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HomeMy WebLinkAboutAG-03/23/2010FINAL AGENDA SOUTHOLD TOWN BOARD March 23, 2010 7:30 PM POLICY: At scheduled Town Board meetings, the attending public is encouraged to briefly address the Town Board relating to agenda resolutions prior to their enactment; the public will also be given time at the conclusion of the regularly scheduled business agenda to address the Board on any given topic. CALL TO ORDER 7:30 PM Meeting called to order on March 23, 2010 at Meeting Hall, 53095 Route 25, Southold, NY. I. REPORTS 1. Program for the Disabled February 2010 2. Justice William H. Price February 2010 3. Board of Town Trustees February 2010 4. Human Resource Center Monthly Report - January - February II. PUBLIC NOTICES 1. Application to Army Corps of Engineers George baldwin, 1045 Island View Ln., Greenport - install a pier assembly in Peconic Bay. III. COMMUNICATIONS IV. DISCUSSION 1. 9:00 A.M. - Peter Young East End Lighthouses 2. 9:30 A.M. - Ben Suglia, Mattituck Lions Club water for Strawberry Fields 3. 10:00 A.M. - Chief Cochran - Motorcycles - Civil Service Lists 4. 10:30 A.M. - Jim McMahon basketball court 5. 10:45 A.M. - Heather Lanza Smart Growth Assistance from EPA 6. 11:00 A.M. - Mark Terry, Lorne Brousseau of Cornell Coop Ext MS4 7. 11:15 A.M. - Mark Terry LI Sound Futures Fund Grant Opportunities 8. 11:30 A.M. - Mike Verity & Damon Rallis Proposed Moratorium on Processing, reveiwing and approving site plans 1000' north and south of Route 25 from railroad trestle in Laurel to the Love Lane intersection in Mattituck. The 120 day moratorium would be used to evaluate land use, traffic, pedestrian flow, etc. in that area and a consultant would be hired. 9. Orient-East Marion Park District resignations and appointments 10. Amended Home Rule Message (S.6774A/A.9861A) An act authorizing and advisory, non-binding referendum in the towns of Brookhaven, Easst Hampton, Riverhead, Shelter Island, Southampton and Southold in the county of Suffolk on the creation of the Peconic Bay Regional Transportation Authority to replace the Metropolitan Regional Transportation Authority 11. Home Rule Message (S.7036/A.4665A) An Act to amend the public authorities’ law, in relation to the creation of the Peconic Bay Regional Transportation Authority. (gives the authority to creat the transportation district) 12. Proposed Local Law on Chapter 275 (Public Hearings) 13. 2010 Priority List of Stewardship Tasks on Preserves 14. Temporary Appointment as a Marriage Officer (Bob Scott) 15. Water Map Amendment/Browns Hills SEQRA 16. Hire Electrical Inspector? 17. LWRP Proposed Amendments 18. Refund to Resident for Electrical Inspection 19. Advertise for Part-Time Secretary in Police Dept; Seasonal Scale Operator at Landfill 20. Recommendations/Input from Committees 21. Referrals to Committees 22. 12:00 P.M. - EXECUTIVE SESSION - Michael Krauthamer, Esq. PBA Contract 23. 12:30 P.M. - Executive Session - John Sepenoski proposed acquisition of real property the publicity of which would substantially affect the value thereof 24. 12:45 P.M. - EXECUTIVE SESSION - Assessors Employment of a particular person 25. EXECUTIVE SESSION - Town Attorney Matters involving Employment of a particular person 26. EXECUTIVE SESSION - Litigation Update of Quad Enterprises Co. et al v. TOS et al MINUTES APPROVAL RESOLVEDaccepts the minutes that the Town Board of the Town of Southold hereby datedTuesday, February 23, 2010 : ? Vote Record - Acceptance of Minutes for February 23, 2010 7:30 PM Yes/Aye No/Nay Abstain Absent ? ? ? ? William Ruland ???????? Vincent Orlando ? Accepted ?? Accepted as Amended ???????? Christopher Talbot ?? Tabled ???????? Albert Krupski Jr. ???????? Louisa P. Evans ???????? Scott Russell RESOLVEDaccepts the minutes that the Town Board of the Town of Southold hereby datedTuesday, March 09, 2010 : ? Vote Record - Acceptance of Minutes for March 9, 2010 4:30 PM Yes/Aye No/Nay Abstain Absent ? ? ? ? William Ruland ???????? Vincent Orlando ? Accepted ?? Accepted as Amended ???????? Christopher Talbot ?? Tabled ???????? Albert Krupski Jr. ???????? Louisa P. Evans ???????? Scott Russell V. RESOLUTIONS 2010-227 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED approves the audit that the Town Board of the Town of Southold hereby dated March 23, 2010. ? Vote Record - Resolution RES-2010-227 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-228 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Set Next Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, April 6, 2010 at the Southold Town Hall, Southold, New York at 4:30 P. M.. ? Vote Record - Resolution RES-2010-228 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-229 Tabled 3/9/2010 4:30 PM CATEGORY: Strawberry Fields DEPARTMENT: Recreation Strawberry Fields - East End GreenFest Fiscal Impact: Police Department fees: $380.50 