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Home My WebLink AboutTB-12/19/2006 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 December 19, 2006 4:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, December 19, 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 Southold Councilman Present William P. Edwards Town of Southold Councilman Present Daniel C. Ross Town of Southold Councilman Present Thomas H. Wickham Town of Southold Councilman Present Louisa P. Evans Town of Southold Justice Present Scott Russell Town of Southold Supervisor Present Elizabeth A Neville Town of Southold Town Clerk Present Patricia A Finnegan Town of Southold Town Attorney Present I. Reports 1. Board of Trustees November 2006 2. Supervisor’s Budget Report November 30, 2006 3. Program for the Disabled November 2006 4. Animal Shelter November 2006 5. Justice Bruer Page 1 December 19, 2006 Minutes Town of Southold Board Meeting November 2006 6. Town Clerk November 2006 7. Island Group Claim Lag Report 12/1/05 - 11/30/06 II. Public Notices 1. Notice of Order - NYS DOT “No Stopping” restriction on the south side of Route 25, SH 8229, from a point 100 +/- feet west of the west curb line of Cases Lane, to a point 65 +/- feet east of the east curb line of Cases Lane, a distance of 195 +/- feet, in Cutchogue. 2. Notice of Order - NYS DOT "No Standing" restriction on the south side of Route 25, SH 8229, from a point 15 +/- feet west of the west side of the pedestrian crosswalk, located 180 +/- feet east of Cases Lane, to a point 15 +/- feet east of the east side of the same pedestrian crosswalk, a distance of 40 +/- feet, in Cutchogue. 3. Notice of Order - NYS DOT “No Standing” restriction on the south side of Route25, SH 8229, from the east curb line of New Suffolk Road, to a point 80 +/- feet east of the east curb line of New Suffolk Road, a distance of 80 +/- feet, in Cutchogue. 4. Notice of Order - NYS DOT “No Stopping” restriction on the south side of Route 25, SH 8229, from a point 15 +/- feet west of the west curb line of New Suffolk Road, to the west curb line of New Suffolk Road, a distance of 15 +/1- feet, in Cutchogue. 5. Notice of Order - NYS DOT Reduces School Speed Limit from 30 MPH to 25 MPH on Route 25, SH 8229, adjacent to the Mattituck School, between a point 300 +/- feet east of the school building line, and a point 300 +/- feet west of the school building line in Mattituck 6. Notice of Order - NYS DOT Reduce speed limit from 35 MPH to 30 MPH on Route 25, SH 8181, from Factory Avenue/Sigsbee Road to Reeve Avenue/Maple Avenue, a distance of 0.9 +/- miles in Mattituck 7. Notice of Order by NYS DOT Page 2 December 19, 2006 Minutes Town of Southold Board Meeting “No Stopping” restriction, on the north side of Rt 25 , SH 8380, from a point 75 +/- feet east of the east curb line of Ryder Farm Lane, to a point 50 +/- feet west of the west curb line of Ryder Farm Lane, a distance of 160 +/- feet in Orient 8. Notice of Rider - NYS DOT “No Stopping” restriction on the north side of Route 25, SH 8380, from a point 75 +/- feet west of the east curb line of Plum Island Lane, to a point 50 +/- west of the west curb line of Plum Island Lane, a distance of 165 +/- feet, in Orient III. Communications 1. Commending Recreation Dept. Letter from Santa commending Ken Reeves and Jill Franke for their dedicated assistance as Santa’s helper during the Holiday Season. IV. Discussion 1. 9:00 AM Paving & Maintenance of Community Parking Lots Lori Montefusco & Jim McMahon 2. Town Code Amendments 3. 9:30 AM Presentation of Draft Drainage Code Kieran Corcoran , Jamie Richter 4. 10:00 AM Hamlet Stakeholder/Hamlet Study Process Phillip Beltz, Mark Terry 5. Southold Animal Shelter Bidding Extension 6. Request for Zone Change 7. Five East End Towns Agreement Grant for Rail-Bus Study 8. Request for Ethics Board Meeting 9. Size, Height & Setbacks for Accessory Buildings 10. Strawberry Fields Policy 11. 12:30 PM Executive Session Chief Cochran - Contract Page 3 December 19, 2006 Minutes Town of Southold Board Meeting 12. Executive Session Property Acquisition 13. Executive Session Contract - Labor Memorandum of Agreement 14. Executive Session Acquisition of Property 15. Executive Session Personnel 16. Executive Session Personnel 17. ZBA, Planning Board and Board of Assessment Review Advertise? V. Minutes Approval 1. Wednesday, November 08, 2006 2. Tuesday, November 21, 2006 VI. Resolutions 1. Statement SUPERVISOR RUSSELL: Please rise and join with me in the Pledge of Allegiance to the Flag. Okay. This is the point of the evening where you are welcome to come up and address the Town Board on any issue as it appears on the agenda. Would anybody like to address the Town Board? JOHANNA NORTHRUM: My name is Johanna Northrum. The issue I want to address is a personnel issue but I do want (inaudible) in tonight’s meeting. This is about Helen Cusack. SUPERVISOR RUSSELL: Heather? MS. NORTHRUM: Yes. SUPERVISOR RUSSELL: There isn’t, there is nothing on the agenda this evening that would come to bear on that issue. Could I please ask if we could get through the items and then you can come back up; that is generally at the point in the evening when we go to all issues involving the taxpayers. Page 4 December 19, 2006 Minutes Town of Southold Board Meeting MS. NORTHRUM: Okay, thank you. SUPERVISOR RUSSELL: Okay, thank you. Mrs. Egan. JOAN EGAN: Joan Egan, East Marion. I guess it would appropriate to say Happy Hanukah and a holy Christmas for us, okay? So, are we going to work on the agenda I got this morning? You will forgive me if it is a little bit long but you don’t have the other here until five minutes before the meeting starts. So that is your problem but we will manage. Now, I did notice on your page 2, I guess you would call it, of course, if you had a Department of Transportation in regard to the change of speed limit in front of the Mattituck school. Now, we had also, I think, prior to this discussed that we were going to maybe get a flashing light there? SUPERVISOR RUSSELL: In Mattituck? MS. EGAN: Yeah. SUPERVISOR RUSSELL: Yes, a request in for there and also for Oysterponds. MS. EGAN: And for Greenport? SUPERVISOR RUSSELL: Greenport is already approved, we are waiting for the installation. MS. EGAN: Yeah. And where else are we going to get one? SUPERVISOR RUSSELL: Oysterponds. MS. EGAN: Oh. Great. Oh, good. Very good. Then of course, we won’t review but we will hope and pray that you all did check the court and the, what is happening to our court and I would suggest that people sitting here also come to court on a Friday morning or if you are listening, just come for five minutes. Find out what has happened to our Town. Oh, item 954, is that something new? SUPERVISOR RUSSELL: No, that is a promotion, that is simply establishing the salary range for a promotion that was already granted to an employee in Land Preservation. MS. EGAN: Yeah. Did I also see something on the work session about the, or was it later on, something about the Ethics Committee? SUPERVISOR RUSSELL: During the work session today, we had a request from one of the members, one of the newly appointed members, for them to have a meeting. So I am going to call the members and ask them to have a meeting within the next week or two. MS. EGAN: Are the names of the people on the Ethics Committee posted on the bulletin board? SUPERVISOR RUSSELL: I don’t believe they are posted on the bulletin board but they are Page 5 December 19, 2006 Minutes Town of Southold Board Meeting available to anybody that would like to see who the members are if they go to the Town Clerk’s office. MS. EGAN: Oh, well maybe… SUPERVISOR RUSSELL: Or you can go to my office, I will get them. MS. EGAN: No, that is alright. Maybe Mrs. Neville could get one of her girls to post who the Ethics Committee people are and get it on the bulletin board. Would that be possible? It is public information. MRS. NEVILLE: Well, I suppose, I have lists of officials available in my office, if you want to stop by my office. MS. EGAN: I think that for the general public, though, rather than at this time of the year, you know what your place is like, that, so let’s get it posted. MRS. NEVILLE: I will post it. I will post it. I will put a copy on the Board. Sure. I would be happy to. MS. EGAN: Good. Good. You know, item 958, you know I was after Mr. McMahon to get the flowers at the police station and other places and he got them up there for maybe three weeks, and they could have lasted. They are all gone now, again. There has got to be, you have got to give him too many wakeup calls. Maybe, as I have said before, maybe the job has gotten too big for him. Now he is asking for overtime earnings and I don’t know. Certainly he is not keeping up with it and I would imagine 959, these people are all union people, aren’t they? SUPERVISOR RUSSELL: Yes. MS. EGAN: So these contracts, (inaudible) earnings and things like that, aren’t they covered under their union contract? SUPERVISOR RUSSELL: They are covered under the CSEA contract. MS. EGAN: Hmmm? SUPERVISOR RUSSELL: They are covered under the CSEA contract. MS. EGAN: Yeah. So, do we have to give them more money than is allotted…Mr. Russell? SUPERVISOR RUSSELL: Yes, I am reading it as I try to answer the question. MS. EGAN: So, I mean, if they are covered by the union, they pay their medical, right? SUPERVISOR RUSSELL: That is right. This doesn’t pay doesn’t pay for medical plans or Page 6 December 19, 2006 Minutes Town of Southold Board Meeting medical costs. This is actually reimbursement for not using sick time. In other words, you are given a certain amount of sick time during the course of the year and if you don’t use it, you can cash that in. All this is, is a balancing budgeting approach to move money to cover those costs. MS. EGAN: Good. Now this is, this is kind of, I think, still kind of new. 961, the youth service program, which I am all in favor of. Is that kind of a new sort of situation? You had it last meeting, I think, also. 961. SUPERVISOR RUSSELL: Yeah, that is, I believe what we already get through block grants and that is just assigning it to, what, we don’t have a youth bureau yet but youth services. That generally has been under the bailiwick of Mr. McMahon. MS. EGAN: Okay. Well, Mr. McMahon, I think, gets a little nervous when he sees me walk in. SUPERVISOR RUSSELL: We all do, Mrs. Egan, we all do. MS. EGAN: Good. I don’t get paid for it, though. Now, you have, you know, again we discussed this at the last 962, you have these programs as recreation center and I had mentioned to you before if you were going to be able to do it if we were going to do some repair work there. SUPERVISOR RUSSELL: Oh, 962? 962 is recreation. MS. EGAN: Yeah. Recreation. SUPERVISOR RUSSELL: Yeah, we have a bond to do the repairs there. We have, actually, for the new year an estimated cost of about $165,000. We had bonded about $200,000. MS. EGAN: Yeah, I know that but what I am asking is can you, we are going to appropriate this money but are you really going to be able to do these things with the changes being made at the… SUPERVISOR RUSSELL: Yes. What this does here is actually just establishes the salary each receives but each of these programs is self-financing. In other words, if you are going to take baton twirling, you pay an admission fee or an instructional fee. So these more or less hold the taxpayers harmless from cost because they are self-financed, these programs. So this in the end wouldn’t cost the town taxpayers any out of pocket money. MS. EGAN: Now, I did, the last time I was there, the flooring was so bad, we couldn’t even do the dancing. SUPERVISOR RUSSELL: That is on the agenda for repair. MS. EGAN: Yeah. Somebody did tell me that the do have some things stored there that were never used; that Mr. McMahon should really look into every nick and corner and I don’t know, is there an attic there? Page 7 December 19, 2006 Minutes Town of Southold Board Meeting SUPERVISOR RUSSELL: A very small and more or less barely useable storage space. A reach in attic. MS. EGAN: Well, tell him because I think there is some good material still left there that was never really used; maybe it has rotted away, I don’t know. SUPERVISOR RUSSELL: The roof leaks, so whatever was there unless it is made out of cast iron or something, there is probably nothing in suitable shape. MS. EGAN: Well, let’s check every nick and corner of it any how, okay? SUPERVISOR RUSSELL: Yep. MS. EGAN: Now we have on item 963, we another policeman going away and I always worry about one policeman down, which means that maybe somebody else has to do overtime and I really don’t know that it is necessary for them to go away when much of this can be picked up on the computer, telephone or what have you but maybe they get some good out of it, I hope so, anyhow. I think you explained, I guess 966 again is under the union. This is medicare? SUPERVISOR RUSSELL: Yes, that is the additional cost as a result of the medicare part D. And we have the Town’s medical service is going to be the manager of that part D. MS. EGAN: Good. I get kind of a kick out of 968 with the Peconic Land Trust. Because I reported them to the Building Department for run-off soil, they have a bad situation there and they have a horribly disgusting building behind them. And again 971, (inaudible) union contract also. SUPERVISOR RUSSELL: That is right. MS. EGAN: Oh, the, 973, there is quite a couple of things about, 972 is kind of the same thing. Petro Commercial Services, that is a local company? SUPERVISOR RUSSELL: Yes. Petro is located I believe in Riverhead but I am not quite sure. It wouldn’t really matter because that is subject to bid and we had to accept the low bidder, whether they are Riverhead or Southold. MS. EGAN: You know, you always say that and sometimes I wonder whether you could think about an exception to the rule for local people who have… SUPERVISOR RUSSELL: We passed a policy about five or six years ago, prior to myself getting here, that allowed the Town departments the discretion of allowing a local competitor to bid, I think, within 5 or 10 percent of the lowest bid and accept them. But that is a very tight margin and it is not easy for local merchants to compete in an open bidding process, even with that margin of error. Page 8 December 19, 2006 Minutes Town of Southold Board Meeting MS. EGAN: So what you are telling me is that the local company can come within 5 percent of Petro, you would kind of work with them? SUPERVISOR RUSSELL: That would be, I believe what the policy was 5 or 10 percent. That was passed, I think that was represented by Councilman Moore some years ago. I would have to look further into it but we do try to keep as much business local as we can. MS. EGAN: Oh, now this sounding interesting, 974, for the police department. There will be no expense to the Town for attendance at this seminar. How did that come about? SUPERVISOR RUSSELL: Good question. He is either being reimbursed by another entity or decided to assume the cost himself. When they ask me to go do something that doesn’t cost the Town anything, I generally don’t ask a lot of questions. MS. EGAN: Well, I think you should. You never know. I think you should find out why. I always ask why, that is the way it was, how I was brought up. You ask why, what, when and where. SUPERVISOR RUSSELL: It would look like this is being sponsored by MAGLOCLEN, which is maybe a vendor that supplied an item to the police department and now they are simply picking up the cost of training for an officer to use it, so that is not uncommon. MS. EGAN: Well, let’s find out about it. Mr. Wickham, is your head falling off tonight? COUNCILMAN WICKHAM: No, ma’am. MS. EGAN: Now, not this past meeting, the one before that where you got kind of, went astray with the police department, we are mending fences there and on the same page again? Pretty much? SUPERVISOR RUSSELL: Yes. MS. EGAN: Good. The only thing I would say, you know, I think there was a question about another vehicle for them and I noticed that a great many of the newer ones are trucks and maybe we should think about going to cars or those other bigger ones, you know, the Explorers, where they can accommodate more people in it if necessary. So I think that is something you want to look into. Oh, I was very pleased, oh, I wanted to congratulate the people who are doing Channel 22. The new presentation. Have you seen it? SUPERVISOR RUSSELL: Yes. MS. EGAN: It is lovely. It was blue and now it is, you know, for the holidays you know, it is very nice, whoever did it. It is very nice indeed. Page 9 December 19, 2006 Minutes Town of Southold Board Meeting SUPERVISOR RUSSELL: Lloyd Reisenberg from… MS. EGAN: Pardon? SUPERVISOR RUSSELL: Lloyd Reisenberg, Network Systems Administrator from Southold Town. MS. EGAN: Yeah. SUPERVISOR RUSSELL: And it is very festive and seasonal. MS. EGAN: And other people contributed, right? From the school? SUPERVISOR RUSSELL: Mmmhmm. MS. EGAN: Aren’t some of the high school kids involved? SUPERVISOR RUSSELL: I believe so. Lloyd had actually organized it. MS. EGAN: Yeah. So I think give credit where credit is due. Now I think we did review the last time, the 983, the insurance and the bond for these Cottages at Mattituck. We covered that the last time, didn’t we, Mrs. Finnegan? SUPERVISOR RUSSELL: Yes. TOWN ATTORNEY FINNEGAN: Yes. MS. EGAN: Good. Now, I think we have two appointments, 986 and maybe 987, are both these Mary Wilson and Lisa Kombrink, are they both local lawyers? SUPERVISOR RUSSELL: Mary Wilson used to be the attorney for Southold Town. MS. EGAN: Yeah. SUPERVISOR RUSSELL: They specialize in land preservation and the purchase of development rights programs. We have been using them, historically, for some years now and they both do a fine job and honestly, at the salary they are receiving, I think it is a very good deal for Southold Town. MS. EGAN: You didn’t answer the question. SUPERVISOR RUSSELL: I don’t know where they live personally. COUNCILMAN WICKHAM: Lisa Kombrink lives in Hampton Bays. Page 10 December 19, 2006 Minutes Town of Southold Board Meeting MS. EGAN: So they are not local lawyers? COUNCILMAN WICKHAM: I believe that Mary Wilson also lives there now but she was formerly living in this Town. MS. EGAN: She formerly did. And what about this other lady? COUNCILMAN WICKHAM: Kombrink. She lives in Hampton Bays. MS. EGAN: She lives in Hampton Bays. So what you are basically telling me is we are hiring two lawyers from out of the Town of Southold? COUNCILMAN WICKHAM: They currently do not live here, that is right. MS. EGAN: Hmmm? COUNCILMAN WICKHAM: At the present time, they do not live here. That is right. MS. EGAN: Do they have law offices here? COUNCILMAN ROSS: Mrs. Egan, most of the attorneys who have offices in Southold practice before the Boards of the Town of Southold and consequently, if they take employment with the Town, they are conflicted out, so… MS. EGAN: There could be a conflict of interest, is that what you are telling me? COUNCILMAN ROSS: Correct. So that… SUPERVISOR RUSSELL: Narrows the results… COUNCILMAN ROSS: Results in out of town attorneys doing a lot of the Town business. MS. EGAN: Good. Maybe I should go back to law school. Wouldn’t you love to have to fight me? Okay, I think that is a wrap. SUPERVISOR RUSSELL: Thank you. Would anybody else like to comment… MS. EGAN: Excuse me, item, the public hearing, Chapter 144. That is about the Trustees? SUPERVISOR RUSSELL: No. That is about penalties for a variety of subjects; some being, that would be under aegis of the Trustees office, some that would be under the direction of the Building Department. If you read through it, there is just addressing a variety of penalties. It is an ongoing effort by the Town to raise its penalties to realistic and what would be genuinely disincentive. Page 11 December 19, 2006 Minutes Town of Southold Board Meeting MS. EGAN: I thought we… SUPERVISOR RUSSELL: We did a bulk of the zoning penalties a few weeks back. This addresses some of the more arcane aspects of the Town code. Filming, septic, run-off, that sort of thing. MS. EGAN: Okay. Thank you. SUPERVISOR RUSSELL: Sure. Would anybody else like to address the Town Board? (No response) Hearing none, can we move forward? 