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Home My WebLink AboutAG-10/11/2005ELIZABETH NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER AGENDA SOUTHOLD TOWN BOARD October 11, 2005 4:30 PM Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631) 765-1800 southoldtown.northfork.net Councilman William P. Edwards [] [] [] Councilman Daniel C. Ross [] [] [] Councilman John M. Romanelli [] [] [] Justice Louisa P. Evans [] [] [] Supervisor Joshua Y. Horton [] [] [] Town Clerk Elizabeth A. Neville [] [] [] Town Attorney Patricia A. Finnegan [] [] [] POLICY: At scheduled Town Board meetings, the attending public is encouraged to briefly address the Town Board relating to agenda resolutions prior to their enactment; the public will also be given time at the conclusion of the regularly scheduled business agenda to address the Board on any given topic. Call to Order. Pledge of Allegiance. I. REPORTS Subject Details 1. Recreation Department Monthly Report 2. Southold Animal Shelter Monthly Report 3. Southold Animal Shelter Monthly Report 4. Town Clerk Monthly Report 5. Town Clerk Quarterly Report 6. Programs for the Aging ~ugust 2005 July 2005 ~ugust 2005 September 2005 3rd Quarter September 2005 Events II. PUBLIC NOTICES None III. COMMUNICATIONS None IV. FOR DISCUSSION None Southold Town Meeting Agenda - October 11, 2005 Page 2 V. RESOLUTIONS Accept the Minutes of August 2, 2005 7:30 PM William P. Edwards [] [] [] [] [] Accepted Daniel C. Ross [] [] [] [] [] Accepted as Amended Thomas H. Wickham [] [] [] [] [] Tabled Jotm M. Rom~elli [] [] [] [] Lo,flsa P. Evm~s [] [] [] [] Joshua Y. Horton [] [] [] [] 2005-618 CA TEGORY: Audit DEPARTMENT: Town Clerk ~lpproval of ~ludit Dated Octoberl 1 2005 RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated October 11~ 2005. [] Adopted William P. Edwm'ds [] [] [] [] [] Adopted as Amended Daniel C. Ross [] [] [] [] [] Defeated Thomas H. Wickham [] [] [] [] [] Tabled Jotm M. Rom~elli [] [] [] [] [] Withch-awn Lo,flsa P. Evm~s [] [] [] [] Joshua Y. Horton [] [] [] [] 2005-619 CATEGOR~ DEPARTMEN~ Set Meeting Town Clerk Set Next Regular Town Board Meeting 10/25/05 RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, October 25, 2005 at the Southold Town Hall, Southold, New York at 7:30 P. M.. [] Adopted William P. Edwm'ds [] [] [] [] [] Adopted as Amended Daniel C. Ross [] [] [] [] [] Defeated Thomas H. Wickham [] [] [] [] [] Tabled Jotm M. Rom~elli [] [] [] [] [] Withch-awn Lo,flsa P. Evm~s [] [] [] [] Joshua Y. Horton [] [] [] [] Southold Town Meeting Agenda - October 11, 2005 Page 3 2005-620 CATEGOR~ DEPARTMEN~ Surplus Equip - Non Usable Police Dept Authorize and Direct the Town Clerk to Advertise Police Department Surplus Equipment is Available on Www. Propertybureau. Corn RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise that the Police Department will have surplus property available for bid www.propertybureau, com (an online auction site)for a period of sevemeen (17) momhs in both local newspapers for two (2) consecutive weeks [] Adopted William P. Edwm'ds [] [] [] [] [] Adopted as Panended Daniel C. Ross [] [] [] [] [] Defeated Thomas H. Wickham [] [] [] [] [] Tabled Jotm M. Rom~elli [] [] [] [] [] Wit hob-awn Lo,flsa P. Evm~s [] [] [] [] Joshua Y. Horton [] [] [] [] 2005-621 CATEGOR~ DEPARTMEN~ Employment Accounting Salary Increase for FI Megan Bence RESOLVED that the Town Board of the Town of Southold hereby releases Megan Bence from the position of seasonal clerk for Fishers Island Ferry District and appoints her to the position of part time Clerk for the Fishers Island Ferry District effective September 15, 2005, at a rate of $12.00 per hour. [] Adopted William P. Edwm'ds [] [] [] [] [] Adopted as Panended Daniel C. Ross [] [] [] [] [] Defeated Thomas H. Wickham [] [] [] [] [] Tabled Jotm M. Rom~elli [] [] [] [] [] Wit hob-awn Lo,flsa P. Evm~s [] [] [] [] Joshua Y. Horton [] [] [] [] Southold Town Meeting Agenda - October 11, 2005 Page 4 2005-622 CATEGOR~ DEPARTMEN~ Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Joshua J~ Horton to Enter Into an ]ntermunicipal Cooperation Agreement with the Town of Shelter lsland RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to enter into an Intennunicipal Cooperation Agreement with the Town of Shelter Island providing for the limited shared use of Southold's wood grinder and Shelter Island's asphalt grinder, subject to the approval of the Town Attorney. [] Adopted William P. Edwm'ds [] [] [] [] [] Adopted as Amended Daniel C. Ross [] [] [] [] [] Defeated Thomas H. Wickham [] [] [] [] [] Tabled Jotm M. Rom~elli [] [] [] [] [] Withch-awn Lo,flsa P. Evm~s [] [] [] [] Joshua Y. Horton [] [] [] [] 2005-623 CA TEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grants Permission to the Mattituclc Lions Club to Use Certain Town Roads for Its A nnaul Halloween Parade on Monday, October 31, 2005 At 6:00 P.M. RESOLVED that the Town Board of the Town of Southold hereby grants ~ermission to the Mattituck Lions Club to use the following roads for its Annual Halloween Parade on Monda¥~ October 31~ 2005 at 6:00 PM: Pike Street, Westphalia Avenue, Sound Avenue, and Love Lane, Mattituck, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and notify Capt. Flatley within ten (10) days of the approval of this resolution to coordinate traffic control. Southold Town Meeting Agenda - October 11, 2005 Page 5 [] Adopted William P. Edwm'ds [] [] [] [] [] Adopted as )anended Daniel C. Ross [] [] [] [] [] Defeated Thomas H. Wickham [] [] [] [] [] Tabled Jotm M. Rom~elli [] [] [] [] [] Withch-awn Lo,flsa P. Evm~s [] [] [] [] Joshua Y. Horton [] [] [] [] 2005-624 CATEGOR~ DEPARTMEN~ Bid Acceptance Police Dept Authorize and Direct Supervisor Joshua Y. Horton to Accept the Donation of a 1990 Oldsmobile Cutlass for Use on Fishers Island RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to accept the donation of a 1990 Oldsmobile Cutlass, 4 door sedan, color brown, in "as is" condition to be used on Fishers Island for the Fishers Island Conservancy. [] Adopted William P. Edwm'ds [] [] [] [] [] Adopted as )anended Daniel C. Ross [] [] [] [] [] Defeated Thomas H. Wickham [] [] [] [] [] Tabled Jotm M. Rom~elli [] [] [] [] [] Withch-awn Lo,flsa P. Evm~s [] [] [] [] Joshua Y. Horton [] [] [] [] 2005-625 CATEGOR~ DEPARTMEN~ Attend Seminar Planning Board Grant Permission to Senior Environmental Planner Mary Terry to Attend a NYS Community and Waterfront Revitalization Conference Entitled "Heritage Centers & Corridors - Looking Back for the Future "In Farmingdale, 3Jew York Southold Town Meeting Agenda - October 11, 2005 Page 6 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Senior Environmental Planner Mark Terr~ to attend a NYS Conummit~ and Waterfront Revitalization conference entitled "Heritage Centers & Corridors - Looking Back for the Future" in Farmingdale, New Yorlq on October 19, 2005. All expenses for registration, travel and lodging (if necessary) to be a legal charge to the 2005 General Fund Part Town (B.8020.4.600.200) budget. Yes/Aye No/Nay Abstain Absent [] Adopted W~liam P. Edwm'ds [] [] [] [] [] Adopted as Amended Daniel C. Ross [] [] [] [] [] Defeated Thomas H. Wickham [] [] [] [] [] Tabled Jotm M. Rom~elli [] [] [] [] [] Wit hch-awn Lo,flsa P. Evm~s [] [] [] [] Joshua Y. Horton [] [] [] [] 2005-626 CATEGOR~ DEPARTMEN~ Attend Seminar Police Dept Grant Permission to D/Sgt John Sinning and Det Steven Harned to ~IttendM~IGLOCLE~V Training Seminar In Egg Harbor Township, New Jersey RESOLVED that the Town Board of the Town of Southold hereby grants permission to Detective Sergeant John Sinning and Detective Steven Harned to attend a seminar on Sex Crimes Training in Egg Harbor Township~ New Jersey sponsored by MAGLOCLEN~ commencing Wednesda¥~ November 16 through Friday~ November 18~ 2005. All expenses for registration, travel and lodging to be a legal charge to the 2005 Police training line budget A.3120.4.600.200. [] Adopted William P. Edwm'ds [] [] [] [] [] Adopted as Amended Daniel C. Ross [] [] [] [] [] Defeated Thomas H. Wickham [] [] [] [] [] Tabled Jotm M. Rom~elli [] [] [] [] [] Withch-awn Lo,flsa P. Evm~s [] [] [] [] Joshua Y. Horton [] [] [] [] Southold Town Meeting Agenda - October 11, 2005 Page 7 2005-627 CATEGOR~ DEPARTMEN~ Contracts, Lease & Agreements Town Attorney Authorize and Direct Supervisor Horton to Execute a Quitclaim Deed with Respect to the Easterly Portion of Swamp Road WHEREAS, in 1969 the Town of Southold formally abandoned a roadway known as Swamp Road in Cutchogue that had never been developed; and WHEREAS, in 1973 the Town of Southold quit claimed the westerly portion of Swamp Road to the adjacent properly owner, but neglected to do so with regard to the easterly portion; and WHEREAS, the owners of the easterly portion of Swamp Road have been assessed and are paying real properly taxes to the Town of Southold on that portion; now, therefore, IT IS HEREBY RESOLVED, that Supervisor Joshua Y. Horton of the Town of Southold is hereby authorized and directed to sign a Quitclahn Deed with respect to the easterly portion of Swamp Road, to the current adjacent properly owners to the east. [] Adopted William P. Edwm'ds [] [] [] [] [] Adopted as )anended Daniel C. Ross [] [] [] [] [] Defeated Thomas H. Wickham [] [] [] [] [] Tabled Jotm M. Roma~elli [] [] [] [] [] Withch-awn Lo,flsa P. Evm~s [] [] [] [] Joshua Y. Horton [] [] [] [] 2005-628 CA TEGORY: Attend Seminar DEPARTMENT: Human Resource Center Grant Permission to Terry Van Etten, $ite Manager and Jean DeLorme, Neighborhood Aide, to Attend the Career Track Supervisory Training ln Hauppauge, New York Southold Town Meeting Agenda - October 11, 2005 Page 8 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Terr~ Van Etten, Site Manager and Jean DeLonne, Neighborhood Aide, to attend the Career Track Supervisory training in Hauppauge, New York on Wednesday, November 16, 2005. The registration fee of $258.00 for both attendees, and shall be a legal charge to the Southold Town Senior Services 2005 budget line number A.6772.4.600.500. [] Adopted William P. Edwm'ds [] [] [] [] [] Adopted as Amended Daniel C. Ross [] [] [] [] [] Defeated Thomas H. Wickham [] [] [] [] [] Tabled Jotm M. Roma~elli [] [] [] [] [] Withch-awn Lo,flsa P. Evm~s [] [] [] [] Joshua Y. Horton [] [] [] [] 2005-629 CATEGOR~ DEPARTMEN~ Attend Seminar Human Resource Center Grant Permission to dean DeLorme, Neighborhood .4 ide, to .4 trend the Geriatric Care Manager Certificate Education and Training Program Sponsored by Stony Brook University, Manhattan Campus, New Fork RESOLVED that the Town Board of the Town of Southold hereby grants ~ermission to Jean DeLorme, Neighborhood Aide, to attend the Geriatric Care Manager Certificate Education and Training Program sponsored by Stony Brook University, Manhattan Campus, New York November 3 7, 2005. All expenses for registration, travel and lodging to be a legal charge to the 2005 Programs for the Aging budget A.6772.4.600.500. [] Adopted W~liam P. Edwm'ds [] [] [] [] [] Adopted as Amended Daniel C. Ross [] [] [] [] [] Defeated Thomas H. Wickham [] [] [] [] [] Tabled Jotm M. Rom~elli [] [] [] [] [] Wit hch-awn Lo,flsa P. Evm~s [] [] [] [] Joshua Y. Horton [] [] [] [] Southold Town Meeting Agenda - October 11, 2005 Page 9 2005-630 CATEGOR~ DEPARTMEN~ Employment Recreation Authorize and Direct the Town Clerk to Advertise for the Position of Part Time Clerk Typist In the Recreation Department RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for the position of part thne clerk typist in the Recreation Department, 3.5 hours a day, 17.5 hours/week [] Adopted William P. Edwm'ds [] [] [] [] [] Adopted as Panended Daniel C. Ross [] [] [] [] [] Defeated Thomas H. Wickham [] [] [] [] [] Tabled Jotm M. Roma~elli [] [] [] [] [] Withch-awn Lo,flsa P. Evm~s [] [] [] [] Joshua Y. Horton [] [] [] [] 2005-631 CATEGOR~ DEPARTMEN~ Employment Human Resource Center Release Jean Rocco From Position of PT Mini Bus Driver and Appoint to PT Food Service Worker RESOLVED that the Town Board of the Town of Southold hereby releases Jean Rocco from the position of Part-Thne Mini Bus Driver at the Human Resource Center and be it further RESOLVED that the Town Board of the Town of Southold hereby appoints Jean Rocco to the position of a Part-Thne Food Service Worker for the Human Resource Center, effective October 10, 2005, at a rate of $11.28 per hour. [] Adopted William P. Edwm'ds [] [] [] [] [] Adopted as Panended Daniel C. Ross [] [] [] [] [] Defeated Thomas H. Wickham [] [] [] [] [] Tabled Jotm M. Rom~elli [] [] [] [] [] Wit hob-awn Lo,flsa P. Evm~s [] [] [] [] Joshua Y. Horton [] [] [] [] Southold Town Meeting Agenda - October 11, 2005 Page 10 2005-632 CATEGOR~ DEPARTMEN~ Employment Human Resource Center Release $ignorini From Position of Home Health Aide and Appoint to the Position of Senior Citizens Aide II RESOLVED that the Town Board of the Town of Southold hereby releases Elizabeth Signorini from the position of Part-Time Home Health Aide, and be it further RESOLVED that the Town Board of the Town of Southold hereby appoints Elizabeth Signorini to the position of Senior Citizens Aide II for the Human Resource Center, effective October 12, 2005, at a rate of $12.51 per hour. Yes/Aye No/Nay Abstain Absent [] Adopted William P. Edwm'ds [] [] [] [] [] Adopted as Panended Daniel C. Ross [] [] [] [] [] Defeated Thomas H. Wickham [] [] [] [] [] Tabled Jotm M. Rom~elli [] [] [] [] [] Wit hch-awn Lo,flsa P. Evm~s [] [] [] [] Joshua Y. Horton [] [] [] [] 2005-633 CATEGOR~ DEPARTMEN~ Employment Human Resource Center Appoint Beverly Z Norkelun to the Position of a Part-Time Home Health Aide RESOLVED that the Town Board of the Town of Southold hereby appoints Beverly J. Norkelun to the position of a Part-Time Home Health Aide for the Human Resource Center, effective October 12, 2005, at a rate of $11.28 per hour. Southold Town Meeting Agenda - October 11, 2005 Page 11 [] Adopted William P. Edwm'ds [] [] [] [] [] Adopted as Amended Daniel C. Ross [] [] [] [] [] Defeated Thomas H. Wickham [] [] [] [] [] Tabled Jotm M. Rom~elli [] [] [] [] [] Wit hch-awn Lo,flsa P. Evm~s [] [] [] [] Joshua Y. Horton [] [] [] [] 2005-634 CATEGOR~ DEPARTMEN~ Employment Human Resource Center Authorize and Direct the Town Clerk to Advertise for the Position of a Full Time Temporary Assistant Cook RESOLVED that the Town Board o£the Town of Southold hereby authorizes and directs the Town Clerk to advertise for the position of a full time temporary assistant cook £or the Human Resource Center in both papers £or two (2) consecutive weeks. [] Adopted William P. Edwm'ds [] [] [] [] [] Adopted as Amended Daniel C. Ross [] [] [] [] [] Defeated Thomas H. Wickham [] [] [] [] [] Tabled Jotm M. Rom~elli [] [] [] [] [] Withch-awn Lo,flsa P. Evm~s [] [] [] [] Joshua Y. Horton [] [] [] [] 2005-635 CATEGOR~ DEPARTMEN~ Budget Modification Human Resource Center Modify &e 2005 General Fund Whole Town Budget - Human Resource Center RESOLVED that the Town Board of the Town of Southold hereby modifies the 2005 General Fund Whole Town budget as follows: FROM: A.6772.4.100.500 Programs for the Aging $500.00 Motor Vehicle Parts/Supplies Southold Town Meeting Agenda - October 11, 2005 Page 12 TO: A.6772.4.600.500 Programs for the Aging $500.00 Seminars & Training [] Adopted William P. Edwm'ds [] [] [] [] [] Adopted as Panended Daniel C. Ross [] [] [] [] [] Defeated Thomas H. Wickham [] [] [] [] [] Tabled Jotm M. Roma~elli [] [] [] [] [] Wit hch-awn Lo,flsa P. Evm~s [] [] [] [] Joshua Y. Horton [] [] [] [] 2005-636 CATEGORD DEPARTMEN~ Employment Accounting Approve a Request for Extension of Leave Without Pay for Shannon Falcin for an Additional Six (6) Months RESOLVED that the Town Board of the Town of Southold hereby approves an extension of Shannon Yalcin's request to extend her leave without pay for 6 additional months from October 1st throug_~ April 1st of 2006 under Section lg of the CSEA contract. Such leave will be granted without benefits and upon expiration of such period of leave of absence the employee shall be restored to same or comparable position of employment if same is available. [] Adopted William P. Edwm'ds [] [] [] [] [] Adopted as Panended Daniel C. Ross [] [] [] [] [] Defeated Thomas H. Wickham [] [] [] [] [] Tabled Jotm M. Rom~elli [] [] [] [] [] Wit hob-awn Lo,flsa P. Evmis [] [] [] [] Joshua Y. Horton [] [] [] [] Southold Town Meeting Agenda - October 11, 2005 Page 13 2005-637 CATEGOR~ DEPARTMEN~ Budget Modification Human Resource Center Modify the General Fund ~Fhole Town 2005 Budget - HRC, Data Processing RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2005 budget as follows: To: Revenues: A. 2750.60 To: Appropriations: A. 1680.2.400.450 A. 1680.2.400.440 Programs for the Aging Other Agency Grants Data Processing PC Peripherals Data Processing Personal Computers $5,000.00 $2,325.00 $2,675.00 [] Adopted William P. Edwm'ds [] [] [] [] [] Adopted