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Home My WebLink AboutTB-05/22/2018 ELIZABETH A.NEVILLE' Town Hall,53095 Main Road TOWN CLERK SUfFO(�coGy PO Box 1179 Southold,NY 11971 REGISTRAR OF VITAL STATISTICS o Fax(631)765-6145 MARRIAGE OFFICER y�01 �a°� Telephone: (631)765 - 1800 RECORDS MANAGEMENT OFFICER # southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING May 22, 2018 4:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, May 22, 2018 at the Meeting Hall, Southold,NY. Call to Order 4:30 PM Meeting called to order on May 22, 2018 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Organization Title Status Arrived James Dinizio Jr Town of Southold Councilman Present William P. Ruland Town of Southold f Councilman Present Jill Doherty Town of Southold Councilwoman_ Present Robert Ghosio Town of Southold Councilman Present Louisa P. Evans Town of Southold Justice Absent Scott A. Russell ' Town of Southold Supervisor Present I. Reports 1. Planning Department Monthly Report 2. Trustees Monthly Report 3. Town Clerk Monthly Report 4. Justice Court Reports II. Public Notices 1. Tentative Meeting Timeline for the Suffolk County 2018 Agricultural Districts Enrollment Period Review III. Communications 1. Local Government Training Workshop Southold Town Board Regular Meeting May 22, 2018 page 2 IV. Discussion 1. Code Amendment 2. 9:15 Am -Denis Noncarrow,Jeff Standish, Jamie Richter& Michael Collins 3. 9:30 Am -Denis Noncarrow and Lynn Nyilas 4. Councilman Ruland 5. Councilman Dinizio 6. Councilwoman Doherty 7. Application for Filming/Still Photography Permit for Radar Productions 8. Maintenance of Moore's Lane, Greenport 9. Code Amendment-Codification of the Agricultural Advisory Committee 10. EXECUTIVE SESSION -Labor- Matters Involving the Employment of a Particular Person 11. EXECUTIVE SESSION -Litigation Public Hearin Motion To: Motion to recess to Public Hearing RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed in order to hold a public hearing. RESULT: ADOPTED [UNANIMOUS] MOVER: Robert Ghosio, Councilman SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Russell ABSENT: Louisa P. Evans 9:00 am - Public Hearing- Greenport Brewery SUPERVISOR RUSSELL: Okay, before we get to the regular business of the Town Board, we are meeting for the purposes of a public hearing which is an appeal to a denial of a special event to be held at Greenport Harbor Brewery in Peconic. COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold hereby sets Tuesday, May 22, 2018 at 9:OOA.M. at the Southold Town Meeting Hall , 53095 Main Road, Southold,New York 11971 as the time and place for a Public Hearing upon the Appeal of the denial to hold a Special Event of the Greenport Harbor Brewery Company; LLC., 42155 Main Road, Peconic,New York 11958 Southold Town Board Regular Meeting May 22, 2018 page 3 I do have in the file here a legal notice of the public hearing which was posted on the Town Clerks website and bulletin board. I also have an affidavit that this was published in the Suffolk Times. I also have the request of the appeal here from Richard Vandenburg, asking that we have this hearing. This is for a special event for Greenport Harbor Brewery, it is an event that will be a substantial fundraiser for the Guide Dog Foundation.. I have from the Zoning Board of Appeals a letter of denial denying the application for special event based upon the Town Police and the Town Planning Department have expressed concerns about the proposed event siting potential traffic congestion and off-street and off-site parking problems. And I do have a copy of the permit application here in case we need to reference that. And that's it. SUPERVISOR RUSSELL: I am going to invite anybody that would like to address the Board? RICH VANDENBURGH: Thank you. Good morning. My name is Richard Vandenburgh, I am the person that filed the application on behalf of Greenport Harbor Brewery. I want to start by thanking the Town Board for having, giving us the opportunity to be heard on this appeal. I have a few comments that I would like to make relative to who we are and what the purpose of this event is and how we had planned to address some of those concerns. So the first thing I want to talk about is who is Greenport Harbor Brewing Company, well, we are a nine year old company that was started by two best friends. My best friend John Liegey and I, we met in college and always one day dreamed of starting a business together and particularly a brewery. Nine years ago, July 12, 2009, we were fortunate enough to find a building down in Greenport Village and we invested all of our savings and retirement accounts to start that business. We purchased and totally renovated a commercially zoned building that was close to being condemned in the Village and we believe created an asset that is a destination location in the Village of Greenport. We hired, we have hired local young men and women from our community and now employ 15 full-time and 10 part-time employees. We have sponsored work force housing for our employees, we provide healthcare and retirement benefits to them as well. We expanded our business and purchased a second commercially zoned property that was long-standing eyesore and non-productive parcel in the Town of Southold, specifically in the hamlet of Peconic. We renovated that location with our bare hands into what we believe to be an attractive and vibrant location. We have invested millions of dollars in bringing these locations to a point where they are viewed as a positive additions to the craft beverage segment. A local roots economic impact and a positive visual landscaped business located on the North Fork. But just as important and relative that these points may be, we are also local. We are invested in the community and support the community around us. it may be in supporting a retirement party for a local official or policeman or a neighbor in our community. It may be in supporting an election campaign, meet or greet or celebration of a successful election. It may be hosting one of the many fundraisers we have been involved with for a local child with incurable cancer, youth organizations looking to raise money or a chamber of commerce or a school district or a religious institution. We are local and continue to invest in our community. We regularly support and donate to more than 84 different organizations in and around our community, it may be supporting the many events of Eastern Long Island Hospital throughout the year, it may be supporting our neighbors in uniform from being the founding sponsor of the Peconic Landing veterans wedding every year since they have started, to supporting Southold PBA events, supporting and donating to local fire departments, Suffolk and Nassau County police Southold Town Board Regular Meeting May 22, 2018 page 4 departments, as well as the New York State Chief of Police Association. It may be the Cornell Cooperative Extension and the many marine programs to protect our bays and aquaculture, it may be one of the shelters that provide for the less fortunate. Or it may be one of the civic organizations that premise their success in involving more of our community to support their worthy causes such as the Rotary, Knights of Columbus, Lions Club, Chambers of Commerce for Southold, Mattituck, North Fork Environmental Council, Long Island Pine Barrens, etc. We have hosted events supporting donations, those and more. In the nine years we have grown our business, we have contributed close to $500,000 in donations, services and support to our community. We don't do these things because they are money makers for us, we do it because it is the right thing to do. The right thing to do is to support your community and support your neighbors and we believe strongly in that. so we are here today because our application to host the North Fork dock diving fund raiser was denied and I was made aware last week that there were questions raised by the Planning Board and the Police Department as to the parking situations and how we planned to handle that this year. Last year was our first time running that event, it was a success, we learned a lot and ultimately understood that we would have to continue to address how we were going to handle our parking and traffic congestion. Last year for the record, we actually were able to secure the cooperation of the Southold School, where they allowed us to have an off-site parking location and we actually hired three shuttles to transport people to and from that location in order to alleviate some of what we expected to be, the congestion we would have expected to in our first year. And for the record, we never told anyone to park on town property. My security staff and parking attendants were always specifically instructed to tell people to go to the high school and they would get a free shuttle to the event. So I was made aware of these questions and concerns that the police department and the Planning Board had as to the parking situation and how we were going to handle it. unfortunately, I was never made aware of those questions nor had I been given the opportunity to answer or further explain our parking plan, what we intended to do for this year's event. So it was a little bit of a surprise that I didn't have the opportunity to explain what we had planned to do, so let me just quickly explain what we plan to do. The event is June 2 and 3 from 9:00 AM to 5:00 PM, this date was specifically chosen to occur before July 1 in order to avoid the added congestion of the summer season. The benefit of the event will be the Guide Dog Foundation, as you noted, a nationally not for profit organization that provides trained dogs for the visually impaired, virtually no cost. Our net proceeds of this event will be donated to that organization. This is a family event. The opportunity to bring your own dog to compete is a fun experience for all ages. The popularity of the event is significant, much like the Strawberry Festival, it appears to have some real legs as they say. And as a result, there is a significant influx of patrons who wish to be part of the event. So while parking is limited at our immediate location, we have secured the additional off-site parking for those who wish to attend. There will be directional signage that will be located at those intersections to direct those vehicles to those off-site locations, in addition to mobile device mapping assistance that you will be able to pull up on your phone if you are coming into the area and you will be able to find those two locations by way of our Instagram, Facebook and website. As I say, there will be free shuttles to transport those visitors to the off-site parking locations, there will be three shuttles in total and those shuttles will run continuously from 9:00 AM to 8:00 PM between all locations. We expect that there will be no more than a 15-20 minute wait, tops, at all locations. We do not and have never instructed patrons to park in town parking lots or on the street. We have posted the signage and Southold Town Board Regular Meeting May 22, 2018 page 5 will post signage again at set up areas to prevent that from happening, clearly indicating those vehicles would be ticketed if they were found to be parking illegally. And we have three privately hired security personnel to supervise the event grounds and oversee parking. And we will have four on-site parking attendants assisting with the organized, safe, effective parking of vehicles on the property and we will have one attendant at each of the off-site locations, ensuring that that same process is followed. In addition, we will have numerous volunteers throughout the area providing assistance and backup as needed. So this experience of this event is unique and a wholesome family outing and the process of cultivating and communicating a clear understanding of where patrons and visitors should park is a training process that takes some time. we are committed to making that process work and I have already engaged in a schedule of awareness communication across multiple platforms, as I said our Instagram, Facebook, website, email blasts as well as Twitter I believe that will continue to educate our visitors on where they need to go and to avoid parking in places they should not be parking in. Therefore, we at Greenport Harbor are asking that you exercise your individual decision making power and support a good cause, through a positive event, held by a responsible business held on a commercially zoned piece of property. Thank you. I don't know if anyone-has any questions? COUNCILMAN DINIZIO: Yes, I have questions. MR. VANDENBURGH: May I share with you a list of our(inaudible). COUNCILMAN DINIZIO: Mostly this is just for the record, can you tell me how many parking spaces you have on that piece of property? MR. VANDENBURGH: On that particular piece of property we have 110 parking spaces. We have been fortunate enough to secure, we purchased two parcels across the street, one parcel which was the former First Class Autobody holds an additional 30-35 cars and then the other parcel next to that where the Virtual 3 D business is located holds about 10. COUNCILMAN DINIZIO: So the 110 parking spots on that parcel would all be full? MR. VANDENBURGH: 110, yeah, what we do is we actually have all our employees park off- site, so 110 is what is on the map but honestly we have parked 130-140 cars on the property over there by the operational facilities, the back yard on Peconic Lane were the garage doors are. Normally we don't allow patrons to park there during regular business hours because we are kind of operating there but we can park another 30-40 cars. COUNCILMAN DINIZIO: Well, what is on the site plan? MR. VANDENBURGH: 110. COUNCILMAN DINIZIO: So that is how many parking spaces you have for that piece of commercial property? MR. VANDENBURGH: On the site plan. Southold Town Board Regular Meeting May 22, 2018 page 6 COUNCILMAN DINIZIO: Right. Okay. Not breaking the site plan, you only have 110. MR. VANDENBURGH: Not breaking the site plan, we only have 110. COUNCILMAN DINIZIO: Okay and they will all be utilized on that day? MR. VANDENBURGH: Absolutely. COUNCILMAN DINIZIO: Okay. MR. VANDENBURGH: And I should note, what happens typically with this event, there will be people that will come and will spend several hours and then they will leave. So we are ultimately cycling in people into those spots as they come and go. COUNCILMAN DINIZIO: So how do you control people from, that aren't parked on your site from getting onto you site? MR. VANDENBURGH: How do we control? COUNCILMAN DINIZIO: The town has a responsibility, okay, and you went through a site plan and you agreed to certain things on that piece of property. MR. VANDENBURGH: Right. COUNCILMAN DINIZIO: Right, you said this is a brewery, someday I will open a restaurant, whatever it is, and okay, they said you got 110 parking spaces. You have so much occupancy for what you are building. So assuming that 110, assuming 2 in cars, 200 people can go on that piece of property. Correct? MR. VANDENBURGH: If it's two people per car, that makes sense. It might be four people per car but... COUNCILMAN DINIZIO: Okay, but just trying to get to the point that the town has a responsibility that's not necessarily that we are looking at how gracious you are or how much money you give to a certain organization or even if the organization is worthy of you know, the donation that those people are going to make or rather to the entire town and how the flow of the town works and health, welfare, safety goes along with that, so you know, we are planning and you have agreed to a site plan that allows you to have 110 cars on that piece of property, on a good day, because you know, let's face it, it's not on a Wednesday and I certainly understand that but there is a maximum capacity for that lot, regardless of whether or not you have parking off-site the lot itself is the piece of that site plan, that we all planned on. You came, you told the public, everybody had their say so I am just trying to figure out how do you, you know, you have a parking lot in Southold, how do you control them to coming on to your piece of property when Southold Town Board Regular Meeting May 22, 2018 page 7 your parking lot and all we planned on is exceeding the maximum capacity we planned on for you know, many years? MR. VANDENBURGH: I will try to respond to that, I understand the concern being the responsibility that you have to the town would be the safety issues, level of quality of life, kind of connected to those safety issues. We also have people that arrive by Hampton Jitney, you know and there are people that get dropped off by taxis or Ubers, there are people that are visiting or coming out you know, there's no secret to anyone in the room that the North Fork is a very attractive place to come and visit or stay, so we are also hoping that that mass transit aspect will help us in terms of that traffic/parking conditions on the property. Last year we had a number of, I am not sure of an exact head count but there was never any issue, we never had a problem. I know the parking was more of a challenge last year, so this is why we have located these additional off-site parking locations and those shuttles will collect up to 16 people at a time, bring them, drop them off and continue on their way. So the hope is that we are alleviating the fact that if we were to say as a business that we are only allowed to have 200 people as a business.... COUNCILMAN DINIZIO: Well, that's what you agreed to. MR. VANDENBURGH: For a site plan with regards to parking. COUNCILMAN DINIZIO: Right. MR. VANDENBURGH: But I didn't agree to say that once you get to the 200th person that walks off the bus, 201 takes the bus out here, walks up to my door, it would be absurd to think that I should be saying I am sorry you can't get off the bus, ride your bike here or walk, we have a number of neighbors and fans and friends that actually walk from their homes down Wells Lane, Indian Neck Lane, they walk there, so I can appreciate the fact that once you get to the point where you have 110 cars on the property, to place more cars technically is over-stepping what our site plan allows for. COUNCILMAN DINIZIO: It's not technically, sir. It's what you agreed to. MR. VANDENBURGH: I am sorry, it over steps what our site plan allows for, by having 111 cars on our property creates it but it doesn't necessarily mean that if I had 110 cars on my property with one person driving each car to mean that to not allow in the 111 th person because I've only got, to me, I don't think the number of cars should actually dictate how many people are actually appearing at our location. I just kind of find that the reverse of what makes sense in terms-of how you would expect to run a business. COUNCILMAN DINIZIO: Well, no, running a business is fine. I am a business man myself, I agree with that but you know, we are trying to run a town. MR. VANDENBURGH: And we are trying to cooperate with your running the town. Southold Town Board Regular Meeting May 22, 2018 page 8 COUNCILMAN DINIZIO: And how we do that, we gather people, we have a public meeting and everybody agrees to a certain conduct as to how they are going to run a business on that piece of property. And that's what's expected on that piece of property. Once you exceed that, then you know, there are problems. Obviously the Chief of Police has a problem with it and I am just wondering, you know, and I know you are searching for a ways to, because I know it is very successful event, fine, a ways to help alleviate that but you can't just say that because people are parked on a state highway on both sides of the road for a mile each way that that's not something we didn't help create, that situation that you didn't help create that our officers have to know stand in the middle of the road and do something about. So that's where... MR. VANDENBURGH: I am not denying that, that's why we are trying to work with the town in terms of creating alternatives and making sure that people are educated so they know that that is not supposed to happen. COUNCILMAN DINIZIO: Right. So that's what I am getting at. How do you intend to do that? MR. VANDENBURGH: With our security personnel, with our hosting, actually when I was made aware that the chief had these concerns I