Loading...
HomeMy WebLinkAboutTB-11/21/2006 ELIZABETH A. NEVILLE Town Hall, 53095 Main Road TOWN CLERK PO Box 1179 Southold, NY 11971 REGISTRAR OF VITAL STATISTICS Fax (631)765-6145 MARRIAGE OFFICER Telephone: (631) 765 - 1800 RECORDS MANAGEMENT OFFICER southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD SOUTHOLD TOWN BOARD REGULAR MEETING MINUTES November 21, 2006 4:30 PM A Regular Meeting of the Southo1d Town Board was held Tuesday, November 21, 2006 at the Meeting Hall, 53095 Main Road, Southold, NY. Supervisor Russell opened the meeting at 4:30 PM with the Pledge of Allegiance to the Flag. Attendee Name Organization Title Status Arrived Albert Krupski Jr. Town of South old Councilman Present William P. Edwards Town of Southold Councilman Present Daniel C. Ross Town of Southold Councilman Present H.'....... .....M... Thomas H. Wickham Town of Southold Councilman Present Louisa P. Evans Town of Southold Justice Present Scott Russell Town of South old Supervisor Present Elizabeth A Neville Town of Southold Town Clerk Present Patricia A Finnegan Town of Southold Town Attornev Present I. Reports 1. Town Clerk Monthly Report October 2006 2. Island Group Claim Lag Report 10/31/06 3. Justice Evans October 2006 4. Justice William H. Price Jr. October 2006 5. Supervisor's Budget Report Page 1 November 21, 2006 Town of Southold Board Meeting Minutes October 2006 6. Program for the Disabled October 2006 7. NF A WL Financial Statements The 9 months ended 9/30/06 & 9/30/05 8. Board of Trustees October 2006 9. Justice Bruer October 2006 II. Public Notices 1. Amendment to Scallop Season Trustees 2. Liquor License Renewal The Pequot Inn 3. NYS Liquor License Renewal A Touch of Venice Restaurant, Mattituck III. Communications 1. Anti Bias Task Force Thank You 2. Letter From FIFD Thanking Town Clerk Staff IV. Discussion 1. 9:00 AM Phillip Beltz - Youth Bureau - Review ofInclusionary Zoning, as it pertains to 55+ communities 2. 9:30 AM Chief Cochran Plum Island 3. 10:00 AM Jim McMahon Page 2 ------ November 21, 2006 Town of Southold Board Meeting Minutes - 2007 Community Development Program & amendments to the 2005-2006 Budget - Temporary Driver/Messenger 4. Supervisor Russell Set Up meeting with - Town Board - Planning - Ag Advisory to discuss Ag zoning, Guild decision, etc. 5. Long Island North Shore Heritage Area 6. Executive Session - Property Acquisition Melissa Spiro, Randy Parsons, Land Pres Comm. 7. 1:30 PM Executive Session - Personnel Jim Bunchuck 8. 1:45 PM Executive Session - East Marion POD Mark Terry 9. Executive Session - Litigation 10. LL Regarding Chapter 144 11. Executive Session CSEA Contract Grievance V. Resolutions 1. Statement SUPERVISOR RUSSELL: Please rise for the Pledge of Allegiance. If you have had the chance to look at the agendas, you are welcome to come up now and address any issue on the agenda as it appears, before the Town Board. Anybody? Mrs. Egan. JOAN EGAN: Good evening, Joan Egan from East Marion. A very pleasant and healthful Thanksgiving for all of us and the cameras are working tonight, my dear? Good. So I will have to repeat what wasn't on the air before, that the disgraceful thing that some of you did three weeks ago, changing the budget and having your phony little conclave things on the phone. It was wrong and it hurt, I believe, many people. And I see your heads are all down as I speak, as well they should be. On the first page, we have Judge Evans and Judge Prices reports. Did anybody read any of them, other than Justice Evans? Page 3 November 21, 2006 Town of Southold Board Meeting Minutes COUNCILMAN EDWARDS: Yes. MS. EGAN: Good. So now you can see what is happening to our town and I hope when you go to... COUNCILMAN EDWARDS: Right. Our... MS. EGAN: Excuse me, I am not finished. And I hope when you go to bed at night, you pray for all our people for the horrible things that have happened to our town. Item 888, now I don't koow whether this is part of the category but the, we are still having problems with the water coming up all over and if they are doing their best that are keeping up with the flags that are getting torn and tattered and it is a problem for all of us with the wind and the crazy weather. So any money spent in that regard is good. Item 889, I am not going to go through the whole thing, it is my usual hype that I am always very concerned with the Town getting too much land in their name. I am afraid that at some point in time, with school budgets going off the wall that you may have to sell some of it. I don't want to hear that it can't happen, it happened in other places. Now, 890, the Recreation Center. Now, I think we are addressing this in several places, you are going to be floating a bond, I believe, for $200,000 to try to clean it up and Mr. McMahon was kind enough to tell me, I said I don't think it can be done for that amount and he said, well, the Town itself, he will do some of it, so that maybe and when do you think this bond might pass and when do you think they might really start working on the Recreation Center? SUPERVISOR RUSSELL: Right after the first of the year. MS. EGAN: Good. SUPERVISOR RUSSELL: The first item would be the roof and then everything could follow suit. MS. EGAN: Yeah, well, will there be any availability for the public to have some input on what they think might be better than... SUPERVISOR RUSSELL: Always willing to listen to people. They can come in and see me, I will sit down with them and Jim McMahon any time. MS. EGAN: Yeah. Because the entrance is ridiculous and I don't koow where it would be, I don't koow. I simply don't koow but I think we all have to think very carefully before we start throwing a lot of good money and then realize a year from now we made a big, big mistake. And of course, 892, the Program for the Aging and you koow how I feel about that caption. I guess that will never change. I didn't understand 893. SUPERVISOR RUSSELL: This requires, even though they are just improvements to our building, we are required to do SEQRA and this declares this as a negative impact on the environment, this declaration of. . . MS. EGAN: Okay. And I think 894 is a temporary replacement for the mail girl who was Page 4 ------ November 21,2006 Town of Southold Board Meeting Minutes injured, incidentally, I heard that she is going to go in for more surgery, so let's keep her in our prayers. SUPERVISOR RUSSELL: Yes. MS. EGAN: Now, this 895, this is separate from money being spent at the Recreation Center, I would imagine. I mean, business will go on. SUPERVISOR RUSSELL: For the, yes, that is just the service agreement with Canon for the copier at the Recreation Center. MS. EGAN: Now, on 896, again, we have another policeman out of service and we certainly need more policemen. You koow, you all allowed so many of these new places to be developed and you don't have any policemen in Greenport. Mr. Horton took care of that, as the Police Commissioner there and I suppose this is necessary that they go away, where are they going? Georgia. I don't koow. That would mean another policeman off duty, which means that another policeman then gets overtime and they work too many hours and it causes problems. I don't koow. Now, 898, that (inaudible). I didn't see anything here on the animal shelter. SUPERVISOR RUSSELL: There would be no business before the Town right now. It is actually being re-drafted now by the architect and the engineer. And the bid package is being prepared and everything was due from 60 days from our meeting with them. That was a few weeks ago, so we are looking at probably late December or early January. MS. EGAN: Now, 906, I think all of that, that would come under the public hearing for codes, right? And code enforcers? SUPERVISOR RUSSELL: Yes. MS. EGAN: And 912, that would be also covered under public hearing I believe. Oh, what is 915 about? SUPERVISOR RUSSELL: There was a discussion as to whether Southold wanted to join a regional approach to some planning initiatives. The North Shore Heritage plan is an idea of trying to bring some linkage to the north shore of Long Island together, such as recreational... MS. EGAN: Sharing... SUPERVISOR RUSSELL: Yeah, just planning from a regional basis on the north shore heritage and it was decided by the Town Board today that that would be in our best interests to pursue that. It would look to be beneficial to the town without having any encumbrances on the town because all local control and decision making still stays within Southold Town. COUNCILMAN KRUPSKI: We will have more of discussion about that later. SUPERVISOR RUSSELL: That is right. Page 5 -- -- ------ - ---- November 21,2006 Town of South old Board Meeting Minutes COUNCILMAN WICKHAM: If Albert is with us, we will. COUNCILMAN KRUPSKI: Well, it can go through the agenda. MS. EGAN: So at another point in time. COUNCILMAN KRUPSKI: Yes. MS. EGAN: That is good. Oh, 917, I had spoken about this quite a few times and I am glad that we are starting to enact upon it. Mrs. Finnegan isn't on that (inaudible) I would imagine, isn't she? SUPERVISOR RUSSELL: See if Mrs. Finnegan is what? MS. EGAN: She is very much involved in that, isn't she? SUPERVISOR RUSSELL: Yes, the whole Attorney's office, Mrs. Finnegan and Kieran Corcoran, they have reviewed the documents that have gone back and forth thoroughly. MS. EGAN: And Captain Flatley and the whole group? SUPERVISOR RUSSELL: And Chief Cochran, yes. MS. EGAN: Yeah. Incidentally, would this be when you said you might have that disaster... SUPERVISOR RUSSELL: This is actually specific to security. It is not part of the disaster discussion that we have been having and the emergency management. This is more or less a specific incidence where law enforcement is called to the Island. This basically addresses what the federal government viewed as loopholes in their security design. MS. EGAN: I would think that the disaster thing that you had there a month ago would be sort of in the same ballpark, no? SUPERVISOR RUSSELL: Unfortunately, that rises a little bit beyond the scope of the local police department. Issues ofthat would fall on either the CDC or the FBI. MS. EGAN: Oh. We will have another one of those, though, you said? SUPERVISOR RUSSELL: Yes. MS. EGAN: I guess that is it. SUPERVISOR RUSSELL: Okay. Page 6 ___u___ November 21, 2006 Town of Southold Board Meeting Minutes MS. EGAN: Oh, 921, the land preservation and acquisition, I keep repeating myself. You koow how I feel about it. Okay, thank you very much. SUPERVISOR RUSSELL: Thank you. Mr. Carlin. FRANK CARLIN: Frank Carlin, Laurel. On page 137, paragraph 144-14. Building inspector (inaudible) SUPERVISOR RUSSELL: Yes. MR. CARLIN: In other words, he can come into your house without your permission, right? SUPERVISOR RUSSELL: Yes, that is already part of the state building code. That is what we are having a public hearing on this evening, we are not voting on this, well, we might after the close of the hearing, but what we are doing is we are offering this for public review and then we are going to set the hearing up, right after, you koow, it was scheduled for 8:05, something along those lines. I am sorry, it is 5:10. mSTICE EVANS: Mr. Carlin, paragraph 144-14 is already part of the town code. MR. CARLIN: (Inaudible) And a building inspector can come to my house, koock on the door and say I want to come in. And you say, no you can't come in; can he come in your house? SUPERVISOR RUSSELL: Under that scenario... MR. CARLIN: Be very careful what you are going to tell me. SUPERVISOR RUSSELL: Under that scenario, probably not. MR. CARLIN: That is right. You had better check your amendments. The fourth amendment. Nobody enters anybody's house (inaudible) without their permission. One is a court order or a search warrant by a judge and the other one is probable cause or reason. If you start playing with entering people's houses, you won't come to my house unless you have my permission. I don't care who he is or what he is. (Inaudible) SUPERVISOR RUSSELL: Nick. NICHOLAS TSOUNIS: Nicholas Tsounis, Mattituck, New York. I just want to make a comment on the North Shore Heritage area management plan. I am a strong supporter because what it basically is (inaudible) not mandatory, just make a decision, they just use, they just use recommendations of what it should be. But I have been to their meetings, wonderful meetings. A bunch of great people that really care about their heritage area of Long Island, all Long Island from Great Neck all the way to Orient Point. I (inaudible) whatever your decision, whatever you decide today, whatever; I am a strong supporter of the Long Island Heritage Commission and also I say there are a bunch of great guys there. Page 7 ----- ---------- ------------- November 21,2006 Town of Southold Board Meeting Minutes SUPERVISOR RUSSELL: Thank you. Would anybody else like to comment? (No response) Let's move along with our business. 2006-886 CATEGORY: Audit DEPARTMENT: Town Clerk Approve the Audit Dated November 21.2006 RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated November 21, 2006. ./ Vote Record - Resolution RES-2006-886 Yes/Aye NolNay Abstain Absent 511 Adopted Albert KrupskiJr. Voter 511 0 0 0 0 Adopted as Amended William P. Edwards Voter 511 0 0 0 0 Defeated Daniel C. Ross Voter 511 0 0 0 0 Tabled Thomas H. Wickham Seconder 511 0 0 0 0 Withdrawn Louisa P. Evans Initiator 511 0 0 0 Scott Russell Voter 511 0 0 0 2006-887 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Set Next Town Board Meeting 12/5/06 7:30 PM RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, December 5, 2006 at the Southold Town Hall, Southold, New York at 7:30 P.M.. ./' Vote Record - Resolution RES-2006-887 Yes/Aye NolNay Abstain Absent 511 Adopted Albert Krupski Jr. Voter 511 0 0 0 0 Adopted as Amended William P. Edwards Voter 511 0 0 0 0 Defeated Daniel C. Ross Voter 511 0 0 0 0 Tabled Thomas H. Wickham Seconder 511 0 0 0 0 Withdrawn Louisa P. Evans Initiator 511 0 0 0 Scott Russell Voter 511 0 0 0 2006-888 CATEGORY: Budget Modification DEPARTMENT: Public Works Modify the 2006 General Fund Whole Town Budget - Building & Grounds RESOLVED that the Town Board ofthe Town of South old hereby modifies the 2006 Page 8 November 21, 2006 Town of Southold Board Meeting Minutes General Fund Whole Town. BuiIdines & Grounds budeet, as follows: From: A.1620.4.400.600 Equip. Maint & Repairs $2,000 To: A.1620.4. 100. 1 00 Miscellaneous Supplies $2,000 '" Vote Record - Resolution RES~2006-888 Yes/Aye NolNay Abstain Absent 511 Adopted Albert Krupski Jr. Initiator 511 0 0 0 0 Adopted as Amended William P. Edwards Voter 511 0 0 0 0 Defeated Daniel C. Ross Voter 511 0 0 0 0 Tabled Thomas H. Wickham Voter 511 0 0 0 0 Withdrawn Louisa P. Evans Seconder 511 0 0 0 Scott Russell Voter 511 0 0 0 2006-889 CATEGORY: Seqra DEPARTMENT: Land Preservation Find No Significant Impact on the Environment and Declare a Negative Declaration Pursuant to SEQRA Rules and Regulations for This Action - Blackham WHEREAS, the Town Board of the Town of Southold wishes to purchase property owned by William R. Blackham and Eileen G. Blackham, as Trustees under the Blackham Family Living Trust for open space purposes pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Code of the Town of South old. Said property is identified as SCTM #1000-74-1-3. The address is 2630 Hemy's Lane, Peconic, New York, and is located on the northerly side of Henry's Lane approximately 955 feet from the intersection of Sound view Avenue and Henry's Lane in Peconic in the R-40 zoning district. The proposed acquisition is for fee title and is approximately 0.48 acre (subject to survey); and WHEREAS, the property should be preserved due to its significant wetlands and natural wooded areas. The property is to be purchased for the purpose of the preservation of open space and to allow the property to remain in its undisturbed present state. The property is adjacent to land currently owned by the Town of Southold; and Page 9 November 21,2006 Town of Southold Board Meeting Minutes WHEREAS, as per Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5, the Land Preservation Coordinator and the Town Board have reviewed the acquisition and have determined that sanitary flow credits will not be transferred from this property; now, therefore, be it RESOLVED by the Town Board ofthe Town of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; and, be it further RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and, be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is accepted and attached hereto; and, be it further RESOLVED that the Town Board of the Town of Southold hereby finds no sie:nificant impact on the environment and declares a nee:ative declaration pursuant to SEORA Rules and Ree:uIations for this action. .; Vote Record - Resolution RES-2006-889 Yes/Aye NolNay Abstain Absent 511 Adopted Albert KrupskiJr, Seconder 511 0 0 0 0 Adopted as Amended William p, Edwards Initiator 511 0 0 0 0 Defeated Daniel C. Ross Voter 511 0 0 0 0 Tabled Thomas H. Wickham Voter Ii:I 0 0 0 0 Withdrawn Louisa P. Evans Voter 511 0 0 0 Scott Russell Voter 511 0 0 0 2006-890 CATEGORY: Budget Modification DEPARTMENT: Recreation ModifY the 2006 General Fund Whole Town Budget - Recreation RESOLVED that the Town Board of the Town of South old hereby modifies the 2006 General Fund Whole Town. as follows: Page 10 -- - -- _____________..__n.. ___ November 21, 2006 Town of South old Board Meeting Minutes TO: REVENUES: A.2450.10 Commission $590.70 TO: APPROPRIA nONS A. 7020.4.1 00.150 Youth Program Supplies $590.70 ./ Vote Record - Resolution RES-2006-890 Yes/Aye NolNay Abstain Absent 511 Adopted Alberti(rupski Jr. Voter 511 0 0 0 0 Adopted as Amended William P. Edwards Seconder 511 0 0 0 0 Defeated Daniel C. Ross Initiator 511 0 0 0 0 Tabled Thomas H Wickham Voter 511 0 0 0 0 Withdrawn Louisa P. Evans Voter 511 0 0 0 Scott Russell Voter 511 0 0 0 2006-891 CATEGORY: Budget Modification DEPARTMENT: Town Clerk ModifY the 2006 General Fund Part Town Architectural Review Committee Budget RESOLVED that the Town Board of the Town of South old hereby modifies the 2006 General Fund Part Town Architectural Review Committee budl!:et as follows: From: B.1990.4.1 00.1 00 Contingency $500.00 To: B.3989.1.200.100 Architectural Review Board Regular Earnings $450.00 B.3989.4.100.100 Misc. Supplies (New line) $ 50.00 ./ Vote Record - Resolution RES-2006-891 Yes/Aye NolNay Abstain Absent Ii:! Adopted Albert Krupski Jr Voter 511 0 0 0 0 Adopted as Amended William P. Edwards Voter 511 0 0 0 0 Defeated Daniel C. Ross Seconder 511 0 0 0 0 Tabled Thomas H. Wickham Voter 511 0 0 0 0 Withdrawn Louisa P. Evans Initiator 511 0 0 0 Scott Russell Voter 511 0 0 0 2006-892 CATEGORY: Budget Modification DEPARTMENT: Human Resource Center Page 11 November 21, 2006 Town of Southold Board Meeting Minutes Modify the 2006 General Whole Town Budget - HRC to DPW RESOLVED that the Town Board of the Town of South old hereby modifies the 2006 General Whole Town budl!et, as follows: From: Appropriations A.6772.1.200.100 Programs for the Aging Personnel Services Part-time Regular Earnings $7,000.00 To: Appropriations A.1620.4.400.200 Department of Public Works Property Maintenance $7,000.00 ./ Vote Record - Resolution RES-2006-892 Yes/Aye NolNay Abstain Absent 511 Adopted Albert Krupski Jr. Voter 511 0 0 0 0 Adopted as Amended William P. Edwards Seconder 511 0 0 0 0 Defeated Daniel C. Ross Voter 511 0 0 0 0 Tabled Thomas H. Wickham Initiator 511 0 0 0 0 Withdrawn Louisa P. Evans Voter 511 0 0 0 Scott Russell Voter 511 0 0 0 2006-893 CATEGORY: Seqra DEPARTMENT: Public Works Declare Renovation to be Type II and Not Subject to Review Under SEQRA RESOLVED that the Town Board of the Town of South old wishers to renovate and make improvements to the Southold Town Recreation Center, 970 Peconic Lane, Peconic, NY 11958; and RESOLVED by the Town Board of the Town of Southold that this action is classified as a Type II Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617.5, and is not subject to review under SEQRA. ,; Vote Record - Resolution RES-2006-893 Yes/Aye NolNay Abstain Absent 511 Adopted Albert Krupski Jr. Initiator 511 0 0 0 0 Adopted as Amended William P. Edwards Seconder 511 0 0 0 0 Defeated Daniel C. Ross Voter 511 0 0 0 0 Tabled Thomas H. Wickham Voter 511 0 0 0 0 Withdrawn Louisa P. Evans Voter 511 0 0 0 Scott Russell Voter 511 0 0 0 Page 12 November 21, 2006 Town of South old Board Meeting Minutes 2006-894 CATEGORY: Employment - Town DEPARTMENT: Public Works Removed REMOVED v' Vote Record - Resolution RES-2006-894 Yes/Aye NolNay Abstain Absent 0 Adopted Albert Krupski Jr. 0 0 0 0 0 Adopted as Amended William P. Edwards 0 0 0 0 0 Defeated Daniel C. Ross 0 0 0 0 0 Tabled Thomas H. Wickham 0 0 0 0 511 Withdrawn Louisa P. Evans 0 0 0 0 Scott Russell 0 0 0 0 2006-895 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Recreation Authorize and Direct Supervisor Scott A. Russell to Execute an Agreement with Canon Business Solutions - East 1nc. RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an ae:reement with Canon Business Solutions - East Inc. in connection with the lease of one (1) Canon IR2270 copy machine for use by the Southold Town Recreation Department at a monthly cost of$183.42 for a period of 48 months from date of installation, all in accordance with the approval of the Town Attorney. '" Vote Record - Resolution RES-2006-895 Yes/Aye NolNay Abstain Absent 511 Adopted Albert Krupski Jr. Voter 511 0 0 0 0 Adopted as Amended William P. Edwards Initiator 511 0 0 0 0 Defeated Daniel C. Ross Voter 511 0 0 0 0 Tabled Thomas H. Wickham Voter 511 0 0 0 0 Withdrawn Louisa P. Evans Seconder 511 0 0 0 Scott Russell Voter 511 0 0 0 2006-896 CATEGORY: Attend Seminar DEPARTMENT: Police Dept Grants Permission to Police Officer/K9 Frank Mele to Attend the National Criminal Enforcement Association Winter Conference In Atlanta. Georgia Page 13 -------- November 21, 2006 Town of Southold Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby l!:rants permission to Police Officer/K9 Frank MeIe to attend a seminar on Advanced Criminal Patrol in Atlanta. GA. commencinl!: on Tuesdav. Februarv 6 throul!:h Fridav. Februarv 9. 