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Home My WebLink AboutTB-10/26/2004-SSOUTHOLD TOWN BOARD SPECIAL MEETING October 26, 2004 3:00 P.M. Supervisor Horton opened the Special Meeting of the Southold Town Board, held Tuesday, October 26, 2004 at the Southold Town Hall, Southold, New York at 3:00 P.M. Present: Absent: Supervisor Joshua Y. Horton 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 Justice Louisa P. Evans Moved by Supervisor Horton, seconded by Councilman Edwards, it was RESOLVED that the Southold Town Board meeting be and hereby is declared convened for the purposes of a public meeting of the Southold Town Board. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Supervisor Horton. This resolution was duly ADOPTED. SUPERVISOR HORTON: This is for purposes of setting a public hearing for the preliminary budget, actually, let me rephrase that. We set the public hearing for the preliminary budget, this is for purposes of adopting a preliminary budget and having it noticed in this Thursday's official newspaper and for the purposes of setting a public hearing for the Historic Preservation Code. October 26, 2004 2 Southold Town Board-Special Meeting #767 Moved by Supervisor Horton, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold does hereby prepare and approve as the Preliminary Budget of the Town of Southold for fiscal year beginning on the 1 st day of January, 2005, the itemized statement of estimated revenues and expenditures hereby attached and made a part of this resolutions; and be it further RESOLVED that this Board shall meet at 4:00 o'clock p.m. on the 4th day of November, 2004, for the purpose of holding a public hearing on the Preliminary Budget, and after all persons attending said hearing shall have had an opportunity to be heard in favor or against the Preliminary Budget as compiled, or for or against any item or items therein contained, that said hearing be then recessed and thereafter be convened at 7:30 o'clock p.m. on said day for the same purpose; and be it further RESOLVED that the Town Clerk shall give notice of such hearings in the manner provided in Section 108 of the Town Law and that such notice be published in substantially the following form: LEGAL NOTICE NOTICE OF PUBLIC HEARING ON THE 2005 PRELIMINARY BUDGET AND 2005 PRELIMINARY CAPITAL BUDGET NOTICE IS HEREBY GIVEN that the Preliminary Budget and Preliminary Capital Budget of the Town of Southold, Suffolk County, New York for the fiscal year beginning on. January 1, 2005 has been compiled and filed in the Office of the Town Clerk at the Southold Town Hall, 53095 Main Road, Southold, New York, where they are available for inspection and where copies may be obtained by any interested person during business hours. FURTHER NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold will meet and review said Preliminary Budget and Preliminary Capital Budget and hold a public hearing thereon at the Southold Town Hall, 53095 Main Road, Southold, New York, in said Town at 4:00 o'clock on the 2005 Preliminary Budget and 2005 Preliminary Capital Budget as compiled, and or for or against any item therein contained. FURTHER NOTICE IS HEREBY GIVEN that pursuant to Section 108 of the Town Law, the following are proposed yearly salaries of members of the Town Board, the Town Clerk and the Superintendent of Highways: SCHEDULE OF SALARIES OF ELECTED OFFICIALS (ARTICLE 8 OF TOWN LAW) Officer Salary Supervisor Members of the Town Board (4) @ Town Justice and Member of the Town Board, Fishers Island Town Justices (2) @ Town Clerk Superintendent of Highways $ 83 000 28 000 33 200 43 623 69 581 86 940 October 26, 2004 Southold Town Board-Special Meeting Tax Receiver Assessors (3) @ Trustees (5) @ 31,350 59,866 14,000 SUMMARY OF TOWN BUDGET 2005 PRELIMINARY Appropriations Less: Less: and Provisions Estimated Jnexpended Amount to be Code Fund for Other Uses Revenues Balance Raised by Tax A General $20,620,397 $4,115,664 1,968,987 14,535,746 B General-Outside Village 1,709,540 975,35(: 220,517 513,673 DA ~lighway-Townwide 2,250 30(: 125,000 (123,050) DB Highway-Outside Village 4,455,946 258,30(: 369,564 3,828,082 CD Community Development 164,300 164,30(: 0 CS Risk Retention Fund 1,045,000 1,045,00(: 0 H3 Community Preservation Fund 10,614,688 3,564,00(: 7,050,688 0 MS Employees Health Plan 2,607,000 2,607,00(: 0 Total-Town $41,219,121 $12,729,914 $9,734,756 18,754,451 SF East-West Fire Protection District $418,958 $60(: $5,300 413,058 SM Fishers Island Ferry District 2,309,000 1,909,00(: 400,000 SR Solid Waste Management District 3,522,825 2,112,20(: 120,185 1,290,440 SS1 Southold Wastewater District 139,450 2,00(: 137,450 SS2 Fishers Island Sewer District 20,000 17,70(: 2,300 0 F.I. Waste Management District 599,400 599,400 Orient Mosquito District 74,650 74,650 Subtotal-Special Districts $7,084,283 $4,041,50(: $127,785 2,914,998 Orient-East Marion Park District $25,000 $15(: $24,850 Southold Park District 315,000 315,000 Cutchogue-New Suffolk Park Dist. 0 rVlattituck Park District 494,730 18,80(: 70,000 405,930 Subtotal-Park Districts $834,730 $18,95(: $70,000 $745,780 Fishers Island Fire District $343,400 $3,40(: $340,000 Orient Fire District 348,421 2,00(: 346,421 East Marion Fire District 391,030 2,07(: 388,960 Southold Fire District 1,209,775 3,00(: 1,206,775 Cutchogue Fire District 1,482,375 57." 