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Home My WebLink AboutAG-02/14/2012ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER FINAL AGENDA Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631 ) 765 - 1800 www. southoldt own.northfork.net SOUTHOLD TOWN BOARD February 14, 2012 7:30 PM POLICY: At scheduled Town Board meetings, the attending public is encouraged to briefly address the Town Board relating to agenda resolutions prior to their enactment; the public will also be given time at the conclusion of the regularly scheduled business agenda to address the Board on any given topic. ONLINE ACCESS: The Agenda is generally available the Friday before the meeting. The video of the meeting is usually available 1-2 hours after the meeting. Minutes with adopted resolutions are available 1-2 days after the meeting. A full copy of the minutes, agenda and meeting video can be viewed in one of two ways: (1) The town of Southold website: southoldtown.northfork.net Click on "Town Board On- Line"; Click Box "Yes" to be redirected to IQM2 and you will then be redirected to the Town Clerk online site. (2) www.townclerk, com Enter zip code 11971 in box on lower right hand side and "enter". On the left hand side of screen a dark blue box will pop up, you will see "Town of Southold, Long Island, NY", click on this and another box will pop up that will tell you that you are being directed to another site click on "Yes" to go into the Town Clerk site. Go to the date of the meeting and click on "Minutes Packet" this is the full copy of the resolutions. (Scroll to bottom of page for KEY to symbols). You can view the live video of the meeting by clicking on the camera symbol. All of this information is available 24/7. If you would like help navigating the site, please feel free to call my office 631-765-1800. CALL TO ORDER 7:30 PM Meeting called to order on February 14, 2012 at Meeting Hall, 53095 Route 25, Southold, NY. I. REPORTS 1. Trustees Monthly Report January 2012 2. Town Clerk Monthly Report January 2012 3. Building Department January 2012 Southold Town Meeting Agenda - February 14, 2012 Page 2 4. Land Tracking Report 4th Quarter 2011 5. Human Resource Center January 2012 6. Program for the Disabled January 2012 7. Department of Public Works January 2012 8. Planning Board January 2012 9. Zoning Inspector January 2012 10. Town Clerk December 2011 4th Quarter 2011 Semi-Annual 2011 Annual 2011 11. Special Projects Coordinator January 2012 12. Justice William H. Price Jr. January 2012 13. Zoning Board of Appeals January 2012 II. PUBLIC NOTICES III. COMMUNICATIONS PUBLIC HEARING 9:00 A.M. - Public Hearing Unsafe Building SCTM # 1000-101-1-12 IV. DISCUSSION 1. 9:30 A.M. - Laura Klahre Stewardship Management Plans 2. 10:00 A.M. - James Hannah Brite Power 3. 10:30 A.M. - Jeff Standish Truck Bids 4. Follow Up: National Grid "Keyspan" Meeting on February 7, 2012 5. Unlicensed Contractors Using Town Landfill 6. Committee Appointments/Re-Appointments 7. LL/Amendments to Chapter ll7/Sanitary Flow Credits refer to Code Committee 8. Revisions to Chapter 111 Southold Town Meeting Agenda - February 14, 2012 Page 3 refer to Code Committee 9. LI/Ms4 Public Hearing tonight 10. LL/Site Plan Amendments Public Hearing tonight 11. LL/Property Maintenance Law Public Hearing tonight 12. Executive Session - Melissa Spiro Proposed Property transaction, publicity of which would substantially affect the value thereof 13. Executive Session Matters involving employment of Particular Person/s V. RESOLUTIONS 2012-147 CA TEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated February 14, 2012. v'VoteRecord ResolutionRES 2012 147 [] Adopted [] Adopted as Panended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Ctn'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-148 CATEGORY: DEPARTMENT: Set Meeting Town Clerk Set Yext Meeting 2/28/12 4:30 Pm RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, February 28, 2012 at the Southold Town Hall, Southold, New York at 4:30 P. M.. Southold Town Meeting Agenda - February 14, 2012 Page 4 v'VoteRecord ResolutionRES 2012 148 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-122 Tabled 1/31/2012 4:30 PM CATEGORY: Bid Acceptance DEPARTMENT: Public Works DP I/V Truck RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Mullen Motors Inc. to supply the Town of Southold Department of Public Works with a 2012 2500 Series Dodge Ram 4X4 in the amount of $29,395, all in accordance with the approval of the Town Attorney. v'VoteRecord ResolutionRES 2012 122 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-149 CATEGORY: DEPARTMENT: Attend Seminar Public Works LIPA Energy Efficiency Conf - DPW Fiscal Impact: deff Standish and TimAbrams to attend a LIPA Energy Efficiency Conference at Hilton Long Island/Huntington, Melville, ~VY. Travel and fee ($25 each) a charge to the DPI/V budget RESOLVED that the Town Board of the Town of Southold hereby grants permission to Jeff Standish and Tim Abrams to attend a seminar on Energy Efficiency, presented by LIPA, at the Hilton Long Island, in Melville, on February 14, 2012. All expenses for registration, travel to be a legal charge to the 2012 Department of Public Works budget. Southold Town Meeting Agenda - February 14, 2012 Page 5 · /VoteRecord ResolutionRES 2012 149 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hg~vys Appt [] No Action 2012-150 CATEGORY: Budget Modification DEPARTMENT: Building Department Budget Modification Fiscal Impact: To allocate additional funds for overtime earnings and part time regular earnings. RESOLVED that the Town Board of the Town of Southold hereby modifies the Buildin~ Department's 2011 budget in General Fund Part Town as follows: From: B.1990.4.100.100 B.3620.1.100.100 B.3620.4.100.100 B.3620.4.100.150 B.3620.4.200.100 B.3620.4.400.600 B.3620.4.600.200 B.3620.4.600.300 B.3620.4.600.600 To: B.3620.1.200.100 B.3620.1.100.200 Unallocated Contingencies $1,483 Regular Earnings 344 Office Supplies 192 Preprinted Forms 997 Cellular Telephone 112 Equipment Maintenance 100 Meetings and Seminars 840 Travel 352 Dues and Subscriptions 120 Total $4,540 Part Time Regular Earnings $4,077 Full Time Overtime Earnings 463 Total $4,540 Southold Town Meeting Agenda - February 14, 2012 Page 6 · /VoteRecord ResolufionRES2012 150 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn CN'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-151 CATEGORY: DEPARTMENT: Bid Acceptance Police Dept Accept Bid for Surplus' Fehicle and Disposal of Surplus Equipment for the Police Department RESOLVED that the Town Board of the Town of Southold hereby accepts the bid for the 2006 Chert Tahoe~ VIN# 1GNEK13Z96R115353 from the highest bidder, Steve Wolbert in the amount of $1278.53 Be it further RESOLVED that whereas no bids were received for the 1988 Cross Country Flat Bed Trailer, VIN#1C9FS0811J1431115, the Town Board of the Town of Southold hereby declares it to be unusable surplus equipment and should be disposed o£ · /VoteRecord ResolutionRES 2012 151 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn CN'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-152 CATEGORY: DEPARTMENT: Advertise Police Dept Advertise for Seasonal Police Officers for &e 2013 Season RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for (2) weeks for Seasonal Police Officers for the 2013 summer season. Attendance at the Suffolk County Police Academy for training to commence in the fall of 2012. Applications must be received by Friday, March 16, 2012. Southold Town Meeting Agenda - February 14, 2012 Page 7 v'VoteRecord Resolut~onRES 2012 152 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hg~vys Appt [] No Action 2012-153 CATEGORY: DEPARTMENT: Employment - Town Accounting Appomt Mark Tweedie Program Aide I TO BE TABLED RESOLVED that the Town Board of the Town of Southold hereby appoints Mark Tweedie to the position of a Program Aide I for the Historic Preservation Commission effective March 1, 2012 through June 1, 2012 at a rate of $12.98 per hour. v'VoteRecord Resolut~onRES 2012 153 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-154 CATEGORY: DEPARTMENT: Employment - Town Accounting Acknowledges Retirement of Sheila Klos WHEREAS, the Town of Southold has received email notification on February 2, 2012 from the NYS Retirement System concerning the retirement of Sheila M. Klos effective April 25, 2012, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby acknowledges the retirement of Sheila M. Klos from the position of a Public Safety Dispatcher I for the Police Department effective April 25, 2012. Southold Town Meeting Agenda - February 14, 2012 Page 8 v'VoteRecord ResolutionRES 2012 154 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&'awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-155 CATEGORY: DEPARTMENT: Employment - Town Accounting ~lcknowledges Retirement Ruthanne I/Voodhull WHEREAS, the Town of Southold has received email notification on February 2, 2012 from the NYS Retirement System concerning the retirement of Ruthanne Woodhull effective March 1, 2012, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby aclmowled~es the retirement of Ruthaime Woodhull from the position of a Senior Stenographer for the Supervisor's