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HomeMy WebLinkAboutTB-10/11/2005 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 October 11, 2005 4:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, October 11, 2005 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. Attendee Name Organization Title Status Arrived William P. Edwards Town of Southold Councilman Present 4:30 PM Daniel C. Ross Town of Southold Councilman Present 4:30 PM Thomas H. Wickham Town of Southold Councilman Present 4:30 PM John M. Romanelli Town of Southold Councilman Absent 4:30 PM Louisa P. Evans Town of Southold Justice Present 4:30 PM Joshua Y. Horton Town of Southold Supervisor Present 4:30 PM Elizabeth A. Neville Town of Southold Town Clerk Present 4:30 PM Patricia A. Finnegan Town of Southold Town Attorney Present 4:30 PM I. REPORTS 1. 1. Recreation Department Monthly Report August 2005 2. 2. Southold Animal Shelter Monthly Report July 2005 3. 3. Southold Animal Shelter Monthly Report August 2005 4. 4. Town Clerk Monthly Report September 2005 Page 1 October 11, 2005 Minutes Southold Town Board Board Meeting 5. 5. Town Clerk Quarterly Report 3rd Quarter 6. 6. Programs for the Aging September 2005 Events II. PUBLIC NOTICES III. COMMUNICATIONS IV. FOR DISCUSSION V. Minutes Approval 1. RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Tuesday, August 02, 2005 ? Vote Record - Acceptance of Minutes for August 2, 2005 7:30 PM Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Voter ???????? Daniel C. Ross Voter ? Accepted ?????????? Accepted as Amended Thomas H. Wickham Seconder ?? Tabled ???????? John M. Romanelli Voter ???????? Louisa P. Evans Initiator ???????? Joshua Y. Horton Voter VI. Statement SUPERVISOR HORTON: Welcome to the October 11, 2005 4:30 P.M. public meeting of the Southold Town Board. Please rise and join with me in the Pledge of Allegiance to the Flag. We have a couple of public hearings on the docket this evening, they are, I believe to commence at 5:00. We have a number of items that are available for public review: communications, public notices, reports, at the Town Clerk’s office which is open Monday through Friday, 8:00 AM to 4:00 PM. We invite the public to speak at these public meetings, to address the Town Board on a wide array of items. The first opportunity to do so will be prior to the Town Board voting on these resolutions we have before us this evening on our printed agenda. We also offer the floor to the public to address the Town Board on public hearings, and then at the, just prior to the conclusion of the public meeting, we offer the floor to the public to address the Town Board on general town matters that are of importance to them. We ask that when you do address the Town Board, that you do so from one of the two microphones located at the front of the room, stating your name and address clearly so that we can have that incorporated into our public record. And we move forward with approvals. SUPERVISOR HORTON: At this point, I open the floor to the public to address the Town Board on resolutions before us this evening. Would anybody care to address the Board? (No response) We will move forward with the resolutions. Page 2 October 11, 2005 Minutes Southold Town Board Board Meeting After Resolution #650 JUSTICE EVANS: The next ones have to wait until after the hearings. SUPERVISOR HORTON: That is correct. I believe our hearings are on for 5:00? Am I correct? TOWN ATTORNEY FINNEGAN: Yes. SUPERVISOR HORTON: I will just take this opportunity to bring the attention of our people who are here at the meeting and as well, those that watch this on public television, public access. The Town recently, I believe we passed the resolution at the last Town Board meeting but we have been awarded additional farmland preservation funding based on the strength of our applications. And the applications process is a lengthy one. It is competitive throughout the state and it is federal funding that is allocated to the state to be distributed to towns and counties. And so far on Long Island, Southold Town is the, up until recently, was the only town in the past three years to receive funding of this sort, farmland preservation, and only recently did Riverhead start to be awarded these monies, so again, it really speaks to the strength of our preservation program. The hard work that our Land Preservation Commission does, the skill and expertise of Melissa Spiro and the commitment of the Town Board as well as each resident that casts there, in the past and I am sure moving forward, casts their yes vote for ballot issues for preservation. So, that is more good news that we have to look forward to, as another quarter million dollars which will help us, help us a great deal. We have a few minutes prior to our public hearing. I offer the floor to anybody that would care to address the Town Board on other town related items. Ms. Wachsberger. FREDDIE WACHSBERGER: Freddie Wachsberger, Southold Citizens for Safe Roads. I wondered if there had been any movement on whether any motion has been on the Cross Sound ferry? SUPERVISOR HORTON: In short, we had the, in Executive Session, a brief Executive Session discussion today on that matter and there are some final details within our legal counsels paperwork that are going to be firmed up and then shortly action is going to be taken. Filed. MS. WACHSBERGER: Is there some timing on this? I mean, some… SUPERVISOR HORTON: I would say within two weeks, I believe. TOWN ATTORNEY FINNEGAN: Yeah. MS. WACHSBERGER: And how will one know what has happened? JUSTICE EVANS: I think once it is filed… SUPERVISOR HORTON: Yeah, exactly. Once it is filed it is public information and we will be happy to let you know. Page 3 October 11, 2005 Minutes Southold Town Board Board Meeting MS. WACHSBERGER: Okay, thank you. SUPERVISOR HORTON: Indeed. Are there other comments from the floor? (No response) If not, we will take a 10 minute recess and reconvene at 5:00 for our public hearings. * * * The remainder of the meeting did not record on the tape. We are attempting to retrieve the comments from the public from the video tape. The following is a transcript of the resolutions that were adopted at this meeting. VII. Resolutions 2005-618 CATEGORY: Audit DEPARTMENT: Town Clerk Approval of Audit Dated October11 2005 RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby October 11, 2005. ? Vote Record - Resolution RES-2005-618 Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Voter ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ???????? ??Thomas H. Wickham Seconder Defeated ?? Tabled ???????? John M. Romanelli Voter ?? Withdrawn ???????? Louisa P. Evans Initiator ???????? Joshua Y. Horton Voter 2005-619 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Set Next RegularTown Board Meeting 10/25/05 RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, October 25, 2005 at the Southold Town Hall, Southold, New York at 7:30 P. M.. Page 4 October 11, 2005 Minutes Southold Town Board Board Meeting ? Vote Record - Resolution RES-2005-619 Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Voter ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ???????? ??Thomas H. Wickham Seconder Defeated ?????????? Tabled John M. Romanelli Voter ?? Withdrawn ???????? Louisa P. Evans Initiator ???????? Joshua Y. Horton Voter 2005-652 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Set Work Session for Budget Review October 14, 2005, 10:00 A.M. RESOLVED that the next Town Board work seesion be held on Friday, October 14, 2005, 10:00 a.m. at the Town Hall Annex for the purpose of Budget Review. ? Vote Record - Resolution RES-2005-652 Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Voter ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ???????? ??Thomas H. Wickham Seconder Defeated ?? Tabled ???????? John M. Romanelli Voter ?? Withdrawn ???????? Louisa P. Evans Initiator ???????? Joshua Y. Horton Voter 2005-620 CATEGORY: Surplus Equip - Non Usable DEPARTMENT: Police Dept Authorize and Direct the Town Clerk to Advertise Police Department Surplus Equipment is Available on Www.Propertybureau.Com RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise that the Police Department will have surplus property available for bid www.propertybureau.com (an online auction site)for a period of seventeen (17) months in both local newspapers for two (2) consecutive weeks ? Vote Record - Resolution RES-2005-620 Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Initiator ? Adopted ???????? Daniel C. Ross Seconder ?? Adopted as Amended ???????? ??Thomas H. Wickham Voter Defeated ?????????? Tabled John M. Romanelli Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Joshua Y. Horton Voter Page 5 October 11, 2005 Minutes Southold Town Board Board