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HomeMy WebLinkAboutTB-11/18/2003SOUTHOLD TOWN BOARD GENERAL MEETING November 18, 2003 4:30 P.M. A Regular Meeting of the Southold Town Board was held Tuesday, November 18, 2003 at the Southold Town Hall, Southold, New York. Supervisor Horton opened the meeting at 4:30 P.M. with the Pledge of Allegiance to the Flag. Present: Supervisor Joshua Y. Horton Justice Louisa P. Evans Councilman William D. Moore Councilman John M. Romanelli Councilman Thomas H. Wickham Town Clerk Elizabeth A. Neville Absent: Councilman Craig A. Richter Town Attorney Gregory F. Yakaboski SUPERVISOR HORTON: Good afternoon and welcome to the November 18th public meeting of the Southold Town Board. Please rise and join us in the Pledge of Allegiance to the Flag. We have reports, public notices and communications available for the public at the Town Clerk's Office, the office is, my goodness gracious. ! am told that June Glover is the only farmer in Southold Town that has cauliflower right now, is that true? COUNCILMAN WICKHAM: I doubt it. SUPERVISOR HORTON: What about the cauliflower, Mrs. Egan? Okay. JOAN EGAN: I want it up there so that it gets on the camera, on tape. November 18, 2003 Southold Town Board 2 SUPERVISOR HORTON: Mrs. Egan, I would rather not have a head of cauliflower on the dais while I am conducting the meeting. Yes, the Town Clerk's Office is open between 8:00 and 4:00, Monday through Friday. We have two times dedicated to for the public to address the Town Board. The first being prior to the reading of the printed resolutions, you may address the Town Board on those specific resolutions doing so from either of the microphones located at the front of the room here and please state your name and place of residence clearly for the record. As well, after the resolutions the floor is afforded to the public to address the Board on town related business. As well, we have some public hearings scheduled for this evening, at which point there will be ample time for the public to address the Board on those public hearings as well. Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the following Town bills be and hereby are ordered paid: General Fund Whole Town bills in the amount of $241,828.35; General Fund Part Town bills in the amount of $29,470.59; Community Development Fund bills in the amount of $15,000.00; Highway Fund Whole Town bills in the amount of $12,095.10; Highway Fund Part Town bills in the amount of $132,332.62; Capital Projects Account bills in the amount of $2,585.00; Community Preservation Fund (2% tax) bills in the amount of $10,373.98; New London Terminal Project bills in the amount of $218,113.58; Employee Health Benefit Plan bills $54,115.10; Fishers Island Ferry District bills in the amount of $11,924.44; Refuse & Garbage District bills in the amount of $91,356.68; $outhold Wastewater District bills in the amount of $7,074.29; Southold Agency & Trust bills in the amount of $12,115.93 and Fishers Island Ferry District Agency & Trust bills in the amount of $370.10. Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the next Regular Town Board meeting be held Tuesday, December 2, 2003 at 7:30 P.M. at $outhold Town Hall, Southold, New York. Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. I. REPORTS 1. Recreation Department - October 2003 2. Program for the Disabled - October Events 2003 3. Town Clerk Monthly Report - October 2003 4. Southold Town Justice Court, Bruer - October 2003 5. $outhold Town Justice Court, Evans - October 2003 6. $outhold Town Justice Court, Price - October 2003 7. Juvenile Aid Bureau - October 2003 8. Board of Town Trustees - October 2003 II. PUBLIC NOTICES None November 18, 2003 3 Southold Town Board III. COMMUNICATIONS None SUPERVISOR HORTON: Moving on to our resolutions, would anybody from the public care to address the Town Board on the printed resolutions? Mrs. Egan. MRS. EGAN: Mr. Carlin, do you want to go first today? My name is Joan Egan, I am from East Marion. Mr. Horton, Mr. Moore, Mr. Romanelli, Mrs. Evans, Mr. Wickham and Mrs. Neville. I hope that everybody is well. And that nobody has the flu. Alrighty, #744. SUPERVISOR HORTON: And your question about #744? MRS. EGAN: Yes, this testing. Board first? Who will be doing that? And who will it be done on? The Town SUPERVISOR HORTON: No. The testing is just for drivers with commercial drivers licenses. People who operate Town vehicles. MRS. EGAN: Like the Police? Police Department also? SUPERVISOR HORTON: More like Highway and Senior Services. MRS. EGAN: ! thought that we were going to move it on to the Police Station also? SUPERVISOR HORTON: The Police are certainly held to the same standards. MRS. EGAN: Pardon? SUPERVISOR HORTON: The Police are held to the same standards. MRS. EGAN: They are going to be doing that up there sporadically? SUPERVISOR HORTON: ! don't know if it is in this particular resolution but we certainly have the ability, yes. MRS. EGAN: When will you know? SUPERVISOR HORTON: ! am not quite understanding you, Mrs. Egan. MRS. EGAN: Pardon? SUPERVISOR HORTON: ! am not understanding you. MRS. EGAN: When will you know when the Police are going to do the sporadic testing for blood, you know, alcohol and... November 18, 2003 4 Southold Town Board SUPERVISOR HORTON: I will have to look into that. MRS. EGAN: When? SUPERVISOR HORTON: Well, I can't do it right now, so... MRS. EGAN: Soon? SUPERVISOR HORTON: Yes. MRS. EGAN: Your famous last words. Soon. Oh, now #748, you know what I am going to address in that right away, don't you? COUNCILMAN ROMANELLI: For the Mature Program. MRS. EGAN: The mature, very good, Mr. Romanelli. I don't want to see that word, aging, because we are all aging from the time we are consumed in the womb. Now, the programs, now, I think it would be myself, a very good idea, I think it is very dangerous for them to be doing learning the computer and the food through the microwave, which is all causing problems. But I think it would be marvelous suggestion that you can give to Karen McLaughlin is that most of those people were brought up very well in a different age and as such, they maybe could help the school children to learn how to write letters, especially thank-you letters because I have found it very, very rude to be sending gifts, cards, especially cards regarding a death when you send a mass card and not receive a reply. And I think to a greater extent, they don't know how to do it. Now, I was taught that properly by my mother and in school. So maybe Mrs. McLaughlin could help those children in schools by having the people in the mature program help them out. SUPERVISOR HORTON: Mrs. Egan. MRS. EGAN: I am not finished. Item #749, we have no map here, correct? SUPERVISOR HORTON: That is right. MRS. EGAN: And we should. Oh, now #750, what is that all about? We are hiring another consultant? SUPERVISOR HORTON: That is to review specific applications that are before the Trustees. MRS. EGAN: So we have another consultant coming along that we are going to hire? SUPERVISOR HORTON: That is correct. MRS. EGAN: And has that person been chosen? SUPERVISOR HORTON: It is not a full-time position. It is actually retaining the services of a consultant to handle a specific project. November 18, 2003 Southold Town Board MRS. EGAN: From Southold Town, I hope? You don't know. SUPERVISOR HORTON: Actually, I do know. I would say no. MRS. EGAN: It is not from Southold. SUPERVISOR HORTON: No. MRS. EGAN: That is great. See, you are really doing quite a job for Southold. Now, #752, now what vacancies need to be filled and how soon? ! see we have a number of people missing. Mr. Yakaboski, Mr. Richter and we don't even have the Town Attorney Miss Finnegan here. SUPERVISOR HORTON: We make annual appointments to a number of our volunteer Committees and Boards and so when those terms come up for expiration, we go out to resume to the general public. MRS. EGAN: So in other words, you are not really asking for resumes now because you don't know what needs to be filled? SUPERVISOR HORTON: No, we do. There are several of them, ! don't have them on hand but there are several. MRS. EGAN: You don't know them either? SUPERVISOR HORTON: Tree Committee and a number of them have openings. They will be specifically advertised in the newspaper. MRS. EGAN: And those are volunteer, they are not paid positions? SUPERVISOR HORTON: Some of them are volunteer and then other Boards, the Planning Board and Zoning Board of Appeals are paid Boards. MRS. EGAN: Yeah. It was a very shame that you lost Amy Martin. That was a disgrace you lost her. Oh. #753. This guy is making a fortune on we. Right? Another person from out of town. Another lawyer, $250, $300, $350 an hour. And #754, this is again an out of town people doing things, correct? SUPERVISOR HORTON: That is correct. MRS. EGAN: Oh, #757. SUPERVISOR HORTON: Yes. MRS. EGAN: And what does that mean? Domestic partnerships? November 18, 2003 6 Southold Town Board SUPERVISOR HORTON: We have worked with the Anti-Bias Task Force on a piece of legislation that, and this is setting a public hearing for that legislation and there will be ample time for you to address it at the public hearing. MRS. EGAN: Well, why is it here then? SUPERVISOR HORTON: This is setting the public hearing. MRS. EGAN: Pardon? SUPERVISOR HORTON: This resolution, when passed, will set the public hearing on that piece of legislation. MRS. EGAN: Well, what does domestic relationships mean? SUPERVISOR HORTON: ! have it right here. ! will read the legislative intent to you. "The Town of Southold has an interest in strengthening and supporting all caring, committed and responsible family forms and this has led to the definition and recognition of domestic partnership as a relationship and family unit." MRS. EGAN: Well, let's hope something gets done there. SUPERVISOR HORTON: Yes. MRS. EGAN: Oh, #758 and of course, we don't have a map to designate where this is, do we? Do you know where it is? SUPERVISOR HORTON: This, again, is not holding the public hearing tonight, it would be setting the public hearing .... MRS. EGAN: You didn't answer the question. Do you know where this piece of property is? SUPERVISOR HORTON: Not off the top of my head, no, Mrs. Egan, ! do not. MRS. EGAN: Does anyone up there know it? Maybe Mr. Romanelli does or Mr. Wickham. Does anyone know it? COUNCILMAN WICKHAM: Yes. MRS. EGAN: Good. COUNCILMAN WICKHAM: New Suffolk. On New Suffolk Road, across from Schoolhouse Creek. MRS. EGAN: Good. ! think that is it for a little while. Wait, wait. No, ! will have other to say later. SUPERVISOR HORTON: Thank you, Mrs. Egan. November 18, 2003 Southold Town Board 7 MRS. EGAN: You are more than welcome. SUPERVISOR HORTON: Would anyone else care to address the Board on the printed resolutions? Okay, we will move on with the resolutions and try to complete them actually, by 5:00 when we move into our public hearings. #744 Moved by Councilman Moore, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2003 budget as follows: To: A. 1310.4.500.300 From: A. 1310.4.600.200 Accounting & Finance Department, C.E. Substance Testing Consultant $1,000 Accounting & Finance Department, C.E. Meetings & Seminars $1,000 Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #745 Moved by Councilman Romanelli, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2003 Community Preservation Fund as follows: To: H3.8660.2.500.200 Appraisals $5,000. From: H3.8660.2.600.100 Land Acquisitions $5,000 Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. RESCINDED-December 16, 2003 by #812 #746 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby adopts the 2004 Community Development Block Grant Budget and authorizes Supervisor Horton to sign the Individual Proiect Applications. 2004 Community Development Block Grant Program Proposed Budget Administration Housing Rehabilitation Oysterponds Park $23,900 $36,800 $36,800 November 18, 2003 Southold Town Board FSL/NFELC Child Day Care Project Robert Perry Child Day Care NFHA Dominican Sisters CAST $36,800 $ 7,500 $ 5,000 $ 5,000 $ 5,000 TOTAL $164,300 Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #747 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2003 Data Processing budget as follows: To: A. t 680.4.400.553 Police System Maintenance $22 t 0 From: A. 1680.4.200. tOO Telephone Modem Line $2210 Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #748 Moved by Councilman Moore, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2003 budget as follows: From: Revenues A.2705.50 To Appropriations: A.6772.2. tOO. tOO Gifts and Donations/Day Care Donations $ 433.14 Programs for the Aging $ 433.14 Equipment Adult Day Care Furniture Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #749 Moved by Councilman Romanelli, seconded by Councilman Wickham, it was RESOLVED that pursuant to the provisions of Chapter 25 (Agricultural Lands) and/or Chapter 6 Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesda¥~ December 2~ 2003~ at 8:05 p.m. Southold Town Hall~ 53095 Main Road~ Southold~ November 18, 2003 Southold Town Board 9 New York as the time and place for a public hearing for the purchase of a development rights easement on agricultural lands for a certain parcel of property owned by The Estate of Alice G. Duffy. Said property is identified as SCTM #1000-63-2-6 and 1135 Boisseau Avenue. The property is located on the west side of Boisseau Avenue, in Southold. The development rights easement comprises approximately 7.168 acres of the 8.152 acre farm. The exact area of the development rights easement is subject to the survey. The purchase price is $27,500 (twenty-seven thousand five hundred dollars) per acre. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. 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, Feather Hill Annex, Southold, New York, and may be examined by any interested person during business hours. Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #75O Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2003 budget as follows: To: A. 8090.4.500.300 Trustees Environmental Consultant $1,811 From: A.9030.8.000.000 Social Security, Employee Benefits $1,811 Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #751 Moved by Councilman Wickham, seconded by Justice Evans, WHEREAS, the Town of Southold did establish a Deferred Compensation Plan for employees, and WHEREAS, the Deferred Compensation Committee did accept and review proposals for the administration of the Deferred Compensation Plan for a five-year contract period as stipulated in Section 9003 of Subtitle II, Title 9 NYCRR, and WHEREAS, the Deferred Compensation Committee does recommend the award of such contract to The Hartford and Nationwide Retirement Solutions as Administrative Services Agency and Financial Organization pursuant to section 9003 of Subtitle II, Title 9 NYCRR, and WHEREAS, the Deferred Compensation Committee does recommend that M&T Bank (formerly Allfirst Trust Company) and Nationwide Trust Company act as trustees; NOW, THEREFORE, BE IT RESOLVED, that the Town of Southold adopts the "Model Plan" with an effective date of January 1, 2002 including amendments through January 1, 2003. Also it is further RESOLVED, that the Supervisor of the Town of Southold hereby is directed to execute all necessary documents to contract with The Hartford and Nationwide Retirement Solutions for administrative and November 18, 2003 Southold Town Board 10 financial services and M&T Bank and Nationwide Trust Company for the Trustee Services for the Town of Southold Deferred Compensation Plan for the period January 1, 2004 or as soon thereafter as possible through December 31, 2008. IN WITNESS WHEREOF, the undersigned have executed this Resolution in Suffolk County, New York this 18th day of November 2003 and directed that it be filed as appropriate. Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #752 Moved by Councilman Moore, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for resumes to fill the vacancies on Town Committees and Boards. Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #753 Moved by Councilman Romanelli, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the Zoning Board Of Appeals to retain Frank Isler~ Esq. as special counsel in the matter of Pisacano v. Zoning Board for Appeals. Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #754 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the payment of an invoice of Nelsom Pope & Voorhis in the amount of $560.72 to be charged to A8090.4.500.300~ for consulting services provided to address the impact of sanitary discharges on wetlands systems. Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #755 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes charge order #4 for the Brushes Creek Construction Proiect to allow for the installation of rip rap and filter fabric at each corner of the Bridge for the purpose of road shoulder slope stabilization. This change will constitute an increase to the Town in the amount of two thousand two hundred eighty-seven dollars and 12 cents ($2287.12) and has been approved by the office of H2M, the Town's Consulting Engineer for this project. November 18, 2003 Southold Town Board 11 Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #756 Moved by Councilman Moore, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Mattituck Booster Club to hold a parade on Wednesda¥~ November 12~ 2003 at 6:00 pm using the following town roads: Pike Street~ Westphalia Road~ Sound Avenue~ and Love Lane~ provided they file with the Southold Town Clerk a One Million Dollar Certificate of Liability Insurance naming the Town of Southold as the additional insured. Lt. Flatley to be contacted at least ten (10) days prior to the event to coordinate traffic along route. Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #757 Moved by Councilman Romanelli, seconded by Justice Evans, WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 18th day of November 2003 a Local Law entitled "A Local Law creating a new Chapter 39 'Domestic Partnerships' of the Code of the Town of Southold" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 16th day of December 2003 at 5:00 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed local law entitled, "A Local Law creating a new Chapter 39 'Domestic Partnerships' of the Code of the Town of Southold" reads as follows: LOCAL LAW NO. 2003 A LOCAL LAW creating a new Chapter 39 "Domestic Partnerships" of the Code of the Town of Southold. BE IT ENACTED by the Town Board of the Town of Southold as follows: SECTION 1. Legislative Intent The Town of Southold has an interest in strengthening and supporting all caring, committed and responsible family forms and this has led to the definition and recognition of "domestic partnership" as a relationship and family unit. This article establishes a mechanism for the public expression and documentation of the commitment reflected by the "domestic partnership" whose members cannot or choose not to marry. It is appropriate and fair that certain of the societal privileges and benefits now accorded to those who are members of a marriage be extended to those who meet the qualifications of a domestic partnership. The mechanism established by this chapter will facilitate the definition of those entitled to such privileges. SECTION 2. This local law creates a new Chapter 39 entitled "Domestic Partnerships" by inserting the following underlined words. CHAPTER 39 DOMESTIC PARTNERSHIPS § 39-1. Title. November 18, 2003 Southold Town Board 12 This chapter shall be known and may be cited as the "Town of Southold Domestic Partnership Law." § 39-2. Purpose and obiectives. A. The Town's interest in strengthening and supporting all caring, committed and responsible family forms has led to the definition and recognition of "domestic partnership" (explained below) as a relationship and family unit. B. This article establishes a mechanism for the public expression and documentation of the commitment reflected by the "domestic partnership" whose members cannot or choose not to marry. C. It is appropriate and fair that certain of the societal privileges and benefits defined in this new legal relationship be available to Southold Town residents. § 39-3. Requirements. A domestic partnership shall exist between two persons if the following is true: A. The persons are not related by blood closer than would bar marriage in the State of New York. B. Neither person is married. C. Both persons are 18 years of age or older. D. Both persons are competent to enter into a contract. E. The persons declare that they are each other's sole domestic partner. F. The persons currently share a primary residence within the Town of Southold and declare that they intend to do so for the indefinite future. G. The persons declare that they are in a relationship of mutual support, caring and commitment and are responsible for each other's welfare. For these purposes, "mutual support" means that they contribute mutually to each other's maintenance and support. H. Both persons agree to file a termination of partnership if there is a change in the status of their domestic partnership. I. The persons shall file a statement of domestic partnership as set forth in this chapter and pay the required fee. § 39-4. Statement of domestic partnership. A. Contents. (1) Domestic partners may make an official record of their domestic partnership by completing, signing and submitting to the Town Clerk a statement of domestic partnership. (2) The statement shall be signed under penalty of perjury and shall include the date on which the persons became each other's domestic partners and the address of both partners. This address shall be the primary residence that the persons share within the Town of Southold. The domestic partnership statement shall further state that the domestic partners comply with the requirements of {}39-3 of this chapter. B. Amendment of domestic partnership statement. Partners may amend the statement at any time in order to change an address by filing an amended statement. C. Termination of domestic partnership. Either member of a domestic partnership may terminate the domestic partnership by filing a termination statement with the Town Clerk. The person filing the termination statement must declare, under penalty of perjury: (1) The domestic partnership is terminated; and (2) A copy of the termination statement has been mailed to the other domestic partner. D. New statements of domestic partnership. No person who has filed a statement of domestic partnership may file another statement of domestic partnership until six months after the termination statement of a previous partnership has been filed with the Town Clerk. § 39-5. Filin~ of statements~ fees. November 18, 2003 Southold Town Board 13 Anyone who has signed a statement of domestic partnership may file it with the Town Clerk. The statement of domestic partnership, termination statement or amendment of domestic partnership statement shall not be deemed effective until filed with the Town Clerk according to the provisions of this article. A. Form of statements. All statements relating to domestic partnerships shall be notarized and executed as declaration made under penalty of perjury. The Town Clerk shall provide forms as necessary to interested individuals. B. Fees for statements. The Town Clerk shall charge a fee for the filing of a domestic partnership statement and a fee-for the filing of termination statement. The payment of the above fee entitles the person filing a statement on behalf of the domestic partnership to two copies of the statement certified by the Town Clerk. Certification of additional copies at that time or at any other time shall be available for a cost per copy. Fees shall be determined by the Town Board by resolution. SECTION 3. Severability. If any section or subdivision, paragraph, clause, phrase of this law shall be adjudged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional. SECTION 4. Effective Date. This local law shall take effect upon filing with the Secretary of State pursuant to the Municipal Home Rule Law. Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #758 Moved by Justice Evans, seconded by Councilman Wickham, WHEREAS the Southold Town Board intends to correct an error on the present zoning map, as the incorrect zoning designation was attached to parcel SCTM# 1000-117-4-33 when the current zoning map was adopted in 1989 pursuant to the master plan; and WHEREAS, the Town Board of the Town of Southold moves to amend the Zoning Map of the Town of Southold by changing the Zoning District designation of SCTM# 1000-117-4-33 from Low-Density Residential (R-40) to Hamlet Business (HB); and WHEREAS, the Local Law is entitled, "A LOCAL LAW TO AMEND THE ZONING MAP OF THE TOWN OF SOUTHOLD BY CHANGING THE ZONING DISTRICT DESIGNATION OF SCTM# 1000-117-4-33 FROM LOW-DENSITY RESIDENTIAL (R-40) to HAMLET BUSINESS (HB)"; now therefore be it RESOLVED that pursuant to Section 265 of the Town Law and requirements of the Code of the Town of Southold, Suffolk County, New York, the Town Board of the Town of Southold will hold a public hearin~ on the aforesaid local law at the Southold Town Hall~ 53095 Main Road~ Southold~ New York at 5:05 p.m. Tuesda¥~ December 16~ 2003. The purpose of this Local Law is to ratify the change of Zoning District Designation of SCTM# 1000-117-4-33 from Low-Density Residential (R- 40) to Hamlet Business (HB). The petitioner for this request is the Town Board of the Town of Southold. The property is located at 6580 New Suffolk Road, New Suffolk, New York. Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. November 18, 2003 Southold Town Board 14 #759 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2003 Highway Part Town budget as follows: TO: DB. 5110.4.400.600 Contracted Expense $10,000 Contracted Services Other Contracted Services FROM: DB.5110.4.100.900 Contractual Expense $10,000 Supplies & Materials Resurfacing Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #760 Moved by Councilman Moore, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Southold Village Merchants to use the Main Road beginning at Tuckers Lane and heading east to Boisseau Avenue~ Southold~ New York for their "Holiday Parade" on Saturday, November 29~ 2003~ beginning at 2:00 p.m. and ending by 3:00 p.m., provided they file with the $outhold Town Clerk a One Million Dollar Certificate of Liability Insurance naming the Town of $outhold as the additional insured. Lt. Flatley to be contacted at least ten (10) days prior to the event to coordinate traffic along route. Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #761 Moved by Councilman Romanelli, seconded by Councilman Wickham, WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 18th day of November 2003 a Local Law entitled "A Local Law in relation to Amendments to Chapter 97 'Wetlands and Shoreline' of the Code of the Town of Southold" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the $outhold Town Hall, 53095 Main Road, Southold, New York, on the 2nd day of December 2003 at 8:10 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed local law entitled, "A Local Law in relation to Amendments to Chapter 97 'Wetlands and Shoreline' of the Code of the Town of Southold" reads as follows: LOCAL LA WNO. 2003 November 18, 2003 Southold Town Board 15 A Local Law entitled "A Local Law in relation to Amendments to Chapter 97 'Wetlands and Shoreline' of the Code of the Town of Southold" BE IT ENACTED by the Town Board of the Town of Southold, as follows: I. Purpose- The Town of $outhold possesses a rich heritage of scenic, historic and natural resources which are vital to the town's sense of place and to its economic success as a community. The upland acreage of Southold Town, including Fishers Island, is approximately 34,369 thousand acres with approximately 163 linear miles of shoreline. This acreage is bounded to the north by the nationally recognized estuary of Long Island Sound and to the south by the nationally recognized Peconic Bay Estuary. Trustee jurisdiction under the Andros Patent encompasses more than 2,000 acres of underwater lands, not including Sound and bayfront owned by the State of New York. The local economy is based on two traditional industries and a third, newer, but strong industry: farming, recreational and commercial fishing and tourism/second homes. The economy is based squarely on a unique, extraordinarily beautiful and productive environment that is both fragile and sensitive. Protection of that environment therefore is of utmost importance to the Towns financial health and long-term future. The comprehensive planning objectives of the Town of Southold are: 1) the preservation of Natural Resources; 2) preservation of Open Space and Recreational Space; 3) preservation of the Rural, Cultural, Commercial and Historical Character of the Hamlets and Surrounding Areas; and 4) the preservation of farmland and agriculture. In August 2002 the Town of Southold adopted a moratorium on the review and granting of major and minor subdivisions and approvals for multidwelling development. The purpose section of that moratorium stated in part that "The Town Board finds that increased growth and development within the Town of Southold are placing severe pressure on water supply, agricultural lands, open and recreational space, the rural character of the community and natural resources located within the Town." One of the primary tools implemented by the Town to protect its natural resources is Chapter 97 (entitled "Wetlands") of the Southold Town Code. The existing laws and procedures set forth in Chapter 97 should have the practical effect of ensuring that new development and redevelopment are in accordance with the Town's comprehensive planning objectives. Unfortunately the practical reality is that the laws set forth in Chapter 97 did not have the effect of protecting wetlands and wetland boundaries. Two critical studies and analysis which include the Town's wetlands, wetland boundaries and natural resources are 1) the Town's Local Waterfront Revitalization Program (LWRP) and 2) the Peconic Estuary Comprehensive Management Plan. After years of study, fact gathering and writing, the LWRP for the Town of Southold and the Comprehensive Peconic Estuary Management Plan have been adopted. The LWRP is a comprehensive plan for the entire Town. As waterfront land has, in certain instances, been inappropriately developed, Town waters and habitats have been negatively impacted. One example of this is the closure of shell fishing areas such as Mattituck Creek and James Creek due to an increase of coliform bacteria from septic systems and stormwater runoff, to name just two sources. The Board of Trustees and the Town have used the moratorium time during the year 2003 to evaluate the current status of the wetlands areas and regulations in order to minimize damage from erosion, turbidity or siltation, saltwater intrusion, loss of fish, shellfish or other beneficial marine organisms, lost of aquatic wildlife and vegetation and the destruction of the natural habitat thereof, to minimize the danger of flood and storm-tide damage and pollution, and to otherwise protect the quality of wetlands, tidal water, marshes, shorelines, beaches, dunes, bluffs and natural drainage systems for November 18, 2003 Southold Town Board 16 their conservation, ecological, hydrological, economic, aesthetic, recreational and other public uses and values, and further to protect the potable fresh water supplies of the Town from the dangers of drought, overdraft, pollution from saltwater intrusion or inappropriate land uses and misuse or mismanagement. The Town and the Board of Trustees have considered and implemented the LWRP and the best land use techniques for protecting its waterfront resources. This moratorium addressed the fact that new growth in the form of new structures on existing waterfront lots and underwater lands poses a similar potential to impair the Town's unique environment, geology and hydrology. Many of the Town's existing waterfront lots, whether they be vacant or developed, residentially or commercially zoned, do not conform to current zoning in that they are smaller than the minimum required acreage. Therefore, the development and redevelopment of these lots is of utmost concern because these activities have the potential to cause further harm to the coastal environment. This moratorium has enabled the Town and the Trustees to focus on crafting and implementing a strategy and a working code to ensure that the comprehensive planning objectives of the Town are met. This is necessary in order to protect the character, natural resources and environment of the Town of Southold and the public health, safety and welfare of Town residents. II. Chapter 45 of the Code of the Town of Southold is hereby amended as follows: Chapter 97, WETLANDS AND SHORELINE GENERAL REFERENCES Boats, docks and wharves -- See Ch. 32. Environmental quality review -- See Ch. 44. Flood drainage prevention -- See Ch. 46. Shellfish -- See Ch. 77. Soil removal -- See Ch. 81. Zoning -- See Ch. 100. Subdivision of land-- See Ch. Al06. ARTICLE I, General Provisions § 97-10. Title. This chapter shall be known and may be cited as the "Wetlands ©rd~nance Law of the Town of Southold." .... 97-11. Definitions. For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words in the present tense include the future; words used in the plural number include the singular number; and words used in the singular number include the plural number. The word "shall" is always mandatory and not directory. ACCESSORY STRUCTURE - A building or structure detached from a principal building located on the same lot as and customarily incidental and subordinate to the principal building. AESTHETICS - The natural intrinsic appearance of a site or object in the context of surrounding land use, views, viewsheds and vistas important to the community. ADMINISTRATIVE PERMIT -- A permit intended to provide an expedited review for projects that are deemed consistent with the boards policy regarding protection of wetland resources. AGRICULTURE -- The production, keeping or maintenance, for sale, lease or personal use, of all plants and animals useful to man, including but not limited to forages and sod crops; grains and seed crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats or any mutation of hybrids thereof, including the breeding November 18, 2003 Southold Town Board 17 and grazing of any or all of such animals; bees and apiary products; fur animals; fruits of all kinds, including grapes, nuts and berries, vegetables; floral, ornamental and greenhouse products; or lands devoted to a soil conservation or forestry_ management program. APPLICANT -- The party applying for permits or other approval pursuant to Chapter 97. APPLICATION -- The completed form or forms and all accompanying documents, exhibits, and fees required of an applicant pursuant to Chapter 97. AQUACULTURE -- The raising or cultivation of nursery spawn shellfish in artificial containment systems in, on or off bottom. AS-BUILT PLANS -- Plans prepared to scale by a licensed surveyor detailing any and all operations conducted according to a valid permit. BAY - Cutchogue Harbor, Gidds Bay, Great Peconic Bay, Hallocks Bay, Hog Neck Bay, Little Peconic Bay, Long Beach Bay, Orient Harbor and Southold Bay. BEACH-- The zone of unconsolidated earth that extends landward from the mean low water line to the seaward toe of a dune or bluff, or whichever is most seaward. Where no dune or bluff exists landward of a beach the landward limit of a beach is 100 feet landward from the place where there is a marked change in material or physiographic form from the line of permanent vegetation, whichever is most seaward. Shorelands subject to seasonal or frequent overwash or inundation are considered to be beaches. BLUFF --Any bank or cliff with a precipitous or steeply sloped face adjoining a beach or a body of water. The waterward limit of a bluff is the landward limit of its waterward natural protective feature. Where no beach is present, the waterward limit of a bluff is mean low water. The landward limit is twenty-five (25) feet landward of the receding edge or, in those cases where there is no discernible line of active erosion, twenty-five (25) feet landward of the point of inflection on the top of the bluff. The "point of inflection" is that point along the top of the bluff where the trend of the land