2006-951 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit Dated 12/19/06 RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby December 19, 2006. ? Vote Record - Resolution RES-2006-951 Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ?????????? Defeated Daniel C. Ross Voter ?????????? Tabled Thomas H. Wickham Seconder ?? Withdrawn ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter 2006-952 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Set Organizational Meeting 1/2/07 11:00 AM RESOLVED that the 2007 Organizational Town Board Meeting of the Southold Town Board be held, Tuesday, January 2, 2007 at the Southold Town Hall, Southold, New York at 11:00 A. M.. ? Vote Record - Resolution RES-2006-952 Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ???????? ??Daniel C. Ross Voter Defeated ?????????? Tabled Thomas H. Wickham Seconder ?? Withdrawn ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter Page 12 December 19, 2006 Minutes Town of Southold Board Meeting 2006-953 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Set Next Meeting 1/2/07 4:30 Pm RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, January 2, 2007 at the Southold Town Hall, Southold, New York at 4:30 P. M.. ? Vote Record - Resolution RES-2006-953 Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ???????? ??Daniel C. Ross Voter Defeated ?? Tabled ???????? Thomas H. Wickham Seconder ?? Withdrawn ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter 2006-955 Tabled 12/5/2006 7:30 PM CATEGORY: Employment - Town DEPARTMENT: Accounting Create Salary Scale for Senior Administrative Asst RESOLVEDcreates the position of that the Town Board of the Town of Southold hereby Senior Administrative Assistant and establishes the following salary scale for 2007: Entry 45,064.24 1 48,017.23 2 49,198.42 3 50,793.07 4 51,974.24 5 54,927.24 ? Vote Record - Resolution RES-2006-955 Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Initiator ? Adopted ???????? William P. Edwards Seconder ?? Adopted as Amended ???????? ??Daniel C. Ross Voter Defeated ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2006-956 Page 13 December 19, 2006 Minutes Town of Southold Board Meeting CATEGORY: Employment - FIFD DEPARTMENT: Accounting Appoint David Lynch to the Position of a Part-Time Deckhand RESOLVEDappoints David Lynch to that the Town Board of the Town of Southold hereby the position of a part-time deckhand for the Fishers Island Ferry District, effective December 7, 2006, at a rate of $9.00 per hour. ? Vote Record - Resolution RES-2006-956 Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Seconder ? Adopted ???????? William P. Edwards Initiator ?? Adopted as Amended ?????????? Defeated Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2006-957 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Approve a 3% Rate Increase for the Various Fishers Island Personnel Effective January 1, 2007 RESOLVEDapproves a 3% rate that the Town Board of the Town of Southold hereby increase for the following Fishers Island Personnel effective January 1, 2007: Barrett, Frederick Foley, Paul Burke, Stephen Hoch, Richard Crowley, William Lynch, Matthew Doherty, Thomas Marshall, Jesse Easter, Mark Morgan, Jesse Elsensohn, Josh Paradis, John Fiora, Michael Schmid, Nina ? Vote Record - Resolution RES-2006-957 Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ?????????? Defeated Daniel C. Ross Initiator ?????????? Tabled Thomas H. Wickham Seconder ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter Page 14 December 19, 2006 Minutes Town of Southold Board Meeting 2006-958 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Appoint Matthew Lynch to the Position of Ferry Captain RESOLVEDappoints Matthew Lynch that the Town Board of the Town of Southold hereby to the position of Ferry Captain for the Fishers Island Ferry District, effective December 7, 2006, at a rate of $18.50 per hour. ? Vote Record - Resolution RES-2006-958 Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ?????????? Defeated Daniel C. Ross Seconder ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter 2006-959 CATEGORY: Budget Modification DEPARTMENT: Public Works Modify the 2006 Department of Public Works - Overtime Earnings Budget RESOLVEDmodifies the 2006 that the Town Board of the Town of Southold hereby Department of Public Works – Overtime Earnings budget as follows: From: A.1620.1.300.100 Regular Earnings $58.38 A.1620.4.600.700 Licenses & Permits $17.17 To: A.1620.1.300.200 Overtime Earnings $75.55 ? Vote Record - Resolution RES-2006-959 Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ???????? ??Daniel C. Ross Voter Defeated ?? Tabled ???????? Thomas H. Wickham Initiator ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Scott Russell Voter 2006-960 Page 15 December 19, 2006 Minutes Town of Southold Board Meeting CATEGORY: Budget Modification DEPARTMENT: Public Works Modify the 2006 Department of Public Works - Sick Earnings Budget RESOLVEDmodifies the 2006 that the Town Board of the Town of Southold hereby Department of Public Works – Sick Earnings budget as follows: From: A.1620.2.500.200 Vacuum Equipment $315.66 A.1620.4.100.300 Janitorial Supplies $562.47 To: A.1620.1.100.400 Sick Earnings $878.13 ? Vote Record - Resolution RES-2006-960 Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Initiator ? Adopted ???????? William P. Edwards Seconder ?? Adopted as Amended ?????????? Defeated Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2006-961 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification-Pumpout Boat Grants RESOLVEDmodifies the 2006 that the Town Board of the Town of Southold hereby General Fund Whole Town revenue budget as follows: From: A.3089.85 State Aid, Pump-Out Boat Grants $ 70,000 To: A.4997.10 Federal Aid, Pump-Out Boat Grants $ 70,000 ? Vote Record - Resolution RES-2006-961 Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Initiator ?? Adopted as Amended ?????????? Defeated Daniel C. Ross Seconder ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter Page 16 December 19, 2006 Minutes Town of Southold Board Meeting 2006-962 CATEGORY: Grants DEPARTMENT: Community Development Authorize and Direct Supervisor Scott A. Russell to Sign the Individual Program Application for the 2007 Southold Youth Services Program RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to sign the Individual Program Application for the 2007 Southold Youth Services Program, in the amount of $10,316. ? Vote Record - Resolution RES-2006-962 Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ???????? ??Daniel C. Ross Initiator Defeated ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Scott Russell Voter 2006-963 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Recreation Authorize and Direct Supervisor Scott A. Russell to Execute Agreements with Individuals for the Winter 2007 Recreation Programs RESOLVEDauthorizes and directs Supervisor that the Town Board of the Town of Southold hereby Scott A. Russell to execute an agreement with the following individuals for the winter 2007 recreation programs, all in accordance with the approval of the town attorney. Funding for the instructors listed below has been budgeted for in the recreation department's 2007 instructor line A7020.4.500.420. Martine Abitbol (French Cooking).................................................... $25/hour Carmine Arpaia (Youth Basketball Program)………………………$25/hour Antoinette Beck-Witt (drawing class)................................................$25/hour Thomas Boucher (guitar)............................................................... $30/hour Eugenia Cherouski (folk dancing)................................................... $25/hour Doris Coniglio (knitting for beginners)…………………………… $25/hour James Crosser (Youth Basketball Program)………………………. $12.50/hour Paula Croteau (baking classes)……………………………………. $25/hour Nancy Deegan (music appreciation)………………………………. $25/hour Page 17 December 19, 2006 Minutes Town of Southold Board Meeting Martha Eagle (aerobics)............................................................….. $30/hour East End Insurance Services (defensive driving)............................. $30/person Glen Franke (Youth Night Program)………………………………. $25/hour Jill Franke (Youth Night Program)……………………..…………. $25/hour Kathy Gadomski (Youth Night Program)…………………………. $25/hour Tom Gadomski (Youth Night Program)…………………………… $25/hour Bill Gatz (Youth Basketball Program)…………………………… $25/hour Nancy Gilbert (Floral Arranging)…………………………………. $25/hour Carol Giordano (baton)................................................................... $25/class Rebecca Johnson (volleyball)……………………………………… $25/hour Russ L'HommeDieu (weight loss)…………………………………. $25/hour Rosemary Martilotta (Hatha yoga)……………………………….. $55/class Judy McCleery (Digital Photography)……………………………. $25/hour Cynthia Mignone (Youth Night Program)……..………………….. $25/hour Elizabeth Morrison (childbirth class)……………………………….$25/hour Lucille Naar (tap dancing for adults)………………………………. $25/hour Riverside Gymnastics (youth gymnastics).................................... $60/person Christina Rizzo (fictional writing)…………………………………. $25/hour Dorothy A. Rooney (develop photographic eye)………………….. $25/hour Connie Rosnack (Youth Night Program)……..………………….. $25/hour Candice Schott (Youth Night Program)……..…………………….. $25/hour Megan Schutt (Youth Night Program)……..…………………….. $25/hour Laurie Short (bodyworks/aerobics)…………………………………$25/hour Steve Smith (weight training)............................................................ $25/hour Maria Thomas (Conversational Spanish)………………………….. $25/hour Touch Dancing Studios (social dance)......................................... $48/person US Coast Guard Auxiliary Flotilla 18-8 (boating).......................... $40/person ? Vote Record - Resolution RES-2006-963 Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ???????? ??Daniel C. Ross Voter Defeated ?????????? Tabled Thomas H. Wickham Seconder ?? Withdrawn ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter 2006-964 CATEGORY: Attend Seminar DEPARTMENT: Police Dept Grant Permission to PO Thomas Hudock to Attend NYS Juvenile Officers Quarterly Meeting In Syracuse, NY RESOLVED grants permission to Police that the Town Board of the Town of Southold hereby Officer Thomas Hudock to attend the State of New York Juvenile Officers Quarterly Page 18 December 19, 2006 Minutes Town of Southold Board Meeting Meeting commencing Thursday, December 7 through Friday, December 8, 2006 in Syracuse, New York. All expenses for gas and tolls to be a legal charge to the 2006 JAB budget line A.3157.4.600.200. Lodging to be paid for by State of New York Juvenile Officers Association. ? Vote Record - Resolution RES-2006-964 Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ???????? ??Daniel C. Ross Voter Defeated ?????????? Tabled Thomas H. Wickham Initiator ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Scott Russell Voter 2006-965 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Appoint Donald Brown to the Position of a Full Time Laborer, for the Fishers Island Ferry District RESOLVEDappoints Donald Brown to that the Town Board of the Town of Southold hereby the position of a full time laborer, for the Fishers Island Ferry District , effective December 18, 2006, at a rate of $14.00 per hour. ? Vote Record - Resolution RES-2006-965 Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Initiator ? Adopted ???????? William P. Edwards Seconder ?? Adopted as Amended ???????? ??Daniel C. Ross Voter Defeated ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2006-966 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorize and Direct Supervisor Scott A. Russell to Execute the Grant Agreement Between the County of Suffolk Through Its Duly Constituted Department of Economic Development & Workforce Housing and the Town of Southold and Greenport-Southold Chamber of Commerce RESOLVED authorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Grant Agreement between the County of Suffolk through its duly constituted Department of Economic Development & Workforce Housing Page 19 December 19, 2006 Minutes Town of Southold Board Meeting and the Town of Southold and Greenport-Southold Chamber of Commerce in connection with the reconfiguration of a municipal parking lot in the center of the Southold Business District, SCTM Nos. 1000-61-4-4 and 1000-61-4-5, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2006-966 Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Seconder ? Adopted ???????? William P. Edwards Initiator ?? Adopted as Amended ???????? ??Daniel C. Ross Voter Defeated ?????????? Tabled Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2006-967 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorize and Direct Supervisor Scott A. Russell to Execute an Agreement Between Island Group Administration and the Town of Southold Entitled “Administrative Service Agreement/Supplemental Services/Medicare Part D Administration RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an Agreement between Island Group Administration and the Town of Southold entitled “Administrative Service Agreement/Supplemental Services/Medicare Part D Administration” in connection with the Town’s pharmacy benefit manager for an additional service fee for 2006, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2006-967 Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Seconder ?? Adopted as Amended ???????? ??Daniel C. Ross Initiator Defeated ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Initiator 2006-968 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorize and Direct Supervisor Scott A. Russell to Execute the Proposal with H2M Group Page 20 December 19, 2006 Minutes Town of Southold Board Meeting RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Proposal with H2M Group to continue the gas and groundwater monitoring well program through 2008 in connection with the Transfer Station, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2006-968 Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ???????? ??Daniel C. Ross Voter Defeated ?????????? Tabled Thomas H. Wickham Seconder ?? Withdrawn ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter 2006-969 CATEGORY: Support Resolution DEPARTMENT: Town Clerk Town of Southold Finds that the Conservation Easement Conveyed by the Edward and Patricia Booth to the Peconic Land Trust, Inc. is Consistent with the Town’s Public Policy of Preserving Open Space and Scenic Vistas and that Said Conveyance Will Yield a Significant Public Benefit. WHEREASEdward C. Booth and Patricia S. Booth (the Grantors) , are the owners of 11 acres of land located on Soundview Avenue in the Town of Southold, Suffolk County, New York, identified as Suffolk County Tax Map Parcel Numbers (SCTM #’s:) 1000-51-1-1 and 1000-50-2-15.2 and hereinafter referred to as the “Property”; and WHEREAS , the Property is located in the Low Density Residential R-80 Zoning District of the Town of Southold which designation, to the extent possible, is intended to prevent the unnecessary loss of those currently open lands which contain prime agricultural soils as outlined ; in the Town of Southold code, Section 280-12 and WHEREASGrantors granted a Conservation Easement on the Property to Peconic , the Land Trust on October 2, 2006 so that a portion of the Property shall remain in its open, undeveloped state and be available for open space and agriculture, and a portion of the Property, may be developed with no more than the two (2) existing single-family residences, with appurtenant structures and improvements; and Page 21 December 19, 2006 Minutes Town of Southold Board Meeting WHEREAS , the Property contains soils classified as Class I and Class II worthy of conservation as identified by the United States Department of Agriculture Soil Conservation Service’s Soil Survey of Suffolk County, New York; and WHEREAS , the Property is immediately to the north of approximately 28 acres of agricultural land protected by the Grantors through the sale of development rights to the Town of Southold on June 14, 2005; and WHEREAS , a portion of the Property is in the Coastal Erosion Hazard Area, which, according to the Town of Southold code, Chapter 111 is an identified area that warrants regulation for the purpose of protecting natural features and natural resources; and WHEREAS , the property is located within an area that contains or is qualified as a Natural Features Area, including bluffs, beaches and dunes, and which, pursuant to the Town of Southold Code, Chapter 111, should be protected from rapid growth in order to limit erosion, turbidity, siltation, saltwater intrusion, protect marine life, protect wildlife habitat, lessen flooding, and protect water filtration and recharge; and WHEREAS , the Property has a total of 1,122 feet of road frontage on Soundview Avenue which offers the public significant, scenic vistas from a public highway of the subject property, as well as 276 feet on Long Island Sound; and WHEREAS , it is the policy of the Town of Southold, as articulated in the Town’s Master Plan of 1973, amended in 1986 and 1989 as adapted by the Town Board, Town of Southold Town Code, Section 272-a of the Town Law, to protect environmentally sensitive areas, preserve prime agricultural soils, to protect the scenic, open space character of the Town and to protect the Town’s resort and agricultural economy; and NOW, THEREFORE, BE IT RESOLVEDTown of Southold finds that the , that the Conservation Easement conveyed by the Grantors to the Peconic Land Trust, Inc. is Page 22 December 19, 2006 Minutes Town of Southold Board Meeting consistent with the Town’s public policy of preserving open space and scenic vistas and that said conveyance will yield a significant public benefit ; and BE IT FURTHER RESOLVED , that the Town Clerk will forward a copy of this resolution to Edward C. Booth, 17235 Soundview Avenue, Southold, NY 11971 and to the Peconic Land Trust, Inc. at P.O. Box 1776, Southampton, New York 11969. ? Vote Record - Resolution RES-2006-969 Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ???????? ??Daniel C. Ross Voter Defeated ?????????? Tabled Thomas H. Wickham Initiator ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Scott Russell Voter 2006-970 CATEGORY: Bid Acceptance DEPARTMENT: Town Clerk Accepts the Bid of Thames Shipyard and Repair of New London, CT for Dry-Docking the Vessel Race Point, for the Fishers Island Ferry District RESOLVEDaccepts the bid of Thames that the Town Board of the Town of Southold hereby Shipyard and Repair of New London, CT for dry-docking the vessel Race Point, for the Fishers Island Ferry District in the amount of $101,690, all in accordance with the Town Attorney. ? Vote Record - Resolution RES-2006-970 Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Initiator ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ?????????? Defeated Daniel C. Ross Voter ?????????? Tabled Thomas H. Wickham Seconder ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2006-971 CATEGORY: Surplus Equip - Non Usable DEPARTMENT: Town Clerk Donate and Destroy the Surplus Computer Equipment Page 23 December 19, 2006 Minutes Town of Southold Board Meeting WHEREAS the Town Clerk held a bid opening on November 30, 2006 for the sale of used computer equipment, and WHEREAS no bids were received, now there for be it RESOLVEDdonates the surplus that the Town Board of the Town of Southold hereby computer equipment to the North Fork Women’s Resource Center and various other individuals and/or organizations, and be it further RESOLVED that any of the surplus computers that are not donated be destroyed . ? Vote Record - Resolution RES-2006-971 Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Initiator ?? Adopted as Amended ???????? ??Daniel C. Ross Seconder Defeated ?????????? Tabled Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2006-972 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Accounting Island Group 2007 Health Plan Administration RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an agreement with Island Group Administration, Inc. for the administration of the Town of Southold Employee Health Plan for the 2007 calendar year, said agreement subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2006-972 Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ???????? ??Daniel C. Ross Initiator Defeated ?????????? Tabled Thomas H. Wickham Seconder ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2006-973 CATEGORY: Bid Acceptance Page 24 December 19, 2006 Minutes Town of Southold Board Meeting DEPARTMENT: Highway Department Accept the Bid of Petro Commercial Services for Supplying the Town of Southold with Unleaded Gasoline [Ethanol] and Unleaded Plus Gasoline [Ethanol] for the 2007 Calendar Year RESOLVEDaccepts the bid[s] of Petro that the Town Board of the Town of Southold hereby Commercial Services, at a price of $0.1285 fixed differential over the Northville Rack Price, for supplying the Town of Southold with Unleaded Gasoline [Ethanol] and Unleaded Plus Gasoline [Ethanol], respectively, for the 2007 calendar year, all in accordance with the Town Attorney. ? Vote Record - Resolution RES-2006-973 Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ?????????? Defeated Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Seconder ?? Withdrawn ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter 2006-974 CATEGORY: Bid Acceptance DEPARTMENT: Highway Department Accept the Bid of Petro Commercial Services for Supplying the Town of Southold with Ultra Low Diesel Fuel for the 2007 Calendar Year RESOLVED accepts the bid of Petro that the Town Board of the Town of Southold hereby Commercial Services, at a price of $0.1285 fixed