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HomeMy WebLinkAboutAG-05/22/2018 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 May 22, 2018 4:30 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 4:30 PM Meeting called to order on May 22, 2018 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Present Absent Late Arrived 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 - May 22, 2018 Page 2 I. COMMUNICATIONS 1. PUBLIC NOTICES 1. Tentative Meeting Timeline for the Suffolk County 2018 Agricultural Districts Enrollment Period Review • Public Hearing – Suffolk County Legislature Date: June 5, 2018 Time: 9:30 a.m. (Public Hearings usually start at 11:00 a.m.) Location: Suffolk County Legislature, William H. Rogers Legislature Building, 725 Veterans Memorial Highway, Smithtown, New York 11787 • Environment, Planning & Agriculture (EPA) Committee of the SC Legislature Date: June 11, 2018 Time: 10:00 a.m. Location: Suffolk County Legislature, Maxine S. Postal Auditorium, Evans K. Griffing Building, 300 Center Drive, Riverhead, New York 11901 • Suffolk County Legislature Date: June 19, 2018 Time: 4:00 p.m. Location: Suffolk County Legislature, Maxine S. Postal Auditorium, Evans K. Griffing Building, 300 Center Drive, Riverhead, New York 11901 2. REPORTS 1. Planning Department Monthly Report April 2018 2. Trustees Monthly Report April 2018 3. Town Clerk Monthly Report April 2018 4. Justice Court Reports April 2018 3. Local Government Training Workshop 5/23/18 9:00 am - 4:30 pm, Hauppauge II. DISCUSSION 1. Code Amendment Chapter 205, Special Events 2. 9:15 Am - Denis Noncarrow, Jeff Standish, Jamie Richter & Michael Collins Southold Town Meeting Agenda - May 22, 2018 Page 3 Update on Grant Projects 3. 9:30 Am - Denis Noncarrow and Lynn Nyilas Update on North Fork Coalition, Mental Health Initiative 4. Councilman Ruland Old Sound Avenue, Mattituck 5. Councilman Dinizio Appointment to Conservation Advisory Council 6. Councilwoman Doherty Trailer Launch/Haul Permits 7. Application for Filming/Still Photography Permit for Radar Productions 8. Maintenance of Moore’s Lane, Greenport 9. Code Amendment-Codification of the Agricultural Advisory Committee 10. EXECUTIVE SESSION - Labor - Matters Involving the Employment of a Particular Person 10:30 am - Denis Noncarrow and Janet Douglass 10:45 am - Chief Flatley and Jeff Standish Preparation for Dept. Head Evaluations 11. EXECUTIVE SESSION - Litigation - Town of Southold v. Kougentakis - B&W Paving & Landscaping LLC III. RESOLUTIONS 2018-464 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated May 22, 2018.  Vote Record - Resolution RES-2018-464 Adopted  Yes/Aye No/Nay Abstain Absent Adopted as Amended  James Dinizio Jr      Defeated William P. Ruland      Tabled Southold Town Meeting Agenda - May 22, 2018 Page 4 Withdrawn  Jill Doherty     Supervisor's Appt  Robert Ghosio      Tax Receiver's Appt Louisa P. Evans      Rescinded  Town Clerk's Appt Scott A. Russell     Supt Hgwys Appt  No Action  Lost  2018-465 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Next Town Board Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, June 5, 2018 at Southold Town Hall, 53095 Main Road, Southold, New York at 7:30 P. M..  Vote Record - Resolution RES-2018-465 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent 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  2018-466 CATEGORY: Legal DEPARTMENT: Town Clerk Robert Evans Claim RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the payment of the sum of $3,053.27 to Robert Evans for property damage stemming from an incident on February 15, 2018, subject to the approval of the Town Attorney. Southold Town Meeting Agenda - May 22, 2018 Page 5  Vote Record - Resolution RES-2018-466 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent  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 2018-467 CATEGORY: Attend Seminar DEPARTMENT: Historian Amy Folk to Attend Seminar Resolved that the Town Board of the Town of Southold Hereby Grant Permission to Amy Folk to Attend a Seminar Entitled Assoc. of Public Historians of NYS 2018 Annual State Conference in Rochester, NY, from September 30-October 3, 2018. All Expenses for Registration, Travel, Lodging, and Meals to be a Legal Charge to the 2018 Budget (Meetings and Seminars).  Vote Record - Resolution RES-2018-467 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent 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  2018-468 Tabled 5/8/2018 7:30 PM CATEGORY: Budget Modification DEPARTMENT: Accounting Southold Town Meeting Agenda - May 22, 2018 Page 6 2018 Budget Modification-Capital Financial Impact: Increase budget for Whistler Ave drainage RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 General Fund Whole Town and Capital budgets as follows: From: A.1990.4.100.100 Unallocated Contingencies $18,000 Total $18,000 To: A.9901.9.000.100 Interfund Transfer, Transfer to Capital $18,000 Total $18,000 Increase: H.5031.93 Interfund Transfer, Drainage $18,000 Total $18,000 Increase: A.8540.2.100.300 Stormwater Mitigation, Whistler Ave $18,000 Total $18,000  Vote Record - Resolution RES-2018-468  Adopted  Adopted as Amended Yes/Aye No/Nay Abstain Absent 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  2018-469 CATEGORY: Budget Modification DEPARTMENT: Fishers Island Ferry District 2018 Budget Modification - FIFD Southold Town Meeting Agenda - May 22, 2018 Page 7 Financial Impact: Transfer of Appropriations 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 April 30, 2018, which amended the 2018 Fishers Island Ferry District budget in the amount of $24,000.00.  Vote Record - Resolution RES-2018-469  Adopted  Adopted as Amended Yes/Aye No/Nay Abstain Absent 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  2018-470 CATEGORY: Refund DEPARTMENT: Solid Waste Management District Single Entry Fee Refund RESOLVED by the Town Board of the Town of Southold that a refund in the amount of $5.00 shall be remitted to Douglas Massey of Mattituck for a single entry fee inadvertently charged at the Cutchogue Transfer Station on May 2, 2018.  Vote Record - Resolution RES-2018-470 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent 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 - May 22, 2018 Page 8 2018-491 CATEGORY: Budget Modification DEPARTMENT: Police Dept 2018 Budget Modification-Police Department Financial Impact: Donation-Tennant RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 General Fund Whole Town Budget as follows: Increase Revenues: A.2705.40 Gifts & Donations $250 Total $250 Increase Appropriations: A.3120.2.200.300 Police/Equipment/Filing/Storage Equip $250 Total $250  Vote Record - Resolution RES-2018-491 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent 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 2018-471 CATEGORY: Fireworks Permit DEPARTMENT: Town Clerk Greenport Fire Department Fireworks Permit RESOLVED that the Town Board of the Town of Southold hereby approves the issuance of a fireworks permit by the Town Clerk to Star Hose Company of the Greenport Fire Department for a fireworks display at 10:00 PM on Saturday May 26, 2018 (Rain Date of: Southold Town Meeting Agenda - May 22, 2018 Page 9 Sunday May 27, 2018) at Greenport High School’s Athletic Field located on the north side of Front Street and the east side of Moores Lane, Greenport, New York upon the payment of a single fee of $100 and subject to the applicant’s compliance with the requirements of the Town’s policy regarding the issuance of fireworks permits and subject to the approval of the Town Attorney.  Vote Record - Resolution RES-2018-471  Adopted Adopted as Amended  Yes/Aye No/Nay Abstain Absent 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  2018-472 CATEGORY: Refund DEPARTMENT: Solid Waste Management District Compost Charge Refund RESOLVED by the Town Board of the Town of Southold that a $75.00 charge for compost purchased on April 18, 2018 from the Cutchogue Compost Facility shall be refunded to Jane Williams of Greenport as she changed her mind about the purchase.  