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Home My WebLink AboutAG-07/03/2018 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 July 3, 2018 7:30 PM POLICY: At scheduled Town Board meetings, the attending public is encouraged to briefly address the Town Board relating to agenda resolutions prior to their enactment; the public will also be given time at the conclusion of the regularly scheduled business agenda to address the Board on any given topic. ONLINE ACCESS: The Agenda is generally available the Friday before the meeting. The video of the meeting is usually available 1-2 hours after the meeting. Minutes with adopted resolutions are available 1-2 days after the meeting. A full copy of the minutes, agenda and meeting video can be viewed in one of two ways: (1) The town of Southold website: www.southoldtownny.gov Click on “Town Board On- Line”; Click Box “Yes” to be redirected to IQM2 and you will then be redirected to the Town Clerk online site. (2) www.townclerk.com Enter zip code 11971 in box on lower right hand side and “enter”. On the left hand side of screen a dark blue box will pop up, you will see "Town of Southold, Long Island, NY", click on this and another box will pop up that will tell you that you are being directed to another site click on “Yes” to go into the Town Clerk site. Go to the date of the meeting and click on "Minutes Packet" this is the full copy of the resolutions. (Scroll to bottom of page for KEY to symbols). You can view the live video of the meeting by clicking on the camera symbol. All of this information is available 24/7. If you would like help navigating the site, please feel free to call my office 631-765-1800. CALL TO ORDER 7:30 PM Meeting called to order on July 3, 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 - July 3, 2018 Page 2 I. REPORTS 1. Land Tracking Report 1st Quarter 2018 2. Trustees Monthly Report May 2018 II. PUBLIC NOTICES III. COMMUNICATIONS IV. DISCUSSION 1. 9:00 Am - Jack Biggane Family Skin Care Foundation Sunscreen Dispensers 2. 9:15 Am - Craig Jobes Update on Environmental Analyst Initiatives 3. 9:30 Am - James Garretson and Ted Webb with Historic Preservation Commission Members Preservation of the Plum Island Lighthouse 4. 9:45 Am - Amy Folk Update from Town Historian 5. 10:00 Am - William Achnitz of CDCLI with Denis Noncarrow and Michael Collins Clean Energy Communities Update 6. Councilman Dinizio Town Board Liaison Report on the Police Advisory Committee and Conservation Advisory Council 7. Recreational Overlay Zoning 8. Amendments to Chapter 280 Regarding Helicopters 9. Amendments to Chapter 161 with Regard to Street Trees 10. EXECUTIVE SESSION Proposed Acquisition(S), Sale or Lease of Real Property Where Publicity Would Substantially Affect the Value Thereof 11:00 am - Melissa Spiro 11. EXECUTIVE SESSION - Labor - Matters Involving the Employment of a Particular Person(S) Southold Town Meeting Agenda - July 3, 2018 Page 3 11:30 am - Karen McLaughlin, Human Resource Center 11:45 am - Councilman Ruland re: Agricultural Advisory Committee Member 12. EXECUTIVE SESSION - Potential Litigation 12:00 pm - Michael Collins and Jamie Richter 13. EXECUTIVE SESSION - Litigation Grimes v. Town of Southold V. RESOLUTIONS 2018-617 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated July 3, 2018.  Vote Record - Resolution RES-2018-617 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 2018-618 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, July 17, 2018 at Southold Town Hall, 53095 Main Road, Southold, New York at 4:30 P. M..  Vote Record - Resolution RES-2018-618 Adopted  Yes/Aye No/Nay Abstain Absent Southold Town Meeting Agenda - July 3, 2018 Page 4 Adopted as Amended  James Dinizio Jr     Defeated  William P. Ruland      Tabled Jill Doherty      Withdrawn  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 2018-619 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Agreement W/SC Youth Bureau RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Agreement between the County of Suffolk Youth Bureau and the Town of Southold, in the amount of $17,464.00 for the term January 1, 2018 through December 31, 2018, all in accordance with the approval of the Town Attorney.  Vote Record - Resolution RES-2018-619  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  2018-620 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Old Town Arts & Crafts Guild Show Financial Impact: Southold Town Meeting Agenda - July 3, 2018 Page 5 Cost Analysis $217.04 per event RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Old Town Arts & Crafts Guild to hold its annual Arts & Crafts Show on the Village Green in Cutchogue on Saturday August 4, 2018 (r/d August 5) from 8:00 AM to 4:00 PM and Saturday October 20, 2018 (r/d October 21), provided applicant has met all of the requirements as listed in the Town Policy on Special Events and Use of Recreation Areas and Town Roads. Failure to comply with policy procedures will result in forfeiture of clean up deposit.  Vote Record - Resolution RES-2018-620 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  2018-621 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Waive Parking Reg for Southold Yacht Club RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Southold Yacht Club to park overflow vehicles in the town parking lot at Goose Creek Beach, on July 13-14, 2018 (raindate July 15, 2018) for their Annual Around Shelter Island Regatta; July 18-20, 2018 (raindates July 23-24, 2018) for their Annual Carol Smith Regatta and August 9-10, 2018 (raindate August 11, 2018) for the Peconic Gardiners Junior Sailing Association Championship Regatta provided the applicant meets all of the requirements as listed in the Town Policy on Special Events and Use of Recreation Areas and Town Roads. Parking permit requirements shall be waived for participants who do not have Southold Town Beach Parking Permits, placards provided by the Yacht Club should be placed on the vehicle?s dashboard for those participants who do not have parking permits. Failure to comply with policy procedures will result in forfeiture of clean up deposit.  Vote Record - Resolution RES-2018-621 Adopted  Yes/Aye No/Nay Abstain Absent Adopted as Amended  James Dinizio Jr     Defeated  William P. Ruland      Tabled Southold Town Meeting Agenda - July 3, 2018 Page 6 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  2018-622 CATEGORY: Special Events DEPARTMENT: Town Clerk Annual Boy Scout Car Show Financial Impact: Cost Analysis: $217.04 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Boy th Scout Troop 6 to hold its 27 Annual Antique Car Show on Saturday, September 1, 2018 (raindate Sunday September 2, 2018) from 9:00 AM to 4:00 PM at the Peconic Lane Community Center, Peconic Lane, Peconic, provided they file with the Town Clerk a Two Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and comply with all the provisions of the Town’s Special Permit Policy. All fees associated with this approval shall be waived, with the exception of the clean-up deposit.  Vote Record - Resolution RES-2018-622  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  2018-623 CATEGORY: Employment - Town DEPARTMENT: Accounting Southold Town Meeting Agenda - July 3, 2018 Page 7 Zoning Board of Appeals Member Resolved that the Town Board of the Town of Southold hereby terminates the appointment of Gerard Goehringer from the position of Zoning Board of Appeals Member effective June 6, 2018.  