differential over the Northville Rack Price, for supplying the Town of Southold with ultra low diesel fuel for the 2007 calendar year, all in accordance with the Town Attorney. ? Vote Record - Resolution RES-2006-974 Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Seconder ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ?????????? Defeated Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Initiator ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2006-975 CATEGORY: Attend Seminar DEPARTMENT: Police Dept Page 25 December 19, 2006 Minutes Town of Southold Board Meeting Grant Permission to Police Officer Peter DiCandia to Attend MAGLOCLEN Training In Newtown, Pennsylvania, February 6 Through 7, 2007 RESOLVED grants permission to Police that the Town Board of the Town of Southold hereby Officer Peter DiCandia to attend a training seminar sponsored by MAGLOCLEN in Newton, Pennsylvania commencing on February 6 through February 7, 2007. There will be no expense to the Town for attendance at this seminar. ? Vote Record - Resolution RES-2006-975 Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Initiator ? Adopted ???????? William P. Edwards Seconder ?? Adopted as Amended ???????? ??Daniel C. Ross Voter Defeated ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2006-976 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Land Preservation Engage the Professional Services of the Peconic Land Trust, Incorporated to Perform Conservation Planning, Acquisition, and Professional Services Related to the Town’s Land Preservation Efforts, and Authorizes the Supervisor to Sign the Agreement Between the Peconic Land Trust, Incorporated and the Town of Southold RESOLVED engages the professional that the Town Board of the Town of Southold hereby services of the Peconic Land Trust, Incorporated to perform Conservation Planning, Acquisition, and Professional Services related to the Town’s land preservation efforts, and authorizes the Supervisor to sign the agreement between the Peconic Land Trust, Incorporated and the Town of Southold, subject to review of the contract language by the Town Attorney. Compensation shall not exceed sixty thousand ($60,000.00) dollars and the contract term shall be from January 1, 2007 to December 31, 2007. ? Vote Record - Resolution RES-2006-976 Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Initiator ?? Adopted as Amended ?????????? Defeated Daniel C. Ross Seconder ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter Page 26 December 19, 2006 Minutes Town of Southold Board Meeting 2006-977 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Land Preservation Engage the Professional Services of the Peconic Land Trust, Incorporated to Perform Stewardship Services Related to the Town’s Land Preservation Efforts, and Authorizes the Supervisor to Sign the Agreement Between the Peconic Land Trust, Incorporated and the Town of Southold RESOLVED engages the professional that the Town Board of the Town of Southold hereby services of the Peconic Land Trust, Incorporated to perform Stewardship Services related to the Town’s land preservation efforts, and authorizes the Supervisor to sign the agreement between the Peconic Land Trust, Incorporated and the Town of Southold , subject to review of the contract language by the Town Attorney. Compensation shall not exceed fifty-five thousand ($55,000.00) dollars and the contract term shall be from January 1, 2007 to December 31, 2007. ? Vote Record - Resolution RES-2006-977 Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Seconder ?? Adopted as Amended ?????????? Defeated Daniel C. Ross Initiator ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2006-978 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Land Preservation Engage the Professional Services of the Nature Conservancy to Perform Conservation Planning, Acquisition, and Professional Services Related to the Town’s Land Preservation Efforts Within the Pipes Cove Area, and Authorizes the Supervisor to Sign the Agreement Between the Nature Conservancy and the Town of Southold RESOLVEDengages the professional that the Town Board of the Town of Southold hereby services of The Nature Conservancy to perform Conservation Planning, Acquisition, and Professional Services related to the Town’s land preservation efforts within the Pipes Cove area, and authorizes the Supervisor to sign the agreement between The Nature Conservancy and the Town of Southold , subject to review of the contract language by the Town Attorney. Compensation shall be for direct travel expenses and for employee time at an Page 27 December 19, 2006 Minutes Town of Southold Board Meeting hourly rate and shall not exceed fifteen thousand ($15,000.00) dollars, and the contract term shall be from January 1, 2007 to December 31, 2007. ? Vote Record - Resolution RES-2006-978 Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ?????????? Defeated Daniel C. Ross Voter ?????????? Tabled Thomas H. Wickham Seconder ?? Withdrawn ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter 2006-979 CATEGORY: Budget Modification DEPARTMENT: Recreation Modify the General Fund Whole Town 2006 Budget - Recreation RESOLVEDmodifies the General Fund that the Town Board of the Town of Southold hereby Whole Town 2006 budget as follows: TO: A7020.1.100.100 Recreation FT Regular Earnings 925.00 A7020.4.100.100 Office Supplies 6.14 A7020.4.500.420 Youth Program Instructors 345.28 A7180.4.100.100 Lifeguard Supplies 958.08 FROM: A7020.4.100.150 Youth Program Supplies 200.00 A7020.4.400.600 Equipment Maintenance/Repairs 402.05 A7020.4.600.300 Travel Reimbursement 357.45 A7180.4.200.100 Beaches-Telephone 250.00 A7180.4.200.400 Beaches-Utilities-Water 100.00 A9010.8.000.000 NYS Retirement System 925.00 ? Vote Record - Resolution RES-2006-979 Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ???????? ??Daniel C. Ross Voter Defeated ?? Tabled ???????? Thomas H. Wickham Initiator ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Scott Russell Voter 2006-980 CATEGORY: Budget Modification DEPARTMENT: Police Dept Page 28 December 19, 2006 Minutes Town of Southold Board Meeting Modify the 2006 General Fund Whole Town Budget - Police RESOLVEDmodifies the 2006 General that the Town Board of the Town of Southold hereby Fund Whole Town 2006 budget as follows: From: A.3020.4.100.550 Equipment Parts/Supplies $ 600.00 A.3020.4.400.600 Equipment Maint & Repairs 2000.00 A.3020.4.600.200 Meetings & Seminars 200.00 A.3020.4.600.300 Travel 100.00 A.3120.2.300.100 Automobiles 500.00 A.3120.2.500.500 Paper Shredder 434.46 A.3120.2.500.700 Soft Body Armor 623.04 A.3120.2.500.800 Light Bars 2000.00 A.3120.2.500.850 Traffic Cones 382.57 A.3120.2.500.900 Photo Equipment 500.00 A.3120.4.100.100 Office Supplies & Station 1130.07 A.3120.4.100.125 Law Book Service 390.97 A.3120.4.100.750 K9 Food/Vet Bills 1200.00 A.3120.4.100.500 Motor Vehicle Tires 483.02 A.3130.2.300.100 Automobiles/Light Trucks 1464.12 A.3130.2.300.200 Boats 83.00 A.3130.2.300.300 Boat Engines 352.13 A.3130.2.400.300 Dry Suits/Dive Equipment 593.00 A.3130.2.400.400 Buoys 401.51 A.3130.4.400.700 Dock Rental 2425.00 To: A.3020.4.100.600 Uniforms & Accessories $ 1835.90 A.3020.4.200.100 Telephones 7316.70 A.3020.4.600.400 Training 109.07 A.3120.2.500.600 Weapons 2.00 A.3120.4.400.400 Laundry & Dry Cleaning 4339.65 A.3120.4.500.200 Interpreter Service 1013.75 A.3130.2.400.150 Light Bars 541.64 A.3130.2.500.200 Radio Equipment 247.50 A.3130.4.100.200 Gasoline & Oil 210.73 A.3130.4.100.600 Uniforms & Accessories 20.70 A.3157.4.600.100 Promotional Handouts 225.25 Page 29 December 19, 2006 Minutes Town of Southold Board Meeting ? Vote Record - Resolution RES-2006-980 Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Initiator ? Adopted ???????? William P. Edwards Seconder ?? Adopted as Amended ???????? ??Daniel C. Ross Voter Defeated ?????????? Tabled Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2006-981 CATEGORY: Budget Modification DEPARTMENT: Town Clerk Modify the 2006 Historic Preservation Commission General Fund Whole Town Budget RESOLVEDmodifies the 2006 Historic that the Town Board of the Town of Southold hereby Preservation Commission General Fund Whole Town budget as follows: From: A.7520.4.400.100 Historic Preservation Commission $700.00 Contractual Expense Contracted Services Public Information To: A.7520.1.200.100 Historic Preservation Commission $700.00 Personal Services Part Time Employees Regular Earnings ? Vote Record - Resolution RES-2006-981 Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Initiator ?? Adopted as Amended ???????? ??Daniel C. Ross Voter Defeated ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Scott Russell Voter 2006-982 CATEGORY: Employment - Town DEPARTMENT: Accounting Promote Mark Terry to the Position of a Provisional Principal Planner RESOLVEDpromotes Mark Terry to that the Town Board of the Town of Southold hereby the position of a Provisional Principal Planner for the Southold Town Planning Board, Page 30 December 19, 2006 Minutes Town of Southold Board Meeting effective January 1, 2007, at a rate of $65,548.29 per annum. ? Vote Record - Resolution RES-2006-982 Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ???????? ??Daniel C. Ross Initiator Defeated ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Scott Russell Voter 2006-983 CATEGORY: Sanitary Flow Credits DEPARTMENT: Town Clerk Place 3.74 (Three and Seventy-Four Hundredths) Sanitary Flow Credits Into the Town TDR Bank From the Town’s Fee Title Purchase of the Property Owned by J. Myron Young, Susan Y. Pauley and Roger H. Young WHEREAS , on November 30, 2006, the Town of Southold purchased Fee Title to the parcel owned by J. Myron Young, Susan Y. Pauley and Roger H. Young; and WHEREAS , said property is identified as SCTM#1000-125-1-6.3 and is located on the n/s Route 25, Laurel, New York; and WHEREAS , said property is 10.6837 acres, as per a survey prepared by Peconic Surveyors, P.C., dated August 16, 2006; and WHEREAS , said property is located within the Agricultural-Conservation (A-C) Zoning District; and WHEREAS , said property is located within the Mattituck-Cutchogue School District; and WHEREAS , the deed recorded as part of the purchase prohibits the use of the property for any residential, commercial or industrial uses and prohibits the use of the property for anything other than open space; and Page 31 December 19, 2006 Minutes Town of Southold Board Meeting WHEREAS , as per Section 117-5 (Determination of Sanitary Flow Credit to be Deposited in the TDR Bank) of the Town Code, the Land Preservation Coordinator provided the Town Board with a calculation of the sanitary flow credits available for transfer from the above-mentioned parcel prior to the Town Board public hearing on the purchase; and WHEREAS , the Land Preservation Coordinator provided the Town Board with a final calculation of the sanitary flow credits available for transfer from the above-mentioned parcel following the closing on the parcel; and WHEREAS , 3.74 (three and seventy-four hundredths) sanitary flow credits are available to be placed into the Town TDR Bank as a result of this purchase; be it therefore RESOLVED3.74 (three and that the Town Board of the Town of Southold hereby places seventy-four hundredths) sanitary flow credits into the Town TDR Bank from the Town’s fee title purchase of the property owned by J. Myron Young, Susan Y. Pauley and Roger H. Young ; and, be it FURTHER RESOLVED that the Town Clerk shall enter this transfer of 3.74 (three and seventy-four hundredths) sanitary flow credits into the Sanitary Flow Credit Log; and, be it FURTHER RESOLVED that the Town Clerk shall forward this resolution to the Tax Assessors Office, the Land Preservation Department, the Special Projects Coordinator and the Planning Department for inclusion into the Town database and GIS system. ? Vote Record - Resolution RES-2006-983 Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ???????? ??Daniel C. Ross Voter Defeated ?? Tabled ???????? Thomas H. Wickham Seconder ?? Withdrawn ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter 2006-984 CATEGORY: Performance Bond Page 32 December 19, 2006 Minutes Town of Southold Board Meeting DEPARTMENT: Town Clerk Accept the Site Improvement Performance Bond No. 1926N Issued by the The Service Insurance Company, Inc. In the Amount of $284,165.00 for the Cottages At Mattituck RESOLVEDaccepts the Site that the Town Board of the Town of Southold hereby Improvement Performance Bond No. 1926N issued by the The Service Insurance Company, Inc. in the amount of $284,165.00 for The Cottages at Mattituck , SCTM #1000- 122-2-23.1, located on the s/s/o Sound Avenue and the w/s/o Factory Avenue in Mattituck, as recommended by the Southold Town Planning Board, all in accordance with the approval of the Town Attorney. ? Vote Record - Resolution RES-2006-984 Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Seconder ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ???????? ??Daniel C. Ross Voter Defeated ?? Tabled ???????? Thomas H. Wickham Initiator ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2006-985 CATEGORY: Budget Modification DEPARTMENT: Police Dept Budget Modification to the 2006 General Fund Whole Town Budget - Police RESOLVEDmodifies the 2006 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: From: A.3120.4.100.600 Uniforms & Accessories $1700.00 To: A.3120.4.400.650 Vehicle Maintenance & Repairs $1700.00 ? Vote Record - Resolution RES-2006-985 Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Initiator ? Adopted ???????? William P. Edwards Seconder ?? Adopted as Amended ???????? ??Daniel C. Ross Voter Defeated ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter Page 33 December 19, 2006 Minutes Town of Southold Board Meeting 2006-986 CATEGORY: Budget Modification DEPARTMENT: Land Preservation Modify the Community Preservation Fund Budget 2006 RESOLVEDhereby modifies the 2006 that the Town Board of the Town of Southold Community Preservation Fund budget as follows: To: Revenues: H3.5990.00 Appropriated Fund Balance $ 1,600,000.00 To: Appropriations: H3.8660.2.600.100 Land Acquisitions $ 1,594,000.00 H3.1620.1.100.100 Personal Services Regular Earnings $ 6,000.00 ? Vote Record - Resolution RES-2006-986 Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Seconder ? Adopted ???????? William P. Edwards Initiator ?? Adopted as Amended ???????? ??Daniel C. Ross Voter Defeated ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2006-987 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Land Preservation Engage the Professional Services of Mary C. Wilson, Esquire, to Provide Legal Counsel to the Land Preservation Committee WHEREAS , the Land Preservation Committee has made a recommendation to the Town Board that the Town Board engage outside legal counsel to prepare contracts for and to provide legal services with regard to open space acquisitions; and, WHEREAS, funding for such legal counsel is provided for and will be charged to the appropriate Community Preservation Fund budget line; now, therefore, be it Page 34 December 19, 2006 Minutes Town of Southold Board Meeting RESOLVEDengages the professional that the Town Board of the Town of Southold hereby services of Mary C. Wilson, Esquire, to provide legal counsel to the Land Preservation Committee at an hourly rate of $195.00 per hour to prepare contracts for and to provide legal services with regard to open space acquisitions. Additional expenses subject to reimbursement shall include travel time, long distance telephone calls, telecopies, photocopying and printing fees. ? Vote Record - Resolution RES-2006-987 Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Initiator ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ???????? ??Daniel C. Ross Initiator Defeated ?????????? Tabled Thomas H. Wickham Seconder ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2006-988 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Land Preservation Engage the Professional Services of Lisa Clare Kombrink, Esquire, to Provide Legal Counsel to the Land Preservation Committee WHEREAS , the Land Preservation Committee has made a recommendation to the Town Board that the Town Board engage outside legal counsel to prepare contracts for and to provide legal services with regard to farmland acquisitions; and, WHEREAS, funding for such legal counsel is provided for and will be charged to the appropriate Community Preservation Fund budget line; now, therefore, be it RESOLVEDengages the professional that the Town Board of the Town of Southold hereby services of Lisa Clare Kombrink, Esquire, to provide legal counsel to the Land Preservation Committee at an hourly rate of $195.00 per hour, and $90.00 per hour for paralegal assistance, to prepare contracts for and to provide legal services with regard to farmland acquisitions. Additional expenses subject to reimbursement shall include travel time, long distance telephone calls, telecopies, photocopying and printing fees. Page 35 December 19, 2006 Minutes Town of Southold Board Meeting ? Vote Record - Resolution RES-2006-988 Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ???????? ??Daniel C. Ross Voter Defeated ?????????? Tabled Thomas H. Wickham Seconder ?? Withdrawn ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter 2006-989 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint Melanie Doroski to the Position of a Senior Administrative Assistant RESOLVEDappoints Melanie Doroski that the Town Board of the Town of Southold hereby to the position of a Senior Administrative Assistant for the Land Preservation Department, effective January 1, 2007, placing her on Step 5 of the Senior Administrative Assistant 2007 salary scale (see resolution 954), at an annual salary of $54,927.24. ? Vote Record - Resolution RES-2006-989 Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ???????? ??Daniel C. Ross Voter Defeated ?? Tabled ???????? Thomas H. Wickham Initiator ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Scott Russell Voter 2006-990 CATEGORY: Retirement/Resignation DEPARTMENT: Town Clerk Amanda Nunemaker Resignation RESOLVEDaccepts the resignation of that the Town Board of the Town of Southold hereby Amanda Nunemaker from the position of part-time Clerk Typist in the Assessors’ Department , effective January 19, 2007. ? Vote Record - Resolution RES-2006-990 Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Initiator ? Adopted ???????? William P. Edwards Seconder ?? Adopted as Amended ?????????? Defeated Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter Page 36 December 19, 2006 Minutes Town of Southold Board Meeting 2006-991 CATEGORY: Bid Acceptance DEPARTMENT: Town Clerk Accept the Bid of Burt’s Reliable to Supply the Town with #2 Fuel Oil RESOLVED accepts the bid of Burt’s that the Town Board of the Town of Southold hereby Reliable to supply the town with #2 Fuel Oil in the amount of $0.1400 above Northville Industries wholesale price on date of delivery, all in accordance with the Town Attorney. ? Vote Record - Resolution RES-2006-991 Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Seconder ? Adopted ???????? William P. Edwards Initiator ?? Adopted as Amended ?????????? Defeated Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2006-992 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Clerk Authorize and Direct Supervisor Scott A. Russell to Execute an Agreement Between the Five East End Towns Regarding a Grant for a Coordinated Rail-Bus Network Study In the Amount of $6450.00 RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an agreement between the Five East End Towns regarding aGrant for a Coordinated Rail-Bus Network Study, with a financial contribution by Southold Town in the amount of $6450.00 , all in accordance with the approval of the Town Attorney. ? Vote Record - Resolution RES-2006-992 Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ???????? ??Daniel C. Ross Initiator Defeated ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Scott Russell Voter 2006-993 CATEGORY: Consulting DEPARTMENT: Town Attorney Page 37 December 19, 2006 Minutes Town of Southold Board Meeting Hereby Authorizes and Directs Supervisor Scott A. Russell to Execute L.K. McLean Associates’ Cost Proposal Dated December 12, 2006 RESOLVEDhereby authorizes and directs that the Town Board of the Town of Southold Supervisor Scott A. Russell to execute L.K. McLean Associates’ Cost Proposal dated December 12, 2006 , for engineering services in connection with performing a Phase II Environmental Review of the Scavenger Waste Facility, in an amount not to exceed $32,140.00, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2006-993 Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ?????????? Defeated Daniel C. Ross Voter ?????????? Tabled Thomas H. Wickham Seconder ?? Withdrawn ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter 2006-994 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorize and Direct Supervisor Scott Russell to Execute an Employment Contract Between Police Chief Carlisle Cochran and the Town of Southold RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott Russell to execute an employment contract between Police Chief Carlisle Cochran and the Town of Southold , subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2006-994 Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ???????? ??Daniel C. Ross Seconder Defeated ?? Tabled ???????? Thomas H. Wickham Initiator ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2006-995 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney Set January 16, 2007 At 7:35 Pm, Southold Town Hall, As the Time and Place for a Public Hearing on a Local Law In Relation to Establishment of a Youth Bureau In the Town of Southold Page 38 December 19, 2006 Minutes Town of Southold Board Meeting WHEREAS , there has been presented to the Town Board of the Town of Southold, Suffolk “A Local Law in County, New York, on the 19th day of December, 2006, a Local Law entitled relation to Establishment of a Youth Bureau in the Town of Southold” , now, therefore, be it RESOLVEDwill hold a public hearing on the , that the Town Board of the Town of Southold aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, th on the 16 day of January, 2007, at 7:35 p.m. at which time all interested persons will be given an opportunity to be heard. “A Local Law in relation to Establishment of a Youth The proposed Local Law entitled Bureau in the Town of Southold” reads as follows: LOCAL LAW NO. _________ 2007 “A Local Law in relation to Establishment of a Youth Bureau in the A Local Law entitled Town of Southold” . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. A new Chapter 68 of the Code of the Town of Southold is hereby adopted as follows: §68-1 Legislative Intent. It is the intent of the Town Board of the Town of Southold in enacting a local law to promote the positive development of youth through establishing a Youth Bureau. The Youth Bureau will seek to promote and enhance the physical, mental and social well-being of youth in the Town of Southold. Through collaboration and partnerships with youth, parents, schools, libraries, faith-based institutions and agencies that serve youth, the Youth Bureau will foster proactive planning and coordination of services and programs to address the many needs of youth and their families. Page 39 December 19, 2006 Minutes Town of Southold Board Meeting §68-2 Definitions. For the purposes of this Local Law, the following words and phrases shall be given meanings indicated herein: YOUTH shall mean any person under the age of twenty-one (21). YOUTH SERVICE PROJECT shall mean any organized activity (other than recreation) directed towards the positive development of youth that is under the auspices of the Town of Southold or any governmental subdivision or agency thereof. §68-3 Youth Bureau Created. This is hereby created the Youth Bureau of the Town of Southold that shall be comprised of a Youth Board (herein referred to as the “Board”) and Director (hereinafter referred to as the “Director”). The Youth Bureau shall be a division within the Department of Human Services. As an administrative component within the Department, the Youth Bureau will develop a comprehensive needs assessment of local youth with a strategic plan to address those needs. §68-4 Director. A. The Director shall be the principle office and administrative head of the Youth Bureau. The Director will report directly to the Town Board. Initially, the position of Director will serve part-time in its capacity to organize efforts to promote positive youth development. The Special Projects Coordinator will assume responsibility as Youth Bureau Director. B. Duties of Director. The Director shall be responsible for the administration of the Youth Bureau that will include; scheduling meetings, disseminating minutes, developing and updating the needs assessment and coordinating partnerships to address the needs of youth. The director will be responsible for establishing a resource directory and providing “user-friendly” information regarding youth services and youth service projects on the Town’s website. In addition, the Director will prepare the annual budget of the Youth Bureau and provide the Town Board with an annual report of activities associated with the Youth Bureau. Page 40 December 19, 2006 Minutes Town of Southold Board Meeting §68-5 Youth Board. A. Composition. The Youth Board shall serve as an advisory body for the Youth Bureau and consist of no less than 13 members and no more than 28 members. Youth Board members will serve without compensation and will be appointed by the Town Board. The Youth Board shall reflect a balance between government and public representation and include a minimum of two youth. Lay citizens shall comprise at least fifty percent of the Youth Bureau and membership shall reflect a demographic and geographic diversity within the Town. Lay citizens with a vested or pecuniary interest in youth services or recreation programs shall be ineligible to serve on the Youth Board. B. Powers and Duties. The Board shall be an advisory body and shall cooperate with the Director to accomplish the following functions: 1. Facilitate cooperation and partnerships between human service providers, police, schools, faith-based institutions, service clubs, local employment programs, private agencies and recreational programs to better address the needs of youth. 2. Compilation and analysis of data and trends including demographics, incidences of youth crime and delinquency as well as any other factors that impede the positive development of youth. 3. Development of an on-going comprehensive needs assessment to illustrate existing resources and the unmet needs of youth in the Town of Southold. 4. Research and analysis of grants from federal, state, county and private foundations that may assist to promote positive youth development. 5. Recommendation of educational programs and youth service projects to foster youth development. 6. Formulation and adoption of rules and by-laws governing the activities of the Youth Board. Page 41 December 19, 2006 Minutes Town of Southold Board Meeting 7. Compliance with all laws and regulations adopted by the State of New York with reference to the advancement of youth, including, but not limited to the “Youth Commission Law” of the Executive Law and the General Municipal Law of New York. The Youth Board shall meet a minimum of once a month. C. Terms of Appointment. 1. One-half of the total number of Youth Board members first appointed by the Town Board shall be appointed for a term of one (1) year from the date of their appointments. The remaining one-half of the total number shall be appointed for a term of two (2) years. 2. Successors to Youth Board positions shall be appointed for a term of two (2) years after the expiration of their predecessors. 3. No member may continue to serve on the Youth Board beyond the expiration of his/her term unless reappointed by the Town Board. D. Removal of Youth Board Members. 1. The Town Board may remove members of the Youth Board for cause. 2. Any Youth Board member who is absent from three (3) consecutive scheduled Youth Board meetings, without previously advising the Director of his/her intended absence, such member shall be removed from the Youth Board. II. 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, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered. III. EFFECTIVE DATE. Page 42 December 19, 2006 Minutes Town of Southold Board Meeting This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ? Vote Record - Resolution RES-2006-995 Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Initiator ? Adopted ???????? William P. Edwards Seconder ?? Adopted as Amended ?????????? Defeated Daniel C. Ross Voter ?????????? Tabled Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2006-996 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney Set January 16, 2007 At 7:40 Pm, Southold Town Hall As the Time and Place to Hold a Pulbic Hearing on “A Local Law In Relation to the Size, Height and Setbacks for Accessory Buildings” WHEREAS , there has been presented to the Town Board of the Town of Southold, Suffolk th “A Local Law in County, New York, on the 19 day of December, 2006 a Local Law entitled relation to the Size, Height and Setbacks for Accessory Buildings” now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the th 16 day of January 2007 at 7:40 p.m. at which time all interested persons will be given an opportunity to be heard. “A Local Law in relation to the Size, Height and Setbacks The proposed local law entitled, for Accessory Buildings” 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 Southold, as follows: Page 43 December 19, 2006 Minutes Town of Southold Board Meeting I. Purpose- The purpose of this Local Law is to establish clear standards governing the maximum height, size and setbacks for accessory buildings and other accessory structures, in order to further preserve the character of single-family neighborhoods. 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 OR MANSARD ROOF—Any roof that has a pitch of less than 3:12. HEIGHT OF BUILDING, ACCESSORY -- 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 roof for flat and mansard roofs and to the mean height between eaves and ridge for other type roofs. , and to the highest point of the ridge for sloping and other type roofs. SLOPING ROOF—Any roof that has a pitch equal to or greater than 3:12. § 280-15. Accessory buildings and structures. 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 with a flat or mansard roof shall not exceed eighteen (18) sixteen (16) feet in height and shall be set back at the minimum required for a sloping roof. B. Buildings with a sloping roof shall be subject 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 Setbacks. [Amended 7-17-1990 by L.L. No. 14-1990; 2-5-1991 by L.L. No. 2-1991] Page 44 December 19, 2006 Minutes Town of Southold Board Meeting (1) On lots containing up to twenty thousand (20,000) square feet, such buildings shall be set back no less than three (3) feet from any lot line. (2) On lots containing more than twenty thousand (20,000) square feet up to thirty-nine thousand nine hundred ninety-nine (39,999) square feet, such buildings shall be set back no less than five (5) feet from any lot line. (3) On lots containing in excess of thirty-nine thousand nine hundred ninety-nine (39,999) square feet up to seventy-nine thousand nine hundred ninety-nine (79,999) square feet, such buildings shall be set back no less than ten (10) feet from any lot line. (4) On lots containing in excess of seventy-nine thousand nine hundred ninety-nine (79,999) square feet, such buildings shall be set back no less than twenty (20) feet from any lot 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 three percent (3%) of the total size of the parcel. D. Dormers are permitted on accessory buildings up to forty (40%) percent of the roof width. E. Any accessory structure that is not a building shall not exceed eighteen (18) feet in height, and shall be set back at the minimum required in Section B above. . C.F. In the case of a waterfront parcel, accessory buildings and structures may be located in the front yard, provided that such buildings and structures meet the front-yard principal setback requirements as set forth by this Code, and the side yard setback requirements for accessory buildings in Section B above. 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 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 by law. Strike-through represents deletion. Underline represents insertion. Page 45 December 19, 2006 Minutes Town of Southold Board Meeting ? Vote Record - Resolution RES-2006-996 Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Seconder ?? Adopted as Amended ???????? ??Daniel C. Ross Initiator Defeated ?????????? Tabled Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2006-997 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney Set January 16, 2007 At 7:45 Pm At Southold Town Hall As the Time and Place for a Public Hearing on a Local Law In Relation to Increasing the Penalties In the Southold Town Code WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk th “A Local Law in County, New York, on the 19 day of December, 2006, a Local Law entitled relation to Increasing the Penalties in the Southold Town Code” and RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the th 16 day of January, 2007 at 7:45 p.m. , at which time all interested persons will be given an opportunity to be heard. “A Local Law in relation to Increasing the Penalties in the The proposed Local Law entitled, Southold Town Code” reads as follows: LOCAL LAW NO. 2006 “A Local Law in relation to Increasing the Penalties in the Southold A Local Law entitled, Town Code” . BE IT ENACTED by the Town Board of the Town of Southold as follows: Section 1. 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 Page 46 December 19, 2006 Minutes Town of Southold Board Meeting 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 unpermitted and/or illegal activity and as a punitive response where warranted. Section II. Code Amendments. Boats, Docks and Wharves § 96-16. Regulation of personal watercraft and specialty prop-craft. [Added 4-6-1993 by L.L. No. 4-1993] areas or sites. I. All persons operating a personal watercraft or a specialty prop-craft must comply with all applicable provisions of New York State Navigation Law §49 § 96-33. Compliance required; penalties for offenses. A. It shall be unlawful for any owner, occupant, builder, architect, contractor or their agents or any person to fail to comply with any provisions of this chapter or to fail in any manner to comply with a written notice, directive or order of the Bay Constable or to conduct any operation in a manner not in compliance with a permit issued pursuant to this chapter. [Added 3-22-1988 by L.L. No. 3-1988] B. For every offense against any of the provisions of this chapter or any regulations made pursuant thereto or failure to comply with a written notice or order of the Bay Constable 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 the Bay Constable shall, to upon conviction thereof, be guilty of a violation punishable by a fine not exceeding $250 exceed five hundred ($500.) dollars or by imprisonment for a period not to exceed six months, or by both such fine and imprisonment. Each day's continued offense shall constitute a separate, additional violation. Burning, Outdoor § 104-5. Penalties for offenses. [Amended 7-31-1973 by L.L. No. 1-1973] Any person committing an offense against any provision of this chapter shall, upon conviction to exceed five hundred thereof, be guilty of a violation punishable by a fine not exceeding $250 ($500.) dollars or by imprisonment for a term not exceeding 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 continued, a separate and distinct offense hereunder. Filming § 139-14. Penalties for offenses. A. Any action by any person, organization, corporation, group or other entity which violates or does not comply with any provision of this chapter shall be punishable by a fine of not less Page 47 December 19, 2006 Minutes Town of Southold Board Meeting $2500 than $100 and not more than $1,000 , and, in addition, anyone convicted hereunder of not complying with the requirements of § 139-4 and/or § 139-5 may be subject to a fine of not less than the amount of the actual costs incurred and owed to the Town, and not more than an amount to twice said actual costs. B. Each continuing day of violation of this chapter shall constitute a separate offense. C. In addition to the above provided penalties, the Town may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with, or to restrain by injunction the violation of this chapter. Harbor Management § 157-14. Penalties for offenses. A. It shall be unlawful for any person or agent of any person to fail to comply with any provision of this article or to fail in any manner to comply with a written notice, directive or order of the Bay Constables or to conduct any operation in a manner not in compliance with a permit issued pursuant to this article. B. For every offense against any of the provisions of this law or any regulations made pursuant thereto or failure to comply with a written notice or order of the Bay Constables within the time fixed for compliance therewith, any person, or any other person or agent of such 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 the Bay Constables shall, upon conviction thereof, be guilty of a five hundred ($500.) dollars violation punishable by a fine not exceeding $250 or by imprisonment for a period not to exceed six months, or by both such fine and imprisonment. Each day's continued offense shall constitute a separate, additional violation. Junkyards 166-8. Penalties for offenses. [Amended 7-31-1973 by L.L. No. 1-1973] A. The owner or licensee of any such place of business who commits or permits the commission of any offense against any of the provisions of this chapter shall be deemed to have committed a violation and shall be liable for any such offense or the penalty therefor. Each day such offense shall continue or be permitted to exist shall constitute a separate offense. B. For every offense against any provision of this chapter, the person committing the same not to exceed two shall, upon conviction thereof, be subject to a fine of not more than $250 thousand five hundred ($2500) dollars or imprisonment not exceeding 15 days, or both such fine and imprisonment. C. Conviction for any above-mentioned offense shall constitute and effect an immediate forfeiture of the license. D. Any person committing an offense against this chapter shall, upon conviction thereof, be subject to a civil penalty enforceable and collectible by the Town in the amount of $100 for each such offense. Such penalty shall be collectible by and in the name of the Town for each day that such offense shall continue. E. In addition to the above-provided penalties and punishment, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the offense against such chapter. Littering Page 48 December 19, 2006 Minutes Town of Southold Board Meeting § 174-7. Penalties for offenses. Any person committing an offense against any of the provisions of this chapter shall be to exceed five hundred ($500.) punished, upon conviction, by a fine not exceeding $250 dollars or by imprisonment not exceeding 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 continued, a separate and distinct offense hereunder. Public Entertainment and Special Events § 205-1. Certain entertainment restricted; permit required. D. Applications for approval of any temporary structurestents under this chapter must be submitted to the Building Department. Salvaging Centers § 211-6. Penalties for offenses. The permittee who commits or permits the commission of any violation of the permit or of the Town Code shall be deemed to have committed a violation and shall be liable for any such any person committing an offense of any provision of this offense or the penalty therefor chapter shall be guilty of a violation, and be subject to a fine not to exceed two thousand five hundred ($2500.) dollars, or a period of imprisonment not to exceed fifteen (15) days or both such fine and imprisonment . Each day such offense shall continue or be permitted to exist an additional shall constitute a separate offense. Sewers and Sewage Disposal Part 1 § 215-32. Compliance required; penalties for offenses. A. It shall be unlawful for any carter, owner, occupant, builder, architect, contractor or their agents or any other person to fail to comply with a written notice, directive or order of the Inspector or to conduct any operation in a manner not in compliance with a permit issued pursuant to this Part 1. [Added 3-22-1988 by L.L. No. 4-1988] B. For each offense against any of the provisions of this Part 1 or any regulation made pursuant thereto or failure to comply with a written notice or order of the Inspector within the time fixed for compliance therewith, the carter, 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 the Inspector shall, upon a an offense first conviction thereof, be guilty of a violation punishable by a fine of not exceeding not to exceed five thousand ($5000.) dollars $500or imprisonment for a period not to exceed 15 days, or both. Each day on which such violation shall occur shall constitute a separate, 36 additional offense. For a second and subsequent conviction within 18 months thereafter, such to exceed seven person shall be guilty of a violation punishable by a fine not exceeding $1,500 thousand five hundred ($7500.) dollars or imprisonment for a period not to exceed 15 days, or both such fine and imprisonment. C. In addition to the above-provided penalties, the Board may also maintain an action or proceeding in the name of the District, in a court of competent jurisdiction, to compel compliance with or