slope changes to begin its descent to the shoreline. BOARD -- Unless otherwise indicated, the Board of Trustees of the Town of Southold. BUFFER AREA- A defined area landward of a jurisdictional (e.g. wetland, coastal erosion hazard, bluff) boundary measured as a linear distance, perpendicular to said boundary. BULKHEAD -- A structure or barrier the intended use for which is to separate and act as a barrier between earthen material and water. CLEARING -- Cutting down, felling, thinning, logging or removing, killing, destroying, poisoning, ringbarking, uprooting or burning vegetation, severing, topping or lopping branches limbs stems or trunks or substantially damaging or injuring in other ways that would cause or contribute to the death or affect the survivability and growth of vegetation. CLERK -- Unless otherwise indicated, the Clerk of the Board of Trustees. COMMERCIAL AGRICULTURE - Agriculture (See above) intended to earn an income. CONSERVATION - Protection in natural or existing condition. CREEKS- Broadwaters Cove, Brushes Creek. Budd's Pond, Cedar Beach Creek, Corey Creek, Dam Pond, Deep Hole Creek. Down's Creek, East Creek, East Harbor, Goose Creek, Goldsmiths Inlet, Gull Pond, Halls Creek, Hashamomuck Creek, Haywaters Cove. James Creek, Jockey Creek, Little Creek, Long Beach Bay, Mattituck Inlet, Mud Creek, Pipes Neck Creek, Richmond Creek. Town Creek, West Creek, West Harbor. West Lake, Wickham Creek and Wunnewata Pond. CRITICAL ENVIRONMENTAL AREAS -Cutchogue Harbor Wetlands, Hallock's Bay, Dam Pond, Downs Creek, Orient Creek, West Creek. Richmond Creek and Beach, Brush's Creek, Cedar Beach Creek, Corey Creek, Deep Hole Creek. Goldsmiths Inlet, Halls Creek, Goose Creek, Little Creek, Mill Creek and Pipes Cove Creek. November 18, 2003 Southold Town Board 18 DECK - A structure and/or platform without a roof that is either freestanding or attached to a building supported by pillars and/or posts constructed of various materials. DECKING - Horizontal structural components of a dock, deck, pier or other shoreline structure intended to be walked upon. DOCK - Any permanent or seasonal structure, except a building, located or proposed to be located on lands abutting or comprised of freshwater or tidal wetlands or connected to a bulkhead or the upland and extending over the water's surface, designed to secure vessels and provide access from the shore to a body of water. For the purpose of this chapter, this term shall also include the associated structures necessary to cross wetlands and adjacent natural areas. The term "dock" includes the terms "wharves," "piers," "fixed docks," "floating docks," "floats" or "catwalks". DUNE -- A ridge or hill of loose, windblown or artificially placed earth, the principal component of which is sand. FUNCTIONAL BULKHEAD -- A bulkhead that is at least 75 % physically intact and serving the purposes it was designed for. FUNCTIONAL JETTY/GROIN -- A jetty or groin that is at least 75 % physically intact and serving the purposes it was designed for. GROIN - A manmade barrier perpendicular to the shoreline used to change the natural littoral drift, prevent erosion, maintain inlet entrances, or protect an area from wave energy. See Jetty HARVESTING- The gathering or collecting of natural resources and organisms. HORTICULTURE - The raising of plants (See Agriculture). IMMEDIATE PROJECT AREA -- The minimum area required to allow access to the site by the machinery conducting the operation. JETTY - A manmade barrier perpendicular to the shoreline used to change the natural littoral drift, prevent erosion, maintain inlet entrances, or protect an area from wave energy. See Groin. IMPERVIOUS SURFACE - Any hard surfaced, manmade area that does not retain or absorb water including but not limited to building roofs, paved parking lots and driveways, sidewalks and other paved areas. LANDWARD -- In the opposite direction from the water or wetland. LOW-PROFILE JETTIES -- The definition of a low profile jetty is site specific, but typically is a structure no higher than 18-24" above existing soil or sediment grade. LOW-SILL BULKHEAD -- A subtidal structure designed to stabilize the toe of a slope or shore and often associated with boat basins or other navigable waterways. MANMADE POND - An constructed inland body of water including, but not limited to lined and un- lined irrigation ponds and ornamental ponds. MAINTENANCE DREDGING- A dredging project will be considered maintenance dredging if there is documentary evidence that it has been previously dredged. MATERIAL -- Soil, sand, stone, gravel, clay, bog, peat, mud or any other material, organic or inorganic. MEAN HIGH WATER (MHW) - The average of all the water heights observed over a 19 year period. MEAN LOW WATER (MLW) - The average of all the low heights observed over a 19 year period. MOORING - Anchoring for greater than 24 hours. NON TURF BUFFER - Any pervious, material allowing for percolation of surface runoff into the soil, Examples include: wood chips, mulch, gravel, and sand. Plantings in this area may include American beach grass, Salt hay grass, or native warm season grasses such as Little bluestem or Switchgrass. November 18, 2003 Southold Town Board 19 Other native species recommended include: Seaside goldenrod, Virginia creeper, Beach plum, Black cherry, Northern bayberry and Pitch Pine. Fertilizers may not be used within the non turf buffer area. OPERATIONS: A. The removal of material from wetlands. B. The deposit of material on wetlands. C. The erection, construction, alteration or enlargement of any building, dock, pier, wharf, bulkhead, jetty, groin or other structure, temporary or permanent, on wetlands. D. Removing or otherwise affecting the growth of plants. ORDINARY AND USUAL MAINTENANCE - Actions which are required to preserve in a condition or state of equivalent quality to that which was approved or required by permit. ORIGINAL STRUCTURE - The earliest known, permitted or otherwise documented structure. PATENT LANDS - All uplands and underwater lands owned in fee title by the Trustees by virtue of the Andros Patent (October 31, 1676). PEAK LUNAR TIDES -- Those excessively high tides or spring tides caused by lunar gravitational phenomena. PERSON -- Any person, firm, partnership, association, corporation, company, organization or other legal entity of any kind, including municipal corporations or governmental agencies or subdivisions thereof. PIER - A fixed structure to secure vessels, unloading or loading persons or property or providing access to the water. See Wharf PIER L1NE -- The average seaward projection of one or more existing permitted docks, piers, wharves or floats. The average seaward projection is calculated by adding the length of all docks within the immediate area and dividing by the number of said docks. PLATFORM -- See Deck POND -- An inland body of water. PROACTIVE RESTORATION -- Restoration not associated with compensatory_ mitigation or the regulatory_ requirements. RESIDENTIAL - Associated with a single or multiple family home apartment or condominium, excluding marinas and public property. RESIDENTIAL HORTICULTURE -- The raising of plants for ornamental purposes on residential lots. RESOURCE BUFFER AREA - A buffer area with specific quantifiable natural resource value. RETAINING WALL -- A bulkhead landward of the wetland boundary. REVETMENT -- A shoreline hardening structure landward of the wetland boundary typically constructed of rock or stone. RIPRAP - A laver, facing or protective mound of rubble or stones randomly placed to prevent erosion, scour, or sloughing of a structure or embankment; also the stone used for this purpose. SETBACK -- The minimum distance by which by any building, structure or operations must be separated from a jurisdictional line. SHEATHING - Vertical structural components of a bulkhead or retaining wall necessary to keep soil and sediment from passing through the structure. SHORELINE STRUCTURE -- Any object constructed of manmade or natural materials on the shoreline SILT BOOM -- A structure deployed within the water column that is designed to prevent passage of suspended sediments and contaminants from spreading from the immediate project area to surrounding waters. Properly installed, silt booms completely surrounds the project area. November 18, 2003 Southold Town Board 20 SOUND - Long Island Sound. Fishers Island Sound and Block Island Sound SPAWNER SACTUARY - An area of bottom designated by the Trustees for the purpose of protecting and enhancing shellfish populations for a specific period of time. SPLIT-RAIL FENCE - A linear fence structure composed of posts and rails. STRUCTURAL COMPONENTS -- Pilings, deadmen, rails, whalers and other significant components used to hold together and anchor docks, piers, wharves, jetties, groins and other structures. STRUCTURE -- Any object constructed, installed or placed in, on or under land or water, including but not limited to a building; permanent shed; deck; in-ground and aboveground pool; garage; mobile home; road; public service distribution, transmission or collection system; tank; dock; pier; wharf; groin; jetty; seawall; bulkhead; breakwater; revetment: artificial beach nourishment; or any addition to or alteration of the same. SUBTIDAL -- Existing at or below mean low water. TIDAL WATERS -- All waters bordering on or within the boundaries of the Town of Southold subject to fluctuation in depth from peak lunar, storm or normal tidal action, and including but not limited to all brackish and salt waters of streams, ponds, creeks, estuaries, sounds, bays and inlets. TOWN -- The Town of Southold. TROPICAL HARDWOOD - Any of a number of species of hardwood harvested from regions at or south of the equator. TRUSTEES -- The Board of Trustees of the Town of $outhold. VEGETATED WETLANDS - Any and all wetland types supporting or capable of supporting emergent, submerged or floating-leaved vegetation as described in Chapter § 97-11. "Wetlands." WETLAND BOUNDARY OR BOUNDARIES OF WETLAND - Wetland ecosystems generally posses three essential characteristics: (1) hydrophytic vegetation, (2) hydric soils, and (3) wetland hydrology. The wetland indicator status of all plants can be found in The National List of Plants that Occur in Wetlands (USFWS). The wetland boundary is most easily determined by defining the outer limit of the vegetation specified in the definition of freshwater, brackish or tidal wetlands. The wetland boundary is to be defined and flagged at the point where existing wetland indicator species no longer have a competitive advantage over upland species. Wetland and upland plants will mix together at this transition zone. For freshwater wetlands that frequently lack standing water (shrub swamps, deciduous swamps, coniferous swamps and wet meadows) vegetation alone may not be adequately diagnostic for identification of a wetland boundary. In these wetland types, field verification of wetland hydrology and/or hydric soils might be required to define the boundary. The methodology used to determine this boundary shall be the same methodology utilized in the New York State Department of Environmental Conservation (NYSDEC) Technical Methods Statement relating to the Freshwater Wetlands Act. Specific Wetland Habitat Descriptions and Delineation Guidelines for the Town of Southold shall be adopted by resolution of the Town Board. WETLANDS (FRESHWATER) -- (1) "Freshwater wetlands" as defined in Article 24, Title 1, § 24-0107, Subdivisions l(a) to l(d) inclusive, of the Environmental Conservation Law of the State of New York; or (2) All lands and waters in the town which contain any or all of the following: (a) Lands and submerged lands commonly called "marshes," "swamps," "sloughs," "bogs" and "flats" supporting aquatic or semi-aquatic vegetation of the following types: [ 1 ] Wetland trees which depend upon seasonal or permanent flooding or sufficiently water-logged soils to give them a competitive advantage over other trees, including, among others, red maple (Acer rubrum), willows (Salix spp.), black spruce (Picea mariana); swamp white oak (Quercus bicolor), red November 18, 2003 Southold Town Board 21 ash (Fraxinum pennsylvanica), black ash (Fraxinus nigra), silver maple (Acer saccharinum), American elm (Ulmus americana) and larch (Larix laricina); [2] Wetland shrubs which depend upon seasonal or permanent flooding or sufficiently water- logged soils to give them a competitive advantage over other shrubs, including, among others, alder (Alnus spp.), buttonbush (Cephalanthus occidentalis), dogwoods (Comus spp.) and leatherleaf ( Chamaedaphne calyculata); [3] Emergent vegetation, including, among others, cattails (Typha spp.), pickerelweed (Pontederia cordata), bulrushes (Scirpns spp.), arrow arum (Peltandra virginica), arrowheads (Sagittaria spp.), common reed (Phragmites anstralis), wildrice (Zizania aqnatica), bur-reeds (Sparganinm spp.), purple loosestrife (Lythrnm salicaria), swamp loosestrife (Decodon verticillatns) and water plantain (Alisma p lantago-aqnati ca) ; [4] Rooted, floating-leaved vegetation, including, among others, water-lily (Nymphaea odorata), water shield (Brasenia schreberi) and spatterdock (Nnphar spp.); [5] Free-floating vegetation, including, among others, duckweed (Lemna spp.), big duckweed (Spirodela polyrhiza) and watermeal (Wolffia spp.); [6] Wet meadow vegetation which depends upon seasonal or permanent flooding or sufficiently water-logged soils to give it a competitive advantage over other open land vegetation, including, among others, sedges (Carex sip]9.), rushes (Juncus s]919.), cattails ( Ty]gha s]919.), rice cut-grass (Leersia oryzoides), reed canary grass (Phalaris arundinacea), swamp loosestrife (Decodon verticillatus) and spikerush (Eleocharis [7] Bog mat vegetation, including, among others, sphagnum mosses (S]ghagnum s]919.), bog rosemary (Andromeda glauco]ghylla), leatherleaf ( Chamaeda]ghne calyculata), pitcher plant (Sarracenis ]gur]gurea) and cranberries (l?accinium macrocar]9on and F. oxycoccos); or [8] Submergent vegetation, including, among others, pondweeds (Potamogeton s]919.), naiads (Najas s]919.) bladderworts ( Utricularia s]919.), wild celery (Fallisneria americana), coontail (Cerato]ghyllum demersum), water milfoils (Myrio]ghyllum s]919.) muskgrass (Chara s]919.), stonewort (Nitella s]919.), water weeds (Elodea s]919.) and water smartweed (Polygonum am]ghibium). (b) Lands and submerged lands containing remnants of any vegetation that is not aquatic or semiaquatic that has died because of wet conditions over a sufficiently long period, provided that such wet conditions do not exceed a maximum seasonal water depth of six feet and provided further that such conditions can be expected to persist indefinitely, barring human intervention. (c) Lands and waters substantially enclosed by aquatic or semiaquatic vegetation as set forth in Subsection B(2)(a) or be dead vegetation as set forth in Subsection B(2)(b), the regulation of which is necessary to protect and preserve the aquatic and semiaquatic vegetation. (d) The waters overlying the areas set forth in Subsection B(2)(a) and (b) and the lands underlying Subsection B(2)(c). (e) All land immediately adjacent to a freshwater wetland, as defined in either Subsection 13(1) or Subsection t3(2), and lying within 100 feet landward of the most landward wetland boundary of such freshwater wetland. Specific freshwater wetland habitat descriptions for the Town of Southold will be adopted by resolution of the Town Board. WETLANDS (TIDAL)- (1) All lands generally covered or intermittently covered with, or which border on, tidal waters, or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five feet, including but not limited to banks, bogs, salt marsh, swamps, meadows, fiats or other low lying lands subject to tidal action; November 18, 2003 Southold Town Board 22 (2) All banks, bogs, meadows, flats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following: smooth cordgrass (Spartina alterniflora), salt hay grass (Spartina patens), black grass (duncus gerardii), saltworts (Salicornia spp.), sea lavender (Limoneum spp.), marsh elder (Iva frutescens), cattails ( Typha spp.), groundsel (Baccharis halimfolia), marshmallow (Hibiscus spp.) and/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within 100 feet landward of the most landward wetland boundary of such tidal wetland. Specific tidal wetland Habitat descriptions for the Town of Southold will be adopted by resolution of the Town Board. WIDTH OF CREEK -- The distance across a creek from mean low water to mean low water, perpendicular to the main channel directly in front of the subject parcel. WHALER - Structural member of a bulkhead used to hold the sheathing behind the pilings. Normally there are a top and bottom whaler. WHARF -- See Pier. § 97-12. Declaration of Policy, Jurisdiction and Setbacks. A. The Town Board of the Town of Southold finds that rapid growth, the spread of development and increasing demands upon natural resources are encroaching upon or eliminating many of its wetlands and patent lands, which, if preserved and maintained in an undisturbed and natural condition, constitute important physical, social, aesthetic, recreational and economic assets to existing and future residents of the Town of Southold. B. Purpose: It is the intention of this chapter to ensure for the citizens of the Town of Southold the protection, preservation, proper maintenance and use of its wetlands.,,, :~ ,~,~'~,~,~, ~,~ ,,,,,,,,,,,,~,~~:~:~: ~ ,~,~,,,,~,~ '~ ..... c, .... ~, .... ,~, :,,-.o: .... ~ ~: ........ : .......... * Therefore, the Town Board declares that the regulation of the wetlands of the Town of Southold is essential to the health, safety and welhre of the people of the Town of Southold. The wetlands shall be regulated in order to maintain and contribute to the following resource area values and the attributes and ~nctions they possess: protection of public and private water supply; groundwater; flood control; erosion and sedimentation control; storm damage prevention; water pollution control; fisheries; shellfish, including spawner sanctuaries; wildlife habitat; agriculture; aesthetics; and recreation. In addition, the following resource area values also shall be maintained and protected: prevention of flood damage by limiting of development in flood hazard areas; prevention of damage to structures and natural resources as a result of erosion; improvement of water quality; protection and enhancement of existing vegetation cover in order to maintain water quality and wildlife habitat; protection of wildlife, waterfowl, and plant habitat and the maintenance of existing populations and species diversity; prevention of loss or degradation of critical wildlife and plant habitat; prevention of new stormwater runoff discharge and the improvement of existing stormwater runoff discharges; protection of coastal ecosystems which suppo~ the continued viability of harvestable shellfish and finfish habitat; public access to water and land; improvement of groundwater recharge; and the minimization of the impact of new development, reconstruction and/or expansion on the resource area values listed above. November 18, 2003 Southold Town Board 23 C. Jurisdiction: Southold. (t) Any freshwater wetland, tidal wetland, beach, dune, fiat, meadow, bog, or vernal pool; (2) Any creek, estuary_, stream, pond, or lake; (3) Land under waterbodies; (.4) Land subject to tidal action; (`5) Land within 100 feet of the areas listed above. D. Setbacks: The following minimum setbacks from jurisdictional lines apply to any and all operations proposed within the jurisdiction of the Board of Trustees: (1) Wetland Boundary (a) (b) (C) (d) (e) `f) (2) Bluff Line The following areas are subject to protection under Chapter 97 of the Code of marsh, swamp, wet Residence one hundred (100) feet; Accessory_ Structure fifty (50) feet; Driveway fifty (50) feet; Cesspool one hundred (tOO) feet; Swimming Pool fifty (50) feet; Landscaping or gardening, fifty (50) feet; (a) Residence one hundred (100) feet; (b) Accessory_ Structure one hundred (100) feet; (c) Driveway one hundred (tOO) feet; (d) Cesspool one hundred (tOO) feet; (e) Swimming Pool one hundred (tOO) feet; (f) Landscaping or gardening, one hundred (tOO) feet; The Board of Trustees reserves the right to waive or alter these setbacks at their discretion. § 97-,!4 13. Exceptions. A. The provisions of this chapter shall not affect or prohibit nor require a permit for the following: (t) The ordinary and usual operations incidental to the harvesting offish and shellfish. £2) The ordinary and usual operations relative to conservation of soil, vegetation, fish shellfish and wildlife landward of the wetland boundary. (3) The ordinary and usual operations relative to pre-existing commercial agriculture and horticulture landward of the wetland boundary. (4) The ordinary and usual operations relative to residential horticulture fifty (50) feet landward of the wetland boundary. (5) The ordinary and usual maintenance or repair (of the same dimensions) of a presently permitted, existing building, dock, pier, wharf, jetty, groin, dike, dam or other water control device or structure. (6) The construction of a permitted bulkhead, which is to replace an existing functional bulkhead, subject to the following: (a) that the new bulkhead is constructed substantially similar to the design and measurement of the existing bulkhead, and (b) the new bulkhead is in the same location as the existing bulkhead. Any such activities shall require the addition of a non-turf buffer area as defined in (§ 97-t t). The Trustees shall be given written notice of the project 30 days prior to commencement of the work. During the 30-day period the Trustees will inspect the site to determine if the proposed November 18, 2003 Southold Town Board 24 operations qualify for this exception. If the Trustees find that this work does not qualify for this exception, written notice will be sent to the applicant stating the necessary changes. (7) The ordinary and usual maintenance or repair of a man-made pond .............. by .................................... j ................. e ne n. 97- .. (8) Proactive restoration or enhancement projects conducted pursuant to written agreement with the Trustees including, but not limited to, salt marsh restoration, eelgrass plantings or other vegetative enhancement work. B. No ngcontane n ssec ons a j .................. alter the jurisdiction of the Southold Town Board of Trustees. ARTICLE II, Permits § 97-20. Permit procedures. A. Permit required. Notwithstanding any prior course of conduct or permission granted, no person shall conduct operations on any wetlands in the Town of Southold unless he shall first obtain a written permit therefor issued by the Trustees as hereinafter provided and only while such permit remains in effect. B. Administrative Permit. The Administrative Permit review process is intended to provide for expedited review for projects that are deemed consistent with the Board's policy regarding protection of wetland resources. If the proposed operations meet with all the current setback requirements as defined by ~ 97-11 and do not pose a threat to the overall function and condition of wetlands or adjacent buffer areas applicants may request an Administrative Permit review. This review does not relieve the applicant of providing all the application requirements (§ 97-21) or obtaining permits from other jurisdictions including, but not limited to New York State Department of Environmental Conservation and United States Army Corp of Engineers. Under the Administrative review process, each application will be reviewed by at least one member of the Board. See 97-23H for details of approval. The following operations will be considered for Administrative review: (1) Construction, installation or removal of a split-rail fence, open arbor, trellis or other similar structure, provided that such operation will not have an undue adverse impact on the wetlands and tidal waters of the town. (.2) Environmental testing activities, including test borings, small volume soil sampling, environmental assessment and inventory_ activities provided such operations do not have an undue adverse impact on the wetlands and tidal waters of the town. (`3) Removal of any material or structure provided that a project limiting fence and a silt fence with hay bales is installed to contain disturbance if deemed necessary and provided that such operations will not have an undue adverse impact on the wetlands and tidal waters of the town. (4) Construction of additions to the landward side of an existing functional single-family dwelling, where such dwelling generally lies parallel to the wetland boundary and provided that all new and existing runoff is captured on site. Such addition must be less than or equal to 25% of area (foot print) of the existing structure. November 18, 2003 Southold Town Board 25 (5) Remodeling, renovation or reconstruction of a structure provided that such activity will not have an undue adverse impact on the wetlands and tidal waters of the town. (6) Construction of accessory_ structures for existing single-family dwellings provided that such activity will not have an undue adverse impact on the wetlands and tidal waters of the town and the setback is no less than fifty (50) feet. (7) Construction or improvement of pervious residential driveways or walkways provided that such activity will not have an undue adverse impact on the wetlands and tidal waters of the town. (8) The demolition, removal, relocation, repair and/or upgrading of existing fuel tanks, fuel lines, fuel dispensers, cesspools, septic systems, or sanitary wastewater activities, including necessary site work and provided that such activity will not have an undue adverse impact on the wetlands and tidal waters of the town. (9) Construction or installation of drainage structures for the retention of runoff provided that such structures incorporate the maximum feasible setback from wetlands and provided that such activity will not have an undue adverse impact on the wetlands and tidal waters of the town. (10) Cutting of common reed (Phragmites australis) to within twelve (12) inches of the soil surface landward of the wetland boundary. This does not include mowing to ground level. § 97-21. Application. A. Contents of Application. A permit may be issued upon the written, verified application of the person proposing to perform operations on wetlands. Six (6) copies of the complete application, including all written descriptions, pictures and surveys, shall be submitted to the Clerk. Such application shall contain the following information: (1) The name and address of the applicant and the source of the applicant's right to perform such operations (e.g., whether applicant is the owner, lessee, licensee, contractor, etc.). In all cases where the applicant is not the owner of the premises where such operations are proposed to be conducted,_the notarized consent of the owner, duly acknowledged, must be attached to said application. (2)A schedule for the proposed activities with a completion date. (3)The purpose of the proposed operations. (4) The amount of material proposed to be removed or deposited, and/or the type, size and location of any proposed structure. (5)A description of the area from which the removal or in which the deposit of material (6) (7) (8) is proposed, or in which structures are to be erected. po~p~ of.-~The description shall be appropriately referenced to a permanent reference point or monument. The depth to which the removal or the deposit of material is proposed throughout the area of operations, and the proposed angle of repose of all slopes. The manner in which the material will be removed or deposited, or structures erected. Such application shall be accompanied by a survey and topographical map, created no more than one (1) year prior to the date of application, with contours at two-foot intervals, showing the area from which the removal or in which the deposit of materials is proposed, or in which structures are to be erected, certified by a November 18, 2003 Southold Town Board 26 registered land surveyor or registered professional engineer, licensed by the State of New York. Such survey and topographical map shall show the soundings of the area in which operations are proposed to be conducted. The horizontal control of said survey shall be based on an approved local coordinate system. The vertical control for elevations shall be based on the United States Coast and Geodetic Survey datum. (9) A statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations. (10) A statement describing any known prior operations conducted on the premises in question and whether any prior licenses to permits have been issued to erect structures or to dredge or deposit fill on said premises and whether any such permits or licenses were ever revoked or suspended by a governmental agency. (11) Documentary proof*~*~ll,,~ al! ,,~*~,,~ necessary .... ;*~ ~"'~ ........ ~ ~ .... r,~. ~. of permits that have been applied for, are pending, and have been granted including but not limited to NYSDEC, Suffolk County Health Department, USACOE. (12) A description of how the proposed activities will be mitigated including erosion control, re-planting and restoration, designated points of access. All proposed operations will be clearly defined on a survey and described in a project narrative. The Trustees reserve the right to require specific re-planting and restoration methods. Re-planting and restoration guidelines shall be set by resolution of the Town Board. (13) Current photos of the subject area showing the proposed area of operations from at least two opposite directions. Each photo should be labeled with the date, time and direction. The location of the photos shall be noted in the survey, project plan or provided on a separate sketch map. (14) Drainage upgrade. At the discretion of the Board non-administrative applications may require submittal of a drainage upgrade plan. This plan must indicate how all existing and proposed onsite drainage from a two (2) inch rainfall is retained within the subject parcel landward of the wetland boundary. Retention can include but is not limited to infiltration or impoundment. All drainage plans shall show the calculations used to develop the plan. At the discretion of the Board said plans may require certification from a licensed engineer. (15) All permit applicants shall submit to the Board of Trustees an affidavit signed by the owner of the project property which indemnifies and saves harmless the Town of Southold from any claims arising out of or connected with operations under the permit and from all acts, omissions, commissions or negligence on the part of the applicant, his agents or employees, in such form as shall be approved by the Town Attorney. 97 22 B. Waiver of certain requirements. The Trustees, upon request of the applicant for a permit, may waive, in whole or in part, the provisions of Article II, 97-21_D, G and J 8, 11 or 14, where it finds that the nature of the proposed operations is such that the requirements of such provisions are not necessary for a proper consideration of a permit application. The resolution providing for the waiver shall clearly indicate why the waiver was granted. § 97-22. Fees. November 18, 2003 Southold Town Board 27 A. Every application for a permit filed with the Clerk shall be accompanied by a filing fee of anell~ll,~l~"-'~'~,~,~ fi~y ~ ~· ~c~*,,j~ .... v,,, hundred fifty_ dollars ($250.). . which includes the first site visit, no portion of which shall be refundable. B. In addition to the filing fee, the Trustees, upon the adoption of a resolution authorizing the issuance of a permit, shall determine the amount of the inspection fees to be paid by the applicant to the Clerk upon the issuance of a permit. Inspection fee costs will be based on a $50 per site visit. C. All costs incurred by the Town for SEQRA review shall be paid by the applicant. D. Consultant Fee: The Board, at its discretion, is authorized to require the posting of a Consultant Fee by an applicant. This fee shall be used to hire an independent, expert consultant to investigate the site for the proposed project and to examine the plans or other information submitted by the applicant to assist the Board in evaluating potential adverse impacts upon a resource area by the proposed project. The Board in its discretion will determine whether the complexity of the activity, the difficulty in determining the threat to the resource areas or the size of the request or project involves and requires more information and analysis than can reasonably be supplied to the Board without independent technical professional assistance. (1) The Board may require the payment of the Consultant Fee at any time in the deliberations prior to a final decision. (2) The Consultant Fee may be required for expert opinion regarding, but not limited to, wetland resource area surveys and delineations, analysis of resource area values, wetland resource area reports, hydrological and drainage analysis, wildlife habitat analysis, shellfish surveys, and environmental land use law, or any of the following: a. placement, removal or grading of at least fifty (50) cubic yards of material; b. five hundred (500) square feet or greater alteration of a resource area; c. shoreline or bank alteration to a coastal or inland waterway; d. five hundred (500) square feet or greater alteration to land in a naturally vegetated condition that constitutes a resource buffer area; e. discharge of any pollutants into or contributing to surface or groundwater of the resource area; f. construction of any stormwater control facility, or water control structure; or g. construction of any shoreline structure. § 97-23. Processing of application. A. Pre-Submission Conference. Applicants are encouraged to schedule a voluntary Pre- submission site visit to discuss the proposed operations with the Board. Discussions in the field are purely advisory and non-binding but this meeting is intended to facilitate communication between the applicant and the Board. There will be no fee for this conference. B. Investigation and coordination. Upon receipt of the application, the Clerk shall forward one (1) copy thereof to the Conservation Advisory Council, one (1) copy to the Planning Department, one (1) copy to the Zoning Board, and one (1) copy to be filed with the office of the Trustees. The Conservation Advisory Council shall review said application and the effect, if any, on the wetlands and tidal waters of the town that may result from the proposed operations and shall, within twenty (20) days of receipt of the same, forward its written report of findings and recommendations with respect to such application to the Trustees. If the Conservation Advisory Council shall recommend that such application be disapproved, the reasons for such disapproval shall be set forth in such report. If no November 18, 2003 Southold Town Board 28 response is received within 20 days the application is not subject to further Conservation Advisory Council review. C. All paperwork relative to an application shall be submitted at least seven (7) days before the scheduled hearing. No additional paperwork shall be accepted after this time unless specifically requested by the Board. Hearing. ,~ v ........ w "2 .................... v ............................... .~ ........ , .... 58. The Trustees shall hold a public hearing on such application. Notice shall be provided pursuant to Chapter 58 of the Town Code. E. Action. After the public hearing on such applications, the Trustees shall either adopt a resolution directing the issuance of a permit or adopt a resolution denying the application ~. A resolution directing the issuance of a permit may be adopted only if the Trustees find that the proposed operations will conform to the standards set forth in ~ ~'~ '~ ~_~, ,,, 97-27 hereof. If the Trustees adopt a resolution denying an application for a permit, the reasons for such denial shall be set forth in the resolution. F. Modifications and Amendments. Any and all modifications and amendments of existing permits shall be subject to the discretion of the Trustees and may be subject to public hearing. G. Tabled applications. If an applicant tables an application for any reason it will be considered withdrawn if it does not go to public hearing within four (4) months of the time it was tabled. After such time the applicant will have to reapply for a permit. H. Administrative Permits. An Administrative Permit is deemed to have no adverse impact on the wetlands and tidal waters of the town, and a public hearing and notice are not required prior to issuance of a permit. The final decision will be made upon resolution. [_CQ < .... 