Vote Record - Resolution RES-2018-623  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  2018-624 CATEGORY: Special Events DEPARTMENT: Town Clerk American Legion Car Show Financial Impact: Cost Analysis: $ 217.04 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the American Legion Griswold-Terry-Glover Post 803 to hold an Antique Car Show on August 26, 2018 from 8:00 AM to 3:00 PM at the American Legion, Main Road, Southold. They are also requesting Partial closure of Tuckers Lane, provided they file with the Town Clerk a Two Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and comply with all the provisions of the Town’s Special Permit Policy. All fees associated with this approval shall be waived, with the exception of the clean-up deposit.  Vote Record - Resolution RES-2018-624  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 Scott A. Russell      Town Clerk's Appt Southold Town Meeting Agenda - July 3, 2018 Page 8 Supt Hgwys Appt  No Action   Lost 2018-625 CATEGORY: Bond DEPARTMENT: Town Clerk Rescind 2018-594 RESOLVED that the Town Board of the Town of Southold hereby rescinds resolution #2018- 594 adopted at the June 19, 2018 regular Town Board meeting in its entirety.  Vote Record - Resolution RES-2018-625  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  2018-626 CATEGORY: Bond Public Hearing DEPARTMENT: Town Clerk PH 7/17 4:30 Pm - SWMD Bond WHEREAS, the Town Board of the Town of Southold (herein called the “Town”), in the County of Suffolk, New York, on behalf of the Southold Solid Waste Management District, in the Town (herein called the “District”), has determined that it is in the best interests of the District to increase and improve the facilities of the District, by the acquisition of two front end wheel loaders at the aggregate estimated maximum cost of not to exceed $500,000, pursuant to Section 202-b of the Town Law; and WHEREAS, it is expected that approximately $25,000 may be received as a trade-in credit for a separate item of equipment, which may be used to pay a part of the cost of the new equipment,; and Southold Town Meeting Agenda - July 3, 2018 Page 9 WHEREAS, the Town Board, as lead agency, has given due consideration to the impact that the project may have upon the environment and, on the basis of such consideration, the Town Board, acting as Lead Agency, pursuant to the New York State Environmental Quality Review Act (hereinafter sometimes called “SEQRA”) has found and determined that the project is a Type II Action and no further environmental review is required; Now, therefore, be it ORDERED, that a meeting of the Town Board of the Town be held at the Town Hall, 53095 Main Road, Southold, New York, on the July 17, 2018 at 4:30 o’clock P.M. (Prevailing Time) to consider said increase and improvement of facilities of the District and to hear all persons interested in the subject thereof concerning the same and for such other action on the part of the Town Board with relation thereto as may be required by law; and be it, FURTHER ORDERED, that the Town Clerk publish at least once in the “The Suffolk Times,” hereby designated as the official newspaper of the Town for such publication, and post on the sign board of the Town maintained pursuant to subdivision 6 of Section 30 of the Town Law, a Notice of such public hearing in substantially the form appearing in Exhibit A, certified by said Town Clerk, the first publication thereof and said posting to be not less than ten (10) nor more than twenty (20) days before the date of such public hearing. DATED: July 3, 2018 Exhibit A NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold, in the County of Suffolk, State of New York, will meet at the Town Hall, 53095 Main Road, Southold, New York, on July 17, 2018, at 4:30 o’clock P.M. (Prevailing Time), for the purpose of conducting a public hearing in relation to the increase and improvement of facilities of the Southold Solid Waste Management District, consisting of the acquisition of two front end wheel loaders at the aggregate estimated maximum cost of not to exceed $500,000. The plan of financing includes the issuance of bonds in the maximum amount of $500,000; however, it is expected that approximately $25,000 shall be received as a trade-in credit for a separate item of equipment, which may be used to pay a part of the cost of the new equipment. At said public hearing, the Town Board will hear all persons interested in said subject matter thereof. Dated: July 3, 2018 Southold, New York BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, STATE OF NEW YORK Elizabeth A. Neville, Town Clerk Town of Southold  Vote Record - Resolution RES-2018-626 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 - July 3, 2018 Page 10 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  2018-627 CATEGORY: Public Service DEPARTMENT: Town Clerk Appoint a Temporary Marriage Officer RESOLVED that the Town Board of the Town of Southold hereby appoints Lynda M Rudder, as a Temporary Marriage Officer for the Town of Southold, on Monday, July 16, 2018 only, to serve at no compensation.  Vote Record - Resolution RES-2018-627  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  2018-628 CATEGORY: Budget Modification DEPARTMENT: Accounting 2018 Budget Modification- Capital Financial Impact: Establish budget for HRC DASNY grant project- Building Improvements RESOLVED that the Town Board of the Town of Southold hereby modifies Capital Fund budget as follows: Southold Town Meeting Agenda - July 3, 2018 Page 11 Increase: H.3089.75 State Aid, DASNY Grant $78,615 Total $78,615 Increase: H.1620.2.500.975 Building Improvements $78,615 Total $78,615  Vote Record - Resolution RES-2018-628  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  2018-629 CATEGORY: Refund DEPARTMENT: Town Clerk Refund of Pakring Permit RESOLVED that the town Board of the Town of Southold hereby authorizes a refund of $20.00 to Chalres Ley, PO Box 1656, Mattituck, NY 11952 for the purchase of a duplicate parking permit  Vote Record - Resolution RES-2018-629  Adopted Yes/Aye No/Nay Abstain Absent Adopted as Amended  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  Southold Town Meeting Agenda - July 3, 2018 Page 12 2018-630 CATEGORY: Refund DEPARTMENT: Town Clerk Trailer Permit Refund RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund of $150.00 to Cutting Edge Landscaping, Edward Danowski, PO Box 1118, Mattituck, NY 11952 for over payment of a trailer permit.  Vote Record - Resolution RES-2018-630 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  2018-631 CATEGORY: Budget Modification DEPARTMENT: Accounting 2018 Budget Modification- Capital Financial Impact: Establish budget for 2018 Road Improvements RESOLVED that the Town Board of the Town of Southold hereby modifies Capital Fund budget as follows: Increase: H.5031.91 Interfund Transfer, Road Resurfacing $750,000 Total $750,000 Increase: Southold Town Meeting Agenda - July 3, 2018 Page 13 H.5112.2.400.200 Permanent Improvements, Capital Outlay FY 2018 Road Improvements $750,000 Total $750,000  Vote Record - Resolution RES-2018-631  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  2018-632 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 Rotary Club of Southold, Inc 2/13/18 $250.00 Service Account Po Box 420 Southold, NY 11971 Mattituck Lions Club 2/21/18 $250.00 PO Box 595 Mattituck, NY 11952 Mattituck-Laurel Historical Society 4/26/18 $250.00 PO Box 766 Southold Town Meeting Agenda - July 3, 2018 Page 14 Mattituck, NY 11952  Vote Record - Resolution RES-2018-632  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  2018-633 CATEGORY: Employment - Town DEPARTMENT: Accounting Amend Resolution 2018-586 RESOLVED that the Town Board of the Town of Southold hereby amends Resolution 2018- 586 adopted on June 19, 2018 to read as follows: RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves Resolution Number 2018-122 of the Fishers Island Ferry District adopted June 11, 2018 that appoints Alyssa Hadley to the position of summer seasonal Cashier (FIFD) effective June 21, 2018 at a rate of $12.50 per hour. On September 15, 2018 Ms. Hadley will terminate her summer seasonal position.  