeting Agenda - July 14, 2015 Page 23 Program for the period April 1, 2015 through March 31, 2016, at no cost to the Town, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2015-654 Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated Robert Ghosio Tabled Withdrawn James Dinizio Jr Supervisor's Appt William P. Ruland Tax Receiver's Appt Jill Doherty Rescinded Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell No Action Lost 2015-655 CATEGORY: Policies DEPARTMENT: Town Attorney Adopt Amended Policy for Special Events on Town Properties and Roads RESOLVED that the Town Board of the Town of Southold hereby amends the Town of 7, 2013, and amended on May 20, 2014, effective immediately, and applicable to all future Town Properties and Roads Special Event Permit Applications; and be it further RESOLVED that the Town Board of the Town of Southold hereby directs the Town Clerk to append the Policy to all applications for special event permits on Town lands and to process all future applications in accordance with the amended Policy, to read as follows: TOWN OF SOUTHOLD Policy for Special Events on Town Properties and Roads In addition to the criteria set forth in Chapter 205 of the Southold Town Code with respect to the review of events that are proposed to utilize or be held on any land owned, leased or controlled by the Town of Southold and, in particular, special events on Town roads, and with the exception of community organized parades, the issuance of a Special Event Permit by the Town Board will be subject to the following guidelines: Southold Town Meeting Agenda - July 14, 2015 Page 24 1. All events must be sponsored by a not-for-profit organization or recognized charity and the applicant must verify that all proceeds generated by the event are wholly for the benefit of said organization or recognized charity. 2. Events that require the closing of a road shall not be held on a holiday or at the same time or location of previously approved community or special events absent authorization from the Chief or Captain of the Police Department. 3. All motorcycle events shall be limited to 600 participants. 4. Applicants may only receive approval for one event in each calendar year. 5. The prior issuance of an approval does not bind the Town Board to approve the same or a similar event in the future. 6. Failure to comply with any condition of approval may result in revocation of approval and/or denial of future applications. In addition to the above, all Bicycle and/or Running Special Events shall be subject to the following guidelines: 1. There shall be no bicycle and/or running special events conducted within the Town of Southold during the period of June 1 to November 1. 2. Organizers and participants of bicycle and/or running special events shall fully adhere to Vehicle and Traffic Law, including but not limited to VTL §§1231-1234. 3. Organizers of bicycle and/or running special events shall post a deposit of one thousand five hundred dollars ($1,500.00) to ensure that the roads are returned to pre-event condition. 4. Where the expected number of persons or the duration of the bicycle and/or running special event may impact the health, safety and welfare of the public, as a condition to granting the permit, the Town Board, upon the recommendation of the Chief of Police, may require the applicant to reimburse the Town for the costs of increased police protection, public safety oversight, and public works facilitation, including any additional equipment as may be deemed necessary by the Chief of Police to adequately and safely control and protect the persons attending the event, the event area and traffic in and around the event area. Such costs shall include all necessary staffing and shall be provided to the applicant prior to the issuance of the permit. 5. All bicycle events and/or running special events shall be limited to 600 participants. All special event approvals shall be subject to compliance with the following conditions: 1. They file with the Town Clerk a Two Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured; a $250 or $500 filing fee (depending on size of event); a remuneration fee determined by the Chief or Captain of Southold Town Meeting Agenda - July 14, 2015 Page 25 the Police Department for traffic control; $250.00 or more deposit for clean-up (deposit to be returned after event upon recommendation of the Southold Town Police Chief; Southold Town Police Department); 2. Make every effort to control noise; 3. Comply with Chapter 205 of the Southold Town Code to notify neighbors in advance of event; 4. Coordinate traffic control upon notification of the adoption of a Town Board resolution with Police Captain; 5. No