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Home My WebLink AboutTB-11/01/2022 DENIS NONCARROW �pSOFFOI Town Hall, 53095 Main Road TOWN CLERK ��o wry PO Box 1179 ti Southold,NY 11971 REGISTRAR OF VITAL STATISTICS py r e Fax(631)765-6145 MARRIAGE OFFICER '�'4� yaQ Telephone: 631-765-1800 RECORDS MANAGEMENT OFFICER southoldtown.northforlc.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD SOUTHOLD TOWN BOARD REGULAR MEETING November 1, 2022 7:00 PM A Regular Meeting of the Southold Town Board was held Tuesday,November 1, 2022 at the Meeting Hall, Southold,NY. Call to Order 7:00 PM Meeting called to order on November 1, 2022 at Meeting Hall, 53095 Route 25, Southold,NY. Attendee Name Organization Title Status Arrived Sarah E. Nappa Town of Southold Councilwoman Present Greg Doroski Town of Southold Councilman Present Brian O. Mealy Town of Southold Councilman Present Jill Doherty Town of Southold Councilwoman Present Louisa P. Evans Town of Southold Justice Remote Scott A. Russell Town of Southold Supervisor Present I. Reports 1. Department of Public Works Monthly Reports IL Public Notices III. Communications IV. Discussion 1. OPEN SESSION -9:00 AM- Southold Justice Review & Reform Task Force 2. 10:00 AM- Community Housing Fund Board - Continued Discussion from 10/18 3. 10:30 AM-Dan Goodwin, Superintendent of Highways Page 1 November 1, 2022 Southold Town Board Board Meeting 4. 11:00 AM- Supervisor Russell with Mayor George W. Hubbard, Jr. and Paul Pallas,Village Administrator 5. 11:30 AM-Jim Bunchuck, Solid Waste Coordinator 6. John Burke,Deputy Town Attorney 7. John Burke,Deputy Town Attorney 8. EXECUTIVE SESSION- Labor- Matters Involving the Employment of a Particular Person(S) 9. EXECUTIVE SESSION- Matters that Could Impact Public Security 10. EXECUTIVE SESSION- Potential Acquisition(S), Sale or Lease of Real Property Where Publicity Would Substantially Affect the Value Thereof V. Resolutions 2022-868 CATEGORY.• Audit DEPARTMENT. Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated November, 1st, 2022. ✓Vote Record-Resolution RES-2022-868 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ withdrawn Sarah E.Nappa Voter Q El El El ❑ Supervisor's Appt Greg Doroski Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Brian O.Mealy Voter 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2022-869 CATEGORY.• Set Meeting DEPARTMENT. Town Clerk Page 2 November 1, 2022 Southold Town Board Board Meeting Set Next Town Board Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, November 15th at the Southold Town Hall Southold New York at 4:30 P. M.. ✓Vote Record-Resolution RES-2022-869 Rl Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Sarah E.Nappa Seconder 0 ❑ ❑ ❑ ❑ Supervisor's Appt Greg Doroski Voter ❑✓ ❑ ❑ ❑ ❑ Tax Receiver's Appt Brian O.Mealy Voter ❑✓ ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Mover Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter El ❑ ❑ ❑ ❑ No Action ❑ Lost 2022-776 Tabled 912012022 4:30 PM, 101412022 7:00 PM, 1 011 812 022 4:30 PM CATEGORY.• Budget Modification DEPARTMENT: Accounting Amend 2022 Budget Modification: SWMD Financial Impact: Increase bugdet for major grinder repair RESOLVED that the Town Board of the Town of Southold hereby modifies the 2022 Solid Waste Management District budget as follows: Increase Revenues: SR.5990.00 Appropriated Fund Balance $ 8 988 $50,000 Total $ 50,000 $50,000 Increase Appropriations: SR.8160.4.400.664 Repairs, Morbark Grinder 8 988 $50,000 Total -$-�0;998 $50,000 ✓Vote Record-Resolution RES-2022-776 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Sarah E.Nappa Seconder Q ❑ ❑ ❑ ❑ Defeated Greg Doroski Voter 121 ❑ ❑ ❑ ❑ Tabled Brian O.Mealy Mover Q ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Voter Q ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P.Evans Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A.Russell Voter Q ❑ ❑ ❑ Page 3 November 1, 2022 Southold Town Board Board Meeting ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2022-777 Tabled 912012022 4:30 PM, 101412022 7:00 PM, 1 011 812 022 4:30 PM CATEGORY.• Bid Acceptance DEPARTMENT: Solid Waste Management District Bid Acceptance: SWMD Grinder Repairs Financial Impact: Authorizes funding for repairs to SWMD grinder. RESOLVED that the Town Board of the Town of Southold hereby amends resolution#2022- 777, to read as follows: RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Suffolk County Brake Service to provide necessary labor and materials for the preparation of an estimate to repair the Solid Waste Management District's horizontal wood waste grinder in accordance with specifications authorized by the Town Board on August 23, 2022, and as submitted in their bid of September 15, 2022, subject to approval of the Town Attorney, and funded through account SR.8160.4.400.664 as approved by the Town Comptroller. The Town Board shall approve any estimate prior to commencement of repairs. ✓Vote Record-Resolution RES-2022-777 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Sarah E.Nappa Mover Q ❑ ❑ ❑ ❑ withdrawn ❑ Supervisor's Appt Greg Doroski Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Brian O.Mealy Voter 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Seconder Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter CAI ❑ ❑ ❑ ❑ No Action ❑ Lost 2022-870 CATEGORY. Special Events DEPARTMENT: Town Clerk Page 4 November 1, 2022 Southold Town Board Board Meeting Special Event 2022-50/Sage Basin Partners. RESOLVED that the Town Board of the Town of Southold hereby grants permission to Sage Basin Partners, LLC, D.B.A. Brick Cove Marine , to hold Special Event 2022-50 at the Brick Cove Marina , 1760 Sage Blvd, Southold, New York as applied for in Application SBP3a for Slow Food East End 501c3 Annual Board Meeting on November 6, 2022 from 1PM to 4PM. All parking must be contained on site. Provided they adhere to all conditions on the application, the permit and to the Town of Southold Policy for Special Events and subject to the applicant's compliance with all executive orders of the State of New York. This permit is subject to revocation if the applicant fails to comply with any of the conditions of the approval or is unable to properly control traffic flow into and out of the event. ✓Vote Record-Resolution RES-2022-870 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye___ No/Nay Abstain Absent ❑ Tabled El Withdrawn Sarah E.Nappa___ Voter Q El El Greg Doroski Seconder Q El El ❑ El Supervisor's Appt �...... �....... ❑ Tax Receiver's Appt Brian O.Mealy Voter Q ❑ ❑ ❑ ❑ Rescinded Jill Doherty Mover Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter Q ❑ ❑ ❑ ❑ No Action �....... ❑ Lost 2022-871 CATEGORY.• Special Events DEPARTMENT. Town Clerk Special Event 2023-2 the Old Town Farm LLC. RESOLVED that the Town Board of the Town of Southold hereby grants permission to The Old Town Farm LLC, to hold Special Event 2023-2 at the Old Town Farm, 2355 Main Bayview RD, Southold,New York as applied for in Application OTF2a-d for Private family weddings on May 27, 2023, September 9, 2023, September 23, 2023 and September 30, 2023 from 4PM to 1 OPM. All parking must be contained on site. Provided they adhere to all conditions on the application,permit and to the Town of Southold Policy for Special Events. This permit is subject to revocation if the applicant fails to comply with any of the conditions of the approval or is unable to properly control traffic flow into and out of the event. ✓Vote Record-Resolution RES-2022-871 Q Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Sarah E.Nappa Seconder ❑✓ ❑ ❑ ❑ ❑ Defeated Greg Doroski Mover ❑✓ ❑ ❑ ❑ ❑ Tabled Brian O.Mealy Voter Q....... ❑.................❑........................... ❑ Withdrawn Jill Doherty Voter Q ❑ ❑ ❑ Page 5 November 1, 2022 Southold Town Board Board Meeting ❑ Supervisor's Appt Louisa P.Evans Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A.Russell Voter ❑ 0 ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2022-872 CATEGORY.• Public Service DEPARTMENT. Highway Department 2022 Fall Clean Up RESOLVED by the Town Board of the Town of Southold that the Highway Department Fall CLEANUP is limited to LEAVES ONLY (which are to be placed in biodegradable brown paper bags) and will commence on Monday, November 14, 2022 at ORIENT POINT and ending in LAUREL; be it further RESOLVED that during the 2022 Fall Cleanup, neither BRUSH nor BRANCHES will be removed. Therefore, they should NOT be placed in the Town right-of-way until after the Spring cleanup is announced; be it further RESOLVED that the Fishers Island Fall Cleanup will also commence on Monday,November 14th, 2022. ✓Vote Record-Resolution RES-2022-872 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Sarah E.Nappa Voter Q ❑ El El ❑ Supervisor's Appt Greg Doroski Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Brian O.Mealy Seconder 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2022-873 CATEGORY.• Budget Modification DEPARTMENT. Police Dept Page 6 November 1, 2022 Southold Town Board Board Meeting 2022 Budget Modification-Police Department Financial Impact: Repairs and winterization of marine vessels RESOLVED that the Town Board of the Town of Southold hereby modifies the 2022 General Fund Whole Town bud1jet as follows: From: A.3130.2.500.200 Bay Constable/Equip/Other Equip/Radio $475.00 A.3130.4.100.500 BC/CE/Supp & Materials/Equip Parts $1,425.00 TOTAL $1,900.00 To: A.3130.4.400.650 BC/CE/Contracted Serv/Veh Maint & Repairs $1,900.00 TOTAL $1,900.00 ✓Vote Record-Resolution RES-2022-873 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Sarah E.Nappa Seconder Q ❑ ❑ ❑ ❑ Supervisor's Appt Greg Doroski Voter Q ❑ ❑ ❑ El Tax Receiver's Appt Brian O.Mealy Mover Q El El ❑ Rescinded Jill Doherty Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter ❑✓ ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter Q ❑ ❑ ❑ ❑ No Action �. ❑ Lost 2022-874 CATEGORY. Budget Modification DEPARTMENT. Solid Waste Management District 2022 Budget Modification: SWMD Financial Impact: Provides funding for replacement of broken storm drains; re-set of Volvo 2 emissions system. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2022 Solid Waste Management District budget as follows: From SR 8160.4.100.610 Maint/Supply Forklift $ 750 Page 7 November 1, 2022 Southold Town Board Board Meeting SR 8160.4.400.125 Compost Analysis Services 750 SR 8160.4.400.824 Clean Paper Recycling Fees 1,200 Total $2,700 To: SR 8160.4.100.800 Maint—Facilities/Grounds $1,500 SR 8160.4.400.653 Repairs—New Volvo 2 1,200 Total $2,700 ✓Vote Record-Resolution RES-2022-874 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled .. .................. .... .... .. .... El Withdrawn Sarah E.Nappa Mover Q ❑ ❑ ❑ ❑ Supervisor's Appt Greg Doroski Voter Q ❑ ❑ ❑ El Tax Receiver's Appt Brian O.Mealy Seconder Q El El ❑ Rescinded Jill Doherty Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter Q ❑ ❑ ❑ ❑ No Action �....... ❑ Lost 2022-875 CATEGORY.• Employment- Town DEPARTMENT: Accounting Acknowledges Retirement ofMichael Franco WHEREAS, the Town of Southold has received notification on October 24, 2022 from the NYS Retirement System concerning the retirement of Michael Franco effective January 3, 2023 and has forwarded the same notification on October 24, 2022 to the Fishers Island Ferry District, and WHEREAS, the Town Board of the Town of Southold is required to approve the retirement of employees of the Fishers Island Ferry District, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby acknowledges the retirement of Michael Franco from the position of Marine Mechanic of the Fishers Island Ferry District effective January 3, 2023. ✓Vote Record-Resolution RES-2022-875 Q Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Sarah E.Nappa Voter Q ❑ ❑ ❑ ❑ Defeated Greg Doroski Seconder Q ❑ ❑ ❑ ❑ Tabled Brian O.Mealy Voter ❑✓ ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Mover Q ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P.Evans Voter Q ❑ ❑ ❑ Page 8 November 1, 2022 Southold Town Board Board Meeting ❑ Tax Receiver's Appt Scott A.Russell Voter Q ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2022-876 CATEGORY.• Employment- Town DEPARTMENT. Accounting Accepts Resignation of Christopher Witczak RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Christopher Witczak from the position of Full Time Public Safety Dispatcher I for the Police Department effective December 8, 2022. ✓Vote Record-Resolution RES-2022-876 Q Adopted ❑ Adopted as Amended ❑ Defeated ............... Yes/Aye No/Nay Abstain Absent ❑ Tabled .. .. .... ..... .... ................... ❑ Withdrawn Sarah E.Nappa Seconder Q ❑ ❑ ❑ ❑ Supervisor's Appt Greg Doroski Mover Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Brian O.Mealy Voter Q ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2022-877 CATEGORY.° Employment- Town DEPARTMENT. Accounting Retirement Resolution for Elected Officials Whereas, the Town Board of the Town of Southold approved Resolution 2022-614 on July 19, 2022 establishing the standard workday for the Town Assessor position and the days to be reported for Assessors Sanders and Webster, Whereas, the current duties and days to be reported as calculated by the most recent record of activities indicates that the same days should have been reported in their previous record of activities, therefore Page 9 November 1, 2022 Southold Town Board Board Meeting It is resolved that the Town Board of the Town of Southold authorizes any and all adjustments to be made with the NYS Retirements stem for said employees. ✓Vote Record-Resolution RES-2022-877 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Sarah E.Nappa Voter Q ❑ ❑ ❑ ❑ Supervisor's Appt Greg Doroski Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Brian O.Mealy Voter ❑✓ ❑ ❑ ❑ ❑ Rescinded Jill Doherty Seconder ❑✓ ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Mover Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2022-878 CATEGORY.• Contracts, Lease &Agreements DEPARTMENT. Engineering Change Order#1 W/L.K. McLean Associates, P.C. -Drainage Surveying Financial Impact: There is sufficient existing budget in K8540.2.100.150 to cover this change order RESOLVED that the Town Board of the Town of Southold hereby approves Change Order#1 to the contract for Drainage Surveying with L.K. McLean Associates, P.C. in the net amount of $2,010.00, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2022-878 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Sarah E.Nappa Seconder Q ❑ El El�...... ❑ Supervisor's Appt Greg Doroski Voter Q ❑ El ❑ ❑ Tax Receiver's Appt Brian O.Mealy 11 M 11 ov 11 er Q ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter Q ❑ El El El Town Clerk's Appt Louisa P.Evans Voter Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2022-879 CATEGORY.• Budget Modification Page 10 November 1, 2022 Southold Town Board Board Meeting DEPARTMENT. Engineering 2022 Budget Modification- FISD Financial Impact: Increase Fishers Island Sewer District Budget RESOLVED that the Town Board of the Town of Southold hereby increases and modifies the 2022 Fishers Island Sewer District Budget as follows: Increase Revenues: SS2.5990.00 APPROPRIATED FUND BALANCE $ 7,000 Increase Appropriations: SS2.8120.4.400.300 SYSTEM MAINTENANCE/REPAIR $ 7,000 ✓Vote Record-Resolution RES-2022-879 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Sarah E.Nappa___ Mover El ❑ ❑ ❑ ❑ Supervisor's Appt Greg Doroski Voter El ❑ ❑ ❑ ❑ Tax Receiver's Appt Brian O.Mealy Seconder El ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter El ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2022-880 CATEGORY.• Attend Seminar DEPARTMENT. Recreation Attend Eastern Suffolk Recreation Supervisor Meeting RESOLVED that the Town Board of the Town of Southold hereby grants permission to Recreation Supervisor Janet Douglass to attend the Recreation Directors Roundtable meeting tentatively scheduled for November 16, 2022, at a restaurant, to be determined, in Eastern Suffolk. All expenses to be a legal charge to the 2022 Recreation Department budget, meetings and seminars, A.7020.4.600.200. ✓Vote Record-Resolution RES-2022-880 0 Adopted Yes/Aye No/Nay Abstain Absent El Adopted as Amended ❑ Defeated Sarah E.Nappa Voter .10 ❑ ❑ ❑ ❑ Tabled Greg Doroski Seconder 10 ❑ ❑ ❑ ❑ Withdrawn Brian O.Mealy Voter 10 ❑ ❑ ❑ Page 11 November 1, 2022 Southold Town Board Board Meeting ❑ Supervisor's Appt Jill Doherty 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 2022-881 CATEGORY.• Advertise DEPARTMENT. Human Resource Center Permission to Advertise to Fill Current PT Vacancies in Senior Services Programs at the HRC. RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for 1 week for the following part time positions for Senior Services Programs at the Southold Town Human Resource Center: - Mini Bus Driver(CDL) at the hourly rate of$19.79 for 17.5 hours per week. - Therapeutic Activities Worker at the hourly rate of$20.64 for 17.5 hours per week. ✓Vote Record-Resolution RES-2022-881 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ withdrawn Sarah E.Nappa Voter 0 ❑ El El ❑ Supervisor's Appt Greg Doroski Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Brian O.Mealy Seconder 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ i�'3' Pp Sup t H s Appt Scott A.Russell Voter 0 ❑ El El ❑ No Action ❑ Lost 2022-882 CATEGORY.