2007. All expenses for registration, travel and lodging (if necessary) to be a legal charge to the 2007 Police Budget Training Line (A.3120.4.600.200). .,.. Vote Record - Resolution RES-2006-896 Yes/Aye NolNay Abstain Absent 511 Adopted Albert Krupski Jr. Voter 511 0 0 0 0 Adopted as Amended William P. Edwards Seconder 511 0 0 0 0 Defeated Daniel C. Ross Initiator 511 0 0 0 0 Tabled Thomas H. Wickham Voter 511 0 0 0 0 Withdrawn Louisa P. Evans Voter 511 0 0 0 Scott Russell Voter 511 0 0 0 2006-897 CATEGORY: Authorize to Bid DEPARTMENT: Town Clerk Grant Permission to the Fishers Island Ferry District Board of Commissioners to Advertise for Bidsfor the Drydocking of the Vessel Race Point RESOLVED that the Town Board of the Town of Southold hereby l!:rants permission to the Fishers Island Ferrv District Board of Commissioners to advertise for bids for the drvdockinl!: of the vessel Race Point. The drydocking and associated work should be accomplished during the month of March, 2007 and must be completed by April 1, 2007. Bids will be opened at the monthly meeting on December 5, 2006. .,.. Vote Record - Resolution RES-2006-897 Yes/Aye NolNay Abstain Absent 511 Adopted Albert Krupski Jr. Voter 511 0 0 0 0 Adopted as Amended William P. Edwards Voter 511 0 0 0 0 Defeated Daniel C. Ross Voter 511 0 0 0 0 Tabled Thomas H. Wickham Seconder 511 0 0 0 0 Withdrawn Louisa P. Evans Initiator 511 0 0 0 Scott Russell Voter 511 0 0 0 2006-898 CATEGORY: Bond DEPARTMENT: Town Clerk Bond for the Improvements to the Peconic Recreation Center Page 14 November 21, 2006 Town of Southold Board Meeting Minutes BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED NOVEMBER 21, 2006, AUTHORIZING THE CONSTRUCTION OF IMPROVEMENTS TO THE PECONIC RECREATION CENTER; STATING THE ESTIMATED MAXIMUM COST THEREOF IS $200,000; APPROPRIATING SAID AMOUNT THEREFOR; AND AUTHORIZING THE ISSUANCE OF $200,000 BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two- thirds of all the members of said Town Board) AS FOLLOWS: The Town of Southold, in the County of Suffolk, New York (herein called the "Town"), is hereby authorized to construct improvements to the Peconic Recreation Center. The estimated maximum cost of said object or purpose, including preliminary costs and costs incidental thereto and the financing thereof, is $200,000 and said amount is hereby appropriated therefor. The plan of financing includes the issuance of $200,000 serial bonds of the Town to finance said appropriation and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Serial bonds of the Town in the principal amount of not to exceed $200,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the "Law"), to finance said appropriation. The following additional matters are hereby determined and declared: (a) The period of probable usefulness applicable to the object or purpose for which said serial bonds are authorized to be issued, within the limitations of Section 11.00 a. 12 of the Law, is in excess of five (5) years; however, the bonds authorized pursuant to this Page 15 November 21, 2006 Town of Southold Board Meeting Minutes resolution and any bond anticipation notes issued in anticipation of the sale of said bonds, shall mature no later than five (5) years from the date of original issuance of said bonds or notes. (b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) The Town Board of the Town, acting in the role of Lead Agency pursuant to the provisions of the New York State Environmental Quality Review Act, constituting Article 8 of the Environmental Conservation Law, and 6 N.Y.C.R.R., Regulations Part 617 ("SEQRA") has heretofore determined that the project described herein is a Type II action pursuant to SEQRA and no further action is required under SEQRA. (d) The proposed maturity of the bonds authorized by this resolution will not exceed five (5) years. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town without limitation of rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of the issuance of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and of Section 50.00 and Sections 56.00 to 60.00 and Page 16 -----..--------..--..------ ----------------- ---------- -...----- ------------- November 21,2006 Town of Southold Board Meeting Minutes Section 168.00 of the Law, the powers and duties ofthe Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, and as to the execution of agreements for credit enhancements, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. The validity of the bonds authorized by this resolution and of any notes issued in anticipation of the sale of said bonds may be contested only if: such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or the provisions oflaw which should be complied with at the date ofthe publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or such obligations are authorized in violation of the provisions of the constitution. This bond resolution shall take effect immediately, and the Town Clerk is hereby authorized and directed to publish a summary of this bond resolution, in substantially the form set forth in Exhibit A attached hereto and made a part hereof, together with a Notice attached in substantially the form prescribed by Section 81.00 of the Law in "THE SUFFOLK TIMES," a newspaper published in Southold, New York, having a general circulation in the Town and hereby designated the official newspaper of said Town for such publication. Exhibit A BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED NOVEMBER 21,2006, AUTHORIZING THE CONSTRUCTION OF IMPROVEMENTS TO THE PECONIC RECREATION CENTER; STATING THE ESTIMATED MAXIMUM COST THEREOF IS $200,000; APPROPRIATING SAID AMOUNT THEREFOR; AND AUTHORIZING THE ISSUANCE OF $200,000 BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION Object or purpose: to construct improvements to the Peconic Recreation Center. Page 17 November 21, 2006 Town of Southold Board Meeting Minutes Amount of obligations to be issued: $200,000 Period of probable usefulness: five (5) years A complete copy of the Bond Resolution summarized above shall be available for public inspection during normal business hours at the office of the Town Clerk's Office, 53095 Main Road, Southold, New York. Dated: November 21, 2006 Southold, New York ./ Vote Record - Resolution RES-2006-898 Yes/Aye NolNay Abstain Absent 511 Adopted Albert KrupskiJr. Voter 511 0 0 0 0 Adopted as Amended William P. Edwards Voter 511 0 0 0 0 Defeated Daniel C. Ross Voter 511 0 0 0 0 Tabled Thomas H. Wickham Initiator 511 0 0 0 0 Withdrawn Louisa P. Evans Seconder 511 0 0 0 Scott Russell Voter 511 0 0 0 2006-899 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Resign FI Freight Agent Derek Scroxton RESOLVED that the Town Board of the Town of Southold hereby accepts the resil!:nation of Derek Scroxton from the position of Freil!:ht Al!:ent in the Fishers Island Ferry District, effective November 30, 2006. ./ Vote Record - Resolution RES-2006-899 Yes/Aye NolNay Abstain Absent 511 Adopted Albert Krupski Jr. Initiator 511 0 0 0 0 Adopted as Amended William P. Edwards Seconder 511 0 0 0 0 Defeated Daniel C. Ross Voter 511 0 0 0 0 Tabled Thomas H. Wickham Voter 511 0 0 0 0 Withdrawn Louisa P. Evans Voter 511 0 0 0 Scott Russell Voter 511 0 0 0 2006-900 CATEGORY: Property Acquisition Public Hearing DEPARTMENT: Land Preservation Set December 5, 2006, At 8:05 P.M, Southold Town Hal!, 53095 Main Road, Southold, New York As the Time and Place for a Public Hearingfor the Purchase of a Development Rights Easement on a Portion of Page 18 November 21, 2006 Town of South old Board Meeting Minutes the Property Owned by Galluccio Estate Vineyards. LLC. RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of South old hereby sets Tuesdav. December 5. 2006, at 8:05 p.m.. Southold Town Hall. 53095 Main Road, Southold. New York as the time and place for a public hearinl! for the purchase of a development ril!hts easement on a portion of the property owned bv Galluccio Estate Vineyards. LLC. Said property is identified as part of SCTM # 1000-109-1-13. The address is 24385 Route 25, Cutchogue, New York. The property is located on the northerly side of State Route 25, approximately 1,135 feet westerly from the intersection of State Route 25 and Alvah's Lane in Cutchogue in the A-C zoning district. The proposed acquisition is for a development rights easement of approximately 420e acres on the 480e acre parcel. The exact area of the purchase is subject to a survey acceptable to the Land Preservation Committee. The purchase price is $68,000 (sixty-eight thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural and scenic values, and as an aquifer recharge area; and FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. ./' Vote Record - Resolution RES-2006-900 Yes/Aye NolNay Abstain Absent 511 Adopted Albert Krupski Jr. Seconder 511 0 0 0 0 Adopted as Amended William P. Edwards Initiator 511 0 0 0 0 Defeated Daniel C. Ross Voter 511 0 0 0 0 Tabled Thomas H. Wickham Voter 511 0 0 0 0 Withdrawn Louisa P. Evans Voter 511 0 0 0 Scott Russell Voter 511 0 0 0 2006-901 CATEGORY: Grants Page 19 November 21, 2006 Town of South old Board Meeting Minutes DEPARTMENT: Community Development Adopt the 2007 Community Development Block Grant Budget RESOLVED that the Town Board of the Town of Southold hereby adopts the 2007 Community Development Block Grant Budl!:et. as follows: Home Improvement Program $72,400 Southold Recreation Center - Handicapped Bathroom Renovations $20,000 Administration $13,600 North Fork Early Learning Center - Child Day Care Program $ 7,500 Robert Perry Child Day Center $ 7,500 North Fork Housing Alliance General Support $ 5,000 Community Action SouthoId Town (CAST) $ 5,000 Dominican Sisters $ 5,000 Total $136,000 ./ Vote Record - Resolution RES-2006-901 Yes/Aye NolNay Abstain Absent 0 Adopted Albert Krupski Jr. Voter 511 0 0 0 0 Adopted as Amended William P. Edwards Voter 511 0 0 0 0 Defeated Daniel C. Ross Initiator 511 0 0 0 0 Tabled Thomas H. Wickham Seconder 511 0 0 0 0 Withdrawn Louisa P. Evans Voter It! 0 0 0 Scott Russell Voter 511 0 0 0 2006-902 CATEGORY: Grants DEPARTMENT: Community Development Authorize and Direct Supervisor Scott A. Russell to Sign the 2007 Community Development Block Grant Program Description Forms RESOLVED that the Town Board of the Town of South old hereby authorizes and directs Page 20 November 21, 2006 Town of South old Board Meeting Minutes Supervisor Scott A. Russell to shm the 2007 Community Development Block Grant Prol!ram Description Forms in connection with 2007 CDBG Program in the amount of $136,000.00. ./ Vote Record - Resolution RES-2006-902 Yes/Aye NolNay Abstain Absent 511 Adopted Albert Krupski}r. Voter 511 0 0 0 0 Adopted as Amended William P. Edwards Voter 511 0 0 0 0 Defeated Daniel C. Ross Voter 0'1 0 0 0 0 Tabled Thomas H. Wickham Seconder 511 0 0 0 0 Withdrawn Louisa P. Evans Initiator 511 0 0 0 Scott Russell Voter 511 0 0 0 2006-903 CATEGORY: Budget Modification DEPARTMENT: Accounting Modify the 2006 General Fund Whole Town Budget - Insurance Deductibles RESOLVED that the Town Board of the Town of South old hereby modifies the 2006 General Fund Whole Town budl!et as follows: To: A.1910.4.300.700 Insurance, C.E. Deductibles and Coinsurance $ 21,000.00 From: A.1990.4.100.100 Contingent Unallocated Contingencies $ 21,000.00 ./ Vote Record - Resolution RES-2006-903 Yes/Aye No/Nay Abstain Absent 511 Adopted AI~ert Krupski Jr. Voter 0'1 0 0 0 0 Adopted as Amended William P. Edwards Voter 511 0 0 0 0 Defeated Daniel C. Ross Voter 511 0 0 0 0 Tabled Thomas H. Wickham Initiator 511 0 0 0 0 Withdrawn Louisa P. Evans Seconder 511 0 0 0 Scott Russell Voter 511 0 0 0 2006-904 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes a Modification of the Town's Contract with Robbins and Cowan, Inc. In Relation to Work Done At the Cutchogue Transfer Station Page 21 November 21, 2006 Town of South old Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby authorizes a modification of the Town's contract with Robbins and Cowan. Inc. in relation to work done at the Cutchol!:ue Transfer Station by electing to exercise its option to award items numbered 11 and 12 of the Contract executed August 24, 2005, as follows: Item No. 11 - Road System - Type 3 Asphalt Binder Course at an adjusted quantity of 57,068 square feet at a unit cost of $1.4l8/sqare foot for a total cost of $80,921.46. Item No. 12 - Road System - Type 6F Asphalt Top Course at a quantity of 135,700 square feet at a unit cost of $0.582/square foot for a total cost of $78,977.40. Any necessary budget modifications for these awarded costs have previously been adopted. ,; Vote Record - Resolution RE8-2006-904 Yes/Aye No/Nay Abstain Absent 511 Adopted Alber~~rlJP~~iJr. Initiator 511 0 0 0 0 Adopted as Amended William P. Edwards Voter 511 0 0 0 0 Defeated Daniel C. Ross Seconder 511 0 0 0 0 Tabled Thomas H. Wickham Voter 511 0 0 0 0 Withdrawn Louisa P. Evans Voter 511 0 0 0 Scott Russell Voter 511 0 0 0 2006-905 CATEGORY: Misc. Public Hearing DEPARTMENT: Community Development Set 8:00 PM Tuesday, December 5, 2006, Southold Town Hal!, 53095 Main Road, Southold, New York 11971, As the Time and Place for a Public Hearing to Hear Citizens on the Aforesaid Proposed Amendments - CDBG Program WHEREAS the Town Board of the Town of Southold is proposing amendments to the Community Development Block Grant 2005 and the 2006 Community Development Block Grant Program Budget, as follows to wit: Current New Proiect Budget Increase Decrease Budget First Time Buyers Program - 2005 $61,500 -0- $61,500 -0- First Time Buyers Program - 2006 $43,380 -0- $43,380 -0- Page 22 ----.- November 21, 2006 Town of Southold Board Meeting Minutes Home Improvement Program - 2006 -0- $104,880 -0- $104,880 RESOLVED that the Town Board of the Town of South old hereby sets 8:00 PM Tuesdav, December 5. 2006, SouthoId Town Hall. 53095 Main Road. Southo1d. New York 11971. as the time and place for a Public Hearin2 to hear citizens on the aforesaid proposed amendments. Interested citizens should attend this meeting to comment on the proposed changes. ./ Vote Record - Resolution RES~2006-90S Yes/Aye No/Nay Abstain Absent 511 Adopted Albert Krupski Jr. Voter 511 0 0 0 0 Adopted as Amended William P. Edwards Initiator 511 0 0 0 0 Defeated Daniel C. Ross Seconder 511 0 0 0 0 Tabled Thomas H. Wickham Voter 511 0 0 0 0 Withdrawn Louisa P. Evans Voter 511 0 0 0 Scott Russell Voter 511 0 0 0 2006-906 CATEGORY: Seqra DEPARTMENT: Town Clerk Find that the Adoption of the Local Law Entitled "A Local Law 1n Relation to Amendments to Penalties In the Southold Town Code" is Classified As a Type 11 Action RESOL YED that the Town Board of the Town of Southold hereby finds that the adoption of the local law entitled "A Local Law in relation to Amendments to Penalties in the Southold Town Code" is classified as a Tvpe II Action pursuant to SEORA Rules and Rel!ulations, 6 NYCRR Section 617.5, and is not subject to review under SEQRA. -/ Vote Record - Resolution RES-2006-906 Yes/Aye NolNay Abstain Absent 511 Adopted Albert Krupski Jr. Voter 511 0 0 0 0 Adopted as Amended William P. Edwards Seconder 511 0 0 0 0 Defeated Daniel C. Ross Initiator 511 0 0 0 0 Tabled Thomas H. Wickham Voter 511 0 0 0 0 Withdrawn Louisa P. Evans Voter 511 0 0 0 Scott Russell Voter 511 0 0 0 2006-907 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Clerk Page 23 November 21,2006 Town of SouthoId Board Meeting Minutes Approves the Settlement Agreement with a Town Employee Dated November 21,2006. RESOLVED that the Town Board of the Town of Southold hereby approves the settlement ae:reement with a Town empIovee dated November 21, 2006. ./ Vote Record - Resolution RES-2006-907 Yes/Aye NolNay Abstain Absent 511 Adopted Albert Krupski Jr, Voter 511 0 0 0 0 Adopted as Amended William P. Edwards Voter 511 0 0 0 0 Defeated Daniel C. Ross Voter 511 0 0 0 0 Tabled Thomas H. Wickham Seconder 511 0 0 0 0 Withdrawn Louisa P. Evans Initiator 511 0 0 0 Scott Russell Voter 511 0 0 0 2006-908 CATEGORY: Budget Modification DEPARTMENT: Accounting Create Capital Budgetfor Records Management RESOLVED that the Town Board of the Town of Southold hereby authorizes the establishment of the foIlowine: Capital Proiects in the 2006 Capital Bude:et: Capital Project Name: Laserfiche Integration Software and Scanner Financing Method: Transfer from General Fund Whole Town Budget: Revenues: H.5031.1 0 Interfund Transfers $10,000 Appropriations: H.1680.2.500.300 Central Data Processing Capital Outlay Laserfiche Integration $6,825 H.1680.2.600.200 Central Data Processing Capital Outlay Scanners 3,175 ./ Vote Record - Resolution RES-2006-908 Yes/Aye NolNay Abstain Absent 511 Adopted Albert Krupski Jr. Voter 511 0 0 0 0 Adopted as Amended William P. Edwards Voter 511 0 0 0 0 Defeated Daniel C. Ross Voter 511 0 0 0 0 Tabled Thomas H. Wickham Initiator 511 0 0 0 0 Withdrawn Louisa P. Evans Seconder 511 0 0 0 Scott Russell Voter 511 0 0 0 Page 24 -~ November 21, 2006 Town of Southold Board Meeting Minutes 2006-909 CATEGORY: Budget Modification DEPARTMENT: Public Works Modify the 2006 General Fund Whole Town Budget - Street Lighting RESOLVED that the Town Board of the Town of South old hereby modifies the 2006 General Fund Whole Town - Street lil!:htinl!: Budl!:et as follows: From: A.5182.1.1 00.200 Overtime $ 1,000 A.5182.4.100.500 Motor Vehicle Parts/Supplies $ 600 To: A.5182.4.400.650 Vehicle Maint. & Repairs $1,600 ./ Vote Record - Resolution RES-2006-909 Yes/Aye NolNay Abstain Absent 511 Adopted Albert Krupski Jr. Initiator 511 0 0 0 0 Adopted as Amended William P. Edwards Seconder 511 0 0 0 0 Defeated Daniel C. Ross Voter 511 0 0 0 0 Tabled Thomas H Wickham Voter 511 0 0 0 0 Withdrawn Louisa P. Evans Voter 511 0 0 0 Scott Russell Voter 511 0 0 0 2006-910 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney Set Tuesday, December 19, 2006, At 5:00 Pm, Southold Town Hal!, Main Road, Southold As the Time and Place for a Public Hearing on a Local Law Entitled "A Local Law In Relation to Amendments to Chapter 144" WHEREAS, there has been presented to the Town Board of the Town of South old, Suffolk County, New York, on the 21st day of November, 2006 a Local Law entitled "A Local Law in relation to Amendments to Chapter 144" now, therefore, be it RESOLVED that the Town Board of the Town of South old will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 19th dav of December. 2006 at 5:00 p.m. at which time all interested persons will be given an opportunity to be heard, and be it further Page 25 November 21,2006 Town of Southold Board Meeting Minutes RESOLVED that the Town Clerk be authorized and directed to forward a copy of the proposed Local Law to the Suffolk County Planning Commission and the Southold Town Planning Board for their recommendations. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 144" reads as follows: LOCAL LAW NO. 2006 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 144". BE IT ENACTED by the Town Board of the Town of South old as follows: I. Purpose - To update this Chapter to include State recommendations that will conform the Town's Code with the Energy Code and the Uniform Code and to make current the outdated fee schedule. II. Chapter 144 of the Town Code of the Town of Southold is hereby amended as follows: S 144-1. Title. This chapter shall be koown as the "Uniform Fire Prevention and Building Code Administration and Enforcement Law." S 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 Januarv 1. 2007, and which every local government shall administer and enforce on and after such date. It is the purpose of this chapter to provide for the administration and enforcement of the Uniform Code in the Town of Southold. S 144-3. Administration and enforcement officers designated and 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 Energv Code and the provisions of this chapter. Page 26 ---..------------------ November 21, 2006 Town of Southold Board Meeting Minutes B. In addition to the Inspectors, as provided by Subsection A of this section, the Town Board may appoint one Assistant Inspector for each ofthe 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) ofthe Uniform Code and the Energv 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: [Added 11-24-1998 by L.L. No. 22-1998] (1) Building Inspectors of the Town of South old; (2) The Director of Code Enforcement of the Town of South old; (3) The Engineer Inspector of the Town of Southold; and (4) Building Permits Examiner. [Added 9-17-2001 by L.L. No. 19-2001] (5) Fire Inspector D. For this chapter. the following terms shall include and refer to: "Building Permit" shall include a Building Permit which is renewed. amended or extended pursuant to any provision of this local law. "Energv Code" shall mean the State Energv Conservation Construction Code. as currentJv in effect and as hereafter amended. "Permit Holder" shall mean the Person to whom a Building Permit has been issued. "Person" shall include an individuaL corporation. limited liabilitv companv. partnership. limited partnership. business trust. estate. trust. association. or anv other legal or commercial entitv of anv kind or description. S 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. S144-5. 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 Page 27 November 21, 2006 Town of South old Board Meeting Minutes 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, Energv Code and other laws, ordinances and regulations governing building construction. C. The BaildiRg IRDpeetor shall isslIe allllflPTepriate Rotiees or orders to remoye illsgal or lIRsafe 6sRditioRs, to require the Reesssar)' safeguards dmiRg eORstrnetioR a1HI to SRsure eompliaIlee duriRg the eHtire eOllfse of eSHstruetioR witH tHe reEIlIirsmsRts of tHe URifofffi Csde and other llflplieal3le la'l;3, srdiRaRees or regalatioRs. He shall make all iRspeetioRs whieh are Reeessary or proper for the earryiRg slit of his dllties. C. The Building Inspector shall conduct construction inspections. inspections to be made prior to the issuance of Certificates of Occupancv, fire safetv and propertv maintenance inspections. inspections incidental to the investigation of complaints, and all other inspections required or permitted under any provision of this local law: (1.)to issue Stop Work Orders; (2.)to review and investigate complaints: (3.)to maintain records: (4.)to collect fees as set bv the Town Board of the Town of South old: (5.)to pursue administrative enforcement actions and proceedings: (6.)in consultation with this Town's attornev. to pursue such legal actions and proceedings as mav be necessary to enforce the Uniform Code. the Energv Code, and this local law, or to abate or correct conditions not in compliance with the Uniform Code, the Energv Code or this local law: and (7.) to exercise all other powers and fulfill all other duties conferred upon the Building Inspector bv this local law. D. The Building Inspector shall possess background experience related to building construction or fire prevention and shall. within the time prescribed bv 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. I).E. 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. Page 28 --.------.....---- November 21, 2006 Town of South old Board Meeting Minutes F. The Building Inspector shall keep permanent, official records of all transactions and activities conducted by him, including all !lflplieations reeeived, permits and eertiFieates iSSl'\ed, fees eharged and eolleeted, inspection reports, and notiees and orders issued. "^.ll such records shall Be pUBlie reeords, open to pub lie illspeetioll ffirring Business hOUFS. records of: ( 1) all applications received. reviewed and approved or denied; (2) all plans. specifications and construction documents approved; (3) all Building Permits. Certificates ofOccupancv. and Stop Work Orders issued; (4) all inspections and tests performed; (5) all statements and reports issued; (6) all complaints received; (7) all investigations conducted; (8) all fees charged and collected. 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 bv State law and regulation. B.H. Program review and reporting. ill 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. annuallv. submit to the Secretarv of State. on behalf of this Town. on a form prescribed bv the Secretarv of State. a report of the activities ofthis 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 ofthe activities of this Town in connection with administration and enforcement of the Uniform Code. I. The Building Inspector shall review and investigate complaints which allege or assert the existence of conditions or activities that fail to complv with the Uniform Code. the Energv Code. this local law. or anv other law or regulation adopted for administration and enforcement of the Uniform Code or the Energv Code. The process for responding to a complaint shall include such of the following steps as the Building Inspector mav 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 propertv and any other person who mav be responsible for the violation with notice of the violation and opportunitv to abate. correct or cure the violation. or otherwise proceeding in a manner which violates this chapter of the Code; Page 29 ___m_____ _ November 21,2006 Town of South old Board Meeting Minutes (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. 9144-6. Reeenls ami rej3erts. Inspections Required. A. Construction Inspections (1 ). Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted bv the Building Inspector. The Permit Holder shall notify the Building Inspector when anv element of work described in subdivision (2) ofthis section is readv 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. building systems. including underground and rough-in; f. fire resistant construction; g. fire resistant penetrations; h. solid fuel burning heating appliances. chimnevs. flues or gas vents; 1. Energv Code compliance; and J. a final inspection after all work authorized bv the Building Permit has been completed. (3) Inspection results. After inspection. the work or a portion thereof shall be noted as satisfactorv as completed. or the Permit Holder shall be notified as to where the work fails to complv with the Uniform Code or Energv Code. Work not in compliance with anv applicable provision of the Uniform Code or Energv Code shall remain exposed until such work shall have been brought into compliance with all applicable provisions ofthe Uniform Code and the Energv Code. re-inspected. and found satisfactorv as completed. B. Fire Safetv and Propertv Maintenance Inspections (1) Inspections required. Fire safetv and propertv maintenance inspections of buildings and structures shall be performed bv the Building Inspector at the following intervals: (a) Fire safetv and propertv maintenance inspections of buildings or structures which contain an area of public assemblv shall be performed at least once everv twelve (12) months. Page 30 November 21, 2006 Town of South old Board Meeting Minutes (b) Fire safety and property maintenance inspections of all multiple dwellings not included in paragraph (a) of this subdivision. and all non-residential buildings. structures. uses and occupancies not included in paragraph (a) of this subdivision. shall be performed at least once everv thirtv-six (36) months. (2) Inspections permitted. In addition to the inspections required by subdivision (1) of this section. a fire safetv and propertv maintenance inspection of anv building. structure. use. or occupancv. or of any dwelling unit. mav also be performed by the Building Inspector at anv time upon: (a) the request of the owner of the propertv to be inspected or an authorized agent of such owner: (b) receipt bv the Building Inspector of a written statement alleging that conditions or activities failing to complv with the Uniform Code or Energv Code exist: or ( c) receipt bv the Building Inspector of anv other information. reasonablv believed bv the Building Inspector to be reliable. giving rise to reasonable cause to believe that conditions or activities failing to complv with the Uniform Code or Energy Code exist: proyided. however. that nothing in this subdivision shall be construed as permitting an inspection under anv 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 anv other provision of this local law 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 section 156-e and Education Law section 807-b. 9144-7. 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. 9144-8. Building permit required; application for permit. [Amended 5-30-1995 by L.L. No. 11-1995] A. Building permit required prior to commencement; exceptions. [Amended 12-8- 1998 by L.L. No. 28-1998; 10-26-1999 by L.L. No. 17-1999] Page 31 November 21,2006 Town of Southold Board Meeting Minutes (1) No person, firm or corporation shall commence the erection, construction, enlargement, alteration, removal, improvement, demolition, conversion or change in the nature of the occupancy of any building or structure, or cause the same to be done, without first obtaining a separate building permit from the Building Inspector for each such building or structure. A building permit shall be required for any work which must conform to the Uniform Code, and Energv Code, except that no building permit shall be required for: (a) Necessary repairs which do not materially affect structural features. (b) Alterations to existing buildings, provided that the alterations: [I] Cost less than $10,000; [2] Do not materially affect structural features; [3] Do not affect fire safety 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) Small HeH6emmereial structllfes less than 1 gO sqllare feet iH fleer area Het iHtellded f-or Ilse by elle er mere J3ersells as qllarters fur li';iHg, sleeJ3illg, eatiHg er 6eekillg; fur emlHlfJle, a small sterage bllilding. Construction or installation of one-storv detached structures associated with one or two-familv dwellings or multiple single-familv dwellings (townhouses) which are used for tool and storage sheds, plavhouses or similar uses, provided the gross floor area does not exceed one hundred (100) square feeh (d) installation of swings and other playground equipment associated with a one or two-family dwelling or multiple single-familv dwellings (townhouses); (e) installation of swimming pools associated with a one or two-family dwelling or multiple single-familv dwellings (townhouses) where such pools are designed for a water depth of less than 24 inches and are installed entire Iv 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 L II. or IlIA liquids: (h) construction oftemporarv motion picture, television and theater stage sets and scenerv: (j) installation of window awnings supported bv an exterior wall of a one or two-family dwelling or multiple single familv dwellings (townhouses): (j) installation of partitions or movable cases less than 5' 9" in height: (k) painting, wallpapering, tiling, caroeting, or other similar finish work: (1) installation oflisted portable electrical, plumbing, heating, ventilation or cooling equipment or appliances: (m) replacement of anv equipment provided the replacement does not alter the equipment's listing or render it inconsistent with the equipment's original specifications: or Page 32 November 21,2006 Town of Southold Board Meeting Minutes (n) repairs. provided that such repairs do not involve (1) the removal or cutting awav of a loadbearing wall. partition. or portion thereof. or of anv structural beam or load bearing component; (2) the removal or change of anv 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 anv building svstem; or (4) the removal from service of all or part of a fire protection system for anv period of time. (2) The exemption from the requirement to obtain a building permit for work in anv categorv set forth in subdivision ( 1 ) of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energv 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. [Amended 10-26-1999 by L.L. No. 17-1999] C. Applications. [Amended 3-3-1998 by L.L. No. 2-1998; 10-26-1999 by L.L. No. 17-1999] (1) Every application for a building permit shall be made in writing, on a form provided bv or otherwise acceptable to the Building Inspector. The application shall be signed by the owner or an authorized agent of the owner and contain the following information and be accompanied by the required fee. In addition, plans and specifications shall be filed with the building permit application to enable the Building Inspector to examine such plans to ascertain if the proposed building will comply with applicable eailaing censtructien, ilellsing ana fire ceaes requirements of the Uniform Code and the Energv Code. The application shall include or be accompanied bv the following information and documentation: (a) The actual shape, dimensions, radii, angles and area of the lot on which the building is proposed to be erected, or of the lot on which it is situated if an existing building, except in the case of the alterations of a building which do not affect the exterior thereof. (b) The section, block and lot numbers, if any, as they appear on the latest tax records. (c) The exact size and locations on the lot of the proposed building or buildings or structural alteration of an existing building and of other existing buildings on the same lot. (d) The dimensions of all yards in relation to the subject building and the distances between such building and any other existing buildings on the same lot and adjacent lots. Page 33 November 21, 2006 Town of Southold Board Meeting Minutes (e) The existing and intended use of all buildings, existing or proposed, the use of land and the number of dwelling units the building is designed to accommodate and the necessary computations to establish conformity to the bulk and density regulations. (t) Such topographic or other information with regard to the building, the lot or neighboring lots as may be necessary to determine that the proposed construction will conform to the provisions ofthis chapter. (g) An application for a building permit for construction on a vacant lot which is not on an approved subdivision map shall be accompanied by a certified abstract of title issued by a title company which shall show single and separate ownership of the entire lot prior to April 9, 1957. (h) A plot plan drawn to scale and signed by the person responsible for each drawing. At the discretion of the Building Inspector, a survey may be required, prepared by a licensed engineer or land surveyor. (i) Each application for a building permit for a new dwelling unit shall be accompanied by plans and specifications bearing the signature and original seal of a licensed professional engineer or architect. (i) Construction documents will not be accepted as part of an application for a Building Permit unless thev satisfy the requirements set forth as above. Construction documents which are accepted as part ofthe application for a Building Permit shall be marked as accepted by the Building Inspector in writing or bv stamp. One set of the accepted construction documents shall be returned to the applicant to be kept at the work site. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, or as an indication that a Building Permit will be issued. Work shall not be commenced until and unless a Building Permit is issued. (k) All work shall be performed in accordance with the construction documents which were submitted with and accepted as part of the application for a Building Permit. The Permit Holder shall immediatelv notify the Building Inspector of anv change occurring during the course of work. The Building Permit shall contain such a directive. If the Building Inspector determines that such change warrants a new or amended Building Permit, such change shall not be made until and unless a new or amended Building Permit reflecting such change is issued. (2) Exception to the requirements set forth in S 144-8C. Building Inspectors have the right, when an application for a structure is accompanied by plans and specifications bearing the signature and original seal of a licensed professional engineer or architect and accompanied by an affidavit stating that the plans and specifications comply with the Uniform Code and Energv Code, to verify that both the plans and the construction comply with the Uniform Code and Energv Code at the field inspection stage. Page 34 November 21, 2006 Town of South old Board Meeting Minutes D. No building permit shall be issued for the construction or alteration of any building upon a lot without access to a street or highway as provided by g280-a of the Town Law. E. No building permit shall be issued for any building where the site plan of such building is subject to approval by the Planning Board, except in conformity with the plans approved by said Board. F. No building permit shall be issued for a building in any district where such use is permitted by special exception unless and until such approval has been duly granted by the board having jurisdiction thereof. G. No building permit shall be issued for any building until approval has been received from the Suffolk County Department of Health Services for the proposed water supply and sewage disposal system. H. The building permit application and all supporting documentation shall be made in triplicate. Upon the issuance of a building permit, the Building Inspector shall retum one copy of all filed documents to the applicant. I. Tile Building InG)3eetElr sllall, 'Nitllin 1 G Business days after tile filing Elf a eaffi)3lete and )3Te)3erly pfe)3ared a)'l)3lieatiEln, either issue af den)' a BlIilding )3ermit. If a bllilding permit is denies, tile Building Inspeetar sllall state, in 'Nriting, ta tile ap)31ieant tile reaSElns fer slIell aenial. }.-L Every building permit shaIl expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an additional six months. Thereafter, a new permit shaIl be required. KL. As soon as the foundation of a building or of any addition to an existing building is completed and before first-story framing or waIl construction is begun, there shaIl be filed with the Building Inspector an accurate survey, signed by the person responsible for said survey, showing the exact location of such foundation with respect to the street and property Jines of the lot. No further construction shaIl be performed until such survey is approved by the Building Inspector. b.K. Permit fees. [Amended 5-8-2001 by L.L. No. 9-2001] (1) The foIlowing fees shaIl be paid upon the filing of an application with the Building Inspector for a building permit, which fees shaIl be paid into the general fund if the application is approved or returned to the applicant if the application is denied: (a) Single-family dweIlings: Page 35 November 21, 2006 Town of Southold Board Meeting Minutes [1] New dwellings and alterations or additions to existing dwellings: $+W $200, plus ~$0.40 for each square foot of floor area in excess of 850 square feet. [2] Accessory buildings and additions or alterations to existing accessory buildings: m $100, plus ~ $0.40 for each square foot of floor area in excess of 500 square feet. (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 in excess of 1 ,000 square feet. [2] Accessory buildings and additions and alterations to existing accessory buildings: m $100, plus ~ $0.40 for each square foot of floor area in excess of 500 square feet. (d) Foundations constructed under existing buildings: ~$200. (e) In-ground swimming pools, together with required enclosure fencing: $+W-$250; aboveground swimming pools, together with required enclosure fencing: $+W $250. (f) The permit fee for all signs shall be $W lQper permit. (g) Demolition and/or removal of any building: lli $70 minimum and ~ $0.30 for each square foot in excess of 300 square feet of floor area. (2) If an application is denied and a notice of disapproval is issued, the applicant shall pay a fee oflli $50. (3) For the purpose of this Subsection L, 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. Page 36 November 21,2006 Town of South old Board Meeting Minutes (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 vear of issuance, provided that no construction has commenced. S144-9. 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. [Amended 10-26-1999 by L.L. No. 17-1999] B. Upon approval of the application and upon receipt ofthe 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 retumed 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. S 144-10. Performance of work under permit. A. A building permit shall be effective to authorize the commencing of work in accordance with the application, plans and specifications on which it is based, for a period of 18 months after the date of its issuance. For good cause, the Building Inspector may allow an extension for a period not exceeding six months. B. The issuance of a building permit shall constitute authority to the applicant to proceed with the work in accordance with the approved plans and specifications and in accordance with the Uniform Code and applicable building laws, ordinances or regulations. All work shall conform to the approved application, plans and specifications. C. Compliance with the following regulations shall be a continuing condition for the validity and existence of any building permit and issuance of a certificate of occupancy by the Town of South old: [Added 11-6-2003 by L.L. No. 24-2003] (1) Stormwater runoff generated as a result of up to a two-inch rainfall, or its equivalent in melting snow/ice, shall be contained on-site during construction. Implementation of Page 37 November 21, 2006 Town of Southold Board Meeting Minutes and use of erosion control measures and devices to prevent soil erosion and flooding of neighboring properties and roadways shall be required, including but not limited to straw bales, silt control fences, and/or grading. (2) Prior to the issuance of a certificate of occupancy, it shall be determined that drainage of roofs and paved areas, yards and courts, and other open areas on the premises shall not be discharged in a manner that creates a public nuisance. (3) Prior to the issuance of a certificate of occupancy, all premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon or within any structure located thereon. (4) Where a construction site is traversed by a watercourse, drainageway, channel or stream, provision shall be made to divert that waterway around any areas disturbed by construction and reconnected to its natural path by means of culverts or other measures. D. Building permits shall be visibly displaved at the work site and shall remain visible until the authorized work has been completed. ~ 114 11. Bliileing permitfees. A Upon filing ef an aj'lplieation for a Imilding J3ermit, fees shall be J3aid in .Leo.. aeeordanee with ~ 114 8 of the TO'.vn Code. [,"mended (3 (3 1989 BY L.L. No. 1 G 1989] B. In the e'/ent that an aj'lplieation for a bliilding permit is not aj'lproved, the aj'lJ3lieant shall Be entitlee te a refune of 5G% ef the fee fJaid, proyidee that no eonGtruetion has Been eommeneed. If eonstruetion work has Been started and the aj'lfJlieation is Het aj'lfJro'/ed, the fees paid shall not be refllHeed. 9144-12. 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 Energv Code, the Building Inspector shall revoke the Building Permit or suspend the Building Permit until such time as the Permit Holder demonstrates that (1) Page 38 November 21,2006 Town of Southold Board Meeting Minutes all work then completed is in compliance with all applicable provisions of the Uniform Code and the Energv Code and (2) all work then proposed to be performed shall be in compliance with all applicable provisions of the Uniform Code and the Energy Code. alld slulIdd lIet luwe Beell issued ill aeeerdanee witli tlie aflj3lieaBle law. 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. g144-13. Stop Work Orders. erders. 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: (1) any work that is determined by the Building Inspector to be contrarv to anv 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) anv 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) anv 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. Stop Work Orders shall: (1) be in writing (2) be dated and signed bv the Building Inspector (3) state the reason or reasons for issuance (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 ofthe affected propertv, and if the owner is not the Permit Holder, on the Permit Holder, personallv or bv 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 cOPV thereof, to be served on any or all ofthe following: builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or anv other person taking part or assisting in work affected by the Stop Work Order. personallv or bv certified mail and Page 39 November 21, 2006 Town of South old Board Meeting Minutes posting: provided, however, that failure to serve anv person listed above shall not affect the efficacv ofthe Stop Work Order. D. Upon the issuance ofa Stop Work Order, the owner of the affected propertv. the Permit Holder and anv other person performing, taking part in or assisting in the work shall immediatelv cease all work which is the subiect ofthe Stop Work Order. E. The issuance of a Stop Work Order shall not be the exclusive remedv available to address anv 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 authoritv to pursue anv other remedv or impose anv other penaltv under anv other applicable local or State law. Any such remedv or penalty mav be pursued at anv time, whether prior to, at the time of, or after the issuance ofa Stop Work Order. WheHever the BHildiHg IRsfleetor has reasoHal3le grOllllds to Believe that work OH ally BHildiHg or ~tflletW"e is BeiRg flroseellted iH yiolatioR of the flrovisioRs ofthe UHiferm Code or other ElflfllieaBle BHildiHg laws, ordiRaIlees sr regHlatioRs and HSt iH eOHformity with the flroyisioHs of an ElflplieatioH, plalls or 5fleeifieatioHs OR the Basis of whieh a BHildiHg permit was isslIeEl, or iR an IIHsafe aIld dangerolls marJler, he shall Rotify the O'1,'fler of the properly, sr the o'NHer's ageHt, or the parSOR flerf-ermiHg the work, to sllsfleHd all ',york, aIld ally ~lIeh persoRs shall forthwith ~tep ~Heh worle and S1IGfl8Rd all BlIilEliHg acti',ities lItltil the stop order has BeeH reseiRded. SHeH order and Hotiee shall Be iH writiHg, shall state the eORditioHs lIHd8r whieh the wsrk may Be reslHHed and may Be serveElllflsH a flerSOR to ',,<hom it is direeted either by deli'/eriRg it persoHally to him sr BY flo~tiRg the same HpOR a eORspieHslls flortioR ofthe bllildiHg IIRder eORstruetioH and seHdiRg a esp)' of the same BY eerlified mail. S 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. S 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. Page 40 November 21, 2006 Town of Southold Board Meeting Minutes 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 ofthe 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 Energv Code and other laws governing building construction except insofar as variations therefrom have been legally authorized. Such variations shall be specified in the affidavit. 9144-16. 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 building, 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 ofthe 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 Energv Code, and other applicable laws. 9144-17. Issuance of certificate of occupancy. A. When, after final inspeetien, it is felma that the prepesed 'l.'llr~( has been eempletea in aeeeraaHee with the Uniferm Cede and etfter !Iflplieable bllile!ing laws, erdinanees aHa reglllatiens, aIle! alse in aeeerdaHee with the !IflplieatieH, plaHs ane! speeifieatieHs filee! in eenneetien with the issllanee efthe bllilaing permit, the Bllile!ing Inspeeter, Hjlen the payment ef the f-ees speeifiea in ~ 280 154 eftfte TO','o'n Ceae, shall isslle a eertifieate ef eeellflaHey llflllH the ferm previded by him. If it is feund that the prepesed werle has net been preperly eempletee!, the Bllilaing Inspeetsr shall refuse te isslle a eertifieate ef oeeaj3aHey ana shall order the werle eemj3leted iH eenformity with the bllilding permit aIld iH eenfermity with the UnifQrm Ceae, aHd ether !Iflplieable bailding regalatiens. [!.mended e e 1989 by L.L. Ne. 10 1989] B. The eertifieate ef eeeHjlaney shall eertify that the werle has been eempleted and that the prepesee!llse ana eeellj3aney is in eenfQrmity with the previsieHs ef the Uniform Cee!e and ether aj3j3lieable bllildiHg laws, erdinaHees ana regalatiens, and shall speeify the IIse er IIses aIle! the e)(tent thereef te whieh the bllile!ing er struetllre er its several j3arts may be pllt. A. The Building Inspector shall issue a Certificate of Occupancy if the work which was the subiect of the Building Permit was completed in accordance with all applicable provisions of the Uniform Code. the Energv Code and. if applicable. that the structure. building Page 41 November 21,2006 Town of Southold Board Meeting Minutes or portion thereof that was converted from one use or occupancv classification or subclassification to another complies with all applicable provisions of the Uniform Code and the Energv Code. The Building Inspector shall inspect the building, structure or work prior to the issuance ofa Certificate ofOccupancv. In addition, where applicable, the following documents, prepared in accordance with the provisions of the Uniform Code bv such person or persons as mav be designated bv or otherwise acceptable to the Building Inspector, at the expense of the applicant for the Certificate of Occupancv shall be provided to the Building Inspector prior to the issuance of the Certificate of Occupancv: (1) a written statement of structural observations and/or a final report of special inspections, and (2) flood hazard certifications. B. A Certificate of Occupancv shall contain the following information: (1) the Building Permit number, if anv; (2) the date of issuance of the Building Permit, if anv; (3) the name, address and tax map number of the propertv; (4) if the Certificate of Occupancv is not applicable to an entire structure, a description of that portion of the structure for which the Certificate of Occupancy is issued; (5) the use and occupancv classification of the structure; (6) the tvpe of construction of the structure; (7) the assemblv occupant load of the structure; (8) if an automatic sprinkler svstem is provided, a notation as to whether the sprinkler svstem is required; (9) anv special conditions imposed in connection with the issuance of the Building Permit; and (10) the signature of the Building Inspector issuing the Certificate of Occupancv and the date of issuance. S 144-18. 