Meeting 2005-621 CATEGORY: Employment - Town DEPARTMENT: Accounting Salary Increase for FI Megan Bence RESOLVED that the Town Board of the Town of Southold hereby releases Megan Bence from the position of seasonal clerk for Fishers Island Ferry District and appoints her to the position of part time Clerk for the Fishers Island Ferry District effective September 15, 2005, at a rate of $12.00 per hour. ? Vote Record - Resolution RES-2005-621 Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Voter ? Adopted ???????? Daniel C. Ross Initiator ?? Adopted as Amended ???????? ??Thomas H. Wickham Voter Defeated ?? Tabled ???????? John M. Romanelli Voter ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Joshua Y. Horton Voter 2005-622 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Joshua Y. Horton to Enter Into an Intermunicipal Cooperation Agreement with the Town of Shelter Island RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Joshua Y. Horton to enter into an Intermunicipal Cooperation Agreement with the Town of Shelter Island providing for the limited shared use of Southold’s wood grinder and Shelter Island’s asphalt grinder, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2005-622 Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Voter ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ???????? ??Thomas H. Wickham Seconder Defeated ?? Tabled ???????? John M. Romanelli Voter ?? Withdrawn ???????? Louisa P. Evans Initiator ???????? Joshua Y. Horton Voter 2005-623 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Page 6 October 11, 2005 Minutes Southold Town Board Board Meeting Grants Permission to the Mattituck Lions Club to Use Certain Town Roads for Its Annaul Halloween Parade on Monday, October 31, 2005 At 6:00 P.M. RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Mattituck Lions Club to use the following roads for its Annual Halloween Parade on Monday, October 31, 2005 at 6:00 PM : Pike Street, Westphalia Avenue, Sound Avenue, and Love Lane, Mattituck, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and notify Capt. Flatley within ten (10) days of the approval of this resolution to coordinate traffic control. ? Vote Record - Resolution RES-2005-623 Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Voter ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ???????? ??Thomas H. Wickham Initiator Defeated ?? Tabled ???????? John M. Romanelli Voter ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Joshua Y. Horton Voter 2005-624 CATEGORY: Bid Acceptance DEPARTMENT: Police Dept Authorize and Direct Supervisor Joshua Y. Horton to Accept the Donation of a 1990 Oldsmobile Cutlass for Use on Fishers Island RESOLVED authorizes and directs that the Town Board of the Town of Southold hereby Supervisor Joshua Y. Horton to accept the donation of a 1990 Oldsmobile Cutlass , 4 door sedan, color brown, in "as is" condition to be used on Fishers Island for the Fishers Island Conservancy. ? Vote Record - Resolution RES-2005-624 Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Initiator ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ???????? ??Thomas H. Wickham Voter Defeated ?? Tabled ???????? John M. Romanelli Voter ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Joshua Y. Horton Voter 2005-625 CATEGORY: Attend Seminar DEPARTMENT: Planning Board Page 7 October 11, 2005 Minutes Southold Town Board Board Meeting Grant Permission to Senior Environmental Planner Mark Terry to Attend a NYS Community and Waterfront Revitalizatin Conference Entitled “Heritage Centers & Corridors - Looking Back for the Future” In Farmingdale, New York RESOLVED grants permission to that the Town Board of the Town of Southold hereby Senior Environmental Planner Mark Terry to attend a NYS Community and Waterfront Revitalization conference entitled “Heritage Centers & Corridors – Looking Back for the Future” in Farmingdale, New York, on October 19, 2005. All expenses for registration, travel and lodging (if necessary) to be a legal charge to the 2005 General Fund Part Town (B.8020.4.600.200) budget. ? Vote Record - Resolution RES-2005-625 Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Seconder ? Adopted ???????? Daniel C. Ross Initiator ?? Adopted as Amended ???????? ??Thomas H. Wickham Voter Defeated ?? Tabled ???????? John M. Romanelli Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Joshua Y. Horton Voter 2005-626 CATEGORY: Attend Seminar DEPARTMENT: Police Dept Grant Permission to D/Sgt John Sinning and Det Steven Harned to Attend MAGLOCLEN Training Seminar In Egg Harbor Township, New Jersey RESOLVED grants permission to that the Town Board of the Town of Southold hereby Detective Sergeant John Sinning and Detective Steven Harned to attend a seminar on Sex Crimes Training in Egg Harbor Township, New Jersey sponsored by MAGLOCLEN, commencing Wednesday, November 16 through Friday, November 18, 2005. All expenses for registration, travel and lodging to be a legal charge to the 2005 Police training line budget A.3120.4.600.200. ? Vote Record - Resolution RES-2005-626 Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Voter ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ???????? ??Thomas H. Wickham Seconder Defeated ?? Tabled ???????? John M. Romanelli Voter ?? Withdrawn ???????? Louisa P. Evans Initiator ???????? Joshua Y. Horton Voter Page 8 October 11, 2005 Minutes Southold Town Board Board Meeting 2005-627 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorize and Direct Supervisor Horton to Execute a Quitclaim Deed with Respect to the Easterly Portion of Swamp Road WHEREAS , in 1969 the Town of Southold formally abandoned a roadway known as Swamp Road in Cutchogue that had never been developed; and WHEREAS , in 1973 the Town of Southold quit claimed the westerly portion of Swamp Road to the adjacent property owner, but neglected to do so with regard to the easterly portion; and WHEREAS , the owners of the easterly portion of Swamp Road have been assessed and are paying real property taxes to the Town of Southold on that portion; now, therefore, IT IS HEREBY RESOLVED , that Supervisor Joshua Y. Horton of the Town of Southold is hereby authorized and directed to sign a Quitclaim Deed with respect to the easterly portion of Swamp Road , to the current adjacent property owners to the east. ? Vote Record - Resolution RES-2005-627 Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Voter ? Adopted ???????? Daniel C. Ross Seconder ?? Adopted as Amended ???????? ??Thomas H. Wickham Initiator Defeated ?????????? Tabled John M. Romanelli Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Joshua Y. Horton Voter 2005-628 CATEGORY: Attend Seminar DEPARTMENT: Human Resource Center Grant Permission to Terry Van Etten, Site Manager and Jean DeLorme, Neighborhood Aide, to Attend the Career Track Supervisory Training In Hauppauge, New York RESOLVEDhereby grants permission toTerry that the Town Board of the Town of Southold Van Etten, Site Manager and Jean DeLorme, Neighborhood Aide, to attend theCareer Track Supervisory training in Hauppauge, New York on Wednesday, November 16, 2005. Page 9 October 11, 2005 Minutes Southold Town Board Board Meeting The registration fee of $258.00 for both attendees, and shall be a legal charge to the Southold Town Senior Services 2005 budget line number A.6772.4.600.500. ? Vote Record - Resolution RES-2005-628 Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Initiator ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ?????????? Defeated Thomas H. Wickham Voter ?????????? Tabled John M. Romanelli Voter ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Joshua Y. Horton Voter 2005-629 CATEGORY: Attend Seminar DEPARTMENT: Human Resource Center Grant Permission to Jean DeLorme, Neighborhood Aide, to Attend the Geriatric Care Manager Certificate Education and Training Program Sponsored by Stony Brook University, Manhattan Campus, New York RESOLVEDgrants permission toJean that the Town Board of the Town of Southold hereby DeLorme, Neighborhood Aide, to attend the Geriatric Care Manager CertificateEducation and Training Program sponsored by Stony Brook University, Manhattan Campus, New York , November 3 – 7, 2005. All expenses for registration, travel and lodging to be a legal charge to the 2005 Programs for the Aging budget A.6772.4.600.500. ? Vote Record - Resolution RES-2005-629 Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Voter ? Adopted ???????? Daniel C. Ross Initiator ?? Adopted as Amended ???????? ??Thomas H. Wickham Voter Defeated ?? Tabled ???????? John M. Romanelli Voter ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Joshua Y. Horton Voter 2005-630 CATEGORY: Employment - Town DEPARTMENT: Recreation Authorize and Direct the Town Clerk to Advertise for the Position of Part Time