97-24. Issuance of permit: conditions; inspection fees; performance guarantee. The Trustees may, upon the adoption of a resolution directing the issuance of a permit: A. Impose such conditions on the manner and extent of the proposed operations as it deems appropriate. B. Fix the time by which operations must be commenced and within which they must be completed. C. Require the payment of inspection fe ~> .... :~ ~ ........ · ~c: ..... ~:~ c~: ..... es *-,~u ........ v,,2 ............. v .............. any .... D. Under ce~ain circumstances the Board may require the submittal of"as-built" plans, upon completion of operations, stamped by a licensed su~evor and/or engineer. E. Performance Guarantee. The Trustees may require a performance guarantee to ensure the proposed operations are conducted in compliance with a permit. If the work is not conducted as described in the permit or such work is causing harm to the protected resource, notice will be given in writing. The Board may require, as a permit condition, that a performance and observance of other conditions be secured by one or both of the following methods: (1) Bond; (2) deposit of money; (3) negotiable securities; or (4) other unde~aking of financial responsibility. November 18, 2003 Southold Town Board 29 97 25 F. Liability insurance. The applicant for a permit shall, before the issuance of said permit by the Clerk, file with the Clerk a certificate that the_app!;~cap~ qualified marine contractor performing the work under the permit has liability insurance policies insuring against any liability which may arise in the performance of the operations pursuant to such permit, which said policies shall name the town as a roamed an additional insured. § 97-25. Contents of permit. Each permit issued hereunder by the Clerk pursuant to a resolution of the Trustees shall be valid for a period of two (2) years from the date of issuance. Said permit may be renewed for two consecutive one year periods at the discretion and review of the Board. Each permit shall state the following.' A. The name of the permittee. B. The date of issuance and expiration of the permit. C. A schedule of when operations will be conducted. D. The conditions imposed by the Trustees on the issuance of the permit. E. The specific location of the areas to be affected by the operations of the permittee. F. A statement that: "The validity of this permit is or may be subject to the approval of other governmental or municipal authorities. The town accepts no responsibility in applying for or obtaining such approval. In the event that such approval is necessary, the holder of this permit shall not commence operations hereunder until such approval has been obtained in writing. The failure to obtain such other approval when required shall subject this permit to immediate revocation by the Clerk upon receipt by the Clerk of written notice from such other governmental or municipal authorities of its refusal or disapproval." Acceptance of the permit is acceptance of this condition. G. A statement that: "The applicant does, by the acceptance of this permit, assume all responsibility for operations undertaken pursuant to this permit, and shall take all precautions for the prevention of injuries to persons and property resulting from such operations. By such acceptance, the applicant also agrees to indemnify and save harmless the town and its officers, agents and employees from any and all claims arising from operations under this permit and any and all acts or omissions of the applicant, his agents and employees." Acceptance of the permit is acceptance of this condition. H. A statement that: "The applicant and the owner and occupants of the premises upon which the operations authorized by this permit are being conducted do, by the acceptance of this permit, give consent to the town and its officers, employees and agents to enter upon the premises where such operations are being conducted to make such inspections to determine whether said operations are being conducted in conformity with the permit and. if necessary, to conduct said operations according to the Performance Guarantee (97-24E) ." I. A statement that the applicant is required to notify the Trustees in writing upon completion of operations such that the site can be inspected for issuance of a certificate of compliance. § 97-27 Construction and Operation Standards The following standards are required for all operations within the jurisdiction of the Trustees: (1) Drainage upgrade. Applicants for a permit for any form of construction shall be required to upgrade the sites drainage system such that all surface water generated from impervious surfaces shall be kept onsite through infiltration or retention. Applicants proposing grading or filling operations will be required to submit a drainage plan for the entire site at the discretion of the Trustees. See § 97-21(14) for requirements. (2) Silt fence, hay bales and Silt Booms. A row of silt fence and staked hay bales shall be use during construction and must be in place during any building, grading, landscaping or site work activity within Trustee jurisdiction. The placement of the hay bale line shall be determined by the Trustees or their designee. All intertidal construction and November 18, 2003 Southold Town Board 30 excavation requires the installation of a silt boom that will retain all suspended sediments within the immediate project area. (3) New and remodeled homes. New and remodeled homes cannot be situated or modified (4) such that they project closer to the wetland boundary than homes on either side of the subject lot. Fences. Only split rail fences are allowed on beaches. Fences on beaches shall not be closer than ten (10) feet to MHW. Only one posted sign per one hundred (100) linear feet of fence is allowed. Posted signs shall be no larger than twelve (12) inches by twelve (12) inches square. (5) Swimming pools. Applications for new pools must include a description of how all pool drainage will be retained onsite using dedicated d _rywells or similar structures. All future pool drainage shall be discharged to this dedicated system. (6) Decks and platforms. No decks or platforms shall be permitted on or near bluffs. Platforms associated with stairs may not be larger than sixteen (16) square feet. (7) Critical environmental areas. At the discretion of the Board of Trustees, any operations (8) proposed in critical environmental areas (§ 97-11) may be subject to more stringent requirements than detailed in this section. Such requirements may include, but are not limited to, denial of certain operations, shortening or reducing the size of structures, and increasing the width of non disturbance buffers. Bulkheads, Retaining Walls and Revetments. a. On the bays and in the creeks only in-kind in place replacement of existing functional bulkheads (.as defined in § 97-11) is permitted. In-kind replacement relates to the position and dimensions and does not necessarily require or allow for the use of the same materials. At their discretion, the Board may allow for a one time projection of the replacement structure seaward of the original, only if such placement will not project the proposed structure seaward of adjacent, neighboring structures and if the proposed installation is in close proximity to the original structure. Any subsequent repair or replacement following the first replacement requires the structure to be built on or landward of the original structure. b. Bulkheads on the Sound shall only be permitted when the likelihood of extreme erosion is demonstrated and it shall not increase erosion on (1) neighboring properties. Bulkheads on the Sound must be armored with stone. All bulkhead construction and renovation work requires the establishment of a permanent non-turf buffer as defined by § 97-11. Retaining walls are not permitted unless excessive erosion can be demonstrated. Prohibited Activities In order to prevent the release of metals and other contaminants into the wetlands and waters of Southold, the use of lumber treated with chromated copper arsenate (also known as "CCA"), creosote, penta products or homemade wood preservatives is prohibited for use in sheathing and decking. Preservatives of any type including but not limited to those listed above cannot be applied to any bulkheads, retaining walls or revetments after installation. November 18, 2003 Southold Town Board 31 (2) The use of tropical hardwoods is not permitted. (3) New bulkheads in creeks and bays is prohibited, unless the operation involves construction of a low-sill bulkhead. (4)Machine excavation is prohibited in marsh areas. (10). Jetties and Groins. a. Only low-profile jetties as defined in § 97-11 will be permitted b. Only in-kind in place replacement of existing low-profile functional jetties and groins (as defined in § 97-11) is permitted. c. Pre-backfilling of jetties and groins may be required. d. Prohibited Activities (1) In order to prevent the release of metals and other contaminants into the wetlands and waters of Southold, the use of lumber treated with chromated copper arsenate (also known as "CCA"), creosote, penta products or homemade wood preservatives is prohibited for use in sheathing and decking. Preservatives of any type including but not limited to those listed above cannot be applied to any jetty or groin after installation. (2) The use of tropical hardwoods is not permitted. (3) No new jetties or groins will be permitted unless the work results in a net decrease in the total number of jetties in the subject area. (11) Dredging. a. Maintenance dredging (as defined in § 97-11) only is permitted, unless applicant owns underwater land or applicant is requesting permission to dredge in connection with installation of low sill bulkheads. b. Prohibited Activities - Dredging in, or in close proximity to salt marsh vegetation (Distichlis spicata, Spartina altern~flora or Spartina patens) or seagrass (Ruppia maritia or Zostera marina) meadows is prohibited § 97-28. Standards for issuance of permit. The Trustees may adopt a resolution directing the issuance of a permit to perform operations applied for only if it determines that such operations will not substantially: A. Adversely affect the wetlands of the town. B. Cause damage from erosion, turbidity or siltation. C. Cause saltwater intrusion into the fresh water resources of the town. D. Adversely affect fish, shellfish or other beneficial marine organisms, aquatic wildlife and vegetation or the natural habitat thereof. E. Increase the danger of flood and storm-tide damage. F. Adversely affect navigation on tidal waters or the tidal flow of the tidal waters of the town. G. Change the course of any channel or the natural movement or flow of any waters. H. Weaken or undermine the lateral support of other lands in the vicinity. I. Otherwise adversely affect the health, safety and general welfare of the people of the town. J. Adversely affect the aesthetic value of the wetland and adjacent areas. § 97-29 Certificate of compliance. A certificate of compliance shall be issued by the Trustees prior to use or occupancy of a structure, which has been erected, enlarged, or altered pursuant to the issuance of a permit in this Chapter. ~97 29 97-30. Transferability. November 18, 2003 Southold Town Board 32 A permit issued pursuant hereto shall not be transferred or assigned without the prior approval and review of the Trustees. The fee for transferring said permit shall be fifty ($50.00) dollars. ARTICLE III. Administration and Enforcement .... 97-31. Coordination and Enforcement ~,~ ~c .... ,~ ...... :o: .... c,~:o The~*~ Director of Code Enforcement and/or the Bay Constable are responsible for coordination and enforcement of the provisions of this chapter. The Director of Code Enforcement and Bay Constables have the authority to issue violations of this Chapter. .... 97-32. Notice of violation. A. Whenever the Director of Code Enforcement or Bay Constable have reasonable grounds to believe that operations regulated hereby are being conducted in violation of the provisions of this chapter or not in compliance with a permit issued pursuant to this chapter, he may notify the owner of the property, or the owner's agent or the person performing such operations, to suspend all operations; and any such person shall forthwith cease operations until such notice of violation has been rescinded. B. Such notice shall be in writing, shall specify the violation and shall state the conditions which must be complied with and the time within which compliance must be completed before operations may be resumed. Such notice shall also inform the person to whom it is directed of his right to apply for a hearing before the Trustees, as hereinafter provided. C. Such notice shall be served upon the person to whom it is directed by delivering it to him personally or by posting the same in a conspicuous place on the premise where operations are being conducted and mailing a copy thereof to such person by certified mail to his last known address. D. The Director of Code Enforcement or Bay Constable may extend the time of compliance specified in the notice of violation where there is evidence of intent to comply within the time specified and conditions exist which prevent immediate compliance. E. In the event that the person upon whom a notice of violation has been served shall fail to comply with said notice within the time specified therein or within the time specified in any extension of time issued by the Director of Code Enforcement or Bay Constable, any permit issued to such person pursuant to this chapter shall be deemed revoked. F. It shall be unlawful for any person served with a notice of violation pursuant to § 97-31C to fail to comply with such notice. .... 97-33. Hearing on violation. A. Any person affected by a notice of violation issued pursuant to the preceding section hereof may request and shall be granted a hearing before the Trustees, provided that such person shall file a written request therefor with the Clerk within ten (10) days after service of the notice of violation. Such request shall have annexed thereto a copy of the notice of violation upon which a hearing is requested and shall set forth the reasons why such notice of violation should be modified or rescinded. B. The Clerk shall present such request to the Trustees at its next regular meeting. The Trustees shall set a time and place for such hearing and shall give the person requesting the same ' at least five (5) days' notice of the time and place thereof. C. At such hearing, the person requesting the same, or his representative, shall be given an opportunity to show cause why such notice of violation should be modified or rescinded. After such hearing, the Trustees may sustain, modify or rescind such notice of violation, or revoke any permit previously issued, and shall specify the reasons therefore. D. The notice of violation for which a hearing is requested shall continue in effect pending the hearing and determination of the Trustees. November 18, 2003 Southold Town Board 33 .... 97-34. Compliance requirements and penalties for offenses. A. It shall be unlawful for any carter, owner, occupant, builder, architect, contractor or their agents or any other person to fail to comply with any provisions of this chapter or to fail in any manner to comply with a written notice, directive or order of the Director of Code Enforcement or Bay Constable or to conduct any operation in a manner not in compliance with a permit issued pursuant to this chapter. B. For each offense against any of the provisions of this chapter or any regulations made pursuant thereto, or failure to comply with a written notice or order of any Director of Code Enforcement or Bay Constable within the time fixed for compliance therewith, the owner, occupant, builder, architect, contractor or their agents or any other person who commits, takes part or assists in the commission of any such offense or who shall fail to comply with a written order or notice of of any,_,,~D ~.. ,~.o+~.~,~,~llo~,~vl,~ ......................... v .............. any rectoro o e Enforcement or Bay Constable shall be subject to the following fine schedule. Each day on which such violation occurs shall constitute a separate, additional offense. (1) Failure to obtain a permit. Any person conducting operations within the jurisdiction of the Trustees without first obtaining a permit according to the procedures outlined in this chapter shall be subject to fine of not less than $1,000 and not more than $4,000 or a term of imprisonment of not less than fifteen (15) days nor more than six (6) months, or both; (2) Failure to comply with the terms of a permit. ~y person fliling to comply with the terms of a permit shall be subject to fine of not less than $500 and not more than $1,000. For each subsequent offense, the violator shall be guilty of a misdemeanor punishable by a fine not less than $1,000 nor more than $2,000 or a term of imprisonment of not less than fifteen (15) days nor more than six (6) months, or both; (3) Failure to heed a cease and desist order. Any person conducting operations in direct contradiction to the terms of a cease and desist order shall be subject to fine of not less than $1000 and not more than $2,000. For each subsequent offense, the violator shall be guilty of a misdemeanor punishable by a fine not less than $1,000 nor more than $2,000 or a term of imprisonment of not less than fifteen (15) days nor more than six (6) months, or both; (4) Restoration. In lieu or in addition to these punishments, any offender may be punished by being ordered to restore the affected wetland to its condition prior to the offense. Any such order shall specify a reasonable time for the completion of such restoration, which shall be effected under the supervision of the approving authority. The Trustees reserve the right to require specific re-planting and restoration methods. Re-planting and restoration guidelines shall be set by resolution of the Town Board. (5) Mitigation. When on-site wetlands restoration and creation may be unfeasible due to technical or other constraints, other mitigative measures such as off-site wetland restoration or creation and/or monetary compensation for wetland losses may be required. Where appropriate, the Trustees may require a fee in lieu of direct action to compensate for wetland damage. Such fees shall be held in trust for the express use of wetland preservation, creation, restoration or enhancement projects. C. No new permits will be issued to any carter, owner, occupant, builder, architect, contractor or their agents if they are named as defendants in an outstanding or unresolved wetland violation. November 18, 2003 Southold Town Board 34 D~.In addition to the above-provided penalties, the Trustees may also, if authorized by the Town Board, maintain an action or proceeding in the name of the town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter. III. Severability. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. Effective date This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #762 Moved by Justice Evans, seconded by Councilman Wickham, WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 18th day of November 2003 a Local Law entitled "A Local Law in relation to Amendments to Chapter 32~ 'Boats~ Docks and Wharves' of the Code of the Town of Southold" now, therefore, be itRESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 2nd day of December 2003 at 8:15 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed local law entitled, "A Local Law in relation to Amendments to Chapter 32~ 'Boats~ Docks and Wharves' of the Code of the Town of Southold" reads as follows: LOCAL LAW NO. 2003 A Local Law entitled "A Local Law in relation to Amendments to Chapter 32, 'Boats, Docks and Wharves' of the Code of the Town of Southold" BE IT ENACTED by the Town Board of the Town of Southold, as follows: Section 1. Chapter 32, BOATS, DOCKS AND WHARVES ARTICLE II, Pu~!~c Docks § 32-19. Legislative Findings and Purpose. A. The Town Board of the Town of Southold finds that rapid growth, the spread of development and increasing demands upon natural resources are encroaching upon or eliminating many of its wetlands and patent lands, which, if preserved and maintained in an undisturbed and natural condition, constitute important physical, social, aesthetic, recreational and economic assets to existing and future residents of the Town of Southold. In addition, there has been a significant increase in the applications for and the numbers of fixed and floating piers and docks accessory to upland residential and other uses. Most of these structures and the uses they support are on and in publicly owned land and waters and always have some effect on physical, biological, ecosystem functions and values, development patterns and the aesthetic character of the area. Therefore it is essential to regulate the type and placement of such structures. B. Purpose: Therefore, the Town Board declares that it is the intention of this chapter to regulate the type and placement of fixed and floating piers and docks for the protection, preservation, proper maintenance and use of its waters and wetlands. Docks shall be regulated in order to maintain and contribute to the following resource area values and the attributes and functions they possess: erosion November 18, 2003 Southold Town Board 35 and sedimentation control; storm damage prevention; water pollution control; fisheries; shellfish, including spawner sanctuaries; wildlife habitat; agriculture; aesthetics; and recreation. In addition, the following resource area values also shall be maintained and protected including: protection and enhancement of existing vegetation cover in order to maintain water quality and wildlife habitat; protection of wildlife, waterfowl, and plant habitat and the maintenance of existing populations and species diversity; prevention of loss or degradation of critical wildlife and plant habitat; public access to water and land; and the minimization of the impact of new development, reconstruction and/or expansion on the resource area values listed above. § 32-20. Definitions. For the purpose of this Article, the terms used herein are defined as follows: BOAT - Every_ vessel propelled in any manner. CATWALK - An elevated walkway, usually built to gain access to a commercial or residential dock, built at a fixed height above grade and which is constructed landward of the high water mark. COMMERCIAL DOCK - Any catwalk, fixed or floating dock or extension of such, designed, used and/or intended for use other than as a residential dock, as defined in this chapter. DECKING - Horizontal structural components of a dock, deck, pier or other shoreline structure intended to be walked upon. DOCK - Any permanent or seasonal structure, except a building, located or proposed to be located on lands abutting or comprised of freshwater or tidal wetlands or connected to a bulkhead or the upland and extending over the water's surface, designed to secure vessels and provide access from the shore to a body of water. For the purpose of this chapter, this term shall also include the associated structures necessary to cross wetlands and adjacent natural areas. The term "dock" includes the terms "wharves," "piers," "fixed docks," "floating docks," "floats" or "catwalks". DOCK LENGTH - The length of a dock. including all fixed docks, ramps, floating docks and mooring piles, as measured from the most landward portion of the structure to the seaward-most portion of the dock or the seaward-most mooring pile, whichever distance is greater. FIXED DOCK - An elevated walkway which is constructed at a fixed height above grade and which extends seaward from the high water mark. FLOATING DOCK - Any structure, raft or floating platform which is designed to float upon the surface of a waterbody and is secured in place by poles, pilings, anchors, or any other type of mooring system that provides access to the water. A floating dock includes the float itself and any pilings or mooring system designed to keep the dock at a fixed point. MAR1NA - Any dock, pier or other facility operated for profit, or to which public patronage is invited, providing moorings, dockage or other marine services primarily for power and sailing yachts, launches or other watercraft, other than floating homes, and which may also be capable of removing any and all watercraft moored or docked within the marina from the water for repair and/or storage. MEAN HIGH WATER (MHW) - The average of all the water heights observed over a 19 year period. MEAN LOW WATER (MLW) - The average of all the low heights observed over a 19 year period. MONOPOLIZE -- The use for an unreasonable period of time to the exclusion of others or to unreasonably restrict or obstruct the use of any public bulkhead, dock or landing owned or controlled by the Town of Southold. PATENT LANDS - All uplands and underwater lands owned in fee title by the Trustees by virtue of the Andros Patent (October 31, 1676). PERSON -- Includes an individual, co-partnership, society, association, joint-stock company, club, corporation and any combination of individuals. November 18, 2003 Southold Town Board 36 PIER - A fixed structure to secure vessels, unloading or loading persons or property or providing access to the water. See Wharf PIER LINE -- The average seaward projection of one or more existing permitted docks, piers, wharves or floats. The average seaward projection is calculated by adding the length of all docks within the immediate area and dividing by the number of said docks. PRE-EXISTING NON-PERMITTED AND/OR NON-CONFORMING STRUCTURES - A structure, use or lot that is not otherwise permitted but which is allowed to continue solely because it was lawfully existing prior to the effective date of the original law or ordinance or prior to any subsequent amendment, as the case may be. Any determination of lawful existence must at least include a review of prior land use laws and ordinances. RESIDENTIAL DOCK - Any catwalk, fixed dock and/or floating dock designed or constructed as a continuous unit to provide access to the surface waters from a lot that is zoned for residential use. The term dock shall include all associated structures such as ramps and mooring piles. TOWN WATERS - Any waters within the geographic boundaries in the Town of $outhold including, but not limited to: Broadwaters Cove, Brushes Creek, Budd's Pond. Cedar Beach Creek, Corey Creek, Dam Pond, Deep Hole Creek, Down's Creek, East Creek, East Harbor, Goose Creek, Goldsmiths Inlet, Gull Pond, Halls Creek. Hashamomuck Creek, Haywaters Cove, James Creek, Jockey Creek, Little Creek, Long Beach Bay, Mattituck Inlet, Mud Creek, Pipes Neck Creek, Richmond Creek, Town Creek, West Creek, West Harbor, West Lake, Wickham Creek and Wunnewata Pond. SHEATHING - Vertical structural components of a bulkhead or retaining wall necessary to keep soil and sediment from passing through the structure. SOUND - Long Island Sound. Fishers Island Sound and Block Island Sound STRUCTURAL COMPONENTS -- Pilings, deadmen, rails, whalers and other significant components used to hold together and anchor docks, piers, wharves, jetties, groins and other structures. VEGETATED WETLANDS - Any and all wetland types supporting or capable of supporting emergent, submerged or floating-leaved vegetation as described in Chapter § 97-11. "Definitions." WHARF -- See Pier. WATER-DEPENDENT USES - An activity which can only be conducted on, in, over or adjacent to a water body because such activity requires direct access to that water body, and which involves, as an integral part of such activity, the use of the water. The uses include, but are not limited to commercial and recreational fishing and boating facilities, finfish and shellfish processing, fish storage and retail and wholesale fish marketing facilities, waterfront dock facilities, shipyards and boat building facilities, navigation aides, basins and channels, industrial uses dependent upon water-borne transportation or requiring large volumes of cooling or processing water and which cannot reasonably be located or operated at an inland site, and uses which primarily provide general public access to marine or tidal waters. § 32-21 .Monopolization of docks, bulkheads and landing places prohibited. It shall be unlawful for any person to monopolize, to the exclusion of others, any public dock, public bulkhead or public landing place within the boundaries of said Town of Southold (excluding therefrom the territory within the limits of the Incorporated Village of Greenport). § 32-22~Standards for Residential and Commercial Docks It shall be the policy of the Town of Southold that all docks shall be designed, constructed and located so as to reduce a dock's potential adverse impacts to navigation, public safety, waterway congestion, access to public trust lands and water, and natural resources and habitats. The following standards will serve as a basis for granting, denying, or limiting permits for the construction of docks. A. General Rules November 18, 2003 Southold Town Board 37 No dock shall be constructed, altered or removed without a permit issued by the Southold Town Trustees. In determining whether to approve such application, the Trustees shall consider the factors contained in paragraph § 32-22 D. below and all other provisions of this law. Permits shall be applied for pursuant to procedures set forth in Chapter 97. All docks shall be constructed of sturdy, durable and stable materials capable of maintaining position and location, supporting pedestrian traffic, and resisting lateral loads resulting from wind, wave, and impact forces. Docks shall be constructed, where possible, to permit the free circulation of water, reduce the effects of fluctuating water levels, and prevent adverse modification of the shoreline. Applicants shall certify as to the structural integrity of the dock so as not to cause a threat to the person or property of others. In order to prevent the release of metals and other contaminants into the wetlands and waters of 10. Southold. the use of lumber treated with chromated copper arsenate (also known as "CCA"), commercial copper quat (ACQ), creosote, penta products or homemade wood preservatives is prohibited for use in sheathing and decking. Materials used for structural components shall be determined at the discretion of the Trustees. All docks shall provide a safe pedestrian surface at all times parallel to the water surface, except for gangways onto such docks from the shoreline or extensions thereof, which gangways shall have a nonskid surface. All docks, including any vessel tied to the dock, shall have a minimum clearance of fifteen (15) feet of the seaward extension of any property line from adjacent parcels so as not to interfere with the neighbor's access to waters, unless the Trustees decide otherwise for navigational or other reasons. Waterside boundaries can be identified using the appropriate method for the shape of the shoreline for Long Island waters specified in 9 NYCRR 274.5. All docks and floats shall have the appropriate permit number permanently affixed to the most seaward face for identification. Said numbers shall be at least three (3) inches high and constructed of metal, wood, plastic or other material such that they can withstand exposure to the elements and are visible from the water. All fixed docks fifty (50) feet or longer in length must be equipped with a US Coast Guard approved regulatory_ navigation light at the seaward end of the dock. Except for structures used for water dependent uses, there shall be no permanent structure located on or above the decks of docks, ramps and floats. Any application for a dock to be constructed at the end of a right of way or commonly-held land requires the written consent of all parties having an interest in the right of way, regardless of how property interests in the upland parcel may be divided among the owner(s), lessee(s), occupant(s), easement holder(s), or any other person(s) or entity(ies) with a legal or beneficial interest in any existing or proposed docking facility. All applicants for docks, including catwalks and ramps, extending across the foreshore shall be required to give and maintain a public passing way, on the upland, not less than five (5) feet in width, to enable persons to pass and repass around said dock or by steps or a ramp allowing pedestrian passage. Pre-existing non-permitted and/or non-conforming structures cannot be replaced in kind without full review and approval by the Trustees. Dock Locations and Lengths No dock shall be erected or extended if, in the opinion of the Trustees, such structure would adversely affect navigation, fisheries, shell fisheries, scenic quality, habitats or wetland areas. Within creeks and other narrow waterways, no dock length shall exceed 1/3 the total width of November 18, 2003 Southold Town Board 38 the water body. Determination of the length of the dock must include the dimensions of the vessel. Prohibited Locations and Activities a. Given the unique and sensitive natural environmental characteristics described in the Town of Southold Local Waterfront Revitalization Plan and the New York State Department of State Significant Habitat descriptions, no new docks will be permitted, over vegetated wetlands or such that it causes fragmentation of vegetated wetlands, in Downs Creek, Hallocks Bay, Hashamomuck Creek and Pond and West Creek b. Machine excavation is prohibited in tidal or freshwater wetland areas. c. Placement of fence, mesh or other material preventing passage under docks is prohibited. d. Floating docks, other floats and dock components and duckblinds shall not be stored on tidal or freshwater wetland or other intertidal areas. Regulations for the Placement and Configuration of Docking Facilities Residential Docks: a. Only one dock or mooring is permitted per residential lot. A residential dock must be configured so that no more than two boat slips or berths are created. b. If any part of a residential dock structure includes a float or floating dock, the float or floating dock portion shall be designed so that, with the exception of the pilings, 1. it is no larger than six (.6) wide and twenty (20) feet long.; 2. it is removed during the winter months and reinstalled in the spring; and 3. no part of the floating dock will contact the bottomland during a normal low tide. c. In determining the permitted length of a proposed residential dock the Trustees shall seek to maintain lengths consistent with the other docks in the waterway which meet the requirements of this law. d. Pilings shall not project more than three (3) feet above the surface of a dock or catwalk. e. All excess fill from installation of pilings must be removed from tidal or freshwater wetland area on the same day as installation and disposed of in an approved upland disposal area. f. Tie off poles associated with residential docks will only be permitted to secure one (1) vessel. If the dock utilizes a float the poles shall not project farther seaward than the outer edge of the float. Ifa ramp and float are not used the pole(s) can be situated seaward of the end of the dock sufficient to secure the vessel. g. Only one hand rail is permitted on a residential dock unless the need for two is demonstrated. Rails shall not be higher than three (3) feet above the surface of the dock and posts shall not be placed closer than 6 feet on center or larger than 4"x4" in dimension. h. Residential catwalks and ramps are limited to four (4) feet in width. i.. Residential boatlifts are prohibited. Marinas and Yacht Clubs: a. If docks for overnight vessel use to be constructed, the marina or yacht club must provide pump-out facilities for vessel sanitary waste. b. Marinas and yacht clubs shall be subject to site plan and special use permit review. Restaurants: a. Boat slips may be distributed between berths and mooring buoys. November 18, 2003 Southold Town Board 39 b. The docking and mooring facilities shall be the minimum necessary to accommodate the permitted number of boat slips. c. Restaurants shall be subject to site plan and special use permit review. D. Review and Approval of Dock Applications 1. Before issuing a permit for a dock structure, the Trustees shall consider whether the dock will have any of the following harmful effects: (i) Whether the dock will impair navigation or be located in areas of high vessel traffic or vessel congestion; Whether the dock will unduly interfere with the public use of waterways for swimming, boating, fishing, shellfishing, waterskiing and other water dependant activities; Whether the dock will unduly interfere with transit by the public along the public (ii) (iii) (iv) (V) (vi) (vii) (viii) (ix) X) (xi) beaches or foreshore; Whether the dock will adjacent to or near the Whether the dock will Whether the dock will and wildlife habitats; significantly impair the use or value of waterfront property dock; cause degradation of surface water quality and natural resources; cause habitat fragmentation and loss of significant coastal fish Whether the dock will result in the destruction of or prevent the growth of vegetated wetlands, seagrasses including eelgrass (Zostera marina) and widgeon grass (Ruppia maritima) or shellfish; Whether the dock will unduly restrict tidal flow or water circulation; Whether the dock will be safe when constructed; Whether the dock will adversely affect views, viewsheds and vistas important to the community; Whether the cumulative impacts of a residential and commercial dock will change the waterway or the environment and whether alternate design, construction, and location of the dock will minimize cumulative impacts; and (xi) Whether adequate facilities are available to boat owners and/or operators for fueling, discharge of waste and rubbish, electrical service and water service 2. Based upon the foregoing, the Trustees may approve, approve with conditions or deny the permit. If approved, it shall specify thereon the number of boats which shall be permitted to dock at or be placed upon the property. 