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HomeMy WebLinkAboutTB-08/14/2007 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 southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING MINUTES August 14, 2007 4:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, August 14, 2007 at the Meeting Hall, 53095 Main Road, Southold, NY. Supervisor Russell opened the meeting at 4:30 PM with the Pledge of Allegiance to the Flag. I. Reports 1. Supervisor’s Budget Report July 31, 2007 2. Town Clerk Monthly Report July 2007 3. Town Clerk 1St Quarter 2007 Report 4. Town Clerk 2Nd Quarter 2007 Report 5. Town Clerk Semi-Annual 2007 Report 6. North Fork Animal Welfare League Financial Statements June 30, 2007 II. Public Notices 1. On-Premises Liquor License Application to NYS Liquor Authority DCDR Restaurant Corp., 62375 Main Rd., Southold NorthFork Wines & Vineyards, Southold - Winery License August 14, 2007 Page 2 Minutes Southold Town Board Meeting III. Communications IV. Discussion 1. 9:00 A.M. - POSTPONED Until Later Date - Unsafe Building Hearing 2. 9:30 A.M. - Wetland Code Peg Dickerson, Lori Hulse 3. 10:00 A.M. - Clean Air Initiative Per Supervisor Russell 4. Farm Land Preservation Bond per Supervisor Russell 5. 10:30 A.M. - Noise Control Ordinance per Councilman Wickham Capt. Flatley Ed Forrester 6. Mean High Water Mark / Public Trust Doctrine (West Beach, Mattituck) per Supervisor Russell 7. 11:30 A.M. Executive Session - Property Melissa Spiro, Tim Caufield, Stephen Searl 8. Mattituck Sewer District 9. Executive Session Litigation Call to Order 4:30 PM Meeting called to order on August 14, 2007 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Organization Title Status Arrived Albert Krupski Jr. Town of Southold Councilman Present William P. Edwards Town of Southold Councilman Present Daniel C. Ross Town of Southold Councilman Present Thomas H. Wickham Town of Southold Councilman Present Louisa P. Evans Town of Southold Justice Present August 14, 2007 Page 3 Minutes Southold Town Board Meeting Scott Russell Town of Southold Supervisor Present Elizabeth A. Neville Town of Southold Town Clerk Present Patricia A. Finnegan Town of Southold Town Attorney Present Pledge of Allegiance Opening Statements Statement SUPERVISOR RUSSELL: Please rise and join with me in the Pledge of Allegiance to the Flag. Okay. Just a little bit of a clarification. I know there are people here to discuss some specific issues. For the first part of the meeting, what I will do is invite the public to come up and address any issue as it appears on the agenda. So if you haven’t had a chance to review the agendas, they should be located on the table out front. And would anybody like to come up and address the items? And then, I am sorry, after we do the voting, when we close out the formal meeting. What we do is open up the opportunity for anybody to come up and address the Town Board on any issue, including, I am sure, some of the issues you want to talk about. In the meantime, would anybody like to come up and address any of the items on the agenda? UNIDENTIFIED: Can you discuss beach rights at this point? SUPERVISOR RUSSELL: We will discuss the beach rights at the end of the formal voting. Alright, this will be just for the agenda items right now and when that is done, we will vote on these various resolutions and then when we close that out, we will open up for discussion on broader issues. Would anybody else like to address the Town Board? Mrs. Egan? JOAN EGAN: Joan Egan, East Marion. Good evening to everybody or early evening and of course you all read the justice reports and checked what is happened to our town. I doubt you really did but it is easier to say yes to me, correct? SUPERVISOR RUSSELL: That is right. MS. EGAN: Just like my children, that yes me to death. But we always catch you in those things. Item 674, I think the dispatchers could do just as well doing the computer, the telephone, not have to spend the public’s money to go up there to Albany. That is how I see it. Oh, item 676, this is money allocated for police and retirement and that is good and have we thought further about hiring one of these retired policemen or firemen who might be qualified to become a court officer on Friday morning? SUPERVISOR RUSSELL: We actually have a court officer who is qualified. MS. EGAN: I know he is but we need another one to man a machine by the door. SUPERVISOR RUSSELL: As soon as we get one. You are right, it is a good point. August 14, 2007 Page 4 Minutes Southold Town Board Meeting MS. EGAN: Oh, I know I am and don’t tell me it is a good point, that we all agree except Mr. Ross, right dear? COUNCILMAN ROSS: That is correct, Mrs. Egan. MS. EGAN: Well, you are heading for trouble and that is fine. You know, I am the type… COUNCILMAN ROSS: I have been there before. MS. EGAN: Excuse me. I am the type to say ‘I told you so’, you know that. COUNCILMAN ROSS: I know. MS. EGAN: Oh, item 677, the public works. When are we getting the park in East Marion? SUPERVISOR RUSSELL: That work is underway already. I think we are still waiting for some outstanding issues, such as the fence etc. but a lot of the work has been done. MS. EGAN: That will probably be after Labor Day? SUPERVISOR RUSSELL: Hopefully. MS. EGAN: It should be before because you know, the summer is over by then. SUPERVISOR RUSSELL: Right. MS. EGAN: Oh, item 684, an independent audit of the Justice court. And I think that is great. Now, that company, is that a local CPA company? SUPERVISOR RUSSELL: I believe they are located in Riverhead. MS. EGAN: So it is not a local? SUPERVISOR RUSSELL: No. I am not sure a local firm would have that municipal experience to do that work. MS. EGAN: That could be. It could be. Of course, I always worry about that little Justice Court building and certainly that needs some cleaning up. The carpeting. You should listen to this, Mrs. Finnegan, because if they hurt themselves tripping on that carpeting that is falling apart, you might have a little lawsuit on your hands. So I would advise each one of you up there to go over and take a look yourselves. If you haven’t done it before. Now, we have another change, 685, we have another change at the Human Resource Center and I think this is wrong, it has to be, in my opinion, bad management. Now, 687, you have here install flashing beacons. Now is this for the school? August 14, 2007 Page 5 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: This is specifically for the one located on Route 25 in Greenport. MS. EGAN: We have to pay for that? SUPERVISOR RUSSELL: What we do is we work out an agreement. The state will pay for the lights, we will generally contract for a management or maintenance agreement. MS. EGAN: And what about the one in Mattituck? SUPERVISOR RUSSELL: The one in Mattituck will be a similar situation. Hopefully we will be getting one soon. MS. EGAN: Good. Before school opens? SUPERVISOR RUSSELL: I hope so. MS. EGAN: I hope so, too. Oh, I think that this is marvelous. I think it is hopefully been going on for awhile, the 689. Now are we going to install some type of program out here or have we already been doing the correct thing? SUPERVISOR RUSSELL: We are learning more everyday and we are doing the more correct thing everyday. All this was in agreement of understanding that we are subscribing to the US cities initiative to be a more responsible town government. And there will be suggestions, there is lots of things that you need to do over the course of time and the Alternative and Renewable Energy’s Committee will be making recommendations to us on how to be a more efficient town government with regard to our energy use. MS. EGAN: And I think the average public could contribute to this, you know, with a postcard up here or a telephone call. Things that they see that can help because it is bad. Okay, now I see the, 690, the Peconic Land Trust and that is fine. The Peconic Land Trust building on the Main Road here is a disgrace. It has run-off soil and it is wrong. They have that building behind them and they should sure clean up their act. Oh, 691, maybe our dream come true? When will that be operable? SUPERVISOR RUSSELL: This is a resolution authorizing my ability to sign a contract on behalf of the Town Board. The vote will be, I believe, in September for the school… TOWN ATTORNEY FINNEGAN: November. SUPERVISOR RUSSELL: Oh, it is a November vote. That is right. Okay, it would be a November vote. We couldn’t buy the school without the authorization of the people of that school district. MS. EGAN: I realize that, yeah. And let’s say that it goes, that we do acquire it, is it going to be much to renovate it? To make it operable for seniors or others? August 14, 2007 Page 6 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: The cost of renovation is going to be, I think we have done a few estimates, probably in the $200,000-$300,000 range. Even a little bit more depending on how far we take it. But we do have money already in hand to do that. MS. EGAN: Good. Yeah. And how is our Recreation center coming along? You know, we had a lot of input and gave you a lot of information on it. SUPERVISOR RUSSELL: We developed a capital budget for it, the money is there. I think the chief of DPW is expecting bids. I think everything is out to bid now, including the new roof. MS. EGAN: Good. Now, the other is coming up now, the SEQRA thing about the beaches and all of that, shellfish. And every time we turn around it looks like something is attacking us, right Mr. Krupski? COUNCILMAN KRUPSKI: We try to stay ahead of it, though. MS. EGAN: Hmm? COUNCILMAN KRUPSKI: This law, the Trustees worked a lot on this new shellfish code revisions. A lot of the things were quite antiquated, dating back to the 30’s. I think they did a nice job on that. We are going to have a nice discussion on that later. MS. EGAN: Oh, I am sure they did. But every time you turn around, something new is attacking our wetlands. You have to stay on top of it. Thank you. SUPERVISOR RUSSELL: Would anybody else like to comment on any of the agenda items? (No response) Hearing none, let’s move forward. Supervisor Russell Joan Egan, East Marion Minutes Approval RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Tuesday, May 22, 2007 Vote Record - Acceptance of Minutes for May 22, 2007 4:30 PM ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ???????? William P. Edwards Voter ???????? Daniel C. Ross Voter ? Accepted ?????????? Accepted as Amended Thomas H. Wickham Seconder ?? Tabled ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter ???????? Elizabeth A. Neville ???????? Patricia A. Finnegan August 14, 2007 Page 7 Minutes Southold Town Board Meeting V. Resolutions 2007-672 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit 8/14/07 RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby August 14, 2007. Vote Record - Resolution RES-2007-672 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ???????? William P. Edwards Voter ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ?????????? Defeated Thomas H. Wickham Seconder ?? Tabled ???????? Louisa P. Evans Initiator ?? Withdrawn ???????? Scott Russell Initiator ???????? Elizabeth A. Neville ???????? Patricia A. Finnegan 2007-673 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Next Town Board Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, August 28, 2007 at the Southold Town Hall, Southold, New York at 7:30 P. M.. Vote Record - Resolution RES-2007-673 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ???????? William P. Edwards Voter ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ?????????? Defeated Thomas H. Wickham Seconder ?? Tabled ???????? Louisa P. Evans Initiator ?? Withdrawn ???????? Scott Russell Voter ???????? Elizabeth A. Neville ???????? Patricia A. Finnegan 2007-674 CATEGORY: Attend Seminar DEPARTMENT: Police Dept Grant Permission to Public Safety Dispatchers Bryan Weingart and Mark Zaleski to Attend a New York State Police Information Network (NYSPIN) Advisory Committee Meeting In Albany, NY August 14, 2007 Page 8 Minutes Southold Town Board Meeting RESOLVED grants permission to Public that the Town Board of the Town of Southold hereby Safety Dispatcher II Bryan Weingart and Public Safety Dispatcher I Mark Zaleski to attend a NYSPIN Advisory Committee meeting in Albany, New York, commencing Thursday, November 1 through Friday, November 2, 2007. All expenses for registration, gas, tolls and lodging to be a legal charge to the 2007 Public Safety Communications training budget line - A.3020.4.600.400. Travel to be by Department vehicle. Vote Record - Resolution RES-2007-674 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Initiator ???????? William P. Edwards Seconder ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ?????????? Defeated Thomas H. Wickham Voter ?? Tabled ???????? Louisa P. Evans Voter ?? Withdrawn ???????? Scott Russell Initiator ???????? Elizabeth A. Neville ???????? Patricia A. Finnegan 2007-675 CATEGORY: Budget Modification DEPARTMENT: Police Dept Budget Modification - Police RESOLVEDmodifies the 2007 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: To Revenues: A.2680.00 Insurance Recoveries $ 2,714.67 To: Appropriations: A.3120.4.400.650 Vehicle Maintenance & Repairs $ 2,714.67 Vote Record - Resolution RES-2007-675 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Seconder ???????? William P. Edwards Initiator ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ?????????? Defeated Thomas H. Wickham Voter ?? Tabled ???????? Louisa P. Evans Voter ?? Withdrawn ???????? Scott Russell Initiator ???????? Elizabeth A. Neville ???????? Patricia A. Finnegan August 14, 2007 Page 9 Minutes Southold Town Board Meeting 2007-676 CATEGORY: Budget Modification DEPARTMENT: Accounting Modify Budget for Estimate Retirement System Bill RESOLVEDmodifies the 2007 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: To: A.9015.8.000.000 Police & Fire Retirement System $77,800 From: A.9010.8.000.000 Employees Retirement System $6,100 A.9060.8.000.000 Hospital & Medical Insurance Benefits 71,700 Vote Record - Resolution RES-2007-676 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ???????? William P. Edwards Seconder ? Adopted ???????? Daniel C. Ross Initiator ?? Adopted as Amended ?????????? Defeated Thomas H. Wickham Voter ?? Tabled ???????? Louisa P. Evans Voter ?? Withdrawn ???????? Scott Russell Voter ???????? Elizabeth A. Neville ???????? Patricia A. Finnegan 2007-677 CATEGORY: Budget Modification DEPARTMENT: Public Works Southold Parking Lot Grant RESOLVEDmodifies the 2007 that the Town Board of the Town of Southold hereby Southold Town budget as follows: To: Revenues Southold/Greenport Chamber Grant A.2389.40 $51,000 To: Appropriations Southold Parking Lot Repairs A.5650.2.100.200 $51,000 August 14, 2007 Page 10 Minutes Southold Town Board Meeting Vote Record - Resolution RES-2007-677 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ???????? William P. Edwards Voter ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ?????????? Defeated Thomas H. Wickham Seconder ?? Tabled ???????? Louisa P. Evans Initiator ?? Withdrawn ???????? Scott Russell Initiator ???????? Elizabeth A. Neville ???????? Patricia A. Finnegan 2007-678 CATEGORY: Surplus Equip - Non Usable DEPARTMENT: Police Dept Surplus Equipment Non-Usable - Police WHEREAS, no bids were received for the 2004 Ford Crown Victoria - 2FAHP71WX4X164587 at Police Headquarters, now therefore be it RESOLVEDdeclares the 2004 Ford that the Town Board of the Town of Southold hereby Crown Victoria - 2FAHP71WX4X164587 to be unusable surplus equipment and should be disposed of. Vote Record - Resolution RES-2007-678 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ???????? William P. Edwards Voter ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ?????????? Defeated Thomas H. Wickham Initiator ?? Tabled ???????? Louisa P. Evans Seconder ?? Withdrawn ???????? Scott Russell Initiator ???????? Elizabeth A. Neville ???????? Patricia A. Finnegan 2007-679 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Appoint Scott Hilary to the Southold Town Parks, Beaches and Recreation Committee RESOLVEDappoints Scott Hilary to that the Town Board of the Town of Southold hereby the Southold Town Parks, Beaches and Recreation Committee effective immediately through March 31, 2009 to fill the vacancy created by the resignation of Derek Bossen. August 14, 2007 Page 11 Minutes Southold Town Board Meeting Vote Record - Resolution RES-2007-679 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Initiator ???????? William P. Edwards Voter ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ?????????? Defeated Thomas H. Wickham Voter ?? Tabled ???????? Louisa P. Evans Seconder ?? Withdrawn ???????? Scott Russell Initiator ???????? Elizabeth A. Neville ???????? Patricia A. Finnegan 2007-680 CATEGORY: Retirement/Resignation DEPARTMENT: Town Clerk Accept the Resignation of Kevin Glew From the Position of Student Intern In the Records Management Department RESOLVEDaccepts, with regret, the that the Town Board of the Town of Southold hereby resignation of Kevin Glew from the position of Student Intern in the Records Management Department , effective immediately. Vote Record - Resolution RES-2007-680 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Seconder ???????? William P. Edwards Initiator ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ?????????? Defeated Thomas H. Wickham Voter ?? Tabled ???????? Louisa P. Evans Voter ?? Withdrawn ???????? Scott Russell Initiator ???????? Elizabeth A. Neville ???????? Patricia A. Finnegan 2007-681 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification -- Independant Auditing RESOLVEDmodifies the 2007 that the Town Board of the Town of Southold hereby General Fund Whole Town budget as follows: To: A.1320.4.500.300 Accountants $ 5,000.00 From: A.1990.4.100.100 Unallocated Contingencies $ 5,000.00 August 14, 2007 Page 12 Minutes Southold Town Board Meeting Vote Record - Resolution RES-2007-681 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Seconder ???????? William P. Edwards Initiator ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ?????????? Defeated Thomas H. Wickham Voter ?? Tabled ???????? Louisa P. Evans Voter ?? Withdrawn ???????? Scott Russell Initiator ???????? Elizabeth A. Neville ???????? Patricia A. Finnegan 2007-682 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to North Side-Out Beach Volleyball League to Park Overflow Vehicles of Participating Players and Observers, on Breakwater Road, Mattituck RESOLVEDgrants permission to North that the Town Board of the Town of Southold hereby Side-Out Beach Volleyball League to park overflow vehicles of participating players and observers, on Breakwater Road, Mattituck on Saturday, August 18, 2007 for the purpose of holding Beach Volleyball Tournaments, and these vehicles shall be exempt from Southold Town parking fees for that day; vehicles shall display appropriate windshield or visor markers for easy identification provided the North Side-Out Beach Volleyball League contacts Captain Flatley upon receipt of this resolution to coordinate parking for that date. Vote Record - Resolution RES-2007-682 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ???????? William P. Edwards Voter ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ?????????? Defeated Thomas H. Wickham Seconder ?? Tabled ???????? Louisa P. Evans Initiator ?? Withdrawn ???????? Scott Russell Voter ???????? Elizabeth A. Neville ???????? Patricia A. Finnegan 2007-683 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to Southold Historical Society to Park Overflow Vehicles on the Town Roadway by the Horton Point Lighthouse During a Special Performance of the Opera Company of Brooklyn RESOLVEDgrants permission to that the Town Board of the Town of Southold hereby Southold Historical Society to park overflow vehicles on the town roadway by the Horton August 14, 2007 Page 13 Minutes Southold Town Board Meeting Point Lighthouse on Saturday, August 18, 2007 from 5:00 PM to 7:00 PM for the purpose of hosting a special performance of the Opera Company of Brooklyn at Horton Point Lighthouse and these vehicles shall be exempt from Southold Town parking fees for that day; provided the Southold Historical Society contacts Captain Flatley upon receipt of this resolution to coordinate parking for that date. Vote Record - Resolution RES-2007-683 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ???????? William P. Edwards Voter ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ?????????? Defeated Thomas H. Wickham Initiator ?? Tabled ???????? Louisa P. Evans Seconder ?? Withdrawn ???????? Scott Russell Voter ???????? Elizabeth A. Neville ???????? Patricia A. Finnegan 2007-684 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Accounting Engage Albrecht, Viggiano, Zureck & Co for Audit RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an agreement with Albrecht, Viggiano, Zureck and Co., CPAs to conduct an audit of the Southold Town Justice Court as required by the New York State Office of Court Administration for the year ended December 31, 2006, in an amount not to exceed $5,000 and which shall be a legal charge to the General Fund Whole Town Independent Auditing and Accounting Budget (A.1320.4.500.300), all in accordance with the approval of the Town Attorney. Vote Record - Resolution RES-2007-684 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Initiator ???????? William P. Edwards Seconder ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ?????????? Defeated Thomas H. Wickham Voter ?? Tabled ???????? Louisa P. Evans Voter ?? Withdrawn ???????? Scott Russell Voter ???????? Elizabeth A. Neville ???????? Patricia A. Finnegan 2007-685 CATEGORY: Retirement/Resignation August 14, 2007 Page 14 Minutes Southold Town Board Meeting DEPARTMENT: Accounting Resignation of John Murphy, PT Driver HRC RESOLVEDaccepts the resignation of that the Town Board of the Town of Southold hereby John R. Murphy from the position of part-time driver in the Human Resource Center , effective on or about September 1, 2007. Vote Record - Resolution RES-2007-685 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ???????? William P. Edwards Initiator ? Adopted ???????? Daniel C. Ross Seconder ?? Adopted as Amended ?????????? Defeated Thomas H. Wickham Voter ?? Tabled ???????? Louisa P. Evans Voter ?? Withdrawn ???????? Scott Russell Initiator ???????? Elizabeth A. Neville ???????? Patricia A. Finnegan 2007-686 CATEGORY: Bid Acceptance DEPARTMENT: Solid Waste Management District Accept Bid on C&D Slab RESOLVED accepts the bid of that the Town Board of the Town of Southold hereby KJB Industries to construct a concrete slab for the processing of C&D debris at the Cutchogue Transfer Station in the amount of $ 37,737, which shall be a legal charge to the 2007 Capital Budget, C & D Process Slab, H.8160.2.500.200, all in accordance with the specifications prepared by the Solid Waste Coordinator and the approval of the Town Attorney. Vote Record - Resolution RES-2007-686 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Initiator ???????? William P. Edwards Seconder ? Adopted ???????? Daniel C. Ross Initiator ?? Adopted as Amended ?????????? Defeated Thomas H. Wickham Initiator ?? Tabled ???????? Louisa P. Evans Seconder ?? Withdrawn ???????? Scott Russell Voter ???????? Elizabeth A. Neville ???????? Patricia A. Finnegan 2007-687 CATEGORY: Budget Modification DEPARTMENT: Community Development August 14, 2007 Page 15 Minutes Southold Town Board Meeting Flashing Beacon - GPT School RESOLVEDmodifies the 2007 that the Town Board of the Town of Southold hereby Southold Town budget as follows: To: Revenues: A.3089.80 Department of State Grant $17,500 Appropriations: A.3310.2.400.100 Install Flashing Beacons $19,100 From: Appropriations: A.1990.4.100.100 Unallocated Contingencies $ 1,600 Vote Record - Resolution RES-2007-687 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ???????? William P. Edwards Voter ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ?????????? Defeated Thomas H. Wickham Seconder ?? Tabled ???????? Louisa P. Evans Initiator ?? Withdrawn ???????? Scott Russell Voter ???????? Elizabeth A. Neville ???????? Patricia A. Finnegan 2007-688 CATEGORY: Bid Acceptance DEPARTMENT: Town Clerk Reject Any & All Bids New Suffolk Drainage RESOLVEDrejects any and all bids that the Town Board of the Town of Southold hereby received in conjunction with the New Suffolk Drainage project. Vote Record - Resolution RES-2007-688 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ???????? William P. Edwards Voter ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ???????? ??Thomas H. Wickham Initiator Defeated ?? Tabled ???????? Louisa P. Evans Seconder ?? Withdrawn ???????? Scott Russell