to restrain any injunction the violation of this Part 1. Page 49 December 19, 2006 Minutes Town of Southold Board Meeting Part 2 § 215-45. Penalties for offenses; disconnection. A. Any person found to be violating any provision of this Part 2 except § 215-40 shall be served by the District with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. B. Any person who shall violate any provision of this Part 2 shall be fined not more than guilty of an offense punishable by a fine not $100 or imprisoned not more than 30 days or both to exceed five thousand ($5000.) dollars or imprisonment for a period not to exceed 15 days, or both such fine and imprisonment . Each day that any violation of this Part 2 continues and each day that any person continues to discharge prohibited wastes or substances into any and additional public sewer shall be deemed to be a separate offense for the purpose of applying the penalty provided in this section. C. Any person who fails to cease and desist violation of this Part 2 upon notification thereof may, after the period of time stated in the notice for correction thereof, be disconnected from the not less than public sewer system. Notice of disconnection shall be served by the District 10 days prior to the actual disconnection. Shellfish §219-21. Penalties for offenses. [Amended 7-31-1973 by L.L. No. 1-1973] A. Any person convicted of an offense against any provision of this article shall be deemed to have committed a violation against such article and also shall be liable for any such offense or penalty therefor. B. For every offense against any provision of this article, the person committing the same not to exceed five hundred ($500.) dollars shall be subject to a fine of not more than $250 or imprisonment not exceeding 15 days, or both such fine and imprisonment. C. A second conviction for an offense against any of the provisions of this article within a period of one year shall constitute and effect an immediate forfeiture of a permit issued to such person. No new permit shall be issued to such person for at least one year after such forfeiture. D. Any person committing an offense against this article shall be subject to a civil penalty enforceable and collectible by the Town for each such offense. Such penalty shall be collectible by and in the name of the Town. E. In addition to the above-provided penalties and punishment, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the offense against this article. Subdivision of Land Any person in any provision of § 240-60. Penalties for Offenses. A violation ofthis chapter guilty of a violation shall be punishable by a fine not exceeding that permitted by § 268 of New to exceed ten thousand ($10,000.) dollars or a period of incarceration York State Town Law not to exceed 15 days or both such fine and imprisonment. . Each week's continued violation shall constitute a separate additional violation. Page 50 December 19, 2006 Minutes Town of Southold Board Meeting This Local Law shall supercede and suspend those provisions of the Town Law Section 268(1) of the State of New York which pertain to the amount of the fines assessed and/or the terms of imprisonment imposed for a violation of this Chapter, or subsequent violations of this Chapter. Taxation § 245-5. Penalties for offenses. person that knowingly makes a Any conviction of having made any willful false statement in an under this chapter, or who knowingly allows a person the application for such exemption to make a false statement in an application under this chapter and which application is filed with the appropriate assessing authorityguilty of a violation shall be punishable by a to exceed one thousand ($1000.) dollars or a period of fine of not more than $100 incarceration not to exceed 15 days or both such fine and imprisonment. Upon conviction under this chapter, the person shall be and shall disqualify the applicant or applicants disqualified applying for an under this chapter from further exemption for a period of five from the date of conviction years. Tobacco Advertising . Penalties for offenses. 249-6.Injunctions Any person in violation of any provision of this chapter is guilty of an offense punishable by a fine not to exceed one thousand five hundred ($1500.) dollars or a period of incarceration not to exceed 15 days or both such fine and imprisonment. In addition to any other remedy provided by law, the Town may bring an injunction proceeding . to enforce this chapter Tourist and Trailer Camps § 253-19. Penalties for offenses. [Amended 7-31-1973 by L.L. No. 1-1973] A. Any person committing an offense against any provision of this article shall, upon to exceed conviction thereof, be guilty of a violation punishable by a fine not exceeding $250 one thousand ($1000.) dollars or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this article additional shall constitute, for each day the offense is continued, a separate and distinct offense hereunder. B. In addition to the above-provided penalties, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this article. 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 Page 51 December 19, 2006 Minutes Town of Southold Board Meeting This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ? Vote Record - Resolution RES-2006-997 Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Seconder ?? Adopted as Amended ???????? ??Daniel C. Ross Initiator Defeated ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2006-998 CATEGORY: Seqra DEPARTMENT: Town Attorney Finds that the Adoption of the Local Law Entitled “A Local Law In Relation to Amendments to Chapter 144” is Classified As a Type II Action Pursuant to SEQRA Rules and Regulations RESOLVEDfinds that the adoption of that the Town Board of the Town of Southold hereby the local law entitled “A Local Law in relation to Amendments to Chapter 144” 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-2006-998 Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Seconder ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ???????? ??Daniel C. Ross Voter Defeated ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter 2006-999 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact the 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 Southold, Suffolk st “A Local Law in County, New York, on the 21 day of November, 2006 a Local Law entitled relation to Amendments to Chapter 144” and Page 52 December 19, 2006 Minutes Town of Southold Board Meeting WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons will be given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of The Town of Southold hereby ENACTS the Local Law “A Local Law in relation to Amendments to Chapter 144” entitled, reads as follows: LOCAL LAW NO. 16 of 2006 “A Local Law in relation to Amendments to Chapter 144” A Local Law entitled, . BE IT ENACTED by the Town Board of the Town of Southold as follows: Purpose – I. 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: §144-1. Title. This chapter shall be known as the “Uniform Fire Prevention and Building Code Administration and Enforcement Law.” §144-2. Purpose. Article 18 of the Executive Law, as added by Chapter 707 of the Laws of 1981, provides for the preparation of a Uniform Fire Prevention and Building Code (Uniform Code), which shall take effect on January 1, 1984, and the State Energy Conservation Construction Code (the Energy Code), which shall take effect on January 1, 2007, and which every local government shall administer and enforce on and after such date. It is the purpose of this chapter to provide for the administration and enforcement of the Uniform Code in the Town of Southold. §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 Energy Code and the provisions of this chapter. Page 53 December 19, 2006 Minutes Town of Southold Board Meeting B. In addition to the Inspectors, as provided by Subsection A of this section, the Town Board may appoint one Assistant Inspector for each of the fire districts in the Town, who shall be recommended by the respective Board of Fire Commissioners. Such Assistant Inspectors shall serve for a term of one year or at the pleasure of the Town Board. Assistant Inspectors shall serve without compensation, but shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties within the appropriations made therefor by the Town Board. Such Assistant Inspectors shall not have enforcement powers, their duties being limited to conducting periodic inspections for compliance with the fire prevention provisions (Chapter C) of the Uniform Code and the Energy Code. Assistant Inspectors shall have the same right to enter and inspect buildings and premises as conferred upon the Building Inspector. C. For this chapter, the term "Building Inspector" shall include and refer to: [Added 11-24-1998 by L.L. No. 22-1998] (1) Building Inspectors of the Town of Southold; (2) The Director of Code Enforcement of the Town of Southold; (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. “Energy Code” shall mean the State Energy Conservation Construction Code, as currently 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 liability company, partnership, limited partnership, business trust, estate, trust, association, or any other legal or commercial entity of any kind or description. §144-4. Conflicts with other regulations. Where the provisions of this chapter conflict with or impose a different requirement than any other provision of the Southold Town Code, or any rule or regulation adopted thereunder, the provision which establishes the higher standard or requirement shall govern. §144-5. Powers and duties of Building Inspector. A. Except as otherwise specifically provided by law, ordinance or regulation, or except as herein otherwise provided, the Building Inspector shall administer and enforce all the Page 54 December 19, 2006 Minutes Town of Southold Board Meeting provisions of the Uniform Codeand 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 ordisapprove 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 CodeEnergy Code and other laws, ordinances and regulations governing building construction. C. The Building Inspector shall issue all appropriate notices or orders to remove illegal or unsafe conditions, to require the necessary safeguards during construction and to ensure compliance during the entire course of construction with the requirements of the Uniform Code and other applicable laws, ordinances or regulations. He shall make all inspections which are necessary or proper for the carrying out of his duties. C. The Building Inspector shall conduct construction inspections, inspections to be made prior to the issuance of Certificates of Occupancy, fire safety and property maintenance inspections, inspections incidental to the investigation of complaints, and all other inspections required or permitted under any provision of this local law; (1.) to issue Stop Work Orders; (2.) to review and investigate complaints; (3.) to maintain records; (4.) to collect fees as set by the Town Board of the Town of Southold; (5.) to pursue administrative enforcement actions and proceedings; (6.) in consultation with this Town’s attorney, to pursue such legal actions and proceedings as may be necessary to enforce the Uniform Code, the Energy Code, and this local law, or to abate or correct conditions not in compliance with the Uniform Code, the Energy Code or this local law; and (7.) to exercise all other powers and fulfill all other duties conferred upon the Building Inspector by this local law. D. The Building Inspector shall possess background experience related to building construction or fire prevention and shall, within the time prescribed by law, obtain such basic training, in-service training, advanced in-service training, and other training as the State of New York shall require for code enforcement personnel, and shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder. D.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 55 December 19, 2006 Minutes Town of Southold Board Meeting F. The Building Inspector shall keep permanent, official records of all transactions and activities conducted by him, including all applications received, permits and certificates issued, fees charged and collected, inspection reports, and notices and orders issued. All such records shall be public records, open to public inspection during business hours. records of: (1) all applications received, reviewed and approved or denied; (2) all plans, specifications and construction documents approved; (3) all Building Permits, Certificates of Occupancy, and Stop Work Orders issued; (4) all inspections and tests performed; (5) all statements and reports issued; (6) all complaints received; (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 by State law and regulation. B.H. Program review and reporting. (1) The Building Inspector shall, as directed, submit to the Town Board a written report and summary of all business conducted by him, including permits and certificates issued, fees collected, orders and notices promulgated, inspections and tests made and appeals or litigation pending. (2) The Building Inspector shall, annually, submit to the Secretary of State, on behalf of this Town, on a form prescribed by the Secretary of State, a report of the activities of this Town, relative to administration and enforcement of the Uniform Code. (3) The Building Inspector shall, upon request of the New York State Department of State, provide to the New York State Department of State, from the records and related materials in this Town is required to maintain, excerpts, summaries, tabulations, statistics and other information and accounts of the activities of this Town in connection with administration and enforcement of the Uniform Code. I. The Building Inspector shall review and investigate complaints which allege or assert the existence of conditions or activities that fail to comply with the Uniform Code, the Energy Code, this local law, or any other law or regulation adopted for administration and enforcement of the Uniform Code or the Energy Code. The process for responding to a complaint shall include such of the following steps as the Building Inspector may deem appropriate: (1) performing an inspection of the conditions and/or activities alleged to be in violation, and documenting the results of such inspection; (2) if a violation is found to exist, providing the owner of the affected property and any other person who may be responsible for the violation with notice of the violation and opportunity to abate, correct or cure the violation, or otherwise proceeding in a manner which violates this chapter of the Code; Page 56 December 19, 2006 Minutes Town of Southold Board Meeting (3) if appropriate, issuing a Stop Work Order; (4) if a violation which was found to exist is abated or corrected, performing an inspection to ensure that the violation has been abated or corrected, preparing a final written report reflecting such abatement or correction, and filing such report with the complaint. §144-6. Records and reports. Inspections Required. A. Construction Inspections (1). Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Building Inspector. The Permit Holder shall notify the Building Inspector when any element of work described in subdivision (2) of this section is ready for inspection. (2) Elements of work to be inspected. The following elements of the construction process shall be inspected, where applicable: a. work site prior to the issuance of a Building Permit; b. footing and foundation; c. preparation for concrete slab; d. framing; e. building systems, including underground and rough-in; f. fire resistant construction; g. fire resistant penetrations; h. solid fuel burning heating appliances, chimneys, flues or gas vents; i. Energy Code compliance; and j. a final inspection after all work authorized by the Building Permit has been completed. (3) Inspection results. After inspection, the work or a portion thereof shall be noted as satisfactory as completed, or the Permit Holder shall be notified as to where the work fails to comply with the Uniform Code or Energy Code. Work not in compliance with any applicable provision of the Uniform Code or Energy Code shall remain exposed until such work shall have been brought into compliance with all applicable provisions of the Uniform Code and the Energy Code, re-inspected, and found satisfactory as completed. B. Fire Safety and Property Maintenance Inspections (1) Inspections required. Fire safety and property maintenance inspections of buildings and structures shall be performed by the Building Inspector at the following intervals: (a) Fire safety and property maintenance inspections of buildings or structures which contain an area of public assembly shall be performed at least once every twelve (12) months. Page 57 December 19, 2006 Minutes Town of Southold Board Meeting (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 every thirty-six (36) months. (2) Inspections permitted. In addition to the inspections required by subdivision (1) of this section, a fire safety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Building Inspector at any time upon: (a) the request of the owner of the property to be inspected or an authorized agent of such owner; (b) receipt by the Building Inspector of a written statement alleging that conditions or activities failing to comply with the Uniform Code or Energy Code exist; or (c) receipt by the Building Inspector of any other information, reasonably believed by the Building Inspector to be reliable, giving rise to reasonable cause to believe that conditions or activities failing to comply with the Uniform Code or Energy Code exist; provided, however, that nothing in this subdivision shall be construed as permitting an inspection under any circumstances under which a court order or warrant permitting such inspection is required, unless such court order or warrant shall have been obtained. (d) OFPC inspections. Nothing in this section or in any other provision of this 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 StateFire Administrator under Executive Law section 156-e and Education Law section 807-b. §144-7. Cooperation with other departments. The Building Inspector may request and shall receive, so far as may be necessary in the discharge of his duties, the assistance and cooperation of the police and fire officers and all other municipal officials exercising any jurisdiction over the construction, use or occupancy of buildings or the installation of equipment therein. §144-8. Building permit required; application for permit. [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 58 December 19, 2006 Minutes Town of Southold Board Meeting (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 Energy 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: [1] 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 noncommercial structures less than 100 square feet in floor area not intended for use by one or more persons as quarters for living, sleeping, eating or cooking; for example, a small storage building. Construction or installation of one-story detached structures associated with one or two-family dwellings or multiple single-family dwellings (townhouses) which are used for tool and storage sheds, playhouses or similar uses, provided the gross floor area does not exceed one hundred (100) square feet. (d) installation of swings and other playground equipment associated with a one or two-family dwelling or multiple single-family dwellings (townhouses); (e) installation of swimming pools associated with a one or two-family dwelling or multiple single-family dwellings (townhouses) where such pools are designed for a water depth of less than 24 inches and are installed entirely above ground; (f) installation of fences which are not part of an enclosure surrounding a swimming pool; (g) construction of retaining walls unless such walls support a surcharge or impound Class I, II, or IIIA liquids; (h) construction of temporary motion picture, television and theater stage sets and scenery; (i) installation of window awnings supported by an exterior wall of a one or two-family dwelling or multiple single family dwellings (townhouses); (j) installation of partitions or movable cases less than 5’ 9” in height; (k) painting, wallpapering, tiling, carpeting, or other similar finish work; (l) installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances; (m) replacement of any equipment provided the replacement does not alter the equipment’s listing or render it inconsistent with the equipment’s original specifications; or Page 59 December 19, 2006 Minutes Town of Southold Board Meeting (n) repairs, provided that such repairs do not involve (1) the removal or cutting away of a loadbearing wall, partition, or portion thereof, or of any structural beam or load bearing component; (2) the removal or change of any required means of egress, or the rearrangement of parts of a structure in a manner which affects egress; (3) the enlargement, alteration, replacement or relocation of any building system; or (4) the removal from service of all or part of a fire protection system for any period of time. (2) The exemption from the requirement to obtain a building permit for work in any category 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 Energy Code. All work, structures and buildings must comply with the provisions of Chapter 280, Zoning, of the Southold Town Code. B. Any building permit issued in violation of the provisions of this chapter shall be null and void and of no effect without the necessity for any proceedings, revocations or nullification thereof; and any work undertaken or use established pursuant to the issuance of a permit in violation of the provisions of this chapter shall be invalid. [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 by or otherwise acceptable to the Building Inspector. The application shall be signed by the owner or an authorized agent of the owner andcontain 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 building construction, housing and fire codesrequirements of the Uniform Code and the Energy Code. The application shall include or be accompanied by 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 60 December 19, 2006 Minutes Town of Southold Board Meeting (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. (f) 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 of this 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. (j) Construction documents will not be accepted as part of an application for a Building Permit unless they satisfy the requirements set forth as above. Construction documents which are accepted as part of the application for a Building Permit shall be marked as accepted by the Building Inspector in writing or by stamp. 