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.