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HomeMy WebLinkAboutTOR RES 244 LL Officers & Employees Office of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer April 7, 201t Suffolk County Planning Department L.I. State Park Commission Town of Southold Town of Southampton Town of Brookhaven ENCLOSED HEREWITH please find the following resolution which were adopted by the Riverhead Town Board at a Regular Town Board meeting on April 7, 2011 Res. #244 -ADOPTS A LOCAL LAW AMENDING CHAPTER 26 ENTITLED "OFFICERS AND EMPLOYEES" OF THE RIVERHEAD TOWN CODE (Article III and Article IV) Please add this text to the Riverhead, New York Code Book. If you have any questions, please call Carol Del Vecchio at 631-727-3200, Ext 262, or Diane Wilhelm at Ext. 260 Sincerely, Diane M. Wilhelm Town Clerk Office of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer April 7, 2011 We would appreciate yom' signing this letter acknowledging receipt ofth/s Resolution and returning it to the Office of the Riverhead Town Clerk. (Resolution# 244 from Town Board Meeting 4.5.11) Sincerely, Diane M. Wilhelm Town Clerk Signature: DW:cd date: Town of Riverhead Local Law# 11-2011 CHAPTER 26 OFFICERS AND EMPLOYEES Article III Office of theTown Attorney (9 26-10 -- § 26-14) § 26-10. Title. This article shall be known as "Office of the Town Attorney". § 26-11. Definitions. Whenever used in this article, words in the singular include the plural and vice versa, and the following terms shall have the meaning indicated: CODE -- The Code of the Town of Riverhead. DEPUTY TOWN ATTORNEYS -- The Deputy Town Attorneys of the Office of the Town Attorney, one of whom shall act generally for and in place of the Town Attorney. SUPERVISOR - The Supervisor of the Town of Riverhead. TOWN -- The Town of Riverhead. TOWN ATTORNEY -- The head of the Office of the Town Attorney. TOWN BOARD -- The Town Board of the Town of Riverhead. § 26-12. Establishment; Department head; functions, powers and duties. A. Establishment. There shall be established herewith Office of the Town Attorney. B. The principal executive officer and administrative head of the Office of the Town Attorney shall be the Town Attorney, who shall be appointed by the Town Board for the terms fixed by law at such salary as may from time to time be fixed by the Town Board. The Town Attorney shall be appointed on the basis of his administrabve experience and qualifications for the duties of such office. The Town Board may appoint Deputy Town Attorneys, one of whom shall generally act for and in behalf of the Town Attorney at such salary and for such term as may from time to time be fixed by the Town Board, and who shall perform such duties asmay be directed by the Town Board and as are vested in and imposed upon that office by the provisions of this article or any other statute or law. C. Functions, powers and duties. The Town Attorney shall be the attorney for the Town Board and all of the Town officers in their official capacity and shall be the counsel and legal representative of the Town Board in all proceedings, undertakings or activities which the Town Board is concerned with or involved in. In addition, the Town Attorney shall have the following powers and duties: (1) To render legal advice to all Town departments, agencies and offices, as well as to special boards established by the Town Board. (2) To prepare or approve and process all leases and land acquisitions on behalf of the Town. (3) To prepare or approve and process all contracts entered into by the Town, its agencies and departments, including, where required, approval of notices to bidders, specifications, contract documents, insurance and bonds; to supervise the review and preparation of contracts and related local laws and any and all change orders and notices of lien; and to attend all necessary conferences involving departments, consultants and contractors and render legal advice and assistance during the term of such contracts. (4) To prepare and process all special agreements entered into by and on behalf of the Town, such as consultant agreements and concession agreements. (5) To prepare, review and recommend all Town local laws and amendments thereto and related public notices and local laws. (6) To perform legal research and render legal opinions. (7) To review all petitions and exhibits for changes of zone and special use permits, including preparation of public notices and related, local laws. (8) To review all applications and petitions in relation to special district improvements or extensions, including preparation of related public notices, local laws, orders and other required documents. (9) Except as otherwise provided, to represent the Town in all litigation matters, including the preparation and filing of all necessary pleadings, briefs, memoranda of law, etc., and make recommendations as to settlement or appeal of such matters. (10) To prosecute violations of Town local laws; provided, however, that the Town Attorney may negotiate