° Refund DEPARTMENT. Town Clerk Clean Up Deposit Returns WHEREAS the following groups have supplied the Town of Southold with a Clean-up Deposit for their events and RESOLVED that Town Board of the Town of Southold hereby authorizes a refund be issued in to the following: Page 12 November 1, 2022 Southold Town Board Board Meeting Name Date Received Amount Walter Sledge 8/31/22 $250.00 Matt- Cutch Cub Scout Pack 39 PO Box 503 Mattituck, NY 11952 Bob Kuhne 5/16/22 $250.00 Old Town Arts & Crafts Guild PO Box 392 Cutcho ue,NY 11935 ✓Vote Record-Resolution RES-2022-882 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Sarah E.Nappa___ Voter. Q ❑ ❑ ❑ ❑ Supervisor's Appt Greg Doroski Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Brian O.Mealy Seconder Q ❑ ❑ ❑ ❑ Rescinded Till Doherty Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa --Evans Mover ,.........Q....... ......❑..................❑........ .......❑...... ❑ Supt Hgwys Appt Scott A.Russell Voter Q ❑ ❑ ❑ ❑ No Action �. ❑ Lost 2022-883 CATEGORY.• Contracts, Lease&Agreements DEPARTMENT: Town Attorney MOA Dated 10121122 Financial Impact: agreement RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the Memorandum of Agreement between the Town of Southold and Employee 94925 dated October 21, 2022 between CSEA Local 852, Unit 8785 and the Town of Southold and authorizes and directs Supervisor Scott A Russell to execute said Memorandum of Agreement between the parties. ✓Vote Record-Resolution RES-2022-883 Q Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated Sarah E.Nappa Seconder Q ❑ ❑ ❑ ❑ Tabled Greg Doroski Voter Q ❑ ❑ ❑ Page 13 November 1, 2022 Southold Town Board Board Meeting ❑ Withdrawn Brian O.Mealy Mover Q ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P.Evans Voter Q ❑ ❑ ❑ ❑ Rescinded Scott A.Russell Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2022-884 CATEGORY.• Authorize to Bid DEPARTMENT: Town Clerk 2023 Yearly Town Bids RESOLVED that the Town Board of the Town of Southold herebv authorizes and directs the Town Clerk to advertise for bids for the following items for 2023: Bulk Sand for the Highway Department Road Treatment Milk for the Human Resource Center Cleaning of Police Department Uniform Clothing Scrap Tire Removal ✓Vote Record-Resolution RES-2022-884 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ..... .................. .... .... ............ .... Sarah E.Nappa Mover Q ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt Greg Doroski Voter Q El El ❑ ❑ Tax Receiver's Appt Brian O.Mealy Seconder Q ❑ ElEl❑ Rescinded Jill Doherty Voter Q El ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter Q ❑ ❑ ❑ ❑ No Action �....... ❑ Lost 2022-885 CATEGORY.• Budget Modification DEPARTMENT: Accounting 2022 Budget Modification- Town Board Financial Impact: Increase IT budget for Cloud Storage Page 14 November 1, 2022 Southold Town Board Board Meeting RESOLVED that the Town Board of the Town of Southold hereby modifies the 2022 General Fund Whole Town Budget as follows: From: A.1990.4.100.100 Unallocated Contingencies $2,000 Total $2,000 To: A.1680.4.400.558 IT, Software Maintenance $2,000 Total $2,000 ✓Vote Record-Resolution RES-2022-885 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Sarah E.Nappa Voter Q ❑ ❑ ❑ ❑ Supervisor's Appt Greg Doroski Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Brian O.Mealy Seconder Q ❑ ❑ ❑ ❑ Rescinded Till Doherty Mover Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2022-886 CATEGORY.• Organizational DEPARTMENT. Accounting Amend Resolution 2022-16 Organizational Petty Cash RESOLVED that the Town Board of the Town of Southold hereby amends resolution 2022-16, adopted at the January 4, 2022 Organizational meeting to read as follows: RESOLVED that pursuant to Section 64(1-a) of the Town Law, a petty cash fund is hereby established in the following amounts for the following individuals: Solid Waste Coordinator James Bunchuck 850.00 Town Clerk Denis Noncarrow 500.00 Receiver of Taxes Kelly Fogarty 500.00 Deputy Town Attorney John Burke 250.00 Supervisor Scott Russell 300.00 Justice Court Director Leanne Reilly 200.00 Chief of Police Martin Flatley 200.00 Page 15 November 1, 2022 Southold Town Board Board Meeting Senior Citizen Program Supervisor Jacqui Martinez or Director of Human Services, Karen McLaughlin 200.00 Adult Day Care Supervisor Shatina Jayne 100.00 Recreation Supervisor Janet Douglass 100.00 Building Maintenance Supervisor Timothy Abrams 100.00 ✓Vote Record-Resolution RES-2022-886 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Sarah E.Nappa Voter Q ❑ ❑ ❑ ❑ Supervisor's Appt Greg Doroski Mover ❑✓ ❑ ❑ ❑ ❑ Tax Receiver's Appt Brian O.Mealy Seconder Q ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter Q ❑ ❑ ❑ Scott A.Russell Voter Q El El ElEl SuptHgwysAppt �....... ❑ No Action ❑ Lost 2022-887 CATEGORY.° Close/Use Town Roads DEPARTMENT. Town Clerk Mattituck Lions Club Halloween.Parade RESOLVED that the Town Board of the Town of Southold hereby ratifies a resolution granting permission to the Mattituck Lions Club for its Annual Halloween Parade in Mattituck, on Monday, October 31, 2022 beginning at 6:00 PM,provided they adhere to the Town of Southold Policy for Special Events on Town Properties and Roads. All Town fees for this event, with the exception of the Clean-up Deposit, are waived. ✓Vote Record-Resolution RES-2022-887 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Sarah E.Nappa Voter Q ❑ ❑ ❑ El Supervisor's Appt Greg Doroski Voter Q ❑ El El ❑ Tax Receiver's Appt Brian O.Mealy Seconder Q ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Mover Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost Page 16 November 1, 2022 Southold Town Board Board Meeting 2022-888 CATEGORY.• Ratify Fishers Island Reso. DEPARTMENT: Town Clerk FIFD 10124122 Meeting Resolution Ratifications RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolutions of the Fishers Island Ferry District Board of Commissioners dated October 24, 2022 meetings, as follows: FIFD Resolution# Regarding 2022 - 171 Legal Stipulation Agreement 2022 - 173 PVA Conference 2022 - 174 Race Point Yard Package ✓Vote Record-Resolution RES-2022-888 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Sarah E.Nappa Seconder Q ❑ ❑ ❑ ❑ Supervisor's Appt Greg Doroski Voter Q El El ❑ Tax Receiver's Appt Brian O.Mealy Mover Q ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter Q....... ❑.................❑...... ❑..... ❑ Supt Hgwys Appt Scott A.Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2022-889 CATEGORY.° Employment- Town DEPARTMENT: Accounting Appoint Jacqueline Martinez Senior Citizens Program Director RESOLVED that the Town Board of the Town of Southold hereby appoints Jacqueline Martinez to the position of Senior Citizens Program Director effective November 3, 2022 at a salary of$125,000.00 per annum. ✓Vote Record-Resolution RES-2022-889 Q Adopted Yes/Aye No/Nay Abstain Absent El Adopted as Amended El Defeated Sarah E.Nappa Mover Q ❑ ❑ ❑ ❑ Tabled Greg Doroski Voter Q ❑ ❑ ❑ Page 17 November 1, 2022 Southold Town Board Board Meeting ❑ Withdrawn Brian O.Mealy Seconder Q ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P.Evans Voter Q ❑ ❑ ❑ ❑ Rescinded Scott A.Russell Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2022-890 CATEGORY.• Legal DEPARTMENT. Town Clerk Rescind Resolidion #2022-810 Resolved that the Town Board of the Town of Southold hereby rescinds resolution 2022-810 adopted at the October 4, 2022 regular Town Board meeting, in its entirety, which read as follows: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 4th day of October, 2022, a Local Law entitled"A Local Law in relation to an Amendment to Chapter 260-8, Parking prohibited at all times" now therefor be it RESOLVED 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 15th day of November, 2022 at 4:30 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 260-8, Parking prohibited at all times" reads as follows: LOCAL LAW NO. 2022 A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 260-8, Parking prohibited at all times". 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. 11. Chapter 260 of the Code of the Town of Southold is hereby amended by removing the struck through portions and adding the underlined portions as follows: Page 18 November 1, 2022 Southold Town Board Board Meeting § 260-8 Parking prohibited at all times. The parking of vehicles is hereby prohibited at all times in any of the following locations and at any other location where signage indicates "no parking": Name of Street Side Location Horton's Lane Both From the intersection with Majors Path West, than north to the right hand side of the Town Beach Parking Lot entrance. 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-2022-890 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled .... . ❑ Withdrawn Sarah E.Nappa Seconder El El El ❑ ❑ Supervisor's Appt Greg Doroski Voter El ❑ ❑ ❑ ❑ Tax Receiver's Appt Brian O.Mealy Voter El ❑ ❑ ❑ ❑ Rescinded Jill Doherty Mover El ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 10 ❑ ❑ ❑ ❑ No Action ❑ Lost 2022-891 CATEGORY.• Local Law Public Hearing DEPARTMENT: Town Clerk PH 11115 4:30 Pm-LL Chap 189 260 McCabes WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 1st day of November, 2022, a Local Law entitled "A Local Law in relation to Amendments to Chapter 189, Parking, and Chapter 260, Vehicles and Traffic in connection with Parking on North Sea Drive and Hortons Lane in the hamlet of Southold" 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 15t' Page 19 November 1, 2022 Southold Town Board Board Meeting day of November, 2022 at 4:30 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 189, Parking, and Chapter 260, Vehicles and Traffic in connection with Parking on North Sea Drive and Hortons Lane in the hamlet of Southold" which reads as follows: LOCAL LAW NO. 2022 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 189, Parking, and Chapter 260, Vehicles and Traffic in connection with Parking on North Sea Drive and Hortons Lane in the hamlet of Southold." BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose The Purpose of the amendment is to improve safety for emergency vehicles,pedestrian and passenger vehicles, as well as dealing with impacts to the public's health, safety and welfare resulting from vehicles parking and standing on a portion of North Sea Drive in the hamlet of Southold. II. Amendment. The Southold Town Code is hereby amended by removing the struck through words as follows: CHAPTER 189 - Parking §189-2 Designation of areas requiring parking permits. B. The following road end areas are hereby designated as Town of Southold "Parking by Southold Town Permit Only" area: (22)North Sea Drive, Long Island Sound, Southold, along bath the south side from the intersection with Horton's Lane west for a distance of 820 feet. CHAPTER 260 - Vehicles and Traffic §260-8 Parking prohibited at all times. Hortons Lane East In Southold, from the intersection with Soundview Avenue northwesterly to the terminus of Hortons Lane North Sea Drive North In Southold, from the exit of the McCabe's Beach Parking Lot southwesterly to the terminus of Hortons Lane III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any Page 20 November 1, 2022 Southold Town Board Board Meeting 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-2022-891 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ withdrawn Sarah E.Nappa Seconder Q ❑ ❑ ❑ ❑ Supervisor's Appt Greg Doroski Mover Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Brian O.Mealy Voter Q ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter Q ❑ ❑ ❑ ❑ No Action �. ❑ Lost 2022-892 CATEGORY.° Employment- Town DEPARTMENT. Accounting Amend Resolution Number 2022-468 RESOLVED that the Town Board of the Town of Southold hereby amends Resolution Number 2022-468 to read as follows: WHEREAS, the Town of Southold has received notification on September 5, 2022 from the NYS Retirement System concerning the retirement of Christopher Newell effective November 2, 2022 and has forwarded the same notification on October 20, 2022 to the Fishers Island Ferry District, and WHEREAS, the Town Board of the Town of Southold is required to approve the retirement of employees of the Fishers Island Ferry District,now therefore be it RESOLVED that the Town Board of the Town of Southold hereby acknowledges the retirement of Christopher Newell from the position of Ferry Captain of the Fishers Island Ferry District effective November 2, 2022. ✓Vote Record-Resolution RES-2022-892 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Sarah E.Nappa Voter Q ❑ ❑ ❑ ❑ Defeated Greg Doroski Voter 10 ❑ ❑ ❑ Page 21 November 1, 2022 Southold Town Board Board Meeting ❑ Tabled Brian O.Mealy Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P.Evans Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt H�vys Appt ❑ No Action ❑ Lost 2022-893 CATEGORY.• Employment-FIFD DEPARTMENT: Accounting Approve Resolution Number 2022-172 Whereas Captain Christopher Newell wishes to change his working status from full-time to part-time; and Therefore it is RESOLVED that effective November 2, 2022 Christopher Newell has retired from his full- time Captain FIFD) position and on November 3, 2022 is appointed as a part-time Captain (FIFD) at his current rate. ✓Vote Record-Resolution RES-2022-893 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Sarah E.Nappa Seconder 0 ❑ El El ❑ Withdrawn ... ... .... ❑ Supervisor's Appt Greg Doroski Voter 0 El ❑ ❑ ❑ Tax Receiver's Appt Brian O.Mealy Mover 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2022-894 CATEGORY.° Legal DEPARTMENT: Town Clerk PH 11115 4:30 Pm LL Chapter 189 260 Duck Pond WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 1st day of November, 2022, a Local Law entitled"A Local Law in Page 22 November 1, 2022 Southold Town Board Board Meeting relation to Amendments to Chapter 189, Parking and Chapter 260,Vehicles and Traffic, in connection with Parking on Duck Pond Road in the hamlet of Cutchogue" 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 15th day of November, 2022 at 4:30 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 189, Parking and Chapter 260,Vehicles and Traffic,in connection with Parking on Duck Pond Road in the hamlet of Cutchogue" which reads as follows: LOCAL LAW NO. 2022 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 189, Parking and Chapter 260, Vehicles and Traffic, in connection with Parking on Duck Pond Road in the hamlet of Cutchogue" BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose The Purpose of the amendment is to improve safety for emergency vehicles,pedestrian and passenger vehicles, as well as dealing with impacts to the public's health, safety and welfare resulting from vehicles parking and standing on a portion of Duck Pond Road in the hamlet of Cutchogue. II. Amendment. The Southold Town Code is hereby amended by removing the struck through words and adding the underlined words as follows: CHAPTER 189 - Parking §189-2 Designation of areas requiring parking permits. B. The following road end areas are hereby designated as Town of Southold "Parking by Southold Town Permit Only" area: (56) Dttek Pend Read, hang island > Gutehogue, along both sides f+offl the guafdfail at t CHAPTER 260 - Vehicle and Traffic § 260-8 Parking prohibited at all times. Duck Pond Road Both Sides In Cutchogue, from the guardrail at the northerly terminus southerly for a distance of 400 feet Page 23 November 1, 2022 Southold Town Board Board Meeting § 260-9 Parking prohibited during certain hours. at the nat4hefly tetffliftuR „t-he-Fly f r a disc nee f 400 feet o, at the tiefthefly tefffiifFdS- „t-hefly f r a disc nee f 400 root 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-2022-894 ❑ Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Sarah E.Nappa Mover El Withdrawn El El El El Greg ❑ Supervisor's Appt Doroski Voter Q ❑ El ❑ ❑ Tax Receiver's Appt Brian O.Mealy Voter Q ❑ El ❑ ❑ Rescinded Jill Doherty Seconder Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2022-895 CATEGORY.° Employment- Town DEPARTMENT. Accounting NYS Employees Retirement System RESOLVED that the Town Board of the Town of Southold hereby establishes the following as standard workdays for elected and appointed officials and will report the following days worked to the New York State and the Local Employees' Retirement System based on the record of activities maintained and submitted by these officials to the clerk of this body: Title Name Term Begins/Ends I Participates I Days/ Tier 1 Not Page 24 November 1, 2022 Southold Town Board Board Meeting Standard in Employer's Months (Check Submitted Work Time (based on only if (Check box if Day Keeping Records member no record of (Hrs/day System(Y/N) of is in Tier activities Activities) 1) completed or timekeeping system) Town Board Council Member Greg Doroski 6 1/l/2022-12/31/25 N 8.61 Town Board Council Member Brian Mealy 6 1/l/2022-12/31/25 N 6.61 Supervisor Scott Russell 6 1/l/2020-12/31/23 N BE IT FURTHER RESOLVED, that said standard is being established to meet the accounting requirements of the New York State Employees Retirement System for calculation of retirement benefits, and BE IT FURTHER RESOLVED, that the Town Clerk be and he hereby is authorized to send a certified copy of this resolution to the New York State Employees Retirement System. I, Denis Nonearrow, Town Clerk of the governing board of the Town of Southold of the State of New York, do hereby certify that I have compared the foregoing with the original resolution passed by such board, at a legally convened meeting held on the Vt day of November 2022 on file as part of the minutes of such meeting, and that the same is a true copy thereof and the whole of such original. I further certify that the full board, consists of six (6) members, and the six (6) of such members were present at such meeting and the six (6)of such members vote in favor of the above resolution. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Town of Southold, on this 1" day of November 2022. SEAL Denis Noncarrow Town Clerk Town of Southold ✓Vote Record-Resolution RES-2022-895 ❑ Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated Sarah E.Nappa Voter io ❑ ❑ ❑ El Tabled Greg Doroski Seconder Q El El El�. Rl Withdrawn Brian O.Mealy Voter Q ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P.Evans Voter 10 ❑ ❑ ❑ ❑ Rescinded Scott A.Russell Mover Q ❑ ❑ ❑ Page 25 November 1, 2022 Southold Town Board Board Meeting ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2022-896 CATEGORY.• Budget Modification DEPARTMENT. Accounting 2022 Budget Modification- Capital(Highway) Financial Impact: Apprpriate Highway fund balance and establish a capital project for the purchase of a payloader WHEREAS, the Town Board of the Town of Southold wishes to establish and fund a capital project to purchase a payloader for the Highway Department, and 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 2022 Highway Fund and Capital Budgets as follows: Increase Revenues: DB.5990.00 Appropriated Fund Balance $225,000 Total $225,000 Increase Appropriations: DB.9901.9.000.100 Interf ind Transfers, Transfer to Capital $225,000 Total $225,000 Capital Project Name: Hh!hway Payloader Financing Method: Transfer from the Highway Fund Increase Revenues: H.5031.98 Interfund Transfers, Highway Equipment $225,000 Total $225,000 Increase Expenditures: H.5130.2.300.400 Highway Payloader $225,000 Total $225,000 ✓Vote Record-Resolution RES-2022-896 Q Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Sarah E.Nappa Voter Q ❑ ❑ ❑ Page 26 November 1, 2022 Southold Town Board Board Meeting ❑ Defeated Greg Doroski Seconder 0 ❑ ❑ ❑ ❑ Tabled Brian O.Mealy Voter 0 ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Supeivisor'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 2022-897 CATEGORY.• Local Law Public Hearing DEPARTMENT. Town Attorney PH 11129 7:01 Pm - Chapter 144 Fire Prevention &Building Code WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 1st day of November, 2022, a Local Law entitled"A Local Law in relation to an Amendment to Chapter 144, Fire Prevention and Building Code Administration,in connection with Updates to the New York State Uniform Fire Prevention and Building Code Administration and Enforcement Law " 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 29t' day of November, 2022 at 7:01 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 Amendment to Chapter 144, Fire Prevention and Building Code Administration, in connection with Updates to the New York State Uniform Fire Prevention and Building Code Administration and Enforcement Law" which reads as follows: LOCAL LAW NO. 2022 A Local Law entitled, "A Local Law in relation to an Amendment to Amendment to Chapter 144, Fire Prevention and Building Code Administration, in connection with Updates to the New York State Uniform Fire Prevention and Building Code Administration and Enforcement Law" BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose The Purpose of the amendment is to improve safety for building projects within the Town of Page 27 November 1, 2022 Southold Town Board Board Meeting Southold, as well as dealing with impacts to the public's health, safety and welfare resulting from the same. Il. Amendment. The Southold Town Code is hereby amended by removing the struck through words and adding the underlined words as follows: § 144-1 - Title. This chapter shall be known as the "Uniform Fire Prevention and Building Code Administration and Enforcement Law." § 144-2 - Purpose. Article 18 of the Executive Law, as added by Chapter 707 of the Laws of 1981, provides for the preparation of a Uniform Fire Prevention and Building Code (Uniform Code), which shall take effect on January 1, 1984, and the State Energy Conservation Construction Code (the Energy Code), which shall take effect on January 1, 2007, and which every local government shall administer and enforce on and after such date. it is the ptifpese e t This chapter to provides for the administration and enforcement of the New York State Uniform Code it the Town a of the New York State 14nifafm Fire Prevention and BuildingCode ode (the Uniform Code) and the State Energy Conservation Construction Code(the Energy Code) in this Town of Southold. This chapter is adopted pursuant to section 10 of the Municipal Home Rule Law. Except as otherwise provided in the Uniform Code, the Energy Code other state law, or other section of this chapter, all buildings, structures, and premises, regardless of use or occupancy, are subject to the provisions this chapter. § 144-3 - Administration and enforcement officers designated; definitions. A. It shall be the duty of the Building Inspectors (hereinafter referred to as the 'Building Inspector") to administer and enforce the Uniform Code and the Energy Code and the provisions of this chapter. B. In addition to the inspectors, as provided by Subsection A of this section, the Town Board may appoint one Assistant Inspector for each of the fire districts in the Town, who shall be recommended by the respective Board of Fire Commissioners. Such Assistant Inspectors shall serve for a term of one year or at the pleasure of the Town Board. Assistant Inspectors shall serve without compensation, but shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties within the appropriations made therefor by the Town Board. Such Assistant Inspectors shall not have enforcement powers, their duties being limited to conducting periodic inspections for compliance with the fire prevention provisions (Chapter C) of the Uniform Code and the Energy Code. Assistant Inspectors shall have the same right to enter and inspect buildings and premises as conferred upon the Building Inspector. C. For this chapter, the term 'Building Inspector" shall include and refer to: (1) Building Inspectors of the Town of Southold; Page 28 November 1, 2022 Southold Town Board Board Meeting (2) The Director of Code Enforcement of the Town of Southold; (3) The Engineer Inspector of the Town of Southold; (4) Building Permits Examiner; (5) Fire Inspector; and (6) All Code Enforcement Officers. D. Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third International Dictionary of the English Language, unabridged(or latest edition). ASSEMBLY AREA - An area in any building, or in any portion of a building, that is primarily used or intended to be used for gathering fifty or more persons for uses including, but not limited to, amusement, athletic, entertainment, social, or other recreational functions; patriotic,political, civic, educational, or religious functions; food or drink consumption; awaitingtransportation;ransportation; or similar purposes. BUILDING PERMIT - A building permit, construction permit, demolition permit, or other permit that authorizes the performance of work. The term`Building Permit" shall also include a Building Permit which is renewed, amended, or extended pursuant to any provision of this chapter. CANOPY See "tent." CERTIFICATE OF COMPLIANCE- A document issued by the Town of Southold stating that work was done in compliance with approved construction documents and the Codes. CERTIFICATE OF OCCUPANCY- A document issued by the Town of Southold certifying that the building or structure, or portion thereof, complies with the approved construction documents that have been submitted to, and approved by the Town of Southold, and indicating that the building or structure, or portion thereof, is in a condition suitable for occupancy. CODE ENFORCEMENT OFFICER- The Code Enforcement Officer appointed pursuant to subdivision (b) of section 144-3 of this chapter. CODE ENFORCEMENT PERSONNEL - The Code Enforcement Officer and all Inspectors. CODES - The Uniform Code and Energy Code. ENERGY CODE - The State Energy Gonsefvation Ganstmetion Code, as etiff en" e ffee+ and s he feaf4e-. ,,w,ende,a The New York State Energy Conservation Construction Code adopted pursuant to Article 11 of the Energy Law. FCNYS - The 2020 Fire Code of New York State as currently incorporated by reference Page 29 November 1, 2022 Southold Town Board Board Meeting in 19 NYCRR Part 1225. FIRE SAFETY AND PROPERTY MAINTENANCE INSPECTION- An inspection performed to determine compliance with the applicable provisions of 19 NYCRR Part 1225 and the publications incorporated therein by reference and the applicable provisions of 19 NYCRR Part 1226 and the publications incorporated therein by reference. HAZARDOUS PRODUCTION MATERIALS - A solid, liquid, or gas associated with semiconductor manufacturing that has a degree-of-hazard rating in health, flammability, or instability of Class 3 or 4, as ranked by NFPA 704 (Standard Systems for Identification of the Hazards of Materials for Emery Response), and which is used directly in research, laboratory, or production processes which have, as their end product, materials that are not hazardous. INSPECTOR-An inspector appointed pursuant to subdivision (d) of section 144-3 of this chapter. MOBILE FOOD PREPARATION VEHICLES - Vehicles that contain cooking equipment that produces smoke or grease-laden vapors for the purpose of preparing and serving food to the public. Vehicles intended for private recreation shall not be considered mobile food preparation vehicles. OPERATING PERMIT - A permit issued pursuant to section 10 of this chapter. The term "Operating Permit" shall also include an Operating Permit which is renewed, amended, or extended pursuant to any provision of this chapter. ORDER TO REMEDY - An order issued by the Building Inspector pursuant to subdivision (a) of section 17 of this chapter. PERMIT HOLDER- The person to whom a building permit has been issued. PERSON - An individual, corporation, limited-liability company, partnership, limited partnership,business trust, estate, trust, association, or any other legal or commercial entity of any kind or description. PMCNYS - The 2020 Property Maintenance Code of New York State as currently incorporated by reference in 19 NYCRR Part 1226. RCNYS - The 2020 Residential Code of New York State as currently, i�rporated by reference in 19 NYCRR Part 1220. REPAIR - The reconstruction, replacement, or renewal of any part of an existing building for the purpose of its maintenance or to correct damage. SOLAR POWER FAST TRACK PROGRAM -A program to expedite all applications Page 30 November 1, 2022 Southold Town Board Board Meeting for standard installations of solar electric and solar hot water energy systems on residential buildings and legal accessory structures on residential property as developed by Long Island Unified Solar Permitting Initiative. STANDARD INSTALLATION - Those installations that meet the following criteria, and any subsequent amendment thereto: (1) Are not subject to architectural review or review by the Architectural Review Board or Landmark Preservation Commission; (2) Are proposed for installation on a roof with a single layer of roof covering; (3) Are to be flush-mounted parallel to the roof surface and no more than six inches above the surface; (4) Have an eighteen-inch clearing at the roof ridge and an eighteen-inch clearing path to the ridge; (5) Create a roof load of no more than five pounds per square foot for photovoltaic (PV) and six pounds per square foot for residential solar hot water(RSHW); (6) Be installed by LIPA-authorized contractors; (7) Use PV panels that have been certified by a nationally-recognized testing laboratory as meeting the requirements of the Underwriters Laboratory (UL) Standard 1703 and inverters must be on a list of New York State Public Service Commission type tested inverters which are tested by UL or other nationally recognized laboratories to conform with UL 1741; (8) Use RSHW equipment that has been certified by the Solar Rating and Certification Corporation under its OG-100 standard for solar collectors; (9) Use other equipment such as modules, combiner boxes and a mounting system that have been approved for public use; and (10) Be in full compliance with all current National Electrical Code (NEC) requirements. STOP WORK ORDER- An order issued pursuant to section 6 of this chapter. SUGARHOUSE- A building used, in whole or in part, for the collection, storage, or processingof sap into maple sip and/or maple sugar. TEMPORARY CERTIFICATE OF OCCUPANCY -A certificate issued pursuant to subdivision (d) of section 7 of this chapter. TENT - A structure, enclosure or shelter, including structures open without sidewalls or sidewalls that drop on 75% or more of the perimeter, constructed of fabric or pliable material supported by any manner except by air or the contents it protects. TOWN- The Town of Southold. UNIFORM CODE -The New York State Uniform Fire Prevention and Building Code, Subchapter A of Chapter XXXIII of Title 19 of the NYCRR, adopted pursuant to Article Page 31 November 1, 2022 Southold Town Board Board Meeting 18 of the Executive Law. § 144-4 - Conflicts with other regulations. Where the provisions of this chapter conflict with or impose a different requirement than any other provision of the Southold Town Code, or any rule or regulation adopted thereunder, the provision which establishes the higher standard or requirement shall govern. § 144-5 - Powers and duties of Building Inspector. A. Except as otherwise specifically provided by law, ordinance or regulation, or except as herein otherwise provided, the Building Inspector shall administer and enforce all the provisions of the Uniform Code and Energy Code and regulations applicable to the construction, alteration, repair, removal and demolition of buildings and structures, and the installation and use of materials and equipment therein, and the location, use, occupancy and maintenance thereof. B. The Building Inspector shall receive, review, and approve or disapprove applications and issue permits for the erection, alteration, removal and demolition of buildings or structures or parts thereof and shall examine the premises for which such applications have been received or such permits have been issued, for the purpose of ensuring compliance with the Uniform Code, Energy Code and other laws, ordinances and regulations governing building construction. C. The Building Inspector shall conduct construction inspections, inspections to be made prior to the issuance of certificates of occupancy, fire safety and property maintenance inspections, inspections incidental to the investigation of complaints, and all other inspections required or permitted under any provision of this chapter, shall administer and enforce all the provisions of the Uniform Code, the Energy Code, and this chapter and shall have the following_powers and duties: (1) to receive, review, and approve or disapprove applications for Building Permits, Certificates of Occupancy, Certificates of Compliance, Temporary Certificates of Occupancy, and Operating Permits, and the plans, specifications, and construction documents submitted with such applications; (2) upon approval of such applications, to issue Building Permits, Certificates of Occupancy, Certificates of Compliance, Temporary Certificates of Occupancy, and Operating Permits, and to include in terms and conditions as the Building Inspector may determine to be appropriate Building Permits, Certificates of Occupancy, Certificates of Compliance, Temporary Certificates of Occupancy, and Operating Permits, (3) to conduct construction inspections; inspections to be made prior to the issuance of Certificates of Occupancy, Certificates of Compliance, Temporary Certificates of Occupancy, and Operating Permits; fire safetyproperty maintenance inspections; inspections incidental to the investigation of complaints; and all other inspections required or permitted under any provision of this chapter; {4}fAhTo issue stop-work orders; {�L�LTo review and investigate complaints; (6) to issue orders pursuant to subdivision (a) of section 17 (Violations) of this local Page 32 November 1, 2022 Southold Town Board Board Meeting law, (3)GLTo maintain records; k+L8LTo collect fees as set by the Town Board of the Town of Southold; (-5)ITo pursue administrative enforcement actions and proceedings; (4) 10 In consultation with this Town's attorney, to pursue such legal actions and proceedings as may be necessary to enforce the Uniform Code, the Energy Code, and this chapter, or to abate or correct conditions not in compliance with the Uniform Code, the Energy Code or this chapter; and (-7) 11 To exercise all other powers and fulfill all other duties conferred upon the Building Inspector by this chapter. D. The Building Inspector shall possess background experience related to building construction or fire prevention and shall, within the time prescribed by law, obtain such basic training, in-service training, advanced in-service training, and other training as the State of New York shall require for code enforcement personnel, and shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder. E. In the event that the Building Inspector is unable to serve as such for any reason, another individual shall be appointed by the Town Board to serve as a Building Inspector, during the term of their appointment, exercise all powers and fulfill all duties conferred upon the Building Inspector by this chapter. F. One or more Inspectors may be appointed by the Town Board to act under the supervision and direction of the Building Inspectors and to assist the Building Inspectors in the exercise of the powers and fulfillment of the duties conferred upon the Building Inspectors by this chapter. Each Inspector shall, within the time prescribed by law, obtain such basic training, in-service training, advanced in-service training, and other training as the State of New York shall require for code enforcement personnel, and each Inspector shall obtain certification from the Department of State pursuant to the Executive Law and the regulations promulgated thereunder. G. The