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HomeMy WebLinkAboutAG-10/09/2007 ELIZABETH A. NEVILLE Town Hall, 53095 Main Road TOWN CLERK PO Box 1179 Southold, NY 11971 REGISTRAR OF VITAL STATISTICS Fax (631) 765-6145 MARRIAGE OFFICER Telephone: (631) 765 - 1800 RECORDS MANAGEMENT OFFICER www.southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER AGENDA SOUTHOLD TOWN BOARD October 9, 2007 4:30 PM POLICY: At scheduled Town Board meetings, the attending public is encouraged to briefly address the Town Board relating to agenda resolutions prior to their enactment; the public will also be given time at the conclusion of the regularly scheduled business agenda to address the Board on any given topic. I. REPORTS 1. Budget Report Month ended August 2007 2. Island Group Claim Lag Report 9/1/06 - 8/31/07 II. PUBLIC NOTICES 1. Army Corps of Engineers Hashamomuck Cove, Southold - Reconnaissance Study 2. Army Corps of Engineers Comprehensive Response Report 14 Counties in New York 3. Board of Trustees Set 2007 Scallop Season 11/5/07 - 11/18/07 Non-Commercial Scalloping only (except Hallocks Bay will be closed) 11/19/07 - 3/29/08 Commercial & Non-Commercial Scalloping (except Hallocks Bay will be closed) 4. NYS Liquor Authority Applications Retail Liquor License Renewal - Rinconcito Hispano Restaurant, Unit 7 Sterlington Commons, Greenport Renewal of Liquor Licenses - The Lenz Winery, Main Road, Peconic 5. Suffolk County Influenza Immunization Clinics Southold Town Meeting Agenda - October 9, 2007 Page 2 III. COMMUNICATIONS 1. Fifth Annual North Fork Centry Bicycle Event Thank you to the Town Board for allowing the event and an apology to the town for directional signs not being removed immediately after the event. IV. DISCUSSION 1. 9:00 AM - Chief Cochran School Crossing Guards 2. 9:15 AM - a Local Law In Relation to Amendments to Chapter 275 3. 9:45 AM - Dave Markel Tall Pines 4. 10:00 AM - Cell Town Consultant 5. Beach Monitoring Maintenance 6. Scavenger Waste Plant 7. Public Water Cutchogue Fire Department Dean Yaxa 8. Appointment to Board of Assessment Review 9. 12:00 Noon - Melissa Spiro and LPC EXECUTIVE SESSION - Property Acquisition 10. Executive Session Personnel 11. Executive Session Property Acquisition 12. 11:00 A.M. - Nature Trail Mayor Nyce & Trustee Osinski CALL TO ORDER 4:30 PM Meeting called to order on October 9, 2007 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Present Absent Late Arrival Southold Town Meeting Agenda - October 9, 2007 Page 3 Councilman Albert Krupski Jr. ??? Councilman William P. Edwards ??? Councilman Daniel C. Ross ??? Councilman Thomas H. Wickham ??? Justice Louisa P. Evans ??? Supervisor Scott Russell ??? Town Clerk Elizabeth A Neville Town Attorney Patricia A Finnegan PLEDGE OF ALLEGIANCE OPENING STATEMENTS MINUTES APPROVAL Wednesday, August 08, 2007 Tuesday, August 14, 2007 V. RESOLUTIONS 2007-774 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit 10/9/07 RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby October 9, 2007. Vote Record - Resolution RES-2007-774 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-775 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Set Next Meeting 10/23/07 Southold Town Meeting Agenda - October 9, 2007 Page 4 RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, October 23, 2007 at the Southold Town Hall, Southold, New York at 7:30 P. M.. Vote Record - Resolution RES-2007-775 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-776 CATEGORY: Budget Modification DEPARTMENT: Public Works DPW - Budget Modification RESOLVEDmodifies the 2007 that the Town Board of the Town of Southold hereby Department of Public Works – Property Maintenance Budget as follows: From: A.1620.4.400.600 Equipment Maintenance & Repair $5,000 To: A.1620.4.400.200 Property Maintenance & Repair $5,000 Vote Record - Resolution RES-2007-776 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-777 CATEGORY: Attend Seminar DEPARTMENT: Police Dept Grant Permission to Detectives Joseph Conway and Edward Grathwohl to Attend Financial Investigations Training Conference October 17, 2007 to October 19, 2007 In Connecticut RESOLVED grants permission to that the Town Board of the Town of Southold hereby Detectives Joseph Conway and Edward Grathwohl to attend a Financial Investigations Southold Town Meeting Agenda - October 9, 2007 Page 5 conference given by the New England, Connecticut and Eastern Chapters of the International Association of Financial Investigators and the US Postal Service commencing