Vote Record - Resolution RES-2018-633  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 - July 3, 2018 Page 15 2018-634 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Rate Increase RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves Resolution Number 2018-120 of the Fishers Island Ferry District adopted June 25, 2018 that reads as follows: Whereas the Board of Commissioners with RESOLUTION 2018 – 091 ratified and approved the 2018- 2021 Stipulation of Agreement with the CSEA; and Whereas the pay rate for Frank R. Smith was not included in resolution 2018-091; Therefore it is RESOLVED, with effect January 1, 2018, to increase by 2% Mr. Smith’s hourly wage rate from $13.41 to $13.68.  Vote Record - Resolution RES-2018-634 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  2018-635 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Rate Increase RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves Resolution Number 2018-121 of the Fishers Island Ferry District adopted June 25, 2018 that reads as follows: WHEREAS the District ratified the August 17, 2017 Stipulation of Agreement with CSEA, Inc. Local 1000, AFSCME, AFL-CIO regarding Advancement Ladders and; Southold Town Meeting Agenda - July 3, 2018 Page 16 WHEREAS said Advancement Ladders define qualifications and minimum wages for certain positions and; WHEREAS, on February 1, 2018 Jonathan Hiller, a Ferry Captain (FIFD), met the qualifications to be advanced to Captain as listed in the Ferry District’s advancement ladder, and WHEREAS his manager has recommended such action, it is therefore RESOLVED to promote Mr. Hiller to full time Captain (FIFD) with effect February 1, 2018. Simultaneously, Mr. Hiller is released from his part time Deckhand (FIFD) position. It is further RESOLVED to retroactively increase, beginning February 1, 2018, the hourly wage rate of Jonathan Hiller from $19.87 and $24.89 to $28.00 and to retroactively pay the difference between his contractual wage rates at January 1, 2018 and the Captain wage rate of $28, the total payment equal to $4,147.51.  Vote Record - Resolution RES-2018-635 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 2018-636 CATEGORY: Advertise DEPARTMENT: Human Resource Center Permission to Advertise for PT Home Health Aide for 2 Weeks RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for the position of part-time Home Health Aide for the Social Model Senior Adult Day Care program at the Southold Town Human Resource Center.  Vote Record - Resolution RES-2018-636 Adopted  Yes/Aye No/Nay Abstain Absent  Adopted as Amended  Defeated James Dinizio Jr     Tabled  William P. Ruland     Withdrawn  Southold Town Meeting Agenda - July 3, 2018 Page 17 Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio      Rescinded Louisa P. Evans      Town Clerk's Appt  Supt Hgwys Appt Scott A. Russell     No Action  Lost  2018-637 CATEGORY: Refund DEPARTMENT: Town Clerk Refunds for Parking Permits RESOLVED that the Town Board of the Town of Southold hereby authorizes refunds in the amount of $20.00 each to the following two (2) individuals as they paid for resident beach parking permits online but are non-residents: th Rosa Naranjo 44-33 106 Street, Apt #1, Corona, NY 11368 st Bing L Xu 1927 81 Street, Brooklyn, NY 11214  Vote Record - Resolution RES-2018-637  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  2018-638 CATEGORY: Employment - Town DEPARTMENT: Recreation Additional Hire Seasonal Employees - Recreation Department Southold Town Meeting Agenda - July 3, 2018 Page 18 RESOLVED that the Town Board of the Town of Southold hereby rescinds the portion of resolution 2018-519 that was approved at the June 5, 2018 meeting appointing the following summer seasonal employees for the 2018 summer season, June 23 - September 3: STILLWATER LIFEGUARDS HOURLY SALARY 1. Timothy Fabio (3rd year)………………………………. $13.61 2. Alison Griffin (1st year)………………………………… $13.02 3. Courtney Penny (4th year)………………………………. $13.90 4. Mia Vasile-Cozzo (2nd year)............................................ $13.31 5. Lucas Webb (3rd year)…………………….…………… $13.61 RESOLVED that the Town Board of the Town of Southold hereby appoints the following 2018 seasonal summer staff for the period July 5 - September 3 pending successful background search and certification completion as follows: 1. Keith Donovan (1st year)………………………………… $13.02 2. Francesca Vasile-Cozzo (1st year)………………………. $13.02 3. Olivia Schutte (1st year)………………………………… $13.02  Vote Record - Resolution RES-2018-638 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 2018-639 CATEGORY: Advertise DEPARTMENT: Recreation Advertise for Program Instructors RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk’s Office to advertise for Program Instructors and specifically instructors to provide programming for people with special needs for the Recreation Department. Southold Town Meeting Agenda - July 3, 2018 Page 19  Vote Record - Resolution RES-2018-639 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 2018-640 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Appoint Freight Agent RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves Resolution Number 2018-123 of the Fishers Island Ferry District adopted June 28, 2018 that appoints Kevin Carroll to the position of Full Time Freight Agent effective July 5, 2018 at a rate of $18.00 per hour.  Vote Record - Resolution RES-2018-640 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  2018-641 CATEGORY: Employment - Town DEPARTMENT: Accounting Southold Town Meeting Agenda - July 3, 2018 Page 20 Appoint PT Home Health Aide - Jennifer Simek RESOLVED that the Town Board of the Town of Southold hereby appoints Jennifer Simek to the position of a Part-Time Home Health Aide for the Human Resource Center, effective July 9, 2018 at a rate of $15.00 per hour, not to exceed 17.5 hours per week, pending background search completion.  Vote Record - Resolution RES-2018-641 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  2018-642 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint Ubaldino Perez PT Maintenance Mechanic I RESOLVED that the Town Board of the Town of Southold hereby appoints Ubaldino Perez to the position of Part Time Maintenance Mechanic I for the Human Resource Center effective July 9, 2018, at a rate of $18.54 per hour, not to exceed 17.5 hours per week, upon successful Civil Service and background completion.  Vote Record - Resolution RES-2018-642  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 - July 3, 2018 Page 21 2018-643 CATEGORY: Refund DEPARTMENT: Town Clerk Refund Parking Permit - Giuliano RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund of $20.00 to Kelly Giuliano, 23 Amber Trail, Madison, CT 06443 for a duplicate parking permit purchased in error.  