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Home My WebLink AboutTB-02/24/2004SOUTHOLD TOWN BOARD GENERAL MEETING February 24, 2004 7:30 P.M. A Regular meeting of the Southold Town Board was held Tuesday February 24, 2004 at the Southold Town Hall, Southold, New York. Supervisor Horton opened the meeting at 7:30 P.M. with the Pledge of Allegiance to the Flag. Present: Supervisor Joshua Y. Horton Justice Louisa P. Evans Councilman John M. Romanelli Councilman Thomas H. Wickham Councilman Daniel C. Ross Councilman William P. Edwards Town Clerk Elizabeth A. Neville Town Attorney Patricia A. Finnegan SUPERVISOR HORTON: Welcome to the February 24th, 7:30 public meeting of the Southold Town Board. Please rise and join with us in the Pledge to the Flag. ! just wanted to make mention that over the past couple of weeks, my office and several other members of the Town Board did receive calls from members of the public about the Town Board meeting on Channel 22 and that it was inaudible and we have spoken to the company that tapes the meetings as well as Cablevision and expect that will be rectified at the next airing. ! would also like to draw your attention that we have various reports, public notices, communications available to the public to review. They are available at the Town Clerk's office, which is open Monday through Friday, 8:00 to 4:00. There will be two portions to address the Town Board, actually three portions to address the Town Board over the course of this meeting. First will be prior to the voting on any of the resolutions that are on the agenda. The second portion will be after the voting on the resolutions. Members of the public can address the Board on town related issues and we also have a few public hearings on tonight, at which point the public also has the ability to address the Town Board on those specific public hearings. ! ask that when you do February 24, 2004 Southold Town Board meeting 2 address the Board, you do so from one of the two microphones located at the front of the room and state your name and place of residence for our public record. 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 $317,939.87; General Fund Part Town bills in the amount of $30,251.19; Highway Fund Whole Town bills in the amount of $2,391.71; Highway Fund Part Town bills in the amount of $99,668.51; Capital Projects Account bills in the amount of $17,337.16; Landfill Cap & Closure $62,885.67; Community Preservation Fund (2% Tax) bills in the amount of $11,800.00; New London Terminal Project bills in the amount of $309,592.40; Employee Health Benefit Plan bills in the amount of $21,419.52; Fishers Island Ferry District bills in the amount of $59,084.75; Refuse & Garbage District bills in the amount of $61,576.19; Southold Wastewater District bills in the amount of $3,884.54; Fishers Island Sewer District bills in the amount of $13,241.38; Southold Agency & Trust bills in the amount of $12,903.07 and Fishers Island Ferry District Agency & Trust bills in the amount of $158.06. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the minutes of the February 3, 2004 Town Board Meeting be and hereby are ordered approved. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the next Regular Meeting of the Southold Town Board be held Tuesday, March 9, 2004 at the Southold Town Hall, Southold, New York at 4:30 P.M. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. I. REPORTS 1. Leave Time Summary Report - December 2003 2. Southold Town Recreation Department - January 2004 3. Southold Town Justice Court, Evans - January 2004 4. Southold Town Justice Court, Bruer - January 2004 5. Southold Town Justice Court, Price - January 2004 6. Board of Town Trustees - January 2004 7. Southold Town Program for the Disabled - January 2004 Events 8. Island Group Administration, Claim Lag Report - through January 2004 9. Town Clerk Monthly Report - January 2004 10. North Fork Animal Welfare League Financial Statement, 4th Qtr. - 12/31/03-12/31/02 February 24, 2004 Southold Town Board meeting II. 3 PUBLIC NOTICES 1. New York State Department of Environmental Conservation Notice of Complete Application of Gregory Mazzanobile to construct a single family dwelling adjacent to a designated fresh water wetland on Lake Drive, Southold, SCTM #1000-59-01.6 & 21.7. Written comments by March 12, 2004. 2. Department of the Army, NY District, Corps of Engineers, Application of Joanne and Dennis Lane to construct a pier in Goose Creek, Southold Bay, Shelter Island Sound, Southold. Written comments by March 5, 2004. III. COMMUNICATIONS None SUPERVISOR HORTON: At this point, I open the floor to the general public to address the Board on the printed resolutions. Mind you that the last three resolutions on the agenda, #169-#171 will not be voted on, cannot be voted on until after the public hearings that relate to those specific resolutions. Yes, Mr. Carlin. FRANK CARL1N: Frank Carlin, Laurel. #165, Bradley & Associates on that. You tell me how many actually people make up this, you are going to be designing an Animal Shelter, how many people are involved in that thing, as a group, outside of this fellow here? How many people? SUPERVISOR HORTON: Are involved in the planning of the Animal Shelter? MR. CARL1N: Yeah. SUPERVISOR HORTON: Well at this point, we have Councilman Edwards and Councilman Wickham that have taken input from... MR. CARL1N: No, no. I am talking about technical people that are going to be, like this case here, you have an architect or do you have, is this fellow here, is he actually familiar with designing an animal shelter... SUPERVISOR HORTON: Yes. He is. MR. CARL1N: Because I know three years ago he made a report up on the condition of the Shelter but I don't know if he really has got that kind of a background to design an Animal Shelter, does he? SUPERVISOR HORTON: Yes, he does. MR. CARL1N: But how many people are going to make this team up? Working to get this shelter built? That is what I am trying to get your answer here. SUPERVISOR HORTON: As far as I am concerned, as few or as many as it takes, just to get this shelter built. MR. CARL1N: I know that, but who? February 24, 2004 Southold Town Board meeting 4 COUNCILMAN WICKHAM: We have a preliminary plan that has been prepared by our Town Engineer, James Richter, it is a strong, it is a good plan, we are sending it out, we are vetting it to have it reviewed by an animal architect, an architect with experience in animal shelters. We expect to get it back within just a few weeks and move ahead with the project. At this point, there are two professional people, the Town Engineer and if we enact this resolution tonight, it will be Mr. Bradley. MR. CARL1N: Alright. SUPERVISOR HORTON: Are there other comments from the floor on the resolutions? Miss Wolf. DOROTHY WOLF: Dorothy Wolf, Southold. You know were I am coming from it is no secret and I had a gazillion things I was going to do. I was really going to harangue you and I was going to come at you full-blast but looking at g165, I have to tell you that I am absolutely delighted that you are going to move ahead. We started an organization called 'Concerned Citizens for a New Shelter' we did a major mailing and got an enormous response. What our goal is, is not to fight with anybody. You know where I stand on some issues, but the main goal, the reason that we are in this for the long haul is for one reason and one reason only and that is for a new shelter and seeing this on the agenda, all the things that I was going to say and I practiced all day, I was tongue tied. I took things out, I put things in-boy, I was really going to let some of you have it. But I can't tell you what a positive and important step you are taking, I congratulate you. Anything that we can do, our expertise wherever they are, anything that we can do in legwork, fundraising; anything that we can do, we will be at your service and we will be in touch with you. And again, I do congratulate you, I think this is absolutely great. SUPERVISOR HORTON: Thank you, Mrs. Wolf. Would anyone else care to address the Board on the resolutions? Mrs. Egan. JOAN EGAN: Mr. Horton, Mr. Romanelli, Mr. Edwards, Mr. Ross, Mr. Wickham, Mrs. Neville and my good friend. On g 165, one question. Joan Egan, East Marion. Now, Item gl 14, what is that mean? SUPERVISOR HORTON: Mrs. Egan, I am going to tell you now, at the beginning of this that we are not going to run through every single resolution as you pick through them one by one. We have a lot of business here tonight. MS. EGAN: I believe that on the first covering page, a scheduled Town Board meeting, the attending public is encouraged to briefly address the Town Board relating to agenda resolutions prior to their enactment. So let's live by the letter of the law. I will try to be brief and if you don't interrupt me, it will move much more swiftly. Okay, let's go with gl 14. SUPERVISOR HORTON: gl 14, what would you like to know about it? MS. EGAN: I would like to know what it means. Who is an environmental technician and what does that mean? February 24, 2004 Southold Town Board meeting SUPERVISOR HORTON: That will be a, this is establishing the pay scale for this specific civil service position with the Town. MS. EGAN: And what do they do? SUPERVISOR HORTON: They will be working with the Trustees, when hired. MS. EGAN: Oh, good. Now, on #118 and #119, are they both the same? SUPERVISOR HORTON: They are separate resolutions to cover separate items. MS. EGAN: Now, #127, that is Mr. James Bunchuk, ! don't think he has done a very good job where he is and ! don't think he should be sent out of Town, ! think maybe we should think about replacing him because the garbage situation is terrible, terrible, terrible, terrible. Now, that was, okay, oh, now, also on # 130, you want to replace the roof here. Now that is a very, very expensive proposition and maybe Mr. Romanelli could fill us when we will be moving to the new building. Can this be repaired until we do something, ! mean, why will we be spending money here when we will be moving there and back and forth. SUPERVISOR HORTON: We need a new roof, Mrs. Egan, It leaks. MS. EGAN: Pardon? SUPERVISOR HORTON: Our roof leaks and it is time for a new roof. MS. EGAN: Well, will we be staying here long enough to make that... SUPERVISOR HORTON: Yes. MS. EGAN: Okay, that sounds good to me. Now, #139 and #140, this is court reporting and justice court and these are both two items that ! have been very, very interested in, as most of you know, ! am here almost every Friday to check the public and everything out. SUPERVISOR HORTON: These are budget modifications. MS. EGAN: They are going to get more money? More funding, ! hope? And ! hope they will be funding for a court, a police officer to scan people coming in. You are waiting for an incident to happen here. Now, Mr. Isler on #146, he is a local lawyer? SUPERVISOR HORTON: Your definition of local is? MS. EGAN: He lives in the Town of Southold? SUPERVISOR HORTON: No. February 24, 2004 6 Southold Town Board meeting MS. EGAN: No. That figures. We are always hire out-of-towners. This is again, on #151, again I have addressed that, ! don't think he, ! think he should stay here and do the job that he does here, learn what he is supposed to do here properly or replace him. Now, here we go again on #154, again a change at the Human Resource Center and ! don't quite understand and ! know ! am repeating myself, why we have such a turnover of personnel at the Human Resource Center because these people like to see the same faces, just like the little kids like to see their mama at the stove at dinner. SUPERVISOR HORTON: Thank you, Ms. Egan. MS. EGAN: So is there a reason? SUPERVISOR HORTON: We are in need of an Assistant Cook at the Human Resource Center. MS. EGAN: Well, why do we have such a turnover? Well, ! have looked into it. COUNCILMAN WICKHAM: They are not highly paid... SUPERVISOR HORTON: ! was just going to say, they work long hours for very little money. MS. EGAN: In this job market, my dear, with the stock market way down, they should be very happy they are getting a paycheck. Now, #167, you knew it would come up, didn't you darling? SUPERVISOR HORTON: ! had an inkling. MS. EGAN: Now, would you like to talk about it, would you like to keep it on hold? ! will ask a few questions but ! will give you the opportunity to present your case. SUPERVISOR HORTON: Well, this isn't a court of law where ! feel the need to present a case. MS. EGAN: You understand, let's not mince words. SUPERVISOR HORTON: ! do. The Board feels that this would provide for a stronger tie between the Town Board and the Chief of Police as well as add a helpful hand to the Chief of Police as far as what the Town Board expects in managing the department. MS. EGAN: Alright. One very pertinent question ! feel at this point would be; how is this flying with the present regime at the police station? SUPERVISOR HORTON: There is no regime at the police station. MS. EGAN: Well, you have the Chief and you have the Lieutenant and you are hopefully are going to put in another Lieutenant and you were gonna, gonna, gonna, gonna, gonna .... SUPERVISOR HORTON: ! am sure it will be received well. MS. EGAN: It will or it was or it is? February 