compensation for the Building Inspectors shall be fixed from time to time by the Town Board of this Town of Southold by resolution or collective bargaining agreement as applicable. L—H. Whenever the same may be necessary or appropriate to assure compliance with the provisions of applicable laws, ordinances or regulations covering building construction, the Building Inspector may require the performance of tests in the field by experienced, professional persons or by accredited and authoritative testing laboratories or service bureaus or agencies. F—I. The Building Inspector shall keep permanent, official records of all transactions and activities conducted by him, including records of: (1) All applications received,reviewed and approved or denied; (2) All plans, specifications and construction documents approved; (3) All building permits, certificates of occupancy, and stop-work orders issued; (4) All inspections and tests performed; (5) All statements and reports issued; (6) All complaints received; Page 33 November 1, 2022 Southold Town Board Board Meeting (7) All investigations conducted; (8) All fees charged and collected. J. The Building Inspector shall keep permanent official records of all transactions and activities conducted by all Building and Code Enforcement Personnel, including records of: (a) all applications received, reviewed and approved or denied; (b) all plans, specifications and construction documents approved; (c) all Building Permits, Certificates of Occupancy, Certificates of Compliance, Temporary Certificates, Stop Work Orders, and Operating Permits issued; (d) all inspections and tests performed; (e) all statements and reports issued; (f) all complaints received; (g) all investigations conducted; (h) all condition assessment reports received; (i) all fees charged and collected; and (i) all other features and activities specified in or contemplated by sections 4 through 14, inclusive, of this chapter. All such records shall be public records open for public inspection during normal business hours. All plans and records pertaining to buildings or structures, or appurtenances thereto, shall be retained for at least the minimum time period so required by State law and regulation. K. G� All such records shall be public records open for public inspection during normal business hours. All plans and records pertaining to buildings or structures, or appurtenances thereto, shall be retained for at least the minimum time period so required by state law and regulation. L.44-. Program review and reporting. (1) The Building Inspector shall, as directed, submit to the Town Board a written report and summary of all business conducted by him, including permits and certificates issued, fees collected, orders and notices promulgated, inspections and tests made and appeals or litigation pending. (2) The Building Inspector shall, annually, submit to the Secretary of State, on behalf of this Town, on a form prescribed by the Secretary of State, a report of the activities of this Town, relative to administration and enforcement of the Uniform Code. (3) The Building Inspector shall, upon request of the New York State Department of State,provide to the New York State Department of State, from the records and related materials in this Town is required to maintain, excerpts, summaries, tabulations, statistics and other information and accounts of the activities of this Town in connection with administration and enforcement of the Uniform Code. (4) The Building Inspector shall annually submit to the Town Board of this Town of Southold a written report and summary of all business conducted by the Building Inspector and its staff, including a report and summary of all transactions and activities described in section 14 (Record Keeping) of this chapter and a report and summary of all appeals or litigation_ pending or concluded. Page 34 November 1, 2022 Southold Town Board Board Meeting (5) The Building Inspector shall annually submit to the Secretary of State, on behalf of this Town of Southold, on a form prescribed by the Secretary of State, a report of the activities of this Town of Southold relative to administration and enforcement of the Uniform Code. (6) The Building Inspector shall, upon request of the New York State Department of State,provide to the New York State Department of State, true and complete copies of the records and related materials this Town of Southold is required to maintain; true and complete copies of such portion of such records and related materials as may be requested by the Department of State; and/or such excerpts, summaries, tabulations, statistics, and other information and accounts of its activities in connection with administration and enforcement of the Uniform Code and/or Energy Code as ma.. b�quested by the Department of State. M.-h The Building Inspector shall review and investigate complaints which allege or assert the existence of conditions or activities that fail to comply with the Uniform Code, the Energy Code, this chapter, or any other law or regulation adopted for administration and enforcement of the Uniform Code or the Energy Code. The process for responding to a complaint shall include such of the following steps as the Building Inspector may deem appropriate: (1) Performing an inspection of the conditions and/or activities alleged to be in violation, and documenting the results of such inspection; (2) If a violation is found to exist, providing the owner of the affected property and any other person who may be responsible for the violation with notice of the violation and opportunity to abate, correct or cure the violation, or otherwise proceeding in a manner which violates this chapter of the Code; (3) If appropriate, issuing a stop-work order; (4) If a violation which was found to exist is abated or corrected,performing an inspection to ensure that the violation has been abated or corrected, preparing a final written report reflecting such abatement or correction, and filing such report with the complaint. § 144-6 - Inspections required. A. Construction inspections (1) Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Building Inspector or by an Inspector authorized by the Building Inspector. The Permit Holder shall notify the Building Inspector when any element of work described in subsection A(2) of this section is ready for inspection. (2) Elements of work to be inspected. The following elements of the construction process shall be inspected, where applicable: (a) Work site prior to the issuance of a Building Permit; (b) Footing and foundation; (c) Preparation for concrete slab; (d) Framing; (e) Structural, electrical, plumbing, mechanical, fire-protection, and other Page 35 November 1, 2022 Southold Town Board Board Meeting similar service systems of the building; (-e)Lf Building systems, including underground and rough-in (4)fg) Fire resistant construction; (g)Lh) Fire resistant penetrations; {-h) Solid fuel burning heating appliances, chimneys, flues, or gas vents; (4)W Eret:gy Code ,.,,,,-,,.liar -e Inspections required to demonstrate Energy Code compliance, including but not limited to insulation, fenestration, air leakage, system controls,mechanical equipment size, and, where required, minimum fan efficiencies,programmable thermostats, energy recover, whole-house ventilation, plumbing heat traps, and high-performance lighting and controls; (k) Installation, connection, and assembly of factor manufactured buildings and manufactured homes; and (j)(D A final inspection after all work authorized by the Building Permit has been completed. (3) Remote inspections. At the discretion of the Building Inspector or Inspector authorized to perform construction inspections, a remote inspection may be performed in lieu of an in-person inspection when, in the opinion of the Building Inspector or such authorized Inspector, the remote inspection can be performed to the same level and quality as an in-person inspection and the remote inspection shows to the satisfaction of the Building Inspector or by such authorized Inspector that the elements of the construction process conform with the applicable requirements of the Uniform Code and Energy Code. Should a remote inspection not afford the Building Inspector or such authorized Inspector sufficient information to make a determination, an in-person inspection shall be performed. (-3-)L4) Inspection results. After inspection, the work or a portion thereof shall be noted as satisfactory as completed, or the permit holder shall be notified as to the manner in which the work fails to comply with the Uniform Code or Enemy Code, including a citation to the specific code provision or provisions that have not been met. Work not in compliance with any applicable provision of the Uniform Code or Energy Code shall remain exposed until such work shall have been brought into compliance with all applicable provisions of the Uniform Code and the Energy Code, reinspected, and found satisfactory as completed. (5) FEE. The fee specified in or determined in accordance with the provisions set forth in section 18 (Fees) of this chapter must be paid prior to or at the time of each inspection performed pursuant to this section. B. Firesafety and property maintenance inspections. (1) Inspections required. Firesafety and property maintenance inspections of buildings and structures shall be performed by the Building Inspector at the following intervals: (a) Firesafety and property maintenance inspections of buildings or structures which contain an area of public assembly shall be performed at least once every 12 months. (b) Firesafety and property maintenance inspections of all multiple dwellings not included in Subsection B(1)(a), and all nonresidential buildings, Page 36 November 1, 2022 Southold Town Board Board Meeting structures, uses and occupancies not included in Subsection B(1)(a), shall be performed at least once every 36 months. (2) Inspections permitted. In addition to the inspections required by Subsection B(1) of this section, a firesafety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Building Inspector at any time upon: (a) The request of the owner of the property to be inspected or an authorized agent of such owner; (b) Receipt by the Building Inspector of a written statement alleging that conditions or activities failing to comply with the Uniform Code or Energy Code exist; or (c) Receipt by the Building Inspector of any other information, reasonably believed by the Building Inspector to be reliable, giving rise to reasonable cause to believe that conditions or activities failing to comply with the Uniform Code or Energy Code exist; provided, however, that nothing in this subsection shall be construed as permitting an inspection under any circumstances under which a court order or warrant permitting such inspection is required, unless such court order or warrant shall have been obtained. (d) OFPC inspections. Nothing in this section or in any other provision of this chapter shall supersede, limit or impair the powers, duties and responsibilities of the New York State Office of Fire Prevention and Control ("OFPC") and the New York State Fire Administrator under Executive Law § 156-e and Education Law § 807-b. C. Inspection of tents. (1) The Building Inspector or Code Enforcement Official shall perform inspections on tents prior to the event for which the tent is to be used. Tents must comply with all requirements of the New York State Building Code and the following standards: (a) Sufficient exiting to a public way. (b) Tents over 200 square feet shall be made of flame-resistant materials. A certificate attesting to that fact shall be available on site for inspection. (c) All electrical supply shall be ground fault interrupted(GFI) at the source. (d) Tent stakes shall be capped or covered in such a way to present no hazard to the public. (e) No cooling shall be allowed under the tent. (f) All exiting aisles shall be maintained at a minimum of six feet wide. (g) If the event under the tent is conducted after sunset, illuminated exit signs and emergency exit lighting shall be provided. The lighting shall be on a separate circuit. (h) Guy ropes shall not pass through exit paths unless maintained more than seven feet above grade. Tent stakes shall not be in exit paths. (i) Fire extinguishers as required by New York State Building Code and the Page 37 November 1, 2022 Southold Town Board Board Meeting Town Building Inspector/Code Enforcement Official shall be provided. (2) A tent permit may be revoked by the Building Inspector or Code Enforcement Official if, upon inspection, it is determined that the tent does not comply with any of the standards set forth in § 144-6C(1) above or if the tent is used in violation of the provisions of§ 144-8. § 144-7 - Cooperation with other departments. The Building Inspector may request and shall receive, so far as may be necessary in the discharge of his duties, the assistance and cooperation of the police and fire officers and all other municipal officials exercising any jurisdiction over the construction, use or occupancy of buildings or the installation of equipment therein. § 144-8 - Building permit required; application for permit. A. Building permit/tent permit required prior to commencement; exceptions. (1) , > deffielitie > ift the ftatffe of the ettpaney of any building of stidetufe, of eattse the same to Building Permits Required. Except as otherwise provided in subdivision (b) of this section, a Building Permit shall be required for any work which must conform to the Uniform Code and/or the Energy Code, including,but not limited to, the construction, enlargement, alteration, improvement, removal, relocation, or demolition of any building or structure or any portion thereof, and the installation of a solid fuel burning heating appliance, chimney, or flue in any dwelling unit. No Person shall commence any work for which a Building Permit is required without first having obtained a Building Permit from the Town of Southold. (2) Exemptions. No Building Permit shall be required for work in any of the following categories: (a) Necessary repairs which do not materially affect structural features. (b) Alterations to existing buildings, provided that the alterations: [1] Cost less than $10,000; [2] Do not materially affect structural features; [3] Do not affect firesafety features such as smoke detectors, sprinklers, required fire separations and exits; [4] Do not involve the installation of electrical systems; and [5] Do not include the installation of solid-fuel-burning heating appliances and associated chimneys and flues. (c) Construction or installation of one-story detached structures associated with one- or two-family dwellings or multiple single-family dwellings (townhouses) which are used for tool and storage sheds,playhouses or Page 38 November 1, 2022 Southold Town Board Board Meeting similar uses,provided the gross floor area does not exceed 100 square feet; (d) Installation of swings and other playground equipment associated with a one- or two-family dwelling or multiple single-family dwellings (townhouses); (e) Installation of swimming pools associated with a one- or two-family dwelling or multiple single-family dwellings (townhouses) where such pools are designed for a water depth of less than 24 inches and are installed entirely above ground; (f) Installation of fences which are not part of an enclosure surrounding a swimming pool; (g) Construction of retaining walls, unless such walls support a surcharge or impound Class I, II, or IIIA liquids; (h) Construction of temporary motion picture, television and theater stage sets and scenery; (i) Installation of window awnings supported by an exterior wall of a one- or two-family dwelling or multiple single-family dwellings (townhouses); (j) Installation of partitions or movable cases less than five feet nine inches in height; (k) Painting, wallpapering, tiling, carpeting, or other similar finish work; (1) Installation of listed portable electrical,plumbing, heating, ventilation or cooling equipment or appliances; (m) Replacement of any equipment, provided the replacement does not alter the equipment's listing or render it inconsistent with the equipment's original specifications; or (n) Repairs, provided that such repairs do not involve: [1] The removal or cutting away of a load-bearing wall,partition, or portion thereof, or of any structural beam or load-bearing component; [2] The removal or change of any required means of egress, or the rearrangement of parts of a structure in a manner which affects egress; [3] The enlargement, alteration, replacement or relocation of any building system; or [4] The removal from service of all or part of a fire protection system for any period of time. (o) Construction or installation of one-story detached structures associated with one- or two-family dwellings or multiple single-family dwellings (townhouses), which are used for tool and storage sheds, playhouses, or similar uses, provided the gross floor area does not exceed 144 square feet; (p) Construction of temporary sets and scenery associated with motion picture, television, and theater uses; (q) Installation of window awnings supported by an exterior wall of a one- or Page 39 November 1, 2022 Southold Town Board Board Meeting two-family dwelling or multiple single-family dwellings (townhouses (r) Installation of partitions or movable cases less than 5'-9" in hei hg_t; (s) Painting wallpapering, tiling, carpeting, or other similar finish work; (t) Installation of listed portable electrical,plumbing,heating, ventilation or cooling equipment or appliances; (u) Replacement of any equipment provided the replacement does not