dispositions in such matters. (11) The Town Attorney shall be empowered to commence and defend proceedings or file notice of appeal in the name of the Town as in his judgment may be necessary for the benefit or protection of the Town in any of its rights or property. After filing of a notice of appeal, the Town Attorney, designee of the Town Attorney or special counsel shall be required to obtain Town Board approval prior to perfecting an appeal. (12) The Town Attorney shall be empowered to perform such other duties and functions which are prescribed to be performed by him in any local law or resolution of the Town Board or lawful directive of the Supervisor. However, the Town Attorney may delegate any of his powers to or direct any of his duties to be performed to any Deputy Town Attorney. (13) Furthermore, the Town Attorney is hereby authorized and empowered, subject to the prior approval of the Town Board, except that such prior approval will not be required in cases of emergency, to retain and employ private consultants, experts and other parties which the Town Attorney deems proper and appropriate in promulgating the responsibilities and obligations of his office. (14) To assume any additional duties as may be assigned by the Town Board. § 26-13. Enactment pursuant to municipal home rule. The provisions set forth in this Article are enacted pursuant to Municipal Home Rule Law §§ 10(1 )(ii)(a)(1) and 10(1)(ii)(d)(3), and is intended to supersede Town Law § 65(1). § 26-14. Powers of Supervisor. Nothing herein contained shall be construed to delegate or transfer any powers of the Supervisor contained in the Town Law of the State of New York or any other statutory or other powers which may be exercised lawfully by the Supervisor. Article IV Zoning Officer of the Town of Riverhead (§26-15 - §26-21) {}26-15. Title. This article shall be known as "Zoning Officer of the Town of Riverhead". § 26-16. Purpose. This article is adopted to codify a series of resolutions adopted in 1976 creating the position of Building & Zoning Administrator, the title "Building Inspector" was substituted in place of the title "Building & Zoning Administrator", and defining duties, including enforcement of the zoning code referred to as Ordinance 29, now known as Chapter 108. In addition, it is the intent of this article to clarify and designate additional town personnel to interpret and enforce the zoning provisions set forth in Chapter 108. § 26-17. Administrator of the Building Department. The Administrator of the Building Department, also known as Senior Building Inspector, shall be the principal executive officer and administrative head of the Building Department. §26-18. Establishment, powers and duties. The Administrator of the Building Department shall administer, supervise, manage, coordinate and enforce the zoning laws and applicable local laws, ordinances, rules and regulations of the Town of Riverhead and the applicable building codes, state and/or local, and applicable laws of the State of New York as legally required throughout the properties of the Town of Riverhead, including issuance of appearance tickets as set forth in §3-1; issue stop work orders as set forth in §52-4 and §108-74.1; and, such other powers or duties set forth in the provisions of the Town Code or as in his judgment may be necessary for the benefit or protection of the Town in any of its rights or property. In addition, the Administrator of the Building Department shall have the authority to review, evaluate, judge and advise on applications related to the Town Code of the Town of Riverhead, and such other applicable laws, ordinances and regulations of the Town of Riverhead and applicable laws of the State of New York. The Administrator of the Building Department, in conformance with the Civil Service Law, may designate such building inspectors as he/she deems necessary to enforce the zoning laws and applicable local laws, ordinances, rules and regulations of the Town of Riverhead and the applicable building codes, state and/or local, and applicable laws of the State of New York. Nothing herein above, shall be deemed to diminish or restrict the performance of such duties as are vested in and imposed upon the Building Administrator, Senior Building Inspector, Building Inspector or such other officers or persons employed in the Building Department. §26-19. Investigations Unit of the Office of the Town Attorney. The Investigations Unit of the Office of the Town Attorney, commonly referred to as "Code Enforcement", shall have authority to enforce the zoning laws and applicable local laws, ordinances, rules and regulations of the Town of Riverhead and the applicable building codes, state and/or local, and applicable laws of the State of New York as legally required throughout the properties of the Town of Riverhead. In addition, the Town Investigator and such other persons who are certified as Code Enforcement Officials as provided by Title 19 NYCRR Part 434, are authorized to issue appearance