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HomeMy WebLinkAboutAG-01/16/2018 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 January 16, 2018 7:30 PM POLICY: At scheduled Town Board meetings, the attending public is encouraged to briefly address the Town Board relating to agenda resolutions prior to their enactment; the public will also be given time at the conclusion of the regularly scheduled business agenda to address the Board on any given topic. ONLINE ACCESS: The Agenda is generally available the Friday before the meeting. The video of the meeting is usually available 1-2 hours after the meeting. Minutes with adopted resolutions are available 1-2 days after the meeting. A full copy of the minutes, agenda and meeting video can be viewed in one of two ways: (1) The town of Southold website: www.southoldtownny.gov Click on “Town Board On- Line”; Click Box “Yes” to be redirected to IQM2 and you will then be redirected to the Town Clerk online site. (2) www.townclerk.com Enter zip code 11971 in box on lower right hand side and “enter”. On the left hand side of screen a dark blue box will pop up, you will see "Town of Southold, Long Island, NY", click on this and another box will pop up that will tell you that you are being directed to another site click on “Yes” to go into the Town Clerk site. Go to the date of the meeting and click on "Minutes Packet" this is the full copy of the resolutions. (Scroll to bottom of page for KEY to symbols). You can view the live video of the meeting by clicking on the camera symbol. All of this information is available 24/7. If you would like help navigating the site, please feel free to call my office 631-765-1800. CALL TO ORDER 7:30 PM Meeting called to order on January 16, 2018 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee NamePresentAbsentLateArrived Councilman James Dinizio Jr  Councilman William P. Ruland  Councilwoman Jill Doherty  Councilman Robert Ghosio  Justice Louisa P. Evans  Supervisor Scott A. Russell  Southold Town Meeting Agenda - January 16, 2018 Page 2 I. REPORTS 1. Trustees Monthly Report December 2017 2. Justice Court Reports December 2017 Justice Evans, Hughes, Price 3. Planning Board Monthly Report December 2017 4. Town Clerk Reports December 2017 4th Quarter 2nd Half Year End 5. Recreation Department Monthly Report December 2017 6. Zoning Board of Appeals Monthly Report December 2017 II. PUBLIC NOTICES 1. NYS Liquor License Renewals Southold Village Liquors Fishers Island Yacht Club III. COMMUNICATIONS IV. DISCUSSION 1. 9:00 AM - Kristie Hansen-Hightower, Lloyd Reisenberg Change in Credit Card Charges and Procurement Policy Amendment 2. 9:15 AM - Jeff Standish and Lloyd Reisenberg Update on Building and Equipment Damage from Flood 3. 9:30 Am - Chief Flatley 2017 Police Department Crime Statistics Report 4. 9:45 Am - Michael Domino and John Bredemeyer Alternative Sanitary Systems and Emergency Wetland Permits Southold Town Meeting Agenda - January 16, 2018 Page 3 5. 10:00 Am - Mark Terry Request of Waiver from Chapter 161, Highway Specifications Article 111, Roadway Construction (for Proposed Standard Subdivision at SCTM# 1000-78-9-54) 6. 10:15 Am - Louise Harrison Update on Sale of Plum Island- Preserve Plum Island Coalition and Save the Sound Strategic Roles 7. 10:30 Am - Michael Collins and Jamie Richter Stormwater Projects 8. 10:45 Am - Councilman Dinizio Hashamomuck Cove ACOE Restoration Plan 9. Amendment to Chapter 275- Moving the Administration of Coastal Contractor’s License from Town Clerk’s Office to Trustee’s Office 10. Amendments to Chapter 205- Special Events 11. Fishers Island Utility Company, Inc. – Request for Change of Zoning District Designation 12. Authorize Town Clerk to Advertise for P/T Clerk Typist in the Zoning Board of Appeal Office 13. EXECUTIVE SESSION - Labor - Matters Involving the Employment of a Particular Person(S) - Water Conservation Committee - Town Attorney’s Office - 12:00 Melissa Spiro 14. EXECUTIVE SESSION - Acquisition of Property, Publicity of Which Could Substantially Affect the Value Thereof 15. EXECUTIVE SESSION - Lease of Real Property, Publicity of Which Could Substantially Affect the Price Thereof 16. EXECUTIVE SESSION - Litigation - Town of Southold v. EPA - Grimes v. Trustees (Federal) & Town of Southold v. Grimes (Justice Court) V. RESOLUTIONS 2018-89 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Southold Town Meeting Agenda - January 16, 2018 Page 4 Next Town Board Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, January 30, 2018 at Southold Town Hall, 53095 Main Road, Southold, New York at 4:30 P. M.. Vote Record - Resolution RES-2018-89  Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated  James Dinizio Jr  Tabled  Withdrawn  William P. Ruland Supervisor's Appt  Jill Doherty  Tax Receiver's Appt  Robert Ghosio  Rescinded Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt  Scott A. Russell  No Action  Lost  2018-90 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated January 16, 2018. Vote Record - Resolution RES-2018-90  Adopted  Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated James Dinizio Jr Tabled Withdrawn  William P. Ruland  Supervisor's Appt  Jill Doherty  Tax Receiver's Appt  Robert Ghosio Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt Scott A. Russell  No Action Lost Southold Town Meeting Agenda - January 16, 2018 Page 5 2018-91 CATEGORY: Budget Modification DEPARTMENT: Police Dept Police Department-Budget Modification Financial Impact: Donations: Lavender by the Bay & Daly RESOLVED increases the 2018 General that the Town Board of the Town of Southold hereby Fund Whole Town Budget as follows : Revenues: A.2705.40 Gifts & Donations $3,000 Total $3,000 Appropriations: A.3120.2.500.850 Police/Equipment/Traffic Cones/Barricades $2,000 A.3120.2.500.775 Police/Other Equipment/In Car Video $1,000 Total $3,000 Vote Record - Resolution RES-2018-91  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  James Dinizio Jr  Tabled  Withdrawn William P. Ruland  Supervisor's Appt Jill Doherty Tax Receiver's Appt  Robert Ghosio  Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell No Action  Lost 2018-92 CATEGORY: Employment - Town DEPARTMENT: Accounting Accepts Resignation of Lucille Cappabianca RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Lucille Cappabianca from the position of Part Time Legal Secretary for the Zoning Board of Appeals effective February 1, 2018. Southold Town Meeting Agenda - January 16, 2018 Page 6 Vote Record - Resolution RES-2018-92  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated James Dinizio Jr Tabled Withdrawn William P. Ruland  Supervisor's Appt  Jill Doherty  Tax Receiver's Appt  Robert Ghosio Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell  No Action Lost 2018-93 CATEGORY: Employment - Town DEPARTMENT: Accounting Permission to Attend Civil Service Meeting RESOLVED grants permission to that the Town Board of the Town of Southold hereby Christine Foster, Secretarial Assistant-Accounting & Finance Department, to attend a Civil Service Meeting in Hauppauge, NY on January 23, 2018. Travel to be by Town vehicle. Vote Record - Resolution RES-2018-93  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  James Dinizio Jr Tabled