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. S 144-19. Tests for compliance with standards. Whenever there are reasonable grounds to believe that any material, construction, equipment or assembly does not conform with to the requirements of the Uniform Code or the Page 42 November 21, 2006 Town of South old Board Meeting Minutes 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. S 144-21. 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. 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 bylaw. ./ Vote Record - Resolution RES-2006-910 Yes/Aye No/Nay Abstain Absent 511 Adopted Albert Krupski Jr. Seconder 511 0 0 0 0 Adopted as Amended William P. Edwards Initiator 511 0 0 0 0 Defeated Daniel C. Ross Voter 511 0 0 0 0 Tabled Thomas H. Wickham Voter 511 0 0 0 0 Withdrawn Louisa P. Evans Voter 511 0 0 0 Scott Russell Voter 511 0 0 0 2006-911 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute an Interagency Agreement with the County of Suffolk Through Its Duly Constituted Department of Fire, Rescue and Emergency Services and the Town of South old RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Interal!:encv Al!:reement with the County of Suffolk throul!:h its duIv constituted Department of Fire. Rescue and Emerl!:encv Services and the Town of SouthoId for the provision of an emergency generator for Fishers Island at no cost to the Town, subject to the approval ofthe Town Attorney. Page 43 November 21, 2006 Town of Southold Board Meeting Minutes ,/ Vote Record - Resolution RES-2006.911 Yes/Aye NolNay Abstain Absent 511 Adopted Albert Krupski Jr. Voter 511 0 0 0 0 Adopted as Amended William P. Edwards Seconder 511 0 0 0 0 Defeated Daniel C. Ross Initiator 511 0 0 0 0 Tabled Thomas H. Wickham Voter 511 0 0 0 0 Withdrawn Louisa P. Evans Voter 511 0 0 0 Scott Russell Voter 511 0 0 0 2006-912 CATEGORY: Seqra DEPARTMENT: Town Attorney Find that the Proposed "A Local Law 1n Relation to the Size. Heights and Setbacks of Accessory Buildings" is Classified As an Unlisted Action Pursuant to SEQRA Rules and Regulations, and Declare Town Board As Lead Agency RESOLVED that the Town Board of the Town of South old hereby finds that the proposed "A Local Law in relation to the Size. Heil!:hts and Setbacks of Accessorv Buildinl!:s" is classified as an Unlisted Action pursuant to SEQRA Rules and Rel!:uIations, 6 NYCRR Section 617, and that the Town Board ofthe Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action in accordance with the recommendation ofL.K. McLean Associates, P.C. dated November 20, 2006, and authorizes Supervisor Scott A. Russell to execute the Short Form EAF in accordance therewith. ./' Vote Record - Resolution RES-2006-912 Yes/i\ye No/Nay Abstain Absent 511 Adopted Albert Krupski Jr. Voter 511 0 0 0 0 Adopted as Amended William P. Edwards Voter 511 0 0 0 0 Defeated Daniel C. Ross Voter 511 0 0 0 0 Tabled Thomas H. Wickham Seconder 511 0 0 0 0 Withdrawn Louisa P. Evans Initiator 511 0 0 0 Scott Russell Voter 511 0 0 0 2006-913 CATEGORY: RetirementlResignation DEPARTMENT: Accounting Accept the Resignation James R. Brown, Fishers Island Ferry District Deckhand RESOLVED that the Town Board of the Town of Southold hereby accepts the resil!:nation James R. Brown. Fishers Island Ferrv District deckhand, effective November 9, 2006. Page 44 November 21,2006 Town of South old Board Meeting Minutes ./' Vote Record. Resolution RES-2006-913 Yes/Aye NolNay Abstain Absent 511 Adopted Albert Krupski Jr. Voter 511 0 0 0 0 Adopted as Amended William P. Edwards Voter 511 0 0 0 0 Defeated Daniel C. Ross Voter 511 0 0 0 0 Tabled Thomas H. Wickham Initiator 511 0 0 0 0 Withdrawn Louisa P. Evans Seconder 511 0 0 0 Scott Russell Voter 511 0 0 0 2006-914 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Appoint James B. Wright to the Position of Part-Time Deckhandfor the Fishers 1sland Ferry District RESOLVED that the Town Board of the Town of South old hereby appoints James B. Wril!:ht to the position of part-time deckhand for the Fishers Island Ferrv District . effective December 1, 2006, at a rate of $11.00 per hour. ./' Vote Record - Resolution RES-2006-914 Yes/Aye NolNay Abstain Absent 511 Adopted Albert Krupski Jr. Initiator 511 0 0 0 0 Adopted as Amended William P. Edwards Seconder 511 0 0 0 0 Defeated Daniel C. Ross Voter 511 0 0 0 0 Tabled Thomas H. Wickham Voter 511 0 0 0 0 Withdrawn Louisa P. Evans Voter 511 0 0 0 Scott Russell Voter 511 0 0 0 2006-915 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Change Nicholas Espinosa From the Position of a Part-Time Deckhand to Full-Time Deckhand RESOLVED that the Town Board ofthe Town of South old hereby chanl!:es Nicholas Espinosa from the position of a part-time deckhand to full-time deckhand for the Fishers Island Ferry District, effective November 27,2006, at a rate of$14.25 per hour. ./' Vote Record - Resolution RES-2006-915 Yes/Aye NolNay Abstain Absent 511 Adopted Albert Krupski Jr. Seconder 511 0 0 0 0 Adopted as Amended William P. Edwards Initiator 511 0 0 0 0 Defeated Daniel C. Ross Voter 511 0 0 0 0 Tabled Thomas H. Wickham Voter 511 0 0 0 0 Withdrawn Louisa P. Evans Voter 511 0 0 0 Scott Russel1 Voter 511 0 0 0 Page 45 November 21, 2006 Town of Southold Board Meeting Minutes 2006-916 CATEGORY: Planning DEPARTMENT: Town Attorney Ll North Shore Heritage Area Management Plan WHEREAS, in 1998, the New York State Legislature established the Long Island North Shore Heritage Area for the purpose of preserving and enhancing the historic, cultural and natural resources of Long Island's North Shore; and WHEREAS, along with such establishment the Long Island North Shore Heritage Area Planning Commission was created and charged with developing a management plan that local governments within the heritage area can utilize for planning, preservation and enhancement of heritage area; and WHEREAS, a management plan was professionally prepared with an extensive public participation process that involved more than 500 residents and civic leaders from throughout the Heritage Area; and WHEREAS, the management plan is a sourcebook of inventories, interpretive themes, and strategies for preservation, protection and celebration of the North Shore's intrinsic resources; and WHEREAS, Section 3 of Article 35.05 of the NY PRHPL states that "the local legislative body of each city, town, or village within a designated area. . . must approve the management plan before it is submitted to the commissioner" of the New York State Office of Parks, Recreation and Historic Preservation for approval; and WHEREAS, the Long Island North Shore Heritage Area Planning Commission, acting as lead agency prepared a Generic Environmental Impact Statement (GElS) that examines the environmental impacts and social and economic considerations associated with the Plan; and Page 46 - November 21, 2006 Town of South old Board Meeting Minutes WHEREAS, after conducting a SEQR review process that increased public involvement and resulted in a Final Generic Environmental Impact Statement (FGEIS), the Long Island North Shore Heritage Area Planning Commission is now ready to submit the completed management plan to local governments for their approval; and WHEREAS, local approval of the management plan will not impact local autonomy; and WHEREAS, approval ofthe management plan will lead to a variety of benefits for the North Shore region, including but not limited to: . Strengthening its cultural and historical identity; . Technical assistance and increased funding opportunities for projects within the Heritage Area; and WHEREAS, the Town of South old named below is a municipality that falls within the boundaries of the North Shore Heritage Area; and WHEREAS, under the State Environmental Quality Review Act (SEQRA) and 6 NYCRR Part 617, the Town of Southold is an involved agency with respect to approval ofthe Management Plan; NOW, THEREFORE, BE IT RESOLVED that having considered the relevant environmental impacts, facts and conclusions as set forth in the FOEIS and having weighed and balanced the relevant environmental impacts with social, economic and other considerations, the Town of Southold hereby makes the following SEQR Findings with regard to approval of the LINSHA Management Plan: 1. that the requirements ofSEQRA and 6 NYCRR Part 617 of the implementing regulations have been met; and 2. that adverse environmental impacts have been avoided or minimized to the maximum extent practicable, and all practicable mitigation measures have been incorporated. Page 47 November 21, 2006 Town of Southold Board Meeting Minutes BE IT FURTHER RESOLVED that the Town of Southold supports the mission of the Long Island North Shore Heritage Area Planning Commission to preserve and protect the region's historic, natural and maritime resources; and BE IT FURTHER RESOLVED that the Town of Southold hereby approves the Long Island North Shore Heritage Area Management Plan; and BE IT FURTHER RESOLVED that such resolution will be forwarded to the Long Island North Shore Heritage Area Planning Commission office at the following address: Long Island North Shore Heritage Area Planning Commission Planting Fields Arboretum State Historic Park P.O. Box 58 Oyster Bay, NY 11771 ./ Vote Record ~ Resolution RES-2006~916 Yes/Aye NolNay Abstain Absent 511 Adopted Albert Krupski Jr. Voter 0 511 0 0 0 Adopted as Amended William P. Edwards Seconder 511 0 0 0 0 Defeated Daniel C. Ross Initiator 511 0 0 0 0 Tabled Thomas H. Wickham Voter 511 0 0 0 0 Withdrawn Louisa P. Evans Voter 511 0 0 0 Scott Russell Voter 511 0 0 0 2006-917 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Memorandum of Agreement Between the Town of Southo/d and the Department of Homeland Security Science and Technology Directorate RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Memorandum of Ae:reement between the Town of South old and the Department of Homeland Security Science and Techno1ol!:V Directorate, relating to law enforcement support on Plum Island, subject to the approval of the Town Attorney. Page 48 - November 21, 2006 Town of Southold Board Meeting Minutes -/ Vote Record - Resolution RES-2006-917 Yes/Aye NolNay Abstain Absent 511 Adopted Albert Krupski Jr. Voter iii 0 0 0 0 Adopted as Amended William P. Edwards Seconder 511 0 0 0 0 Defeated Daniel C. Ross Initiator 511 0 0 0 0 Tabled Thomas H. Wickham Voter 511 0 0 0 0 Withdrawn Louisa P. Evans Voter 511 0 0 0 Scott Russell Voter 511 0 0 0 2006-918 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact a Local Law 1n Relation to Amendments to Penalties 1n the Sou/hold Town Code WHEREAS there has been presented to the Town Board of the Town of South old, Suffolk County, New York, on the 17th day of October 2006, a Local Law entitled," A Local Law in relation to Amendments to Penalties in the South old Town Code" and WHEREAS the Town Board ofthe Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of South old hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Penalties in the SouthoId Town Code" reads as follows: LOCAL LAW NO. 2006 A Local Law entitled, "A Local Law in relation to Amendments to Penalties in the Southold Town Code". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. PURPOSE The Town Board has reviewed the penalties associated with violations of the Southold Town Code and determined that insofar as the amounts of the fines have not been updated in at least ten years, they do not reflect a fair and appropriate assessment against those convicted of Page 49 November 21, 2006 Town of Southold Board Meeting Minutes offenses and crimes under the Town Code. Therefore, the Town Board believes it necessary to increase the amounts of the fines to discourage potential violators from un-permitted and/or illegal activity and as a punitive response where warranted. II. CHAPTERS 144, 135,233,264,228 and 100 are hereby amended as follows: Fire Prevention and Building Construction S 144-20 Compliance required; penalties for offenses. A. It shall be unlawful for any person, firm or corporation to construct, alter, repair, move, remove, demolish, equip, use or occupy or maintain any building or structure or portion thereof in violation of any provisions of this chapter, or to fail in any manner to comply with a notice, directive, or order of the Building Inspector, or to construct, alter or use and occupy any building or structure or part thereof in a manner not permitted by an approved building permit or certificate of occupancy. B. For each offense against any provisions ofthe Uniform Code, Enerln' 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 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 exceeding Hve lumdred to exceed five thousand dollars ($m.) ($5.000.)or imprisonment for a period not to exceed fifteen (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 eigilteen (18) thirty-six (36) months thereafter, such person shall be guilty of a violation punishable by a fine not el(ceeding ORe tilellsand five illHldred to exceed ten thousand dollars ($1590.) ($10.000) or imprisonment for a period not to exceed fifteen (15) days, or both such fine and imprisonment. Farm Stands S 135-6. Penalties for offenses. Page 50 November 21, 2006 Town of Southold Board Meeting Minutes Any violation of this chapter shall be grounds for revocation ofthe farm stand permit. Furthermore, any violator of this chapter shall, upon conviction, be guilty of a yiolatiea.!!!! offense punishable by a fine not e)[eeecliag to exceed one thousand dollars ($1,000.) ~or imprisonment for a period not to exceed fifteen 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 eiehteen 18 months thereafter, such person shall be guilty of a 'riolatioa.!!!! offense punishable by a fine not e)[seecliag $1,500 to exceed five thousand dollars($5.000.) or imprisonment for a period not to exceed fifteen 15 days or both such fine and imprisonment. Solid Waste 9233-6. Penalties for offenses. A. Illegal dumping. Any person committing an offense of illegal dumping under this chapter shall, upon conviction thereof, be guilty of a violation punishable as follows: (1) For a first offense: (a) A fine not less than $1,000. and not more than $~ $5.000.; (b) Imprisonment for a term not e),eeecliag to exceed 15 +lHIays.; or (c) Community service of fu!:!L( 40) hours, to be performed within ;;G days efthe date ef seHteasiag the Town of SouthoId. (2) For a second offense: (a) A fine of not less than $~$5.000. and not more than $~$10,000.; (b) Imprisonment for a term not exseediag to exceed thirty 30 days; or (c) Community service of one hundred twenty (120) hours, to be performed within 9() days efthe date ofseateaoiag the Town of South old. Vehicles, Motor-Driven 9264-20 Penalties for offenses; restitution. A. Any person, firm or corporation violating or permitting the violation of any provision of this chapter shall be guilty of a violation and shall be subject to a fine of not less than $50. nor more than $~$500. or to imprisonment of Hot more thaa not to exceed fifteen (15) days, or both such fine and imprisonment. Each day's ceHtiaHed violatioa shall soastitHte a separate offease. Ia the ease of a secoad ef sHbseqHeat vielatioa, the sollrt may erder Page 51 November 21, 2006 Town of Southold Board Meeting Minutes eonfiseation of said ."ehiele or esnveyanee in lieH of any Hne and/or imprisonment. Anv second or subsequent conviction of such person. firm or corporation shall be subiect to a fine not less than two hundred fifty ($250.) dollars nor more than seven hundred fiftv($750.) dollars and the vehicle or conveyance shall be subiect to confiscation pursuant to &264-19. Any vehicle or conveyance which is confiscated pursuant to this section and stored by the Town in excess ofthirtv (30) days may. upon conviction under this chapter, wtH-be sold at public auction according to the appropriate procedures and laws affecting public auctions by municipalities. Soil Removal !}228-13 Penalties for offenses. Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be guilty of a violation punishable by a fine not exeeeding two hundred tHly-to exceed two thousand five hundred dollars (UG,) ($2.500.) or by imprisonment for a term not eReeeding to exceed fifteen (15) days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is committed, a separate and distinet additional offense hereunder. Buildings, Unsafe !} 100-10 Penalties for offenses. A. Any person who neglects, refuses or fails to comply with any order or notice issued hereunder shall be guilty of an offense a violation punishable by a fine not to exceed !we hundred HFty five thousand dollars ($~($5.000.) or by imprisonment for a term not to exceed fifteen (15) days, or both such fine and imprisonment. Each week's continued violation shall constitute a separate and additional offense or ';iolation. B. Nothing in this ehllflter shall Be eonstrned as depri."ing the to'Nfl of any other a';ailaiJle remedy relevant to a violation of this ehapter. B. In addition to the criminal violation, the Town Attorney is authorized to pursue any and all actions in law or equity, includine but not limited to actions for compensatorv damaees. civil penalties, or iniunctive relief. C. Strict Liabilitv. Page 52 -- November 21,2006 Town of South old Board Meeting Minutes Personal knowIede:e of the existence of a violation under this chapter is not required, no mens rea (intent) is required. and anv violation chare:ed herein shall be one of strict Iiabilitv. 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-2006-918 Yes/Aye NolNay Abstain Absent 511 Adopted Albert Krupski Jr. Voter 511 0 0 0 0 Adopted as Amended William P. Edwards Voter 0 511 0 0 0 Defeated Daniel C. Ross Voter 511 0 0 0 0 Tabled Thomas H. Wickham Seconder 0 511 0 0 0 Withdrawn Louisa P. Evans Initiator 511 0 0 0 Scott Russell Voter 511 0 0 0 2006-919 CATEGORY: Bond DEPARTMENT: Town Clerk Adopt Fishers Island Ferry DistrictBond Resolution and Order After Public Hearing A regular meeting of the Town Board of the Town of Southold, in the County of Suffolk, New York, was held at the Town Hall, 53095 Main Road, Southold, m said Town, on the 21st day of November, 2006. PRESENT: Hon. Scott A. Russell, Supervisor Louisa P. Evans, Justice Albert J. Krupski, Jr., Councilperson Thomas H. Wickham, Council person William P. Edwards, Councilperson Page 53 November 21, 2006 Town of Southold Board Meeting Minutes Daniel C. Ross, Councilperson In the Matter of the Increase in the maximum cost of the construction of a new and expanded ferry terminal for the Fishers Island Ferry District, in New London, Connecticut RESOLUTION AND ORDER AFTER PUBLIC HEARING WHEREAS, following receipt of certified copy of the Resolution adopted by the Board of Commissioners of the Fishers Island Ferry District, in the Town of Southold (hereinafter called "District" and "Town", respectively), in the County of Suffolk, New York, and the Petition of said Board of Commissioners, each dated October 24, 2006 and duly subscribed by the Commissioners of the District, requesting that the Town Board of the Town (herein called "Town Board"), call a public hearing to consider the increase in the maximum cost of the increase and improvement of the facilities of the District, described as the construction of a new and expanded ferry terminal on the land heretofore acquired and now owned by the Town for District purposes, being the site of the former ferry terminal, in the City of New London, Connecticut, including bulkheading, placement of fill, construction of a new ticketing and administration building, installation of utilities, concrete vaults for two underground storage tanks for fuel and waste oil, a perimeter drainage system, parking areas for vehicles, a wider easement for ingress and egress and the necessary facilities and appurtenances thereto, the resulting terminal area, including said building, to be approximately double the size of the former terminal, all as more fully described by in the "Preliminary Engineering Report," dated May 31, 2001, prepared Docko, Inc., licensed engineers, on file in the office of the District and the office Page 54 November 21, 2006 Town of Southold Board Meeting Minutes of the Town Clerk of the Town, as well as original furnishings, equipment, machinery and apparatus required for the purposes for which said building and terminal are to be used (herein called "Project"), from the revised estimated maximum cost of $10,500,000, to the new revised estimated maximum cost of $11 ,025,000 said increase, to be financed from grants expected to be received from the United States and the State of New York and such other sources as may be available therefor, including current funds of the District; no obligations of the Town will be issued; and WHEREAS, on August 15, 2000, the Town Board adopted the resolution, subject to permissive referendum, authorizing and increasing the aggregate principal amount which the Town Board may borrow and for which obligations may be issued from $500,000 to $5,000,000, as authorized pursuant to Section 4 of Chapter 699 of the New York Laws of 1947, as amended, and no valid petition requesting that a referendum be held thereon was submitted; and WHEREAS, all necessary procedures requisite to reviewing the impact that the Project may have on the environment having been complied with and construction permits having been obtained from the Federal, State and local governmental entities having jurisdiction in this matter, including the Connecticut Department of Environmental Protection, the U.S. Army Corps Of Engineers and said City of New London (copies of which are available for inspection in the office of the Secretary of said Board of Commissioners, and in the office of the Town Clerk of the Town), the Town Board, in the role of Lead Agency, has determined and found that pursuant to the applicable provisions of the State Environmental Quality Review Act ("SEQRA"), the Project is an Unlisted Action thereunder and, following preparation of an Environmental Assessment Form, it has been determined that the Project will have no significant Page 55 November 21, 2006 Town of Southold Board Meeting Minutes adverse impact upon the environment and, further, the Town Board has issued a Negative Declaration and filed same with the Town Clerk; and WHEREAS, pursuant to the Order Calling Public Hearing, adopted November 8, 2006, a public hearing to consider proposed increase in the cost of the Project was duly held by the Town Board on the 21st day of November, 2006, at 5:15 o'clock P.M. (Prevailing Time), at the Town Hall, 53095 Main Road, Southold, and considerable discussion on the matter has been had and all persons desiring to be heard have been heard concerning the subject matter of the above referenced public hearing, including those in favor of and those in opposition to the Project and the financing thereof; NOW, THEREFORE, in consideration of the information given at such hearing, it is hereby DETERMINED, that it is in the public interest to increase the estimated maximum cost of said increase and improvement of the facilities of the District, as hereinabove described and referred to as the Project, from the revised estimated