Office effective March 1, 2012. v'VoteRecord ResolutionRES 2012 155 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&'awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-156 CATEGORY: DEPARTMENT: Landfill Misc. Solid Waste Management District Tip Fee Refund RESOLVED that the Town Board of the Town of Southold hereby authorizes refunds of overpayments on Solid Waste District tip fee accounts as follows: · $295.02 to the account of Eastern Long Island Hospital; · $323.80 to the account of the New York State Department of Environmental Conservation Southold Town Meeting Agenda - February 14, 2012 Page 9 v'VoteRecord ResolutionRES 2012 156 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&'awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-157 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney A Execute the Acquisition Agreement Lease or Purchase Between the Town of Southold and Canon Business Solutions, ]nc. RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Acquisition A~reement Lease or Purchase between the Town of Southold and Canon Business Solutions, Inc., in connection with the lease of one (1) Canon IRADVC-5051 copy machine for use by the Police Department at a monthly cost of $369.00 for a period of forty-eight (48) months from the date of installation, subject to the approval of the Town Attorney. v'VoteRecord ResolutionRES 2012 157 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&'awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-158 CATEGORY: DEPARTMENT: Bid Acceptance Town Clerk Accept Bid Crown Fic RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Gerald Doroski, in the amount of $655.00, for Asset # 2794, 2003 Ford Crown Victoria. Southold Town Meeting Agenda - February 14, 2012 Page 10 v'VoteRecord ResolufionRES 2012 158 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&'awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-159 CATEGORY: Bid Acceptance DEPARTMENT: Town Clerk Reject Bid on Jeep or Equal RESOLVED that the Town Board of the Town of Southold hereby rejects any and all bids received for the Jeep Cherokee or equal, and be it further RESOLVED that the Town Clerk is authorized and directed to return all bid deposits. v'VoteRecord ResolutionRES 2012 159 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&'awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-160 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint John Crosser Police Officer RESOLVED that the Town Board of the Town of Southold hereby appoints John M. Crosser to the position of Police Officer for the Southold Town Police Department, effective February 16, 2012 at a rate of $39,905.00 per annum. Southold Town Meeting Agenda - February 14, 2012 Page 11 · /VoteRecord ResolulionRES 2012 160 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn CN'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hg~vys Appt [] No Action 2012-161 CATEGORY: Attend Seminar DEPARTMENT: Public Works Turf Seminar - DPW Fiscal Impact: deff Standish to attend &e Long Island Cauliflower Association Turf Seminar at &e Riverhead Hyatt. Topics: DEC Updates, Soil PH, Fertilizer, Weed Control, IPM Program, Bio-Pesticide Products, Turf Disease, New Phosphorous Law RESOLVED that the Town Board of the Town of Southold hereby grants permission to Jeff Standish to attend a seminar on Turf Management at the Riverhead Hyatt on February 15, 2012. This is a free seminar, with travel to Riverhead by a DPW vehicle. ~VoteRecord ResolulionRES 2012 161 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn CN'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-162 CATEGORY: DEPARTMENT: Budget Modification Accounting Establish Capital Budget for Mini-SUF Fiscal Impact: Establish capital projects in &e Capital Fund for a FoM Escape for the Human Services Department - appropriation short $900, so additional funds coming from HRC Southold Town Meeting Agenda - February 14, 2012 Page 12 WHEREAS the Town Board of the Town of Southold adopted a 2012 Capital Budget which includes a $21,000 appropriation for a mini-SUV, and WHEREAS the Human Resources Department requires a mini-SUV costing $21,900, and WHEREAS the Town's Capital Budgeting process requires a resolution to formally establish a Capital Budget item in the Capital Fund, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2012 budget as follows: From: A. 6772.4.100.500 To: A. 9901.9.000.100 Vehicle Parts and Supplies $900 Transfer to Capital Fund $900 and be it further RESOLVED that the Town Board of the Town of Southold hereby authorizes the establishment of the followin~ Capital Project in the 2012 Capital Fund: Capital Project Name: Mini-SUV Financing Method: Transfer from the General Fund Whole Town Budget: Revenues: H.5031.20 Appropriations: H.6772.2.300.100 Interfund Transfers Programs for the Aging Capital Outlay Mini-SUV $21,900 $21,900 · /VoteRecord ResolutionRES 2012 162 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-163 CATEGORY: DEPARTMENT: Budget Modification Police Dept Budget Modification - Police Department Southold Town Meeting Agenda - February 14, 2012 Page 13 Fiscal Impact: To fix overexpended budget lines from the 2011 budget. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2011 General Fund Whole Town budget as follows: From: A. 3120.1.100.100 A. 3130.1.100.500 A. 3120.1.100.300 A. 3120. 1.100.400 A. 3130.1.100.200 Police, P.S. Full Time Employees, Regular Earnings $40,243 Bay Constable, P.S. Full Time Employees, Holiday Earnings $421 Total $40,664 Police, P.S. Full Time Employees, Vacation Earnings $12,577 Police, P.S. Full Time Employees, Sick Earnings $27,666 Bay Constable, P.S. Full Time Employees, Overtime Earnings $421 Total $40,664 v'VoteRecord ResolutionRES 2012 163 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] WithO'awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hg*vys Appt [] No Action 2012-164 CATEGORY: Budget Modification DEPARTMENT: Highway Department 2011 Budget Modification - Highway Fiscal Impact: The reason for these budget modifications to the 2011 Highway Fund Part Town budget is due to the fact that the above line items need to be increased as their respective budget lines, at present, are under- funded. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2011 Brush & Weeds/Miscellaneous budget in the Highway Fund Part Town as follows: Southold Town Meeting Agenda - February 14, 2012 Page 14 From: DB.5140.4.100.100 DB.5140.4.100.125 DB.5140.4.100.400 DB.5140.4.100.900 DB.5140.4.600.700 To: DB.5140.4.100.550 DB.5140.4.100.600 DB.5140.4.400.150 DB.5140.4.400.600 DB.5140.4.600.300 Supplies & Materials, Office Supplies Supplies & Materials, Miscellaneous Supplies Supplies & Materials, Implements (Small Tools) Supplies & Materials, Landscaping Materials Miscellaneous, Licenses Total: $ 213 9OO 4OO 1,060 161 $ 2,734 Supplies & Materials, Equipment Parts/Supplies $ 900 Supplies & Materials, Uniforms 61 Contracted Services, Rubbish Disposal 1,060 Contracted Services, Office Equipment Maint/Repair 213 Miscellaneous, Travel 500 Total: $ 2,734 ~VoteRecord ResolutionRES 2012 164 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-165 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk St. Patrick's Day Parade on Saturday, March 10, 2012 at 2:OO PM Fiscal Impact: Total Department Cost for Event $524.86 RESOLVED that the Town Board of the Town of Southold hereby ~rants permission to The North Fork Chamber of Commerce and the Cutcho~ue Fire Department to use the followin~ route: sta~in~ on Eugene's Road and be~in at Cox Lane~ west to Cases Lane~ endin~ at the Village Green for its 8tb Annual St. Patrick's Day parade in Cutcho~ue~ on Saturday~ March l0t 2012 be~innin~ at 2:00 PM, Provided: 1. They file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured 2. Contact Capt. Kruszeski upon receipt of the approval of this resolution to coordinate traffic control. 3. No permanent markings be placed on town, county or state roads or property for the Southold Town Meeting Agenda - February 14, 2012 Page 15 event Any road markings or signs for the event be removed within twenty-four (24) hours of the completion of the event. All fees shall be waived. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. v'VoteRecord ResolutionRES 2012 165 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-166 CATEGORY: DEPARTMENT: Property Acquisition Public Hearing Land Preservation Reso to Set P.H. Manor Grove O. 7Acre Acquisition RESOLVED that pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, February 28, 2012, at 4:32 p.m, Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of property from The Nature Conservancy, contract vendee for the properties owned by Manor Grove Corporation. Said property is identified as p/o SCTM #1000-53-1-1.2. The area to be purchased is 0.722 acre. The Town of Southold and County of Suffolk, as joint tenants in common, are under separate contract to purchase fee title to 28.743 acres of the Manor Grove Corporation properties for open space purposes from The Nature Conservancy (as contract vendee). The additional 0.722 acre area is improved with a framed dwelling and two barns and is known as Lot #1 on a pending Manor Grove Corporation Conservation Subdivision application under review by the Southold Town Planning Board. The address of the property is 68775 Route 25, in Greenport, New York. The property is located within the LB (Limited Business) zoning district. The proposed acquisition is for the Town to acquire fee title to this 0.722 acre property for open space purposes. The exact area of the purchase is subject to a Town provided survey. The purchase will be funded by the Community Preservation Fund. It is the Town's intent to remove all existing improvements located on the 0.722 acre area. The Town's purchase price for fee title to the 0.722 acre area is $150,000.00. The purchase is subject to a preceding or simultaneous closing on the remainder of the parcel, the 28.743 acre area, by the Town of Southold and the County of Suffolk as joint tenants in common. Should the Southold Town Meeting Agenda - February 14, 2012 Page 16 Town of Southold and the County of Suffolk fail to close and acquire these described interests in real property, the Town of Southold, as Purchaser, shall have no obligation to close on the Premises described herein and shall have the right to immediately terminate an executed Purchase Agreement. The Manor Grove property is listed on the Town's Community Preservation Project Plan as property that should be preserved for open space, nature preserve, passive recreational purposes, and fresh and saltwater marsh and wetland protection. Proposed uses of the property may include the establishment of a nature preserve, passive recreational area with trails, and limited parking for access purposes. The property is adjacent to, and in the vicinity of, other properties within the Pipes Cove Area which have been preserved for similar purposes, and the use of the property will be in conjunction with uses that may be developed for the overall Pipes Cove Area. The Nature Conservancy will be working in partnership with the Town to prepare a Pipes Cove/Arshamomaque Preserve Stewardship and Management Plan for preserved properties within the Pipes Cove area. The Land Preservation Coordinator has reviewed the acquisition in accordance with Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5. One (1) Sanitary Flow Credit may be available for transfer from the property upon the Town's purchase of the property. The transfer of the Sanitary Flow Credit will not be finalized, and shall not occur, until the Town closes on the property, and the Town Board passes a resolution allowing the transfer into the Town TDR Bank. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. · /VoteRecord ResolutionRES 2012 166 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&awn CN'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-167 CATEGORY: DEPARTMENT: Employment - FIFD Accounting Appoint Gordon Murphy Mterim Assistant Manager Southold Town Meeting Agenda - February 14, 2012 Page 17 WHEREAS, the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their January 24, 2012 meeting to hire Gordon Murphy as Interim Assistant Manager, Fisher Island Ferry District, effective February 1, 2012 at a salary of $60,000.00 per annum and, WHEREAS the Town Board of the Town of Southold is required to approve appointments and salary adjustments of employees of the Fishers Island Ferry District, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby appoints Gordon Murphy to the position of Interim Assistant Manager of the Fishers Island Ferry District effective February 1, 2012 at a salary of $60,000.00 per annum. v'VoteRecord ResolutionRES 2012 167 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&'awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-168 CATEGORY: DEPARTMENT: Property Usage Land Preservation Silver Eel Preserve Stewardship Management Plan RESOLVED that the Town Board of the Town of Southold hereby adopts the Silver Eel Preserve Stewardship Management Plan for Town-owned open space property located on the westerly side of Reservoir Road on Fishers Island, and further identified on the Suffolk County Tax Map as #1000-9.-8-2.1. v'VoteRecord ResolutionRES 2012 168 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&'awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-169 CA TEGORY: Policies Southold Town Meeting Agenda - February 14, 2012 Page 18 DEPARTMENT: Land Preservation Sound View Dunes Park Official Designation RESOLVED that the Town Board of the Town of Southold, hereby approves "Sound View Dunes Park" as bein~ the official designation of the 57+ acre open space parcel owned by the County of Suffolk and Town of Southold as tenants-in-common. Said property is located on the northerly side of Sound View Avenue in Peconic, running northerly to Long Island Sound, and is further identified on the Suffolk County Tax Map as #1000-58.-1-1.1. v'VoteRecord ResolutionRES 2012 169 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-170 CATEGORY: DEPARTMENT: Organizational Town Clerk Amend Resolution 2012-44 RESOLVED that the Town Board of the Town of Southold hereby amends resolution #2012-44, adopted at the 2012 Organizational meeting to read as follows: RESOLVED that Supervisor Scott A. Russell be and he hereby is designated to represent the Town of Southold at the annual meeting of the Association of Towns of the State of New York, to be held in New York City on February 19, 20, 21, & 22, 2012 and to cast the vote of the Town of Southold pursuant to Section 6 of Article III of the Constitution and By-Laws of the Association of Towns; and be it FURTHER RESOLVED that Ccx:n~i!man A!bcrt J. Fm:pgki, Jr. Town Clerk EHzabeth A. Neville and Councilman Christopher Talbot be and they hereby are designated to act as the alternate delegates, to cast the vote of the Town of Southold at the annual meeting of the Association of Towns in the absence of Supervisor Russell. Southold Town Meeting Agenda - February 14, 2012 Page 19 -/VoteRecord ResolutionRES 2012 170 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn CN'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hg~vys Appt [] No Action 2012-171 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint Scott Kessler Automotive Mechanic III RESOLVED that the Town Board of the Town of Southold hereby appoints Scott A. Kessler to the position of an Automotive Mechanic III for the Department of Public Works, effective February 16, 2012 at a rate of $28.2275 per hour. v'VoteRecord ResolutionRES 2012 171 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn CN'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-172 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Agreement Between &e Town of Southold and Cornell Cooperative Extension of Suffo& County in Connection wi& Conducting a Goldsmi& Inlet Coliform Enumeration and DNA Source Tracking RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Agreement between the Town of Southold and Cornell Cooperative Extension of Suffolk County in connection with conducting a Goldsmith Inlet Coliform Enumeration and DNA Source Tracking to further support the ongoing efforts by the Town in meeting its water quality goals, at a cost not to exceed $28,000, plus out-of-pocket expenses for mileage, postage, photocopying, etc., subject to the approval of the Town Attorney. Southold Town Meeting Agenda - February 14, 2012 Page 20 v'VoteRecord ResolutionRES 2012 172 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hg~vys Appt [] No Action 2012-173 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attomey .4 Execute the Amendment to State Assistance Contract Between the Town of Southold and the New York State Department of Environmental Conservation RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Amendment to State Assistance Contract between the Town of Southold and the New York State Department of Environmental Conservation in connection with a no-cost extension of time extending the term of Contract #C303426 (Hashamomuck Pond Watershed Management Plan) from March 31, 2012 to March 31, 2013, subject to the approval of the Town Attorney. · /VoteRecord ResolutionRES 2012 173 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hg~vys Appt [] No Action 2012-174 CATEGORY: DEPARTMENT: Public Service Town Attomey Unsafe Building - Jacobs WHEREAS, the Zoning Inspector of the Town of Southold inspected the property owned by John Jacobs c/o W.W. Jacobs and located at 15775 County Route 48, Cutchogue, also known as SCTM #1000-101-1-12 and prepared a written report of his findings in the form of a Notice dated December 15,2011; and Southold Town Meeting Agenda - February 14, 2012 Page 21 WHEREAS, the Notice indicates that the structures on the property are unsafe, dangerous and constitute a hazard to safety; and WHEREAS, said Notice was sent certified mail to the property owner; and WHEREAS, the Notice advised the property owner that the property must be made safe, and if the owner failed to comply, that a hearing would be held before the Southold Town Board on February 14, 2012 at 9:00 a.m.; and WHEREAS, the owner failed to make any remediation to the premises prior to said date; and WHEREAS, the Southold Town Board held a hearing pursuant to Chapter 100 of the Southold Town Code on February 14, 2012 at 9:00 a.m. The Southold Town Board heard testimony from Damon Rallis, Zoning Inspector, and