alter the equipment's listing or render it inconsistent with the equipment's original specifications; or (v) Repairs, provided that the work does not have an impact on fire and life safety, such as (i) any part of the structural system; (ii) the required means of egress; or (iii) the fire protection system or the removal from service of any part of the fire protection system for any period of time. (2) No tent shall be erected on any property, except properties wherein the primary use is a single-family dwelling, unless a permit has been issued by the Building Department. Tents may be erected for protection from the elements for special events or for temporary activities that are a permitted use of the premises in accordance with the Town Code and the approved site plan for the premises, subject to the following standards: (a) Tents should be removed as promptly as possible after the event has concluded. (b) The duration of a tent permit shall be determined by the Building Inspector or Code Enforcement Official, up to a maximum duration of 30 days. (c) A tent permit shall not issue if the parcel has an open building permit or is the subject of a pending site plan review or the property is subject to pending Town Code violation(s). (d) A permit is required from the State of New York for tents with an occupancy of 300 or more unless owned, leased, or operated by a bona fide religious, charitable, educational, fraternal, service, veteran, or volunteer fire organization. (3) Exemption not deemed authorization to perform non-compliant work. The exemption from the requirement to obtain a building permit for work in any category set forth in subdivision A(1) of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code. All work, structures and buildings must comply with the provisions of Chapter 280, Zoning, of the Southold Town Code. B. Any building permit issued in violation of the provisions of this chapter shall be null and void and of no effect without the necessity for any proceedings, revocations or nullification thereof, and any work undertaken or use established pursuant to the issuance of a permit in violation of the provisions of this chapter shall be invalid. G. Applioations. (1) Evefy appSieatio Tfaf a building permit shall be LTV in wfrtifiR, on a ,ef:l* provided by of othefwise aeeeptable to the Building lnspeeter-. The appliea4ion shall be signed by the ewneF oF aii authefized agent of the owne-F and eofAaia the Page 40 November 1, 2022 Southold Town Board Board Meeting rf n,.atier ra a,.,.tiffier+ ion: if aft existing btfilding, exeept in the ease of the alter-atiefts of a builditig (b ) The section,leek afid lot m ., be s, if any, as theyappear- offlatest tcwE ems. (e) The exaet size—and eeat o s o the ! t of the proposebuilding-Of existing buildings on the sai:ne let. tf (f) The existing and inteiided use of all buildifigs, existiiig of pfe-pased, the use of land and the iitiffibef of dwelling tH14s the buildifig is designed to (g) Stie , + p , r-aphie , +tie,. ;, w, +; With —Ar to thp.building, the lot is not on an approved subdivision map shall be aeeempa-nied by a eei4ified abstfaet of fifle issued by a title eefftpany w-hieh shall show siiigle aii-d . stibseqttefitr-ev4e aad appfoval-by the Town of Southold at:l of ate€-s the Zoning afd of Appeals, the Planning Boafd, the Page 41 November 1, 2022 Southold Town Board Board Meeting be fet-tiffied to the applieaftt to be kept at the wefk site. Hewevei�,� that a buildifig pefmit will be issued. Wof4 shall not be eemmeneed wit.d. l ,„less a 1.,,ildi ig permit: issued, ,1o,umments .a4ieh were „1.m ttv,l with aff d aeeepted as, at4 ,file stage.of afehiteet and aeeafftpanied by an affi&k,it stpAifig that the plans and speeifieations eamply with the U+44m Code and Energy Gade, to verify that beth the plans and the. 6so-44-st-rue-tio-44- eomply with the high wind load (3� -A pplieations fof sta*dafd installations of solaf: enefgy systems shall be made an appliefft, subjeet to appfoval by the Planning F. No btiflding pefmit shall be isstied for-any btfilding whefe!he site plan of stiek btfilding is- &Eeept in eonfo.F+Hit�,with the plans appf by said Beafd, F. No building pefmit shall be issued fef a building in any distfict whefe stieh us i Page 42 November 1, 2022 Southold Town Board Board Meeting H. The building pefmit appheafien and all suppefting doeffffientafien shall be made in eapy of all filed deettffleftts to the applieafi4. > in wfitifig, the &Aefisia until such survey is approved by the Building Inspector. C. Applications for Building Permits. Applications for a Building Permit shall be made in writing on a form provided by or otherwise acceptable to the Building Inspector. The application shall be signedy the owner of the property where the work is to be performed or an authorized agent of the owner. The application shall include such information as the Building Inspector deems sufficient to permit a determination by the Building Inspector that the intended work complies with all applicable requirements of the Uniform Code and the Energy Code. The application shall include or be accompanied by the following information and documentation: (1) a description of the location, nature, extent, and scope of the proposed work; (2) the tax map number and the street address of any affected building or structure; (3) the occupancy classification of any affected building or structure; (4) where applicable, a statement of special inspections prepared in accordance with the provisions of the Uniform Code; and (5) at least 2 sets of construction documents (drawings and/or specifications) which (a) describe the location, nature, extent, and scope of the proposed work; (b) show that the proposed work will conform to the applicable provisions of the Codes; (c) show the location, construction, size, and character of all portions of the means of egress, (d) show a representation of the building thermal envelope; (e) show structural information including but not limited to braced wall designs, the size, section, and relative locations of structural members, design loads, and other pertinent structural information; (f) show the proposed structural, electrical, plumbing, mechanical, fire- protection, and other service systems of the building; (g) include a written statement indicating compliance with the Energy Code, (h) include a site plan, drawn to scale and drawn in accordance with an accurate boundary survey, showing the size and location of new Page 43 November 1, 2022 Southold Town Board Board Meeting construction and existing structures and appurtenances on the site, distances from lot lines, the established street grades and the Proposed finished grades, and, as applicable, flood hazard areas, floodways, and design flood elevations, and (i) evidence that the documents were prepared by a licensed and registered architect in accordance with Article 147 of the New York State Education Law or a licensed and registered professional engineer in accordance with Article 145 of the New York State Education Law and practice guidelines, including but not limited to the design professional's seal which clearly and legibly shows both the design professional's name and license number and is signedy the design professional whose name appears on the seal in such a manner that neither the name nor the number is obscured in any way, the design professional's registration expiration date, the design professional's firm name (if not a sole practitioner), and, if the documents are submitted by a professional engineering firm and not a sole practitioner professional engineer, the firm's Certificate of Authorization number. (6) Construction documents. Construction documents will not be accepted as part of an application for a Building Permit unless the,, spy the requirements set forth in paragrgph(5) of subdivision (d) of this section. Construction documents which are accepted as part of the application for a Building Permit shall be marked as accepted by the Building Inspector in writing or by stamp, or in the case of electronic media, an electronic marking. One set of the accepted construction documents shall be retained by the Building_ Inspector, and one set of the accepted construction documents shall be returned to the applicant to be kept at the work- site so as to be available for use by the Code Enforcement Personnel. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, nor as an indication that a Building Permit will be issued. Work shall not be commenced until and unless a Building Permit is issued. (7) Issuance of Building Permits. An application for a Building Permit shall be examined to ascertain whether the proposed work is in compliance with the applicable requirements of the Uniform Code and Energy Code. The Building Inspector shall issue a Building Permit if the proposed work is in compliance with the applicable requirements of the Uniform Code and Energy Code. (8) Building Permits to be displayed. Building permits shall be visibly displayed at the work site and shall remain visible until the authorized work has been completed. (9) Work to be in accordance with construction documents. All work shall be performed in accordance with the construction documents which were submitted with and accepted as part of the application for the Building Permit. The Building Permit shall contain such a directive. The Permit Holder shall immediately notify the Building Inspector of any change occurring the course of the work. The Building Permit shall contain such a directive. If the Building Inspector Page 44 November 1, 2022 Southold Town Board Board Meeting determines that such change warrants a new or amended Buildin.-Permit, such change shall not be made until and unless a new or amended BuildingPermit ermit reflecting such change is issued. (10) Time limits. Building Permits shall become invalid unless the authorized work is commenced within 6 months followinz the date of issuance. Building Permits shall expire 12 months after the date of issuance. A Building Permit which has become invalid or which has expired pursuant to this subdivision may be renewed Mon application by the Permit Holder,payment of the applicable fee, and approval of the application by the Building Inspector. (11) Revocation or suspension of Building Permits. If the Building Inspector determines that a Building Permit was issued in error because of incorrect, inaccurate, or incomplete information, or that the work for which a Building Permit was issued violates the Uniform Code or the Energy Code, the Building Inspector shall revoke the Building Permit or suspend the Building Permit until such time as the Permit Holder demonstrates that: (a) all work then completed is in compliance with all applicable provisions of the Uniform Code and the Energy Code and (b) all work then proposed to be performed shall be in compliance with all applicable provisions of the Uniform Code and the Energy Code. K D Permit fees. The fee specified in or determined in accordance with the provisions set forth in this chapter must be paid at the time of submission of an application for a BuildingP ermit, for an amended Building Permit, or for renewal of a Building Permit. (1) The following fees shall be paid upon the filing of an application with the Building Inspector for a building permit, which fees shall be paid into the general fund if the application is approved or returned to the applicant if the application is denied: (a) Single-family dwellings: [1] New dwellings and alterations or additions to existing dwellings: $200, plus $0.40 for each square foot of floor area. [2] Accessory buildings and additions or alterations to existing accessory buildings: $100, plus $0.40 for each square foot of floor area. (b) Farm buildings and additions or alterations to existing farm buildings: $150 for each building. (c) Hotel, motel, multiple dwellings and business, industrial and all other buildings, including wineries: [1] New buildings and additions and alterations to existing buildings: $250, plus $0.40 for each square foot of floor area. [2] Accessory buildings and additions and alterations to existing accessory buildings: $100, plus $0.40 for each square foot of floor area. (d) Foundations constructed under existing buildings: $200. (e) In-ground swimming pools, together with required enclosure fencing: Page 45 November 1, 2022 Southold Town Board Board Meeting $250; aboveground swimming pools, together with required enclosure fencing: $250. (f) The permit fee for all signs shall be $75 per permit. (g) Demolition and/or removal of any building: $100 minimum and$0.30 for each square foot of floor area. (h) Deer exclusion fences erected in accordance with § 280-105: $75. (i) The fee for standard applications for any residential solar energy system shall be $50. (j) The permit fee for tents shall be $50 per permit. (2) If an application is denied and a notice of disapproval is issued, the applicant shall pay a fee of$50. (3) For the purpose of this Subsection K, cellars, decks, attached garages and any habitable area shall be included in the calculation of floor area. (4) Preconstruction fee. If any land clearing or excavation or building or commencement of any construction activity is without the benefit of applicable Town permits, all fees associated with any land clearing or excavation or building or construction activity will be equal to double the otherwise applicable fee for all permits as provided by this chapter. (5) Notwithstanding the foregoing, no fee shall be required of or paid by taxing entities or districts, including but not limited to fire districts, school districts, park districts and the like. (6) In the event that a building permit is not approved, the applicant shall be entitled to a refund of 50% of the fee paid within one year of issuance,provided that no construction has commenced. § 144-9 - Issuance or denial of building permit. A. The Building Inspector shall approve or disapprove the application within a reasonable time, and in all events within 10 business days. B. Upon approval of the application and upon receipt of the legal fees therefor, he shall issue a building permit to the applicant upon the form prescribed by him and shall affix his signature or cause his signature to be affixed thereto. C. Upon approval of the application, two sets of plans and specifications shall be endorsed with the word "approved." One set of such approved plans and specifications shall be retained in the offices of the Building Inspector and the other set shall be returned to the applicant, together with the building permit, and shall be kept at the building site, open to inspection by the Building Inspector or his authorized representative at all reasonable times. D. If the application, together with plans, specifications and other documents filed therewith, describes proposed work which does not conform to all the requirements of the Uniform Code and all other applicable building regulations, the Building Inspector shall disapprove the same and shall return the plans and specifications to the applicant. The Building Inspector shall cause such refusal, together with the reasons therefor, to be transmitted to the applicant in writing. Page 46 November 1, 2022 Southold Town Board Board Meeting §144-10 - Pef f ,ffi,nee ofwefk Undef P,,,.,nA Climatic And Geographic Design Criteria. . Town of Southold! At-I D. Building pefmits shall be N,isibly displayed a4 the war4 site a-ad shall r-emain visible tmtil t-�e allt zad . it-h g- been seRVIeted A. The Building Inspector shall determine the climatic and geographic design criteria for buildings and structures constructed within this Town of Southold as required by the Uniform Code. Such determinations shall be made in the manner specified in the Uniform Code using, where applicable, the maps, charts, and other information provided in the Uniform Code. The criteria to be so determined shall include but shall not necessarily be limited to, the following (1) design criteria to include ground snow load; wind design loads, seismic category, potential damage from weathering, frost, and termite; winter design temperature; whether ice barrier underlayment is required; the air freezing index; and the mean annual temperature; (2) heating and cooling equipment design criteria for structures within the scope of the RCNYS. The design criteria shall include the data identified in the Design Criteria Table found in Chapter 3 of the RCNYS; and (3) flood hazard areas, flood hazard maps, and supporting data. The flood hazard map Page 47 November 1, 2022 Southold Town Board Board Meeting shall include, at a minimum, special flood hazard areas as identified by the Federal Emergency Management Agency in the Flood Insurance Study for the community, as amended or revised with: (i) the accompanying Flood Insurance Rate Map (FIRM; (ii) Flood Boundary and Floodway Map (FBFM); and (iii) related supporting data along with any revisions thereto. B. The Building Inspector shall prepare a written record of the climatic and eg ographic design criteria determined pursuant to subdivision(a) of this section, shall maintain such record within the office of the Building Inspector, and shall make such record readily available to the public. § 144-11 - Building permit fees. A. Upon filing of an application for a building permit, fees shall be paid in accordance with § 144-8 of the Town Code. B. In the event that a building permit expires as set forth in § 144-8I, the applicant shall remit an additional fee in an amount equal to 50% of the fee paid in connection with the original application to renew the building permit. C. In the event that an application for a building permit is not approved, the applicant