actually reached out to Chief Flatley. We've had a great relationship with Chief Flatley and chatted with him and he explained to me, his concerns was that how are you going to educate people to get to these other spots? He told me that he had emailed that question to the ZBA and never heard back from them. They never reached out to me. So the process by which we are trying to do that is by way of this email campaign, this social media campaign, the people that attend this thing are typically people that heard about it and you know are on Facebook, are friends with us on the website, so they are being made aware. We've already started that campaign, there will be four or five more posts on different days during the week that we will continue to reinforce the fact that you cannot park on the street, you will be ticketed and then on top of that and I discussed this with Chief Flatley, I said, Chief we can absolutely as we have in the past, gone and put up signs that say no parking, you will be ticketed and we get in trouble with the town and we appeal to them on all levels to say please don't park here. Then we will have additional parking attendants as well as the security personnel, then if that happens within as much as a visual space that we have and we control, we are going to go tell them, no you cannot park there. COUNCILMAN DINIZIO: Right, that's what I am getting at, now...I don't think we can ticket someone that parks on the state highway, I don't think that's something that the police chief can do. And that's fine. I personally don't want my police officers walking down alongside that road, okay, if we don't have to. So you know, I am looking at your application and I know you have this whole thing and the reason why I ask you how you intend to control how people get on your property is you know, if say you're up to the 110 and someone walks up to your piece of property and wants to get on, why can't we somehow have them present you with something that says they parked properly? Southold Town Board Regular Meeting May 22, 2018 page 9 MR. VANDENBURGH: I see. So you are saying if you walk down Peconic Lane or they walked up 25, we don't know where they parked. So where did you park? I see. Well, I guess we can inquire of them, f am not sure really how.... COUNCILMAN DINIZIO: Well, how about you know, if say at Southold you issue them, they purchase their entry onto your piece of property there? MR. VANDENBURGH: Well, so now we are conducting it as a free event because right now that's what we plan to do. Next year we plan to entertain making it a more ticket event. COUNCILMAN DINIZIO: They don't even have to be purchased, they just have to be given to them. In other words, if you park in the Southold parking lot, then you have the right to come on to your piece of property on that day for that particular event. If you don't have that piece of paper okay, it means that you didn't go to Southold parking and you didn't take the shuttle, okay, it means that, okay, let's take the Wells Avenue people out of this because quite honestly, how many of them can there possibly be? I am talking about the masses, what we saw there last year, okay. Which I am trying to get my police officers off the road, okay? if it's not necessary and again, my whole line of questioning is that we as a town planned on something at that location and you agreed to it. Now we are taking it to another step, we are taking it beyond what you want to do. A special event. Okay? Well, anybody can have a special event but does it necessarily mean that we have to have cars parked for a mile each way on a state highway that we never planned on for that piece of property. That's what I am trying to get at. So, how do we make it so that you control where people come from'when they park. That is of the utmost importance to me, there may be other issues but honestly, that's the, traffic is the big issue now, so you need to come up with some way to say that, hey, here's, you are not coming on here if you have parked at the Peconic School, you are not getting on here unless you park where we've made the arrangements. We've told the Town Board on this day, okay, you would be going if I didn't have room on my piece of property. MR. VANDENBURGH: So let me just, a couple of those things, the off-site parking lots, you know, those folks would be coming on our shuttles. They wouldn't really be able, they would have to walk more than a mile, approximately a mile to get where we are from their off-site parking. So the locations, you know, what we had found too, at some level, people will walk down the street, they will go to Duck Walk, they will go to Osprey, they will go to one of the other vineyards, you know, Sannino and that's where they are parking and they will walk from that particular parking location. COUNCILMAN DINIZIO: Honestly, look, there has got to be a compromise here. Those people cannot get onto your piece of property. Those people have got to follow the plan that you are issuing to us. if you are saying to me, I got off-street parking. That's how we are going to settle the problem we have got now because of what the Chief said, okay, if you vary from that, if you say Sannino has 10 parking spaces and.... Southold Town Board Regular Meeting May 22, 2018 page 10 MR. VANDENBURGH: I am not telling them to park there, I am simply saying they go to that business, they go to that vineyard, they are there and they taste wine and then they just simply leave their car at the vineyard, on their property. They have patronized that business... COUNCILMAN DINIZIO: That's fine. They can walk to wherever they would like to but they can't get on your piece of property without some way of being on the parking that you provided, that you said for your event, you have made arrangements for. Not Sannino, I could ride my bike from Greenport... MR. VANDENBURGH: I am confused, Mr. Dinizio. Because if they are patronizing the business that is up the street and they decide to leave their car there, walk down and visit our business instead of getting in their car and traveling farther away to an off-site parking to then take a shuttle, because you know, in terms of understanding, I know Osprey and Duck Walk on some level we have-the same working relationships because they do the same thing at our facility... COUNCILMAN DINIZIO: Let me tell you why, because you are no longer,a business if you are doing a special event. It's something different. It's the something that is the next step up on what you have agreed to do on a commercial piece of property. I am all for making the accommodations to figure out how you can do that because, look, I want you guys to be successful. I want, in February I want you to have enough money to get yourself to April, okay? That's fine but again, if you are going to tell me that you have made arrangements for parking and then you don't control okay, for that particular event the people that come on your property, look, then honestly, you are just back to the chaos. So remember,.it's not like you are going to downtown Greenport and then bar hopping, okay, it's, you are saying you want to do something special, it exceeds all of the site plan that you agreed to you know, nine years back. Okay, fine, like I said, we are seasonal, we need to make the money while we can, we need to, I need to get you to commit to controlling the people that are going to be on that piece of property. Some of those people are going to be angry because they can't get on, because they didn't follow the plan that you are proposing to us. and I know no business man wants to do that either but you know, nobody wants to have 10 events going on with five police officers trying to control that. MR. VANDENBURGH: And I'm not saying that we are not wanting, I think we are investing in trying to work with the Town and the Town's concerns,this way but I just, realistically I just, I am concerned that there is a certain exalting some form over substance in terms of, if the idea is to avoid people parking on the street, which I am totally on board with, I understand that, that should be how that happens and not on town property, not on the Peconic school lot and not at Tasker, shouldn't be in those locations. I have discussed this with Chief Flatley as well, saying is it possible to set up a barricade, you know to prevent people from accessing that particular lot? You know, we could entertain, the Chief didn't necessarily want to do that. I said can I put a parking attendant down there to say I am sorry, you can't park here in this particular lot, in order to keep people out of the town lot? I mean, where I get worried about form over substance though is we take all these measures where we want the town and we want the neighbors and our neighbors to be able to enjoy the park and enjoy the functions that may be occurring at Peconic school and we are not necessarily want the town to support a private endeavor, our business, by Southold Town Board Regular Meeting May 22, 2018 page 11 saying please let us park there. So my objective is to make sure we do not have parking and safety issues that are on the streets. Anything we do to alleviate that by offering this additional off-site parking and the shuttles that are running to kind of conduct people in and out, you know, I certainly can appreciate and we can certainly look at, again, controlling that street, Peconic Lane and more of to say if you see someone parking there to say you have got to move, you won't be allowed into the grounds and we can do that but at some level, if people are visiting other businesses and parking legally off the street and then walking to our business, I don't see how it, just I am having a hard time reconciling how we are like, sorry, you can't park here because you are not parked in the right spot, you are parked at that guys business even though'he thinks it's okay. You have got to go park where we are telling you to park. COUNCILMAN DINIZIO: Yes. Bingo. That's the, it's not because I don't want you to have it, it's because you are telling us that that's the arrangement,that you made for your event. MR. VANDENBURGH: We did, we made that arrangement as well. COUNCILMAN DINIZIO: They are coming on your property, they have to follow the arrangements you made for your event. You know, you can't go stand in front of the Peconic School, it's a public place. People get to use that 24/7. Okay? So a private business can't say you can't park here. MR. VANDENBURGH: Not if you are going to the event. That's my point. You are coming in to go to a knitting class or something, come on in. COUNCILMAN DINIZIO: You don't have any right to do that. MR. VANDENBURGH: The Chief told me that, again, my point is, we are trying to continue to find solutions to make it work. COUNCILMAN DINIZIO: That's why I am having this discussion right now. I think you need to tighten up that, you know, you have an event, you have so many people on there, you are exceeding what we planned on, you know, just through the (inaudible) process. Now, let's figure out how to make this event successful and not impose what you want to do on other facilities of the town. Which is you know, our police, our code enforcement officers, that's what I'm aiming for. So like I am saying, you are going to have to control the people coming on that property. I don't know how you are going to do that but it's not giving them permission to come on to your property because they go to the place you want them to park, if it's not that, then come up with some other idea. MR. VANDENBURGH: I think our plan next year is to basically make it a ticketed event. And so, you are not going to be able to, we will continue to explore other off-street parking accommodations. If we find that the ones that we provided for thus far that are going to hold close to another 150-180 cars I think. If that is not working then we will continue to explore. We are not, we are not trying to get away with something, we are trying to build something that is positive on the North Fork. And also, my conversation with Chief Flatley, he told me that he Southold Town Board Regular Meeting May 22, 2018 page 12 doesn't have a problem with vehicles parking on the right side of Peconic Lane, up to the school, up to the old Peconic School, because again, he's like not on both sides, the right side is okay. So again, my point being we want to continue to work to find ways to alleviate and make sure everybody stays safe and that our officers stay safe and we are just asking for the time to do that and this hopefully this year will be another great step forward, next year will be even better with a ticketed event. We plan to do that, it's going to be a little tricky to do that because of all the publicity thus far but next year it's going to be a ticketed event. COUNCILMAN RULAND: Not withstanding any of Councilman Dinizio's remarks, it seems that the learning experience from the previous year involved pretty much parking and where not to park. It involved confrontation between your security staff and the head of the Department of Public Works who is the Superintendent of Parks and it involved the police department with a complaint being filed. MR. VANDENBURGH: Against my... COUNCILMAN RULAND: Against the employee of the town. MR. VANDENBURGH: A complaint was filed against the employee of the town? COUNCILMAN RULAND: Yes. For telling people you can't park at the Community Center and the Recreation Center. He got the who are you attitude from your security people... MR. VANDENBURGH: Uh huh. COUNCILMAN RULAND: So my point is, if we are all going to be in this together and everything you said in your opening remarks I don't dispute, I live here too and I have lived here my whole life and I understand but to Jim's point, we are talking about a special event, something that is above and beyond. None of us who live and work here and have to deal with the things,we deal with want to be contacted at the 11t" hour and be asked the fuel depot is blocked by more cars, the police department can't get fuel, what is it you want to do? And my remark was tow the car,to the Sergeant, tow the car. MR. VANDENBURGH: And that's what we tell people. You will be ticketed and towed. COUNCILMAN RULAND: I don't want to get to that point, okay? It's, I don't believe that the people of the Town of Southold have to exert resources to protect something that you are not allowed to park there. If you have indicated to us that your plan of off-site parking and increased parking personnel and security personnel are going to address this, than I'm inclined to say, okay, let's see how this goes. I might may be quite as zealous about your plan for next year until I see how this year works but we are the ones that field the complaints and quite frankly, some people complain about everything. I understand that, okay. but Jim's point is exactly right when we are talking about the health and safety of all, alright, we don't need our police department have to exercise extra stress on a day when there's a whole lot going on because we can't get to Southold Town Board Regular Meeting May 22, 2018 page 13 the fuel depot because cars are parked where they shouldn't be. And we don't even know whose cars they are. MR. VANDENBURGH: I understand. COUNCILMAN RULAND: And now we are going to have to engage someone to come and tow the car and there's going to be additional confrontation because someone is going to say you didn't say I couldn't leave the car there. So we are trusting your event is telling people you can't park there. MR. VANDENBURGH: We basically are going to, again, work with the Chief and he has, because people have done that in the past, parked over there, you know, as you have indicated. So working with the Chief, we are putting up a barricade that allows officers to get by if they need to but it makes it clear that there's no parking in that area. COUNCILMAN RULAND: Thank you. MR. VANDENBURGH: And we are going to continue to do that and make sure that doesn't happen. COUNCILMAN RULAND: Thank you. COUNCILWOMAN DOHERTY: I just have a couple of questions, a couple of things Jim said, I am not sure if it would cause more chaos or not and how many people are coming, walking from Duck Walk or Osprey, you have to have some kind of thing, maybe before they get on the bus from where they parked, a bracelet, one of those bracelets on so you know. But the other thing, isn't it part of your site plan conditions that no one can park on the state highway and patronize your place? MR. VANDENBURGH: I am thinking maybe, I know there's been discussion about what level of regulatory enforcement as Mr. Dinizio said, you know, applies to that and again, if it's there, I am not saying it's not there but basically we, you know, if anyone noticed what we tried to do last year, every single telephone had signs, both sides, that said no parking, you will be ticketed, so that was our first attempt to try to control that. Now we understand we need to have more engaged enforcement by an attendant or security saying you can't park there. COUNCILWOMAN DOHERTY: Because I do believe the police have the right to ticket people who park there if it becomes a safety issue and also, if it is part of a condition on your site plan, they could ticket you for allowing to occur. If it's a condition on your site plan. Which I am not sure that it is but I know there was talk about it back then. MR. VANDENBURGH: I think it's pretty clear we don't want that to happen. So we are going to do what we can to stop it from happening. Southold Town Board Regular Meeting May 22, 2018 page 14 SUPERVISOR RUSSELL: When did you guys originally set up the date or plan the event for the Guide Dog Foundation? MR. VANDENBURGH: So the, because the company that actually sets up the whole staging and everything, they need to know in like the fall. So we reached out with them and the place holder date and then the process of filling out the application, we went through that process, so it makes me realize and if we can do this, I would file next week a special event permit for the following year. I mean, if we can do it significantly... SUPERVISOR RUSSELL: But when did you actually settle on and confirm that the event was going on, on your property with the Guide Dog Foundation? MR. VANDENBURGH: With the Guide Dog Foundation? SUPERVISOR RUSSELL: When did you, I mean, when was there a date where you said we are moving forward, yes, the dates established and yes, there is an event? MR. VANDENBURGH: When we had the objective that we were going to be doing this, let's say at the end of the year. SUPERVISOR RUSSELL: The end of this past year? MR. VANDENBURGH: Yes, December, January. SUPERVISOR RUSSELL: One of the issues and you mentioned this a few times, you said you didn't have the opportunity, you just found out, you made comments as if you've been put under the gun by the town. MR. VANDENBURGH: No, sir. No, if I may just respond to that. Basically I got the notice of denial of the special event permit where, when I spoke to, you know, I live here, Mr. Supervisor. If I had gotten a call, I know Chief Flatley very well, I know the folks in the Planning Board. If I had gotten a call from the ZBA saying hey, we got an inquiry from the Chief of Police and the Planning Board, I would have picked up the phone and called them right away. I never got the opportunity. That's the only thing I am saying. SUPERVISOR RUSSELL: Let me just say something. The Town never got the opportunity to review this application. Now you applied April 30"', you were notified May 15"' and incidentally because it's a formal application, it needs a formal response. The casual phone call, you know, that might help but that's not really how the ;process is set up, nor should it be. Again, it's an appeal process, so we have a right to see the documentation. But you gave us no time and the implication, the inference is somehow that we didn't give you enough time to respond. Now if you set this up last fall, you had ample opportunity to meet the requirements of the special events application which is 60 days prior, not a couple of weeks prior. So that's on you not on us. i Southold Town Board Regular Meeting May 22, 2018 page 15 MR. VANDENBURGH: I am not saying a ything is on you, Supervisor Russell. I am saying that basically the ZBA, I understood