reviewed documentary evidence, including notices sent to the property owner and photographs of the premises. The property owner did not appear and did not respond to any notices or communications from the Zoning Inspector; now, therefore, be it RESOLVED that, pursuant to the provisions of Chapter 100 of the Southold Town Code, the Town Board of the Town of Southold hereby determines that the premises located at 15775 County Route 48~ Cutchogue~ is unsafe and dangerous to the public in its current state; and it is further RESOLVED that the two accessory structures be removed, the main structure be secured, and debris, garbage and overgrowth be removed from the property; and it is further RESOLVED that the Town will perform such work on the property to make the premises and structures safe, and assess all costs and expenses incurred by the Town in performing such work against the land on which said buildings are located. · /VoteRecord ResolutionRES 2012 174 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&'awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-175 CATEGORY: DEPARTMENT: Property Usage Town Attorney Horton's Lane Farm, $outhold Southold Town Meeting Agenda - February 14, 2012 Page 22 WHEREAS, the Town of Southold, New York, is the owner in fee of a 30.8297-acre farm located at 4395 Horton's Lane, Southold, in the Town of Southold, consisting of 28.9932-acres of farmland subject to a Town of Southold Development Rights Easement (SCTM #1000-54-7- 21.7) and a 1.8365-acre reserved area with buildings and improvements thereon (SCTM #1000- 54-7-21.6); and WHEREAS, the Town's holding of the Development Rights Easement achieves the public purpose of farmland preservation and therefore the property is no longer needed for a public purpose; and WHEREAS, on August 30, 2011, the Town Board declared said premises "surplus" (Resolution No. 2011-620); and WHEREAS, said premises was offered on the open market at not less than fair market value; and WHEREAS, the Town Board has received a fair market value offer to purchase said premises. NOW, THEREFORE, BE IT RESOLVED that subject to permissive referendum, said premises will be sold at a price that is not less than fair market value; and be it further RESOLVED that Scott A. Russell, as Supervisor of the Town of Southold, is hereby authorized to execute any and all documents that may be required to effectuate the sale and transfer of all right, title and interest of the Town in said property, subject to the Town of Southold Development Rights Easement; and be it further RESOLVED that pursuant to the provisions of §64(2) of the Town Law, this conveyance is subject to permissive referendum under the procedure set forth in Article 7 of the Town Law of the State of New York; and be it further RESOLVED that within ten (10) days after the adoption of this resolution by the Town Board, the Town Clerk, in the same manner as for a notice of a special election, shall post and publish a notice setting forth the date of the adoption of this resolution and containing an abstract of this resolution concisely stating its purpose and effect. The notice shall specify that such resolution was adopted subject to permissive referendum; and be it further RESOLVED that in the event that no petition seeking a permissive referendum is filed with the Town Clerk within thirty (30) days in accordance with the provisions of Article 7 of the Town Law, this resolution shall be in full force and effect and the Supervisor is authorized to execute any and all documents to effectuate the sale thereof and the conveyance shall be thereafter recorded in the Office of the Clerk of the County of Suffolk and shall be binding on the parties thereto. Southold Town Meeting Agenda - February 14, 2012 Page 23 v'VoteRecord ResolutionRES 2012 175 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-176 CATEGORY: DEPARTMENT: Seqra Town Attorney SEQRA LL/Site Plan Amendments RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed "A Local Law in relation to Amendments to Chapter 280~ Zonin~ in connection with Site Plan Approval" is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith, and is consistent with the LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. v'VoteRecord ResolutionRES 2012 176 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-177 CATEGORY: DEPARTMENT: Seqra Town Attorney SEQRA LL/Property Mamtenance Law RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed "A Local Law in relation to Amendments to Chapter 100t Buildings, Unsafe" in connection with Unsafe Buildings, Premises and Property Maintenance Law of the Town of Southold" is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as lead Southold Town Meeting Agenda - February 14, 2012 Page 24 agency for the uncoordinated review of this action and issues a Negative Declaration for the action and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith, and is consistent with the LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. v'VoteRecord ResolutionRES 2012 177 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hg~vys Appt [] No Action 2012-178 CATEGORY: DEPARTMENT: Seqra Town Attorney Seqra Ll/3/is4 RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed "A Local Law in relation to Amendments to Chapter 236~ Stormwater Management" is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith, and is consistent with the LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. v'VoteRecord ResolutionRES 2012 178 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-179 CATEGORY: DEPARTMENT: Enact Local Law Town Clerk Enact LL# 3 Site Plan Amendments Southold Town Meeting Agenda - February 14, 2012 Page 25 WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 17th day of January, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280~ Zonin~ in connection with Site Plan Approval" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280~ Zonin~ in connection with Site Plan Approval" reads as follows: LOCAL LAW NO. 3 of 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Site Plan Approval". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. To provide for the health, safety and welfare of the citizens of the Town of Southold, it is necessary to make certain amendments to Article XXIV "Site Plan Approval" of Chapter 280. These amendments are intended to codify and clarify existing policies, site plan objectives and approval requirements and procedures. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-127. Applicability. This article shall apply to every land use that is permitted in the Town of Southold except the single-family home use on a single and separate lot as set forth in Article III, § 280-13A(1), and customary nonagricultural accessory uses to a single-family residential home use as stated in the Town Code. Any change in use or intensity of use which will affect the characteristics of the site in terms of parking, loading, access, drainage, open space or utilities will require site plan approval. In all cases where this chapter requires approval of site ~c¥c!~pmcr~ plans by the Planning Board, no building permit shall be issued by the Building Inspector except upon authorization of and in conformity with the site plan approval by the Planning Board and all other public agencies involved. §280-128. Findings of fact; purpose. A. The Town Board wishes to protect the unique rural and open space character of the Town and hereby finds that development within the Town, exclusive of the Incorporated Village of Greenport, should proceed along the lines of good order and with due regard to the public interest, including but not limited to the following: exterior design of new or renovated structures and portions thereof; the construction and location of parking areas, Southold Town Meeting Agenda - February 14, 2012 Page 26 whether or not accompanied by new building construction; changes in the use of existing structures; the use of open land; and that the proposed site use would impact beneficially on the well-being of the population in general, increase the Town's tax base and facilitate the local economy. It is the purpose of this article to encourage good design and to: (1) Protect the established character and value of the adjoining properties, both public and private, and of the neighborhood in which they are located. (2) Lessen and, where possible, prevent traffic congestion on the streets and highways upon which the site fronts or which provide vehicular or pedestrian access thereto. (3) Prevent overcrowding of land or buildings. (4) Secure safety from fire, flood and other dangers and provide adequate light, air and convenience of access. (5) Mitigate the environmental impacts of new development on the land, air and water resources. §280-129. Objectives. In considering and acting upon site dcvc!e, pmcra plans, the Planning Board shall take into consideration the public health, safety and welfare, the economic impact and the comfort and convenience of the public in general and the residents of the immediate neighborhood in particular and may prescribe appropriate conditions and safeguards as may be required in order that the result of its action may, to the maximum extent possible, further the