on Wednesday, October 17, 2007 through Friday, October 19, 2007, in Ledyard, Connecticut. All expenses for registration, travel and lodging to be a legal charge to the 2007 Police Training budget line (A.3120.4.600.200). Vote Record - Resolution RES-2007-777 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-778 CATEGORY: Budget Modification DEPARTMENT: Recreation Budget Modification RESOLVEDmodifies the 2007 General that the Town Board of the Town Southold hereby Fund Whole Town, as follows: FROM : A7020.4.100.550 Sports Equipment $ 200.00 A7180.1.300.100 Beaches - Personal Services $1,200.00 TO: A.7020.4.400.300 Printing - Brochure $1,400.00 Vote Record - Resolution RES-2007-778 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-779 CATEGORY: Budget Modification DEPARTMENT: Data Processing Budget Modification for Tape Drive Maintenance Southold Town Meeting Agenda - October 9, 2007 Page 6 RESOLVEDmodifies the 2007 Data that the Town Board of the Town of Southold hereby Processing budget as follows: From: A.1680.4.400.356 UPS Maintenance $1375.00 To: A.1680.4.400.353 8MM Tape Drive Maint. $1375.00 Vote Record - Resolution RES-2007-779 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-780 CATEGORY: Committee Resignation DEPARTMENT: Town Clerk Accept the Resignation of Mary Martha McCabe From the Southold Town Anti-Bias Task Force RESOLVEDaccepts, with regret, the that the Town Board of the Town of Southold hereby resignation of Mary Martha McCabe from the Southold Town Anti-Bias Task Force, effective immediately. Vote Record - Resolution RES-2007-780 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-781 CATEGORY: Committee Resignation DEPARTMENT: Town Clerk Accept the Resignation of Leah Glowacki From the Southold Town Housing Advisory Committee Southold Town Meeting Agenda - October 9, 2007 Page 7 RESOLVEDaccepts, with regret, the that the Town Board of the Town of Southold hereby resignation of Leah Glowacki from the Southold Town Housing Advisory Committee , effective immediately. Vote Record - Resolution RES-2007-781 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-782 CATEGORY: Committee Resignation DEPARTMENT: Town Clerk CAC Resignation - Grigonis RESOLVEDaccepts the resignation of that the Town Board of the Town of Southold hereby Joyce Grigonis from her position as a Conservation Advisory Committee member , effective immediately. Vote Record - Resolution RES-2007-782 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-783 CATEGORY: Advertise DEPARTMENT: Human Resource Center Advertise for FT Mini Bus Driver/CDL - HRC RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise for the position of full time Mini Bus Driver for the Human Resource Center at $21,470.54 per annum. Southold Town Meeting Agenda - October 9, 2007 Page 8 Vote Record - Resolution RES-2007-783 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-784 CATEGORY: Attend Seminar DEPARTMENT: Planning Board Future of the East End RESOLVED grants permission to Mark that the Town Board of the Town of Southold hereby Terry to attend a seminar on architecture & the environment in Southampton, on Friday, Oct. 12, 2006. All expenses for registration, and travel to be a legal charge to the 2007 Planning budget (meetings and seminars). Vote Record - Resolution RES-2007-784 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-785 CATEGORY: Landfill Misc. DEPARTMENT: Solid Waste Management District SWMD Delinquent Account removes the following past RESOLVED that the Town Board of the Town of Southold hereby due charge owed the Solid Waste Management District from 2007 District revenues, in accordance with a determination by the Town Comptroller and the Town Attorney, with the understanding that the Town Attorney's office will continue efforts to collect this debt through all available legal means: Account # 6007: Thomas Foster in the amount of $15,278.36 Southold Town Meeting Agenda - October 9, 2007 Page 9 Vote Record - Resolution RES-2007-785 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-786 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Reappoint Daniel McConlogue to the Board of Assessment Review RESOLVEDreappoints Daniel that the Town Board of the Town of Southold hereby McConlogue to the Board of Assessment Review to another five (5) year term, effective October 1, 2007 through September 30,2012 . Vote Record - Resolution RES-2007-786 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-787 CATEGORY: Retirement/Resignation DEPARTMENT: Police Dept Accept the