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Syd and Deborah Dufton to use Strawberry Fields in Mattituck for the East End GreenFest on July 24 & 25, 2010 (Saturday and Sunday) from 8:00 AM to 8:00PM. Set- up on July 23, 2010 and breakdown and field restoration on July 26, 2010, subject to the payment by applicant of $2500.00 to the Southold Town Clerk and the approval of the Town Attorney. Applicant must file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold and the County of Suffolk as additional insured’s. ? Vote Record - Resolution RES-2010-229 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-230 CATEGORY: Budget Modification DEPARTMENT: Planning Board Modify the 2009 Planning Department Part-Town Budget Fiscal Impact: To cover the cost of over-expenditure in three budget lines RESOLVEDmodifies the that the Town Board of the Town of Southold hereby Planning Department’s 2009 budget in the General Fund Part-town as follows: From: B.8020.4.600.200 Meetings and Seminars $655 Total $655 To: B.8020.1.200.100 Part Time Employee, Regular Earnings $ 1 B.8020.4.600.300 Travel Reimbursement 640 B.8020.4.400.600 Equipment Maintenance 14 Total $655 ? Vote Record - Resolution RES-2010-230 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-231 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification-Appropriate Park & Playground Fiscal Impact: Appropriate park & playground funds for Peconic Lane School as provided in the amended bond resolution for same adopted March 9, 2010 WHEREAS the Town Board of the Town of Southold amended the Bond Resolution for the acquisition of and improvements to the Peconic School Property and Building, increasing the total appropriation from $1,350,000 to $1,500,000, with funding provided from serial bond proceeds of $1,350,000 and grant funds and other available funds of $150,000, and WHEREAS the Town Board has appropriated Community Development Block Grant funds in the amount of $133,500 for this project in the Special Grant Fund, and WHEREAS the Town Board has determined that $16,500 is available in Park & Playground funds and is required to formally appropriate Park & Playground funds for this project, now therefore be it, modifies the General RESOLVED that the Town Board of the Town of Southold hereby Fund Whole Town 2010 budget as follows: To: Revenues: A.2025.00 Special Recreation Facilities Park & Playground $16,500 Appropriations: A.9901.9.000.100 Interfund Transfers Transfer to Capital Fund $16,500 ? Vote Record - Resolution RES-2010-231 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-232 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to the Mattituck Chamber of Commerce to Hold Its Annual Mattituck Street Fair and to Close Down Love Lane and Pike Street, East and West of Love Lane, Mattituck on Saturday July 10, 2010 (R/D July 11) from 8:00 AM to 4:30 PM Fiscal Impact: Total Police Department Cost for the Event = $293.40 RESOLVEDgrants permission that the Town Board of the Town of Southold hereby to the Mattituck Chamber of Commerce to hold its Annual Mattituck Street Fair and to close down Love Lane and Pike Street, east and west of Love Lane, Mattituck on Saturday July 10, 2010 (r/d July 11) from 8:00 AM to 4:30 PM provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and notify Capt. Flatley, upon notification of the approval of this resolution, to coordinate traffic control. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. ? Vote Record - Resolution RES-2010-232 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-233 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint Thomas Smith RESOLVEDappoints Thomas that the Town Board of the Town of Southold hereby Smith to the position of Highway Labor Crew Leader for the Highway Department, effective March 18, 2010, at a rate of $29.0596 per hour. ? Vote Record - Resolution RES-2010-233 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-234 CATEGORY: Bond DEPARTMENT: Planning Board Release Performance Bond - Forestbrook at Bayview RESOLVEDreleases the that the Town Board of the Town of Southold hereby following Performance Bond for "Forestbrook at Bayview", No. 1510 issued by the State Bank of Long Island in the amount of $193,810.00, as recommended by the Southold Town Planning Board after receipt has been made of $15,000.00 cash to the Town Clerk’s office for completion of the fire well, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2010-234 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-235 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Amend Resolution to Grant Permission to the North Fork Chamber of Commerce and Cutchogue Fire Department to Use Certain Roads for Its Annual St. Patrick’s Day Parade in Cutchogue, on Saturday, March 13, 2010 Fiscal Impact: Total Police Department Cost for Event = $398.56 RESOLVED amends Resolution that the Town Board of the Town of Southold hereby 2010-169, adopted at the February 23, 2010 regular meeting, to read as follows: RESOLVED that the Town Board of the Town of Southold hereby grants permission to the North Fork Chamber of Commerce and Cutchogue Fire Department to use the following route: beginning at Cox Lane and using Eugene’s Road as a staging area; west on Main Road to Cases Lane; ending at Village Green, for its Annual St. Patrick’s Day March 27, 2010 Parade in Cutchogue, on Saturday, March 13, 2010 beginning at 2:00 PM, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and contact Capt. Flatley upon receipt of the approval of this resolution to coordinate traffic control. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. ? Vote Record - Resolution RES-2010-235 ? Adopted Yes/Aye No/Nay Abstain Absent ??? ? ? ? Adopted as Amended William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Christopher Talbot ?? Withdrawn ???????? Albert Krupski Jr. ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-236 CATEGORY: Organizational DEPARTMENT: Town Clerk Payment of 2010 Dues RESOLVED amends resolution that the Town Board of the Town of Southold hereby 2010-35, adopted at the January 5, 2010 Organizational Meeting, to read as follows: RESOLVED that the Town Board of the Town of Southold hereby approves the payment of 2010 Suffolk County, New York State and other related association dues for elected and appoint officials, and expenses incurred by these Southold Town elected and appointed officials with respect to said associations: New York State Association of Towns New York State Association of Large Towns New York State Planning Federation New York State Association of Conservation Commissions East End Supervisor's & Mayor's Association Suffolk County Supervisor's Association New York State Supervisor's & County Legislator's Association Nassau-Suffolk Town Clerk's Association New York State Town Clerk's Association New York State Association of Local Government Record Officers International Institute Municipal Clerks ARMA International, Association for Information Management Professionals New York State Town Attorneys Association Suffolk County Town Attorney's Association New York State Bar Association Suffolk County Bar Association New York State Assessor's Association Suffolk County Assessor's Association Suffolk County Tax Receiver's Association Suffolk County Superintendent of Highways Association New York State Magistrate's Association Suffolk County Magistrates Association Nassau-Suffolk Court Clerk’s Association Long Island Association of Municipal Comptrollers New York State Government Finance Officer's Association, Inc. New York State Chiefs of Police Association International Chiefs of Police Association Suffolk County Chiefs of Police Association Suffolk County Police Conference ? Vote Record - Resolution RES-2010-236 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-237 CATEGORY: Budget Modification DEPARTMENT: Fishers Island Ferry District FIFD Budget Mod 2009 Fiscal Impact: to cover over expended budget lines RESOLVED that the Town Board of the Town of Southold hereby modifies the 2009 Fishers Island Ferry District budget as follows: TO: EXPENDITURES: SM 5710.4.000.200 Utilities, Fishers Island $1,500.00 Additional Water Co surcharge Total $1,500.00 FROM: EXPENDITURES: SM.5710.4.000.300 Fuel Oil Vessels $1,500.00 Total $1,500.00 ? Vote Record - Resolution RES-2010-237 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-238 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District Budget Mod - SWMD Payloader Fiscal Impact: Radiator repairs on Komatsu loader deemed feasible and necessary. Anticipated trailer repairs can be postponed. RESOLVEDmodifies the that the Town Board of the Town of Southold hereby 2010 Solid Waste Management District budget as follows: From: SR 8160.4.400.680 (Trailer fleet repairs): $4,000 To: SR 8160.4.100.550 (Komatsu Payloader Maintenance): $4,000 ? Vote Record - Resolution RES-2010-238 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-239 CATEGORY: Fmla DEPARTMENT: Accounting Grant FMLA Leave to a Town Employee RESOLVED that the Town Board of the Town of Southold hereby grants up to a 12 week leave of absence under the FMLA (the Family and Medical Leave Act) to Administrative employee #5500 pending submission of properly completed FMLA paperwork. ? Vote Record - Resolution RES-2010-239 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ?????????? Withdrawn Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt THIS RESOLUTION TO BE TABLED 2010-240 CATEGORY: L W R P DEPARTMENT: Town Attorney LWRP/Amendment Accepting Policies for Submission to NYS Dept. of State THIS RESOLUTION TO BE TABLED WHEREAS , the Town of Southold has amended the Town’s Local Waterfront Revitalization Program by amending the Town’s Waterfront Consistency Review Law in cooperation with the New York State Department of State in accordance with