expressed intent of this chapter and the accomplishment of the following objectives in particular: A. Traffic access: that all proposed traffic accessways are adequate but not excessive in number; adequate in width, grade, alignment and visibility; are located in proper relationship to intersections, pedestrian crossings and other places of public assembly; and, further, are in conformance with overall traffic safety considerations. Other public agencies may require further improvements above and beyond the Town's requirements. Roadway improvements not directly in front of the site may be necessary and required, based on overall traffic circulation and signalization of adjacent access points and streets. B. Interior circulation and parking: that adequate off-street parking and loading spaces are provided to satisfy the parking needs of the proposed uses on site and that the interior circulation system is so designed to provide convenient access to such spaces consistent with pedestrian safety, and, further, that loading areas shall not impede the flow of interior pedestrian and vehicular traffic and that for certain uses, adequate interior roadways are provided to confine operations to the site. Handicap accessibility shall be provided and placed at the nearest point to the proposed structure. C. Landscaping and screening: that all parking, service and similar areas are screened at all seasons of the year from view of adjacent residential districts and streets and that the landscaping of the site complements the intended use. Existing trees of at least six inches or more in diameter measured three feet above the base of the trunk shall be retained to the maximum extent possible. D. Natural features: that high priority shall be given to: (1) The conservation of all natural features on and adjacent to the site, including but not limited to natural drainage-courses, fresh- and saltwater wetlands and Southold Town Meeting Agenda - February 14, 2012 Page 27 marshes, dunes, bluft~, beaches, escarpments, woodlands, large trees, unique plant and wildlife habitats, flood hazard areas and wildlife breeding areas. (2) The protection of ground- and surfhce water from contamination by pollutants. (3) The protection of air quality. Pavement: that all other paved areas intended for use by pedestrians and vehicles shall make use of an aesthetically pleasing and safe combination of pavements and plant materials which would serve to encourage their use by pedestrians and vehicles. Lighting: that all outdoor lighting shall be of such a nature and so arranged as to minimize the projection of direct light and glare onto adjoining properties and streets. Outdoor lighting shall be compatible with the intended use and also the zoning district, particularly in or adjacent to residential zones. Public address intercom or sound systems: that any sound or public-address system shall be located to minimize sound to adjoining properties or on the adjacent street. Grading and drainage: that all site developments shall respect existing grades on site and on adjoining sites to avoid unnecessary excavation or filling and that all stormwater runoff generated on site will be retained on site in an environmentally acceptable manner. All grading and drainage plans must meet with the requirements of the Town Engineer and/or Superintendent of Highways. Public utilities: that plans for water supply and sewage disposal, cable, telephone, electricity, gas, etc., shall be considered and included in this section and shall conform to such public requirements and standards as may exist. Existing development and Comprehensive Development Plan: that the development proposed is at a scale consistent with existing development and with the Comprehensive Development Plan of the Town of Southold. Architectural features: that the natural features of the site and surroundings, exterior design and appearances of existing adjacent structures and the character of the district are evaluated in accordance with the architectural standards set forth in this chapter. [Amended 5-15-1995 by L.L. No. 7-1995] Handicapped access: that the site plan and building design shall accommodate the needs of the handicapped and be in conformance with the applicable state and local standards concerning the same. ARTICLE XXIV, Site Plan Approval §280-130. Approval of site plan required. A. After the filing of an application for a building permit, the Building Inspector shall make a determination as to whether a site plan or an amendment thereto is required, and this written determination shall be forwarded to the Planning Department for comment. The Planning Department must provide written comments on this determination to the Building Inspector within five business days, or be deemed to have waived the opportunity to comment. After review of comments, or after the time period for comment has elapsed, the Building Inspector shall issue a final determination to the applicant, which shall in no event be more than 15 business days from the filing of the application. Such determination shall also include a written decision as to whether the proposed use is permitted and whether a special exception is required from the Zoning Board of Appeals. Southold Town Meeting Agenda - February 14, 2012 Page 28 No building permit shall be issued for any structure or building for which use a site plan is required pursuant to this chapter, until, if required, an approved site dcvc!e, pmcr~ plan or approved amendment of any such plan has been secured by the applicant from the Planning Board and presented to the Building Inspector, along with all necessary approvals and permits as may be required by other public agencies. [Amended 5-15-1995 by L.L. No. 8-1995; 3-9-2004 by L.L. No. 8-2004; 12-14-2004 by L.L. No. 25-2004] di 1 i 1 th k: ........ ,:^-^ch., .......... c. No regra ng, c ear ng, tree remova or any o er wor ... v. ~v ...................... site, except limited clearing needed to undertake survey work or soils investigations, may take placew^" ~'~ ..... v~-----~-,:**ha .^~v .~7~,.~ p!acc until the site plan has been approved by the Planning Board or the Planning Board authorizes such work in writing. No certificate of occupancy shall be issued for any building, structure, premises, lot or use of land covered by this article unless the structure has been completed (whether the structure is being constructed, renovated, reconstructed, altered, moved or put into use), and the site is developed in accordance with an approved site dcvc!e, pmcr~ plan or approved amendment of any such plan. Upon request of the owner or his authorized agent for a certificate of occupancy, the Building Inspector shall issue the certificate, provided that said Building Inspector, along with the Planning Board, shall find that such building or structure and site is in conformity with the approved site plan. After a certificate of occupancy is issued, there shall be no exterior alterations of a building that expand the footprint or any revisions of the site or changes of use without first obtaining Planning Board approval. Failure to obtain site plan approval shall be a violation of this article and shall be subject to such penalties as are set forth in § 280-155 of this chapter. [Amended 6-7-2005 by L.L. No. 8-2005] Failure to comply with a term or condition of an approved site plan shall be a violation of this article and shall be subject to such penalties as are set forth in § 280-155 of this chapter. The Planning Board shall retain jurisdiction and shall have the right, after a public hearing, to modify, suspend or revoke such approval or any term or condition thereof or to impose thereon one or more new conditions, based upon one of the following grounds: (1) False statements or mistake of material fact: materially false or inaccurate statements in the application, supporting papers or supporting testimony or ignorance or misunderstanding of a material fact by the Planning Board, which fact, had it been known to the Board at the time of its review, would have resulted in a denial of the approval sought. (2) Non-compliance with the terms and conditions of such approval: failure of the applicant-permittee to comply with any conditions or terms of approval. (3) Activity beyond such approval: exceeding the scope of the activity, use or proiect as the same was described in the application. Any use that has received site plan approval by the Planning Board shall not be commenced unless the Planning Board issues a written certification that all terms and conditions set forth in the site plan approval have been met. Failure to comply with a term or condition of site plan approval prior to commencement of the approved use shall be a violation of this article and shall be subiect to such penalties as are set forth in ~280- Southold Town Meeting Agenda - February 14, 2012 Page 29 155 of this chapter unless the Planning Board expressly states an alternative period of time for compliance within the site plan approval. Upon recommendation of the Planning Board and approval of the Town Attorney, the Building Inspector may revoke an existing certificate of occupancy upon a showing that the subject premises is being occupied or used in