24, 2004 Southold Town Board meeting 7 SUPERVISOR HORTON: Mrs. Egan, ! am sure will be, this is a management decision that the Board had to make. Not anybody other than the Board. MS. EGAN: You didn't do any, you know, feeling out there? You are just going to go ahead and do it and maybe establish more hostility between the Board and the police station. ! think you ought to think very carefully about it and hopefully, you did it correctly. SUPERVISOR HORTON: Mrs. Egan, the Board and the police department have a very good working relationship. MS. EGAN: It doesn't appear that way so far. Good luck. ! shall sit down now. Thank you very much. SUPERVISOR HORTON: Thank you. If there are no further comments on the resolutions, we will move forward with the voting. Yes, Benja. BENJAMIN SCHWARTZ: Good evening, my name is Benjamin Schwartz and ! live in Cutchogue. ! am not sure if it is specifically on this resolution but if we are talking about the building of the Animal Shelter, you know, ! have offered many times to do some work for this Board on the web site architect. ! do work for the Animal Welfare League but ! really don't have any, ! am not a member of the League, ! am a resident of the Town of Southold but ! have heard some things that have really upset me about a will made by Patricia .... SUPERVISOR HORTON: Mr. Schwartz? This is a time to address specific resolutions and that specific resolution that you did refer to is actually sending the current plan for the Animal Shelter to a shelter architect, get some input so we can get moving toward building a new shelter and that is where we will leave that, right now. MR. SCHWARTZ: Then ! can come back at the end of the meeting? SUPERVISOR HORTON: Yes, indeed. MR. SCHWARTZ: These things that are on the agenda that says for discussion, do they, does that .... SUPERVISOR HORTON: Those are what we discuss in the public portion of the work session that generally commences at 9:00. MR. SCHWARTZ: In the morning. Usually it is on a separate agenda. Okay. Thank you. SUPERVISOR HORTON: Thank you. We will move forward with our resolutions. #113 Moved by Councilman Romanelli, seconded by Councilman Ross, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Detective Beth Dzenkowski to attend the upcoming quarterly Executive Board meeting of the State of New February 24, 2004 Southold Town Board meeting York Police Juvenile Officers Association in her position as First Vice President to be held in Albany~ New York on Thursday~ March 11 through Friday~ March 12~ 2004. The Association will cover costs for meals and accommodations. Expenses would be approximately $50 for transportation costs (gas and tolls), which will be a legal charge to the Juvenile Aid Bureau budget line A.3157.4.600.300. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #114 Moved by Councilman Edwards, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby establishes the following rate of pay for Environmental Technician: Effective January 1,2002 Step Annual Salary Entry 45,900.00 1 48,400.00 2 49,400.00 3 50,750.00 4 51,750.00 5 54,250.00 Vote of the Town Board: Aye: Councilman Edwards, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Councilman Ross, Councilman Wickham, #115 Moved by Councilman Ross, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the Town Clerk's 2003 budget as follows: To: Overtime Earnings $ 140.00 Vacation Earnings $1840.00 A. 1410.1.100.200 A. 1410.1.100.300 From: A. 1410.1.100.100 Vote of the Town Board: Regular Earnings Aye: Councilman Edwards, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. $1980.00 Councilman Ross, Councilman Wickham, #116 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the Fishers Island Ferry District 2003 budget as follows: To: SM.5610.4 Elizabeth Airport $111,878 From: SM. 5710.1 Ferry Operations 6,405 February 24, 2004 Southold Town Board meeting 9 SM. 9010.8 NYS Retirement 32,878 SM.9730.7 B.A.N. Interest 72,595 Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #117 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the Fishers Island Ferry District 2003 budget as follows: Ye: SM. 1310.4 Accounting/Finance $ 300 SM. 1910.4 Insurance 5,756 SM. 1930.4 Insurance Claims 761 SM. 1950.4 Property Tax 770 SM.5711.4 Office Expense 127 SM. 7155.4 Theatre 2,220 SM.9060.8 Hospital & Medical Benefits 394 From: SM. 5709.2 Dock Repairs Vote of the Town Board: Aye: Councilman Edwards, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. $10,328 Councilman Ross, Councilman Wickham, A. 1680.4.400.352 A. 1680.4.400.355 A. 1680.4.400.551 A. 1680.4.400.552 From: A. 1680.4.400.353 A. 1680.4.400.555 #118 Moved by Councilman Romanelli, 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: Ye: Printer Maintenance 828.00 Personal Computer Maintenance 2295.53 Payroll Maintenance 251.14 Financial System Maintenance 323.37 8MM Tape Drive Maintenance Tax Collection Maintenance Vote of the Town Board: Aye: Councilman Edwards, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. 828.00 2870.04 Councilman Ross, Councilman Wickham, #119 Moved by Councilman Edwards, seconded by Councilman Ross, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2003 budget as follows: We-' February 24, 2004 Southold Town Board meeting 10 A. 1330.1.300.100 A. 1330.1.300.200 A. 1330.4.400.100 From: A. 1330.4.100.100 A. 1330.4.600.400 Tax Collection, P.S. Regular Earnings Tax Collection, P.S. Overtime Earnings Tax Collection, C.E. Tax Bill Processing Tax Collection, C.E. Office Supplies Tax Collection, C.E. Tax Bill Postage A.9010.8.000.000 ERS Retirement Benefits Vote of the Town Board: Aye: Councilman Edwards, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. $12,900 26O 1,400 $1,400 1,500 11,660 Councilman Ross, Councilman Wickham, #120 Moved by Councilman Ross, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Part Town 2003 budget as follows: From: Zoning Board of Appeals, P.S. Full Time Employees Regular $9,964.52 B.8010.1.100.100 To: B.8010.1.100.200 Zoning Board of Appeals, P.S. Part Time Regular Vote of the Town Board: Aye: Councilman Edwards, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. $9,964.52 Councilman Ross, Councilman Wickham, #121 Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the establishment of the following Capital Proiect in the 2004 Capital Budget: Capital Project Name: Personal Computers Financing Method: Transfer from the General Fund Whole Town Budget: Revenues: H.5031.35 Appropri~ions: H.8160.2.300.500 Transfers from Other Funds Data Processing Equipment & Capital Outlay Personal Computers Vote of the Town Board: Aye: Councilman Edwards, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. $ 6,000 $ 6,000 Councilman Ross, Councilman Wickham, February 24, 2004 Southold Town Board meeting 11 #122 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby grants a partial refund to Linda F. Reinares in the amount of $325.00 as the application before the Zoning Board of Appeals has been withdrawn. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #123 Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby grants a partial refund to Kelly Krudop in the amount of $325.00 as the application before the Zoning Board of Appeals has been withdrawn. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #124 Moved by Councilman Edwards, seconded by Councilman Ross, it was RESOLVED that the Town Board of the Town of Southold hereby grants a partial refund to Robert and Kelly Krudop in the amount of $325.00 as the application before the Zoning Board of Appeals has been withdrawn. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #125 SUPERVISOR' S APPOINTMENT Supervisor Joshua Y. Horton hereby appoints Sergeant William Sawicki as Assistant Deputy Emergency Preparedness Coordinator for the Town of Southold for the term of January 1, 2004 through December 31, 2004, to serve in said capacity without compensation. #126 Moved by Councilman Ross, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Part Town 2003 budget as follows: From: Zoning Board of Appeals, P.S. Full Time Employees Regular $1,040.42 B.8010.1.100.100 To: B.8010.1.100.200 B.8010.1.100.300 Zoning Board of Appeals, P.S. Overtime Earnings $ 245.96 Zoning Board of Appeals, P.S. Vacation Earnings $ 794.46 February 24, 2004 Southold Town Board meeting 12 Vote of the Town Board: Aye: Councilman Edwards, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Councilman Ross, Councilman Wickham, #127 Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to James Bunchuck~ Solid Waste Coordinator to attend the 2004 Federation of New York Solid Waste Associations Spring Conference~ from May 2 to May 5~ 2004~ at Bolton's Landing~ New York, with all necessary expenses for travel, food, and lodging to be a legal charge against the 2004 Solid Waste District Budget. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #128 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby sets the price for surplus unscreened sand ("bank run") from the landfill at $4.00/ton (2000 lbs), effective February 3, 2004. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #129 Moved by Councilman Romanelli, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby declares the following vehicle as surplus equipment: 2001 Ford Crown Victoria - V1N 2FAFP71W71X187117 - 102,401 miles be it further RESOLVED that the Town Clerk hereby be authorized and directed to advertise the above surplus equipment for bid. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #130 Moved by Councilman Edwards, seconded by Councilman Ross, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Town Clerk Elizabeth Neville to advertise for bids for the replacement of the roof at the Southold Town Hall~ in accordance with the plans and specifications, as prepared by James Richter, RA, Southold Town Engineer. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #131 Moved by Councilman Ross, seconded by Justice Evans, it was February 24, 2004 Southold Town Board meeting 13 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Principal Planner Valerie Scopaz~ Senior Environmental Planner Mark Terry~ Planning Board Members William Cremers and Richard Ca~giano and Land Preservation Coordinator Melissa Spiro to attend the Suffolk County Development Rights Summit on February 25~ 2004 from 9:00 a.m. and 12:00 p.m. at the H. Lee Dennison Building - Media Center, Veterans Memorial Highway, Hauppauge, New York. Travel to be by Town vehicle. All other expense to be a legal charge to the Planning board and Land Preservation budgets respectively. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #132 Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2003 budget as follows: To: A. 1620.1.100.200 A. 1620.2.500.200 A. 1620.2.500.750 A. 1620.4.100.200 A. 1620.4.100.250 A. 1620.4.200.200 A. 1620.4.200.300 A. 1620.4.400.200 A. 1620.4.400.800 A. 1620.4.600.100 From: A. 1620.1.100.100 A. 1620.4.400.700 Vote of the Town Board: Overtime Earnings $ 1,321.00 Vacuum Equipment $ 150.00 Road End Restorations $ 56.00 Gasoline & Oil $ 2,000.00 Heating Fuel $ 1,500.00 Light & Power $10,000.00 Gas $ 7,500.00 Property Maint/Repairs $15,000.00 Equipment Rental $ 595.00 Property Taxes $ 83.00 Regular Earnings $16,000.00 Building Rentals $ 22,205.00 Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #133 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Doris McGreevy to the Conservation Advisory Council~ effective February 24~ 2004~ term to expire December 31, 2005. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #134 Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for a member of the Conservation Advisory Council. February 24, 2004 Southold Town Board meeting 14 Vote of the Town Board: Aye: Councilman Edwards, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Councilman Ross, Councilman Wickham, #135 Moved by Councilman Edwards, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2003 Community Preservation Fund as follows: From: H3.8660.2.600.100 H3.8710.2.400.200 To: H3.8710.2.400.100 Vote of the Town Board: Land Acquisitions $ 4,290.91 Land Stewardship/management $ 545.00 Land Use Consultants Aye: Councilman Edwards, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. $ 4,835.91 Councilman Ross, Councilman Wickham, #136 Moved by Councilman Ross, seconded by Justice Evans, WHEREAS the Town Board of the Town of Southold has received and reviewed information and materials regard the proposed reconstruction of the Town Hall Annex and the improvement to the communication system serving the Town, and RESOLVED that the Town Board of the Town of Southold, acting in the role of Lead Agency pursuant to the provisions of the New York State Environmental Quality Review Act (SEQRA) Rules and Regulations, hereby determines that the reconstruction and improvement referred to above is a Type II Action and that no further review is required. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #137 Moved by Justice Evans, seconded by Councilman Romanelli, WHEREAS Bruno Semon, provisionally appointed by the Town Board of the Town of Southold to the position of full-time Senior Site Plan Reviewer in the Planning Department on February 27, 2003, has successfully passed the open-competitive Suffolk County Department of Civil Service exam for that title; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby permanently appoints Bruno Semon as a full-time Senior Site Plan Reviewer in the Planning Department effective immediately, from the open-competitive Suffolk County Department of Civil Service exam for that title at his current salary of $47,688.27. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #138 February 24, 2004 Southold Town Board meeting 15 Moved by Councilman Wickham, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Neboysha R. Brashich to attend a Transportation Conference on March 12~ 2004, entitled "Ending Gridlock: East End Transportation Futures". This conference is organized by the Institute for Sustainable Development, Long Island University, Southampton. Travel and registration fee of $75.00 to be a legal charge to the Southold Transportation Commission's 2004 budget. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. SUPERVISOR HORTON: At this point, I would just like to say to the Board we have public hearings starting at 8:00, it has been the policy in the past to continue on through the resolutions. I am happy to do so or we can break for public hearings. COUNCILMAN ROMANELLI: No, go right through the resolutions. SUPERVISOR HORTON: We have about half of them to go, so continue with the resolutions. #139 Moved by Councilman Romanelli, 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: Court Reporter A. 1110.4.500.200 FROM: A. 1110.4.400.500 Vote of the Town Board: Parking Ticket Servicing Aye: Councilman Edwards, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. $1946.00 $1946.00 Councilman Ross, Councilman Wickham, #140 Moved by Councilman Edwards, 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. 1110.1.200.100 Justices, P.S. $1075.63 Part-time Employees Regular Earnings FROM: A. 1110.1.100.200 Justices, P.S. $1075.63 Full Time Employees Overtime Earnings Vote of the Town Board: Aye: Councilman Edwards, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Councilman Ross, Councilman Wickham, #141 Moved by Councilman Ross, seconded by Councilman Romanelli, it was February 24, 2004 Southold Town Board meeting 16 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the following employees to attend a seminar on Marine Patrol Security Interdiction sponsored by the NYS Harbormaster & Bay Constable Association on Wednesday~ March 17~ 2004, at the Hampton Bays Fire Department, Montauk Highway, Hampton Bays, New York: SBC Donald Dzenkowski BC Andrew Epple BC Kent McCarthy Travel will be by Town vehicle. Registration fee is $60.00 ($20.00 for each attendee) and shall be a legal charge to the Bay Constable budget line - A. 3130.4.600.200. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #142 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2003 Community Preservation Fund as follows: From: H3.$710.1.100.100 To: H3.8710.1.200.100 Vote of the Town Board: FT Employee Regular Earnings $ 54.44 PT Employee Regular Earnings $ 54.44 Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #143 Moved by Councilman Wickham, seconded by Councilman Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes its Deputy Town Clerks to act for and in place of the Town Clerk of the Town of Southold. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #144 Moved by Councilman Romanelli, seconded by Councilman Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Fredric J. Visser~ Jr. to the position of full-time Construction Equipment Operator in the Solid Waste Department at a salary of $17.70 per hour, effective March 10, 2004. SUPERVISOR HORTON: Good equipment operators are hard to come by, so we welcome Mr. Visser aboard. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #145 Moved by Councilman Edwards, seconded by Councilman Ross, it was February 24, 2004 Southold Town Board meeting 17 RESOLVED that the Town Board of the Town of Southold hereby appoints Frank McBride to the position of full-time Laborer for the Solid Waste Department at a starting salary of $14.6578 per hour, effective February 25, 2004. SUPERVISOR HORTON: Frank has been with us for a while, too, as a part-timer and there has not a job that he has said no to and ! think he is much deserving of this position, as well. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #146 Moved by Councilman Ross, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby retains Frank A. Isler~ Esq. as special counsel in the matter of Taggart V. ZBA. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #147 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town board of the Town of Southold hereby authorizes the remaining $132~000.00 bank escrow custodial account held as a performance guarantee for improvements for Peconic Landing at Southold~ Inc. be released, as recommended by the Southold Town Planning Board and approval of Town Engineer James Richter. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #148 Moved by Councilman Wickham, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby appoints David Schwartz as a full time purser for the Fishers Island Ferry District effective February 19, 2004 at a starting rate of $15.00 per hour. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #149 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 Horton to sign all necessary documents with Diversified Technology Consultants to assist the Fishers Island Sewer District to maintain the wastewater facilities and comply with NYDEC requirements. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. February 24, 2004 Southold Town Board meeting 18 #150 Moved by Councilman Edwards, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Mattituck Lions Club to hold their annual Strawberry Festival and Country Fair, Route 48, Mattituck from Friday, June 18, 2004 through June 20, 2004 provided they file with the Town Clerk a one million dollar Certificate of Liability with the Town Clerk. Lt. Flatley to be contacted at least ten (10) days prior to the event to coordinate traffic control. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #151 Moved by Councilman Ross, seconded by Councilman Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Superintendent of Highways~ Peter W. Harris~ to attend a municipal equipment seminar and trade show~ sponsored by the National Truck Equipment Associatiom March 3, 4 and 5, 2004 in Baltimore, Maryland. All necessary expenses for transportation, accommodations and meals shall be a legal charge to the 2004 Highway Budget. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #152 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the Fishers Island Ferry District 2003 budget as follows: To: H7.5720.2.200.600 Architect/Engineer Fees From: H7.5720.2.200.200 Contingency Vote of the Town Board: Aye: Councilman Edwards, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. $4,248 $4,248 Councilman Ross, Councilman Wickham, AMENDED-March 9, 2004 by resolution #175 #153 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to the following officers to attend a two day Taser Instructor Training at the Riverhead Police Department on Thursday~ March 4 and Friday~ March 5~ 2004: PO Kenneth Richert PO Scott Latham Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. February 24, 2004 Southold Town Board meeting 19 #154 Moved by Councilman Romanelli, seconded by Councilman Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for the position of Part Time Assistant Cook for the Human Resource Center in accordance with the job specifications and required qualifications set forth by the Suffolk County Department of Civil Service. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #155 Moved by Councilman Edwards, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the construction of an apron and access taxiwa¥ at the Elizabeth Field Airport~ Fishers Island~ Southold Towm New York. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #156 Moved by Councilman Ross, seconded by Councilman Wickham, BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED FEBRUARY 24, 2004, AUTHORIZING (A), AT THE ESTIMATED MAXIMUM COST OF $73~000~ THE RECONSTRUCTION~ IN PART~ OF THE NEW TOWN HALL ANNEX, IN SAID TOWN AND APPROPRIATING SAID AMOUNT THEREFOR; AND (B), AT THE ESTIMATED MAXIMUM COST OF $58,596.40, THE IMPROVEMENT OF THE COMMUNICATION SYSTEM SERVING THE TOWN AS WELL AS SAID ANNEX AND APPROPRIATING SAID AMOUNT THEREFOR; STATING THE ESTIMATED TOTAL COST OF SAID RECONSTRUCTION AND IMPROVEMENTS IS $150,000, INCLUDING PRELIMINARY COSTS AND COSTS INCIDENTAL THERETO AND TO THE FINANCING THEREOF IN THE AMOUNT OF $18,403.60 AND APPROPRIATING SAID AMOUNT THEREFOR; AUTHORIZING THE ISSUANCE OF SERIAL BONDS IN THE AGGREGATE AMOUNT OF $150,000 TO FINANCE SAID APPROPRIATIONS AND THE LEVY AND COLLECTIONS OF TAXES TO PAY THE PRINCIPAL OF AND INTEREST ON SAID BONDS. THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of its voting strength) AS FOLLOWS: The Town of Southold, in the County of Suffolk, New York (herein called the "Town"), is hereby authorized (i), at the estimated maximum cost of $73,000, to reconstruct, in part, the new Town Hall Annex (hereinafter February 24, 2004 Southold Town Board meeting 20 referred to as the "Annex") situate in the certain space occupied by the Town pursuant to the fifteen (15) year lease with the North Fork Bank in its building, 54375 Main Road, including purchase of the necessary furnishings, equipment, machinery and apparatus required for the purposes for which the Annex, as so reconstructed, is to be used and the resurfacing of the parking lot adjacent to the Annex as part of grading and improving the site and (ii), at the estimated maximum cost of $58,596.40, the improvement of the communications systems serving the Town as well as the Annex, including, but not limited to, cabling infrastructure for Voice and Data applications, Town Hall telephone system updates and changes and equipment appurtenant thereto. The estimated total cost of so reconstructing the Annex and improving the communications system, being the respective specific objects or purposes for which the serial bonds hereinafter authorized are to be issued is $150,000, including preliminary costs and costs incidental thereto and to the financing thereof (hereinafter referred to as the "Soft Costs) in the amount of $18,403.60 and the said amount of $18,403.60 is hereby appropriated therefor. The plan of financing said specific objects or purposes includes the issuance of serial bonds to finance said appropriations and the levy and collection of taxes to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Serial bonds of the Town in the principal amount of $150,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called "Law"), to finance said appropriations. The following additional matters are hereby determined and declared: (i) The period of probable usefulness applicable to the specific object or purpose for which $73,000 of said serial bonds are authorized to be issued, within the limitations of Section 11.00 a. 12(2) of the Law, hereby determined to be five (5) years; (ii) the period of probable usefulness applicable to the specific object or purpose for which $58,596.40 of said serial bonds are authorized to be issued, within the limitations of Section 11.00 a. 32 of the Law, is hereby determined to be five (5) years. The proceeds of the bonds herein authorized, and any bond anticipation notes issued in anticipation of said bonds, may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. The Town Board of the Town, acting in the role of Lead Agency pursuant to the provisions of the New York State Environmental Quality Review Act ("SEQRA") has heretofore determined that each specific object or purpose herein above described in Section 1 is a Type I! Action as defined in said Act and the Regulations promulgated thereunder and no further review is required. The proposed maturity of the bonds authorized by this resolution will not exceed five (5) years. Each of the bonds authorized by this resolution, and any bond anticipation notes issued in anticipation of the sale of said bonds, shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds, and any notes issued in anticipation of said bonds, shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town without limitation of rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds, and any February 24, 2004 21 Southold Town Board meeting notes issued in anticipation of the sale of said bonds, and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of the sale of said bonds, may be contested only if: such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or the provisions of law which should be complied with at the date of the publication of such resolution, or a summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or such obligations are authorized in violation of the provisions of the constitution. This bond resolution is shall take effect immediately. THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES AS FOLLOWS: Section 1. The Town Clerk is hereby directed to cause the bond resolution adopted next preceding this resolution to be published, in summary in "THE SUFFOLK TIMES", a newspaper published in Mattituck, in said Town and hereby designated the official newspaper for said publication, together with a Notice in substantially the form as provided by Section 81.00 of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York. This resolution shall take effect immediately. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #157 Moved by Justice Evans, seconded by Councilman Edwards, WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York on the 24th day of February, 2004, a Local Law entitled "A Local Law in Relation to No Parking on Hummel Avenue, Southold, New York", 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 9th day of March~ 2004 at 5:00 p.m, at which time all interested persons will be given an opportunity to be heard. This proposed "Local Law in Relation to No Parking on Hummel Avenue, Southold, New York", which reads as follows: February 24, 2004 Southold Town Board meeting 22 Local Law No. I. Purpose- The purpose of this Local Law is to restrict parking on Hummel Avenue to provide additional safety for vehicle traffic and maintain the rural character of the neighborhood. II. Chapter 92, Section 92-41 (Vehicles & Traffic) of the Code of the Town of Southold is hereby Locations At Southold, from the Southeast corner of Hummel Ave and Boisseau Ave, along the South side of Hummel Ave to the intersection of Hummel Ave and Young's Ave III. Severability. If an section or subsection, paragraph, clause, phrase or provision of this law shall be judge 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. IV. This Local Law shall take effect immediately upon filing with the Secretary of State. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. amended as follows: Name of Street Side Hummel Avenue South #158 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby rescinds resolution #104~ adopted at the February 3~ 2004 regular Town Board meeting. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #159 Moved by Councilman Romanelli, seconded by Councilman Edwards, WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 24th day of February 2004 a Local Law entitled "A Local Law in relation to Determination of Site Plan Requirement" 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 9th day of March 2004 at 5:05 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 Determination of Site Plan Requirement" reads as follows: LOCAL LAW NO. 2004 A Local Law entitled "A Local Law in relation to Determination of Site Plan Requirement" BE IT ENACTED by the Town Board of the Town of Southold, as follows: I. Purpose The intent of this change is to authorize the Building Inspector to make the determination that a site plan is required, pursuant to the provisions of the Town Code. This Amendment will be consistent with New York State law. The change will also provide the Planning Department the February 24, 2004 Southold Town Board meeting 23 opportunity to comment on the determination of the Building Inspector, before it becomes a final determination. II. Chapter 100 of the Code of the Town of Southold is hereby amended as follows: § 100-253. Approval of site plan required. ~ .......... ~,, ,~,~,~: ...... :-~ ~-~ After the filing of an application for a Building Permit, the Building Inspector shall make a determination as to whether a site plan or an amendment thereto is required, and this written determination shall be forwarded to the Planning Department for comment. The Planning Department must provide written comments on this determination to the Building Inspector within five (.5) business days, or be deemed to have waived the opportunity to comment. After review of comments, or after the time period for comment has elapsed, the Building Inspector shall issue a final determination to the applicant, which shall in no event be more than fifteen (`15) business days from the filing of the application. No building permit shall be issued for any structure or building for which use a site plan is required pursuant to this Chapter 100, until, if required, an approved site development plan or approved amendment of any such plan has been secured by the applicant from the Planning Board and presented to the Building Inspector, along with all necessary approvals and permits as may be required by other public agencies. 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. Strike-through represents deletion. Underline represents insertion. Vote of the Town Board: Aye: Councilman Edwards, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. No: Councilman Ross. This resolution was duly ADOPTED. #160 Moved by Councilman Edwards, seconded by Councilman Ross, it was RESOLVED that the Town Board of the Town of Southold, as lead agency, accepts the Supplemental SEQRA Review prepared by Nelson, Pope & Voorhis dated February 23, 2004 on 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", and re-affirms the Nee[ative Declaration adopted December 2, 2003. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #161 Moved by Councilman Ross, seconded by Councilman Romanelli, WHEREAS the Town of $outhold is committed to farmland preservation and promoting affordable housing through smart growth development principles and recognizes that these initiatives could work February 24, 2004 Southold Town Board meeting 24 together in achieving much needed affordable housing through the transferring of development rights from farmland to overcome and comply with the Suffolk County Department of Health Service's sanitary flow restrictions that pertain to areas not served by municipal sewage systems and, WHEREAS per current SCDHS policy, development rights from active agricultural lands do not qualify as sanitary flow credits, thereby eliminating the possibility to jointly promote farmland preservation with smart growth affordable housing initiatives in a town that is striving to preserve its socio-economic diversity and agricultural heritage, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby calls upon the Suffolk County Executive~ Suffolk County Legislature~ Suffolk County Department of Health and Suffolk County Planning Commission to review the current SCDHS policy that prohibits the transference of development rights in the form of sanitary flow credits off of active agricultural lands and be it further RESOLVED that the Town Board respectfully requests that upon conclusion of review of this policy that the Suffolk County Executive and County Legislature exercise legislative authority over the SCDH and direct the SCDH to amend its policy to allow for the transference of development rights as sanitary flow credits from active agricultural lands and be it further RESOLVED that a copy of this resolution be forwarded to Suffolk County Executive Levy, the Suffolk County Legislature, Suffolk County Planning Commission, Suffolk County Department of Health Services, the ten Town Boards of Suffolk County, Governor Pataki, NY State Senator LaValle, Assemblywoman Acampora, Assemblyman Thiele, Senators Schumer and Clinton, Congressman Bishop, the Long Island Farm Bureau, the NY State Farm Bureau, Long Island Regional Planning Board and the County Executive's Commission on Affordable Housing. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #162 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 advertise for bids to provide the Solid Waste District with biodegradable paper leaf bags, in accordance with specifications provided by the Solid Waste Coordinator. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #163 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby grants a refund of $3~000.00 to Peconic Design and Construction as the application has been withdrawn from the Planning Board. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #164 Moved by Councilman Romanelli, seconded by Councilman Wickham, it was February 24, 2004 Southold Town Board meeting 25 RESOLVED that the Town Board of the Town of Southold hereby grants a refund of $1~000.00 to Peconic Design and Construction as the application has been withdrawn from the Town Board for the Change of Zone. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #165 Moved by Councilman Edwards, seconded by Councilman Ross, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Norton to execute an agreement with Bradley & Associates to assist the Town of Southold in the development of a new animal shelter. SUPERVISOR HORTON: ! just want to make sure that it is here for me to sign right after this resolution. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #166 Moved by Councilman Ross, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Scott DeSimone as Special Council to the Assessor's Office for tax grievances. COUNCILMAN ROSS: Mr. DeSimone is an attorney who practices, who resides in the town and who has practiced in this field for many years and ! am sure that he will do a good job and we are lucky to get him. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #167 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby designates Supervisor Joshua Y. Norton to serve as police commissioner pursuant to Article 10 of New York State Town Law, to serve without additional compensation and at the pleasure of the Town Board. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans. Abstain: Supervisor Horton. This resolution was duly ADOPTED. #168 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 Comptroller to purchase a supplemental extended policy for Public Officials Liability Coverage for a period of three years at a cost of $25,359.00. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. February 24, 2004 Southold Town Board meeting This resolution was duly ADOPTED. 26 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that this Town Board meeting be and hereby is recessed in order to hold three (3) public hearings on (1.) HEARING ON "A LOCAL LAW IN RELATION TO A NEW CHAPTER 97 'WETLANDS AND SHORELINE' OF THE CODE OF THE TOWN OF SOUTHOLD; (2.) HEARING ON THE WAIVER APPLICATION OF BARRY SAVITS, SCTM #1000-68-4-16.1 AND (3.) HEARING ON THE WAIVER APPLICATION OF CONSTANTINE IONNOU, SCTM #1000-23-1-14.7 AND 1000-23-2-5.6. Vote of the Town Boar& Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Meeting reconvened at #169 Moved by Councilman Romanelli, seconded by Councilman Edwards, WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 20th day of January 2004 a Local Law entitled "A Local Law in relation to a new Chapter 97 'Wetlands and Shoreline' of the Code of the Town of Southold' and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were heard. RESOLVED that the Town Board of the Town of Southold hereby enacts the following Local Law: LOCAL LAW NO. 6 2004 A Local Law entitled "A Local Law in relation to a new 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 Southold 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. Rapid growth, the spread of development and increasing demands upon natural resources are encroaching upon or eliminating many of the Town 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. 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) February 24, 2004 Southold Town Board meeting 27 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. 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. The Board of Trustees and the Town have used the moratorium time during the year 2003 and early 2004 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 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. The Town Board declares that it is necessary 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 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 February 24, 2004 Southold Town Board meeting 28 critical wildlife and plant habitat; navigation; 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. 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 97 of the Code of the Town of Southold is hereby amended as follows: The existing Chapter 97 is stricken in its entirety and replaced with the following: 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. Coastal erosion -- See Ch. 37. ARTICLE I, General Provisions § 97-10. Title. This chapter shall be known and may be cited as the "Wetlands 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 Trustee's 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 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. February 24, 2004 Southold Town Board meeting 29 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 $outhold 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. BLUFF LINE - The landward limit of a bluff that 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. BOAT/VESSEL -Any floating object capable of carrying people as a means of transportation in water, including an airplane capable of landing on water as well as any floating structure not otherwise considered to be part of a dock structure as defined herein, with or without means of propulsion that can be moored independently or can be secured by any means to a piling, dock, bulkhead, groin, or other fixed device located above or below mean high water. This definition excludes floating docks. BOARD - Unless otherwise indicated, the Board of Trustees of the Town of $outhold. BUFFER AREA - A defined area landward of a wetland boundary, coastal erosion hazard line or bluff line 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. This definition excludes gabions and revetments. 