as Amended Daniel C. Ross [] [] [] [] [] Defeated Thomas H. Wickham [] [] [] [] [] Tabled Jotm M. Rom~elli [] [] [] [] [] Withch-awn Lo,flsa P. Evm~s [] [] [] [] Joshua Y. Horton [] [] [] [] 2005-638 CATEGOR~ DEPARTMEN~ Contracts, Lease & Agreements Town Attorney Authorize and Direct Supervisor Joshua Y. Horton to Execute the Agreement for Service and Statement of Work Between the Town of Southold and HTE FAR, LLC RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to execute the Agreement for Service and Statement of Work between the Town of Southold and HTE VAR~ LLC to install a new server and migrate from current server for Town Hall, subject to the approval of the Town Attorney. Southold Town Meeting Agenda - October 11, 2005 Page 14 [] Adopted William P. Edwm'ds [] [] [] [] [] Adopted as Amended Daniel C. Ross [] [] [] [] [] Defeated Thomas H. Wickham [] [] [] [] [] Tabled Jotm M. Rom~elli [] [] [] [] [] Withch-awn Lo,flsa P. Evm~s [] [] [] [] Joshua Y. Horton [] [] [] [] 2005-639 CATEGOR~ DEPARTMEN~ Budget Modification Solid Waste Management District Modify the 2005 Solid Waste District Budget RESOLVED that the Town Board of the Town of Southold hereby modifies to the 2005 Solid Waste District budget~ as follows: To: Appropriations SR.8160.1.100.200 Personal Services Overtime Eamings $ 3,000.00 SR.8160.4.100.200 DieselFuel $10,000.00 SR.8160.4.100.550 Komatsu Payloader $ 2,000.00 SR.8160.4.100.650 Town Garbage Bags $15,000.00 SR.8160.4.100.800 Maint Facilities/Grounds $ 6,000.00 SR.8160.4.400.820 Plastic Recycling $ 1,500.00 SR.8160.4.600.300 Travel Reimbursement $ 250.00 From: Appropriations SR.8160.2.400.575 LawnMower $ 5,000.00 SR.8160.4.400.675 Repairs CAT 816B Compactor $ 3,000.00 SR.8160.4.400.810 C&D Removal $12,750.00 SR.8160.4.400.825 Glass Removal $ 2,000.00 SR.8160.4.500.100 NYS DEC Environmental Monitor $ 5,000.00 SR.8160.4.500.150 Groundwater Monitoring $10,000.00 [] Adopted William P. Edwm'ds [] [] [] [] [] Adopted as Amended Daniel C. Ross [] [] [] [] [] Defeated Thomas H. Wickham [] [] [] [] [] Tabled Jotm M. Rom~elli [] [] [] [] [] Withch-awn Lo,flsa P. Evm~s [] [] [] [] Joshua Y. Horton [] [] [] [] Southold Town Meeting Agenda - October 11, 2005 Page 15 2005-640 CATEGOR~ DEPARTMEN~ Pe~y Cash Solid WasteManagementDistrict Increase the Petty Cash Fund of the Solid Waste Management District RESOLVED that the Town Board of the Town of Southold hereby increases the petty cash fund of the Solid Waste Management District from $600.00 to $700.00. [] Adopted William P. Edwm'ds [] [] [] [] [] Adopted as Amended Daniel C. Ross [] [] [] [] [] Defeated Thomas H. Wickham [] [] [] [] [] Tabled Jotm M. Roma~elli [] [] [] [] [] Withch-awn Lo,flsa P. Evm~s [] [] [] [] Joshua Y. Horton [] [] [] [] 2005-641 CATEGOR~ DEPARTMEN~ Authorize to Bid Solid Waste Management District Authorize and Direct the Town Clerk to Advertise for Bid the Sale of Excess Gravel RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bid the sale of excess gravel at the Southold Town Transfer Station. [] Adopted William P. Edwm'ds [] [] [] [] [] Adopted as Amended Daniel C. Ross [] [] [] [] [] Defeated Thomas H. Wickham [] [] [] [] [] Tabled Jotm M. Rom~elli [] [] [] [] [] Wit hob-awn Lo,flsa P. Evm~s [] [] [] [] Joshua Y. Horton [] [] [] [] Southold Town Meeting Agenda - October 11, 2005 Page 16 2005-642 CATEGOR~ DEPARTMEN~ Official Paper Town Clerk The Suffolk Times is Hereby Designated, Effective October 11, 2005 As the Official Newspaper RESOLVED that The Suffolk Times, a newspaper regularly published in the Town of Southold, which has been entered as a second class mail matter, be and the same is hereby designated, effective October 14, 2005 as the official newspaper of the Town of Southold for the publication of notices, resolutions, ordinances and other matter required to be published. [] Adopted William P. Edwm'ds [] [] [] [] [] Adopted as Amended Daniel C. Ross [] [] [] [] [] Defeated Thomas H. Wickham [] [] [] [] [] Tabled Jotm M. Rom~elli [] [] [] [] [] Withch-awn Lo~tisa P. Evm~s [] [] [] [] Joshua Y. Horton [] [] [] [] 2005-643 CA TEGORY: Attend Seminar DEPARTMENT: Town Clerk Grant Permission to Town Clerk Elizabeth Neville and Network Systems Administrator Lloyd Reisenberg to Attend Seminars on GIS Geographic Information Systems Sponsored by the New York State Archives RESOLVED that the Town Board of the Town of Southold hereby grants ~ermission to Town Clerk Elizabeth Neville and Network Systems Administrator Lloyd Reisenberg to attend seminars on GIS Geographic Information Systems sponsored by the New York State Archives on October 12, 2005 and November 2, 2005 in Hauppauge, New York. Travel shall be by Town car. A grant application will be applied for in the 2006-2007 grant cycle to initiate the use of credit cards for payment of services and permits in the Town Clerk's Office and Town Taxes in the Receiver of Taxes Office. Southold Town Meeting Agenda - October 11, 2005 Page 17 [] Adopted William P. Edwm'ds [] [] [] [] [] Adopted as/Xanended Daniel C. Ross [] [] [] [] [] Defeated Thomas H. Wickham [] [] [] [] [] Tabled Jotm M. Rom~elli [] [] [] [] [] Wit hch-awn Lo,flsa P. Evm~s [] [] [] [] Joshua Y. Horton [] [] [] [] 2005-644 CA TEGORY: Proclamation DEPARTMENT: Town Clerk Proclaim October 10-17, 2005 ARCHIVES WEEK In the Town of Southold. WHEREAS, archives help us anchor our rapidly changing society in the stream of time, document our stewardship of the present, and remind us of our accountability to future generations, and WHEREAS, archives are central to research and education, both now and in the future, and WHEREAS, the archives of our governments