maximum cost of $10,500,000 to the new revised estimated maximum cost of $11 ,025,000 and to finance such cost from said grants and such other funds as may be available, including current funds of the District, provided, however, no obligations of the Town will be issued therefor, all as hereinabove referred to, and it is hereby ORDERED, that the estimated maximum cost of the increase and improvement of the facilities of the District shall be increased from the revised estimated maximum cost of $10,500,000 to the new revised estimated cost of $11,025,000 as hereinabove prescribed and, further that the Engineer heretofore retained by the Board of Commissioners of the District shall Page 56 November 21, 2006 Town of Southold Board Meeting Minutes prepare specifications and make careful estimates of the expense for the Project at a cost not to exceed $11,025,000 and, with the assistance of the Attorney for the District, prepare a proposed contract or contracts therefor, which specifications, estimates and proposed contract( s) shall be presented to said Board of Commissioners as soon as possible; and it is hereby FURTHER ORDERED, that the expense of so increasing the estimated maximum cost of the Project to the extent not provided by such grants and/or other sources, shall be financed from current funds of the District, but if not fully or partly paid from such sources, all the taxable property within the District, and, if necessary, the Town, shall be subject to the levy of ad valorem taxes as authorized by law, sufficient to pay all or the balance of such new revised estimated maximum cost; and it is hereby FURTHER ORDERED, that the Town Clerk record a certified copy of this Resolution and Order After Public Hearing in the office of the Clerk of Suffolk County within ten (10) days after adoption hereof. ./ Vote Record ~ Resolution RES-2006-919 Yes/Aye NolNay Abstain Absent 511 Adopted Albert Krup~ki Jr. Voter 511 0 0 0 0 Adopted as Amended William P. Edwards Voter 511 0 0 0 0 Defeated Daniel C. Ross Voter 511 0 0 0 0 Tabled Thomas H. Wickham Seconder 511 0 0 0 0 Withdrawn Louisa P. Evans Initiator 511 0 0 0 Scott Russell Voter 511 0 0 0 2006-920 CATEGORY: Bond DEPARTMENT: Town Clerk Approve Fishers Island Ferry District Bond Increase BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED JULY 31, 2001, AMENDED OCTOBER 21, Page 57 -- -------- November 21,2006 Town of South old Board Meeting Minutes 2003, AND FURTHER AMENDED NOVEMBER 21, 2006, APPROPRIATING THE AMOUNT OF $11,025,000, INCLUDING THE AMOUNTS OF FUNDS HERETOFORE EXPENDED AND GRANTS EXPECTED TO BE RECEIVED FROM THE UNITED STATES AND THE STATE OF NEW YORK AND SUCH OTHER SOURCES AS MAY BE A V AILABLE THEREFOR, INCLUDING FUNDS OF THE FISHERS ISLAND FERRY DISTRICT, TO FUND THE ESTIMATED MAXIMUM COST OF THE INCREASE AND IMPROVEMENT OF THE FACILITIES OF SAID FERRY DISTRICT, AND AUTHORIZING THE ISSUANCE OF THE SERIAL BONDS OF SAID TOWN IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $4,800,000 TO FINANCE THAT PORTION OF SAID APPROPRIATION FOR WHICH SUCH GRANTS AND OTHER FUNDS HERETOFORE EXPENDED ARE NOT AVAILABLE. Recitals WHEREAS, following the receipt of a certified copy of the Resolution adopted by the Board of Commissioners of the Fishers Island Ferry District, in the Town of Southold (hereinafter called "Commissioners," "District" and "Town," respectively), in the County of Suffolk, New York and the Petition of said Board of Commissioners, each dated June 18, 2001 and duly subscribed by the Commissioners of the District, requesting that the Town Board of the Town (herein called the "Town Board") call a public hearing to consider the increase and Page 58 November 21, 2006 Town of Southold Board Meeting Minutes improvement of the facilities of the District as hereinafter described (defined as the "Project" in the Recitals hereof), at the estimated maximum cost of $8,000,000, including the amount of $1,090,000 from the TEA-21 Program (Transportation Equity Act for the 21 st Century) of the United States, in addition to the amount heretofore approved; up to $5,500,000 expected to be received from the United States Department of Transportation; up to $3,000,000 expected to be received from the Federal Highway Administration ("FHW A"), the United States Department of Homeland Security, and/or HUD for urban renewal purposes; and up to $2,000,000 expected to be received from the State of New York; and to finance that portion of such cost for which such grants are not available by the issuance of Town obligations in the principal amount of not to exceed $4,800,000, pursuant to the applicable provisions of the Local Finance Law, the aggregate principal amount which the Town Board may borrow and so issue obligations having been heretofore authorized and increased from $500,000 to $5,000,000 pursuant to the resolution adopted by the Town Board on August 15,2000, subject to permissive referendum; and WHEREAS, following the public hearing duly called and held on July 17, 2001 and further continued on July 31, 2001, and all persons interested in the subject matter thereof have been heard and following the close of such public hearing, as so continued, the Town Board has determined, pursuant to the Resolution and Order After Public Hearing duly adopted on July 31, 200 I, that it is in the public interest to so increase and improve the facilities of the District and has ordered that the facilities be so increased and improved, at the estimated maximum cost of $8,000,000 and that Docko, Inc., licensed engineers, prepare specifications and an estimate of the cost and, with the assistance of the Attorney for the District, prepare a proposed contract or contracts therefor to be presented to the said Board of Commissioners as soon as possible; and Page 59 -- --.-- November 21, 2006 Town of Southold Board Meeting Minutes WHEREAS, the estimated maximum cost of the Project was originally determined by the Board of Commissioners to be $8,000,000, but as a result of increased costs of labor and materials and other related costs, the Board of Commissioners determined that the estimated maximum cost of the Project had increased to the amount of $10,500,000, and it is in the best interests of the District to increase the total amount authorized to be expended for the Project by $2,500,000, from the original estimated maximum cost of $8,000,000 to the revised estimated maximum cost of $1 0,500,000; and WHEREAS, said proposed increase in the estimated maximum cost of the Project has been funded from additional grant proceeds received from the FHW A and the United States Department of Homeland Security; and WHEREAS, pursuant to the Petition of the Board of Commissioners and the Order adopted by the Town Board on September 23, 2003, a public hearing was held by the Town Board on October 7, 2003 to consider the proposed increase in the estimated maximum cost from $8,000,000 to $10,500,000; and following such public hearing, the Town Board adopted a Resolution and Order After Public Hearing dated October 7, 2003, which authorized the increase in the estimated maximum cost of the Project; and thereafter the bond resolution adopted on July 31, 2001 as amended to reflect the increase in the estimated maximum cost of the Project; and WHEREAS, due to additional work being performed to complete the Project, the Commissioners have adopted a resolution implemented by a petition, each signed by the Commissioners requesting that the Town Board call a public hearing to consider an increase in Page 60 ---------- ---------------- November 21,2006 Town of Southold Board Meeting Minutes the maximum cost of the Project from the revised estimate of $10,500,000 to the new revised estimate of$11,025,000; and WHEREAS, pursuant to the Order Calling Public Hearing To Be Held On November 21, 2006, the Town Board has held a public hearing on November 21, 2006 and thereafter adopted the Resolution And Order After Public Hearing which, inter alia, authorized the maximum amount to be expended for the Project to be increased from $10,500,000 to $11,025,000 to be funded from grants expected to be received from the United States and the State of New York and such other sources as may be available therefor, including current funds of the District, provided that no additional obligations of the Town will be issued to finance such increase in cost; and WHEREAS, all necessary procedures requisite to reviewing the impact that the Project may have on the environment having been complied with and construction permits having been obtained from the Federal, State and local governmental entities having jurisdiction in this matter, the Town Board, in the role of Lead Agency, has determined and found that pursuant to the applicable provisions of the State Environmental Quality Review Act ("SEQRA"), the Project is an Unlisted Action thereunder and, following preparation of an Environmental Assessment Form, it has been determined that the Project will have no significant adverse impact upon the environment and, further, the Town Board has issued a Negative Declaration and filed same with the Town Clerk; Now, therefore, be it Page 61 November 21,2006 Town of Southold Board Meeting Minutes RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK (by the favorable vote of not less than two-thirds of all the members of said Board) AS FOLLOWS: Section 1. The Town hereby appropriates and authorizes the expenditure of $11,025,000, including the amounts of grants (i) heretofore received and (ii) expected to be received from the United States and from the State of New York and such other sources as may be available therefore, including current funds for the Ferry District; for the construction of a new and expanded ferry terminal on the land heretofore acquired and now owned by the Town for District purposes, being the site of the former ferry terminal, in the City of New London, Connecticut, including bulkheading, placement of fill, construction of a new ticketing and administration building, installation of utilities, concrete vaults for two underground storage tanks for fuel and waste oil, a perimeter drainage system, parking areas for vehicles, a wider easement for ingress and egress and the necessary facilities and appurtenances thereto, the resulting terminal areas, including said building, to be approximately double the size of the former terminal, all as more fully described in the "Preliminary Engineering Report", dated May 31,2001, by Docko, Inc., licensed engineers, as amended, on file in the office of the District and in the office of the Town Clerk, as well as original furnishings, equipment, machinery and apparatus required for the purposes for which said building and terminal are to be used (herein called the "Project"). The estimated maximum cost of said specific object or purpose, including preliminary costs and costs incidental thereto and to the financing thereof, is $11,025,000 and the plan of financing includes, in addition to the funds heretofore expended for the Project, the expenditure of the grants expected to be received from the United States and the State of New York and other sources, as hereinabove referred to in the Recitals hereof, and the issuance of Page 62 November 21,2006 Town of Southold Board Meeting Minutes obligations including serial bonds and bond anticipation notes, in the principal amount of not to exceed $4,800,000 to finance that portion of said appropriation for which such grants are not available. The principal and interest on such obligations, shall be assessed, levied and collected from the several lots and parcels of land within the District by the Town Board in the manner provided by law, but if not paid from such source, all the taxable real property within the Town shall be subject to the levy of ad valorem taxes, without limitation as to rate or amount, sufficient to pay the principal of and interest on said obligations as the same shall become due and payable. Section 2. Serial bonds of the Town are hereby authorized to be issued in the principal amount of not to exceed $4,800,000 pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called "Law"), to finance that portion of said appropriation for which grants are not available. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness of the Project, being the specific object or purpose for which said serial bonds are authorized to be issued, within the (imitations of Section 11.00 a. 46 of the Law, is twenty (20) years. (b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of said bonds shall contain the recital of validity Page 63 November 21,2006 Town of Southold Board Meeting Minutes prescribed by Section 52.00 of the Law and said bonds, and any notes issued in anticipation said bonds, shall be general obligations of the Town, payable as to both principal and interest by a general tax upon all the taxable real property within the Town without limitation as to rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes issued in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of the issuance of bonds having substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes, and Section 50.00 and Sections 56.00 to 60.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing their terms, form and contents and as to the sale and issuance of the bonds herein authorized, and any other bonds heretofore or hereafter authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, are hereby delegated to the Supervisor, the chief fiscal officer ofthe Town. Section 6. The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or Page 64 November 21,2006 Town of Southold Board Meeting Minutes (b) the provisions of law which should be complied with at the date of the publication of such resolution, or a summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This resolution shall take effect immediately and the Town Clerk is hereby directed to publish a summary of the foregoing bond resolution, in substantially the form prescribed in Exhibit "A" annexed hereto, in "THE SUFFOLK TIMES," a newspaper published in the Town of Southold, New York, and having a general circulation in said Town, which newspaper is hereby designated as the official newspaper of the Town for such publication, together with the Town Clerk's statutory notice in the form prescribed by Section 81.00 of the Local Finance Law of the State of New York. Exhibit A BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED mLY 31, 2001, AMENDED OCTOBER 21, 2003, AND FURTHER AMENDED NOVEMBER 21, 2006, APPROPRIATING THE AMOUNT OF $11,025,000, INCLUDING THE AMOUNTS OF FUNDS HERETOFORE EXPENDED AND GRANTS EXPECTED TO BE RECEIVED FROM THE UNITED STATES AND THE STATE OF NEW YORK AND SUCH OTHER SOURCES AS MAY BE AVAILABLE THEREFOR, INCLUDING FUNDS OF THE FISHERS ISLAND FERRY DISTRICT, TO FUND THE ESTIMATED MAXIMUM COST OF THE INCREASE AND IMPROVEMENT OF THE FACILITIES OF SAID FERRY DISTRICT, AND AUTHORIZING THE ISSUANCE OF THE SERIAL BONDS OF SAID TOWN IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $4,800,000 TO FINANCE THAT PORTION OF SAID APPROPRIATION FOR WHICH SUCH GRANTS AND OTHER FUNDS HERETOFORE EXPENDED ARE NOT AVAILABLE Page 65 November 21, 2006 Town of Southold Board Meeting Minutes Object or purpose: the construction of a new and expanded ferry terminal on the land heretofore acquired and now owned by the Ferry District ("District"), being the site of the existing ferry terminal in the City of New London, Connecticut, including bulkheading, placement of fill, construction of a new ticketing and administration building, installation of utilities, concrete vaults for two underground storage tanks for fuel and waste oil, a perimeter drainage system, parking areas for vehicles, a wider easement for ingress and egress and the necessary facilities and appurtenances thereto, the resulting terminal area, including said building, to be approximately double the size of the existing terminal, including original furnishings, equipment, machinery and apparatus required for the purposes for which said building and terminals are to be used, the estimated maximum cost thereof being increased from $10,500,000 to 11,025,000, to be financed to the extent received, by grants from the United States and the State of New York and such other sources as may be available therefor, including current funds of the District; and no additional Town obligations will be issued Period of probable usefulness: twenty (20) years Amount of obligations: not to exceed $4,800,000 A complete copy of the bond resolution summarized above shall be available for public inspection during normal business hours at the office ofthe Town Clerk, Town Hall, 53095 Main Road, Southold, New York 11971. Dated: November 21, 2006 Southold, New York ./ Vote Record - Resolution RES-2006-920 Yes/Aye NolNay Abstain Absent 511 Adopted Albert Krupski Jr. Voter 511 0 0 0 0 Adopted as Amended William P. Edwards Voter 511 0 0 0 0 Defeated Daniel C. Ross Voter 511 0 0 0 0 Tabled Thomas H. Wickham Seconder 511 0 0 0 0 Withdrawn Louisa P. Evans Initiator 611 0 0 0 Scott Russell Voter 511 0 0 0 2006-921 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Land Preservation Elect to Purchase the Property Owned by William R. Blackham and Eileen G. Blackham, As Trustees Under the Blackham Family Living Trust for the Purpose of the Preservation of Open Space. Page 66 - --- ---. - November 21,2006 Town of Southold Board Meeting Minutes WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase ofthe property owned by William R. Blackham and Eileen G. Blackham, as Trustees under the Blackham Family Living Trust on this 21st day of November, 2006, pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code ofthe Town of South old, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as SCTM #1000-74-1-3 and 2630 Henry's Lane, Peconic, New York, and is located on the northerly side of Henry's Lane approximately 955 feet from the intersection of Sound view Avenue and Henry's Lane in Peconic; and WHEREAS, the open space acquisition is for fee title of the entire approximately 0.48 acre (subject to survey) property and has been offered for sale to the Town of Southold below fair market value. The purchase price is $5,000.00 (five thousand dollars) plus acquisition costs. The property will be acquired using Community Preservation Funds. The seller may claim a bargain sale; and WHEREAS, the subject property is listed on the Community Preservation Project Plan as property that should be preserved due to its significant wetlands and natural wooded area and for the purpose of preserving open space to allow the property to remain in its undisturbed present state. The property is adjacent to land currently owned by the Town of Southold; and WHEREAS, the purchase of this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) Chapter 185 (Open Space Preservation) of the Town Code of the Town of Southold; and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the Local Waterfront Revitalization Program (L WRP) and the L WRP Coordinator has determined that this action is consistent with the L WRP; and Page 67 ~ November 21,2006 Town of Southold Board Meeting Minutes WHEREAS, as per Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5, the Land Preservation Coordinator and the Town Board have reviewed the acquisition and have determined that sanitary flow credits will not be transferred from this property; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the property; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase fee title to the subject property for the purpose of the preservation of open space to allow the property to remain in its undisturbed present state; now, therefore, be it RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code, the Town Board of the Town of Southold hereby elects to purchase the property owned bv William R. Blackham and Eileen G. Blackham. as Trustees under the Blackham Familv Livine Trust for the purpose of the preservation of open space to allow the property to remain in its undisturbed present state. Said property is identified as SCTM #1000-74-1-3. The address is 2630 Henry's Lane, Peconic, New York, and is located on the northerly side of Henry's Lane approximately 955 feet from the intersection of Sound view Avenue and and Henry's Lane in Peconic in the R-40 zoning district. The proposed acquisition for fee title is approximately 0.48 acre (subject to survey) and has been offered for sale to the Town of South old below fair market value. The purchase price for this open space acquisition is $5,000.00 (five thousand dollars) plus acquisition costs. The seller may claim a bargain sale. Town funding for this purchase is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code of the Town of South old. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) ofthe Town Code and the Local Waterfront Revitalization Program (L WRP) and the L WRP Coordinator has determined that this action is consistent with the LWRP. As per Chapter 117 (Transfer of Development Rights) of the Code of Page 68 November 21, 2006 Town of Southold Board Meeting Minutes the Town of Southold, Section 117-5, the Land Preservation Coordinator and the Town Board have reviewed the acquisition and have determined that sanitary flow credits will not be transferred from this property. -/ Vote Record. Resolution RES.2006-921 Yes/Aye NolNay Abstain Absent 511 Adopted AlbertKftlpskiJr. Voter 511 0 0 0 0 Adopted as Amended William P. Edwards Voter 511 0 0 0 0 Defeated Daniel C. Ross Seconder 511 0 0 0 0 Tabled Thomas H. Wickham Voter 511 0 0 0 0 Withdrawn Louisa P. Evans Initiator 511 0 0 0 Scott Russell Voter 511 0 0 0 2006-922 CATEGORY: Budget Modification DEPARTMENT: Town Clerk Records Management Budget Modification RESOLVED that the Town Board of the Town of Southold hereby modifies the 2006 Records Manal!ement budl!et as follows: From: A. 1460. 1.200. 1 00 Part-Time Employees $ 5,000.00 Regular Earnings To: A.1460.4.100.100 Contractual Expenses $ 5,000.00 Supplies & Materials -/ Vote Record - Resolution RES~2006.922 Yes/Aye NolNay Abstain Absent 511 Adopted AJ~ertKrupski Jr. Voter 511 0 0 0 0 Adopted as Amended William P. Edwards Voter 511 0 0 0 0 Defeated Daniel C. Ross Voter 511 0 0 0 0 Tabled Thomas H. Wickham Seconder 511 0 0 0 0 Withdrawn Louisa P. Evans Initiator 511 0 0 0 Scott Russell Voter 511 0 0 0 VI. Public Hearinl!s 1. Motion To: Motion to recess to Public Hearing COMMENTS - Current Meeting: RESOLVED that this meeting of the Southold Town Board be and herebv is declared Recessed in order to hold a public hearinl!. RESULT: ADOPTED [UNANIMOUS] Page 69 November 21,2006 Town of Southold Board Meeting Minutes MOVER: Louisa P. Evans, Justice SECONDER: Daniel C. Ross, Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. 2. Statement TOWN ATTORNEY FINNEGAN: I just have one that I wanted to request that you amend. COUNCILMAN WICKHAM: 893 is a proposed amended resolution, reading as follows: Resolved that the Town Board of the Town of Southold wishes to renovate and make improvements to the Southold Town Recreation Center at 970 Peconic Lane and Resolved by the Town Board of the Town of Southold that this action is classified as a Type II action pursuant to SEQRA and is not subject to review under SEQRA. And that is all that this resolution is saying. 