Vote Record - Resolution RES-2018-643  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  2018-644 CATEGORY: Ratify Fishers Island Reso. DEPARTMENT: Fishers Island Ferry District FIFD 6/25/18 Meeting Resolution Ratifications RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolutions of the Fishers Island Ferry District Board of Commissioners dated June 25, 2018, as follows: FIFD resolution # Regarding 2018-116 Health Re-imbursement Agreement 2018-117 USPS Mail Contract 2018-118 Docko, Inc/Dredging  Vote Record - Resolution RES-2018-644 Adopted  Yes/Aye No/Nay Abstain Absent Adopted as Amended  James Dinizio Jr      Defeated William P. Ruland      Tabled Southold Town Meeting Agenda - July 3, 2018 Page 22 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  2018-645 CATEGORY: Special Events DEPARTMENT: Town Clerk Mattituck Greek Festival July 21St and July 22Nd RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Transfiguration of Christ Greek Orthodox Church to hold its Annual Greek Festival on July 21st 3 pm to 11 pm and July 22, 2018 from 12:00 PM to 4:00 PM 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-2018-645 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  2018-646 CATEGORY: Ratify Fishers Island Reso. DEPARTMENT: Fishers Island Ferry District FIFD 6/28/18 Meeting Resolution Ratifications Southold Town Meeting Agenda - July 3, 2018 Page 23 RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolutions of the Fishers Island Ferry District Board of Commissioners dated June 28, 2018, as follows: FIFD resolution # Regarding 2018-124 Vision Insurance  Vote Record - Resolution RES-2018-646 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 2018-647 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Waive Parking Reg for Old Cove Yacht Club RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Old Cove Yacht Club to park overflow vehicles on Old Harbor Road, New Suffolk on July 6, 2018 for the Old Cove Invitational Regatta provided the applicant meets all of the requirements as listed in the Town Policy on Special Events and Use of Recreation Areas and Town Roads. Parking permit and trailer permit requirements shall be waived for participants who do not have Southold Town Beach Parking Permits and/or Trailer Permits, placards provided by the Yacht Club should be placed on the vehicle?s dashboard for those participants who do not have parking permits and/or trailer permits.  Vote Record - Resolution RES-2018-647 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 - July 3, 2018 Page 24 No Action  Lost  2018-648 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District SWMD Budget Mods Financial Impact: Provide funding for welding supplies for repairs to grinder floor; forklift brake parts, traffic paint, scale house air conditioner; repairs to scale house phone line. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 Solid Waste Management District budget as follows: From: SR 8160.4.100.608 Composting Urea $1,000 SR 8160.4.400.200 Building Maintenance 800 Total $1,800 To: SR 8160.4.100.400 Welding Supplies $ 700 SR 8160.4.100.600 Misc Equip Maint/Supplies 500 SR 8160.4.100.800 Maint-Facilities/Grounds 600 Total $1,800  Vote Record - Resolution RES-2018-648 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 2018-649 Southold Town Meeting Agenda - July 3, 2018 Page 25 CATEGORY: Budget Modification DEPARTMENT: Police Dept Police Department-Budget Modification Financial Impact: Reallocation of funds for Grathwohl retirement from reserve to sick earnings line for pay out. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 General Whole Town Fund budget as follows: From: A.1990.4.100.200 Police / Retirement Reserve $125,181 Total $125,181 To: A.3120.1.100.400 Police/PS/Sick Earnings $125,181 Total $125,181  Vote Record - Resolution RES-2018-649  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  2018-650 CATEGORY: Budget Modification DEPARTMENT: Public Works DPW Budget Mod Financial Impact: Transfer money into Vechicle Maintenance & Repair account to cover future expenses RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 General Fund Public Works budget as follows: From: Southold Town Meeting Agenda - July 3, 2018 Page 26 A.1620.4.100.550 Equipment Parts & Supplies $1,500. Total $1,500. To: A.1620.4.100.650 Vehicle Maintenance & Repair $1,500 Total $1,500  Vote Record - Resolution RES-2018-650 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 2018-651 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Clerk Lead Service Line Replacement Program Agreement RESOLVED that the Town Board of the Town of Southold hereby authorizes the Southold Town Supervisor to execute Master Grant Contract DOH01-C33205GG-3450000 with New York State’s Department of Health for the Lead Service Line Replacement Program, subject to the approval of the Town Attorney.  Vote Record - Resolution RES-2018-651 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 - July 3, 2018 Page 27 2018-652 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Clerk FIUC Lead Service Line Replace Agreement RESOLVED that the Town Board of the Town of Southold authorizes the Town Supervisor to execute a services agreement with the Fishers Island Utility Company for assistance in the implementation of the Lead Service Line Replacement Program, subject to approval by the Town Attorney.  Vote Record - Resolution RES-2018-652  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  2018-653 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Clerk Greenport Village Lead Service Line Agreement RESOLVED that the Town Board of the Town of Southold authorizes the Town Supervisor to execute an intermunicipal agreement with the Village of Greenport regarding the Village’s participation in the Lead Service Line Replacement Service Program, subject to approval by the Town Attorney.  Vote Record - Resolution RES-2018-653 Adopted  Yes/Aye No/Nay Abstain Absent Adopted as Amended  James Dinizio Jr     Defeated  Southold Town Meeting Agenda - July 3, 2018 Page 28 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  2018-654 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney FIBP - William Wall RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Agreement between the Town of Southold and William Wall of Mystic, Connecticut, to perform services as a Fishers Island Bay Patrol, effective May 1, 2018 through December 31, 2018, at a compensation rate of $2,576.56, plus approved expenses, subject to the approval of the Town Attorney; and be it further  Vote Record - Resolution RES-2018-654 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  2018-655 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney FIBP - Peter Wall Southold Town Meeting Agenda - July 3, 2018 Page 29 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Agreement between the Town of Southold and Peter Wall of Noank, Connecticut, to perform services as a Fishers Island Bay Patrol, effective May 1, 2018 through December 31, 2018, at a compensation rate of $2,576.56, plus approved expenses, subject to the approval of the Town Attorney.  Vote Record - Resolution RES-2018-655  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  2018-656 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney FIBP - L White RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an agreement between the Town of Southold and Lincoln White of Darien, Connecticut, to perform services as a Fishers Island Bay Patrol, effective May 1, 2018 through December 31, 2018, at a compensation rate of $1,296.88, plus approved expenses, subject to the approval of the Town Attorney.  Vote Record - Resolution RES-2018-656 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 - July 3, 2018 Page 30 2018-657 CATEGORY: Refund DEPARTMENT: Town Clerk Parking Permit Refund RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund of $300.00 to Jude Santora, 36 Niewood Drive, Ridge, NY 11961, for a Non-resident permit that was purchased but can not be used for Town ramps.  