shall be entitled to a refund of 50% of the fee paid, provided that no construction has been commenced. If construction work has been started and the application is not approved, the fees paid shall not be refunded. § 144-12- Revocation of building permit. The Building Inspector may revoke a building permit theretofore issued and approved in the following instances: A. Where he finds that there has been any false statement or misrepresentation as to a material fact in the application, plans or specifications on which the building permit was based. B. Where he finds that the building permit was issued in error because of incorrect, inaccurate or incomplete information, or that the work for which a building permit was issued violates the Uniform Code or the Energy Code, the Building Inspector shall revoke the building permit or suspend the building permit until such time as the permit holder demonstrates that all work then completed is in compliance with all applicable provisions of the Uniform Code and the Energy Code and all work then proposed to be performed shall be in compliance with all applicable provisions of the Uniform Code and the Energy Code. C. Where he finds that the work performed under the permit is not being prosecuted in accordance with the provisions of the application,plans or specifications. D. Where the person to whom a building permit has been issued fails or refuses to comply with a stop-work order issued by the Building Inspector. § 144-13 - Stop-work orders. A. The Building Inspector is authorized to issue stop-work orders pursuant to this section. The Building Inspector shall issue a stop-work order to halt: Page 48 November 1, 2022 Southold Town Board Board Meeting (1) Any work that is determined by the Building Inspector to be contrary to any applicable provision of the Uniform Code or the Energy Code, without regard to whether such work is or is not work for which a building permit is required, and without regard to whether a building permit has or has not been issued for such work; or (2) Any work that is being conducted in a dangerous or unsafe manner in the opinion of the Building Inspector, without regard to whether such work is or is not work- for which a building permit is required, and without regard to whether a building permit has or has not been issued for such work; or (3) Any work for which a building permit is required which is being performed without the required building permit, or under a building permit that has become invalid, has expired, or has been suspended or revoked. B. Content of Stop Work Orders. Stop Work Orders shall: (1) be in writing; (2) be dated and signed by the Building Inspector; (3) state the reason or reasons for issuance; and (4) if applicable, state the conditions which must be satisfied before work will be permitted to resume. C. The Building Inspector shall cause the stop-work order, or a copy thereof, to be served on the owner of the affected property, and if the owner is not the permit holder, on the permit holder,personally or by certified mail to the owner or permit holder and posting at the work site. The Building Inspector shall be permitted,but not required, to cause the stop-work order, or a copy thereof, to be served on any or all of the following: builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other person taking part or assisting in work affected by the stop-work order, personally or by certified mail and posting;provided, however, that failure to serve any person listed above shall not affect the efficacy of the stop-work order. D. Upon the issuance of a stop-work order, the owner of the affected property, the permit holder and any other person performing, taking part in or assisting in the work shall immediately cease all work which is the subject of the stop-work order, other than work expressly authorized by the Building Inspector or Code Enforcement Officer to correct the reason for issuing the Stop Work Order. E. The issuance of a stop-work order shall not be the exclusive remedy available to address any event described in this section, and the authority to issue a stop-work order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under any other applicable local or state law. Any such remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a stop-work order. § 144-14 - Right of entry. Any Building Inspector, upon the showing of proper credentials and in the discharge of his duties, may enter upon any building, structure or premises at any reasonable hour, and no person shall interfere with or prevent such entry. Page 49 November 1, 2022 Southold Town Board Board Meeting § 144-15 - Certificate of occupancy required; application. A. No building hereafter erected shall be used or occupied in whole or in part until a certificate of occupancy shall have been issued by the Building Inspector. B. No building hereafter enlarged, extended or altered, or upon which work has been performed which required the issuance of a building permit, shall be occupied or used unless a certificate of occupancy shall have been issued by the Building Inspector. C. No change shall be made in the use or type of occupancy of an existing building unless a certificate of occupancy authorizing such change shall have been issued by the Building Inspector. D. The owner or his agent shall make application for a certificate of occupancy. Accompanying his application and before the issuance of a certificate of occupancy, there shall be filed by the Building Inspector an affidavit of the registered architect or licensed professional engineer who filed the original plans, or of the registered architect or licensed professional engineer who supervised the construction of the work, or of the building contractor who supervised the work and who, by reason of his experience, is qualified to superintend the work for which the certificate of occupancy is sought. This affidavit shall state that the deponent has examined and approved plans of the structure for which a certificate of occupancy is sought, that the structure has been erected in accordance with approved plans and, as erected, complies with the Uniform Code and Energy Code and other laws governing building construction except insofar as variations therefrom have been legally authorized. Such variations shall be specified in the affidavit. E. Certificates of Occupancy and Certificates of Compliance required. A Certificate of Occupancy or Certificate of Compliance shall be required for any work which is the subject of a Building Permit and for all structures, buildings, portions thereof, which are converted from one use or occupancy classification or subclassification to another. Permission to use or occupy a building or structure, or portion thereof, for which a Building Permit was previously issued shall be granted only by issuance of a Certificate of Occupancy or Certificate of Compliance. F. Issuance of Certificates of Occupancy and Certificates of Compliance. The Building Inspector shall issue a Certificate of Occupancy or Certificate of Compliance if the work which was the subject of the Building Permit was completed in accordance with all applicable provisions of the Uniform Code and Energy Code and, if applicable, that the structure, building or portion thereof that was converted from one use or occupancy classification or subclassification to another complies with all applicable provisions of the Uniform Code and Energy Code. The Building Inspector or an Code Enforcement Officer authorized by the Building Inspector shall inspect the building, structure, or work prior to the issuance of a Certificate of Occupancy or Certificate of Compliance. In addition, where applicable, the following documents,prepared in accordance with the provisions of the Uniform Code b. such or persons as may be designated by or otherwise acceptable to the Building _Inspector, at the expense of the applicant for the Certificate of Occupancy or Certificate of Compliance, shall be provided to the Building Inspector prior to the issuance of the Certificate of Occupancy or Certificate of Compliance: Page 50 November 1, 2022 Southold Town Board Board Meeting (1) a written statement of structural observations and/or a final report of special inspections, (2) flood hazard certifications, (3) a written statement of the results of tests performed to show compliance with the Energy Code, and (4) where applicable, the affixation of the appropriate seals, insignias, and manufacturer's data plates as required for factory manufactured buildings and/or manufactured homes. G. Contents of Certificates of Occupancy and Certificates of Compliance. A Certificate of Occupancy or Certificate of Compliance shall contain the following information: (1) the Building Permit number, if any; (2) the date of issuance of the Building Permit, if any; (3) the name (if any), address and tax map number of the property; (4) if the Certificate of Occupancy or Certificate of Compliance is not applicable to an entire structure, a description of that portion of the structure for which the Certificate of Occupancy or Certificate of Compliance is issued; (5) the use and occupancy classification of the structure; (6) the type of construction of the structure; (7) the occupant load of the assembly areas in the structure, if any; (8) any special conditions imposed in connection with the issuance of the Building Permit; and (9) the signature of the Building Inspector issuing the Certificate of Occupancy or Certificate of Compliance and the date of issuance. H. Temporary Certificate of Occupancy. The Building Inspector shall be permitted to issue a Temporary Certificate of Occupancy allowing the temporary occupancy of a building or structure, or a portion thereof,prior to completion of the work which is the subject of a Building Permit. However, in no event shall the Building Inspector issue a Temporary Certificate of Occupancy unless the Building Inspector determines (1) that the building or structure, or the portion thereof covered by the Temporary Certificate of Occupancy, may be occupied safely, (2) that any required fire and life safety components, such as fire protection equipment and fire, smoke, carbon monoxide, and heat detectors and alarms are installed and operational, and(3) that all required means of egress from the structure have been provided. The Building Inspector may include in a Temporary Certificate of Occupancy such terms and conditions as he or she deems necessary or appropriate to ensure the health and safety of the persons occupying and using the building or structure and/or performing further construction work in the building or structure. A Temporary Certificate of Occupancy shall be effective for a period of time, not to exceed [specify interval - DOS suggests interval not to exceed 6 months] months, which shall be determined by the Building Inspector and specified in the Temporary Certificate of Occupancy. Duringthe he specified period of effectiveness of the Temporary Certificate of Occupancy, the Permit Holder shall undertake to bring the building or structure into full compliance with all applicable provisions of the Uniform Code and the Energy Code. I. Revocation or suspension of certificates. If the BuildingInspector determines that a Certificate of Occupancy, Certification of Compliance, or a Temporary Certificate of Occupancy was issued in error or on the basis of incorrect information, and if the relevant Page 51 November 1, 2022 Southold Town Board Board Meeting deficiencies are not corrected to the satisfaction of the Building Inspector within such period of time as shall be specified by the Building Inspector, the Building Inspector shall revoke or suspend such certificate. J. Fee. The fee specified in or determined in accordance with the provisions set forth in this chapter must be paid at the time of submission of an application for a Certificate of Occupancy, Certificate of Compliance, or for Temporary Certificate of Occupancy. K- Certificate of occupancy fees. (1) The following fees shall be paid upon the filing of an application with the Building Inspector for a building permit, which fee shall be paid into the general fund if the application is approved or returned to the applicant if the application is denied: (a) Business buildings and/or business uses and additions and alterations thereto: $50. (b) New dwellings and additions and alterations thereto: $50. (c) Accessory buildings and additions and alterations thereto: $50. (d) Preexisting dwellings: $100. (e) Updated certificates of occupancy by reason of additions or alterations: $50. (f) Copies of certificates of occupancy: $0.25. (2) Notwithstanding the foregoing, no fee shall be required or paid by taxing entities or districts, including but not limited to fire districts, "school districts,park districts and the like. § 144-16 - Inspection prior to issuance of certificate; records. A. Before issuing a certificate of occupancy, the Building Inspector shall examine or cause to be examined all buildings, structures and sites for which an application has been filed for a building permit to construct, enlarge, alter, repair, remove, demolish or change the use or occupancy; and he may conduct such inspections as he deems appropriate from time to time during and upon completion of the work for which a building permit has been issued. B. There shall be maintained by the Building Inspector a record of all such examinations and inspections, together with a record of findings of violations of the Uniform Code, the Energy Code, and other applicable laws. A. The Building hispeetef shall issue a eet4ifiea+e of aeettpaiiey if the wer4E whieh was the of the Uf14efm Cede, the Enefgy Gede > if applieable, that the stfuetttfe, bttildiiig--ef Page 52 November 1, 2022 Southold Town Board Board Meeting ; (2) The date of isstfaiiee of the btiilding peffflit, if ; , (6) The t'�ffpv of eafistr'"-c etio,, f the s4uet (10) The signaWfe of the Building inspeetof issuing the eei4ifiea4e of Oeeupafley and the da4e of issttatiee. § 144-4-8 17 - Temporary certificates of occupancy; fee. Upon request, and the payment of a fee of$25, the Building Inspector may issue a temporary certificate of occupancy for a building or structure or part thereof before the entire work covered by the building permit shall have been completed, provided that such portion or portions as have been completed may be occupied safely without endangering life or the public welfare. § 144-4-9 18 - Tests for compliance with standards. Whenever there are reasonable grounds to believe that any material, construction, equipment or assembly does not conform to the requirements of the Uniform Code or the applicable building laws, ordinances or regulations, the Building Inspector may require the same to be subjected to tests in order to furnish proof of such compliance. §144-19 - Operating Permits. A Operation Permits required. Operating Permits shall be required for conducting any process or activity or for operating any type of building, structure, or facility listed below: (1) manufacturing, storing,toring, or handling hazardous materials in quantities exceeding those listed in the applicable Maximum Allowable Quantity tables found in Chapter 50 of the FCNYS; (2) buildings, structures, facilities,processes, and/or activities that are within the scope and/or permit requirements of the chapter or section title of the FCNYS as follows: (a) Chapter 22, "Combustible Dust-Producing Operations."Facilities where the operation produces combustible dust; (b) Chapter 24, "Flammable Finishes." Operations utilizing flammable or combustible liquids, or the application of combustible powders regulated Page 53 November 1, 2022 Southold Town Board Board Meeting by Chapter 24 of the FCNYS; (c) Chapter 25, "Fruit and Crop Ripening." Operating a fruit- or crop-ripening facility or conducting a fruit-ripening_process using ethylene_ gas; (d) Chapter 26, "Fumigation and Insecticidal Fogging." Conducting fumigation or insecticidal fogging operations in buildings, structures, and spaces, except for fumigation or insecticidal fogging performed by the occupant of a detached one-family dwelling; (e) Chapter 31, "Tents, Temporary Special Event Structures, and Other Membrane Structures." Operating an air-supported temporary membrane structure, a temporary special event structure, or a tent where approval is required pursuant to Chapter 31 of the FCNYS; (f) Chapter 32, "High-Piled Combustible Storage." High-piled combustible storage facilities with more than 500 square feet(including aisles) of high- piled storage; (g) Chapter 34, "Tire Rebuilding and Tire Storage." Operating a facility that stores in excess of 2,500 cubic feet of scrap tires or tire byproducts or operating a tire rebuilding plant; (h) Chapter 35, "Welding and Other Hot Work." Performing public exhibitions and demonstrations where hot work is conducted, use of hot work, welding, or cutting equipment, inside or on a structure, except an operating permit is not required where work is conducted under the authorization of a building permit or where performed by the occupant of a detached one- or two-family dwelling; (i) Chapter 40, "Sugarhouse Alternative Activity Provisions." Conducting an alternative activity at a sugarhouse; (i) Chapter 56, "Explosives and Fireworks."Possessing, manufacturing,. storing, handling, selling,elling, or using, explosives, fireworks, or other pyrotechnic special effects materials except the outdoor use of sparkling devices as defined by Penal Law section 270; (k) Section 307, "Open Burning, Recreational Fires and Portable Outdoor Fireplaces." Conducting open burning, not including recreational fires and portable outdoor fireplaces; (i) Section 308, "Open