protect the rights of citizens, support the effective operation of government, and document the evolution of our democracy, and WHEREAS, archives are essential to understanding the diversity of our society and the development of our private and non-profit organizations, and WHEREAS, the sound election, preservation, accessibility and broad use of archival records are vital to the present and future citizens of the Town of Southold, and WHEREAS, greater public awareness of archival conditions and increased support for archival programs in the Town of Southold is urgently needed, and WHEREAS, the second week in October is being celebrated statewide as NEW YORK ARCHIVES WEEK, now, therefore, be it Southold Town Meeting Agenda - October 11, 2005 Page 18 RESOLVED, that the Town Board of the Town of Southold hereby proclaims October 10-17~ 2005 ARCHIVES WEEK in the Town of Southold. [] Adopted W~liam P. Edwm'ds [] [] [] [] [] Adopted as Amended Daniel C. Ross [] [] [] [] [] Defeated Thomas H. Wickham [] [] [] [] [] Tabled Jotm M. Rom~elh [] [] [] [] [] Wit hob-awn Lo,flsa P. Evmis [] [] [] [] Joshua Y. Horton [] [] [] [] 2005-645 CATEGOR~ DEPARTMEN~ Employment Town Clerk Appoint Michelle Martocchia to the Position ora Clerk Typist for the Town Clerk's Office RESOLVED that the Town Board of the Town of Southold hereby appoints Michelle Martocchia to the position of a Clerk Typist for the Town Clerk's office, effective October 27, 2005, at a salary of $31,359.26 per annum. [] Adopted W~liam P. Edwm'ds [] [] [] [] [] Adopted as Amended Daniel C. Ross [] [] [] [] [] Defeated Thomas H. Wickham [] [] [] [] [] Tabled Jotm M. Rom~elh [] [] [] [] [] Withch-awn Lo,flsa P. Evm~s [] [] [] [] Joshua Y. Horton [] [] [] [] 2005-646 CATEGOR~ DEPARTMEN~ Budget Modification Town Clerk Modify the 2005 General Fund ~Fhole Town Budget - Town Clerk RESOLVED that the Town Board of the Town of Southold hereby modifies the 2005 General Fund Whole Town budget, as follows: Southold Town Meeting Agenda - October 11, 2005 Page 19 TO: A.1410.2.200.300 FROM: A.1410.2.100.300 A.1410.2.200.200 Filing Equipment $1500.00 Chairs $1000.00 Tape Recorders 500.00 [] Adopted William P. Edwm'ds [] [] [] [] [] Adopted as Amended Daniel C. Ross [] [] [] [] [] Defeated Thomas H. Wickham [] [] [] [] [] Tabled Jotm M. Roma~elli [] [] [] [] [] Withch-awn Lo,flsa P. Evm~s [] [] [] [] Joshua Y. Horton [] [] [] [] 2005-647 CA TEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to the Cutchogue Fire Department to Use Town Roads for Its ~lnnual Halloween Parade In Cutchogue on October 31, 2005 RESOLVED that the Town Board of the Town of Southold hereby grants ~ermission to the Cutcho~ue Fire Department to use the following roads for its Annual Halloween Parade in Cutcho~ue on October 31, 2005 beginning at 6:00 PM: Depot Lane New Suffolk Road provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and notify Capt. Flatley within ten (10) days of the approval of this resolution to coordinate traffic control. Yes/Aye No/Nay Abstain Absent [] Adopted W~liam P. Edwm'ds [] [] [] [] [] Adopted as Amended Daniel C. Ross [] [] [] [] [] Defeated Thomas H. Wickham [] [] [] [] [] Tabled Jotm M. Rom~elli [] [] [] [] [] Wit hob-awn Lo,flsa P. Evm~s [] [] [] [] Joshua Y. Horton [] [] [] [] Southold Town Meeting Agenda - October 11, 2005 Page 20 2005-648 CATEGOR~ DEPARTMEN~ Seqra Town Attorney Determine that the Local Law Entitled ".4 Local Law In Relation to Amendments to Chapter 37" is a Type ]] Action Pursuant to SEQRA Rules and Regulations, and is Not Subject to Review. RESOLVED that the Town Board of the Town of Southold hereby determines that the local law entitled "A Local Law in Relation to Amendments to Chapter 37" is a Type II action pursuant to SEQRA rules and regulations~ and is not sub,[ect to review. [] Adopted W~liam P. Edwards [] [] [] [] [] Adopted as Amended Daniel C. Ross [] [] [] [] [] Defeated Thomas H. Wickham [] [] [] [] [] Tabled Jotm M. Rom~elh [] [] [] [] [] Wit hch-awn Lo~tisa P. Evm~s [] [] [] [] Joshua Y. Horton [] [] [] [] 2005-649 CATEGOR~ DEPARTMEN~ Legislation Town Attorney Determined that the Proposed Local Law Entitled "A Local Law M Relation to Amendments to Chapter 97", is an Unlisted Action, and Will Not Have a Significant Impact on the Environment, and Adopt a Negative Declaration Pursuant to SEQRA Rules and Regulations for the Proposed Local Law. RESOLVED, that the Town Board of the Town of Southold, as lead agency, has determined that the proposed Local Law entitled "A Local Law in relation to Amendments to Chapter 97"~ is an Unlisted action~ and will not have a significant impact on the environment, and be it further RESOLVED that the Town Board of the Town of Southold hereby adopts a Negative Declaration pursuant to SEQRA Rules and Regulations for the proposed Local Law. Southold Town Meeting Agenda - October 11, 2005 Page 21 [] Adopted William P. Edwards [] [] [] [] [] Adopted as Panended Daniel C. Ross [] [] [] [] [] Defeated Thomas H. Wickham [] [] [] [] [] Tabled Jotm M. Roma~elh [] [] [] [] [] Withch-awn Lo~tisa P. Evm~s [] [] [] [] Joshua Y. Horton [] [] [] [] 2005-650 CA TEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact the Local Law Entitled, "A Local Law In Relation to ~lmendments to Chapter 37" WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 19th day of September, 2005 a Local Law entitled "A Local Law in relation to Amendments to Chapter 37" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the Local Law entitled, "A Local Law in relation to Amendments to Chapter 37" which reads as follows: LOCAL LAW NO. 16 2005 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 37". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose In order to promote the effective enforcement of the laws protecting the Coastal Erosion Hazard Areas within the Town of Southold, it is necessary to make amendments Southold Town Meeting Agenda - October 11, 2005 Page 22 to the penalties provision of Chapter 37. These amendments are intended to clarify and strengthen the criminal penalties associated with violations of this law. II. Chapter 37 of the Code of the Town of Southold is hereby amended as follows: §37-47. Penalties for Offenses. ............ An offense of a provision of this Chapter is..v. vuj~'-' ..vv.~. ~..a~"~a +~,v ~'u~ .... ~.. v~..o~ ..... is a violation punishable by a fine not exceeding five thousand dollars ($5,000.00) or imprisonment for a period not to exceedo.,,";-- ~w~ ...~..~..o,~-+~" 15 days or both. Each dayZs on which such ............ ~olat~on .......Ckapter occurs wall constflute a separate additional violation. Nothing herein wi!! shall be construed to prevent tke proper local authorities of the Town from taking such other lawful actions ~. t~ .......... eo as may be necessary to restrain, correct or abate any 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. [] Adopted W~liam P. Edwm'ds [] [] [] [] [] Adopted as Panended Daniel C. Ross [] [] [] [] [] Defeated Thomas H. Wickham [] [] [] [] [] Tabled Jotm M. Rom~elli [] [] [] [] [] Withch-awn Lo,flsa P. Evm~s [] [] [] [] Joshua Y. Horton [] [] [] [] 2005-651 CA TEGORY: Enact Local Law Southold Town Meeting Agenda - October 11, 2005 Page 23 DEPARTMENT: Town Clerk Enact Amendments to Chapter 97 WItEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 19th day of September, 2005 a Local Law entitled "A Local Law in relation to Amendments to Chapter 97" 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 be given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the Local Law entitled, "A Local Law in relation to Amendments to Chapter 97" which reads as follows: LOCAL LAW NO. 17 2005 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 97". BE IT ENACTED by the Town Board of the Town of Southold as follows: Section I. Purpose In early 2004, an updated Chapter 97 of the Town Code was adopted by the Town Board. The amended chapter was designed to provide necessary regulation of wetlands and natural resources throughout the Town of Southold. It has become necessary to make additional amendments to the Code to ensure for the residents of the Town both a clear understanding of the Code and continued protection of the natural resources. The amendments include addition of and amendment to several definitions, reduction in fee for administrative permit, a fee of $50.00 associated with pre-application site visits, establishment of a dock and float fee, elimination of the notice of violation, and a codification of Trustee policies designed to protect the wetlands and natural resources of the Town. Section II. Chapter 97 of the Code of the Town of Southold is hereby amended as follows: § 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 Southold Town Meeting Agenda - October 11, 2005 Page 24 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. CONSTRUCTION AND DEMOLITION (C & D) DEBRIS Includes but is not limited to waste cement, concrete, masonry work, brick, tile, sheetrock, plaster, wood shingles and the like and rubble resulting from remodeling, demolition, repair and building of structures. HOMEOWNERS' OR HOMES AS SOCIATION A community association, including a condominium association, which is organized in a residential development in which individual owners have a shared interest in the responsibility for open space or facilities. MATERIAL Soil, sand, stone, gravel, clay, bog, peat, mud or any other material, includin~ liquids, organic or inorganic. NON FERTILIZER Not to include the use of fertilizers of any type. OPERATIONS A. The removal of material from wetlands or otherwise within Trustee jurisdiction. B. The deposit or discharge o~c material on wetlands or otherwise within Trustee jurisdiction. C. The deposit or discharge of material on any area that results in the transport of said materials into wetlands or otherwise within Trustee jurisdiction. D.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. E~. Removing or otherwise affecting the growth of plants in wetlands or otherwise within Trustee jurisdiction. 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; boat rack' trellis' arbor' gazebo' walkway' statue' sculpture' stairs' or any addition to or alteration of the same. 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 ($alix Sl)l).), black spruce (Picea mariana); swamp white oak (Quercus bicolor), red ash (Fraxinum 1)enn6Tlvanica), black ash (Fraxinus nigra), silver maple (Acer saccharinum), American elm (Ulmus americana) and larch (Larix laricma); Southold Town Meeting Agenda - October 11, 2005 Page 25 (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 occidentalis), 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 virgmica), arrowheads (Sagittaria spp.), common reed (Phragmites australis), wildrice (Zizania aquatica), bur-reeds (Sparganium spp.), purple loosestrife (Lythrum salicaria), swamp loosestrife (Decodon verticillatus) and water plantain (Alisma plantago- aquatica); (d) Rooted, floating-leaved vegetation, including, among others, water-lily (Yymphaea odorata), water shield (Brasenia schreberi) and spatterdock (Yuphar spp.); (e) Free-floating vegetation, including, among others, duckweed (Lemna spp.), big duckweed (Spirodela polyrhiza) and watermeal ( I/Volffia 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 (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 (.