Vote Record - Resolution RES-2018-657 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 2018-658 CATEGORY: Advertise DEPARTMENT: Town Clerk Advertise for Resumes for Agricultural Advisory Committee RESOLVED the Town Board of the Town of Southold herey authorizes and directs the Town Clerk to advertise for resumes for the Agricultural Advisory Committee.  Vote Record - Resolution RES-2018-658 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 - July 3, 2018 Page 31 No Action  Lost  2018-659 CATEGORY: Employment - Town DEPARTMENT: Accounting Hire Pump Out Boat Operator RESOLVED that the Town Board of the Town of Southold hereby appoints Kevin Izzo to the seasonal position of Pumpout Boat Operator for the Trustees, effective July 6, 2018 through September 30, 2018, at a rate of $20.00 per hour, pending background search completion.  Vote Record - Resolution RES-2018-659 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 2018-660 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney PH 7/31 7:31 Pm - LL Chapter 280 Helicopters WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk rd County, New York, on the 3 day of July, 2018, a Local Law entitled “A Local Law in relation to Amendments to Chapter 280, ‘Zoning’ with regard to Helicopters” now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the st 31 day of July, 2018 at 7:31 p.m. at which time all interested persons will be given an opportunity to be heard. Southold Town Meeting Agenda - July 3, 2018 Page 32 The proposed Local Law entitled, “A Local Law in relation to Amendments to Chapter 280, ‘Zoning’ with regard to Helicopters” reads as follows: LOCAL LAW NO. 2018 A Local Law entitled, “A Local Law in relation to Amendments to Chapter 280, ‘Zoning’ with regard to Helicopters”. BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. To modify and clarify certain provision of the Town Code as it pertains to helicopters in order to better protect the quality of life enjoyed by Southold Town residents. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: § 280-13 Use regulations. \[Amended 3-14-1989 by L.L. No. 3-1989\] In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. \[Amended 5-23-1989 by L.L. No. 8-1989; 11-29-1994 by L.L. No. 25- 1994; 11-29-1994 by L.L. No. 26-1994; 5-13-1997 by L.L. No. 8-1997; 7-17-2007 by L.L. No. 15-2007; 6-15-2010 by L.L. No. 2-2010\] B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as special exception by the Board of Appeals, as hereinafter provided, and, except for the uses set forth in Subsections B(1), (13) and (14) hereof, are subject to site plan approval by the Planning Board: \[Amended 3-14-1989 by L.L. No. 3-1989; 5-20-1993 by L.L. No. 6-1993; 12-21-1993 by L.L. No. 3-1989; 11-29-1994 by L.L. No. 26-1994; 12- 27-1994 by L.L. No. 30-1994; 2-7-1995 by L.L. No. 3-1995; 11-12-1996 by L.L. No. 20- 1996; 11-12-1997 by L.L. No. 26-1997; 12-8-1998 by L.L. No. 26-1998; 10-25-2005 by L.L. No. 18-2005; 6-15-2010 by L.L. No. 2-2010\] C. Accessory uses, limited to the following uses and subject to the conditions listed in § 280- 15 herein: (12) Use of aircraft in agricultural operations, provided that: (a) the use has been granted a special exception from the Zoning Board of Appeals. (b) in addition to the criteria for a special exception set forth in §§ 280-142 7 143, the ZBA shall considering the following criteria: (1) the anticipated frequency of flights (2) the location of the proposed landing and take-off zone (3) the location of residences (4) the type of aircraft being used (c) Notwithstanding the forgoing, the use of aircraft shall be limited to Southold Town Meeting Agenda - July 3, 2018 Page 33 spraying crops, surveying, fields and transporting employees and shall not be used for transporting non-employees to and from the subject premises. Article XXII. Supplementary Regulations § 280-111. Prohibited uses in all districts. \[Amended 11-24-1992 by L.L. No. 26-1992; 8-8-2006 by L.L. No. 7-2015; 8-25-2015 by L.L. No. 7-2015\] C. Uses involving primary production of the following products from raw materials: charcoal and fuel briquettes; chemicals; aniline dyes; carbide; caustic soda; cellulose; chlorine; carbon black and bone black; creosote; hydrogen and oxygen; industrial alcohol; nitrates of an explosive nature; potash; plastic materials and synthetic resins; pyroxylin; rayon yarn; hydrochloric, nitric, phosphoric, picric and sulfuric acids; coal, coke and tar products, including gas manufacturing; explosives; gelatin, glue and size (animal); linoleum and oil cloth; matches; paint, varnishes and turpentine; rubber (natural or synthetic); soaps, including fat rendering; starch. D The following processes: (1) Nitrating of cotton or of other materials. (2) Milling or processing of flour. (3) Magnesium foundry. (4) Reduction, refining, smelting and alloying metal or metal ores. (5) Refining secondary aluminum. (6) Refining petroleum products, such as gasolines, kerosene, naphtha and lubricating oil. (7) Distillation of wood or bones. (8) Reduction and processing of wood pulp and fiber, including paper mill operations. E. Operations involving stockyards, slaughterhouses and slag piles. F. Storage of explosives. G. Quarries. H. Storage of petroleum products. Notwithstanding any other provisions of this chapter, storage facilities with a total combined capacity of more than 20,000 gallons, including all tanks, pipelines, buildings, structures and accessory equipment designed, used or intended to be used for the storage of gasoline, fuel oil, kerosene, asphalt or other petroleum products, shall not be located within 1,000 feet of tidal waters or tidal wetlands. I. Encumbrances to public roads. (1) No person shall intentionally discharge or cause to be discharged any water of any kind onto a public highway, roadway, right-of-way or sidewalk causing a public nuisance or hazardous condition, or resulting in flooding or pooling in or around the public area, including neighboring properties. (2) No person shall place or cause to be placed obstructions of any kind, except the Southold Town Meeting Agenda - July 3, 2018 Page 34 lawful parking of registered vehicles, upon a public highway, roadway, right-of-way or sidewalk that unreasonably interferes with the public's use of the public highway, roadway, right-of-way or sidewalk. J. Transient rental properties. K. Aircraft prohibited. 1. Helicopters prohibited. No person, firm or corporation shall land or cause to be landed, take off or cause to take off or taxi any helicopter on or from the waters, beaches or on any land within the Town of Southold. 2. Seaplanes prohibited. No person, firm or corporation shall land or cause to be landed, take off or cause to take off or taxi any seaplane on or from the waterways under the jurisdiction of the Town of Southold Board of Trustees. 3. This ordinance shall not apply to Town owned airfields, medical or police emergency landings and takeoffs or aircraft involved in medical or military emergencies. 4. This ordinance shall not apply to the use of aircraft as an accessory use to agricultural production as set forth in section 280-13(c)(12). 