the ZBA would ultimately either approve or deny the application based on, what I understand is they reach out to the different organizations they say this is what they plan to do, here is their plan. I am not saying that you have done, this Board has done anything to hamstring us, I appreciate �he fact that we are here today at this public hearing and you guys have made this happen. What I am saying is, if I had received communication from the ZBA who I was on communication with on a weekly basis, I understand it was a late filing, that was on me I take full responsibility for that, but if the ZBA had reached out to me to say hey, we have got two concerns here, you know, they want to know xyz what's happening, I could have given them much more detail on that part of it and maybe the other lesson learned is, I need to provide a lot more detail in the application first going in, to answer some of those questions. SUPERVISOR RUSSELL: Probably the best thing to do would to comply with the special events law which would require 60 days. thea we can flesh out all of these things with you. MR. VANDENBURGH: No question, timing will be better. SUPERVISOR RUSSELL: Let me just ask though, I know no one has been directed to town property by you. a couple of years ago, you called me and you wanted, you were in a bind, you needed parking, you asked me if we could give you Peconic School or the Rec Center and we said no. And it ends up that the cars are parked there anyway. Maybe not by you but they were parked there anyway. And there was a sandwich board out front that said event if I am not mistaken, I have to get the details from that but from what I remember it was a couple of years ago. Now more recently.... MR. VANDENBURGH: It was our sandwich board? SUPERVISOR RUSSELL: It was a sign that said event parking. I don't know who put it there. Then, that hasn't been the only time, it's happened quite often. It was just a few months ago that it was the person that you hired directing people to park in the town highway yard. Ironically... MR. VANDENBURGH: I would dispute that because I don't know who you are talking about... SUPERVISOR RUSSELL: I can tell you rig t now, the company that you hired which is run by Wayne Sailor, directing people into that highway yard, in and around the fueling station so police officers couldn't access the pump, I couldn't access the pump. I was there, I have photos. There was a tremendous amount of cars there So, you know, the idea that we haven't done it in the past, yeah, you have. And if you were unaware of it, then that's on you too, because he works for you. MR. VANDENBURGH: Okay. Well, I appreciate you letting me know so we can have that conversation and that, he has been instructed that's not to happen, so you know, in fact, I will tell you that my security and parking attendants have said that they've been baited by people, I don't Southold Town Board Regular Meeting May 22, 2018 page 16 know who, to say well, I can park up there, I can park there in the town parking lot, I can park over there and they've said no. I've l,ad parking attendants that I have had specific conversations with say no, you don't p ark there, you park over in the school parking lot or you have got to park legally someplace else. You can't park on the town. SUPERVISOR RUSSELL: Or else your employee is sitting in the middle of the road pointing to the highway yard. The baiting isn't on the ''part of the 100 cars that were parked there, I assure you. One of the, we have got to talk about this larger issue and I think Jim touched on it, on site plan. You know, the intensity of use thatt�II ese events bring to the site, which far eclipsed the intended use of the site was and I don't thiri2C we can use the banner of fund raiser to allow for everything. There is a certain site capacity, when people are exceeding that from time to time it's one thing but quite honestly, the list of who you donate to, we don't really, it's not appropriate for the town to judge the event based on the merit of it, we have to judge the event based on the impact of it. As good as the event might be and when do we get to the point when special events is really just being used as ari end run around zoning or around site plan? Or around any of those things? You are having�a lot of events, it's presenting some real challenges. So what we need to do down the road is we need to say look, special events are fine but you know, I realize it's a fund raiser for the Guide Dog Foundation but it's also a fund raiser for Greenport Harbor Brewery. So I am starting to get leery of all the events that are taking place because the few that were taking part originally, there weren't that many and we seemed to be able to accommodate them as best we could but it's getting to the point where there was a purpose to that site plan, there was a purpose to those public hearings, there was a purpose to the approval and we need to get back to that purpose. MR. VANDENBURGH: Sure. SUPERVISOR RUSSELL: Also, the assurances and I know you can't assure, you can't be sure but the assurances of people actually using shuttle parking, we've tried this in other areas and it really hasn't worked well in the past. The only place it has worked well at this point was the Strawberry Festival for a few reasons. First of all, they stuck with it. They did it year after year until people developed a habit. Secondly, for people who usually want to drive right to where they are going and not transfer off a trolley or a bus, they knew going to the Strawberry Festival and parking on site would be so problematic that it was simply easier for them and that's why they started relying on the shuttle. I don't think you should have any illusions. This isn't going to solve the problem. You need to be really aggressive and assertive on insisting on use of the site or the off-site. MR. VANDENBURGH: Yes and we plan to be and you know, to your point, Chief Flatley did say about the Strawberry Festival, it took them about three years for people to really begin to understand they needed to park off-site and take the shuttle. And Chief Flatley is at least is you know, pointing to the fact that provided we stay committed to this process to alleviate the congestion, it will work and we will stay committed to that process. A comment I want to make, you know, we have this special event and I am not really sure, well, we had the chili festival in January, the middle of January, that was a lot more attended than we anticipated.... Southold Town Board Regular Meeting May 22, 2018 page 17 COUNCILMAN DINIZIO: You didn't applly for a special event permit for that... MR. VANDENBURGH: I am sorry? COUNCILMAN DINIZIO: You didn't apply... MR. VANDENBURGH: No, we didn't expect, we expected like a couple of hundred people to show up in January. COUNCILMAN DINIZIO: There were cars up and down Route 25. MR. VANDENBURGH: Yes. So that was, again, you know, I guess, we didn't anticipate the number of people showing up that did for that. so in hindsight, that should be a special event permit. Didn't think in the middle of January that something would happen that way. COUNCILMAN DINIZIO: Can I just point out to you again? You came before the town, you said I am going to be a brewery, I am making beer, I am going to have a little tasting room and all of a sudden, you have a chili event. So where does that come in in the site plan? Where did you testify that that would be something... MR. VANDENBURGH: I mean, I wish I was as smart as you maybe give me credit for,to think that would be something that I would think of early on. COUNCILMAN DINIZIO: What gives you the idea that you could even do that? That you were allowed to do that? MR. VANDENBURGH: Well, what we were doing was trying to support our, you know, those places that sell our beer and we figured in the middle of January, it was a quiet time of year, business is not great for them so we figured this would be kind of a fun way to you know, reward our customers by participating in a fun thing that we would hand a medal out to. Honestly, it was nothing more than trying to be community based and supportive. I mean, yes, it turned out to be a grand event, turned out to be way more than we thought it would be, so that, we understand what we have to be prepared for if we do that again. COUNCILMAN DINIZIO: But do you understand, sir, do you understand that from the town's perspective, okay, I was on the zoning board for 25 years, so I know how the town, what it expects of the businesses, how to plan the town out, okay? And again, when you come before, and it's not just you, it's the special event part of this whole thing that kind of throws things out of whack, introduces things that were not expected. When you got approval to do business in the town. That's the point. And I want you to have those, it's fine with me but people have to recognize that when they go off script, okay, when they are doing chili and your beer, that is not anticipated. Even if it's a fundraiser. Even if it's, you know, for your vendors, okay? It's just not anticipated because you came before the town, you said I want to do this, this is my plan, oh yeah, that seems to fit in there, it's zoned commercially, commercially zoned property, all those Southold Town Board Regular Meeting May 22, 2018 page 18 things, put in 110 parking spaces, curbs and all of that stuff and then, you know, exceed that. That just throws everything out of whack. COUNCILWOMAN DOHERTY: Jim, can I ask you a question, with all due respect. So he has, he's commercial business and he has permit for food, so what's the difference if a restaurant did the same thing he did? Again, he said they weren't, he wasn't expecting to exceed his limit of people in there on the site plan.... COUNCILMAN DINIZIO: He did. COUNCILWOMAN DOHERTY: He did but what if a restaurant does that and exceeds it? Should they get special.... COUNCILMAN DINIZIO: All I can address is what I know. COUNCILWOMAN DOHERTY: I know but I am just saying the confusion... SUPERVISOR RUSSELL: We have an applicant here, we should focus on the applicant. If I could, I would just like to get back to the questions I was asking. You know, one of the things he talks about is, again, what I mentioned was that I don't know the special events are so compelling that we can overlook everything and I am concerned that what they really are is under a sanctimonious banner, we're saying we'll just ignore everything because I am raising all this money. It also has a lot to do with business promotion and business sales, I think we need to say look, special event-fundraiser or not, there's only so much you can handle at that site particularly on such a regular basis. Also one thing that again really bothers me is you say that you didn't hold us accountable for anything about the timeframe, you said you weren't notified, you said you didn't hear from the ZBA... MR. VANDENBURGH: No, Mr. Russell, that's not what I said. I said basically that when we submitted our permit and I already pointed out that we submitted it late, and when they ultimately and I was working with them on a weekly basis, kind of supplying them information as they would contact me and ask me for it, I was then never contacted by the ZBA and when you say, we, unless, you mean just generically referring to the town then okay but the ZBA who I understood handles the processing and ultimate first step approval or denial of the process, would communicate with me if there are questions that were raised by the consulting agencies within the town so that I could supply that information but I was never given that opportunity, that is my only point. SUPERVISOR RUSSELL: First of all... MR. VANDENBURGH: I am not attacking you or the town board. SUPERVISOR RUSSELL: You didn't give us enough time but let me point out something, you said you weren't contacted by the ZBA you didn't hear anything, in fact, they contacted you... Southold Town Board Regular Meeting May 22, 2018 page 19 MR. VANDENBURGH: I just said that. SUPERVISOR RUSSELL: You said you weren't given the opportunity. In fact, they contacted you within only a few days of the application to get information from you that was incomplete and your, this is your email, `Hi Elizabeth-who works in the ZBA-I am sorry it took so long for me to get back to you, I was in Nashville all last week. The two parcel tax numbers are as follows.' They got that May 8`". So the idea of them reaching out to you informally, they did. it took you a long time to get the information. MR. VANDENBURGH: That was on the tax map parcel, sir. SUPERVISOR RUSSELL: Yes (inaudible). MR. VANDENBURGH: I am not looking to challenge, you know, I get the sense that your energy is aggressive. I am not looking to challenge you. SUPERVISOR RUSSELL: No, it's not. My, what I am trying to point out that the process is a good process but we need applicants to participate in it more. I think we have done all the reaching out, we rushed this, we tried to get this on for a public hearing in a very short (inaudible). We need the opportunity to be able to review it just as well as you do. Just so you know. From both perspectives, fairer to us, fairer to you. MR. VANDENBURGH: I am not denying that. I am just simply indicating, if I had been asked those questions, I could have probably provided more information to help everybody. That's all. That's all I am saying, I am not saying I am attacking the town, the ZBA, the town board... SUPERVISOR RUSSELL: I am not saying you are attacking but I am saying the implication is the time frame. MR. VANDENBURGH: I am sorry it bothers you and I apologize for that. SUPERVISOR RUSSELL: It is not a question of bothering, it's a question of what you said. We did ask for the information, we need to have a complete application to be able to render decisions... MR. VANDENBURGH: I appreciate that. SUPERVISOR RUSSELL: And just so you know where I am coming from, I am supporting the appeal, I am supporting issuing the permit but I think there needs to be a little more self- awareness and a little bit more concern on the town's part about the intensity of uses that are growing and growing and growing there. MR. VANDENBURGH: I can appreciate... Southold Town Board Regular Meeting May 22, 2018 page 20 SUPERVISOR RUSSELL: (Inaudible). It's getting to the point where we just can't overlook it simply because it is raising some money for local.... MR. VANDENBURGH: I appreciate that and I think you know, if it is possible and I don't know if it's possible, but it makes sense to me to look at our calendar for the year and say here are our events that we would like to hold and present that in some fashion to get some guidance as to, you know, we are not doing these things every month, we are doing them two maybe three times at most during the year but if there's a way for us to do that, we simply want to be good neighbors and we want to stay involved with our community. We want to work with the town and we would hope that the town would work with us. SUPERVISOR RUSSELL: One of the best ways of probably saying, you know, how do we reduce these impacts is to simply have less. Because there is a business being run there. a special event on top of that creates a situation where that the intensity was never anticipated and certainly not part of the site plan process. COUNCILWOMAN DOHERTY: I think that in general what I have seen with the special events and people are applying, they are misreading the code and thinking they have to wait six months before the event. They can apply for that event within the year. So if you know in January that you are going to do this in June, apply in January. MR. VANDENBURGH: We are going to look to doing that going forward as to, July I" we'll look to see if we can't scope out the whole year and then submit that, see what we get. And hopefully this event goes well, if ultimately that is the decision. SUPERVISOR RUSSELL: Do you guys have any more questions? COUNCILMAN GHOSIO: Well, I just wanted to present, there were a couple of comments in the file that I maybe should have read in the beginning, an email from Chief Flatley that he spoke with Mr. Vandenburgh in regards to the dog diving competition planned for June 2. I have gone over the off-site parking plan and would be in favor of this being passed, to let them implement that parking solution. He would just suggest that the Rec Center and Community Center on Peconic Lane be barricaded off, if the town wants to ensure that no one parks there. and there was one from Heather Lanza, just making a recommendation that perhaps handouts with maps showing the additional parking and explaining the shuttle service, that your parking service people could hand out. The concern there is stacking, stacking of the traffic. MR. VANDENBURGH: We plan to peel people off the road in order to guide them back out into the, there are loops that we can have on both entrances, so we can have that. I was also aware of that but thank you. That is a good suggestion. SUPERVISOR RUSSELL: I am going to offer anyone else to offer the opportunity to comment on this particular hearing? (No response) Southold Town Board Regular Meeting May 22, 2018 page 21 Motion To: Motion to Close Public Hearing RESOLVED that the Town Board of the Town of Southold hereby declares this public hearin6 to be closed at 9:52 am. RESULT: ADOPTED [4 TO 01 MOVER: William P. Ruland, Councilman SECONDER:Jill Doherty, Councilwoman AYES: James Dinizio Jr, William P. Ruland, Robert Ghosio, Scott A. Russell ABSENT: Louisa P. Evans RECUSED: Jill Doherty Comments regarding Public Hearing-Greenport Brewery COUNCILMAN DINIZIO: It is evident to me that both sides need to do more work on special exceptions. The Town needs to be more diligent and so do the owners. So I will vote for this but honestly it's really only because it is such a short time, it appears that you are considering trying to making it better but I heard no solution really today that is going to not make this the same thing it was last year. So we need to come to a real hard decision on how commercial properties use, or when they exceed their site plan. So I will vote yes. V. Resolutions 2018-464 CATEGORY. Audit DEPARTIVENT.• Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated May 22, 2018. ✓Vote Record-Resolution RES-2018-464 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled _ ___ �__ _ ❑ Withdrawn James Dmizio Jr Mover 0 ❑ d ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder D ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter ❑ ❑ ❑ 0 ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-465 Southold Town Board Regular Meeting May 22, 2018 page 22 CATEGORY Y. Set Meeting DEPARTMENT. Town Clerk Next Town Board Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, June 5, 2018 at Southold Town Hall, 53095 Main Road, Southold,New York at 7:30 P. M.. ✓Vote Record-Resolution RES-2018-465 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Mover El ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter Q ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter Z ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter ❑ ❑ ❑ 171 ❑ Supt Hgwys Appt Scott A Russell Voter El ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-466 CATEGORY. Legal DEPARTMENT. Town Clerk Robert Evans Clain RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the payment of the sum of$3,053.27 to Robert Evans for property damage stemming from an incident on February 15, 2018, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2018-466 0 Adopted ❑ Adopted as Amended ❑ Defeated - El Tabled Yes/Aye No/Nav Abstain Absent . _ ❑ Withdrawn James Dmizio Jr Seconder 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Mover Pl ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 21 El ❑ ❑ Town Clerk's Appt Louisa P Evans Voter ❑ ❑ ❑ ❑ Supt HgNvys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action 0 Lost Southold Town Board Regular Meeting May 22, 2018 page 23 2018-467 CATEGORY: Attend Seminar DEPAREVENT: Historian Amy Folk to Attend Seminar Resolved that the Town Board of the Town of Southold Hereby Grant Permission to Amy Folk to Attend a Seminar Entitled Assoc. of Public Historians of NYS 2018 Annual State Conference in Rochester,NY, from September 30-October 3, 2018. All Expenses for Registration, Travel, Lodging, and Meals to be a Legal Charge to the 2018 Budget (Meetings and Seminars). ✓Vote Record-Resolution RES-2018-467 21 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent El Tabled El Withdrawn James _ ,� Tames Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder Rl ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter ❑ ❑ ❑ 0 ❑ Supt Hgwys Appt Scott A Russell Voter 21 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-468 Tabled 5/8/2018 7:30 PM C.ATEGORY.