3. In the event of a violation of this chapter or if an owner or person in charge of the property with the Town laws, ordinances, rules, regulations and codes respecting docks, the Trustees may revoke the permit granted hereunder and seek removal of any dock constructed without a permit described herein or built in violation of these standards and/or restrictions established by a permit issued by the Southold Town Trustees. ARTICLE V, Administration and Enforcement § 32-50. Enforcing officer. It shall be the duty of the Code Enforcement Officer or Bay Constable and his deputies and assistants to administer and enforce the provisions of this chapter. § 32-51. Notice of violation. A. Whenever the Code Enforcement Officer or Bay Constable has reasonable grounds to believe that operations regulated hereby are being conducted in violation of the provisions of this chapter or not in compliance with a permit issued pursuant to this chapter, he may notify the owner of the November 18, 2003 Town Board Meeting 40 property or the owner's agent or the person performing such operations to suspend all operations, and any such person shall forthwith cease operations until such notice of violation has been rescinded. B. Such notice shall be in writing, shall specify the violation and shall state the conditions which must be complied with and the time within which compliance must be completed before operations may be resumed. Such notice shall also inform the person to whom it is directed of his right to apply for a hearing before the Board of Trustees of the Town of Southold, as hereinafter provided. C. Such notice shall be served upon the person to whom it is directed by delivering it to him personally or by posting the same in a conspicuous place on the premises where operations are being conducted and mailing a copy thereof to such person by certified mail to his last known address. D. The Code Enforcement Officer or Bay Constable may extend the time of compliance specified in the notice of violation where there is evidence of intent to comply within the time specified and conditions exist which prevent immediate compliance. E. In the event that the person upon whom a notice of violation has been served shall fail to comply with said notice within the time specified therein or within the time specified in any extension of time issued by the Code Enforcement Officer or Bay Constable, any permit issued to such person pursuant to this chapter shall be deemed revoked. F. It shall be unlawful for any person served with a notice of violation pursuant to {} 32-51C to fail to comply with such notice. [Added 3-22-1988 by L.L. No. 3-1988] {} 32-52. Hearing. A. Any person affected by a notice of violation issued pursuant to the preceding section hereof may request and shall be granted a hearing before the Board of Trustees, provided that such person shall file a written request therefor with the Town Clerk within ten (10) days after service of the notice of violation. Such request shall have annexed thereto a copy of the notice of violation upon which a hearing is requested and shall set forth the reasons why such notice of violation should be modified or rescinded. B. The Town Clerk shall present such request to the Board of Trustees at its next regular meeting. The Board of Trustees shall set a time and place for such hearing and shall give the person requesting the same at least five (5) days' notice of the time and place thereof. C. At such hearing, the person requesting the same or his representative shall be given an opportunity to show cause why such notice of violation should be modified or rescinded. After such hearing, the Board of Trustees may sustain, modify or rescind such notice of violation or revoke any permit previously issued and shall specify the reasons therefor. D. The notice of violation for which a hearing is requested shall continue in effect pending the hearing and determination of the Board of Trustees. {} 32-53. Compliance required; penalties for offenses. A. It shall be unlawful for any owner, occupant, builder, architect, contractor or their agents or any person to fail to comply with any provisions of this chapter or to fail in any manner to comply with a written notice, directive or order of the Code Enforcement Officer or Bay Constable or to conduct any operation in a manner not in compliance with a permit issued pursuant to this chapter. [Added 3-22- 1988 by L.L. No. 3-1988] B. For every offense against any of the provisions of this chapter, except Article II, or any regulations made pursuant thereto or failure to comply with a written notice or order of the Code Enforcement Officer or Bay Constable within the time fixed for compliance therewith, the owner, occupant, builder, architect, contractor or their agents or any other person who commits, takes part or assists in the commission of any such offense or who shall fail to comply with a written order or notice of the Code Enforcement Officer or Bay Constable shall, upon conviction thereof, be guilty of a November 18, 2003 Town Board Meeting 41 violation punishable by a fine not exceeding two hundred fifty dollars ($250.) or by imprisonment for a period not to exceed six (6) months, or by both such fine and imprisonment. Each day's continued offense shall constitute a separate, additional violation. C. For every offense against any of the provisions of Article I! of this chapter, the fines and penalties set forth in § 97-34 shall apply. D. In addition to the above-provided penalties, the town may also maintain an action or proceeding in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter. Section 2. Severability. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Section 3. Effective date This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #763 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to transmit the proposed "A Local Law in relation to Amendments to Chapter 32~ 'Boats~ Docks and Wharves' of the Code of the Town of Southold" to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations and reports. Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #764 Moved by Councilman Moore, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to transmit the proposed "A Local Law in relation to Amendments to Chapter 97 'Wetlands and Shoreline' of the Code of the Town of Southold" to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations and reports. Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #765 Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to hire the firm of Nelsom Pope & Voorhis to conduct an evaluation pursuant to the State Environmental Quality Review Act {SEQRA) to address the environmental issues pertinent to the proposed local laws amending Chapter 97 and Chapter 32 November 18, 2003 Town Board Meeting 42 of the Code of the Town of Southold, at a cost of Twelve hundred and fifty ($1,250.00) dollars as per their proposal dated November 13, 2003. Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #766 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to transmit the proposed "A LOCAL LAW TO AMEND THE ZONING MAP OF THE TOWN OF SOUTHOLD BY CHANGING THE ZONING DISTRICT DESIGNATION OF SCTM# 1000-117-4-33 FROM LOW-DENSITY RESIDENTIAL (R-40) to HAMLET BUSINESS (HB)" to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations and reports. Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #767 Moved by Councilman Wickham, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2003 budget as follows: To-' A. 1680.4.400.400 Central Data Processing, C.E. Computer Consultant $30,000 From: A.9901.9.000.000 Transfers to Health Plan $30,000 Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #768 Moved by Councilman Moore, seconded by Justice Evans, WHEREAS, the Town Board of the Town of Southold has met at the time and place specified in the notice of public hearings on the Preliminary Budget for the fiscal year beginning on January 1, 2004, and heard all persons desiring to be heard thereon; now, therefore, be it RESOLVED that the Town Board of the Town Board of the Town of Southold does hereby adopt such Preliminary Budget, as amended, as the Annual Budget of this Town for the fiscal year beginning on the 1st day of January 2004; and be it FURTHER RESOLVED that such budget as adopted by this Board be entered in detail in the minutes of the proceedings of this Town Board; and be it FURTHER RESOLVED that the Town Clerk of the Town of Southold shall prepare and certify copies of said annual budget as adopted by the Town Board of the Town of Southold, together with the estimates, if any, adopted pursuant to Section 202a, Subdivision 5 of the Town Law, and deliver a copy thereof to the County Legislature of the County of Suffolk. November 18, 2003 Town Board Meeting 43 Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #769 Moved by Councilman Romanelli, seconded by Justice Evans, WHEREAS, the Town Board of the Town of Southold has met at the time and place specified in the notice of public hearings on the Preliminary Capital Budget for the fiscal year beginning on January 1, 2004, and heard all persons desiring to be heard thereon, now, therefore, be it RESOLVED that the Town Board of the Town of Southold does hereby adopt such Preliminary Capital Bud~et~ as amended~ as the Annual Capital Budget of this Town for the fiscal year beginning on the 1st January 2004; and be it FURTHER RESOLVED that such capital budget as adopted by this Board be entered in detail in the minutes of the proceedings of this Town Board; and be it FURTHER RESOLVED that the Town Clerk of the Town of Southold shall prepare and certify copies of said annual Capital Budget as adopted by the Town Board of the Town of Southold, together with the estimates, if any, adopted pursuant to Section 202a, Subdivision 5 of the Town Law, and deliver a copy thereof to the County Legislature of the County of Suffolk. Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. SUPERVISOR HORTON: That concludes the resolutions that we can vote on at this point, we have a couple of minutes prior to our public hearings, if anybody would care to address the Board on other town related matters? MRS. EGAN: Well, I have quite a few, so maybe we had better wait. SUPERVISOR HORTON: Well, we can certainly get started, Mrs. Egan. MRS. EGAN: Well, just a few questions. Were you able to pursue, ! gave you copies of the letters to Mr. Yakaboski. Have any of those been addressed? SUPERVISOR HORTON: Actually, Mrs. Egan, Mr. Yakaboski and ! scheduled some time to sit down and discuss those but unfortunately, he has been quite ill in recent days, so we have not been in communication. MRS. EGAN: I am sorry to hear that. Well, maybe somebody else, maybe Mrs. Finnegan could review them, she seems to be very up to date on things. Now, Mrs. Neville this afternoon told me in regard to the legislation that you are helping to put into force, in regard to the runoff soil from homes or new construction, that you have not received the card back from the State. Is that correct, Mrs. Neville? TOWN CLERK NEVILLE: That is correct. MRS. EGAN: Can we find out, do you call them or do you just sit and wait, does anybody know? November 18, 2003 Town Board Meeting 44 SUPERVISOR HORTON: We can place a call to the Department of State tomorrow. MRS. EGAN: Write it down. SUPERVISOR HORTON: Will do. MRS. EGAN: Now, also, I notice, it was in one of the local papers I think, either the editorial or letters to the editor, that prior to the election and maybe this is a normal thing, that morale was down in Town Hall. I, myself, am here quite frequently and I have never seen bad feelings in the Assessors Office, they seem to get along very well, in the Tax Office; I would say probably in where Mrs. Neville is, the Town Clerk's, they all seem with except if somebody has an off day, that everybody seems to get along quite well, so I thought that you would like to know that I think that that was pretty much wrong except maybe right prior to the election when maybe everyone was a little uptight about different things. So that is a credit to you, I believe. Now, have there been any resumes returned, I guess Mrs. Neville would answer that, in regard there was in the last Town Agenda, for resumes for a new Town Attorney. Have you received any resumes? TOWN CLERK NEVILLE: No, I have not. MRS. EGAN: You have not. I see. Well, let's hope you do. Now, oh, yes, I think I had addressed this before and I got shut up. Which I hope I don't get now. You have a lot of literature on good slick paper, not recycled. I would make a strong suggestion through the Police Department, through Mrs. Garsik and Detective Dzenkowski, that you get some literature out to let the Town people know more about the Child Protection Agency. This is a very important factor. We don't pick up the papers, we don't turn on the television anymore without seeing violations to young people. And I don't think people realize how important and that should probably encompass elderly people. People over the age of most of you up there. Now, I have also heard, which is a rumor but a fairly reliable one, that our taxes are going to be increased by two to three percent. I also understand that you on the Town Board can increase it also, that you don't always just have to use the tax rate that is given from up Island and from the State. Is that so? SUPERVISOR HORTON: That is correct. MRS. EGAN: And do you have any intentions of doing that? Is you budget running that much over that you feel that even though the State or up Island says two or three percent, you might have to increase it to four percent. SUPERVISOR HORTON: I believe we are right in the neighborhood of three percent, with the budget that we just adopted. MRS. EGAN: Good. Now, SUPERVISOR HORTON: Actually, it was 2.8% is the tax increase. November 18, 2003 45 Town Board Meeting MRS. EGAN: Well, ballpark, 3%. Because I am money on. sure that you will find something else to spend SUPERVISOR HORTON: Mrs. Egan, if we can move to our public hearings. MRS. EGAN: And then ! will come back. SUPERVISOR HORTON: Absolutely. Moved by Councilman Moore, seconded by Justice Evans, it was RESOLVED that the Town Board meeting be and hereby is recessed in order to hear two (2) public hearings in the matter of {1) HEARING ON "A LOCAL LAW IN RELATION TO EXEMPTION FOR DISABLED PERSONS WITH LIMITED INCOME" AND {2) HEARING ON "A LOCAL LAW IN RELATION TO SENIOR CITIZENS EXEMPTION". Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Meeting reconvened at #77O Moved by Justice Evans, seconded by Councilman Wickham, WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 6th day of November, 2003 a Local Law entitled "A Local Law in relation to Exemption for Disabled Persons With Limited Income" and WHEREAS the Town Board of the Town of Southold held a public hearing at which time all interested persons were heard, now, therefore be it RESOLVED that the Town Board of the Town of Southold hereby enacts the local law entitled~ "A Local Law in relation to Exemption for Disabled Persons With Limited Income" which reads as follows: LOCAL LAW NO. 2003 TOWN OF SOUTHOLD A Local Law entitled "A Local Law in relation to Exemption for Disabled Persons With Limited Income" BE IT ENACTED by the Town Board of the Town of Southold, as follows: I. Purpose -To increase the income limit for disability exemptions considering the current pace of inflation. II. Chapter 85 of the Code of the Town of Southold is hereby amended as follows: § 85-9. Exemption granted. A. Real property owned by a person with disabilities whose income is limited by such disabilities, and used as the legal residence of such person, shall be entitled to a partial exemption from taxation to the extent of 50% of assessed valuation. B. [Amended 4-11-2000 by L.L. No. 8-2000; 2-13-2001 by L.L. No. 4-2001] To be eligible for the exemption authorized by such § 459-c and implemented by this article, the maximum income of such person shall not exceed $2!,500 $32,400. Any such person having a higher income shall be eligible for exemption in accordance with the following schedule: November 18, 2003 Town Board Meeting 46 Percentage Assessed Valuation Exempt Annual Income From Taxation Up to,~.,~ Ann $23,999 50% ~ <~.