permanent markings be placed on Town, County or State roads or property for the event; 6. Any road markings or signs for the event be removed within twenty-four (24) hours of the completion of the event; and 7. Any parade participants shall not throw candy or other objects at or in the direction of spectators along the parade route but such items may be handed directly to spectators. The Town Board reserves the right to waive or modify any or all of the above guidelines and conditions as it may deem appropriate under the circumstances presented and to deny any application for a special event that is determined to not be in the best interest of the residents of the Town of Southold. Vote Record - Resolution RES-2015-655 Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated Robert Ghosio Tabled Withdrawn James Dinizio Jr Supervisor's Appt William P. Ruland Tax Receiver's Appt Jill Doherty Rescinded Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell No Action Lost 2015-656 CATEGORY: Employment - Town DEPARTMENT: Town Attorney Adopt Arbitrator Gregory's Opinion & Recommendation/PSD Weather Emergency Grievance RESOLVED that the Town Board of the Town of Southold hereby adopts and implements, in its entirety, the Opinion and Recommendation of Arbitrator Dr. David L. Gregory, Esq., dated June 25, 2015, in the matter Southold Town Meeting Agenda - July 14, 2015 Page 26 of CSEA and the Town of Southold (Public Safety Dispatchers/Weather Emergency Grievance). Vote Record - Resolution RES-2015-656 Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated Robert Ghosio Tabled Withdrawn James Dinizio Jr Supervisor's Appt William P. Ruland Tax Receiver's Appt Jill Doherty Rescinded Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell No Action Lost 2015-657 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Grant Application of Strauel - Coastal Erosion Hazard Area Appeal WHEREAS, the Board of Trustees denied the application of Theodore and Nathalie Strauel (the ermit to construct a fixed timber dock on the premises known as 220 Bay of Southold pursuant to Section 111-11(c); and WHEREAS, on April 15, 2015, the Applicant submitted an application to the Town Board of the Town of Southold seeking to appeal the determination of the Board of Trustees, or in the alternative, seeking a variance from the requirements of the Law; and WHEREAS, on June 16, 2015, the Town Board conducted a duly noticed public hearing on the instant appeal with an opportunity for all interested parties to be heard and testimony was taken WHEREAS, the application has been reviewed pursuant to Chapter 268, Waterfront Consistency Review of the Town Code and the Local Waterfront Revitalization Program; now, therefore, be it RESOLVEDdoes hereby adopt the Findings that the Town Board of the Town of Southold and Determination dated July 14, 2015, granting the Application of Theodore and Nathalie Strauel for a variance pursuant to §111-20 of the Coastal Erosion Hazard Area Code ; and be it further Southold Town Meeting Agenda - July 14, 2015 Page 27 RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed action is classified as a Type II Action and is not subject to review pursuant to SEQRA Rules and Regulations for this action; and be it further RESOLVED that the Town Board had determined that this action is consistent with Chapter 268, Local Waterfront Revitalization Program; and be it further RESOLVED that this Determination shall not affect or deprive any other agency of its properly asserted jurisdiction, separate and apart from the proceedings under the Coastal Erosion Hazard Areas Law considered herein. Vote Record - Resolution RES-2015-657 Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated Robert Ghosio Tabled Withdrawn James Dinizio Jr Supervisor's Appt William P. Ruland Tax Receiver's Appt Jill Doherty Rescinded Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell No Action Lost 2015-658 CATEGORY: Property Usage DEPARTMENT: Recreation Approve Field Use for Baeball Camp RESOLVED that the Town Board of the Town of Southold hereby grants permission to All Pro Sports Academy in Bellport to conduct a baseball camp from July 20 - 24, 9:00 a.m. - 2:00 p.m. at Tasker Park in Peconic, subject to a payment in the amount of $600. Applicant must file with the naming the Town of Southold as additional insured. Vote Record - Resolution RES-2015-658 Adopted Yes/AyeNo/NayAbstainAbsent Adopted as Amended Robert Ghosio Defeated Tabled James Dinizio Jr Withdrawn William P. Ruland Supervisor's Appt Jill Doherty Tax Receiver's Appt Southold Town Meeting Agenda - July 14, 2015 Page 28 Rescinded Louisa P. Evans Town Clerk's Appt Scott A. Russell Supt Hgwys Appt No Action Lost 2015-659 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney PH 9/8/15 @ 7:32 PM LL/Aquaculture Uses WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk th County, New York, on the 14 day of July, 2015, a Local Law entitled relation to Amendments to Chapter 219, Shellfish and Other Marine Resources, and now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the th 8 day of September, 2015 at 7:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, Shellfish and Other Marine Resources, and Chapter 280, Zoning, in connection with reads as follows: LOCAL LAW NO. 2015 A Local Law entitled, and Other Marine Resources, and Chapter 280, Zoning, in connection with Aquaculture . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. Aquaculture is one of the fastest growing industries in the world with already 50% of seafood consumed worldwide being produced through aquaculture. The Town of Southold has large areas suitable for the development of land based aquaculture. The purpose of this local law is to provide for the orderly development of land based aquaculture within the Town of Southold. II. Chapters 219 and 280 of the Code of the Town of Southold are hereby amended as follows: Southold Town Meeting Agenda - July 14, 2015 Page 29 §219-4. Definitions. For the purpose of this Chapter, the terms used herein are defined as follows: 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 unabridged (or latest edition). AQUACULTURE/MARICULTURE - The cultivation, planting, containment or harvesting of products that naturally are produced in the freshwater or marine environments, including finfish, shellfish, mollusks, crustaceans and seaweed., and the installation of cribs, racks and in-water structures for cultivating such products. , but excluding the construction of any building, any filling or dredging or the construction of any water-regulating structures. AQUACULTURE - The cultivation, planting, containment or harvesting of products that are naturally produced in freshwater or marine environments, including finfish, shellfish, mollusks, crustaceans and seaweed. LAND BASED AQUACULTURE - Any form of aquaculture that does not take place in a natural body of water or marine environment. MARICULTURE - Aquaculture that does take place in natural bodies of water and marine environments including the installation of cribs, racks and other in-water structures. §280-4. Definitions. B. Definitions and Usages. 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 International Dictionary of the English Language, unabridged (or latest edition). AQUACULTURE - The cultivation, planting, containment or harvesting of products that are naturally produced in freshwater or marine environments, including finfish, shellfish, mollusks, crustaceans and seaweed. LAND BASED AQUACULTURE - Any form of aquaculture that does not take place in a natural body of water or marine environment. MARICULTURE - Aquaculture that does take place in natural bodies of water and marine environments including the installation of cribs, racks and other in-water structures. §280-13. Use regulations Southold Town Meeting Agenda - July 14, 2015 Page 30 In the A-C District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. (7) Land based aquaculture operations including research and development which meet the following standards: (a) The land based aquaculture operations shall be on a parcel that is at least 7 acres owned by the land based aquaculture operator. (b) The structures used for land based aquaculture operations shall be set back a minimum of 100 feet from any road and 200 feet from any contiguous parcel. (c) any land based aquaculture operation shall take place in a fully enclosed structure. (d) any land based aquaculture operation shall be entitled to a retail area not more than 10% of the gross floor area of the structure that the land based aquaculture takes place for the direct marketing of its products. (e) land based aquaculture operations shall be subject to site plan approval by the Planning Board. §280-58. Use regulations In the LIO District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: A. Permitted uses. The following uses are permitted uses and, except for those uses permitted under subsection A(1) hereof, are subject to site plan approval by the Planning Board: (17) Land based aquaculture operations including research and development which meet the following standards: (a) Any land based aquaculture operation shall take place in a fully enclosed structure. (b) Any land based aquaculture operation shall be entitled to a retail area not more than 10% of the gross floor area of the structure that the land based aquaculture takes place for the direct marketing of its products. Southold Town Meeting Agenda - July 14, 2015 Page 31 §280-62. Use regulations In the LI District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: A. Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1) and (2) hereof, are subject to site plan approval by the Planning Board: (16) Land based aquaculture operations including research and development which meet the following standards: (a) Any land based aquaculture operation shall take place in a fully enclosed structure. (b) Any land based aquaculture operation shall be entitled to a retail area not more than 10% of the gross floor area of the structure that the land based aquaculture takes place for the direct marketing of its products. 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-2015-659 Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated Robert Ghosio Tabled Withdrawn James Dinizio Jr Supervisor's Appt William P. Ruland Tax Receiver's Appt Jill Doherty Rescinded Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell No Action Lost Southold Town Meeting Agenda - July 14, 2015 Page 32 2015-660 CATEGORY: Legislation DEPARTMENT: Town Attorney LL/Aquaculture Uses to SCPC & PB RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Chapter 219, Shellfish and Other Marine Resources, and Chapter 280, Zoning, in connection with Aqua Planning for their recommendations and reports. Vote Record - Resolution RES-2015-660 Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated Robert Ghosio Tabled Withdrawn James Dinizio Jr Supervisor's Appt William P. Ruland Tax Receiver's Appt Jill Doherty Rescinded Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell No Action Lost 2015-661 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney PH 8/11/15 @ 7:32 PM LL/Transient Rental Properties WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk th County, New York, on the 14 day of July, 2015, a Local Law entitled relation to Amendments to Chapter 280, Zoning, in connection with Transient Rental RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the th 11day of August, 2015 at 7:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, reads as follows: Southold Town Meeting Agenda - July 14, 2015 Page 33 LOCAL LAW NO. 2015 A Local Law entitled, connection . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town Board of the Town of Southold has determined that with the advent of internet n a dramatic increase in residential homes being rented for short periods of time. The Town Board finds that such transient rentals threaten the residential character and quality of life of neighborhoods in which they occur. Additionally, the Town Board has determined that a short-term rental, as being potentially more lucrative, will necessarily decrease the inventory of available long-term affordable rentals. Therefore, the Town Board in order to protect the health, safety and welfare of the community requires the regulation of these transient rental properties. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-4. Definitions. TRANSIENT RENTAL PROPERTY A dwelling unit which is occupied for habitation as a residence by persons, other than the owner or a family member of the owner, and for which rent is received by the owner, directly or indirectly, in exchange for such residential occupation for a period of less than fourteen (14) nights. For the purposes of this Chapter, the term Transient Rental Property shall mean all non- owner occupied, single-family residences, two-family residences, and townhouses rented for a period of less than fourteen (14) nights and shall not include: 1. Any legally operating commercial hotel/motel business or bed and breakfast establishment operating exclusively and catering to transient clientele; that is, customers who customarily reside at these establishments for short durations for the purpose of vacationing, travel, business, recreational activities, conventions, emergencies and other activities that are customary to a commercial hotel/motel business. 2. A dwelling unit located on Fishers Island, due to the unique characteristics of the Island, including the lack of formal lodging for visitors. The presence of the following shall create a presumption that a dwelling unit is being used as a transient rental property: Southold Town Meeting Agenda - July 14, 2015 Page 34 1. The dwelling unit is offered for lease on a short-term rental website, including Airbnb, Home Away, VRBO and the like; or 2. The dwelling unit is offered for lease in any medium for a period of less than fourteen (14) nights. The foregoing presumption may be rebutted by evidence presented to the Code Enforcement Officer for the Town of Southold that the dwelling unit is not a transient