Withdrawn William P. Ruland  Supervisor's Appt  Jill Doherty  Tax Receiver's Appt  Robert Ghosio Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell  No Action Lost 2018-94 CATEGORY: Landfill Misc. DEPARTMENT: Solid Waste Management District Southold Town Meeting Agenda - January 16, 2018 Page 7 Scrap Tire Tip Fee WHEREAS the Town has experienced an increase in the cost to dispose of waste scrap tires for RESOLVED 2018, it is hereby by the Town Board of the Town of Southold that the tip fee for scrap tires received at the Cutchogue Transfer Station shall be set at $0.03/lb. Vote Record - Resolution RES-2018-94  Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated  James Dinizio Jr  Tabled  Withdrawn  William P. Ruland Supervisor's Appt  Jill Doherty  Tax Receiver's Appt  Robert Ghosio  Rescinded Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt  Scott A. Russell  No Action  Lost  2018-95 CATEGORY: Attend Seminar DEPARTMENT: Accounting Training RESOLVED that the Town Board of the Town of Southold hereby grants permission to Kristie Hansen-Hightower to attend a webinar on January 18, 2018 on GAAP accounting updates and the annual NYS GFOA conference in Albany from March 21-23, 2018. All expenses for registration, lodging, meals and travel to be a legal charge to the 2018 budget (A1310.4.600.20, Meetings and Seminars and A.1310.4.600.300, Travel). Vote Record - Resolution RES-2018-95  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  James Dinizio Jr  Tabled  Withdrawn  William P. Ruland  Supervisor's Appt Jill Doherty Tax Receiver's Appt Robert Ghosio  Rescinded Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell No Action  Lost  Southold Town Meeting Agenda - January 16, 2018 Page 8 2018-96 CATEGORY: Budget Modification DEPARTMENT: Accounting 2018 Budget Modification- Public Heatlh (Town Clerk) Financial Impact: Fund budget line for annual cost of blood pressure machine RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 Highway Fund and Capital budgets as follows: From: A.1990.4.100.100 Unallocated Contingencies $300 Total $300 To: A.4010.4.400.700 Blood Pressure Machine $300 Total $300 Vote Record - Resolution RES-2018-96  Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated  James Dinizio Jr  Tabled  Withdrawn  William P. Ruland Supervisor's Appt  Jill Doherty  Tax Receiver's Appt  Robert Ghosio  Rescinded Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt  Scott A. Russell  No Action  Lost  2018-97 CATEGORY: Bid Acceptance DEPARTMENT: Land Preservation Accept Bid-Execute Engagement Ltr of George Rehn 2017 CPF Audit RESOLVEDaccepts the bid of George that the Town Board of the Town of Southold hereby R. Rehn, Certified Public Accountant, East Setauket, New York, in an amount not to Southold Town Meeting Agenda - January 16, 2018 Page 9 exceed $4,000 for the preparation of an annual audit of the Community Preservation Funds for the year 2017 for purposes of determining whether the fund has been administered consistent with the provision of New York State Law § 64-e and Southold Town Code Chapter 17. Contract period shall be from date of award until completion of the 2017 Community Preservation Fund audit with an option for renewal, under the same terms and conditions, with concurrence of the Town and the contractor for two additional one-year periods in an amount not to exceed $4000 for the CPF audit years 2018 and 2019, all in accordance with the bid proposal; and, be it further RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an engagement letter with George R. Rehn, Certified Public Accountant, regarding the preparation of an annual audit of the Peconic Bay Community Preservation Fund for the year ended December 31, 2017 , in accordance with the bid proposal submitted to the Town, and subject to the approval of the Town Attorney. Vote Record - Resolution RES-2018-97  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  James Dinizio Jr  Tabled  Withdrawn  William P. Ruland  Supervisor's Appt Jill Doherty Tax Receiver's Appt Robert Ghosio  Rescinded Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell No Action  Lost  2018-98 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Increase Salary of Shyanne Dickson RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted January 9, 2018 that increases the salary of Shyanne Dickson to $11.00 per hour with effect December 31, 2017. Southold Town Meeting Agenda - January 16, 2018 Page 10 Vote Record - Resolution RES-2018-98  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated James Dinizio Jr Tabled Withdrawn William P. Ruland  Supervisor's Appt  Jill Doherty  Tax Receiver's Appt  Robert Ghosio Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell  No Action Lost 2018-99 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Increase Salary of Jonathan Haney RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted January 9, 2018 that increases the salary of Jonathan Haney to $72,100.00 per annum with effect February 13, 2018. Vote Record - Resolution RES-2018-99  Adopted  Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated James Dinizio Jr  Tabled  Withdrawn  William P. Ruland Supervisor's Appt  Jill Doherty  Tax Receiver's Appt  Robert Ghosio  Rescinded  Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell  No Action Lost  2018-100 CATEGORY: Organizational DEPARTMENT: Assessors Suffolk County Assessors Association Southold Town Meeting Agenda - January 16, 2018 Page 11 RESOLVED that the Town Board of The Town of Southold hereby grants permission to Claire Glew to join and attend meetings of the Suffolk County Assessors Association. Dues of $25.00 to be a legal charge against the Assessors 2018 budget. Vote Record - Resolution RES-2018-100  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  James Dinizio Jr  Tabled  Withdrawn William P. Ruland  Supervisor's Appt Jill Doherty Tax Receiver's Appt  Robert Ghosio  Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell No Action  Lost 2018-101 CATEGORY: Attend Seminar DEPARTMENT: Town Clerk Amend Resolution 2010-113 RESOLVEDamends Resolution 2010-113 the Town Board of the Town of Southold hereby to read as follows: The following representations shall be approved to attend the Association of Town Meeting: 2 Town Justices Justice Court Director 3 Justice Court Clerks Vote Record - Resolution RES-2018-101  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated James Dinizio Jr Tabled Withdrawn William P. Ruland  Supervisor's Appt  Jill Doherty  Tax Receiver's Appt  Robert Ghosio Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell  No Action Lost Southold Town Meeting Agenda - January 16, 2018 Page 12 2018-102 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney SC Dept of Economic Development RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an Agreement between the County of Suffolk Department of Economic Development and Planning and the Town of Southold , in connection with the Capital Project Contract in the amount of $60,180.00 for the term February 1, 2018 through January 31, 2020, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2018-102  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated James Dinizio Jr Tabled Withdrawn William P. Ruland  Supervisor's Appt  