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. 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. This definition also includes removal of dead and dying vegetation. CLERK - Unless otherwise indicated, the Clerk of the Board of Trustees. COASTAL EROSION HAZARD L1NE - The landward boundary of the Coastal Erosion Hazard Area defined by Article 34 of the New York State Environmental Conservation Law. COMMERCIAL AGRICULTURE - Agriculture (See above) intended to earn an income. February 24, 2004 Southold Town Board meeting 30 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. 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, Hallock's Bay, Halls Creek, Hashamomuck Creek, Haywaters Cove, James Creek, Jockey Creek, Little Creek, Long Beach Bay, Mattituck Creek, Mattituck Inlet, Mud Creek, Paradise Point Creek, Pipes Neck Creek, Richmond Creek, Town Creek, West Creek, West Harbor, West Lake, Wickham Creek, Wunnewata Lagoon and Wunnewata Pond. CRITICAL ENVIRONMENTAL AREAS - All sites previously nominated by the Town of Southold and designated by the New York Sate Department of state as Critical Environmental Areas worthy of protection including: 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. 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". 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. DUNE - A ridge or hill of loose, windblown or artificially placed earth, the principal component of which is sand. EROSION CONTROL - Actions taken or structures installed to prevent the wearing away of the land or loss of soil by the action of water, ice or wind. Erosion control typically relates to stabilization of unvegetated soils resulting from excavation, grading, stockpiling, construction or other activities. FIXED DOCK - An elevated walkway which is constructed at a fixed height above grade and which extends seaward from the high water mark or a point landward. 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. 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. GABION - A shoreline structure consisting of stone and/or rock enclosed in a mesh cage or similar designed to stabilize soil or sediments. February 24, 2004 Southold Town Board meeting 31 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 HABITAT - The place where a plant or animal species naturally lives and grows; or characteristics of the soil, water, and biologic community (other plants and animals) that make this possible. HABITAT FRAGMENTATION - Destruction or impairment of habitat such that it results in breaks in areas of contiguous habitat. Habitat fragmentation can also cause a greater distance between adjacent (non-contiguous) habitats. These actions prevent the transfer of organisms, natural materials and energy within a habitat. Habitat fragmentation can result from the placement of physical barriers within a contiguous habitat or between adjacent habitats, but can also occur as a result of removal of vegetative cover, changes in sediment characteristics and/or changes in hydrology. 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 sub tidal structure designed to stabilize the toe of a slope or shore and often associated with boat basins or other navigable waterways. MANMADE POND - A 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. MARINA - 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. 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 the most previous 19 year period. MEAN LOW WATER (MLW) - The average of all the low heights observed over the most previous 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. MOORING - Anchoring for greater than 24 hours. NON DISTURBANCE BUFFER - An area, typically fifty (50) wide, immediately landward of the wetland boundary, shoreline structure, or other line designated by the Trustees where no operations, maintenance or other activities can take place. February 24, 2004 32 Southold Town Board meeting NON TURF BUFFER - Any pervious, material allowing for percolation of surface runoff into the soil, Examples include: natural vegetation, wood chips, mulch, gravel, and sand. Decks may be allowed if they are level or pitched away from the water, are pervious to precipitation and are constructed of materials other than treated lumber. Any and all runoff generated by such structures must be allowed to percolate into the ground directly below the structure. Fertilizers may not be used within the non turf buffer area. OPERATIONS - A. The removal of material from wetlands or otherwise within Trustee jurisdiction. B. The deposit of material on wetlands or otherwise within Trustee jurisdiction. C. The erection, construction, alteration or enlargement of any building, dock, pier, wharf, bulkhead, jetty, groin or other structure, temporary or permanent, on wetlands, or otherwise within the Trustees jurisdiction. D. Removing or otherwise affecting the growth of plants in wetlands or otherwise within Trustee jurisdiction. 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 individual, any combination of individuals, firm, partnership, association, society, corporation, joint-stock company, 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. 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. PROACTIVE RESTORATION - Restoration undertaken solely for the benefit of the natural environment and not associated with compensatory mitigation or other regulatory requirements. Proactive restoration typically includes planting of beneficial native vegetation (i.e. vegetative enhancement) in a natural setting at a time, place and in a position that are conducive to future survival and growth. RESIDENTIAL - Associated with a single or multiple family home, apartment or condominium, excluding marinas and public property. 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. February 24, 2004 Southold Town Board meeting 33 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. See Gabion. RIPRAP - A layer, 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 any building, structure or operations must be separated from a wetland boundary, coastal erosion hazard line or bluff 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 intentionally constructed structure on the shore composed of manmade or natural materials. See Structure. 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. SOUND - Long Island Sound, Fishers Island Sound and Block Island Sound SPAWNER SANCTUARY - 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 shoreline 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. TOWN WATERS - All the waters lying over Patent Lands (See definition). TROPICAL HARDWOOD - Any of a number of species of hardwood harvested from areas situated in the tropics (the region on either side of the equator). TRUSTEES - The Board of Trustees of the Town of Southold. 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 (FRESHWATER)" and "WETLANDS (TIDAL)." 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 February 24, 2004 Southold Town Board meeting 34 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. 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. WETLANDS (FRESHWATER)- A. "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 B. All lands and waters in the town which contain any or all of the following: (1) Lands and submerged lands commonly called "marshes," "swamps," "sloughs," "bogs" and "flats" supporting aquatic or semi-aquatic vegetation of the following types: (a) 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 ash (Fraxinum pennsylvanica), black ash (Fraxinus nigra), silver maple (Acer saccharinum), American elm (Ulmus americana) and larch (Larix laricina); (b) 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 occidentahs), common winterberry (Ilex verticillata) leatherleaf (Chamaedaphne calyculata), and swamp azalea (Rhododendron viscosum); (c) Emergent vegetation, including, among others, cattails (Typha spp.), pickerelweed (Pontederia cordata), bulrushes (Scirpus spp.), arrow arum (Peltandra virginica), arrowheads (Sagittaria spp.), common reed (Phragmites austrahs), wildrice (Zizania aquatica), bur-reeds (Sparganium spp.), purple loosestrife (Lythrum sahcaria), swamp loosestrife (Decodon verticillatus) and water plantain (Alismaplantago- aquatica); (d) Rooted, floating-leaved vegetation, including, among others, water-lily (Nymphaea odorata), water shield (Brasenia schreberi) and spatterdock (Nuphar spp.); (e) Free-floating vegetation, including, among others, duckweed (Lemna spp.), big duckweed (Spirodela polyrhiza) and watermeal (Wolffia spp.); (f) 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 spp.), rushes (Juncus spp.), cattails February 24, 2004 Southold Town Board meeting 35 ( Typha spp.), rice cut-grass (Leersia oryzoides), reed canary grass (Phalaris arundinacea), swamp loosestrife (Decodon verticillatus) and spikerush (Eleocharis spp. ) ; (g) Bog mat vegetation, including, among others, sphagnum mosses (Sphagnum spp.), bog rosemary (Andromeda glaucophylla), leatherleaf (Chamaedaphne calyculata), pitcher plant (Sarracenispurpurea) and cranberries (Vaccinium macrocarpon and V. oxycoccos); or (h) Submergent vegetation, including, among others, pondweeds (Potamogeton spp.), naiads (Najas spp.) bladderworts (Utricularia spp.), wild celery (Vallisneria americana), coontail (Ceratophyllum demersum), water milfoils (Myriophyllum spp.) muskgrass (Chara spp.), stonewort (Nitella spp.), water weeds (Elodea spp.) and water smartweed (Polygonum amphibium). (2) 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. (3) Lands and waters substantially enclosed by aquatic or semiaquatic vegetation as set forth in Subsection B(1) or be dead vegetation as set forth in Subsection B(2), the regulation of which is necessary to protect and preserve the aquatic and semiaquatic vegetation. (4) The waters overlying the areas set forth in Subsection B(1) and (2) and the lands underlying Subsection B(3). WETLANDS (TIDAL)- A. 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; B. All banks, bogs, meadows, fiats 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), groundsel (Baccharis halimfolia), marshmallow (Hibiscus spp.) 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. WALER - Structural member of a bulkhead used to hold the sheathing behind the pilings. Normally there are top and bottom walers. WHARF - See Pier. § 97-12. Declaration of Policy, Jurisdiction and Setbacks. A. Findings: 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. February 24, 2004 Southold Town Board meeting 36 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 giving due consideration to the reasonable economic and social development of the Town. In addition, 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. Therefore, the Town Board declares that the regulation of the wetlands of the Town of Southold is essential to the health, safety and welfare 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 functions 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; aquaculture; aesthetics; public access and recreation. In addition, the following resource area values 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 support 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, restoration and/or expansion on the resource area values listed above. C. Jurisdiction: The following areas are subject to protection under Chapter 97 of the Code of Southold. (1) Any freshwater wetland, tidal wetland, beach, dune, flat, marsh, swamp, wet meadow, bog, or vernal pool; (2) Any creek, estuary, stream, pond, or lake; (3) Land under water; (4) Land subject to tidal action; (5) Land within 100 feet of the areas listed above. D. Setbacks: The following minimum setbacks apply to any and all operations proposed on residential property within the jurisdiction of the Board of Trustees: (1) Wetland Boundary (a) Residence - one hundred (100) feet; (b) Driveway - fifty (50) feet; (c) Sanitary leaching pool (cesspool) - one hundred (100) feet; (d) Septic tank - seventy five (75) feet; (e) Swimming Pool and related structures - fifty (50) feet; (f) Landscaping or gardening - fifty (50) feet; (2) Bluff Line (a) Residence - one hundred (100) feet; (b) Driveway - one hundred (100) feet; (c) Sanitary leaching pool (cesspool) - one hundred (100) feet; (d) Swimming Pool and related structures - one hundred (100) feet; The Board of Trustees reserves the right to waive or alter these setbacks where site-specific and/or environmental conditions justify such action. § 97-13. Exceptions. February 24, 2004 Southold Town Board meeting 37 A. The provisions of this chapter shall not affect or prohibit nor require a permit for the following: (1) The ordinary and usual operations incidental to the harvesting of fish and shellfish. (2) The ordinary and usual operations relative to conservation of soil, vegetation, fish 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 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) 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. (7) The ordinary and usual maintenance or repair of a man-made pond as defined in (§ 97- 11). (8) Proactive restoration or enhancement projects conducted in cooperation with the Trustees including, but not limited