1,481,800 rV]attituck Fire District 1,374,331 1,374,331 Subtotal-Fire Districts $5,149,332 $11,04." SC $5,138,287 ~l-otaI-AIIUistricts J $13,068,345J$4,071,495~ $197,785J $8,799,065J ~Grand Totals This Page J $54,287,466J$16,801,409.L $9,932,541] $27,553,516J October 26, 2004 4 Southold Town Board-Special Meeting 2005 Tax Statistics Preliminary [ 2004 Tentative Assessed Values Per Assessors ] Assessed Valuations Fund For 2004 For 2005 Amount Percentage Change Change Whole Town 101,872,561 104,244,710 2,372,149 2.33% Part Town 97,788,938 99,342,843 1,553,905 1.59% Solid Waste District 99,571,329101,897,400 2,326,071 2.34% Wastewater District 93,672,399 95,180,615 1,508,216 1.61% [ Appropriations 2004 Approp Per Revised 2005 Amount Percentage Fund Budget Approp Change Change General Fund Whole Town General Fund Part Town Highway Fund Whole Town Highway Fund Part Town Community Development Subtotal 19,587,914 20,620,397 1,032,483 5.27% 1,752,026 1,709,540 -42,486 -2.42% 2,450 2,250 -200 -8.16% 4,150,182 4,455,946 305,764 7.37% 164,300 164,300 0 0.00% 25,656,872 26,952,433 1,295,561 5.05% Solid Waste District Scavenger Waste District Total Appropriations 3,572,684 3,522,825 -49,859 -1.40% 245,702 139,450 -106,252 -43.24% 29,475,258 30,614,708 1,139,450 3.87% [ Taxes 2004 2005 Amount Percentage Fund Taxes Taxes Change Change General Fund Whole Town General Fund Part Town Highway Fund Whole Town Highway Fund Part Town Subtotal 13,962,268 14,535,746 573,478 4.11% 442,976 513,673 70,697 15.96% -109,550 -123,050 -13,500 12.32% 3,629,882 3,828,082 198,200 5.46% 17,925,576 18,754,451 828,875 4.62% Solid Waste District Scavenger Waste District Total Taxes 1,555,484 1,290,440 -265,044 -17.04% 132,702 137,450 4,748 3.58% 19,613,762 20,182,341 568,579 2.90% [ Tax Rate 2004 2005 Amount Percentage Fund Tax Rate Tax Rate Change Change General Fund Whole Town General Fund Part Town Highway Fund Whole Town Highway Fund Part Town Subtotal 136.649 139.439 2.790 2.04% 4.530 5.171 .641 14.14% -1.075 -1.180 -.105 -9.80% 31.120 38.534 7.414 23.82% 171.224 181.963 10.739 6.27% Solid Waste District Scavenger Waste District Total Tax Rate 15.620 12.664 -2.956 -18.92% 1.417 1.444 .027 1.91% 188.261 196.071 7.810 4.15% October 26, 2004 Southold Town Board-Special Meeting Revenues 2004 Revenues Per Revised 2005 Amount Percentage Fund Budget Revenues Change Change General Fund Whole Town General Fund Part Town Highway Fund Whole Town Highway Fund Part Town Community Development Subtotal Solid Waste District Scavenger Waste District Total Revenues 3,617,646 4,115,664 498,018 13.77% 980,050 975,350 -4,700 -0.48% 0 300 300 N/A 281,300 258,300 -23,000 -8.18% 164,300 164,300 0 0.00% 5,043,296 5,513,914 470,618 9.33% 2,065,479 2,112,200 46,721 2.26% 91,000 2,000 -89,000 -97.80% 7,199,775 7,628,114 428,339 5.95% [ Appropriated Fund Balance 2004 APP FB Per Revised 2005 Amount Percentage Fund Budget APP FB Change Change General Fund Whole Town General Fund Part Town Highway Fund Whole Town Highway Fund Part Town Community Development Subtotal 2,008,000 1,968,987 -39,013 -1.94% 329,000 220,517 -108,483 -32.97% 112,000 125,000 13,000 11.61% 239,000 369,564 130,564 54.63% 0 0 0 0.00% 2,688,000 2,684,068 -3,932 -0.15% Solid Waste District Scavenger Waste District Total Appropriated Fund Balance 36,000 120,185 84,185 233.85% 22,000 0 -22,000 -100.00% 2,746,000 2,804,253 58,253 2.12% Vote of the Town Board: Aye: Councilman Edwards, Councilman Romanelli, Supervisor Horton. This resolution was duly ADOPTED. Councilman Ross, Councilman Wickham, SUPERVISOR HORTON: That hearing is already set for November 4th. #768 Moved by Supervisor Horton, seconded by Councilman Romanelli, WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 26th day of October, 2004 a Local Law entitled "A Local Law in relation to the Preservation of Historic Landmarks"; 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 November 16, 2004 at 5:00 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to the Preservation of Historic Landmarks" reads as follows: October 26, 2004 6 Southold Town Board-Special Meeting LOCAL LAW NO. 2004 A Local Law in relation to the Preservation of Historic Landmarks. BE IT ENACTED by the Town Board of the Town of Southold as follows: I. CODE AMENDMENT. Chapter 56 of the Code of the Town of Southold is hereby repealed in its entirety and replaced with the following: § 56-1. Title. This chapter shall be known and may be cited as the "Historic Preservation Law of Southold Town." § 56-2. Purpose. Within the Town of Southold there exist landmarks of special historic significance, which by reason of their