Jill Doherty  Tax Receiver's Appt  Robert Ghosio Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell  No Action Lost 2018-103 CATEGORY: Budget Modification DEPARTMENT: Accounting 2018 Budget Modifcation- IT/DPW Financial Impact: Transfer amount of insurance deductible for cost of repairs RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 General Fund Whole Town budget as follows: From: A.1990.4.100.100 Unallocated Contingencies $10,000 Total $10,000 Southold Town Meeting Agenda - January 16, 2018 Page 13 To: A1620.4.400.100 Buildings & Grounds, Building Maint/Repairs $5,000 A1680.4.100.300 Central Data Processing, Workstations/Printers $5,000 Total $10,000 Vote Record - Resolution RES-2018-103  Adopted Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  James Dinizio Jr  Tabled  Withdrawn  William P. Ruland  Supervisor's Appt  Jill Doherty Tax Receiver's Appt Robert Ghosio  Rescinded Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell No Action  Lost  2018-104 CATEGORY: Employment - Town DEPARTMENT: Town Clerk Authorize to Advertise for Part-Time Clerk-Typist in the Office of the Zoning Board of Appeals RESOLVED the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for a Part-Time Clerk-Typist in the office of the Zoning Board of Appeals. Vote Record - Resolution RES-2018-104  Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated James Dinizio Jr  Tabled  Withdrawn  William P. Ruland Supervisor's Appt  Jill Doherty  Tax Receiver's Appt  Robert Ghosio  Rescinded  Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell  No Action Lost  Southold Town Meeting Agenda - January 16, 2018 Page 14 2018-105 CATEGORY: Legal DEPARTMENT: Town Attorney Retain John Burke, Esq. RESOLVED Town Board of the Town of Southold hereby appoints and authorizes the Town Attorney to retain John Burke, Esq. of the law firm Certilman Balin to act as Special Prosecutor in the Town Justice Court matter People of Town of Southold v. Charles W. Grimes (Case No. 17090066). Vote Record - Resolution RES-2018-105  Adopted Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  James Dinizio Jr  Tabled  Withdrawn  William P. Ruland Supervisor's Appt  Jill Doherty  Tax Receiver's Appt Robert Ghosio  Rescinded Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt  Scott A. Russell  No Action  Lost  2018-106 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Contract of Sale - Peconic Parcel RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a Contract of Sale for the purchase of real property located in Peconic, New York, where publicity of the parcel could significantly effect the purchase price thereof, subject to Town Attorney. Vote Record - Resolution RES-2018-106  Adopted  Yes/AyeNo/NayAbstainAbsent Adopted as Amended Defeated James Dinizio Jr  Tabled  William P. Ruland  Withdrawn  Jill Doherty Supervisor's Appt  Robert Ghosio Tax Receiver's Appt  Rescinded  Louisa P. Evans  Town Clerk's Appt  Southold Town Meeting Agenda - January 16, 2018 Page 15 Supt Hgwys Appt  Scott A. Russell  No Action  Lost 2018-107 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney PH 1/30/18 @ 4:30 Pm - Chapter 275 WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk th “A Local Law in County, New York, on the 16 day of January, 2018, a Local Law entitled relation to Amendments to Chapter 275, Wetlands and Shoreline, in connection with Coastal Contractor Licensing” now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 30th day of January, 2018 at 4:30 p.m. at which time all interested persons will be given an opportunity to be heard. “A Local Law in relation to Amendments to Chapter 275, The proposed Local Law entitled, Wetlands and Shoreline, in connection with Coastal Contractor Licensing” reads as follows: LOCAL LAW NO. 2018 “A Local Law in relation to Amendments to Chapter 275, Wetlands A Local Law entitled, and Shoreline, in connection with Coastal Contractor Licensing” . BE IT ENACTED by the Town Board of the Town of Southold as follows: Purpose. I. In order to continue to protect the natural state of the shorelines and wetlands within the Town of Southold, it is the purpose of these amendments to provide herein for a strengthened system of local licensing of marine contractors in order to more fully protect homeowners and responsible marine contractors alike. II. Chapter 275 of the Code of the Town of Southold is hereby amended as follows: § 275-3(a) Licensing of Coastal Contractors. A. Commencing January 1, 2018 it shall be unlawful for any person to engage in coastal construction in the Town of Southold without first obtaining a license from the Southold Southold Town Meeting Agenda - January 16, 2018 Page 16 Town Clerk’s Board of Trustees Office in accordance with the provisions of this Chapter. Such license or a copy thereof shall be available at all of the contractor’s work sites and shall be produced to any official having jurisdiction upon demand. Licenses for coastal contractors are non-transferable. F. Revocation of license. (5) Such notice shall be sent by certified mailing to the address provided in the application for the license on file in the Town Clerk’s Trustees’ Office, or, in the alternative, to the license holder’s last known address. Such notice must be mailed at least five days prior to the date of the hearing. 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 after filing with the Secretary of State as provided by law. Vote Record - Resolution RES-2018-107  Adopted  Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated James Dinizio Jr Tabled Withdrawn  William P. Ruland  Supervisor's Appt  Jill Doherty  Tax Receiver's Appt  Robert Ghosio Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt Scott A. Russell  No Action Lost 2018-108 CATEGORY: Employment - Town DEPARTMENT: Town Clerk Water Conservation Committee Removal of Member RESOLVED that the Town Board of the Town of Southold hereby removes Christopher Biemiller from his position of Member of the Water Conservation Committee effective Southold Town Meeting Agenda - January 16, 2018 Page 17 immediately. Vote Record - Resolution RES-2018-108  Adopted Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  James Dinizio Jr  Tabled  Withdrawn  William P. Ruland  Supervisor's Appt  Jill Doherty Tax Receiver's Appt Robert Ghosio  Rescinded Town Clerk's Appt Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell No Action  Lost  2018-109 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Water Conservation Committee RESOLVEDappoints Glynis Berry to that the Town Board of the Town of Southold hereby the position of Member of Water Conservation Committee, effective immediately, for a term o9f office to expire on March 31, 2019, to serve in this capacity without compensation. Vote Record - Resolution RES-2018-109  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  James Dinizio Jr  Tabled  Withdrawn William P. Ruland  Supervisor's Appt Jill Doherty Tax Receiver's Appt Robert Ghosio  Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell No Action  Lost  2018-110 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney Southold Town Meeting Agenda - January 16, 2018 Page 18 PH 2/13 @ 7:30 Pm - Chapter 205 WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk th 16of January, 2018“A