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-2018-660 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 - July 3, 2018 Page 35 Lost  2018-661 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney PH 8/14 4:31 Pm - Chapter 161 Street Trees WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk rd County, New York, on the 3 day of July, 2018, a Local Law entitled “A Local Law in relation to Amendments to Chapter 161, Street Trees” now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the th 14 day of August, 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 Amendments to Chapter 161, Street Trees” reads as follows: LOCAL LAW NO. 2018 A Local Law entitled, “A Local Law in relation to Amendments to Chapter 161, Street Trees”. BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. To allow for more flexibility in the authorizing of trees to be planted and to clarify the role of the town engineer in the process. II. Chapter 161 of the Code of the Town of Southold are hereby amended as follows: § 161-44 Street trees. Prior to planting, the Planning Board shall be notified as to a time and place where the trees may be inspected. Any trees that are deemed to be unacceptable, which have been planted without proper notification, will be subject to rejection and removal. On large subdivisions with multiple streets, serious consideration shall be given to planting more than one species of tree. A. All trees shall be of freshly dug nursery stock and shall have grown for a period of at least Southold Town Meeting Agenda - July 3, 2018 Page 36 two years, under the same climatic conditions as the location of the development. They shall be of symmetrical growth, sound, healthy, free from insect pests, disease and suitable for street trees. The average trunk diameter at a height of four inches above the finished ground level shall be a minimum of 2 1/2 inches to three inches, depending on good practice, with reference to the particular species to be planted. B. Trees shall be planted at intervals of 30 feet to 40 feet depending on the species, and the trees shall be located five feet outside the right-of-way on private property. The street trees shall be planted on both sides of the street and the spacing and locations of all trees shall be approved by the Superintendent of Highways and the Planning Board. In order to provide visibility for traffic safety, no trees shall be planted within a minimum length of 20 feet from the ends of the right-of-way curve radius at intersections. \[Amended 12-12-1995\] C. Planting. The size of tree pits shall be as follows: Depths of all pits shall not be less than three feet. In no case shall the distance from the ball to the side of the pit be less than six inches. All pits shall have vertical sides unless otherwise directed. The soil shall be made loose and friable for a depth of one foot below the bottom of all pits. D. Where, in the opinion of the Town Engineer, the subgrade material is unsuitable, the size of the pits shall be dug wider and deeper than normally required. The bottom and sides shall be backfilled with topsoil and thoroughly worked into place. E. Backfill for tree pits shall consist of topsoil and manure mixed in the proportions of 75% topsoil and 25% manure. Trees shall be handled so that the ball will not be loosened. After the backfill has been firmed under the ball and around it in six-inch to eight-inch lifts, it shall be thoroughly settled with water. F. Staking of trees shall be done immediately after planting and maintained until final acceptance. Trees shall stand plumb after staking and shall be supported by two stakes, eight feet or more in length, driven into the ground for three feet and fastened securely with double strand No. 12 steel wire through reinforced black rubber hose at the trees. G. Trees shall be wrapped with new six-inch plain burlap bandage when directed by the Town Engineer. The bandage, when used, shall cover the entire surface of the trunk to the height of the first branches. H. Pruning of any badly bruised or broken branches shall be done as directed and the cuts painted with an approved tree paint depending on the size of the cuts. All trees shall be sprayed with an approved antidessiccant, using a power spray to apply an adequate film over trunks, branches and/or over the foliage when directed by the Town Engineer. I. At the time of planting, the soil around the trees shall be thoroughly saturated with water and as many times thereafter as seasonable conditions require during the period to final acceptance. Southold Town Meeting Agenda - July 3, 2018 Page 37 J. Trees shall be planted from March 1 to May 1 and from October 15 to December 1, or at such other times as the Town Engineer may direct. K. Only the following species and varieties for street trees contained in a list adopted by the Town Board by resolution based upon recommendation of the Tree Committee shall be are acceptable for planting.: Scientific Name Common Name Spacing (feet) Acer platanoides Norway maple 40 Acer saccharum Sugar maple 40 Fraxinus americana White ash 30 Fraxinus pennsylvanica lanceolatus Green ash 40 Gleditsia triacanthos Honey locust 30 Gleditsia triacanthos inermis Moraine honey locust 30 Quercus borealis Red oak 40 Quercus palustris Pin oak 40 Tilia cordata Little-leaf linden 30 Tilia tomentosa Silver linden 30 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-2018-661  Adopted Yes/Aye No/Nay Abstain Absent Adopted as Amended  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  Southold Town Meeting Agenda - July 3, 2018 Page 38 2018-662 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Agreement Cancellation - Dunn RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to cancel the Agreement between the Town of Southold and Dunn Engineering for the “Love Lane Traffic Study” due to failure of Dunn Engineering to comply with the terms of the Agreement, , subject to the approval of the Town Attorney.  Vote Record - Resolution RES-2018-662 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 2018-663 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL - Chapter 71 - Agricultural Advisory 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”, 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 the Adoption of Chapter 71, “Agricultural Southold Town Meeting Agenda - July 3, 2018 Page 39 Advisory Committee” reads as follows: LOCAL LAW NO. 2018 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 relationship 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 as Chair of the Committee. Southold Town Meeting Agenda - July 3, 2018 Page 40 C. The members appointed to the Committee shall serve for a three-year term. Upon initial formation, three members shall serve for a one-year term, three members for a two-year term and all others for a three-year term. Each year thereafter, reappointments or new appointments will be for three-year terms. 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 Town Board shall refer the proposed acquisition of development rights to the Committee for review. 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 Southold Town Meeting Agenda - July 3, 2018 Page 41 county or Town agricultural districts. This recommendation(s) shall be advisory only. E. Review local, county, state, and federal legislation affecting the agricultural 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-2018-663 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  2018-664 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL - 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” and Southold Town Meeting Agenda - July 3, 2018 Page 42 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 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 Southold Town Meeting Agenda - July 3, 2018 Page 43 applicant's business. E. The sale or service of food to the public with the exception of the following: (1) On land used in agricultural production, the sale or service of food products composed primarily of ingredients produced on site; or (2) On land used in agricultural production that maintains a winery or farm winery license issued by the New York State Liquor Authority, the sale or service of food items which customarily complement wine tastings