the provisions of Executive Law, Article 42; and WHEREAS , the Town of Southold has amended the Town’s Local Waterfront Revitalization Program to reflect changes made to the maps and narratives for the State’s Significant Coastal Fish and Wildlife Habitats within the Town’s Local Waterfront Revitalization Area; and WHEREAS , the Town Board hereby declares itself as lead agency for this unlisted action and will conduct an uncoordinated review in accordance with the requirements of the State Environmental Quality Review Act and 6 NYCRR 617.6(b)(4) of the implementing regulations of Article 8 of the New York State Environmental Conservation Law; NOW, THEREFORE, BE IT RESOLVED that the Local Waterfront Revitalization Program Amendment for the Town of Southold is accepted by the Town Board as complete and ready for public review and shall be submitted to the New York State Department of State for its review by State, Federal and Regional agencies pursuant to the provisions of Article 42 of the New York State Executive Law; BE IT FURTHER RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Amendment at the Southold Town Hall, 53095 Main th 20 day of April, 2010 at 7:35 p.m. Road, Southold, New York, on the at which time all interested persons will be given an opportunity to be heard. ? Vote Record - Resolution RES-2010-240 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-241 CATEGORY: Attend Seminar DEPARTMENT: Assessors Attend Seminar - Assessors RESOLVED that the Town Board of the Town of Southold hereby grants permission to Robert I Scott, Jr. and Kevin W. Webster to attend a one day course on the Ethics for Assessors at the Holiday Inn, Fishkill, NY on April 16, 2010, all expense to be a legal charge to the 2010 Assessors budget. ? Vote Record - Resolution RES-2010-241 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-242 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Agreement W/Harold’s LLC - F.I. Sewer District RESOLVEDauthorizes and that the Town Board of the Town of Southold hereby directs Supervisor Scott A. Russell to execute the Agreement between Harold’s LLC (Harold Cook) and the Town of Southold for the operation and maintenance of the Pump Station of the Fishers Island Sewer District for a one year term commencing on April 1, 2010 and ending on March 31, 2011, for the sum of $187.30 per month, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2010-242 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-243 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Agreement Between the Town of Southold and the Village of Greenport for the Use of the Village Marine Pump-Out Station RESOLVED authorizes and that the Town Board of the Town of Southold hereby directs Supervisor Scott A. Russell to execute the Agreement between the Town of Southold and the Village of Greenport for the use of the Village Marine Pump-Out Station in connection with the Trustees’ pump-out boat for the period May 21, 2010 through October 31, 2010, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2010-243 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-244 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney 2010 Letter of Intent - Pump Out Boat RESOLVEDauthorizes and that the Town Board of the Town of Southold hereby directs Supervisor Scott A. Russell to execute the Letter of Intent, Clean Vessel Assistance Program Operation & Maintenance Annual Application, request for reimbursement form, and any other accompanying documents between the Town of Southold and the New York State Environmental Facilities Corporation in connection with the filing of a Clean Vessel Assistance Program Operation & Maintenance Grant Program Annual Application for 2010 for grant funds up to the maximum amount of $5,000 per boat regarding the two pump-out boats owned and operated by the Town of Southold, utilized for the Town and Fishers Island, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2010-244 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-245 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Contract Between the Town of Southold and the North Fork Audubon Society in Connection with the Beach-Dependent Species Management RESOLVEDauthorizes and that the Town Board of the Town of Southold hereby directs Supervisor Scott A. Russell to execute the contract between the Town of Southold and the North Fork Audubon Societybeach- in connection with the dependent species management in the total amount of $20,000.00 as follows: Down Payment: $4,000.00 within 10 business days of contract signing nd 2 Payment: $4,000.00 Upon receipt of mid-season report due 6/15/10 rd 3 Payment: $2,000.00 Upon receipt of end of season report due 9/15/10 th 4 Payment: $4,000.00 At start of Season 3/1/11 th 5 Payment: $4,000.00 Upon receipt of mid-season report due 6/15/11 th 6 & Final Payment: $2,000.00 Upon receipt of end of season report due 9/15/11 