• Budget Modification DEPARTUE_NT.• Accounting 2018 Budget Modification-Capital Financial Impact:Increase budget for Whistler Ave drainage RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 General Fund Whole Town and Capital budgets as follows: From: A.1990.4.100.100 Unallocated Contingencies $18,000 Total $18,000 To: Southold Town Board Regular Meeting May 22, 2018 page 24 A.9901.9.000.100 Interfund Transfer, Transfer to Capital $18,000 Total $18,000 Increase• H.5031.93 Interfund Transfer, Drainage $18,000 Total $18,000 Increase• A.8540.2.100.300 Stormwater Mitigation, Whistler Ave $18,000 Total $18,000 ✓Vote Record-Resolution RES-2018-468 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled James Dmizio Jr Seconder 0 ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt William P Roland Voter Pl ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter Q ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover 0 ❑ El El ❑ Town Clerk's Appt Louisa P Evans Voter ❑ ❑ ❑ ✓❑ ❑ Supt Hgwys Appt Scott A Russell Voter ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-469 CATEGORY: Budget Modification DEPARTMENT: Fishers Island Ferry District 2018 Budget Modification-FIFD Financial Impact: Transfer of Appropriations RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District Board of Commissioners dated April 30, 2018, which amended the 2018 Fishers Island Ferry District budget in the amount of$24,000.00. ✓Vote Record-Resolution RES-2018-469 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended James Dmizio Jr Mover Q ❑ ❑ ❑ ❑ Defeated William P Roland Voter lZ ❑ ❑ ❑ ❑ Tabled ❑ Withdrawn Lill Doherty Seconder R1 ❑ ❑ ❑ El Supervisor's Appt Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Voter ❑ ❑ ❑ 0 ❑ Rescinded Scott A Russell Voter 10 ❑ ❑ ❑ ❑ Town Clerk's Appt Southold Town Board Regular Meeting May 22, 2018 page 25 ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2018-470 CATEGORY.- Refund DEPARTMENT: Solid Waste Management District Single Entry Fee Refund RESOLVED by the Town Board of the Town of Southold that a refund in the amount of$5.00 shall be remitted to Douglas Massey of Mattituck for a single entry fee inadvertently charged at the Cutchogue Transfer Station on May 2, 2018. ✓Vote Record-Resolution RES-2018-470 J Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay _ Abstain Absent ❑ Tabled ElWithdrawn .lames Dmizio Jr Voter RI ❑ ❑ ❑ ❑ Supervisor's Appt William P Roland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover El ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter ❑ ❑ ❑ 21 ❑ Supt Hgwys Appt Scott A Russell Voter R ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-471 CATEGORY.- Fireworks Permit DEPART ENT. Town Clerk Greenport Fire Department Fireworks Permit RESOLVED that the Town Board of the Town of Southold hereby approves the issuance of a fireworks permit by the Town Clerk to Star Hose Company of the Greenport Fire Department for a fireworks display at 10:00 PM on Saturday May 26, 2018 (Rain Date of: Sunday May 27,2018) at Greenport High School's Athletic Field located on the north side of Front Street and the east side of Moores Lane, Greenport,New York upon the payment of a single fee of$100 and subject to the applicant's compliance with the requirements of the Town's policy regarding the issuance of fireworks permits and subject to the approval of the Town Attorney. Southold Town Board Regular Meeting May 22, 2018 page 26 ✓Vote Record-Resolution RES-2018-471 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ----------- ------- ---------- ------- - - ❑ Withdrawn -- James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt .till Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder, 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 1 ❑ ❑ ❑ 0 ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-472 CATEGORY: Refund DEPARTIVIENT. Solid Waste Management District Compost Charge Refund RESOLVED by the Town Board of the Town of Southold that a$75.00 charge for compost purchased on April 18, 2018 from the Cutchogue Compost Facility shall be refunded to Jane Williams of Greenport as she changed her mind about the purchase. ✓Vote Record-Resolution RES-2018-472 0 Adopted ❑ Adopted as Amended ❑ Defeated — -- — — Yes/Aye No/Nay Abstain Absent ❑ Tabled _ ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder 0 ❑ ❑ ❑ El Tax Receiver's Appt Jill Doherty Voter 0 El 11 El ❑ Rescinded Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter ❑ ❑ ❑ 0 ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-473 CAI EGORY. Budget Modification DEPARTMENT: Solid Waste Management District 2018 Bridget Modification-SWMD Southold Town Board Regular Meeting May 22, 2018 page 27 Financial Impact: To provide fiords for emergency weekend repairs to vehicle scale at transfer station. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 Solid Waste Management District budget as follows: From: SR 8160.4.400.836 Single Stream Trucking $2,300 Total $2,300 To: SR 8160.4.400.600 Scale Maintenance $2,300 Total $2,300 ✓Vote Record-Resolution RES-2018-473 0 Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye 1 No/Nay Abstain Absent ❑ Withdrawn James DInizio Jr Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter CSI ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 10 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter ❑ ❑ ❑ El ❑ Supt bgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-474 CATEGORY: Authorize Payment DEPARTMENT. Highway Department Purchase of Truck for Highway Department RESOLVED that the Town Board of the Town of Southold hereby authorizes and approves the purchase of one Chevrolet 2500 4x4 Truck Cargo for snow removal. The vehicle is being purchased from the State of New York Department Office of General Services for a total of $707.05. This is to be a legal charge to the 2018 budget line of DB.5130.2.300.100 (Light Duty Vehicles). ✓Vote Record-Resolution RES-2018-474 Rl Adopted _ ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated .lames Dmizio Jr Voter Z ❑ ❑ ❑ ❑ Tabled William P Ruland Seconder D ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Mover RI 0 0 0 Southold Town Board Regular Meeting May 22, 2018 page 28 ❑ Supervisor's Appt Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Voter ❑ ❑ ❑ 0 ❑ Rescinded Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2018-475 CATEGORY. Employment-FIFD DEPARTMENTAccounting Seasonal FT Deckhands and Laborer RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted May 14, 2018 that reads as follows WHEREAS the Ferry District requires additional summer seasonal Deckhands (FIFD) and Laborers during the peak season between May 15, 2018, and September 16, 2018; Therefore it is RESOLVED to appoint, with effect May 23, 2018, Kyle Bentley and Jonathan Allen as summer seasonal Deckhand (FIFD) at a rate of$12.50 per hour. On September 15, 2018, Messers. Bentley and Allen will terminate their summer seasonal positions. On September 16, 2018 Messers. Bentley and Allen will appointed to part-time Deckhands (FIFD). It is further RESOLVED to appoint, with effect May 23, 2018, Shemaiah Samsonas a summer seasonal Laborer at a rate of$12.50 per hour and on September 15, 2018, Ms. Samson will terminate her summer seasonal position. ✓Vote Record-Resolution RES-2018-475 0 Adopted ❑ Adopted as Amended ❑ Defeated - Yes/Aye No/Nay Abstain Absent ❑ Tabled _ ❑ Withdrawn lames Dmizio Jr Voter 0 ❑ ❑ El ❑ Supervisor's Appt William P.Ruland Mover 0 El ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder 21 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter ❑ ❑ ❑ 0 ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action 0 Lost Southold Town Board Regular Meeting May 22, 2018 page 29 2018-476 CATEGORY.• Legal DEPARTi'l'IE.,VT: Town Attorney Anastasiadis Claim RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the payment of the sum of$1,050.00 to George Anastasiadis for property damage stemming from an incident on February 9, 2017, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2018-476 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn lames Dmizio Jr Voter 21 ❑ ❑ El ❑ Supervisor's Appt William P Ruland Seconder lZ ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter lZ ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover 21 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter ❑ ❑ ❑ CEJ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-477 CATEGORY.• Employment-Town DEPARTME-1V P Accounting Hire Pump Out Boat Operator RESOLVED that the Town Board of the Town of Southold hereby appoints David Comando to the seasonal position of Pumpout Boat Operator for the Trustees, effective June 15, 2018 through October 31, 20'18, at a rate of$20.00 per hour. ✓Vote Record-Resolution RES-2018-477 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled James Dmizio Jr Mover Q ❑ ❑ ❑ ❑ Withdrawn William P Ruland Voter 2 ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty Seconder lZ ❑ ❑ ❑ ❑ Tax Receiver's Appt Robert Ghosio Voter El ❑ ❑ ❑ ❑ Rescinded Louisa P Evans Voter ❑ ❑ ❑ 0 ❑ Town Clerk's Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action 0 Lost Southold Town Board Regular Meeting May 22, 2018 page 30 2018-478 CATEGORY: Contracts,Lease&Agreements DEPARTYWEIVE Town Attorney Memorandum ofAgreenzent Between Town of Southold and PBA RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the 2018-2020 Memorandum of Agreement between the Town of Southold and the Southold Town Police Benevolent Association and hereby authorizes Supervisor Scott A. Russell to execute same on behalf of the Town of Southold. ✓Vote Record-Resolution RES-2018-478 0 Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent ___ _ _ _ - _ ❑ Withdrawn James Dmizio Jr Voter b ❑ 130 ❑ Supervisor's Appt William P Ruland Seconder l ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover ! 0 ❑ ❑ El ❑ Rescinded Robert Ghosio Voter Z ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter ❑ ❑ ❑ 0 ❑ Supt Hgwys Appt Scott A Russell Voter Rl ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-479 CATEGORY: Fireworks Permit DE PA R TME INIT- Town Clerk Mattituck Lions Strawber7y Festival Fireworks Permit RESOLVED that the Town Board of the Town of Southold hereby approves the issuance of a Fireworks Permit by the Town Clerk to the Mattituck Lions Club, for fireworks displays on Thursday June 14, 2018 at 9:15 PM; Friday June 15, 2018 at 10:00PM ; and Saturday, June 16, 2018 at 10::15 PM on property located at 9095 Sound Avenue Mattituck (Strawberry Fields) upon the payment of a single fee of$100.00, and subject to the applicant's compliance with the requirements of the Town's policy regarding the issuance of fireworks permits and subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2018-479 2 Adopted - - - ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent Southold Town Board Regular Meeting May 22, 2018 page 31 ❑ Defeated James Dimzio Jr Voter Q ❑ ❑ ❑ ❑ Tabled William P.Ruland Mover Rl ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Voter D ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Seconder 1 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Voter ❑ ❑ ❑ El ❑ Rescinded Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2018-480 CATEG ORY.• Close/Use Town Roads DEPART LENT. Town Clerk Permit Worship Services at Beach RESOLVED the Town Board of the Town of Southold hereby grants permission to the North Fork Reform Synagogue to hold picnics followed by worship services at Kenney's Beach, Southold on the following Fridays: June 15, July 13 & 27, August 10 & 24, 2018 from 6:00 PM to approximately 8:15 PM;parking permit requirements shall be waived for participants who do not have Southold Town Beach Parking Permits; placards to be placed on the vehicle's dashboard should be provided by the synagogue to those participants who do not have parking permits. All fees are waived with the exception of the clean-up deposit, which will be returned to the applicant provided the area is deemed clean following inspections by a town representative. ✓Vote Record-Resolution RES-2018-480 0 Adopted ❑ Adopted as Amended ❑ Defeated - - - - --- -- - - Yes/Aye No/Nay Abstain Absent ❑ Tabled _ ❑ Withdrawn James Dmizio Jr Voter ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder, 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 17 ❑ ❑ El ❑ Rescinded Robert Ghosio Mover Rl ❑ ❑ ❑ ❑ Toy+m Clerk's Appt Louisa P Evans Voter ❑ ❑ El10 ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-481 Southold Town Board Regular Meeting May 22, 2018 page 32 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk New Suffolk Waterfront Chowderfest Financiallmpact: $27.13 RESOLVED the Town Board of the Town of Southold hereby grants permission to the New Suffolk Waterfront Fund for a total closure of Main Street,New Suffolk at the eastern most end, on Saturday;May 26, 2018 from 9:00 AM to 5:00 PM to hold the New Suffolk Waterfront Chowderfest,provided they follow all the conditions in the Town's Policy for Special Events on Town Properties. Failure to comply with the conditions will result in the forfeiture of the $250.00 cleanup deposit. ✓Vote Record-Resolution RES-2018-481 0 Adopted ❑ Adopted as Amended ❑ Defeated - Yes/Aye No/Nay Abstain Absent ❑ Tabled El Withdrawn James Dmizio Jr Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P.Roland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosjo Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter ❑ ❑ ❑ 0 ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-482 CATEG ORF. Close/Use Town Roads DEPARTMENT: Town Clerk Road Closures for North Fork Country Club Annual Golf Tournament Financial Impact:nPolice cost for event-$895.28 RESOLVED the Town Board of the Town of Southold hereby grants permission to the North Fork Country Club for their Annual Golf Tournament in Cutchogue for a limited closure of Moore's Lane, from the Main Road to the southerly line of the "Country Club Estates" subdivision, total closure from that southerly point south to the northern line of the William Tyree land parcel, and limited closure from that point south to the intersection of Moores Lane and New Suffolk Avenue (closures would permit access to residents of Moores Lane and "Country Club Estates"), on Friday, July 20, 2018 from 8:00 AM to 5:30 PM and Saturday, July 21, 2018 from 8:00 AM to 2:00 PM provided they adhere to the Town of Southold Policy for Special Events on Town Properties and Roads. They must notify Capt. Kruszeski immediately upon the approval of this resolution to coordinate traffic control. Southold Town Board Regular Meeting May 22, 2018 page 33 ✓Vote Record-Resolution RES-2018-482 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled - James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter ❑ ❑ ❑ 0 11Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-483 CATEGORY.- Close/Use Town Roads DEP,4RTtWENT:' Town Clerk Cutchogue-New Suffolk Historical Council Antiques Show and Sale Financial Impact:Police Department Cost for Event =$244.17 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Cutchogue-New Suffolk Historical Council to close a portion of Cases Lane to Main Road, Cutchogue, from 9:00 AM to 4:30 PM for its Annual Antiques Show and Sale, on Saturday, July 7, 2018, provided they adhere to the Town of Southold Policy for Special Events on Town Properties and Roads. All Town fees for this event, with the exception of the Clean-up Deposit, are waived. ✓Vote Record-Resolution RES-2018-483 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled James Dmizio Jr Voter D ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt William P Roland Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder 0 ❑ El El ❑ Town Clerk's Appt Louisa P Evans Voter ❑ ❑ ❑ 0 ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost Southold Town Board Regular Meeting May 22, 2018 page 34 2018-484 CATEGORY.• Legal DEPART/'1'IE.W. Town Clerk Greenport Brewery RESOLVED that the Town Board of the Town of Southold hereby ratifies the publishing of the Notice of Public Hearing for the Appeal by Greenport Brewery of the denial of its application for a Special Event Permit. ✓Vote Record-Resolution RES-2018-484 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Roland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter ❑ ❑ ❑ 0 ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-485 CATEGORY. Employment-Town DEPARTMENT. Accounting Establish Annual Wage for Seasonal Police Officers WHEREAS the New York State Retirement System Tier 6 legislation requires employers to determine an Annual Wage for individuals who work Part-Time, Seasonal or on an Hourly, Daily or Unit of Work Basis, and WHEREAS the Town Board has determined that it should formally establish an Annual Wage for Seasonal Police and Fire Retirement System Tier 6 members, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby establishes a 2018 Annual Wage of$13,856.00 for Seasonal Police Officers. ✓Vote Record-Resolution RES-2018-485 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended James Dmizio.Ir Mover 0 ❑ ❑ ❑ ❑ Defeated William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tabled Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Robert Ghosio Voter 21 0 0 0 Southold Town Board Regular Meeting May 22, 2018 page 35 ❑ Supervisor's Appt Louisa P Evans Voter ❑ ❑ ❑ 0 ❑ Tax Receiver's Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2018-486 CATEGORY: Authorize to Bid DEPARTMENT: Information Technology Advertise for Audio Video System RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk's office to advertise for an Audio/Video system for the Town Hall meeting room and lobby. ✓Vote Record-Resolution RES-2018-486 0 Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent _. ❑ Withdrawn James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P.Ruland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover 0 11 11 ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter ❑ ❑ ❑ 0 ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-487 CATEGORY.• Attend Seminar DEPART1.1ENT.• Police Dept ' Police Department-Training Request RESOLVED that the Town Board of the Town of Southold hereby grants permission to Detective Sergeant John Sinning, PO Alex Chenche, PO Robert Haase, and PO Roman Wilinski to attend the 24th Annual Violent Gang Information Sharing Conference in Southold Town Board Regular Meeting May 22, 2018 page 36 Jamaica, NY on June 7-8, 2018. All expenses for registration, travel to be a legal charge to the 2018 budget lines A.3120.4.600.225, A.3120.4.600.300 &A.3120.4.600.200 ✓Vote Record-Resolution RES-2018-487 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay i Abstain Absent ❑ Tabled r ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Mover 0 i ❑ ❑ i ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 2 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder; 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter ❑ ❑ ❑ 0 ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-488 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 v Lena M DeSantis 1/18/18 $1,500.00 560 Deer Drive Mattituck,NY 11952 Bicycle Shows US 3/28/18 $1,500.00 230 Smith Hughes Road Narrowburg,NY 12764 ✓Vote Record-Resolution RES-2018-488 0 Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated .lames Dmizio Jr Voter 0 0 0 0 Southold Town Board Regular Meeting May 22, 2018 page 37 ❑ Tabled William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Voter z ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Voter ❑ ❑ ❑ Q ❑ Rescinded Scott A Russell Voter z ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2018-489 CATEGORY. Fireworks Permit DEPARTMENT. Town Clerk Orient Harbor July 4Th Festivities. Inc. RESOLVED that the Town Board of the Town of Southold hereby approves the issuance of a _Fireworks Permit by the Town Clerk to the Orient Harbor Festivities, Inc. for a fireworks display on Saturday, June 30, 2018 at 9:15 PM (Rain Date: Sunday, July 1, 2018 at 9:15PM) on Barge off Orient Yacht Club, 2110 Village Lane, Orient,New York upon payment of a single fee of$100.00 and subject to the applicant's compliance with the requirements of the Town's policy regarding the issuance of fireworks permits and subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2018-489 lZ Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent __ 11 Withdrawn James Dm _ El Ir Mover ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder l ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter p ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter ❑ ❑ ❑ Q ❑ Supt Hgwys Appt Scott A Russell Voter z ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-490 CATEGOR Y.