Initiator ???????? Elizabeth A. Neville ???????? Patricia A. Finnegan August 14, 2007 Page 16 Minutes Southold Town Board Meeting 2007-689 CATEGORY: Support Resolution DEPARTMENT: Town Clerk Endorse the US Mayors Climate Protection Agreement WHEREAS, the U.S. Conference of Mayors has previously adopted strong policy resolutions calling for cities, communities and the federal government to take actions to reduce global warming pollution; and WHEREAS, the Inter-Governmental Panel on Climate Change (IPCC), the international community’s most respected assemblage of scientists, has found that climate disruption is a reality and that human activities are largely responsible for increasing concentrations of global warming pollution; and WHEREAS, recent, well-documented impacts of climate disruption include average global sea level increases of four to eight inches during the 20th century; a 40 percent decline in Arctic sea- ice thickness; and nine of the ten hottest years on record occurring in the past decade; and WHEREAS, climate disruption of the magnitude now predicted by the scientific community will cause extremely costly disruption of human and natural systems throughout the world including: increased risk of floods or droughts; sea-level rises that interact with coastal storms to erode beaches, inundate land, and damage structures; more frequent and extreme heat waves; more frequent and greater concentrations of smog; and WHEREAS, on February 16, 2005, the Kyoto Protocol, an international agreement to address climate disruption, went into effect in the 141 countries that have ratified it to date; 38 of those countries are now legally required to reduce greenhouse gas emissions on average 5.2 percent below 1990 levels by 2012; and WHEREAS, the United States of America, with less than five percent of the world’s population, is responsible for producing approximately 25 percent of the world’s global warming pollutants; and WHEREAS, the Kyoto Protocol emissions reduction target for the U.S. would have been 7 percent below 1990 levels by 2012; and WHEREAS, many leading US companies that have adopted greenhouse gas reduction programs to demonstrate corporate social responsibility have also publicly expressed preference for the US to adopt precise and mandatory emissions targets and timetables as a means by which to remain competitive in the international marketplace, to mitigate financial risk and to promote sound investment decisions; and WHEREAS, state and local governments throughout the United States are adopting emission reduction targets and programs and that this leadership is bipartisan, coming from Republican and Democratic governors and mayors alike; and WHEREAS, many cities throughout the nation, both large and small, are reducing global warming pollutants through programs that provide economic and quality of life benefits such as reduced energy bills, green space preservation, air quality improvements, reduced traffic congestion, improved transportation choices, and economic development and job creation through energy conservation and new energy technologies; and WHEREAS, mayors from around the nation have signed the U.S. Mayors Climate Protection Agreement which, as amended at the 73rd Annual U.S. Conference of Mayors meeting, reads: The U.S. Mayors Climate Protection Agreement August 14, 2007 Page 17 Minutes Southold Town Board Meeting A. We urge the federal government and state governments to enact policies and programs to meet or beat the target of reducing global warming pollution levels to 7 percent below 1990 levels by 2012, including efforts to: reduce the United States’ dependence on fossil fuels and accelerate the development of clean, economical energy resources and fuel-efficient technologies such as conservation, methane recovery for energy generation, waste to energy, wind and solar energy, fuel cells, efficient motor vehicles, and biofuels; B. We urge the U.S. Congress to pass bipartisan greenhouse gas reduction legislation that includes 1) clear timetables and emissions limits and 2) a flexible, market-based system of tradable allowances among emitting industries; and C. We will strive to meet or exceed Kyoto Protocol targets for reducing global warming pollution by taking actions in our own operations and communities such as: 1. Inventory global warming emissions in City operations and in the community, set reduction targets and create an action plan. 2. Adopt and enforce land-use policies that reduce sprawl, preserve open space, and create compact, walkable urban communities; 3. Promote transportation options such as bicycle trails, commute trip reduction programs, incentives for car pooling and public transit; 4. Increase the use of clean, alternative energy by, for example, investing in “green tags”, advocating for the development of renewable energy resources, recovering landfill methane for energy production, and supporting the use of waste to energy technology; 5. Make energy efficiency a priority through building code improvements, retrofitting city facilities with energy efficient lighting and urging employees to conserve energy and save money; 6. Purchase only Energy Star equipment and appliances for City use; 7. Practice and promote sustainable building practices using the U.S. Green Building Council's LEED program or a similar system; 8. Increase the average fuel efficiency of municipal fleet vehicles; reduce the number of vehicles; launch an employee education program including anti-idling messages; convert diesel vehicles to bio-diesel; 9. Evaluate opportunities to increase pump efficiency in water and wastewater systems; recover wastewater treatment methane for energy production; 10. Increase recycling rates in City operations and in the community; 11. Maintain healthy urban forests; promote tree planting to increase shading and to absorb CO2; and 12. Help educate the public, schools, other jurisdictions, professional associations, business and industry about reducing global warming pollution. NOW, THEREFORE, BE IT RESOLVED Town of Southold endorses the U.S. that the Mayors Climate Protection Agreement as written and urges mayors from around the nation to join this effort. BE IT FURTHER RESOLVED, that the Town of Southold will work in conjunction with ICLEI Local Governments for Sustainability and other appropriate organizations to track progress and implementation of the U.S. Mayors Climate Protection Agreement. August 14, 2007 Page 18 Minutes Southold Town Board Meeting Vote Record - Resolution RES-2007-689 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Initiator ???????? William P. Edwards Seconder ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ?????????? Defeated Thomas H. Wickham Voter ?? Tabled ???????? Louisa P. Evans Voter ?? Withdrawn ???????? Scott Russell Initiator ???????? Elizabeth A. Neville ???????? Patricia A. Finnegan 2007-690 CATEGORY: Property Acquisition Purchase DEPARTMENT: Town Attorney Peconic Land Trust Purchase WHEREAS, the Peconic Land Trust is negotiating on behalf of the New Suffolk community to acquire the property located at the foot of Main Street, otherwise known as 650 First Street, Suffolk County Tax Map No. District 1000, Section 117.00, Block 08.00, Lots 018.000 and 023.000; and WHEREAS, the Peconic Land Trust has obtained a contract from the Love Lane Acquisition Corp. whereby the premises will be sold to the Peconic Land Trust for conservation purposes; and WHEREAS, the Town’s Local Waterfront Revitalization Plan specifically designated this property as an important public asset that should be used at a scale appropriate to the New Suffolk community; it is therefore RESOLVED that the Town Board of the Town of Southold supports the Peconic Land Trust acquisition and agrees to commit funds and staff resources to support the acquisition, the details of which will be subject to a public hearing; and it is further RESOLVED that the Town Board of the Town of Southold in support of this effort agrees to work with the Peconic Land Trust to ensure public/private use of the site within the existing or future parameters of the Zoning Code. August 14, 2007 Page 19 Minutes Southold Town Board Meeting Vote Record - Resolution RES-2007-690 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ???????? William P. Edwards Initiator ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ?????????? Defeated Thomas H. Wickham Seconder ?? Tabled ???????? Louisa P. Evans Voter ?? Withdrawn ???????? Scott Russell Initiator ???????? Elizabeth A. Neville ???????? Patricia A. Finnegan 2007-691 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Contract W/Southold UFSD Purchase Peconic School RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Russell to execute a contract with the Southold UFSD for the purchase of the Peconic School , SCTM# 1000-75-1-13, said contract subject to the approval of the Town Attorney. Vote Record - Resolution RES-2007-691 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ???????? William P. Edwards Voter ? Adopted ???????? Daniel C. Ross Initiator ?? Adopted as Amended ?????????? Defeated Thomas H. Wickham Voter ?? Tabled ???????? Louisa P. Evans Seconder ?? Withdrawn ???????? Scott Russell Initiator ???????? Elizabeth A. Neville ???????? Patricia A. Finnegan 2007-692 CATEGORY: Seqra DEPARTMENT: Town Attorney SEQRA for Shellfish LL RESOLVED“A that the Town Board of the Town of Southold hereby finds that the proposed Local Law in relation to Shellfish and Other Marine Resources” 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 August 14, 2007 Page 20 Minutes Southold Town Board Meeting recommendation of Mark Terry dated August 13, 2007, and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith. Vote Record - Resolution RES-2007-692 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ???????? William P. Edwards Voter ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ?????????? Defeated Thomas H. Wickham Seconder ?? Tabled ???????? Louisa P. Evans Initiator ?? Withdrawn ???????? Scott Russell Initiator ???????? Elizabeth A. Neville ???????? Patricia A. Finnegan 2007-693 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact Shellfish Local Law WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk th “A Local Law in relation County, New York, on the 17 day of July, 2007 a Local Law entitled to Shellfish and Other Marine Resources” AND WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Law at which time all interested persons were given an opportunity to be hear, now therefor be it RESOLVED that the Town Board of the Town of Southold finds that this Local Law is CONSISTANT with the LWRP and be it further RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed “A Local Law in relation to Shellfish and Other Marine Resources” Local Law entitled, which reads as follows: LOCAL LAW NO. 2007 “A Local Law in relation to Shellfish and Other Marine A Local Law entitled, Resources” . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - It is the purpose and intent of the amendments to this Chapter to provide for the protection, the preservation and the proper use and maintenance of Town waters and lands under Town waters, to minimize damage thereto and to enhance their use for the propagation of shellfish and other beneficial marine organisms and thereby protect and promote the public health, safety and welfare of the Town of Southold. August 14, 2007 Page 21 Minutes Southold Town Board Meeting II. Chapter 219 of the Code of the Town of Southold is hereby amended as follows: ARTICLE I Catching of Shrimp [Adopted by 6-29-1933] General Provisions §219-1. Taking of shrimp by nonresidents prohibited. It shall be unlawful for any person not a resident of the Town of Southold to take shrimp from the waters of Brush's Creek, Willes Creek, Downs Creek, James Creek, West Creek, Richmond's Creek, Corey's Creek, Cedar Beach Creek, Goose Creek, Jockey Creek, Town Creek, Mill Creek, Long Creek, Budd's Pond, Dam Pond, Mattituck Creek, Goldsmith's Creek, Squash Creek, Wickham's Creek and Little Creek, or other creeks or inland waters within the bounds of said Township. §219-2 1. Residence requirements. Persons shall be deemed to be residents of the Town of Southold at any given date, within the meaning of this article Chapter, when they shall have actually and continuously resided within the said Town for a period of at least six (6) months sixty (60) days immediately preceding such date. §219-3 2. Effect. No provision of this article shall be deemed to prevent any person or persons residing within the Town of Southold from angling for fish for other than commercial purposes. §219-4. Penalties for offenses. Any violation of this article shall be subject to a penalty of not less than $5 nor more than $100 and costs. ARTICLE II Taking of Shellfish and Eels [Adopted by 6-23-1966] §219-5 3. Title. This article Chapter shall be known as the "Shellfish and Other Marine Resources Law of the Town of Southold." §219-7 4. Definitions. For the purposes of this article Chapter, the terms used herein are defined as follows: AQUACULTURE/MARICULTURE - The cultivation, planting, containment or harvesting of products that naturally are produced in the marine environment, including fish, shellfish, crustaceans and seaweed, and the installation of cribs, racks and in-water structures for cultivating such products, but excluding the construction of any building, any filling or dredging or the construction of any water regulating structures. BOAT/VESSEL - Any floating object capable of carrying people as a means of transportation in water, including without limitation an airplane capable of landing on water, any floating August 14, 2007 Page 22 Minutes Southold Town Board Meeting structure not otherwise considered to be part of a dock structure as defined herein, with or without means of propulsion, which object can be moored independently or can be secured by any means to a piling, dock, bulkhead, groin or other fixed device located above mean high water. Floating docks are excluded from this definition. CHANNEL SYSTEM - The bed of a natural waterway with well-defined banks presenting the evidence of the flow of tidal waters, which is commonly traversed by boat/vessel and is designated by channel markers, including man-made or stabilized waterways designed for the navigation of boats/vessels. For the purpose of this Chapter, boat basins and bathing areas are included within this definition. CHURNING - The removal of shellfish from lands below average low water by utilizing a propwash from a skip-mounted outboard motor. COMMERCIAL PURPOSES - Any use or purpose other than for food consumption by the persons taking the shellfish or by members of such person's household. Taking, containment or harvesting of shellfish or other marine resources to sell to a third party. CONTAINMENT - The placement and possession of shellfish in a basket, tub, bag, or any other type of container. CULLING - Separating shellfish or other marine resources according to size. EEL - The American eel. FIXED GEAR - Fishing equipment that is set in a stationary position, including without limitation pots, moorings, long line, hand line, weir nets, gillnets and traps. GUEST - A person who temporarily occupies living quarters in a dwelling maintained by a permanent resident. MARINE RESOURCES - Blue claw crabs, horseshoe crabs, eels and mussels. NON-RESIDENT - One who does not reside in the Town of Southold. PATENT LANDS - All uplands and underwater lands owned in fee title by the Town of Southold Board of Trustees by virtue of the Andros Patent. PERMANENT RESIDENT - A person who has maintained a permanent dwelling within the Town of Southold during the period of not less than 60 days immediately preceding the date of his application for a permit hereunder, or the date of taking shellfish if no permit is required. SCAP NET - A hand-operated net attached to a handle with an opening across the mouth of no more than 14 inches. August 14, 2007 Page 23 Minutes Southold Town Board Meeting SHELLFISH - Clams, scallops, oysters, blue claw crabs, mussels, periwinkles and , conchs, channeled whelk and knobbed whelk. TAKING - The removal or harvesting of shellfish and other marine resources by any means. TAXPAYER - A person who owns real property as shown on the assessment roll of the Town of Southold. TEMPORARY RESIDENT - A person who has occupied living quarters within the Town of Southold during the period of not less than seven days immediately preceding the date of his application for a permit hereunder. TOWN WATERS - All waters and lands under tidewater in any harbor, bay or creek, title to which and the right of fishing in which is vested in the Town of Southold and/or in the Board of Trustees of the Town of Southold. TOWN WATERS - All the waters lying over Patent Lands. ARTICLE II Shellfish §219-8 6. Permit requirements. A. Shellfish may be taken from Town waters for commercial purposes by a permanent resident over the age of 14 years upon first obtaining a commercial shellfish permit therefor from the Town Clerk of the Town of Southold. (1) Persons Aages 12 and 13 can apply for a junior commercial shellfish license which will allow them to catch half the commercial limit. The junior commercial shellfish license and will be at half the cost of a commercial license. The parents or guardian of the applicant for a junior commercial shellfish license must sign for the holder of the junior license, making the parent or guardian responsible for any violation incurred. B. Shellfish may be taken from Town waters by a non- temporary resident upon first obtaining a non- temporary resident shellfish permit therefor from the Town Clerk of the Town of Southold. C. Shellfish may be taken from Town waters for noncommercial purposes by a permanent resident or taxpayer upon first obtaining a permanent resident or taxpayer's permit therefor from the Town Clerk of the Town of Southold. D. Shellfish may be taken from Town waters for noncommercial purposes without obtaining a permit therefor by a guest when accompanied by a permanent resident in whose dwelling such guest occupies living quarters, provided that such permanent resident is the holder of a valid shellfish permit. Notwithstanding any other provisions of this article Chapter, the quantity of shellfish taken by a guest or guests shall be added to the quantity taken by the permanent resident accompanying the guest or guests, and the total amount thereof shall not exceed, in the aggregate, the maximum daily quantity prescribed in this article Chapter for August 14, 2007 Page 24 Minutes Southold Town Board Meeting such permanent resident. E. No person not a permanent resident, a taxpayer, a temporary resident or a guest accompanied by a permanent resident shall take shellfish in any manner at any time from Town waters without a permit issued pursuant to this Chapter. F. The possession of shellfish in excess of the limits, or of less size than that, set forth in this Chapter, found aboard any boat or vessel in the waters of the Town of Southold, shall be deemed presumptive evidence of a violation of this article. G. Shellfish may be taken from Town waters for noncommercial purposes by a permanent resident under the age of 14 years without obtaining a permit therefor. [Added 7-7-1982 by L.L. No. 5-1982] §219-9 7. Permit fee; expiration; display. A. The fee for a commercial shellfish permit shall be set from time to time by resolution of the Town Board, upon recommendation by the Board of Trustees. $20. Effective on and after January 1, 1991, the fee for a commercial shellfish permit shall be $35. Such permit shall expire on December 31 of the year of its issuance. B. The fee for a non- temporary resident shellfish permit shall be set from time to time by resolution of the Town Board, upon recommendation by the Board of Trustees. $10. Such permit shall be issued only for the period of time that such temporary resident occupies living quarters within the Town of Southold. The non-resident permit shall expire on September 15 of the year of its issuance. C. The fee for a non-commercial permanent resident or taxpayer shellfish permit shall be $3. Effective on and after January 1, 1991, the fee for such permit shall be $5. Such permit shall expire on December 31 of the year of issuance. There shall be no fee for a permanent resident who has attained the age of 62 years. D. The holder of a shellfish permit shall carry the permit assigned to him on his person while engaged in the permitted activities, and the failure of such holders to exhibit his their permit to an enforcement officer shall be presumptive evidence that no valid permit has been issued to them him. §219-10 8. Scallops. A. The Trustees of the Town of Southold may establish, by resolution, the dates of the commercial and noncommercial scallop season based on the environmental and economic conditions in effect each year. [Amended 9-6-1994 by L.L. No. 19- 1994] Scallop season for residents and non-residents shall be set pursuant to New York State, as adopted by Board of Trustee resolution. B. Subject to the provisions of this section, during the first two weeks of Scallop season, harvesting in Town Waters shall be by hand or with a scalp net only. During the first two weeks of Scallop season, harvesting in Town Waters shall be open to all permit holders, for the noncommercial limits set forth herein. During the noncommercial scallop season, not more than 1/2 bushel of scallops may be August 14, 2007 Page 25 Minutes Southold Town Board Meeting taken from Town waters in any one day by hand or with a scalp net. [Amended 7- 7-1982 by L.L. No. 5-1982; 9-6-1994 by L.L. No. 19-1994] C. Except as set forth above, dDuring the commercial scallop season, scallops may be taken from Town waters with a dredge or scrape having an opening at the mouth of not more than 36 inches in width when towed by a boat operated by mechanical power or other means, provided that such dredge or scrape is brought aboard the boat by hand power without the use of a mechanical device.] D. Subject to the provisions of this section, a permanent resident, a taxpayer, a temporary non-resident or a guest, when accompanied by a permanent resident, may take from Town waters not more than 1/2 bushel of scallops for noncommercial purposes in any one day by any one (1) person. Two (2) or more persons occupying the same boat may take, in the aggregate, not more than one (1) bushel of scallops in one (1) day for noncommercial purposes. for other than commercial purposes. [Amended 7-7-1982 by L.L. No. 5-1982] E. Subject to the provisions of this section, not more than five bushels of scallops may be taken from Town waters for commercial purposes in any one day by any one person. Two or more persons occupying the same boat may take, in the aggregate, not more than 10 bushels of scallops in one day for commercial purposes. F. Scallops shall not be taken from Town waters during the period from sunset to sunrise. G. Scallops shall not be taken from Town waters on Sundays except by hand or with a scalp net by uses of dredge or other power device. H. Only scallops measuring more than 2 1/4 inches from the middle of the hinge to the middle of the bill may be taken from Town waters except as provided below. Amended 1-21-1997 by L.L. No. 2-1997] H. I. Scallops measuring less than 2 1/4 inches with an annual growth line having an annual growth line and measuring not less than 2 ¼” from the middle of the hinge to the middle of the bill may be taken from Town waters only by resolution of the Southold Town Board of Trustees. §219-11 9. Clams. A. Hard clams less than one inch in thickness shall not be contained taken from Town waters and shall be subject to the requirements set forth in Section 219- 14A. B. Soft or steamer clams less than two inches in the longest diameter shall not be contained taken from Town waters and shall be subject to the requirements set forth in Section 219-14A. C. Churning by power may not be employed in the taking of soft clams on land below the high-tide line in Town waters. D. A permanent resident, a taxpayer, a temporary non-resident or a guest accompanied by a permanent resident may take contain not more than 100 hard clams and 100 soft clams from Town waters in one day for noncommercial August 14, 2007 Page 26 Minutes Southold Town Board Meeting purposes. E. Not more than 2,000 hard clams may be taken from Town waters for commercial purposes in any one day by any one person. Two or more persons occupying the same boat may take, in aggregate, not more than 4,000 hard clams in one day for commercial purposes. §219-12 10. Oysters. A. Oysters shall not be taken from Town waters during the period from May 1 to August 31 in each year, both dates inclusive, and shall be subject to the requirements of Section 