Resignation of Claude Kumjian As Part Time School Crossing Guard RESOLVEDaccepts the resignation of that the Town Board of the Town of Southold hereby Claude Kumjian from the position of Part Time School Crossing Guard in the Police Department , effective September 21, 2007. Vote Record - Resolution RES-2007-787 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell Southold Town Meeting Agenda - October 9, 2007 Page 10 2007-788 CATEGORY: Employment - Town DEPARTMENT: Human Resource Center Hire PT Senior Citizen Aide II At HRC RESOLVEDappoints Mary Beth that the Town Board of the Town of Southold hereby Gramazio to the position of part time Senior Citizen Aide II for the department of Human Services , effective October 10, 2007, at a rate of $13.44 per hour for 17.5 hours per week. Vote Record - Resolution RES-2007-788 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-789 CATEGORY: Employment - Town DEPARTMENT: Human Resource Center Hire PT MIni Bus Driver/HRC RESOLVEDappoints Daniel E. Cleary that the Town Board of the Town of Southold hereby to the position of part time Mini Bus Driver for the department of Human Services , effective October 16, 2007, at a rate of $12.11 per hour for 17.5 hours per week. Vote Record - Resolution RES-2007-789 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-790 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District SWMD Budget Mods - 10/09/07 RESOLVEDmodifies the 2007 that the Town Board of the Town of Southold hereby Southold Town Meeting Agenda - October 9, 2007 Page 11 Solid Waste Management District budget as follows: From: SR 8160.4.400.805 MSW Removal $21,500 SR 8160.2.200.400 Computer Equipment $ 300 SR 8160.4.100.580 Maint/Supply – Ford Tractor $ 1,300 SR 8160.4.100.608 Composting Urea $ 2,000 SR 8160.4.100.645 Maint/Supply – Fire Truck $ 500 SR 8160.4.100.900 Landscaping Supplies $ 700 SR 8160.4.400.600 Scale Maintenance $ 1,500 SR 8160.4.400.825 Glass Removal $ 1,520 To: SR 8160.2.200.500 Misc. Office Equipment $ 300 SR 8160.2.500.750 Heating & Lighting Equip $ 8,500 SR 8160.4.100.551 Maint/Supply Cat 966 Loader $ 500 SR 8160.4.100.596 Maint/Supply CBI Grinder $10,000 SR 8160.4.100.609 RCA Blend $ 1,220 SR 8160.4.100.800 Maint – Facilities/Grounds $ 3,500 SR 8160.4.200.200 Light & Power $ 5,000 SR 8160.4.400.610 Vending Machine Maint. $ 300 Vote Record - Resolution RES-2007-790 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-791 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute a Proposal for Planning and Design Services Between the Town of Southold and RBA Group In Association with Lebowitz/Gould Design, Inc. RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute a Proposal for planning and design services between the Town of Southold and RBA Group in association with Lebowitz/Gould Design, Inc. in connection with the North Fork Trail Scenic Byway Interpretative Signage and Facilities Project Southold Town Meeting Agenda - October 9, 2007 Page 12 (PIN 0758.90), subject to the approval of the Town Attorney. Vote Record - Resolution RES-2007-791 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-792 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Clerk LL Chapter 275 Set PH WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk “A Local Law in County, New York, on the 9th day of October, 2007 a Local Law entitled relation to Amendments to Chapter 275” 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 th 20 of November, 2007 at 4:35 p.m. at which time all interested persons will be given an opportunity to be heard. “A Local Law in relation to Amendments to Chapter 275” The proposed Local Law entitled, reads as follows: LOCAL LAW NO. 2007 “A Local Law in relation to Amendments to Chapter 275” A Local Law entitled, . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose – In order to provide for the health, safety and welfare of the citizens of the Town of Southold, and to protect the natural protective areas existing within the Town, it is Southold Town Meeting Agenda - October 9, 2007 Page 13 necessary to make certain amendments to Chapter 275. These amendments are intended to support the protection of environmental features within the Trustees’ jurisdiction, strengthen enforcement, simplify the permit process and clarify activities that may be conducted in protected areas. II. Chapter 275 of the Code of the Town of Southold is hereby amended as follows: §275-2. Definitions; word usage. ACCESS PATH -- an area, cleared by hand or hand-held equipment, no more than 4 feet