Flames." Removing paint with a torch, or using open flames, fire, and burning in connection with assembly areas or educational occupancies; and (1) Section 319, "Mobile Food Preparation Vehicles." Operating a mobile food preparation vehicle in accordance with the permitting requirements as hereafter amended from time to time. (3) energy storage systems, where the system exceeds the values shown in Table 1206.1 of the FCNYS or exceeds the permitted aggregate ratings in section R327.5 of the RCNYS. (4) buildings containing one or more assembly areas; (5) outdoor events where the planned attendance exceeds 1,000 persons; (6) facilities that store, handle or use hazardous production materials; (7) parking_garages as defined in this chapter; Page 54 November 1, 2022 Southold Town Board Board Meeting (8) buildings whose use or occupancy classification may pose a substantial potential hazard to public safety, as determined by resolution adopted by the Town Board of the Town of Southold; and (9) other processes or activities or for operating any type of building, structure, or facility as determined by resolution adopted by the Town Board of the Town of Southold. Any person who proposes to undertake any activity or to operate any type of building listed in this subdivision (a) shall be required to obtain an Operating Permit prior to commencing such activity or operation. B. Applications for Operating Permits. An application for an Operating Permit shall be in writing on a form provided by or otherwise acceptable to the Building Inspector. Such application shall include such information as the Building Inspector deems sufficient to permit a determination by the Building Inspector that quantities, materials, and activities conform to the requirements of the Uniform Code. If the Building Inspector determines that tests or reports are necessary to verify conformance, such tests or reports shall be performed or provided by such person or persons as may be designated by or otherwise acceptable to the Building Inspector, at the expense of the apl2licant. C. Exemptions. Operating permits shall not be required for processes or activities, or the buildings, structures, or facilities listed in paragraphs (1) through(7) of subdivision (a) of this section, provided that the use is expressly authorized by a certificate of occupancy or certificate of compliance, fire safety and property maintenance inspections are performed in accordance with section 11 (Fire Safety and Property Maintenance Inspections) of this chapter, and condition assessments are performed in compliance with section 13 (Condition Assessments of Parking Garages) of this chapter, as applicable. D Inspections. The Building Inspector or an Inspector authorized by the Building Inspector shall inspect the subject premises prior to the issuance of an Operating Permit. Such inspections shall be performed either in-person or remotely. Remote inspections in lieu of in-person inspections may be performed when, at the discretion of the Building Inspector or an Inspector authorized by the Building Inspector, the remote inspection can be performed to the same level and quality as an in-person inspection and the remote inspection shows to the satisfaction of the Building Inspector or Code Enforcement Officer authorized by the Building Inspector that the premises conform with the applicable requirements of the Uniform Code and the code enforcement program. Should a remote inspection not afford the Town of Southold sufficient information to make a determination, an in-person inspection shall be performed. After inspection, the premises shall be noted as satisfactory and the operating permit shall be issued, or the operating permit holder shall be notified as to the manner in which the premises fail to comply with either or both of the Uniform Code and the code enforcement program, including a citation to the specific provision or provisions that have not been met. E Multiple Activities. In any circumstance in which more than one activity listed in subdivision (a) of this section is to be conducted at a location, the Building Inspector may require a separate Operating Permit for each such activity, or the Building Inspector maY, in their discretion, issue a single Operating Permit to apply to all such activities. F Duration of Operating Permits. Operating permits shall be issued for a specified period of time consistent with local conditions,but in no event to exceed as follows: (1) thirty (30) days for tents, special event structures, and other membrane structures; Page 55 November 1, 2022 Southold Town Board Board Meeting (2) thirty (30) days for alternative activities at a sugarhouse; (3) three (3) years for the activities, structures, and operations determined Per para_r�(9) of subdivision(a) of this section, and (4) One (1)year for all other activities, structures, and operations identified in subdivision (a) of this section. The effective period of each Operating Permit shall be specified in the Operating Permit. An Operating Permit may be reissued or renewed upon application to the Building Inspector,payment of the aP12licable fee, and approval of such application by the Building Inspector. G Revocation or suspension of Operating Permits. If the Building Inspector determines that any activity or building for which an Operating Permit was issued does not comply with any applicable provision of the Uniform Code, such Operating Permit shall be revoked or suspended. H Fee. The fee specified in or determined in accordance with the provisions set forth in section 18 (Fees) of this chapter must be paid at the time submission of an application for an Operating Permit, for an amended Operating Permit, or for reissue or renewal of an Operating Permit. 144-20 - CONDITION ASSESSMENTS OF PARKING GARAGES. A Definitions. For the purposes of this section: (1) the term"condition assessment" means an on-site inspection and evaluation of a park-ing garage for evidence of deterioration of any structural element or building component of such parking garage evidence of the existence of any unsafe condition in such parking_garage, and evidence indicating that such Parking Larne is an unsafe structure; (2) the term"deterioration" means the weakening, disintegration, corrosion, rust, or decay structural element or building component, or any other loss of effectiveness of a structural element or building component; (3) the term"parking_garage" means any building or structure, or part thereof, in which all or any part of any structural level or levels is used for parking or storage of motor vehicles, excluding: (a) buildings in which the only level used for parking or storage of motor vehicles is on grade; (b) an attached or accessory structure providing parking exclusively for a detached one- or two-family dwelling; and (c) a townhouse unit with attached parking exclusively for such unit; (4) the term"professional engineer" means an individual who is licensed or otherwise authorized under Article 145 of the Education Law to practice the profession of engineering in the State of New York and who has at least three years of experience performing structural evaluations; (5) the term"responsible professional engineer"means the professional engineer who performs a condition assessment, or under whose supervision a condition assessment is performed, and who seals and signs the condition assessment report. The use of the term "responsible professional engineer" shall not be construed as limiting the professional responsibility or liability of M professional engineer, or of any other licensed professional, who participates in the preparation of a Page 56 November 1, 2022 Southold Town Board Board Meeting condition assessment without being the responsible Professional engineer for such condition assessment. (6) the term"unsafe condition" includes the conditions identified as "unsafe"in section 304.1.1, section 305.1.1, and section 306.1.1 of the PMCNYS; and (7) the term"unsafe structure"means a structure that is so damaged, decal dilapidated, or structurally unsafe, or is of such faulty construction or unstable foundation, that partial or complete collapse is possible. B Condition Assessments - general requirements. The owner operator of each parking garage shall cause such parking ,garage to undergo an initial condition assessment as described in subdivision (c) of this section,periodic condition assessments as described in subdivision (d) of this section, and such additional condition assessments as may be required under subdivision(e) of this section. Each condition assessment shall be conducted by or under the direct supervision of a professional engineer. A written report of each condition assessment shall be prepared, and provided to the Town of Southold, in accordance with the requirements of subdivision (f) of this section. Before performing a condition assessment (other than the initial condition assessment) of a parking garage, the responsible professional engineer for such condition assessment shall review all available previous condition assessment reports for such parking garage. C Initial Condition Assessment. Each parking garage shall undergo an initial condition assessment as follows: (1) Parkink garages constructed on or after August 29, 2018, shall undergo an initial condition assessment following construction and prior to a certificate of occupancy or certificate of compliance being issued for the structure. (2) Parking garages constructed prior to August 29, 2018, shall undergo an initial condition assessment as follows: (a) if originally constructed prior to January 1, 1984, then prior to October 1, 2019; (b) if originally constructed between January 1, 1984 and December 31, 2002, then prior to October 1, 2020; and (c) if originally constructed between January 1, 2003 and August 28, 20185 then prior to October 1, 2021. (3) Any parking_grarage constructed prior to the effective date of the chapter enacting this provision that has not undergone an initial condition assessment prior to that effective date shall undergo an initial condition assessment prior to six (6) months after the effective date of this chapter. D Periodic Condition Assessments. Following the initial condition assessment of a parking garage, such parking garage shall undergo periodic condition assessments at intervals not to exceed three (3) years. E Additional Condition Assessments. (1) If the latest condition assessment report for a parking garage includes a recommendation by the responsible professional engineer that an additional condition assessment of such parking_garage, or any portion of such parking garage,be performed before the date by which the next periodic condition assessment would be required under subdivision (c) of this section, the owner or operator of such parking garage shall cause such parking_garage (or, if applicable, Page 57 November 1, 2022 Southold Town Board Board Meeting the portion of such parking garage identified by the responsible Professional engineer) to undergo an additional condition assessment no later than the date recommended in such condition assessment report. (2) If the Town of Southold becomes aware of any new or increased deterioration which, in the judgment of the Town of Southold, indicates that an additional condition assessment of the entire parking .garage, or of the portion of the parking garage affected by such new or increased deterioration, should be performed before the date by which the next periodic condition assessment would be required under subdivision(c) of this section, the owner or operator of such parking garage shall cause such parking_ a�rage(or, if applicable, the portion of the parking garage affected by such new or increased deterioration) to undergo an additional condition assessment no later than the date determined by the Town of Southold to be appropriate. F Condition Assessment Reports. The responsible professional engineer shall prepare, or directly supervise the preparation of, a written report of each condition assessment, and shall submit such condition assessment report to the Town of Southold within sixty (60) days. Such condition assessment report shall be sealed and signed by the responsible professional engineer, and shall include: (1) an evaluation and description of the extent of deterioration and conditions that cause deterioration that could result in an unsafe condition or unsafe structure, (2) an evaluation and description of the extent of deterioration and conditions that cause deterioration that, in the opinion of the responsible professional engineer, should be remedied immediatelyprevent an unsafe condition or unsafe structure; (3) an evaluation and description of the unsafe conditions; (4) an evaluation and description of the problems associated with the deterioration, conditions that cause deterioration, and unsafe conditions; (5) an evaluation and description of the corrective options available, including the recommended timeframe for remedying the deterioration, conditions that cause deterioration, and unsafe conditions, (6) an evaluation and description of the risks associated with not addressing the deterioration, conditions that cause deterioration, and unsafe conditions; (7) the responsible professional engineer's recommendation regarding preventative maintenance; (8) except in the case of the report of the initial condition assessment, the responsible professional engineer's attestation that he or she reviewed all previously prepared condition assessment reports available for such parking_garage, and considered the information in the previously prepared reports while performing the current condition assessment and while preparing the current report; and (9) the responsible professional engineer's recommendation regarding the time within which the next condition assessment of the parking garage or portion thereof should be performed. In making the recommendation regarding the time within which the next condition assessment of the parl�garage or portion thereof should be performed, the responsible professional engineer shall consider the parking_gara eg 's age, maintenance history, structural condition, construction Page 58 November 1, 2022 Southold Town Board Board Meeting materials, frequency and intensity of use, location, exposure to the elements, and any other factors deemed relevant by the responsible professional engineer in their professional judgment. G Review Condition Assessment Reports. The Town of Southold shall take such enforcement action or actions in response to the information in such condition assessment report as may be necessary or appropriate to protect the public from the hazards that may result from the conditions described in such report. In particular, but not by way of limitation, the Town of Southold shall, by Order to Remedy or such other means of enforcement as the Town of Southold may deem appropriate, require the owner or operator of the parking garage to repair or otherwise remedy all deterioration, all conditions that cause deterioration, and all unsafe conditions identified in such condition assessment report pursuant to paragraphs (2) and (3) of subdivision (1). All repairs and remedies shall comply with the applicable provisions of the Uniform Code. This section shall not limit or impair the right of the Town of Southold to take any other enforcement action, including but not limited to suspension or revocation of a parking garage's operating permit, as may be necessary or appropriate in response to the information in a condition assessment report. H The Town of Southold shall retain all condition assessment reports for the life of the parking_garage. Upon request by a professional engineer who has been engaged to perform a condition assessment of a parking garage and who provides the Town of Southold with a written statement attesting to the fact that he or she has been so engaged, the Town of Southold shall make the previously_prepared condition assessment reports for such parking garage (or copies of such reports) available to such professional engineer. The Town of Southold shall be permitted to require the owner or operator of the subject parking garage to pay all costs and expenses associated with making such previously prepared condition assessment reports (or copies thereof) available to the professional engineer. I This section shall not limit or impair the right or the obligation of the Town of Southold: (1) to perform such construction inspections as are required by section 5 (Construction Inspections) of this chapter; (2) to perform such periodic fire safety and property maintenance inspections as are required by section 144-12 (_Fire Safety and Property Maintenance Inspections) of this chapter; and/or (3) to take such enforcement action or actions as may be necessary or appropriate to respond to any condition that comes to the attention of the Town of Southold by means of its own inspections or observations, by means of a complaint, or by any other means other than a condition assessment or a report of a condition assessment. §144-21 -NOTIFICATION REGARDING FIRE OR EXPLOSION. The chief of any fire department providing firefighting services for a property within this Town of Southold shall promptly the Building Inspector of any fire or explosion involving any structural damage, fuel burning appliance, chimney, or gas vent. 144-22 UNSAFE BUILDINGS, STRUCTURES, AND EQUIPMENT AND CONDITIONS Page 59 November 1, 2022 Southold Town Board Board Meeting OF IMMINENT DANGER Unsafe buildings, structures, and equipment and conditions of imminent danger in this Town of Southold shall be identified and addressed in accordance with the procedures established by Chapter 100 of the