219-14A. B. Oysters shall not be taken from Town waters during the period from sunset to sunrise. C. Only oysters measuring more than three inches from the hinge to the bill may be taken from Town waters, and shall be subject to the requirements of Section 219- 14A. D. A permanent resident, a taxpayer, a non-resident or a guest accompanied by a permanent resident may take not more than one-half (1/2) bushel of oysters from Town Waters for noncommercial purposes in any one (1) day by any one (1) person. Two (2) or more persons occupying the same boat may take, in the aggregate, not more than one (1) bushel of oysters from Town Waters in one (1) day for noncommercial purposes. The Trustees of the Town of Southold may establish, by resolution, the limits on the number of oysters which may be harvested for commercial purposes and noncommercial purposes. A permanent resident, a taxpayer, a temporary resident or guest accompanied by a resident may harvest oysters for noncommercial purposes in the quantities set by resolution of the Trustees. [Amended 7-7-1982 by L.L. No. 5-1982; 1-21-1997 by L.L. No. 1- 1997] Editor's Note: Former Subsection E, amended 7-31-1973, which immediately followed this subsection and dealt with the amount of oysters allowed to be taken from Town waters for commercial purposes, was repealed 1- 21-1997 by L.L. No. 1-1997. E. Not more than two thousand (2,000) oysters may be contained or taken from Town Waters for commercial purposes in any one (1) day by any one (1) person. Two (2) or more persons occupying the same boat may take, in aggregate, not more than four thousand (4,000) oysters in one (1) day from Town Waters for commercial purposes. ARTICLE III Other Marine Resources §219-113. Blue claw crabs. A. Blue claw crabs must be harvested according to New York State Department of Environmental Conservation regulations. Blue claw crabs measuring less than five inches from point to point of the upper shell shall not be taken from the waters of the Town of Southold. August 14, 2007 Page 27 Minutes Southold Town Board Meeting B. A permanent resident, a taxpayer, a temporary resident or a guest accompanied by a permanent resident may not take more than 1/2 bushel of blue claw crabs from Town waters in any one day for noncommercial purposes. [Amended 7-7-1982 by L.L. No. 5-1982] C. Female blue claw crabs shall not be taken from the waters of the Town of Southold. [Amended 7-14-1987 by L.L. No. 12-1987] D. Crab pots. No individual may set more than one crab pot, and each crab pot and buoy shall have affixed thereto the individual's shellfish permit number. [Added 7-14-1987 by L.L. No. 12-1987] §219-12 4. Mussels. A. A permanent resident, a taxpayer, a temporary non-resident or a guest accompanied by a permanent resident may not take contain more than one bushel of mussels from Town waters in one day for noncommercial purposes. Two (2) or more persons occupying the same boat may contain, in aggregate, not more than two bushels of mussels from Town Waters in one (1) day for noncommercial purposes. B. Not more than 10 bushels of mussels may be taken from Town waters for commercial purposes in one day by any one person. Two or more persons occupying the same boat may take contain, in the aggregate, not more than 20 bushels of mussels in one day for commercial purposes. C. Ribbed mussels shall be contained by handpicking only. Raking for mussels in peat bog areas shall be prohibited. D. The containment of mussels is further regulated by New York State. §219-135. Eels. A. Commercial purposes. No more than 50 eel pots or traps per permitted in Town waters shall be permitted. All pots must be identified with the shellfish permit number. B. A permanent resident, taxpayer and temporary non-resident. No more than five eel pots in Town waters shall be permitted. All pots must be identified with the shellfish permit number. C. The containment of eels is further regulated by New York State. ARTICLE IV Operational §219-146. Culling shellfish and restoration of underwater lands. A. Shellfish shall be culled when taken. All shellfish taken which do not comply with the provisions of this article Chapter shall be immediately returned alive to the water in the immediate vicinity of where they were harvested. B. All lands under Town waters disturbed by the taking of shellfish shall be restored to their condition prior to the taking of such shellfish by the person taking such shellfish. August 14, 2007 Page 28 Minutes Southold Town Board Meeting §219-15. Fixed Gear A. Fixed gear shall be placed no closer than the outer edge of any channel system and the gear shall not impede navigation. §219-167. Restricted areas. Shellfish shall not be taken from any Town waters which have been restricted by the Town Board of Trustees, provided that such restricted areas shall have been properly designated by a resolution duly passed by said Board of Trustees and properly staked and notices posted by said Board of Trustees. §219-17. Planting of Shellfish Seed. Notwithstanding any other provision of this Chapter, the Board of Trustees may approve an organization plan for planting shellfish seed in Town Waters and upon approval, the Board of Trustees may then authorize the approved organization and other volunteers acting under its supervision to plant shellfish seed in accordance with the approved plan. §219-18. Transplanting of shellfish. Notwithstanding any other provision of this article Chapter, the Town Board of Trustees may authorize the transplanting of shellfish in Town waters of any age or size, subject to its supervision, when it shall find that such shellfish are in danger of destruction as the result of predators, economic factors or other detrimental causes. §219-19. Dredges and scrapes. Except as permitted by § 219-810C of this article Chapter, the use of a dredge, scrape, ell eel dredge, hydraulic means or similar device towed by a boat operated by mechanical power or other means is prohibited in Town waters. Except as permitted by § 219-10C of this article, the use of a dredge, scrape, ell dredge or similar device towed by a boat operated by mechanical power or other means is prohibited in Town waters except by special permission of the Trustees for scientific study projects. §219-20. Vegetation removal prohibited. No person shall remove beach grasses or wetland vegetation of any kind, nor place spoil thereon, in any other area of the Town of Southold without prior written approval by the Board of Town Trustees of the Town of Southold. §219-21. Aquaculture/Maraculture Exemption. The Board of Trustees may grant an exemption or variance, in terms of permitted sizes, number August 14, 2007 Page 29 Minutes Southold Town Board Meeting and time periods of harvest, from the provisions of this Chapter for aquaculture/maraculture activities that are properly permitted by the New York Department of Environmental Conservation. §219-221. Penalties for offenses. A. Any person convicted of an offense against any provision of this article shall be deemed to have committed a violation against such article and also shall be liable for any such offense or penalty therefor. A.B. For every each offense against any provision of this article Chapter, the person committing the same shall be subject to a fine not to exceed $500 or imprisonment not exceeding 15 days, or both such fine and imprisonment. B.C. A second conviction for an offense against any of the provisions of this article within a period of one year shall result in immediate revocation of their permit. shall constitute and effect an immediate forfeiture of a permit issued to such person. No new permit shall be issued to such person for at least one year after such forfeiture. D. Any person committing an offense against this article shall be subject to a civil penalty enforceable and collectible by the Town for each such offense. Such penalty shall be collectible by and in the name of the Town. C.E. In addition to the above-provided penalties and punishment, the Town Board may also maintain commence 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 offense against this article Chapter. §219-23. 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, and have the authority to issue violations of the provisions 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. August 14, 2007 Page 30 Minutes Southold Town Board Meeting Vote Record - Resolution RES-2007-693 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ???????? Daniel C. Ross Voter ?? Defeated ???????? Thomas H. Wickham Initiator ?? Tabled ???????? Louisa P. Evans Seconder ?? Withdrawn ???????? Scott Russell Initiator Next: Oct 23, 2007 7:30 PM ???????? Elizabeth A. Neville ???????? Patricia A. Finnegan 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. RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Louisa P. Evans, Justice AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell Statement 2. PH LL Shellfish 8/14/07 4:40Pm History: 08/14/07 Town Board ADJOURNED Next: 10/23/07 NOTICE IS HEREBY GIVEN, COUNCILMAN WICKHAM: there has been presented to the th Town Board of the Town of Southold, Suffolk County, New York, on the 17 day of July, 2007 “A Local Law in relation to Shellfish and Other Marine Resources” a Local Law entitled AND NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Law at the Southold Town Hall, 53095 Main Road, th 14day of August, 2007, at 4:40 p.m. Southold, New York, on the at which time all interested persons will be given an opportunity to be heard. “A Local Law in relation to Shellfish and Other Marine The proposed Local Law entitled, Resources” reads as follows: LOCAL LAW NO. 2007 “A Local Law in relation to Shellfish and Other Marine A Local Law entitled, Resources” . BE IT ENACTED by the Town Board of the Town of Southold as follows: August 14, 2007 Page 31 Minutes Southold Town Board Meeting I. Purpose - It is the purpose and intent of the amendments to this Chapter to provide for the protection, the preservation and the proper use and maintenance of Town waters and lands under Town waters, to minimize damage thereto and to enhance their use for the propagation of shellfish and other beneficial marine organisms and thereby protect and promote the public health, safety and welfare of the Town of Southold. II. Chapter 219 of the Code of the Town of Southold is hereby amended as follows: ARTICLE I Catching of Shrimp [Adopted by 6-29-1933] General Provisions §219-1. Taking of shrimp by nonresidents prohibited. It shall be unlawful for any person not a resident of the Town of Southold to take shrimp from the waters of Brush's Creek, Willes Creek, Downs Creek, James Creek, West Creek, Richmond's Creek, Corey's Creek, Cedar Beach Creek, Goose Creek, Jockey Creek, Town Creek, Mill Creek, Long Creek, Budd's Pond, Dam Pond, Mattituck Creek, Goldsmith's Creek, Squash Creek, Wickham's Creek and Little Creek, or other creeks or inland waters within the bounds of said Township. §219-2 1. Residence requirements. Persons shall be deemed to be residents of the Town of Southold at any given date, within the meaning of this article Chapter, when they shall have actually and continuously resided within the said Town for a period of at least six (6) months sixty (60) days immediately preceding such date. §219-3 2. Effect. No provision of this article shall be deemed to prevent any person or persons residing within the Town of Southold from angling for fish for other than commercial purposes. §219-4. Penalties for offenses. Any violation of this article shall be subject to a penalty of not less than $5 nor more than $100 and costs. ARTICLE II Taking of Shellfish and Eels [Adopted by 6-23-1966] §219-5 3. Title. This article Chapter shall be known as the "Shellfish and Other Marine Resources Law of the Town of Southold." §219-7 4. Definitions. For the purposes of this article Chapter, the terms used herein are defined as follows: AQUACULTURE/MARICULTURE - The cultivation, planting, containment or harvesting of products that naturally are produced in the marine environment, including fish, shellfish, crustaceans and seaweed, and the installation of cribs, racks and in-water structures for cultivating such products, but excluding the construction of any building, any filling or dredging August 14, 2007 Page 32 Minutes Southold Town Board Meeting or the construction of any water regulating structures. BOAT/VESSEL - Any floating object capable of carrying people as a means of transportation in water, including without limitation an airplane capable of landing on water, any floating structure not otherwise considered to be part of a dock structure as defined herein, with or without means of propulsion, which object can be moored independently or can be secured by any means to a piling, dock, bulkhead, groin or other fixed device located above mean high water. Floating docks are excluded from this definition. CHANNEL SYSTEM - The bed of a natural waterway with well-defined banks presenting the evidence of the flow of tidal waters, which is commonly traversed by boat/vessel and is designated by channel markers, including man-made or stabilized waterways designed for the navigation of boats/vessels. For the purpose of this Chapter, boat basins and bathing areas are included within this definition. CHURNING - The removal of shellfish from lands below average low water by utilizing a propwash from a skip-mounted outboard motor. COMMERCIAL PURPOSES - Any use or purpose other than for food consumption by the persons taking the shellfish or by members of such person's household. Taking, containment or harvesting of shellfish or other marine resources to sell to a third party. CONTAINMENT - The placement and possession of shellfish in a basket, tub, bag, or any other type of container. CULLING - Separating shellfish or other marine resources according to size. EEL - The American eel. FIXED GEAR - Fishing equipment that is set in a stationary position, including without limitation pots, moorings, long line, hand line, weir nets, gillnets and traps. GUEST - A person who temporarily occupies living quarters in a dwelling maintained by a permanent resident. MARINE RESOURCES - Blue claw crabs, horseshoe crabs, eels and mussels. NON-RESIDENT - One who does not reside in the Town of Southold. PATENT LANDS - All uplands and underwater lands owned in fee title by the Town of Southold Board of Trustees by virtue of the Andros Patent. PERMANENT RESIDENT - A person who has maintained a permanent dwelling within the Town of Southold during the period of not less than 60 days immediately preceding the date of his application for a permit hereunder, or the date of taking shellfish if no permit is required. August 14, 2007 Page 33 Minutes Southold Town Board Meeting SCAP NET - A hand-operated net attached to a handle with an opening across the mouth of no more than 14 inches. SHELLFISH - Clams, scallops, oysters, blue claw crabs, mussels, periwinkles and , conchs, channeled whelk and knobbed whelk. TAKING - The removal or harvesting of shellfish and other marine resources by any means. TAXPAYER - A person who owns real property as shown on the assessment roll of the Town of Southold. TEMPORARY RESIDENT - A person who has occupied living quarters within the Town of Southold during the period of not less than seven days immediately preceding the date of his application for a permit hereunder. TOWN WATERS - All waters and lands under tidewater in any harbor, bay or creek, title to which and the right of fishing in which is vested in the Town of Southold and/or in the Board of Trustees of the Town of Southold. TOWN WATERS - All the waters lying over Patent Lands. ARTICLE II Shellfish §219-8 6. Permit requirements. A. Shellfish may be taken from Town waters for commercial purposes by a permanent resident over the age of 14 years upon first obtaining a commercial shellfish permit therefor from the Town Clerk of the Town of Southold. (1) Persons Aages 12 and 13 can apply for a junior commercial shellfish license which will allow them to catch half the commercial limit. The junior commercial shellfish license and will be at half the cost of a commercial license. The parents or guardian of the applicant for a junior commercial shellfish license must sign for the holder of the junior license, making the parent or guardian responsible for any violation incurred. B. Shellfish may be taken from Town waters by a non- temporary resident upon first obtaining a non- temporary resident shellfish permit therefor from the Town Clerk of the Town of Southold. C. Shellfish may be taken from Town waters for noncommercial purposes by a permanent resident or taxpayer upon first obtaining a permanent resident or taxpayer's permit therefor from the Town Clerk of the Town of Southold. D. Shellfish may be taken from Town waters for noncommercial purposes without obtaining a permit therefor by a guest when accompanied by a permanent resident in whose dwelling such guest occupies living quarters, provided that such permanent resident is the holder of a valid shellfish permit. Notwithstanding any August 14, 2007 Page 34 Minutes Southold Town Board Meeting other provisions of this article Chapter, the quantity of shellfish taken by a guest or guests shall be added to the quantity taken by the permanent resident accompanying the guest or guests, and the total amount thereof shall not exceed, in the aggregate, the maximum daily quantity prescribed in this article Chapter for such permanent resident. E. No person not a permanent resident, a taxpayer, a temporary resident or a guest accompanied by a permanent resident shall take shellfish in any manner at any time from Town waters without a permit issued pursuant to this Chapter. F. The possession of shellfish in excess of the limits, or of less size than that, set forth in this Chapter, found aboard any boat or vessel in the waters of the Town of Southold, shall be deemed presumptive evidence of a violation of this article. G. Shellfish may be taken from Town waters for noncommercial purposes by a permanent resident under the age of 14 years without obtaining a permit therefor. [Added 7-7-1982 by L.L. No. 5-1982] §219-9 7. Permit fee; expiration; display. A. The fee for a commercial shellfish permit shall be set from time to time by resolution of the Town Board, upon recommendation by the Board of Trustees. $20. Effective on and after January 1, 1991, the fee for a commercial shellfish permit shall be $35. Such permit shall expire on December 31 of the year of its issuance. B. The fee for a non- temporary resident shellfish permit shall be set from time to time by resolution of the Town Board, upon recommendation by the Board of Trustees. $10. Such permit shall be issued only for the period of time that such temporary resident occupies living quarters within the Town of Southold. The non-resident permit shall expire on September 15 of the year of its issuance. C. The fee for a non-commercial permanent resident or taxpayer shellfish permit shall be $3. Effective on and after January 1, 1991, the fee for such permit shall be $5. Such permit shall expire on December 31 of the year of issuance. There shall be no fee for a permanent resident who has attained the age of 62 years. D. The holder of a shellfish permit shall carry the permit assigned to him on his person while engaged in the permitted activities, and the failure of such holders to exhibit his their permit to an enforcement officer shall be presumptive evidence that no valid permit has been issued to them him. §219-10 8. Scallops. A. The Trustees of the Town of Southold may establish, by resolution, the dates of the commercial and noncommercial scallop season based on the environmental and economic conditions in effect each year. [Amended 9-6-1994 by L.L. No. 19- 1994] Scallop season for residents and non-residents shall be set pursuant to New York State, as adopted by Board of Trustee resolution. B. Subject to the provisions of this section, during the first two weeks of Scallop August 14, 2007 Page 35 Minutes Southold Town Board Meeting season, harvesting in Town Waters shall be by hand or with a scalp net only. During the first two weeks of Scallop season, harvesting in Town Waters shall be open to all permit holders, for the noncommercial limits set forth herein. During the noncommercial scallop season, not more than 1/2 bushel of scallops may be taken from Town waters in any one day by hand or with a scalp net. [Amended 7- 7-1982 by L.L. No. 5-1982; 9-6-1994 by L.L. No. 19-1994] C. Except as set forth above, dDuring the commercial scallop season, scallops may be taken from Town waters with a dredge or scrape having an opening at the mouth of not more than 36 inches in width when towed by a boat operated by mechanical power or other means, provided that such dredge or scrape is brought aboard the boat by hand power without the use of a mechanical device.] D. Subject to the provisions of this section, a permanent resident, a taxpayer, a temporary non-resident or a guest, when accompanied by a permanent resident, may take from Town waters not more than 1/2 bushel of scallops for noncommercial purposes in any one day by any one (1) person. Two (2) or more persons occupying the same boat may take, in the aggregate, not more than one (1) bushel of scallops in one (1) day for noncommercial purposes. for other than commercial purposes. [Amended 7-7-1982 by L.L. No. 5-1982] E. Subject to the provisions of this section, not more than five bushels of scallops may be taken from Town waters for commercial purposes in any one day by any one person. Two or more persons occupying the same boat may take, in the aggregate, not more than 10 bushels of scallops in one day for commercial purposes. F. Scallops shall not be taken from Town waters during the period from sunset to sunrise. G. Scallops shall not be taken from Town waters on Sundays except by hand or with a scalp net by uses of dredge or other power device. H. Only scallops measuring more than 2 1/4 inches from the middle of the hinge to the middle of the bill may be taken from Town waters except as provided below. Amended 1-21-1997 by L.L. No. 2-1997] H. I. Scallops measuring less than 2 1/4 inches with an annual growth line having an annual growth line and measuring not less than 2 ¼” from the middle of the hinge to the middle of the bill may be taken from Town waters only by resolution of the Southold Town Board of Trustees. §219-11 9. Clams. A. Hard clams less than one inch in thickness shall not be contained taken from Town waters and shall be subject to the requirements set forth in Section 219- 14A. B. Soft or steamer clams less than two inches in the longest diameter shall not be contained taken from Town waters and shall be subject to the requirements set forth in Section 219-14A. C. Churning by power may not be employed in the taking of soft clams on land below the high-tide line in Town waters. August 14, 2007 Page 36 Minutes Southold Town Board Meeting D. A permanent resident, a taxpayer, a temporary non-resident or a guest accompanied by a permanent resident may take contain not more than 100 hard clams and 100 soft clams from Town waters in one day for noncommercial purposes. E. Not more than 2,000 hard clams may be taken from Town waters for commercial purposes in any one day by any one person. Two or more persons occupying the same boat may take, in aggregate, not more than 4,000 hard clams in one day for commercial purposes. §219-12 10. Oysters. A. Oysters shall not be taken from Town waters during the period from May 1 to August 31 in each year, both dates inclusive, and shall be subject to the requirements of Section 219-14A. B. Oysters shall not be taken from Town waters during the period from sunset to sunrise. C. Only oysters measuring more than three inches from the hinge to the bill may be taken from Town waters, and shall be subject to the requirements of Section 219- 14A. D. A permanent resident, a taxpayer, a non-resident or a guest accompanied by a permanent resident may take not more than one-half (1/2) bushel of oysters from Town Waters for noncommercial purposes in any one (1) day by any one (1) person. Two (2) or more persons occupying the same boat may take, in the aggregate, not more than one (1) bushel of oysters from Town Waters in one (1) day for noncommercial purposes. The Trustees of the Town of Southold may establish, by resolution, the limits on the number of oysters which may be harvested for commercial purposes and noncommercial purposes. A permanent resident, a taxpayer, a temporary resident or guest accompanied by a resident may harvest oysters for noncommercial purposes in the quantities set by resolution of the Trustees. [Amended 7-7-1982 by L.L. No. 5-1982; 1-21-1997 by L.L. No. 1- 1997] Editor's Note: Former Subsection E, amended 7-31-1973, which