Local Law in County, New York, on the day , a Local Law entitled relation to Amendments to Chapter 205, Public Entertainment and Special Events” 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 13day of February, 2018 at 7:30 p.m. at which time all interested persons will be given an opportunity to be heard. “A Local Law in relation to Amendments to Chapter 205, The proposed Local Law entitled, Public Entertainment and Special Events” reads as follows: LOCAL LAW NO. 2018 “A Local Law in relation to Amendments to Chapter 205, Public A Local Law entitled, Entertainment and Special Events” . BE IT ENACTED by the Town Board of the Town of Southold as follows: Chapter 205. Public Entertainment and Special Events Article I. General Provisions § 205-1. Purpose. It is the intent of this chapter to establish procedures and requirements for conducting special events in the Town of Southold to preserve the public peace, good order and the integrity of the use regulations established under the Zoning Code, to properly provide for the health, safety and welfare of the general public and to provide penalties for violations of the provisions herein. § 205-2. Definitions. As used in this chapter, the following terms shall have the meanings indicated: PARKING CAPACITY For the purposes of this chapter, parking capacity shall be the number of cars, limousines or buses permitted on the site according to a site plan approved by the Town of Southold Planning Board. SPECIAL EVENT Any temporary gathering, demonstration, performance, exhibition, amusement or activity that is not currently a permitted use of the property in the applicable zoning district or which requires a parking area to accommodate all vehicles transporting attendees to the event that is larger than the existing parking capacity of the site that is conducted or sponsored by a person, organization, entity or association, including, but not limited to, carnivals, circuses, fairs, bazaars, outdoor shows and concerts, parades, walks, runs, marathons, bicycle races or motorcycle rallies, which may involve one or more of the following: A. The closing of a public street. B. The use, blocking or restriction of Town property, roads or rights-of-way; Southold Town Meeting Agenda - January 16, 2018 Page 19 180 C. The use of amplified sound exceeding the standards set forth in Chapter of the Town Code. D. The sale of merchandise that is not ordinarily sold in the normal course of the applicant's business. E. The sale or service of food to the public with the exception of the following: (1) On land used in agricultural production, the sale or service of food products composed primarily of ingredients produced on site; or (2) On land used in agricultural production that maintains a winery or farm winery license issued by the New York State Liquor Authority, the sale or service of food items which customarily complement wine tastings and that are ordinarily consumed while standing or walking and without the need for utensils. F. The substantial increase or disruption of the normal flow of traffic on any street or highway. G. The placement of portable toilets. H. The placement of temporary no-parking or directional signs or banners. I. The use of any Town services that would not be necessary in the absence of such an event. SPECIAL EVENT COMMITTEE The Special Even Committee, also referred to in his chapter as the “Committee” shall review applications forwarded to it by the Town Clerk’s Office. The Committee shall make determinations as to the completeness of the application, request further documentation as it deems necessary as set forth in this Chapter, and make recommendations to the Town Board as to whether the application should be granted or denied. The Committee shall consist of: the Government Liaison Officer, who shall act as the Chairperson; the Chairperson of the Zoning Board of Appeals or his or her designee; the Planning Director or his or her designee; the Chief of Police, or his or her designee, and; the Chief Building Inspector, or his or her designee. The Town Attorney shall act as counsel to the Committee. The Town Board shall appoint a secretary to assist the Committee in the processing of applications. § 205-3. Permit required. A. To preserve public peace, good order and the health, safety and welfare of the residents of the Town of Southold, special events shall be prohibited in the Town of Southold unless a special event permit is obtained in accordance with the requirements set forth in this chapter and as follows: (1) All special events on private property and with an expected attendance of less than 1,000 attendees shall obtain approval of the Chairperson of the Zoning Board of Appeals in accordance with the terms set forth in Article II of this chapter shall require the issuance of a Special Event Permit by a resolution of the Town Board. (2) All special events on private property with an expected attendance exceeding 1,000 attendees or special events on Town property shall obtain the approval of the Town Board as set III forth in Article of this chapter. Southold Town Meeting Agenda - January 16, 2018 Page 20 B. The provisions of this chapter shall not apply to: (1) Any event held on property owned by any special district that is contained on site and has adequate parking, ingress, egress, traffic control and sanitary facilities to host such an event; (2) Any event held on property owned by a not-for profit for its own fundraising that is contained on site and has adequate parking, ingress, egress, traffic control and sanitary facilities to host such an event; (3) Occasional events on private residential properties hosted by the owner thereof to celebrate family events, holidays, charitable or other not-for-profit fundraisers; however, any use of residential property for profit, such as a venue for weddings or other events, is prohibited. Article II. Special Events Requiring Chairperson of Zoning Board of Appeals Approval Permit Application Requirements and Procedure § 205-4. Application requirements. The following information and materials are to be submitted with an application for a special event permit. The Zoning Board of Appeals office may accept a single application for a recurring event or a series of similar events (not to exceed six in a three-month period) that are of like size and scope. A. A completed special event application form which includes the following information: (1) The name, address and telephone number(s) of the person(s) who will be organizing the event and who can be contacted prior to and during the event by Town officials. (2) The address of the event location. (3) The proposed dates and hours of the special event, including setup and shutdown times. (4) The expected maximum number of persons intended to use the property at one time and collectively, including organizers, employees, vendors, exhibitors and spectators/participants. (5) Expected number of automobiles and other vehicles intended to use the property at one time and collectively. (6) The name, address and telephone number of the person(s) who will be engaged in the preparation and/or sale of food, alcohol, or beer and a copy of the State Liquor Authority license and County Department of Health