wide, left in its natural state and devoid of any manmade structure, to provide a walkway to a body of water. DOCK -- Any permanent or seasonal structure, except a building, located or proposed to be located on lands abutting or comprised of freshwater or tidal wetlands or connected to a bulkhead or the upland and extending over the water's surface, designed to secure vessels and provide access from the shore to a body of water. For the purpose of this chapter, this term shall also include the associated structures necessary to cross wetlands and adjacent natural areas. The term “dock” includes the terms “wharves,” “piers,” “fixed docks,” “floating docks,” or “floats”. or “catwalks.” FUNCTIONAL – Any structure that, in its current state, primarily retains its purpose and use as determined by the Board of Trustees. NONDISTURBANCE BUFFER – An A vegetated area, typically 50 feet wide a minimum of 30 feet wide as designated by the Board of Trustees, immediately landward of the wetland boundary, shoreline structure, or other line designated by the Trustees where no operations, maintenance, placement of signs or other activities can may take place, except that manmade debris may be removed from such area by hand without the permission of the Board of Trustees. RESIDENTIAL DOCK -- Any catwalk, fixed dock and/or floating dock designed or constructed as a continuous unit to provide access to the surface waters from a lot that is zoned for residential use. The term "dock" shall include all associated structures such as Southold Town Meeting Agenda - October 9, 2007 Page 14 ramps and mooring piles. §275-4. Exceptions. A. The provisions of this chapter shall not affect or prohibit nor require a permit for the following: (4) The ordinary and usual operations relative to residential horticulture within Trustees’ jurisdiction limited to the use of non-invasive native species of vegetation. Re-grading and removal of trees outside any designated buffer area are not included in this exception. landward of the wetland boundary. (5) The ordinary and usual maintenance or repair (of the same dimensions) of a presently permitted by this chapter, existing and functioning building, dock, pier, wharf, jetty, groin, dike, dam or other water-control device or structure. (10) Installation of new or replacement windows, roof shingles, doors, dormers and siding on existing structures only. (11) Notwithstanding the above listed exceptions, activity within a designated non- disturbance buffer is prohibited. B. Nothing contained in this section shall alter the jurisdiction of the Southold Town Board of Trustees. These listed exceptions do not provide an exemption from the requirements of other departments or agencies. §275-5. Permit procedures. B. Administrative permit. (2) The following operations will be considered for administrative review: (j) The reconstruction of a permitted bulkhead as per §275-11, which is to replace an existing functional bulkhead, subject to the following: [3] Any such activities shall require the addition of a nonturf pervious buffer area. not to exceed 20 feet wide as defined in §275-2. (l) Minor restoration or alterations of landscaping. (m) Decks. Southold Town Meeting Agenda - October 9, 2007 Page 15 (n) Minor alterations to existing permitted shoreline structures including stairs, bulkheads and docks. (o) Installation or burial of a residential propane/liquid gas tank 25 feet from wetlands in an existing, established yard area when more appropriate upland placement is not possible. Installation, burial or removal of a propane tank less than 25 feet from wetlands is generally prohibited. (p) Dredging work caused by the accumulation of silt from run-off or other circumstances not the result of activity by or on behalf of the owner of the property and in event at the discretion of the Board of Trustees. §275-7. Fees. F. Dredging Fee. Every application for a permit for dredging within Town-owned underwater lands shall include a fee as set by the Town Board based on the amount of cubic yard of dredge spoil to be removed. §275-10. Contents of permit. L. A statement that “The permittee is required to conspicuously post the permit and have the supporting plans available for immediate inspection at the worksite at the commencement of work until which time the project is completed.” §275-11. 