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 immediately notify the Building Inspector of any 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 §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 Codeand Energy Code, to verify that both the plans and the construction comply with the Uniform Code and Energy Code at the field inspection stage. Page 61 December 19, 2006 Minutes Town of Southold Board Meeting 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 §280-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 return one copy of all filed documents to the applicant. I. The Building Inspector shall, within 10 business days after the filing of a complete and properly prepared application, either issue or deny a building permit. If a building permit is denied, the Building Inspector shall state, in writing, to the applicant the reasons for such denial. J.I. Every building permit shall 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 shall be required. K.J. As soon as the foundation of a building or of any addition to an existing building is completed and before first-story framing or wall construction is begun, there shall 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 lines of the lot. No further construction shall be performed until such survey is approved by the Building Inspector. L.K. Permit fees. [Amended 5-8-2001 by L.L. No. 9-2001] (1) The following fees shall be paid upon the filing of an application with the Building Inspector for a building permit, which fees shall be paid into the general fund if the application is approved or returned to the applicant if the application is denied: (a) Single-family dwellings: Page 62 December 19, 2006 Minutes Town of Southold Board Meeting [1] New dwellings and alterations or additions to existing dwellings: $150 $200, plus $0.30 $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: $75 $100, plus $0.30 $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: $200 $250, plus $0.30 $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: $75 $100, plus $0.30 $0.40 for each square foot of floor area in excess of 500 square feet. (d) Foundations constructed under existing buildings: $100 $200. (e) In-ground swimming pools, together with required enclosure fencing: $150 $250; aboveground swimming pools, together with required enclosure fencing: $150 $250. (f) The permit fee for all signs shall be $50 $75 per permit. (g) Demolition and/or removal of any building: $35 $70 minimum and $0.15 $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 of $35 $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 63 December 19, 2006 Minutes Town of Southold Board Meeting (6) In the event that a building permit is not approved, the applicant shall be entitled to a refund of 50% of the fee paid within one year of issuance, provided that no construction has commenced. §144-9. Issuance or denial of building permit. A. The Building Inspector shall approve or disapprove the application within a reasonable time, and in all events within 10 business days. [Amended 10-26-1999 by L.L. No. 17-1999] B. Upon approval of the application and upon receipt of the legal fees therefor, he shall issue a building permit to the applicant upon the form prescribed by him and shall affix his signature or cause his signature to be affixed thereto. C. Upon approval of the application, two sets of plans and specifications shall be endorsed with the word "approved." One set of such approved plans and specifications shall be retained in the offices of the Building Inspector and the other set shall be returned to the applicant, together with the building permit, and shall be kept at the building site, open to inspection by the Building Inspector or his authorized representative at all reasonable times. D. If the application, together with plans, specifications and other documents filed therewith, describes proposed work which does not conform to all the requirements of the Uniform Code and all other applicable building regulations, the Building Inspector shall disapprove the same and shall return the plans and specifications to the applicant. The Building Inspector shall cause such refusal, together with the reasons therefor, to be transmitted to the applicant in writing. § 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 Southold: [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 64 December 19, 2006 Minutes Town of Southold Board Meeting 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 displayed at the work site and shall remain visible until the authorized work has been completed. § 144-11. Building permit fees. A. Upon filing of an application for a building permit, fees shall be paid in accordance with § 144-8 of the Town Code. [Amended 6-6-1989 by L.L. No. 10-1989] B. In the event that an application for a building permit is not approved, the applicant shall be entitled to a refund of 50% of the fee paid, provided that no construction has been commenced. If construction work has been started and the application is not approved, the fees paid shall not be refunded. §144-12. Revocation of building permit. The Building Inspector may revoke a building permit theretofore issued and approved in the following instances: A. Where he finds that there has been any false statement or misrepresentation as to a material fact in the application, plans or specifications on which the building permit was based. B. Where he finds that the building permit was issued in errorbecause of incorrect, inaccurate or incomplete information, or that the work for which a Building Permit was issued violates the Uniform Code or the Energy Code, the Building Inspector shall revoke the Building Permit or suspend the Building Permit until such time as the Permit Holder demonstrates that (1) Page 65 December 19, 2006 Minutes Town of Southold Board Meeting all work then completed is in compliance with all applicable provisions of the Uniform Code and the Energy 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. and should not have been issued in accordance with the applicable 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. §144-13. Stop Work Orders. orders. A. The Building Inspector is authorized to issue Stop Work Orders pursuant to this section. The Building Inspector shall issue a Stop Work Order to halt: (1) any work that is determined by the Building Inspector to be contrary to any applicable provision of the Uniform Code or the Energy Code, without regard to whether such work is or is not work for which a Building Permit is required, and without regard to whether a Building Permit has or has not been issued for such work, or (2) any work that is being conducted in a dangerous or unsafe manner in the opinion of the Building Inspector, without regard to whether such work is or is not work for which a Building Permit is required, and without regard to whether a Building Permit has or has not been issued for such work; or (3) any work for which a Building Permit is required which is being performed without the required Building Permit, or under a Building Permit that has become invalid, has expired, or has been suspended or revoked B. Stop Work Orders shall: (1) be in writing (2) be dated and signed by the Building Inspector (3) state the reason or reasons for issuance (4) if applicable, state the conditions which must be satisfied before work will be permitted to resume. C. The Building Inspector shall cause the Stop Work Order, or a copy thereof, to be served on the owner of the affected property, and if the owner is not the Permit Holder, on the Permit Holder, personally or by certified mail to the owner or Permit Holder and posting at the work site. The Building Inspector shall be permitted, but not required, to cause the Stop Work Order, or a copy thereof, to be served on any or all of the following: builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other person taking part or assisting in work affected by the Stop Work Order, personally or by certified mail and Page 66 December 19, 2006 Minutes Town of Southold Board Meeting posting; provided, however, that failure to serve any person listed above shall not affect the efficacy of the Stop Work Order. D. Upon the issuance of a Stop Work Order, the owner of the affected property, the Permit Holder and any other person performing, taking part in or assisting in the work shall immediately cease all work which is the subject of the Stop Work Order. E. The issuance of a Stop Work Order shall not be the exclusive remedy available to address any event described in this section, and the authority to issue a Stop Work Order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under any other applicable local or State law. Any such remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a Stop Work Order. Whenever the Building Inspector has reasonable grounds to believe that work on any building or structure is being prosecuted in violation of the provisions of the Uniform Code or other applicable building laws, ordinances or regulations and not in conformity with the provisions of an application, plans or specifications on the basis of which a building permit was issued, or in an unsafe and dangerous manner, he shall notify the owner of the property, or the owner's agent, or the person performing the work, to suspend all work, and any such persons shall forthwith stop such work and suspend all building activities until the stop order has been rescinded. Such order and notice shall be in writing, shall state the conditions under which the work may be resumed and may be served upon a person to whom it is directed either by delivering it personally to him or by posting the same upon a conspicuous portion of the building under construction and sending a copy of the same by certified mail. §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. §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 67 December 19, 2006 Minutes Town of Southold Board Meeting D. The owner or his agent shall make application for a certificate of occupancy. Accompanying his application and before the issuance of a certificate of occupancy, there shall be filed by the Building Inspector an affidavit of the registered architect or licensed professional engineer who filed the original plans, or of the registered architect or licensed professional engineer who supervised the construction of the work, or of the building contractor who supervised the work and who, by reason of his experience, is qualified to superintend the work for which the certificate of occupancy is sought. This affidavit shall state that the deponent has examined and approved plans of the structure for which a certificate of occupancy is sought, that the structure has been erected in accordance with approved plans and, as erected, complies with the Uniform Code and EnergyCode and other laws governing building construction except insofar as variations therefrom have been legally authorized. Such variations shall be specified in the affidavit. §144-16. Inspection prior to issuance of certificate; records. A. Before issuing a certificate of occupancy, the Building Inspector shall examine or cause to be examined all 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 of the work for which a building permit has been issued. B. There shall be maintained by the Building Inspector a record of all such examinations and inspections, together with a record of findings of violations of the Uniform Code, the Energy Code,and other applicable laws. §144-17. Issuance of certificate of occupancy. A. When, after final inspection, it is found that the proposed work has been completed in accordance with the Uniform Code and other applicable building laws, ordinances and regulations, and also in accordance with the application, plans and specifications filed in connection with the issuance of the building permit, the Building Inspector, upon the payment of the fees specified in § 280-154 of the Town Code, shall issue a certificate of occupancy upon the form provided by him. If it is found that the proposed work has not been properly completed, the Building Inspector shall refuse to issue a certificate of occupancy and shall order the work completed in conformity with the building permit and in conformity with the Uniform Code, and other applicable building regulations. [Amended 6-6-1989 by L.L. No. 10-1989] B. The certificate of occupancy shall certify that the work has been completed and that the proposed use and occupancy is in conformity with the provisions of the Uniform Code and other applicable building laws, ordinances and regulations, and shall specify the use or uses and the extent thereof to which the building or structure or its several parts may be put. A. The Building Inspector shall issue a Certificate of Occupancy if the work which was the subject of the Building Permit was completed in accordance with all applicable provisions of the Uniform Code, the Energy Code and, if applicable, that the structure, building Page 68 December 19, 2006 Minutes Town of Southold Board Meeting or portion thereof that was converted from one use or occupancy classification or subclassification to another complies with all applicable provisions of the Uniform Code and the Energy Code. The Building Inspector shall inspect the building, structure or work prior to the issuance of a Certificate of Occupancy. In addition, where applicable, the following documents, prepared in accordance with the provisions of the Uniform Code by such person or persons as may be designated by or otherwise acceptable to the Building Inspector, at the expense of the applicant for the Certificate of Occupancy shall be provided to the Building Inspector prior to the issuance of the Certificate of Occupancy: (1) a written statement of structural observations and/or a final report of special inspections, and (2) flood hazard certifications. B. A Certificate of Occupancy shall contain the following information: (1) the Building Permit number, if any; (2) the date of issuance of the Building Permit, if any; (3) the name, address and tax map number of the property; (4) if the Certificate of Occupancy 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 occupancy classification of the structure; (6)the type of construction of the structure; (7) the assembly occupant load of the structure; (8) if an automatic sprinkler system is provided, a notation as to whether the sprinkler system is required; (9) any special conditions imposed in connection with the issuance of the Building Permit; and (10) the signature of the Building Inspector issuing the Certificate of Occupancy and the date of issuance. §144-18. Temporary certificates of occupancy; fee. Upon request, and the payment of a fee of $15 $25, the Building Inspector may issue a temporary certificate of occupancy for a building or structure or part thereof before the entire work covered by the building permit shall have been completed, provided that such portion or portions as have been completed may be occupied safely without endangering life or the public welfare. §144-19. Tests for compliance with standards. Whenever there are reasonable grounds to believe that any material, construction, to equipment or assembly does not conform with the requirements of the Uniform Code or the Page 69 December 19, 2006 Minutes Town of Southold Board Meeting applicable building laws, ordinances or regulations, the Building Inspector may require the same to be subjected to tests in order to furnish proof of such compliance. §144-21. 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. SEVERABILITY III. 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. EFFECTIVE DATE IV. This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ? Vote Record - Resolution RES-2006-999 Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ???????? ??Daniel C. Ross Voter Defeated ?? Tabled ???????? Thomas H. Wickham Initiator ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Scott Russell Voter VII. Public Hearings 1. Motion To: Motion to recess to Public Hearing COMMENTS - Current Meeting: RESOLVEDbe and hereby is declared that this meeting of the Southold Town Board Recessed in order to hold a public hearing. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell 2. Set Tuesday, December 19, 2006, At 5:00 Pm, Southold Town Hall, 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” Page 70 December 19, 2006 Minutes Town of Southold Board Meeting COMMENTS - Current Meeting: NOTICE IS HEREBY GIVEN COUNCILMAN WICKHAM: there has been presented to the st Town Board of the Town of Southold, Suffolk County, New York, on the 21 day of November, “A Local Law in relation to Amendments to Chapter 144” 2006 a Local Law entitled 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, th 19 day of December, 2006 at 5:00 p.m. Southold, New York, on the at which time all interested persons will be given an opportunity to be heard. “A Local Law in relation to Amendments to Chapter 144” The proposed Local Law entitled, reads as follows: LOCAL LAW NO. 2006 “A Local Law in relation to Amendments to Chapter 144” A Local Law entitled, . BE IT ENACTED by the Town Board of the Town of Southold as follows: Purpose - I. 