tickets as defined by §150.10 of the Criminal Procedure Law, summonses or any other notices as permissible by law for violation of the sections of the Town Code of the Town of Riverhead over which they have jurisdiction. Nothing herein above, shall be deemed to diminish or restrict the performance of such duties as are vested in and imposed upon the departments, officers or employees identified above. Nothing herein above, shall be deemed to diminish or restrict the performance of such duties as are vested in and imposed upon the Investigations Unit, Senior Town Investigator, Town Investigator and such other officers or persons employed in the Investigations Unit. §26-20. Planning Director for the Town of Riverhead. The Planning Director of the Town of Riverhead shall be vested with authority to make, issue, and render determinations regarding compliance with the provisions of the zoning code for site plan, special permit, and subdivision applications, however, the Director of Planning shall not have authority as granted to "authorized issuing officers" as set forth in §3-1 of the Town Code. Nothing herein above shall be deemed to diminish or restrict the performance of such duties as are vested in and imposed upon the Planning Director or such officers or persons under the supervisor of the Planning Director. §26-21. Enactment pursuant to Town Law §268, §138 and Municipal Home Rule. The provisions set forth in this Article are enacted pursuant to Town Law §268, Town Law §138, Municipal Home Rule Law §§ 10(1 )(ii)(a)(1) and 10(1) (ii)(d)(3), and is intended to supersede Town Law § 65(1). 04.05.2011 110244 TOWN OF RIVERHEAD Resolution # 244 ADOPTED ADOPTS A LOCAL LAW AMENDING CHAPTER 26 ENTITLED "OFFICERS AND EMPLOYEES" OF THE RIVERHEAD TOWN CODF (Article III and Article IV) Councilman Gabrielsen offered the following resolution, which was seconded by Councilwoman Gi.qlio WHEREAS, the Town Clerk was authorized to publish and post a public notice to hear all interested persons to consider a local law amending Chapter 26 entitled "Officers and Employees" of the Riverhead Town Code; and WHEREAS, a public hearing was held on the 15th day of March, 2011 at 7:05 o'clock p.m. at Riverhead Town Hall, 200 Howell Avenue, Riverhead, New York, the date, time and place specified in said public notice, and all persons wishing to be heard were heard. NOW THEREFORE BE IT RESOLVED, that a local law amending Chapter 26 entitled "Officers and Employees" of the Riverhead Town Code be and is hereby adopted as specified in the attached notice of adoption; and be it further RESOLVED, that the Town Clerk be and is hereby authorized to publish the attached notice of adoption once in the News Review, the official newspaper, and to post same on the signboard at Town Hall; and be it further RESOLVED, that all Town Hall Departments may review and obtain a copy of this resolution from the electronic storage device, and if needed, a certified copy of same may be obtained from the Office of the Town Clerk. THE VOTE Giglio []Yes r-~No Gabrielsen [~]Yes r-]No Wooten []Yes r-]No Dunleavy [~Yes [--]No Walter []Yes [~No The Resolution Was [] Thereupon Duly Declared Adopted Z:Prudenti\RESOLUTIONS\5-5-11 Adopt Amendments to Chap,26-Officers and Employees TOWN OF RIVERHEAD NOTICE OF ADOPTION PLEASE TAKE NOTICE that the Town Board of the Town of Riverhead adopted a local law amending Chapter 26 entitled "Officers and Employees", of the Riverhead Town Code at its regular meeting held on April 5, 2011. Be it enacted by the Town Board of the Town of Riverhead as follows: CHAPTER 26 OFFICERS AND EMPLOYEES Article III Office of theTown Attorney (§ 26-10 -- § 26.14) § 26-10. Title. This article shall be known as "Office of the Town Attorney". § 26-11. Definitions. Whenever used in this article, words in the sin.qular include the plural and vice versa, and the followin,q terms shall have the meanin.q indicated: CODE -- The Code of the Town of Riverhead. DEPUTY TOWN ATTORNEYS -- The Deputy Town Attorneys of the Office of the Town Attorney, one of whom shall act .qenerally for and in place of the Town Attorney. SUPERVISOR -- The Supervisor of the Town of Riverhead. TOWN -- The Town of Riverhead. TOWN ATTORNEY -- The head of the Office of the Town Attorney. TOWN BOARD -- The Town Board of the Town of Riverhead. § 26-12. Establishment; Department head; functions, powers and duties. A. Establishment. There shall be established herewith Office of the Town Attorney. B. The principal executive officer and administrative head of the Office of the Town Attorney shall be the Town Attorney, who shall be appointed by the Town Board for the terms fixed by law at such salary as may from time to time be fixed by the Town Board. The Town Attorney shall be appointed on the basis of his administrative experience and qualifications for the duties of such office. The Town Board may appoint Deputy Town Attorneys, one of whom shall generally act for and in behalf of the Town Attorney, at such salary and for