Services permit number for the activity. (7) The name, address and cellular telephone number of any security company which will work on the premises, and a description of the duties to be performed. Southold Town Meeting Agenda - January 16, 2018 Page 21 (8) The dimensions of any tents to be utilized for the event. All tents erected in connection with an event will require an application to, and the approval of, the Building Department. (9) Certification that the property where the event is to take place is not subject to any covenant or restriction limiting its use, or if the use is restricted by easement or otherwise, a copy of a survey or diagram depicting the easement area and any reserved area where development rights are intact. (10) The applicant must provide a certificate of general liability insurance naming the Town of Southold as an additional insured with limits of $1,000,000 per occurrence or such other limit as may be required by the Town Board for events where expected attendance exceeds 500 attendees. B. The appropriate An application fee. (1) The fees for Special Event permits shall be proscribed by a resolution of the Town Board in the following amounts for each event: (1) For events where the expected attendance is less than 500 attendees: $150. (2) For events where the expected attendance is 500 to 1,000 attendees: $250. (3) Applications that are submitted less than 60 days prior to the proposed event may be rejected or subject to a late processing fee of $250. C. A general description of the proposed event including: (1) The purpose of the event and description of the nature of the activities to be carried on and the admission fee to be charged, if any. (2) The names of groups, organizations, charities or individuals who shall benefit from the proceeds of the event. D. A parking/event plan showing: (1) The size of the property and its location in relation to abutting streets or highways. (2) The size and location of any existing building(s) or structure(s) that will be in operation during the course of the event and any proposed building, structure or signs to be erected temporarily for the event. Southold Town Meeting Agenda - January 16, 2018 Page 22 (3) The location of the stage or tents, if any. (4) The designated areas of use for spectators, exhibitors, vendors, employees and organizers. (5) The location of all exits. (6) The location of all fire extinguishers and other fire safety equipment. (7) The location of all temporary utilities to be installed for the event, if any. (8) The layout of any parking area for automobiles and other vehicles and the means of ingress and egress for such parking areas. The parking spaces must allow for 300 square feet per car. (9) A traffic control plan for vehicles entering and leaving the site for the proposed event. (10) A plan for the use of live outdoor music, loudspeakers and other sounds which will be used, if any, and the type and location of speakers and other audio equipment. (11) A description of emergency access and facilities related to the event. (12) Provisions to dispose of any garbage, trash, rubbish or other refuse. (13) The location and a description of any additional lighting to be utilized in conjunction with the event. (14) The location of sanitary facilities on site. E. A description of any signage to be displayed adjacent to a Town, county or state road, including size, location and dates of display. F. A certificate of insurance not less than $2,000,000 naming the Town of Southold as an additional insured. G. A minimum cleanup deposit of $250. F.H. The Chairperson Town Board may require the applicant to send and provide certification that written notice was sent to every property owner abutting or adjacent to the property where the event is to be held, as shown on the current Town of Southold assessment roll, and directly opposite (by extension of the lot lines through a street or right-of-way) of the property that is the subject of the application. Said Southold Town Meeting Agenda - January 16, 2018 Page 23 notice shall include the date, time and location of the proposed special event. G.I. Notwithstanding the foregoing, the Chairperson of the Zoning Board of Appeals Town Board, upon request by an applicant, may waive in whole or in part any of the foregoing application requirements upon a finding that said requirements are not necessary for proper consideration of a permit application in accordance with the 205-5E(1) (15) standards set forth in § through or for the protection of health, safety and welfare. The Town Board’s determination of any waiver request shall be in writing to the applicant and shall specify the reason for the grant or denial. If a waiver is granted, the Town Board may attach appropriate conditions to protect the public interest. § 205-5. Application review procedure and standards. A. All applications for a special event permit must be submitted at least 60 days prior to a proposed event to the Zoning Board of Appeals Town Clerk’s Office. Any application that is not complete may not be accepted and or processed. Upon receipt of an application for a special event permit, the Town Clerk shall cause the application to be forwarded to the Special Event Committee. B. Upon receipt of an application, the Committee shall review the application and make a determination as to completeness. When the Chairperson of the Zoning Board of Appeals Upon making a determination that the application is complete, determines said application is complete, the Chairperson Committee shall cause the application and related documentation to be distributed to any Town, county or state agencies that may have jurisdiction over the event for their review and comment on any of the 205-5E criteria set forth in § of this article. Such referrals may include the Police Department, the Planning Department, the Building Department, the Office of the Zoning Board of Appeals, the Suffolk County Planning Commission, the Land Preservation Department, the Code Enforcement Department, the Fire Inspector Marshal, the Assessors’ Office and/or the Town Attorney. C. Upon receipt of comments, the the Chairperson of the Zoning Board of Appeals Committee shall review the complete application and make a recommendation to the Town Board as whether to grant the application, deny the application, or grant the application with conditions. In considering whether to recommend approval or denial of the application, the Committee shall consider the criteria set forth in subsection “E” of this section. determine whether to require revisions to the proposed event application. D. If no revisions are required, or upon the submission of a revised application, the Chairperson of the Zoning Board of Appeals may deny or approve the application with conditions The Committee shall make a recommendation to the Town Board within 30 days of receipt of a complete application. E. Upon receipt of an application from the Special Events Committee, the Town Board shall review the application and make a determination whether to; grant the Southold Town Meeting Agenda - January 16, 2018 Page 24 application as applied for, deny the application, or grant the application with conditions. In making its determination the Town