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HomeMy WebLinkAboutAG-11/07/2007 ELIZABETH A. NEVILLE Town Hall, 53095 Main Road TOWN CLERK PO Box 1179 Southold, NY 11971 REGISTRAR OF VITAL STATISTICS Fax (631) 765-6145 MARRIAGE OFFICER Telephone: (631) 765 - 1800 RECORDS MANAGEMENT OFFICER www.southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER AGENDA SOUTHOLD TOWN BOARD November 7, 2007 7:00 PM POLICY: At scheduled Town Board meetings, the attending public is encouraged to briefly address the Town Board relating to agenda resolutions prior to their enactment; the public will also be given time at the conclusion of the regularly scheduled business agenda to address the Board on any given topic. I. REPORTS 1. Land Tracking Third quarter of 2007 2. Town Clerk September 2007 3. Town Clerk Monthly Report October 2007 II. PUBLIC NOTICES 1. Renewal Applications to NYS Liquor Authority Winery License - Bedell North Fork LLC d/b/a Bedell Cellars, 36225 Main Rd., Cutchogue Farm Winery License - Bedell North Fork LLC d/b/a Corey Creek Vineyards, 45470 Main Rd., Southold Winery License - Osprey's Dominion, 44075 Main Rd., Peconic Liquor License - Joseph Pagano, 53345 Main Rd., Southold Tavern Wine License - Village Cheese Shop North Inc., 105 Love Ln., Mattituck 2. Suffolk County Industrial Development Agency Public Hearing - 11/28/2007 @ 11:00 am @ Peconic Landing, Greenport - Request by Peconic Landing to refinance its Continuing Care Retirement Community Fixed Rate Revenue Bonds 3. Application to US Army Corps of Engineers Southold Town Meeting Agenda - November 7, 2007 Page 2 Suffolk County DPW - Dredge with ten years maintenance and sand beach placement, Schoolhouse Creek. III. COMMUNICATIONS IV. DISCUSSION 1. 9:00 AM - Heather Lanza, Mark Terry, Phillip Beltz Environmental Protection Fund 2007-2008 Grant and Hamlet Stakehold Initiative 2. 9:30 Am - Heather Lanza * Cell Tower Study Proposals * Bike Paths 3. 10:00 Am - Historic Preservation Commission Historic Property Tax Exemption 4. 10:30 Am - Jim McMahon Pigeon Issue 5. Cold War Veterans Exemption 6. Southold Hamlet Stakeholders Recommendation 7. Dredging Committee Request for Funds * Secretary * Aerial Photographs 8. 12:00 Noon - Executive Session Michael Krauthamer, Esq. - CSEA Negotiations 9. Executive Session Moratorium? - per Councilman Krupski CALL TO ORDER 7:00 PM Meeting called to order on November 7, 2007 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Present Absent Late Arrival Councilman Albert Krupski Jr. ??? Councilman William P. Edwards ??? Councilman Daniel C. Ross ??? Southold Town Meeting Agenda - November 7, 2007 Page 3 Councilman Thomas H. Wickham ??? Justice Louisa P. Evans ??? Supervisor Scott Russell ??? Town Clerk Elizabeth A Neville ??? Town Attorney Patricia A Finnegan ??? PLEDGE OF ALLEGIANCE OPENING STATEMENTS MINUTES APPROVAL 1. RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Tuesday, October 09, 2007 Vote Record - Acceptance of Minutes for October 9, 2007 4:30 PM ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ???????? William P. Edwards ? Accepted ?????????? Accepted as Amended Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ???????? Louisa P. Evans ???????? Scott Russell V. RESOLUTIONS 2007-841 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit 11/7/07 RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby November 7, 2007. Vote Record - Resolution RES-2007-841 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-842 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Southold Town Meeting Agenda - November 7, 2007 Page 4 Next Meeting 11/20/07 4:30 Pm RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, November 20, 2007 at the Southold Town Hall, Southold, New York at 4:30 P. M.. Vote Record - Resolution RES-2007-842 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-843 CATEGORY: Attend Seminar DEPARTMENT: Building Department Attend Seminar Building Dept RESOLVED grants permission to that the Town Board of the Town of Southold hereby Building Inspector George Gillan, Building Permits Examiner Patricia Conklin and Building Permits Examiner Damon Rallis to attend a seminar on structural connectors in Carle Place, L.I., New York, on December 5, 2007. All expenses for registration, and travel to be a legal charge to the 2007 Building Department budget (meetings and seminars). Vote Record - Resolution RES-2007-843 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-844 CATEGORY: Retirement/Resignation DEPARTMENT: Accounting Retirement of Corrine Bednoski RESOLVEDaccepts the intent to retire that the Town Board of the Town of Southold hereby of Corrine Bednoski from the position of Driver-Messenger in the Department of Public Works , effective October 27, 2007. Southold Town Meeting Agenda - November 7, 2007 Page 5 Vote Record - Resolution RES-2007-844 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-845 CATEGORY: Retirement/Resignation DEPARTMENT: Accounting Intent to Retire Pamela Anshutz