to, salt marsh restoration, eelgrass plantings or other vegetative enhancement work. B. Nothing contained in this section shall 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 area within Trustee Jurisdiction (§ 97-12 C) without first obtaining 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 § 97-12 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. Concrete footings are not permitted within wetlands. (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 February 24, 2004 Southold Town Board meeting 38 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. (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. (11) 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 not to exceed twenty (20) feet wide as defined in (§ 97-11). § 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 is proposed, or in which structures are to be erected. The description shall be appropriately referenced to a permanent reference point or monument. (6) 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. February 24, 2004 Southold Town Board meeting 39 waive, (7) The manner in which the material will be removed or deposited, or structures erected. (8) 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 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 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. Any re-planting and restoration guidelines shall be in keeping with guidelines set by the Town of Southold. (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 on 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. (16) An Ethical Disclosure statement as provided by the Town of Southold relating to applications for permits and other governmental requests. (17) A statement indicating that submission of false information will result in rejection of the application and may subject the applicant to criminal sanctions. Waiver of certain requirements. The Trustees, upon request of the applicant for a permit, may in whole or in part, the provisions of Article II, § 97-21A 8, 11, 14 or § 97-27, 2 where it finds February 24, 2004 40 Southold Town Board meeting 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. A. Every application for a permit filed with the Clerk shall be accompanied by a filing fee of-two hundred fifty dollars ($250), which includes the first site visit, no portion of which shall be refundable. For structures that have been previously built without a permit the fee will be doubled. 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. Pursuant to New York State Law, all costs incurred by the Town for SEQRA review shall be paid by the applicant. D. Consultant Fee: The Board, at its discretion, depending on the scale and potential impact of proposed operations, 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 § 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, when appropriate, 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 February 24, 2004 Southold Town Board meeting 41 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 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. The submittal of additional paperwork after this time may result in delays in processing of the application. D. Hearing. 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 reviewed by the Trustees in accordance with the standards set forth in this chapter, 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. § 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, consistent with the purpose of this chapter. B. Fix the time by which operations must be commenced and within which they must be completed. C. Require the payment of inspection fees. D. Under certain circumstances the Board may require the submittal of"as-built" plans, upon completion of operations, stamped by a licensed surveyor 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 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 undertaking of financial responsibility. 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 contractor chosen to perform 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 an additional insured. § 97-25. Contents of permit. February 24, 2004 Southold Town Board meeting 42 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 approval. 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 permittee 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 permittee 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 permittee 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 permittee is required to notify the Trustees in writing one week prior to initiation of any and all operations." J. A statement that: "The permittee 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 (§ 97-29)." § 97-27 Construction and Operation Standards A. General. 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 may 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) Erosion control. Installation of an erosion control structure is necessary during any building, grading, landscaping or site work activity within Trustee jurisdiction. This structure may include, but is not limited to installation of a silt fence, hay bales, wood chip berm and silt booms. The placement of the erosion control structure(s) shall be determined by the Trustees or their designee. All intertidal construction and excavation requires the installation of a silt boom that will retain all suspended sediments within the immediate project area. February 24, 2004 Southold Town Board meeting 43 (3) New and remodeled homes. New and remodeled homes cannot be situated or modified such that they project closer to the wetland boundary than homes on either side of the subject lot. (4) 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 drywells 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 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. B. Shoreline Structures. The following standards are required for all operations relating to shoreline structures on residential properties. Operations conducted on properties zoned M1 or M2 may be given greater flexibility in these requirements given the water dependent nature of their use. (1) Bulkheads, Retaining Walls, Revetments and Gabions. (a) Only 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 neighboring properties. (c) Bulkheads on the Sound must be armored with stone. (d) All bulkhead construction and renovation work requires the establishment of a permanent non-turf buffer as defined by § 97-11. (e) Retaining walls are not permitted unless excessive erosion can be demonstrated. (f) 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. These restrictions do not apply to structures proposed landward of the wetland boundary. (g) The use of tropical hardwoods is not permitted unless it is certified by the Forest Stewardship Council or similar organization. February 24, 2004 Southold Town Board meeting 44 (h) New bulkheads in creeks and bays are prohibited, unless the operation involves construction of a low-sill bulkhead. (i) Machine excavation is prohibited in tidal and freshwater wetland areas. C. In Water. The following standards are required for all in water operations adjacent to residential properties. Operations conducted on properties zoned M1 or M2 may be given greater flexibility in these requirements given the water dependent nature of their use. (1) Jetties and Groins. General Rules (a) Only low-profile jetties as defined in § 97-11 will be permitted (b) Only 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) 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 (e) The use of tropical hardwoods is not permitted unless it is certified by the Forest Stewardship Council or similar organization. (f) 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. (2) Docks (a) 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. General Rules 1. 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 § 97- 27d, below and all other provisions of this law. 2. 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. 3. 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"), commercial copper quat (CCQ), creosote, penta products or homemade wood preservatives is prohibited for use February 24, 2004 Southold Town Board meeting 45 (b) in sheathing and decking. Similarly, the use of tropical hardwoods is prohibited unless it is certified by the Forest Stewardship Council or similar organization. Materials used for structural components shall be determined at the discretion of the Trustees. 4. All docks and gangways onto such docks shall provide a safe pedestrian surface at all times. 5. 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. 6. 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. 7. Except for structures used for water dependent uses, there shall be no permanent structure located on or above the docks, ramps and floats. 8. 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. 9. All applicants for docks, including catwalks and ramps, extending across the foreshore shall be required to give and maintain a public passing way, on the 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. 10. 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 1. 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. 2. Within creeks and other narrow waterways, no dock length shall exceed 1/3 the total width of the water body. Determination of the length of the dock must include the dimensions of the vessel. 3. 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 habitat fragmentation of vegetated wetlands, in Downs Creek, Hallocks Bay, Hashamomuck Creek and Pond and West Creek February 24, 2004 Southold Town Board meeting (c) 46 [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 duck blinds shall not be stored on tidal wetlands, other intertidal areas or freshwater wetlands. Regulations for the Placement and Configuration of Docking Facilities 1. Residential Docks: [a] Only one dock or mooring is permitted per residential lot. [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) feet wide and twenty (20) feet long except on Fishers Island if the need is demonstrated; 2. 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 (i.e., pier line) 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 unless a need for greater height is demonstrated. [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. [fi 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. If a float is 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. 2. Commercial Docks (Marinas, Yacht Clubs and Restaurants): Given the water dependant nature and economic benefit of properties zoned as M1 and M2, dock design constraints and placement restrictions will be given greater flexibility than would otherwise be allowed for residential uses. [a] Construction of new marinas and additions to existing marinas shall require establishment of a pump-out facility for vessel sanitary waste. February 24, 2004 Southold Town Board meeting 47 (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: [a] Whether the dock will impair navigation or be located in areas of high vessel traffic or vessel congestion; [b] Whether the dock will unduly interfere with the public use of waterways for swimming, boating, fishing, shellfishing, waterskiing and other water dependant activities; [c] Whether the dock will unduly interfere with transit by the public along the public beaches or foreshore; [d] Whether the dock will significantly impair the use or value of waterfront property adjacent to or near the dock; [e] Whether the dock will cause degradation of surface water quality and natural resources; [fi Whether the dock will cause habitat fragmentation and loss of significant coastal fish and wildlife habitats; [g] 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; [i] Whether the dock will unduly restrict tidal flow or water circulation; [j] Whether the dock will be safe when constructed; [k] Whether the dock will adversely affect views, viewsheds and vistas important to the community; [1] 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 [m] Whether adequate facilities are available to boat owners and/or operators for fueling, discharge of waste and rubbish, electrical service and water service (3) Dredging. (a) Creeks: (1) 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. (2) Dredging may be permitted when it can be demonstrated that the actions of man have resulted in impairment to water quality or habitat value. (3) Dredging in, or in close proximity to salt marsh vegetation (Distichlis spicata, Spartina alterniflora or Spartina patens) or seagrass (Ruppia maritia or Zostera marina) meadows is prohibited. (b) Freshwater wetlands: (1) Dredging of freshwater ponds may be permitted when it can be demonstrated that such action will restore the waterbody to a historic condition, improve water quality or habitat value. § 97-28. Standards for issuance of permit. February 24, 2004 Southold Town Board meeting 48 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. §97-30. Transferability. 