Board shall consider the following: (1) The size and capacity of the site to accommodate the proposed event. (2) The facilities available. (3) The availability of highways and other means of transportation to and from the site. (4) The impact of the event on the safe and orderly movement of traffic within and contiguous to the event. (5) The need for the Town to police such event, and whether the number of police officers assigned to properly police such event will prevent the Town from providing adequate police protection to the remainder of the Town. (6) The impact of the event on fire and police protection and ambulance service to the areas contiguous to the event and to the Town in general. (7) The impact of the event on the movement of firefighting equipment or ambulance service to the Town or to areas contiguous to the event. (8) The impacts on adjacent property owners and the surrounding neighborhood. (9) Whether the owner, applicant or event sponsor has violated a previously issued special event permit. (10) Verification that there are no outstanding violations on the property at which the event will be held or any outstanding or unsatisfied conditions of a Town agency approval, including, but not limited to, those of the Planning Board or the Zoning Board of Appeals. (11) Verification that the grant of the permit will not violate any existing covenants or easements on the property. (12) Whether a permit has been granted for a prior event that was the same or substantially similar in size and scope to the event applied for and/or resulted E(4)(5), (6)(7)(8) in the impacts defined in Subsection , , and above. (13) Whether the frequency of prior or proposed special events on the site constitutes a change or intensification of the permitted use of the property necessitating a use variance or further site plan review. (14) If an applicant is requesting a special event permit that was held the previous year, the verification must be submitted from those charities listed on the previous application. (15) Any other matters that relate to the health, safety and welfare of the general public. Southold Town Meeting Agenda - January 16, 2018 Page 25 F. A deposit shall be made in an amount to be determined prior to issuance of the permit based upon the estimated direct costs attributable to additional police and highway costs associated with the event. After the event, the deposit will be used to cover such costs, and any monies remaining will be returned to the applicant. G. Where the Town determines that there is no specific Town benefit from the event or that the event is conducted for profit, an additional deposit shall be made in an amount to be determined prior to issuance of the permit based upon the estimated direct costs attributable to additional police, highway and cleanup costs associated with the event. After the event, the deposit will be used to cover such costs, and any monies remaining will be returned to the applicant. If the costs incurred by the Town exceeds the amount deposited, the applicant shall be responsible for the additional costs incurred by the Town as a result of the Special Event. H. A special event permit is not transferable and shall expire at the close of the event(s) for which it is issued. I. The special event permit issued hereunder shall be displayed on the premises during the special event and shall be available for inspection by a police officer or other enforcement officer of the Town upon request. J. Applications for tent permits required for any event must be submitted directly to the Building Department. K. At the sole discretion of the Committee, applications that are submitted less than 60 days prior to the proposed event may be rejected or be considered subject to the applicant paying a late processing fee. § 205-6. Appeal from denial of a special event permit. An applicant who is denied a permit by the the Chairperson of the Zoning Board of Appeals Town Board may apply to the Town Board for reconsideration of the application by filing an appeal with the Town Clerk within 10 days of the date of the denial. A complete copy of the application submitted to the Office of the Zoning Board of Appeals shall accompany the request for reconsideration. The Town Board may, following a public hearing, affirm, amend or reverse the determination the Chairperson of the Zoning Board of Appeals its prior decision subject to any conditions deemed appropriate under the circumstances. Article III. Special Events Requiring Town Board Approval § 205-7. Events held on Town lands or events exceeding 1,000 attendees. A. Any event held on property owned, leased or controlled by the Town or any event where the expected attendance exceeds 1,000 people shall be subject to approval by resolution of a majority of the Town Board following the submission of an application to the Town Clerk 60 days prior to the proposed event. In reviewing applications for such events, the Town Board may 205-5E consider the following criteria in addition to the criteria set forth in § above: (1) The size of the premises in relation to the number of people attending the event. Southold Town Meeting Agenda - January 16, 2018 Page 26 (2) The sufficiency of arrangements made to control traffic, parking, noise, lighting and refuse. (3) The frequency of events proposed or approved for the premises and whether the frequency is so great that the events constitute a persistent usage of the property incompatible with its character or with that of the surrounding area. (4) Conflicts with ordinary public use of the land, roads or facilities involved. (5) Whether the applicant has been convicted for failure to comply with the terms of this chapter within the past three years. (6) Adherence to the Town Board policy of discouraging events at Town beaches and parks from the Friday before the observance of Memorial Day until Labor Day. (7) If two or more events with an expected attendance of more than 1,000 people are scheduled for the same date and are within a half-mile radius of each other, the Town Board will determine if there are adequate resources for the events. If there are not sufficient resources to ensure public health and safety, the Town Board shall deny one or more permits if the impacts of the events cannot be mitigated. When deciding which event to deny, the Town Board shall consider the following: (a) Whether the event is recurring. (b) Whether the site has been subject to a violation within the last three years. (c) The date the permit application was submitted. (d) If events occurred the prior calendar year, the Chairperson of the Zoning Board of Appeals shall consider what their impact was on that area of the Town. (e) Whether the event will yield a donation to one or more local charities. B. For any special event that is to be held on land owned, leased or controlled by the Town of Southold, the application shall include the following: (1) A completed special event application form which contains the following information: (a) The name, mailing address, e-mail address and telephone number(s) of the person(s) who will be organizing the event and who can be contacted prior to and during the event by Town officials. (b) The proposed event location and