history, antiquity, uniqueness, architecture and/or character contribute to a strong sense of identity within their communities and provide tangible linkages to the Town's historic, architectural and cultural heritage. The Town of Southold believes it important to afford proper recognition to these historic landmarks and to protect them from incompatible alterations or demolition and maintain them for the continuing recognition, use and enjoyment of current and future residents and visitors of the Town. By the enactment of this Local Law, it is the Town's intention to meet these objectives and those set forth by the Town in its comprehensive planning documents and Local Waterfront Revitalization Program, by: (a) Emphasizing as a statement of local policy that the conservation, protection, enhancement and preservation of such historic landmarks is necessary to promote the cultural, economic, educational and general welfare of the Town's residents; (b) Encouraging the identification and recognition of historic resources which represent distinctive elements of historic, architectural and cultural heritage; and (c) Providing for the careful, thoughtful and informed evaluation of any proposed demolition or removal or alteration of the facade of any historic landmark affected by this Local Law; and (d) Promote heritage tourism. § 56-3. Definitions. Unless specifically defined below, words or phrases in this Local Law shall be interpreted as to give them the same meaning they have in common usage and as to apply this Local Law consistent with its statement of purpose. ADAPTIVE REUSE - A process that adapts buildings for new uses while retaining their historic features. ALTERATION - Any act, process or work that significantly changes the exterior appearance or exterior architectural features of a landmark, including the renovation, restoration, reconstruction, obstruction, addition to or removal of any part of such a landmark. DEMOLITION - The destruction, razing, disassembly or collapse of a landmark, or the engagement in acts that will necessarily cause such effect. FACADE - The exterior of the face of a landmark immediately facing a public street. HISTORIC - Those landmarks designated as such pursuant to {}56-10 of this Chapter. REMOVAL - Any relocation of a landmark on its site or to another site. § 56-4. Prohibition on Certain Activities Without Certificate of Appropriateness from Historic Preservation Commission. October 26, 2004 7 Southold Town Board-Special Meeting No person shall carry out any of the following activities without first obtaining a Certificate of Appropriateness specifically permitting such activity from the Town of Southold Historic Preservation Commission: (a) the demolition or removal of landmarks designated as "historic" pursuant to {}56-10 of this Local Law; or (b) the alteration of the facade of landmarks designated as "historic" pursuant to {}56-10 of this Local Law. No demolition or building permit shall be issued for such activities without such Certificate of Appropriateness. The Certificate of Appropriateness required by this Chapter shall be in addition to and not in lieu of any building permit that may be required by any other Chapter of the Town Code of the Town of Southold. § 56-5. Procedure for Historic Preservation Commission Review. (a) In all cases where a Certificate of Appropriateness is required by the Historic Preservation Commission, an applicant shall provide the Historic Preservation Commission with the following information on the prescribed form: 1. location, tax map number, and photographs of each side of the landmark; and a brief description of the landmark indicating (approximate) date of construction, name of architect (if known), historic and/or architectural and archaeological significance and a description of its setting, including related grounds, accessory buildings and structures and property boundaries, the nature of the work proposed, and elevation drawings, if available; 2. history of the recent (i.e., past 10 years) use, occupancy and ownership of the property; 3. name, address and telephone number of the individual, contractor, or corporation performing the work; 4. application fee receipt; and 5. any information required by the Historic Preservation Commission to make a determination on an application. (b) The Historic Preservation Commission shall hold a public hearing within sixty (60) days after receipt of an application completed in accordance with this Section. At the hearing, all interested persons shall be provided the opportunity to present their views. Notice of the public hearing shall be published at least once in a newspaper of general circulation in the Town, i.e., the Town's official newspaper, at least ten (10) days prior to the date of the public hearing. At the hearing, the Historic Preservation Commission may take testimony and entertain the submission of written evidence from any person. (c) The Historic Preservation Commission shall act to approve, deny or approve