Vote Record - Resolution RES-2018-472 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent 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 - May 22, 2018 Page 10 2018-473 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District 2018 Budget Modification- SWMD Financial Impact: To provide funds for emergency weekend repairs to vehicle scale at transfer station. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 Solid Waste Management District budget as follows: From: SR 8160.4.400.836 Single Stream Trucking $2,300 Total $2,300 To: SR 8160.4.400.600 Scale Maintenance $2,300 Total $2,300  Vote Record - Resolution RES-2018-473  Adopted  Adopted as Amended Yes/Aye No/Nay Abstain Absent 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  2018-474 CATEGORY: Authorize Payment DEPARTMENT: Highway Department Purchase of Truck for Highway Department RESOLVED that the Town Board of the Town of Southold hereby authorizes and approves the purchase of one Chevrolet 2500 4x4 Truck Cargo for snow removal. The vehicle is being purchased from the State of New York Department Office of General Services for a total of $707.05. This is to be a legal charge to the 2018 budget line of DB.5130.2.300.100 (Light Duty Southold Town Meeting Agenda - May 22, 2018 Page 11 Vehicles).  Vote Record - Resolution RES-2018-474  Adopted  Adopted as Amended Yes/Aye No/Nay Abstain Absent 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  2018-475 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Seasonal FT Deckhands and Laborer RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted May 14, 2018 that reads as follows WHEREAS the Ferry District requires additional summer seasonal Deckhands (FIFD) and Laborers during the peak season between May 15, 2018, and September 16, 2018; Therefore it is RESOLVED to appoint, with effect May 23, 2018, Kyle Bentley and Jonathan Allen as summer seasonal Deckhand (FIFD) at a rate of $12.50 per hour. On September 15, 2018, Messers. Bentley and Allen will terminate their summer seasonal positions. On September 16, 2018 Messers. Bentley and Allen will appointed to part-time Deckhands (FIFD). It is further RESOLVED to appoint, with effect May 23, 2018, Shamaiah Samson as a summer seasonal Laborer at a rate of $12.50 per hour and on September 15, 2018, Ms. Samson will terminate her summer seasonal position.  Vote Record - Resolution RES-2018-475  Adopted Yes/Aye No/Nay Abstain Absent Adopted as Amended  James Dinizio Jr     Defeated  William P. Ruland     Tabled  Withdrawn  Jill Doherty     Supervisor's Appt  Robert Ghosio      Tax Receiver's Appt Louisa P. Evans      Rescinded Southold Town Meeting Agenda - May 22, 2018 Page 12 Town Clerk's Appt  Scott A. Russell     Supt Hgwys Appt   No Action  Lost 2018-476 CATEGORY: Legal DEPARTMENT: Town Attorney Anastasiadis Claim RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the payment of the sum of $1,050.00 to George Anastasiadis for property damage stemming from an incident on February 9, 2017, subject to the approval of the Town Attorney.  Vote Record - Resolution RES-2018-476 Adopted   Adopted as Amended Yes/Aye No/Nay Abstain Absent  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 2018-477 CATEGORY: Employment - Town DEPARTMENT: Accounting Hire Pump Out Boat Operator RESOLVED that the Town Board of the Town of Southold hereby appoints David Comando to the seasonal position of Pumpout Boat Operator for the Trustees, effective June 15, 2018 through October 31, 2018, at a rate of $20.00 per hour.  Vote Record - Resolution RES-2018-477  Adopted Yes/Aye No/Nay Abstain Absent  Adopted as Amended James Dinizio Jr     Defeated  Southold Town Meeting Agenda - May 22, 2018 Page 13 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  No Action  Lost  2018-478 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Memorandum of Agreement Between Town of Southold and PBA RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the 2018-2020 Memorandum of Agreement between the Town of Southold and the Southold Town Police Benevolent Association and hereby authorizes Supervisor Scott A. Russell to execute same on behalf of the Town of Southold.  Vote Record - Resolution RES-2018-478  Adopted  Adopted as Amended Yes/Aye No/Nay Abstain Absent  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  2018-479 CATEGORY: Fireworks Permit DEPARTMENT: Town Clerk Mattituck Lions Strawberry Fesival Fireworks Permit RESOLVED that the Town Board of the Town of Southold hereby approves the issuance of a Southold Town Meeting Agenda - May 22, 2018 Page 14 Fireworks Permit by the Town Clerk to the Mattituck Lions Club, for fireworks displays on Thursday June 14, 2018 at 9:15 PM; Friday June 15, 2018 at 10:00PM ; and Saturday, June 16, 2018 at 10::15 PM on property located at 9095 Sound Avenue Mattituck (Strawberry Fields) upon the payment of a single fee of $100.00, and subject to the applicant’s compliance with the requirements of the Town’s policy regarding the issuance of fireworks permits and subject to the approval of the Town Attorney.  Vote Record - Resolution RES-2018-479 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent  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 2018-480 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Permit Worship Services at Beach RESOLVED the Town Board of the Town of Southold hereby grants permission to the North Fork Reform Synagogue to hold picnics followed by worship services at Kenney’s Beach, Southold on the following Fridays: June 15, July 13 & 27, August 10 & 24, 2018 from 6:00 PM to approximately 8:15 PM; parking permit requirements shall be waived for participants who do not have Southold Town Beach Parking Permits; placards to be placed on the vehicle’s dashboard should be provided by the synagogue to those participants who do not have parking permits. All fees are waived with the exception of the clean-up deposit, which will be returned to the applicant provided the area is deemed clean following inspections by a town representative.  Vote Record - Resolution RES-2018-480  Adopted Yes/Aye No/Nay Abstain Absent  Adopted as Amended James Dinizio Jr      Defeated William P. Ruland     Tabled  Withdrawn  Jill Doherty     Supervisor's Appt  Robert Ghosio     Tax Receiver's Appt  Louisa P. Evans     Rescinded  Southold Town Meeting Agenda - May 22, 2018 Page 15 Town Clerk's Appt  Scott A. Russell     Supt Hgwys Appt   No Action  Lost 2018-481 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk New Suffolk Waterfront Chowderfest Financial Impact: cost analysis: $27.13 RESOLVED the Town Board of the Town of Southold hereby grants permission to the New Suffolk Waterfront Fund for a total closure of Main Street, New Suffolk at the eastern most end, on Saturday, May 26, 2018 from 9:00 AM to 5:00 PM to hold the New Suffolk Waterfront Chowderfest, provided they follow all the conditions in the Town’s Policy for Special Events on Town Properties. Failure to comply with the conditions will result in the forfeiture of the $250.00 cleanup deposit.  Vote Record - Resolution RES-2018-481  Adopted  Adopted as Amended Yes/Aye No/Nay Abstain Absent  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  2018-482 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Road Closures for North Fork Country Club Annual Golf Tournament Financial Impact: Police cost for event - $895.28 Southold Town Meeting Agenda - May 22, 2018 Page 16 RESOLVED the Town Board of the Town of Southold hereby grants permission to the North Fork Country Club for their Annual Golf Tournament in Cutchogue for a limited closure of Moore’s Lane, from the Main Road to the southerly line of the “Country Club Estates” subdivision, total closure from that southerly point south to the northern line of the William Tyree land parcel, and limited closure from that point south to the intersection of Moores Lane and New Suffolk Avenue (closures would permit access to residents of Moores Lane and “Country Club Estates”), on Friday, July 20, 2018 from 8:00 AM to 5:30 PM and Saturday, July 21, 2018 from 8:00 AM to 2:00 PM provided they adhere to the Town of Southold Policy for Special Events on Town Properties and Roads. They must notify Capt. Kruszeski immediately upon the approval of this resolution to coordinate traffic control.  