such term as may from time to time be fixed by the Town Board, Z:Prudenti\RESOLUTIONS\5-5-l I Adopt Amendments to Chap. 26-Officers and Employees and who shall perform such duties as may be directed by the Town Board and as are vested in and imposed upon that office by the provisions of this article or any other statute or taw. C. Functions, powers and duties. The Town Attorney shall be the attorney for the Town Board and all of the Town officers in their official capacity and shall be the counsel and legal representative of the Town Board in all proceedings, undertakings or activities which the Town Board is concerned with or involved in. In addition, the Town Attorney shall have the following powers and duties: (1) To render legal advice to all Town departments, agencies and offices, as well as to special boards established by the Town Board. (2) To prepare or approve and process all leases and land acquisitions on behalf of the Town. (3) To prepare or approve and process all contracts entered into by the Town, its agencies and departments, including, where required, approval of notices to bidders, specifications, contract documents, insurance and bonds; to supervise the review and preparation of contracts and related local laws and any and all change orders and notices of lien; and to attend all necessary conferences involving departments, consultants and contractors and render legal advice and assistance during the term of such contracts. (4) To prepare and process all special agreements entered into by and on behalf of the Town, such as consultant agreements and concession agreements. (5) To prepare, review and recommend all Town local laws and amendments thereto and related public notices and local laws. (6) To perform le.qa research and render legal opinions. (7) To review all petitions and exhibits for chanqes of zone and special use permits, including preparation of public notices and related, local laws. (8) To review all applications and petitions in relation to special district improvements or extensions, including preparation of related public notices, local laws, orders and other required documents. (9) Except as otherwise provided, to represent the Town in all litigation matters, including the preparation and filing of all necessary pleadinqs, bdefs, memoranda of law, etc., and make recommendations as to settlement or appeal of such matters. (10) To prosecute violations of Town local laws; provided, however, that the Town Attorney may negotiate dispositions in such matters. (11) The Town Attorney shall be empowered to commence and defend proceedings or file notice of appeal in the name of the Town as in his iudgment may be necessary for the benefit or protection of the Town in any of Z:Prudenti\RESOLUTIONS\5-5-I 1 Adopt Amendments to Chap. 26-Officers and Employees its dghts or property. After filing of a notice of appeal, the Town Attorney, designee of the Town Attorney or special counsel shall be required to obtain Town Board approval prior to perfecting an appeal. (12) The Town Attorney shall be empowered to perform such other duties and functions which are prescribed to be performed by him in any local law or resolution of the Town Board or lawful directive of the Supervisor. However, the Town Attorney may delegate any of his powers to or direct any of his duties to be performed to any Deputy Town Attorney. (13) Furthermore, the Town Attorney is hereby authorized and empowered, subiect to the prior approval of the Town Board, except that such prior approval will not be required in cases of emergency, to retain and employ private consultants, experts and other parties which the Town Attorney deems proper and appropriate in promulgating the responsibilities and obligations of his office. (14) To assume any additional duties as may be assigned by the Town Board. 26-13. Enactment pursuant to municipal home rule. The provisions set forth in this Article are enacted pursuant to Municipal Home Rule Law §§ 10(,1 )((,ii)(a)(1) and 10(,1)0i)(,d)(3), and is intended to supersede Town Law § 65(1 ). § 26-14. Powers of Supervisor. Nothing herein contained shall be construed to delegate or transfer any powers of the Supervisor contained in the Town Law of the State of New York or any other statutory or other powers which may be exercised lawfully by the Supervisor. Article IV Zoning Officer of the Town of Riverhead (§26-15 - §26-21) §26-15. Title. This article shall be known as "Zoning Officer of the Town of Riverhead". § 26-16. Purpose. This article is adopted to codify a series of resolutions adopted in 1976 creating the position of Building & Zoning Administrator, the title "Building Inspector" was substituted in place of the title "Buildinq & Zoning Administrator", and defining duties, including enforcement of the zoning code referred to as Ordinance 29, now known as Chapter 108. In addition, it is the intent of this article to clarify and designate additional town personnel to interpret and enforce the zoninq provisions set forth in