March 1, 2012 for the term through , all in accordance with the approval of the Town Attorney. ? Vote Record - Resolution RES-2010-245 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-246 CATEGORY: Seqra DEPARTMENT: Town Attorney LL/Amendments to Chapter 275 SEQRA RESOLVED that the Town Board of the Town of Southold hereby finds that the “A Local Law in relation to Amendments to Chapter 275, Wetland and proposed Shoreline” is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action in accordance with the recommendation of Mark Terry dated March 19, 2010, and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith, and is consistent with the LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. ? Vote Record - Resolution RES-2010-246 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-247 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Public Works Peconic Community Center Improvements RESOLVEDauthorizes and that the Town Board of the Town of Southold hereby directs Supervisor Scott A. Russell to execute an Agreement with Vetter Environmental Science in connection with the improvements to the Peconic Community Center, in the amount of $2,650, for an asbestos and lead paint survey, at the Community Center, all in accordance with the approval of the Town Attorney. ? Vote Record - Resolution RES-2010-247 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-248 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Public Works Peconic Community Center Improvements RESOLVEDauthorizes and that the Town Board of the Town of Southold hereby directs Supervisor Scott A. Russell to execute an Agreement with JBH Environmental Restoration, 194 Atlantic Avenue, Garden City, NY, in connection with the Peconic Community Center Improvement Project, in the amount of $21,225, all in accordance with the approval of the Town Attorney. ? Vote Record - Resolution RES-2010-248 Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? ??William Ruland Adopted as Amended ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Christopher Talbot ?????????? Withdrawn Albert Krupski Jr. ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-249 CATEGORY: Employment - Town DEPARTMENT: Accounting Permission to Advertise for PT Home Health Aide RESOLVED that the Town Board of the Town of Southoldhereby authorizes and directs the Town Clerk to advertise for the position of part-time Home Health Aide for the senior nutrition program at the Human Resource Center at a rate of $13.04 per hour. ? Vote Record - Resolution RES-2010-249 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-250 CATEGORY: Budget Modification DEPARTMENT: Public Works Laurel Lake Preserve - NYS Parks Grant Fiscal Impact: Laurel Lake Preserve - NYS Parks Grant for Laurel Lake Trail & Site Improvements. This Project is funded 100% by the NYS Parks grant RESOLVEDmodifies the that the Town Board of the Town of Southold hereby 2010 budget as follows: To: H3.3097.20 Capital Grant NYS Parks, Laurel Lake Preservation and Trail Plan $49,897 To: H3.8710.2.400.300 Capital Outlay, Contracted Services Laurel Lake Preservation & Trail Plan $49,897 ? Vote Record - Resolution RES-2010-250 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-251 CATEGORY: Budget Modification DEPARTMENT: Public Works Bittner Preserve NYSDOS, EPF Grant Fiscal Impact: The Bittner Preserve Project is funded $100% by a EPF grant from NYSDOS RESOLVEDmodifies the that the Town Board of the Town of Southold hereby 2010 budget as follows: To: H3.3097.30 Capital Grant, NYSDOS Bittner Preserve Improvements $175,931 To: H3.8710.2.400.400 Capital Outlay, Contracted Services Bittner Preserve Improvements $175,931 ? Vote Record - Resolution RES-2010-251 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-252 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint Diana Whitecavage to P/T Account Clerk RESOLVEDappoints Diana that the Town Board of the Town of Southold hereby Whitecavage to the position of a Part-Time Account Clerk for the Accounting and Finance Department, effective March 29, 2010, at a rate of $13.80 per hour, not to exceed 17.5 hours per week. ? Vote Record - Resolution RES-2010-252 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-253 CATEGORY: Home Rule Request DEPARTMENT: Town Clerk Amend the Request to Enact Senate Bill S.6774 and Assembly Bill A.9861 Entitled “AN ACT Authorizing an Advisory, Non-Binding Referendum in the Towns of East Hampton, Riverhead, Shelter Island, Southampton and Southold in the County of Suffolk on the Creation of the Peconic Bay Regional Transportation Authority to Replace the Metropolitan Transportation Authority”. WHEREAS , a bill has been introduced in the State Legislature as Senate Bill S.6774 and Assembly Bill A.9861 and WHEREAS , the bill seeks to authorize an advisory, non-binding referendum in the towns of East Hampton, Riverhead, Shelter Island, Southampton and