immediately followed this subsection and dealt with the amount of oysters allowed to be taken from Town waters for commercial purposes, was repealed 1- 21-1997 by L.L. No. 1-1997. E. Not more than two thousand (2,000) oysters may be contained or taken from Town Waters for commercial purposes in any one (1) day by any one (1) person. Two (2) or more persons occupying the same boat may take, in aggregate, not more than four thousand (4,000) oysters in one (1) day from Town Waters for commercial purposes. ARTICLE III Other Marine Resources §219-113. Blue claw crabs. A. Blue claw crabs must be harvested according to New York State Department of Environmental Conservation regulations. Blue claw crabs measuring less than August 14, 2007 Page 37 Minutes Southold Town Board Meeting five inches from point to point of the upper shell shall not be taken from the waters of the Town of Southold. B. A permanent resident, a taxpayer, a temporary resident or a guest accompanied by a permanent resident may not take more than 1/2 bushel of blue claw crabs from Town waters in any one day for noncommercial purposes. [Amended 7-7-1982 by L.L. No. 5-1982] C. Female blue claw crabs shall not be taken from the waters of the Town of Southold. [Amended 7-14-1987 by L.L. No. 12-1987] D. Crab pots. No individual may set more than one crab pot, and each crab pot and buoy shall have affixed thereto the individual's shellfish permit number. [Added 7-14-1987 by L.L. No. 12-1987] §219-12 4. Mussels. A. A permanent resident, a taxpayer, a temporary non-resident or a guest accompanied by a permanent resident may not take contain more than one bushel of mussels from Town waters in one day for noncommercial purposes. Two (2) or more persons occupying the same boat may contain, in aggregate, not more than two bushels of mussels from Town Waters in one (1) day for noncommercial purposes. B. Not more than 10 bushels of mussels may be taken from Town waters for commercial purposes in one day by any one person. Two or more persons occupying the same boat may take contain, in the aggregate, not more than 20 bushels of mussels in one day for commercial purposes. C. Ribbed mussels shall be contained by handpicking only. Raking for mussels in peat bog areas shall be prohibited. D. The containment of mussels is further regulated by New York State. §219-135. Eels. A. Commercial purposes. No more than 50 eel pots or traps per permitted in Town waters shall be permitted. All pots must be identified with the shellfish permit number. B. A permanent resident, taxpayer and temporary non-resident. No more than five eel pots in Town waters shall be permitted. All pots must be identified with the shellfish permit number. C. The containment of eels is further regulated by New York State. ARTICLE IV Operational §219-146. Culling shellfish and restoration of underwater lands. A. Shellfish shall be culled when taken. All shellfish taken which do not comply with the provisions of this article Chapter shall be immediately returned alive to the water in the immediate vicinity of where they were harvested. B. All lands under Town waters disturbed by the taking of shellfish shall be restored August 14, 2007 Page 38 Minutes Southold Town Board Meeting to their condition prior to the taking of such shellfish by the person taking such shellfish. §219-15. Fixed Gear A. Fixed gear shall be placed no closer than the outer edge of any channel system and the gear shall not impede navigation. §219-167. Restricted areas. Shellfish shall not be taken from any Town waters which have been restricted by the Town Board of Trustees, provided that such restricted areas shall have been properly designated by a resolution duly passed by said Board of Trustees and properly staked and notices posted by said Board of Trustees. §219-17. Planting of Shellfish Seed. Notwithstanding any other provision of this Chapter, the Board of Trustees may approve an organization’s plan for planting shellfish seed in Town Waters and upon approval, the Board of Trustees may then authorize the approved organization and other volunteers acting under its supervision to plant shellfish seed in accordance with the approved plan. §219-18. Transplanting of shellfish. Notwithstanding any other provision of this article Chapter, the Town Board of Trustees may authorize the transplanting of shellfish in Town waters of any age or size, subject to its supervision, when it shall find that such shellfish are in danger of destruction as the result of predators, economic factors or other detrimental causes. §219-19. Dredges and scrapes. Except as permitted by § 219-810C of this article Chapter, the use of a dredge, scrape, ell eel dredge, hydraulic means or similar device towed by a boat operated by mechanical power or other means is prohibited in Town waters. Except as permitted by § 219-10C of this article, the use of a dredge, scrape, ell dredge or similar device towed by a boat operated by mechanical power or other means is prohibited in Town waters except by special permission of the Trustees for scientific study projects. §219-20. Vegetation removal prohibited. No person shall remove beach grasses or wetland vegetation of any kind, nor place spoil thereon, in any other area of the Town of Southold without prior written approval by the Board of Town Trustees of the Town of Southold. §219-21. Aquaculture/Maraculture Exemption. August 14, 2007 Page 39 Minutes Southold Town Board Meeting The Board of Trustees may grant an exemption or variance, in terms of permitted sizes, number and time periods of harvest, from the provisions of this Chapter for aquaculture/maraculture activities that are properly permitted by the New York Department of Environmental Conservation. §219-221. Penalties for offenses. A. Any person convicted of an offense against any provision of this article shall be deemed to have committed a violation against such article and also shall be liable for any such offense or penalty therefor. A.B. For every each offense against any provision of this article Chapter, the person committing the same shall be subject to a fine not to exceed $500 or imprisonment not exceeding 15 days, or both such fine and imprisonment. B.C. A second conviction for an offense against any of the provisions of this article within a period of one year shall result in immediate revocation of their permit. shall constitute and effect an immediate forfeiture of a permit issued to such person. No new permit shall be issued to such person for at least one year after such forfeiture. D. Any person committing an offense against this article shall be subject to a civil penalty enforceable and collectible by the Town for each such offense. Such penalty shall be collectible by and in the name of the Town. C.E. In addition to the above-provided penalties and punishment, the Town Board may also maintain commence 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 offense against this article Chapter. §219-23. 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, and have the authority to issue violations of the provisions 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. Those are the sections that are basically in this law and many of them were already there and August 14, 2007 Page 40 Minutes Southold Town Board Meeting many of them are just amended and changed for the purposes of this law. I have here a letter from the Suffolk County Planning Commission, “Pursuant to section A1414-23 of the Suffolk County Administrative Code, this application is not within the jurisdiction of the Suffolk County Planning Commission.” I have, this has appeared as a legal on the Town Clerk’s bulletin board outside and it has also appeared as a legal in the local newspaper. What other communications do I have? The key communication that is actually in the file here is from the Town’s LWRP coordinator and it is rather lengthy, it is the most serious and involved recommendation I have come across in all of the legislation that we have passed and I see the coordinator is in our audience today and I wonder if he would like to summarize this to us and to the people with us today. Mark Terry, who is the Town’s LWRP coordinator. MARK TERRY, SOUTHOLD TOWN COORDINATOR, LOCAL WATERFRONT REVITALIZTION PROGRAM: Hi, Mark Terry. I have reviewed the law and the law is consistent provided that the Board of Trustees and the Town Board support our further policy, 6 and 11, which protects eelgrass habitat in our creeks. Basically in Chapter 275, there is a provision that allows the Trustees to establish spawner sanctuaries. Spawner sanctuaries are defined as ‘bottom designated by the Trustees for the purpose of protecting and enhancing shellfish populations for a specific period of time’. The LWRP recommendation and summary is to establish such spawner sanctuaries for known eelgrass beds and prohibit any action that would disrupt the root or eventually result in the death of eelgrass plants in these areas. I have been in contact with Cornell Cooperative Extension to identify these areas. I do not have the maps that I can produce to you tonight however, I request that you hold this open until we get that information and I can provide that both to the Trustees and to the Town Board. SUPERVISOR RUSSELL: Thank you. COUNCILMAN KRUPSKI: I have got a question for you, Mark. In this legislations section 219-16, it is under restricted areas ‘shellfish may not be taken from any Town waters which have been restricted by the Town Board of Trustees, provided that such restricted areas shall be properly designated by resolution duly passed by said Board of Trustees and notice is posted by said Board of Trustees’ could that be used as a, and if we put in definitions for this code ‘shellfish sanctuary’ would that be effective in protecting these areas? The shellfish areas? MR. TERRY: Yes, it could. It could be used as a sort of connection between the spawner sanctuary’s. I do recommend that the spawner sanctuary definition be included in the shellfish code but I do suspect that as the efforts of the scientists at Cornell at restoring eelgrass beds are successful, the spawner sanctuary or eelgrass beds will increase in size and therefore, it is very hard to put in the shellfish code exact limits and I think that is a wise way to do it, on a basis where you can actually have different areas set up annually by the Board of Trustees working with the Cornell Cooperative Extension. COUNCILMAN KRUPSKI: Thank you. TOWN ATTORNEY FINNEGAN: Can I also say, the areas should be listed in the code as opposed to a resolution, because if somebody were to be charged with a violation, the area that August 14, 2007 Page 41 Minutes Southold Town Board Meeting they are performing the activity isn’t listed in the code so it is hard to give a ticket and then they would challenge a ticket. So, once we have the areas identified, they should be specifically listed. COUNCILMAN KRUPSKI: Once we get the recommendations from Cornell about the locations of the eelgrass beds, will we need then a resolution from the Trustees, each to be in the legislation? TOWN ATTORNEY FINNEGAN: The areas should be included here. COUNCILMAN KRUPSKI: Right but we need that from the Trustees in order to include, a resolution from the Trustees to include that in the legislation. JUSTICE EVANS: Right but that also means we have to change our legislation every year to… SUPERVISOR RUSSELL: Adopt code changes, re-identifying the protects areas. After a resolution comes up from the Trustees. COUNCILMAN WICKHAM: Albert? The Trustees need to agree to it but it should be added to this legislation that comes to the Town Board. COUNCILMAN KRUPSKI: Well, in a sense it is, under restricted areas but would it stay under that? Would it just list those restricted areas under that? TOWN ATTORNEY FINNEGAN: I would recommend that you list the areas in this code under that section, as opposed to referring to a resolution of the Trustees. COUNCILMAN KRUPSKI: Okay. SUPERVISOR RUSSELL: Thank you, Mark. MR. TERRY: Thank you. SUPERVISOR RUSSELL: Would anyone else like to come up and address us on the issue of the shellfish code? Any of the Trustees? JILL DOHERTY: Hi, Jill Doherty, Southold Trustees. We worked on this quite a while and we worked on it with many groups of people. We held public meetings, got a lot of input. We worked with the Shellfish Advisory Committee, worked with law enforcement, with the Town Attorney’s and we feel that we did a good job updating this. Like Al mentioned earlier, it hasn’t been updated since like the 30’s so a lot of stuff needed changes. It is a lot of minor changes and nothing major, just bringing everything up to date to the times. And the Trustees don’t have a problem with what Mark is suggesting, we just need to talk about it as a group to work out the details. How we are going to mark the areas, what areas are going to be. We also have worked with Cornell, with Chris Pickerell in doing all this, so we have talked to him about eelgrass beds August 14, 2007 Page 42 Minutes Southold Town Board Meeting and I think now we, Cornell only has one area and that is in Hallock’s Bay. But they, as Mark said, they are updating that and you know, they are re-doing. So once we get the updates and we can figure out the areas, we will, you know, put them in. So if there are any questions, we are here. SUPERVISOR RUSSELL: Thank you, Jill. Would anybody else like to come up and address the Town Board? (No response) Motion to close? TOWN ATTORNEY FINNEGAN: We are going to hold the hearing open and when you get the information, you can incorporate it into the hearing. So we can hold it open. SUPERVISOR RUSSELL: Okay. JUSTICE EVANS: And we don’t have to have another public notification because it is not major. SUPERVISOR RUSSELL: So we are going to look to hold this hearing open. Okay. COMMENTS - Current Meeting: NOTICE IS HEREBY GIVEN, COUNCILMAN WICKHAM: there has been presented to the th Town Board of the Town of Southold, Suffolk County, New York, on the 17 day of July, 2007 “A Local Law in relation to Shellfish and Other Marine Resources” a Local Law entitled AND NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Law at the Southold Town Hall, 53095 Main Road, th 14day of August, 2007, at 4:40 p.m. Southold, New York, on the at which time all interested persons will be given an opportunity to be heard. “A Local Law in relation to Shellfish and Other Marine The proposed Local Law entitled, Resources” reads as follows: LOCAL LAW NO. 2007 “A Local Law in relation to Shellfish and Other Marine A Local Law entitled, Resources” . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - It is the purpose and intent of the amendments to this Chapter to provide for the protection, the preservation and the proper use and maintenance of Town waters and lands under Town waters, to minimize damage thereto and to enhance their use for the propagation of shellfish and other beneficial marine organisms and thereby protect and promote the public health, safety and welfare of the Town of Southold. II. Chapter 219 of the Code of the Town of Southold is hereby amended as follows: August 14, 2007 Page 43 Minutes Southold Town Board Meeting ARTICLE I Catching of Shrimp [Adopted by 6-29-1933] General Provisions §219-1. Taking of shrimp by nonresidents prohibited. It shall be unlawful for any person not a resident of the Town of Southold to take shrimp from the waters of Brush's Creek, Willes Creek, Downs Creek, James Creek, West Creek, Richmond's Creek, Corey's Creek, Cedar Beach Creek, Goose Creek, Jockey Creek, Town Creek, Mill Creek, Long Creek, Budd's Pond, Dam Pond, Mattituck Creek, Goldsmith's Creek, Squash Creek, Wickham's Creek and Little Creek, or other creeks or inland waters within the bounds of said Township. §219-2 1. Residence requirements. Persons shall be deemed to be residents of the Town of Southold at any given date, within the meaning of this article Chapter, when they shall have actually and continuously resided within the said Town for a period of at least six (6) months sixty (60) days immediately preceding such date. §219-3 2. Effect. No provision of this article shall be deemed to prevent any person or persons residing within the Town of Southold from angling for fish for other than commercial purposes. §219-4. Penalties for offenses. Any violation of this article shall be subject to a penalty of not less than $5 nor more than $100 and costs. ARTICLE II Taking of Shellfish and Eels [Adopted by 6-23-1966] §219-5 3. Title. This article Chapter shall be known as the "Shellfish and Other Marine Resources Law of the Town of Southold." §219-7 4. Definitions. For the purposes of this article Chapter, the terms used herein are defined as follows: AQUACULTURE/MARICULTURE - The cultivation, planting, containment or harvesting of products that naturally are produced in the marine environment, including fish, shellfish, crustaceans and seaweed, and the installation of cribs, racks and in-water structures for cultivating such products, but excluding the construction of any building, any filling or dredging or the construction of any water regulating structures. BOAT/VESSEL - Any floating object capable of carrying people as a means of transportation in water, including without limitation an airplane capable of landing on water, any floating structure not otherwise considered to be part of a dock structure as defined herein, with or without means of propulsion, which object can be moored independently or can be secured by any means to a piling, dock, bulkhead, groin or other fixed device located above mean high August 14, 2007 Page 44 Minutes Southold Town Board Meeting water. Floating docks are excluded from this definition. CHANNEL SYSTEM - The bed of a natural waterway with well-defined banks presenting the evidence of the flow of tidal waters, which is commonly traversed by boat/vessel and is designated by channel markers, including man-made or stabilized waterways designed for the navigation of boats/vessels. For the purpose of this Chapter, boat basins and bathing areas are included within this definition. CHURNING - The removal of shellfish from lands below average low water by utilizing a propwash from a skip-mounted outboard motor. COMMERCIAL PURPOSES - Any use or purpose other than for food consumption by the persons taking the shellfish or by members of such person's household. Taking, containment or harvesting of shellfish or other marine resources to sell to a third party. CONTAINMENT - The placement and possession of shellfish in a basket, tub, bag, or any other type of container. CULLING - Separating shellfish or other marine resources according to size. EEL - The American eel. FIXED GEAR - Fishing equipment that is set in a stationary position, including without limitation pots, moorings, long line, hand line, weir nets, gillnets and traps. GUEST - A person who temporarily occupies living quarters in a dwelling maintained by a permanent resident. MARINE RESOURCES - Blue claw crabs, horseshoe crabs, eels and mussels. NON-RESIDENT - One who does not reside in the Town of Southold. PATENT LANDS - All uplands and underwater lands owned in fee title by the Town of Southold Board of Trustees by virtue of the Andros Patent. PERMANENT RESIDENT - A person who has maintained a permanent dwelling within the Town of Southold during the period of not less than 60 days immediately preceding the date of his application for a permit hereunder, or the date of taking shellfish if no permit is required. SCAP NET - A hand-operated net attached to a handle with an opening across the mouth of no more than 14 inches. SHELLFISH - Clams, scallops, oysters, blue claw crabs, mussels, periwinkles and , conchs, channeled whelk and knobbed whelk. August 14, 2007 Page 45 Minutes Southold Town Board Meeting TAKING - The removal or harvesting of shellfish and other marine resources by any means. TAXPAYER - A person who owns real property as shown on the assessment roll of the Town of Southold. TEMPORARY RESIDENT - A person who has occupied living quarters within the Town of Southold during the period of not less than seven days immediately preceding the date of his application for a permit hereunder. TOWN WATERS - All waters and lands under tidewater in any harbor, bay or creek, title to which and the right of fishing in which is vested in the Town of Southold and/or in the Board of Trustees of the Town of Southold. TOWN WATERS - All the waters lying over Patent Lands. ARTICLE II Shellfish §219-8 6. Permit requirements. A. Shellfish may be taken from Town waters for commercial purposes by a permanent resident over the age of 14 years upon first obtaining a commercial shellfish permit therefor from the Town Clerk of the Town of Southold. (1) Persons Aages 12 and 13 can apply for a junior commercial shellfish license which will allow them to catch half the commercial limit. The junior commercial shellfish license and will be at half the cost of a commercial license. The parents or guardian of the applicant for a junior commercial shellfish license must sign for the holder of the junior license, making the parent or guardian responsible for any violation incurred. B. Shellfish may be taken from Town waters by a non- temporary resident upon first obtaining a non- temporary resident shellfish permit therefor from the Town Clerk of the Town of Southold. C. Shellfish may be taken from Town waters for noncommercial purposes by a permanent resident or taxpayer upon first obtaining a permanent resident or taxpayer's permit therefor from the Town Clerk of the Town of Southold. D. Shellfish may be taken from Town waters for noncommercial purposes without obtaining a permit therefor by a guest when accompanied by a permanent resident in whose dwelling such guest occupies living quarters, provided that such permanent resident is the holder of a valid shellfish permit. Notwithstanding any other provisions of this article Chapter, the quantity of shellfish taken by a guest or guests shall be added to the quantity taken by the permanent resident accompanying the guest or guests, and the total amount thereof shall not exceed, in the aggregate, the maximum daily quantity prescribed in this article Chapter for such permanent resident. E. No person not a permanent resident, a taxpayer, a temporary resident or a guest accompanied by a permanent resident shall take shellfish in any manner at any August 14, 2007 Page 46 Minutes Southold Town Board Meeting time from Town waters without a permit issued pursuant to this Chapter. F. The possession of shellfish in excess of the limits, or of less size than that, set forth in this Chapter, found aboard any boat or vessel in the waters of the Town of Southold, shall be deemed presumptive evidence of a violation of this article. G. Shellfish may be taken from Town waters for noncommercial purposes by a permanent resident under the age of 14 years without obtaining a permit therefor. [Added 7-7-1982 by L.L. No. 5-1982] §219-9 7. Permit fee; expiration; display. A. The fee for a commercial shellfish permit shall be set from time to time by resolution of the Town Board, upon recommendation by the Board of Trustees. $20. Effective on and after January 1, 1991, the fee for a commercial shellfish permit shall be $35. Such permit shall expire on December 31 of the year of its issuance. B. The fee for a non- temporary resident shellfish permit shall be set from time to time by resolution of the Town Board, upon recommendation by the Board of Trustees. $10. Such permit shall be issued only for the period of time that such temporary resident occupies living quarters within the Town of Southold. The non-resident permit shall expire on September 15 of the year of its issuance. C. The fee for a non-commercial permanent resident or taxpayer shellfish permit shall be $3. Effective on and after January 1, 1991, the fee for such permit shall be $5. Such permit shall expire on December 31 of the year of issuance. There shall be no fee for a permanent resident who has attained the age of 62 years. D. The holder of a shellfish permit shall carry the permit assigned to him on his person while engaged in the permitted activities, and the failure of such holders to exhibit his their permit to an enforcement officer shall be presumptive evidence that no valid permit has been issued to them him. §219-10 8. Scallops. A. The Trustees of the Town of Southold may establish, by resolution, the dates of the commercial and noncommercial scallop season based on the environmental and economic conditions in effect each year. [Amended 9-6-1994 by L.L. No. 19- 1994] Scallop season for residents and non-residents shall be set pursuant to New York State, as adopted by Board of Trustee resolution. B. Subject to the provisions of this section, during the first two weeks of Scallop