Clerk Typist In the Recreation Department RESOLVED authorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise for the position of part time clerk typist in the Recreation Department , 3.5 hours a day, 17.5 hours/week Page 10 October 11, 2005 Minutes Southold Town Board Board Meeting ? Vote Record - Resolution RES-2005-630 Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Voter ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ?????????? Defeated Thomas H. Wickham Seconder ?????????? Tabled John M. Romanelli Voter ?? Withdrawn ???????? Louisa P. Evans Initiator ???????? Joshua Y. Horton Voter 2005-631 CATEGORY: Employment - Town DEPARTMENT: Human Resource Center Release Jean Rocco From Position of PT Mini Bus Driver and Appoint to PT Food Service Worker RESOLVEDreleases Jean Rocco from that the Town Board of the Town of Southold hereby the position of Part-Time Mini Bus Driver at the Human Resource Center and be it further RESOLVEDappoints Jean Rocco to the that the Town Board of the Town of Southold hereby position of a Part-Time Food Service Worker for the Human Resource Center, effective October 10, 2005, at a rate of $11.28 per hour. ? Vote Record - Resolution RES-2005-631 Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Voter ? Adopted ???????? Daniel C. Ross Seconder ?? Adopted as Amended ???????? ??Thomas H. Wickham Initiator Defeated ?????????? Tabled John M. Romanelli Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Joshua Y. Horton Voter 2005-632 CATEGORY: Employment - Town DEPARTMENT: Human Resource Center Release Signorini From Position of Home Health Aide and Appoint to the Position of Senior Citizens Aide II RESOLVEDreleases Elizabeth that the Town Board of the Town of Southold hereby Signorini from the position of Part-Time Home Health Aide , and be it further RESOLVEDappoints Elizabeth that the Town Board of the Town of Southold hereby Signorini to the position of Senior Citizens Aide II for the Human Resource Center, effective Page 11 October 11, 2005 Minutes Southold Town Board Board Meeting October 12, 2005, at a rate of $12.51 per hour. ? Vote Record - Resolution RES-2005-632 Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Initiator ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ???????? ??Thomas H. Wickham Voter Defeated ?? Tabled ???????? John M. Romanelli Voter ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Joshua Y. Horton Voter 2005-633 CATEGORY: Employment - Town DEPARTMENT: Human Resource Center Appoint Beverly J. Norkelun to the Position of a Part-Time Home Health Aide RESOLVEDappoints Beverly J. that the Town Board of the Town of Southold hereby Norkelun to the position of a Part-Time Home Health Aide for the Human Resource Center, effective October 12, 2005, at a rate of $11.28 per hour. ? Vote Record - Resolution RES-2005-633 Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Voter ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ???????? ??Thomas H. Wickham Initiator Defeated ?????????? Tabled John M. Romanelli Voter ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Joshua Y. Horton Voter 2005-634 CATEGORY: Employment - Town DEPARTMENT: Human Resource Center Authorize and Direct the Town Clerk to Advertise for the Position of a Full Time Temporary Assistant Cook RESOLVED authorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise for the position of a full time temporary assistant cook for the Human Resource Center in both papers for two (2) consecutive weeks. Page 12 October 11, 2005 Minutes Southold Town Board Board Meeting ? Vote Record - Resolution RES-2005-634 Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Voter ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ???????? ??Thomas H. Wickham Seconder Defeated ?????????? Tabled John M. Romanelli Voter ?? Withdrawn ???????? Louisa P. Evans Initiator ???????? Joshua Y. Horton Voter 2005-635 CATEGORY: Budget Modification DEPARTMENT: Human Resource Center Modify the 2005 General Fund Whole Town Budget - Human Resource Center RESOLVEDmodifies the 2005 General Fund that the Town Board of the Town of Southold hereby Whole Town budget as follows: FROM : A.6772.4.100.500 Programs for the Aging $500.00 Motor Vehicle Parts/ Supplies TO : A.6772.4.600.500 Programs for the Aging $500.00 Seminars & Training ? Vote Record - Resolution RES-2005-635 Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Voter ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ???????? ??Thomas H. Wickham Initiator Defeated ?? Tabled ???????? John M. Romanelli Voter ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Joshua Y. Horton Voter 2005-636 CATEGORY: Employment - Town DEPARTMENT: Accounting Approve a Request for Extension of Leave Without Pay for Shannon Yalcin for an Additional Six (6) Months RESOLVEDapproves an extension of that the Town Board of the Town of Southold hereby Shannon Yalcin’s request to extend her leave without pay for 6 additional months from stst October 1 through April 1 of 2006 under Section 18 of the CSEA contract. Such leave will Page 13 October 11, 2005 Minutes Southold Town Board Board Meeting be granted without benefits and upon expiration of such period of leave of absence the employee shall be restored to same or comparable position of employment if same is available. ? Vote Record - Resolution RES-2005-636 Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Initiator ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ?????????? Defeated Thomas H. Wickham Voter ?????????? Tabled John M. Romanelli Voter ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Joshua Y. Horton Voter 2005-637 CATEGORY: Budget Modification DEPARTMENT: Human Resource Center Modify the General Fund Whole Town 2005 Budget - HRC, Data Processing RESOLVEDmodifies the General Fund Whole that the Town Board of the Town of Southold hereby Town 2005 budget as follows: To: Revenues : A.2750.60 Programs for the Aging Other Agency Grants $5,000.00 To: Appropriations : A.1680.2.400.450 Data Processing PC Peripherals $2,325.00 A.1680.2.400.440 Data Processing Personal Computers $2,675.00 ? Vote Record - Resolution RES-2005-637 Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Voter ? Adopted ???????? Daniel C. Ross Initiator ?? Adopted as Amended ???????? ??Thomas H. Wickham Voter Defeated ?? Tabled ???????? John M. Romanelli Voter ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Joshua Y. Horton Voter 2005-638 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorize and Direct Supervisor Joshua Y. Horton to Execute the Agreement for Service and Statement of Work Between the Town of Southold and HTE VAR, LLC Page 14 October 11, 2005 Minutes Southold Town Board Board Meeting RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Joshua Y. Horton to execute the Agreement for Service and Statement of Work between the Town of Southold and HTE VAR, LLC to install a new server and migrate from current server for Town Hall, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2005-638 Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Voter ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ?????????? Defeated Thomas H. Wickham Seconder ?? Tabled ???????? John M. Romanelli Voter ?? Withdrawn ???????? Louisa P. Evans Initiator ???????? Joshua Y. Horton Voter 2005-639 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District Modify the 2005 Solid Waste District Budget RESOLVEDmodifies to the 2005 Solid that the Town Board of the Town of Southold hereby Waste District budget, as follows: To: Appropriations SR.8160.1.100.200 Personal Services – Overtime Earnings $ 3,000.00 SR.8160.4.100.200 Diesel Fuel $ 10,000.00 SR.8160.4.100.550 Komatsu Payloader $ 2,000.00 SR.8160.4.100.650 Town Garbage Bags $ 15,000.00 SR.8160.4.100.800 Maint – Facilities/Grounds $ 6,000.00 SR.8160.4.400.820 Plastic Recycling $ 1,500.00 SR.8160.4.600.300 Travel Reimbursement $ 250.00 From: Appropriations SR.8160.2.400.575 Lawn Mower $ 5,000.00 SR.8160.4.400.675 Repairs CAT 816B Compactor $ 3,000.00 SR.8160.4.400.810 C&D Removal $ 12,750.00 SR.8160.4.400.825 Glass Removal $ 2,000.00 SR.8160.4.500.100 NYS DEC Environmental Monitor $ 5,000.00 SR.8160.4.500.150 Groundwater Monitoring $ 10,000.00 Page 15 October 11, 2005 Minutes Southold Town Board Board Meeting ? Vote Record - Resolution RES-2005-639 Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Voter ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ???????? ??Thomas H. Wickham Initiator Defeated ?????????? Tabled John M. Romanelli Voter ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Joshua Y. Horton Voter 2005-640 CATEGORY: Petty Cash DEPARTMENT: Solid Waste Management District Increase the Petty Cash Fund of the Solid Waste Management District RESOLVEDincreases the petty cash that the Town Board of the Town