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 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. February 24, 2004 Southold Town Board meeting 49 § 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. § 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 the Director of Code 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. Any person failing 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 February 24, 2004 Southold Town Board meeting 50 supervision of the approving authority. The Trustees reserve the right to require specific re-planting and restoration methods. (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 may be required. 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. 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 affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. Effective date This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. SUPERVISOR HORTON: ! would just like to point out that the typos that were entered into the record will become part of this legislation, if passed. COUNCILMAN ROMANELLI: The corrected typos. SUPERVISOR HORTON: So, those will be incorporated but they don't warrant significant change, which would require another public hearing. We can move forward with this. ! would just like to say that ! know the hard work that went into this by the Trustees and ! really applaud you for reaching out, prior to public hearing, prior to putting your draft forward; to get input from the community, from all people who would be involved or affected by this. And Chris Pickerill, thank you. Also, ! would like to say on my own behalf that where ! see this legislation as not particularly perfect, as no piece of legislation is perfect, there are some areas in this where ! feel are a bit subjective but ! think that what Mr. Costello said and what A1 reaffirmed, is that we will take another look at this in due time and have opportunity to massage this into even a better piece of legislation. But congratulations to you, ! think it is a real step towards upholding your stand on protecting the environment. COUNCILMAN WICKHAM: Josh, ! would just like to remind the Board of Trustees about the comments that Leslie Goss made. She basically is saying, we are open to passing this legislation but we are looking for a commitment from the Board in a written form that would give them reassurance about handling some of their applications, before such time as there would be any amendments. That is really what they are looking for. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. COUNCILMAN ROMANELLI: Does that mean that the moratorium is over with? SUPERVISOR HORTON: Well, it will expire on its own. COUNCILMAN ROMANELLI: When does it expire? SUPERVISOR HORTON: March 4th. That will be two out of three moratoriums down. February 24, 2004 Southold Town Board meeting 51 (At this point, the remaining two public hearings were held) SUPERVISOR HORTON: We have two resolutions that pertain to these past two hearings. ! think we should vote on it. ! am comfortable voting on it. COUNCILMAN ROMANELLI: I could vote on it tonight, yes, absolutely. SUPERVISOR HORTON: Bill? COUNCILMAN EDWARDS: I can't vote on it. SUPERVISOR HORTON: Dan? COUNCILMAN ROSS: I have looked at this. SUPERVISOR HORTON: ! can vote on this as well. Quite honestly, ! feel and if each individual Board member is given the discretion to, if! could finish, please, to weigh in on what their definition of hardship is, in my sense meets that clause because ! feel this is a clear case, it is not out there, there is no speculation as to whether this was held up by the Town, this was held up by the Town, two courts have said as much. COUNCILMAN ROSS: Do you want Tom to look into it further? COUNCILMAN WICKHAM: I would like to look into it further. And in the Savits case, I am not sure if they even were represented tonight. TOWN ATTORNEY FINNEGAN: I want to confirm that they received notice before you vote on Savits. COUNCILMAN WICKHAM: Yes, I just don't think that we should vote on that. What is two weeks? SUPERVISOR HORTON: What is two weeks? Well, it depends on what side of the pocketbook you are representing, holding. COUNCILMAN ROMANELLI: As far as Savits goes, they are not represented, they didn't get notice. I can understand that maybe we should check and see if they got notice before we speak and vote on theirs. SUPERVISOR HORTON: Okay, so on resolution 170, is that correct? COUNCILMAN ROMANELLI: That is Savits. SUPERVISOR HORTON: Savits. We will table... COUNCILMAN ROSS: Make a motion to adjourn it to the March 9, 2004 meeting. February 24, 2004 Southold Town Board meeting 52 SUPERVISOR HORTON: That is seconded by Councilman Wickham. The motion to table this to the March 9th meeting is passed. # 170 TABLED #171 Moved by Councilman Ross, seconded by Councilman Wickham, it was RESOLVED that this resolution be tabled until the March 9, 2004 Town Board meeting. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham. No: Councilman Romanelli, Supervisor Horton. This resolution FAILED. #171 Moved by Councilman Romanelli, seconded by Supervisor Horton, WHEREAS an application has been made by Constantine Ionnou for a waiver from the provisions of Local Law #3 of 2002 (and extensions thereof) entitled "Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Major Subdivisions, Minor Subdivisions and Special Exception Use Permits and Site Plans containing Dwelling Unit(s) in the Town of Southold" pursuant to Section 6 "Appeal Procedures", to permit the Planning Board to consider an application for a minor subdivision for the parcel of property known as SCTM# 1000-23-1-14.7; and WHEREAS the application involves the subdivision of a 6.8 acre parcel into 3 lots; and WHEREAS the Town Board has reviewed the file, conducted a public hearing, and considered all pertinent documents; and WHEREAS the criteria that the applicant must meet is set forth in Section 6. (Appeal Procedure) of Local Law #3-2002 and the extensions of said Local Law, and the section states: Section 6. APPEAL PROCEDURES a. The Town Board shall have the authority to vary or waive the application of any provision of this Local Law, in its legislative discretion, upon its determination, that such variance or waiver is required to alleviate an extraordinary hardship affecting a parcel of property. To grant such request, the Town Board must find that a variance or waiver will not adversely affect the purpose of this local law, the health, safety or welfare of the Town of Southold or any comprehensive planning being undertaken in the Town. The Town Board shall take into account the existing land use in the immediate vicinity of the property and the impact of the variance or waiver on the water supply, agricultural lands, open and recreational space, rural character, natural resources, and transportation infrastructure of the Town. The application must comply with all other applicable provisions of the Southold Town Code. WHEREAS the Town retained a "moratorium group" consisting of in-house and outside planners and attorneys who have developed a "Comprehensive Implementation Strategy" of the Comprehensive Plan of the Town of Southold, and certain comprehensive planning currently being undertaken includes, but is not limited to, 80% preservation of open space throughout the Town and a 60% reduction in density, clear establishment of the Hamlet Centers, and a possible Transfer of Development Rights component (a full description of the "action" is set forth in the SEQRA Resolution dated January 7, 2003 for the Southold Comprehensive Implementation Strategy which is incorporated by reference into this decision); and February 24, 2004 Southold Town Board meeting 53 WHEREAS, planning work is proceeding during the moratorium, which was extended January 6, 2004 for an additional 180 days.. The issues facing the Town of Southold and possible solutions to those issues are complex. Legislative solutions have not yet been agreed upon, and the Town continues to face significant development pressure; and WHEREAS the Town Board finds that the applicant has demonstrated an extraordinary hardship, in that he has expended large sums of money to date on the project and has spent five years in litigation regarding his ability to subdivide the property; and WHEREAS the Town Board finds that the application is not in contrast with the extensive planning initiatives being undertaken by the Town, or the Comprehensive Plan of the Town of Southold; and WHEREAS the Town Board finds that this application will not adversely affect the purpose of the Local Law # 3 of 2002 and the extensions thereof; and WHEREAS the Town Board of the Town of Southold finds that the application will not adversely affect the health, safety, or welfare of the Town of Southold; and WHEREAS the Town Board of the Town of Southold finds that the minor subdivision application is consistent with the existing land use in the surrounding area and has a minimal impact on water supply, rural character, natural resources and transportation infrastructure of the Town; and WHEREAS the Town Board of the Town of Southold finds that the application has no effect on agricultural lands and open and recreational space; and WHEREAS based on the application, all relevant documentation, the comments set forth at the public hearing on this matter, the comprehensive planning currently being undertaken by the Town, the above referenced facts, and the criteria set forth in Local Law No. 3 of 2002 and the extensions thereof, Section 6. Appeals Procedures, the applicant has met its burden pursuant to the criteria; and Be it RESOLVED by the Town Board of the Town of Southold that the application is hereby approved. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Romanelli, Supervisor Horton. No: Councilman Wickham. This resolution was duly ADOPTED. SUPERVISOR HORTON: ! believe that concludes our resolutions. COUNCILMAN EDWARDS: Supervisor, ! have one more resolution ! would like to offer, if! may? SUPERVISOR HORTON: Certainly. You have a resolution you would like to put on the table? #172 Moved by Councilman Edwards, seconded by Councilman Romanelli, WHEREAS the Town Board has today received a letter from Southold Town Tax Receiver George Sullivan expressing his personal opinion on a personnel matter outside his department and; WHEREAS his letter was printed on official town letterhead bearing his official title hereby creating an official town statement, not that of a private citizen, now therefore be it RESOLVED that the Town Board of the Town of Southold acknowledges receipt of this letter with concern as it has been determined by the Town Attorney and Town Board that Mr. Sullivan's use of his official title and letterhead to express his personal opinion is inappropriate to his role as an officer of the town, and be it further RESOLVED that the Town Attorney is directed to notify Mr. Sullivan in writing that the Town Board considers his action an inappropriate use of his office. February 24, 2004 Southold Town Board meeting 54 COUNCILMAN EDWARDS: I might add here that I certainly endorse Mr. Sullivan's or anybody's right to write to the Town Board or the Town Supervisor on any matter, including personnel matters. However, that is a matter that a person does as a citizen, not as an official of the Town and the fact that this letter was copied to the individual in question and copied to the individuals union makes it clear that it was essentially a public letter, which would seem, if ! were in the union or ! were the individual; to represent some sort of a Town opinion on the matter, which it is not. ! think it is confusing the public. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Supervisor Horton. This resolution was duly ADOPTED. SUPERVISOR HORTON: That concludes our resolutions. At this point, we do turn the floor again over to the public to address the Board on town related issues. Mrs. Wolf. MRS. WOLF: I know you are tired and I know I was very flattering before and I don't take anything back. On the issue of the new shelter, could you please give us some kind of a timetable, ! mean, where are we? SUPERVISOR HORTON: That is very reasonable question. MRS. WOLF: Just run it through for us. SUPERVISOR HORTON: Actually, ! will look to Councilman Wickham, who has put a lot of time and energy into this. COUNCILMAN WICKHAM: We have developed a time frame that involves a whole series of steps that will result in construction starting within this year. We had said, earlier, late fall or early winter of this year. We have every expectation of having construction starting then. Laying out all of the time frames to do all of the steps preparatory to that. And the first step, at this stage is to engage an architect with experience in animal shelters to review the plans that we have, preliminary plans, which can then be the basis of going out to hire an architect to prepare the design drawings. SUPERVISOR HORTON: And there is an entire, in that process, obviously we would have to set public hearing on bonding portions of this or all of this project. We would also have to send out an RFP, request for proposals, for interested parties that would want to engage or have the Town engage their services to construct it, which is, it can be a time consuming process. Which is something that we really have to stay on top of to make sure that it moves along. MRS. WOLF: It sounds good and promising and I will just leave a copy of the letter (inaudible). SUPERVISOR HORTON: ! have it. Thank you very much, Mrs. Wolf. Would anybody else care to address the Town Board? WALTER BLUM: ! am Walter Blum from Greenport. The issue that ! would like to bring to the Town Board is the Greenport Village boundaries. ! want to say right off the bat that ! am not against affordable housing, ! am against cluster building and from what ! am reading and what ! am hearing, February 24, 2004 Southold Town Board meeting 55 this is what Mayor Kapell wants to do. I understand being a Southold resident, a Southold Town resident, that we are not inside the boundaries of the Greenport Village and we chose that on purpose, because we felt that we did want room and space, as do I think all the Board members here. They also suggested they wanted two acre zoning. Some people here have even suggested five acre zoning. And then to have someone like Mayor Kapell come and want to switch the boundaries so that he can expand, that on one acre, he can put 10 families, is just totally against everything that I believe. I don't know what you feel, I would like to hear your opinions, I think also we haven't really gotten any real specific information, it has been very vague, I don't know whether that is on purpose, I don't know why we are not looking into it a lot deeper. SUPERVISOR HORTON: Actually, perhaps to address that. You know, I reserve my opinion at this point because I, too, don't have specifics, nor does this Board. This Board hasn't formally seen a proposal from the Village and the next step for the Board to do is actually have a joint meeting of the two Boards, so we can know what the Village Board is discussing. And at that point, impacts that ! think, impacts would have to be evaluated and many of those impacts, ! think, are ones we are probably not even thinking of right now. You know, aside from taxes and so forth. There are many impacts that have to be evaluated and done so professionally, if the Board's agree to move forward. MR. BLUM: ! agree 100 percent. ! just think that there has been too much promoting it in the newspaper and ! think that if he wants to promote it in the newspaper, then he ought to at least get your permission, too, to see what you feel-what your position is. SUPERVISOR HORTON: If the newspapers choose to report on something, they don't need my permission. MR. BLUM: But he is writing letters to the newspaper, too. SUPERVISOR HORTON: Well, you would have to take that up with the Village Board. MR. BLUM: Right. And of course, you did mention that there would be taxes that would be drastically changed in the community because it would mean an upsurge, just in the one zone, in the one by my house, there is 17.6 acres and if they built on say, 14 of those acres because you probably have to leave a certain amount of land for roads or whatever... SUPERVISOR HORTON: And there is plenty of wetland in there, too. MR. BLUM: And there is a little bit of wetlands in there, too. If you used maybe 13 or 14 acres, you are talking about 140 families in there and the impact of maybe 200 cars or 150 cars because most people have at least one car, ! don't think that we are ready for that. ! don't think the Board should, you know, if this was a builder coming up here and suggesting this, he would be thrown out. He wouldn't stand a chance. SUPERVISOR HORTON: I think that... MR. BLUM: ! don't understand why we are even, you know, it should be addressed. February 24, 2004 56 Southold Town Board meeting SUPERVISOR HORTON: Well, and the only way for the Town Board to address it is to meet with the Village Board. Because we have about as much information as you have. MR. BLUM: ! mean, he is even throwing it out that it doesn't need a referendum, which ! find appalling. He said that... SUPERVISOR HORTON: ! don't know what you are referring to when you say, he said. MR. BLUM: Well, ! am talking about... SUPERVISOR HORTON: You should take that up with Mayor Kappell but there is a process by which a referendum, a legal process by which a referendum is mandatory. MR. BLUM: Well, the point ! am bringing to you is because you represent me and ! am the one that voted you in. So because of that, that is why ! am coming to you. ! am not a Board carrying member of the Village of Greenport, ! don't have anything to say with the Village and ! so believe that that is the problem. SUPERVISOR HORTON: One thing that ! can tell you is that this Board will evaluate all aspects of any plan extremely carefully and we will make sure that there is professional input so those impacts are evaluated objectively and thoroughly. MR. BLUM: Okay. Thank you. SUPERVISOR HORTON: Thank you. Are there other comments from the floor? Benja. MR. SCHWARTZ: Thank you. ! have some information involving the Troxel, the will of Patricia Toner Troxel and .... SUPERVISOR HORTON: Before you continue, one moment, please. Please continue. MR. SCHWARTZ: ! am sorry, ! didn't hear you. SUPERVISOR HORTON: ! was just making sure that we can legally speak about this. MR. SCHWARTZ: ! believe that the Town has made application to the court .... SUPERVISOR HORTON: ! am just making sure that was filed and any discussion on our part wouldn't be premature. MR. SCHWARTZ: From what ! have heard, three of these Board members were present, that are present here tonight, were present at a meeting with the League and agreed to support the League to try and secure this bequest... SUPERVISOR HORTON: Are you here on behalf of the League? February 24, 2004 Southold Town Board meeting 57 MR. SCHWARTZ: No. SUPERVISOR HORTON: And the reason I ask this question, Mr. Schwartz, is because we are working very hard, we are working harder than you can imagine on getting a new animal shelter built. On working hand in hand with the North Fork Animal Welfare League to make sure that we have a well run facility and ! am going to tell you know, that ! am not engaging in any type of acrimony that may be generated around the issue of the Animal Shelter or our contract with the North Fork Animal Welfare League simply because, for us, the most important thing is that we are meeting our obligation to the animals. MR. SCHWARTZ: I am not here to engage in any acrimony. I am just here to trying to find out.. SUPERVISOR HORTON: Well, ! am not going to comment on any hearsay at a meeting you were not at. MR. SCHWARTZ: Did the Town file a motion to join a lawsuit regarding the Troxel bequest? SUPERVISOR HORTON: No lawsuit, no. MR. SCHWARTZ: There is a proceeding, a legal proceeding. SUPERVISOR HORTON: But we have not filed a lawsuit, we have filed an affidavit listing three viable options to the courts. MR. SCHWARTZ: I have seen court papers which were filed. TOWN ATTORNEY FINNEGAN: We filed a motion to intervene in that action. MR. SCHWARTZ: A motion to intervene, which is a motion to become a party to the action. Not just an affidavit. SUPERVISOR HORTON: Okay. MR. SCHWARTZ: The Town is entering into litigation. When did the Town decide to do this? To enter into this litigation, to file that motion? SUPERVISOR HORTON: That would have been sometime, January, February. MR. SCHWARTZ: Well, from what I have heard, it was done over the telephone. SUPERVISOR HORTON: Mr. Schwartz, that the Town is proceeding in an effort to acquire, to be helpful in the process of acquiring some money that was left to... MR. SCHWARTZ: That is not what I believe is happening here. SUPERVISOR HORTON: Well, ! am not on trial here, Mr. Schwartz, so this conversation is over. February 24, 2004 Southold Town Board meeting 58 MR. SCHWARTZ: I am not saying you are trial, can I say what I have to say then? SUPERVISOR HORTON: This conversation is over. This conversation about that is over. MR. SCHWARTZ: Well, can I say what I came here tonight to say? Can I speak? SUPERVISOR HORTON: Please. MR. SCHWARTZ: I have a statement here, I am just going to read it through. It is one page. To prevail in the litigation, Southold will have to prove that Southold or that Southold-Raynor is Animal Welfare organization, similar to the League. Unlike the Town Board, which authorized this motion to intervene, the court will probably be aware that Southold is a municipal corporation and Southold- Raynor is a shell, formed to give Southold a not-for-profit image. SUPERVISOR HORTON: No, actually it is a shell that is designed to specifically help the Town and the taxpayers of this Town to build a new shelter. End of story. MR. SCHWARTZ: What is wrong with the North Fork Animal Welfare League? SUPERVISOR HORTON: We are working hand in hand. MR. SCHWARTZ: Well, that is not what I have heard. Let me finish, please. Southold, wearing the hat of a not-for-profit corporation is like a dog pretending to be a cat. Is Southold a law firm because it has an office of Town Attorney? Has the Southold-Raynor Foundation, which claims to be an Animal Welfare Organization, ever cared for a single animal? Now that Southold is in court competing with the League and supporting Southold-Raynor and not supporting the League, there are five organizations competing for this bequest. Unfortunately, I believe that considering the actions of Southold Town, it is most likely that the bequest will now go to the Kent Animal Shelter in Calverton or to the Canine Companions for Independence, founded in California, with locations nationwide including Farmingdale and in Medford, where they are building a $3 or $5 million project. Before the Town filed their motion and Southold-Raynor filed their motion, there were only three organizations competing for the bequest and I believe the League was the most likely one to receive it at that time. If Southold had consulted to the League and worked with them in court, I think that the bequest would have come to Southold Town, whether it came to the League or to the Town, it would have benefited the North Fork of Long Island. From my reading of the papers and my understanding of the law, I don't believe that it is going to benefit the North Fork, unfortunately. I hope that I am wrong. However, as a municipal corporation, Southold only has the rights and powers provided to it specifically in the law that the charter of this corporation is the state law. Apparently, Southold decided to move to intervene in this litigation by a telephone vote. According to opinions from the State Comptroller of New York, Town Board members cannot cast votes by telephone on any matter which require Board approval. Excuse me? SUPERVISOR HORTON: This did not require a vote. MR. SCHWARTZ: Okay. Well, I heard there was a vote. February 24, 2004 Southold Town Board meeting 59 SUPERVISOR HORTON: Mr. Schwartz, may ! ask just one question? MR. SCHWARTZ: Yeah, sure. SUPERVISOR HORTON: At the end of the day, if the $300,000 some odd goes to the North Fork Animal Welfare League, if it goes to the Town or if it goes to the Raynor Foundation, at the end of the day, if that money goes to building a new shelter, who loses? Nobody. Nobody. We all win. MR. SCHWARTZ: If those were the choices, that would be fine. But the League asked the Town to support the League in court and ! believe that as a team, the League and the Town would have prevailed but now, the Town is competing, the Town has said that they prefer that the money go directly to the Town and not go to the League. So the Town has taken the legal position in court contrary to the League. SUPERVISOR HORTON: Have you actually seen the papers? MR. SCHWARTZ: Yes, ! have. ! have read the papers. SUPERVISOR HORTON: You have read the affidavit that we filed? MR. SCHWARTZ: That you signed. SUPERVISOR HORTON: So then you clearly can't believe what you have just said. MR. SCHWARTZ: You tell me then what... SUPERVISOR HORTON: The argument is over. It is 10:05 at night and all we are trying to do is build an animal shelter. Are there other comments from the floor? Do you have more that you would like to contribute? MR. SCHWARTZ: Well, ! would like to at least finish up what ! have to say. SUPERVISOR HORTON: Please. Continue. MR. SCHWARTZ: ! appreciate that you are willing to take the time to listen and are willing to discuss this. ! hope that ! might have the opportunity to do so in other forums, not just here in public. ! have tried to contact some of the members of the Board and it is difficult to get a hold of people. Some of them don't have, Mr. Ross has no contact information on the website, there is no e-mail, no phone number. COUNCILMAN ROSS: ! am in the phone book. MR. SCHWARTZ: Well, ! will give you a call. ! do hope that we can get things moving. ! just feel that the motion made by the Town is not going to help, it is going to be a step backwards and ! think the League should have been consulted before the Town changed its mind. And the Town told the February 24, 2004 Southold Town Board meeting 60 League it was going to do one thing and changed its mind without consulting with the League. that is not the way you work together. Okay? Thank you. To me, SUPERVISOR HORTON: Thank you. This meeting is adjourned. Moved by Supervisor Horton, seconded by Councilman Romanelli, it was RESOLVED that this Town Board meeting be and hereby is declared adjourned at 10:08 P.M. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Supervisor Horton. This resolution was duly ADOPTED. Elizabeth A. Neville Southold Town Clerk