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. Any fence, barricade or impediment to pedestrian traffic on the beach or wetland area in violation of the provisions of this chapter shall be removed upon written notice to the owner of the premises upon which such fence, barricade or impediment is located sent by certified or registered mail. Such fence, barricade or impediment shall be removed by the owner within 30 days of the date of the notice. Upon Southold Town Meeting Agenda - October 9, 2007 Page 16 failure to comply with such notice, the Building Inspector, Code Enforcement Officer or Bay Constable may remove or cause the removal of the illegal structure. If any fence, barricade or impediment is determined by the Building Inspector, Code Enforcement Officer or Bay Constable to create a hazard to the health, safety or welfare of the public, such structure may be removed and disposed of by the Town without prior notice to the owner. Upon removal by the Town, all costs and expenses incurred by the Town for the removal of such fence, barricade or impediment shall be the responsibility of the owner. The Town may pursue any and all remedies available at law to recover any unpaid costs associated with removal, including filing a statement with the Town Assessors, identifying the property in connection with which such expenses were incurred and the owner thereof as shown on the latest assessment roll of the Town. The Assessors, in preparation of the next assessment roll, shall assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalty as is provided by law for the collection and enforcement of real property taxes in the Town of Southold. A fence may be permitted if the applicant has demonstrated a special need. Upon such a finding by the Trustees the fence must be split-rail, perpendicular to the waterline and not closer than 10 feet to MHW. Only one posted sign per 100 linear feet of fence is allowed, no larger than 12 inches by 12 inches square. (9) Pumping of Town-owned freshwater wetlands for irrigation purposes shall be prohibited. (10) Access paths. A permit for only one path shall be granted per lot for the purposes of shoreline access unless otherwise determined by the Board of Trustees. B. Shoreline structures. The following standards are required for all operations relating to shoreline structures on residential properties. Operations conducted on properties zoned M1 or M2 may be given greater flexibility in these requirements given the water- Southold Town Meeting Agenda - October 9, 2007 Page 17 dependent nature of their use. (1) Bulkheads, retaining walls, revetments and gabions. (f) In order to prevent the release of metals and other contaminants into the wetlands and waters of Southold, the use of lumber pre-treated with any preservative, including but not limited to chromated copper arsenate (also known as "CCA"), creosote, penta products, Alkaline Copper Quat (ACQ), or homemade wood preservatives is prohibited for use in sheathing and decking on structures in the wetlands as well as on any part of a structure in low tidal flow wetland areas as determined by the Trustees. Any use of creosote is prohibited. Preservatives of any type, including but not limited to those listed above cannot be applied to any bulkheads, retaining walls or revetments after installation. Encapsulated pilings or native nonchemically treated (untreated) lumber only should be used in sensitive areas. (l) Lighting: Any and all lights associated with bulkheads, retaining walls, stairs 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. 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. (2) Docks. (a) [3] In order to prevent the release of metals and other contaminants into the wetlands and waters of Southold, the use of lumber pre- treated with any preservative, including but not limited to chromated copper arsenate (also known as "CCA"), commercial copper quat (CCQ), creosote, penta products, Alkaline Copper Quat (ACQ), or homemade wood preservatives is prohibited for Southold Town Meeting Agenda - October 9, 2007 Page 18 use in sheathing and decking on structures in the wetlands as well as on any part of a structure in low tidal flow wetland areas as determined by the Trustees. The use of creosote is prohibited. Similarly, the The use of tropical hardwoods is prohibited unless it is certified by the Forest Stewardship Council or similar organization. Materials used for structural components shall be determined at the discretion of the Trustees. (b) Dock locations and lengths. [3] [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 the following areas: Downs Creek, Hallocks Bay, Hashamomuck Creek and Pond, Long Creek (branch of Mattituck