of Southold hereby fund of the Solid Waste Management District from $600.00 to $700.00. ? Vote Record - Resolution RES-2005-640 Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Initiator ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ???????? ??Thomas H. Wickham Seconder Defeated ?? Tabled ???????? John M. Romanelli Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Joshua Y. Horton Initiator 2005-641 CATEGORY: Authorize to Bid DEPARTMENT: Solid Waste Management District Authorize and Direct the Town Clerk to Advertise for Bid the Sale of Excess Gravel RESOLVED authorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise for bid the sale of excess gravel at the Southold Town Transfer Station. ? Vote Record - Resolution RES-2005-641 Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Voter ? Adopted ???????? Daniel C. Ross Initiator ?? Adopted as Amended ?????????? Defeated Thomas H. Wickham Voter ?? Tabled ???????? John M. Romanelli Voter ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Joshua Y. Horton Voter 2005-642 CATEGORY: Official Paper Page 16 October 11, 2005 Minutes Southold Town Board Board Meeting DEPARTMENT: Town Clerk The Suffolk Times is Hereby Designated, Effective October 11, 2005 As the Official Newspaper RESOLVEDThe Suffolk Times, a newspaper regularly published in the Town of Southold, that which has been entered as a second class mail matter, be and the same is hereby designated, effective October 14, 2005 as the official newspaper of the Town of Southold for the publication of notices, resolutions, ordinances and other matter required to be published. ? Vote Record - Resolution RES-2005-642 Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Voter ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ???????? ??Thomas H. Wickham Seconder Defeated ?? Tabled ???????? John M. Romanelli Voter ?? Withdrawn ???????? Louisa P. Evans Initiator ???????? Joshua Y. Horton Voter 2005-643 CATEGORY: Attend Seminar DEPARTMENT: Town Clerk Grant Permission to Town Clerk Elizabeth Neville and Network Systems Administrator Lloyd Reisenberg to Attend Seminars on GIS Geographic Information Systems Sponsored by the New York State Archives RESOLVEDhereby grants permission to Town that the Town Board of the Town of Southold Clerk Elizabeth Neville and Network Systems Administrator Lloyd Reisenberg to attend seminars on GIS Geographic Information Systems sponsored by the New York State Archives on October 12, 2005 and November 2, 2005 in Hauppauge, New York. Travel shall be by Town car. A grant application will be applied for in the 2006-2007 grant cycle to initiate the use of credit cards for payment of services and permits in the Town Clerk’s Office and Town Taxes in the Receiver of Taxes Office. ? Vote Record - Resolution RES-2005-643 Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Voter ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ???????? ??Thomas H. Wickham Initiator Defeated ?????????? Tabled John M. Romanelli Voter ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Joshua Y. Horton Voter 2005-644 CATEGORY: Proclamation Page 17 October 11, 2005 Minutes Southold Town Board Board Meeting DEPARTMENT: Town Clerk Proclaim October 10-17, 2005 ARCHIVES WEEK In the Town of Southold. WHEREAS , archives help us anchor our rapidly changing society in the stream of time, document our stewardship of the present, and remind us of our accountability to future generations, and WHEREAS , archives are central to research and education, both now and in the future, and WHEREAS , the archives of our governments protect the rights of citizens, support the effective operation of government, and document the evolution of our democracy, and WHEREAS , archives are essential to understanding the diversity of our society and the development of our private and non-profit organizations, and WHEREAS , the sound election, preservation, accessibility and broad use of archival records are vital to the present and future citizens of the Town of Southold, and WHEREAS , greater public awareness of archival conditions and increased support for archival programs in the Town of Southold is urgently needed, and WHEREAS , the second week in October is being celebrated statewide as NEW YORK ARCHIVES WEEK, now, therefore, be it RESOLVEDproclaims October 10-17, , that the Town Board of the Town of Southold hereby 2005 ARCHIVES WEEK in the Town of Southold. ? Vote Record - Resolution RES-2005-644 Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Initiator ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ???????? ??Thomas H. Wickham Seconder Defeated ?????????? Tabled John M. Romanelli Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Joshua Y. Horton Voter Page 18 October 11, 2005 Minutes Southold Town Board Board Meeting 2005-645 CATEGORY: Employment - Town DEPARTMENT: Town Clerk Appoint Michelle Martocchia to the Position of a Clerk Typist for the Town Clerk’s Office RESOLVEDappoints Michelle that the Town Board of the Town of Southold hereby Martocchia to the position of a Clerk Typist for the Town Clerk’s office, effective October 27, 2005, at a salary of $31,359.26 per annum. ? Vote Record - Resolution RES-2005-645 Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Voter ? Adopted ???????? Daniel C. Ross Initiator ?? Adopted as Amended ?????????? Defeated Thomas H. Wickham Voter ?? Tabled ???????? John M. Romanelli Voter ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Joshua Y. Horton Voter 2005-646 CATEGORY: Budget Modification DEPARTMENT: Town Clerk Modifiy the 2005 General Fund Whole Town Budget - Town Clerk RESOLVED modifies the 2005 General that the Town Board of the Town of Southold hereby Fund Whole Town budget, as follows: TO: A.1410.2.200.300 Filing Equipment $1500.00 FROM: A.1410.2.100.300 Chairs $1000.00 A.1410.2.200.200 Tape Recorders 500.00 ? Vote Record - Resolution RES-2005-646 Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Voter ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ???????? ??Thomas H. Wickham Seconder Defeated ?? Tabled ???????? John M. Romanelli Voter ?? Withdrawn ???????? Louisa P. Evans Initiator ???????? Joshua Y. Horton Voter 2005-647 Page 19 October 11, 2005 Minutes Southold Town Board Board Meeting CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to the Cutchogue Fire Department to Use Town Roads for Its Annual Halloween Parade In Cutchogue on October 31, 2005 RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Cutchogue Fire Department to use the following roads for its Annual Halloween Parade in Cutchogue on October 31, 2005 beginning at 6:00 PM: Depot Lane New Suffolk Road provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and notify Capt. Flatley within ten (10) days of the approval of this resolution to coordinate traffic control. ? Vote Record - Resolution RES-2005-647 Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Voter ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ?????????? Defeated Thomas H. Wickham Initiator ?? Tabled ???????? John M. Romanelli Voter ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Joshua Y. Horton Voter 2005-648 CATEGORY: Seqra DEPARTMENT: Town Attorney Determine that the Local Law Entitled “A Local Law In Relation to Amendments to Chapter 37” is a Type II Action Pursuant to SEQRA Rules and Regulations, and is Not Subject to Review. RESOLVEDdetermines that the local that the Town Board of the Town of Southold hereby law entitled "A Local Law in Relation to Amendments to Chapter 37" is a Type II action pursuant to SEQRA rules and regulations, and is not subject to review. ? Vote Record - Resolution RES-2005-648 Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Initiator ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ???????? ??Thomas H. Wickham Voter Defeated ?? Tabled ???????? John M. Romanelli Voter ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Joshua Y. Horton Voter Page 20 October 11, 2005 Minutes Southold Town Board Board Meeting 2005-649 CATEGORY: Legislation DEPARTMENT: Town Attorney Determined that the Proposed Local Law Entitled "A Local Law In Relation to Amendments to Chapter 97", is an Unlisted Action, and Will Not Have a Significant Impact on the Environment, and Adopt a Negative Declaration Pursuant to SEQRA Rules and Regulations for the Proposed Local Law. RESOLVEDhas determined , that the Town Board of the Town of Southold, as lead agency, that the proposed Local Law entitled "A Local Law in relation to Amendments to Chapter 97", is an Unlisted action, and will not have a significant impact on the environment , and be it further RESOLVEDadopts a Negative that the Town Board of the Town of Southold hereby Declaration pursuant to SEQRA Rules and Regulations for the proposed Local Law. ? Vote Record - Resolution