3. Set November 21, 2006 At 5:00 P.M., SouthoId Town Hall, Southold As the Time and Place for a Public Hearing on a Local Law In Relation to Size, Height & Setbacks for Accessory Buildings COMMENTS - Current Meeting: COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of South old, Suffolk County, New York, on the 3rd day of October 2006 a Local Law entitled "A Local Law in relation to the Size, Heieht and Setbacks for Accessorv Buildines" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 21't dav of November 2006 at 5:00 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed local law entitled, "A Local Law in relation to the Size. Heieht and Setbacks for Accessorv Buildines" reads as follows: LOCAL LAW NO. 2006 A Local Law entitled "A Local Law in relation to the Size, Height and Setbacks for Accessory Buildings" BE IT ENACTED by the Town Board of the Town of South old, as follows: I. Purpose- The purpose of this Local Law is to establish clear standards governing the maximum building height, size and setbacks for accessory structures, in order to further preserve the character of single-family neighborhoods and reduce confusion among applicants and town officials. These changes will reduce the impact of accessory buildings on adjoining residences. These changes shall apply to the Low- Density Residential (R-40) zoning district, as well as the R-80, R-120, R-200, R-400 and Agricultural-Conservation (A-C) zoning districts. II. Chapter 280 of the Zoning Code of the Town of Southold is hereby amended as follows: ~ 280-4. Definitions. FLAT ROOF-Anv roof that has a pitch ofless than 4: 12. HEIGHT OF BUILDING, ACCESSORY STRUCTURES n The vertical distance measured from the average elevation of the existing natural grade adjacent to the building, before any alteration or fill, to the highest point of the reef for flat ana maRsara reofs ana to the meaR height between eaves aRa ridge for other tYfl6 roofs. to the lowest point of the eaves for flat and low- Page 70 November 21,2006 Town of Southold Board Meeting Minutes pitched roofs, and to the highest point of the ridge for sloping and other tvpe roofs. SLOPING ROOF-Anv roof that has a pitch equal to or greater than 4: 12. S 280-15. Accessory buildings. In the Agricultural-Conservation District and Low-Density Residential R-80, R-120, R-200 and R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear yard, subject to the following requirements: A. Such buildings shall not exceed eighteen (1 &) sixteen (16) feet in height for flat/shallow roof and shall be setback at the minimum required for a sloping roof. B. Buildings with a sloping roof shall be subiect to the following height and setback limitations: Lot size Maximum Height Minimum Setback (square feet) (feet) (feet) Less than 10,000 18 3 Less than 10 ,000 20 5 Less than 10,000 22 10 10,000- 19,999 18 5 10,000- 19,999 20 15 10,000- 19,999 22 20 20,000- 39,999 18 10 20.000- 39,999 20 15 20.000- 39,999 22 20 40.000 -59,999 22 15 60,000-79,999 22 20 80,000 and over 22 25 Setbaeks. [/.menses 7171990 by L.L. Ne. 14 1990; 25 1991 by L.L. Ne. 21991] (1) On lets eentaining all te twenty theasllfls (29,990) sqaare feet, saeh bailsings shall be set baele no less than three (3) feet frem aIlY let line. (2) On lets eentaining mere than twenty theasaIls (20,909) sqaare feet all ie thi~ nine tBeasans nine flllRareS ninety nine (39,999) sqaare feet, saeh bailaings shall be set Baelc ne less than five (5) feet frem any lot line. (3) On lets eentaining in eJ(eess efthirty nine theasaIla nine hanarea ninety nine (39,999) sqllare feet Ull te seventy nine ihellSllfla nine hansres ninety nine (79,999) sqllElfe feet, slleh Bllilsings shall Be set Baek ne less than ten (10) f-eet ITem any let line. (4) On lets eentaining in eJ(eess efseventy nine theasana nine hlffisres ninety nine (79,999) sqaare feet, saeh BlIilsings shall Be set Baek ne less than t.....enty (20) feet frem any let line. C. Such buildings shall not exceed 660 square feet on lots containing UP to 20,000 square feet, and shall not exceed 750 square feet on lots 20,000 square feet to 60,000 square feet. On lots over 60,000 square feet. no accessory building shall exceed five percent (5%) of the total lot size. III. Severability. Page 71 November 21, 2006 Town of Southold Board Meeting Minutes 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 effect 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 bylaw. I have a notice here that the public notice has appeared out on the Town Clerk's bulletin board. I don't have in the file the official notice that it has appeared in the Suffolk Times but I koow that it has. The Town Clerk has indicated that it has been published, although I don't have the actual authorization in front of me. And now, I have several communications from interested parties. The first is from McLean Associates, the engineer who has done the SEQRA on this. "As requested by the Town, our office has reviewed the proposed action to be taken by the Town. The proposed local law is classified as an unlisted type of project in accordance with Title XI, as such the action requires a determination of significance by the Town and a SEQRA review and see attached EAF." And indeed there is an attached, fully completed EAF in the file here. I have, dated November 21, a memo from the Planning Board and I will read that as follows. "The Planning Board is in receipt of the request for comments regarding this proposed local law. While we support legislation that ultimately limits the size, height and setbacks for accessory structures, we do not support the legislation as proposed for the following reasons: 1. The definition section of the zoning regulations does not extinguish between accessory buildings and accessory structures, therefore, it is unclear that the proposed changes affect only buildings or both buildings and structures, particularly as it relates to setbacks and maximum size. After speaking with the Building Department, it is likely that an interpretation will be made that will include buildings and structures. 2. The 5 percent limitation on the size of accessory buildings on lots over 60,000 square feet appears to be excessive. Based on this limit, a 60,000 square foot parcel could be improved with a 3,000 square foot accessory building. On the other hand, if this limitation is interpreted to include accessory buildings and structures, the 5 percent maximum may be too restrictive, when including swimming pools, tennis courts and other structures that are not considered buildings. 3. It is unclear whether or not the existing section 280-15C of the Town code, which deals with accessory buildings and structures on waterfront parcels, is being removed entirely from the code. We recommend that the provisions for waterfront parcels remain in the code. 4. The Planning Board is concerned with the implications that agricultural structures may have on this legislation. For example, a vacant five acre parcel of land receives a building permit for a principal agricultural structure of 5,000 square feet; two years later, a new building permit may be issued for a single family residence. Will the agricultural structure become accessory to the residence? And if so, will that potentially make the accessory structure non-conforming? The Planning Board requests that prior to moving forward with this legislation, the Board consider these comments." And I don't believe there are any more substantive comments. There is something from the Planning Commission of Suffolk County, "Pursuant to the requirements of the Suffolk County Administrative code, this application which has been submitted to our commission is considered to be a matter for local determination as there is no apparent county-wide or inter-community impact." I think that is all the substantive Page 72 - ----- November 21,2006 Town of South old Board Meeting Minutes comments. SUPERVISOR RUSSELL: Would anybody like to come before the Town Board and address this particular local law as proposed? Mr. Nickles? JOHN NICKLES, JR.: John Nickles, Junior, Southold. I don't understand where some of these restrictions came from. Looking at placing the square foot restriction essentially kind of puts somebody in the box from having maybe a little less than a two car garage up to a two and a half car garage. And that seems to be okay for any size lot below 10,000 square feet and all the way up to an acre and a half. I think that is too arbitrary and restrictive. The code is based upon a percentage of lot coverage when we are talking about principal dwellings, I believe that that (inaudible) accessory buildings as well. I think that some of the previous notes on this had this Board looking in that direction and for some reason maybe this was abandoned, I am not sure why. But the Town Board could certainly figure out what percentage might be appropriate. Maybe it is going to two percent or three percent of lot, of lot square footage and having at least a minimal requirement that somebody could at least fit a one car detached garage as an accessory structure. (Inaudible) I think it would be easier. As far as building height goes, I think there should be an architectural consideration in there that no accessory building should be higher than the principal building. So if you have a ranch and the ranch happens to be 16 feet high, then I think it is certainly lawful and appropriate to say that the accessory dwelling shall not be as tall as the ranch house. And yet you have other properties where you have larger houses and you might have a 28 foot high house. It might be appropriate to have a 20 foot or a 22 foot high accessory structure. So I think that as far as building height goes, it ought to be related to the percentage of the principal dwellings height and I think that that would be fair and easy to interpret for everybody. I am thinking something like 80 percent of the height of the principal dwelling, might be a good suggestion. On the setbacks, one of the things that is left out of this code, I think, if you are really trying to make it better for the neighbors that might have the accessory building going up in their side yard or their rear yard, I think that what is important is where is the location of that going to be? So if you have two pieces of property and one person has their house up on the front and another person has their house back in the middle and the property owner who has their home closest to the street decides they want to put an accessory detached two car garage in the back, according to this law, you can still build that thing three feet from the side yard, which might actually be right next to that house. So I think there should be a standard in here that says that in that case the minimum setback would have to be your principal dwelling setback, otherwise, then I think it would be appropriate to set three foot, five foot setback, I think is not hurting anybody because it is not going to be right immediately in somebody's side yard where they are looking at somebody's garage, whether they like it or not. I think that that is inappropriate. So if the proposal falls short on that, I think that that should be looked at. As far as the farm properties go, I think there are many properties out there that have a one acre parcel or a three-quarter acre parcel or an acre and a quarter and that is where the primary homestead is and there might be a number of farms on the property and it is used to serve this larger property that they own which are purely farming, so I think you have to look at that and say well, if the requirement is that you are not going to be able to build more than 750 square foot accessory building unless you have over an acre, acre and a half of land, you might be impeding the growth of agricultural operations out here. Because a lot of times they are Page 73 November 21, 2006 Town of Southold Board Meeting Minutes operating (inaudible) After these comments, I think if you can make things based upon a percentage of standards that are already operating out of the code book, they will be easier to interpret and easier to enforce. SUPERVISOR RUSSELL: Okay, thank you. Mr. Strang? GARRETT STRANG: Good evening, Garret Strang, architect. Southold. I have just had brief occasion to have, to bring myself to speed on this particular proposed legislation and I have got some questions, I haven't totally formulated my thoughts on it yet. I would like to share what I have together at this point with the Board. Having heard the correspondence that was submitted from the Planning Board, I think they are right on track with their thoughts. I think Mr. Nickles, I think he had some great ideas. I koow similar legislation came up at public hearing several years ago, there were some comments that were made at that time, there were some comments I made at that time, many of which I still believe. Some of them are new, some of them I would like to reiterate if I may take a moment of your time. SUPERVISOR RUSSELL: Absolutely. MR. STRANG: I have a question to begin with. What exactly is the primary reason behind this code change? There has been some concurrence that it has to do with (inaudible) with accessory structures, I hope that is not the case. SUPERVISOR RUSSELL: I have raised that issue. The reality is, is that if you are talking about the illegal or non-sanctioned use of these accessory structures, this law doesn't even begin to address that, because no matter what the size or shape of the structure, it is not where the building, how high it is or where it is on the property; it is the gumption of the owner that governs that. MR. STRANG: That is true. And that is not a zoning issue as much as an enforcement issue. SUPERVISOR RUSSELL: Enforcement and clear, specified language in the code. MR. STRANG: I don't think zoning can address that. I think it is enforcement or existing zoning that should address that. SUPERVISOR RUSSELL: Probably both. COUNCILMAN ROSS: But on the other hand, it has been the case where there have been accessory structures that have been, really, the same size as the principal structures and are of greater size than you would think an accessory structure should be. And this is trying to get a grip on that and while the use issue is out there, that is not the purpose here. The purpose here is to control, limit and to put some rationality behind the size of the accessory structure. And your comments at the last hearing were critical and we tried to incorporate them, in fact. It was a blueprint, of sorts. MR. STRANG: I admire the fact that this issue is being addressed, I think it is timely one, that Page 74 November 21, 2006 Town of Southold Board Meeting Minutes needs to be addressed and generally (inaudible) but I do see certain things that need to be (inaudible) SUPERVISOR RUSSELL: Right. MR. STRANG: Let me move into some of the (inaudible). Roof pitches, I mentioned that I believe the last time and I will bring it up again today, I believe a low or flat pitched roof should be defined as one that is less than a 2 on 12 pitch. I believe a 4 on 12 pitch roof is a traditional pitch for a single story, if you will, cottage or ranch type home. I believe a low pitched roof is more traditionally considered and in a field, anything under a 2 on 12 or 2 on 12 or under. With that being said, if you were to have a home or not a home but an accessory building that was based, and this is in conjunction with another point, I will bring that point up also, you are measuring the height of a flat or low pitched roof structure or building, I should say, to the lowest point of the eave. It really should be measured to the highest point of the eave. Because if you had a, two structures both or two buildings both the width of a two car garage, let's say 24 feet, and you have a 3.9 pitch. If you ran it up from low end to high end, that building would be taller and more massive than what you are permitting (inaudible) sloped pitch roof. I think there are some issues that really need to be looked into more. SUPERVISOR RUSSELL: Okay. MR. STRANG: Some thoughts I had with respect to building height versus setback. Mr. Wickham indicated there is a sliding scale, I don't koow if he means by that the chart that has been presented in this... COUNCILMAN WICKHAM: Yes. MR. STRANG: Or, I think that needs to go a step further in that this should be and it has made it easier for everyone to understand and for the Building Department to enforce, that there be a straight line interpolation between those points. For example, and I will just take one of the line items out of there, it mentions that if you had an 18 foot high building in a certain lot size, you have 10 foot back from the property line, if that building were 20 foot high, it would need to be 15 foot back. I am proposing that you may want to consider the interpolation between those two, that for every inch the building grows, another two and a half inches it has to move away from the sideline. If you don't do that, you are going to have basically a 19 foot 11 inch tall building ten feet from the property line and that is going to meet the code. And I don't think that is what you are trying to accomplish so, something to think about. Another thought, there is no addressing anywhere in here with respect to if building a dormer is going to be permitted on an accessory building or not. I think that has to be addressed because you could have dormers in a building and it will still meet the codes and they may be fine or they may be obtrusive, depending on the situation. The other point that I would like to bring up is with respect to, I guess, section C. I believe in all fairness to everyone who is a property owner, that the accessory building size should be as similar to what Mr. Nickles proposed, should be proportionate to, in my opinion, not the lot area itself but proportionate by a percentage of the lot or the rear yard area that is where the accessory structure is going to go. So for example, you had a 20,000 Page 75 November 21, 2006 Town of Southold Board Meeting Minutes square foot lot and the house was placed on the lot and allowed for there to be 5,000 square foot in the rear yard; if you were to say, well, you can have 12 % of that rear yard area for accessory structures (inaudible) a 600 square foot structure which would accommodate a two car garage. Obviously, is that the rear yard reduces an area the size of an accessory structure reduces so if someone were to opt to move their home further back on the property when they build it, thereby reducing the amount of square footage in the rear yard, the accessory building would be proportionately smaller, especially in relationship to the two structures next to each other. I think it is also easier, again, for the Building Department to make an assessment as to whether it is conforming or non-conforming. It is just a basic percentage of a fixed, square foot area. Aside from the fact that the point that the Planning Board brought up that there was nothing addressing these types of accessory structures on waterfront parcels, that is the only other point that I would have wanted to make. I can save that, I guess, for the next time. SUPERVISOR RUSSELL: Thank you. MR. STRANG: Thank you for your time. SUPERVISOR RUSSELL: Thank you, Garrett. Thanks for the suggestions. Would anybody else like to address the Town Board on this issue? This public hearing? Mrs. Oliva. RUTH OLIVA: Ruth Oliva, from the ZBA. I think we look at it from a little different perspective than Mr. Strang and Mr. Nickles. (Inaudible) primarily to smaller lots, I often see that and think there is more work that should be done on the larger lots, on the agricultural lots. Smaller lots that do have a definite size and setback (inaudible) 18 foot height and it is setback five feet instead three feet from the property line, it gives a better street appearance. That is the whole beauty. And we have an awful lot of those, you see so many of them. And people have small houses, they don't have the room to expand so they want to put another floor on their garage and that presents a problem, because is it going to be just for their use? Or is it going to be for somebody else? And I koow you don't want to hear use but that is what we see all the time. And that, so it refines and just having a 1 floor or 22 foot or 18 foot, with a full downstairs, kind of limit that. I don't want to say they can't do it, people can do whatever they want. And it is a matter of enforcement. I think also you have to look at the neighbors. We have so many people come in, that somebody is putting up an accessory structure next to them, three foot on the property line and they are not too far off because (inaudible) well, how do we koow? And here they are going to sit here and look at this great big tall wall and the air space, and the feeling of comfort, it is just not there. So that is why we would like to see something done with this, especially with the small lots. I will say that you do have to look at that. And just as another (inaudible) the accessory apartments law was passed over 10 years ago. No one can build an accessory apartment in their house unless their house was built in 1984, as you koow. I think it is time to update that, to perhaps 1990 or maybe even 1994. I would like the Board to think about that. Thank you for your attention. SUPERVISOR RUSSELL: Thank you very much. Mr. Nickles. MR. NICKLES, JR.: As I have been looking over this, 1 have been making the assumption that Page 76 November 21, 2006 Town of Southold Board Meeting Minutes the square foot restriction was with regard to footprint. . . COUNCILMAN WICKHAM: Regard to what? SUPERVISOR RUSSELL: Footprint? The square footage? Yeah, the lot coverage. Yeah. MR. NICKLES, JR.: I didn't see that word used anywhere in the law. SUPERVISOR RUSSELL: The lot coverage. MR. NICKLES, JR.: Does it say lot coverage? SUPERVISOR RUSSELL: Yeah, I thought so. Lot area. MR. NICKLES, JR.: That is just something I missed. SUPERVISOR RUSSELL: Yeah. MR. NICKLES, JR.: That is not clear, then it might be some interpretation somewhere. SUPERVISOR RUSSELL: Yeah, I actually personally think that it is a legitimate goal for the Town to limit the size and the height of these structures. I am just not sure if this was the most artful way of doing it, so that is why and as the Planning Board raised those concerns, I want to maybe take another look at this. MR. NICKLES, JR: I appreciate that, thanks. SUPERVISOR RUSSELL: Thanks. Anybody else? Mr. Wills. FRANK WILLS: Good evening, Frank Wills, Mattituck. My only concern is that the height depending on the new accessory is too great. I would urge the Board to cut them down, just as I consider a 35 foot (inaudible) is also too high because they are too visible. So even the area around 25, 30 in 600 square feet is a building, I mean, it is not a monster but it to me as accessory, it is excessive. Enough said. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board on this? (No response) COUNCILMAN KRUPSKI: Would you entertain a notion to table this hearing until we can review some of the comments? mSTICE EVANS: I think we should close the hearing and then review. SUPERVISOR RUSSELL: Yes, I would close the hearing because we are closing the hearing on the specific language and we can always have a new hearing, if it changes. Page 77 November 21,2006 Town of Southold Board Meeting Minutes COUNCILMAN WICKHAM: I would like to close the hearing and I would like to hold another meeting or two of the Code Committee and I would like people who have questions about this and Planning Board people to attend that meeting and I would like to tweak it further. I sense from the people who spoke, broad support for what we are trying to do but technical questions about some fine tuning. And that is all helpful and legitimate and I hope we can schedule a meeting, not this week but the following week. And I would be grateful to meet people in the hall afterwards to try to find a time that can work for people. RESULT: CLOSED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: William P. Edwards, Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. 4. Set November 21, 2006, 5:05 Pm, At South old Town Hall, As the Time and Place for a Public Hearing on a Local Law Entitled," a Local Law In Relation to Amendments to Penalties In the Southold Town Code". COMMENTS - Current Meeting: COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN there has been presented to the Town Board of the Town of South old, Suffolk County, New York, on the 17th day of October 2006, a Local Law entitled," A Local Law in relation to Amendments to Penalties in the South old Town Code" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of South old will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 21st day of November, 2006 at 5:05p.