season, harvesting in Town Waters shall be by hand or with a scalp net only. During the first two weeks of Scallop season, harvesting in Town Waters shall be open to all permit holders, for the noncommercial limits set forth herein. During the noncommercial scallop season, not more than 1/2 bushel of scallops may be taken from Town waters in any one day by hand or with a scalp net. [Amended 7- 7-1982 by L.L. No. 5-1982; 9-6-1994 by L.L. No. 19-1994] C. Except as set forth above, dDuring the commercial scallop season, scallops may August 14, 2007 Page 47 Minutes Southold Town Board Meeting be taken from Town waters with a dredge or scrape having an opening at the mouth of not more than 36 inches in width when towed by a boat operated by mechanical power or other means, provided that such dredge or scrape is brought aboard the boat by hand power without the use of a mechanical device.] D. Subject to the provisions of this section, a permanent resident, a taxpayer, a temporary non-resident or a guest, when accompanied by a permanent resident, may take from Town waters not more than 1/2 bushel of scallops for noncommercial purposes in any one day by any one (1) person. Two (2) or more persons occupying the same boat may take, in the aggregate, not more than one (1) bushel of scallops in one (1) day for noncommercial purposes. for other than commercial purposes. [Amended 7-7-1982 by L.L. No. 5-1982] E. Subject to the provisions of this section, not more than five bushels of scallops may be taken from Town waters for commercial purposes in any one day by any one person. Two or more persons occupying the same boat may take, in the aggregate, not more than 10 bushels of scallops in one day for commercial purposes. F. Scallops shall not be taken from Town waters during the period from sunset to sunrise. G. Scallops shall not be taken from Town waters on Sundays except by hand or with a scalp net by uses of dredge or other power device. H. Only scallops measuring more than 2 1/4 inches from the middle of the hinge to the middle of the bill may be taken from Town waters except as provided below. Amended 1-21-1997 by L.L. No. 2-1997] H. I. Scallops measuring less than 2 1/4 inches with an annual growth line having an annual growth line and measuring not less than 2 ¼” from the middle of the hinge to the middle of the bill may be taken from Town waters only by resolution of the Southold Town Board of Trustees. §219-11 9. Clams. A. Hard clams less than one inch in thickness shall not be contained taken from Town waters and shall be subject to the requirements set forth in Section 219- 14A. B. Soft or steamer clams less than two inches in the longest diameter shall not be contained taken from Town waters and shall be subject to the requirements set forth in Section 219-14A. C. Churning by power may not be employed in the taking of soft clams on land below the high-tide line in Town waters. D. A permanent resident, a taxpayer, a temporary non-resident or a guest accompanied by a permanent resident may take contain not more than 100 hard clams and 100 soft clams from Town waters in one day for noncommercial purposes. E. Not more than 2,000 hard clams may be taken from Town waters for commercial purposes in any one day by any one person. Two or more persons occupying the same boat may take, in aggregate, not more than 4,000 hard clams in one day for August 14, 2007 Page 48 Minutes Southold Town Board Meeting commercial purposes. §219-12 10. Oysters. A. Oysters shall not be taken from Town waters during the period from May 1 to August 31 in each year, both dates inclusive, and shall be subject to the requirements of Section 219-14A. B. Oysters shall not be taken from Town waters during the period from sunset to sunrise. C. Only oysters measuring more than three inches from the hinge to the bill may be taken from Town waters, and shall be subject to the requirements of Section 219- 14A. D. A permanent resident, a taxpayer, a non-resident or a guest accompanied by a permanent resident may take not more than one-half (1/2) bushel of oysters from Town Waters for noncommercial purposes in any one (1) day by any one (1) person. Two (2) or more persons occupying the same boat may take, in the aggregate, not more than one (1) bushel of oysters from Town Waters in one (1) day for noncommercial purposes. The Trustees of the Town of Southold may establish, by resolution, the limits on the number of oysters which may be harvested for commercial purposes and noncommercial purposes. A permanent resident, a taxpayer, a temporary resident or guest accompanied by a resident may harvest oysters for noncommercial purposes in the quantities set by resolution of the Trustees. [Amended 7-7-1982 by L.L. No. 5-1982; 1-21-1997 by L.L. No. 1- 1997] Editor's Note: Former Subsection E, amended 7-31-1973, which immediately followed this subsection and dealt with the amount of oysters allowed to be taken from Town waters for commercial purposes, was repealed 1- 21-1997 by L.L. No. 1-1997. E. Not more than two thousand (2,000) oysters may be contained or taken from Town Waters for commercial purposes in any one (1) day by any one (1) person. Two (2) or more persons occupying the same boat may take, in aggregate, not more than four thousand (4,000) oysters in one (1) day from Town Waters for commercial purposes. ARTICLE III Other Marine Resources §219-113. Blue claw crabs. A. Blue claw crabs must be harvested according to New York State Department of Environmental Conservation regulations. Blue claw crabs measuring less than five inches from point to point of the upper shell shall not be taken from the waters of the Town of Southold. B. A permanent resident, a taxpayer, a temporary resident or a guest accompanied by a permanent resident may not take more than 1/2 bushel of blue claw crabs from Town waters in any one day for noncommercial purposes. [Amended 7-7-1982 by L.L. No. 5-1982] C. Female blue claw crabs shall not be taken from the waters of the Town of August 14, 2007 Page 49 Minutes Southold Town Board Meeting Southold. [Amended 7-14-1987 by L.L. No. 12-1987] D. Crab pots. No individual may set more than one crab pot, and each crab pot and buoy shall have affixed thereto the individual's shellfish permit number. [Added 7-14-1987 by L.L. No. 12-1987] §219-12 4. Mussels. A. A permanent resident, a taxpayer, a temporary non-resident or a guest accompanied by a permanent resident may not take contain more than one bushel of mussels from Town waters in one day for noncommercial purposes. Two (2) or more persons occupying the same boat may contain, in aggregate, not more than two bushels of mussels from Town Waters in one (1) day for noncommercial purposes. B. Not more than 10 bushels of mussels may be taken from Town waters for commercial purposes in one day by any one person. Two or more persons occupying the same boat may take contain, in the aggregate, not more than 20 bushels of mussels in one day for commercial purposes. C. Ribbed mussels shall be contained by handpicking only. Raking for mussels in peat bog areas shall be prohibited. D. The containment of mussels is further regulated by New York State. §219-135. Eels. A. Commercial purposes. No more than 50 eel pots or traps per permitted in Town waters shall be permitted. All pots must be identified with the shellfish permit number. B. A permanent resident, taxpayer and temporary non-resident. No more than five eel pots in Town waters shall be permitted. All pots must be identified with the shellfish permit number. C. The containment of eels is further regulated by New York State. ARTICLE IV Operational §219-146. Culling shellfish and restoration of underwater lands. A. Shellfish shall be culled when taken. All shellfish taken which do not comply with the provisions of this article Chapter shall be immediately returned alive to the water in the immediate vicinity of where they were harvested. B. All lands under Town waters disturbed by the taking of shellfish shall be restored to their condition prior to the taking of such shellfish by the person taking such shellfish. §219-15. Fixed Gear A. Fixed gear shall be placed no closer than the outer edge of any channel system and the gear shall not impede navigation. August 14, 2007 Page 50 Minutes Southold Town Board Meeting §219-167. Restricted areas. Shellfish shall not be taken from any Town waters which have been restricted by the Town Board of Trustees, provided that such restricted areas shall have been properly designated by a resolution duly passed by said Board of Trustees and properly staked and notices posted by said Board of Trustees. §219-17. Planting of Shellfish Seed. Notwithstanding any other provision of this Chapter, the Board of Trustees may approve an organization’s plan for planting shellfish seed in Town Waters and upon approval, the Board of Trustees may then authorize the approved organization and other volunteers acting under its supervision to plant shellfish seed in accordance with the approved plan. §219-18. Transplanting of shellfish. Notwithstanding any other provision of this article Chapter, the Town Board of Trustees may authorize the transplanting of shellfish in Town waters of any age or size, subject to its supervision, when it shall find that such shellfish are in danger of destruction as the result of predators, economic factors or other detrimental causes. §219-19. Dredges and scrapes. Except as permitted by § 219-810C of this article Chapter, the use of a dredge, scrape, ell eel dredge, hydraulic means or similar device towed by a boat operated by mechanical power or other means is prohibited in Town waters. Except as permitted by § 219-10C of this article, the use of a dredge, scrape, ell dredge or similar device towed by a boat operated by mechanical power or other means is prohibited in Town waters except by special permission of the Trustees for scientific study projects. §219-20. Vegetation removal prohibited. No person shall remove beach grasses or wetland vegetation of any kind, nor place spoil thereon, in any other area of the Town of Southold without prior written approval by the Board of Town Trustees of the Town of Southold. §219-21. Aquaculture/Maraculture Exemption. The Board of Trustees may grant an exemption or variance, in terms of permitted sizes, number and time periods of harvest, from the provisions of this Chapter for aquaculture/maraculture activities that are properly permitted by the New York Department of Environmental Conservation. §219-221. Penalties for offenses. August 14, 2007 Page 51 Minutes Southold Town Board Meeting A. Any person convicted of an offense against any provision of this article shall be deemed to have committed a violation against such article and also shall be liable for any such offense or penalty therefor. A.B. For every each offense against any provision of this article Chapter, the person committing the same shall be subject to a fine not to exceed $500 or imprisonment not exceeding 15 days, or both such fine and imprisonment. B.C. A second conviction for an offense against any of the provisions of this article within a period of one year shall result in immediate revocation of their permit. shall constitute and effect an immediate forfeiture of a permit issued to such person. No new permit shall be issued to such person for at least one year after such forfeiture. D. Any person committing an offense against this article shall be subject to a civil penalty enforceable and collectible by the Town for each such offense. Such penalty shall be collectible by and in the name of the Town. C.E. In addition to the above-provided penalties and punishment, the Town Board may also maintain commence 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 offense against this article Chapter. §219-23. 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, and have the authority to issue violations of the provisions 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. Those are the sections that are basically in this law and many of them were already there and many of them are just amended and changed for the purposes of this law. I have here a letter from the Suffolk County Planning Commission, “Pursuant to section A1414-23 of the Suffolk County Administrative Code, this application is not within the jurisdiction of the Suffolk County Planning Commission.” I have, this has appeared as a legal on the Town Clerk’s bulletin board outside and it has also appeared as a legal in the local newspaper. What other communications do I have? The key communication that is actually in the file here is from the Town’s LWRP coordinator and it is rather lengthy, it is the most serious and involved recommendation I have August 14, 2007 Page 52 Minutes Southold Town Board Meeting come across in all of the legislation that we have passed and I see the coordinator is in our audience today and I wonder if he would like to summarize this to us and to the people with us today. Mark Terry, who is the Town’s LWRP coordinator. MARK TERRY, SOUTHOLD TOWN COORDINATOR, LOCAL WATERFRONT REVITALIZTION PROGRAM: Hi, Mark Terry. I have reviewed the law and the law is consistent provided that the Board of Trustees and the Town Board support our further policy, 6 and 11, which protects eelgrass habitat in our creeks. Basically in Chapter 275, there is a provision that allows the Trustees to establish spawner sanctuaries. Spawner sanctuaries are defined as ‘bottom designated by the Trustees for the purpose of protecting and enhancing shellfish populations for a specific period of time’. The LWRP recommendation and summary is to establish such spawner sanctuaries for known eelgrass beds and prohibit any action that would disrupt the root or eventually result in the death of eelgrass plants in these areas. I have been in contact with Cornell Cooperative Extension to identify these areas. I do not have the maps that I can produce to you tonight however, I request that you hold this open until we get that information and I can provide that both to the Trustees and to the Town Board. SUPERVISOR RUSSELL: Thank you. COUNCILMAN KRUPSKI: I have got a question for you, Mark. In this legislations section 219-16, it is under restricted areas ‘shellfish may not be taken from any Town waters which have been restricted by the Town Board of Trustees, provided that such restricted areas shall be properly designated by resolution duly passed by said Board of Trustees and notice is posted by said Board of Trustees’ could that be used as a, and if we put in definitions for this code ‘shellfish sanctuary’ would that be effective in protecting these areas? The shellfish areas? MR. TERRY: Yes, it could. It could be used as a sort of connection between the spawner sanctuary’s. I do recommend that the spawner sanctuary definition be included in the shellfish code but I do suspect that as the efforts of the scientists at Cornell at restoring eelgrass beds are successful, the spawner sanctuary or eelgrass beds will increase in size and therefore, it is very hard to put in the shellfish code exact limits and I think that is a wise way to do it, on a basis where you can actually have different areas set up annually by the Board of Trustees working with the Cornell Cooperative Extension. COUNCILMAN KRUPSKI: Thank you. TOWN ATTORNEY FINNEGAN: Can I also say, the areas should be listed in the code as opposed to a resolution, because if somebody were to be charged with a violation, the area that they are performing the activity isn’t listed in the code so it is hard to give a ticket and then they would challenge a ticket. So, once we have the areas identified, they should be specifically listed. COUNCILMAN KRUPSKI: Once we get the recommendations from Cornell about the locations of the eelgrass beds, will we need then a resolution from the Trustees, each to be in the legislation? August 14, 2007 Page 53 Minutes Southold Town Board Meeting TOWN ATTORNEY FINNEGAN: The areas should be included here. COUNCILMAN KRUPSKI: Right but we need that from the Trustees in order to include, a resolution from the Trustees to include that in the legislation. JUSTICE EVANS: Right but that also means we have to change our legislation every year to… SUPERVISOR RUSSELL: Adopt code changes, re-identifying the protects areas. After a resolution comes up from the Trustees. COUNCILMAN WICKHAM: Albert? The Trustees need to agree to it but it should be added to this legislation that comes to the Town Board. COUNCILMAN KRUPSKI: Well, in a sense it is, under restricted areas but would it stay under that? Would it just list those restricted areas under that? TOWN ATTORNEY FINNEGAN: I would recommend that you list the areas in this code under that section, as opposed to referring to a resolution of the Trustees. COUNCILMAN KRUPSKI: Okay. SUPERVISOR RUSSELL: Thank you, Mark. MR. TERRY: Thank you. SUPERVISOR RUSSELL: Would anyone else like to come up and address us on the issue of the shellfish code? Any of the Trustees? JILL DOHERTY: Hi, Jill Doherty, Southold Trustees. We worked on this quite a while and we worked on it with many groups of people. We held public meetings, got a lot of input. We worked with the Shellfish Advisory Committee, worked with law enforcement, with the Town Attorney’s and we feel that we did a good job updating this. Like Al mentioned earlier, it hasn’t been updated since like the 30’s so a lot of stuff needed changes. It is a lot of minor changes and nothing major, just bringing everything up to date to the times. And the Trustees don’t have a problem with what Mark is suggesting, we just need to talk about it as a group to work out the details. How we are going to mark the areas, what areas are going to be. We also have worked with Cornell, with Chris Pickerell in doing all this, so we have talked to him about eelgrass beds and I think now we, Cornell only has one area and that is in Hallock’s Bay. But they, as Mark said, they are updating that and you know, they are re-doing. So once we get the updates and we can figure out the areas, we will, you know, put them in. So if there are any questions, we are here. SUPERVISOR RUSSELL: Thank you, Jill. Would anybody else like to come up and address the Town Board? (No response) Motion to close? August 14, 2007 Page 54 Minutes Southold Town Board Meeting TOWN ATTORNEY FINNEGAN: We are going to hold the hearing open and when you get the information, you can incorporate it into the hearing. So we can hold it open. SUPERVISOR RUSSELL: Okay. JUSTICE EVANS: And we don’t have to have another public notification because it is not major. SUPERVISOR RUSSELL: So we are going to look to hold this hearing open. Okay. RESULT: ADJOURNED [UNANIMOUS] Next: 10/23/2007 7:30 PM MOVER: Albert Krupski Jr., Councilman SECONDER: William P. Edwards, Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell 3. Mark Terry, LWRP 4. Jill Doherty, Trustee 5. Community Development Budget Modification COMMENTS - Current Meeting: NOTICE IS HEREBY GIVEN COUNCILMAN WICKHAM: the Town Board of the Town of Southold is proposing amendments to the Community Development Block Grant 2003 and the 2005 Community Development Block Grant Program Budget, as follows to wit: Current New Project Budget Increase Decrease Budget Cutchogue Drainage $5,000 -0- $5,000 -0- Project FY 2003 Home Improvement -0- $5,000 -0- $5,000 Project FY 2005 RESOLVED that the Town Board of the Town of Southold hereby sets 5:00 PM Tuesday, August 14, 2007, Southold Town Hall, 53095 Main Road, Southold, New York 11971, as the time and place for a Public Hearing to hear citizens on the aforesaid proposed amendments. Interested citizens should attend this meeting to comment on the proposed changes. Written comments should be addressed to Elizabeth A. Neville, Southold Town Clerk, Southold Town Hall, PO Box 1179, Southold, New York 11971 This has appeared as a legal in the newspaper, it has also appeared on the Town Clerk’s bulletin board outside. And these are the only communications in the file. SUPERVISOR RUSSELL: Amending the Community Block Grants. This is the hot button issue you are all waiting for, I am sure. Would anybody like to come up and address the Board on this issue? (No response) Can I get a motion to close? RESULT: CLOSED [UNANIMOUS] August 14, 2007 Page 55 Minutes Southold Town Board Meeting MOVER: William P. Edwards, Councilman SECONDER: Louisa P. Evans, Justice AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell Closing Statements Statement SUPERVISOR RUSSELL: Okay. That is the formal business of the Town. Now people can come up and address the Town Board on any issue of mutual interest. Would anybody like to come up and address the Town Board? Sir? VINCE FALCO: My name is Vince Falco, I live on South Oakwood Drive in Laurel, New York. And I noticed here in reading what has happened, I have been out here for about 25 years with my family, my children have grown, been through the Mattituck Yacht Club. Were able to go down to the beach, walk up and down the beach wherever they wanted to. We were able to anchor our boat, go swimming and over the last five years what has happened out here is really outrageous. People have come out here, spent millions of dollars on waterfront homes, hired high priced attorneys, all in an effort to keep everyone off the beach. They have hired attorneys to try to explore ways of preventing people from having access to the beach. Buying beach rights because they were never on the tax map or because people never exercised the right to use them over a long period of time and it seems to be what has happened over the past couple of years is it is the haves against the have nots. And all I want and all I am asking for is that somewhere along the line, someone go down and look at the original subdivisions. Southold is composed, comprised of a number of subdivisions from Laurel all the way out to Orient Point, where many years ago back in the 20’s, 30’s and 40’s this land was sold off, subdivisions were created so that people, for example on North and South Oakwood Drive could use the beach. We are presently in a legal fight with someone down at the end of the beach, even though they don’t own the land they have hired a high priced attorney to prevent people from using access to the beach. And it is to my understanding although I haven’t received a letter yet that a letter is being comprised from his attorney that unless it specifically says in your deed that you can use that right of way, that he is closing it off. And I think a similar situation has occurred just west of Bray Avenue where a person came forward with a large amount of money, was able to buy a piece of property-or propose to buy a piece of property-and close that off for 30 to 40 residents. And I think you are going to see this is going to be happening more and more as people come out with $2,000,000 - $3,000,000 buying waterfront house and saying I don’t want you commoners coming down and using the beach, so they are going to take money out of their pocket, however much it costs; find loopholes in the law. And all I am asking the Town Board is to stop that. I have children, I have grandchildren now, they want to be able to go down and use our beaches and when these attorneys show up with the frivolous claims and propose to buy something from the Town or pay back taxes to keep these people from taking away our right, our god given right to be able to go to a beach and walk on the beach with our children and grandchildren and not have a fence put up on a beach that we have been using 20 or 25 years. And it is not just us on South Oakwood Drive. This is happening throughout the Town of Southold and it has basically come down to the people that have the money against the people that don’t have the money. And I, it is really upsetting me and that is why I came down here to appeal to the Town Board that August 14, 2007 Page 56 Minutes Southold Town Board Meeting when these things and these lawyers show up to the village justice with all types of claims and deeds and (inaudible) saying, ‘well, you know what? They don’t have a deed so they can’t come down this right of way’ even though you are part of the original subdivision. And that is what I am asking the Town. Take these things and take these attorneys and take all of these frivolous lawsuits to keep people from using the beach and say ‘you know what? The beaches in Southold belong to the people of Southold’ not the person who comes up with the $3,000,000 to buy a waterfront house and keep everyone else out. Thank you. COUNCILMAN ROSS: Sir? Sir? What homeowners association is involved? MR. FALCO: It is a very informal homeowners association. It is the South Oakwood and North Oakwood Homeowners Association. It is not a total association. COUNCILMAN ROSS: I have been involved in five right of way cases