RES-2005-649 Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Voter ? Adopted ???????? Daniel C. Ross Initiator ?? Adopted as Amended ???????? ??Thomas H. Wickham Seconder Defeated ?? Tabled ???????? John M. Romanelli Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Joshua Y. Horton Voter 2005-650 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact the Local Law Entitled, “A Local Law In Relation to Amendments to Chapter 37” WHEREAS , there has been presented to the Town Board of the Town of Southold, Suffolk A Local Law in County, New York, on the 19th day of September, 2005 a Local Law entitled “ relation to Amendments to Chapter 37 ” and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it Page 21 October 11, 2005 Minutes Southold Town Board Board Meeting RESOLVED that the Town Board of the Town of Southold hereby ENACTS the Local Law A Local Law in relation to Amendments to Chapter 37 entitled, “” which reads as follows: LOCAL LAW NO. _16_ 2005 A Local Law entitled, “A Local Law in relation to Amendments to Chapter 37”. BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose – In order to promote the effective enforcement of the laws protecting the Coastal Erosion Hazard Areas within the Town of Southold, it is necessary to make amendments to the penalties provision of Chapter 37. These amendments are intended to clarify and strengthen the criminal penalties associated with violations of this law. II. Chapter 37 of the Code of the Town of Southold is hereby amended as follows: §37-47. Penalties for Offenses. A violation An offense of a provision of this Chapter is hereby declared to be an offense is a violation punishable by a fine not exceeding five thousand dollars ($5,000.00) or imprisonment for a period not to exceed six (6) months, 15 days or both. Each day’s on which such continued violation of this Chapter occurs will constitute a separate additional violation. Nothing herein will shall be construed to prevent the proper local authorities of the Town from taking such other lawful actions or proceedings as may be necessary to restrain, correct or abate any violation of this Chapter. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE Page 22 October 11, 2005 Minutes Southold Town Board Board Meeting This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ? Vote Record - Resolution RES-2005-650 Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Voter ? Adopted ???????? Daniel C. Ross Seconder ?? Adopted as Amended ?????????? Defeated Thomas H. Wickham Initiator ?????????? Tabled John M. Romanelli Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Joshua Y. Horton Voter 2005-651 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact Amendments to Chapter 97 WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New A Local Law in relation to York, on the 19th day of September, 2005 a Local Law entitled “ Amendments to Chapter 97 ” AND WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were be given an opportunity to be heard, now therefor be it RESOLVEDENACTS that the Town Board of the Town of Southold hereby the Local Law A Local Law in relation to Amendments to Chapter 97 entitled, “” which reads as follows: LOCAL LAW NO. _17_ 2005 A Local Law entitled, “A Local Law in relation to Amendments to Chapter 97”. BE IT ENACTED by the Town Board of the Town of Southold as follows: Section I. Purpose In early 2004, an updated Chapter 97 of the Town Code was adopted by the Town Board. The amended chapter was designed to provide necessary regulation of wetlands and natural resources throughout the Town of Southold. It has become necessary to make additional amendments to Page 23 October 11, 2005 Minutes Southold Town Board Board Meeting the Code to ensure for the residents of the Town both a clear understanding of the Code and continued protection of the natural resources. The amendments include addition of and amendment to several definitions, reduction in fee for administrative permit, a fee of $50.00 associated with pre-application site visits, establishment of a dock and float fee, elimination of the notice of violation, and a codification of Trustee policies designed to protect the wetlands and natural resources of the Town. Section II. Chapter 97 of the Code of the Town of Southold is hereby amended as follows: § 97-11. Definitions. For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words in the present tense include the future; words used in the plural number include the singular number; and words used in the singular number include the plural number. The word "shall" is always mandatory and not directory. CONSTRUCTION AND DEMOLITION (C & D) DEBRIS – Includes but is not limited to waste cement, concrete, masonry work, brick, tile, sheetrock, plaster, wood shingles and the like and rubble resulting from remodeling, demolition, repair and building of structures. HOMEOWNERS’ OR HOMES ASSOCIATION – A community association, including a condominium association, which is organized in a residential development in which individual owners have a shared interest in the responsibility for open space or facilities. MATERIAL – Soil, sand, stone, gravel, clay, bog, peat, mud or any other material, including liquids, organic or inorganic. NON FERTILIZER – Not to include the use of fertilizers of any type. OPERATIONS – A. The removal of material from wetlands or otherwise within Trustee jurisdiction. B. The deposit or discharge of material on wetlands or otherwise within Trustee jurisdiction. C. The deposit or discharge of material on any area that results in the transport of said materials into wetlands or otherwise within Trustee jurisdiction. D.C. The erection, construction, alteration or enlargement of any building, dock, pier, wharf, bulkhead, jetty, groin or other structure, temporary or permanent, on wetlands, or otherwise within the Trustees jurisdiction. E.D. Removing or otherwise affecting the growth of plants in wetlands or otherwise within Trustee jurisdiction. STRUCTURE – Any object constructed, installed or placed in, on or under land or water, including but not limited to a building; permanent shed; deck; in-ground and aboveground pool; garage; mobile home; road; public service distribution, transmission or collection system; tank; dock; pier; wharf; groin; jetty; seawall; bulkhead; breakwater; revetment; artificial beach nourishment; boat rack; trellis; arbor; gazebo; walkway; statue; sculpture; stairs; or any addition to or alteration of the same. WETLANDS (FRESHWATER) – Page 24 October 11, 2005 Minutes Southold Town Board Board Meeting A. "Freshwater wetlands" as defined in Article 24, Title 1, § 24-0107, Subdivisions 1(a) to 1(d) inclusive, of the Environmental Conservation Law of the State of New York; or B. All lands and waters in the town which contain any or all of the following: (1) Lands and submerged lands commonly called "marshes," "swamps," "sloughs," "bogs" and "flats" supporting aquatic or semi-aquatic vegetation of the following types: (a) Wetland trees which depend upon seasonal or permanent flooding or sufficiently water-logged soils to give them a competitive advantage over other trees, including, Acer rubrumSalix sppPicea among others, red maple (), willows (.), black spruce ( marianaQuercus bicolorFraxinum pennsylvanica ); swamp white oak (), red ash (), black Fraxinus nigraAcer saccharinumUlmus ash (), silver maple (), American elm ( americanaLarix laricina ) and larch (); (b) Wetland shrubs which depend upon seasonal or permanent flooding or sufficiently water-logged soils to give them a competitive advantage over other shrubs, Alnus sppCephalanthus occidentalis including, among others, alder (.), buttonbush (), Ilex verticillataChamaedaphne calyculata common winterberry () leatherleaf (), and Rhododendron viscosum swamp azalea (); Typha spp (c) Emergent vegetation, including, among others, cattails (.), Pontederia cordataScirpus sppPeltandra pickerelweed (), bulrushes (.), arrow arum ( virginicaSagittaria sppPhragmites australis ), arrowheads (.), common reed (), wildrice Zizania aquaticaSparganium sppLythrum salicaria (), bur-reeds (.), purple loosestrife (), Decodon verticillatusAlisma plantago- swamp loosestrife () and water plantain ( aquatica ); (d) Rooted, floating-leaved vegetation, including, among others, water-lily Nymphaea odorataBrasenia schreberiNuphar spp (), water shield () and spatterdock (.); Lemna spp (e) Free-floating vegetation, including, among others, duckweed (.), big Spirodela polyrhizaWolffia spp duckweed () and watermeal (.); (f) Wet meadow vegetation which depends upon seasonal or permanent flooding or sufficiently water-logged soils to give it a competitive advantage over other open land Carex sppJuncus spp vegetation, including, among others, sedges (.), rushes (.), cattails Typha sppLeersia oryzoidesPhalaris (.), rice cut-grass (), reed canary grass ( arundinaceaDecodon verticillatusEleocharis spp ), swamp loosestrife () and spikerush (.); Sphagnum (g) Bog mat vegetation, including, among others, sphagnum mosses ( sppAndromeda glaucophyllaChamaedaphne calyculata .), bog rosemary (), leatherleaf (), Sarracenis purpureaVaccinium macrocarponV. pitcher plant () and cranberries ( and oxycoccos ); or (h) Submergent vegetation, including, among others, pondweeds Potamogeton sppNajas sppUtricularia spp (.), naiads (.) bladderworts (.), wild Vallisneria americanaCeratophyllum demersum celery (), coontail (), water Myriophyllum sppChara sppNitella spp milfoils (.) muskgrass (.), stonewort (.), Elodea sppPolygonum amphibium water weeds (.) and water smartweed (). (2) Lands and submerged lands containing remnants of any vegetation that is not aquatic or semiaquatic that has died because of wet conditions over a sufficiently long period, provided that such wet conditions do not exceed a maximum seasonal water depth of six feet and provided further that such conditions can be expected to persist indefinitely, barring human intervention. Page 25 October 11, 2005 Minutes Southold Town Board Board Meeting (3) Lands and waters substantially enclosed by aquatic or semiaquatic vegetation as set forth in Subsection B(1) or be dead vegetation as set forth in Subsection B(2), the regulation of which is necessary to protect and preserve the aquatic and semiaquatic vegetation. (4) The waters overlying the areas set forth in Subsection B(1) and (2) and the lands underlying Subsection B(3). § 97-12. Declaration of Policy, Jurisdiction and Setbacks. C. Jurisdiction: The following areas are subject to protection under Chapter 97 of the Code of Southold. (1) Any freshwater wetland, tidal wetland, beach, bluff, dune, flat, marsh, swamp, wet meadow, bog, or vernal pool; (2) Any creek, estuary, stream, pond, canal, or lake; (3) Land under water; (4) Land subject to tidal action; (5) Land within 100 feet of the areas listed above. D. Setbacks: The following minimum setbacks apply to any and all operations proposed on residential property within the jurisdiction of the Board of Trustees: (1) Wetland Boundary (a) Residence – one hundred (100) feet; (b) Driveway – fifty (50) feet; (c) Sanitary leaching pool (cesspool) – one hundred (100) feet; (d) Septic tank – seventy five (75) feet; (e) Swimming Pool and related structures – fifty (50) feet; (f) Landscaping or gardening – fifty (50) feet; (g) Placement of C&D material- one hundred (100) feet; (2) Bluff Line (a) Residence – one hundred (100) feet; (b) Driveway – one hundred (100) feet; (c) Sanitary leaching pool (cesspool) – one hundred (100) feet; (d) Swimming Pool and related structures – one hundred (100) feet; The Board of Trustees reserves the right to waive or alter these setbacks where site-specific and/or environmental conditions justify such action. § 97-13. Exceptions. A. The provisions of this chapter shall not affect or prohibit nor require a permit for the following: (7) The ordinary and usual maintenance or repair of a man-made pond as defined in (§ 97-11). This exception does not apply to filling of unlined manmade ponds. (8) Proactive restoration or enhancement projects conducted in cooperation with the Trustees including, but not limited to, salt marsh restoration, eelgrass plantings or other vegetative enhancement work (9) Installation or burial of a residential propane tank within 100 feet of wetlands in an existing, established yard area when more appropriate upland placement is not possible Page 26 October 11, 2005 Minutes Southold Town Board Board Meeting B. Nothing contained in this section shall alter the jurisdiction of the Southold Town, Board of Trustees. ARTICLE II, Permits § 97-20. Permit procedures. B. Administrative Permit. (2) The following operations will be considered for Administrative review: (j) The construction of a permitted bulkhead, which is to replace an existing functional bulkhead, subject to the following: [3]Any such activities shall require the addition of a non-turf buffer area not to exceed twenty (20) feet wide as defined in (§ 97-11). (k.) Minor changes to existing, valid Trustee permits. The Trustees reserve the right to determine whether the changes qualify for Administrative review. § 97-21. Application. A. Contents of Application. A permit may be issued upon the written, verified application of the person proposing to perform operations on wetlands. Six (6) Three (3) copies of the complete application, including all written descriptions, pictures and surveys, shall be submitted to the Clerk. Such application shall contain the following information: (8) Such application shall be accompanied by a survey and topographical map, created no more than one (1) year prior to the date of application, with contours at two-foot intervals, showing all wetlands within a two hundred foot (200’) radius of the area from which the removal or in which the deposit of materials is proposed, or in which structures are to be erected, certified by a registered land surveyor or registered professional engineer, licensed by the State of New York. Such survey and topographical map shall show the soundings of the area in which operations are proposed to be conducted. The horizontal control of said survey shall be based on an approved local coordinate system. The vertical control for elevations shall be based on the United States Coast and Geodetic Survey datum. (18) A completed Local Waterfront Revitalization Program Consistency Assessment Form. § 97-22. Fees. A. Every application for a permit filed with the Clerk shall be accompanied by a filing fee of two hundred fifty dollars ($250), which includes the first site visit, no portion of which shall be refundable. The fee for an Administrative permit shall be fifty dollars ($50). For structures that have been previously built without a permit the fee will be doubled. If a pre-application site visit is requested, the feel shall be fifty dollars ($50). E. Dock and float fee: Every application for a new dock or float shall include a fee equal to $3/ft of linear length for residential docks and $3ft for commercial docks. Commercial docks are any structures that are rented, leased or otherwise used to generate income including, but not limited to, those structures located on properties zoned M1 and M2. Page 27 October 11, 2005 Minutes Southold Town Board Board Meeting § 97-23. Processing of application. A. Pre-Submission Conference. Applicants are encouraged to schedule a voluntary Pre- submission site visit to discuss the proposed operations with the Board. Discussions in the field are purely advisory and non-binding but this meeting is intended to facilitate communication between the applicant and the Board. There will be a fifty dollar ($50) no fee for this conference. § 97-25. Contents of permit. Each permit issued hereunder by the Clerk pursuant to a resolution of the Trustees shall be valid for a period of two (2) years from the date of approval. Said permit may be renewed for two consecutive one year periods at the discretion and review of the Board. Each permit shall state the following: K. A statement that: “The permittee is required to provide evidence that a copy of this Trustee permit has been recorded with the Suffolk County Department of Real Properties Office as a notice covenant and deed restriction to the deed of the subject parcel. Such evidence shall be provided within ninety (90) calendar days of issuance of this permit” § 97-27 Construction and Operation Standards A. General. The following standards are required for all operations within the jurisdiction of the Trustees: (4) Fences. In general, fences are prohibited from beaches and wetland areas. Trustees reserve the right to permit erection of a fence where the applicant has shown that there is a need to protect their private property. In these rare cases, Oonly split rail fences are allowed on beaches. Fences on beaches Such fences shall be perpendicular to the waterline and not be closer than ten (10) feet to MHW. Only one posted sign per one hundred (100) linear feet of fence is allowed. Posted signs shall be o larger than twelve (12) inches by twelve (12) inches square. (6) Decks and platforms. No decks or platforms shall be permitted on or nearbluffs. Platforms associated with stairs may not be larger than thirty-two (32) square feet sixteen (16) square feet (8) No structures on beaches, bluffs or dunes unless approved by the Board at its discretion based on their site inspection. B. Shoreline Structures. The following standards are required for all operations relating to shoreline structures on residential properties. Operations conducted on