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 Penalties in the Southold Town Code" reads as follows: LOCAL LAW NO. 15 of 2006 A Local Law entitled, "A Local Law in relation to Amendments to Penalties in the SouthoId Town Code". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. PURPOSE The Town Board has reviewed the penalties associated with violations of the Southold Town Code and determined that insofar as the amounts of the fines have not been updated in at least ten years, they do not reflect a fair and appropriate assessment against those convicted of offenses and crimes under the Town Code. Therefore, the Town Board believes it necessary to increase the amounts of the fines to discourage potential violators from un-permitted and/or illegal activity and as a punitive response where warranted. II. CHAPTERS 144, 135, 233, 264, 228 and 100 are hereby amended as follows: Fire Prevention and Building Construction S 144-20 Compliance required; penalties for offenses. A. It shall be unlawful for any person, firm or corporation to construct, alter, repair, move, remove, demolish, equip, use or occupy or maintain any building or structure or portion thereof in violation of any provisions of this chapter, or to fail in any manner to comply with a notice, directive, or order of the Building Inspector, or to construct, alter or use and occupy any Page 78 ---------- ----- ------- November 21, 2006 Town of South old Board Meeting Minutes building or structure or part thereof in a manner not permitted by an approved building permit or certificate of occupancy. B. For each offense against any provisions of the Uniform Code, Enerev 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 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 eJlceediag five llllasres to exceed five thousand dollars ($W().) ($5,000.)or imprisonment for a period not to exceed fifteen (IS) days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense. For a second and subsequent conviction within eighteea (18) thirty-six (36) months thereafter, such person shall be guilty of a violation punishable by a fine not elweediag oae t!!OIlS/HlS five rnlfldred to exceed ten thousand dollars ($1500.) ($10,000) or imprisonment for a period not to exceed fifteen (IS) days, or both such fine and imprisonment. Farm Stands 9135-6. Penalties for offenses. Any violation of this chapter shall be grounds for revocation of the farm stand permit. Furthermore, any violator of this chapter shall, upon conviction, be guilty of a violatioa!!!. offense punishable by a fine not eliceediag to exceed one thousand dollars ($1.000.) $500. or imprisonment for a period not to exceed fifteen 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 eil!hteen 18 months thereafter, such person shall be guilty of a violatioa!!!. offense punishable by a fine not e)[ceediag $1,500 to exceed five thousand dollars($5,000.) or imprisonment for a period not to exceed fifteen 15 days or both such fine and imprisonment. Solid Waste 9233-6. Penalties for offenses. A. Illegal dumping. Any person committing an offense of illegal dumping under this chapter shall, upon conviction thereof, be guilty of a violation punishable as follows: (I) For a first offense: (a) A fine not less than $1,000. and not more than $~ $5.000.; (b) Imprisonment for a term not exceediag to exceed 15 M-days.; or (c) Community service of.fu.!tt.( 40) hours, to be performed within 3{) da)'s oft!!e date of sellteaciag the Town of SouthoId. (2) For a second offense: (a) A fine of not less than $~$5,000. and not more than $~$10,000.; (b) Imprisonment for a term not exceediag to exceed thirty 30 days; or (c) Community service of one hundred twenty (120) hours, to be performed within 90 days oft!!e date of seateaciag the Town of SouthoId. Vehicles, Motor-Driven 9264-20 Penalties for offenses; restitution. A. Any person, firm or corporation violating or permitting the violation of any Page 79 November 21,2006 Town of South old Board Meeting Minutes provision of this chapter shall be guilty ofa violation and shall be subject to a fine of not less than $50. nor more than $~$500. or to imprisonment of nat more tflaH not to exceed fifteen (IS) days, or both such fine and imprisonment. Baeh day's eoHtin\!ee yislatisn shall eonstiMe a seJ'l!lfate effense. In the ease sf a see one or s\!bseE\\!ent yielation, the eO\!r( may order eonfiseation of said vehiele or eenveyanee in lie\! sf any fine aHdlor imJ'lrisollffleHt. Anv second or subsequent conviction of such person, firm or corporation shall be subiect to a fine not less than two hundred fifty ($250.) dollars nor more than seven hundred fiftv($750.) dollars and the vehicle or convevance shall be subiect to confiscation pursuant to &264-19. Any vehicle or conveyance which is confiscated pursuant to this section and stored bv the Town in excess ofthirtv (30) davs may, upon conviction under this chapter, will-be sold at public auction according to the appropriate procedures and laws affecting public auctions by municipalities. Soil Removal ~228-13 Penalties for offenses. Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be guilty of a violation punishable by a fine not e)[eeeding two hllHdred ~to exceed two thousand five hundred dollars (~) ($2,500.) or by imprisonment for a term not e)(eeeding to exceed fifteen (15) days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is committed, a separate and distinet additional offense hereunder. Buildings, Unsafe ~ 1 00-1 0 Penalties for offenses. A. Any person who neglects, refuses or fails to comply with any order or notice issued hereunder shall be guilty of an offense a violation punishable by a fine not to exceed twe hmiared fifty five thousand dollars ($~($5,000.) or by imprisonment for a term not to exceed fifteen (15) days, or both such fine and imprisonment. Each week's continued violation shall constitute a separate and additional offense or vielatien. B. Nothing in this ehllJ3ter shall be eonstrued as deJ'lriving the tOVffl ef any other a'/ailable remedy relevant to a violation of this ehllJ3ter. B. In addition to the criminal violation, the Town Attornev is authorized to pursue any and all actions in law or equity, includinl! but not limited to actions for compensatorv damal!es, civil penalties, or iniunctive relief. C. Strict Liabilitv. Personal knowledl!e of the existence of a violation under this chapter is not required, no mens rea (intent) is required, and any violation charl!ed herein shall be one of strict liabilitv. 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 ofthis 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. This has gone to the Planning Board, the Planning Board responded in a memo dated November Page 80 November 21, 2006 Town of Southold Board Meeting Minutes 20th. 'The Planning Board is in receipt of the request for comments regarding the above referenced local law amendment. We have reviewed the legislation and recommend its approval.' I have another reference here that it has appeared on the Town Clerk's bulletin board and the Town Clerk assures me that it has appeared as a legal in the Suffolk Times newspaper. From the Suffolk County Planning Commission, there should be a comment if I can find it here but maybe I can't, yes, 'Pursuant to the Suffolk County administrative code, this application is not within the jurisdiction of the Suffolk County Planning Commission.' And those are all the comments we have in here. SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on this public hearing? Mrs. Egan? JOAN EGAN: Joan Egan, East Marion. What do you mean by penalties? SUPERVISOR RUSSELL: That would be penalties, fines for the legal.. MS. EGAN: So it is monetary? SUPERVISOR RUSSELL: Yes. MS. EGAN: Yeah. Your whole problem with 75 percent of these public hearings is the enforcement. SUPERVISOR RUSSELL: That is what this is designed to start to address in that... MS. EGAN: We definitely need another code enforcer. SUPERVISOR RUSSELL: I agree. MS. EGAN: There is no question, I don't koow how long Mr. Forrester is going to stay with the Town of Southold but certainly, certainly we need another code enforcer here and I think Mrs. Moore quite some time, the last fall, reviewed the problems, even getting the Building Department and this Department and that Department to even get started once you are going to do some new building or something, it is a problem. It is a problem but the real problem that I see in this one is code enforcer. SUPERVISOR RUSSELL: Yeah, we do, I agree with you. We need more code enforcement. Mr. Forrester, I have been putting a huge focus on code enforcement, we have regular meetings, coordinated meetings with all Boards. I think we are moving in the right direction, we are improving every day. One of the failings is, is that having to make sure that we have the code language that is meaningful. We have been violating people, code violators and at the end of the day, when they come in and the cases are adjudicated, the fines are so low that there is no discouragement to violate the code. So, I mean, it is a multi-pronged approach and there is no one silver bullet that is going to automatically lead this community to code compliance but it is a several step process and we are getting there everyday. Page 81 November 21, 2006 Town of Southold Board Meeting Minutes MS. EGAN: How about my being appointed as a code enforcer at no salary? SUPERVISOR RUSSELL: You already are. It is just that I am not paying you. MS. EGAN: Oh, I am doing a good job. SUPERVISOR RUSSELL: I koow you are. MS. EGAN: And they, as I said, they get a warning and then they get a $25 and then they it is right up to $1,000 so... SUPERVISOR RUSSELL: Now we have violations that will go to $5,000 and $10,000. MS. EGAN: Good. I will catch them all. I saw that Mr. Krupski over there, he got to his people to get the soil enclosed. Right, dear? I called that one right away. COUNCILMAN KRUPSKI: Yes. Yes. MS. EGAN: Good. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on this initiative? (No response) Hearing none, let's close the hearing. RESULT: CLOSED [UNANIMOUS) MOVER: Louisa P. Evans, Justice SECONDER: Daniel C. Ross, Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. 5. Statement COUNCILMAN WICKHAM: Scott, the next one is one that we were talking about holding the hearing. SUPERVISOR RUSSELL: I will just clarify. This was another element of a code enforcement issue and this is to require or to give the Town code teeth for ZBA decision compliance and site plan compliance. The problem with this particular law is it has been reviewed by the Planning Board and others and it is actually probably although it may be a good effort, it needs a lot of fine tuning. So we were going to table this, so if you were here to address this, it is just to let you koow, we plan on tabling it, not acting on it. It will be substantially revised with input from the ZBA and the Planning Boards, the very two Boards we are trying to help with compliance. But clearly, it needs much more of their input before we are ready to act on anything. COUNCILMAN WICKHAM: So in view of that, we will not hold this public hearing. SUPERVISOR RUSSELL: No, we are going to table that. Page 82 --------- ----- --------- ---- ------------- November 21, 2006 Town of Southold Board Meeting Minutes 6. Set November 21, 2006, 5:10 Pm, South old Town Hall As the Time and Place for a Public Hearing on a Local Law Entitled, "A Local Law In Relation to Compliance with Site Plan and Conditions Imposed by the Planning Board And/Or Zoning Board of Appeals In Section 280 of the Southold Town Code" RESULT: CLOSED [UNANIMOUS] MOVER: William P. Edwards, Councilman SECONDER: Thomas H. Wickham, Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. 7. Set November 21, 2006, 5:15 P.M., SouthoId Town Hall, South old, As the Time and Place for a Public Hearing on Increasing the FIFO Bond COMMENTS - Current Meeting: COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that the Town Board ofthe Town of Southold, in the County of Suffolk, State of New York, will meet at the Town Hall, 53095 Main Road, Southold, New York, at 5:15 o'clock P.M. (Prevailing Time), on November 21, 2006, for the purpose of conducting a public hearing to consider the proposed increase in the estimated maximum cost of the construction of the new and expanded ferry terminal for the Fishers Island Ferry District, in New London Connecticut. It is proposed that the estimated maximum cost of such project be increased from the revised estimated maximum cost of $10,500,000 to the new revised estimated maximum cost of $11,025,000. The increase in the estimated maximum cost of the project is expected to be financed by grants from the United States and the State of New York and such other sources as may be available therefore, including current funds of the Ferry District; no obligations of the Town will be issued therefor. At said public hearing, the Town Board will hear all persons interested in said subject matter thereof concerning the same. FURTHER NOTICE IS HERE BY GIVEN that the Board of Ferry Commissioners will meet on November 18th at 10:00 o'clock A.M. at the Fishers Island School Building for the purpose of holding an informational public hearing to consider the proposed increase in the estimated maximum cost of said new and expanded ferry terminal, as described above. At said hearing the Board of Ferry Commissioners will hear all persons interested in said matter thereof concerning the same. I guess that informational meeting was held. I have various petitions and notifications that things have been done in good order. It has appeared on the Town Clerk's bulletin board as a notice, it has appeared in the local newspaper as a legal and minutes of the meeting of the Board of Ferry Commissioners where they have proposed this. TOWN ATTORNEY FINNEGAN: These are the minutes from the informational meeting that was held at the school. COUNCILMAN WICKHAM: These are the minutes from the informational meeting and maybe it would be good to summarize them because they are basically input from Fishers Island on this Page 83 ----------- ---------- -- November 21,2006 Town of Southold Board Meeting Minutes proposal. JUSTICE EVANS: I would like to have, you can summarize them but to have the minutes incorporated into the body of the meeting. COUNCILMAN WICKHAM: The meeting was opened, noting that a quorum was there. The Chairman rendered a summation of the appropriations from the New London terminal project and explained the purpose of all of this. Different Commissioners made different comments about it. It is all in the file. It is all in the file. It seems to me that there is nothing very earthshaking in this. Did you attend this meeting? JUSTICE EVANS: Yes, I did. COUNCILMAN WICKHAM: Do you want to characterize it? JUSTICE EVANS: I can characterize it by saying that it is money that has already been spent, so this is really just a move to increase the spending amount, not the amount of the bond. The bond stayed where it is because the project went over the cost that they expected, partially because they seemed to be unaware that some initial costs that they laid out before they actually started construction work where included in the overall costs. So I think people aren't particularly happy that the project cost so much but they also recognized the fact that it is a Fishers Island obligation to pay for this project. SUPERVISOR RUSSELL: Just as a point of clarification, this is Fishers Island Ferry District so the people on this side are held harmless from these increased costs because it is a function of ferry district through I guess, taxes and through fees to collect this debt. Minutes from the Fishers Island Public Informational Hearing held Saturday, November 18,2006 at the Fishers Island School, Fishers Island New York. B. BRYANT: Noticed that the entire additional amount of the $525,000 is in the Additional Costs line of the budget. What happened to the guaranteed maximum price promised by the Downes Company at the beginning of the project? C. DUPONT: The GMP from the Downes Company is located in the Hard Costs line of the budget. The actual cost of construction was guaranteed and indeed came in on budget. Extended pre-permit engineering and a lengthy workload of the NICET inspector to complete his inspections and submit his paperwork to the CTDOT in order for our grant monies to be approved has caused the increase in costs. B. BRYANT: Is that the NYDOT or the CTDOT? C. DUPONT: That is the CTDOT. Although the grants are federal, because the project is located in Connecticut, the CTDOT is in charge of distributing our grants. The NICET inspector is responsible for submitting the necessary paperwork to the CTDOT in order for us to receive our final grant payments. Because we are at the end of the project, a lot of the change orders Page 84 - ----.--- November 21, 2006 Town of Southold Board Meeting Minutes have accumulated to the final stages. These change orders are now being tallied up and must be approved by the inspector. When the Board initially set the $10.5 million budget it was not expected that the NICET inspector would continue on as long as he has, however, it is a process that we must complete in order to receive funding. B. BRYANT: What about the $350,000 contingency fund? What happened to that? C. DUPONT: It has already been used up in finishing the project which is now substantially completed. Pleas remember that just because we are raising the appropriations to $11,025,000 that doesn't mean that we will spend that amount. B. BRYANT: How much do you currently owe on the project? C. DUPONT: The balance due for the project is $289,000 of which $231,000 is reimbursable to the District. There is also an outstanding invoice for $59,000 which is due to the NICET inspector, who has not been paid for the last four months and won't be paid until this appropriation request is granted. I guess that makes the total owed somewhere around $120,000. K. EDWARDS: Will the District need to apply for additional grants? C. DUPONT: There is no need to apply for any additional grants or additional bonding. K. EDWARDS: Can the additional monies be spent for anything besides the project, such as fines or anything else. C. DUPONT: No, this appropriation is for the New London Terminal project only. B. BRYANT: Do you have additional grants available? P. GILES: No, there may be additional grants out there, but none that we can tap. As a result of 9/11, we also have our Homeland Security Grant that we are waiting to receive. K. EDWARDS: How much is the Homeland Security grant? T. DOHERTY: We had initially filed for $350,000, however, at projects end we were approved for $265,000. We expect to receive the payment by the end of the year; the final paperwork was just submitted last month. H. V AN OOSTEN: Is this appropriations estimate higher than the bills expected? C. DUPONT: Yes, we certainly hope so, although we thought that in our past appropriations. H. VAN OOSTEN: How much more do you plan on spending on the project? C. DUPONT: Hopefully about $130,000. Depending on the final tally for the NICET inspector. Page 85 November 21,2006 Town of Southold Board Meeting Minutes G. ESSER: The NICET inspector is primarily just for paperwork. The CTDOT relies on the NICET inspector to provide the necessary information regarding the project and it seems just to go on and on and on. Obviously, the NICET inspector must be continually paid in order to bring the project to conclusion. R. PARSONS: How many bonds do you have outstanding? C. DUPONT: We currently have two bonds, one long term for $3 million and a short term BAN for approximately $1.4 million. B. BRYANT: Does the District have any other bond service other than the New London project? P. GILES: That is correct; we do not have any other debt service. We may have post- construction debt but nothing as of now. B. BRYANT: Does that mean you expect future debt? G. ESSER: We don not plan on any future extended debt. B. BRYANT: So this is really a 'check writing bump' as opposed to a debt problem? P. GILES: Yes, there must be a limit on spending for the project, it doesn't mean that we will spend the entire $11,025,000 but we must establish an upper limit. K. EDWARDS: Is the building completed? I understand that there are some leaks. C. DUPONT: The building is completed but leaks have not been corrected. We have water coming through the louvers on a very windy day. The problem is being addressed. K. EDWARDS: When the building is completed, will there be an open house? I would love to walk through the building. I've been in there, however, I couldn't get to the second or third floors and I would love to see them. C. DUPONT: Well, there isn't much to see on the third floor, but we hope to be having an open house once the few remaining problems are resolved. Any further questions? Hearing none, I will close the meeting and proceed with a vote. The following resolution was moved by Chairman duPont and seconded by Commissioner Esser: The Board of Commissioners hereby request the limit of appropriations for the New London Terminal project be raised from $10,500,000 to $11, 025,000. Ayes: Commissioners Burnham, duPont, Esser and Giles. Page 86 ---- November 21, 2006 Town of Southold Board Meeting Minutes Nays: None SUPERVISOR RUSSELL: Is there any public comment on this? (No response) Can I get a motion to close the hearing? RESULT: CLOSED [UNANIMOUS] MOVER: Daniel C. Ross, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. 8. Set Tuesday, November 21, 2006, At 5:05 P.M., SouthoId Town Hall, 53095 Main Road, SouthoId, New York As the Time and Place for a Public Hearing for the Purchase of Open Space Fee Title on Property Owned by William R. Blackham and Eileen G. Blackham, As Trustees Under the Blackham Family Living Trust COMMENTS - Current Meeting: COUNCILMAN WICKHAM: RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code, the Town Board ofthe Town of South old hereby sets Tuesdav, November 21. 2006. at 5:20 p.m.. SouthoId Town Hall. 53095 Main Road. Southold, New York as the time and place for a public hearinl! for the purchase of open space fee title on property owned bv William R. Blackham and Eileen G. Blackham. as Trustees under the Blackham Familv Livinl! Trust. Said property is identified as SCTM #1000-74-1-3. The address is 2630 Henry's Lane, Peconic, New York, and is located on the northerly side of Henry's Lane approximately 955 feet from the intersection of Sound view Avenue and Henry's Lane in Peconic in the R-40 zoning district. The proposed acquisition is for fee title and is approximately 0.48 acre (subject to survey). The property has been offered for sale to the Town of Southold as open space. The purchase price is $5,000.00 (five thousand dollars). The property will be acquired using Community Preservation Funds. The seller may claim a bargain sale. The property is listed on the Community Preservation Plan Project list of properties that should be preserved due to significant wetlands and natural wooded areas. The purchase of the acquisition is for the preservation of open space. The property is adjacent to land currently owned by the Town of Southold. The purpose ofthe acquisition is to allow the property to remain in its undisturbed present state. As per Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5, the Land Preservation Coordinator and the Town Board have reviewed the acquisition and have determined that sanitary flow credits will not be transferred from this property. FURTHER NOTICE is hereby given that a more detailed description ofthe above mentioned parcel ofland is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. It has appeared as a legal in the Suffolk Times newspaper, it has appeared outside on the Town Clerk's bulletin board and I have a short environmental assessment form for unlisted action which is all filled out. And I turn it over to Councilman Krupski. Page 87 November 21,2006 Town of Southold Board Meeting Minutes COUNCILMAN KRUPSKI: As the Town Board liaison for the Land Preservation Commission, I am just kind of pinch hitting for Melissa Spiro (inaudible) and Councilman Wickham said it is a half acre parcel, located on Henry's Lane. I am familiar with the site; it is part of the drainage of the whole area. It is adjacent to town owned open space. I encourage the Board to acquire it for that price. (Inaudible) available to the Town because (inaudible) It is wetland habitat, part of a large system that drains to the west, all the way to (inaudible) eventually into (inaudible). SUPERVISOR RUSSELL: Would anybody like to address the Town Board on all the issues outlined by our lovely assistant? (No response) Hearing none, can I get a motion to close? RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Daniel C. Ross, Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. 