• Contracts,Lease &Agreements DEPARTMENT.• Town Attorney IIIC Nutrition Program Agreement W/SC-HRC Southold Town Board Regular Meeting May 22, 2018 page 38 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Consultant/Personal Services Contract between the Suffolk County Office for the Aging and the Town of Southold for the IIIC Nutrition Programs, for the period January 1, 2018 through December 31, 2018, with four (4) one (1) year options to renew at the County's discretion, for congregate dining and home delivered meals for the elderly, at no cost to the Town, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2018-490 Rl Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled El Withdrawn lames Dimzio Jr Voter 0 El ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover Q ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder 9 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter ❑ ❑ ❑ 0 ❑ Supt Hgwys Appt Scott A Russell Voter d ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-491 CATEGORY: Budget Modification DEPARTMENT.• Police Dept 2018 Budget Modification-Police Department Financial Impact:Donation-Tennant RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 General Fund Whole Town Budget as follows: Increase Revenues: A.2705.40 Gifts & Donations $250 Total $250 Increase Appropriations: A.3120.2.200.300 Police/Equipment/Filing/Storage Equip $250 Total $250 ✓Vote Record-Resolution RES-2018-491 10 Adopted - ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated James Dmizio Ir Voter D ❑ ❑ ❑ ❑ Tabled William P Ruland Mover 0 ❑ ❑ ❑ 0 Withdrawn Jill Doherty Seconder' Z 0 0 0 Southold Town Board Regular Meeting May 22, 2018 page 39 ❑ Supervisor's Appt Robert Ghosio Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P.Evans Voter ❑ ❑ ❑ El ❑ Rescinded Scott A Russell Voter Rl ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2018-492 CATEGORY.• Committee Resignation DEPARLVENT. Town Clerk BOAR-Sledjeski RESOLVED that the Town Board of the Town of Southold hereby removes Thomas Sledjkeski from the Board of Assessment Review effective immediately. ✓Vote Record-Resolution RES-2018-492 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled __ ❑ Withdrawn James Dmizio Jr Mover 2 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder 121 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter , 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 2 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter ❑ ❑ ❑ El ❑ Supt Hgwys Appt Scott A Russell Voter 2 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-493 CATEGORY. Employment -Town DEPARME,NT.• Accounting Appoint Joseph Hinton Seasonal Bay Constable RESOLVED that the Town Board of the Town of Southold hereby appoints Joseph Hinton to the position of seasonal Bay Constable for the Police Department, effective May 26, 2018 through September 16, 2018 at a rate of$22.13 per hour. ✓Vote Record-Resolution RES-2018-493 2 Adopted Yes/Aye No/Nay Abstain Absent Southold Town Board Regular Meeting May 22, 2018 page 40 ❑ Adopted as Amended James Dmizio Jr Mover 0 ❑ ❑ ❑ ❑ Defeated William P Roland Seconder 0 ❑ ❑ ❑ ❑ Tabled Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Withdrawn Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P Evans Voter ❑ ❑ ❑ 0 ❑ Tax Receiver's Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2018-494 CATEGORY.• Employment-Town DEPARTMENT.• Accounting Hire Student Intern I-Assessors Office RESOLVED that the Town Board of the Town of Southold hereby appoints Thomas Crean to the position of Student Intern I in the Assessors Office at a rate of$13.00 per hour, said appointment starting on June 25, 2018 and ending August 31, 2018,pending background search completion. ✓Vote Record-Resolution RES-2018-494 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 0 11 El ❑ Supervisor's Appt William P Ruland Seconder Lal ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter ❑ ❑ ❑ 0 ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-495 C.4TEGOR h- Employment-Town DEPARTMENT. Accounting Hire Student Intern I-Assessors Office Southold Town Board Regular Meeting May 22, 2018 page 41 RESOLVED that the Town Board of the Town of Southold hereby appoints Annette Newman to the position of Student Intern I in the Assessors Office at a rate of$13.00 per hour, said appointment starting on June 25, 2018 and ending December 25, 2018, pending background search completion. ✓Vote Record-Resolution RES-2018-495 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled El Withdrawn lames Dmizio Jr Voter 0 El Ii El Supervisor's Appt William P Ruland Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio ; Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter ❑ ❑ ❑ 0 ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ El El ❑ No Action ❑ Lost 2018-496 CATEGORY: Bid Acceptance DEPARTMENT. Public Works Accept FI Courts Refinishing Bid RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of JB's Asphalt Sealcoating in the amount of$67,000.00 for the reconstruction and resurfacing of Fishers Island Courts, with the Approval of the Town Attorney. ✓Vote Record-Resolution RES-2018-496 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn .lames Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter ❑ ❑ ❑ 0 ❑ Supt Hgwys App[ Scott A Russell ; Voter 0 11 El ❑ No Action 0 Lost Southold Town Board Regular Meeting May 22, 2018 page 42 2018-497 CATEGORY. Public Service DEPARTWENT: Town Attorney PH 6119 4:31 Pm- Chapter 260 WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 22nd day of May, 2018, a Local Law entitled "A Local Law in relation to an Amendment to Chapter 260, Vehicles and Traffic, in connection with Traffic and Pedestrian Safety" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the 19th day of June, 2018 at 4:31 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to an Amendment to Chapter 260, Vehicles and Traffic, in connection with Traffic and Pedestrian Safety" reads as follows: LOCAL LAW NO. 2018 A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 260, Vehicles and Traffic, in connection with Traffic and Pedestrian Safety". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The purpose of this local law is to improve safety for pedestrians and vehicles, as well as dealing with impacts to the public's health, safety and welfare. II. Chapter 260 of the Code of the Town of Southold is hereby amended as follows: §260-4. Stop intersections with stop signs. At Intersection Location Stop Sign on Direction of Travel With (Hamlet) Old Sound Avenue Northeast Westphalia Avenue Mattituck Old Sound Avenue Southeast Westphalia Avenue Mattituck III. SEVERABILITY If any clause, sentence,paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided Southold Town Board Regular Meeting May 22, 2018 page 43 by law. ✓Vote Record-Resolution RES-2018-497 ❑ Adopted ❑ Adopted as Amended ❑ Defeated - Yes/Aye No/Nay Abstain Absent ❑ Tabled _ 0 Withdrawn James Dmizio Jr Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter ❑ ❑ ❑ 0 ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-498 CATEGORY: Attend Seminar DEPARTMENT: Police Dept Police Department-Training Request RESOLVED that the Town Board of the Town of Southold hereby grants permission to Detective Steven Harned to attend the Active Shooter Certification Training on July 17-18, 2018 in Hampton Bays,NY. All expenses for registration, travel to be a legal charge to the 2018 budget lines A.3120.4.5600.200 &A.3120.4.600.225. ✓Vote Record-Resolution RES-2018-498 0 Adopted ❑ Adopted as Amended ❑ Defeated m Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 13 ❑ ❑ ❑ ❑ Supervisor's Appt William P Roland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter ❑ ❑ ❑ 0 ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-499 CATEGORY: Special Events Southold Town Board Regular Meeting May 22, 2018 page 44 DEPARTMENT: Town Clerk Special Event Appeal Decision RESOLVED that the decision of the Chairperson of the Zoning Board of Appeals dated May 15, 2018 denying the Special Event application of Greenport Brewing Company to hold the NoFo Dog Dock Diving Fundraiser on June 2, 2018, is hereby reversed, and the Chairperson of the Zoning Board of Appeals is hereby directed to issue the Special Event permit for the aforementioned special event, subject to the following conditions: 1. That on site parking be limited to approved site plan conditions 2. No Parking on State Route 25, Peconic Lane nor any Town owned properties 3. Additional Parking to be provided off site with shuttle service 4. That any noise emanating from the subject property shall be in compliance with section 180-6 of the Town Code 5. That there shall not be any amplified music at the subject property on the day of the event after 5:00 pm ✓Vote Record-Resolution RES-2018-499 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James D�mzio Jr Voter 10 ❑ ❑_ ❑ ❑ Supervisor's Appt William P Ruland Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter ❑ ❑ ❑ D ❑ Supt Hgwys Appt Scott A.Russell Voter D ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-500 CATEGGRF. Committee Appointment DEPARTMENT.• Town Clerk Appoint Members to Anti-Bias Task Force RESOLVED that the Town Board of the Town of Southold hereby appoints Christine McFall and Emily Geiger as members for the Anti-Bias Task Force, effective immediately, with a term to expire on March 31, 2021. ✓Vote Record-Resolution RES-2018-500 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Defeated William P Ruland Seconder 0 0 0 0 Southold Town Board Regular Meeting May 22, 2018 page 45 ❑ Tabled Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Withdrawn Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P Evans Voter ❑ ❑ ❑ 0 ❑ Tax Receiver's Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2018-501 CATEGORY: Contracts,Lease&Agreements DEPART LENT.• Town Attorney 2018 Youth Bureau Service Agreement RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the 2018 Southold Town Youth Services Agreement with the County of Suffolk, in the amount of$8,157.00, for the term January 1, 2018 through December 31, 2018, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2018-501 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dinizio Jr Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter ❑ ❑ ❑ 0 ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-502 CATEGORY: Local Law Public Hearing DEPARTMENT. Town Clerk Ph 6/19 4:31 Pm- Chapter 260 Stop Signs WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk Southold Town Board Regular Meeting May 22, 2018 page 46 County,New York, on the 22nd day of May, 2018, a Local Law entitled "A Local Law in relation to an Amendment to Chapter 260, Vehicles and Traffic, in connection with Traffic and Pedestrian Safety" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the 19th day of June,2018 at 4:31 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to an Amendment to Chapter 260, Vehicles and Traffic, in connection with Traffic and Pedestrian Chapter Safety" reads as follows: LOCAL LAW NO. 2018 A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 260, Vehicles and Traffic, in connection with Traffic and Pedestrian Safety". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The purpose of this local law is to improve safety for pedestrians and vehicles, as well as dealing with impacts to the public's health, safety and welfare. II. Chapter 260 of the Code of the Town of Southold is hereby amended as follows: §260-4. Stop intersections with stop signs. At Intersection Location Stop Sign on Direction of Travel With (Hamlet) Sound Avenue East Westphalia Avenue Mattituck Sound Avenue West Westphalia Avenue Mattituck III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ✓Vote Record-Resolution RES-2018-502 M Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated .lames Dmizio Jr Voter D ❑ ❑ ❑ ❑ Tabled William P Ruland Seconder 0 0 0 0 Southold Town Board Regular Meeting May 22, 2018 page 47 ❑ Withdrawn Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Voter ❑ ❑ ❑ 0 ❑ Rescinded Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2018-503 CATEGORY.• Organizational DEPARTMENT.• Town Attorney Establish the Bay to Sound Integrated Trails Initiative Project Advisory Committee RESOLVED that the Town Board of the Town of Southold hereby ratifies the formation and establishment of the Bay to Sound Integrated Trails Initiative Project Advisory Committee as of February 14, 2017. The Committee is formed for the purpose of monitoring the Bay to Sound Integrated Trails Initiative Project and advising the New York State Department of State and the Town Board as to the status of same. The board shall consist of the following members: John Sepenoski, Town of Southold Mark Terry, Town of Southold Jamie Richter, Town of Southold Michael Collins, Town of Southold Jeff Standish, Town of Southold Aaron Avent, Town of Southold Diana Sanford, Suffolk County Parks Dave Bergen,North Fork Environmental Council Aaron Virgin, Group For the East End Southold Town Board, Ex Officio Southold Town Trustees, Ex Officio Greenport Village Trustees, Ex Officio ✓Vote Record-Resolution RES-2018-503 0 Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Tabled William P Ruland Mover 0 ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Voter ❑ ❑ ❑ 0 ❑ Rescinded Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt Southold Town Board Regular Meeting May 22, 2018 page 48 ❑ No Action ❑ Lost 2018-504 CATEGORY.- Local Law Public Hearing DEPARTMENT. Town Attorney PH 713 7:31 Pm- Chapter 71 Agricultural Advisory Committee WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 22nd day of May, 2018, a Local Law entitled "A Local Law in relation to Chapter 71 -"Agricultural Advisory Committee",now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the 3rd day of July 2018 at 7:31 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to the Adoption of Chapter 71, "Agricultural Advisory Committee" reads as follows: LOCAL LAW NO. 2018 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 Southold Town Board Regular Meeting May 22, 2018 page 49 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. X71-3. 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. 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 maiority vote of the Committee. 471-4. 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 Southold Town Board Regular Meeting May 22, 2018 page 50 Agricultural Advisory Committee for review. (3) The Committee shall present advice relating to the desirability of such proposed use,or subdivision, including advice as to the nature of farming and farm resources within any proposed or established area. The Agricultural Advisory Committee shall have 45 days to respond with a recommendation(s) for the proposed action. The recommendation(s) shall be advisory only. D. Review proposed zoning changes in agricultural zoning districts. (1) Whenever a proposed zoning, policy change or development (residential, business or industrial) affecting Town agricultural zoning districts is presented to the Town Board within or contiguous to a county agricultural district or Town agricultural zones, it shall be referred to the Agricultural Advisory Committee for review. The Agricultural Advisory Committee shall have 45 days to respond with a recommendation(s) for the action(s). (2) The Committee shall present advice relating to the desirability of such action, including advice as to the nature of farming and farm resources within any proposed or established area. This recommendation(s) shall include a determination as to whether the proposed action(s)will have an unreasonable adverse effect on the continuing viability of a farm enterprise or enterprises within the county or Town agricultural districts. This recommendation(s) shall be advisory only. E. Review local, county, state, and federal legislation affecting the agricultural industry and report their effect to the Town Board. F. Serve as a vehicle for communication between the agricultural community and the Town Board. G. Perform such other duties and functions as may, from time to time, be directed by the Town Board. H. Meet as determined necessary by a majority of the Committee members, but no less than once a month. I. Submit to the Town Board an annual summary of the activities of the Agricultural Advisory Committee. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ✓Vote Record-Resolution RES-2018-504 2 Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated .lames Dmizio Jr Voter D 0 0 ❑ Southold Town Board Regular Meeting May 22, 2018 page 51 ❑ Tabled William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P.Evans Voter ❑ ❑ ❑ 0 ❑ Rescinded Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2018-505 CATEGORY. Set Meeting DEPARLUENT. Town Clerk Special Town Board Meeting RESOLVED that the Town Board of the Town Southold will hold a Special Board Meeting on Thursday, May 24, 2018 at Southold Town Hall, 53095 Main Road, Southold,New York at 12:00 P.M. for the purpose of setting a public hearing regarding Chapter 189 Parking. ✓Vote Record-Resolution RES-2018-505 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter ❑ ❑ ❑ 0 ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-506 CATEGORY. Bid Acceptance DEPARTMENT- Solid Waste Management District Solid Waste Plan Supplemental Services RESOLVED that the Town Board of the Town of Southold hereby accepts the December 11, 2017 proposal of L.K. McClean Associates, PC to provide the Town with supplemental services Southold Town Board Regular Meeting May 22, 2018 page 52 in support of final submission, comment review and response, public participation requirements, and DEC approval of the Town's new Local Solid Waste Management Plan (LSWMP) at a 2- year cost not to exceed $16,880 (first year cost of$8,180), as discussed at the February 27 Town Board Work Session, all in accordance with Attorney. ✓Vote Record-Resolution RES-2018-506 Rl Adopted ❑ Adopted as Amended ❑ Defeated — -- --- -- -- - -----— - -- Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder RI ❑ i ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover RI ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter ❑ ❑ ❑ 2 ❑ Supt Hgwys Appt Scott A.Russell Voter lZ ❑ ❑ El ❑ No Action ❑ Lost 2018-507 CATEGORY: Employment-Town DEPARTMENT: Accounting Appoint John Barker Groundskeeper I RESOLVED that the Town Board of the Town of Southold hereby appoints John Barker to the position of Groundskeeper I for the Department of Public Works, effective June 7, 2018, at a rate of$24.6121 per hour. ✓Vote Record-Resolution RES-2018-507 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter IZI ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Mover CEJ E] ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter EI ❑ ❑ El ❑ Rescinded Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter ❑ ❑ ❑ 0 ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action 0 Lost Southold Town Board Regular Meeting May 22, 2018 page 53 2018-508 CATEGORY. Budget Modification DEPARTMENT: Accounting 2018 Budget Modification- Capital Financial Impact:Budget modification to provide additional funding for Fisher's Island Salt Barn WHEREAS the Town Board of the Town of Southold previously approved a capital project for a Salt Barn on Fisher's Island, and WHEREAS, the cost of said project will be higher than originally anticipated, WHEREAS the Town's Capital Budget process requires a resolution to amend Capital Budget items in the Capital Fund, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby amends the following Capital Projects and amends the 2018 General Fund Whole Town and Capital Budtets as follows: Capital Project Name: Fisher's Island Salt Storage Facility Financing Method: Transfer from the General Whole Town Fund Increase Revenues: A.5990.00 Appropriated Fund Balance $79,375 'Total $79,375 Increase Appropriations: A.9901.9.000.100 Transfer to Capital $79,375 Total $79,375 Budget: Revenues: H.5031.43 Interfund Transfers FI Salt Storage Building $79,375 Total $79,375 Appropriations: H.1620.2.500.200 Buildings & Grounds, Cap O/L FI Salt Storage Building $79,375 Total $79,375 ✓Vote Record-Resolution RES-2018-508 El Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended .lames Dmizio Jr Voter LSI ❑ ❑ ❑ ❑ Defeated William P Ruland Seconder Q ❑ ❑ ❑ ❑ Tabled Jill Doherty Voter 2 ❑ ❑ ❑ ❑ Withdrawn Robert Ghosio Mover Rl ❑ ❑ ❑ 0 Supervisor's Appt Louisa P Evans Voter 0 0 0 z Southold Town Board Regular Meeting May 22, 2018 page 54 ❑ Tax Receiver's Appt Scott A Russell Voter CEJ ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2018-509 CATEGORY.