Vote Record - Resolution RES-2018-482 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent  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 2018-483 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Cutchogue-New Suffolk Historical Council Antiques Show and Sale Financial Impact: Police Department Cost for Event = $244.17 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Cutchogue-New Suffolk Historical Council to close a portion of Cases Lane to Main Road, Cutchogue, from 9:00 AM to 4:30 PM for its Annual Antiques Show and Sale, on Saturday, July 7, 2018, provided they adhere to the Town of Southold Policy for Special Events on Town Properties and Roads. All Town fees for this event, with the exception of the Clean-up Deposit, are waived.  Vote Record - Resolution RES-2018-483  Adopted Yes/Aye No/Nay Abstain Absent  Adopted as Amended James Dinizio Jr     Defeated  William P. Ruland     Tabled  Jill Doherty Withdrawn      Southold Town Meeting Agenda - May 22, 2018 Page 17 Supervisor's Appt  Robert Ghosio     Tax Receiver's Appt  Louisa P. Evans      Rescinded Scott A. Russell      Town Clerk's Appt  Supt Hgwys Appt No Action  Lost  2018-484 CATEGORY: Legal DEPARTMENT: Town Clerk Greenport Brewery RESOLVED that the Town Board of the Town of Southold hereby ratifies the publishing of the Notice of Public Hearing for the Appeal by Greenport Brewery of the denial of its application for a Special Event Permit.  Vote Record - Resolution RES-2018-484  Adopted Adopted as Amended  Yes/Aye No/Nay Abstain Absent 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  2018-485 CATEGORY: Employment - Town DEPARTMENT: Accounting Establish Annual Wage for Seasonal Police Officers WHEREAS the New York State Retirement System Tier 6 legislation requires employers to determine an Annual Wage for individuals who work Part-Time, Seasonal or on an Hourly, Daily or Unit of Work Basis, and Southold Town Meeting Agenda - May 22, 2018 Page 18 WHEREAS the Town Board has determined that it should formally establish an Annual Wage for Seasonal Police and Fire Retirement System Tier 6 members, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby establishes a 2018 Annual Wage of $13,856.00 for Seasonal Police Officers.  Vote Record - Resolution RES-2018-485  Adopted Adopted as Amended  Yes/Aye No/Nay Abstain Absent 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  2018-497 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney PH 6/19 4:31 Pm - Chapter 260 WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk nd County, New York, on the 22 day of May, 2018, a Local Law entitled “A Local Law in relation to an Amendment to Chapter 260, Vehicles and Traffic, in connection with Traffic and Pedestrian Safety” 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 19th day of June, 2018 at 4:31 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, “A Local Law in relation to an Amendment to Chapter 260, Vehicles and Traffic, in connection with Traffic and Pedestrian Safety” reads as follows: LOCAL LAW NO. 2018 A Local Law entitled, “A Local Law in relation to an Amendment to Chapter 260, Vehicles and Traffic, in connection with Traffic and Pedestrian Safety”. BE IT ENACTED by the Town Board of the Town of Southold as follows: Southold Town Meeting Agenda - May 22, 2018 Page 19 I. Purpose. The purpose of this local law is to improve safety for pedestrians and vehicles, as well as dealing with impacts to the public’s health, safety and welfare. II. Chapter 260 of the Code of the Town of Southold is hereby amended as follows: §260-4. Stop intersections with stop signs. At Intersection Location Stop Sign on Direction of Travel With (Hamlet) Old Sound Avenue Northeast Westphalia Avenue Mattituck Old Sound Avenue Southeast Westphalia Avenue Mattituck 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-2018-497 Adopted   Adopted as Amended Yes/Aye No/Nay Abstain Absent  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 2018-486 CATEGORY: Authorize to Bid DEPARTMENT: Information Technology Advertise for Audio Video System RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk's office to advertise for an Audio/Video system for the Town Hall meeting room and Southold Town Meeting Agenda - May 22, 2018 Page 20 lobby.  Vote Record - Resolution RES-2018-486  Adopted Adopted as Amended  Yes/Aye No/Nay Abstain Absent 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  2018-487 CATEGORY: Attend Seminar DEPARTMENT: Police Dept Police Department-Training Request RESOLVED that the Town Board of the Town of Southold hereby grants permission to Detective Sergeant John Sinning, PO Alex Chenche, PO Robert Haase, and PO Roman th Wilinski to attend the 24 Annual Violent Gang Information Sharing Conference in Jamaica, NY on June 7-8, 2018. All expenses for registration, travel to be a legal charge to the 2018 budget lines A.3120.4.600.225, A.3120.4.600.300 & A.3120.4.600.200  Vote Record - Resolution RES-2018-487 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent 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  2018-488 Southold Town Meeting Agenda - May 22, 2018 Page 21 CATEGORY: Refund DEPARTMENT: Town Clerk Various Clean Up Deposits WHEREAS the following groups have supplied the Town of Southold with a refundable Clean- up Deposit fee, for their events and 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 the deposit made to the following Name Date Received Amount of Deposit Lena M DeSantis 1/18/18 $1,500.00 560 Deer Drive Mattituck, NY 11952 Bicycle Shows US 3/28/18 $1,500.00 230 Smith Hughes Road Narrowburg, NY 12764  Vote Record - Resolution RES-2018-488 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent 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  2018-489 CATEGORY: Fireworks Permit DEPARTMENT: Town Clerk Orient Harbor July 4Th Festivities. Inc. RESOLVED that the Town Board of the Town of Southold hereby approves the issuance of a Southold Town Meeting Agenda - May 22, 2018 Page 22 Fireworks Permit by the Town Clerk to the Orient Harbor Festivities, Inc. for a fireworks display on Saturday, June 30, 2018 at 9:15 PM (Rain Date: Sunday, July 1, 2018 at 9:15PM) on Barge off Orient Yacht Club, 2110 Village Lane, Orient, New York upon payment of a single fee of $100.00 and subject to the applicant’s compliance with the requirements of the Town’s policy regarding the issuance of fireworks permits and subject to the approval of the Town Attorney.  Vote Record - Resolution RES-2018-489  Adopted Adopted as Amended  Yes/Aye No/Nay Abstain Absent 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  2018-490 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney IIIC Nutrition Program Agreement W/SC - HRC RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Consultant/Personal Services Contract between the Suffolk County Office for the Aging and the Town of Southold for the IIIC Nutrition Programs, for the period January 1, 2018 through December 31, 2018, with four (4) one (1) year options to renew at the County’s discretion, for congregate dining and home delivered meals for the elderly, at no cost to the Town, subject to the approval of the Town Attorney.  Vote Record - Resolution RES-2018-490  Adopted  Adopted as Amended Yes/Aye No/Nay Abstain Absent  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 - May 22, 2018 Page 23 2018-492 CATEGORY: Committee Resignation DEPARTMENT: Town Clerk BOAR - Sledjeski RESOLVED that the Town Board of the Town of Southold hereby removes Thomas Sledjkeski from the Board of Assessment Review effective immediately.  