RESOLVEDaccepts the intent to retire that the Town Board of the Town of Southold hereby of Pamela Anshutz from the position of Clerk Typist in the Department of Public Works , effective November 9, 2007. Vote Record - Resolution RES-2007-845 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-846 CATEGORY: Budget Modification DEPARTMENT: Accounting Adjust Appropriation for CHIPS Grant RESOLVEDmodifies the 2007 Highway that the Town Board of the Town of Southold hereby Fund Part Town budget as follows: To: Revenues: DB.3501.00 CHIPS Capital Payments $32,727.79 Appropriations: DB.5112.2.400.905 CHIPS Resurfacing $32,727.79 Southold Town Meeting Agenda - November 7, 2007 Page 6 Vote Record - Resolution RES-2007-846 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-847 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 $9,610.06 To: APPROPRIATIONS A.3120.2.300.100 Automobiles $9,610.06 Vote Record - Resolution RES-2007-847 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-848 CATEGORY: Budget Modification DEPARTMENT: Land Preservation Budget Mod - Land Preservation RESOLVEDhereby modifies the 2007 that the Town Board of the Town of Southold Community Preservation Fund budget as follows: Southold Town Meeting Agenda - November 7, 2007 Page 7 From: H3.8660.2.600.100 Land Acquisitions $ 1276.20 To: H3.8660.2.500.100 Legal Counsel $ 1276.20 Vote Record - Resolution RES-2007-848 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-849 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: From: A.3120.4.600.400 Inoculations $2,500.00 To: A.3120.2.500.250 Defibrillators $2,500.00 Vote Record - Resolution RES-2007-849 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-850 CATEGORY: Budget Modification DEPARTMENT: Town Clerk Budget Modification - Highway RESOLVEDmodifies the 2007 Highway that the Town Board of the Town of Southold hereby Fund Part Town budget as follows: Southold Town Meeting Agenda - November 7, 2007 Page 8 To: DB.5110.4.100.900 General Repairs $17,297.88 Contractual Expense Supplies & Materials Resurfacing Projects DB.5140.4.100.100 Brush & Weeds/Miscellaneous $ 330.95 Contractual Expense Supplies & Materials Office Supplies DB.5110.4.100.905 General Repairs $ 7,322.38 Contractual Expense Supplies & Materials Asphalt Patch From: DB.5142.4.100.935 Snow Removal $17,297.88 Contractual Expense Supplies & Materials Rock Salt DB.5140.4.100.400 Brush & Weeds/Miscellaneous 330.95 Contractual Expense Supplies & Materials Implements (Small Tools) DB.5110.4.100.915 General Repairs 3,469.20 Contractual Expense Supplies & Materials Cement DB.5110.4.100.975 Brush & Weeds/Miscellaneous 3,853.18 Contractual Expense Supplies & Materials Steel Vote Record - Resolution RES-2007-850 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-851 CATEGORY: Authorize to Bid DEPARTMENT: Town Clerk 2008 Yearly Bids Southold Town Meeting Agenda - November 7, 2007 Page 9 RESOLVEDhereby authorizes and directs the that the Town Board of the Town of Southold Town Clerk to advertise for bids for the following items for 2008: Milk for the Human Resource Center Purchase of Police Department Uniform Clothing Cleaning of Police Department Uniform Clothing Gasoline for Town Vehicles Heating Fuel Oil for Town Buildings Diesel Fuel Oil for Highway Department and Transfer Station Bulk Ice Control Sand for the Highway Department Removal/Disposal of Household Hazardous Waste Removal of Scrap Tires from the Transfer Station Town Brown Leaf Bags Town Yellow Garbage Bags Vote Record - Resolution RES-2007-851 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-852 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Land Preservation LI Ag Forum WHEREAS , the Land Preservation Committee has made a recommendation to the Town Board th that the Town of Southold participate as a vendor in the 27 Annual Long Island Agricultural Forum taking place on January 10 & 11, 2008, at the Eastern Campus of Suffolk County Community College in Riverhead, New York; and WHEREAS , it has been recommended that Melissa Spiro, Land Preservation Coordinator, attend this event as a forum participant at a complimentary exhibitor’s booth to promote farmland preservation programs within the Town of Southold; now, therefore, be it RESOLVEDdirects Supervisor Scott A. that the Town Board of the Town of Southold hereby Russell to execute an Outside Vendor Contract 2008 Ag Forum exhibitor’s contract Southold Town Meeting Agenda - November 7, 2007 Page 10 between Cornell Cooperative Extension of Suffolk County and the Town of Southold for the purpose of participating in the 2008 Ag Forum sponsored by Cornell Cooperative Extension of Suffolk County at Suffolk County Community College/Eastern Campus, 121 Riverhead-Speonk Road, Riverhead, New York on January 10 & 11, 2008; and, be it further RESOLVEDgrants permission to that the Town Board of the Town of Southold hereby th Melissa Spiro, Land Preservation Coordinator, to attend the 27 Annual Long Island Agricultural Forum as a representative