• Local Law Public Hearing DEPARTIVENT. Town Clerk Ph 713 7:32- Chapter 205 WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 22nd day of May,2018, a Local Law entitled "A Local Law in relation to Amendments to Chapter 205, Public Entertainment and Special Events" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold,New York, on the 3rd day of July, 2018 at 7:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 205, Public Entertainment and Special Events" reads as follows: LOCAL LAW NO. 2018 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 205, Public Entertainment and Special Events". BE IT ENACTED by the Town Board of the Town of Southold as follows: Chapter 205. Public Entertainment and Special Events Article I. General Provisions 205-1. Purpose. It is the intent of this chapter to establish procedures and requirements for conducting special events in the Town of Southold to preserve the public peace, good order and the integrity of the use regulations established under the Zoning Code, to properly provide for the health, safety and welfare of the general public and to provide penalties for violations of the provisions herein. Southold Town Board Regular Meeting May 22, 2018 page 55 § 205-2. Definitions. As used in this chapter, the following terms shall have the meanings indicated: PARKING CAPACITY- For the purposes of this chapter, parking capacity shall be the number of cars, limousines or buses permitted on the site according to a site plan approved by the Town of Southold Planning Board. SPECIAL EVENT -Any temporary gathering, demonstration, performance, exhibition, amusement or activity that is not currently a permitted use of the property in the applicable zoning district or which requires a parking area to accommodate all vehicles transporting attendees to the event that is larger than the existing parking capacity of the site that is conducted or sponsored by a person, organization, entity or association, including, but not limited to, carnivals, circuses, fairs, bazaars, outdoor shows and concerts,parades, walks, runs, marathons, bicycle races or motorcycle rallies, which may involve one or more of the following: A. The closing of a public street. B. The use, blocking or restriction of Town property, roads or rights-of-way; C. The use of amplified sound exceeding the standards set forth in Chapter 180 of the Town Code. D. The sale of merchandise that is not ordinarily sold in the normal course of the applicant's business. E. The sale or service of food to the public with the exception of the following: (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 Southold Town Board Regular Meeting May 22, 2018 page 56 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 o ate prepefty and with an eete ^+tench ee of less than 1,000 at4endees shall obtain appr-eval of the Chair-pefson of the Zoning Board of Appeals ; aeeor-danee with the toffs sot fortl, in Article 11 of his ..hapto,-shall require the issuance of a Special Event Permit by a resolution of the Town Board. 1,000 attendees or special events o Town pr-o,.ei4y shall obtain the appr-oval of the T.,.,,., Board ., sot f6i4h i A f fiele H! of this ..1,apte, B. The provisions of this chapter shall not apply to: (1) Any event held on property owned by any special district that is contained on site and has adequate parking, ingress, egress, traffic control and sanitary facilities to host such an event; (2) Any event held on property owned by a not-for profit for its own fundraising that is contained on site and has adequate parking, ingress, egress, traffic control and sanitary facilities to host such an event; (3) Occasional events on private residential properties hosted by the owner thereof to celebrate family events, holidays, charitable or other not-for-profit fundraisers; however, any use of residential property for profit, such as a venue for weddings or other events, is prohibited. Article II. Special Events Requiring Chairperson of Zoning Board of Appeals Approval Permit Application Requirements and Procedure 205-4. Application requirements. The following information and materials,are to be submitted with an application for a special event permit. The Z^,,;,,j Board of Appeals ^ffi^e may aeeept--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 Southold Town Board Regular Meeting May 22, 2018 page 57 times. (4) The expected maximum number of persons intended to use the property at one time and collectively, including organizers, employees, vendors, exhibitors and spectators/participants. (5) Expected number of automobiles and other vehicles intended to use the property at one time and collectively. (6) The name, address and telephone number of the person(s) who will be engaged in the preparation and/or sale of food, alcohol, or beer and a copy of the State Liquor Authority license and County Department of Health Services permit number for the activity. (7) The name, address and cellular telephone number of any security company which will work on the premises, and a description of the duties to be performed. (8) The dimensions of any tents to be utilized for the event. All tents erected in connection with an event will require an application to, and the approval of, the Building Department. (9) Certification that the property where the event is to take place is not subject to any covenant or restriction limiting its use, or if the use is restricted by easement or otherwise, a copy of a survey or diagram depicting the easement area and any reserved area where development rights are intact. (10) The applicant must provide a certificate of general liability insurance naming the Town of Southold as an additional insured with limits of$1,000,000 per 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 i the fbile,,,;„ . , „ts for o e o nt. ��or-evepAs where the expeeted attendance is less than 500 aaendees! $150. rs;--Tor-evenAs where the expected atteiidaneels-500 to 1,000 attendees.$250. fah==-Applieatiens giat a-re submitted less than 60 days prior-to the proposed eveiA may 1�+JL�i to be -bje t to a later „ e of$250 VV C�+ u � f 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. Southold Town Board Regular Meeting May 22, 2018 page 58 (6) The location of all fire extinguishers and other fire safety equipment. (7) The location of all temporary utilities to be installed for the event, if any. (8) The layout of any parking area for automobiles and other vehicles and the means of ingress and egress for such parking areas. The parking spaces must allow for 300 square feet per car. (9) A traffic control plan for vehicles entering and leaving the site for the proposed event. (10) A plan for the use of live outdoor music, loudspeakers and other sounds which will be used, if any, and the type and location of speakers and other audio equipment (11) A description of emergency access and facilities related to the event. (12) Provisions to dispose of any garbage, trash, rubbish or other refuse. (13) The location and a description of any additional lighting to be utilized in conjunction with the event. (14) The location of sanitary facilities on site. E. A description of any signage to be displayed adjacent to a Town, county or state road, including size, location and dates of display. F. A certificate of insurance not less than $2,000,000 naming the Town of Southold as an additional insured. G. A minimum cleanup deposit of$250. ISH. The_Ghaifper-sen 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-J. 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 Zening Beafd of Appe Town Clerk's Office. Any applie^* ^� that; not oemplete may not be ^ epted andor-pr-oeessed. 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. Alhefl tho Chairperson of the Zonin Board of Appeals Upon making a determination that the application is complete, deto,.,,,;nes ^^�a application is eemplete, the Chair-pe.-so Committee shall cause the application and Southold Town Board Regular Meeting May 22, 2018 page 59 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 inspeetor Marshal, the Assessors' Office and/or the Town Attorney. C. Upon receipt of comments, the the Chair-person of the Zonin. 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 sectionUVtNllllCwhether- CVZI^ to the proposednt applieation. D. the 11 11V revisions required, or-upon the submission of a r-evised „, Chairperson of the Zoning Board of Appeals may deny or approve the applieatioll Ems The Committee shall make a recommendation to the Town Board within 30 days of receipt of a complete application. E. Upon receipt of an application from the Special Events Committee, the Town Board shall review the application and make a determination whether to; grant the application as applied for, deny the application, or grant the application with conditions. In making its determination the Town Board shall consider the following: (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 Southold Town Board Regular Meeting May 22, 2018 page 60 the impacts defined in Subsection E(4), (5), (6), (7) and (8) above. (13) Whether the frequency of prior or proposed special events on the site constitutes a change or intensification of the permitted use of the property necessitating a use variance or further site plan review. (14) If an applicant is requesting a special event permit that was held the previous year, the verification must be submitted from those charities listed on the previous application. (15) Any other matters that relate to the health, safety and welfare of the general public. F. A deposit shall be made in an amount to be determined prior to issuance of the permit based upon the estimated direct costs attributable to additional police and highway costs associated with the event. After the event, the deposit will be used to cover such costs, and any monies remaining will be returned to the applicant. G. Where the Town determines that there is no specific Town benefit from the event or that the event is conducted for profit, an additional deposit shall be made in an amount to be determined prior to issuance of the permit based upon the estimated direct costs attributable to additional police, highway and cleanup costs associated with the event. After the event, the deposit will be used to cover such costs, and any monies remaining will be returned to the applicant. If the costs incurred by the Town exceeds the amount deposited, the applicant shall be responsible for the additional costs incurred by the Town as a result of the Special Event. 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 ap lip cant 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 E)fthe Zoning Board of Appeals is 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 L,,,>,,, it4ed to the Off;ev 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 GhaiFpe rc^^ of rhe 7^, ing Board of Appeals its prior decision subject to any conditions deemed appropriate under the circumstances. A ftiel e TTL Speeial Events Requiring Tl..,.,, Board Approval L 11 Lll�lli § 205 Eyep s kola on Town landsor-events o o, ing 1,000 attend � �.,� ,. ,�Y<.11LJ i A. Any event held en property owned, !eased E)f eopArolled by the T-E)WH or-any eVent where the expeeted attendanee exeeeds 1,000 people shall be subjeet!E) approval by r-esolution i Southold Town Board Regular Meeting May 22, 2018 page 61 events,of a majority of the Town Board fbilowing the submission of an applieation io the To Town Board may eonsider-the fellowing er-iier-ia in addition to the er-iter-ia set forth in enc 5E above- The boye•Th e of the e slatio t.,the number- of people attending the event.- (2) vnt.( ) Th ff eieney of arrangements made to eoiAfol tr-affie park. . , ,,.1 ref, (2) The f•equency of events proposed or-approved for the,, -nd whether-the frequeney is so great that the events .,st;ti peisefsistmt usage of the pro,•,ort.. ,t;hle with its .,h. ete oF with that of the surf. ndi !/Il ( fliets with E)fdinar-y „hl; use of the land, ' a s .r_fee lities involved. . (5) Whether-the applieant has been convieted for-failure to eemply with the terms of this chapter-, .;+h;Y, the past three years. (6) Adherence to the Town i2., fd policy', of.l; nts at Town beaches_ ,Y,d srLs fFofn the Friday hefefe the .,hsef,..,nee .,f Me.. .,r;.,l Day upAil Tabor-Day. 1 Lu (7) if two events t .l .,ttd., frY, e than 1_(100 people or-mer-ee s we eeen o � re shallseheduled for-the same date and are Within a half mile radius of eaeh Otheir, the Town Board will determine if!here are adequate r-esourees for-the everAs. if there are not suffieient resources to enswe publie health and saf�ty, the Tov'm Board deny permitsoneor-more ;f the impaets of the evepAs eannot he mitigated. When deeiding which event to deny, the T., m Board shall eo si.ler- W 1 (.,) Whether the event is rer.„rrir,rL (h) Whether the site has been sub*e.,t to .Y violation,,with;,, the last three years-. (b) The date the r nn t ., plie tib . s„1,,, iRe.a. l.11 if eras oeettffed the prior-a ler dad-year-, the Chairperson of the Zoning Board f Appeals shall eonsider what their impact. on tha4 .,re., o the (e) Whether-the event will yield a donation tooneor-more local charities. B. For- speeial event that;s to he held land owned, le.,se.l of controlled h.,the To a-nyrvz'r'il .,f Se,.th.,1.1 the s plie tier shall .,1,,.1e £lls,,,;r ,• , the r� (4\ A eempleted sa alevent a plie dofc -YAA.4.eh V VDA-A rJ!he fella itt11 ( The name, .•,, ;1; ..d fe s, a ;1 address and telephone il'Lmbe-(s) ivfper-sothe .,(s) who will heor-gani�ing the evePA and who can be . r+..etCIe.l r ZTfTl l V 1 to and during the event by T-6wn offieials. !hl Ther ed event 1.,.,.,t;.,,, and type of event C ! The proposed ,fetes andhours of the s el event, ' .,1,,. ing set„r. an-, shutdown wn ti (.l) The expeete.1 maximum Y•,•,he of refsons inleiided to use the r eA at one time and , inpluding employees, vendors, exhibitors arta speetator-s/par-t;s nts (eL. f � l � is .led for the went inelu.ing but. tie-re—ar cczur� iirrcnzcnrsircccrccrrorrrrc-cv czr�irrcucclzrg�-vn� not 1;,,•.;ted t. , r,eliee presenee or-read elos„res Southold Town Board Regular Meeting May 22, 2018 page 62 (2) An applioation fee in the sum of$250 for events where the expeeted attendanee- does not exceed 1,000 attendees. (3) A certifieate of insufanee not less than $2,000,000 naming the Te'�N% of Sout as an additional insured-. (n) n minirmim ,.to,nun ,deposit of$250 (5) Where the Town determines that there is fie specifie Town benefit from the event or that the event is eondueted for pfo�it, an additional deposit shall be made in an amount to be determined prior-to issua-nee of the permit based upon t�e estimated with the event. n f4er the event, the deposit, ,;11 be used le eover sueh eests and. any monies remaining will be rerun,, t to the ,tet;.,.,,,+ (6) Any additional-' tier required by the rr,,,,,,, G! G. For,an), special event where the expeeted a4endanee exeeeds 1,000 attendees, the applieration shall include all information reqiiiredtinder- § 205 4A, l In and E a well as the followingt (t) An pt;,,.,tion poo of$350 (2) A eertifieatP of insuranee not less than $2,000,000 naming the rr,,.,,,, of Soutt, .t a as an additional rod foregoing,(3) The Town Board may require the appheant to send and provide eertifieation property where the even4 is to be held, as shown on the etiff ePA Tewn of Southold assessment rall, and direetly opposite (by extension of the lot lines tIffough street or Fight of way) of the property that is the subject of the application. Said notiee shall inelude the date, time and loeation of the proposed speeial eve114. D. Notwithstanding the the Town Board, upon request by an appheant, rn waive in whole or in part any of the foregoing applieation requirements upon a fin that said requirements are not necessary for�roper eopsidera4ion of a permit appliea or for-the proteetion of health, safety and w6'ifffe. The Town Board resolution shall , cify the reason for!he grant or-denial. if a waiver is granted, the Town Board may attach appropriate conditions to proteet the�ublie imerests. Article IV III. Enforcement 205-8. Modification or rescission of permit. If, after a permit is issued, the Chairperson of the Zonin. Board of Appeals ^"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 Southold Town Board Regular Meeting May 22, 2018 page 63 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 $1,500.04-$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§ 205-91](1) or(2), violators shall be guilty of a misdemeanor and/or subject to a fine of not less than $500.00$1,000.00 nor more than $5,000. 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 fling with the Secretary of State as provided by law. ✓Vote Record-Resolution RES-2018-509 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ,lames Dmizio Jr Mover 0 ❑ ❑ ❑ ❑ Defeated William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tabled Jill Doherty Seconder 13 ❑ ❑ ❑ ❑ Withdrawn Robert Ghosio ! Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt ❑ Tax Receiver's Appt Louisa P Evans „ Voter ❑ ❑ ❑ R] Scott A.Russell Voter D ❑ ❑ 11 Rescinded ❑ 0 Town Clerk's Appt Southold Town Board Regular Meeting May 22, 2018 page 64 ❑ Supt Hgwys Appt ❑ No Action ❑ Lost Comments regarding resolution 509 SUPERVISOR RUSSELL: I just want to stress that it will be published in its entirety in a legal notice in the local media. Also, the law itself is the law that was subject to a public hearing a few months ago. It was a hearing that was well attended and people spoke a great deal in opposition. The law we are proposing tonight has been vetted and reviewed by the Agricultural Advisory Committee and others. I think there is a better understanding of the intent. It's largely, the law itself as is presented is largely intact as the original draft. There is one significant change, actually I would call it a modest change and that is it simply restores the ability of someone that applied for up to six special events with one permit but largely left intact from the original public hearing. If anyone wants a;copy mailed directly to them, they should please call my office. It's 765-1889 and we will mail you a copy of this law in its entirety. The hearing is set at least four weeks if not longer. But at any rate, hopefully there will be plenty of due notice on this. 2018-510 CATEGORY. Budget Modification DEPARTMENT: Accounting 2018 Budget Modification-DPW Financial Impact: Transferfunds to cover change ofposition RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 General Fund Whole Town budget as follows: From A.1620.4.400.700 Buildings & Grounds, C.S. Building Rentals $3,500 Total $3,500 To: A.1620.1.100.100 Buildings & Grounds, FT Employees Regular Earnings $3,500 Total $3,500 ✓Vote Record-Resolution RES-2018-510 El Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated .lames Dmizio Jr Voter lZ ❑ ❑ ❑ ❑ Tabled William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Mover Rl ❑ ❑ ❑ I Southold Town Board Regular Meeting May 22, 2018 page 65 ❑ Supervisor's Appt Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Voter ❑ ❑ ❑ 0 ❑ Rescinded Scott A Russell ; Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2018-511 CATEGORY. Bid Acceptance DEPARTMENT. Engineering Accept Bid-FI Sall Barn RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Mattern Construction Inc. in the amount of$176,000 for the Construction of the Salt Barn on Fishers Island all in accordance with the Town Attorney. ✓Vote Record-Resolution RES-2018-511 0 Adopted ❑ Adopted as Amended ❑ Defeated -- - - — - — -- Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter ❑ ❑ ❑ 0 ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-512 CATEGORY. Enact Local Law DEPARTT,VENT.