with conditions the application for a Certificate of Appropriateness within sixty (60) calendar days after the conclusion of the hearing except where such time shall be extended by mutual agreement of the Historic Preservation Commission and the applicant. Such determination shall be in writing and accompanied by findings, which findings shall seek to balance, to the extent practicable, the objectives of the applicant with broader issues that may be associated with the value of the historic site or landmark to the community's heritage. Within seven (7) days following the determination, the applicant shall be sent by registered mail either an October 26, 2004 8 Southold Town Board-Special Meeting Certificate of Appropriateness or a denial and a copy thereof shall be provided to the Building Department of the Town. In the case of the granting of a Certificate of Appropriateness, the Historic Preservation Commission shall be empowered to impose reasonable conditions upon the applicant to ensure that the activity is conducted in a manner which is consistent with the spirit and intent of this Local Law. A denial of the application shall be accompanied by a written statement of the reasons for the denial. In the case of denial, the Historic Preservation Commission shall be required to make recommendations to the applicant concerning reuse or restoration of the landmark. The Historic Preservation Commission may also notify a governmental agency with the authority to acquire the property and prevent its demolition through exercise of its power of eminent domain. {}56-6. Criteria for Approval of Demolition or Removal of Historic Landmarks. (a) In passing upon an application for Certificate of Appropriateness of demolition or removal, the Historic Preservation Commission decision shall consider whether: 1. the landmark is of such architectural or historic interest that its demolition or removal would be to the detriment of the public interest; 2. retention of the landmark in its current form or location is important to the Town's history or character; 3. the landmark is of such old and unusual or uncommon design, texture and material that it could not be reproduced or be reproduced only with great difficulty; 4. retention of the landmark would help preserve and protect an historic place or area of historic interest in the Town; and 5. retention of the landmark will promote the general welfare by maintaining and increasing real estate values and encourage interest in American and local history and architecture. (b) If the Historic Preservation Commission determines that an application for Certificate of Appropriateness of demolition or removal should be denied, the applicant may apply for relief on the ground that the determination results in a hardship in accordance with the procedures in {}56-7. § 56-7. Hardship Criteria for Approval of Demolition, Removal or Alteration of Historic Landmarks. If the Historic Preservation Commission denies an application for the demolition, removal or alteration of a landmark designated as "historic" pursuant to {}56-10 of this Local Law, the applicant may request approval from the Town Board on the grounds that the prohibition on such demolition or removal will subject the applicant to undue hardship. In evaluating whether such prohibition will subject the applicant to undue hardship, the Town Board shall consider the following criteria: (a) Whether the owner is capable of earning a reasonable return on investment without such demolition, removal or alteration; (b) Whether the landmark can be altered, restored, renovated or adapted for any other use pursuant to a Certificate of Appropriateness under this Chapter, either by the owner or a subsequent purchaser, which would enable a reasonable return; (c) Whether removal or alteration is necessary or appropriate to preserve the landmark; October 26, 2004 Southold Town Board-Special Meeting (d) Whether the claimed hardship has been self-created by waste, neglect, or failure to maintain the landmark; and (e) The public interest in preserving the landmark and its relation to the historic character of the community and Town. Nothing herein shall be construed to prevent the demolition, removal or alteration of any structure which has been determined by resolution of the Town Board of the Town of Southold to be dangerous or unsafe. § 56-8. Criteria for Approval of Alteration of the Facade of Historic Landmarks. The Historic Preservation Commission, in reviewing an application for the alteration of the facade of landmarks designated as "historic" pursuant to {}56-10 of this Local Law, shall, in addition to the factors enumerated in {}56-6(a), consider the following criteria: (a) Whether the proposed alteration is consistent with principles of adaptive reuse, whereby the principal historic features of the landmark are maintained while permitting the use of the landmark for new uses other than its original use; (b) The similarity in design, architecture and appearance