Southold on the creation of the Peconic Bay Regional Transportation Authority (RTA) to replace the Metropolitan Transportation Authority (MTA); now, therefore be it RESOLVED that pursuant to Article IX of the Constitution, the Town Board of the hereby requests the enactment of Senate Bill S.6774 and Assembly Town of Southold Bill A.9861“AN ACT authorizing an advisory, non-binding referendum in entitled the towns of East Hampton, Riverhead, Shelter Island, Southampton and Southold in the county of Suffolk on the creation of the Peconic Bay Regional Transportation Authority to replace the Metropolitan Transportation Authority” . ? Vote Record - Resolution RES-2010-253 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ?????????? Withdrawn Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-254 CATEGORY: Home Rule Request DEPARTMENT: Town Clerk Request the Enactment of Senate Bill S.7036 and Assembly Bill A.4665A Entitled “AN ACT to Amend the Public Authorities Law, in Relation to the Creation of the Peconic Bay Regional Transportation Authority” WHEREAS , a bill has been introduced in the State Legislature as Senate Bill S.7036 and Assembly Bill A.4665A and WHEREAS , the bill would create the Peconic Bay Regional Transportation authority; this authority shall be a body corporate and politic constituting a public benefit corporation; now, therefore, be it RESOLVED that pursuant to Article IX of the Constitution, the Town Board of the hereby requests the enactment of Senate Bill S.7036 and Assembly Town of Southold Bill A.4665A“AN ACT to amend the public authorities law, in relation to entitled the creation of the Peconic Bay regional transportation authority” . ? Vote Record - Resolution RES-2010-254 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-255 CATEGORY: Organizational DEPARTMENT: Town Clerk Temp Marriage Officer RESOLVEDappoints Town that the Town Board of the Town of Southold hereby Clerk Robert I. Scott as a Temporary Marriage Officer for the Town of Southold, on September 25, 2010 only, to serve at no compensation. ? Vote Record - Resolution RES-2010-255 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-256 CATEGORY: Advertise DEPARTMENT: Town Clerk Advertise for Part-Time Secretary in the Police Department RESOLVEDhereby authorizes and that the Town Board of the Town of Southold directs the Town Clerk to advertise for the position of part-time Secretary in the Police Department, not to exceed 17.5 hours per week. ? Vote Record - Resolution RES-2010-256 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-257 CATEGORY: Budget Modification DEPARTMENT: Town Attorney Budget Modification - Browns Hills SEQRA Fiscal Impact: for the purpose of covering expenses associated in connection with the SEQRA review being performed by Nelson, Pope & Voorhis, LLC for the Water Map Amendment for the Browns Hills Subdivision in Orient: RESOLVEDmodifies the that the Town Board of the Town of Southold hereby General Fund Whole Town 2010 budget as follows TO: A.1010.4.500.300 Town Board, Environmental Consultant $500.00 FROM: A.1990.4.100.100 Unallocated Contingencies $500.00 ? Vote Record - Resolution RES-2010-257 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Christopher Talbot ?? Withdrawn ???????? Albert Krupski Jr. ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-258 CATEGORY: Advertise DEPARTMENT: Town Clerk Advertise for Part-Time Seasonal Scale Operator at the Collection Center RESOLVEDauthorizes and that the Town Board of the Town of Southold hereby directs the Town Clerk to advertise for the part-time position of Seasonal Scale Operator at the Collection Center, not to exceed 20 hours per week. ? Vote Record - Resolution RES-2010-258 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-259 CATEGORY: Seqra DEPARTMENT: Town Attorney Authorizes Supervisor Scott A. Russell to Retain Nelson, Pope & Voorhis, LLC to Perform a SEQRA Review for an Amendment to the Water Map Regarding the Browns Hills Subdivision in Orient RESOLVEDauthorizes that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to retain Nelson, Pope & Voorhis, LLC to perform a SEQRA review for an Amendment to the Water Map regarding the Browns Hills Subdivision in Orient, in accordance with their Proposal dated March 8, 2010, at a cost not to exceed $3,500.00 (Budget Line A.1010.4.500.300), subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2010-259 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-260 CATEGORY: Committee Appointment DEPARTMENT: Town Attorney Orient-East Marion Park District Commissioner Appointment WHEREAS , the Town Board of the Town of Southold hereby accepts the resignation of Stewart Horton from his position as Commissioner of the Orient-East Marion Park District effective March 13, 2010; WHEREAS , Mr. Horton’s term expires on December 31, 2011. NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of hereby appoints Southold, in accordance with the provisions of Town Law Article 13, Linda Goldsmith to serve as an Orient-East Marion Park District Commissioner effective immediately through December 31, 2010 ; and be it further RESOLVED that the remainder of Mr. Horton’s term will be served by an individual duly elected at the next election. ? Vote Record - Resolution RES-2010-260 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-261 CATEGORY: Committee Appointment DEPARTMENT: Town Attorney Orient-East Marion Park District Commissioner WHEREAS , the Town Board of the Town of Southold hereby accepts the resignation of Mary Foster Morgan from her position as Commissioner of the Orient-East Marion Park District effective March 13, 2010; WHEREAS , Ms. Morgan’s term expires on December 31, 2010. NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of hereby appoints Southold, in accordance with the provisions of Town Law Article 13, Linton Duell to serve as an Orient-East Marion Park District Commissioner effective immediately through December 31, 2010. ? Vote Record - Resolution RES-2010-261 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-262 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk LL/Amendments to Chapter 275 WHEREAS, there has been presented to the Town Board of the Town of Southold, “A Suffolk County, New York, on the 2nd day of February, 2010, a Local Law entitled Local Law in relation to Amendments to Chapter 275, Wetlands and Shoreline” and WHEREAS that the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the “A Local Law in relation to Amendments to Chapter proposed Local Law entitled, 275, Wetlands and Shoreline” which reads as follows: LOCAL LAW NO. 1 of 2010 “A Local Law in relation to Amendments to Chapter 275, A Local Law entitled, Wetlands and Shoreline” . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. I.Purpose – In order to provide for the health, safety and welfare of the citizens of the Town of Southold, and to protect the natural protective areas existing within the Town, it is necessary to make certain amendments to Chapter 275. These amendments are intended to support the protection of environmental features within the Trustees’ jurisdiction, simplify the permit process, codify and clarify policies and strengthen enforcement. II. II. Chapter 275 of the Code of the Town of Southold is hereby amended as follows: ARTICLE 1 General Provisions § 275-4 Exceptions. [§ 275-4 A(1) through (3) and (5) through (11) – text remains the same.] A. The provisions of this chapter shall not require a permit for the following: (4) The ordinary and usual operations relative to residential horticulture within Trustees' jurisdiction provided they are limited to the use of noninvasive native species of vegetation. This exception does not include activity on a bluff. Re-grading and removal of trees are not considered such ordinary and usual operations. ARTICLE II Permits § 275-5 Permit procedures. [§ 275-5 B(1), B(2)(a) through (f) and (h) through (p) – text remains the same.] B. Administrative permit. (2) The following operations will be considered for administrative review, in accordance with the standards set forth in § 275-11. The Board of Trustees may consider operations for administrative review other than those listed below if the operations fall within the definition as set forth in § 275-5 B(1) : (g) (g)The demolition, removal, relocation, repair and/or upgrading of existing fuel tanks of less than 550 gallon capacity, fuel lines, fuel dispensers, cesspools, septic systems, or sanitary wastewater activities, including necessary site work, and provided that such activity will not have an undue adverse impact on the wetlands and tidal waters of the Town. (q) (q)An application for proposed aquaculture activity that includes surface mounting gear in an area greater than five square yards. C. Emergency permits. The Trustees may issue a temporary emergency permit where specific exigent circumstances exist that may result in personal or property loss or damage. Upon expiration of temporary permit or before the date of expiration, the applicant must apply for a permit as set forth in §§ 275-5, 275-6 and 275-7. § 275-7 Fees. [§ 275-7 A through D and F – text remains the same.] E. Dock and float fee. Every application for a new dock or float shall include a fee equal to $3 per square foot of linear length for residential and commercial docks. Commercial docks are any structures that are rented, leased or otherwise used to generate income, including, but not limited to, those structures located on properties zoned M1 and M2. § 275-8 Processing of application. [§ 275-8 A through G – text remains the same.] H. Administrative permits. An administrative permit includes operations that are is deemed to have no adverse environmental impact on the wetlands and tidal waters of the Town, and a public hearing and notice are not required prior to issuance of a permit. The final decision will be made upon resolution. § 275-10 Contents of permit. [§275-10 A through J and L – text remains the same.] K. A statement that "The permittee is required to provide evidence that a copy of this Trustee permit has been recorded with the Suffolk County Department of Real Properties Clerk’s Office as a notice covenant and deed restriction to the deed of the subject parcel. Such evidence shall be provided within 90 calendar days of issuance of this permit." § 275-11 Construction and operation standards. [§ 275-11 A, B(1)(a) through (b) and (d) through (m) – text remains the same; §275-11 C(1), (2)(a)[1] through [8] and [10] through 13 – text remains the same.] B. Shoreline structures. (c) Bulkheads on the Sound must be armored with stone. C. In water. (2) Docks. (a)[9] All applicants for docks, including catwalks and ramps, extending across the foreshore shall be required to give and maintain a public passing way on the landward end of the dock, on the upland, not less than five feet in width, to enable persons to pass and repass around said dock or by steps or a ramp allowing pedestrian passage. § 275-12.1. Stop-work orders. A. The Bay Constable, Zoning Inspector, or Code Enforcement Officer is authorized to issue stop-work orders pursuant to this section. The Bay Constable, Zoning Inspector, or Code Enforcement Officer shall issue a stop-work order to halt: (1) Any work that is determined by the Bay Constable, Zoning Inspector, or Code Enforcement Officer to be contrary to any applicable provision of this chapter, or: (a) Any work that is being conducted in a dangerous or unsafe manner in the opinion of the Bay Constable, Zoning Inspector or Code Enforcement Officer, without regard to whether such work is or is not work for which a Trustee permit is required, and without regard to whether a Trustee permit has or has not been issued for such work; or [§275-12.1 A(1)(b) – text remains the same.] B. Stop-work orders shall: (1) Be in writing; (2) Be dated and signed by the Bay Constable, Zoning Inspector, or Code Enforcement Officer; [§275-12.1 B(3) and (4) – text remains the same.] C. The Bay Constable, Zoning Inspector, or Code Enforcement Officer 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 Bay Constable, Zoning Inspector, or Code Enforcement Officer shall be permitted, but not required, to cause the stop-work order, or a copy thereof, to be served on any or all of the following: builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other person taking part or assisting in work affected by the stop-work order, personally or by certified mail and posting; provided, however, that failure to serve any person listed above shall not affect the efficacy of the stop-work order. [§275-12.1 D and E – text remains the same.] ARTICLE III Administration and Enforcement § 275-15. Coordination and enforcement. The Director of Code Enforcement, Zoning Inspector, and/or the Bay Constable are responsible for coordination and enforcement of the provisions of this chapter. The Director of Code Enforcement, Zoning Inspector, and Bay Constables have the authority to issue violations of this chapter. § 275-16. Compliance requirements; 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 any provisions of this chapter or to fail in any manner to comply with a written notice, directive or order of the Director of Code Enforcement, Zoning Inspector, or Bay Constable or to conduct any operation in a manner not in compliance with a permit issued pursuant to this chapter. B. For each 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 any Director of Code Enforcement, Zoning Inspector, or 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 Director of Code Enforcement, Zoning Inspector, or Bay Constable shall be subject to the following fine schedule. Each day on which such violation occurs may constitute a separate, additional offense. [§ 275-16 B (1) through (6) – text remains the same.] (7) Other offenses. For an offense against any of the provisions of this Chapter not specifically designated above, a violator shall be subject to a fine of not more than $1,000.00. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV.EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as ? Vote Record - Resolution RES-2010-262 Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland ?? Adopted as Amended ???????? ??Vincent Orlando Defeated ?? Tabled ???????? Christopher Talbot ?? Withdrawn ???????? Albert Krupski Jr. ?? Supervisor's Appt ???????? Louisa P. Evans ?????????? Tax Receiver's Appt Scott Russell ?? Rescinded ?? Town Clerk's Appt ?? Supt Hgwys Appt 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 __________ P.M. * * * * * Elizabeth A. Neville Southold Town Clerk VI. PUBLIC HEARINGS 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. PH Chapter 275 3/23/2010 7:35 pm