Creek, East of Grand Avenue bridge), Pipe’s Cove Creek and West Creek. [3] [d] No floating docks, floats, dock components, duck blinds or boats shall be stored on tidal wetlands, other intertidal areas or freshwater wetlands, except that floats 20 feet in length or smaller and boats 16 feet in length or smaller may be stored above mean high tide, on blocks at a minimum of 12” above grade, during the period beginning November 1 through May 1. (c) Regulations for the placement and configuration of docking facilities. [1] Residential docks. [a] Only one dock, catwalk may be permitted per residential Southold Town Meeting Agenda - October 9, 2007 Page 19 lot. Only one mooring or dock may be mooring is permitted per residential lot. Upon a showing of special need due to low water level and hazard to property, the Trustees may permit both a mooring and a dock for the same residential property. [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: [i] It is no larger than six feet wide and 20 feet long except on Fishers Island if the need is demonstrated; or of equal square footage as determined by the Trustees; (3) Dredging. (a) Creeks. [1] Only maintenance dredging (as defined in §275-2) only is permitted, unless the applicant owns underwater land or the applicant is requesting permission to dredge in connection with installation of low-sill bulkheads. All maintenance dredging permits shall be valid for a period no greater than 10 years. (c) All dredging applications must demonstrate a specific location for the deposit of dredging material. §275-16. Compliance requirements; penalties for offenses. B. For each offense against any of the provisions of this chapter or any regulations made pursuant thereto, or failure to comply with a written notice or order of any Director of Code Enforcement or Bay Constable within the time fixed for compliance therewith, the owner, occupant, builder, architect, contractor or their agents or any other person who commits, takes part or assists in the commission of any such offense or who shall fail to comply with a written order or notice of the Director of Code Enforcement or Bay Constable shall be subject to the following fine schedule. Each day on which such violation occurs shall constitute a separate, additional offense. Southold Town Meeting Agenda - October 9, 2007 Page 20 (2) Failure to comply with the terms of a permit. (a) Any person failing to comply with the terms of a permit shall be subject to a fine of not less than $500 and not more than $1,000. $4,000 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 $7,500 or a term of imprisonment of not less than 15 days nor more than six months, or both. (b) Any person failing to comply with posting the permit and/or the requirement for supporting plans to be available for immediate inspection pursuant to §275-10 shall be subject to a fine of not more than $1,000. (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 replanting and restoration methods including specific survivability and success criteria. (5) Failure to comply with a restoration plan. Any person failing to comply with the terms of a mandated restoration plan as detailed in subsection 4 of this section within the proscribed period of time for completion shall be guilty of an offense and subject to a fine of not less than $1,000 and not more than $4,000. (5)(6) 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. The Trustees may revoke a permit when a violation of this Chapter or Chapter 111 is found on the same property. No new permits will be issued to any carter, owner, occupant, builder, architect, contractor or their agents if they are a named as defendants in an outstanding or unresolved wetland violation.violation of Chapter 275 Wetlands and Shoreline or Chapter 111 Coastal Erosion Hazard Areas. III. SEVERABILITY Southold Town Meeting Agenda - October 9, 2007 Page 21 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. APPLICABILITY AND EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law Vote Record - Resolution RES-2007-792 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-793 CATEGORY: Employment - Town DEPARTMENT: Town Attorney Settlement Agreement W/Town Employee RESOLVED approves and ratifies a that the Town Board of the Town of Southold hereby settlement agreement with a Town employee dated July 27, 2007. Vote Record - Resolution RES-2007-793 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-794 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to the Greenport Teachers’ Association