Chapter 108. Z:Prudenti\RESOLUTIONS\5-5-11 Adopt Amendments to Chap.26-Officcrs and Employees § 26-17. Administrator of the Building Departmept The Administrator of the Building Department, also known as Senior Building Inspector, shall be the principal executive officer and administrative head of the Building Department. §26-t 8. Establishment, powers and duties, The Administrator of the Building Department shall administer, supervise, manage, coordinate and enfome the zoning laws and applicable local laws, ordinances, rules and regulations of the Town of Riverhead and the applicable building codes, state and/or local, and applicable laws of the State of New York as legally required throughout the properties of the Town of Riverhead, including issuance of appearance tickets as set forth in §3-1; issue stop work orders as set forth in §52-4 and §108-74.1; and, such other powers or duties set forth in the provisions of the Town Code or as in his judgment may be necessary for the benefit or protection of the Town in any of its rights or property. In addition, the Administrator of the Building Department shall have the authority to review, evaluate, judge and advise on applications related to the Town Code of the Town of Riverhead, and such other applicable laws, ordinances and regulations of the Town of Riverhead and applicable laws of the State of New York. The Administrator of the Building Department, in conformance with the Civil Service Law, may designate such building inspectors as he/she deems necessary to enforce the zoning laws and applicable local laws, ordinances, rules and regulations of the Town of Riverhead and the applicable building codes, state and/or local, and applicable laws of the State of New York. Nothing herein above, shall be deemed to diminish or restdct the performance of such duties as are vested in and imposed upon the Building Administrator, Senior Building Inspector, Building Inspector or such other officers or persons employed in the Building Department. §26-19. Investigations Unit of the Office of the Town Attorney. The Investiqations Unit of the Office of the Town Attorney, commonly referred to as "Code Enforcement", shall have authority to enforce the zoning laws and applicable local laws, ordinances, rules and regulations of the Town of Riverhead and the applicable building codes, state and/or local, and applicable laws of the State of New York as legally required throughout the properties of the Town of Riverhead. In addition, the Town Investigator and such other persons who are certified as Code Enforcement Officials as provided by Title 19 NYCRR Part 434, are authorized to issue appearance tickets as defined by §150.10 of the Criminal Procedure Law, summonses or any other notices as permissible by law for violation of the sections of the Town Code of the Town of Riverhead over which they have iurisdiction. Nothinq herein above, shall be deemed to diminish or restrict the performance of such duties as are vested in and imposed upon the departments, officers or employees identified above. Nothinq herein above, shall be deemed to diminish or restrict the performance of such duties as are vested in and imposed upon the Investigations Unit, Senior Town Investigator, Town Investigator and such other officers or persons employed in the Investigations Unit. Z:Prudenti\RESOLUTIONS\5-5-11 Adopt Amendments to Chap~26-Officers and Employees §26-20. Plannin.q Director for the Town of Riverhead. The Planning Director of the Town of Riverhead shall be vested with authority to make, issue, and render determinations regarding compliance with the provisions of the zoning code for site plan, special permit, and subdivision applications, however, the Director of Planning shall not have authority as granted to "authorized issuing officers" as set forth in ~3-1 of the Town Code. Nothing herein above shall be deemed to diminish or restrict the performance of such duties as are vested in and imposed upon the Planning Director or such officers or persons under the supervisor of the Planning Director. §26-21. Enactment pursuant to Town Law §268~ §138 and Municipal Home Rule. The provisions set forth in this Article are enacted pursuant to Town Law §268, Town Law §138, Municipal Home Rule Law §§ 10(1 )(ii)(a)(1) and 10(1 ) (ii)(d)(3), and is intended to supersede Town Law § 65(1). · Underline represents addition(s) Dated: Riverhead, New York April 5, 2011 BY ORDER OF THE TOWN BOARD OF THE TOWN OF RIVERHEAD DIANE M. WILHELM, Town Clerk Z:Prudenti\RESOLUTIONS\5-5-11 Adopt Amendments to Chap.26-Officers and Employees Office of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer April 7, 2011 We would appreciate your si~ing this letter acknowledging receipt of this Resolution and returning it to the Office of the Riverhead Town Cl~rk. (Resolution# 244 from Town Board Meeting 4.5.11) Sincerely, Diane M. Wilhelm Town Clerk Signature: DW:cd date: _ 200_HowellAvenue~Riverhead,_NewD/ork_~_!901~ (63~)727-3;n11 ;xt- 2~0 ~ Fax (63t)208dQ34_.