over the last 20 years; always on the side of opening up the right of way and if the right of way is shown on a recorded map it is not that difficult a case. And it is not really the lawyers, it is the person who buys the waterfront property and builds the fence but I urge you and we were down at the end of Bray Avenue, I urge you to protect the right. To get together and get counsel and work with the municipality, but it is important that the people in the neighborhood get representation. I have found that over the years and I am not saying we don’t want to get involved, I am just saying when you talk about money, 60 people throwing into a pot you get a lot more money than one person paying the bill. And it is important that you get counsel. We see this time and time again, because you can win the case. COUNCILMAN KRUPSKI: It is certainly not a new phenomenon, I am looking at the president of the Trustees at the back of the room here. He and I went through this for 20 years on different, in different areas throughout the Town. This is what has happened for a long time. COUNCILMAN ROSS: And you are right, sir. The subdivisions were laid out so that streets ended at the water. There is only one reason you would end a street at the water and that is to provide access to the people in the subdivision. And it is readily recognized. MR. FALCO: Yes. The other issue I have, I have one other issue regarding the Laurelwood Estates park district, which is just to the west of South Oakwood Drive. People are being thrown off the beach. My argument is that if it is labeled as a park district and it is labeled for one reason so that they don’t have to pay a larger amount of taxes than a building lot, if it is a park district; what right, if you have access to the beach at the east, what right do they have to throw people off the beach who are sitting in a park district? They were given that park district status so that they wouldn’t have to pay a large sum of taxes. They only pay about $1,000 a year in taxes, divided between 30 families. Do they have a legal right of throwing people off the beach? SUPERVISOR RUSSELL: As a clarification, they may call it that but it is not technically a tax district by tax law. I think it is a homeowners association beach. The assessment is based on its value, regardless of who owns it. In other words, if it is an unbuildable lot, which I presume it is, because it is a lot that was held in reserve by everybody, then it gets assessed based on that, regardless of what people call themselves. My, I think there-it has been a few years since I have August 14, 2007 Page 57 Minutes Southold Town Board Meeting been in that office-but I think there that is a private beach held by the people of a specific community, no different than, you know, a homeowners association holding a private asset. I am not sure who would have access to it, other than the people that bought a lot when that parcel was created. But it is certainly something that we can try to get an answer for you from the Assessor’s office. On those other issues, I agree with you and I would caution everybody here today to listen to you and to listen to what went on on Bray Avenue. If you are using a right of way, presume nothing. Make sure the ownership is protected. The underlying fee ownership is protected. If you are using that right of way, make sure that the taxes are being paid, make sure that somebody isn’t out there looking to buy it from what would be the county actually. The town doesn’t sell the land, so that is a good lesson for everybody. MR. FALCO: And in regard to the park district, the Laurelwood Estates park district is what I can see on the map, it is called that, I believe that the, that anyone can use that property below the high water mark? Is that true? SUPERVISOR RUSSELL: That would be the public trust doctrine. You should ask an attorney. TOWN ATTORNEY FINNEGAN: That is correct. MR. FALCO: Thank you. SUPERVISOR RUSSELL: You should ask an attorney, one of the four I have got sitting here. Would anybody else like to come up and address the Town Board. ART TILLMAN: Art Tillman, Mattituck. I see there was a communication/discussion regarding the mean high water mark and the public trust document. I know some members of the Board were provided with the public trust document. For the edification and enlightenment of some here in the audience or those that will be watching on television, would one of you care to read the pertinent parts of that public trust document regarding public access and the mean high water mark. Thank you. SUPERVISOR RUSSELL: I didn’t get one. JIM KING: I have got a copy, if you would like. TOWN ATTORNEY FINNEGAN: I am not sure I have the same thing as you, I have some information on it. Can you just hold that up for me for a second? I have it. MR. KING: Well, if John has it, John, why don’t you read it then? TOWN ATTORNEY FINNEGAN: I can read parts of it. MR. KING: I want the pertinent parts. It is a little lengthy but… TOWN ATTORNEY FINNEGAN: Yeah. New York holds the foreshore and submerged land August 14, 2007 Page 58 Minutes Southold Town Board Meeting in trust for the benefit of the public. The public trust doctrine generally protects the publics rights to use the foreshore and tidal waters for fishing, navigation, commerce and recreation. The court of appeals has broadly stated the foreshore or the land under the water of the seas and its arms between high and low water mark is subject first to the rights of navigation and when the tide is out, the right of access to water for fishing, bathing and other lawful purposes to which the right of passage over the beach may be necessary. MR. KING: Could you clarify what foreshore means? TOWN ATTORNEY FINNEGAN: Sure. The foreshore is the land in between, up to the high water mark. The land in between where the water goes out up to the high water mark. When the water is up, you can use the water. MR. KING: What high water mark? Of the last 24 hours or of the average high water of the last 19 years? TOWN ATTORNEY FINNEGAN: It is of the average high water mark is how it determines it. The mean high. MR. KING: I believe it is interpreted of the last 19 years. The mean high water mark. TOWN ATTORNEY FINNEGAN: Right. MR. KING: Right. Now how would somebody not knowledgeable in that, going to the beach visually ascertain where that high water mark is. Are there any indicators, such as the end of the sand and the beginning of beach grass? SUPERVISOR RUSSELL: I hate to interject, Jim, generally the Trustees would go out and determine high water mark by telltale signs. I know you would rely on your judgment and that of a constable. Would you help us to try to, we had this discussion today on where the high water mark, we have a couple of issues here I want to address. Not just where the high water mark is but also, once that high water mark is established whether it is agreed to or not by all parties, the Town decided today we are going to stick by the current process which is to have the constable and the police department determine where that high water mark is. My question is, below that high water mark whether someone has the right to languish or put out a towel on the beach and stay there? And whether the… TOWN ATTORNEY FINNEGAN: I can, the cases have established that ‘the public may walk along the foreshore as a means to reach the water, may lounge and recline on it. May beach a boat there and even may traverse it with a baby carriage.’ So that when the water is out, you can walk there, you can sit there, you can put your towel there. But when the water comes back in, you can’t move up and put your towel up there. MR. KING: But in that same document it says, the mean high water mark is that determined over a 19 year period. August 14, 2007 Page 59 Minutes Southold Town Board Meeting COUNCILMAN EDWARDS: Actually, I think there is a page missing here. There is the mean higher high water, whatever that means…no, no because then there is the mean lower low water. But is there a previous page that defines mean high water? SUPERVISOR RUSSELL: Just give us a birdseye view on how the mean high water mark gets determined? MR. KING: From my view point, I go to the beach and usually see a rack line and usually there is three rack lines. You will get a wrack line from extreme high water, you will get a rack line from depending on the phase of the moon that is lower and there is usually one in the middle. To me, that is usually about the average high water mark. SUPERVISOR RUSSELL: Okay. COUNCILMAN WICKHAM: Which one? MR. KING: The center one. That is the average between the low and the storm lines. SUPERVISOR RUSSELL: And once that is established, someone would have the right to go and the police department should or shouldn’t be removing those people. Because that was asked of me prior to the Board meeting, whether the police department would limit someone’s right only to walk it, not necessarily stay there. MR. KING: I think the thorny issue in this particular case west of Mattituck is the amount of accretion that has occurred over time. There is a huge expanse of beach that wasn’t there 20 or 30 years ago. And that seems to be the bone of contention. MR. TILLMAN: Are you saying then, that it is the last tide 24 hours? That has determined the mean high line? Because that is where you are going to find that rack line. MR. KING: Pretty much looking at it, it is fairly recent. SUPERVISOR RUSSELL: Absent going out and get an engineer or a surveyor to rely on a lot of professional judgment. It is not a perfect science. It could be very difficult to determine a high water mark within probably a few feet of where it realistically is. We just need something to resolve these issues as they come up so the police department can settle these issues and not go out and act as these, you know, sort of these, get drawn into these community battles. MR. KING: And you have got to remember, one major storm could make a dramatic change in where that ordinary high water mark would be. We had an instance in Hashomomaque where the beach was lost, four, five feet was lost and I went back there and the beach is back. And it is a huge change, just because of storm conditions so, or even dredging could affect it. If they ever dredge that filet west of Mattituck Inlet that they are supposed to dredge, that is going to change that shoreline. There is a lot of variables there. MR. TILLMAN: I have one more question. Is it permissible for the home owner to rake up that August 14, 2007 Page 60 Minutes Southold Town Board Meeting rack line, you call it and place it along the perimeter of their property, so that perhaps somebody walking on the beach does not see a rack line? That seems to have occurred, west of the inlet. SUPERVISOR RUSSELL: My problem with that was that it seems to be raked along Town property, which would discourage, certainly disheartens me. Unfortunately, I don’t see people doing it, so I am asking DPW to just go down there and clean it up but certainly if I was to witness someone doing that, I would bring it to the attention of the Town. MR. TILLMAN: That particular sign that is placed on this property that we are talking about, to the west of Inlet, the access down Inlet Drive. It says ‘private property, no trespassing beyond the mean high water mark’ and that sign was placed where the sand ends and the grass begins. Does anybody know if the Town placed that there or a private individual. SUPERVISOR RUSSELL: You would have to ask the Trustees, I have no idea. COUNCILMAN KRUPSKI: Yeah, the Trustees would have to have jurisdiction there for any activity. They would have had to issue a permit. MR. TILLMAN: Alright, it was placed there privately. Now, that is kind of misleading and you go down there and you don’t know what we now know, it seems to indicate that that is the mean high tide line. And so somebody, because of this particular property owner could innocently walk across there and have the police called on them and this person doesn’t seem to hesitate to call the police. So I would ask that sign be removed or placed in another place. SUPERVISOR RUSSELL: I am sorry, you have me at a disadvantage. I would recommend that if there is any intrusion on the beach, that would be the jurisdiction of the Trustees who can address that for you. MR. TILLMAN: You know, it really also bothers me that in that little protest that we had there last week, jeez, I guess the median age of the group was well up in the 60’s. SUPERVISOR RUSSELL: That is because I brought the average down, Art. MR. TILLMAN: Well, anyway, five policemen were tied up there because of the actions of this individual. What a waste of resources and Town money, to have policemen to keep continually going down there. Come on, give us a break lady, please. Thank you very much. SUPERVISOR RUSSELL: Thank you. Okay. UNIDENTIFIED: (inaudible) in Mattituck. We all know who we are talking about, I believe her name is Chris, I forget what her last name is. Rivera, right. now, I moved here in 1999 and I saw at the end of Breakwater, there is a steel stanchion and then there is an access to the right and there was an access to the left but now there is a big rock, right where the access is and all this plantings and everything else, so that the left access is completely covered and it looks like it was her property. Now, what right did she have to put that big rock there and it has been there for August 14, 2007 Page 61 Minutes Southold Town Board Meeting at least three or four years and I don’t see why anybody has these blind eyes from the Town, that says ‘what a minute, it is going to cost you to take that rock away’. Nobody has done a thing. The man came out, I had visitors from Europe two weeks ago and I told them about that line, don’t go past there, there are noisy people there. So she was with her granddaughter, not even near, within 30 feet from there and the guy comes out and starts yelling at her, this is a private beach, get off. She comes back, all upset and I called the cops and the cops says, ‘well, you know maybe’ I said, ‘this man was harassing my relatives’ and the police said I am on the desk, I really don’t know the situation and maybe if you just go away, maybe they will just stop yelling. Well, that is a tough act to swallow because of the fact that now he is harassing people. It wasn’t personal before this incident but then it became personal, that my friends came, my relatives came from Europe to enjoy the east end and then there is somebody screaming at them. So I just wanted to let you know that there is an access that is being blocked… SUPERVISOR RUSSELL: Yeah, I wanted to get back to that. Where is that? UNIDENTIFIED: Right at the end of our inlet. At the end of …. SUPERVISOR RUSSELL: And that would be an encroachment on Town property? UNIDENTIFIED: The rock was put there, there was a stair that we used to use to enter from the left side or the right side. SUPERVISOR RUSSELL: I will be out there… UNIDENTIFIED: The left side has been blocked now for about two, three years. Two, three years. And there is all sorts of growth year and everything else and if you, oh, god forbid, if somebody wants to park there sort of off the pavement and he came out ranting and raving that you are sitting on my property and dee-da-da-da-da. SUPERVISOR RUSSELL: I will be out there tomorrow morning with my Highway Superintendent and my Department of Public Works to look at that rock. I actually was out there last week and I wasn’t even aware of that. But I will certainly look at it first thing tomorrow morning. UNIDENTIFIED: People don’t even realize that there was a left entrance on that side. SUPERVISOR RUSSELL: It certainly, it missed my observation the other day. I will be out there first thing tomorrow morning. UNIDENTIFIED: Thank you very much. SUPERVISOR RUSSELL: Oh, John, let me just have one more, then Mr. Epidy will go. Come on up. DAN CATULLO: Dan Catullo, Mattituck. I want to frame my comments as a critique of the August 14, 2007 Page 62 Minutes Southold Town Board Meeting Suffolk Times in reference to what we have been talking about here. First off, the good neighbors editorial that appeared where the editor notes neither group, meaning our group that protested and you about it Mr. Russell, behaved well. Now I am not sure what they by behaved well because you mentioned that you brought the average down of the people that were there. My 11 year old daughter brought it down a little more as well and those were the two exceptions to the rule we are talking about. Well, we were real villains out there but the gist of this editorial is so ominous. We did nothing in any way that was inappropriate. We may have done a little bad off key singing when we sang ‘This sand is my sand’ as a sort of take-off on a popular tune but we really did nothing above the decibel level of the waves that were hitting the beach that day. I don’t really see what the point of that comment in the editorial was, to make us out to be black bart or some pirates. The court has made it’s ruling, continues the editorial. It says that if the parties are unhappy, they should avail themselves of the remedies of law. We have been trying for the better part of 15 years, as you know, to try and get some sort of remedy to this situation of the sand being trapped and the east side being denied any access or any of the overflow. You can see the differential by looking at a map how the jetty has captured all the sand on that side, how we have come up to the bulkheads in many instances. It is a no-brainer to observe that. We have gone, I have personally walked Grucci, when the Congressman was in office, up through the dunes that were violated or almost violated by the last storm that we had when he was in office and almost breaching into the inlet by way of the wetlands that are protected park property and conservation land. Where innumerable wildlife species are in residence. So I don’t see why the editor had such a commentary and how he could avail himself of these statements without really filling himself with a little more information. Interestingly on the facing page, facts about dredging at the inlet appears and I am immediately reminded in my advanced years of a newspaper called Pravda, which was a Soviet Union propaganda instrument which claimed to give out facts and information about the empire it was building and the lands it was acquiring, back in the cold war. I am very much reminded of that by the fact that Pravda means truth in Russian and we all laughed in those days about how inaccurate their statements were. I am somewhat interested by the list of facts that are presented here, interesting facts that are presented here. Much like perhaps those of Pravda in the old days. One of them, subjecting beachfront homeowners to the west of the inlet the financial hardship resulting from severe erosion and property damage as in the past. Now I don’t know how much in the past this reference is. Whether it is just after the ice age, it is not really clear but it certainly hasn’t happened in the recent past. I have been here since 1962 when Kennedy was President and I don’t remember there anything on the west side, in the area of the inlet itself being subjected to severe erosion. So that is fact one. Perhaps there will be some commentary on where this erosion occurred, when it occurred, where the evidence of it is etc. In the 1960’s and 70’s sand mining was conducted at Breakwater beach, west of the inlet. Well, it was west of the inlet by perhaps, well, a mile or so further down toward the, near the Riverhead line if at all and there was some mining that went on way out of the area we are immediately talking about. And this caused according to these facts, massive erosion and damage to property. Fifty percent of the homeowners in this area had to bulkhead their property at great personal expense. Now, the property owner that has been referenced here earlier and the neighbors. Property owner, where is the bulkhead they are talking about? Next door neighbor, where is his bulkhead they are talking about or the neighbor next or the neighbor next or neighbor next or neighbor next. There are no bulkheads. Fifty percent of that area is bulkheaded? Well, they are pretty low bulkheads, August 14, 2007 Page 63 Minutes Southold Town Board Meeting I guess. I don’t understand that, there is one that I know of, one bulkhead between the inlet and all the way down toward the Riverhead line. So fact, fifty percent, fifty percent of what? It doesn’t really make any sense. Now, it says ‘not the Army Corp of Engineers, Southold Town or any private or governmental organization stepped up to aid these residents’ the ones on the west side supposedly losing all this land. Yet these same agencies are willing to provide residents to the east of the inlet with free resources while subjecting residents to the west. We are on the east side. We were forced to bulkhead because we have lost so much land. I have lost, in depth, more than 50 feet since I moved here in 1962. One hundred foot frontage, 50 feet, that is 5,000 square feet approximately. Which is perhaps the acquired land on the property that is supposed to have been decimated by erosion on the west side. As I understand it, this property owner immediately adjacent to the park land has acquired more than four times what I lost in that time period. So where the reference to all the erosion is going on there and what our situation is is obscured best. Then after all these concluded facts, we have a rhetoric question she asks. ‘What would the position of the residents east of Mattituck Inlet be if the broadly proposed sand mining project were to be carried out east of the inlet instead of to the west, threatening their property?’ meaning us east of the inlet. Now, this statement I immediately thought it could be classified as bizarre but I think it goes beyond that. It is surreal. The whole idea of this, the whole situation stems from the fact that there is no sand. There is nothing to mine over there. and it is mind boggling that this statement was made. The only sand, the few grains that occur there at high tide because a lot of it is obscured by the water coming right up to the bulkhead and there is no access across without getting wet, are perhaps what was eroded down, what was bled down by erosion and chronic storms that occur. So we have a situation where all these facts are engendered and again, like the Pravda, the Soviet Union’s Pravda, I don’t know where these facts come from or the validity of them. I don’t, I think the situation is a sad one and again, we really should address this. We would like to do it legally, we have talked to you about it. We don’t know where we are going to go as far as (inaudible) and taking this further in court but I don’t think we should lie down. We are not just talking about property rights east of the inlet, we are talking about breaching that barrier dune area between the actual jetty and where the ridge is (inaudible) the Boy Scout house. These are areas, this area allows access for a search tide, like those that occur on the south shore that can create a permanent beach. Destroy 60-70 acres, I don’t know how many acres of wetlands, tidal lands and nourishing areas for all sorts of wildlife and fish and shellfish. So we are not just talking about property rights, this is a uniquely beautiful area of Town. Look at a map, you will see that inlet is unique between Port Jeff and the point and I just, I think we have to really address it as more than the personal interest of one or several people and their misconceived idea of what is proper. Thanks. SUPERVISOR RUSSELL: Thanks, Dan. I just want to clarify, I was on that property, most of those properties. I really do think most of them are bulkheaded there. I think the bulkhead had disappear from the years of accretion of sand. Correct me if I am wrong, Jim but I thought several of them, I have old pictures. There was a time when they had a lot of erosion from the Levon’s operation. All of that being said, however, I think there is a lot of hyperbole today about a new sand mining operation. I know people are probably here to speak against that. There is no proposal for sand mining, it is a sand by-pass, taking about 25, not even 25 percent of what the old mining, which was about 2,000,000 yards of sand. They are only going to take a quarter of that simply as a by-pass to get to the other side of the channel, so I do think there is a August 14, 2007 Page 64 Minutes Southold Town Board Meeting lot of hyperbole when people start talking about sand mining. It is not, it is a sand by-passing process, it is a normal process and it is a fraction of the amount of sand that had been taking historically that created problems and certainly a fraction of the sand that is probably there. MR. CATULLO: Yeah, well the other comment that was made here, too, that I didn’t mention is that this homeowner seems to think that what was taken out of the inlet itself could be deposited readily and clarify everybody’s problem, i.e. open the inlet, provide sand on the east side and resolve all the problems. And we know from three years ago when that last dredging was done, the sand was there, it was fine for a couple of months and then it was as usual; the process dissipated it either out on the shoals or further east. And as one has mentioned there, it is re- depositing sands already in three years (inaudible) it is already encroaching on the inlet. So there is easy resolution that is proposed in this facts about the inlet is really simplistic. COUNCILMAN KRUPSKI: But the inlet is a maintenance issue. As soon as they dug they inlet and hardened the shoreline there, it became an unnatural situation. So it requires constant maintenance. You know, where they made a straight line; nature doesn’t move sand in a straight line and it has got to be done, the sand has to be moved mechanically, unfortunately. MR. CATULLO: But there have been 10-15 years are the intervals that this has occurred so that, all this business is going on in the intervals. We haven’t had another statement made in this article was that the Army Corp supposedly says it is stable or improving there. Well, some of the mitigation because of that three year old…. SUPERVISOR RUSSELL: You are referring to an op-ed piece that was in the paper, I think, right? Is that where the comments, from the op-ed piece in the paper? MR. CATULLO: Yeah. SUPERVISOR RUSSELL: Well, I am sure the paper can’t be held accountable for that. But in the interest of clarity, I will say that unfortunately I did use the word ‘half-assed’ last week and they got that right. CHARLENE CATULLO: Charlene Catullo, Mattituck. I just want to make it brief. While we all don’t have the lawyers that Ms. Rivera could afford to get her acquisition, as far as the legal suit that was taken against the Town as well as the State of New York I have attempted to contact the State Attorney General’s office but of course, I am still awaiting a reply. Since the Town of Southold was named in the lawsuit, is there anything the Town can do to attempt to get the order vacated? Because I just don’t, I am not familiar with all the legal technicalities but if you are named in a lawsuit is it only because, I realize the Town portion was not upheld or you know, you won or it was favorable to the Town rather than Ms. Rivera. But since you were named in the lawsuit is there something you can do that we, you know, as meager citizens can’t? And I would just ask you to address that. Are some things to be addressed that the wetlands that are in jeopardy and plus the loss of sand to the east of the jetty that is replenished, are we going to see anything move along in that direction? August 14, 2007 Page 65 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: I can’t speak to that. TOWN ATTORNEY FINNEGAN: I can tell you that the Town’s portion was severed from the portion that was decided. So we are not a party to that… MS. CATULLO: Okay. If I could just ask you to, on behalf of the people of Mattituck that utilize Bailie’s Beach and are concerned about the wetlands, if you can seek all avenues to protect that site. Thank you. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board? Mr. Epidy? JOHN EPIDY: John Epidy, Ruth Road, Mattituck. I am here tonight or this afternoon, whatever, to address the public trust document in New York. As far as I am concerned, this is the bible. This was given to us by forefathers (inaudible) All the language that is in here and all the rights that we have been given under our public trust. This bible has been tested in the courts and we have come out on top. But I am asking this body of people up here, wonderful people as far as I am concerned, the counsel, the attorney Pat Finnegan. I want to know why it is not being enforced? When people are being thrown off of our beaches, I would like to know why and I would like to know what is going on? This foreshore was established and it can’t be tricked with all of this other business of seaweed being here one day, being up here the next day. That is why the public, the (inaudible). They determine the lines. A high tide line. And on that line, they made a low tide, off the high tide line. And then they made another one which is the mean of the highest tide and that was over 19 years. Ladies and gentlemen, you might throw it away. But I am not. It is here, it comes right out of the public works department. Jim McMahon is it? Alright. Now, I can’t possibly understand and I am a retired NYC fireman and as far as I am concerned, they are the bravest. My brothers are the firemen, they are not the policemen. I can’t understand how someone can come down when the high-low water mark is up underneath the grass, where the dune is out, like a scoop. There is where the water, it shows itself. Okay? How they can come down, bring me to waters edge and say because he sees some fresh seaweed and say this is the high tide and you are somewhere between this. That is not carrying out the law properly. Either I don’t know what academy they went to or who taught them this, it is certainly not in the document. The document definitely gives (inaudible) and then to be threatened? You are trespassing on someone else’s property? Let me explain something to you, if I may. There is a line here, we have direct access from Edgewood Drive, right to the beach. We come out on our beach. I can see with my naked eye where nature made its mark. That high mark shows itself. I might be off but I am not going to be off no 200 or 300 feet. Now that is what gives us our foreshore. If you are going from the bottom on up, you will never have any foreshore to sit on, put your umbrella on. If has to start from that high tide. And that is not what is being carried out. And how can I be accused by taking one step over and they are telling me I am trespassing? It can’t be. Impossible. I am standing in the middle of the beach between what I see for water and that high tide. How can that be? Impossible. Furthermore, the document so states, the document so states on page 84, gentlemen, second paragraph down, it so reads and I will start (inaudible) ‘Thus with few exceptions the ownership of most of the land underwater-and this is what we are talking about, we are talking about land under the sea, this is what the document has given us. Boy, these forefathers were way ahead of all of us, back in there day. Lands August 14, 2007 Page 66 Minutes Southold Town Board Meeting underwater or formerly underwater lands that are vested with a public trust. This is in three forms. 1. State ownership. 2. Pat Finnegan, local government and 3. Private ownership. Either by grant of the state or the town to that private owner. And that is all it is private ownership. In most instances, where publicly owned land have been conveyed to the private ownership, the public trust and that is a very important thing that we have to back up, the public trust interest remain intact. Now what do we mean by remain intact? Let’s go back to the first page and this is what it means. New York holds the foreshores and submerged land in trust for the benefit of the public. It’s ownership of these lands is unique amongst state landholders as declared, and this is what most people miss, as declared. Case law, case law. This has been put in court, Cox versus the State. 144 New York and 405 through 406. (Inaudible) The title of the state and the seacoast and the shores of tidal rivers is different from the three simple which an individual holds as an estate in land. Meaning this, if I may. When I purchase piece of land and put a house on it, I have the means and bounds to that property and a deed. Just like everybody else. That is declared my private property and I have a right to tell someone ‘you are trespassing’. Under the public trust, they tell me and I am going to go on now that the public trust doctrine, it is not a priority but a sovereign right. That is our sovereign right, to be able to access the beach and once on the beach, if we are in front of that high tide so called marker, what I told you about that scoop, it is not there everyday, it is not judged everyday. That is why the public works made a line and they said over 19 years, this is where it is at. You can’t be going there every day when the water is here and they say, here is it a piece of seaweed here. And then, you know, you are stepping in water. That is not a foreshore. A foreshore is from the established land. And on down. Wherever the water is down there, that is as large as the foreshore is. I can walk to the middle of my beach and I have tremendous foreshore. I don’t even need to have all that (inaudible). I want to know what is going on here? Where is my government? You guys here have been elected officials, to protect this doctrine. Give us our rights. Our legal rights. Here come the boys down there, right? Running down there, trespassing. How could I possible be trespassing, it is impossible to be trespassing on that beach. Absolutely impossible. And I told you, under that, that is where we go back to that 84 and it shows that regardless of who owns that property, the doctrine (inaudible). If this is land underneath water, it is wasteland. It belongs to us. When the tide is out, we have more beach. When the tide is in, we have less beach. But it all starts from that line. So I ask you gentlemen, please, keep our rights intact. That is all we are asking. We are seeing this here (inaudible). I get emotionally upset when I see a senior (inaudible) and I want to tell youse, Saturday was a disgrace. I respected the Lieutenant because that man did a wonderful job. And I asked him, I said ‘jesus, Lew, you can do better than that.’ I says, we are about three feet from the water. Five feet from the water. You know what the man told me, he said, ‘John, I just can’t give it to you. I just can’t give it to you.’ I looked at this Lieutenant and I said to myself, boy, you know someone has got a pair of handcuffs on this guy. It has got to, someone has got to have put a pair of handcuffs. He was talking from the heart. He couldn’t give it to me, why couldn’t he give it to me? And yet he is threatening me with trespassing. Impossible. Read the doctrine. Read in not once, read it ten or fifteen times. In 2006, I thought I had this thing all cleared up. (inaudible) That man there is the man that did clear it up. He called a meeting, a meeting, okay. Himself, Chief of the Police Department and the legal team. Kevin (inaudible), who I spoke to Friday and I asked him about this and he was here this morning at the work session and he told me the same thing he told you guys. An established line. And from that line on down. You can’t be, people can’t be inventing the law August 14, 2007 Page 67 Minutes Southold Town Board Meeting day in and day out. It is here there and there by tomorrow. That is no way to, to, to , to carry out a law. These guys have got to be schooled. It is not the guys fault, they have got to be schooled to say, ‘hey, this is what the line is’ and the rest (inaudible). And the rest of the doctrine tells you, you have a right to walk the foreshores. And when the tide comes all the way in, you can bring your boat all the way into the high tide mark and do your fishing. Shellfishing or whatever you want to do. It is spelled right out. Read the doctrine, guys and please give us back our rights. Going back to Scott Russell in 2006, we had clear sailing. What he did in that meeting, I don’t know. But we weren’t bothered by anybody and we were all happy. Now all of a sudden, we get this thing. She won. Won what? Where did you win. I can’t understand what this win thing is. I still can’t understand it. The state defaulted and gave her the land. How can they (inaudible) into the water. As long as that tide comes in and gets to that marker throughout the entire year and they say that is the marker, that is it. (Inaudible) Whether the state, the town or private. They tell it to you right here. Otherwise you can take it and throw it away. Give us a break. Give it back to us. Thank you very much. And I want to (inaudible). You guys have been wonderful. Thank you. SUPERVISOR RUSSELL: Art? MR. TILLMAN: This, what I am about to read should appear in the Suffolk Times tomorrow. But I will read it anyway, in case somebody misses it. Excuse me, I haven’t got my reading glasses. I decided to read it in light of what John just said. ‘Among the protesters at the Town right of way at the beach adjacent to the Rivera property, reported last week in the Suffolk Times was some veterans, who served their country in war time, among then Lieutenant Colonel Catullo, Master Sergeant Leroy Heylinger and John Epidy, who served during the Korean War. Ask a soldier in a combat zone, ‘why are you fighting?’ A logical answer is, to protect our rights from those who would take those rights away. Our founding fathers knew about this, they were influenced by the French philosopher and they defined liberty and they contained it in the Constitution and the enumerated our natural rights. Natural rights are those rights given by God to man which cannot be taken away. In American history, they are regarded as being inalienable. They cannot be taken away. Sovereign rights, that is what is contained in his statement there. And yet we have people here in our own country, in this situation, who would try to take those rights away. That is not right. Men risked their lives in foreign theaters of operation, then, now, throughout history to protect those rights. And yet we have homeowners here in Mattituck and in other places, who would take those rights away. Obviously under those situations, citizens have to band together, look to Town government to restore those rights and that is what John and the rest of us are asking you to do. Please enforce the public trust document. Regarding the Suffolk Times and that article, I would like to read my last paragraph. For the Suffolk Times, in an inane editorial, to suggest citizens wait for court decisions before we can use the beaches is editorial bias and hogwash. Since the median age of our protesters was probably in the 60’s, it wasn’t a young crowd. Some will be long gone before the court decides. Would the Suffolk Times have said to the civil rights protestors in the 1950’s ‘Wait for the courts to decide?’ They had already waited 250 years. I think not. Justice delayed is justice denied. And I ask that Troy please come back and get more involved. Your paper’s editorials are floundering. He called me last night to thank me for the letter and told me that he disagreed with that editorial. (Inaudible) Thank you very much. August 14, 2007 Page 68 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: Thank you, Art. Would anybody else like to come up and address the Town Board? LAMBROUS BALLAS: My name is Lambrous Ballas and I live on Sound Beach Drive. In reference to the closure of the second entrance to the beach (inaudible) a few minutes ago. He moved to Mattituck in 1999, I moved (inaudible) for the last five or six years. I moved in Mattituck in 1977, I bought a house on Sound Beach Drive. That entrance to the beach was there for almost 25 years. After the corner house was built (inaudible) of material was brought and blocked the entrance to the beach in a tremendous size of rock was placed right there along with bushes and things like that. For the last four years, I made three separate complaints to the Department of Highways. I went there personally and I complained about this situation. Nothing happened. So tomorrow when Mr. Russell, as you said before, you will go there. just remember that it happened the last four years. As soon as the corner house was built in that area. And that is not their property, absolutely not. It is not their property. As you are going to see tomorrow, it is not their property. And the fence, the sign another gentleman brought up earlier, ‘No trespassing private property’ was not put by the Town, it was put by them. By the owner of the house. SUPERVISOR RUSSELL: Chris? CHRISTINA RIVERA: I am the one you have all been waiting for. My name is Christine Rivera, president of West Mattituck Beach Association. Perhaps Scott when you come tomorrow, Mr. Catullo can come down and he can observe the nine or ten homes that were bulkheaded in the 60’s and 70’s due to the erosion also done by the (inaudible) and also because of the sand mining that was done by the Mattituck Park District. I believe it was nine homes had to be bulkheaded, have groins put on and they are buried now but I am sure, I will be happy to provide you with a shovel. Just dig them out and you will see and you have been provided with pictures. Regarding the sign that is on the fence, the sign is a 12 x 12 sign, which is permitted by the Trustees. I went to the Trustees and they said that it has to be placed at the end of the fence (inaudible) they said they had no jurisdiction as to what is on the sign but I could put a 12 x 12 sign on the fence and it said ‘no trespassing, private property at the mean high tide mark’. I am sorry it is confusing, if they would allow me to put it at the mean high tide mark, I would. But when I put it at the mean high tide mark, they gave me a summons for having it in the wetlands. So they told me the only place I could put it would be on the end of the fence, where we did do it. You are allowed one sign I believe for every eight feet of fencing. I came to you in August of 2006 because we had a problem with trespassers. I have been in Mattituck since 1957, on the corner property and since that time, since the house was actually built, there was a fence that went to the mean high tide mark. The first 25 years we maintained the fence. After that, the Southold Highway Department took over the maintaining of the fence and we put the fence on the private property owner if it bordered a public beach or a public park area. So for the next 25 years, they did the fence and they put it to the mean high tide mark that was recognized by the Town of Southold, the Highway Department and the Trustees and it went down to within 10 feet of the existing high tide mark, the last 25 years. Last year the Southold Highway Department were prohibited from doing that and we then were subjected to trespassers. I came to you and August 14, 2007 Page 69 Minutes Southold Town Board Meeting you said that there is only one way to resolve this problem, Chris and you said you will have to sue. So we were forced to sue. We were told that the Southold Town was not making ownership to this land, the foreshore, or from the mean high tide mark or from the 1949 subdivision map and the only way to resolve it was through the courts. Which we did do. And I would like to read you from the State Attorney General’s office an e-mail sent to our attorney on November 16, 2006. ‘Please be advised that I have reviewed the judgment, survey map that you had recently sent me. After confirming with the Office of General Services and they agreed that the land in question in the above matter was formed by accretion and therefore the State has no title interest in this matter. As a result, I have no objection to the substance of the draft judgment you have sent me and I have no objection to its finding with the court in the above matter.’ Furthermore, in the judgment that was issued in May 10, 2007 and I won’t read you all the whereas but I will read you the pertinent information. Whereas the plaintiffs and petitioners are the owners of the real property on the northern boundary of which has been constantly described through their respective claims and title, bounded by the mean high water mark of Long Island Sound. Owners, plaintiff real property has been subjected to the process of accretion. As a result of this foregoing, the owners and plaintiffs have riparian rights, owners of upland property and are entitled to the increase in their land due to such accretion. All the accreted beach front property, adjoining their original grant bounded on the north by the mean high water mark of the Long Island Sound as it exists on the date hereof and as shown on the attached survey, which is part of the court record, which was done by a professional surveyor; as the riparian owners of said upland property and subject to any future increase or decrease resulting from any future accretion or erosion of said upland property in accordance with all applicable law and (inaudible) are barred from all (inaudible). This is what you had asked me to do. We did it in good faith and we respect that you, as Southold Supervisor have respect the court decision. The demonstrators were told by the Bay Constable where the high tide mark is, if they were above that they would be trespassing. They came up to us and said we have determined the line in the sand, so to speak and that is what we are going to use and be the judgment of. So, as I said to you this morning when you were in the work session, I agree wholeheartedly, I think the Bay Constables did a wonderful job last week. He pointed to the mean high water mark and going back to the public trust document, speak to the foreshore. The foreshore is between the mean high tide mark and low tide. No one is objecting to people passing, reclining, walking, fishing or boating in the foreshore area. When you are above mean high tide mark, you are on private property and then this is what we went to court, to protect our property rights. This is what Southold Town asked us to do and we respect other people’s property rights and we just ask that they respect ours. Thank you. SUPERVISOR RUSSELL: Thanks. Let me just clarify a little. Actually I believe our discussion last year was centered on whether the Town should recognize the ownership of that accreted sand and as I told you at the time, I remember dealing with this when I was an Assessor. Assessor’s don’t award ownerships, Supervisor’s don’t award ownerships. Judges and deeds do. So, absent the deed you need to have a legal proceeding, which you did. I was also there last weekend, we know what the laws are, we know what the public trust doctrine is. What we were missing were the facts, so I relied on (inaudible) and I backed him 100 percent, whatever the determination was on site, whatever you say is the high water mark, however you got your fact we will back it 100 percent. That is how it was determined the other day. I would like to have August 14, 2007 Page 70 Minutes Southold Town Board Meeting something a little more empirical, so we can settle this issue and get the Town out of this ongoing battle. After a discussion today, it is a much bigger challenge than I thought so we are going to continue to rely on the determinations of the Bay Constable as he recommends it to the Lieutenant of the police department. I will back them 100 percent with their decision, on the low high water mark issue, if people have the right to lounge there, they ought to be able to lounge there. And I won’t entertain the notion of the police department being turned into some private security force. This whole issue has gotten, I think, out of hand. MS. RIVERA: When you come tomorrow, Scott, I will be happy to provide you with a survey of our property. SUPERVISOR RUSSELL: Who signed it? I am just joking. I have seen it before. I know your property like the back of my hand, I will be able to walk it pretty well. MS. RIVERA: And the fence is on the property line… SUPERVISOR RUSSELL: Is there a rock? In this public right of way? MS. RIVERA: No but there is a fence that is probably five or six feet inside our property line and I will be happy to provide you with that and if you bring it to Mr. Richter or whoever and there also is a stake on the beach, the 221 foot mark which is probably about 15 feet east of the debris line and our property goes out in a pie shape, so (inaudible) I will be happy to show it to you tomorrow. Thank you. SUPERVISOR RUSSELL: Mr. Epidy? MR. EPIDY: It still remains, Scott, the officers are not doing their job properly. That has to be changed. SUPERVISOR RUSSELL: I think they are trying, I think we need a better determination of the facts. MR. EPIDY: That is what I want to hear. COUNCILMAN ROSS: I agree. I think what you have here, I think we need a little bit more work on what the high water mark is. MR. EPIDY: Absolutely. Where this lady is talking about he did a great job, it is only because it was in her favor. COUNCILMAN ROSS: Mr. Epidy, when you deal with the high water mark, jump over to the other side of the Breakwater and if you