Vote Record - Resolution RES-2018-492  Adopted Adopted as Amended  Yes/Aye No/Nay Abstain Absent 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  2018-493 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint Joseph Hinton Seasonal Bay Constable RESOLVED that the Town Board of the Town of Southold hereby appoints Joseph Hinton to the position of seasonal Bay Constable for the Police Department, effective May 26, 2018 through September 16, 2018 at a rate of $22.13 per hour.  Vote Record - Resolution RES-2018-493 Adopted  Yes/Aye No/Nay Abstain Absent 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 - May 22, 2018 Page 24 No Action  Lost  2018-494 CATEGORY: Employment - Town DEPARTMENT: Accounting Hire Student Intern I-Assessors Office RESOLVED that the Town Board of the Town of Southold hereby appoints Thomas Crean to the position of Student Intern I in the Assessors Office at a rate of $13.00 per hour, said appointment starting on June 25, 2018 and ending August 31, 2018, pending background search completion.  Vote Record - Resolution RES-2018-494  Adopted  Adopted as Amended Yes/Aye No/Nay Abstain Absent 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  2018-495 CATEGORY: Employment - Town DEPARTMENT: Accounting Hire Student Intern I-Assessors Office RESOLVED that the Town Board of the Town of Southold hereby appoints Annette Newman to the position of Student Intern I in the Assessors Office at a rate of $13.00 per hour, said appointment starting on June 25, 2018 and ending December 25, 2018, pending background search completion.  Vote Record - Resolution RES-2018-495 Adopted  Yes/Aye No/Nay Abstain Absent Adopted as Amended  James Dinizio Jr      Defeated Southold Town Meeting Agenda - May 22, 2018 Page 25 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  No Action  Lost  2018-496 CATEGORY: Bid Acceptance DEPARTMENT: Public Works Accept FI Courts Refinishing Bid RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of JB's Asphalt Sealcoating in the amount of $67,000.00 for the reconstruction and resurfacing of Fishers Island Courts, with the Approval of the Town Attorney.  Vote Record - Resolution RES-2018-496 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent 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  2018-498 CATEGORY: Attend Seminar DEPARTMENT: Police Dept Police Department-Training Request RESOLVED that the Town Board of the Town of Southold hereby grants permission to Detective Steven Harned to attend the Active Shooter Certification Training on July 17-18, Southold Town Meeting Agenda - May 22, 2018 Page 26 2018 in Hampton Bays, NY. All expenses for registration, travel to be a legal charge to the 2018 budget lines A.3120.4.5600.200 & A.3120.4.600.225.  Vote Record - Resolution RES-2018-498 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent  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 2018-499 CATEGORY: Special Events DEPARTMENT: Town Clerk Special Event Appeal Decision RESOLVED that the decision of the Chairperson of the Zoning Board of Appeals dated May 15, 2018 denying the Special Event application of Greenport Brewing Company to hold the NoFo Dog Dock Diving Fundraiser on June 2, 2018, is hereby reversed, and the Chairperson of the Zoning Board of Appeals is hereby directed to issue the Special Event permit for the aforementioned special event, subject to the following conditions: 1. That on site parking be limited to approved site plan conditions 2. No Parking on State Route 25, Peconic Lane nor any Town owned properties 3. Additional Parking to be provided off site with shuttle service 4. That any noise emanating from the subject property shall be in compliance with section 180-6 of the Town Code 5. That there shall not be any amplified music at the subject property on the day of the event after 5:00 pm  Vote Record - Resolution RES-2018-499  Adopted Yes/Aye No/Nay Abstain Absent  Adopted as Amended James Dinizio Jr      Defeated William P. Ruland     Tabled  Withdrawn  Jill Doherty     Supervisor's Appt  Robert Ghosio     Tax Receiver's Appt  Louisa P. Evans     Rescinded  Southold Town Meeting Agenda - May 22, 2018 Page 27 Town Clerk's Appt  Scott A. Russell     Supt Hgwys Appt   No Action  Lost 2018-500 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Appoint Members to Anti-Bias Task Force RESOLVED that the Town Board of the Town of Southold hereby appoints Christine McFall and Emily Geiger as members for the Anti-Bias Task Force, effective immediately, with a term to expire on March 31, 2021.  Vote Record - Resolution RES-2018-500 Adopted   Adopted as Amended Yes/Aye No/Nay Abstain Absent  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 2018-501 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney 2018 Youth Bureau Service Agreement RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the 2018 Southold Town Youth Services Agreement with the County of Suffolk, in the amount of $8,157.00, for the term January 1, 2018 through December 31, 2018, subject to the approval of the Town Attorney.  Vote Record - Resolution RES-2018-501 Adopted  Yes/Aye No/Nay Abstain Absent Adopted as Amended  Southold Town Meeting Agenda - May 22, 2018 Page 28 Defeated  James Dinizio Jr     Tabled  William P. Ruland      Withdrawn Jill Doherty      Supervisor's Appt  Tax Receiver's Appt Robert Ghosio     Rescinded  Louisa P. Evans     Town Clerk's Appt  Scott A. Russell     Supt Hgwys Appt  No Action  Lost  2018-502 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Clerk Ph 6/19 4:31 Pm - Chapter 260 Stop Signs WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk nd County, New York, on the 22 day of May, 2018, a Local Law entitled “A Local Law in relation to an Amendment to Chapter 260, Vehicles and Traffic, in connection with Traffic and Pedestrian Safety” 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 19th day of June, 2018 at 4:31 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, “A Local Law in relation to an Amendment to Chapter 260, Vehicles and Traffic, in connection with Traffic and PedestrianChapter Safety” reads as follows: LOCAL LAW NO. 2018 A Local Law entitled, “A Local Law in relation to an Amendment to Chapter 260, Vehicles and Traffic, in connection with Traffic and Pedestrian Safety”. BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The purpose of this local law is to improve safety for pedestrians and vehicles, as well as dealing with impacts to the public’s health, safety and welfare. II. Chapter 260 of the Code of the Town of Southold is hereby amended as follows: Southold Town Meeting Agenda - May 22, 2018 Page 29 §260-4. Stop intersections with stop signs. At Intersection Location Stop Sign on Direction of Travel With (Hamlet) Sound Avenue East Westphalia Avenue Mattituck Sound Avenue West Westphalia Avenue Mattituck 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-2018-502 Adopted   Adopted as Amended Yes/Aye No/Nay Abstain Absent  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 2018-503 CATEGORY: Organizational DEPARTMENT: Town Attorney Establish the Bay to Sound Integrated Trails Initiative Project Advisory Committee RESOLVED that the Town Board of the Town of Southold hereby ratifies the formation and establishment of the Bay to Sound Integrated Trails Initiative Project Advisory Committee as of February 14, 2017. The Committee is formed for the purpose of monitoring the Bay to Sound Integrated Trails Initiative Project and advising the New York State Department of State and the Town Board as to the status of same. The board shall consist of the following members: John Sepenoski, Town of Southold Mark Terry, Town of Southold Southold Town Meeting Agenda - May 22, 2018 Page 30 Jamie Richter, Town of Southold Michael Collins, Town of Southold Jeff