and that are ordinarily consumed while standing or walking and without the need for utensils. F. The substantial increase or disruption of the normal flow of traffic on any street or highway. G. The placement of portable toilets. H. The placement of temporary no-parking or directional signs or banners. I. The use of any Town services that would not be necessary in the absence of such an event. SPECIAL EVENT COMMITTEE The Special Even Committee, also referred to in his chapter as the “Committee” shall review applications forwarded to it by the Town Clerk’s Office. The Committee shall make determinations as to the completeness of the application, request further documentation as it deems necessary as set forth in this Chapter, and make recommendations to the Town Board as to whether the application should be granted or denied. The Committee shall consist of: the Government Liaison Officer, who shall act as the Chairperson; the Chairperson of the Zoning Board of Appeals or his or her designee; the Planning Director or his or her designee; the Chief of Police, or his or her designee, and; the Chief Building Inspector, or his or her designee. The Town Attorney shall act as counsel to the Committee. The Town Board shall appoint a secretary to assist the Committee in the processing of applications. § 205-3. Permit required. A. To preserve public peace, good order and the health, safety and welfare of the residents of the Town of Southold, special events shall be prohibited in the Town of Southold unless a special event permit is obtained in accordance with the requirements set forth in this chapter and as follows: (1) All special events on private property and with an expected attendance of less than 1,000 attendees shall obtain approval of the Chairperson of the Zoning Board of Appeals in accordance with the terms set forth in Article II of this chapter shall require the issuance of a Special Event Permit by a resolution of the Town Board. (2) All special events on private property with an expected attendance exceeding 1,000 attendees or special events on Town property shall obtain the approval of the Town Board as set 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 Southold Town Meeting Agenda - July 3, 2018 Page 44 host such an event; (2) Any event held on property owned by a not-for profit for its own fundraising that is contained on site and has adequate parking, ingress, egress, traffic control and sanitary facilities to host such an event; (3) Occasional events on private residential properties hosted by the owner thereof to celebrate family events, holidays, charitable or other not-for-profit fundraisers; however, any use of residential property for profit, such as a venue for weddings or other events, is prohibited. Article II. Special Events Requiring Chairperson of Zoning Board of Appeals Approval Permit Application Requirements and Procedure § 205-4. Application requirements. The following information and materials are to be submitted with an application for a special event permit. The Zoning Board of Appeals office may accept 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. Southold Town Meeting Agenda - July 3, 2018 Page 45 (10) The applicant must provide a certificate of general liability insurance naming the Town of Southold as an additional insured with limits of $1,000,000 per occurrence or such other limit as may be required by the Town Board for events where expected attendance exceeds 500 attendees. B. The appropriate An application fee. (1) The fees for Special Event permits shall be proscribed by a resolution of the Town Board in the following amounts for each event: (1) For events where the expected attendance is less than 500 attendees: $150. (2) For events where the expected attendance is 500 to 1,000 attendees: $250. (3) Applications that are submitted less than 60 days prior to the proposed event may be rejected or subject to a late processing fee of $250. C. A general description of the proposed event including: (1) The purpose of the event and description of the nature of the activities to be carried on and the admission fee to be charged, if any. (2) The names of groups, organizations, charities or individuals who shall benefit from the proceeds of the event. D. A parking/event plan showing: (1) The size of the property and its location in relation to abutting streets or highways. (2) The size and location of any existing building(s) or structure(s) that will be in operation during the course of the event and any proposed building, structure or signs to be erected temporarily for the event. (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. Southold Town Meeting Agenda - July 3, 2018 Page 46 G. A minimum cleanup deposit of $250. F.H. The Chairperson Town Board may require the applicant to send and provide certification that written notice was sent to every property owner abutting or adjacent to the property where the event is to be held, as shown on the current Town of Southold assessment roll, and directly opposite (by extension of the lot lines through a street or right-of-way) of the property that is the subject of the application. Said 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 Southold Town Meeting Agenda - July 3, 2018 Page 47 applied for, deny the application, or grant the application with conditions. In making its determination the Town Board shall consider the following: (1) The size and capacity of the site to accommodate the proposed event. (2) The facilities available. (3) The availability of highways and other means of transportation to and from the site. (4) The impact of the event on the safe and orderly movement of traffic within and contiguous to the event. (5) The need for the Town to police such event, and whether the number of police officers assigned to properly police such event will prevent the Town from providing adequate police protection to the remainder of the Town. (6) The impact of the event on fire and police protection and ambulance service to the areas contiguous to the event and to the Town in general. (7) The impact of the event on the movement of firefighting equipment or ambulance service to the Town or to areas contiguous to the event. (8) The impacts on adjacent property owners and the surrounding neighborhood. (9) Whether the owner, applicant or event sponsor has violated a previously issued special event permit. (10) Verification that there are no outstanding violations on the property at which the event will be held or any outstanding or unsatisfied conditions of a Town agency approval, including, but not limited to, those of the Planning Board or the Zoning Board of Appeals. (11) Verification that the grant of the permit will not violate any existing covenants or easements on the property. (12) Whether a permit has been granted for a prior event that was the same or substantially similar in size and scope to the event applied for and/or resulted 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 Southold Town Meeting Agenda - July 3, 2018 Page 48 deposited, the applicant shall be responsible for the additional costs incurred by the Town as a result of the Special Event. H. A special event permit is not transferable and shall expire at the close of the event(s) for which it is issued. I. The special event permit issued hereunder shall be displayed on the premises during the special event and shall be available for inspection by a police officer or other enforcement officer of the Town upon request. J. Applications for tent permits required for any event must be submitted directly to the Building Department. K. At the sole discretion