violation of an approved site plan and may direct that such occupancy or use be discontinued. The Town Attorney is authorized to commence proceedings in a court of appropriate jurisdiction to restrain said use or occupancy. [Amended 6-7-2005 by L.L. No. 8-2005] §280-131. Review procedure. A. Presubmission conference. Prior to the submission of a site ~c¥c!c. pmcrX plan, the applicant or his agent shall meet with the Planning Board or its representative. The purpose of such conference shall be to discuss proposed uses or development plan elements that shall be submitted to the Planning Board in order for said Board to determine conformity with the provisions and intent of this article. Said meeting shall take place within 30 calendar days from the date of written request therefor. B. Site ~c¥c!c. pmcr~ plan. Nine copies of the site ~c¥c!c. pmcnt plan application and any related information as defined during the presubmission conference shall be submitted to the Planning Board within four months of the presubmission conference. If a site ~'~ ..... * plan application is not submitted within four months following a presubmission conference, another conference may be required by the Planning Board. (1) Within 10 business days of receipt of the application, the Planning Board shall determine whether to accept, reject or request revision of the application. (2) If the Planning Board determines said application to be acceptable but in need of revision, it shall notify the applicant, in writing, wherein said application is deficient within 30 calendar days. (3) Within the thirty-calendar-day period from receipt of the application, the following shall also take place: the site plan reviewer (or other delegate of the Planning Board) shall hold a joint meeting with a representative of the Building Department authorized to review building plans, for the purpose of making a joint recommendation as to whether the site plan application complies with all applicable zoning regulations or whether any variances are required from the Zoning Board of Appeals; that recommendation shall be forwarded to the Building Inspector, who shall either endorse or revise that recommendation; and in the event the Building Inspector's zoning determination indicates that a variance is required, the site plan reviewer (or other delegate of the Planning Board) shall so inform the applicant; and in the event the applicant wishes to proceed with the application as submitted, the Building Inspector shall issue a notice of disapproval at that time. This procedure shall also apply to any amendments to the site plan application. (4) In the case of a variance or special exception application requiring site plan approval, the site ..c¥c.c. pmcn~ plan application shall be subjected to preliminary review and written comments by the Planning Board within 60 days of such request by the Board of Appeals. (a) In no case may the Planning Board grant site plan approval prior to the Southold Town Meeting Agenda - February 14, 2012 Page 30 issuance of a special exception by the Zoning Board of Appeals, if such is required. (b) Before the Planning Board can approve any application for the amendment of a use or structure for which a special exception was granted, the applicant must obtain permission from the Zoning Board of Appeals to expand or otherwise alter or change either the use or the structure. (5) The Planning Board may vary or waive parking requirements, provided that such change will not have a detrimental effect on the public health, safety or general welfare and will not have the effect of nullifying the intent and provision of this chapter. (a) The Planning Board may allow or require landscaping to be installed in place of specified parking spaces. (b) On any site for which the Planning Board grants approval for less than the required number of spaces for that use, the Planning Board shall have the right to review the parking requirements again ifa change of use is proposed. (6) Review of a new site plan for a lot on which an approved site plan already exists shall not proceed until the approved plan is withdrawn by the applicant. When the Planning Board determines said application to be acceptable, it shall, within 10 business days of such determination, distribute said application and documentation to the Town, county and state agencies having jurisdiction, for their comment. Such referral shall include a referral to the Architectural Review Committee. The Architectural Review Committee ~a!! may make a written recommendation to the Planning Board on the site plan within 10 business days of receipt of the referral. If the Committee fails to make a recommendation within this time period, the project shall proceed to the Planning Board for consideration without Committee review. Notwithstanding the foregoing, applications involving only structures requiring review by the Historic Preservation Commission for a certificate of appropriateness under Chapter 170, Historic Landmark Preservation Law, of this Code shall not also be referred to the Architectural Review Committee for review. [Amended 2-13-2007 by L.L. No. 6-2007] Upon receipt and review of written comments from each of the agencies to which the proposed site plan was distributed, the Planning Board shall, within a reasonable period of time, not to exceed 30 days, determine whether to require revisions to the proposed plan. No decision on the application shall be made until the State Environmental Quality Review ActEN process is completed. After the Planning Board has determined that the proposed site plan is suitable for approval, it shall: (1) Forward the plan to the Building Inspector for final review and certification. (2) Forward the plan to the Fire Commissioner of the fire district within which the site is located for a determination as to whether a fire well is needed and, if so, its location. (3) Notify the applicant, in writing, to make an application for the appropriate curb cut permits. (4) Submit the proposed site plan to the Suffolk County Planning Commission in Southold Town Meeting Agenda - February 14, 2012 Page 31 accordance with the provision of the Suffolk County Charter, if necessary. Upon receipt of the Building Inspector's certification, the Fire Commissioner's response, the curb cut permits and the comments of the Suffolk County Planning Commission, the Planning Board shall place the site plan on the agenda of the next regularly scheduled public meeting. The Planning Board shall hold a public hearing to consider the application. Notice shall be provided pursuant to Chapter 55, Notice of Public Hearings. Notwithstanding this requirement, with respect to applications involving modifications to existing structures with no substantial change to the existing footprint, where the Planning Board determines that such modifications or any change in use will not require significant changes to existing major site design features, as well as applications involving uses strictly related to agriculture (but excepting retail winery operations), the Planning Board shall have the discretion to waive the public hearing requirement and may act on such application by filed resolution at a duly noticed public meeting. Prior to the Planning Board's endorsement of the site plan, the applicant must sign a statement placed on the site plan indicating his/her knowledge and acceptance of the conditions of approval. Amendments to an existing site plan may be acted upon in the same manner as a new site plan. ................ ~ ...........~ ....... : ~ha!! bc ba~cd e,n a !i~ting .... ,~ .......... Guaranty of Performance (1) Public Improvements: A guaranty of performance may be required for all public improvements as part of the conditions of approval. If a guaranty of performance is required, the provisions of Article IX, Bonds and Other Security, shall apply. (2) Other on-site improvements including, but not limited to, securing the property, buffers, landscaping and/or screening: A guaranty of performance may be required for on-site improvements as part of the conditions of approval under the following circumstances: (a) where the application involves a commercial property that abuts or is across any public or private street from a residential property. (b) where the application involves a change or intensification of use that may have potential impacts on adjacent property owners. (3) Default: In the event that the applicant fails to comply with the provisions of this section, and complete the required improvements, the Town Board may thereupon declare the said guaranty of performance (i.e., performance bond, letter of credit, or other equivalent security) in default and collect the sum remaining payable thereunder; and upon the receipt thereof, the Town shall install such improvements as are covered by such security and as commensurate with the extent of building development that has taken place on the property. Where the cost of the improvements exceeds the forfeited security, the additional cost, including, but not limited to, any legal fees incurred, shall be and constitute a lien upon the land upon which the improvements are to be made and shall be included in the levy against such property. Southold