of the Town of Southold. Travel expenses, if any, to be a legal charge to the 2008 Land Preservation Department budget A.8710.4.600.200 (meetings & seminars). Vote Record - Resolution RES-2007-852 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-853 CATEGORY: Budget Modification DEPARTMENT: Town Clerk Budget Modification - Records Management RESOLVEDmodifies the 2007 that the Town Board of the Town of Southold hereby General Fund Whole Town budget as follows: From: A.1460.1.100.100 Records Management Full Time Employees, Regular Earnings $9,600.00 To: A.1460.1.200.100 Records Management $9,600.00 Part-Time Employees, Regular Earnings Southold Town Meeting Agenda - November 7, 2007 Page 11 Vote Record - Resolution RES-2007-853 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-854 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: From: A.1990.4.100.200 Police Retirement Reserve $70,000.00 To: A.3120.2.300.100 Automobiles $70,000.00 Vote Record - Resolution RES-2007-854 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-855 CATEGORY: Litigation DEPARTMENT: Town Attorney Retain Frank Isler In Daneri Litigation RESOLVEDretains Frank A. Isler as that the Town Board of the Town of Southold hereby Special Counsel in the matter of Eugene L. Daneri v. Zoning Board of Appeals of the Town of Southold , which action was filed on October 29, 2007. Southold Town Meeting Agenda - November 7, 2007 Page 12 Vote Record - Resolution RES-2007-855 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-856 CATEGORY: Litigation DEPARTMENT: Town Attorney Retain Frank Isler In Zupa Litigation RESOLVEDretains Frank A. Isler as that the Town Board of the Town of Southold hereby Special Counsel in the matter of Victor J. Zupa and Mary S. Zupa v. Paradise Point Association, Inc. and the Town of Southold , in which action an Amended Complaint naming the Town of Southold as an additional defendant was filed on October 9, 2007. Vote Record - Resolution RES-2007-856 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-857 CATEGORY: Budget Modification DEPARTMENT: Highway Department Budget Modification - Highway RESOLVED modifies the 2007 Highway that the Town Board of the Town of Southoldhereby Fund Part Town budget as follows: To: DB.5130.2.500.400 Machinery $1,447.00 Equipment & Capital Outlay Other Equipment Radio Equipment From: DB.5130.2.500.300 Machinery $1,447.00 Southold Town Meeting Agenda - November 7, 2007 Page 13 Equipment & Capital Outlay Other Equipment Contractor Equipment Vote Record - Resolution RES-2007-857 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-858 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute Agreement #C-006791 Between the Town of Southold and New York State Department of State RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute Agreement #C-006791 between the Town of Southold and New York State Department of State , in connection with the construction and sand-bypassing for Goldsmith’s Inlet Erosion Management, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2007-858 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-859 CATEGORY: Retirement/Resignation DEPARTMENT: Human Resource Center Resignation of PT Mini Bus Driver. Ms. Sullivan is Leaving Due to Family Medical Emergency. RESOLVEDaccepts the resignation of that the Town Board of the Town of Southold hereby Patricia Sullivan from the position of Part Time Mini Bus Driver in the Human Resource Center effective November 2, 2007. Southold Town Meeting Agenda - November 7, 2007 Page 14 Vote Record - Resolution RES-2007-859 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-860 CATEGORY: Employment - Town DEPARTMENT: Human Resource Center Hiring FT Mini Bus Driver At HRC. RESOLVEDappoints Deborah Olsen that the Town Board of the Town of Southold hereby to the position of Full Time Mini Bus Driver /CDL for the Human Resource Center , effective November 19, 2007 at a rate of $21,470.54 per annum. Vote Record - Resolution RES-2007-860 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-861 CATEGORY: Employment - Town DEPARTMENT: Human Resource Center Hiring PT Mini Bus Driver/ HRC RESOLVEDappoints Brian L. that the Town Board of the Town of Southold hereby Dickerson to the position of a Part Time Mini Bus Driver for the Human Resource Center , effective November 13, 2007 at a rate of $12.11 per hour. Vote Record - Resolution RES-2007-861 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell Southold Town Meeting Agenda - November 7, 2007 Page 15 2007-862 CATEGORY: Budget Modification DEPARTMENT: Human Resource Center Bud Mod HRC- Contractual Expenses RESOLVEDmodifies the 2007 that the Town Board of the Town of Southold hereby General Fund Whole Town budget as follows: From: Appropriations:Programs for the Aging $ 2,410.00 A.6772.4.100.125 Contractual Expense Kitchen Supplies To: Appropriations Programs for the Aging A.6772.4.100.150 Contractual Expense $1,700.00 Disposables Contracted Services A.6772.4.400.600 $ 450.00 