Standish, Town of Southold Aaron Avent, Town of Southold Diana Sanford, Suffolk County Parks Dave Bergen, North Fork Environmental Council Aaron Virgin, Group For the East End Southold Town Board, Ex Officio Southold Town Trustees, Ex Officio Greenport Village Trustees, Ex Officio  Vote Record - Resolution RES-2018-503 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent  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 2018-504 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney PH 7/3 7:31 Pm - Chapter 71 Agricultural Advisory Committee WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk nd County, New York, on the 22 day of May, 2018, a Local Law entitled “A Local Law in relation to Chapter 71 -“Agricultural Advisory Committee”, now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the rd aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 3 day of July 2018 at 7:31 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, “A Local Law in relation to the Adoption of Chapter 71, “Agricultural Advisory Committee” reads as follows: LOCAL LAW NO. 2018 Southold Town Meeting Agenda - May 22, 2018 Page 31 A Local Law entitled, “A Local Law in relation to the Adoption of Chapter 71, “Agricultural Advisory Committee” BE IT ENACTED by the Town Board of the Town of Southold as follows: I Chapter 71 of the Code of the Town of Southold is hereby amended as follows: Chapter 71. AGRICULTURAL ADVISORY COMMITTEE § 71-1. Purpose The purpose of this Agricultural Advisory Committee is to: A. Recognize the importance of agriculture and its industry as both a vital economic driver to the local economy and a mode of land use which provides the Town of Southold with both its rural and rustic character. B. Assure the continued viability of farming as an industry which is important to the local economy. C. Provide for the most beneficial between the use of lands, buildings, and agricultural practices and to further encourage the wise use and management of the natural resources within the Town. D. Provide the Town Board, Planning Board, Zoning Board of Appeals, and other relevant Town boards and committees with a conduit for recommendations from the Town’s agricultural industries on the short and long term impacts of a variety matters and questions considered by these groups. § 71-2 Definitions As used in this Chapter, the terms used herein are defined as follows: AGRICULTURAL ZONING DISTRICTS - The Agricultural Conservation (A-C) zoning district and any residential zoning districts within the Town of Southold in which agriculture is an allowed use. COMMITTEE - The Southold Town Agricultural Advisory Committee. §71-3. Composition; membership, terms of office; removal. A. The Committee shall be composed of nine members appointed by the Town Board, who are residents and active owners/operators of bona fide agricultural or aquaculture/mariculture farm operations within the Town of Southold. B. The Town Board shall appoint one of the Committee members to as Chair of the Committee. C. The members appointed to the Committee shall serve for a four-year term. Upon initial formation, two members shall serve for a one-year term, two members for a two-year term and all others for a three-year term. Each year thereafter, reappointments or new appointments will be for four-year terms. Southold Town Meeting Agenda - May 22, 2018 Page 32 D. Appointments shall be from April 1, through March 31. E. Committee members shall serve without compensation. F. Any member who fails to attend at least half of the meetings of the Committee in a given calendar year shall be subject to removal from the Committee by a majority vote of the Committee. §71-4. Powers and Duties: The Agricultural Advisory Committee shall: A. The proposed acquisition of development rights shall be referred to the Committee for review. The Committee shall have 45 days to provide recommendations to the Town Board. B. Review and Report Committee’s recommendations to the Town Board and the Planning Board as to changes in policy and rules, including but not limited to proposing revisions to the Town Code of the Town of Southold, which revisions will enhance, but not detract from, the economic viability of the agricultural industries in the Town of Southold. C. Review agriculture-related site plan applications and subdivisions. (1) Any site plan that is related to agricultural activities shall be referred to the Agricultural Advisory Committee for review. (2) Any proposed subdivision of land located in an agricultural zoning district or land currently used for agriculture shall be referred to the Agricultural Advisory Committee for review. (3) The Committee shall present advice relating to the desirability of such proposed use or subdivision, including advice as to the nature of farming and farm resources within any proposed or established area. The Agricultural Advisory Committee shall have 45 days to respond with a recommendation(s) for the proposed action. The recommendation(s) shall be advisory only. D. Review proposed zoning changes in agricultural zoning districts. (1) Whenever a proposed zoning, policy change or development (residential, business or industrial) affecting Town agricultural zoning districts is presented to the Town Board within or contiguous to a county agricultural district or Town agricultural zones, it shall be referred to the Agricultural Advisory Committee for review. The Agricultural Advisory Committee shall have 45 days to respond with a recommendation(s) for the action(s). (2) The Committee shall present advice relating to the desirability of such action, including advice as to the nature of farming and farm resources within any proposed or established area. This recommendation(s) shall include a determination as to whether the proposed action(s) will have an unreasonable adverse effect on the continuing viability of a farm enterprise or enterprises within the county or Town agricultural districts. This recommendation(s) shall be advisory only. E. Review local, county, state, and federal legislation affecting the agricultural Southold Town Meeting Agenda - May 22, 2018 Page 33 industry and report their effect to the Town Board. F. Serve as a vehicle for communication between the agricultural community and the Town Board. G. Perform such other duties and functions as may, from time to time, be directed by the Town Board. H. Meet as determined necessary by a majority of the Committee members, but no less than once a month. I. Submit to the Town Board an annual summary of the activities of the Agricultural Advisory Committee. 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-2018-504 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent 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  2018-505 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Special Town Board Meeting RESOLVED that the Town Board of the Town Southold will hold a Special Board Meeting on Thursday, May 24, 2018 at Southold Town Hall, 53095 Main Road, Southold, New York at 12:00 P.M. for the purpose of setting a public hearing regarding Chapter 189 Parking. Southold Town Meeting Agenda - May 22, 2018 Page 34  Vote Record - Resolution RES-2018-505 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent  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 2018-506 CATEGORY: Bid Acceptance DEPARTMENT: Solid Waste Management District Solid Waste Plan Supplemental Services RESOLVED that the Town Board of the Town of Southold hereby accepts the December 11, 2017 proposal of L.K. McClean Associates, PC to provide the Town with supplemental services in support of final submission, comment review and response, public participation requirements, and DEC approval of the Town’s new Local Solid Waste Management Plan (LSWMP) at a 2- year cost not to exceed $16,880 (first year cost of $8,180), as discussed at the February 27 Town Board Work Session, all in accordance with Attorney.  