properties zoned M1 or M2 may be given greater flexibility in these requirements given the water dependent nature of their use. (1) Bulkheads, Retaining Walls, Revetments and Gabions. (a) Only in place replacement of existing functional bulkheads (as defined in § 97- 11) is permitted. In-kind replacement relates to the position and dimensions and does not necessarily require or allow for the use of the same materials. At their discretion, the Page 28 October 11, 2005 Minutes Southold Town Board Board Meeting Board may allow for a one time projection of the replacement structure seaward of the original, only if such placement will not project the proposed structure seaward of adjacent, neighboring structures and if the proposed installation is in close proximity to the original structure. Any subsequent repair or replacement following the first replacement requires the structure to be built on or landward of the original structure. (b) Bulkheads on the Sound shall only be permitted when the likelihood of extreme erosion is demonstrated and it shall not increase erosion on neighboring properties. (c) Bulkheads on the Sound must be armored with stone. (d) All bulkhead construction and renovation work requires the establishment of a permanent non-turf buffer as defined by § 97-11. (e) Retaining walls are not permitted unless excessive erosion can be demonstrated. (f) In order to prevent the release of metals and other contaminants into the wetlands and waters of Southold, the use of lumber treated with chromated copper arsenate (also known as "CCA"), creosote, penta products or homemade wood preservatives is prohibited for use in sheathing and decking. Preservatives of any type including but not limited to those listed above cannot be applied to any bulkheads, retaining walls or revetments after installation. These restrictions so not apply to structures proposed landward of the wetland boundary. Encapsulated pilings or native non chemically treated (untreated) lumber only should be used in sensitive areas. (g) The use of tropical hardwoods is not permitted unless it is certified by the Forest Stewardship Council or similar organization. (h) New bulkheads in creeks and bays are prohibited, unless the operation involves construction of a low-sill bulkhead. (i) Machine excavation is prohibited in tidal and freshwater wetland areas. (j) Individual residential stairs are prohibited on bluffs if the property is part of an association that maintains a common stairway within a reasonable distance. (k) No discharge pipes are allowed out of or over bulkheads unless permitted by the Trustees. (l) Lighting: Any and all lights associated with bulkheads, retaining wall or poles in Trustee jurisdiction must be directed on the subject structure and not out into the adjacent wetland, waterway or property. Lights shall not be on unless the waterfront is in active use. (m) Backfilling: Only clean sand can be used for backfilling in eroded and excavated areas as well as behind new and repaired bulkheads. Garbage, asphalt,and C&D materials are strictly forbidden for use as backfill behind bulkheads. C. In Water. The following standards are required for all in water operations adjacent to residential properties. Operations conducted on properties zoned M1 or M2 may be given greater flexibility in these requirements given the water dependent nature of their use. (1) Jetties and Groins. General Rules (a) Only low-profile jetties as defined in § 97-11 will be permitted (b) Only in place replacement of existing low-profile functional jetties and groins (as defined in § 97-11) is permitted. Page 29 October 11, 2005 Minutes Southold Town Board Board Meeting (c) Pre-backfilling of jetties and groins may be required. (d) In order to prevent the release of metals and other contaminants into the wetlands and waters of Southold, the use of lumber treated with chromated copper arsenate (also known as "CCA"), creosote, penta products or homemade wood preservatives is prohibited for use in sheathing and decking. Preservatives of any type including but not limited to those listed above cannot be applied to any jetty or groin after installation (e) The use of tropical hardwoods is not permitted unless it is certified by the Forest Stewardship Council or similar organization. (f) No new jetties or groins will be permitted unless the work results in a net decrease in the total number of jetties in the subject area. (g) All applicants for jetties and groins extending across the foreshore shall be required to give and maintain a public passing way, on the upland, not less than five (5) feet in width, to enable persons to pass and repass over said structure by steps or a ramp allowing pedestrian passage . (2) Docks (a) Standards for Residential and Commercial Docks It shall be the policy of the Town of Southold that all docks shall be designed, constructed and located so as to reduce a dock's potential adverse impacts to navigation, public safety, waterway congestion, access to public trust lands and water, and natural resources and habitats. The following standards will serve as a basis for granting, denying, or limiting permits for the construction of docks. 11. Personal watercraft or “jetski” floats cannot be added to any float, stairway, or dock. without a Trustee Permit. 12. Lighting: Any and all lights associated with docks, floats or poles must be directed on the subject structure and not out into the adjacent wetland, waterway or property. Lights shall not be on unless the dock is in active use. 13. Utilities and Water: If power and/or water are to be installed on a dock, plans for the installation must be provided to the Trustees at the time of application. Installation of such amenities on an existing permitted dock requires obtaining a permit amendment from the Trustees. (b) Dock Locations and Lengths 1. No dock shall be erected or extended if, in the opinion of the Trustees, such structure would adversely affect navigation, fisheries, shell fisheries, scenic quality, habitats or wetland areas. 2. Within creeks and other narrow waterways, no dock length shall exceed 1/3 the total width of the water body. Determination of the length of the dock must include the dimensions of the vessel. 3. Prohibited Locations and Activities [a] Given the unique and sensitive natural environmental Page 30 October 11, 2005 Minutes Southold Town Board Board Meeting characteristics described in the Town of Southold Local Waterfront Revitalization Plan and the New York State Department of State Significant Habitat descriptions, no new docks will be permitted, over vegetated wetlands or such that it causes habitat fragmentation of vegetated wetlands, in Downs Creek, Hallocks Bay, Hashamomuck Creek and Pond and West Creek [b] Machine excavation is prohibited in tidal or freshwater wetland areas. [c] Placement of fence, mesh or other material preventing passage under docks is prohibited. [d] No fFloating docks, other floats, and dock components, and duck blinds or boats shall not be stored on tidal wetlands, other intertidal areas or freshwater wetlands. (c) Regulations for the Placement and Configuration of Docking Facilities 1. Residential Docks: [a] Only one dock or mooring is permitted per residential lot. [b] If any part of a residential dock structure includes a float or floating dock, the float or floating dock portion shall be designed so that, with the exception of the pilings, 1. it is no larger than six (6) feet wide and twenty (20) feet long except on Fishers Island if the need is demonstrated; 2. no part of the floating dock will contact the bottomland during a normal low tide. [c] In determining the permitted length of a proposed residential dock the Trustees shall seek to maintain lengths consistent with the other docks (i.e., pier line) in the waterway which meet the requirements of this law. [d] Pilings shall not project more than three (3) feet above the surface of a dock or catwalk unless a need for greater height is demonstrated. [e] All excess fill from installation of pilings must be removed from tidal or freshwater wetland area on the same day as installation and disposed of in an approved upland disposal area. [f] Tie off poles associated with residential docks will only be permitted to secure one (1) vessel. If the dock utilizes a float the poles shall not project farther seaward than the outer edge of the float. If a float is not used the pole(s) can be situated seaward of the end of the dock sufficient to secure the vessel. [g] Only one hand rail is permitted on a residential dock unless the need for two is demonstrated. Rails shall not be higher than three (3) feet above the surface of the dock and posts shall not be placed closer than 6 feet on center or larger than 4”x 4” in