to Hold Its 4Th Annual Dr. Claire 5K Memorial Race on November 3, 2007 At 9:00 AM RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby th Greenport Teachers’ Association to hold its 4 Annual Dr. Claire 5K Memorial race on Southold Town Meeting Agenda - October 9, 2007 Page 22 November 3, 2007 at 9:00 am using the following town roads, providing they file a certificate of insurance with the Town Clerk’s office naming the town as an additional insured and they contact Captain Martin Flatley upon receipt of the approval of this resolution to coordinate traffic control: Front Street, Moore’s Lane, Washington Avenue, Washington Avenue Extension, Cedar Fields Drive, and Moore’s Lane South. Vote Record - Resolution RES-2007-794 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-795 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to the Mattituck Lions Club to Use Town Roads for Its Annual Halloween Parade In Mattituck on Wednesday, October 31, 2007 RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Mattituck Lions Club to use the following roads for their Annual Halloween Parade in Mattituck on Wednesday, October 31, 2007 beginning at 6:00 PM: Pike Street, Westphalia Road, Sound Avenue, and Love Lane 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 Captain Martin Flatley upon receipt of the approval of this resolution to coordinate traffic control. Vote Record - Resolution RES-2007-795 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-796 CATEGORY: Legal DEPARTMENT: Town Attorney Southold Town Meeting Agenda - October 9, 2007 Page 23 Retain Mary Wilson, Esq. RESOLVEDretains Mary Wilson, Esq. that the Town Board of the Town of Southold hereby to conduct an investigation into an employment related matter, in conjunction with the Town Attorney. Vote Record - Resolution RES-2007-796 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-797 CATEGORY: Seqra DEPARTMENT: Town Attorney SEQRA LL/Animals RESOLVED“A that the Town Board of the Town of Southold hereby finds that the proposed Local Law in relation to Amendments to the Town Code Relating to Animals” is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action in accordance with the recommendation of Mark Terry dated October 9, 2007, and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith. Vote Record - Resolution RES-2007-797 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-798 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact Animals LL Southold Town Meeting Agenda - October 9, 2007 Page 24 WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk “A Local Law in County, New York, on the 11th day of September, 2007 a Local Law entitled relation to Amendments to the Town Code Relating to Animals” AND WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local “A Local Law in relation to Amendments to the Town Code Relating to Law entitled, Animals” reads as follows: LOCAL LAW NO. 2007 “A Local Law in relation to Amendments to the Town Code Relating A Local Law entitled, to Animals” . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. PURPOSE – To update the regulations concerning the keeping of animals in the Town of Southold, and requiring that a property owner harboring peacocks be located on at least ten acres of property. II. CODE AMENDMENTS . Chapter 280 of the Code of the Town of Southold is hereby amended as follows: § 280-13. Use regulations. In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: C. Accessory uses, limited to the following uses and subject to the conditions listed in § 280-15 herein: (8) Housing for and harboring of horses, livestock including sheep and goats, and domestic animals other than household pets dogs and cats, provided that such housing shall not be constructed within 40 feet of any lot line. The housing or harboring of Southold Town Meeting Agenda - October 9, 2007 Page 25 such animals shall be conducted for the use and enjoyment of the residents of the primary residence only. (a) Peacocks may be housed or harbored in the A-C zoning district only, on parcels no less than ten (10) acres in size. (b) Housing for flocks of more than 25 fowl shall not be constructed within 50 feet of any line. Chapter 83 of the Code of the Town of Southold is hereby amended as follows: Chapter 83, ANIMALS DEFINITIONS UNREASONABLE NOISE — Any excessive or unusually loud sound or any sound that either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of a reasonable person of normal sensitivities or which causes injury to animal life or damage to property or