rental property. §280-111. Prohibited uses in all districts. A. Any use which is noxious, offensive or objectionable by reason of the emission of smoke, dust, gas, odor or other form of air pollution or by reason of the deposit, discharge or dispersal of liquid or solid wastes in any form in such manner or amount as to cause permanent damage to the soil and streams or to adversely affect the surrounding area or by reason of the creation of noise, vibration, electromagnetic or other disturbance or by reason of illumination by artificial light or light reflection beyond the limits of the lot on or from which such light or light reflection emanates; or which involves any dangerous fire, explosive, radioactive or other hazard; or which causes injury, annoyance or disturbance to any of the surrounding properties or to their owners and occupants; and any other process or use which is unwholesome and noisome and may be dangerous or prejudicial to health, safety or general welfare, except where such activity is licensed or regulated by other governmental agencies. B. Artificial lighting facilities of any kind which create glare beyond lot lines. C. Uses involving primary production of the following products from raw materials: charcoal and fuel briquettes; chemicals; aniline dyes; carbide; caustic soda; cellulose; chlorine; carbon black and bone black; creosote; hydrogen and oxygen; industrial alcohol; nitrates of an explosive nature; potash; plastic materials and synthetic resins; pyroxylin; rayon yarn; hydrochloric, nitric, phosphoric, picric and sulfuric acids; coal, coke and tar products, including gas manufacturing; explosives; gelatin, glue and size (animal); linoleum and oil cloth; matches; paint, varnishes and turpentine; rubber (natural or synthetic); soaps, including fat rendering; starch. D. The following processes: (1) Nitrating of cotton or of other materials. (2) Milling or processing of flour. (3) Magnesium foundry. (4) Reduction, refining, smelting and alloying metal or metal ores. (5) Refining secondary aluminum. (6) Refining petroleum products, such as gasolines, kerosene, naphtha and lubricating oil. (7) Distillation of wood or bones. Southold Town Meeting Agenda - July 14, 2015 Page 35 (8) Reduction and processing of wood pulp and fiber, including paper mill operations. E. Operations involving stockyards, slaughterhouses and slag piles. F. Storage of explosives. G. Quarries. H. Storage of petroleum products. Notwithstanding any other provisions of this chapter, storage facilities with a total combined capacity of more than 20,000 gallons, including all tanks, pipelines, buildings, structures and accessory equipment designed, used or intended to be used for the storage of gasoline, fuel oil, kerosene, asphalt or other petroleum products, shall not be located within 1,000 feet of tidal waters or tidal wetlands. I. Encumbrances to public roads. (1) No person shall intentionally discharge or cause to be discharged any water of any kind onto a public highway, roadway, right-of-way or sidewalk causing a public nuisance, hazardous condition, or resulting in flooding or pooling in or around the public area, including neighboring properties. (2) No person shall place or cause to be placed obstructions of any kind, except the lawful parking of registered vehicles, upon a public highway, roadway, right-of- way or sidewalk that unreasonably interferes with the public's use of the public highway, roadway, right-of-way or sidewalk. J. Transient Rental Properties. §280-155. Penalties for offenses. A. For each offense against any of the provisions of this chapter or any regulations made pursuant thereto or for failure to comply with a written notice or order of any Building Inspector within the time fixed for compliance therewith, the owner, occupant, builder, architect, contractor, or their agents, or any other person who commits, takes part or assists in the commission of any such offense or any person, including an owner, contractor, agent or other person who fails to comply with a written order or notice of any Building Inspector or Zoning Inspector shall, upon a first conviction thereof, be guilty of a violation, punishable by a fine not exceeding $5,000 or by imprisonment for a period not to exceed 15 days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense. For a second and subsequent conviction within 18 months thereafter, such person shall be guilty of a violation punishable by a fine not exceeding $10,000 or by imprisonment for a period not to exceed 15 days, or by both such fine and imprisonment. Southold Town Meeting Agenda - July 14, 2015 Page 36 B. Notwithstanding the foregoing, any violation of §§280-13A(6), 280-13B(13), 280-13D, and 