are talking about the 19 year average, the high water mark then becomes 20 feet out into the Sound. So, it kind of cuts both ways and where does that leave the public? August 14, 2007 Page 71 Minutes Southold Town Board Meeting MR. EPIDY: It leaves it for the boats to come in. Period. SUPERVISOR RUSSELL: I think that the… MR. EPIDY: It can’t be every day. You understand what I am talking about? In other words, I sometimes think that god has been good to everybody, it seems that during the summer months in the bays and them, those problems don’t occur. The beach is there, the foreshore is there. however, 12 months of the year and they count, just as much as the three months during the summer months. So that is why we have got to determine the high water mark. The high. Not down by the shoreline. You only get foreshore from the high line on down. Not from the down on up. SUPERVISOR RUSSELL: I agree. I think god has been good to everybody. It is the Army Corps that has been the problem. We are going to, I will be down there tomorrow morning to clarify some issues with regard to obstruction to the public right of way and I will meet with Christine and I will meet with you and I would like to bring some resolution to this so that everybody has an understanding of where that line is going to be and I am going to back the police department absent any other facts in the case. Would anybody else like to address the Town Board? JAY BUSCEMI: I am Jay Buscemi, South Oakwood Homeowners Association. We are having our beach problems (inaudible). I guess I am a bit concerned, the high water mark seems to be a very critical issue and that’s what all the arguments are about day to day. It is useless and worthless to have the police department tied up doing that job. You know it and I know it. You guys have got to come up with, I say you guys, maybe you need a committee, a sub-committee. The Trustees may be the appropriate people to come up with some very simple guidelines as to how one goes. If you want to talk about the 19 year average median tide, we couldn’t agree on that no matter what. You could get four engineers in here, they would have five different opinions and you know it. But if you set something up in the Town and say, look, forget the mean high water mark. Let’s say the last highest tide mark, that is the mark. No matter what day it is, no matter what time of the month it is. I know you are shaking your head… COUNCILMAN EDWARDS: No, that is effectively what they are using. COUNCILMAN ROSS: That is what they are using. Talk to Mr. Epidy about that. SUPERVISOR RUSSELL: The, we are trying to bring an empirical answer to what is basically a state doctrine and it is very difficult. And also, the Town is unfortunately right now in the position of defending what is fundamentally a state doctrine. We don’t have the tools or resources to bring clarity to it as much as people would like. In your case, however, I will tell you as a side issue you are welcome to come into us and talk to us if you need any of the historical, I was unaware of your situation until the gentleman raised it before. Certainly you would have access to all the maps and everything you need from my office. MR. BUSCEMI: Whatever you can do to help us out. August 14, 2007 Page 72 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: Okay. Good. MR. BUSCEMI: I have a position now that I am taking to the gentleman who is restricting our beach access. I don’t particularly agree with Mr. Ross that you go get a lawyer. I think a lot of these things can be dealt with without legal counsel. COUNCILMAN ROSS: I agree. MR. BUSCEMI: It ties up the court, it wastes money, it wastes resources. If I can work something with the guy himself, if he would involve himself but there are no good guidelines. People make up their own rules. They say, oh, well I have always had access there, therefore I should still have access there. They may be right, they may be wrong. There are no clear sets of easily understood rules, maybe there can’t be. COUNCILMAN ROSS: Sometimes there are. MR. BUSCEMI: Yeah. But I wonder if we could try. Maybe the Trustees could come out with a position paper that says this is how we see beach access. This is what we call the high water mark even if it isn’t any more or less than it has been before, to see it in writing, in the paper, maybe it would avoid some of the issues. But to take everyone of these cases, this is not the last one you are going to hear about… SUPERVISOR RUSSELL: No. MR. BUSCEMI: It is going to clog up the courts, it is going to waste our time, it is going to waste our money and it is just a matter of people thinking they own more than they do and people thinking that because they had it, they should always have it. Neither of those cases are true. SUPERVISOR RUSSELL: Thank you very much. Very succinct. MR. CATULLO: Mr. Ross made a comment about the tide line being out, if it is averaged over 19 years and according to my deed, I own the entire width of the beach east of Bailie and the entire depth of it out into 30 feet of the water. Which means I could prohibit everybody, at all tides, storm, flood, leap, whatever from passing by there. But of course, it never occurred to me in my wildest dreams to do that. We are a civil society presumably, so I think a lot of it has to be neighborly too. There has to be a little bit of give there but on the point of how the law, we didn’t really pursue this and we mentioned tying up the court. I think we really should have pursued this court action that just went on and what was said in the paper, dropped the ball by the geniuses up in Albany, who apparently don’t feel that there is any repercussion going on. This is going to be over and over again, this is exactly right. We have to define what the, the lawyers, do I have the right to put up, to make myself into an East Berlin? With checkpoint Charlie there and stop everybody from going down the beach for miles from Bailie’s beach because I have a deed to that property and I feel so inclined? I think not. But if I have a right, I wouldn’t exercise August 14, 2007 Page 73 Minutes Southold Town Board Meeting it but the point is, we should define it so that it is not left up to the option of some, perhaps eccentric people, some people who may not be as altruistic as others. I think we should pursue this business of why Cuomo dropped the ball as it were, in this particular instance and so we have a substantial concrete base that can be extended and extrapolated to all shores in a title situation. SUPERVISOR RUSSELL: That is a good point. MR. CATULLO: We can pursue the reason that they did that. SUPERVISOR RUSSELL: And I liked your term, dropped the ball. I should have went with that instead of what I chose. Then my mother wouldn’t have called me Thursday morning and lectured me on my potty mouth. Mr. Epidy? MR. EPIDY: You know, something I just picked up that I forgot to tell you. In this here document and there is something here that I think is very important and I am going to read it to you. It is the actually the type and paragraph down in the protected uses. Title of the state(inaudible) of the shores and tidal rivers is different from the fee simple which an individual holds on (inaudible). It is not a priority but a sovereign right and it has been frequently (inaudible) that a trust is granted on this title (inaudible) and this sentence is very important, of which the state is powerless to divest itself. The state of New York broke its own law here by dropping the ball. Why they never took it to court, I will never know. But yet it says here, they don’t even have the power to get rid of it. According to the doctrine. SUPERVISOR RUSSELL: Yes. Would anybody else like to address the Town Board? MR. EPIDY: Yes, why don’t you call the state of New York and tell them to come down here and solve this. And let them pay for all the surveying and all of that other business. SUPERVISOR RUSSELL: Okay. Mrs. McGreevy. DORIS McGREEVY: Doris McGreevy, Mattituck. A few of the people have been mentioning where is our government? And Mrs. Catullo tried to reach the Attorney General’s office and didn’t get anywhere, they never returned her calls. I have a letter here from our Assemblyman, Marc Alessi. And in his quest to try to get some information so he could act on the public’s behalf, he was thwarted as well. He has a, he sent me this letter and it was written to the Honorable Elizabeth P. Emerson, who is the judge that rules and it says, and this was written th August 9. ‘Dear Justice Emerson, I have been contacted by several constituents of mine regarding case 23850-06 which you have recently issued a ruling for. I have tried several times to contact your office to request a copy of this ruling from your clerk, Robert M. Server. I am disappointed to report my phone calls have not been returned. I respectfully request that you provide my office with a copy of the ruling of the aforementioned case. If you have any questions, please contact Susan Lanalle, in my office. Respectfully, Marc Alessi.’ So, you can understand our frustration when individuals try to contact people in Albany and not only is it a far distance but in this modern age with telephone and everything else, you don’t, I mean an August 14, 2007 Page 74 Minutes Southold Town Board Meeting th Assemblyman can’t get an answer and this was mailed out on the 10 and so, it is like a week goes by, several attempts are made and it just hampers the whole process and I wanted everyone to be aware and perhaps you can call his office for some assistance. Thank you. SUPERVISOR RUSSELL: Mr. McGreevy? RON McGREEVY: Ron McGreevy, Mattituck. I have numerous issues here, the main one is this has everything to do with this section 111. The party has threatened to sue everybody. Spoke to an attorney from DEC and they said, if they mitigate one grain of sand, they are going to be sued or threatened with a lawsuit. The Mattituck Park District has been threatened numerous times with a lawsuit. The situation is getting critical. You can’t walk west past Ms. Rivera’s property at high tide. You can’t walk east either and it has nothing to do with Dr. Catullo’s property because in the winter it is a 30 foot difference between high tide in the winter and high tide in the summer, depending on which way the wind is blowing and holding the water in Long Island Sound. You can’t walk east because you will have to walk in the water. At a point 3,300 feet from the east jetty at high tide, water is right up to the bulkhead. Now, I addressed this quite a few years ago in January 2002. The Barry Prendergast, Department of State, New York State Department of State asking interpretation on property rights. He contacted their legal bureau and sent me this back. On ownership, if the original property description prior to subdivision was based on meets and bounds, then ownership remains at those limits. Where sediment has accumulated, it probably belongs to the State of New York unless there was another owner of the underwater lands on which accretion had taken place. Where sediment has eroded, a meets and bounds property owner, the underwater land up to the original property limits they own. This subdivision, Captain Kidd Estates in the original subdivision was clearly a meets and bounds survey. It was not an ambulatory survey. Mr. Prendergast goes on to state, with an ambulatory property definition, for example, the low water line. Ownership moves with changes in the location of the defining limit. Underwater land reverts to state ownership, while accreted land occurs to private ownership. Dr. Catullo’s property, private ownership. He could block the beach, he doesn’t want to. As far as 50 percent bulkheading, a year ago in August we took a bit of a walk on the beach. I walked from Breakwater beach all the way to where Levin’s was and then all the way back, taking pictures. And as the Supervisor mentioned, there were old bulkheads buried in the sand. Well, in the aerial photograph I have in 1929 that there was low profile bulkheading going all the way into the inlet. That had nothing really to do with anything in modern times. I would like to submit a photograph of the 50 percent of the property bulkheads. One bulkhead. One. Fifty percent. I guess the neighbors didn’t want to go in with it. Fifty percent. We also talk about ownership here. I want to submit a map. It shows Ms. Rivera trying to claim land out into the Sound by filing surveys. I went to Riverhead and researched it out and I was told, whatever you file, they will put it in. Whatever you submit, they will file it. However, this was a phony because it wasn’t deeded at all. Where as Dr. Catullo’s and the property next to him is deeded. I will also submit that document. That is a phony. Is there a date on that? SUPERVISOR RUSSELL: There would be, if you had the whole, if you actually look at the tax maps themselves, in the upper left hand corner, the last date of revision would be there. But it is not there. This is just a copy of a section of it. I can tell you when this happened, this was a August 14, 2007 Page 75 Minutes Southold Town Board Meeting couple of years ago. When the county files a 102 form, which is a change in meets and bounds, the county, you know these aren’t legal documents, these tax map books. They are just books. They are generally used for finding property. So if someone comes in with a survey of any kind and says, look, this is what my property boundary should look like, the county makes changes because it is not a binding instrument of any kind and rather than sit there all day and argue with someone, they say ‘oh, okay. No big deal. There you go’. So, but this isn’t really… COUNCILMAN ROSS: Like the state. MR. EPIDY: Inaudible. She filed a document that really wasn’t a document. It just said survey on it. Evidently some creative drawer who happens to be a surveyor, which we still don’t know (inaudible) drew a picture. And I asked the guy, I said, ‘you know, she filed this picture’ and he said to me ‘let me look at my records’ They have a book of records and he said, ‘you know John, this was sent to us from the Town’ he says, ‘we made this change because the Town requested it’, so it was made from this office here. Evidently one of our clerks here, (inaudible) I also have the signature of the party that passed (inaudible) and the tax map was changed in 1997. when you look at, and I have got them at home, when you look at the tax map she stood out like a sore thumb out there because it was this way, back this way and then the high tide water line went this way. I think it was because of your records, Scott Russell, that that was changed. SUPERVISOR RUSSELL: That was, you brought this… MR. EPIDY: That was changed last year around June, July. SUPERVISOR RUSSELL: You brought this to my attention last year and what happened was, someone had presented to the assessors showing the new meets and bounds. They filed a 102 form, like I said, it is the county document that changes the tax map book. But the tax map book has no binding meaning whatsoever. So if someone comes in and says I own that, here is your engineer’s stamp, your survey that says you own it, go ahead and do it. When you brought it to my attention last year, I asked the Assessor to change it back to the original meets and bounds, which they did. And that is when, and I talked to Chris Rivera, came to talk to me and her attorney came to talk to me and I said, ‘Look, it is not the Assessors or Supervisors that dictate what you own, it is deeds and judges.’ So, you have got to go to court. But I have got to be honest with you, there was a court case here and that has probably changed things a little bit. I wish that weren’t the case, but it is. So, we are going to have to come to a new realization now. MR. EPIDY: Oh, absolutely. But the doctrine still remains…. SUPERVISOR RUSSELL: The public trust document, absolutely. MR. EPIDY: Absolutely. Whether she, it doesn’t come under the heading of private property. It comes under the heading of ownership, private ownership…. SUPERVISOR RUSSELL: Can I just have Ron finish? August 14, 2007 Page 76 Minutes Southold Town Board Meeting MR. McGREEVY: I really want attention to the equal time piece which Dan Catullo has mentioned. Recent studies incorporated in the data compiled by the Army Corps of Engineers indicate that conditions east of the inlet have been steadily improving and are stabilizing. That was a one line statement in a 100 page document. Why is that happening? Because everything there is bulkheaded. Section 111 study goes on and states that in the secondary erosion area, that is from 4,000 foot east of the east jetty, roughly where a line where Saltaire Estates, if you could extend it to the water would be, till 9,600 feet in the next 50 years will experience 75 foot loss of beach. Now the Corps came to us stating that most of the homes were 100 foot back. We went out and measured them. They were not. Two thirds of all the homes were less than 75 foot from the water. Some were down, had structures five foot from the bluff. The Corps didn’t really believe it, so they sent Tom Pfeiffer out. He measured it. We were accurate. So if nothing is going to be done, a lot of houses are going to be falling into the water unless and only unless they bulkhead. That is one mile of bulkhead. A while back, I checked with Tom Samuels about what would it cost to bulkhead today, per foot. He said $350 to $400 a foot. Okay? If those people have to bulkhead, that is somewhere between $2,000,000 and $3,000,000. So somebody can have a little more sand? That is just not right. Now, section 111 study shows that 12,000 cubic yards of sand are impacted every year by the jetty. Seven thousand build up in front of their beach, 2,000 pours into the inlet blocking the channel for deep draft fishing boats. Kominski ran aground a short time ago. Okay? Three thousand goes out into the shoal, that is right outside the inlet, again blocking the navigation channel. Now, if this 12,000 cubic yards is allowed to continue, maybe the West Mattituck Beach Association adds in the signs, 100 years forward, might have enough land to build a Hyatt hotel. Something has to be done. This is a man made structure. The Corps of Engineers says it blocks 87 % of all sand. It is increasing the erosion rate by 50 %. Natural background erosion rate is 1 foot per year on Long Island Sound. This is increasing it to 1 ½ foot. Something has to be done and if it is legal, it is going to has to be legal but something is going to have to be done. Thank you. Oh, one other point. For years I have heard Ms. Rivera say, Captain Kidd Estates sued the park district to stop the mining that was so heavily involved. I never really believed that but I thought maybe it was true, so I decided to find out what the facts were and I am going to present this letter from the Captain Kidd Community Association, dated July 20, 2007, it is even notarized. That they never were part of anything suing anybody. I would like to present that. The Corps has found that their jetty has caused a lot of damage. They are willing to repair it. Now, if they don’t take the sand from filet on the west, they have to get it from elsewhere. It gets very expensive. That sand pouring into the channel has to be dredged. Ms. Rivera in her statement went on to say, they can do that by dredging. It was a Herculean task to get them to dredge it the last time and it took 14 years before they dredged it. And as the dredge captain was leaving, I asked him when is this going to fill in by? He says, a matter of months, this is going to fill in. The section 111 study showed that in less than a year, the channel is no longer at its charted depth. Boats were run aground. I have spoken to Mim, they hit a prop, $10,000. The prop gets hit, the strut gets bent. Large vessels, fishing vessels, they have got to wait for the tide to come in and out now. You know. That is about it. I hope something can be done. Thank you. SUPERVISOR RUSSELL: Mr. McGreevy. Just as a point of clarification, my office, the Supervisor’s office has taken the position that that court case should have nothing to do with the 111 study because in no way would that prohibit the use of that sand. It simply implies, if I am August 14, 2007 Page 77 Minutes Southold Town Board Meeting not mistaken, that they would have to be reimbursed for it but that sand should still be very much a part of the ongoing recommendations here. UNIDENTIFIED: I just want to make sure, I am going to follow up that the Town does everything in their power to see that something is done with the results of this lawsuit. Number one, I don’t know if (inaudible) that a lot of the sand that was accreted to Ms. Rivera’s favor was due to the 111 study being waited on. So this whole study has been going on, in effect, for a number of years while she is accreting land. And I just don’t understand that no one can do anything to, that she is gaining land while people or while the study is going on that the state should have knowledge of. So how they can, you know (inaudible) or whatever, it just doesn’t make sense that no one can do anything. I don’t understand it there. I have tried, I work, I don’t work for the Town so I have a commitment elsewhere (inaudible) but someone in the Town should see what is in their power to see what can be done. You know, there was a study going on, the Army Corps was aware of what was going on and you know, someone has to be bondable for something when you talk about (inaudible) we should have an answer. SUPERVISOR RUSSELL: I agree. UNIDENTIFIED: If you can see who can give us something of an answer as to how this occurred. SUPERVISOR RUSSELL: I agree. I just have this vision of someday seeing a barge with a whole lot of sand on it going from east to west with Mr. Epidy sitting in a beach chair right on top of that pile of sand on the barge. So, trying to resolve a lot of these at one time but we are. Again, we talked about before, we know what the law is, now we just need to ferret out some better facts. Chris? MS. RIVERA: I just want to say that whatever documents are presented to Southold Town, whether they be for a building permit etc, are documents stamped by a surveyor. The Town, the Building Department, the DEC will not accept anything unless it is stamped so perhaps Mr. Epidy got a copy of something without the stamp. But you know, as an Assessor, you must present the document and survey stamped by a surveyor. Every survey that has ever been presented on my property or any of my other neighbor’s property has always been stamped by a legal surveyor. And I don’t know what he is talking about, why he has a copy of something that someone drew on, I assure you it wasn’t me and further more, if Mrs. McGreevy would like a copy of the court decision, I am sure Pat Finnegan can direct her to your outside counsel who was provided with the decision. She doesn’t have to write her Assemblyman or Congressman or State Senator. I am sure the Town has a copy as well as your outside counsel has a copy, so I am sure she can provide her with that. MR. EPIDY: No stamp, no license on it. SUPERVISOR RUSSELL: Mrs. Egan, do you have anything to say before we bring this… MS. EGAN: Joan Egan, I have had good results by writing to your US Senator and I got good August 14, 2007 Page 78 Minutes Southold Town Board Meeting results. I noticed that the helicopter thing is better. Did you get in touch with Republic Airport? SUPERVISOR RUSSELL: We have sent correspondence out to that airport, the municipal airport and to the trade organization in Yardley, Pennsylvania. MS. EGAN: Good. Take care. SUPERVISOR RUSSELL: Okay. Sure go ahead. UNIDENTIFIED: Inaudible The West Mattituck Beach Association was formed (inaudible) sand mining by the Park District. SUPERVISOR RUSSELL: Okay. Mr. McGreevy. MR. McGREEVY: Just one more question, Ms. Rivera said we can go to Pat Finnegan to get the lawsuit. We already have it. No one gave it to us. We went out and got it ourselves. We have all the filing papers that were originally filed in this court here. We have everything, so Ms. Rivera, thank you. We already have it though. SUPERVISOR RUSSELL: Alright. Can I get a motion to adjourn? Supervisor Russell Vince Falco, Laurel Art Tillman, Mattituck James King,Trustee Art Tillman Citizen Dan Catullo Charlene Catullo John Epidy Art Tillman Lambrous Christene Rivera John Epidy August 14, 2007 Page 79 Minutes Southold Town Board Meeting Jay Buscemi Dan Catullo John Epidy Doris McGreevy John McGreevy Christene Rivera Joan Egan John McGreevy 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 6:34 P.M. * * * * * Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Daniel C. Ross, Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell