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HomeMy WebLinkAboutAG-05/18/2010 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 www.southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER FINAL AGENDA SOUTHOLD TOWN BOARD May 18, 2010 4:30 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 4:30 PM Meeting called to order on May 18, 2010 at Meeting Hall, 53095 Route 25, Southold, NY. I. REPORTS 1. Trustees Monthly Report April 2010 2. Recreation Department April 2010 3. Town Clerk April 2010 4. Special Projects Coordinator April 2010 5. Building Department April 2010 6. Island Group - Employee Health Care Plan Claim Lag Report 4/1/09-3/31/10 7. Justice William H. Price Jr April 2010 Southold Town Meeting Agenda - May 18, 2010 Page 2 8. Justice Rudolph H. Bruer April 2010 9. Annual Financial Report Fisca Year 2009 10. Zoning Board of Appeals April 2010 11. Program for the Disabled April 2010 II. PUBLIC NOTICES 1. NYS Liquor License Renewal Fishers Isalnd Yacht Club Inc, Fishers Island 2. Construction of a Proposed 75’ Unipole Style Monopole For AT&T Mobility at 1040-B Hortons Ln., Southold III. COMMUNICATIONS IV. DISCUSSION 1. 9:00 Am - Peter Meeker, Southold Town Energy Committee Lighting project proposal 2. 9:30 Am - John Sepenoski, Jamie Richter MS4 Status Update 3. 10:00 Am - John Cushman Budget 4. Request for Parking Relief Peconic Bay Power Squadron 5. Application for Trailer Permit for Temporary Housing 6. 11:00 Am - Jim McMahon Procurement Policy 7. Exposure Control Plan 8. LWRP/Acceptance of Policies for Submission to NYSDOS Southold Town Meeting Agenda - May 18, 2010 Page 3 9. Set Public Hearing, LL Night Fishing Permits 10. Set Public Heraing LL Accessory Apartments 11. Plum Island Scoping Session 12. Committee Membership per Councilman Krupski 13. Request for Use of Preserved Propoerty, ABTF Follow Up 14. Wireless Code Amendment for Cell Tower Preferred Locations 15. Request for Use of the New Suffolk Boat Ramp 16. Executive Session Employment History of Particular Persons 17. Compost for a New Suffolk “Community Garden” Jim Bunchuck V. RESOLUTIONS 2010-362 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby May 18, 2010. ? Vote Record - Resolution RES-2010-362 ? 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 2010-363 CATEGORY: Set Meeting Southold Town Meeting Agenda - May 18, 2010 Page 4 DEPARTMENT: Town Clerk Set Next Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, June 1, 2010 at the Southold Town Hall, Southold, New York at 4:30 P. M.. ? Vote Record - Resolution RES-2010-363 ? 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 2010-356 Tabled 5/4/2010 4:30 PM CATEGORY: Bid Acceptance DEPARTMENT: Solid Waste Management District Accept Bid of Cornwall Coal for Bagging System from SWD RESOLVED accepts the bid of that the Town Board of the Town of Southold hereby Cornwall Coal Sales, LLC (P O Box 465, Cornwall, NY 12518) $45,001 in the amount offor purchase of the JEMS Model MCR600 Bagging System from the Southold Town Solid the Waste District, all in accordance with the review and approval of the Town Attorney. ? Vote Record - Resolution RES-2010-356 ? 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 2010-364 CATEGORY: Employment - Town DEPARTMENT: Accounting Employee Title Change Southold Town Meeting Agenda - May 18, 2010 Page 5 RESOLVEDchanges the Civil Service that the Town Board of the Town of Southold hereby title for Terry Pace of the Highway Department from Highway Labor Crew Leader to Auto Mechanic IV, effective immediately at the same rate of pay. ? Vote Record - Resolution RES-2010-364 ? 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 2010-365 CATEGORY: Budget Modification DEPARTMENT: Police Dept Budget Modification- Police Department Fiscal Impact: Donation received by the Police Department to be put towards the Office Equipment/Chairs budget line. RESOLVEDmodifies the 2010 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: To: Revenues : A.2705.40 Gifts & Donations $500 To: Appropriations : A.3120.2.200.200 Office Equipment/Chairs $500 ? Vote Record - Resolution RES-2010-365 ? 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 2010-366 Southold Town Meeting Agenda - May 18, 2010 Page 6 CATEGORY: Retirement/Resignation DEPARTMENT: Police Dept Accept Intent to Retire- Todd Pezzolesi RESOLVEDacknowledges Todd that the Town Board of the Town of Southold hereby Pezzolesi’s intent to retire from the position of part-time Constable Fishers Island effective June 1, 2010, and be it further RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to place an advertisement in the New London Day seeking candidates to fill an anticipated vacant part-time Constable Fishers Island position. ? Vote Record - Resolution RES-2010-366 ? 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 2010-367 CATEGORY: Attend Seminar DEPARTMENT: Police Dept Grant Permission to Police Officer Hudock to Attend Seminar 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 Association rdth Quarterly meeting commencing on Thursday, June 3 through Friday, June 4 , 2010 in Geneva, New York. All expenses for travel and miscellaneous expenses to be a legal charge to the 2010 Juvenile Aid Budget line- A.3157.4.600.200. Travel to be by Department vehicle. ? Vote Record - Resolution RES-2010-367 ? 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 Southold Town Meeting Agenda - May 18, 2010 Page 7 2010-370 CATEGORY: Employment - Town DEPARTMENT: Accounting Hire Pumpout Boat Operators Fishers Island RESOLVEDappoints that the Town Board of the Town of Southold hereby Michael L. Conroy and George E. Peabody Jr., each to the seasonal position of Pumpout Boat Operator for the Trustees in waters around Fishers Island, effective May 24, 2010 through November 1, 2010, at a rate of $16.00 per hour. ? Vote Record - Resolution RES-2010-370 ? 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 2010-371 CATEGORY: Employment - Town DEPARTMENT: Accounting Hire Student Intern for Stormwater Mitigation RESOLVEDappoints Meaghan Burke that the Town Board of the Town of Southold hereby to the position of Student Intern II in the Planning Department at a rate of $12.00 per hour, said appointment starting on or about May 24, 2010 and ending on or about August 13, 2010, with the costs associated with this employment to be funded in full or in part by grant contract C303426, Peconic Estuary Program – Hashamomuck Pond between the Town and the NYS Department of Environmental Conservation or other storm water mitigation grant contracts with other state agencies . Southold Town Meeting Agenda - May 18, 2010 Page 8 ? Vote Record - Resolution RES-2010-371 ? 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 2010-372 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification for Indepedant Accountants Fiscal Impact: An appropriation not to exceed $1500 for assistance with the calculation, review and preparation of W- 2c's and 941X's for Section 207c payments made from 2007 to 2009. The Town will recover the employer match of FICA and Medicare taxes for this period, as well as not incur the cost of these benefits relating to 207c payments for the current and future fiscal years. The Town will recover and return to the employee said taxes for 2007 to 2009 if permission is granted by the impacted employee. RESOLVEDmodifies the 2010 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: From: A.9030.8.000.000 Social Security Benefits $1,500 To: A.1320.4.500.300 Independent Auditing and Accounting $1,500 ? Vote Record - Resolution RES-2010-372 ? 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 2010-373 CATEGORY: Employment - Town DEPARTMENT: Town Attorney Memorandum of Agreement W/CSEA Southold Town Meeting Agenda - May 18, 2010 Page 9 RESOLVEDapproves the that the Town Board of the Town of Southold hereby Memorandum of Agreement between the Town of Southold and the CSEA dated April 20, 2010, concerning the settlement of employee Grievance Nos. 2009-001 and 2009-009. ? Vote Record - Resolution RES-2010-373 ? 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 2010-374 CATEGORY: Employment - Town DEPARTMENT: Accounting Hire Student Intern - Planning Department RESOLVEDappoints that the Town Board of the Town of Southold hereby Nicholas A. Dickerson to the position of Student Intern III in the Planning Department at a rate of $15.00 per hour, said appointment starting on or about June 21, 2010 and ending on or about September 17, 2010. ? Vote Record - Resolution RES-2010-374 ? 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 2010-375 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Lease Agreement W/Capital One Bank Southold Town Meeting Agenda - May 18, 2010 Page 10 RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute a Lease Agreement between the Town of Southold and Capital One Bank for the public parking lot located on Pike Street in Mattituck, for a term of ten years, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2010-375 ? 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 2010-376 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to the Orient Fire Department to Hold Its Annual Memorial Day Parade in Orient on Monday, May 31, 2010 Fiscal Impact: Police Department Cost for the Event = $287.00 RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Orient Fire Department to use the following route for its Annual Memorial Day Parade in Orient on Monday, May 31, 2010 beginning at 7:30 AM: begin at the Firehouse and take Tabor Road to Orchard Street to Navy Street to Village Lane to Main Road and back to the Firehouse, 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-2010-376 ? 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 Southold Town Meeting Agenda - May 18, 2010 Page 11 2010-377 CATEGORY: Employment - Town DEPARTMENT: Recreation Hire Summer Seasonal Staff Resolved that the Town Board of the Town of Southold appoint the following 2010 seasonal summer staff for the period June 26 - September 6, 2010 as follows: STILLWATER LIFEGUARDS HOURLY SALARY Ivy Croteau (2nd year) ………………………… $12.17 Adam Doroski (2nd year)……………………….$12.17 Jordan Doroski (8th year)………………………$13.82 Ryan Farrell (2nd year)………………………….$12.17 Aidan Fogarty (2nd year)………………………..$12.17 Matthew Grzesik (2nd year)…………………… $12.17 Julianne Hall (4th year)………………………….$12.72 Matthew Hallock (1st year)……………………...$12.17 Brittany Knote (5th year)……………………… ..$12.99 Nicole Kozlowska (3rd year)…………………….$12.44 Michel Liegey (1st year)……………………….. $12.17 Christiana Marron (4th year)…………………… $12.72 th McElro, Timothy (4 year)………………………$12.72 Sean Norberg (1st year)……………………….. ..$12.17 Jessica Orlando (3rd year)……………………….$12.44 Kevin Parma (2nd year)………………………....$12.17 Megan Ross (2nd year)……………………….… $12.17 Katie Scott (2nd year)…………………………...$12.17 Thomas Smith (4th year)…………………………$12.72 Andreas Stavropolis (2nd year)………………… $12.17 Winston Wilcenski (1st year)…………………….$12.17 Maeghan Wood (1st year)……………………….$12.17 Breton Worthington (1st year)……………………$12.17 BEACH ATTENDANTS Rick Gramazio (2nd year)…………………………$9.42 Jacklyn Goy (1st year)…………………………….$9.42 Emily Metz (2nd year)……………………………$9.42 Kevin Metz (3rd year)……………………………$9.58 John O’Donnell (2nd year)………………………..$9.42 RECREATION SPECIALISTS (WATER SAFETY INSTRUCTORS) Emma Chylinski (1st year)……………………..…$16.57 Jessica McDonnell (1st year)…………………..…$16.57 Southold Town Meeting Agenda - May 18, 2010 Page 12 BEACH MANAGER Arthur Quintana (22nd year)…………………..…$15.94 RECREATION AIDES (PLAYGROUND INSTRUCTORS) Jacklyn Goy (2nd year)………………………..…$11.34 Ashley Hruz (2nd year)…………………………..$11.34 LIFEGUARD TRAINERS Deborah Hennenlotter (8th year)………………….$17.24 Meg Sautkulis (1st year)…………………………..$15.74 ? Vote Record - Resolution RES-2010-377 ? 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 2010-378 CATEGORY: Attend Seminar DEPARTMENT: Police Dept Grant Permission to Detective/Sgt. John Sinning to Attend a Seminar RESOLVED grants permission to that the Town Board of the Town of Southold hereby Detective Sergeant John Sinning to attend a Microsoft Access 2-Day Hands-On Workshop thth at the Islandia Marriot Hotel, in Hauppauge, NY, on June 6 and 7, 2010. All expenses for registration and travel to be a legal charge to the 2010 Police Training budget line – A.3120.4.600.200. Travel to be by department vehicle. ? Vote Record - Resolution RES-2010-378 ? 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 2010-379 Southold Town Meeting Agenda - May 18, 2010 Page 13 CATEGORY: Attend Seminar DEPARTMENT: Police Dept Grant Permission to Detective Steven Harned to Attend Seminar RESOLVED grants permission to that the Town Board of the Town of Southold hereby Detective Steven Harned to attend the annual training seminar for the US Marshal's Fugitive Task Force in Atlantic City, New Jersey, commencing Monday, June 14 through Friday, June 18, 2010. There are no expenses to the Southold Police Department. ? Vote Record - Resolution RES-2010-379 ? 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 2010-380 CATEGORY: Legislation DEPARTMENT: Town Attorney Set PH for 6/15/10 @ 7:32 PM for LL/Amendment Night Fishing Parking Permits 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 18 day of May, 2010, a Local Law entitled relation to Amendments to Chapters 189 and 260 in connection with Night Fishing Parking Permits. 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 15 day of June, 2010 at 7:32 p.m. at which time all interested persons will be given an opportunity to be heard. “A Local Law in relation to Amendments to Chapters 189 The proposed Local Law entitled, and 260 in connection with Night Fishing Parking Permits” reads as follows: LOCAL LAW NO. 2010 “A Local Law in relation to Amendments to Chapters 189 and 260 in A Local Law entitled, connection with Night Fishing Parking Permits” . Southold Town Meeting Agenda - May 18, 2010 Page 14 BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. To create an exception to parking restrictions for fishermen and shell fishermen that are residents, guests of residents or nonresidents of the Town allowing parking access to beaches, creeks, and waters within the Town between the hours of 10:00 p.m. and 6:00 a.m. with a proper permit and to relocate the applicable provision for parking at beaches from the Vehicle and Traffic Code (Chapter 260) to the Parking Code (Chapter 189). II. Chapter 189 of the Code of the Town of Southold is hereby amended as follows: § 189-2. Designation of parking areas requiring permits. A. The following beach parking areas are hereby designated as Town of Southold “Parking by Southold Town Permit Only” areas: Subparagraphs (1) through (7) – text remains the same. B. Text remains the same. C. Text remains the same. D. Text remains the same. E. Text remains the same. F. Text remains the same. G. The parking of vehicles is hereby prohibited between the hours of 10:00 p.m. to 6:00 a.m. in all of the beach parking areas designated in §189-2A. § 189-3. Parking permits. Parking permits for parking vehicles in the parking areas designated in §189-2 of this article shall be issued as follows: A. Text remains the same. B. Text remains the same. C. Text remains the same. D. Text remains the same. Southold Town Meeting Agenda - May 18, 2010 Page 15 E. Text remains the same. F. Text remains the same. G. Night fishing parking permit. For the purpose of ensuring fishermen and shell fishermen parking access to the beaches, creeks and waters within the Town of Southold when such parking access is normally closed (10:00 p.m. to 6:00 a.m.), the following exception to §189-2G is hereby created: [Added 6-8-1999 by L.L. No. 4-1999] (1) Night fishing parking permit. A night fishing parking permit shall be issued by the Town Clerk or a person designated by the Town Clerk to all persons who hold a resident parking permit or a lessee lease parking permit. (2) Non-resident night fishing parking permit. A weekly night fishing parking permit may be issued by the Town Clerk or a person designated by the Town Clerk to any individual holding a nonresident seasonal beach parking permit or to a guest of any person holding a valid resident or lessee parking permit, however, guest permits may only be issued to the holder of a resident or lessee permit upon application and certification duly executed by the resident or lessee clarifying the individual’s guest status and providing a valid license plate number and payment of the fee prescribed by resolution of the Southold Town Board. (3) Any motor vehicle having a night fishing parking permit shall be deemed not to be in violation of §189-2G or §189-3G and where both the night fishing permit and the resident or lease parking permit are properly displayed. (4) The following rules and regulations apply: (a) At the time a motor vehicle with a night fishing permit is parked at a location during a time in which parking is normally prohibited by §189- 2G and §189-3G, the occupants of the vehicle must have fishing equipment and be actively engaged in fishing. The permit is nontransferable and valid only for vehicles bearing the license plate number on the permit. (b) Fees. There shall be no annual fee for resident or lessee permits. (c) Duration of permits. All annual night fishing permits provided for in this section shall expire on December 31 of the year issued. (5) Other regulations. Persons using parking areas pursuant to the provisions of this section shall comply with all other laws, ordinances, rules, regulations and restrictions thereto. Southold Town Meeting Agenda - May 18, 2010 Page 16 III. Chapter 260 of the Code of the Town of Southold is hereby amended as follows: § 260-9. Parking prohibited during certain hours. A. [Text remains the same.] B. The parking of vehicles is hereby prohibited between the hours of 10:00 p.m. to 6:00 a.m. in all of the beach parking areas designated in § 189-2A. C. Night fishing permit. For the purpose of ensuring fishermen and shell fishermen parking access to the beaches, creeks and waters within the Town of Southold when such parking access is normally closed (10:00 p.m. to 6:00 a.m.), the following exception to § 260-9A and B is hereby created: [Added 6-8-1999 by L.L. No. 4-1999] (1) Night fishing permit. A night fishing parking permit shall be issued by the Town Clerk or a person designated by the Town Clerk to all persons who hold a resident parking permit or lease parking permit. (2) Any motor vehicle having a night fishing permit shall be deemed not to be in violation of § 260-9A and B where both the night fishing permit and the resident or lease parking permit are properly displayed. (3) The following rules and regulations apply: (a) At the time a motor vehicle with a night fishing permit is parked at a location during a time in which parking is normally prohibited by § 260- 9A and B, the occupants of the vehicle must have fishing equipment and be actively engaged in fishing. The permit is nontransferable and valid only for vehicles bearing the license plate number on the permit. (b) Fees. There shall be no annual fee for this permit. (c) Duration of permits. All annual night fishing permits provided for in this section shall expire on December 31 of the year issued. (4) Other regulations. Persons using parking areas pursuant to the provisions of this section shall comply with all other laws, ordinances, rules, regulations and restrictions thereto. IV. 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. Southold Town Meeting Agenda - May 18, 2010 Page 17 V.EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ? Vote Record - Resolution RES-2010-380 ? 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 2010-381 CATEGORY: Legislation DEPARTMENT: Town Attorney LL/Night Fishing Parking Permits to SCPC & PB RESOLVEDauthorizes and directs the Town that the Town Board of the Town of Southold Clerk to transmit the proposed Local Law entitled “A Local Law in relation to Amendments to Chapters 189 and 260 in connection with Night Fishing Parking Permits” to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations and reports . ? Vote Record - Resolution RES-2010-381 ? 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 2010-382 CATEGORY: Legislation DEPARTMENT: Town Attorney Set PH for 6/15/10 @ 7:35 PM LL/Amends. to Use Regulations/Access. Apts. WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk “A Local Law in County, New York, on the 18th day of May, 2010, a Local Law entitled relation to Amendments to Use Regulations within the Agricultural Conservation (A-C) Southold Town Meeting Agenda - May 18, 2010 Page 18 District and Low Density Residential R-40, R-80, R-120, R-200, and R-400 Districts and Accessory Apartments” 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 15th day of June, 2010 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 Amendments to Use The proposed Local Law entitled, Regulations within the Agricultural Conservation (A-C) District and Low Density Residential R-40, R-80, R-120, R-200, and R-400 Districts and Accessory Apartments” reads as follows: LOCAL LAW NO. 2010 “A Local Law in relation to Amendments to Use Regulations within A Local Law entitled, the Agricultural Conservation (A-C) District and Low Density Residential R-40, R-80, R-120, R-200, and R-400 Districts and Accessory Apartments” . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. It is the intent and purpose of this law to allow accessory apartments within accessory structures in A-C, R-40, R-80, R-120, R-200 and R-400 Districts to provide the opportunity for the development of small rental housing designed to meet the housing needs of median income families, both young and old, and relatives of families residing in the Town of Southold. It is also the intent of this law to increase compliance with building and fire code, property maintenance, preserve property values and the health, safety and welfare of the community.” II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-4. Definitions. ACCESSORY APARTMENT – An apartment A dwelling unit created in a presently existing one family dwelling unit or accessory structure pursuant to §280-13A(6 or B13). FAMILY MEMBER – The spouse, domestic partner, child, grandchild, stepchild, parent, aunt, uncle, niece, nephew, brother or sister of the owner or of the owner’s spouse or domestic partner. RENTAL PERMIT – A permit issued by the Chief Building Inspector to the owner to allow use and occupancy of a lawfully existing accessory apartment. §280-13. Use regulations. [Amended 3-14-1989 by L.L. No. 3-1989] Southold Town Meeting Agenda - May 18, 2010 Page 19 In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. (1) One-family detached dwellings, not to exceed one dwelling on each lot. (2) The following agricultural operations and accessory uses thereto, including irrigation, provided that there shall be no storage of manure, fertilizer or other odor- or dust-producing substance or use, except spraying and dusting to protect vegetation, within 150 feet of any lot line: [Amended 5-23-1989 by L.L. No. 8- 1989] (a) The raising of field and garden crops, vineyard and orchard farming, the maintenance of nurseries and the seasonal sale of products grown on the premises. [Amended 11-29-1994 by L.L. No. 25-1994; 5-13-1997 by L.L. No. 8-1997] (b) The keeping, breeding, raising and training of horses, domestic animals and fowl (except ducks)EN on lots of 10 acres or more. (c) Barns, storage buildings, greenhouses (including plastic covered) and other related structures, provided that such buildings shall conform to the yard requirements for principal buildings. (d) The retail sale of local produce from structures of less than 20 square feet floor area shall be set back at least 10 feet from any lot line. [Added 5-13- 1997 by L.L. No. 8-1997] (3) Buildings, structures and uses owned or operated by the Town of Southold, school districts, park districts and fire districts. (4) Wineries which meet the following standards: [Added 11-29-1994 by L.L. No. 26-1994] (a) The winery shall be a place or premises on which wine made from primarily Long Island grapes is produced and sold; (b) The winery shall be on a parcel on which at least 10 acres are devoted to vineyard or other agricultural purposes, and which is owned by the winery owner; (c) The winery structures shall be set back a minimum of 100 feet from a major road; and Southold Town Meeting Agenda - May 18, 2010 Page 20 (d) The winery shall obtain site plan approval. (5) Small wind energy systems on parcels greater than seven acres in size, which parcels are dedicated primarily to uses necessary for bona fide agricultural production, and subject to the standards provided in Chapter 277 of this Town Code. [Added 7-17-2007 by L.L. No. 15-2007] (6) One accessory apartment in an existing one-family dwelling, subject to the issuance of a rental permit in accordance with Section 280-13D and the following requirements: (a) The accessory apartment shall be located in the principal building. (b) The owner of the existing dwelling shall occupy one of the dwelling units as the owner's principal residence. The other dwelling unit shall be leased for year-round occupancy, evidenced by a written lease for a term of one or more years. (c) The existing one-family dwelling shall contain not less than 1,600 square feet of livable floor area. (d) The accessory apartment shall contain not less than 450 square feet of livable floor area. (e) The accessory apartment shall not exceed 40% of the livable floor area of the existing dwelling unit and any addition thereto permitted under Section 280-13(B)(13)(j) hereof. (f) A minimum of three off-street parking spaces shall be provided. (g) Not more than one accessory apartment shall be permitted on a lot. (h) The accessory apartment shall meet the requirements of an dwelling unit apartmentas defined in § 280-4 hereof. (i) The exterior entry to the accessory apartment shall, to the maximum extent possible, retain the existing exterior appearance of a one-family dwelling. (j) All exterior alterations to the existing building, except for access to the apartment, shall be made on the existing foundation.Subject to all other restrictions and requirements in this Code, a reasonable expansion of the existing foundation, not to exceed 25% of the living space of the existing dwelling unit, may be permitted to accommodate the creation of an accessory apartment. Southold Town Meeting Agenda - May 18, 2010 Page 21 (k) The certificate of compliance shall terminate upon the transfer of title by the owner or upon the owner ceasing to occupy one of the dwelling units as the owner’s principal residence. In the event of an owner’s demise, the occupant of an accessory apartment may continue in occupancy until a new owner shall occupy the balance of the dwelling or one year from date of said demise, whichever shall first occur. [Amended 5-20-1993 by L.L. No. 6-1993] (l) All conversions shall be subject to the inspection of the Building Inspector and renewal issuance of the a certificate of occupancy compliance. annually. [Amended 5-20-1993 by L.L. No. 6-1993] (m) The building dwelling which is converted to permit an accessory apartment shall be in existence, and have be eligible for or have a valid , certificate of occupancy issued prior to January 1, 1984 2004 or proof of legal occupancy prior to that date. [Amended 5-20-1993 by L.L. No. 6- 1993] (n) The existing building, together with the accessory apartment, shall comply with all other requirements of Chapter 280 of the Town Code of the Town of Southold. (o) Notwithstanding the provisions of § 280-13B hereof, no site plan approval by the Planning Board shall be required for the establishment of an accessory apartment. (p) Approval by the Suffolk County Department of Health Services of the water supply and sewage disposal systems shall be required. (q) No bed-and-breakfast facilities, as authorized by § 280-13B(1415) hereof, shall be permitted in or on premises for which an accessory apartment is authorized or exists. [Added 3-14-1989 by L.L. No. 3-1989] B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as special exception by the Board of Appeals, as hereinafter provided, and, except for two-family dwellings and the uses set forth in Subsections B(1, 13, & 14) hereof, are subject to site plan approval by the Planning Board: [Amended 12-21-1993 by L.L. No. 27-1993] (1) Two-family dwellings not to exceed one such dwelling on each lot. (2) Places of worship, including parish houses (but excluding a rectory or parsonage, which shall conform to the requirements for a one-family dwelling), subject to the following requirements: Southold Town Meeting Agenda - May 18, 2010 Page 22 (a) No building or part thereof shall be erected nearer than 50 feet to any street line and nearer than 20 feet to any lot line. (b) The total area covered by all principal and accessory buildings shall not exceed 20% of the area of the lot. (3) Private elementary or high schools, colleges and other educational institutions, subject to the following requirements: (a) No building shall be less than 50 feet from any street or lot line. (b) The total area occupied by all principal and accessory buildings shall not exceed 20% of the area of the lot. (c) Any school shall be a nonprofit organization within the meaning of the Internal Revenue Act and shall be registered effectively thereunder as such. (d) Any such school shall occupy a lot with an area of not less than five acres plus one acre for each 25 pupils for which the building is designed. (4) Nursery schools. (5) Philanthropic, eleemosynary or religious institutions, health care, continuing care and life facilities, but excluding facilities for the treatment of all types of drug addiction, subject to the following requirements: [Amended 12-27-1994 by L.L. No. 30-1994; 11-12-1996 by L.L. No. 20-1996] (a) No building or part thereof or any parking or loading area shall be located within 100 feet of any street line nor within 50 feet of any lot line. (b) The total area covered by principal and accessory buildings shall not exceed 20% of the area of the lot. (c) The maximum height shall be 35 feet or 2 1/2 stories. (d) The entire lot, except areas occupied by buildings or parking or loading areas, shall be suitably landscaped and properly maintained. (e) Any health care, continuing care or life care facility shall meet the following standards: [1] All buildings shall be of fire-resistive construction. Southold Town Meeting Agenda - May 18, 2010 Page 23 [2] All such uses shall be served by adequate water and sewer systems approved by the Suffolk County Department of Health. [3] Patients suffering from communicable diseases shall not be permitted in any nursing home or sanatorium. (Communicable diseases are defined by the Sanitary Code of the Public Health Council of the State of New York.) [4] Eight thousand square feet of lot area shall be provided for each patient bed. (6) Public utility rights-of-way as well as structures and other installations necessary to serve areas within the Town, except that wireless communication facilities must obtain approval pursuant to Article XVII, subject to such conditions as the Board of Appeals may impose in order to protect and promote the health, safety, appearance and general welfare of the community and the character of the neighborhood in which the proposed structure is to be constructed. [Amended 11- 12-1997 by L.L. No. 26-1997] (7) Beach clubs, tennis clubs, country clubs, golf clubs and annual membership clubs and accessory playgrounds, beaches, swimming pools, tennis courts, recreational buildings and maintenance buildings catering exclusively to members and their guests, subject to the following requirements: [Amended 12-27-1994 by L.L. No. 30-1994; 12-8-1998 by L.L. No. 26-1998] (a) No building or part thereof or any parking or loading area shall be located within 100 feet of any street line or within 50 feet of any lot line. (b) The total area covered by principal and accessory buildings shall not exceed 20% of the area of the lot. (c) No such use shall occupy a lot with an area of less than three acres. (8) Children's recreation camps organized primarily for seasonal use and subject to the following requirements: (a) No building, tent, activity area or recreation facility shall be less than 200 feet from any lot line, and any such building, tent, activity area or recreation facility shall be effectively screened therefrom as required by the Planning Board. Buildings intended for use as sleeping quarters shall be not less than 30 feet from each other, except tents, which shall be not less than 10 feet apart. (b) The minimum lot area shall be not less than 10,000 square feet for each cottage, tent or other principal building and not less than 3,000 square feet Southold Town Meeting Agenda - May 18, 2010 Page 24 of land area shall be provided for each person accommodated in the buildings or tents on the premises.EN (c) The sound level of all outdoor public-address systems shall not exceed the intensity tolerable in a residential neighborhood. (9) Farm labor camps, subject to the following requirements: (a) All farm labor camps on farms shall be construed in conformance with applicable laws and shall not be located nearer to any other residence than the residence of the employer, except by specific review and approval of the Planning Board. (10) Veterinarian's offices and animal hospitals, subject to the following requirements: (a) The housing of all animals shall be in a fully enclosed structure, if nearer than 150 feet to any lot line. (11) Cemeteries. (12) Stables and riding academies.EN (13) One accessory apartment in a lawfully existing detached accessory garage, barn or storage building, subject to the following requirements: (a) The accessory apartment shall contain no less than 450 square feet and shall not exceed 750 square feet of livable floor area and shall have no more than one bathroom. (b) A minimum of three off street parking spaces shall be provided on premises. (c) Not more than one accessory apartment shall be permitted on a lot. (d) The accessory apartment shall meet the requirements of an apartment as defined in Section 280-4 hereof. (e) The entirety of the living floor area of the accessory apartment must be on one floor of the accessory structure. ( f) The accessory structure which is converted to permit an accessory apartment shall be in existence and be eligible for or have a valid certificate of occupancy issued prior to January 1, 2008. Southold Town Meeting Agenda - May 18, 2010 Page 25 (g) The existing accessory structure shall comply with all other requirements of this Chapter. (h) Approval of the Suffolk County Department of Health Services of the water supply and sewage disposal systems shall be required. (i) No bed-and-breakfast facilities, as authorized by Section280-13(B)(14) hereof shall be permitted in or on premises for which an accessory apartment is authorized or exists. (j) Occupancy of resident structures on the premises shall be subject to the issuance of an annual rental permit in accordance with Section 280-13D and the following requirements: [1] The owner of the premises shall occupy either the existing single- family dwelling unit or the accessory apartment in the detached accessory structure as the owner’s principal residence. The other dwelling unit shall be leased for year-round occupancy evidenced by a written lease for a term of one or more years to: a) a family member; or b) to a resident who is currently on the Southold Town Affordable Housing Registry and eligible for placement. [2] Rents charged to a resident on the Affordable Housing Registry shall not exceed the rent established by the Town Board annually pursuant to §280-30(F) of this Code. [3] No accessory apartment shall be occupied by more than the number of persons permitted to occupy the dwelling unit under Section 404 of the Property Maintenance Code of the New York State Uniform Fire Prevention and Building Code. [4] An accessory apartment shall only be occupied or otherwise utilized in accordance with the certificate of occupancy issued for the dwelling unit. (k) The Chief Building Inspector, Zoning Inspector, and Town personnel who are engaged in the enforcement of the provisions of this chapter are authorized to make or cause to be made inspections to determine compliance with this chapter and are authorized to enter upon any property for the purpose of said inspections. Southold Town Meeting Agenda - May 18, 2010 Page 26 (14) Bed-and-breakfasts which have been issued a bed-and-breakfast permit by the Building Inspector. Said permit shall be issued for a term of one year if the following conditions are met: [Amended 3-14-1989 by L.L. No. 3-1989; 2-7-1995 by L.L. No. 3-1995] (a) A smoke alarm shall be provided on each floor and in every guest room. (b) The dwelling shall have at least two exits and there shall be a window large enough for emergency egress in each guest room. (c) The identification sign shall be no larger than two square feet in areas zoned Residential-Office or higher, but there shall be no exterior signage identifying the use as a bed-and-breakfast in residential areas. (d) No accessory apartment, as authorized by § 280-13B(13) hereof, shall be permitted in or on premises for which a bed-and-breakfast facility is authorized or exists. (15) Historical society. [Added 11-12-1996 by L.L. No. 20-1996] (16) Preservation and use of a federal or state designated historic building for the purpose of hosting community events, together with the use of part of such building for professional offices and/or one apartment, not to exceed a total of three uses per building, provided that such building is owned and maintained by a not-for-profit historic organization. In no event shall there be more than one apartment per building. [Added 10-25-2005 by L.L. No. 18-2005] D. Rental Permit for Accessory Apartments: Notwithstanding any prior course of conduct or permission granted, no owner of property shall cause, permit, or allow the occupancy or use of an accessory apartment created pursuant to Sections 280-13A(6) or 280- 13B(13) without a valid rental permit issued upon application to the Chief Building Inspector. (1) Content of Application: An application for a rental permit or for a renewal of a rental permit shall bear the notarized signature of the owner and contain the following information: a) The name, date of birth and telephone number of the owner. b) The address of the subject property including street address and Suffolk County Tax Map number. c) In the event the owner is a corporation, partnership, limited liability company or other business entity, the name, address and telephone number Southold Town Meeting Agenda - May 18, 2010 Page 27 of each owner, principal, officer, shareholder, partner or member of such business, d) The name(s) and telephone number(s) of all tenants. e) A copy of the lease agreement between Owner and Tenant. f) A copy of the certificate of occupancy or pre-existing certificate of occupancy for the property. (2) The owner of an accessory apartment within an existing one family dwelling shall, in addition to the information required in Section 280-13D(1)(a)-(f), provide a certification that the existing dwelling or accessory apartment is occupied by the owner and that the premises is in compliance with all of the provisions of the Code of the Town of Southold, the laws and sanitary and housing regulations of the County of Suffolk and the laws of the State of New York. (3) The owner of an accessory apartment in an accessory structure lawfully existing pursuant to Section 280-13B(13) shall, in addition to the information required in Section 280-13D(1)(a)-(f), provide a certification that: a) the existing single-family dwelling or the accessory apartment in the accessory structure is occupied by the owner as the owner’s principal residence; b) that the other dwelling unit on the subject property is to be occupied by either a family member or a resident who is currently on the Southold Town Affordable Housing Registry and eligible for placement, and c) that rents charged to a tenant from the Affordable Housing Registry shall not exceed the rent established by the Town Board annually pursuant to Section 280-30F of this Code. d) that the dwelling unit is in compliance with all of the provisions of the Code of the Town of Southold, the laws and sanitary and housing regulations of the County of Suffolk and the laws of the State of New York. (4) Review of Application: The Application for a rental permit shall be reviewed for completeness and accuracy by the Chief Building Inspector and, in the case of applications pertaining to accessory apartments in accessory structures, by the Special Projects Coordinator. The Chief Building Inspector shall not issue a rental permit unless the application includes all of the requisite information enumerated in Section 280-13D(1)-(3) and written approval by the Special Projects Coordinator that the requirements of Section 280-13B(13)(j) have been satisfied. The Chief Building Inspector shall have the right to inspect the property to Southold Town Meeting Agenda - May 18, 2010 Page 28 confirm compliance with the New York State Uniform Fire Prevention and Building Code and this Code. (5) Fees: A nonrefundable annual permit application fee in the amount of $150 shall be paid at the time of filing an application for a rental permit or a renewal rental permit for an accessory apartment in an existing single-family dwelling. A nonrefundable annual permit application fee in the amount of $100 shall be paid at the time of filing an application for a rental permit or a renewal rental permit for an accessory apartment in an accessory structure. (6) Registry of Permits: It shall be the duty of the Chief Building Inspector to maintain a register of permits issued pursuant to this chapter. Such Register shall be kept by name of applicant and street address and set forth the date of expiration of the rental permit. (7) Annual Renewal: Rental Permits issued pursuant to this chapter shall be valid for a period of one (1) year from the date of issuance and must be renewed by application to the Chief Building Inspector in accordance with the procedures for the issuance of the initial rental permit within ten (10) days of expiration. (8) Penalties for offenses: In addition to any other penalties for violations of this Chapter, the Chief Building Inspector or Zoning Inspector shall revoke a permit when he or she finds that the owner has caused, permitted or allowed to exist and remain upon the premises a violation of any provision of the Code of the Town of Southold for a period of 14 days or more after written notice has been given to the owner. Should the owner permit any such violation of this Code, the laws and sanitary and housing regulations of the County of Suffolk and the laws of the State of New York to remain uncured for a period of 30 days or more after written notice has been given to the owner, the Chief Building Inspector may revoke the certificate of compliance for the accessory apartment. (9) Appeal by Owner: An appeal of a denial, revocation or renewal of a rental permit by the Chief Building Inspector based upon the owner’s failure to satisfy the requirements of Section 280-13B(13)(j)(1) and (2) may be taken to the Housing Advisory Commission, by written request, made within 30 days from the date of such revocation. The Housing Advisory Commission shall hold a public hearing on such appeal within 30 days after receipt of written notice of such appeal and, after such hearing, shall make written findings and a decision either sustaining such denial or revocation or issuing or reinstating such permit within 30 days after close of such public hearing. Any appeal of the revocation of a certificate of compliance must be presented to the Zoning Board of Appeals within 30 days from the date of revocation. ARTICLE XXVII Administration and Enforcement Southold Town Meeting Agenda - May 18, 2010 Page 29 § 280-151. Administrative and enforcing officer. A. It shall be the duty of the Building Inspector and such deputies and assistants as may be appointed by the Town Board to administer and enforce the provisions of this chapter and of all rules, conditions and requirements adopted or specified pursuant thereto. B. The Building Inspector and/or his Assistant and Deputy Building Inspectors shall have such right to enter and inspect buildings, structures or premises and to perform other acts necessary for the enforcement of this chapter as is conferred upon them by law. He shall maintain files of all applications for building permits and plans submitted therewith and for certificates of occupancy and records of all building permits and certificates of occupancy issued by him, which files and records shall be open to public inspection and to perform such other acts necessary for the enforcement of this chapter as is conferred upon them by law. C. Said Building Inspector shall keep a record of every identifiable complaint of a violation of any of the provisions of this chapter and of the action taken on each such complaint, which records shall be public records. He shall report to the Town Board, at intervals of not greater than three months, summarizing for the period since his previous report all building permits and certificates of occupancy issued by him and all complaints of violations and the action taken by him thereon. D. The Building Inspector shall make the necessary inspections for the purpose of ascertaining whether or not existing conditions comply with the provisions of this chapter. E. At the request of the Town Board, the Building Inspector shall inspect any premises for the purpose of ascertaining whether or not existing conditions comply with the provisions of this chapter and report, in writing, to said Board the results of his findings. F. At the request of the Planning Board, the Building Inspector shall review site plan applications for compliance with this chapter and requirements established in the presubmission conference.EN G. For this chapter, the term "Building Inspector" shall include and refer to: [Added 11-24- 1998 by L.L. No. 23-1998] (1) Building Inspectors of the Town of Southold; and (2) The Director of Code Enforcement Zoning Inspector of the Town of Southold.EN § 280-155. Penalties for offenses. [Amended 6-2-2009 by L.L. No. 6-2009] A. For each offense against any of the provisions of this chapter or any regulations made pursuant thereto or for failure to comply with a written notice or order of any Building Southold Town Meeting Agenda - May 18, 2010 Page 30 Inspector within the time fixed for compliance therewith, the owner, occupant, builder, architect, contractor, or their agents, or any other person who commits, takes part or assists in the commission of any such offense or any person, including an owner, contractor, agent or other person who fails to comply with a written order or notice of any Building Inspector, or Zoning Ordinance Inspector or Code Enforcement Officer shall, upon a first conviction thereof, be guilty of a violation, punishable by a fine not exceeding $5,000 or by imprisonment for a period not to exceed 15 days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense. For a second and subsequent conviction within 18 months thereafter, such person shall be guilty of a violation punishable by a fine not exceeding $10,000 or by imprisonment for a period not to exceed 15 days, or by both such fine and imprisonment. B. Notwithstanding the foregoing, any violation of §280-13A(6), §280-13B(13), and §280- 13D are hereby declared to be offenses punishable by a fine not less than $1,500 nor more than $8,000 or imprisonment for a period not to exceed six months, or both, for a conviction of a first offense; for convictions of a second or subsequent offense within 18 months, a fine not less than $3,000 nor more than $15,000 or imprisonment not to exceed a period of six months, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers in general, violations of this chapter shall be deemed misdemeanors, and, for such purpose only, all provisions of law relating to misdemeanors shall apply. Each day’s continued violation shall constitute a separate additional violation. Additionally, in lieu of imposing the fine authorized in this section, in accordance with Penal Law §80.05(5), the court may sentence the defendant(s) to pay an amount, fixed by the court, not exceeding double the amount of the rent collected over the term of the occupancy. § 280-156. Remedies. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this chapter or of any regulations made pursuant thereto, in addition to other remedies provided by law, any appropriate action or proceeding, whether by local process or otherwise, may be instituted or taken to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use or to restrain, correct or abate such violation or to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises. 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. Southold Town Meeting Agenda - May 18, 2010 Page 31 IV.EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ? Vote Record - Resolution RES-2010-382 ? 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 2010-383 CATEGORY: Legislation DEPARTMENT: Town Attorney LL/Use Regs & Access. Apts. to SCPC & PB RESOLVEDauthorizes and directs the Town that the Town Board of the Town of Southold Clerk to transmit the proposed Local Law entitled “A Local Law in relation to Amendments to Use Regulations within the Agricultural Conservation (A-C) District and Low Density Residential R-40, R-80, R-120, R-200, and R-400 Districts and Accessory Apartments” to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations and reports . ? Vote Record - Resolution RES-2010-383 ? 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 2010-384 CATEGORY: Trailer Permit DEPARTMENT: Town Clerk Approve the Trailer Permit Application of Anthony Zanieski Southold Town Meeting Agenda - May 18, 2010 Page 32 RESOLVEDapproves the trailer permit that the Town Board of the Town of Southold hereby application of Anthony Zanieski by Long Island Mobile Home Leasing Corp. of Medford, New York 7745A Oregon Road, for a period of six (6) months, the trailer is to be located at Cutchogue , New York, SCTM# 1000-95-1-8.2 to be used as a one family dwelling during the repair of house which suffered flood damage. ? Vote Record - Resolution RES-2010-384 ? 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 2010-385 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Audit Agreement Between the Town of Southold and LVL, Inc. RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Audit Agreement between the Town of Southold and LVL, Inc. in connection with the preparation of an audit of existing lighting and possible retrofitting of lighting in Town buildings with energy efficient lighting, at a cost not to exceed $2,500.00, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2010-385 ? 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 2010-386 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the MS4 Municipal Compliance Southold Town Meeting Agenda - May 18, 2010 Page 33 Certification Form in Conjunction with the Town’s Submission of Its MS4 Annual Report RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the MS4 Municipal Compliance Certification Form in conjunction with the Town’s submission of its MS4 Annual Report, following the close of the public hearing relating to the content of the Report on May 25, 2010, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2010-386 ? 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 2010-387 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Amendment of Agreement Between the Suffolk County Office for the Aging and the Town of Southold for the IIIC Nutrition Programs RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Amendment of Agreement between the Suffolk County Office for the Aging and the Town of Southold for the IIIC Nutrition Programs , regarding a one year extension for the period January 1, 2010 through December 31, 2010, for congregate and home delivered meals for the elderly, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2010-387 ? 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 2010-388 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Southold Town Meeting Agenda - May 18, 2010 Page 34 Grant Subcontract Agreement W/North Fork Women RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Grant Subcontract Agreement between the Town of Southold and North Fork Women for Women Fund, Inc. in connection with New York State Office for the Aging Community Empowerment Programs, at no cost to the Town, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2010-388 ? 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 2010-389 CATEGORY: Property Usage DEPARTMENT: Town Attorney Authorizes Miller Marine Services to Make Use of the New Suffolk Boat Launching Ramp on Jackson Street and First Street for the Purpose of Marine Transportation of Equipment and Materials Required for a Repair Project on Gardiners Island RESOLVEDauthorizes Miller Marine that the Town Board of the Town of Southold hereby Services and Finely & Nicol to make use of the New Suffolk boat launching ramp on Jackson Street and First Street for the purpose of marine transportation of equipment and materials required for a repair project on Gardiners Island. This authorization is limited to 15 round trips over the four week period commencing on May 19, 2010, and subject to the payment by Miller Marine Services and Finely & Nicol of a fee in the amount of $100 per day made payable to the Town Clerk of the Town of Southold and the execution of an Indemnification Agreement, in a form approved by the Town Attorney, relating to any liability or property damage claims which may result from this activity. Miller Marine Services and Finely & Nicol must file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured. ? Vote Record - Resolution RES-2010-389 ? 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 Southold Town Meeting Agenda - May 18, 2010 Page 35 2010-390 CATEGORY: Misc. Public Hearing DEPARTMENT: Town Attorney PH 6/15/10 @ 7:40 PM Scavenger Waste Decommissioning WHEREAS , the Town Board of the Town of Southold (herein called the “Town Board” and the “Town”, respectively), in the County of Suffolk, New York, on behalf of the Solid Waste Management District, in the Town (herein called the “District”), has requested certain engineers duly licensed by the State of New York (herein called the “Engineer”), to prepare a map, plan and report for the improvement of facilities of the District, consisting of the removal of all existing buildings, equipment, fencing, pavement, walkways, piping and other site features relating to the existing Scavenger Waste Facility located on land leased from the Village of Greenport, in connection with the decommissioning of said Scavenger Waste Facility at the estimated maximum cost of $700,000, pursuant to Section 202-b of the Town Law; and Now, therefore, be it RESOLVED that a meeting of the Town Board of the Town of Southold be held at the Town th 15day of June, 2010 at 7:40 p.m. Hall, 53095 Main Road, Southold, New York, on the to consider said improvement of facilities of the District and to hear all persons interested in the subject thereof concerning the same and for such other action on the part of the Town Board with relation thereto as may be required by law; and be it, FURTHER ORDERED“The Suffolk Times,” , that the Town Clerk publish at least once in the hereby designated as the official newspaper of the Town for such publication, and post on the sign board of the Town maintained pursuant to subdivision 6 of Section 30 of the Town Law, a Notice of such public hearing in substantially the form appearing in Exhibit A, certified by said Town Clerk, the first publication thereof and said posting to be not less than ten (10) nor more than twenty (20) days before the date of such public hearing. ? Vote Record - Resolution RES-2010-390 ? 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 2010-391 CATEGORY: Policies DEPARTMENT: Town Clerk Southold Town Meeting Agenda - May 18, 2010 Page 36 New Procurement Policy RESOLVED that the Town Board of the Town of Southold hereby replaces the Procurement Policy adopted by Resolution No. 35 of April 30, 1996 with the following: TOWN OF SOUTHOLD PROCUREMENT POLICY 1. Every prospective purchase of goods or services shall be evaluated to determine the applicability of General Municipal Law, Section 103. Every Town officer, board, department head or other personnel with the requisite purchasing authority (hereinafter “Purchaser”) shall estimate the cumulative amount of the items of supply or equipment needed in a given fiscal year. That estimate shall include the canvass of other Town departments and past history to determine the likely yearly value of the commodity to be acquired. Upon request, the Comptroller can calculate the cumulative amount of a particular commodity needed by all Town departments based on past history. If the cumulative amounts exceed competitive bidding thresholds, then the purchase must be contracted through the bidding process. The information gathered and conclusions reached shall be documented and kept with the file or other documentation supporting the purchase activity. No anticipated contract shall be subdivided or structured with the intention of avoiding this Procurement Policy. $10,000.00 2. All purchases of (a) supplies or equipment which will exceed in the fiscal $35,000.00 year or (b) public works contracts over shall be formally bid pursuant to General Municipal Law, Section 103. 3. All estimated purchases of: ?? 10,000.00$3,000.00 Less than $ but greater or equal to require a written request for a proposal (“RFP”) and written/fax quotes from 3 vendors. ?? $3,000.00$1,000.00 Less than but greater or equal to require an oral request for the goods and written/fax quotes from 2 vendors. ?? $1,000.00 Less than are left to the discretion of the Purchaser, but written/fax quotes are preferred. All estimated public works or service contracts of: ?? $35,000.00$10,000.00 Less than but greater or equal to require a written RFP and fax/proposals from 3 contractors. Southold Town Meeting Agenda - May 18, 2010 Page 37 ?? $10,000.00$3,000.00 Less than but greater or equal to require a written RFP and fax/proposals from 2 contractors. ?? $3,000.00$1,000.00 Less than but greater or equal to are left to the discretion of the Purchaser but written/fax quotes are preferred. Any written RFP shall describe the desired goods, quantity and the particulars of delivery. The Purchaser shall memorialize the name and address of all vendors from whom written/fax quotes have been requested and the written/fax quotes offered on a Proposal Quotation Form. 4. All Proposal Quotation Forms shall be date stamped and shall be kept confidential until the purchase order is signed and returned to the department. Until that time no employee shall discuss any price quote with the prospective vendor or contractor. A copy of the Proposal Quotation Form and any written proposals shall be attached to the purchase order before it is submitted to the Accounting Department. All information gathered in complying with the procedures of this item shall be preserved and filed with the documentation supporting the subsequent purchase or public works contract. 5. The purchase, public works or service contract shall be awarded for the proposal or quote submitted by the lowest responsible bidder. The responsibility of the bidder is to be determined at the discretion of the Town Board or department head and is based not solely on qualifications or experience but accountability and reliability. However, the Purchaser may award such contract to a bidder, other than the lowest responsible bidder, where such bidder maintains a principal place of business located within the Town of Southold, or sells the contracted for supplies, material, or equipment manufactured and located within the Town of Southold, and submits a bid not exceeding ten percent (10%) more than the otherwise lowest responsible bidder. The Purchaser may award the purchase or contract to a bidder, other than the lowest responsible bidder, where such bidder maintains a principal place of business located within the County of Suffolk or sells the contracted for supplies, material, or equipment manufactured and located within the County of Suffolk, and submits a bid not exceeding five percent (5%) more than the lowest responsible bidder. Southold Town Meeting Agenda - May 18, 2010 Page 38 For the purpose of this Policy, the terms “located within the Town of Southold” and “located within the County of Suffolk” shall mean having a principal place of business physically located within the geographical boundaries of the Town or the County as applicable. In the case of an individual, partnership, association, or proprietorship, it shall mean having an office from which at least a majority of the employees are assigned and at which at least a majority of the employees work. In the case of a corporation, it shall mean having its principal place of business from which the president or chief executive officer operates on a regular and consistent basis, and the address so designated on its certificate of incorporation, located within the Town or the County, as applicable. Prior to disbursement of any payment under an approved contract, the Town 6. Attorney’s Office must possess a copy of the fully executed contract as well as documentation of required insurance and contract security/performance bond. Change Orders to Awarded Contracts: If, during the term of a contract, it is 7. determined that additional work needs to be performed or goods are needed to be purchased, which would increase the original contract amount, a formal change order must be in place. This applies to all contracts subject to General Municipal Law Section 103 (competitive bidding). When a change order to a contract results in an aggregate increase of $1,000 over the original contract award, then the following procedures apply: (a) a Public Contract Change Order Approval Form must be completed and signed by the Department Head and must be accompanied by a detailed explanation of why the change is needed and also accompanied by a change order proposal from the contractor (these documents must be forwarded to the Comptroller’s Office); and (b) the change order must be approved by the Comptroller’s Office and the Town Attorney’s Office, and once approval has been granted, the Department must prepare a Town Board resolution requesting authorization for the change from the Board. Only after all of these procedures have been completed and approvals granted, can the contractor go forward with the additional work. A good faith effort shall be made to obtain the required number of proposals or 8. quotations. If the Purchaser is unable to obtain the required number of proposals or quotations, the Purchaser shall document the attempt made at obtaining the proposal on Southold Town Meeting Agenda - May 18, 2010 Page 39 the Proposal Quotation Form. In no event shall the inability to obtain the proposals or quotes be a bar to the procurement. 9. Except when directed by the Town Board, no solicitation of written proposals or quotations shall be required under the following circumstances: (a) Public works contracts in cases of public emergencies arising out of an accident or unforeseen condition or occurrence that threatens curtailment or termination of an essential service to the public, or a dangerous condition develops affecting the life, health, safety or property of the Town or its inhabitants. The situation must require immediate attention which cannot await competitive bidding. (b) Sole source situations. (c) Goods purchased from another governmental agency. (d) Goods purchased under a State or County contract. (e) Goods purchased at auction. (f) Goods purchased for less than $1,000.00. (g) Public Works contracts for less than $1,000.00. 10. All prospective purchasers of professional services should obtain a written/fax estimate and statement of qualifications from at least two sources except when otherwise directed by the Town Board. 11. A properly executed purchase order is required for all purchases. Neither goods nor services are to be ordered without first obtaining a purchase order signed by the Department Head and the Supervisor. 12. This Policy shall be reviewed annually by the Town Board at its organizational meeting or as soon thereafter as is reasonably practicable. ? Vote Record - Resolution RES-2010-391 ? 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 VI. PUBLIC HEARINGS Southold Town Meeting Agenda - May 18, 2010 Page 40 1. PH Annual SPDES Phase 2/Stormwater Mgmt Plan