Vote Record - Resolution RES-2018-506 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent 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  2018-507 Southold Town Meeting Agenda - May 22, 2018 Page 35 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint John Barker Groundskeeper I RESOLVED that the Town Board of the Town of Southold hereby appoints John Barker to the position of Groundskeeper I for the Department of Public Works, effective June 7, 2018, at a rate of $24.6121 per hour.  Vote Record - Resolution RES-2018-507 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent  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 2018-508 CATEGORY: Budget Modification DEPARTMENT: Accounting 2018 Budget Modification- Capital Financial Impact: Budget modification to provide additional funding for Fisher's Island Salt Barn WHEREAS the Town Board of the Town of Southold previously approved a capital project for a Salt Barn on Fisher’s Island, and WHEREAS, the cost of said project will be higher than originally anticipated, WHEREAS the Town’s Capital Budget process requires a resolution to amend Capital Budget items in the Capital Fund, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby amends the following Capital Projects and amends the 2018 General Fund Whole Town and Capital Budgets as follows: Capital Project Name: Fisher’s Island Salt Storage Facility Financing Method: Transfer from the General Whole Town Fund Southold Town Meeting Agenda - May 22, 2018 Page 36 Increase Revenues: A.5990.00 Appropriated Fund Balance $79,375 Total $79,375 Increase Appropriations: A.9901.9.000.100 Transfer to Capital $79,375 Total $79,375 Budget: Revenues: H.5031.43 Interfund Transfers FI Salt Storage Building $79,375 Total $79,375 Appropriations: H.1620.2.500.200 Buildings & Grounds, Cap O/L FI Salt Storage Building $79,375 Total $79,375  Vote Record - Resolution RES-2018-508 Adopted   Adopted as Amended Yes/Aye No/Nay Abstain Absent  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 2018-509 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Clerk Ph 7/3 7:32 - Chapter 205 WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk nd County, New York, on the 22 day of May, 2018, a Local Law entitled “A Local Law in 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 Southold Town Meeting Agenda - May 22, 2018 Page 37 aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the rd 3 day of July, 2018 at 7:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, “A Local Law in relation to Amendments to Chapter 205, Public Entertainment and Special Events” reads as follows: LOCAL LAW NO. 2018 A Local Law entitled, “A Local Law in relation to Amendments to Chapter 205, Public Entertainment and Special Events”. BE IT ENACTED by the Town Board of the Town of Southold as follows: 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; C. The use of amplified sound exceeding the standards set forth in Chapter 180 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: Southold Town Meeting Agenda - May 22, 2018 Page 38 (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 forth in Article III of this chapter. 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 Southold Town Meeting Agenda - May 22, 2018 Page 39 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 aA single application may be made 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. (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 Southold Town Meeting Agenda - May 22, 2018 Page 40 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. (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 Southold Town Meeting Agenda - May 22, 2018 Page 41 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. 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 standards set forth in § 205-5E(1) through (15) 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 criteria set forth in § 205-5E 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 application as applied for, deny the application, or grant the application with conditions. In making its determination the Town Board shall consider the following: Southold Town Meeting Agenda - May 22, 2018 Page 42 (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 in the impacts defined in Subsection E(4), (5), (6), (7) and (8) above. (13) Whether the frequency of prior or proposed special events on the site constitutes a change or intensification of the permitted use of the property necessitating a use variance or further site 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. 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. Southold Town Meeting Agenda - May 22, 2018 Page 43 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 consider the following criteria in addition to the criteria set forth in § 205-5E above: (1) The size of the premises in relation to the number of people attending the event. (2) The sufficiency of arrangements made to control traffic, parking, noise, lighting and refuse. (3) The frequency of events proposed or approved for the premises and whether the frequency is so great that the events constitute a persistent usage of the 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. Southold Town Meeting Agenda - May 22, 2018 Page 44 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 shall include all information required under § 205-4A, C, D and E 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 Southold Town Meeting Agenda - May 22, 2018 Page 45 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. (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. (3) For each subsequent offense of § 205-9B(1) or (2), 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. Southold Town Meeting Agenda - May 22, 2018 Page 46 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-2018-509 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent 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  2018-510 CATEGORY: Budget Modification DEPARTMENT: Accounting 2018 Budget Modification- DPW Financial Impact: Transfer funds to cover change of position RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 General Fund Whole Town budget as follows: From: A.1620.4.400.700 Buildings & Grounds, C.S. Building Rentals $3,500 Southold Town Meeting Agenda - May 22, 2018 Page 47 Total $3,500 To: A.1620.1.100.100 Buildings & Grounds, FT Employees Regular Earnings $3,500 Total $3,500  Vote Record - Resolution RES-2018-510 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent  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 2018-511 CATEGORY: Bid Acceptance DEPARTMENT: Engineering Accept Bid - FI Salt Barn RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Mattern Construction Inc. in the amount of $176,000 for the Construction of the Salt Barn on Fishers Island all in accordance with the Town Attorney.  Vote Record - Resolution RES-2018-511  Adopted  Adopted as Amended Yes/Aye No/Nay Abstain Absent  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 - May 22, 2018 Page 48 2018-512 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Clerk Enact Local Law - Chapter 280 Commercial Solar Energy Siting WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk th County, New York, on the 10 day of April, 2018, a Local Law entitled “A Local Law in relation to Amendments to Chapter 280 as it pertains to the siting of commercial solar energy systems” and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, “A Local Law in relation to Amendments to Chapter 280 as it pertains to siting of commercial solar energy systems” reads as follows: LOCAL LAW NO. 2018 A Local Law entitled, “A Local Law in relation to Amendments to Chapter 280 as it pertains to siting of commercial solar energy systems” BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town Board of the Town of Southold recognizes the importance of renewable energy facilities. However, it is equally important to protect our natural resources by providing standards for solar energy production facilities on those lands that have been previously cleared and/or disturbed. It is altogether reasonable that the Town Board makes adequate provisions for these facilities, and it is imperative that such facilities do not adversely affect surrounding and nearby properties. It is therefore the intent of this section to provide adequate safeguards for the location, siting and operation of solar energy production facilities and solar collection systems. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: Article XIV Light Industrial Park/Planned Office Park (LIO) District \[Added 1-10-1989 by L.L. No. 1-1989\] § 280-57 Purpose. The purpose of the Light Industrial Park/Planned Office Park (LIO) District is to provide opportunity for the location of business and professional offices, research facilities, industrial uses and similar activities in an open, campus-like setting in areas which are not appropriate for Southold Town Meeting Agenda - May 22, 2018 Page 49 commercial activity or low-density residential development. In this area, such uses can be established in an attractive environment and serve both as a means of preserving the open qualities of an area and providing an area adjacent to hamlet areas where such uses can be appropriately developed with suitable protection for ground- and surface waters. All uses must conform to Suffolk County Health Department standards. § 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: \[Amended 5-9-1989 by L.L. No. 6-1989; 11-29-1994 by L.L. No. 26-1994; 4-28-1997 by L.L. No. 6-1997\] B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, except Subsection B(10), which may be permitted as a special exception by the Planning Board, and all such special exception uses shall be subject to site plan approval by the Planning Board: \[Amended 5-23-1989 by L.L. No. 7-1989; 4-28-1997 by L.L. No. 6-1997; 11-12- 1997 by L.L. No. 26-1997; 2-12-2013 by L.L. No. 2-2013; 6-17-2014 by L.L. No. 7-2014\] (10) Commercial solar energy production system, subject to the following criteria: (a) The commercial solar energy system shall not be on a parcel of less than five acres. (b) Solar energy production facilities shall be permitted only on those lands previously cleared and/or disturbed on or before January 1, 2018. No additional clearing shall be permitted, except that the removal of shrubs, underbrush and trees under six inches in diameter shall be permitted and shall not be deemed clearing. (cb) All ground-mounted panels shall not exceed the height of eight feet. (dc) All mechanical equipment of the commercial solar energy system, including any structure for batteries or storage cells, shall be completely enclosed by a minimum eight-foot-high fence with a self-locking gate. (ed) Notwithstanding any requirement in § 280-63 of this chapter, the total surface area of all ground-mounted and freestanding solar collectors, including solar photovoltaic cells, panels, and arrays, shall not exceed 80% of the total parcel area. (fe) A minimum twenty-five-foot perimeter buffer, consisting of natural and undisturbed vegetation, supplemented with evergreen plantings, as needed, shall be provided around all mechanical equipment and solar panel arrays to provide screening from adjacent residential properties and Town, county and state roads. A vegetated perimeter buffer shall be installed to provide year-round screening of the system from adjacent properties. Southold Town Meeting Agenda - May 22, 2018 Page 50 (gf) A minimum setback for a solar energy production facility and equipment used in conjunction with the solar energy production facility shall be located at least 100 feet from any residential dwelling or zone (hi) All solar energy production systems shall be designed and located in order to prevent reflective glare toward any habitable buildings as well as streets and rights-of-way. (ij) All on-site utility and transmission lines shall be, to the extent feasible, placed underground. (ji) A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations. (kj) The system shall be designed and situated to be compatible with the existing uses on adjacent and nearby properties. (lk) In approving a special exception, the Planning Board may waive or modify any of the above criteria if it finds that there is no detriment to public health, safety and welfare. (ml) Any special exception approval granted under this article shall have a term of 20 years, commencing from the grant of the special exception, which may be extended for additional five-year terms upon application to the Planning Board. (nm) Decommissioning/removal: \[1\] Any commercial solar energy production system that is not operated for a continuous period of 24 months shall be deemed abandoned. At that time, the owner of the commercial solar energy production system or the owner of the property where the commercial solar energy production system is located shall remove all components thereof within 90 days of such deemed abandonment or will be in violation of this section. In the case of a commercial solar energy production system on preexisting structures, this provision shall apply to the commercial solar energy production system only. If the commercial solar energy production system is not removed within said 90 days, the Building Inspector may give the owner notice that unless the removal is accomplished within 30 days, the Town will cause the removal at the owner's expense. All costs and expenses incurred by the Town in connection with any proceeding or any work done for the removal of a commercial solar energy production system shall be assessed against the land on which such commercial solar energy production system is located, and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located, then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner of the system and the owner of the property upon which the system is located shall fail to pay such expenses within 10 days after the statement is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action, the Building Inspector may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection Southold Town Meeting Agenda - May 22, 2018 Page 51 with which the expenses were incurred and the owner of the system and the owner of the property upon which the system is located, with the Assessors, who shall, in the preparation of the next assessment roll, assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as are provided by law for the collection and enforcement of real property taxes in the Town of Southold. \[2\] This subsection is enacted pursuant to § 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through removal provisions to ensure the proper decommissioning of commercial solar energy production systems within the entire Town. The removal reduction provision of this chapter shall supersede any inconsistent portions of Town Law § 64, Subdivision 5-a, and govern the subject of removal of commercial solar energy production systems in this chapter. Article XV Light Industrial (LI) District \[Added 1-10-1989 by L.L. No. 1-1989\] § 280-61 Purpose. The purpose of the Light Industrial (LI) District is to provide an opportunity for business and industrial uses on smaller lots than would be appropriate for the LIO Light Industrial Park/Planned Office Park District. § 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: \[Amended 5-9-1989 by L.L. No. 6-1989; 11-29-1994 by L.L. No. 26-1994; 4-28- 1997 by L.L. No. 6-1997\] B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, except Subsection B(10), which may be permitted as a special exception by the Planning Board, and all such special exception uses shall be subject to site plan approval by the Planning Board: \[Amended 4-28-1997 by L.L. No. 6-1997; 2-12-2013 by L.L. No. 2-2013; 6-17- 2014 by L.L. No. 7-2014\] (10) Commercial solar energy production system, subject to the