Town Meeting Agenda - February 14, 2012 Page 32 Within 10 days of final approval, a copy of the endorsed site plan shall be sent to: (1) The Building Department. (2) The Town Engineer. (3) The Town Trustees, when applicable. (4) The Highway Department. (5) The Zoning Board of Appeals, when applicable. The Planning Board shall have the right to deny the proposed site plan for lack of compliance with the provisions of the Town Code, The Planning Board shall notify the applicant, in writing, within 10 days of such determination, of the reasons for such denial. §280-132. Duration of plan. A. An approved site dcvc!c, pmcrX plan shall be valid for a period oft?;cc 3'cars 18 months from the date of approval. All work proposed on the plan shall be completed within t?;cc 3'cars 18 months from the date of approval unless a longer period was approved or the applicant obtains an extension from the Planning Board. However, all terms and conditions of any approved site plan or approved amendment are immediately enforceable and compliance is required prior to the commencement of the approved use, unless the Planning Board expressly states an alternative period of time for compliance within the site plan approval. B. All site plans which have received final approval prior to the enactment of this article shall remain valid for a period of three years from the date of such enactment. This period will begin when all governmental approvals have been obtained. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. v'VoteRecord ResolutionRES 2012 179 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-180 CA TEGORY: Enact Local Law- Southold Town Meeting Agenda - February 14, 2012 Page 33 DEPARTMENT: Town Clerk Enact LL# 4 Prol)ertyMaintenance WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 17th day of January, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 100, Buildings, Unsafe, in connection with Unsafe Buildings, Premises and Property Maintenance Law of the Town of Southold' and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons will be given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 100, Buildings, Unsafe, in connection with Unsafe Buildings, Premises and Property Maintenance Law of the Town of Southold" reads as follows: LOCAL LAW NO. 4 of 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 100, Buildings, Unsafe, in connection with Unsafe Buildings, Premises and Property Maintenance Law of the Town of Southold'. BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 100 of the Code of the Town of Southold is hereby amended as follows: §100-1. Title. This chapter shall be known as the "Unsafe Buildings, Premises and ..... v .............. Property Maintenance Law of the Town of Southold." §100-2. Purpose. 1.1 The purpose of thischapteris topromote the pu~.ic.*~*[**,1~1+1~ o~[jc'~C~+ .... ~.*.~'1 ~**~* ~'1 .... ** ~*~*~1C~ oft~c ................................... conse~a ono FO e an roe vaues, toe mnate safety and health hazards and to address unsightly conditions, environmental public nuisance(s) and dangerous obstructions to emergency vehicle access, and tko .......... ,:~- ~c ..... ~ .... a §100-3 ~T-~-~. ~...:,.~: ..... n .... : ...... ..:..:~.n Def'mitions. Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below- shall be used with a meaning as defined in Webster's Third New- International Dictionary of the English Language, unabridged (or latest edition). Southold Town Meeting Agenda - February 14, 2012 Page 34 EXTERIOR PROPERTY - The open space on the premises and on adioining property under the control of owners or operators of such premises. GARBAGE - Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food. JUNKED VEHICLE - An,/vehicle, including a trailer, which is without a currentl,/valid license plate or plates and is in such a rusted, wrecked, discarded, dismantled, partl,/dismantled, inoperative or abandoned condition as to be no longer intended or in condition for legal use on the public highwa,/s. LAND - The term "land" and "propert,/" shall have the same meaning as "premises" as defined herein. LITTER - Garbage, refuse and rubbish and all other waste material which, if thrown or deposited upon the ground, tends to create a danger to public health, safet,/and welfare or tends to create blight. OCCUPANT - Any individual or person occup,/ing a premises or building, or having possession of a premises or building. OWNER - An,/person, agent, operator, firm or corporation having a legal or equitable interest in the propert,/; or recorded in the official records of the state, count,/or municipalit,/as holding title or deed to the propert,/; or otherwise havin~ control of the propert,/, including the guardian of the estate of an`/such person, and the executor or administrator of the estate of such person if ordered to take possession of real propert,/b,/a court. PERSON - An individual, association, firm, s,/ndicate, compan,/, trust, corporation, department, bureau or agenc,/or an,/other entit,/recognized b,/law as the subiect of rights and duties. PREMISES - A lot, plot or parcel of land, easement or public wa,/, including an,/structures thereon. RUBBISH - Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as, but not limited to, paper wrappings, cardboard, tin cans, wood, glass, bedding, and crocker,/. §100~ 4. Un:afc b',ffid~n?,: and prcn'.2:c: prc,~2b~tcd. Standards. A. Propert,/Maintenance. 1. Surface and subsurface water shall be adequatel,/drained to protect buildings and structures, to prevent damage to adiacent propert,/and to prevent the development of stagnant ponds. Swimmin~ pools, spas, hot tubs and other similar structures erected for recreational use shall be maintained so as to avoid the stagnation of the water therein. 2. Landscaping shall be adequatel,/maintained so that lawns, hedges, bushes, weeds and trees do not become overgrown and unsip, htl,/so as to constitute an unsafe condition or blight. At no time shall landscaping, hedges, bushes, weeds or trees create an impediment to emergenc,/and/or fire rescue vehicle access. 3. Garbage, crates, rubbish, refuse or debris shall be kept inside building or buildings on the premises, or in an acceptable enclosed container, and shall be regularl,/collected and removed from the premises. 4. Open wells, cesspools or cisterns shall be securel,/closed or barricaded to prevent access b,/the public. 5. Junked or unregistered vehicles ma,/not be located or stored in open view, but Southold Town Meeting Agenda - February 14, 2012 Page 35 shall be stored in a suitable location inside a building or behind a fence outside of public view. 6. Exterior facades shall at all times be kept free of graffiti or other defacement. Unsafe buildings. All buildings or structures which are structurally unsafe, dangerous, unsanitary or not provided with adequate egress or which in relation to existing use constitute a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence or abandonment are, severally, for the purpose of this chapter, unsafe buildings. All such buildings and structures are hereby declared to be illegal and are prohibited and shall be abated by repair and rehabilitation or by demolition and removal in accordance with the procedures of this chapter. Unsafe premises. All premises which are unsafe or dangerous, which suffer from inadequate maintenance or neglect or which do not permit or provide for adequate access by emergency and/or fire rescue vehicles are, for the purpose of this chapter, unsafe premises. All such premises are hereby declared to be illegal, are prohibited and shall be abated by repair and rehabilitation in accordance with the procedures of this chapter. §1004-5. Inspection and report. A. Unsafe building. When, in the opinion of the Building Inspector, any structure located in the Town shall be deemed to be unsafe or dangerous to the public, he shall make a formal inspection thereof and thereafter prepare a written report thereof and file the same in his office. B. Unsafe premises. When, either on the Building Inspector's own volition or after receiving a written recommendation from the Commissioners of any Fire Department or Fire District or from the Village of Greenport Fire Wardens or Village Trustees located in the Town that any premises is unsafe in that it does not permit or provide for adequate access by emergency and/or fire rescue vehicles as required by §280-109(C), in which recommendation the Building Inspector concurs, the Building Inspector shall make a formal inspection thereof and thereafter prepare a written report thereof and file the same in his office. §10046. Service of notice. A. When it shall be determined by the Building Inspector that a building, premises or structure is dangerous or unsafe to the public, or is in violation of any one or more of the provisions under ~ 100-4(A), he shall promptly serve or cause to be served a notice on the owner or other persons having an interest in such premises, building or structure as hereinafter provided. B. The aforementioned notice shall be served on the owner of the building, structure or premises or some one of the owner's executors, legal representatives, agents, lessees or other person having a vested or contingent interest in the same, as