type of event. (c) The proposed dates and hours of the special event, including setup and shutdown times. (d) The expected maximum number of persons intended to use the property at one time and collectively, including organizers, employees, vendors, exhibitors and spectators/participants. (e) If there are any special requirements needed for the event, including, but not limited to, police presence or road closures. (2) An application fee in the sum of $250 for events where the expected attendance does not exceed 1,000 attendees. (3) A certificate of insurance not less than $2,000,000 naming the Town of Southold as an additional insured. (4) A minimum cleanup deposit of $250. (5) Where the Town determines that there is no specific Town benefit from the event or that the event is conducted for profit, an additional deposit shall be made in an amount to be determined prior to issuance of the permit based upon the estimated direct costs attributable to additional police, highway and cleanup costs associated with the event. After the event, the deposit will be used to cover such costs, and any monies remaining will be returned to the applicant. (6) Any additional information required by the Town Clerk. C. For any special event where the expected attendance exceeds 1,000 attendees, the application Southold Town Meeting Agenda - January 16, 2018 Page 27 205-4A shall include all information required under § , as well as the following: (1) An application fee of $350. (2) A certificate of insurance not less than $2,000,000 naming the Town of Southold as an additional insured. (3) The Town Board may require the applicant to send and provide certification that written notice was sent to every property owner abutting or adjacent to the property where the event is to be held, as shown on the current Town of Southold assessment roll, and directly opposite (by extension of the lot lines through a street or right-of-way) of the property that is the subject of the application. Said notice shall include the date, time and location of the proposed special event. D. Notwithstanding the foregoing, the Town Board, upon request by an applicant, may waive in whole or in part any of the foregoing application requirements upon a finding that said requirements are not necessary for proper consideration of a permit application or for the protection of health, safety and welfare. The Town Board resolution shall specify the reason for the grant or denial. If a waiver is granted, the Town Board may attach appropriate conditions to protect the public interests. Article IV III. Enforcement § 205-8. Modification or rescission of permit. If, after a permit is issued, the Chairperson of the Zoning Board of Appeals or the Town Board determines that any of the representations and/or statements contained in the application are materially inaccurate or any of the conditions of the permit have not been complied with, the Town may serve the permittee's agent a notice of rescission of special permit specifying the manner in which the permittee has not complied with the terms of its permit and/or identifying the incorrect information supplied in the application. The Zoning Board of Appeals Chairperson or the Town Board may, for good cause, modify or rescind such permit, absolutely or upon conditions. § 205-9. Penalties for offenses. A. It shall be unlawful for any owner, occupant or his/her agent or any other person to fail to comply with any provisions of this chapter or to fail in any manner to comply with a written notice, directive or order of the Director of Code Enforcement, Zoning Inspector or the Southold Police Department, or to conduct any special event in a manner not in compliance with a permit issued pursuant to this chapter and with the provisions of this Code. B. For each offense against any of the provisions of this chapter or failure to comply with a written notice, directive or order of the Director of Code Enforcement, Zoning Inspector or the Southold Police Department within the time fixed for compliance therewith, the owner, occupant or his/her agent or any other person who commits, takes part or assists in the commission of any such offense or who shall fail to comply with a written order of the Director of Code Enforcement, Zoning Inspector or the Southold Police Department shall be subject to the following: (1) Failure to obtain a permit. Any person conducting a special event that is regulated under this chapter without first obtaining a permit according to the procedures outlined herein shall be subject to a fine of not less than $500 and not more than $1,500.00 $3,000.00. Southold Town Meeting Agenda - January 16, 2018 Page 28 (2) Failure to comply with the terms of a permit. Any person failing to comply with the terms of a permit shall be subject to a fine of not less than $500 and not more than $1,500.00 $3,000.00. 205-9B(1) (2) (3) For each subsequent offense of § or , violators shall be guilty of a misdemeanor and/or subject to a fine of not less than $500.00 $1,000.00 nor more than $5,000. C. No new special event permits will be issued to any property owner, occupant or his/her agent if such person is a named defendant in an outstanding or unresolved violation of this chapter. D. The Town may also maintain an action or proceeding in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter. 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-2018-110  Adopted  Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated James Dinizio Jr Tabled Withdrawn  William P. Ruland  Supervisor's Appt  Jill Doherty  Tax Receiver's Appt  Robert Ghosio Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt Scott A. Russell  No Action Lost 2018-111 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Southold Town Meeting Agenda - January 16, 2018 Page 29 Belfor LI LLC RESOLVED that the Town Board of the Town of Southold hereby ratifies the execution of a contract with BELFOR LONG ISLAND, LLC dated January 12, 2018, for repairs to Town Hall pursuant to New York General Municipal Law Section 103(4). Vote Record - Resolution RES-2018-111  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  James Dinizio Jr Tabled Withdrawn William P. Ruland  Supervisor's Appt Jill Doherty  Tax Receiver's Appt  Robert Ghosio Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell  No Action  Lost 2018-112 CATEGORY: Organizational DEPARTMENT: Fishers Island Ferry District FIFD - Commissioner Chairman 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 January 9, 2018 in regard to Chairman of the Board of Commissioners. Vote Record - Resolution RES-2018-112  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated James Dinizio Jr Tabled Withdrawn  William P. Ruland  Supervisor's Appt  Jill Doherty  Tax Receiver's Appt  Robert Ghosio Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt Scott A. Russell  No Action Lost Southold Town Meeting Agenda - January 16, 2018 Page 30 2018-113 CATEGORY: Legal DEPARTMENT: Fishers Island Ferry District FIFD - Employee 21837 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 January 9, 2018 in regard to Lamb & Barnosky, LLP. Vote Record - Resolution RES-2018-113  Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated James Dinizio Jr  Tabled  Withdrawn  William P. Ruland Supervisor's Appt  Jill Doherty  Tax Receiver's Appt  Robert Ghosio  Rescinded  Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell  No Action  Lost  2018-114 CATEGORY: Public Service DEPARTMENT: Fishers Island Ferry District FIFD - Junked Vehicles 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 December 27, 2017 in regard to junked vehicles. Vote Record - Resolution RES-2018-114  Adopted Yes/AyeNo/NayAbstainAbsent Adopted as Amended  James Dinizio Jr  Defeated  Tabled  William P. Ruland Withdrawn  Jill Doherty  Supervisor's Appt  Robert Ghosio  Tax Receiver's Appt Rescinded Louisa P. Evans Town Clerk's Appt Scott A. Russell  Supt Hgwys Appt  Southold Town Meeting Agenda - January 16, 2018 Page 31 No Action  Lost  2018-115 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk th “A Local Law in County, New York, on the 26 day of September, 2017, a Local Law entitled relation to Amendments to Chapter 280, Zoning, in connection with Special Exception Uses ” 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 “A Local Law in relation to Amendments to Chapter 280, Zoning, in Law entitled, connection with Special Exception Uses” reads as follows: LOCAL LAW NO. 2018 “A Local Law in relation to Amendments to Chapter 280, Zoning, in A Local Law entitled, connection with Special Exception Uses” . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. To clarify certain provisions of the Town Code and to give the Zoning Board of Appeals flexibility in granting of Special Exception Permits to allow applicants to receive other approvals prior to expiration of the permit. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: Chapter 280. Zoning Article XXV. Special Exception Uses § 280-141. Application; hearing; approval; violations of conditions. A. An application for a special exception approval shall be on the form for the same provided by the Zoning Board of Appeals and shall be submitted in triplicate to the Zoning Board of Appeals, which shall review the application for completeness and conformity with this chapter. The Zoning Board of Appeals shall reject the application if it is not complete or not in conformance with the Zoning Code and shall notify the applicant as to the reason for such rejection. Upon a determination by the Zoning Board Southold Town Meeting Agenda - January 16, 2018 Page 32 of Appeals that the application is complete If the application is satisfactory, the applicant and the Zoning Board of Appeals shall set the application shall be scheduled down for a 280-149 public hearing. The fee for a special exception shall be $400, as set forth in § . B. Prior to taking action on any special exception use, the Zoning Board of Appeals shall schedule a public hearing within 45 days after determination that the application is complete. Within 60 days following the close of the public hearing, the Board shall render a decision on the application. C. Effect of approval. A special exception approval issued in accordance with the provisions of this article shall authorize only the special exception use for which the approval is granted, provided however: (1) No use which is not a special exception use hereunder shall be authorized by any such approval; (2) The approval may include reasonable conditions which the Zoning Board of Appeals determines to be necessary or appropriate to ensure that the applicable general and specific standards and safeguards set forth in this chapter for the use can and will be met and/or adhered to; (3) The Zoning Board of Appeals may condition the permit by requiring that the applicant actually complete construction and begin the approved special exception use in compliance with the conditions imposed by the Zoning Board of Appeals within a time period of from six months to three years; (4) If the Zoning Board of Appeals fails to specify a period to complete construction and begin the approved special exception use, the time period to complete construction and begin the approved special exception use shall be one year; (5) An application may be made and the Zoning Board of appeals may grant, after holding a public hearing in accordance with § 280-150, an extension of the approval of up to one year; (6) A special exception approval shall be valid for a period of six months but may be extended for one additional six-month period by the Zoning Board of Appeals within the requirement of new public notice of hearing. A continuing or permanent land use authorized by a special exception approval, which use is undertaken or begun during the period in accordance with the Zoning Board of Appeals approval of validity of such approval, shall thereafter be deemed a lawful use as if the same were permitted by this chapter without need for a special exception permit; provided, however, that: a. All conditions imposed by the special exception approval shall continue to apply unless they, by their express terms, are of limited duration. b. All conditions imposed on special exception approval uses generally or specifically by this chapter shall continue to apply, regardless of whether any such conditions were expressly incorporated into the special exception approval. c. The Zoning Board of Appeals shall retain continuing jurisdiction over the same; d. The duration of a special exception use may be limited to a specified time period as set forth in the approval of the Zoning Board of Appeals, if the approval is silent as to the duration of the special exception use, then said use shall be in perpetuity; Southold Town Meeting Agenda - January 16, 2018 Page 33 e. A special exception use which has been discontinued for a period of one year or more shall be deemed abandoned D. Violations of conditions. A violation of any limitation or condition of a special exception approval or of any provision of this chapter applicable to a special exception use shall constitute a violation of this chapter. The Zoning Board of Appeals shall retain jurisdiction and shall have the right, after a public hearing, to modify, suspend or revoke such approval or any term or condition thereof or to impose thereon one or more new conditions, all on the following grounds: \[Amended 6-15-1993 by L.L. No. 10-1993\] (1) False statements or mistake of material fact: materially false or inaccurate statements in the application, supporting papers or supporting testimony or ignorance or misunderstanding of a material fact by the Board, which fact, had it been known to the Board at the time of its review, would have resulted in a denial of the approval sought. (2) Noncompliance with the terms and conditions of such approval: failure of the applicant-permittee to comply with any conditions or terms of the approval. (3) Activity beyond such approval: exceeding the scope of the activity, use or project as the same was described in the application. 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-2018-115  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  James Dinizio Jr  Tabled  Withdrawn  William P. Ruland  Supervisor's Appt Jill Doherty Tax Receiver's Appt Robert Ghosio  Rescinded Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell No Action  Lost  VI. PUBLIC HEARINGS 1. Set PH 1/16/17 7:31 Pm - Chapter 280 Special Exception Uses