280-111(j) are hereby declared to be offenses punishable by a fine not less than $1,500 nor more than $8,000 or imprisonment for a period not to exceed six months, or both, for a conviction of a first offense; for convictions of a second or subsequent offense within 18 months, a fine not less than $3,000 nor more than $15,000 or imprisonment not to exceed a period of six months, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers in general, violations of this chapter shall be deemed misdemeanors, and, for such purpose only, all provisions of law relating to misdemeanors s additional violation. Additionally, in lieu of imposing the fine authorized in this section, in accordance with Penal Law §80.05(5), the court may sentence the defendant(s) to pay an amount, fixed by the court, not exceeding double the amount of the rent collected over the term of the occupancy. 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 sixty (60) days after its filing with the Secretary of State as provided by law. Vote Record - Resolution RES-2015-661 Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated Robert Ghosio Tabled Withdrawn James Dinizio Jr Supervisor's Appt William P. Ruland Tax Receiver's Appt Jill Doherty Rescinded Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell No Action Lost 2015-662 CATEGORY: Legislation DEPARTMENT: Town Attorney Southold Town Meeting Agenda - July 14, 2015 Page 37 LL/Transient Renatl Properties to SCPC & PB RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Amendments to Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations and reports. Vote Record - Resolution RES-2015-662 Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated Robert Ghosio Tabled Withdrawn James Dinizio Jr Supervisor's Appt William P. Ruland Tax Receiver's Appt Jill Doherty Rescinded Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell No Action Lost 2015-663 CATEGORY: Property Acquisition Purchase DEPARTMENT: Land Preservation Calabrese Elect to Purchase Dev Rights - SEQRA WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of a development rights easement on a certain parcel of property owned by John & th Joanne Calabrese on the 14 day of July, 2015, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as SCTM #1000-97.-1-12.8. The address is 34615 Main Road (NYS Rt 25) in Cutchogue. The property is located in the A-C zoning district and is situated on the northerly side of Main Road (NYS Route 25) approximately 1550 feet westerly from the intersection of Main Road (NYS Rt 25) and Bridge Lane in Cutchogue, New York; and WHEREAS, the development rights easement comprises a part of the property consisting of approximately 16.6± acres (subject to survey) of the 19± total parcel acreage. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owners; and WHEREAS, the easement will be acquired using Community Preservation Funds. This project is eligible for partial funding from an awarded grant from the New York State Department of Southold Town Meeting Agenda - July 14, 2015 Page 38 Agriculture and Markets. The purchase price is $64,000 (sixty-four thousand dollars) per buildable acre for the 16.6± acre easement plus acquisition costs; and WHEREAS, property that should be preserved due to its agricultural value; and WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program LWRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the development rights easement; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on this agricultural land; and, WHEREAS, THE TOWN BOARD OF THE TOWN OF SOUTHOLD CLASSIFIES THIS ACTION AS AN UNLISTED ACTION PURSUANT TO THE SEQRA RULES AND REGULATIONS, 6NYCRR 617.1 ET. SEQ.; AND, WHEREAS, the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and, WHEREAS, the Town Board of the Town of Southold accepted the Short Environmental Form for this project that is attached hereto; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action; and, be it further RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a development rights easement on agricultural land owned by John & Joanne Calabrese, identified as part of SCTM #1000-97.-1-12.8. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the LWRP and the Town Board has determined that this action is consistent with the LWRP. Vote Record - Resolution RES-2015-663 Adopted Yes/AyeNo/NayAbstainAbsent Adopted as Amended Robert Ghosio Defeated James Dinizio Jr Tabled William P. Ruland Withdrawn Southold Town Meeting Agenda - July 14, 2015 Page 39 Supervisor's Appt Jill Doherty Tax Receiver's Appt Louisa P. Evans Rescinded Scott A. Russell Town Clerk's Appt Supt Hgwys Appt No Action Lost VI. PUBLIC HEARINGS 1. P.H. Calabrese Dev Rights Purchase 7/14/2015 @ 7:32 Pm