of the proposed alteration with the historic design, architecture and appearance; (c) The necessity for complying with the applicable building codes or other federal or state regulations; (d) The necessity of such alteration to allow for a use of the property permitted by the Town Code in the applicable zoning district; and (e) The public interest in preserving the historic features of the landmark and its relation to the historic character of the community and Town. § 56-9. Powers and Duties of the Historic Preservation Commission. A. There is hereby created a commission to be known as the Town of Southold Historic Preservation Commission. The Historic Preservation Commission shall consist of five (5) members to be appointed by the Town Board, to the extent available in the community, as follows: 1. At least one member shall be an architect experienced in working with historic buildings; 2. At least one member shall have demonstrated significant interest in and commitment to the field of historic preservation; and 3. All members shall have a known interest in historic preservation and architectural development within the Town of Southold. B. Members of the Historic Preservation Commission shall serve for a term of four years with the exception of the initial term of one of the members which shall be for one year, two which shall be for two years, and two which shall be for three years. C. There shall be a Secretary to the Commission who shall be responsible for the keeping of meeting minutes, publication of meeting minutes, posting of public notices and any other relevant duties. D. The Chair, the Vice Chair and the Secretary of the Commission shall be elected by and from the members of the Commission annually at the first regular meeting of the calendar year, except for the first organizational meeting convened after this local law is enacted. E. The powers of the Commission shall include: 1. Employment of staff and professional consultants as necessary to carry out the duties of the Commission, within the limits of appropriations of the Town Board; October 26, 2004 10 Southold Town Board-Special Meeting 2. Promulgation of rules and regulations as necessary for the conduct of its business; 3. Conduct of surveys of significant historic, architectural, and cultural landmarks and historic districts within the Town; 4. Designation and recommendation of identified landmarks or resources as historic landmarks; 5. Recommend acceptance to the Town Board of the donation of faCade easements and development rights, and the making of recommendations to the Town Board concerning the acquisition of faCade easements or other interests of real property as necessary to carry out the purposes of this act; 6. Increasing public awareness of the value of historic, cultural, and architectural preservation by developing and participating in public education programs; 7. Making recommendations to Town government concerning the utilization of state, federal or private funds to promote the preservation of landmarks and historic districts within the Town; 8. Recommending acquisition of a landmark by the Town Board where its preservation is essential to the purposes of this act and where private preservation is not feasible; and 9. Approval or disapproval of applications for Certificates of Appropriateness of demolition, alteration or economic hardship pursuant to this act. F. The Commission shall meet at least monthly, but meetings may be held at any time on the written request of any two of the Commission members or on the call of the Chair. G. A quorum for the transaction of business shall consist of 3 of the Commission's members, but not less than a majority of the full authorized membership may grant or deny a Certificate of Appropriateness. H. All members shall attend and complete relevant training programs as the Town Board may require. I. The Commission shall publish and update as needed "A Guide to Historic Preservation in Southold Town. § 56-10. Designation of Historic Landmarks. (a) The Historic Preservation Commission shall have the authority to recommend that the Town Board designate individual landmarks as "historic" and thereby subject to the provisions of this Chapter, if such landmarks: 1. Qualify for inclusion on the State or National Registers of Historic Places; or 2. Possess significant character or historic, aesthetic or archaeological interest or value as part of the cultural, architectural, economic or social heritage of the community or Town, i.e., those included on the Society for the Preservation of Long Island Antiquities List (SPLIA); or 3. Are the site of an historic event or are identified with historic personages; or 4. Possess a unique location or physical characteristic, thereby representing an established and familiar visual feature of the community or Town. 5. Owners of landmarks that meet the qualifications for designation under any of the above sections (a)1.