Town Code, as now in effect or as hereafter amended from time to time. §144-23 FIRE SAFETY AND PROPERTY MAINTENANCE INSPECTIONS A Inspections required. Fire safety and property maintenance inspections of buildings and structures shall be performed by the Building Inspector or an Code Enforcement Officer designated by the Building Inspector at the following intervals: (1) at least once every twelve (12) months for buildings which contain an assembly area, (2) at least once every twelve (12) months for public and private schools and colleges, including any buildings of such schools or colleges containing classrooms, dormitories, fraternities, sororities, laboratories,physical education, dining, or recreational facilities; and (3) at least once every thirty-six 36) months for multiple dwellings and all nonresidential occupancies. B Remote inspections. At the discretion of the Building Inspector or Inspector authorized to perform fire safety and property maintenance inspections, a remote inspection may be performed in lieu of in-person inspections when, in the opinion of the Building Inspector or such authorized Inspector, the remote inspection can be performed to the same level and quality as an in-person inspection and the remote inspection shows to the satisfaction of the Building Inspector or such authorized Inspector that the premises conform with the applicable provisions of 19 NYCRR Part 1225 and the publications incorporated therein by reference and the applicable provisions of 19 NYCRR Part 1226 and the publications incorporated therein by reference. Should a remote inspection not afford the Building Inspector or such authorized Inspector sufficient information to make a determination, an in-person inspection shall be performed. C Inspections permitted. In addition to the inspections required by subdivision (a) of this section, a fire safety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Building Inspector or an Inspector authorized to perform fire safety and property maintenance inspections at any time upon: (1) the request of the owner of the property to be inspected or an authorized agent of such owner; (2) receipt by the Building Inspector of a written statement alleging that conditions or activities failing to comply with the Uniform Code or Energy Code exist; or (3) receipt by the Building Inspector of any other information,reasonably believed by the Building Inspector to be reliable, giving rise to reasonable cause to believe that conditions or activities failing to comply with the Uniform Code or Energy Code exist; provided, however, that nothing in this subdivision shall be construed as permitting_ a�pection under any circumstances under which a court order or warrant permitting such inspection is required, unless such court order or warrant shall have been obtained. Page 60 November 1, 2022 Southold Town Board Board Meeting D OFPC Inspections. Nothing in this section or in any other provision of this chapter shall supersede, limit, or impair the powers, duties and responsibilities of the New York State Office of Fire Prevention and Control("OFPC") and the New York State Fire Administrator or other authorized entity under Executive Law section 156-e and Education Law section 807-b. Notwithstanding any other provision of this section to the contrary, the Building Inspector may accept an inspection performed by the Office of Fire Prevention and Control or other authorized entity pursuant to sections 807-a and 807-b of the Education Law and/or section 156-e of the Executive Law, in lieu of a fire safe . and property maintenance inspection performed by the Building Inspector or by an authorized Inspector,provided that: (1) the Building Inspector is satisfied that the individual performing such inspection satisfies the requirements set forth in 19 NYCRR section 1203.2(e), (2) the Building Inspector is satisfied that such inspection covers all elements required to be covered by a fire safety and property maintenance inspection; (3) such inspections are performed no less frequently than once a year; (4) a true and complete copy of the report of each such inspection is provided to the Building Inspector; and (5) upon receipt of each such report, the Building Inspector takes the appropriate action prescribed by section 17 (Violations) of this chapter. E Fee. The fee specified in or determined in accordance with the provisions set forth in section 18 (Fees) of this chapter must be paid prior to or at the time each inspection performed pursuant to this section. This subdivision shall not apply to inspections performed by OFPC. 144-24 - COMPLAINTS The Building Inspector shall review and investigate complaints which allege or assert the existence of conditions or activities that fail to comply with the Uniform Code, the Energy Code, this chapter, or any other chapter, ordinance or regulation adopted for administration and enforcement of the Uniform Code or the Energy Code. The process for responding to a complaint shall include such of the following steps as the Building Inspector may deem to be appropriate: (1) performingapection of the conditions and/or activities alleged to be in violation, and documenting the results of such inspection; (2) if a violation is found to exist,providing the owner of the affected property and any other Person who may be responsible for the violation with notice of the violation and opportunity to abate, correct or cure the violation, or otherwise proceeding in the manner described in section 144-26 of this chapter; (3) if appropriate, issuing Stop Work Order; (4) if a violation which was found to exist is abated or corrected,performing an inspection to ensure that the violation has been abated or corrected, preparing a final written report reflecting such abatement or correction, and filing such report with the complaint. § 144-N 25 - Compliance required; penalties for offenses. Page 61 November 1, 2022 Southold Town Board Board Meeting , , A Orders to Remedy. The Building Inspector is authorized to order in writing the remedying of aLiy condition or activity found to exist in, on or about any building, structure, or premises in violation of the Uniform Code, the Energy Code, or this chapter. An Order to Remedy shall be in writing; shall be dated and si_ng ed by the Building Inspector; shall specify the condition or activity that violates the Uniform Code, the Energy Code, or this chapter; shall specify the provision or provisions of the Uniform Code, the Energy Code, or this chapter which is/are violated by the specified condition or activity; and shall include a statement substantially similar to the following_ "The person or entity served with this Order to Remedy must completely remedy each violation described in this Order to Remedy by[specify datel, which is thirty (301 days after the date of this Order to Remedy." The Order to Remedy include provisions ordering the person or entity served with such Order to Remedy_(1) to begin to remedy the violations described in the Order to Remedy immediately, or within some other specified period of time which may be less than thirty (30) days; to continue diligently to remedy such violations until each such violation is fully remedied, and, in any event, to complete the remedying of all such violations within thirty(30) days of the date of such Order to Remedy; and/or(2) to take such other protective actions (such as vacating the building or barricading the area where the violations exist)which are authorized by this chapter or by any other applicable statute, regulation, rule, chapter or ordinance, and which the Building Inspector may deem appropriate, during the period while such violations are being remedied. The Building Inspector shall cause the Order to Remedy, or a cojy thereof, to be served on the owner of the affected property personally or by registered mail or certified mail within five (5) days after the date of the Order to Remedy. The Building Inspector shall be permitted, but not required, to cause the Order to Remedy, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other person taking part or assisting in work being performed at the affected property personally or by registered mail or certified mail within five (5) days after the date of the Order to Remedy; provided, however, that failure to serve any Person mentioned in this sentence shall not affect the efficacy of the Compliance Order. B Appearance Tickets. The Building Inspector and each Inspector are authorized to issue appearance tickets for any violation of the Uniform Code. C Penalties. In addition to such other penalties as may be prescribed by State law, &.-LD For each offense against any provisions of the Uniform Code, Energy Code, or of this chapter, or any regulations made pursuant thereto, or failure to comply with a written notice or order of any Building Inspector within the time fixed for compliance therewith, the owner, occupant, builder, architect, contractor or their agents or any other person who commits, takes part or assists in the commission Page 62 November 1, 2022 Southold Town Board Board Meeting of any such offense or who shall fail to comply with a written order or notice of any Building Inspector shall, upon a first conviction thereof, be guilty of a violation punishable by a fine not to exceed $5,000 or imprisonment for a period not to exceed 15 days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense. For a second and subsequent conviction within 36 months thereafter, such person shall be guilty of a violation punishable by a fine not to exceed $10,000 or imprisonment for a period not to exceed 15 days, or both such fine and imprisonment. It shall be unlawful for any person, firm or corporation to erect a tent in violation of the provisions of this chapter, or to fail in any manner to comply with a notice, directive or order of the Building Inspector or Code Enforcement Official; the owner, occupant, or their agents or other person who commits any such offense shall, upon first conviction thereof, be guilty of a violation punishable by a fine not to exceed $1,000. Each day on which such violation shall occur shall constitute a separate, additional offense. For a second and subsequent conviction within 36 months thereafter, such person shall be guilty of a violation punishable by a fine not to exceed $2,500. D Injunctive Relief. An action or proceeding my be instituted in the name of this Town of Southold, in a court of competent jurisdiction, to prevent, restrain, enjoin, correct, or abate any violation of,, or to enforce, my provision of the Uniform Code, the Energy Code, this chapter, or any term or condition of any Building Permit, Certificate of Occupancy, Certificate of Compliance, Temporary Certificate, Stop Work Order, Operating Permit, Order to Remedy, or other notice or order issued by the Building Inspector pursuant to any provision of this chapter. In particular, but not by way of limitation, where the construction or use of a building or structure is in violation of any provision of the Uniform Code, the Energy Code, this chapter, or any Stop Work Order, Order to Remedy or other order obtained under the Uniform Code, the Energy Code or this chapter, an action or proceeding may be commenced in the name of this Town of Southold, in the Supreme Court or in any other court havingthe he requisite jurisdiction, to obtain an order directing the removal of the building or structure or an abatement of the condition in violation of such provisions. No action or proceeding described in this subdivision shall be commenced without the appropriate authorization from the Town Board of this Town of Southold. E Remedies Not Exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or remedy available to address any violation described in this section, and each remedy or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this section, in section 144-13 (Stop Work Orders) of this chapter, in any other section of this chapter, or in any other applicable law. Any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this section, in section 144-13 (Stop Work Orders) of this chapter, in any other section of this chapter, or in any other applicable law. In particular,but not by way of limitation, each remedy and penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the penalties specified in subdivision (2) of section 382 of the Executive Law, and any remedy or penalty Page 63 November 1, 2022 Southold Town Board Board Meeting specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of my_penalty specified in subdivision(2) of section 382 of the Executive Law. § 144-24-26 -Abatement of violations. Appropriate actions and proceedings may be taken at law or in equity to prevent unlawful construction or to restrain, correct or abate a violation or to prevent illegal occupancy of a building, structure or premises or to prevent illegal acts, conduct or business in or about any premises; and those remedies shall be in addition to the penalties prescribed in the preceding section. §144-27 - INTERMUNICIPAL AGREEMENTS The Town Board of this Town of Southold may, by resolution, authorize the Town of Southold to enter into an agreement, in the name of this Town of Southold, with other ;Zovernments to carry out the terms of this chapter, provided that such agreement does not violate my provision of the Uniform Code, the Energy Code, Part 1203 of Title 19 of the NYCRR, or an, other applicable law. III. SEVERABILITY If any clause, sentence,paragraph, section, or part of this Chapter 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 Chapter shall take effect immediately upon filing with the Secretary of State as provided by law. ✓Vote Record-Resolution RES-2022-897 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Sarah E.Nappa___ Voter. Q ❑ ❑ ❑ Q El El El Supervisor's Appt Greg Doroski Mover ❑ Tax Receiver's Appt Brian O.Mealy Seconder Q ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter Q,,,,,,, ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter Q ❑ ❑ ❑ ❑ No Action �. ❑ Lost 2022-898 CATEGORY.• Budget DEPARTMENT. Town Clerk Page 64 November 1, 2022 Southold Town Board Board Meeting Adopt Amended 2023 Annual Budget WHEREAS, the Town Board of the Town of Southold has met at the time and place specified in the notice of public hearings on the Preliminary Budget for the fiscal year beginning on January 1, 2023, and heard all persons desiring to be heard thereon; now, therefore, be it RESOLVED that the Town Board of the Town of Southold does hereby adopt such Preliminary Budget as amended as the Annual Budget of this Town for the fiscal year beginning on the 1st day of January 2023; and be it FURTHER RESOLVED that such budget as adopted by this Board be entered in detail in the minutes of the proceedings of this Town Board; and be it FURTHER RESOLVED that the Town Clerk of the Town of Southold shall prepare and certify copies of said annual budget as adopted by the Town Board of the Town of Southold, together with the estimates, if any, adopted pursuant to Section 202a, Subdivision 5 of the Town Law, and deliver a copy thereof to the County Legislature of the County of Suffolk. ✓Vote Record-Resolution RES-2022-898 ❑ Adopted ❑ Adopted as Amended ❑ Defeated Rl Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn Sarah E.Nappa Seconder.........Q...... .......❑.................❑..... ......❑.... ❑ Supervisor's Appt Greg Doroski Voter 10 ❑ ❑ ❑ ❑ Tax Receiver's Appt Brian O.Mealy Voter 10 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Mover ❑✓ ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter Rl ❑ ❑ ❑ ❑ No Action ❑ Lost Next:11/15/22 4:30 PM 2022-899 CATEGORY.• Budget DEPARTMENT: Town Clerk Adopt Annual Capital Budget for the Fiscal Year Beginning on the I St January 2023 WHEREAS, the Town Board of the Town of Southold has met at the time and place specified in the notice of public hearings on the Preliminary Capital Budget for the fiscal year beginning on January 1, 2023, and heard all persons desiring to be heard thereon, now, therefore, be it RESOLVED that the Town Board of the Town of Southold does hereby adopt such Preliminary Capital Budget, as amended, as the Annual Capital Budget of this Town for the fiscal year beginning on the 1st January 2023; and be it Page 65 November 1, 2022 Southold Town Board Board Meeting FURTHER RESOLVED that such capital budget as adopted by this Board be entered in detail in the minutes of the proceedings of this Town Board; and be it FURTHER RESOLVED that the Town Clerk of the Town of Southold shall prepare and certify copies of said annual Capital Budget as adopted by the Town Board of the Town of Southold, together with the estimates, if any, adopted pursuant to Section 202a, Subdivision 5 of the Town Law, and deliver a copy thereof to the County Legislature of the County of Suffolk. ✓Vote Record-Resolution RES-2022-899 ❑ Adopted ❑ Adopted as Amended ❑ Defeated 0 Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn Sarah E.Nappa Voter 21 ❑ ❑ ❑ ❑ Supervisor's Appt Greg Doroski Voter 10 ❑ ❑ ❑ ❑ Tax Receiver's Appt Brian O.Mealy Mover 0 ❑ ❑ ❑ ❑ Rescinded ,Till Doherty Voter lz ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 10 ❑ ❑ ❑ ❑ No Action ❑ Lost Next:11/15/22 4:30 PM VL Public Hearings 1. PH 11/01 7:00 PM- PH for CDBG Funds History: 11/01/22 Town Board ADJOURNED Next: 11/15/22 RESULT: ADJOURNED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER:Greg Doroski, Councilman AYES: Nappa, Doroski, Mealy, Doherty, Evans, Russell 2. Adopt Preliminary Budget & Set PH 11/1 4:00 Pm & 7:00 Pm - 2023 Budget Hearings RESULT: CLOSED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER:Greg Doroski, Councilman AYES: Nappa, Doroski, Mealy, Doherty, Evans, Russell Page 66