business, except the sound from agricultural operations. Standards to be considered in determining whether "unreasonable noise" exists in a given situation include, but are not limited to, the following: (1) The volume of the noise. (2) The intensity of the noise. (3) Whether the nature of the noise is usual or unusual. (4) Whether the origin of the noise is usual or unusual. (5) The volume and intensity of the background noise, if any. (6) The proximity of the noise to residential sleeping facilities. (7) The nature and zoning district of the areas within which the noise emanates. (8) The time of day or night the noise occurs. (9) The time duration of the noise. (10) Whether the sound source is temporary. (11) Whether the noise is continuous or impulsive. § 83-5. Penalties for offenses. [Amended 7-31-1973 by L.L. No. 1-1973] A. Any person committing an offense against any provision of this article shall, upon conviction thereof, be guilty of a violation punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this article shall constitute, for each day the offense is continued, a separate and distinct offense hereunder. B. In addition to the above-provided penalties, the Town Board may also 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 article. § 83-13. Penalties for offenses. Southold Town Meeting Agenda - October 9, 2007 Page 26 Any person committing an offense against any provision of this article shall, upon conviction thereof, be guilty of a violation punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. ARTICLE IV. General Regulations for Keeping of Animals other than Dogs and Cats. §83-19. No manure shall be kept onsite, other than as permitted pursuant to §280-12. §83-20. The disposal of animal wastes shall be provided for in such a manner as to prevent any nuisance or sanitary problem. §83-21. No accessory building or structure or part thereof used for the housing of livestock or domestic animals, other than dogs or cats, shall be less than 40 feet from any lot line, per §280- 13. Housing for flocks of more than 25 fowl shall not be constructed within 50 feet of any lot line, per §280-13. §83-22. No person shall keep, raise, house or maintain any animal that shall constitute a nuisance or create a hazard to public health, or in any manner that shall annoy, injure, disturb, or endanger the comfort, repose, health, peace or safety of other persons or the public. §83-23. Noise No person shall keep, permit or maintain any animal, including a bird, under his control which frequently or for continued duration of at least fifteen (15) minutes makes sounds which create unreasonable noise across a residential real property boundary. §83-24 No person shall allow any animal including livestock and fowl, to run at large elsewhere than upon the premises of the owner or custodian unless said animal shall be on a leash or accompanied by a person at least 12 years of age, having adequate control of such animal, or unless it be upon the premises of another person with the knowledge and consent of such person. §83-25. Burial of animals. A. No burial of any animal in a front yard shall be permitted. B. No burial of any horses or livestock (including sheep and goats) on property less than five (5) acres, excluding property where the principal use is agricultural. Article VI Enforcement. §83-24. Penalties for offenses. A. Any person committing an offense against any provision of this article shall, upon conviction thereof, be guilty of a violation punishable by a fine not exceeding $500 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The Southold Town Meeting Agenda - October 9, 2007 Page 27 continuation of an offense against the provisions of this article shall constitute, for each day the offense is continued, a separate and distinct offense hereunder. B. In addition to the above-provided penalties, the Town Board may also 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 article. 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. Vote Record - Resolution RES-2007-798 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell VI. PUBLIC HEARINGS 1. Motion To: Motion to recess to Public Hearing COMMENTS - Current Meeting: RESOLVEDbe and hereby is declared that this meeting of the Southold Town Board Recessed in order to hold a public hearing. 2. Set PH In Regard to Animals, October 9, 2007 4:40 Pm CLOSING STATEMENTS Motion To: Adjourn Town Board Meeting COMMENTS - Current Meeting: RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at __________ P.M.