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: §144-1. Title. This chapter shall be known as the “Uniform Fire Prevention and Building Code Administration and Enforcement Law.” §144-2. Purpose. Article 18 of the Executive Law, as added by Chapter 707 of the Laws of 1981, provides for the preparation of a Uniform Fire Prevention and Building Code (Uniform Code), which shall take effect on January 1, 1984, and the State Energy Conservation Construction Code (the Energy Code), which shall take effect on January 1, 2007, and which every local government shall administer and enforce on and after such date. It is the purpose of this chapter to provide for the administration and enforcement of the Uniform Code in the Town of Southold. §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 Energy Code and the provisions of this chapter. B. In addition to the Inspectors, as provided by Subsection A of this section, the Town Board may appoint one Assistant Inspector for each of the fire districts in the Town, who shall be recommended by the respective Board of Fire Commissioners. Such Assistant Inspectors shall serve for a term of one year or at the pleasure of the Town Board. Assistant Inspectors shall serve without compensation, but shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties within the appropriations made therefor by the Town Board. Such Assistant Inspectors shall not have enforcement powers, their duties being limited to conducting periodic inspections for compliance with the fire prevention Page 71 December 19, 2006 Minutes Town of Southold Board Meeting provisions (Chapter C) of the Uniform Code and the Energy Code. Assistant Inspectors shall have the same right to enter and inspect buildings and premises as conferred upon the Building Inspector. C. For this chapter, the term "Building Inspector" shall include and refer to: [Added 11-24-1998 by L.L. No. 22-1998] (1) Building Inspectors of the Town of Southold; (2) The Director of Code Enforcement of the Town of Southold; (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. “Energy Code” shall mean the State Energy Conservation Construction Code, as currently 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 liability company, partnership, limited partnership, business trust, estate, trust, association, or any other legal or commercial entity of any kind or description. §144-4. Conflicts with other regulations. Where the provisions of this chapter conflict with or impose a different requirement than any other provision of the Southold Town Code, or any rule or regulation adopted thereunder, the provision which establishes the higher standard or requirement shall govern. §144-5. Powers and duties of Building Inspector. A. Except as otherwise specifically provided by law, ordinance or regulation, or except as herein otherwise provided, the Building Inspector shall administer and enforce all the provisions of the Uniform Codeand 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 ordisapprove 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 CodeEnergy Code and other laws, ordinances and regulations governing building construction. C. The Building Inspector shall issue all appropriate notices or orders to remove illegal or unsafe conditions, to require the necessary safeguards during construction and to ensure compliance during the entire course of construction with the requirements of the Uniform Code and other applicable laws, ordinances or regulations. He shall make all inspections which are necessary or proper for the carrying out of his duties. C. The Building Inspector shall conduct construction inspections, inspections to be made prior to the issuance of Certificates of Occupancy, fire safety and property maintenance inspections, inspections incidental to the investigation of complaints, and all other inspections Page 72 December 19, 2006 Minutes Town of Southold Board Meeting 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 by the Town Board of the Town of Southold; (5.) to pursue administrative enforcement actions and proceedings; (6.) in consultation with this Town’s attorney, to pursue such legal actions and proceedings as may be necessary to enforce the Uniform Code, the Energy Code, and this local law, or to abate or correct conditions not in compliance with the Uniform Code, the Energy Code or this local law; and (7.) to exercise all other powers and fulfill all other duties conferred upon the Building Inspector by this local law. D. The Building Inspector shall possess background experience related to building construction or fire prevention and shall, within the time prescribed by law, obtain such basic training, in-service training, advanced in-service training, and other training as the State of New York shall require for code enforcement personnel, and shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder. D.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. F. The Building Inspector shall keep permanent, official records of all transactions and activities conducted by him, including all applications received, permits and certificates issued, fees charged and collected, inspection reports, and notices and orders issued. All such records shall be public records, open to public inspection during business hours. records of: (1) all applications received, reviewed and approved or denied; (2) all plans, specifications and construction documents approved; (3) all Building Permits, Certificates of Occupancy, and Stop Work Orders issued; (4) all inspections and tests performed; (5) all statements and reports issued; (6) all complaints received; (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 by State law and regulation. B.H. Program review and reporting. (1) The Building Inspector shall, as directed, submit to the Town Board a written report and summary of all business conducted by him, including permits and certificates issued, fees collected, orders and notices promulgated, inspections and tests made and appeals or litigation pending. (2) The Building Inspector shall, annually, submit to the Secretary of State, on behalf of this Town, on a form prescribed by the Secretary of State, a report of the activities of this Town, Page 73 December 19, 2006 Minutes Town of Southold Board Meeting relative to administration and enforcement of the Uniform Code. (3) The Building Inspector shall, upon request of the New York State Department of State, provide to the New York State Department of State, from the records and related materials in this Town is required to maintain, excerpts, summaries, tabulations, statistics and other information and accounts of the activities of this Town in connection with administration and enforcement of the Uniform Code. I. The Building Inspector shall review and investigate complaints which allege or assert the existence of conditions or activities that fail to comply with the Uniform Code, the Energy Code, this local law, or any other law or regulation adopted for administration and enforcement of the Uniform Code or the Energy Code. The process for responding to a complaint shall include such of the following steps as the Building Inspector may deem appropriate: (1) performing an inspection of the conditions and/or activities alleged to be in violation, and documenting the results of such inspection; (2) if a violation is found to exist, providing the owner of the affected property and any other person who may be responsible for the violation with notice of the violation and opportunity to abate, correct or cure the violation, or otherwise proceeding in a manner which violates this chapter of the Code; (3) if appropriate, issuing a Stop Work Order; (4) if a violation which was found to exist is abated or corrected, performing an inspection to ensure that the violation has been abated or corrected, preparing a final written report reflecting such abatement or correction, and filing such report with the complaint. §144-6. Records and reports. Inspections Required. A. Construction Inspections (1). Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the building Inspector. The Permit Holder shall notify the Building Inspector when any element of work described in subdivision (2) of this section is ready for inspection. (2) Elements of work to be inspected. The following elements of the construction process shall be inspected, where applicable: a. work site prior to the issuance of a Building Permit; b. footing and foundation; c. preparation for concrete slab; d. framing; e. building systems, including underground and rough-in; f. fire resistant construction; g. fire resistant penetrations; h. solid fuel burning heating appliances, chimneys, flues or gas vents; i. Energy Code compliance; and j. a final inspection after all work authorized by the Building Permit has been completed. (3) Inspection results. Page 74 December 19, 2006 Minutes Town of Southold Board Meeting After inspection, the work or a portion thereof shall be noted as satisfactory as completed, or the Permit Holder shall be notified as to where the work fails to comply with the Uniform Code or Energy Code. Work not in compliance with any applicable provision of the Uniform Code or Energy Code shall remain exposed until such work shall have been brought into compliance with all applicable provisions of the Uniform Code and the Energy Code, re-inspected, and found satisfactory as completed. B. Fire Safety and Property Maintenance Inspections (1) Inspections required. Fire safety and property maintenance inspections of buildings and structures shall be performed by the Building Inspector at the following intervals: (a) Fire safety and property maintenance inspections of buildings or structures which contain an area of public assembly shall be performed at least once every twelve (12) months. (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 every thirty-six (36) months. (2) Inspections permitted. In addition to the inspections required by subdivision (1) of this section, a fire safety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Building Inspector at any time upon: (a) the request of the owner of the property to be inspected or an authorized agent of such owner; (b) receipt by the Building Inspector of a written statement alleging that conditions or activities failing to comply with the Uniform Code or Energy Code exist; or (c) receipt by the Building Inspector of any other information, reasonably believed by the Building Inspector to be reliable, giving rise to reasonable cause to believe that conditions or activities failing to comply with the Uniform Code or Energy Code exist; provided, however, that nothing in this subdivision shall be construed as permitting an inspection under any circumstances under which a court order or warrant permitting such inspection is required, unless such court order or warrant shall have been obtained. (d) OFPC inspections. Nothing in this section or in any other provision of this 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 StateFire Administrator under Executive Law section 156-e and Education Law section 807-b. §144-7. Cooperation with other departments. The Building Inspector may request and shall receive, so far as may be necessary in the discharge of his duties, the assistance and cooperation of the police and fire officers and all other Page 75 December 19, 2006 Minutes Town of Southold Board Meeting municipal officials exercising any jurisdiction over the construction, use or occupancy of buildings or the installation of equipment therein. §144-8. Building permit required; application for permit. [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] (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 Energy 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: [1] 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 noncommercial structures less than 100 square feet in floor area not intended for use by one or more persons as quarters for living, sleeping, eating or cooking; for example, a small storage building. Construction or installation of one-story detached structures associated with one or two-family dwellings or multiple single-family dwellings (townhouses) which are used for tool and storage sheds, playhouses or similar uses, provided the gross floor area does not exceed one hundred (100) square feet. (d) installation of swings and other playground equipment associated with a one or two-family dwelling or multiple single-family dwellings (townhouses); (e) installation of swimming pools associated with a one or two-family dwelling or multiple single-family dwellings (townhouses) where such pools are designed for a water depth of less than 24 inches and are installed entirely above ground; (f) installation of fences which are not part of an enclosure surrounding a swimming pool; (g) construction of retaining walls unless such walls support a surcharge or impound Class I, II, or IIIA liquids; (h) construction of temporary motion picture, television and theater stage sets and scenery; (i) installation of window awnings supported by an exterior wall of a one or two-family dwelling or multiple single family dwellings Page 76 December 19, 2006 Minutes Town of Southold Board Meeting (townhouses); (j) installation of partitions or movable cases less than 5’ 9” in height; (k) painting, wallpapering, tiling, carpeting, or other similar finish work; (l) installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances; (m) replacement of any equipment provided the replacement does not alter the equipment’s listing or render it inconsistent with the equipment’s original specifications; or (n) repairs, provided that such repairs do not involve (1) the removal or cutting away of a loadbearing wall, partition, or portion thereof, or of any structural beam or load bearing component; (2) the removal or change of any required means of egress, or the rearrangement of parts of a structure in a manner which affects egress; (3) the enlargement, alteration, replacement or relocation of any building system; or (4) the removal from service of all or part of a fire protection system for any period of time. (2) The exemption from the requirement to obtain a building permit for work in any category 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 Energy Code. All work, structures and buildings must comply with the provisions of Chapter 280, Zoning, of the Southold Town Code. B. Any building permit issued in violation of the provisions of this chapter shall be null and void and of no effect without the necessity for any proceedings, revocations or nullification thereof; and any work undertaken or use established pursuant to the issuance of a permit in violation of the provisions of this chapter shall be invalid. [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 by or otherwise acceptable to the Building Inspector. The application shall be signed by the owner or an authorized agent of the owner andcontain 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 building construction, housing and fire codesrequirements of the Uniform Code and the Energy Code. The application shall include or be accompanied by 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. Page 77 December 19, 2006 Minutes Town of Southold Board Meeting (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. (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. (f) 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 of this 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. (j) Construction documents will not be accepted as part of an application for a Building Permit unless they satisfy the requirements set forth as above. Construction documents which are accepted as part of the application for a Building Permit shall be marked as accepted by the Building Inspector in writing or by stamp. 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 immediately notify the Building Inspector of any 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 §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 Codeand Energy Code, to verify that both the plans and the construction comply with the Uniform Code and Energy Code at the field inspection stage. D. No building permit shall be issued for the construction or alteration of any Page 78 December 19, 2006 Minutes Town of Southold Board Meeting building upon a lot without access to a street or highway as provided by §280-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 return one copy of all filed documents to the applicant. I. The Building Inspector shall, within 10 business days after the filing of a complete and properly prepared application, either issue or deny a building permit. If a building permit is denied, the Building Inspector shall state, in writing, to the applicant the reasons for such denial. J.I. Every building permit shall 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 shall be required. K.J. As soon as the foundation of a building or of any addition to an existing building is completed and before first-story framing or wall construction is begun, there shall 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 lines of the lot. No further construction shall be performed until such survey is approved by the Building Inspector. L.K. Permit fees. [Amended 5-8-2001 by L.L. No. 9-2001] (1) The following fees shall be paid upon the filing of an application with the Building Inspector for a building permit, which fees shall be paid into the general fund if the application is approved or returned to the applicant if the application is denied: (a) Single-family dwellings: [1] New dwellings and alterations or additions to existing dwellings: $150 $200, plus $0.30 $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: $75 $100, plus $0.30 $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 Page 79 December 19, 2006 Minutes Town of Southold Board Meeting buildings: $200 $250, plus $0.30 $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: $75 $100, plus $0.30 $0.40 for each square foot of floor area in excess of 500 square feet. (d) Foundations constructed under existing buildings: $100 $200. (e) In-ground swimming pools, together with required enclosure fencing: $150 $250; aboveground swimming pools, together with required enclosure fencing: $150 $250. (f) The permit fee for all signs shall be $50 $75 per permit. (g) Demolition and/or removal of any building: $35 $70 minimum and $0.15 $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 of $35 $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. (6) In the event that a building permit is not approved, the applicant shall be entitled to a refund of 50% of the fee paid within one year of issuance, provided that no construction has commenced. §144-9. Issuance or denial of building permit. A. The Building Inspector shall approve or disapprove the application within a reasonable time, and in all events within 10 business days. [Amended 10-26- 1999 by L.L. No. 17-1999] B. Upon approval of the application and upon receipt of the legal fees therefor, he shall issue a building permit to the applicant upon the form prescribed by him and shall affix his signature or cause his signature to be affixed thereto. C. Upon approval of the application, two sets of plans and specifications shall be endorsed with the word "approved." One set of such approved plans and specifications shall be retained in the offices of the Building Inspector and the other set shall be returned to the applicant, together with the building permit, and shall be kept at the building site, open to inspection by the Building Inspector or his authorized representative at all reasonable times. D. If the application, together with plans, specifications and other documents filed therewith, describes proposed work which does not conform to all the requirements of the Uniform Code and all other applicable building regulations, the Building Inspector Page 80 December 19, 2006 Minutes Town of Southold Board Meeting 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. § 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 Southold: [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 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 displayed at the work site and shall remain visible until the authorized work has been completed. § 144-11. Building permit fees. A. Upon filing of an application for a building permit, fees shall be paid in accordance with § 144-8 of the Town Code. [Amended 6-6-1989 by L.L. No. 10-1989] B. In the event that an application for a building permit is not approved, the applicant shall be entitled to a refund of 50% of the fee paid, provided that no construction has been commenced. If construction work has been started and the application is not approved, the fees paid shall not be refunded. §144-12. Revocation of building permit. Page 81 December 19, 2006 Minutes Town of Southold Board Meeting 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 errorbecause of incorrect, inaccurate or incomplete information, or that the work for which a Building Permit was issued violates the Uniform Code or the Energy Code, the Building Inspector shall revoke the Building Permit or suspend the Building Permit until such time as the Permit Holder demonstrates that (1) all work then completed is in compliance with all applicable provisions of the Uniform Code and the Energy 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. and should not have been issued in accordance with the applicable 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. §144-13. Stop Work Orders. orders. A. The Building Inspector is authorized to issue Stop Work Orders pursuant to this section. The Building Inspector shall issue a Stop Work Order to halt: (1) any work that is determined by the Building Inspector to be contrary to any applicable provision of the Uniform Code or the Energy Code, without regard to whether such work is or is not work for which a Building Permit is required, and without regard to whether a Building Permit has or has not been issued for such work, or (2) any work that is being conducted in a dangerous or unsafe manner in the opinion of the Building Inspector, without regard to whether such work is or is not work for which a Building Permit is required, and without regard to whether a Building Permit has or has not been issued for such work; or (3) any work for which a Building Permit is required which is being performed without the required Building Permit, or under a Building Permit that has become invalid, has expired, or has been suspended or revoked B. Stop Work Orders shall: (1) be in writing (2) be dated and signed by the Building Inspector (3) state the reason or reasons for issuance (4) if applicable, state the conditions which must be satisfied before work will be permitted to resume. C. The Building Inspector shall cause the Stop Work Order, or a copy thereof, to be served on the owner of the