Equip. Maintenance/Repairs Contractual Expense/ Misc. $260.00 A.6772.4.600.300 Travel Reimbursement Vote Record - Resolution RES-2007-862 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-863 CATEGORY: Bid Acceptance DEPARTMENT: Community Development Ryder Farm Restoration RESOLVED accepts the bid of that the Town Board of the Town of Southold hereby Corazzini Asphalt for the “Clearing, Grubbing & Road Shoulder Restoration for Ryder Farm & Park View Lane, Orient, NY” in the amount of $ 7,000, all in accordance with the Plans and specifications prepared by James Richter, RA, Office of the Town Engineer. Southold Town Meeting Agenda - November 7, 2007 Page 16 Vote Record - Resolution RES-2007-863 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-864 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney Set PH for Shellfish LL WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk th “A Local Law in County, New York, on the 7 day of November, 2007 a Local Law entitled relation to Shellfish and Other Marine Resources” AND RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on 4th day of December, 2007 at 7:45 p.m. 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: 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 Southold Town Meeting Agenda - November 7, 2007 Page 17 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 water. Floating docks are excluded from this definition. Southold Town Meeting Agenda - November 7, 2007 Page 18 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. TAKING - The removal or harvesting of shellfish and other marine resources by any means. Southold Town Meeting Agenda - November 7, 2007 Page 19 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. Such a permit shall be required for all persons ages 10 and older. Persons under the age of 10 may take shellfish only when accompanied by a valid permit-holder, and any shellfish taken by such child shall count toward the maximum daily quantity allowed in this Chapter for such permit-holder. 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 Southold Town Meeting Agenda - November 7, 2007 Page 20 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 them on his their 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 Southold Town Meeting Agenda - November 7, 2007 Page 21 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 two (2) bushels 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. Southold Town Meeting Agenda - November 7, 2007 Page 22 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 Southold Town Meeting Agenda - November 7, 2007 Page 23 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 Southold Town Meeting Agenda - November 7, 2007 Page 24 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. In addition, shellfish shall not be taken from the following habitat sanctuary zone in Hallock Bay, North of the line formed by the following coordinates (excluding Little Bay): from a westerly point at Lat 41 degrees 8 minutes 17.22 seconds N, Long 72 degrees 16 minutes 40.68 seconds W, for a distance 5,190 feet, S 81 degrees 10 minutes 8 seconds E, to an easterly point at Lat 41 degrees 8 minutes 24 seconds N, Long 72 degrees 15 minutes 33.81 seconds W. Such sanctuary area, depicted on a mapped image, shall be made part of all permits issued pursuant to this Chapter. §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 Southold Town Meeting Agenda - November 7, 2007 Page 25 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. 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. Southold Town Meeting Agenda - November 7, 2007 Page 26 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 on January 1, 2008, after filing with the Secretary of State as provided by law. Vote Record - Resolution RES-2007-864 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-865 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute an Amendment to Agreement Between the Suffolk County Office for the Aging and the Town of Southold for the Transportation Assistance Program RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an Amendment to Agreement between the Suffolk County Office for the Aging and the Town of Southold for the Transportation Assistance Program , IFMS No. SC EXE 07000001389, for the period April 1, 2006 through March 31, 2008, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2007-865 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell VII. PUBLIC HEARINGS 1. Motion To: Motion to recess to Public Hearing COMMENTS - Current Meeting: Southold Town Meeting Agenda - November 7, 2007 Page 27 RESOLVEDbe and hereby is declared that this meeting of the Southold Town Board Recessed in order to hold a public hearing. 2. 2008 Budget Public Hearings 11/7/07 4:00 Pm 3. 2008 Budget Hearing 11/7/07 7:30 Pm VII. CLOSING STATEMENTS Motion To: Adjourn Town Board Meeting COMMENTS - Current Meeting: RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at __________ P.M. * * * * * Elizabeth A. Neville Southold Town Clerk