of the Committee, applications that are submitted less than 60 days prior to the proposed event may be rejected or be considered subject to the applicant paying a late processing fee. § 205-6. Appeal from denial of a special event permit. An applicant who is denied a permit by the the Chairperson of the Zoning Board of Appeals Town Board may apply to the Town Board for reconsideration of the application by filing an appeal with the Town Clerk within 10 days of the date of the denial. A complete copy of the application submitted to the Office of the Zoning Board of Appeals shall accompany the request for reconsideration. The Town Board may, following a public hearing, affirm, amend or reverse the determination the Chairperson of the Zoning Board of Appeals its prior decision subject to any conditions deemed appropriate under the circumstances. Article III. Special Events Requiring Town Board Approval § 205-7. Events held on Town lands or events exceeding 1,000 attendees. A. Any event held on property owned, leased or controlled by the Town or any event where the expected attendance exceeds 1,000 people shall be subject to approval by resolution of a majority of the Town Board following the submission of an application to the Town Clerk 60 days prior to the proposed event. In reviewing applications for such events, the Town Board may 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 Southold Town Meeting Agenda - July 3, 2018 Page 49 are not sufficient resources to ensure public health and safety, the Town Board shall deny one or more permits if the impacts of the events cannot be mitigated. When deciding which event to deny, the Town Board shall consider the following: (a) Whether the event is recurring. (b) Whether the site has been subject to a violation within the last three years. (c) The date the permit application was submitted. (d) If events occurred the prior calendar year, the Chairperson of the Zoning Board of Appeals shall consider what their impact was on that area of the Town. (e) Whether the event will yield a donation to one or more local charities. B. For any special event that is to be held on land owned, leased or controlled by the Town of Southold, the application shall include the following: (1) A completed special event application form which contains the following information: (a) The name, mailing address, e-mail address and telephone number(s) of the person(s) who will be organizing the event and who can be contacted prior to and during the event by Town officials. (b) The proposed event location and type of event. (c) The proposed dates and hours of the special event, including setup and shutdown times. (d) The expected maximum number of persons intended to use the property at one time and collectively, including organizers, employees, vendors, exhibitors and spectators/participants. (e) If there are any special requirements needed for the event, including, but not limited to, police presence or road closures. (2) An application fee in the sum of $250 for events where the expected attendance does not exceed 1,000 attendees. (3) A certificate of insurance not less than $2,000,000 naming the Town of Southold as an additional insured. (4) A minimum cleanup deposit of $250. (5) Where the Town determines that there is no specific Town benefit from the event or that the event is conducted for profit, an additional deposit shall be made in an amount to be determined prior to issuance of the permit based upon the estimated direct costs attributable to additional police, highway and cleanup costs associated with the event. After the event, the deposit will be used to cover such costs, and any monies remaining will be returned to the applicant. (6) Any additional information required by the Town Clerk. C. For any special event where the expected attendance exceeds 1,000 attendees, the application 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 Southold Town Meeting Agenda - July 3, 2018 Page 50 written notice was sent to every property owner abutting or adjacent to the property where the event is to be held, as shown on the current Town of Southold assessment roll, and directly opposite (by extension of the lot lines through a street or right-of-way) of the property that is the subject of the application. Said notice shall include the date, time and location of the proposed special event. D. Notwithstanding the foregoing, the Town Board, upon request by an applicant, may waive in whole or in part any of the foregoing application requirements upon a finding that said requirements are not necessary for proper consideration of a permit application or for the protection of health, safety and welfare. The Town Board resolution shall specify the reason for the grant or denial. If a waiver is granted, the Town Board may attach appropriate conditions to protect the public interests. Article IV III. Enforcement § 205-8. Modification or rescission of permit. If, after a permit is issued, the Chairperson of the Zoning Board of Appeals or the Town Board determines that any of the representations and/or statements contained in the application are materially inaccurate or any of the conditions of the permit have not been complied with, the Town may serve the permittee's agent a notice of rescission of special permit specifying the manner in which the permittee has not complied with the terms of its permit and/or identifying the incorrect information supplied in the application. The Zoning Board of Appeals Chairperson or the Town Board may, for good cause, modify or rescind such permit, absolutely or upon conditions. § 205-9. Penalties for offenses. A. It shall be unlawful for any owner, occupant or his/her agent or any other person to fail to comply with any provisions of this chapter or to fail in any manner to comply with a written notice, directive or order of the Director of Code Enforcement, Zoning Inspector or the Southold Police Department, or to conduct any special event in a manner not in compliance with a permit issued pursuant to this chapter and with the provisions of this Code. B. For each offense against any of the provisions of this chapter or failure to comply with a written notice, directive or order of the Director of Code Enforcement, Zoning Inspector or the Southold Police Department within the time fixed for compliance therewith, the owner, occupant or his/her agent or any other person who commits, takes part or assists in the commission of any such offense or who shall fail to comply with a written order of the Director of Code Enforcement, Zoning Inspector or the Southold Police Department shall be subject to the following: (1) Failure to obtain a permit. Any person conducting a special event that is regulated under this chapter without first obtaining a permit according to the procedures outlined herein shall be subject to a fine of not less than $500 and not more than $1,500.00 $3,000.00. (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 Southold Town Meeting Agenda - July 3, 2018 Page 51 misdemeanor and/or subject to a fine of not less than $500.00 $1,000.00 nor more than $5,000. C. No new special event permits will be issued to any property owner, occupant or his/her agent if such person is a named defendant in an outstanding or unresolved violation of this chapter. D. The Town may also maintain an action or proceeding in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law.  Vote Record - Resolution RES-2018-664 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  VI. PUBLIC HEARINGS 1. PH 7/3 7:31 Pm - Chapter 71 Agricultural Advisory Committee 2. Ph 7/3 7:32 - Chapter 205