~lndromeda glaucophylla), leatherleaf (Chamaedaphne calyculata), pitcher plant (Sarracenis purpurea) and cranberries (Faccinium macrocarpon and/4 oxycoccos); or (h) Submergent vegetation, including, among others, pondweeds (?otamogeton app.), naiads (Najaa app.) bladderworts (Utricularia app.), wild celery ( l/allianeria americana), coontail (Ceratophyllum demeraum), water milfoils (MyriophyYum app.) muskgrass (Chara app.), stonewort (2Vitella app.), water weeds (Elodea app.) and water smartweed (?olygonum 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). § 97-12. Declaration of Policy, Jurisdiction and Setbacks. C. Jurisdiction: The following areas are subject to protection under Chapter 97 of the Code of Southold. (1) Any freshwater wetland, tidal wetland, beach, bluff, dune, flat, marsh, swamp, wet meadow, bog, or vemal pool; (2) Any creek, estuary, stream, pond, canal, or lake; (3) Land under water; Southold Town Meeting Agenda - October 11, 2005 Page 26 (4) (5) Land subject to tidal action; Land within tee 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: (t) Wetland Boundary (a) Residence one hundred (tee) feet; (b) Driveway fifty (50) feet; (c) Sanitary leaching pool (cesspool) one hundred (tee) feet; (d) Septic tank seventy five (75) feet; (e) Swimming Pool and related structures fifty (50) feet; (f) Landscaping or gardening fifty (50) feet; (g) Placement of C&D material- one hundred (tee) feet' (2) Bluff`Line (a) Residence one hundred (tee) feet; (b) Driveway one hundred (tee) feet; (c) Sanitary leaching pool (cesspool) one hundred (tee) feet; (d) Swimming Pool and related structures one hundred (tee) 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. The provisions of this chapter shall not affect or prohibit nor require a permit for the following: (7) The ordinary and usual maintenance or repair of a man-made pond as defined in (§ 97-1 t). This exception does not apply to filling of unlined manmade ponds. (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 (9) Installation or burial of a residential propane tank within tee feet of wetlands in an existing, established yard area when more appropriate upland placement is not possible B. Nothing contained in this section shall alter the jurisdiction of the Southold Town, Board of Trustees. ARTICLE II, Permits § 97-20. Permit procedures. B. Administrative Permit. (2) The following operations will be considered for Administrative review: (j) The construction of a permitted bulkhead, which is to replace an existing functional bulkhead, subject to the following: [3]Any such activities shall require the addition of a non-turf buff'er area not to exceed twenty (20) feet wide as defined in (§ 97-11). (k.) Minor changes to existing, valid Trustee permits. The Trustees reserve the right to determine whether the changes qualify for Administrative Southold Town Meeting Agenda - October 11, 2005 Page 27 review. § 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. Si,': (4) Three (3) 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: (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 all wetlands within a two hundred foot (200') radius of 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. (18) A completed Local Waterfront Revitalization Program Consistency Assessment Form. § 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. The fee for an Administrative permit shall be fifty dollars ($50). For structures that have been previously built without a permit the fee will be doubled. Ifa pre-application site visit is requested, the feel shall be fifty dollars ($50). E. Dock and float fee: Every application for a new dock or float shall include a fee equal to $3/fi of linear length for residential docks and $3fi for commercial docks. Commercial docks are any structures that are rented, leased or otherwise used to generate income including, but not limited to, those structures located on properties zoned M1 and M2. § 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 belween the applicant and the Board. There will be a fifty dollar ($50) ~to fee for this conference. § 97-25. Contents of permit. Southold Town Meeting Agenda - October 11, 2005 Page 28 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: K. A statement that: "The permittee is required to provide evidence that a copy of this Trustee permit has been recorded with the Suffolk CounW Department of Real Properties Office as a notice covenant and deed restriction to the deed of the subject parcel. Such evidence shall be provided within nineW (90) calendar days of issuance of this permit" § 97-27 Construction and Operation Standards A. General. The following standards are required for all operations within the jurisdiction of the Trustees: (4) Fences. In general, fences are prohibited from beaches and wetland areas. Trustees reserve the right to permit erection of a fence where the applicant has shown that there is a need to protect their private property. In these rare cases, Oonly split rail fences are allowed on beaches. F~n~s an b:z:k:~ Such fences shall be perpendicular to the waterline and not b~ closer than ten (t0) feet to MHW. Only one posted sign per one hundred (tOO) linear feet offence is allowed. Posted signs shall be o larger than twelve (12) inches by twelve (12) inches square. (6) Decks and platforms. No decks or platforms shall be permitted on or near bluffs. Platforms associated with stairs may not be larger than thirty-two (32) square feet ~/,':t::n (! (8) No structures on beaches, bluffs or dunes unless approved bv the Board at its discretion based on their site inspection. B. Shoreline Structures. The following standards are required for all operations relating to shoreline structures on residential properties. Operations conducted on properties zoned Mt 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- t t) 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 § 97-1 t. (e) Retaining walls are not permitted unless excessive erosion can be demonstrated. Southold Town Meeting Agenda - October 11, 2005 Page 29 (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. Th ........ ~:~:~'~ S~ n~t apply t~ '~"~ .............. ri ~L.* · · ~ .*1 .~ rl.~,.~l ~' *!~. *~L~ ..... · · ~*~.* *1.~1 1~..~! --~----~- J. .... Encapsulated pilings or native non chemically treated (untreated) lumber only should be used in sensitive areas. (g) The use of tropical hardwoods is not permitted unless it is certified by the Forest Stewardship Council or similar organization. (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. (j) Individual residential stairs are prohibited on bluffs if the property is part of an association that maintains a common stairway within a reasonable distance. (k) No discharge pipes are allowed out of or over bulkheads unless permitted by the Trustees. (1) Lighting: Any and all lights associated with bulkheads, retaining wall or poles in Trustee jurisdiction must be directed on the subject structure and not out into the adjacent wetland, waterway or property. Lights shall not be on unless the waterfront is in active use. (m) Backfilling: Only clean sand can be used for backfilling in eroded and excavated areas as well as behind new and repaired bulkheads. Garbage, asphalt, and C&D materials are strictly forbidden for use as backfill behind bulkheads. 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-backfdling 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. Southold Town Meeting Agenda - October 11, 2005 Page 30 (g) All applicants for jetties and groins 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 over said structure by steps or a ramp allowing pedestrian passage (2) Docks (a) Standards for Residential and Commercial Docks 11. Personal watercraft or "jetski" floats cannot be added to any float, stairway, or dock. without a Trustee Permit. 12. Lighting: Any and all lights associated with docks, floats or poles must be directed on the subject structure and not out into the adjacent wetland, waterway or property. Lights shall not be on unless the dock is in active use. 13. Utilities and Water: If power and/or water are to be installed on a dock, plans for the installation must be provided to the Trustees at the time of application. Installation of such amenities on an existing permitted dock requires obtaining a permit amendment from the Trustees. (b) 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 [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. 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. Southold Town Meeting Agenda - October 11, 2005 Page 31 [d] No ft~loating docks, ether floats~ and dock components~ and duck blinds or boats shall m~t be stored on tidal wetlands, other intertidal areas or freshwater wetlands. (c) 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. [f] Tie off poles associated with residential docks will only be permitted to secure one (1) vessel. If the dock utilizes a float the poles shall not project farther seaward than the outer edge of the float. Ifa 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"x 4" in dimension. [h] Residential catwalks and ramps are limited to four (4) feet in width. [i] Residential boatlifls, floating or fixed, are prohibited. 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 22. Net/ce cf'Ac!aticn. Southold Town Meeting Agenda - October 11, 2005 Page 32 ~ 97 22. Hearing on violation. B. Th¢ C!¢rk shall pr¢s¢nt su:h r¢qu¢st to th¢ Tmst¢¢s at its n¢xt r¢ga!ar m¢¢fing. Th¢ Trast¢¢s shall notice cf thc time and p!ac¢ ~ 97-34. Compliance requirements and penalties for offenses. A. It shall be unla~ul for any ca~er, owner, occupant, builder, architect, contractor or their agents or any other person to hil to comply with any provisions of this chapter or to hil in any ma~er to comply with a written notice, directive or order of the Director of Code E~orcement 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 hilure to comply with a written notice or order of any Director of Code E~orcement or Bay Southold Town Meeting Agenda - October 11, 2005 Page 33 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 supervision of the approving authority. The Trustees reserve the right to require specific re-planting and restoration methods including specific survivability and success criteria. (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. Southold Town Meeting Agenda - October 11, 2005 Page 34 [] Adopted William P. Edwm'ds [] [] [] [] [] Adopted as )anended Daniel C. Ross [] [] [] [] [] Defeated Thomas H. Wickham [] [] [] [] [] Tabled Jotm M. Rom~elli [] [] [] [] [] Withch-awn Lo,flsa P. Evm~s [] [] [] [] Joshua Y. Horton [] [] [] [] VI. PUBLIC HEARINGS Public Hearing # 1 5:00 P.M., - A LOCAL LAW IN RELATION TO AMENDMENTS TO CHAPTER 37 William P. Edwm'ds [] [] [] [] Daniel C. Ross [] [] [] [] [] Adjo~tmed Thomas H. Wickham [] [] [] [] [] Closed Jotm M. Rom~elh [] [] [] [] Lo,flsa P. Evm~s [] [] [] [] Joshua Y. Horton [] [] [] [] Public Hearing #2 5:05 PM, - A LOCAL LAW IN RELATION TO AMENDMENTS TO CHAPTER 97 William P. Edwm'ds [] [] [] [] Daniel C. Ross [] [] [] [] [] Adjo~tmed Thomas H. Wickham [] [] [] [] [] Closed Jotm M. Rom~elh [] [] [] [] Lo,flsa P. Evm~s [] [] [] [] Joshua Y. Horton [] [] [] []