following criteria: (a) The commercial solar energy system shall not be on a parcel of less than five acres. (b) Solar energy production facilities shall be permitted only on those lands previously cleared and/or disturbed on or before January 1, 2018. No additional clearing shall be permitted, except that the removal of shrubs, underbrush and Southold Town Meeting Agenda - May 22, 2018 Page 52 trees under six inches in diameter shall be permitted and shall not be deemed clearing. (cb) All ground-mounted panels shall not exceed the height of eight feet. (dc) All mechanical equipment of the commercial solar energy system, including any structure for batteries or storage cells, shall be completely enclosed by a minimum eight-foot-high fence with a self-locking gate. (ed) Notwithstanding any requirement in § 280-63 of this chapter, the total surface area of all ground-mounted and freestanding solar collectors, including solar photovoltaic cells, panels, and arrays, shall not exceed 80% of the total parcel area. (fe) A minimum twenty-five-foot perimeter buffer, consisting of natural and undisturbed vegetation, supplemented with evergreen plantings, as needed, shall be provided around all mechanical equipment and solar panel arrays to provide screening from adjacent residential properties and Town, county and state roads. A vegetated perimeter buffer shall be installed to provide year-round screening of the system from adjacent properties. (gf) A minimum setback for a solar energy production facility and equipment used in conjunction with the solar energy production facility shall be located at least 100 feet from any residential dwelling or zone (hi) All solar energy production systems shall be designed and located in order to prevent reflective glare toward any habitable buildings as well as streets and rights-of-way. (ij) All on-site utility and transmission lines shall be, to the extent feasible, placed underground. (ji) A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations. (kj) The system shall be designed and situated to be compatible with the existing uses on adjacent and nearby properties. (lk) In approving a special exception, the Planning Board may waive or modify any of the above criteria if it finds that there is no detriment to public health, safety and welfare. (ml) Any special exception approval granted under this article shall have a term of 20 years, commencing from the grant of the special exception, which may be extended for additional five-year terms upon application to the Planning Board. (nm) Decommissioning/removal: \[1\] Any commercial solar energy production system that is not operated for a continuous period of 24 months shall be deemed abandoned. At that time, the owner of the commercial solar energy production system or the owner of the property where the commercial solar energy production system is located shall remove all components thereof within 90 days of such deemed abandonment or will be in violation of this section. In the case of a commercial solar energy production system on preexisting structures, this provision shall apply to the commercial solar energy production system only. If the commercial solar energy production system is not removed within said 90 days, the Building Inspector may give the owner Southold Town Meeting Agenda - May 22, 2018 Page 53 notice that unless the removal is accomplished within 30 days, the Town will cause the removal at the owner's expense. All costs and expenses incurred by the Town in connection with any proceeding or any work done for the removal of a commercial solar energy production system shall be assessed against the land on which such commercial solar energy production system is located, and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located, then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner of the system and the owner of the property upon which the system is located shall fail to pay such expenses within 10 days after the statement is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action, the Building Inspector may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred and the owner of the system and the owner of the property upon which the system is located, with the Assessors, who shall, in the preparation of the next assessment roll, assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as are provided by law for the collection and enforcement of real property taxes in the Town of Southold. \[2\] This subsection is enacted pursuant to § 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through removal provisions to ensure the proper decommissioning of commercial solar energy production systems within the entire Town. The removal reduction provision of this chapter shall supersede any inconsistent portions of Town Law § 64, Subdivision 5-a, and govern the subject of removal of commercial solar energy production systems in 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-2018-512 Adopted  Yes/Aye No/Nay Abstain Absent Adopted as Amended  James Dinizio Jr     Defeated  William P. Ruland     Tabled  Southold Town Meeting Agenda - May 22, 2018 Page 54 Withdrawn  Jill Doherty     Supervisor's Appt  Robert Ghosio      Tax Receiver's Appt Louisa P. Evans      Rescinded  Town Clerk's Appt Scott A. Russell     Supt Hgwys Appt  No Action  Lost  2018-513 CATEGORY: Property Acquisition Purchase DEPARTMENT: Land Preservation Elect to Purchase-SEQRA Carnation Properties Dev Rights Easement 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 Carnation Properties, Inc. on the 22nd day of May, 2018, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as part of SCTM #1000-109.-1-10.1. The address is 23195 NYS Route 25 in Cutchogue. The property is located in the Agricultural-Conservation (A-C) Zoning District and is situated at the northerly side of NYS Route 25, approximately 1482 feet west of Alvah’s Lane in Cutchogue, New York; and WHEREAS, the proposed acquisition is for a development rights easement on approximately 51.6± (subject to survey) of the 53.472± acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner; and WHEREAS, the easement will be acquired using Community Preservation Funds. The purchase price is $62,790 (sixty-two thousand seven hundred ninety dollars) per buildable acre, estimated at $3,239,964.00 (three million two hundred thirty-nine thousand nine hundred sixty-four dollars) for the 51.6± acre easement, plus acquisition costs. Purchase price will be adjusted at time of closing based on final survey acreage determination; and WHEREAS, the property is listed on the Town’s Community Preservation Project Plan as property that should be preserved due to its agricultural value and its value as an aquifer recharge area; and Southold Town Meeting Agenda - May 22, 2018 Page 55 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 the LWRP Coordinator has recommended that this action is consistent with the 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 Carnation Properties, Inc., identified as part of SCTM #1000-109.-1-10.1. 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-2018-513 Adopted  Yes/Aye No/Nay Abstain Absent  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  No Action Southold Town Meeting Agenda - May 22, 2018 Page 56 Lost  2018-514 CATEGORY: Property Usage DEPARTMENT: Town Clerk Appeal of the Denial of the Special Events Application RESOLVED the Town Board of the Town of Southold hereby DENIES the Appeal of the 8 Hands Farm of the Denial of its Special Events Application pursuant to Section 205-6 of the Town Code of the Town of Southold. .  Vote Record - Resolution RES-2018-514  Adopted  Adopted as Amended Yes/Aye No/Nay Abstain Absent  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  IV. PUBLIC HEARINGS 1. PH 5/22 4:31 Pm - Chapter 280 Commercial Solar Energy Siting 2. Set Public Hearing - Carnation Properties Dev Rights Easement 3. Special Event Appeal - 8 Hands