-4. may apply to have their properties granted landmark status and to be covered by this Chapter. Those properties currently on the SPLIA list are automatically considered eligible, and may formally request designation. October 26, 2004 Southold Town Board-Special Meeting 11 The Town Clerk shall send notice pursuant to Chapter 58 of the Town Code of any such proposed designation to the owner of record of the property proposed for designation, describing the property proposed and announcing a public hearing by the Town Board to consider the designation. Once the Town Board has issued notice of a proposed designation, no demolition or building permits shall be issued with regard to the property until the Town Board has made its decision on the proposed designation. The Town Board shall hold a public hearing prior to taking action on any proposed designation. The Historic Preservation Commission, owners and any interested parties may present any relevant testimony or documentary evidence at the hearing, all of which will become part of the record. The record may also contain staff reports, public comments, and other evidence offered outside of the hearing. (b) Notwithstanding the foregoing, the landmarks located within the Town of Southold listed, as of the effective date of this Local Law, on the Southold Town Designated Landmarks Roster, the State or National Registers of Historic Places, or listed as "contributing buildings or sites" in a State or National Register Historic District or National Landmark District, are hereby designated as "historic" for the purposes of this Chapter. A listing of such landmarks is annexed hereto and made a part of this Local Law. § 56-11. Appeals. Any person aggrieved by a decision of the Historic Preservation Commission relating to an application under this Chapter may, within thirty (30) days of the decision, file a written application with the Town Board for review of the decision. Reviews shall be conducted based on the same record that was before the commission and using the criteria set forth in this Chapter. § 56-11. Enforcement. All activities conducted and work performed pursuant to a Certificate of Appropriateness of the Historic Preservation Commission under this Local Law shall conform to the specific requirements of the Certificate of Appropriateness. It shall be the duty of the Code Enforcement Officer to inspect periodically any such activities or work to ensure compliance. In the event it is determined that such activities or work are not being conducted or performed in accordance with the Certificate of Appropriateness, the Code Enforcement Officer shall issue a stop work order and all affected activities and work shall immediately cease. No further affected activities or work shall be undertaken while the stop work order is in effect. § 56-12. Violations. Any violation of the provisions of this Local Law shall be violation of the Town Code and shall be punishable by a fine not to exceed one thousand dollars ($1000.00). Each week's continuing violation shall constitute a separate violation. The Town Attorney is authorized and directed to cooperate with the Code Enforcement Officer to institute any and all actions and proceedings necessary to enforce this Local Law. Any civil remedy shall be in addition to and not in lieu of any criminal prosecution or penalty. §56-13. Fees. An applicant may be charged a fee by the Historic Preservation Commission for the cost of processing and reviewing an application for a Certificate of Appropriateness, including reasonable costs incurred for its private consultants, and for the actual cost of preparation and publication of each public notice of hearing with respect to any application. All such fees shall be in accordance with a fee schedule established and periodically reviewed by the Town Board. II. Severability. October 26, 2004 Southold Town Board-Special Meeting 12 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. lll. Effective Date. This Local Law shall be effective immediately upon its filing in the Office of the Secretary of State. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Supervisor Horton. This resolution was duly ADOPTED. #769 Moved by Councilman Romanelli, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Heather Tetrault~ Environmental Technician of the office of the Board of Town Trustees~ and Mark Terrv~ Environmental Planner, to attend the Peconic Estuary Storm water Assessment and Planning Meeting, Thursday October 28 at 9:30 am in the Riverhead Legislative Auditorium being run by the Peconic Estuary Program Office of Ecology. All travel expenses, registration fees, etc. to be a legal charge to the Trustees and Planning Board 2004 budget respectively. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Supervisor Horton. This resolution was duly ADOPTED. Moved by Supervisor Horton, seconded by Councilman Wickham, it was RESOLVED that this public meeting of the Southold Town Board be and hereby is declared adjourned. 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