• Town Clerk Enact Local Lars,- Chapter 280 Connrnercial Solar Energy Siting WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 10th day of April, 2018, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280 as it pertains to the siting of commercial solar energy systems" and Southold Town Board Regular Meeting May 22, 2018 page 66 WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280 as it pertains to siting of commercial solar energy systems" reads as follows: LOCAL LAW NO. 4 of 2018 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280 as it pertains to siting of commercial solar energy systems" BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town Board of the Town of Southold recognizes the importance of renewable energy facilities. However, it is equally important to protect our natural resources by providing standards for solar energy production facilities on those lands that have been previously cleared and/or disturbed. It is altogether reasonable that the Town Board makes adequate provisions for these facilities, and it is imperative that such facilities do not adversely affect surrounding and nearby properties. It is therefore the intent of this section to provide adequate safeguards for the location, siting and operation of solar energy production facilities and solar collection systems. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: Article XIV Light Industrial Park/Planned Office Park(LIO) District [Added 1-10-1989 by L.L. No. 1-19891 § 280-57 Purpose. The purpose of the Light Industrial Park/Planned Office Park (LIO) District is to provide opportunity for the location of business and professional offices, research facilities, industrial uses and similar activities in an open, campus-like setting in areas which are not appropriate for commercial activity or low-density residential development. In this area, such uses can be established in an attractive environment and serve both as a means of preserving the open qualities of an area and providing an area adjacent to hamlet areas where such uses can be appropriately developed with suitable protection for ground- and surface waters. All uses must conform to Suffolk County Health Department standards. § 280-58 Use regulations. In the LIO District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: Southold Town Board Regular Meeting May 22, 2018 page 67 A. Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1) hereof, are subject to site plan approval by the Planning Board: [Amended 5-9-1989 by L.L. No. 6-1989; 11-29-1994 by L.L. No. 26-1994; 4-28-1997 by L.L. No. 6-1997] B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, except Subsection B(10), which may be permitted as a special exception by the Planning Board, and all such special exception uses shall be subject to site plan approval by the Planning Board: [Amended 5-23-1989 by L.L. No. 7-1989; 4-28-1997 by L.L. No. 6-1997; 11-12- 1997 by L.L. No. 26-1997; 2-12-2013 by L.L. No. 2-2013; 6-17-2014 by L.L. No. 7-20141 (10) Commercial solar energy production system, subject to the following criteria: (a) The commercial solar energy system shall not be on a parcel of less than five acres. (b) Solar energy production facilities shall be permitted only on those lands previously cleared and/or disturbed on or before January 1, 2018.No additional clearing shall be permitted, except that the removal of shrubs, underbrush and trees under six inches in diameter shall be permitted and shall not be deemed clearing. (cb) All ground-mounted panels shall not exceed the height of eight feet. (de) All mechanical equipment of the commercial solar energy system, including any structure for batteries or storage cells, shall be completely enclosed by a minimum eight-foot-high fence with a self-locking gate. (ed)Notwithstanding any requirement in § 280-63 of this chapter, the total surface area of all ground-mounted and freestanding solar collectors, including solar photovoltaic cells,panels, and arrays, shall not exceed 80% of the total parcel area. (fe) A minimum twenty-five-foot perimeter buffer, consisting of natural and undisturbed vegetation, supplemented with evergreen plantings, as needed, shall be provided around all mechanical equipment and solar panel arrays to provide screening from adjacent residential properties and Town, county and state roads. A vegeta4ed perimeter-buff-er-shall be installed to pf:evide year- r-ound ser-eening of (gf) A minimum setback for a solar energy production facility and equipment used in conjunction with the solar energy production facility shall be located at least 100 feet from any residential dwelling or zone (hi) All solar energy production systems shall be designed and located in order to prevent reflective glare toward any habitable buildings as well as streets and rights-of-way. & All on-site utility and transmission lines shall be, to the extent feasible, placed underground. (j}) A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations. (k}) The system shall be designed and situated to be compatible with the existing uses Southold Town Board Regular Meeting May 22, 2018 page 68 on adjacent and nearby properties. (1k) In approving a special exception, the Planning Board may waive or modify any of the above criteria if it finds that there is no detriment to public health, safety and welfare. (MI) Any special exception approval granted under this article shall have a term of 20 years, commencing from the grant of the special exception, which may be extended for additional five-year terms upon application to the Planning Board. (nm) Decommissioning/removal: [1] Any commercial solar energy production system that is not operated for a continuous period of 24 months shall be deemed abandoned. At that time, the owner of the commercial solar energy production system or the owner of the property where the commercial solar energy production system is located shall remove all components thereof within 90 days of such deemed abandonment or will be in violation of this section. In the case of a commercial solar energy production system on preexisting structures, this provision shall apply to the commercial solar energy production system only. If the commercial solar energy production system is not removed within said 90 days, the Building Inspector may give the owner notice that unless the removal is accomplished within 30 days, the Town will cause the removal at the owner's expense. All costs and expenses incurred by the Town in connection with any proceeding or any work done for the removal of a commercial solar energy production system shall be assessed against the land on which such commercial solar energy production system is located, and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located, then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner of the system and the owner of the property upon which the system is located shall fail to pay such expenses within 10 days after the statement is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action, the Building Inspector may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred and the owner of the system and the owner of the property upon which the system is located, with the Assessors, who shall, in the preparation of the next assessment roll, assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as are provided by law for the collection and enforcement of real property taxes in the Town of Southold. [2] This subsection is enacted pursuant to § 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through removal provisions to ensure the proper decommissioning Southold Town Board Regular Meeting May 22, 2018 page 69 of commercial solar energy production systems within the entire Town. The removal reduction provision of this chapter shall supersede any inconsistent portions of Town Law § 64, Subdivision 5-a, and govern the subject of removal of commercial solar energy production systems in this chapter. Article XV Light Industrial (LI) District [Added 1-10-1989 by L.L. No. 1-1989] § 280-61 Purpose. The purpose of the Light Industrial (LI) District is to provide an opportunity for business and industrial uses on smaller lots than would be appropriate for the LIO Light Industrial Park/Planned Office Park District. § 280-62 Use regulations. In the LI District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: A. Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1) and (2) hereof, are subject to site plan approval by the Planning Board: [Amended 5-9-1989 by L.L. No. 6-1989; 11-29-1994 by L.L. No. 26-1994; 4-28- 1997 by L.L. No. 6-1997] B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, except Subsection 13(10), which may be permitted as a special exception by the Planning Board, and all such special exception uses shall be subject to site plan approval by the Planning Board: [Amended 4-28-1997 by L.L. No. 6-1997; 2-12-2013 by L.L. No. 2-2013; 6-17- 2014 by L.L. No. 7-20141 (10) Commercial solar energy production system, subject to the following criteria: (a) The commercial solar energy system shall not be on a parcel of less than five acres. (b) Solar energy production facilities shall be permitted only on those lands previously cleared and/or disturbed on or before January 1, 2018. No additional clearing shall be permitted, except that the removal of shrubs, underbrush and trees under six inches in diameter shall be permitted and shall not be deemed clearing. (cb) All ground-mounted panels shall not exceed the height of eight feet. (de) All mechanical equipment of the commercial solar energy system, including any structure for batteries or storage cells, shall be completely enclosed by a minimum eight-foot-high fence with a self-locking gate. (ed)Notwithstanding any requirement in § 280-63 of this chapter, the total surface area of all ground-mounted and freestanding solar collectors, including solar photovoltaic cells,panels, and arrays, shall not exceed 80% of the total parcel area. (fe) A minimum twenty-five-foot perimeter buffer, consisting of natural and Southold Town Board Regular Meeting May 22, 2018 page 70 undisturbed vegetation, supplemented with evergreen plantings, as needed, shall be provided around all mechanical equipment and solar panel arrays to provide screening from adjacent residential properties and Town, county and state roads. A vegetated perimeter-buff-er shall be installed to provide year- round ser-eenifig of (gf)A minimum setback for a solar energy production facility and equipment used in conjunction with the solar energy production facility shall be located at least 100 feet from any residential dwelling or zone (hi) All solar energy production systems shall be designed and located in order to prevent reflective glare toward any habitable buildings as well as streets and rights-of-way. & All on-site utility and transmission lines shall be, to the extent feasible,placed underground. (1}) A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations. ()j) The system shall be designed and situated to be compatible with the existing uses on adjacent and nearby properties. (ll-) In approving a special exception, the Planning Board may waive or modify any of the above criteria if it finds that there is no detriment to public health, safety and welfare. (MI) Any special exception approval granted under this article shall have a term of 20 years, commencing from the grant of the special exception, which may be extended for additional five-year terms upon application to the Planning Board. (nm) Decommissioning/removal: [1] Any commercial solar energy production system that is not operated for a continuous period of 24 months shall be deemed abandoned. At that time, the owner of the commercial solar energy production system or the owner of the property where the commercial solar energy production system is located shall remove all components thereof within 90 days of such deemed abandonment or will be in violation of this section. In the case of a commercial solar energy production system on preexisting structures, this provision shall apply to the commercial solar energy production system only. If the commercial solar energy production system is not removed within said 90 days, the Building Inspector may give the owner notice that unless the removal is accomplished within 30 days, the Town will cause the removal at the owner's expense. All costs and expenses incurred by the Town in connection with any proceeding or any work done for the removal of a commercial solar energy production system shall be assessed against the land on which such commercial solar energy production system is located, and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located, then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner of the system and the owner of the property upon which the system is located shall fail to pay such Southold Town Board Regular Meeting May 22, 2018 page 71 expenses within 10 days after the statement is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action, the Building Inspector may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred and the owner of the system and the owner of the property upon which the system is located, with the Assessors, who shall, in the preparation of the next assessment roll, assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as are provided by law for the collection and enforcement of real property taxes in the Town of Southold. [2] This subsection is enacted pursuant to § 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through removal provisions to ensure the proper decommissioning of commercial solar energy production systems within the entire Town. The removal reduction provision of this chapter shall supersede any inconsistent portions of Town Law § 64, Subdivision 5-a, and govern the subject of removal of commercial solar energy production systems in this chapter. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ✓Vote Record-Resolution RES-2018-512 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 2 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter ❑ ❑ ❑ 0 ❑ Supt Hgwys Appt Scott A Russell Voter El ❑ ❑ ❑ ❑ No Action 0 Lost Southold Town Board Regular Meeting May 22, 2018 page 72 2018-513 CATEGORY. Property Acquisition Purchase DEPARTMENT.• Land Preservation Elect to Purchase-SEQRA Carnation Properties Dev Rights Easement WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of a development rights easement on a certain parcel of property owned by Carnation Properties, Inc. on the 22nd day of May, 2018, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as part of SCTM #1000-109.-1-10.1. The address is 23195 NYS Route 25 in Cutchogue. The property is located in the Agricultural-Conservation (A-C) Zoning District and is situated at the northerly side of NYS Route 25, approximately 1482 feet west of Alvah's Lane in Cutchogue, New York; and WHEREAS, the proposed acquisition is for a development rights easement on approximately 51.6± (subject to survey) of the 53.472± acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner; and WHEREAS, the easement will be acquired using Community Preservation Funds. The purchase price is $62,790 (sixty-two thousand seven hundred ninety dollars) per buildable acre, estimated at $3,239,964.00 (three million two hundred thirty-nine thousand nine hundred sixty-four dollars) for the 51.6± acre easement, plus acquisition costs. Purchase price will,be adjusted at time of closing based on final survey acreage determination; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value and its value as an aquifer recharge area; and WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program ("LWRP") and the LWRP Coordinator has recommended that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the development rights easement; and Southold Town Board Regular Meeting May 22, 2018 page 73 WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on this agricultural land; and, WHEREAS, the Town Board of the Town of Southold classifies this action as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; and, WHEREAS, the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and, WHEREAS, the Town Board of the Town of Southold accepted the Short Environmental Form for this project that is attached hereto; now,therefore, be it RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action; and, be it further RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a development rights easement on agricultural land owned by Carnation Properties, Inc., identified as part of SCTM#1000-109.-1-10.1. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the LWRP and the Town Board has determined that this action is consistent with the LWRP. ✓Vote Record-Resolution RES-2018-513 Lf Adopted ❑ Adopted as Amended ❑ Defeated - ❑ Tabled - Yes/Aye No/Nay Abstain Absent __ ❑ Withdrawn James Dinizio Jr Voter 0 [i ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt .till Doherty Mover El ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter lZ ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter ❑ ❑ ❑ 0 ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-514 CATEGORY.• Property Usage DEPARTMENT.- Town Clerk Appeal of the Denial of the Special Ei,ents Application RESOLVED the Town Board of the Town of Southold hereby DENIES the Appeal of the 8 Hands Farm of the Denial of its Special Events Application pursuant to Section 205-6 of the Southold Town Board Regular Meeting May 22, 2018 page 74 Town Code of the Town of Southold. ✓Vote Record-Resolution RES-2018-514 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled - James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt William P Ruland Mover [a ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter ❑ ❑ ❑ 0 ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost VI. Public HearinjZs Motion To: Motion to recess to Public Hearing RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed in order to hold a public hearing. RESULT: ADOPTED [UNANIMOUS] MOVER: Robert Ghosio, Councilman SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Russell ABSENT: Louisa P. Evans PH 5/22 4:31 Pm - Chapter 280 Commercial Solar Energy Siting COUNCILMAN GHOSIO: WHEREAS,there has been resented to the Town Board of the Town of Southold, Suffolk County,New York, on the lot day of April, 2018, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280 as it pertains to the sitin; of commercial solar energy systems" 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 22nd day of May 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 280 as it pertains to siting of commercial solar energy systems" reads as follows: LOCAL LAW NO. 2018 Southold Town Board Regular Meeting May 22, 2018 page 75 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280 as it pertains to sitinlz of commercial solar energy systems" BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town Board of the Town of Southold recognizes the importance of renewable energy facilities. However, it is equally important to protect our natural resources by providing standards for solar energy production facilities on those lands that have been previously cleared and/or disturbed. It is altogether reasonable that the Town Board makes adequate provisions for these facilities, and it is imperative that such facilities do not adversely affect surrounding and nearby properties. It is therefore the intent of this section to provide adequate safeguards for the location, siting and operation of solar energy production facilities and solar collection systems. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: Article XIV Light Industrial Park/Planned Office Park(LIO) District [Added 1-10-1989 by L.L. No. 1-19891 § 280-57 Purpose. The purpose of the Light Industrial Park/Planned Office Park (LIO) District is to provide opportunity for the location of business and professional offices, research facilities, industrial uses and similar activities in an open, campus-like setting in areas which are not appropriate for commercial activity or low-density residential development. In this area, such uses can be established in an attractive environment and serve both as a means of preserving the open qualities of an area and providing an area adjacent to hamlet areas where such uses can be appropriately developed with suitable protection for ground- and surface waters. All uses must conform to Suffolk County Health Department standards. § 280-58 Use regulations. In the LIO District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: A. Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1) hereof, are subject to site plan approval by the Planning Board: [Amended 5-9-1989 by L.L. No. 6-1989; 11-29-1994 by L.L. No. 26-1994; 4-28-1997 by L.L. No. 6-1997] B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, except Subsection B(10), which may be permitted as a special exception by the Planning Board, and all such special exception uses shall be subject to site plan approval by the Planning Southold Town Board Regular Meeting May 22, 2018 page 76 Board: [Amended 5-23-1989 by L.L. No. 7-1989; 4-28-1997 by L.L. No. 6-1997; 11-12- 1997 by L.L. No. 26-1997; 2-12-2013 by L.L. No. 2-2013; 6-17-2014 by L.L. No. 7-20141 (10) Commercial solar energy production system, subject to the following criteria: (a) The commercial solar energy system shall not be on a parcel of less than five acres. (b) Solar energy production facilities shall be permitted only on those lands previously cleared and/or disturbed on or before January 1, 2018. No additional clearing shall be permitted, except that the removal of shrubs, underbrush and trees under six inches in diameter shall be permitted and shall not be deemed clearing. (cb) All ground-mounted panels shall not exceed the height of eight feet. (de) All mechanical equipment of the commercial solar energy system, including any structure for batteries or storage cells, shall be completely enclosed by a minimum eight-foot-high fence with a self-locking gate. (ed)Notwithstanding any requirement in § 280-63 of this chapter, the total surface area of all ground-mounted and freestanding solar collectors, including solar photovoltaic cells,panels, and arrays, shall not exceed 80% of the total parcel area. (f€) A minimum twenty-five-foot perimeter buffer, consisting of natural and undisturbed vegetation, supplemented with evergreen plantings, as needed, shall be provided around all mechanical equipment and solar panel arrays to provide screening from adjacent residential properties and Town, county and state roads. A vegetated perimeter-buff-er-shail be installed to provide year round sereening of (gf) A minimum setback for a solar energy production facility and equipment used in conjunction with the solar energy production facility shall be located at least 100 feet from any residential dwelling or zone (h}) All solar energy production systems shall be designed and located in order to prevent reflective glare toward any habitable buildings as well as streets and rights-of-way. ( ) All on-site utility and transmission lines shall be, to the extent feasible, placed underground. (1}) A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations. (1 j) The system shall be designed and situated'to be compatible with the existing uses on adjacent and nearby properties. (lk) In approving a special exception, the Planning Board may waive or modify any of the above criteria if it finds that there is no detriment to public health, safety and welfare. (ml) Any special exception approval granted under this article shall have a term of 20 years, commencing from the grant of the special exception, which may be extended for additional five-year terms upon application to the Planning Board. (_nm) Decommissioning/removal: [1] Any commercial solar energy production system that is not operated for a Southold Town Board Regular Meeting May 22, 2018 page 77 continuous period of 24 months shall be deemed abandoned. At�that time, the owner of the commercial solar energy production system or the owner of the property where the commercial solar energy production system is located shall remove all components thereof within 90 days of such deemed abandonment or will be in violation of this section. In the case of a commercial solar energy production system on preexisting structures, this provision shall apply to the commercial solar energy production system only. If the commercial solar energy production system is not removed within said 90 days,the Building Inspector may give the owner notice that unless the removal is accomplished within 30 days, the Town will cause the removal at the owner's expense. All costs and expenses incurred by the Town in connection with any proceeding or any work done for the removal of a commercial solar energy production system shall be assessed against the land on which such commercial solar energy production system is located, and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located, then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner of the system and the owner of the property upon which the system is located shall fail to pay such expenses within 10 days after the statement is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action, the Building Inspector may file a certificate of the actual expenses incurred as aforesaid,together with a statement identifying the property in connection with which the expenses were incurred and the owner of the system and the owner of the property upon which the system is located, with the Assessors, who shall, in the preparation of the next assessment roll, assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as are provided by law for the collection and enforcement of real property taxes in the Town of Southold. [2] This subsection is enacted pursuant to § 10 of the Municipal Home Rule Law to promote the public health, safety'and general welfare of Town citizens through removal provisions to ensure the proper decommissioning of commercial solar energy production systems within the entire Town. The removal reduction provision of this chapter shall supersede any inconsistent portions of Town Law § 64, Subdivision 5-a, and govern the subject of removal of commercial solar energy production systems in this chapter. Article XV Light Industrial (LI) District [Added 1-10-1989 by L.L. No. 1-1989] Southold Town Board Regular Meeting May 22, 2018 page 78 § 280-61 Purpose. The purpose of the Light Industrial (LI) District is to provide an opportunity for business and industrial uses on smaller lots than would be appropriate for the LIO Light Industrial Park/Planned Office Park District. § 280-62 Use regulations. In the LI District,no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: A. Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1) and(2)hereof, are subject to site plan approval by the Planning Board: [Amended 5-9-1989 by L.L.No. 6-1989; 11-29-1994 by L.L. No. 26-1994; 4-28- 1997 by L.L. No. 6-1997] B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, except Subsection B(10), which may be permitted as a special exception by the Planning Board, and all such special exception uses shall be subject to site plan approval by the Planning Board: [Amended 4-28-1997 by L.L. No. 6-1997; 2-12-2013 by L.L. No. 2-2013; 6-17- 2014 by L.L.No. 7-2014] (10) Commercial solar energy production system, subject to the following criteria: (a) The commercial solar energy system shall not be on a parcel of less than five acres. (b) Solar energy production facilities shall be permitted only on those lands previously cleared and/or disturbed on or before January 1, 2018. No additional clearing shall be permitted, except that the removal of shrubs, underbrush and trees under six inches in diameter shall be permitted and shall not be deemed clearing. (cb) All ground-mounted panels shall not exceed the height of eight feet. (ds) All mechanical equipment of the commercial solar energy system, including any structure for batteries or storage cells, shall be completely enclosed by a minimum eight-foot-high fence with a self-locking gate. (ed)Notwithstanding any requirement in § 280-63 of this chapter, the total surface area of all ground-mounted and freestanding solar collectors, including solar photovoltaic cells, panels, and arrays, shall not exceed 80% of the total parcel area. (fe) A minimum.twenty-five-foot perimeter buffer, consisting of natural and undisturbed vegetation, supplemented with evergreen plantings, as needed, shall be provided around all mechanical equipment and solar panel arrays to provide screening from adjacent residential properties and Town, county and state roads. A vegetated per-iflieter-buff-er-shall be installed to provide year round ser-eeflifig of (gf) A minimum setback for a solar energy production facility and equipment used in conjunction with the solar energy production facility shall be located at least 100 feet from any residential dwelling or zone (hi) All solar energy production systems shall be designed and located in order to Southold Town Board Regular Meeting May 22, 2018 page 79 prevent reflective glare toward any habitable buildings as well as streets and rights-of-way. & All on-site utility and transmission lines shall be, to the extent feasible, placed underground. (ii) A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations. ( j) The system shall be designed and situated to be compatible with the existing uses on adjacent and nearby properties. (lk) In approving a special exception, the Planning Board may waive or modify any of the above criteria if it finds that there is no detriment to public health, safety and welfare. (ml)Any special exception approval granted under this article shall have a term of 20 years, commencing from the grant of the special exception, which may be extended for additional five-year terms upon application to the Planning Board. (nm)Decommissioning/removal: [1] Any commercial solar energy production system that is not operated for a continuous period of 24 months shall be deemed abandoned. At that time, the owner of the commercial solar energy production system or the owner of the property where the commercial solar energy production system is located shall remove all components thereof within 90 days of such deemed abandonment or will be in violation of this section. In the case of a commercial solar energy production system on preexisting structures, this provision shall apply to the commercial solar energy production system only. If the commercial solar energy production system is not removed within said 90 days,the Building Inspector may give the owner notice that unless the removal is accomplished within 30 days, the Town will cause the removal at the owner's expense. All costs and expenses incurred by the Town in connection with any proceeding or any work done for the removal of a commercial solar energy production system shall be assessed against the land on which such commercial solar energy production system is located, and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located, then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner of the system and the owner of the property upon which the system is located shall fail to pay such expenses within 10 days after the statement is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action, the Building Inspector may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred and the owner of the system and the owner of the property upon which the system is located, with the Assessors, who shall, in the preparation of the next assessment roll, assess such amount upon such property. Such amount shall be included in the Southold Town Board Regular Meeting May 22, 2018 page 80 levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as are provided by law for the collection and enforcement of real property taxes in the Town of Southold. [2] This subsection is enacted pursuant to § 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through removal provisions to ensure the proper decommissioning of commercial solar energy production systems within the entire Town. The removal reduction provision of this chapter shall supersede any inconsistent portions of Town Law § 64, Subdivision 5-a, and govern the subject of removal of commercial solar energy production systems in this chapter. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any, court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. I do have an affidavit that this public hearing was advertised in the Suffolk Times, also in the Town Clerk's office, website and bulletin board. I do have a memorandum from the Planning Board office that supports this code amendment. A letter from the Suffolk County Department of Economic Development and Planning that this is a matter for local determination. And that is it. SUPERVISOR RUSSELL: Would anybody like to address the Town Board on this particular local law? (No response). RESULT: CLOSED [UNANIMOUS] MOVER: Robert Ghosio, Councilman SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Russell ABSENT: Louisa P. Evans Set Public Hearing- Carnation Properties Dev Rights Easement COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, May 22, 2018, at 4:32 p.m., Southold Town Hall, 53095 Main Road, Southold,New York as the time and place for a public hearing for the purchase of a development rights easement on property owned by Carnation Properties, Inc. Said property is identified as part of SCTM #1000-109.-1-10.1. The address is 23195 NYS Route 25 in Cutchogue. The property is located in the Agricultural- Conservation (A-C) Zoning District and is situated on the northerly side of NYS Route 25 approximately 1482 feet west of Alvah's Lane in Cutchogue, New York. The proposed Southold Town Board Regular Meeting May 22, 2018 page 81 acquisition is for a development rights easement on a part of the property consisting of approximately 51.6 acres (subject to survey) of the 53.472 acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The easement will be acquired using Community Preservation Funds. The purchase price is $62,790.00 (sixty-two thousand seven hundred ninety dollars) per buildable acre, estimated at $3,239,964.00 (three million two hundred thirty-nine thousand nine hundred sixty four dollars) for the 51.6± acre easement. Purchase price will be adjusted at time of closing based on final survey acreage determination, plus acquisition costs. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural and aquifer recharge area values. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. I have an affidavit that this was published on the Town Clerk's website and bulletin board. I also have a letter that this has been advertised in the Suffolk Times. I have a memorandum from the Planning Board Office that there is a negative declaration for a'SEQRA review and LWRP letter that the proposed action is consistent with the policy standards and therefore is consistent with the LWRP. That's it. SUPERVISOR RUSSELL: I would invite anybody that would like to address the Town Board on this particular local law to please feel free? COUNCILMAN GHOSIO: Typically Melissa Spiro would be here to make the presentation. As you can see, we have got a copy of the map here. I am going to speak for her, she did send me some information. As noticed, this public hearing is for the town to acquire development rights easement for agricultural purposes using community preservation funds. The farm is shown outlined in red on the map. The white labels indicate farms protected by either the town or county farmland programs. As indicated, on the map all but two plus or minus acre area around the existing house and barn will be subject to the town developments right easement. The two acres has been designed as a development area for the farm and will remain part of the farm and linked to the area subject to the easement. The farm includes over 98 percent of prime agricultural soils. It is adjacent to over 60 acres of preserved lands and within a mile radius of the farm there are 39 protected farms totaling over 960 acres. The land preservation committee makes recommendations to the town board regarding agricultural properties for preservation. Preservation of this farm is supported by the Land Preservation Committee and the Committee recommended that the Town Board proceed with this project as proposed. That's all I have. SUPERVISOR RUSSELL: Would anyone else like to address the Town Board? Southold Town Board Regular Meeting May 22, 2018 page 82 COUNCILMAN RULAND: Yes, I would be remiss if I didn't address the Town Board. Certainly when you look at the map and I know it's very difficult to see the map when you are in the audience and putting it in perspective to where we are but traveling along Route 25,,when we look at the amount of acreage of farmland that has been preserved, this while the depth of scope of this farm is hard to understand because it appears so small on the map, it's a large parcel and between the railroad and Route 25 it certainly is a prime piece of as Bob said, good soils_and we certainly are appreciative that the owner has chosen to offer this to the town. RESULT: CLOSED [UNANIMOUS] MOVER: Robert Ghosio, Councilman SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Russell ABSENT: Louisa P. Evans Special Event Appeal - 8 Hands COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold hereby sets Tuesday, May 22, 2018 at 4:33 P.M. at the Southold Town Meeting Hall 53095 Main Road, Southold,New York 11971 as the time and place for a public hearing upon the Appeal of the denial to hold a Special Event of the 8 Hands Farm located at 4375 Cox Lane, Cutchogue,New York. That's all I have. SUPERVISOR RUSSELL: Would anybody like to address the Town Board on this particular public hearing? (No response) RESULT: CLOSED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER:Robert Ghosio, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Russell ABSENT: Louisa P. Evans Closing Comments Supervisor Russell SUPERVISOR RUSSELL: That completes the business of the agenda. Would anybody like to address the Town Board on any issue? Salvatore Agosta SALVATORE AGOSTA: Hi, my name is Salvatore Agosta, I would like to talk to you about the new code at the boat ramp situation. SUPERVISOR RUSSELL: Sure. MR. AGOSTA: I think we need to have a re-look at that and make it go to the boat or to issue a permit to a hauler because with three local haulers, it's kind of hard to get your boat in and out of the water. Southold Town Board Regular Meeting May 22, 2018 page 83 SUPERVISOR RUSSELL: I would agree. We just set a special meeting of the Board this Thursday, what the Board agreed to do today was to have the meeting Thursday, adopt a resolution that has to go for public hearing. Unfortunately, we have to go through that process but we are going to expedite it as quickly as we can. That would establish basically a launch permit for out of town haulers. It would be basically the boat owner applying for the permit because they can verify their residency and the boat, the identification of the boat. And it would be a single use launch permit. It's a stop gap method to get the haulers to be able to use them. When the season is passed, I don't, you know, there's not enough time to do a wholesale amendment of the code because we are trying to get these out so people can get these boats in the water quickly. Let's get through this stop gap measure, it will get the out of town haulers access to the ramps and then in the fall we'll sit down, take a look at the whole code. Maybe there's some things that need to be tweaked. Obviously a provision like this should be part of the regular body of the code, I don't think it was the intent of the Board to basically deny access to local residents boats. One of the problems we were having was the west haulers were using those local ramps and putting the boats in and bringing them to the south fork. So that was really what our goal was, it wasn't our intent to make you go locally, spend a lot of money if you could find a hauler that was even available. So we are going to mitigate that with a meeting on Thursday. MR. AGOSTA: Okay. Supervisor Russell SUPERVISOR RUSSELL: Okay? No problem. Would anyone else like to address the Town Board on any issues? (No response) Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 5:15 P.M. Lynda M Rudder Southold Deputy Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Robert Ghosio, Councilman SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Russell ABSENT: Louisa P. Evans