~ ~ Ann $24 000to $24,999 45% ~ <~.~ ~ Ann $25 000to $25,999 40% ~ <~.~ ~A Ann $26 000to $26,999 35% ~A <~.~ ~< ~nn $27 000to $27,899 30% ~< A~.~ ~ ~nn $27 900 to $28,799 25% ~ ~ *~ ~'~ ~ nn $28 800 to $29,699 20% ~'~ ~ *~ ~ ~nn $29 700 to $30,599 15% ~ ~*~ ~ nnn $30 600to $31,499 10% ~ ~ ~ ~ ~ $31,500 to $32,399 5% TTT. Severability. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or any part there of 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 and shall apply to assessment rolls prepared on the basis of taxable status dates occurring on or after March 1, 2004. COUNCILMAN MOORE: I just want to make one comment. I don't normally ring my own bell but this was one instance, about five years ago, when the State first gave us the authority to do the disabled exemption, that I brought it to the Town Board and with the Assessors help, we brought it on board and quickly adopted it. So, I happened to have done that some five years ago and am happy that you guys are keeping up with the authority to bump the numbers up. So, thank you, Bob. Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #771 Moved by Councilman Romanelli, seconded by Justice Evans, WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 6th day of November, 2003 a Local Law entitled "A Local Law in relation to Senior Citizens Exemption" now, therefore, be it 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 heard, now, therefore be it RESOLVED that the Town Board of the Town of Southold hereby enacts the local law entitled~ "A Local Law in relation to Senior Citizens Exemption" which reads as follows: LOCAL LAW NO. 2003 TOWN OF SOUTHOLD A Local Law entitled "A Local Law in relation to Senior Citizens Exemption" BE IT ENACTED by the Town Board of the Town of Southold, as follows: Purpose -To increase the income limit for senior citizen exemptions considering the current pace of inflation. TT. Chapter 85 (Taxation) of the Code of the Town of Southold is hereby amended as follows: November 18, 2003 Town Board Meeting 47 § 85-1. Partial exemption for senior citizens A. Amount of exemption. (1) Real property owned by one or more persons, each of whom is 65 years of age or over, or real property owned by husband and wife, one of whom is 65 years of age or over, shall be exempt from town taxes to the extent provided, subject to the following income limitations: Income Extent of Exemption to~,,-,,~'~ A~ $23,999 50% ccm ,~ ~,~,~ Ann $24 000 to $24,999 45% ccm ,~ ~,~-~ Ann $25 000 to $25,999 40% ccm ,~ ~'~A Ann $26 000 to $26,999 35% ccm ,~ ~,~ '~ $27 000 to $27,899 30% Acm ,~ ~,~ 'mo $27 900 to $28,799 25% '~cm ,~ ~,~-~ ~ on $28 800 to $29,699 20% ,mc~ ,~ ~,~ c~oo $29 700 to $30,599 15% ~cm,~ ~,~ non $30 600to $31,499 10% cmc~ ~ ~'m ~ $31,500 to $32,399 5% Such exemption shall be computed after all other partial exemptions allowed by law have been subtracted from the total amount assessed lll. Severability. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or any part there of 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 and shall apply to assessment rolls prepared on the basis of taxable status dates occurring on or after March 1, 2004. Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. SUPERVISOR HORTON: That concludes our, actually, I would like to put one more motion up, as it dawns on me. I would like to, in regard to advertising for positions, I would also like to offer a motion to authorize and direct Town Clerk Neville to advertise for Assistant Town Attorneys and part-time legal assistance for the Town of Southold for the year 2004. #772 Moved by Supervisor Horton, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for Assistant Town Attorneys and part-time legal assistance for the Town of Southold for the year 2004. Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. November 18, 2003 Town Board Meeting 48 SUPERVISOR HORTON: ! will offer the floor to the public to address the Town Board on town related business. That concludes our resolutions. Yes, Mr. Carlin. FRANK CARLIN: Frank Carlin, Laurel. I have an issue here that I believe went from a practical thing to a real issue now. I read in the paper the other day that at the afternoon budget meeting we had November 6th, that the only people that were there were the TV man, reporter and the Town Board. But that was incorrect. There was somebody there and who addressed the Board but it was in the evening, that was me. But if you look at television, you wouldn't even know it. Because the public hearing on the budget was eliminated by some way and I was also eliminated. You know, Public Service Commission, that is a law about censorship being permitted. It is against a law. Censorship can be permitted if it is a possible cause, like foul language or (inaudible) or somebody on that line. But as for a public service commission, rules Article 11, Section 229, Amendments 1, 2 and 3 said it can't be. Now, I don't mind being eliminated once, but this was twice in a row. Now, there is something strange here because the public hearing in November 6th was number one on the agenda there and the one on the CD issue there was number two but yet, when you watch TV, the number two issue was there but the number one issue never showed up. Very, very strange. I went to Cablevision twice, I spoke to some management in Cablevision and I wanted to know something about how this taped and they claim that they do not (inaudible) the tape. That their responsibility is to run it on the TV and supply Channel 22. So, it is gonna get to be a contest here of who is responsible for doing this. There has been known to happen in Southampton also and in Riverhead. We are getting into some deep water here because you are violating your First Amendment, freedom of speech. Now, I tell you what I am going to do. I am going to give you a little more time to come up with some answers, Josh. Perhaps at the next meeting and if I am not here at the next meeting, you can call me before I consult my lawyer and start looking into this legally. Because it is awful strange that only when Frank Carlin is speaking, I am wiped off the television. SUPERVISOR HORTON: That is strange, Mr. Carlin. MR. CARL1N: Very strange. But I want some answers. SUPERVISOR HORTON: I will speak with the contact person .... MR. CARL1N: Because I am going to take this further ifI don't get any answers and we are going to settle it once and for all. Too bad that Bill left. Oh, maybe you can answer this. Do you have a Government Education Committee on TV? SUPERVISOR HORTON: No. MR. CARL1N: You don't have no kind of a committee? SUPERVISOR HORTON: No, we do not. MR. CARL1N: Well, but Bill is, he is on some kind of a Committee here for TV, right? He was responsible for .... November 18, 2003 Town Board Meeting 49 SUPERVISOR HORTON: Councilman Moore was charged with being the point person for negotiating the franchise agreement. MR. CARLIN: Yeah, how about, okay, okay. So, and how do you, how do you contact this from Cablevision or do you, how is the TV cameraman, does he work for the Town or for who does he work for? SUPERVISOR HORTON: He is contracted by the Town. MR. CARLIN: Contracted by the Town. SUPERVISOR HORTON: Yes. MR. CARLIN: Before, used to be when Paul was here, wasn't it contracted, he was from Cablevision? SUPERVISOR HORTON: That is correct. MR. CARLIN: I would suggest you go back to Cablevision. SUPERVISOR HORTON: Unfortunately, that is not an option. MR. CARLIN: Well, then we have to live with what we have now. But let's try to give me a break here and I want some answers at the next meeting. If I am not here, give me a call. SUPERVISOR HORTON: Actually, I will have some answers for you by Thursday afternoon. MR. CARLIN: And I am sorry I let you wait so long on the other call but I called you Saturday on the cell phone but I called you and you called me back on the other issue. But I do want some answers because I am going to take this further and if I have to take it legally wise and consult my lawyer, I will. SUPERVISOR HORTON: Will do, Mr. Carlin. Thank you. And if they need to cut somebody out, I will sacrifice my spot for yours. We will take care of it. I will speak to you Thursday about it. Would anyone else care to address the Town Board? Mrs. Egan. MRS. EGAN: I think that about 100% of us that live out here had these power surges over the weekend. Now, I myself from Sunday to yesterday afternoon had I would say, five or six, and I finally called LIPA and they do tape you and you know how I feel about being taped but I am very glad this was taped and I asked her what the problem was and she said that they had a humongous transformer problem up in Riverhead and she said we are working on it. I said, wonderful. And then she started to get off the phone and I said, hold on, my dear, your power surges are causing irreparable harm to many things that are controlled by electronics. Mr. Romanelli there would ascertain that that is so, for your oil burner which it gets hit on, I have a power block on my television but I don't have one on the refrigerator and I said to her, you realize that this constant surge that we get, that you will be responsible for the damage that you may cause. I am going to have that checked out myself, for things in my home. And she said, I know we are. So, I think somebody up here ought to get in touch with November 18, 2003 Town Board Meeting 50 LIPA and find out exactly what they will be held truly responsible for. Now, at the last Town Hall meeting, ! believe requested that rather than you all going into the city for your little meetings and such, that the moneys that you might be saved might be spent on us. After speaking with other people and reviewing it myself, ! think ! was a little premature to say that. ! think it should be modified, to the best of my knowledge, ! believe the Supervisor has to go, ! believe other people have to go. ! don't think as many as can go, should go. ! think they should try to and maybe you can help them, Josh, truly evaluate what they get out of that, other than being in the city, which is so dangerous now, it ain't even funny. ! think the one area where we gain a lot of information, helpful for all Town business and taxes is the Assessors. They gain a tremendous amount of information that saves all of us a great deal of money. But again, if any moneys can be saved and be put aside for the pool and the bowling alley, let's do it. Now, Mr. Romanelli, ! believe you received some voice mail from me yesterday in regard to the fact and ! will have the police report on that Mr. Chris Mohr, people were on my property doing Mr. Keller's, that is wrong... SUPERVISOR HORTON: Mrs. Egan. MRS. EGAN: But the noise control. Something has to be done. Now, has anything been further moved along? We have the erosion of the soil issue pretty well in hand, once it gets passed by all the people that have to pass it but we still do not have that protection around properties where they are doing excavation and rebuilding and something has to be done about that. ! have not seen or heard from Mr. Harris but again, the sand and runoff in front of Peconic Landing and down by IGA in Greenport is very, very bad. So, Mr. Romanelli, how about you getting after Mr. Harris? That is his job; that is what he gets paid for. Now, also, ! think ! had asked up here which ! think is a tremendously important thing and ! think ! have said it once, ! think ! have said it twice and now ! will say it a third time and ! will continue to say it. On Friday morning court here, you have the policemen here you have a lot of people but somebody should be outside court, you can't frisk them but you can scare them. You are going to have an incident up here and somebody is going to be hurt very badly and it will get into Newsday, New York Times, New York News, New York Post and we will look fools. South shore has it, most of the city places have it, so how about we do something there, Mr. Horton? ! am sure we can get somebody to help us out. Now, SUPERVISOR HORTON: Mrs. Egan, is there any other pressing town business? MRS. EGAN: No, ! am not finished. When ! am finished, ! will say good evening to you, Mr. Horton. Please don't rush me. It always takes a lot longer when you do that, you know that by experience. Your head falling off, Mr. Romanelli? Well, let me see now. Do you, Mr. Horton, or anyone else on the Town Board except Justice Evans, ! am sure that she knows what ! am talking about; review these reports? The Southold Justice reports, the Police reports, the Juvenile Aid reports? Does anybody look at those except me? Mr. Richter should be doing it but he ain't ever done it. Do you do it, Mr. Horton? SUPERVISOR HORTON: Yes, ! do. MRS. EGAN: Do you? What do you think, how do you like what is happening in our town with our people and our young people? It is horrible. It is absolutely horrible and again ! will have to congratulate Detective Dzenkowski because she does try to keep the family together, she does try to November 18, 2003 51 Town Board Meeting keep the kids out of court, she does try, you know this myth that these juvenile things that come up are sealed forever, all of us know that there is no, no, no confidentiality left in the world. Now, so I hope that will be addressed properly. Now, I would also like to ask you a question. Where does Plum Island get their power from? From Connecticut, from LIPA .... SUPERVISOR HORTON: There is a cable off of the tip of Orient Point. As well, they have their own power sources on the island. MRS. EGAN: And that is LIPA from Orient? SUPERVISOR HORTON: That is correct. MRS. EGAN: And have we addressed where their waste goes? SUPERVISOR HORTON: Has the Town addressed where the Plum Islands... MRS. EGAN: Yeah. SUPERVISOR HORTON: Plum Islands... MRS. EGAN: An island of its own. SUPERVISOR HORTON: No, I am telling you that the agencies that govern that are the EPA and actually, through efforts of the Town, the DEC has gained a bit of authority on Plum Island as well. MRS. EGAN: So, you feel that it is pretty well under control? I think that there is certainly room for improvement. SUPERVISOR HORTON: MRS. EGAN: Pardon? SUPERVISOR HORTON: I think that there is definitely room for improvement. MRS. EGAN: As with all of this. SUPERVISOR HORTON: Yes. MRS. EGAN: Correct. Thank you very much, Mr. Horton. I think I am finished. you? SUPERVISOR HORTON: As long as you are satisfied. MRS. EGAN: Well, if not, you know I will be on the cell phone later, won't I, dear? SUPERVISOR HORTON: You will be, regardless. Does that relieve November 18, 2003 Town Board Meeting 52 MRS. EGAN: Ofcourse. SUPERVISOR HORTON: Thank you, Mrs. Egan. Mr. Carlin. MR. CARL1N: Mrs. Cosimano, she was saying in the paper the other day that she is still waiting for a contract for two months now. ! thought a contract was issued a couple of months back? What is going on here? SUPERVISOR HORTON: We will be renewing that contract with the North Fork Animal Welfare League. MR. CARL1N: ! thought you just renewed one a couple of months back? SUPERVISOR HORTON: No, we.. MR. CARL1N: Wasn't there one in September, when ! asked Bill and he said finally, we got the contract settled? SUPERVISOR HORTON: ! think that what Councilman Moore was referring to was that negotiations were under way. MR. CARL1N: No, ! am pretty sure that he said, pretty sure that it was approved because ! had come to the Board that week after or meeting after and ! said something and he said it had been taken care of. ! don't know. SUPERVISOR HORTON: Thank you, Mr. Carlin. Yes, Mrs. Taylor. MRS. TAYLOR: ! just have a few things to say, as far as issues, as far as the planning for our neighborhood in Cutchogue. ! wasn't able to submit anything because ! had gotten some information at the last minute, a short notice, but ! do have some things that is going to be submitted through our attorney Joel Kupferman, environmental issues concerning Church Lane, ! want to have them submitted to your office. SUPERVISOR HORTON: That would be great. MRS. TAYLOR: But ! wanted to say, that if there is any planning that should be done, that ! would like for it to be ran by Joel Kupferman's office to, so that he can look over it with me, if there is anything up in the air as far as planning. SUPERVISOR HORTON: But there is one thing that this Board is certainly in agreement on is that any plans involving any sort of, anything within the Church Lane community, would certainly be done in collaboration with members, residents of the community. MRS. TAYLOR: Okay. SUPERVISOR HORTON: What you see on the agenda there, Councilman Wickham asked for an update on what actions have been taken regarding the sound barrier wall, the plantings and some of the runoff issues. So, he asked for an update on that and that is why that is on the agenda. ! just gave him an update, the Board was given an update on those various items. November 18, 2003 Town Board Meeting MRS. TAYLOR: Okay. Just those people? SUPERVISOR HORTON: That is correct. There were no plans made, we actually, one thing Councilman Wickham articulated and I think rightfully so, was moving forward in the future, actually putting together the mechanism for the communication between residents and the Town, so that when things are brought forward, they are brought forward together; with everybody on the same page, at the same time. 53 MRS. TAYLOR: Yes, that is a concern of mine. SUPERVISOR HORTON: That is important to us, as well. MRS. TAYLOR: Okay, thank you. SUPERVISOR HORTON: Thank you. MRS. TAYLOR: Oh, Josh, I needed the report, I never got the report, the people that you hired? SUPERVISOR HORTON: The Greenman-Pedersen? MRS. TAYLOR: Yes. SUPERVISOR HORTON: We can get you a copy of that. MRS. TAYLOR: Okay, I want to give it to the attorney. SUPERVISOR HORTON: Okay. Would anybody else care to address the Town Board? (No response) Have a happy Thanksgiving and thank you for being here tonight. Moved by Supervisor Horton, seconded by Councilman Romanelli, it was RESOLVED that the Town Board meeting be and hereby is declared adjourned at 5:32 P.M. Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. * * * * * * C2~:~~g~ Southold Town Clerk