affected property, and if the owner is not the Permit Holder, on the Permit Holder, personally or by certified mail to the owner or Permit Holder and posting at the work site. The Building Inspector shall be permitted, but not required, to cause the Stop Work Order, or a copy thereof, to be served on any or all of the following: builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other person taking part or assisting in work affected by the Stop Work Order, personally or by certified mail and posting; provided, however, that failure to serve any person listed above shall not affect the Page 82 December 19, 2006 Minutes Town of Southold Board Meeting efficacy of the Stop Work Order. D. Upon the issuance of a Stop Work Order, the owner of the affected property, the Permit Holder and any other person performing, taking part in or assisting in the work shall immediately cease all work which is the subject of the Stop Work Order. E. The issuance of a Stop Work Order shall not be the exclusive remedy available to address any event described in this section, and the authority to issue a Stop Work Order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under any other applicable local or State law. Any such remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a Stop Work Order. Whenever the Building Inspector has reasonable grounds to believe that work on any building or structure is being prosecuted in violation of the provisions of the Uniform Code or other applicable building laws, ordinances or regulations and not in conformity with the provisions of an application, plans or specifications on the basis of which a building permit was issued, or in an unsafe and dangerous manner, he shall notify the owner of the property, or the owner's agent, or the person performing the work, to suspend all work, and any such persons shall forthwith stop such work and suspend all building activities until the stop order has been rescinded. Such order and notice shall be in writing, shall state the conditions under which the work may be resumed and may be served upon a person to whom it is directed either by delivering it personally to him or by posting the same upon a conspicuous portion of the building under construction and sending a copy of the same by certified mail. §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. §144-15. Certificate of occupancy required; application. A. No building hereafter erected shall be used or occupied in whole or in part until a certificate of occupancy shall have been issued by the Building Inspector. B. No building hereafter enlarged, extended or altered, or upon which work has been performed which required the issuance of a building permit, shall be occupied or used unless a certificate of occupancy shall have been issued by the Building Inspector. C. No change shall be made in the use or type of occupancy of an existing building unless a certificate of occupancy authorizing such change shall have been issued by the Building Inspector. D. The owner or his agent shall make application for a certificate of occupancy. Accompanying his application and before the issuance of a certificate of occupancy, there shall be filed by the Building Inspector an affidavit of the registered architect or licensed professional engineer who filed the original plans, or of the registered architect or licensed professional engineer who supervised the construction of the work, or of the building contractor who supervised the work and who, by reason of his experience, is qualified to superintend the work for which the certificate of occupancy is sought. This affidavit shall state that the deponent has examined and approved plans of the structure for which a certificate of occupancy is sought, that the structure has been erected in accordance with approved plans and, as erected, complies with the Uniform Code and EnergyCode and other laws governing building construction except insofar as variations therefrom have been legally authorized. Such variations shall be specified Page 83 December 19, 2006 Minutes Town of Southold Board Meeting in the affidavit. §144-16. Inspection prior to issuance of certificate; records. A. Before issuing a certificate of occupancy, the Building Inspector shall examine or cause to be examined all 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 of the work for which a building permit has been issued. B. There shall be maintained by the Building Inspector a record of all such examinations and inspections, together with a record of findings of violations of the Uniform Code, the Energy Code,and other applicable laws. §144-17. Issuance of certificate of occupancy. A. When, after final inspection, it is found that the proposed work has been completed in accordance with the Uniform Code and other applicable building laws, ordinances and regulations, and also in accordance with the application, plans and specifications filed in connection with the issuance of the building permit, the Building Inspector, upon the payment of the fees specified in § 280-154 of the Town Code, shall issue a certificate of occupancy upon the form provided by him. If it is found that the proposed work has not been properly completed, the Building Inspector shall refuse to issue a certificate of occupancy and shall order the work completed in conformity with the building permit and in conformity with the Uniform Code, and other applicable building regulations. [Amended 6-6-1989 by L.L. No. 10-1989] B. The certificate of occupancy shall certify that the work has been completed and that the proposed use and occupancy is in conformity with the provisions of the Uniform Code and other applicable building laws, ordinances and regulations, and shall specify the use or uses and the extent thereof to which the building or structure or its several parts may be put. A. The Building Inspector shall issue a Certificate of Occupancy if the work which was the subject of the Building Permit was completed in accordance with all applicable provisions of the Uniform Code, the Energy Code and, if applicable, that the structure, building or portion thereof that was converted from one use or occupancy classification or subclassification to another complies with all applicable provisions of the Uniform Code and the Energy Code. The Building Inspector shall inspect the building, structure or work prior to the issuance of a Certificate of Occupancy. In addition, where applicable, the following documents, prepared in accordance with the provisions of the Uniform Code by such person or persons as may be designated by or otherwise acceptable to the Building Inspector, at the expense of the applicant for the Certificate of Occupancy shall be provided to the Building Inspector prior to the issuance of the Certificate of Occupancy: (1) a written statement of structural observations and/or a final report of special inspections, and (2) flood hazard certifications. B. A Certificate of Occupancy shall contain the following information: (1) the Building Permit number, if any; (2) the date of issuance of the Building Permit, if any; (3) the name, address and tax map number of the property; (4) if the Certificate of Occupancy is not applicable to an entire structure, a description of that portion of the structure for which the Certificate of Occupancy is issued; Page 84 December 19, 2006 Minutes Town of Southold Board Meeting (5) the use and occupancy classification of the structure; (6)the type of construction of the structure; (7) the assembly occupant load of the structure; (8) if an automatic sprinkler system is provided, a notation as to whether the sprinkler system is required; (9) any special conditions imposed in connection with the issuance of the Building Permit; and (10) the signature of the Building Inspector issuing the Certificate of Occupancy and the date of issuance. §144-18. Temporary certificates of occupancy; fee. Upon request, and the payment of a fee of $15 $25, the Building Inspector may issue a temporary certificate of occupancy for a building or structure or part thereof before the entire work covered by the building permit shall have been completed, provided that such portion or portions as have been completed may be occupied safely without endangering life or the public welfare. §144-19. Tests for compliance with standards. Whenever there are reasonable grounds to believe that any material, construction, to equipment or assembly does not conform with the requirements of the Uniform Code or the applicable building laws, ordinances or regulations, the Building Inspector may require the same to be subjected to tests in order to furnish proof of such compliance. §144-21. 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. SEVERABILITY III. 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. EFFECTIVE DATE IV. This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. I have notices that this has appeared as a legal in the local newspaper; I have a communication from the Suffolk County Department of Planning. ‘Dear Mrs. Neville, Pursuant to sections of the Suffolk County Administrative Code, this application is not within the jurisdiction of the Suffolk County Planning Commission.’ And I just, I believe that is the only communications we have in the file. SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on this particular initiative? (No response) Okay, hearing none, can I get a motion to close the hearing? Page 85 December 19, 2006 Minutes Town of Southold Board Meeting RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell 3. Statement SUPERVISOR RUSSELL: That concludes the business. Now, anybody that would like to address the Town Board on any issue may come up. Mr. Carlin? FRANK CARLIN: Frank Carlin, Laurel. Good evening, ladies and gentlemen of the Board. Just a few reviews here from my food for thought for tonight, being that it is the holidays. The animal shelter, how are we doing on the bidding on it? SUPERVISOR RUSSELL: The design is almost complete, there expecting to have the st completed documents back to us right after the 1 of January. MR. CARLIN: The animal shelter committee, I will speak to you about that after. White lines on Bray Avenue, I see they have been installed. SUPERVISOR RUSSELL: Yeah. MR. CARLIN: They have been installed on Pacific Street and Sound Avenue. I want to thank you and the Board and also Pete Harris for putting them in there. Good job. In the future, and this went through my mind (inaudible). I am going to start an organization of my own in this Town. I know we have the Citizens for Safe Roads, we’ve got the environmental agency, we had the stewardship committee back in 95 and I think we have the (inaudible) committee, whatever you can call it. So I am going to start my own, I believe, pretty shortly and it is going to be called the Southold Town Watchdog Committee or Association. I am going to get a group of people together that knows what is going on here and keep an eye on things more closely. What was done about that report of having the police chief, fire department, supervisor and disposal area supervisor attend work sessions for about an hour when you have them every two weeks? SUPERVISOR RUSSELL: You proposed that the last time out. We actually do have those people coming before the Town Board usually on, not just as a general update, but usually on an issue with a narrower focus, such as the construction of the landfill facility, the new building. Jim Bunchuk comes regularly. Pete Harris has always come before us whenever we have asked and so has the police chief. MR. CARLIN: Okay. One more thing, very important. What have we come up with or what are we going to do about the water that is on Bray Avenue there? SUPERVISOR RUSSELL: I was out there with Mr. Katon a few weeks ago. We are going to make that a top priority for the new year. Charlie had some good ideas. He has been in the business a long time. I am going to bounce them off my Town engineer and see if we can solve th that. You are talking about down by about 4 street, where it intersects? There is a hollow Page 86 December 19, 2006 Minutes Town of Southold Board Meeting there… MR. CARLIN: I am talking about by Connie Zahra’s house. SUPERVISOR RUSSELL: Yes. Where it floods. We have actually a drainage location there but a very small catch basin. MR. CARLIN: Okay. But that area alongside of Connie Zahra’s house, it’s about 50 foot that’s a town easement area, so why is the fence up there for? SUPERVISOR RUSSELL: I am going to have the code enforcement, Charlie brought that to my attention, we are going to look at that. MR. CARLIN: You had better look at that because that property, if I understand goes under that fence to the next street, to a pipe and into the inlet. And that is your problem right there. That fence holding back that water. And believe me, it developed very high. Sometimes it is three foot high, four foot high. Connie Zahra gets water in her cellar. That’s not right. And it has been like that for years. And in the second place, if it is a town easement, the fence shouldn’t be on that property, the town property. That is all I have for the Town Board this evening but I do want to wish you all a merry Christmas and a happy new year. And I hope to be here next year to address you all again. Thank you. SUPERVISOR RUSSELL: Thank you, Mr. Carlin. Nick? NICHOLAS TSOUNIS: Nicholas Tsounis, Mattituck, New York. I want to wish you all a very merry Christmas, a happy holiday and a happy new year. SUPERVISOR RUSSELL: Merry Christmas, Nick. JOHANNA NORKLUN: Johanna Norklun, Southold. Good evening. Although this is a personnel issue, I do want to go on record opposing the elimination of an environmental technician job. Separating science from the Trustees office and forming a Department of Natural Resources in the Town would be a wise solution. Please consider it. Thank you. SUPERVISOR RUSSELL: Thank you. We actually talked about that today. Mr. Kayton. CHARLES KAYTON: This is the first time; I met any people on the Board. Just a few people I met I know personally but I would like to talk about the water the gentleman was talking about. SUPERVISOR RUSSELL: For the record, it is Charles Kayton of Laurel, New York. That is the man behind the Foster Grants. MR. KAYTON: I have to wear them, because I can’t see. SUPERVISOR RUSSELL: That is fine. Page 87 December 19, 2006 Minutes Town of Southold Board Meeting MR. KAYTON: With the light. All you good looking guys up there. Now, the problem with the water is, they put the fence up there and the fence is stopping the water. It has been stopping the water for about 28 years. It is almost ridiculous to have this go on and on and on and nobody does nothing about it. In the summertime we get a load of water down there and we get loaded with mosquitoes. God forbid if some of those bad mosquitoes come along, then we are going to have our problems. Now, this has got to be done because I can go to the Board of Health and bring this subject up, it could be embarrassing because in the first place we got an easement there. I am a retired inspector. Easements you are not supposed to build on. I don’t know how this happened, I don’t care about that. Take the fence down and the water stops and the problem is over with. Keeping the fence there is what is stopping all the water. This has been going on for years. It is such a stupid (inaudible) with a chainsaw and cut it down. First place, it shouldn’t be on your property. Very easy to take it down and get rid of it. You take it down and your problems will be over. The water will go over the property. Personally, I don’t care about the property. This guy (inaudible) has done a terrible thing to the people that live down there. This guy never can say anything about anybody else but himself. He was a sweetheart, I knew him personally very well. And that is all I can do. If you fellas can get together and take care of that. Not next year, as soon as possible. That is what you fellas are here for. I would like to see you do a good job. SUPERVISOR RUSSELL: I talked to you, met you at that site on that particular issue. My only legal hurdle at this point is I have to survey or find a valid survey to verify that that fence is on Town property. Then I can have DPW remove it but I really need to make sure my ducks are in a row before I can do that. MR. KAYTON: We know that is an easement through there. What happens? After the houses are on there for a while, we lose the easement? SUPERVISOR RUSSELL: I am researching all of that and we are going to act on it. MR. KAYTON: We had that easement forever, as far as I was concerned. I don’t know what you got to act on, you got the law. Send the guys down and take the fence down and get it done with. This has been going on for 28 years. Mr. Wickham, when he was running for supervisor, he was going to take care of it but he has been very busy I guess, so it is still there. COUNCILMAN WICKHAM: I haven’t been in office all the time, that is my problem. MR. KAYTON: You were in there long enough to take care of it. I could take care of it myself in about two or three hours, it would be done. If the fence come down, you would be done with the water. Pick up the line and put it in the pipe, you all know what is going on there. SUPERVISOR RUSSELL: I asked the Assessor’s office to do some title work on that area and they are doing that for me and as soon as I have a clear picture of what my legal rights are as a township we are going to step in and address it. Page 88 December 19, 2006 Minutes Town of Southold Board Meeting MR. KAYTON: That shouldn’t take too long with that, either there is a law that you can’t build on an easement or you can, one way or another. SUPERVISOR RUSSELL: People encroach easements every day, I want to know exactly where the easement is, without a pending survey. I know, I think we can find an old one so I don’t have to pay for a new one, I plan on doing just that. MR. KAYTON: Thank you for your time. SUPERVISOR RUSSELL: Thank you, Mr. Kayton. Mr. Carlin? MR. CARLIN: There is one more thing I want to ask of this gentleman right here. (Inaudible) SUPERVISOR RUSSELL: I was down there with Charlie. MR. CARLIN: There is a sign right there that says ‘town property’. I mean, let’s face it. SUPERVISOR RUSSELL: I know. Thank you. Would anybody else like to address the Town Board on any issue? Mrs. Egan. MS. EGAN: Joan Egan, East Marion. Just some clarification on Christmas gratuities. In regard to people here or at the annex, if I understand it correctly, they are allowed to accept things up to the value of $74.99? Is that correct? SUPERVISOR RUSSELL: Perhaps. I don’t think anybody has ever pierced that ceiling, so I assume that is about what it is. MS. EGAN: Okay. Now, is that allowed to be in the form of monetary or gifts? SUPERVISOR RUSSELL: Monetary gifts I don’t believe are appropriate. I don’t know if the law is silent on it or not but I don’t think monetary gifts would be appropriate under any measure. Usually they are… MS. EGAN: Maybe your Town Attorney could find out? TOWN ATTORNEY FINNEGAN: Sure. I would be happy to. MS. EGAN: And now in regard to gratuities again, with the, you know, I would assume that a gratuity that is consumable, you know, even I guess if it were alcohol would be appropriate, are police department personnel allowed to accept any gratuity? SUPERVISOR RUSSELL: I would imagine that the office, like any other office, they probably received candy and things along those lines. I am not sure that’s something that is addressed specifically just for the police department. Page 89 December 19, 2006 Minutes Town of Southold Board Meeting TOWN ATTORNEY FINNEGAN: No. There is no specific regulation for the police officers; what they can accept. MS. EGAN: In other words, there is no separate, if you are a town employee regardless of whether you… SUPERVISOR RUSSELL: It is all encompassing. MS. EGAN: …or highway or the dump or anything, they are all, the same thing applies? SUPERVISOR RUSSELL: The same standards apply. It is all encompassing. MS. EGAN: And that it is preferable but we will find out whether it can be in the form of monetary as opposed to consumable? We will find that out and we will know that by Thursday? TOWN ATTORNEY FINNEGAN: Sure. MS. EGAN: Good. So, have a good one and keep our little mail clerk in our prayers, she is still in the hospital. So, take care. SUPERVISOR RUSSELL: Point of information, being here as long as I have, I can tell you during Christmas time you usually get deluged with butter cookies and that is about the extent of it and I have had about 1,500 pounds of butter cookies over 15 years. MS. EGAN: Well, I have seen other things. SUPERVISOR RUSSELL: Anybody else? (No response) Motion to adjourn? 4. 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 5:30 P.M. * * * * * Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Scott Russell, Supervisor SECONDER: Thomas H. Wickham, Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell Page 90