9. Statement SUPERVISOR RUSSELL: Okay, that concludes the meeting. Would anybody like to come up and address the Town Board on any issue? Mrs. Egan. MS. EGAN: Joan Egan. Will this tape be available to the Town to the Data Processing tomorrow at 7? SUPERVISOR RUSSELL: I will certainly try. I can't say yes, I will certainly try. MS. EGAN: Also I didn't get the final input on when you changed the budget for the police department and reduced it, was that brought up to date? At the budget hearing? SUPERVISOR RUSSELL: The cuts that were made were sustained in the budget. MS. EGAN: The same as it was last time. What you had originally proposed and then these other people changed it. SUPERVISOR RUSSELL: Yeah. That was sustained. Those cuts stayed in place. MS. EGAN: They did? Shame, shame. Are you going to be stuffing the turkey tomorrow night or be available on the phone? SUPERVISOR RUSSELL: I will be available on the phone but you will have to call my cell phone because I am speaking at the men's Lions Club of Mattituck. MS. EGAN: I see. Well, I don't have your cell phone number. I had Joshie's for a while and that has changed. SUPERVISOR RUSSELL: I will make sure you get it before the end of the evening. MS. EGAN: Oh and also, which I had brought up before, the little deal that was made with the Page 88 November 21, 2006 Town of Southold Board Meeting Minutes Highway Department. You people think you are getting away and you are very smart and you are doing this and you are doing that but people are watching you very carefully and I don't think they are praying for you. I pray for some of you but not all of you. Bye bye. SUPERVISOR RUSSELL: Bye. Mr. Carlin? FRANK CARLIN: Frank Carlin, Laurel. Good evening ladies and gentlemen of the Board. You mentioned about the animal shelter (inaudible). SUPERVISOR RUSSELL: We had actually had been re-drafted, we reviewed that at a work session several weeks back. The architect and the engineer are now drafting the final design along with the bid specs so we can put it out to bid again. We are looking at early or mid later December date on that. MR. CARLIN: I thought the last meeting that I was here that you were ready to go out for bid (inaudible). SUPERVISOR RUSSELL: That was the contract, they had 60 days from the acceptance of the Town of the schematic. We accepted the schematic the first time that they brought it to us, which was a scaled down version. And then they had 60 days to redraft and do the design of the bid specs. I don't want to be delayed. I am bound by the contract. Believe me, I wish we had broken ground months ago. MR. CARLIN: (Inaudible) have to be over to Hampton Bays recreation department and I glanced over to my left and I seen a beautiful building over there and it said Southampton Animal Shelter. So I decided to walk over there and take a tour of the shelter. When I walked in, I said who I was and they said, fine, would you like to have a tour of the shelter? And I said fine. And I had a tour of the shelter and it was beautiful. Nice and clean, nice pens, no outside pens, nice shiny painted floors, beautiful. A lot of people walking around looking at the animals. And I said to myself how good it would be to have something like that in Southold Town. This is a disgrace that we are playing fool there, whatever you want to call it and we still haven't got an animal shelter after 20 years. And there is a town that has a beautiful shelter. Why do we hesitate and why do we lack the time to have something done here? Why do we take so long? If we would have went ahead in 2002 with the Raynor foundation plan which cost at that time a million and a quarter (inaudible) we would have had the thing done by now. But instead you decided to go to (inaudible) take four more years. Awful, awful. This Board has got to do more than that. (Inaudible) on the animal shelter. But on other issues. We are way behind on affordable housing. We are way behind on a lot ofthings. Updating the recreation center, which we finally got some money to do it, $200,000. But if you look at Riverhead, they have got a brand new one on Hubbard Avenue. Southampton has got a nice one. But Southold, somehow we can't do it. It takes so long to do things here. Awful. Even Greenport has some affordable housing. I have watched this Board, many Boards for many years here, almost 40 years. I have lived in Southold for 51. And we just can't seem to move. Sometimes we play politics, which I am beginning to see we are doing now. And it was obvious with your budget, how they were cutting your budget down. And I figured that one out for next time, year, when we are going to Page 89 November 21, 2006 Town of Southold Board Meeting Minutes vote. Now, let's be changed and go to the budget. You still are going to eliminate, or no, you have one police officer that is going to retire, are you going to replace him? SUPERVISOR RUSSELL: No. MR. CARLIN: No. I figured so. That will reduce some ofthe overtime, right? SUPERVISOR RUSSELL: That is what the Board... MR. CARLIN: What the Board, four people over here decided. Not you or Louisa Evans. Am I correct? SUPERVISOR RUSSELL: That is correct. MR. CARLIN: (Inaudible) The storage building in the landfill, I don't call it landfill. It shouldn't be called landfill, landfill was closed down two years ago. Garbage disposal, whatever you want to call it. You are not going to build that shed there either, right? SUPERVISOR RUSSELL: No. MR. CARLIN: Okay. Mr. Wickham says that if a police officer calls in sick, normally somebody would have to work overtime to fill that sector. You said, Mr. Wickham, that we can, at that time when he calls in, we can negotiate if we need a sector car. Did you say that? Something like that in the paper. COUNCILMAN WICKHAM: I wouldn't, I don't koow what the paper said. MR. CARLIN: I koow what the paper said. COUNCILMAN WICKHAM: I didn't say we could negotiate. MR. CARLIN: Not negotiate... COUNCILMAN WICKHAM: I said on certain shifts, when the likelihood of a security problem arising is low, I don't think that we necessarily have to fill everyone of those shifts, when a person bangs in sick. There is discretion by the police chief as to how many shifts we put out every night. We don't necessarily put out five or six or four, the chief and his captain, they make those decisions. What I was saying is, if a person bangs in sick, we don't necessarily have to fill the full range of all those shifts. MR. CARLIN: Mr. Wickham, you act like (inaudible) accepted taking over the Greenport police department and put us in a hole. It took us months and months to figure out because we took on a police department had nine officers and (inaudible) and we struggled and no police department, I don't care that it is Suffolk count or what, can say well, we will see if we need a sector car now. You need a sector car automatically in areas. Don't give me that line, Tom, please. I koow you. Page 90 - November 21,2006 Town of South old Board Meeting Minutes We don't want a police department like that here. We need sector cars in Greenport. You need a sector car in Greenport if somebody calls in sick or not. So don't say, well, we are going to see if we need one or not. I don't buy that. And it is not fair to the taxpayers. Because they are not getting right protection, because they don't have a sector car, especially in Greenport. COUNCILMAN ROSS: It's... MR. CARLIN: Don't give me that. COUNCILMAN ROSS: Mr. Carlin, we created another sector for Greenport and Orient. MR. CARLIN: You are another one. You are the same way. COUNCILMAN ROSS: And Mr. Carlin, we hired five police officers last year anticipating two retirements this year. There was one retirement. So in my book, we are still one ahead. We have hired eight police officers over the last three or four years. Five police officers, last year. MR. CARLIN: What it your total police force? COUNCILMAN ROSS: I don't koow what the numbers are. MR. CARLIN: You don't even koow what the total police force is. COUNCILMAN ROSS: I koow we hired five last year, anticipating two retirements. One retired. MR. CARLIN: Dan, Southold was always at its limit for police officers. Don't tell me. COUNCILMAN ROSS: And we are now. MR. CARLIN: I don't believe you got more no more than 44, I don't believe they had 45 or 44, they had that years back. But you can't, and also you are reducing the amount of police cars you are buying this year, right? Out of your budget, right? How many... COUNCILMAN ROSS: I believe we are paying for one, buying three new police cars. COUNCILMAN WICKHAM: Plus one more, right now. COUNCILMAN ROSS: Four, Mr. Carlin. Four new cars. MR. CARLIN: Yeah but you started with six, didn't you? COUNCILMAN ROSS: I didn't start with six, I started with two. MR. CARLIN: How did that happen? You started with two? Page 91 November 21,2006 Town of Southold Board Meeting Minutes COUNCILMAN ROSS: I thought maybe two would be a good number. We are up to four. MR. CARLIN: What I am saying is, when a policeman retires, replace him. COUNCILMAN ROSS: We did. MR. CARLIN: What do you mean, you did? COUNCILMAN ROSS: We hired five new police officers with the understanding that two were to retire this year. One retired. MR. CARLIN: When you hired those five, what did it bring you up to, the total then? What was your standard total? COUNCILMAN ROSS: And we, I believe we have hired eight over the last two or three years. And we added a sector. MR. CARLIN: What sector did you add? COUNCILMAN ROSS: In the last two or three years, we split the sectors in Greenport/Orient. We created another sector in the east. MR. CARLIN: So how many police officers do you have? COUNCILMAN ROSS: Mr. Carlin, I don't koow the exact number. But... SUPERVISOR RUSSELL: It is my understanding we didn't create that sector, it is just that rather than having a roving sector, we stationed them permanently in Greenport to provide double coverage there. So we didn't create a new sector, we just re-allocated the existing sectors that were already there. Because we had a sector in each geographic area and then we had one roving sector and that sector was moved into Greenport to give that double coverage, so, I am not sure we created a new sector. COUNCILMAN EDWARDS: But we added positions. MR. CARLIN: You have enough police officers, if somebody calls in sick you don't have to have somebody work overtime? SUPERVISOR RUSSELL: Well, if somebody calls in sick, an officer will be coming in to work and that would be garnering overtime. The problem is, is whether I have enough money in the budget next year to pay for overtime. MR. CARLIN: That is the problem. Page 92 November 21,2006 Town of Southold Board Meeting Minutes SUPERVISOR RUSSELL: And do I have enough? My estimate is, no, I do not. MR. CARLIN: You are not going to have enough. And you koow what? Scott, I will be honest with you. When next years election comes, you are going to have to (inaudible) your budget. And it is going to affect your election because you have got four guys here and I am going to put it to you straight, there's politics being used right now. I don't beat around the bush... COUNCILMAN ROSS: Are you listening to the taxpayers, Mr. Carlin? Are you reading the papers, what they are telling us to do? MR. CARLIN: (Inaudible) They call me and they see me downtown and they want to koow what is going on? COUNCILMAN ROSS: And what are they telling you? To create new positions in Town Hall? MR. CARLIN: (Inaudible) especially guys like you. COUNCILMAN ROSS: They are saying no more taxes, Mr. Carlin. That is what they are saying. And I, for one, am listening. That is what they are telling me. MR. CARLIN: That one percent, if you was to cut one percent off this tax budget, it wouldn't mean hardly nothing to a taxpayer. It would be maybe 8 or 9 dollars. COUNCILMAN ROSS: Mr. Carlin, it is our budget. It is our budget. MR. CARLIN: I love (inaudible) now. COUNCILMAN ROSS: This, and I appreciate your input, Mr. Carlin, I always have. But it is this Board's budget. This Board has the final say on the budget. MR. CARLIN: Absolutely. And you are also elected by the people. COUNCILMAN ROSS: That is right. MR. CARLIN: And also you are elected at the budget, but make sure the people have the right protection and service what taxes they are paying. You are not doing that. COUNCILMAN ROSS: And I believe we did. We hired five new police officers next year, I think ... MR. CARLIN: (Inaudible) COUNCILMAN ROSS: Ask the police officers what they think about their department. I think they will tell you they are in better shape than they have been in the last 15 or 20 years. And it is because of what this Board has done over the last three or four years. That is what I think, Mr. Page 93 November 21, 2006 Town of Southold Board Meeting Minutes Carlin. MR. CARLIN: What you are saying is though, that you look good because you are reducing the budget maybe 1 percent, oh, to the average taxpayer that is going to reduce my taxes but the average taxes is not caused by your taxes going up or the county tax going up and what is important and a lot of people don't review their taxes because they get their taxes paid by the bank through a mortgage, they don't koow really what they are paying for, (inaudible) is your school taxes. COUNCILMAN ROSS: That is not my job. That is not my job. MR. CARLIN: I koow it isn't. But that is the problem where the taxes go up. Not with your 1 percent making any difference in the amount of money the taxpayers are going to be increased, maybe 8 or 9 dollars a house. So cutting your budget and reducing that and reducing overtime, now what is the Highway Department going to do if we have a bad winter and he got to work overtime? Where is that money going to come from? Tell me. COUNCILMAN ROSS: I don't believe we cut the Highway Department's overtime. SUPERVISOR RUSSELL: Yes, you did. COUNCILMAN WICKHAM: We cut it only... MR. CARLIN: You cut it and you cut all through the Highway Department. On structural on repairs and whatever. You did, though, allow for buying maybe two tractors or something like that. SUPERVISOR RUSSELL: That last, we had a very contentious budget hearing yesterday. I am glad to have put it behind me, I guess we are re-visiting the issue now. But I have to be frank with you, they had met and cut a little over $200,000 out of the budget. Within a few days, they added about $100,000 back. Last night we argued on whether we should pay for a mower/tractor at $60,000 or bond it over five years. I voted against the budget because they chose to bond it. I truly believe that the right thing to do is to budget for it. You pay as you go and you don't rely on bond and debt service to run the business of the Town. The... COUNCILMAN WICKHAM: And I would like to add to that, that's a legitimate opinion of the supervisor and I respect it, I don't agree with it but it is appropriate. I had a different view and some of the other members had a different view. I don't think it's right for you to accuse us ofa political activity in this. Different people have different opinions how to proceed with it. MR. CARLIN: (inaudible) COUNCILMAN ROSS: I didn't want to vote for the budget because of the addition of two positions. One in highway and one in the Trustees office but because every member of this Board said those positions are important; I voted in favor of the budget. And it is not they and Page 94 ------ November 21,2006 Town of South old Board Meeting Minutes me, it is us. It is our budget. COUNCILMAN EDWARDS: Mr. Carlin... COUNCILMAN ROSS: All six of us. SUPERVISOR RUSSELL: You koow what, Dan? With all due respect, you should have had me at your office so I could have had some input on your cuts. It is all six of us and I have tried really hard to include everybody in every step of the budgeting process... COUNCILMAN WICKHAM: And we gave plenty of input, Scott. We gave plenty of input on the time when we discussed it. You cannot say that you were excluded from discussions. SUPERVISOR RUSSELL: I was excluded from one important one. COUNCILMAN WICKHAM: You were given every opportunity and we had a lengthy discussion about it after we came with some proposals to the table. There is nothing wrong with that. That is appropriate for Town Board members to prepare for Town Board meetings. That is what we did. And we will continue to do it and it is not political. It is preparing properly for a Town Board meeting. COUNCILMAN EDWARDS: Mr. Carlin, if you thought it was political, if you had sat here yesterday, we had five people and members of the Board here and frankly, we had five different opinions on how to solve the problem. All of us and I include the Supervisor as well, all of us are determined to deliver the best quality services to the people of Southold consonant with trying to keep taxes in check. Reasonable people disagree reasonably and by and large, we do disagree reasonably. Scott may see things a little different from what I do but I don't impugn his point of view. We ended up with a budget which the majority of the Board voted for and we can sit here and talk about whether there should have been another backhoe or there should have been this or there should have been that but we have added to the police department, as Dan pointed out, and we rely on the professional management of the chief and the captain to manage their payroll dollars consonant with the budget. That is what we hope for and that is what we expect and if you ask the six of us here, you probably are going to get a slightly different take on it. We were all within a reasonable range, we just, some of us wanted some things, others wanted other things. MR. CARLIN: Bill, what I want to say is, (inaudible) I am sorry I am bringing this up now, I couldn't make the budget meeting. That night I happened to be at ballroom dancing, I have a band, I love to dance, I had to go there but I am here tonight and I want to have my say about it. But the thing is, I am trying to get across to the people here in Southold Town that don't be concerned about how much the town tax are going to be because they are very little when you look at the ratio, it is, the biggest part is the school tax and the waste. Mattituck is, Cutchogue is going with their addition, they don't even have a parking lot there but anyways, that is what I am saying. So what you cut in there is affecting the Town and the taxpayer's service. It has got to be, somewheres along the line. And next year, when it comes out and after the winter what kind Page 95 ----- ----- November 21, 2006 Town of Southold Board Meeting Minutes of storms that we have, will tell the story how much overtime and extra and where it come from and how much money we are going to need. COUNCILMAN EDWARDS: That is true. And it is... COUNCILMAN ROSS: And it... MR. CARLIN: Nobody on this Board can predict what kind of winter it is going to be. COUNCILMAN ROSS: And I am confident that Mr. Harris and his department will take care of the Town, no matter what the winter. MR. CARLIN: Sure, as long as they have the budget to do it. COUNCILMAN ROSS: No matter what the winter. MR. CARLIN: But if you don't give them the money, my friend, how are they going to do it? COUNCILMAN ROSS: As I say, I am confident he will take care of the Town, no matter what the winter. . . . COUNCILMAN WICKHAM: With the budget that he has. COUNCILMAN ROSS: With the budget. MR. CARLIN: I want to say one thing about you. Two years ago, you was in charge of the North Fork Animal Welfare League contract and you gave them a four year contract... COUNCILMAN ROSS: The Board did, Mr. Carlin. I recommended it, yes. MR. CARLIN: No, yeah, you recommended it and you were on the Committee. You were on the Committee. COUNCILMAN ROSS: I negotiated it. MR. CARLIN: Right. COUNCILMAN ROSS: At the Supervisor's request. MR. CARLIN: (inaudible) we never gave them before. COUNCILMAN ROSS: Okay. MR. CARLIN: We never gave a four year contract. It was either a one or two year contract. Page 96 -------- November 21,2006 Town of South old Board Meeting Minutes COUNCILMAN ROSS: Okay. MR. CARLIN: Okay? Okay. COUNCILMAN ROSS: Is that good or bad? MR. CARLIN: Don't try to fool me, I have been around long enough, more than you have. I koow what is going on in this town and I want to say one more thing. And this is important. I said this to Tom Wickham, I said this to Jean Cochran and I am going to say it to this Board; you must work together for a happy medium. Everybody. Everybody gets a fair slice of the pie. Something for the seniors, something for the taxpayers, something for the homeowners, something for the town. Keep that in mind. Forget this, work for a happy medium. People elect you to do the job, not to hesitate or play games here or whatever you want to do. You want me back here and the people want me back here, believe me, Mr. Ross, I get a lot of compliments from people out there in the town. Come on back to the Town Board, Frank, we miss you. And I am back here for their, for their recommendations I am back here. And I am going to stay back here. COUNCILMAN ROSS: And did they tell you it should have been a two year contract? MR. CARLIN: No. I am telling you... COUNCILMAN ROSS: Oh, Ijust wanted to clear that up. MR. CARLIN: I am telling you it should have been a two year contract. COUNCILMAN ROSS: You are wrong, Mr. Carlin. MR. CARLIN: You don't give a (inaudible) you never win. Bill Moore was smart when he kept them down to a year, when Bill Moore was here. He kept it down for a year, but you come along, but you koow why? You didn't understand what was going on in the animal shelter. I will be honest with you. You did not understand. You came on this Board, you wasn't familiar with what went on in the animal shelter, you didn't koow anything about the animal shelter like you should have and I don't think you still do. All have a nice Thanksgiving. COUNCILMAN ROSS: You, too, Mr. Carlin. SUPERVISOR RUSSELL: Thank you, Mr. Carlin. Just before we adjourn, I just wanted to mention that I would hope everybody (tape malfunction) for the Town last week and I want to wish her family the best during this very difficult holiday. COUNCILMAN EDWARDS: Because this is going to be on, is being on television, is there some address? I koow a collection is being taken and I wonder if you can give an address where people can send checks. Page 97 November 21, 2006 Town of Southold Board Meeting Minutes SUPERVISOR RUSSELL: You can contact Ruthanne Woodhull from my office. She is establishing a fund. COUNCILMAN EDWARDS: And her phone number is? SUPERVISOR RUSSELL: 765-1889. With that, can I get a motion to adjourn? 10. Motion To: Adjourn Town Board Meeting COMMENTS - Current Meeting: RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 6:20 P.M. . . . . . ~O.~ Eliza eth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Daniel C. Ross, Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. Page 98