shown by the last completed assessment roll of the Town, either personally or by registered mail, addressed to the person intended to be served at the last known place of business. If the notice is served by registered mail, the Building Inspector shall cause a copy of such notice to be posted on the premises. Southold Town Meeting Agenda - February 14, 2012 Page 36 §10047_. Contents of notice. The notice referred to in § 100-5 6 hereof shall contain the following: A. A description of the premises. B. A statement of the particulars in which the premises, building or structure is unsafe or dangerous or is in violation of any one or more of the provisions under ~100-4(A). C. An order requiring the premises, building or structure to be made safe and secure or removed, or if there is a violation of § 100-4A, an order to remedy. D. A statement that the securing or removal of the building or structure or the rehabilitation of the premises shall commence within 10 days from the date of the service of the notice and shall be completed within 30 days thereafter. Ifa violation of any one or more of the provisions under ~ 100-4 A are cited, a statement that remediation of the violation must be completed within 10 days from the date of service of the notice. The Building Inspector may extend the time of compliance specified in the notice, where there is evidence of intent to comply within the time specified and conditions exist which prevent immediate compliance. In granting any such extension of time, the Building Inspector may impose such conditions as he may deem appropriate. A statement that, in the event of the neglect or refusal of the person served with notice to comply with the same, a hearing will be held before the Southold Town Board, notice of which and the time and place thereof to be specified in the notice to the owner referred to in §100-5 6 hereo£ No hearing is required if the only violation alleged is pursuant to §100-4(A). A statement that, in the event that the Town Board, after the hearing specified in § 100-6 7(E) hereof, shall determine that the premises, building or structure is unsafe or dangerous to the public, the Town Board may order the building or structure to be repaired, made safe and/or secured or taken down and removed. In the case of an unsafe premises, the Town Board may order the premises rehabilitated and made safe. A statement that, in the event that the premises, building or structure shall be determined by the Town to be unsafe or dangerous and in the event of the neglect or refusal of the owner to make safe, repair or remove the same within the time provided, the Town may remove such building or structure or make safe the premises by whatever means it deems appropriate and assess all costs and expenses incurred by the Town in connection with the proceedings to remove or secure, including the cost of actually removing said building or structure, against the land on which said buildings or structures are located. §1004- 8. Filing a copy of notice. A copy of the notice referred to in § 100-6 7 hereof may be filed with the County Clerk of the county within which such premises, building or structure is located, which notice shall be filed by such Clerk in the same manner as a notice of pendency pursuant to Article 65 of the Civil Practice Law and Rules and shall have the same effect as a notice of pendency as therein provided, except as otherwise hereinafter provided in this section. A notice so filed shall be effective for a period of one year from the date of filing; provided, however, that it may be vacated upon the order of a Judge or Justice of a court of record or upon the consent of the Town Attorney. The clerk of the county where such notice is filed shall mark such notice and any record or docket thereof as canceled of record, upon the presentation and filing of such consent or of a certified copy of such order. Southold Town Meeting Agenda - February 14, 2012 Page 37 §100~ 9. Emergency measures to vacate. If the Building Inspector determines in his inspection of any premises, building or structure that there is actual and immediate danger of fhilure or collapse so as to endanger life, he shall promptly require the premises, building, structure or portion thereof to be vacated forthwith and not to be reoccupied until the specified repairs are completed, inspected and approved by the Building Inspector. For this purpose, he may enter such premises, building or structure, or land on which it stands or adjoining land or structures with such assistance and at such cost as may be necessary. He may also order adjacent structures to be vacated and protect the public by appropriate barricades or such other means as may be necessary and for this purpose may close a private or public right-of-way. The Building Inspector shall cause to be posted at each entrance to such premises, building or structure a notice stating, "This building (or premises, if applicable) is unsafe and its use or occupancy has been prohibited by the Building Inspector." Such notice shall remain posted until the required rehabilitation, repairs are made or demolition is completed. It shall be unlawful for any person, firm or corporation or their agents or other persons to remove such notice without written permission of the Building Inspector or for any person to enter the building except for the purpose of making the required repairs or the demolition thereof. §100-9-10. Costs and expenses. All costs and expenses incurred by the Town of Southold in connection with any proceeding or any work done to remove the danger or in connection with the demolition and removal of any such building or structure, or an,/work done to abate an,/violation of provisions under ~100- 4(A) of this chapter shall be assessed against the land on which such building or structure is located, and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located, then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner shall fail to pay such expenses within 10 days after the statement is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action, the Building Inspector may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred and the owner thereof, with the assessors who shall, in the preparation of the next assessment roll, assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as is provided by law for the collection and enforcement of real property taxes in the Town of Southold. §100 !.a 11. Penalties for offenses. A. An,/person who violates a provision under § 100-4(A) of this chapter shall be guilt,/of a violation punishable b,/a fine not to exceed $2,500. A~B~ Any person who neglects, refuses or fails to comply with any order or notice issued hereunder shall be guilty of a violation punishable by a fine not to exceed $5,000 or by imprisonment for a term not to exceed 15 days, or both such fine and imprisonment. Each week's continued violation shall constitute a separate and additional offense. ~,=C~ In addition to the criminal violation, the Town Attorney is authorized to pursue any and Southold Town Meeting Agenda - February 14, 2012 Page 38 all actions in law or equity, including but not limited to actions for compensatory damages, civil penalties, or injunctive relie£ Strict liability. Personal knowledge of the existence of a violation under this chapter is not required, no mens rea (intent) is required, and any violation charged herein shall be one of strict liability. §lee ll 12. Severability. Thc inva ' cf an) ........ , ............. r .................... r ............................ v If any clause, sentence, paragaph, section, or pa~ of this Local Law shall be adjudged by any cou~ of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any pa~ thereof other than the pa~ so decided to be unconstitutional or invalid. §lee 12 1.23. When effective. This chapter shall take effect immediately upon filing with the Secretary of State as provided by law. v'VoteRecord ResolutionRES 2012 180 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&awn CN'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-181 CATEGORY: DEPARTMENT: Enact Local Law Town Clerk Enact LL# 5 Stormwater Management (M$4) WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 17th day of January, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 236~ Stormwater Management" and WHEREAS the Town Board of the Town of Southold held a second public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 236~ Stormwater Management" reads as follows: Southold Town Meeting Agenda - February 14, 2012 Page 39 LOCAL LAW NO. 5 of 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 236~ Stormwater Management". Entire Local Law available at the Town Clerk's office. Copies to be made available at meeting. · /VoteRecord ResolutionRES 2012 181 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hg~vys Appt [] No Action Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at P.M. Linda J. Cooper Southold Deputy Town Clerk VI. PUBLIC HEARINGS Motion To: Motion to recess to Public Hearing RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed in order to hold a public hearing. LL/Site Plan Amendments Set PH 2/14/12 ~ 7:32 PM LL/Property Maint. Law Set PH 2/14/12 ~ 7:34 PM