dimension. [h] Residential catwalks and ramps are limited to four (4) feet in width. [i] Residential boatlifts, floating or fixed, are prohibited. ARTICLE III, Administration and Enforcement Page 31 October 11, 2005 Minutes Southold Town Board Board Meeting § 97-31. Coordination and Enforcement The Director of Code Enforcement and/or the Bay Constable are responsible for coordination and enforcement of the provisions of this chapter. The Director of Code Enforcement and Bay Constables have the authority to issue violations of this Chapter. § 97-32. Notice of violation. A. Whenever the Director of Code Enforcement or Bay Constable have reasonable grounds to believe that operations regulated hereby are being conducted in violation of the provisions of this chapter or not in compliance with a permit issued pursuant to this chapter, he may notify the owner of the property, or the owner's agent or the person performing such operations, to suspend all operations; and any such person shall forthwith cease operations until such notice of violation has been rescinded. B. Such notice shall be in writing, shall specify the violation and shall state the conditions, which must be complied with and the time within which compliance must be completed before operations may be resumed. Such notice shall also inform the person to whom it is directed of his right to apply for a hearing before the Trustees, as hereinafter provided. C. Such notice shall be served upon the person to whom it is directed by delivering it to him personally or by posting the same in a conspicuous place on the premise where operations are being conducted and mailing a copy thereof to such person by certified mail to his last known address. D. The Director of Code Enforcement or Bay Constable may extend the time of compliance specified in the notice of violation where there is evidence of intent to comply within the time specified and conditions exist which prevent immediate compliance. E. In the event that the person upon whom a notice of violation has been served shall fail to comply with said notice within the time specified therein or within the time specified in any extension of time issued by the Director of Code Enforcement or Bay Constable, any permit issued to such person pursuant to this chapter shall be deemed revoked. F. It shall be unlawful for any person served with a notice of violation pursuant to § 97-31C to fail to comply with such notice. § 97-33. Hearing on violation. A. Any person affected by a notice of violation issued pursuant to the preceding section hereof may request and shall be granted a hearing before the Trustees, provided that such person shall file a written request therefor with the Clerk within 10 days after service of the notice of violation. Such request shall have annexed thereto a copy of the notice of violation upon which a hearing is requested and shall set forth the reasons why such notice of violation should be modified or rescinded. B. The Clerk shall present such request to the Trustees at its next regular meeting. The Trustees shall set a time and place for such hearing and shall give the person requesting the same at least five days' notice of the time and place thereof. C. At such hearing, the person requesting the same, or his representative, shall be given an opportunity to show cause why such notice of violation should be modified or rescinded. After such hearing, the Trustees may sustain, modify or rescind such notice of violation, or revoke any permit previously issued, and shall specify the reasons therefor. D. The notice of violation for which a hearing is requested shall continue in effect pending the hearing and determination of the Trustees. Page 32 October 11, 2005 Minutes Southold Town Board Board Meeting § 97-34. Compliance requirements and penalties for offenses. A. It shall be unlawful for any carter, owner, occupant, builder, architect, contractor or their agents or any other person to fail to comply with any provisions of this chapter or to fail in any manner to comply with a written notice, directive or order of the Director of Code Enforcement or Bay Constable or to conduct any operation in a manner not in compliance with a permit issued pursuant to this chapter. B. For each offense against any of the provisions of this chapter or any regulations made pursuant thereto, or failure to comply with a written notice or order of any Director of Code Enforcement or Bay Constable within the time fixed for compliance therewith, the owner, occupant, builder, architect, contractor or their agents or any other person who commits, takes part or assists in the commission of any such offense or who shall fail to comply with a written order or notice of the Director of Code Enforcement or Bay Constable shall be subject to the following fine schedule. Each day on which such violation occurs shall constitute a separate, additional offense. (1) Failure to obtain a permit. Any person conducting operations within the jurisdiction of the Trustees without first obtaining a permit according to the procedures outlined in this chapter shall be subject to fine of not less than $1,000 and not more than $4,000 or a term of imprisonment of not less than fifteen (15) days nor more than six (6) months, or both; (2) Failure to comply with the terms of a permit. Any person failing to comply with the terms of a permit shall be subject to fine of not less than $500 and not more than $1,000. For each subsequent offense, the violator shall be guilty of a misdemeanor punishable by a fine not less than $1,000 nor more than $2,000 or a term of imprisonment of not less than fifteen (15) days nor more than six (6) months, or both; (3) Failure to heed a cease and desist order. Any person conducting operations in direct contradiction to the terms of a cease and desist order shall be subject to fine of not less than $1000 and not more than $2,000. For each subsequent offense, the violator shall be guilty of a misdemeanor punishable by a fine not less than $1,000 nor more than $2,000 or a term of imprisonment of not less than fifteen (15) days nor more than six (6) months, or both; (4) Restoration. In lieu or in addition to these punishments, any offender may be punished by being ordered to restore the affected wetland to its condition prior to the offense. Any such order shall specify a reasonable time for the completion of such restoration, which shall be effected under the supervision of the approving authority. The Trustees reserve the right to require specific re-planting and restoration methods including specific survivability and success criteria. (5) Mitigation. When on-site wetlands restoration and creation may be unfeasible due to technical or other constraints, other mitigative measures such as off-site wetland restoration or creation may be required. C. No new permits will be issued to any carter, owner, occupant, builder, architect, contractor or their agents if they are named as defendants in an outstanding or unresolved wetland violation. D. In addition to the above-provided penalties, the Trustees may also, if authorized by the Town Board, maintain an action or proceeding in the name of the town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter. III.Severability. Page 33 October 11, 2005 Minutes Southold Town Board Board Meeting 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. IVEffective date . This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ? Vote Record - Resolution RES-2005-651 Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Voter ? Adopted ???????? Daniel C. Ross Seconder ?? Adopted as Amended ???????? ??Thomas H. Wickham Initiator Defeated ?? Tabled ???????? John M. Romanelli Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Joshua Y. Horton Voter VIII. Public Hearings 1. Motion To: Motion to recess to Public Hearing COMMENTS - Current Meeting: RESOLVEDbe and hereby is declared that this meeting of the Southold Town Board Recessed in order to hold a public hearing. 2. Set October 11, 2005 At 5:00 P.M., As the Time and Place for a Public Hearing on a Local Law Entitled, “A Local Law In Relation to Amendments to Chapter 37” RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Edwards, Ross, Wickham, Evans, Horton ABSENT: John M. Romanelli 3. Set October 11, 2005 At 5:05 Pm, Southold Town Hall, As the Time and Place for a Public Hearing On” a Local Law In Realtion to Amendments to Chapter 97” RESULT: CLOSED [UNANIMOUS] MOVER: William P. Edwards, Councilman SECONDER: Daniel C. Ross, Councilman AYES: Edwards, Ross, Wickham, Evans, Horton ABSENT: John M. Romanelli IX. 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. * * * * * Page 34 October 11, 2005 Minutes Southold Town Board Board Meeting Elizabeth A. Neville Southold Town Clerk Page 35